No, not directly, but they did issue this Safety Advisory: Possession or Use of Battery-Powered Portable Electronic Smoking Devices Around, On or While Operating a Commercial Motor Vehicle (CMV) relating to the possession and use of battery-powered portable electronic smoking devices (e.g., e-cigarettes, e-cigs, e-cigars, e-pipes, e-hookahs, personal vaporizers, electronic nicotine delivery systems (ENDS). In this Safety Advisory, the FMCSA states:
The Federal Hazardous Materials Regulations (HMR) and Federal Motor Carrier Safety Regulations (FMCSR) do not specifically address the potential safety risks posed by battery-powered portable electronic smoking devices. However, motor carriers and drivers should be cognizant of the risks associated with these devices and exercise good judgment and appropriate discretion in their possession, storage, charging or use on, around or while operating a CMV, and adhere to the smoking prohibitions on, near or when loading and unloading a motor vehicle transporting hazardous materials in accordance with 49 CFR 177.834(c) and 397.13.
177.834 General requirements.
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(c) No smoking while loading or unloading. Smoking on or about any motor vehicle while loading or unloading any Class 1 (explosive), Class 3 (flammable liquid), Class 4 (flammable solid), Class 5 (oxidizing), or Division 2.1 (flammable gas) materials is forbidden.
Does your facility PROHIBIT the use of these devices by the HAZMAT Attendant (or anyone in the area of transferring flammables for that matter) while loading/unloading any Class 1 (explosive), Class 3 (flammable liquid), Class 4 (flammable solid), Class 5 (oxidizing), or Division 2.1 (flammable gas)?
Essential, the FMCSA is telling us to treat these electronic devices as “ignition sources”, but has industry taken this advice?
Earlier this year I wrote about the “Fitness Bands” craze and their use in HAZLOCs (Part 1 and Part 2) and now we have come to the same concern over these e-cigs. These e-cig devices will fall into the same category as the fitness bands… NOT REQUIRED to perform intended functions! No way in heck I would ever allow these devices to be used in any HAZLOC, but I may be in the minority as we have seen it several times, both in public forums and within process plants.
Keep your eyes peeled for their use in unsafe locations and make sure your employees AND contractors know your rules regarding these ignition sources.