The Canadian Auditor General’s office has raised concerns about how dangerous goods are transported in Canada, in a report that may have far-reaching effects on Transport Canada, as well as the transportation and chemical industries. The conclusion in the report that “Transport Canada has not designed and implemented the management practices needed to effectively monitor regulatory compliance with the Transportation of Dangerous Goods Act, 1992” has already become a major news story, raising public concern. But how valid are these concerns?
Scott Vaughn, Commissioner of the Environment and Sustainable Development, this week issued his report on the performance of Transport Canada and the National Energy Board. The report, issued as the 2011 December Report of the Commissioner of the Environment and Sustainable Development found, among other areas of concern:
Transport Canada lacks a consistent approach to planning and implementing compliance activities. In particular, it has not established a “risk based” approach to monitoring companies involved in transporting dangerous goods.
There is a lack of follow-up on reported deficiencies. Corrective action is not consistently taken when violations are discovered. Documentation of corrective actions is often missing or incomplete.
The system for approving and overseeing Emergency Response Assistance Plans (ERAPs) is slow, and many plans are given merely “interim” approvals, but never progress to full approval (some have been designated interim as long as ten years).
Inspectors lack detailed guidance on how to enforce and monitor compliance.
The report identifies some significant areas of concern, and Transport Canada has committed to addressing these issues. However, it should be pointed out that most of the issues raised by the Commissioner are not related to actual incidents, but the day-to-day administrative procedures of the department. In general, Canada’s record in safe transportation of dangerous goods is still very good. The number of accidents related to non-compliant dangerous goods is low, and most incidents are dealt with quickly and appropriately, due to the hazard communication requirements of the regulations.
Companies involved in the transportation of dangerous goods in Canada should watch the developments from this report carefully. As the government tries to address these concerns, we may see improvements for industry, such as speedier approvals, but there may also be a downside. Will the criticism of Transport Canada’s enforcement procedures result in inspectors taking a more “hard-nosed” approach during investigations?
This week, ICC attended the 33rd Annual Conference and Exposition of the Dangerous Goods Advisory Committee (DGAC), one of the largest trade associations for organizations involved in dangerous goods. The conference, which was held in Tampa, Florida, was well attended by shippers and carriers, as well as companies providing services such as emergency response. ICC’s own Karrie Monette-Ishmael and Barbara Foster were among the exhibitors showing their latest products and services.
The program started with a keynote address from Tim Butters, the Deputy Administrator of the Pipeline and Hazardous Materials Safety Administration (PHMSA). He described how PHMSA was “trying to reopen lines of communication with industry,” that may have been damaged in recent years, and discussed some of their important work on safety and security.
The program itself provided many informative and challenging sessions. Workshops gave a hands-on look at such diverse topics as writing closure instructions for packaging, and compatibility issues between chemicals and packaging. Regulators from North America and Europe gave overviews of issues and upcoming changes to the UN Recommendations on the Transport of Dangerous Goods, the Hazardous Materials Regulations of 49 CFR, and other related regulations. Speakers from industry were present to give insight into topics such as classification of environmentally hazardous substances. The ever-problematic issue of lithium batteries was addressed by Bob Richard, former Deputy Administrator of PHMSA and now with Labelmaster Services.
A new feature this year (and one that was a big hit!) was a chance to “speed date the regulators”. Participants could choose representatives from various departments for short discussions in small groups about specific topics of concern.
This was the last conference for the current DGAC President, Mike Morrissette. After many years of service in the dangerous goods field, Mike is retiring. ICC wishes him a happy retirement, and thanks him for his years of untiring support for all of us in the industry. We also congratulate the incoming President, Vaughn Arthur, and look forward to working with him.
ICC is a proud supporter of DGAC, one of the best sources for companies involved with goods/hazardous materials to learn about upcoming regulations, and touch base with the people who create them. Check DGAC out at http://www.dgac.org for more information about this great organization, and consider attending next year’s conference, which will be held in Nashville, Tennessee on October 15-17, 2012.
This Amendment deals specifically with Emergency Response Assistance Plans (ERAPs), and compensation for situations where the government has invoked a plan in the event of a terrorist action. Costs that are eligible for compensation include:
the salaries and other compensation for employees and contractors;
the cost for tools and equipment used, including rental of equipment where necessary,
cost of replacing supplies, single-use equipment and other consumables,
travel expenses for personnel, including meals and accommodation,
expenses related to injury or death of employees or contractors, and
costs incident to cleanup after an incident, including handling and disposal costs for dangerous goods and contaminated materials.
In the event of a terrorist incident involving dangerous goods in transport, the Minister of Transport can invoke an ERAP, even if the ERAP is held by someone other than the consignor of the goods. The amendment is required to ensure that this does not place an undue economic burden on the owner of the invoked ERAP.
