I feel great pleasure to give the credit of my term paper not only to one individual but to all those persons who are related or concerned with it. I want to owe my thanks to all those individuals who guided me to move on the track.
This report entitled "DANGEROUS GOODS" are critically analysed with evidences.
I sincerely express my gratitude and lot of thanks to Mr. M.K. Sharma, Lecturer of INTERNATIONAL BUSINES for his sagacious guidance in my Term paper and giving me ideas for accomplishment of this work and give opportunity to come in this shape.
I would like to express my deep sense of gratitude to staff of "LOVELY SCHOOL OF BUSINESS "who introduced me to the subject and under whose guidance I am able to understand the subject matter.
INTRODUCTION TO DANGEROUS GOODS
Dangerous goods are substances or articles that pose a risk to people, property or the environment, due to their chemical or physical properties. Dangerous goods (often called hazardous materials in the USA) may be pure chemicals, mixtures of substances, manufactured products or articles which can pose a risk to people, animals or the environment if not properly handled in use or in transport.
Dangerous in Use
Many products which we encounter on a daily basis can be hazardous to our health if we come into contact with them too often or for too long. The packaging of substances such as household cleaning fluids and gardening products will often carry what are known as Risk and Safety phrases together with one or more small square orange symbols which describe the nature of the hazard and the actions that should be taken if the substance is accidentally spilled or swallowed. The Chemicals (Hazard Information and Packaging for Supply) Regulations, known as CHIP, require suppliers to provide this information to their customers.
Symbols which might be applied to retail packaging are:
flammable symbol-2 SYMBOL-3 symbol-4 symbol-5 symbol-6
These symbols only relate to the hazards in use of the product and do not automatically mean that it is dangerous in transport. However, it must not be assumed that all substances which are packed in small or retail packaging are not subject to the transport regulations, since the classification criteria are different.
Dangerous in Transport
Substances and materials which are dangerous for transport range from those which present obvious risks, such as explosives and fuming acids, through to more frequently encountered products such as paints, solvents and pesticides.
The transport of dangerous goods is regulated in order to prevent, as far as possible, accidents involving people or property, damage to the environment, to the means of transport employed or to other goods being transported. Each mode of transport, (air, sea, road, rail and inland waterway) has its own regulations but they are now largely harmonized with the Model Regulations, published by United Nations Economic and Social Council's Committee of Experts on the Transport of Dangerous Goods.
The UN Model Regulations use a classification system in which each dangerous substance or article is assigned to a CLASS, depending on the nature of the danger it presents. There are 9 Classes, some of which are sub-divided.
DANGEROUS GOODS PACKAGING
The UN System
The United Nations have established a universal system for the classification, packaging, marking and labelling of dangerous goods to facilitate their safe transport. National and international regulations governing road, rail, sea and air transport are all based on the UN system. Due to the regulations, packaging must exceed minimum standards of performance, so it can be further authorised for the carriage of dangerous goods.
The competent authority of an approving country, usually the country in which the tests have been performed, can allocate a unique UN approval mark to each successfully tested packaging design-type and this may be applied to every serially produced packaging that conforms to the design-type specification.
In the UK, the competent authority is the Secretary of State for Transport. The VCA Dangerous Goods Office (DGO) operates the UN package certification scheme in accordance with the Arrangements for Performance Testing, Certification and Marking of Packagings for Dangerous Goods, on behalf of the Secretary of State.
Tests leading to the issue of a UN performance certificate and official GB mark. These are bodies that are accredited specifically for the purpose of UN package testing by the United Kingdom Accreditation Service (UKAS) in accordance with ISO 17025 and the UK Operational Instructions. Accreditation ensures that the test facilities, expertise, reporting and all matters affecting the quality of testing meet the standards required. Some authorised test stations operate commercially, accepting test work from all clients; the remainder are associated with packaging manufacturers or suppliers and will only test packaging they have produced themselves, or as a service to their customers. All of the test stations are independent of VCA and the Dangerous Goods Office itself does not test packaging.
For each package that has been successfully tested to the UN requirements, a test station may apply to the DGO for a design type approval certificate and GB mark. They may do this for themselves or on behalf of a client. The application will be accompanied by copy of the test report, which will be checked for technical accuracy and content. Periodically, DGO will also wish to see specimens of the tested packaging for quality assurance purposes. When all is satisfactory, a package performance certificate will be issued.
GB Certificates are subject to an annual renewal fee, payable by the certificate holder. Annual fees are invoiced in October each year and any certificate(s) for which a fee remains unpaid at 1 January the following year will be suspended. The UN marking allocated by virtue of a certificate is not authorised for use on any packaging which has been produced after the date of suspension. The details of all GB packaging approvals, together with their current status are published elsewhere on this website so that potential users can check the validity of any GB marked package they may be offered.The specification of each packaging design type which has been allocated a GB UN mark must be revalidated every 5 years for quality assurance purposes.
