www.truckandtrack.com Autumn 2022 Truck and Track 61 DANGEROUS GOODS As always, there are plenty of amendments for 2023 and it is imperative for all those who are involved in the shipping and transport of DG to have access to the current editions. After all, the person that signs the DG forms is declaring that a consignment has been packed and prepared correctly in compliance with the current regulations. ANew Legal Requirement – Does it affect you? Consignors of Dangerous Goods must appoint a DGSA by 31st December 2022 The main legal change that will probably have the greatest impact, especially for consignor-only companies of DG by road or rail, has been in the pipeline for some time. It concerns the requirement in the UK for consignors to appointment a Dangerous Goods Safety Adviser (DGSA). Under the CDG regulations, companies that pack, fill, load/unload or transport dangerous goods have long been obliged to appoint a DGSA. This requirement now extends to consignors, who must have a DGSA in place by end of 2022. ADR 2021, 1.6.1.44 states that: “Undertakings which participate in the carriage of dangerous goods only as consignors and which did not have to appoint a safety adviser..…shall..…appoint a safety adviser no later than 31st December 2022”. What is a Consignor? According to the Department for Transport (DfT), “A consignor undertakes the activities that prepares a DG consignment for carriage, i.e. they ensure that the consignment meets the requirements of the DG regulations before it is transported.” These responsibilities may typically involve some, or all, of these activities: ■ Classifying, marking or packing ■ Providing the carrier with the correct information, including the transport documents It is possible for a consignor to be a solely office-based operation if it is their responsibility to ensure compliance, even if they are not actually involved with the packing, filling or loading. What is a DGSA? TheDGSAqualification iscertified inUKbyScottishQualifications Authority (SQA) and, to obtain the accreditation, successful candidates must take and pass an exam to demonstrate their knowledge and understanding of the appropriate regulations. For road transport in Great Britain, the regulations are covered under ADR plus a plethora of variations and derogations which are in the Carriage of Dangerous Goods (CDG) Regulations – Northern Ireland has similar variations in separate legislation. Most candidates undertake a 5-day training course in the week leading up to the specified exam date. However, the exams are, by necessity, challenging and, on average, only 56% of candidates pass the Road exam and <60% pass the “All Classes” exam (figures from SQA). So, it is not always straightforward to appoint a DGSA from within an organisation. For many organisations, the best, and usually the more cost-effective solution, is to appoint an independent DGSA consultant. Labeline offers a DGSA consultancy service to meet this new requirement Our consultant DGSA’s are all experienced and knowledgeable professionals. They operate from locations around the country, which means that we can offer a bespoke local service that can be tailored to meet our customers’ requirements. Usually, our DGSA site visits are combined with DG awareness training for staff, as prescribed in Chapter 1.3 of ADR (and in the other multimodal regulations). If, on the other hand, you would like to have one of your staff trained to be a DGSA, Labeline offers courses in advance of the exams, which are set quarterly. For the latest edition of ADR and more information on this provision, go to www.labeline.com. The duties of a DGSA are listed in ADR 1.8.3.3: ✓ Monitoring compliance; ✓ Advising the undertaking on the carriage of dangerous goods; ✓ Preparing an annual report to the management which shall be made available to the national authorities; The adviser’s duties also include monitoring the following practices and procedures relating to dangerous goods: ✓ procedures for compliance; ✓ taking into account any special requirements in connection with transport; ✓ procedures for checking the equipment used in connection with the carriage, loading or unloading; ✓ proper training of employees, including on the changes to the regulations, and the maintenance of records; ✓ implementing proper emergency procedures; ✓ investigating and reporting on serious accidents, incidents or serious infringements recorded during the carriage, loading or unloading; ✓ implementing appropriate measures to avoid the recurrence of accidents, incidents or serious infringements; ✓ taking account of the legal prescriptions and special requirements in the choice and use of sub-contractors or third parties; ✓ verifying that employees involved in carriage, loading or unloading have detailed operational procedures and instructions; ✓ ensuring that there are measures to increase awareness of the risks involved; Keith Kingham, Managing Director of Labeline International
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