SUB-COMMITTEE ON DANGEROUS GOODS, SOLID CARGOES AND CONTAINERS 18th session Agenda item 7 DSC 18/7/4 1 July 2013 Original: English DEVELOPMENT OF AMENDMENTS TO THE IMDG CODE AND ITS SUPPLEMENTS, INCLUDING HARMONIZATION WITH THE UNITED NATIONS RECOMMENDATIONS ON THE TRANSPORT OF DANGEROUS GOODS Incorrect or Non-Declaration of Dangerous Goods: Introduction of the Functions of a Safety Advisor Submitted by Germany SUMMARY Synopsis: In order to address the issue of incorrect or non-declaration of dangerous goods, consideration should be given to introducing the role of a safety advisor in the IMDG Code to enhance compliance with existing standards. Strategic Principles: 5.2 High-Level Measures: 5.2.3 Expected Outcomes: 5.2.3.4 Measures to be Taken: See paragraph 9. Related Documents: DSC 17/3/13, DSC 17/17, and DSC 18/7/1. Introduction
- The DSC Subcommittee examined, during its 17th session, the issue of incorrect or non-declaration of dangerous goods. Document DSC 17/3/13 (IACS and BIMCO) highlights the dangers posed by lack of information or incorrect information about dangerous goods.
- The Subcommittee acknowledged the problem and referred the matter to the Group of Technical Supervisors and Drafters to continue examining it. The Group of Technical Supervisors and Drafters reviewed the proposed measures in document DSC 17/3/13 at its 18th session and agreed that legal and practical obstacles prevent the introduction of some of the proposed measures, while other aspects are already covered by the introduction of rules governing the notification of violations under section 1.1.1.8 of the IMDG Code. Additionally, note was taken that the relevant circular on the inspection procedure (MSC.1/Circ. 1442) covered the aspect of incorrect declaration of dangerous goods, which has recently been revised.
- Germany agrees with the concern expressed in document DSC 17/3/13 that incorrect or non-declaration of dangerous goods can pose significant risks to safety. Proper classification of dangerous goods is the basis for identifying and complying with appropriate transport conditions. A high level of knowledge and training of the parties involved in the process, including those preparing shipments for transport, is necessary for the proper application of dangerous goods rules. Therefore, Chapter 1.3 of the IMDG Code regulates the training of shore-based personnel responsible for preparing shipments for maritime transport. Proposal
- Compliance with existing provisions on dangerous goods could be improved by introducing the role of a safety advisor. Any company engaged in maritime shipping, or the packaging/packaging, loading or unloading of dangerous goods, should appoint a safety advisor for the transport of dangerous goods, responsible for assisting in preventing potential risks arising from such activities to persons, property, and the environment.
- The function of the safety advisor has been included in land transport regulations in Europe for many years and has been further refined based on positive experience gained. Specifically, the safety advisor is responsible for:
- monitoring compliance with dangerous goods transport provisions;
- advising the company on activities related to dangerous goods transport; and
- preparing an annual report for the company’s management or relevant local public authority on the company’s activities. In addition, the safety advisor is specifically responsible for reviewing the procedures used by the company for the transport of dangerous goods, as well as procedures to ensure compliance with provisions regarding the identification of transported dangerous goods.
- Provisions regarding the safety advisor for the transport of dangerous goods applicable to land transport in Europe include, specifically, the following elements:
- companies are required to appoint a safety advisor, including relevant exemptions from this obligation (e.g., based on the quantity of dangerous goods transported), for the transport of dangerous goods subject to exemptions for companies whose main activity is not the transport of dangerous goods, or based on the level of involvement (e.g., only consignees of dangerous goods);
- safety advisor responsibilities (see above);
- rules on who can assume this function: it can be the head of the company, a person with other functions in the company, or a person not directly employed by the company; and
- training requirements, including the content of such training, examination requirements, and examination certificate.
