Commercial Fixed Wing
Flight Crew Air Transport Pilot (ATP)
Confusion; Workload; Training / Qualification; Troubleshooting
Deviation / Discrepancy - Procedural Published Material / Policy
Flight Crew Became Reoriented; Flight Crew Took Evasive Action; General Work Refused
Company Policy; Human Factors; Procedure
A Ramp Agent expressed concern that HAZMAT was loaded on the aircraft. I went and looked at the 1;000 pound shipment (approximately 10 boxes) and they each had a red hatched caution sticker with the flammability symbol stating 'lithium ion battery; do not load or transport package if damaged.' Based on FOM (Flight Operations Manual) guidance regarding transportation of lithium batteries I refused to transport the shipment and instructed it be removed from the aircraft. FOM guidance is specific regarding lithium batteries and provides no means to accept them as a commercial freight shipment. No Notice to Crew was provided and no manifest indicating number or weight of the batteries. The sticker was not a Department of Transportation HAZMAT sticker but was of European origin; based on the sticker manufacturer information. The Cargo Supervisor and another individual stated several times this is not HAZMAT and they ship boxes with this sticker routinely. Additionally they stated that they had opened two of the boxes and they contained computer parts and small lithium batteries. Again; based on FOM guidance regarding transportation of lithium batteries; I refused to carry the shipment. Unknown quantity; size; weight of batteries coupled with no authority to carry a commercial freight shipment labeled in this fashion and guidance from the FOM that does not provide relief for this. I believe this shipment was at best mislabeled or misrepresented and at worst was actually hazardous material and not in line with Company HAZMAT policy.My greatest concern was the statement by the station Cargo Supervisor that in spite of the sticker on each box; 'this is not hazmat; and we carry this stuff all the time.' Company HAZMAT policy and training have gone to great lengths to stress the dangers of lithium ion batteries and their fire potential. A sobering read of an NTSB investigation informs us with tragically earned knowledge that the survivability of a cargo bay fire is limited to 'minutes'. It was not a Department of Transportation sticker; but raised sufficient concern that I was unwilling to transport the freight. If this is in fact a regular practice at ZZZ; these non-standard stickers need to be addressed by Company and FOM guidance updated. The importance of addressing this issue at the level of Company Cargo personnel is highlighted by the fact that if one keen eyed Ramp Agent had not been on his game; no one (including myself) would have known.
The reporter stated Company information given to him after the fact indicated the shipment he had removed from the aircraft was in fact acceptable per Company standards. The 'HAZMAT' stickers are specific to the equipment/batteries in a shipment. However; when he and his Chief Pilot surveyed a group of pilots no one knew their significance and all would have had them removed. The 'U.S. Department of Transportation New Lithium Battery Rules' describe what package contents; how many batteries; the label requirement; and what is allowed or prohibited from passenger aircraft transport. The issue is pilots have no access to the inclusion/exclusion list and therefore must rely on company shipping personnel who also are not required to provide a Notice to Crew hazmat document. The reporter identified a hole in his company's hazmat communications which left pilots out of the knowledge and safety loop.
Air carrier Captain reported refusing a HAZMAT shipment marked with red caution stickers stating 'Lithium ion battery; do not load or transport package if damaged.' The Captain was later informed the shipment was acceptable per Department of Transportation standards because its contents met the acceptable package type; number of batteries; and labeling requirements.