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Past Issues

August 2005

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Freightpak is a specialised Dangerous Goods logistics company and a division of JSE-listed Value Logistics. FleetWatch asked Freightpak director, Martin Kennedy for his thoughts on issues driving the DG industry. In this article, he outlines a few considerations of key importance in the discussion on compliance with Dangerous Goods legislation.
 

Lack of knowledge/training vs. unwillingness to comply 
Due to the fact that the onus for safe transportation of dangerous goods previously fell squarely on the shoulder of the transporter, consignors are sometimes unaware of their current responsibilities in this regard. Their understanding of legislation is sometimes lacking, although this can be combined with an attitude of disregard for the legal ramifications of non-compliance. Some consignors are not well informed and/or choose to ignore legislation pertaining to the distribution of their goods.

Packaging of dangerous goods
We have noticed that certain consignors adopt a more responsible approach to packaging of dangerous goods, thereby demonstrating to us a higher level of care towards the environment and a greater awareness of the consequences of an incident when the cargo is in transit. Better quality of product packaging increases unit cost due to higher distribution costs. However, it is a wise step in the long-term as the effect on cargo of exposure to the elements in varying degrees and vehicle movement during transit generates conditions which are vastly different to that of its stationery, protected status in a warehouse.

Input on safe transportation
Proper briefing on the nature of the product and requirements for safe transportation are crucial. Valuable cargo is sometimes carefully handled at the consignor's manufacturing/storage facility in a controlled environment with highly qualified back-up staff and then handed over for transportation with very little constructive input from the consignor to ensure safe transportation. The consignor no longer feels responsible for the cargo and pays inadequate attention to detail when briefing the transporter, which could lead to an oversight that may have been avoided if due consideration had been given by those who are familiar with the cargo. Disastrous consequences could arise from this negligent attitude.

Clearing & Forwarding Agents
It transpires fairly regularly that international containers are brought into the country by clearing and forwarding agents who then entrust the transportation of these containers to a supplier that is not registered as a dangerous goods transporter. 

Monitoring & prosecution of offenders by authorities
Some operators transporting dangerous goods fail to comply in any way with legislation and thus don't indicate whatsoever that cargo is hazardous. These offenders - although the most serious - are difficult to identify. The authorities seem to concentrate more on prosecution of operators contravening the Act in limited ways instead of exerting additional effort to "flush out" those operators going totally "incognito". In addition, investigations conducted by Freightpak have proven that some operators are using incorrect or outdated contact details on vehicle placarding. Details sometimes have no relevance to the vehicle on which they appear or the operation in execution, or they are not accessible on a 24-hour basis. This is of major concern in the event of an incident occurring en route as emergency services would not be able to contact the operator to inform them of the incident or clarify any details regarding the vehicle, driver or cargo. 

Freightpak prides itself on being fully compliant with dangerous goods legislation. However, the cost and attention to detail that this requires puts us at a competitive disadvantage to those operators offering the same services without the necessary registration and safety measures.

Revisions to existing legislation 
Revisions (e.g. Tremcards and legal ownership of Dangerous Goods at particular times in the supply chain) are part of the ongoing process of fine-tuning legislation to better address the industry's inherent characteristics. Legislation is thus adapted to better serve and regulate all parties involved. It is vitally important that operators, consignors and consignees are aware of pending and recommended revisions in order to offer constructive input and put steps in place to comply with revisions at their earliest convenience.

Environmental Insurance
Legislation calls for "adequate" environmental insurance but many consignors and operators are ignorant of and/or indifferent to the extent of the impact on the environment when an incident occurs. Who foots the bill in the unlikely event of an incident is also a contentious issue. Complete, immediate environmental clean-up by qualified personnel is a matter of absolute necessity and urgency. Even something as seemingly innocuous as cooking oil becomes extremely hazardous when exposed to flame or spilled over Van Reenen's Pass. 

Freightpak is very particular regarding measures taken for the protection and preservation of the environment, especially in relation to any incident that may occur as a direct result of our activities. We have R50-million cover for environmental insurance and insist on acting as a responsible champion for environmental care when the situation warrants such actions. 

We have appointed clean-up companies on a national basis to assist us should such an incident occur and are in regular contact with emergency services to ensure they are familiar with our operations and considerations necessary for dealing with the cargo we transport.

Driver training, check-ups and PPE 
The correct handling of dangerous goods is built on a sound knowledge of and respect for HSE principles. Risk awareness is of utmost importance to ensure consistently safe conditions. Identifying risks enables us to put measures in place to avoid dangerous goods giving rise to dangerous consequences:

Driver training: Ongoing training is undertaken in-house and through the relevant institutions with our own Driver Training Academy.

Medical check-ups: These are done 6-monthly and any findings are acted on immediately

Personal protection Equipment: Dealing with Dangerous Goods in packed form can mislead the person handling the product as to the hazardous nature of this product. Training and risk awareness are particularly critical here to reinforce the need for the correct procedures and personal protection equipment.

Referendum on Dangerous Goods
WITH ALL THE issues plaguing the DG industry it makes sense to hear from you, the FleetWatch reader what your opinion is of DG legislation, compliance and enforcement. With sufficient responses, we can approach the NDoT and lobby for better handling of DG legislation.
• Do you think the NDoT is doing its job effectively with regards to promulgating new DG law?	YES/NO
• Are consignors complying with DG law?	YES/NO
• Do you find DG legislation confusing?	YES/NO
• Do you think certain DG Codes of Practice contradict each other?	YES/NO
• Do you battle to get suitable DG training?	YES/NO
• Do you struggle to find qualified DG drivers?	YES/NO
• Do you consider Trec cards replacing Tremcards a rip-off?	YES/NO
• Are traffic officials sufficiently knowledgeable to enforce DG legislation?	YES/NO
Fax or email your replies to FleetWatch on fax number (011) 794-1474 or email to fleetwatch@pixie.co.za. Let’s hear from you.