🎧 New: AI-Generated Podcasts Turn your study notes into engaging audio conversations. Learn more

Loading...
Loading...
Loading...
Loading...
Loading...
Loading...
Loading...

Full Transcript

Part 1 Agenda Introduction to TDG Exemptions Classification Documentation Safety Marks, Labeling and Packaging Requirements Schedules 1, 2 and 3 AN ACT TO PROMOTE PUBLIC SAFETY Each year more and more dangerous goods are moved across Canada by road, rail...

Part 1 Agenda Introduction to TDG Exemptions Classification Documentation Safety Marks, Labeling and Packaging Requirements Schedules 1, 2 and 3 AN ACT TO PROMOTE PUBLIC SAFETY Each year more and more dangerous goods are moved across Canada by road, rail, sea and air. These shipments range from industrial chemicals to manufactured goods and, while indispensable to our modern way of life, they can pose a threat if not handled safely. Federal and provincial legislation provide for the regulation of an extensive list of products, substances or organisms classified as dangerous. Events Prompting Regulatory Change A train carrying vinyl chloride and nine other hazardous chemicals flew off the rails and started a massive fire just outside East Palestine Ohio. TDG ACT What is TDG? TDG ACT The purpose of the Transportation of Dangerous Goods (TDG) Act and Regulations is to promote public safety when dangerous goods are being handled, offered for transport or transported by road, rail, air, or water (marine). TDG also establishes safety requirements. TDG ACT The TDG Act and Regulation – Clear Language consists of 16 Parts and 3 Schedules The Transportation of Dangerous Goods (TDG) Regulations are broken down as follows;  Part 1 Exemptions  Part 9 Road  Part 2 Classification  Part 10 Rail  Part 3 Documentation  Part 11 Marine  Part 4 Safety Marks  Part 12 Air  Part 5 Means of Containment  Part 13 Protective Direction  Part 6 Training  Part 14 Safety Permits  Part 7 Emergency Response Plans  Part 15 Court Orders  Part 8 Reporting Requirements  Part 16 Inspectors  Part 17 Site Registration Requirements TDG ACT Schedules contained within the Act and Regulations  Schedule 1 List of Dangerous Goods  Schedule 2 Special Provisions  Schedule 3 Alphabetical Index  The Regulations often contain updates and Amendments. More information about Transport Canada’s Transportation of Dangerous Goods Program can be found at the following link: http://www.tc.gc.ca/eng/tdg/safety-menu.htm *Add link a copy of Schedule PDF TDG ACT – Offences & Punishment To ensure compliance with the federal regulations, Transport Canada inspectors inspect businesses that handle, offer for transport and transport dangerous goods TDG ACT – Offences & Punishment ▪ Failure to follow rules may result in a charge being laid under the (TDGR) Transportation of Dangerous Goods Regulations ▪ Provincial inspectors also enforce the TDGR by road and include weigh scale operators, designated dangerous goods inspectors and local law enforcement officers. Inspectors have authority To demand immediate corrective measures Can search, seize and hold shipments (without warrant) Copy documentation Refuse entry of illegal shipments TDG ACT – Offences & Punishment Fines and Penalties ▪ Up to $50,000 for first offense ▪ Up to $100,000 for subsequent offenses ▪ Imprisonment up to two years ▪ Compensation up to $1,000,000 per infraction ▪ Charges can be laid within 2 years ▪ Each day is a separate offense ▪ Due diligence defense CFR-49 USA – Offences & Punishment The new minimum and maximum civil penalty figures are effective as of January 11/2022. For hazmat violations related to vessels, the maximum civil penalty increased from $84,425 to $89,678 per day, per violation. For violations that result in death, serious injury, or substantial property damage, the maximum civil penalty increased from $196,992 to $209,249 per day, per violation. The minimum civil penalty for a hazmat training violation increased from $508 to $540 per employee, per day. TDG ACT – Offences & Punishment Direction to Remedy Non-compliance When an inspector directs a person, under subsection 17(3) of the Act, to take necessary measures to remedy non-compliance with the Act and these Regulations, that inspector will deliver to that person a Notice of Direction to Remedy Non- compliance in the form following this section. The Inspector will sent a time-line e.g. 30 - 45 days to remedy the non-compliance issues. TDG ACT – Offences & Punishment Inspections activities, results and statistics for 2019-2020 TDG conducted 5,313 inspections - with 4,965 inspections at TDG sites and 348 inspections at MOC facilities – of the 5,881 inspections anticipated for the fiscal year. These inspections found 5,060 non-compliances, resulting in a variety of enforcement actions and risk reductions measures. Public Interest Ministerial Directions / Suspension Orders / Verbal Written Detention / Notices / / Interim Warning Warning Ticket Grounding Orders Cancelation Orders 4,652 57 40 70 34 2 1 TDG ACT – Offences & Punishment TDG's annual Compliance Estimation Program, a survey of known TDG sites that are regulated under the TDG Act and the TDG Regulations, estimates that 48% of TDG industry was non-compliant in 2019-2020, which represents a 5% drop from 2018-2019 and a 14% drop from 2015-2016. According to the results of the Compliance Estimation Program, Part 3 (documentation) and Part 6 (training) of the TDG Regulations, report the highest levels of non-compliance (34% and 22%, respectively). TDG ACT – Offences & Punishment A new algorithm for risk scoring and a refined approach for prioritizing inspections based on risk will be developed, which will be implemented as part of the National Oversight Plan for 2022-2023. Similar to previous years, an on-site follow-up inspection is considered necessary when there is an identified increased risk to public safety (i.e., the number and severity of non- compliances exceed the defined threshold and suggest that there is a systemic issue indicative of a weak ‘safety culture' at the site). TDG ACT – Offences & Punishment Responsibilities Inspector's roles include: Conducting facility inspections on consignor and carrier companies that handle, offer for transport or transport dangerous goods Providing technical support to emergency response teams at dangerous good incidents Providing technical support to Albertans involved in the offering, handling or transporting of dangerous goods Monitoring registered highway tank facilities ensuring their compliance to conduct functions in accordance with their Transport Canada Certificates of Registration and to the dangerous goods legislation Providing advice to industry for dangerous goods compliance on an ongoing basis Liaising with Transport Canada Dangerous Goods Inspectors Responsibilities employer means a person who (a) employs one or more individuals; or (b) provides the services of one or more individuals and from whom the individuals receive their remuneration. Responsibilities Provide adequate training Follow the regulations to ensure proper classification Prohibit handling of non-compliant goods Ensure proper documentation Ensure safety marks are properly display Report incidents while in care and control Responsibilities Prohibition — means of containment 5.1 No person shall design, manufacture, repair, test or equip a means of containment used or intended to be used in importing, offering for transport, handling or transporting dangerous goods unless the person complies with all safety requirements that apply under the regulations. Responsibilities  The shipper (consignor) is obligated to ensure that the dangerous goods to be shipped are: classified packaged marked and label documented Register an emergency response plan (when required)  The shipper (consignor) is also obligated to give a copy of the shipping documents to the carrier and to provide placards, if required. Responsibilities The driver (carrier) is obligated to check the shipment before accepting it by doing the following; attach placards if required; maintain or replace safety marks, if necessary; to carry and deliver the shipping documents with the dangerous goods. The consignor and the carrier are obligated to report any spills or leaks that occur while they possess the goods; and to keep a copy of the shipping documents for two years. There’s 50 different exemptions in Part 1, e.g. part’s 1.17 LTD QTY’s, 1.17.1 Exempted quantities, 1.26 Emergency response exemption, 1.33 General flammable liquid Exemption. 1.36 Class 3, Flammable Liquids, Alcoholic Beverage and Aqueous Solution of Alcohol Exemption. Introduction & Exemptions  Certain restrictions may apply to this exemption, consult with Part 1 of the TDG Regulations. ◦ Road, rail or domestic ship (does not apply to air) ◦ Gross mass less than 30 kg. ◦ Quantity and concentration available to general public commercial or industrial use ◦ Limitations on explosives ◦ Not applicable to class 7 (radioactive) ◦ Maximum quantity per shipment of 150 kg. Introduction & Exemptions Introduction & Exemptions What is a ”Limited Quantity” and how does this exemption work?  Limited Quantities are still a hazardous material that has been given an exemption and is usually a small quantity of dangerous goods to which the general public normally has access, such as aerosol sprays and small cans of paint.  Limited Quantity is a package that has a gross mass not greater than 30 kg.  Rules MUST be followed Introduction & Exemptions What is a ”Limited Quantity” and how does this exemption work?  