Other aspects of ERAPs, such as the quantities that trigger the requirement, have not been changed in this amendment. If you have questions about how Amendment 10 will affect ERAPs, please contact ICC The Compliance Center Inc at 1-888-442-9628 (USA) or 1-888-977-4834 (Canada).
by Barbara Foster on October 5, 2011 at 8:00 am · in Barbara's Blog
Online shopping – whether from large internet companies such as Amazon, to individual vendors on sites such as eBay – has grown, well, explosively, in the past few years. But with this growth has come a headache for shippers, receivers and regulators. How do you handle online purchases of product that may actually be classified as dangerous goods (or, in the US, as hazardous materials)?
Often, people are not aware that common consumer products may be considered hazardous for transportation. These include:
Aerosol sprays
Cosmetics, such as nail polish remover or perfumes
Flammable liquids, such as paints and adhesives
Smoke detectors containing radioactive sources
Fireworks
Refrigerants (including those in equipment)
Fire extinguishers
Goods with internal combustion engines
Lithium batteries, including batteries packed in or with electronic equipment
There are, of course, provisions in various regulations such as the US Hazardous Materials Regulations of 49 CFR (Title 49 of the Code of Federal Regulations), and Canada’s Transportation of Dangerous Goods (TDG) Regulations. Small packages of dangerous goods can often be shipped more easily under the provisions for Limited Quantities or Consumer Commodities. These provisions, however, do vary from country to country.
In addition, the regulations for shipment by air are much more stringent. Shipments by carriers who specialize in fast delivery may need to comply with the system for air transportation from ICAO (International Civil Aviation Organization), and IATA (International Air Transport Association). These may require additional packaging, labeling or paperwork, and in some cases will completely prohibit the transportation of goods that can be legally transported by ground.
If you plan on selling products online that may be considered dangerous goods or hazardous materials, here are some things you will need to do:
Consult your national transportation regulations. These will identify what qualifies as dangerous goods, as well as any exemptions or special cases that you can use to reduce the regulatory burden when shipping them
Consult with your carrier. Most national postal services will have restrictions on transport of dangerous goods, so simply boxing up those aerosol cans and popping them into the mail may be against the law. Here are some sources for information on typical carriers for online purchases:
The United States Postal Service has an online guide to hazardous materials mailability rules at http://pe.usps.com/text/dmm300/601.htm#1064962
If using the services of an online store such as eBay, consult their terms of service. eBay will allow some hazardous materials to be sold through their website, but only if the listing clearly describes the hazardous nature of the product, and specifies a shipping method that meets regulatory and postal service requirements
International shipments require knowledge of other country’s regulations. Many countries will have restrictions or licensing requirements for various types of dangerous goods in addition to the actual transportation regulations. Do not assume that just because your national regulations permit a shipment, that the countries of transit or the receiving country will also do so
Determine if the shipment will be cost-effective. It may be more money than it’s worth in extra shipping costs to ship, say, a small can of spray paint or spare lithium batteries with a larger shipment. Consider shipping without the hazardous components, and let the customer supply those at the other end
If you purchase dangerous goods online, some suggestions include:
Only purchase from reputable suppliers, who indicate that they are aware of the regulations, and prepared to meet them
Check your national regulations for any specific responsibilities that you will have to meet as a receiver (such as training), or government registration of materials such as explosives or radioactives
Be aware of other regulations that may affect the shipment. For example, verify that the product is legal in your country, and meets applicable safety standards. (That great deal on white paint might just contain an unacceptable level of lead pigment in North America.)
Be prepared for delays. That great deal on perfume may not arrive right on time for Valentine’s Day
The new online world has created many opportunities for retailers, both large and small. However, the regulations for transporting dangerous goods still apply, just as they have always done. Make sure that you take them into consideration before bidding on that “can’t miss” deal on your favourite shopping site.
If you have questions about transporting hazardous materials or dangerous goods, contact us here at ICC (1-888-442-9628 (USA) or 1-888-977-44834 (Canada)).
On June 4, 2011, Mexico became the first NAFTA member to adopt the GHS as a basis for national health and safety regulations, by proclaiming a new Mexican standard, NMX-R-019-SCFI-2011.
This standard will be based on the Purple Book (Globally Harmonized System of Classification and Labelling of Chemicals), published by the United Nations. However, unlike the changes planned for the United States and Canada, this standard is voluntary. It will allow use of the GHS to be in compliance with the existing standard NOM-018-STPS-2000, which covers classification, labeling and safety data sheets. Suppliers may, however, choose to remain in compliance with the existing standard, without updating to GHS.
Unfortunately, there has not yet been an English translation of this new standard published. Further information (in Spanish) can be found at:
