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In last month's edition, Hentie van
Jaarsveldt, FleetWatch's correspondent on Dangerous Goods, dealt with the responsibilities of the Consignor and the Operator in terms of the Operational Requirements for Road Vehicles contained in SANS 10231-2006. In this article - Part 2 of the Series - he takes a look at the responsibilities of the driver and the consignee which are considerable and can carry serious consequences in the event of non-compliance.
Part 1 of this series hopefully provided an insight into the stringent requirements that are placed on the shoulders of the consignor and the operator. As I tried to illustrate, SANS 10231 is not a document to be taken lightly.
However, due to the generic nature and wideness of many of the requirements, one needs to take careful note of what is actually meant and what the consequences of non-compliance may be.
At this point, it is prudent to dwell on two terms used in SANS 10231 as in many other standards. These terms are:
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Normative; and
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Informative
A Normative reference in the standard simply means that the referred to standard must be regarded as forming part of the standard being read. For example, SANS 10231 refers to SANS 10047 as a normative standard. It thus means that all the requirements of SANS 10047 are incorporated into the requirements of SANS 10231.
SANS 10231 takes it a step further. If one looks at Annex E of the standard (the part governing vehicle inspections), we see the word "Normative" under the heading. This means that the inspection schedules contained in Annex E will be adhered to by law, as SANS 10231 is law. If vehicles are thus not inspected according to the schedules contained in Annex E of SANS 10231, one is breaking the law!
An Informative reference is for information only and may be applied if desired. It also serves as a source of additional information and is intended to further aid the user.
Let us now look at the specific duties of the Driver and the Consignee
The driver
4.3.1 The driver will ensure that he has a valid PrDP-D and carry it on his person.
He must:
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be fit to drive
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be able to interpret the instructions contained in the transport emergency card
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have received the required theoretical and practical training
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Apart from the responsibilities of the operator in this regard, the onus is also on the driver to ensure that these requirements are met. For example, if a driver operates the vehicle and has received no training, he is equally as guilty of breaking the law as the operator!
4.3.2
This section governs the checks that the driver must perform before proceeding on a trip. Without trying to be derogatory towards drivers, it is at times difficult to get a driver to perform pre-trip inspections properly. Well, here is the tool the operator needs. If a driver does not perform the required checks and inspections in accordance with the requirements of SANS 10231, he is not only breaking company rules and procedures but also the law.
Drivers thus need to be made to understand that by not performing the checks, it is the same as breaking the speed limit or driving recklessly. What about a fatal accident being caused by an unroadworthy vehicle and the driver omitted to perform the required checks? Surely he can then be held responsible for the accident. It is tough stuff this!
In summary, the driver is responsible for:
4.3.2.2
Preliminary checks for dangerous goods operator card; roadworthiness at the start of a journey; that after every overnight stop, checks are done in accordance with annex E2 (Remember Normative!) and that the vehicle stays free from products that can contaminate the load or create a safety record.
4.3.2.3
Pre-load checks for suitability of the site; that the vehicle is positioned as directed and permission granted for loading.
4.3.2.4
Post loading checks to ensure that the required documentation (and only the required documentation!) is stowed in the designated space; that the necessary safety equipment is on board; that he understands the contents of the transport emergency cards; that the orange warnings are in place; that the vehicle is not overloaded nor under-loaded to present a safety risk; and that the load is properly secured.
4.3.2.5
En-route procedures ensuring that no passengers or unauthorised are allowed on or in the vehicle; that the agreed route and authorised stops are adhered to; that stopping takes place in safe areas so as to present no risk to other road users; that when stopped or parked, the vehicle is under constant supervision (as per the requirements of the special provisions C14 to C20. For example, a vehicle carrying UN 1203, i.e. Petrol, must remain supervised when parked or stopped if it has more than 10 000kg of product on board!); that when a mechanical breakdown occurs, the emergency services are notified and that good driving practice with anticipation of potential problems be exercised at all times
This is an absolute mouthful!