TRANSPORTATION OF DANGEROUS GOODS
Tanks and Transportable Pressure Equipment
In each country transporting dangerous goods, a 'Competent Authority' is responsible for implementing the regulations and Directives. In Great Britain, the provisions of ADR for Road transport and RID for Rail, are implemented by means of The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations SI 2009, No 1348 (CDG 2009). Separate regulations exist for Northern Ireland
The regulations require tanks and pressure receptacles which are used to transport dangerous goods to be tested, inspected and certified before they are first used, and periodically thereafter. They also specify that only bodies who have been be appointed by the competent authority shall undertake these tasks. In order to meet these requirements, the competent authority of Great Britain has set up an appointment scheme for conformity assessment bodies, which is operated by The VCA Dangerous Goods Office (VCA DGO). The scheme Sapplies to:
- all tanks built for domestic use before 10 May 2004 (OLD or GB tanks)
- all tanks built thereafter to the standards set down in RID/ADR
- all transportable pressure equipment
And to conformity assessment bodies performing the functions of:
- Verification and certification of the design and/or construction of tanks and transportable pressure equipment.
- Initial examination and testing of tanks and transportable pressure equipment or examination and testing following a repair or modification to the tank shell.
- Periodic examination and testing of tanks and transportable pressure equipment in accordance with the requirements in regulations or as appropriate RID and ADR Agreements.
- Examination and testing in accordance with the Transportable Pressure Equipment Directive
CUSTOM EXPORT PROCEDURE
The University of Alberta provides a central Customs service for all University faculties, departments and units. The Customs Division is responsible for establishing and maintaining the University of Alberta's Customs Compliance Plan in an effort to ensure all University export transactions are compliant with applicable Canadian legislation.
The role of the Customs Division in relation to exports is to provide advice and guidance to all individuals or departments shipping or carrying goods to locations outside of Canada.
- Ensure export permits for goods controlled or regulated by various Canadian government agencies are in the possession of the University of Alberta.
- Provide information and guidance to University faculties, departments and researchers regarding the documentary requirements necessary to ship goods out of Canada.
- Minimize and eliminate any potential areas of non-compliance and penalties within the Administrative Monetary Penalty System (AMPS) and other government agency regulations.
- Reduce and eliminate unnecessary re-import duties and taxes on goods temporarily shipped out of Canada.
When shipping or carrying University owned goods out of Canada, the following steps should be taken:
- ITEMIZE GOODS
- Specific and detailed description of each item, including how the item is used
- Model/serial numbers, part numbers, University tag numbers of each item
- Country of manufacture of each item
- The value (fair market value) and currency of each item
- COMPLETE AN "OFF-CAMPUS EQUIPMENT FORM" - if being "carried" out of Country (see FORMS)
- EXPORT PERMITS
- Determine if the goods to be exported require an export permit or if the intended recipient in the foreign destination requires an import permit in his/her country (see Customs Permit Procedure).
- Apply to the appropriate Canadian government agency issuing export permits
- Once the export permit has been issued and obtained, maintain the original within the originating University department and forward a copy to the Customs Division
- SHIPPING FORM (see FORMS)
- If goods are being shipped via a courier or freight company, prepare a "Shipping Form". In particular, the section relating to items leaving Canada, must be filled out:
- Shipments to the United States should include the recipient company's IRS, EIN or Federal Identification Number
- If only one item is being shipped, the details may be typed into the Shipping Form
- If multiple items are being shipped, the itemized list may be attached
- Indicate the reason for sending the shipment (i.e. sold to consignee, return to supplier for repair)
- If goods are to accompany a University employee on his/her trip outside of Canada, a written request to the SMS Shipping Office for customs documents should be made at least 3 weeks prior to the intended travel date
- SHIPPING THE GOODS
- When the shipment is ready to leave the University campus the following should be sent to SMS Central Shipping:
- the sealed and addressed carton or package containing the goods to leave Canada
- the completed Shipping Form
- the completed and authorized Off-Campus Equipment form (if applicable)
- any export permits, licenses or dangerous goods documents as required
- Using the information provided on the Shipping Form, the SMS Shipping office will process:
- the bill of lading through the courier or freight company
- the Commercial Invoice or formal B13A Export Declaration as required
- DOCUMENT RETENTION
- Documents to be retained by the Faculty, Department or Unit:
- export permit (if applicable)
- Off-Campus Equipment form
- copy of the shipping form
- Documents to be retained centrally by Shipping/Customs Division:
- copy of the shipping form
- carrier/courier's bill of lading
- commercial invoice or B13A Export Declaration
Before packaging the goods for shipping, prepare a list of all the goods to either be shipped from or carried out of Canada. The required information concerning the goods is:
Exported Dangerous Goods
In addition to complying with the requirements of either the IMDG or IATA, exporters of dangerous goods must comply with land transport requirements for New Zealand and the destination country. Fortunately most land transport codes permit dangerous goods that fully comply with ICAO or the IMDG to be transported by road to the original consignment destination, without having to fully comply with the applicable land transport code. However, in many cases additional conditions apply. If goods are re-consigned they must fully comply with the local requirements. Understanding and complying with the different requirements improves both compliance and safety, and can minimise delays and prevent additional costs, such as repackaging or re-labelling.
