DANGEROUS SUBSTANCES
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SOME CONFUSION crept into your article "Danger regs delayed" (CM, September 7). The Road Tanker Regulations arc enforced on the road solely by the police. They do not, therefore, also act as the Health and Safety Executive's "eyes and ears" as your article suggests, since, if any immediate action is required, the police have the necessary powers to take it without formal reference to us. It is only when responsibility for enforcement on the roads is eventually transferred to the Health and Safety Executive, and when the Dangerous Substances (Conveyance by Road in Packages etc) Regulations are made, that the police will be asked to act as our "eyes and ears" % noting and reporting to us possible breaches of the regulations during the course of their normal duties. It follows, therefOre, that the Dartford Tunnel roadside enforcement exercise was carried our by the Kent Police and not ItSE as you state in the story.
We can confirm there has been a delay in the final drafting of the Dangerous Substances (Conveyance by Road in Packages etc) Regulations as a result of discussions concerning their
enforcement. These discussions are now complete and it is expected that the regulations will be submitted to the Health and Safety Commission and the Secretary of State for Transport early in the new year.
Referring to the last paragraph, compliance with the new Classification, Packaging and Labelling of Dangerous Substances Regulations 1984 is a duty placed on the consignor or supplier of the substance. Normally this duty would not fall on the haulier, and he would not be prosecuted for an offence, unless he was at the same time the consignor of the substance.
Finally, we hope ignorance of the CPL Regulations is not as widespread as sonic suggest, since our efforts to publicise the fact that they arc coming into operation substantially at the beginning of next year have been considerable. As the chairman of the Health and Safety Commission, Dr John Cullen said, only two weeks ago, time is running out fast for those with duties under the regulations. If any readers have doubts about theirs at this late stage, they should contact HSE for more details. By January I, 1986, it may be too late.
Colin Bennett
Senior press officer Health and Safety Executive London NW1