Carriage of Dangerous Goods – DGSA Duties

The carriage of dangerous goods by road in the UK is regulated by:

• ADR (The European Agreement concerning the International Carriage of Dangerous Goods by Road)
• The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 which sets the legal framework for ADR in the UK

These provide for the appointment of a dangerous goods safety adviser where the activities of an undertaking include carriage, or the related packing, loading, filling or unloading, of dangerous goods by road’. That adviser must hold a vocational training certificate which expires after five years and can only be extended for a further five years by passing an examination.

There are limited exceptions to ADR requirements where certain weight thresholds are not breached or where the main or secondary activities of the company are not the carriage or loading and unloading of dangerous goods (for example where a recovery vehicle is recovering a vehicle carrying dangerous goods).

It is the task of the adviser to monitor compliance with the regulations, advise on the carriage of dangerous goods and to prepare an annual report for the management of the organisation. An adviser is also required to monitor various practices and procedures with regards to the identification of dangerous goods being transported, how the transport is purchased and organised, procedures for checking equipment, the proper training of employees, and implementation of emergency procedures in the event of any accident or incident. Also the procedures for investigating and preparing reports on serious accidents or incidents and the measures taken to avoid recurrence of such events must be monitored, as must the provision of instructions, measures taken to increase awareness of risk, the implementation of verification procedures to ensure compliance and the existence of a security plan.

It is also the duty of the DGSA to prepare a report whenever an accident ‘…affects persons, property or the environment or results in damage to property or the environment during carriage, loading or unloading carried out by the undertaking…’. This is in addition to any report which the management of the undertaking may be required to produce.