The ICAO Technical Instructions apply to air transport of dangerous goods and the IMDG Code applies to sea transport. The Australian Dangerous Goods Code 6th edition (ADG6) was based on the ninth revised edition of the UNRTDG. It is currently being replaced by ADG7, however, each state and territory has to adopt ADG7 independently. At the time of writing ADG6 is still the legal document in many states, and specifies the requirements for land transport. ADG6 permits imported goods to be transported to the initial destination within Australia (providing they comply with either the IMDG Code or ICAO Technical Instructions). The full requirements of the ADG Code apply if goods are reconsigned from a distribution centre or warehouse. The seventh edition of the ADG Code was published October 2007, however, apart from Western Australia it has yet to be adopted by the states and territories. The seventh edition is closely aligned with the UN Recommendations on the Transport of Dangerous Goods and adopts for the first time 'Dangerous Goods in Limited Quantities'. This will facilitate the land transport of imported goods.
The multimodal dangerous goods requirements are included in the Code of Federal Regulations, Title 49, Subtitle B, parts 100 to 185.
The multi-modal dangerous goods requirements are included in the Transport Dangerous Goods Act and Regulations.
The European Agreement on the International Carriage of Dangerous Goods by Road (ADR) is effective across the European continent, with 40 countries adopting the 2007 edition of the ADR. There has been significant harmonisation with the UNRTDG over recent years, and this is an ongoing process. Other European Dangerous Goods Codes include the RID governing international rail transport and the AND governing the transport of DG on inland waterways.
Modes of Transporting Dangerous Goods Safely
All transport modes have adopted essentially the same standard for packaging, marking and labelling. Differences between the codes are discussed below.
These specify the packaging which may be used for each dangerous good. These packing instructions restrict the style (drum, box, jerrican etc), material (plastic, steel, fibreboard etc) and maximum permitted capacity for a particular style/material combination, or the maximum capacity per single packaging.
Air and sea
As well as complying with UN specification packaging, air and sea modes may further restrict the quantity of dangerous goods that can be shipped in a particular type of inner packaging and the total quantity per outer packaging (combination packaging) or a single packaging (i.e. a closed head drum). The quantity limits imposed in the air and sea modes can be lower than those specified in the UN Recommendation Packing Instructions. It is vital to check the requirements specified in the relevant modal code.
The Land Transport Rule incorporates by reference NZS 5433, which refers to the UN packaging instructions.
Small packages-Land Transport Only
Dangerous goods transported as small packages must comply with inner package quantity limits in Schedule 2 of the rule (Dangerous Goods in Limited Quantities and Consumer Commodities). The packaging must comply with clause 3.2(2) and 3.2(3) of the rule.
Dangerous Goods in Limited Quantities
Land and sea transport use the same quantity limits, type and style of packaging. The requirements for air transport are substantially different (refer to ICAO Technical Instructions or IATA Dangerous Goods Regulations for details). The Land Transport Rule allows the abbreviation 'DGLQ' for dangerous goods in Limited Quantities. However, IMDG, ICAO and IATA do not recognise this abbreviation - their terminology is 'Limited Quantities' or 'Ltd Qty'. 'Ltd Qty' is also acceptable for land transport.
Packaging for the land and sea transport of dangerous goods in Limited Quantities has to meet the general requirements specified in the relevant code, but does not have to pass the UN performance tests (i.e. drop test, stack test etc). Air transport requires packaging for dangerous goods in Limited Quantities to be able to pass the stack test and withstand a drop of 1.2m onto the point that is most likely to sustain damage. This is a similar standard to Packing Group II requirements (minus the need for official testing in an approved laboratory).
Shrink or stretch-wrapped trays are not acceptable for air transport.
