Government faults oversight for labs testing explosives

WASHINGTON -- The federal agency that regulates the transport of hazardous materials failed for at least a decade to inspect or conduct safety reviews of the four private laboratories it pays to test explosives, a government watchdog has found.

The Transportation Department's inspector general said in a memo released Thursday that an investigation has found problems with the Pipeline and Hazardous Materials Safety Administration's safety oversight that require "immediate attention."

Explosive substances or articles must be tested before they can receive federal approval for transport. The testing determines how the products will be classified and thus what safety regulations will apply.

Two of the four labs hired by the agency to tests explosives were subcontracting the testing without the agency's knowledge to unauthorized labs, the memo said. The subcontractor labs are owned by companies that also manufacture explosives, creating a conflict of interest, the memo said.

All the labs were unable to locate at least some of the annual reports they were required to provide the agency on their activities, and one lab was unable to provide any annual reports for the last five years, the memo said.

The agency's "lack of oversight of its testing labs' operations puts the integrity of the explosives classification program at risk," the memo said.

Patricia Klinger, a spokeswoman for the agency, said agency officials have been working with the inspector general's office to address the problems identified in the memo.

"We do take our job very seriously and we have taken action on all the concerns that have been raised," Klinger said.

The memo notes that the agency has inspected three of the four labs over the last month. Those inspections found even more problems. For example, it turned out one of the labs had been sold but had not informed the agency of the change in ownership or sought new approval to conduct testing on behalf of the agency.

As a result, the memo said, the agency has revoked the lab's authorization to test explosives.

The House Transportation and Infrastructure Committee, which has been conducting its own investigation of the agency, said last fall that agency officials have for years waived rules for industry because of cozy relationships with lobbyists.

"It appears that complacency and neglect continue to permeate (the agency's) culture, and it has lost sight of its most important mission -- safety," Rep. James Oberstar, D-Minn., chairman of the transportation committee, said in a statement.

The committee has scheduled a hearing later this month on the agency's safety oversight.