FAA Proposes $71,500 Civil Penalty Against Sherwin-Williams Co. for Alleged Hazardous Materials Violations

Wednesday, June 17, 2015

WASHINGTON -- The U.S. Department of Transportation’s Federal Aviation Administration (FAA) proposes a $71,500 civil penalty against Sherwin-Williams Co., of Cleveland, Ohio, for allegedly violating Hazardous Material Transportation Regulations.

The FAA alleges that on Oct. 15 and Oct. 20, 2014, Sherwin-Williams knowingly offered undeclared hazardous material shipments for transport aboard FedEx Corp. flights.

Each shipment contained two gallons of Polane HP Primer, two gallons of 3.5 VOC Epoxy Primer, two quarts of Catalyst for 3.5 Epoxy Primer, and two gallons of Polane G Plus Silver, which are classified as paint or paint?related hazardous materials. The Catalyst for 3.5 Epoxy Primer also is flammable and corrosive.

Employees at the Indianapolis sorting center discovered one of the shipments was leaking.

The FAA alleges that the shipments were not accompanied by shipping papers describing the type or quantity of the hazardous materials and were not marked, labeled or packaged in accordance with the Hazardous Materials Regulations. Additionally, the FAA alleges the contents exceeded the allowable quantity for air transportation and that Sherwin-Williams failed to ensure the employees who processed them had received required hazardous materials training.

The FAA further alleges that the shipment that leaked was not packaged to prevent the release of hazardous materials to the environment under normal transportation conditions.

The company has 30 days from receipt of the FAA’s enforcement letter to respond to the agency.