The UN Recommendations, IMDG Code, IATA Regulations, ICAO Technical Instructions and NZS 5433:2007 provide additional information as special provisions for some substances. These special provisions contain very important information and must be read. They specify additional or reduced requirements for certain circumstances and provide definitions for terms used. The special provisions are usually listed in a table within the code. In all codes a reference to the applicable special provisions is given in the list of dangerous goods. For example, UN2465 DICHLOROISOCYANURIC ACID, DRY or DICHLOROISOCYANURIC ACID SALTS has the special provision that the dihydrated sodium salt is considered non-dangerous. Thus the dihydrated sodium salt of dichloroisocyanuric acid is not a dangerous good for transport. The IMDG Code includes an additional set of special provisions numbered from 900. This numbering identifies them as being unique and is applicable to maritime transport only.
Proper Shipping Name
The UN Recommendations, IMDG and NZS 5433:2007 have traditionally written the Proper Shipping Name in upper case. Anything written in lower case is considered to be additional information. ICAO and IATA show the Proper Shipping Name by using bold typeface, rather than capital letters.
Goods too dangerous to transport
Some goods are considered too dangerous to transport. The IATA Regulations show these as being FORBIDDEN in the list of dangerous goods. In special circumstances, the Regulatory Authority may approve the transport of certain forbidden dangerous goods.
Pollutants and environmentally hazardous substances
The UN Recommendations has adopted the GHS classification criteria for Acute Aquatic Toxicity category 1 & 2 and Chronic Aquatic Toxicity Category 1 for environmentally hazardous substances. Special Provision 179 permits the designation of 'ENVIRONMENTALLY HAZARDOUS' to be used with substances and mixtures which are dangerous to the aquatic environment, or which are marine pollutants, and that do not meet the classification criteria of any other class, or another substance within Class 9. This designation may also be used for wastes not otherwise subject to these regulations but which are covered under the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, and for substances designated to be environmentally hazardous substances by the competent authority of the country of origin, transit or destination which do not meet the criteria for an environmentally hazardous substance according to the relevant transport code or for any other hazard The IMDG lists many substances as pollutants in the general index or alphabetical list. These are identified by a P for Marine Pollutant and PP for Severe Marine Pollutant or • for substances that are marine pollutants if they contain 1% or more of a Severe Marine Pollutant, or 10% or more of a Marine Pollutant. The Maritime Rule 24A and the IMDG currently require a special mark (triangular label depicting a fish with a cross through it) on packaging with the words 'Marine Pollutant' after the UN number on documents. There are additional stowage requirements and reporting requirements in the event of a spillage or loss. The marine pollutant mark will change with the introduction of revision 34-08 of the IMDG to a black diamond with the dead tree & fish symbol.
- UN3082 ENVIRONMENTALLY HAZARDOUS SUBSTANCES, LIQUID, N.O.S.
- UN 3077 ENVIRONMENTALLY HAZARDOUS SUBSTANCES, SOLID, N.O.S.
Internal Pressure (Hydrostatic) Test
Packaging intended to contain liquids must be capable of passing an internal hydrostatic pressure test. The required test pressure is dependant on the liquid being packed and must be determined on a case-by-case basis. The various codes specify the acceptable means of calculating and measuring the hydrostatic test pressure. They also specify minimum test pressures. When selecting packaging, it must be able to withstand either the determined test pressure or the relevant minimum test pressure, whichever is higher.
There are some significant differences in the minimum test pressures permitted by the various transport codes. Air transport requires a higher standard.
International Air Transport Association
For single packagings, the requirements are:
- When using the actual liquid that the packaging is designed to contain, the minimum test pressure is 95kPa for all hazard classes, except for PG III of Class 3 and Division 6.1 where 75kPa is allowed. The reference for this is ICAO Part 6;4.5.3(a) and IATA 126.96.36.199.1.
- When using the vapour pressure as an indicator, then the minimum test pressure for all hazard classes is 100kPa. References ICAO Part 6;4.5.3(b) and (c) and IATA 188.8.131.52.2 and 184.108.40.206.3.
- For PG I liquids the minimum test pressure is 250kPa and ICAO Part 6;3.5.4.
For all inner packagings intending to contain liquids, the packaging must be capable of withstanding a pressure differential of not less than 95kPa for all hazard classes, except for PG III of Class 3 and Division 6.1 where they allow 75kPa, or, if using the vapour pressure as a standard, then the minimum pressure differential for all hazard classes and packing groups is 95kPa. The references are ICAO Part 4;1.1.6 and IATA 220.127.116.11. Absorbent material: IATA requires absorbent material to be used with some goods (section 18.104.22.168.2). This should be compatible with the substance.
UN Recommendations, IMDG and NZS5433
The minimum test pressure to take account of vapour pressure is 100kPa for PG II & III liquids and a minimum of 250kPa for Packing Group I liquids.
