Transporting dangerous substances?
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THE MOST recent Regulation governing the movement of hazardous substances came into force on January 1 this year.
To help operators using road tankers and tank containers 'arger than 3cum (106cuft) to comply with legislative requirements, the Health and Safety Commission has published an approved Code of Practice. This was formulated after consultation with various sections of industry including the CBI, the TUC, local authorities, Government departments and the Health and Safety Executive.
There is no legal requirement to conform to the code, but its special legal status allows it to be used in subsequent criminal proceedings after an incident when the court is determining where the blame should lie.
In these circumstances it would be incumbent upon the person responsible to show that he had complied with the Regulations in some other way.
To avoid reaching that stage, the operator can arm himself with a copy of Operational Provisions of Dangerous Substances (Conveyance by Road Tankers and Tank Containers) for a small investment of £3.60 with HM Stationery Office.
The code gives practical guidance on the methods of compliance with Regulations 8, 10,11, 12, 13 and 21.
These relate to information which must be obtained by the operator, information which must be provided to the driver, precautions against fire and explosions, prohibitions against overfilling, information on 'supervision and parking of vehicles, and instruction and training of drivers.
In addition, the code gives guidance on the duties imposed under Sections 2(1), 2(2), 3(1), 3(2) and 7 of the Health and Safety at Work Act 1974 in relation to loading and unloading tankers and tank containers.
The United States Coast Guard has allowed its compatability guide for bulk chemicals to be reproduced in the code as an aid in the suitable selection of materials to te inc!uried in mixed loads. Let's examine these Regulations.
Regulation 8 (1) An operator shall not convey a dangerous substance by road tanker or tank container unless he has obtained from the consignor of that substance or some other person on his behalf such information as will enable the operator to: (a) comply with the requirements of these regulations; and (b) be aware of the risks created by the substance to the health and safety of any person.
(2) It shall be the duty of any person who supplies information for the purposes of paragraph (1) to ensure that that information is accurate and sufficient for the purposes of that paragraph.
Written information is preferable and should enable the operator to label his vehicle correctly while leaving him in no doubt as to the restrictions on the movement of the dangerous substance.
If the material is included on the H&S approved list it will have been classified and allocated an emergency action code. If not, it must be identified by name and accompanied by its characteristic properties.
It is important that specialist advice is always available at the end of a phone line. There are firms who are prepared to take on this responsibility on a contract basis.
In some cases the alternative wording "consult local depot" may be used in place of a telephone number if the operator is in receipt of Exemption Certificate No.1 of 1983.
Where only verbal information is available to the driver, it remains the operator's responsibility to ensure that the vehicle is correctly labelled. As far as the customer is concerned he must give accurate information relating to the consignment.
Regulation 10 (1) Where a dangerous substance is conveyed by road in a road tanker or tank container, the operator of the vehicle used for conveying the substance shall ensure that the driver thereof is given such information in writing in relation to the substance as will enable him to know: (a) the identity of the substance; and (b) the nature of the dangers to which the substance may give rise and the emergency action he should take.
(2) The driver of a vehicle to which this regulation applies shall ensure that: (a) the information in writing given to him under paragraph (1) is kept in the cab of the vehicle and is available at all times while the substance to which it relates is being conveyed; and (b) the information in writing relating to any substance which is not being conveyed at that time is destroyed or removed from the vehicle or placed in a securely closed container clearly marked to show that the information does not relate to a substance then being conveyed. Simply, this Regulation puts the onus on the operator to provide the driver with appropriate written information relating to the load. The name of the substance should be given, along with a description of its inherent dangers and the safety measures that must be adhered to.
Should the load come into contact with the public, the driver will need to know the treatment that might be administered and what measures to be taken in the event of fire. How to deal with spillage and when to use special safety equipment is information that must also be written down, preferably in the form of a Tremcard or similar format.
As the driver must keep this information readily available some provision, such as a clipboard, should be made so that it can be stowed in a prominent position. This would normally be most convenient inside the cab but for articulated vehicles where the tractive unit may be changed, then alternative provision needs to be made so that the information can be attached to the trailer.
