Countertalk: Knowledge Building – Transportation of Dangerous Goods

Jobbers and counterpeople are often faced with the simple fact that not all the products they sell and deliver are completely inert. Some, like chemicals, batteries, paints, and others, are subject to particular restrictions on their sale and transport.

Delivery drivers are likely familiar with the Transportation of Dangerous Goods (TDG) exemption permits that may be folded up into a small square in the cab somewhere, or remain as a tattered reminder on a window. It is likely, also, that it has been almost forgotten, both in terms of where it is and what it means. It is even possible that you are tired of thinking about it. It probably seems all so distant and irrelevant in the face of the daily shipping of parts to your customers.

It is time to take a new approach.

In the past few months, several jobbers have been threatened with closure and at least one has actually been closed by Transport Canada after inspectors discovered violations of the new regulations. Unprepared delivery staff who have been caught unawares and have not been able to answer the most rudimentary questions about the new requirements were the first clue to inspectors of a problem–a lack of training in TDG regulations.

To a point, this is understandable. Old permits and exemptions became commonplace among Canadian aftermarket companies in years past, to the point where they were hardly thought about.

This is all changing now, with new initiatives by Transport Canada. These new regulations require not only the posting of the permits, but also the training of all personnel involved in the handling and transportation of these goods.

The Automotive Industries Association, which has a comprehensive TDG training guide, is your prime resource for this.

As of August 15, 2002, the new Transportation of Dangerous Goods Clear Language Amendments came into force. In summary, the new Clear Language regulations have been re-organized and revised with the aim of providing more clarity to facilitate compliance. The requirements remain very complex, and a number have changed, so you should take steps to ensure you remain in full compliance. The onus for this is on the store owner or manager, but it is the delivery driver or counterperson who will bear the brunt of the unpleasant conversation with the Transport Canada inspector, so you should urge your employer to ensure that everyone is properly trained.

Technically speaking, what now constitutes “adequate training” under the new regulations has changed and includes knowledge of shipping names, the use of Schedules 1 and 3, and emergency response plan requirements in Part 7. Also the TDG Training Certificate now must be signed by the employee and the employer and must contain additional information such as the name and address of the place of business of the employer, the expiry date, and more.

There are still some clarifications on the regulations being worked through, but one of the major changes is regarding the transport of automotive batteries. Prior to the new TDG amendments, jobbers were able to ship batteries that ranged in weight from 20kg to 60kg within the confines of AIA’s Safety Permit. Under the new regulations, members of the association must meet all of the paperwork, placard, and other requirements.

Despite the new “Clear Language” aspect of the TDG regulations, it can still be difficult to navigate real-world requirements on your own. Discuss the issue with your employer and distribution group and, of course, the AIA office in Ottawa to get a clearer understanding of what the changes are, but do not delay.

Based on recent events, it would appear that Transport Canada inspectors are currently targeting jobbers and their delivery vehicles and have been uncovering violations. Don’t let yourself or your delivery drivers be caught off guard.

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Automotive Industries Association of Canada’s (AIA) members have enjoyed certain privileges regarding the Transportation of Dangerous Goods in the past, but the AIA Permit for Equivalent Level of Safety SH 0791 is no longer required as of August 15, 2002. However, to transport consumer commodities you need a new permit. The AIA faxed a copy of Permit for Equivalent Level of Safety SU6259 to members the week of August 12, 2002. If you did not receive a copy, please contact the AIA.

The association has also asked Transport Canada for an immediate review of the 30kg container limitation in light of the realities that AIA members deal with on a daily basis. Association members do have the added benefit of having the permit to transport consumer commodities extended to December 31, 2003. AIA faxed the extended expiry date version of Permit for Equivalent Level of Safety SU6259 to members in mid-November 2002.

Contact the AIA at (613) 728-5821 or fax (613) 728-6021 if you did not receive any of these communications or have other questions.

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HIGHLIGHTS OF THE REGULATIONS

New definitions were added, and others were revised, to ensure someone in Canada is responsible for compliance with the regulations. For example, “Shipper” now becomes “Consignor,” the person in Canada who becomes responsible. There are new definitions such as “offer for transport”; “certification safety marks”, and “dangerous goods safety marks”, all intended to provide more clarity in the new regulations. So under the new regulations, a person may be both a consignor and a carrier of the same consignment; for example, a manufacturer of aftermarket products who also transports them. You will want to ensure that your current procedures are aligned with the new requirements.

CLASSIFICATION, DOCUMENTATION, AND SAFETY MARKS

Part 2 in the new regulations deals with Classification. For those who have classification responsibilities, the concept has not been altered, but there have been some minor changes to the requirements, as a result of updating to the latest version of a United Nations agreement on requirements. These changes attribute a “UN” number to each class of product. The impact of these changes will depend upon the dangerous goods you ship, so check this part of the new regulations to see if you are affected.

Although the concept of a Shipping Document has not changed, the new regulations in Part 3 encourage the use of electronic documentation. A consignor may send an electronic copy of the shipping document to all carriers involved as long as each person can produce a paper copy of the shipping document, and if each party involved in the transaction agrees.

The need for safety marks has not changed in the new regulations. Part 4 provides new specifications regarding the display of UN numbers, and increases the display of UN numbers with labels and placards.

NEW PACKAGING REQUIREMENTS

Two of the significant changes regarding packaging or “means of containment” can be found in Part 5 of the new regulations. As of January 1, 2003, it will become mandatory to use UN performance packaging for small means of containment. Most packages meet UN performance standards, but distributors and jobbers should verify this for the containers they purchase or reship. Also, “means of containment” must be compliant with technical container standards or be “in standard” all the time, not just at the time of testing as in the previous regulations.

TRAINING REQUIREMENTS

There have been a number of important changes to training requirements that are now specified in Part 6 of the new regulations. The onus for training employees still lies squarely on the shoulders of the employer, and TDG inspectors regularly verify that the employer has carried out adequate training.

Adequate training includes knowledge of shipping names, the use of Schedules 1 and 3, and emergency response plan requirements in Part 7. Also, the TDG Training Certificate now must be signed by the employee and the employer and must contain the additional information such as the name and address of the place of business of the employer, the expiry date, and more.

There are a number of other changes, which can be perused at your leisu
re by visiting Transport Canada locations on the web at www.tc.gc.ca/TDG/menu.htm.