Non UN Type-Tested Packaging
The 15th revised edition of the UN Recommendation (Chapter 3.5), ICAO Part 1, chapter 2, section 2.5 and IATA 2.7 allow very small quantities of some Classes of dangerous goods to be shipped as 'Excepted Quantities'. The packaging does not have to be UN certified packaging but it must be of good quality combination packaging, capable of withstanding the normal conditions of transport, and must be compatible with the dangerous goods. Incompatible dangerous goods must not be included in the same package. IATA imposes additional labelling requirements.
Limited Quantities of some less-hazardous dangerous goods (e.g. those that are allowed to be carried on passenger aircraft) may be transported in non-UN specification packaging provided special provisions are met. These provisions are detailed in IATA's section 2.8. The packaging does not have to be officially tested in an approved laboratory to UN specifications, but it must meet the requirements of the relevant Packing Instruction specified in the relevant code. The package must be capable of passing the stacking test and be able to withstand a drop of 1.2 m onto solid concrete in the position most likely to cause damage. IATA denotes limited quantity Packing Instructions by a capital letter 'Y' in front of the Packing Instruction number.ICAO and IATA Packing Instruction 910 allows cosmetics, drugs and medicines (packaged for retail sale or distribution for personal or household consumption) to be packed in non-UN specification packaging to a total gross mass of 30 kg. Stretch or shrink-wrapped trays are not acceptable. The IMDG Code allows limited quantity shipments of up to 30 kg per package. Quantity per inner package is restricted. No requirements are specified for strength, other than the package must be of good quality and capable of withstanding normal transport conditions. The Land Transport Rule also provides dispensation for packaging dangerous goods in Limited Quantities and Consumer Commodities (Rule section 3.1 and 3.2(2)).NZS 5433 and the Land Transport Rule allow Dangerous Goods in Limited Quantities and Consumer Commodities up to 30kg per package to be in packages that meet the general safety requirements of section 3.1 of the Land Transport Rule (see sections 2.3 and 3.2(2)).
It is not possible to deal with this subject in any depth in this document, other than to point out that some combinations allowable on land are not allowable at sea and vice versa. Consignors and freight forwarders involved in the land and sea consignment of dangerous goods must comply with the requirements of both modes. This includes vessels and roll-on/roll-off ferries operating on the New Zealand coast. The IMDG Code introduced segregation groups which list substances with similar properties. In addition to the general segregation requirements by Class or Division, the IMDG may specify addition segregation requirements for specific dangerous goods. The additional segregation requirements are specified in the list of dangerous goods (part 3 of the IMDG). Cyanides of division 6.1 must be segregated 'away from acids'. Acids refer to any substance in the 'Acid Segregation Group'. Note: The 'away from acids' does not apply to all acids; it applies only to those listed in the Acid Segregation Group. Many weaker organic acids are not included in the Acid Segregation Group. The Segregation Groups have been reproduced in NZS 5433:2007
The IATA Dangerous Goods Regulations include segregation requirements for dangerous goods within packages and stowage segregation on board aircraft. Airlines will not accept cargo transport units packed by consignors or freight consolidators.
Labelling and placarding
Labelling and placarding principles are common to all codes. The use, number, location and size of the placards varies, however all modes require all outer packagings to be labelled with Class labels.
Class and Subsidiary Risk labels: Subsidiary Risk labels are identical to Class labels.
Quantity: All dangerous goods transported by air or sea must be labelled. The same requirements apply to land transport, except a vehicle carrying small packages in an aggregated quantity less than 50 kg or 50 litres does not need to be placarded.
Location and number: A vehicle for sea transport must be placarded on two sides and the front and rear. For road transport, the same vehicle is required to be placarded front and rear. The minimum size for the placards is 250 x 250 mm. Bulk tankwagons are required to be placarded on both sides and the rear. The minimum placard size is 400 x 400 mm for land transport in New Zealand.
Dangerous placard: The black and orange striped 'DANGEROUS' placard used for land transport is not acceptable for air or sea transport. These modes require all Class and Subsidiary Risk labels/placards to be displayed. A vehicle placarded according to marine requirements is also acceptable under the Land Transport Rule. The converse, however, is not acceptable.
Container Packing Certificates
The Land Transport Rule section 5.2(7) requires a Container Packing Certificate or Vehicle Packing Certificate to be carried if the goods are in a closed, pre-packed freight container or vehicle. The certificate states the container and the goods have been inspected and that the packages are labelled and marked, segregated and secured in accordance with the Land Transport Rule.The persons responsible for packing a freight container or vehicle must ensure that no dangerous goods which are required to be segregated under section 7.2 of the IMDG Code are packed within the same freight container or vehicle, intended for sea transportation, without the prior approval of Maritime NZ.A, land transport Container or Vehicle Packing Certificate does not necessarily ensure compliance with maritime requirements, and vice versa. This is due to the differences in segregation requirements.