- Applicable provisions for land transport in Europe are detailed, for information purposes, in the annex to this document.
- Germany believes that introducing the concept of a safety advisor can improve compliance with provisions. Companies engaged in transportation would be required to have the necessary knowledge or seek advice to establish procedures ensuring that transport operations comply with regulations. Oversight of relevant procedures in the company is centralized and delegated to a single person. Training requirements ensure that these responsibilities are carried out by a competent person. The option to hire an external safety advisor prevents the company in question from being burdened with an inappropriate economic burden. In this way, companies engaged in small-scale transportation of dangerous goods can use external consultants more specifically, assuming only the corresponding expenses for the work performed. Measures for Adoption by the Subcommittee
- The Subcommittee is invited to consider whether the concept of a safety advisor should also apply to the transport of dangerous goods in packages on ships engaged in maritime navigation and, if so, what elements of the possible provisions of the IMDG Code should be included.
DSC 18/7/4 Annex, page 1 I:\DSC\18\7-4.doc ANNEX PROVISIONS APPLICABLE TO ROAD TRANSPORT IN EUROPE EXTRACT FROM ADR 2013 1.8.3 Safety Advisor 1.8.3.1 Any company whose activities involve the road transport of dangerous goods, or operations related to packaging, loading, filling, or unloading related to these transports, shall designate one or more safety advisors, hereinafter referred to as «advisors,» for the transport of dangerous goods, responsible for assisting in the prevention of risks to persons, property, or the environment inherent in these activities. 1.8.3.2 The competent authorities of the Contracting Parties may provide that the provisions do not apply to companies: a) whose activities affect limited quantities, for each transport unit, located without reaching the thresholds mentioned in sections 1.1.3.6 and 1.7.1.4 and in chapters 3.3, 3.4, and 3.5; or b) that do not carry out, as a main or ancillary activity, the transport of dangerous goods or loading or unloading operations related to these transports, but occasionally carry out national transports of dangerous goods or loading or unloading operations related to these transports, presenting a minimal degree of danger or contamination. 1.8.3.3 Under the responsibility of the company’s manager, the advisor’s essential mission is to investigate any means and promote any action, within the limits of activities related to the company, to facilitate the execution of these activities while respecting the applicable provisions and under optimal safety conditions. Their functions, adapted to the company’s activities, shall be as follows:
- ensure compliance with provisions regarding the transport of dangerous goods;
- advise the company on operations related to the transport of dangerous goods;
- prepare an annual report for the company’s management or, if applicable, for the local public authority, on the company’s activities related to the transport of dangerous goods. The report must be kept for 5 years and made available to national authorities, if requested; DSC 18/7/4 Annex, page 2 I:\DSC\18\7-4.doc The advisor’s functions shall also include, in particular, the examination of the following practices and procedures related to the activities involved:
- procedures aimed at complying with rules on the identification of transported dangerous goods;
- the company’s procedures for assessing specific needs related to dangerous goods when acquiring transportation means;
- procedures to verify the equipment used for the transport of dangerous goods or for loading or unloading operations;
- ensuring that the company’s affected employees have received appropriate training and that this training is indicated in their records;
- implementation of appropriate emergency procedures in case of accidents or incidents that may affect safety during the transport of dangerous goods or during loading or unloading operations;
- conducting analyses and, if necessary, preparing reports on accidents, incidents, or serious violations observed during the transport of dangerous goods or during loading or unloading operations;
- implementation of appropriate measures to prevent the recurrence of accidents, incidents, or serious violations;
- compliance with legal provisions and consideration of specific needs related to the transport of dangerous goods regarding the selection and use of subcontractors or third-party participants;
- ensuring that personnel responsible for transporting dangerous goods or for their loading or unloading have detailed execution procedures and instructions;
