Dangerous Goods Compliance ADR
Companies that transport dangerous goods or are assigned as participants of the dangerous goods ordinance ADR for road, rail and inland waterway transport or the dangerous goods ordinance for the sea must appoint at least one dangerous goods officer. Companies that deal in, store, hand over or pack dangerous goods must also order a dangerous goods adviser.
Our Services acc. Dangerous Goods Directive ADR (Road)
To determine the compliant operating time of an external dangerous goods officer (road) or in combination with any other ordering obligations, please contact our experts.
Further information on dangerous goods is provided below
Calculation of operating times for an external dangerous goods assignment
The annual operating times for dangerous goods officers are calculated in the same way as for an environmental officer. The amount of the operating times of environmental care assignments to be determined depends on the following criteria:
- Company risk classification
- Commission area
single assignment or multiple assignment with other departments
- Excellence orientation
are there already relevant environmental certifications according to EMAS or ISO 14001,50001
- Single or multi-site organisation
in case of a site-management, please indicate the locations of the sites
- Number of aspects
number of dangerous goods classes, annual quantities
in case of site-management, please indicate the number of employees involved in dangerous goods activities for each site
In the field of occupational health and safety, the service times of the occupational safety specialists and occupational health care can be precisely determined by the requirements of the employers' liability insurance associations. In the area of environmental protection commissions, the necessary service hours are to be determined more problematically, especially in the case of multiple commissions, e. g. immission control and dangerous goods commissions. However, the proof of a plausible determination is certainly a point of discussion in an official dispute or an audit criterion in an environmental audit according to ISO 14001 or EMAS, or an occupational health and safety audit according to ISO 45001.
Companies that transport dangerous goods or are assigned as participants of the dangerous goods ordinance for road, rail and inland waterway transport or the dangerous goods ordinance for the sea must appoint at least one dangerous goods officer. Companies that deal in, store, hand over or pack dangerous goods must also order a dangerous goods adviser.
Exemption from ordering
- carriage of dangerous goods in limited quantities not exceeding the limits specified in marginal 10 011 of the Annex to ADR (184.108.40.206 ADR).
- not more than 50 metric tons of net dangerous goods for internal use in the performance of operational tasks per calendar year
- Exclusive reception of hazardous goods (see special conditions for handling waste)
- Exclusive obligations as driver, skipper, consignee, manufacturer and reconditioner of packaging.
- Exclusive unloading of dangerous goods of not more than 50 tonnes net per year
Pursuant to § 3 (1) GbV and subsection 220.127.116.11.3 ADR/RID/ADN, the scope of activities of a dangerous goods officer comprises..:
- monitoring compliance with the rules on the transport of dangerous goods.
- Advising those responsible for the activities related to the transport of dangerous goods.
- Preparation of an annual report for management or, where appropriate, for a local authority.
In addition, the duties of the Dangerous Goods Officer include, in particular, the verification of the following procedure or procedures with regard to the activities concerned:
- Procedures to ensure compliance with the rules for identifying the dangerous goods carried
- Consulting of action to take account of the special requirements relating to the dangerous goods carried when purchasing means of transport
- Procedures to check the materials used for the carriage of dangerous goods or for loading or unloading
- Adequate training of the company's employees concerned and a reference to that training in the personnel file
- Carrying out appropriate immediate measures in the event of any accidents or incidents which may endanger safety during the transport of dangerous goods or during loading or unloading
- Conducting investigations and, where necessary, preparing reports of accidents, incidents or serious infringements detected during the carriage of dangerous goods or during loading or unloading
- Introduction of appropriate measures to prevent the recurrence of accidents, incidents or serious infringements
- Consideration of legal regulations and special requirements for the transport of dangerous goods in the selection and use of subcontractors or other third parties
- Checking whether the personnel responsible for the transport of dangerous goods or loading or unloading of dangerous goods have detailed instructions and instructions
- Introduction of measures to provide information on the risks involved in the transport of dangerous goods or in the loading or unloading of dangerous goods
- Introduction of measures to check the presence of and compliance with the documents and safety equipment to be carried in the means of transport
- Introduction of procedures to verify compliance with loading and unloading rules
In the case of training courses, learning success checks (ToU Test of Understanding) can be carried out in order to ensure the success of knowledge transfer, if desired. There is no explicit requirement in dangerous goods law for a document that goes beyond mere participation in the list of participants of a training course. A sustainable illustration of the success of instructions is currently only shown in the Hazardous Substances Ordinance.
