viernes, 15 de enero de 2010

SUMMARY OF REGULATIONS ON TRANSPORT OF DANGEROUS GOODS (*)

Transport of dangerous goods is a key link in the logistics chain, as there are several transport-related technical requirements which are sometimes difficult to determine and even to apply. Under Argentine law, these requirements are listed in Annex S of Transit Law [Ley de Tránsito] No. 24449, through Decree No. 779/95, and, in particular, in the technical provisions stated in Resolution No. 195/97 of the Argentine Secretary of Transport [Secretaría de Transporte de la Nación]. Each country has its own rules in place as regards this issue.

As stated in the first lines, there are many other enforcement authorities that regulate specific technical aspects, according to the kind of risk of the goods to be transported; for instance, explosives (Argentine Registry of Fireweapons [Registro Nacional de Armas, RENAR]), radioactive materials (Nuclear Regulatory Authority [Autoridad Regulatoria Nuclear, ARN]), etc.

At the MERCOSUR level, these regulatory provisions have been included in the Agreement for the Transport of Dangerous Goods by Road. Worldwide, the United Nations Recommendations on the Transport of Dangerous Goods prepared by its Committee of Experts on the Transport of Dangerous Goods establish a technical guide containing the requirements for the safe transport of all kinds of dangerous goods. In addition, radioactive goods are governed by the “Regulations for the Safe Transport of Radioactive Materials,” published by the International Atomic Energy Agency (IAEA). All international regulations governing the transport of dangerous goods are based on these UN recommendations.

The most significant international regulations are the International Maritime Dangerous Goods (IMDG) Code, of the International Maritime Organization (IMO), which governs maritime transport of dangerous goods; the Dangerous Goods Regulations (DGR), of the International Air Transport Association (IATA); the Technical Instructions (TI), of the international Civil Aviation Organisation (ICAO); and the European Agreement on Dangerous Goods by Road (ADR), of the European Union.


What does "dangerous good" mean?
Based on the criteria of dangerousness of the goods, “dangerous goods” may be defined as any article, substance or material capable of posing risks to health, safety and/or property of people, as well as the environment, when transported in commerce. In particular, Dangerous Goods are those expressly stated in the listings of transport regulations and/or complying with the criteria of some or several of the following classes of risks:


Class 1: Explosives.

Division 1.1: Articles and substances having a mass explosion hazard.
Division 1.2: Articles and substances having a projection hazard, but not a mass explosion hazard.
Division 1.3: Articles and substances having a fire hazard and either a minor blast hazard or a minor projection hazard or both, but not a mass explosion hazard.
Division 1.4: Articles and substances presenting no considerable hazard.
Division 1.5: Very insensitive substances having a mass explosion hazard.
Division 1.6: Extremely insensitive articles which do not have a mass explosion hazard.

Class 2: Gases

Division 2.1: Flammable gases
Division 2.2: Non-flammable, non-toxic gases
Division 2.3: Toxic gases

Class 3: Flammable liquids

Class 4: Flammable solids; substances liable to spontaneous combustion; substances which, in contact with water, emit flammable gases

Division 4.1: Flammable solids, self-reactive substances and solid desensitized explosives.
Division 4.2: Substances liable to spontaneous combustion.
Division 4.3: Substances which, in contact with water, emit flammable gases.

Class 5 Oxidizing substances and organic peroxides
Division 5.1: Oxidizing substances
Division 5.2 Organic peroxides.

Class 6 Toxic and infectious substances
Division 6.1 Toxic substances.
Division 6.2 Infectious substances.

Class 7 Radioactive materials
Class 8 Corrosive substances
Class 9 Miscellaneous dangerous substances and articles


Road Transport: Comparison between the ADR and Argentine Regulations

The main difference between the ADR and the Argentine law is the distribution of rules. While the European Rule includes all aspects of the processes related to the transport of dangerous goods, in Argentina, the applicable rules are scattered in different laws and Regulatory Decrees with their respective resolutions, issued by the applicable Enforcement Authority. To that regard, the most comprehensive Argentine rule regarding the technical aspects of road transport is Resolution No. 195/97 of Decree No. 779/95, regulating Transit Law No. 24449, issued by the Secretary of Transport.

However, radioactive goods and hazardous waste are also regulated by other rules and enforcement authorities. As the ADR provides a comprehensive treatment for dangerous goods, the application of those rules is preferred to the application of the Argentine rules.
Another aspect to be taken into account for the management of dangerous goods is the degree of update of the Argentine rules. Considering the constant adaptation and innovation of technologies and the daily experience with this type of goods, technical guides should evolve according to those changes and experiences.

Although the local rules of each country usually adopt the recommendations as the basis for their application, the Argentine rules have become obsolete, as they have not been reviewed to be consistent with the guidelines established in international rules. This gives rise to problems when considering packaging not mentioned in those rules or when it is necessary to dispatch goods with United Nations numbers not included in the regulation (e.g.: UN 3351, Pyrethroid pesticide, liquid, flammable, toxic.
Furthermore, the European Agreement for the Transport of Dangerous Goods by Road (ADR, 2005) has included, among other things, the Safety Adviser and regulations on informative statements of the cases involving dangerous goods. Both of them are important instruments in the Management of Dangerous Goods, which have not been included in our regulations yet.

Other very important instrument for risk management which is included in all regulations, are the Packaging Instructions specifically stated for each United Nations number. These instructions establish the types of packaging and packaging materials that may be used for each product, as well as other requirements such as marking, labelling, etc. This helps to better adapt the packaging to the product and, consequently, improves the management of the risk that the product may involve. The Argentine rules on transport of dangerous goods by road do not include the Packaging Instructions mentioned above.

There is a worldwide trend to unify both the technical criteria on classification, packaging, labelling, marking and documentation of dangerous goods, as well as the regulatory structures applicable to the different means of transport. In this context, it would be advisable to make a new revision of the provisions in force in the Mercosur in order to conform them to the international scenario.

(*) Article: "El difícil arte de la reglamentación" (The Difficult Art of Creating Regulations) prepared for the journal Enfasis Logística, published in July 2005. http://www.logistica.enfasis.com/notas/4059-el-dificil-arte-la-reglamentacion


Translated by Camila Rufino, Certified Translator



2 comentarios:

  1. People who are involved in the business of transporting goods and cargo that can be dangerous can take dangerous goods training. This will educate them about everything that they would need to know in doing their jobs properly, safely and efficiently.

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  2. Well, there are various tdg training that can be use in aiding people to be guided into transporting goods to other areas in their locations.

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