Cargo Transport Units and Freight Containers
In addition to the placards, the IMDG Code requires full container loads of one dangerous good to be marked with the UN number. The number should be placed either in the lower-half of the Class placard or on a separate orange placard placed close to the Class placard (see IMDG section 8.7).This code also specifies that dangerous goods that do not completely fill a freight container or cargo transport unit are to be placed immediately inside the doors of the container or be readily accessible in a transport unit (e.g. a vehicle).It also requires those responsible for packing a container to provide a Container Packing Certificate declaring compliance with IMDG section 5.4.2 (also see 'Container Packing Certificate' above). Standards New Zealand has published a guide for stowing dangerous goods in freight containers NZS HB 77:2008
The IMDG Code has special provisions for intermediate bulk containers (IBCs) and bulk containers. Under the Land Transport Rule, bulk containers other than IBCs must display an emergency information panel (section 7.2(5)). Portable tanks for compressed or liquefied gases must comply with the Health and Safety in Employment (Pressure Equipment, Cranes and Passenger Ropeways) Regulations 1999 (HSE 1999), administered by the Engineering Safety Department of Labour. Tanks meeting the requirements of IMDG or the UN Recommendations are also considered to be in compliance with the HSE.
These are dangerous goods in Limited Quantities for personal use or household use that are packaged and distributed in a form suitable for retail sale. The term Consumer Commodities is used by IATA in their Dangerous Goods Regulations and in the Land Transport Rule: Dangerous Goods 2005, Rule 45001/1.Land transport offers reduced requirements for goods defined as Consumer Commodities. Its definition of Consumer Commodities includes goods intended for recreational use. The rule limits the quantity to 1,000 kg per load. Any part of the load that exceeds 1,000 kg must fully comply with the rule.The IATA regulations recognise Consumer Commodities as a proper shipping name and assigns it to ID number 8000 (as opposed to a UN number), Consumer Commodities, and is classified as Class 9 Dangerous Goods. Products that are packaged and identified as ID 8000, Consumer Commodities, Class 9 in accordance with aviation requirements may be transported on land in New Zealand under the Small Packages provisions of the dangerous goods rule. This enables IATA Consumer Commodities to be transported without any changes to the packaging or identification of the goods.The term 'Consumer Commodities' is not used by the UN Recommendations or IMDG, however, reduced requirements for marking and labelling apply to dangerous goods in Limited Quantities for personal use or household use that are packaged and distributed in a form suitable for retail sale.
Standard of packaging
These are contained in the Hazardous Substances (Packaging) Regulations 2001. Substances packed in accordance with the transport codes in UN Specification Packaging will generally meet the requirements of these regulations.
Inner or primary packaging must meet the requirements specified in Part 2 of these regulations. In particular, the packaging for substances specified in Schedule 5 must meet the test requirements of Schedule 4, or be labelled with a warning that the packaging may not withstand a drop of 0.5 m.
PIPELINE & HAZARDOUS MATERIALS AFETY ADMINISTRATION
The Pipeline & Hazardous Materials Safety Administration (PHMSA) operates under the U. S. Department of Transportation., the agency which is responsible for regulating and ensuring the safe and secure movement of hazardous materials/dangerous goods to industry and consumers alike by all of transportation, which includes highway, rail, air, water, and pipeline. The agency goals can be briefly outlined as:
- Safety-for the general public
- Environmental Stewardship
- Global Connectivity - to harmonize and standardize regulations
- Preparedness & Response - to reduce overall harm
To insure minimal threats to life, property, and the environment due to hazardous materials or dangerous goods related incidents, PHMSA develops regulations and standards for the classification, handling, and packaging of over one million daily shipments of such materials within the United States. The agency ensures safety in the design, construction, operation, maintenance, spill response of natural gas and liquid transportation pipelines. PHMSA's overarching goals are to minimize vulnerability through risk management. The lines of authority, responsibility and enforcement are clearly delineated to promote efficiency and non-duplication.
PHMSA & International Standards
PHMSA is committed to ensuring safety even before a hazardous materials package or pipeline crosses the U.S. border from another country. As part of the ongoing process of harmonizing the U.S. Hazardous Materials Regulations with international standards and regulations, PHMSA participates in a number of international forums to communicate and guarantee the consideration of U. S. interests in the development of international standards. The objective is to establish and maintain a global system of hazardous materials and dangerous transportation regulations that will enhance the free and safe movement of such materials. Harmonization with international standards enhances safety, compliance, and free trade while minimizing regulatory burden on the public.