These requirements continue to apply to a nominally empty tank where the residue could constitute a risk to health or safety. Where mixed loads are being carried this is particularly relevant.
Equally important, paperwork should be removed from the vehicle, once the tanks have been purged, or placed in a pouch or box marked for the purpose, so that there can be no confusion as to the material being transported.
Clearly marked handbooks concerning the general conveyance of dangerous substances need not be kept locked away.
Regulation 11 Every person engaged in the conveyance by road of a dangerous substance shall observe all the precautions necessary for preventing fire or explosion.
Everyone who is directly or indirectly involved with the operation of the vehicle is made responsible under this regulation. While most of the precautions relate to the vehicle on its journey it would be wrong to assume that that is the extent of its cover.
Because fire could originate from the engine, brakes, tyres or electrics, those concerned with maintenance must see that this is properly carried out. Others involved with loading and unloading need to have written instructions and all persons who come into contact with the vehicle need to be told of their responsibilities.
The types of substances involved fall into four categories: flammable liquids and gasses; Oxygen, peroxides and other oxidising substances; spontaneous combustibles; and substances which when mixed with water become combustible or give off a flammable gas.
The risk factor is most prevalent during loading and unloading. Leakages are more likely to occur when the cargo is being pumped on or off and all potential sources of ignition should be avoided.
All types of fire extinguishers either on the vehicle or in the immediate vicinity should be regularly serviced and relate to the type of product being handled.
Different substances require individual precautionary measures. Organic peroxides must be kept within defined temperature limits while spontaneous combustibles require a layer of inert gas or liquid to prevent contact with air.
Repairs to a non-cleaned and purged tank can only be made where they do not involve the application of heat or naked flame if the vehicle has been used to carry flammable or explosive material. Regulation 12 The operator of a road tanker or tank container used for the conveyance by road of a dangerous substance shall ensure that any tank in which the substance is conveyed is not overfilled.
Adequate allowance must be made for the expansion of the tank's contents where there may be an increase in the ambient temperature. As the operator is unlikely to be present at every filling operation, he must make provision for the driver or other competent person to carry out the checks. Imported tank containers should be certified in accordance with the IMDG code.
Physical checks, by dip stick or weighing, should take account of the tank's maximum capacity. Guidance as to the ratio of liquefied gas to water needed to fill a given sized tank is supplied by BS 5355 Filling Ratios and Developed Pressures for Liquefiable and Permanent Gases.
Regulation 13 (1) The driver of a vehicle to which this paragraph applies shall ensure that the vehicle, when not being driven is either: (a) parked in a safe place; or (b) supervised at all times by him or by some other person over the age of 18 years.
(2) Paragraph (1) shall apply where a road tanker or tank container is required by the Regulation 14 or 15 to display hazard warning panels and the emergency action code (if any) required to be shown thereon ends with a letter "E" except that that paragraph shall not apply where the driver of the vehicle can show: (a) that any tank or compartment of a tank which had contained a subs tance which has an emergency action code ending with the letter "E" is nominally empty; (b) in a case where the substance identification number 1270 is displayed, that no petrol is being conveyed or that any tanker compartment of a tank which had contained petrol is nominally empty; (c) in a case where the substance identification number 1268 is displayed, that no tolune or petroleum distillate having a flash point of less than 21degrees C is being conveyed or that any tank or compartment of a tank which has contained any such substance is nominally empty.
In this paragraph "nominally empty" means in relation to a tank or compartment of a tank that has had removed from it as much of the dangerous substance as is reasonably practicable has been discharged from it.
Ideally a recognised lorry park should be used for extended or overnight parking away from base. Alternatively, it may be possible to stop at a local factory or depot. In any case the vehicle should be parked away from other vehicles carrying hazardous substances, not on the public highway, nor within 15m of an occupied premises or anywhere where the public are known to congregate or pass close by.
It should be parked in a mariner that will allow it to be moved quickly and easily in an emergency. Only in certain emergency situations should the motive unit be separated from its trailer or semi-trailer.