Just think about the training requirements, the quality of person needed and the consequences of non-compliance. The driver has to be trained to determine road and load-worthiness and to establish over and under loading! The operator must ensure that the driver adheres to the pre-trip and pre-load checks. Vehicles have to remain supervised when stopped and parked when loaded with many typical products being transported every day. No more stopping on the side of the road to pop into a cafe!
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DRIVER
A daily occurrence in
the life of an oil company driver - doing an unsupervised delivery
at a farm or industrial facility. Has the driver been trained and
the necessary agreements drawn up? |
The Consignee
The consignee has only two obvious duties, being:
4.5.1
Responsible for off-loading
4.5.2
Providing the dangerous goods off-loading supervisor and (unless otherwise agreed upon among the responsible parties), the qualified person(s) to carry out the off-loading procedures.
However, if we include the roles of the qualified person and the off-loading supervisor, the responsibilities become very specific with regards to the off-loading operation.
4.4.1
General - The loading and offloading operations shall be carried out by a qualified person(s) trained in the relevant procedures. The dangerous goods loading/offloading supervisor shall ensure that only trained and competent personnel perform these functions.
If we read this in conjunction with 4.5.2., with the consignee being responsible for at least supplying the off-loading supervisor (no option given for an agreement between the responsible parties), the consignee is, for instance, training the off-loading personnel. Is the consignee (say it is a farmer receiving diesel), responsible for training the typical oil company driver doing the delivery? Or do we fall back on 1.3 Note 1 where the standard allows for "Written operational agreements or arrangements to cover the loading, transportation and off-loading may be concluded by the responsible parties listed on the DGD, to confirm accepted duties and responsibilities, if deemed necessary by any of the relevant parties"?
Are such agreements in place? Have farmers relinquished such duties of the consignee by agreement with the supplying oil company? If not, will the farmer be held responsible should an incident occur due to lack of training of the driver/off-loader?
4.4.2 Requirements that relate to loading and off-loading operations
Here the off-loading supervisor is responsible for ensuring that the vehicle is correctly parked, that the engine is switched off (except for operating discharge pumps), that the area is safe and the necessary warning signs displayed, that the required safety and first aid equipment is provided, that the off-loading operation is conducted in a safe manner and that other activities in the vicinity do not pose a risk.
4.4.4 Requirements relating to off-loading operations
The dangerous goods offloading supervisor is further responsible to ensure that the cargo is correct, undamaged and that there is no obvious spillage; that the load is refused if he/she is in doubt as to whether the goods can be offloaded without risk; that the offloading operation does not proceed, if, for any reason, he/she considers it unsafe; that there is sufficient space in the tanks or bins into which the cargo is to be unloaded and that they are in a fit condition to receive the load; that the flow can be stopped immediately in case of leakage or any other emergency; that after offloading, the vehicle is free from spillage and all valves are closed; that in the case of a part load, the remaining cargo is properly secured.
Also, after offloading, that the documents reflect the change in load; that after offloading, no residue remains on the vehicle and that the vehicle is free of contamination. Also, if after offloading the vehicle cannot be certified clean, that the placards remain until cleaning of the vehicle is possible.
If we look collectively at 4.4.2 and 4.4.4, the consignee again has a number of responsibilities in terms of the responsibilities of the offloading supervisor. Again, if no agreement has been drawn up between the various parties, the consignor remains responsible for the above.
We all know how many deliveries take place with only the driver or the driver and a security guard present. Are the agreements in place? Has the training taken place and who will take the blame in the case of an incident?
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CONSIGNEE
Is this an offloading
supervisor or merely somebody signing for acceptance of the load? If
not the offloading supervisor, has an agreement been drawn up
between the parties? |
So, again..................
Is your operation in jeopardy due to non-compliance with SANS 10231 or due to a lack of training or operational agreements detailing the various responsibilities? We all know that policing of the standards is sadly lacking. But one should not wait for disaster to strike to show up the shortfalls!
Also remember that it is now too late to be dissatisfied with the onerous requirements of this and other standards. The standard is law and remains so until amended. During the development phase of such standards, you need to ensure that your opinions are heard through the organisations that represent you.
Footnote:
In our November/December edition, we will be dealing with vehicle checks, inspections and maintenance.
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