OFFICE OF HAZARDOUS MATERIALS & SAFETY (OHMS)
The Office of Hazardous Materials and Safety (OHMS) develops and recommends regulatory changes governing the multimodal transportation of hazardous materials. Among many things, OHMS responds to requests for interpretation of regulations, inconsistency ulings and non-pre-emption determinations. It participates in policy determinations and implements guidance for approved policies. Additionally, it is the duty of this Office to develop regulatory policy options and initiatives based on social, economic, technological, environmental, and safety activities in the transportation of hazardous materials. The OHMS develops hazardous materials safety training policies and courses including instructional materials such as the Emergency Response Guidebook (ERG).
OHMS represents the United States (before international standards-setting bodies) on technical issues of hazmat transportation. This is done with the approval of or in support of, the U.S. Department of State in their efforts to enhance public safety and resolve potential conflicts.
DANGEROUS GOODS LOGISTIC NETWORK
The Dangerous Goods Logistics Network consists of companies that specialize in transportation of Dangerous, Hazardous, Restricted Articles and other sensitive goods - worldwide.
Shippers of Dangerous Goods may not be fully aware of the myriad of regulations, restrictions and potential penalties involved in shipping these commodities - not least of which include IATA regulations for air transport; ADR regulations for road transport and additionally within Europe the EU directives; the IMDG regulations for any ocean transport and the RID regulations for any rail transport. DGLN fills this void and offers shippers a one-stop resource to locate specialized companies - worldwide - that are able to assist them with their DG transportation and logistics needs. Our DGLN Members have each undergone an intensive pre-qualification and testing process that has determined them to be experts in this field. Each DGLN Member offers extensive experience and knowledge of the paperwork, regulations and restrictions applicable at both origin and destination - whatever the mode of transportation - air, ocean, rail, or road.
Penalties - Transporting Dangerous Goods Safely
Penalties may apply to all persons involved.
The Maritime (Offences) Regulations 1998 provide for offences which on summary conviction carry a maximum fine of $3,000 to $5,000 for individuals and $20,000 to $30,000 for a body corporate. These provisions and penalties apply to ship owners and masters. They also apply to harbourmasters, 'shippers' of dangerous goods, manufacturers of packagings, consolidators and packers and port operators.
The Land Transport (Offences and Penalties) Regulations 1999 (as amended) provide for offences against the Land Transport Rule. These offences attract a wide range of instant fines up to $10,000 for a company and $2,000 for an individual. Fines for summary convictions include a maximum $50,000 for a company and $10,000 for an individual.
The Civil Aviation (Offences) Regulations 1997 provide for offences for instant fines and 29 offences for which summary conviction results in a fine. The infringement fees for these offences range from $250 to $2,000 for an individual and $1,500 to $12,000 for a body corporate. The maximum fines resulting from a summary conviction range from $650 to $5,000 for an individual and $3,750 to $30,000 for a body corporate.
The offence provisions of the HSNO Act that are most relevant to the transport sector are those in section 109(1)(e) to (g) and (j) to (m) of the HSNO Act. However, other provisions may apply in particular circumstances. The offences in section 109(1)(e) to (g) are strict liability (where it is not necessary to prove that the defendant intended to commit the offence, although certain defences apply). The penalties (section 114) range from maximum fines of $5,000 or $50,000 up to a maximum fine of $500,000 or three months' imprisonment. If the major offences are continuing ones, further fines of up to $5,000 or $50,000 may apply for every day the offence continues. The Court may also require a person convicted of an offence to mitigate or remedy any adverse effects on people or the environment or to pay the costs of doing so. Finally, the Act allows for enforcement officers to impose infringement notices (instant fines), but at the time of writing in August 2008, these were still being developed.
HSNO Requirements Impacting on Transport - Transporting Dangerous Goods
A transit depot is defined in the Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001 as:-A permanent place (excluding a means of transport, and excluding any place where the substances are held for sale or supply) used as a transport depot that is designed to hold hazardous substances in containers that remain unopened during the time that they are present at the depot for periods that are more than:
- 18 hours in the case of a substance that is not subject to the tracking provisions of the Hazardous Substances (Tracking) Regulations 2001
- two hours, in the case of a substance subject to the tracking provisions of those regulations; but are, in no case, more than 3 days'.
Requirements for transit depots: The requirements for transit depots are above specified thresholds. These requirements (and thresholds) are contained in Regulations 83, 101 and 124 of the Hazardous Substances (Classes 1 to 5 Controls) Regulations (for classes 2-4, 5.1 and 5.2, respectively). These include:
- The requirement to notify a Hazardous Substances Enforcement Officer of the maximum quantity and classification of each of the hazardous substances that the depot is designed to accommodate at least 30 days prior to establishing a transit depot.
- The requirement for substances over certain quantities to be under the control and supervision of an Approved Handler or secured.
- Requirements for segregation, including segregation distances between vehicles and unloaded substances. The distances required are greater than those required under the IMDG Code or the Land Transport Dangerous Goods Rule.