For short breaks for lunch or making a delivery the driver must leave the vehicle close at hand and in sight if possible. If this is not possible, then the help of a competent person over the age of 18 years should be sought to keep an eye on the vehicle.
In the event of a breakdown the driver should stay with the vehicle and seek the help of a passer-by to call the relevant service.
At all times the driver should render the load secure against theft and interference before leaving the vehicle.
Regulation 21
The operator of a vehicle used for the conveyance of a dangerous substance by road shall ensure that the driver of that vehicle has received adequate instruction and training to enable him to understand: (a) the nature of the dangers to which the substance being conveyed may give rise and the emergency action he should take; and (b) his duties under these Regulations.
(2) The operator shall keep a record of such instruction and training received by the driver while in his employment, and a copy of that record shall be made available to the driver.
Driver training is the responsibility of the vehicle operator alone. Where he does not wish to organise in-house training, the Chemical Industries Association (CIA), Road Haulage Association (RHA), or the Road Transport Training Board (RTITB) may be able to help.
Information should include the effects the substance has on living tissue and what happens to anyone who inhales it. Environmental aspects also need to be covered to give an understanding as to the risks of pollution or the structural damage it might cause through leakage, onto the road surface for example.
General knowledge of the vehicle should impart information on the construction of the tank, its ancillary equipment and the effects that surge has on the handling of the vehicle.
Where the driver is involved in loading and unloading he must know the procedures to be followed and the equipment to be used. General training in the use of safety equipment should include the use of fire extinguishers and may include instruction in first aid, and the wearing of protective clothing and breathing apparatus.
Before setting out on a journey the driver has specific duties to obtain the relevant written information and make sure that it agrees with the warning panel attached to the vehicle.
He should also ensure that the vehicle, its load and all safety equipment are in good order.
In an emergency his first responsibility is to alert the police and emergency services and help any injured persons.
Suitable safety measures may include such action as stopping the engine, moving the vehicle to a safer place, isolating the electrics and ensuring that the Tremcard is readily available for the emergency services who will take charge as soon as they arrive on the scene.
With only a few exceptions, nearly all the Regulations have direct implications for the driver but it is the operator who must ensure that the driver has been given adequate training and keep a record of courses attended and certificates obtained to demonstrate the level of competence attained.
Health and Safety at Work Act 1974 2(2) It shall be the duty of every employer to ensure, so far as is reasonably practical, the health, safety and welfare at work of all his employees.
2(2) Without prejudice to the generality of an employer's duty under the preceeding sub-section, the matters to which that duty extends include in particular: (a) the provision and maintenance of plant and systems of work that are, so far as is reasonably practicable, safe and without risk to health; (b) arrangements for ensuring, so far as is reasonably practicable, safety and absence of risks to health in connection with the use, handling, storage and transport of articles and substances; (c) the provision of such information, ins tructi o n, training and supervision as is necessary to ensure, so far as is reasonably practicable, the health and safety at work of his employees; (d) so far as is reasonably practicable as regards any place of work under the employer's control, the maintenance of it in a condition that is safe and without risks to health and the provision and maintenance of means of access to and egress from it that are safe and without such risks; (e) the provision and maintenance of a working environment for his employees that is, so far as is reasonably practicable, safe, without risks to health, and adequate as regards facilities and arrangements for their welfare at work.
3(1) It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety.
3(2) It shall be the duty of every self-employed person to conduct his undertaking in such a way as to ensure, so far as is reasonable and practicable, that he and other persons (not being his employees) who may be affected thereby are not thereby exposed to risks to their health and safety.
Whereas the duties under the Regulations are absolute, those under the Act are only "so far as is reasonably practicable".
Under the heading of the Act, the Code continues to explain the criteria by which compata bility of multiloads must be assessed and advises on the procedures to be adopted while loading or discharging dangerous substances.
An appendix to the Code provides a bulk chemical compata bility guide listing thE substances alphabetically anc by chemical groupings.
The Code is essential readinc, for all connected with the move merit by road of dangerou materials.