- conducting awareness-raising actions regarding risks related to the transport of dangerous goods or the loading or unloading of such goods;
- implementation of verification procedures to ensure the presence, on board transportation means, of the documents and safety equipment required for transports, and the compliance of these documents and equipment with regulations;
- implementation of verification procedures to ensure compliance with rules regarding loading and unloading operations;
- the existence of the protection plan provided in 1.10.3.2. DSC 18/7/4 Annex, page 3 I:\DSC\18\7-4.doc 1.8.3.4 The advisor’s function may be performed by the company’s manager, by a person holding other functions in the company, or by a person not belonging to the company, provided that the individual is effectively qualified to fulfill their advisor duties. 1.8.3.5 Any affected company shall communicate, if requested, the identity of its advisor to the competent authority or the entity designated for this purpose by each Contracting Party. 1.8.3.6 When an accident occurs affecting persons, property, or the environment during a transport or loading or unloading operation carried out by the affected company, the advisor shall prepare an accident report for the company’s management or, when applicable, for a local public authority, after collecting all useful data for this purpose. This report shall not replace reports drafted by the company’s management required by any other international or national legislation. 1.8.3.7 The advisor must hold a valid professional training certificate for road transport. This certificate shall be issued by the competent authority or the entity designated for this purpose by each Contracting Party. 1.8.3.8 To obtain the certificate, the candidate must receive training endorsed by passing an examination approved by the competent authority of the Contracting Party. 1.8.3.9 The training shall aim primarily to provide the candidate with sufficient knowledge about the risks inherent in the transport of dangerous goods, sufficient knowledge of legislative, regulatory, and administrative provisions, as well as sufficient knowledge of the functions defined in section 1.8.3.3. 1.8.3.10 The examination shall be organized by the competent authority or by an examining body designated by it. The examining body must not provide training services. The designation of the examining body shall be made in writing. This approval may have a limited duration and shall be based on the following criteria:
- competence of the examining body;
- specifications of the examination modalities proposed by the examining body;
- measures to ensure the impartiality of examinations;
- independence of the body in relation to any natural or legal person contracting advisors. DSC 18/7/4 Annex, page 4 I:\DSC\18\7-4.doc 1.8.3.11 The examination shall aim to verify whether candidates possess the necessary level of knowledge to perform the safety advisor duties provided for in section 1.8.3.3, to obtain the certificate provided for in section 1.8.3.7, and shall cover at least the following subjects: a) knowledge of the types of consequences that an accident involving dangerous goods may entail and knowledge of the main causes of accidents; b) provisions from national legislation, international conventions, and agreements, especially concerning:
- classification of dangerous goods (classification procedure for solutions and mixtures, structure of the list of substances, classes of dangerous goods and principles of their classification, nature of the dangerous goods transported, physical-chemical and toxicological properties of dangerous goods);
- general provisions for packaging, tanks, and tank containers (types, coding, marking, construction, initial and periodic testing and inspections);
- marking, labeling, provision of indications, and orange panels (marking and labeling of packages, affixing and removal of labels and orange panels);
- mentions on the consignment note (required indications);
- mode of shipment, dispatch restrictions (full load, bulk transport, transport in large containers for bulk cargo, container transport, transport in fixed or demountable tanks);
- passenger transport;
- loading and stowage prohibitions and precautions;
- separation of goods;
- limitation of quantities transported and exempted quantities;
- handling and stowage (loading and unloading – filling index; stowage and separation);
- cleaning and/or degassing before loading and after unloading;
- personnel and professional training; DSC 18/7/4 Annex, page 5 I:\DSC\18\7-4.doc
- on-board documents (consignment note, written instructions, vehicle approval certificate, driver training certificate, copy of any derogation, other documents);