Qualifications for Approved Handlers: These are contained in Regulations 5 of the Hazardous Substances and New Organisms (Personnel Qualifications) Regulations 2001. However, a person who drives, loads and unloads a vehicle transporting packaged dangerous goods does not have to be an approved handler if they have a dangerous goods endorsement on their drivers licence. This does not apply to transport of explosives or dangerous goods in bulk. (See the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances) Transfer Notice 2004, as amended, published in the New Zealand Gazette.)
These are defined in the Hazardous Substances (Tracking) Regulations 2001. These regulations impose:
- A requirement that the place where tracked substances are stored has an Approved Handler and that when a tracked substance is transferred to another place, there is an approved handler there and it has the required HSNO test certificates.
- Significant record-keeping requirements (essentially so that the movement of the substance can be back-tracked if there is an incident or emergency).
UN Dangerous Goods classifications which require tracking under the HSNO Act are:
- All of Class 1, except 1.4S
- Class 3 PG I
- Division 4.1 desensitised explosives PG I
- Division 4.1 self-reactive substances Type B
- Division 4.2 PG I
- Division 4.3 PG I
- Division 5.1 PG I
- Division 5.2 Type B
- Division 6.1 PG I, II & III
- UN 3077 and UN 3082.
These environmentally hazardous classifications include all dangerous goods that are Marine Pollutants and severe Marine Pollutants in the IMDG. These UN numbers are only assigned to Environmentally Hazardous substances that are not classified in Classes 1 to 8. The UNRTDG recognises that goods classified in Classes 1 to 8 may be environmentally hazardous, but does not require the environmental hazard to be separately identified. The GHS and HSNO, on the other hand, identify all hazardous properties.
HSNO classification categories 9.1A (aquatic toxicity) & 9.2A, 9.3A and 9.4A (terrestrial ecotoxicity) are also tracked substances. They may arrive in New Zealand without being identified by any GHS or UN dangerous goods marking or labelling. Ports and airports will be reliant on shippers to notify them if a substance is subject to the HSNO tracking requirements. Without notification, they will not be able to fulfil their obligations under the HSNO tracking regulations. There are significant penalties for non-compliance.
The Hazardous Substances (Identification) Regulations 2001 apply to any hazardous substance within New Zealand. The requirements of these regulations are satisfied if the transport container or the outer packing complies with marking and labelling requirements of:
- Land Transport Rule: Dangerous Goods 2005 (Rule 45001/1); or
- Civil Aviation Act 1990 (Rule Part92); or
- Maritime Transport Act 1994 (Maritime Rule 24A).
If a sole package (i.e. no outer packaging, such as a 200 litre drum) is not in a transport container, the labelling and marking must comply fully with both the transport requirements and the Identification Regulations requirements.
Standard of packaging
These are contained in the Hazardous Substances (Packaging) Regulations 2001. Substances packed in accordance with the transport codes in UN Specification Packaging will generally meet the requirements of these regulations. Inner or primary packaging must meet the requirements specified in Part 2 of these regulations. In particular, the packaging for substances specified in Schedule 5 must meet the test requirements of Schedule 4, or be abelled with a warning that the packaging may not withstand a drop of 0.5 m.
The result of the study indicates that people living close to a railway transport route are willing to pay for a reduction in their exposure to dangerous goods. A reduction in the number of carriages carrying dangerous goods and a reduction in the degree of dangerousness increase their utility. Their utility would also increase if transportation of dangerous goods were only allowed at daytime compared to the situation of today were dangerous goods are being transported all day. If transportation of dangerous goods were allowed at nighttime only, their utility would decrease instead. Hence, the affected individuals would have to be compensated in order to accept this detrimental effect. Information does have effect as well as distance to railway. There is also an impact of general socio-economic variables such as income, age, and gender.Further analysis will give an indication on whether the cost due to the value of a reduction in affected peoples' exposure to dangerous goods on railways, exceeds the cost due to the value of a marginal risk reduction that is used in the original model of accidents involving dangerous goods on railways in Sweden.
When calculating costs and benefits in the appraisal of proposed accident prevention projects it is of great importance that the incremental costs are as far as possible estimated for the specific situation. The result for this study suggests that the presented method can be used to estimate the cost due to the value of a reduction in affected peoples' exposure to transportation of dangerous goods on railways. A second part of this project is planned which seeks to estimate the same cost applied on road traffic. Interesting comparisons can then be made.
The estimates of this project will improve the economic analysis model of accidents involving transportation of dangerous goods that is used in Sweden today. The model currently used has shortcomings. There is a great uncertainty in the value of a risk reduction (the so-called human value) since the figure used is calculated for general road accidents and not on accidents involving dangerous goods.