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These Regulations impose requirements and prohibitions in relation to the carriage of dangerous goods by road and by rail and, in so far as they relate to safety advisers, by inland waterway.
ADR sets out the requirements for classifying, packaging, labelling and certifying dangerous goods. These requirements are set out in Annex A to ADR. Vehicles carrying dangerous goods must comply with the provisions of Annex B to ADR, which includes vehicle and tank specifications and other operational requirements.
Appoint a “Dangerous Goods Safety Adviser (DGSA)”; Chapter 22.214.171.124 describes its responsibilities (the ADR requirements for appointing a DGSA are enforced under the Health and Safety at Work Act 1974). The drivers of all vehicles (including those with a gross vehicle weight of 3.5 tonnes or less) carrying dangerous goods must have an ADR training certificate.
Vehicles used to transport dangerous or hazardous goods must undergo annual checks to certify that they are roadworthy. This is known informally as an ‘ADR test’. It ensures that vehicles comply with Part 9 of the European Agreement concerning the ADR.
Vehicle requirements vary according to the nature of the goods being carried. Before an ADR vehicle inspection is carried out, fixed tanks, demountable tanks, vehicles carrying batteries of receptacles and tank containers must be examined and tested by an inspection body approved by the Department for Transport (DfT). To get the appropriate certificates, your tank equipment will have to meet certain design, construction and equipment standards.
If you intend to carry explosives or dangerous goods in tanks by road to or through countries which apply the European Agreement concerning the ADR, you may need to obtain a certificate under Annex B of ADR. The transport unit must be equipped with a fire extinguisher (see guidance note for more detail).
The company must identify the person with overall responsibility and accountability for ensuring the security requirements are met; undertake a risk assessment; define and implement a security plan; have written assurances in the contractor/subcontractor selection process, ensure the contractor has a transport security plan, that they check the driver identity (photo document).
Temporary storage areas must be secured (physical barriers, security equipment, procedures and staff vigilance). Sites receiving or despatching dangerous goods should have suitable measures in place for checking compliance before allowing entry to premises. All businesses and organisations are required to provide security awareness training for everyone engaged in the carriage of dangerous goods. Update staff on security issues every 2 years. Refresher training should be provided at intervals of no more than 5 years.
The training programme should remind operators when refresher training is due and the records can be kept electronically or in hard copy. New employees or contractors must be provided with such training at the induction. This should include what to do if the threat level changes. DfT have confirmed that training records must be retained in a secure location for a minimum of four years from the date of the training. The consignor of a vehicle carrying dangerous goods must provide the driver with details of the hazards associated with their dangerous goods loads and instructions on emergency action to take if an accident occurs: before a journey commences, the driver/haulier must provide the instructions in writing (rather than the consignor); the instructions must be in a language(s) that every member of the vehicle’s driver/crew understand; one set of instructions - based on a 4 page model - covers all dangerous goods rather than specific products.
When transporting dangerous goods internationally under the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR), you must ensure your consignments are always accompanied by a transport document. This sets out detailed information on the load being carried, including full classification of the substance(s) carried and how it’s packaged. You must present the required information in a certain order and follow certain rules on language.
In addition to documents required under other regulations, under ADR you must ensure that the following documents are carried on the transport unit: transport document(s) containing prescribed information for each dangerous substance, material or article being carried; emergency instructions in writing, means of identification, including a photograph for each member of the vehicle crew.
Packaging has to be designed and constructed to UN specification standards and must pass practical transport related tests. It must also meet the needs of the substance it is to contain. Packaging must be certified by a national competent authority. UN approved packaging is marked with the prefix ‘UN’ and followed by codes that are listed in the relevant regulations relating to the national and international carriage of dangerous goods by road, rail, air and sea.
Packaging must also bear the correct label(s) and markings appropriate for the substance and package. For packaging purposes, most substances are assigned to Packing Groups based on the degree of danger they pose: Packing Group I (which carries the code X in the certification mark) is for goods presenting high danger, Packing Group II (code Y) is for medium danger and Packing Group III (code Z) is for low danger.
The approval mark is valid indefinitely subject to payment of annual fees and validation of the latest produced packaging to the design type at a maximum of five year intervals. The supplier of the packaging must by law provide a copy of the test report, which should show what it has been tested with and clear written instructions about the use and limitations of the packaging. You can find a database of approved dangerous goods packaging on the VCA website.
Carriage of Dangerous Goods: Approved Derogations and Transitional Provisions 2012
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