Unsure Whether You Need a DGSA?
Many businesses handle, consign, transport or receive Dangerous Goods without thinking of themselves as a “Dangerous Goods company”.
You might manufacture products containing Dangerous Goods, import chemicals, distribute medicines, send batteries, transport waste, supply gases, use Dangerous Goods as part of your business operations — or simply arrange for a carrier to collect them on your behalf.
This is where things can become confusing.
Under ADR, organisations involved in the consignment or carriage of Dangerous Goods, and certain organisations involved in the related loading, packing or filling activities, may have a legal requirement to appoint a Dangerous Goods Safety Adviser (DGSA). There are, however, exemptions and specific circumstances where a DGSA may not be required.
For businesses trying to determine whether the requirement applies to them, this can create a number of potential problems:
Not realising that you are involved in the transport of Dangerous Goods — you don't necessarily need to own a fleet of vehicles or employ drivers to have responsibilities under the Dangerous Goods regulations. If your business consigns Dangerous Goods or arranges for them to be transported, you may have responsibilities as part of the transport chain.
Assuming that using a third-party carrier removes your responsibilities — employing a specialist transport company does not automatically mean that the consignor has no Dangerous Goods responsibilities. The different parties involved in a consignment can have their own legal duties.
Knowing whether your products are Dangerous Goods — chemicals, gases, batteries, aerosols, paints, fuels, medicines, infectious substances and many other products can fall within the Dangerous Goods regulations. Sometimes the classification is not obvious from the product name or Safety Data Sheet alone.
Understanding whether an exemption applies — ADR contains a number of exemptions and special provisions that can affect whether the full requirements apply. These can depend on the type and quantity of Dangerous Goods, how they are packaged, how they are transported and the nature of the operation.
Knowing whether your quantities are significant — some businesses assume that because they only move small amounts, they automatically fall outside the requirement to appoint a DGSA. This isn't necessarily the case. The applicable requirements depend on the specific circumstances and the Dangerous Goods involved.
Understanding the difference between handling Dangerous Goods and transporting them — businesses may use Dangerous Goods within their own premises without being subject to the same transport requirements. However, once those goods are being consigned or carried on a public road, a different set of legal responsibilities can apply.
Dealing with Dangerous Goods waste — organisations producing waste such as chemicals, contaminated materials, batteries, aerosols or other hazardous products may have both waste-management and Dangerous Goods transport responsibilities. Determining whether a DGSA is required can therefore be particularly complicated.
Knowing whether Limited or Excepted Quantity provisions affect the requirement — certain Dangerous Goods can benefit from specific transport reliefs when shipped in Limited or Excepted Quantities. However, these provisions do not automatically mean that all Dangerous Goods responsibilities disappear.
Understanding the responsibilities of a DGSA — a DGSA is not simply someone who holds a Dangerous Goods qualification. Where the appointment requirement applies, the DGSA has specific responsibilities for advising on the safe transport of Dangerous Goods, investigating incidents, monitoring compliance and preparing an annual report for the organisation.
Knowing when you need a DGSA rather than simply Dangerous Goods training — training can give employees the knowledge needed to perform their specific roles, but it does not replace the legal requirement to appoint a DGSA where an organisation falls within the relevant requirements.
Knowing what happens if you don't comply — failing to appoint a DGSA when required can leave an organisation exposed to regulatory action and, more importantly, can mean that important Dangerous Goods safety and compliance responsibilities are not being properly managed.
Knowing whether your existing DGSA arrangements are still appropriate — businesses change. New products, new customers, new suppliers, different transport arrangements, increased quantities or additional sites can all affect whether the original DGSA arrangements remain suitable.
Knowing whether your DGSA has the right scope — the DGSA needs to hold the appropriate vocational qualification for the Dangerous Goods classes and modes of transport relevant to the organisation's activities. A business may therefore need to check that its existing arrangements adequately cover everything it does.
Keeping track of changing regulations — Dangerous Goods regulations are updated regularly. Even where an organisation has historically not needed a DGSA, changes to its operations or the regulations can alter its position.
The problem is that it isn't always obvious whether the DGSA requirement applies to your business.
You may have a legal obligation without realising it — or you may be spending time and money on arrangements that aren't actually necessary.
The good news is that you don't have to work it out alone.
Roadsafe can review your activities, Dangerous Goods, quantities, transport arrangements and existing procedures to help establish whether you need a DGSA and what level of support is appropriate for your business.
If you already have a DGSA, we can also help you review whether your current arrangements remain appropriate as your business and Dangerous Goods activities change.
Explore our DGSA consultancy, Dangerous Goods compliance audits and training solutions below to find out how we can help.