- written instructions (application of instructions and personal protective equipment);
- surveillance obligations (parking);
- traffic rules and restrictions;
- operational waste or accidental releases of contaminating substances;
- provisions relating to transport equipment. 1.8.3.12 Examination 1.8.3.12.1 The examination shall consist of a written test that may be supplemented by an oral examination. 1.8.3.12.2 Only documentation on national or international standards shall be allowed for the written test. 1.8.3.12.3 Electronic devices may only be used if provided by the examining body. The candidate shall not be allowed to enter additional data into the electronic device provided; they may only respond to the questions presented to them. 1.8.3.12.4 The written test shall have two parts: a) A questionnaire shall be given to the candidate. It shall consist of at least 20 open questions referring to the subjects listed in section 1.8.3.11. However, multiple-choice questions may also be used. In this case, two multiple-choice questions shall equate to one open question. Among these subjects, particular attention shall be paid to the following topics:
- general prevention and safety measures;
- classification of dangerous goods;
- general packaging provisions, including tanks, tank containers, tank vehicles, etc.;
- hazard markings and labels;
- mentions on the consignment note;
- handling and stowage;
- professional training of personnel; DSC 18/7/4 Annex, page 6 I:\DSC\18\7-4.doc
- on-board documents and transport certificates;
- written instructions;
- provisions relating to transport equipment; b) Candidates shall complete a practical exercise related to the advisor’s functions indicated in section 1.8.3.3 to demonstrate that they possess the required qualities to exercise the advisor function. 1.8.3.13 Contracting Parties may require candidates intending to work for companies specialized in the transport of certain types of dangerous goods to be examined only on subjects related to their activity. These types of goods are:
- class 1;
- class 2;
- class 7;
- classes 3, 4.1, 4.2, 4.3, 5.1, 5.2, 6.1, 6.2, 8, and 9;
- UN Nos. 1202, 1203, 1223, 3475, and aviation fuel classified under UN No. 1268 or 1863. The certificate provided for in section 1.8.3.7 shall clearly indicate that it is only valid for the types of dangerous goods indicated in this subsection and on which the advisor has been examined, under the conditions defined in section 1.8.3.12. Certificates of training for safety advisors issued before January 1, 2009, for UN Nos. 1202, 1203, and 1223, are also valid for UN Nos. 3475 and aviation fuel classified under UN Nos. 1268 or 1863. 1.8.3.14 The competent authority or examining body shall gradually compile a collection of questions that have been included in the examination. 1.8.3.15 The certificate provided for in section 1.8.3.7 shall be made according to the model in section 1.8.3.18 and shall be recognized by all Contracting Parties. 1.8.3.16 Validity and renewal of the certificate 1.8.3.16.1 The certificate shall be valid for a period of five years. The validity of the certificate shall be automatically renewed for periods of five years if the holder has passed a control test during the last preceding year before the expiration of their certificate. The control test must be approved by the competent authority. DSC 18/7/4 Annex, page 7 I:\DSC\18\7-4.doc 1.8.3.16.2 The control test shall aim to verify whether the holder possesses the necessary knowledge to perform the tasks provided for in 1.8.3.3. The necessary knowledge shall be defined in 1.8.3.11 b) and must include amendments to legislation since the last certificate was obtained. The control test shall be organized and supervised according to the criteria in 1.8.3.10 and 1.8.3.12 to 1.8.3.14. However, it is not necessary for the holder to complete the practical case study specified in 1.8.3.12.4 b). 1.8.3.17 (Deleted). 1.8.3.18 Certificate model CE Certificate of training for safety advisors for the transport of dangerous goods Certificate No.: ………………………………….. Distinctive sign of the Member State issuing the certificate: …………………….. Last Name: ……………………………………………………….. First Name(s): ………………………………………………………… Date and Place of Birth: ………………………………………………. Nationality: ………………………………………………………………….. Holder’s Signature: ……………………………………………………. Valid until (date): …………………………………………………………….. for companies transporting dangerous goods, as well as for companies performing loading or unloading operations related to transport/s and specialty/ies: by road by rail by inland waterway Issued by: Date: ……………………………….. Renewed until: …………………… Date: ……………………………….. Signature: ……………………………………… By: ……………………………………… Signature: ………………………………………