ToU´s are not part of the contractually owed work performance of the employees and is therefore not subject to an employee assessment or even labor court application.
In this respect, a ToU is only permissible insofar as it reflects the success of a binding occupational safety and health instruction under consideration, whereby in the case of recognisable deficits, the relevant instruction is to be continued, i. e. not yet completed. Depending on the works agreement, a written assessment of learning success requires the approval of the works council or staff council.
This is completely subject to change without notice for trainings in the area of dangerous goods. If an illustration of the training success is desired, e. g. for verification by authorities or for certifications according to ISO 14001 or OSHAS 18001, this can be offered as an option. A TuO refers only to the taught area and must be made anonymous. If the success rate falls short of the target, the training must be adapted to the deficit and repeated. The consent of a staff council or works council should be obtained prior to the introduction of a learning success control procedure.
Instruction refers to the transfer of information and skills required by law in the field of occupational safety and health.
This form of imparting knowledge and skills is used to prevent personal injury and property damage in the activities of the target group concerned.
The term briefing is not used in legal regulations and is therefore only to be understood as a part of instruction. Employees are only familiarized in company events, e. g. in specific work processes and in the direct safety measures at the local, defined work system.
Accordingly, instruction includes one or more briefings but not vice versa.
The term training refers to a non-binding qualification measure at the discretion of the company.
Not insignificant is the presence of dangerous substances, which are not depicted as hazardous goods in the daily business of transport. This is often the case with mirror entries in the AVV for various types of waste. Reflector entries are defined as types of waste in the Waste List Ordinance (AVV) which, depending on the specific individual case, are to be regarded as hazardous or in another form as not dangerous. All types of waste classified as hazardous in the SAB (European Waste List) are indicated by an asterisk (*) after the waste code number. In addition to the generally hazardous or non-hazardous waste, the SAB contains so-called "mirror entries".
These concern waste streams for which a classification shall be carried out on a case-by-case basis depending on the content of hazardous ingredients or properties. Examples of mirror entries:
- 16 01 11* Brake linings containing asbestos
- 16 01 12 Brake linings other than those covered by 16 01 11
- 040219* Sludge from in-house waste water treatment containing hazardous substances
- 040220 Sludge from in-house waste water treatment other than those covered by 04 02 19
In total, the AVV catalogue Annex II contains more than 200 mirror entries. As a result of the innovations in waste legislation with regard to environmentally hazardous substances, an assessment by a dangerous goods officer of the company is particularly important for the transport of waste. We therefore also support you in the area of exemption approvals for the transport of dangerous goods and evaluate the subtances to be transported for dangerous goods classification.
Many companies only have to appoint a dangerous goods safety officer on the basis of their waste, which they fill or pack into containers and deliver or send off, although the GbV contains a number of exemption criteria.
According to waste legislation, hazardous waste is not automatically "dangerous goods according to ADR. If a waste is classified as hazardous material on the basis of its properties, its disposal is subject to both waste and hazardous goods legislation.
Reception of dangerous goods
An actual exception for establishments which only receive dangerous goods is only if the received dangerous goods are transformed by the operating process into products and residual materials which are not to be classified as dangerous goods when transported by the company to the customers. If products and residues are to be classified as hazardous goods again or unchanged, the company appears as the sender/filler/loader/packager of the produced goods or waste.
Transport of max. 50 t/a "for own use in compliance with operational tasks
Within the framework of the tradesmen's rule, the company waste disposal does not fall within the scope of this rule, as this does not reflect the coverage of "own requirements". The transport procedure for waste disposal is not the main activity of the workshop, even if the company transports its own waste. This does not apply to the taking back of normal waste from the construction site to the plant.
Limited quantities of carriage in accordance with ADR 18.104.22.168
Transportation in accordance with Chapter 3.4 of ADR ("Limited Quantities") is largely irrelevant for operational waste disposal. However, the reference to subsection 22.214.171.124 of ADR, in which the so-called 1000-point limit is defined, is relevant. As a result, certain dangerous goods can be transported in quantities of up to 20,333 or 1000 litres or kilograms under simplified boundary conditions, i. e. without the need to appoint a dangerous goods officer.
Training obligations independent of ordering obligations
If a company falls under one of the above-mentioned exceptions and therefore does not need to appoint a dangerous goods officer, § 6 of the GbV must nevertheless be observed. Section 6 of the GbV stipulates that "authorised persons or other responsible persons - must have sufficient knowledge of the regulations governing the carriage of dangerous goods relevant for their area of responsibility". (see also notes on training courses)
QHSE Compliance Division Europe