{"id":857495,"date":"2021-06-09T07:00:50","date_gmt":"2021-06-09T11:00:50","guid":{"rendered":"https:\/\/www.thecompliancecenter.com\/ca\/?p=857495"},"modified":"2021-06-09T07:25:42","modified_gmt":"2021-06-09T11:25:42","slug":"top-five-things-you-need-to-know-now-about-the-regulations","status":"publish","type":"post","link":"https:\/\/www.thecompliancecenter.com\/ca\/help-center\/articles\/top-five-things-you-need-to-know-now-about-the-regulations\/","title":{"rendered":"Top Five Things You Need to Know Now about the Regulations"},"content":{"rendered":"

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The year 2021 is well underway, and most of us are feeling that, at least from a regulatory viewpoint, things are starting to go back to normal. Regulators are talking about amendments, new developments are being worked on (or are already here), and some changes that were long-awaited have finally occurred. So, let\u2019s take a quick look at five things that you should address now, or in the very near future, if you work with the transportation of dangerous goods.<\/span><\/p>\n

COVID-19 Extensions Are Ending<\/h2>\n

During the height of the COVID-19 pandemic, both the US and Canadian governments gave extensions for training recertification. Obviously, the typical face-to-face method of delivering training<\/a><\/span> just wasn\u2019t appropriate for the new reality. So, the authorities allowed training that was due to expire in the early days of the pandemic to remain valid. However, there are alternatives, such as computer-based training and live webinars that can be delivered safely. Both the US Department of Transportation<\/a><\/span> (DOT) and Transport Canada<\/a><\/span>\u00a0have let their training extensions lapse. If your training is expired, your employer will need to come up with a way to get you retrained, or at least updated for any new requirements, and recertified.<\/span><\/p>\n

Another provision made by both DOT and Transport Canada for COVID was the relief for shipping packages of hand sanitizer that were over the amount allowed as limited quantity (usually, that\u2019s 1 Litre per inner container). Due to a shortage of packaging and supplies, the two governments created options for shipping larger containers (say, 5 Litre bottles or 20 Litre pails) with reduced hazard communication and packaging requirements. However, the DOT arrangement has expired. Transport Canada will allow the use of their special permit<\/a><\/span>\u00a0until the end of 2021 but will probably not extend it further, as hand sanitizer stocks appear to have stabilized.<\/span><\/p>\n

Change of Markings for Limited Quantities and Consumer Commodities<\/strong><\/h2>\n

Speaking of limited quantities, both the US regulations of “Title 49 of the Code of Regulations”<\/a><\/span> (49 CFR) and Canada\u2019s “Transportation of Dangerous Goods Regulations”<\/a><\/span>\u00a0(TDG) have finally implemented the changes started several years ago. These will help put the US and Canada on the same footing as international regulations, such as the IMDG Code.\u00a0<\/span><\/p>\n

On the DOT side, the Limited Quantity diamond<\/a><\/span>\u00a0has been made mandatory for shipments of limited quantities. Also, the \u201cCONSUMER COMMODITY ORM-D\u201d marking will be phased out for ground shipments. TDG, section 1.17 has been amended to remove the option for marking limited quantities with the words \u201cLimited Quantity,\u201d \u201cLTD. QTY.\u201d or \u201cConsumer Commodity\u201d (or French equivalents). Instead, the Limited Quantity diamond is now mandatory. Note that Mexico has also updated its standard on limited quantities to reflect the current UN marking.<\/span><\/p>\n

These changes do not affect the description found in the IATA Dangerous Goods Regulations<\/a><\/em><\/span>\u00a0of ID8000, Consumer Commodity, Class 9. This is a special description used for mixed small containers of consumer products and will still be considered a valid description for air transport.<\/span><\/p>\n

IMO Delays Implementation of IMDG Code<\/strong><\/h2>\n

COVID-19 changed a lot of plans. Vacations, conferences, schooling. It even threw off the International Maritime<\/a> <\/span>Organization and their plan to bring out the newest International Maritime Dangerous Goods Code<\/em> (IMDG Code)<\/a><\/span>\u00a0at its normal schedule in late 2020. Instead, it was delayed until January of 2021. Normally, a new version of the IMDG Code may be used starting January 1 of the upcoming year, but since the document itself was published behind schedule, this implementation date has been pushed back to June 1, 2021. The \u201c2020 edition\u201d then doesn\u2019t become mandatory until June 1, 2022 \u2013 only a few months before the next edition is released.<\/span><\/p>\n

Air Regulations and Transport Canada Move towards \u201cCompetency-Based Training\u201d<\/strong><\/h2>\n

So, you think you have your corporate training under control? Well, watch out because a new concept for training is looming on the horizon \u2013 \u201ccompetency-based training.\u201d In general terms, competency-based training requires the training provider to break the topic of training down into specific \u201ccompetencies\u201d or abilities, and to focus on ensuring that the worker has mastered those particular competencies.<\/span><\/p>\n

Competency-based training is required by ICAO<\/a><\/span> (International Civil Aviation Organization) and IATA<\/a><\/span> (International Air Transport Association) for \u201coperators\u201d \u2013 that is, airlines and freight forwarders. While the standards in the US and Canada for legal enforcement do not yet address this type of training, Transport Canada is planning on introducing a proposed amendment to TDG later this year that would eventually make competency-based training a requirement for all modes in Canada. The requirements can be found in the standard CGSB-192.3-2020<\/a><\/span>\u00a0\u201cTransportation of dangerous goods training, assessment and competency,\u201d published by the Canadian General Standards Board.\u00a0<\/span><\/p>\n

This standard will require much more preliminary work in establishing what competencies workers need to have mastered and how to prove they\u2019ve mastered them. Canadian shippers and carriers should start to figure out how this will work in their facilities as soon as feasible. One way is to use training specialists to help you with the initial assessment of training needs.<\/span><\/p>\n

Lithium Battery Changes<\/strong><\/h2>\n

As always, lithium batteries pose a moving target as regulations are guided by new developments in battery safety. Important considerations for the start of 2021 include:<\/span><\/p>\n