Since dangerous goods cannot all be shipped as limited quantities, you need to consult Column 6(a) of Schedule 1. You must not ship dangerous goods as a "limited quantity" when the index in Column 6(a) is "0". Col.6a Col.8 Col.9 Col.2 Col.4 Col.6b Col.1 Col.3 Col.5 Explosive Limit Col.7 Passenger Passenger Carrying Road Shipping Name and Packing Group / Excepted UN Number Class Special Provisions and Limited ERAP Index Carrying Vessel Vehicle or Passenger Carrying Description Category Quantities Quantity Index Index Railway Vehicle Index UN3481 LITHIUM ION 9 34 0 E0 5 kg SOR/2017-137 BATTERIES 123 CONTAINED IN 137 EQUIPMENT 138 (including lithium ion 159 polymer batteries); or LITHIUM ION BATTERIES PACKED WITH EQUIPMENT (including lithium ion polymer batteries) Introduction & Exemptions Dangerous goods products under the Limited Quantity exemption Part 1.17, never require dg paperwork. Section 14 – Transportation Information DOT Surface Shipping Description: ▶ UN1950, Aerosols, 2.1 Ltd. Qty ▶ (Note: Shipping Papers are not required for Limited Quantities unless transported by air or vessel – each package must be marked with the Limited Quantity Mark) ▶ IMDG Shipping Description: UN1950, Aerosols, 2.1, LTD QTY ICAO Shipping Description: UN1950, Aerosols, flammable, 2.1 ▶ NOTE: WD-40 Company does not test aerosol cans to assure that they meet the pressure and other requirements for transport by air. We do not recommend that our aerosol products be transported by air. Introduction & Exemptions Col.9 Col.6a Passenger Col.2 Col.4 Explosive Col.8 Carrying Road Col.5 Col.6b Col.1 Shipping Col.3 Packing Limit Col.7 Passenger Vehicle or Special Excepted UN Number Name and Class Group / and Limited ERAP Index Carrying Passenger Provisions Quantities Description Category Quantity Vessel Index Carrying Index Railway Vehicle Index UN1950 AEROSOLS 2.2 80 0.125 L E0 75 L containing (5.1) compressed oxygen Col.9 Col.6a Passenger Col.2 Col.4 Explosive Col.8 Carrying Road Col.5 Col.6b Col.1 Shipping Col.3 Packing Limit Col.7 Passenger Vehicle or Special Excepted UN Number Name and Class Group / and Limited ERAP Index Carrying Passenger Provisions Quantities Description Category Quantity Vessel Index Carrying Index Railway Vehicle Index UN1950 AEROSOLS, 2.1 80 1L E0 75 L flammable 107 Introduction & Exemptions Most aerosols can be shipped as an LTD QTY Introduction & Exemptions WD40 SDS Section: 14. Ground: UN NUMBER: UN1268 UN PROPER SHIPPING NAME: Petroleum Distillates, n.o.s. TRANSPORT HAZARD CLASS(ES): 3 PACKAGING GROUP: III Introduction & Exemptions Column 6(a) indicates the LTD QTY index UN1268 PETROLEUM 3 I 92, 150 0.5 L E3 Forbidden 1L DISTILLATES, N.O.S.; or II 91, 92, 150 1L E2 5L PETROLEUM PRODUCTS, III 91, 92, 150 5L E1 60 L N.O.S. Introduction & Exemptions SDS Section 14 Formic Acid UN-No UN Proper Shipping Hazard Sub PG 1779 Name FORMIC Class Class ACID TDG Formic acid 8 3 II UN 1779 IATA Formic acid 8 3 II UN 1779 IMDG Formic acid 8 3 II UN 1779 Introduction & Exemptions Col.9 Passenger Col.6a Carrying Col.4 Explosive Col.8 Road Col.2 Col.5 Col.6b Col.7 Col.1 Col.3 Packing Limit Passenger Vehicle or Shipping Name and Special Excepted ERAP UN Number Class Group / and Limited Carrying Vessel Passenger Description Provisions Quantities Index Category Quantity Index Carrying Index Railway Vehicle Index UN1263 PAINT (including paint, 3 I 59 0.5 L E3 Forbidden 1L lacquer, enamel, stain, 142 shellac, varnish, polish, liquid filler and liquid lacquer base) II 59 5L E2 5L with not more than 142 20% nitrocellulose, by mass, if the nitrogen content of the III 59 5L E1 60 L nitrocellulose is not 142 more than 12.6%, by mass; or PAINT RELATED MATERIAL (including paint thinning or reducing compound) with not Introduction & Exemptions As per subsection 1.17(5) of the TDGR, only the following marks for a limited quantity are accepted: Introduction & Exemptions  Containers must be constructed so that, under normal handling/transport conditions, there will be no accidental release of the dangerous goods.  All Limited Quantity/Consumer Commodity packages must be legibly marked with a label as illustrated below. Introduction & Exemptions  Excepted quantities are classified as very small quantities of dangerous goods  This exemption was created to enable shippers to send small amounts of dangerous goods to their vendors without documentation, hazard class labels or UN packaging  To confirm if your product meets the requirements for Excepted Quantity – you must consult Table 3.3 in the Regulations in Part 1.17.1 Introduction & Exemptions This table shows the excepted quantities. Column 2 Column 1 Maximum net quantity per Maximum net quantity per outer means of Alphanumeric Code inner means of containment (in g for containment (in g for solids and mL for liquids solids and mL for liquids and gases, or sum of g and and gases) mL in the case of mixed packing) E0 Not permitted as Excepted Quantity E1 30 1000 E2 30 500 E3 30 300 E4 1 500 E5 1 300 Introduction & Exemptions Col.6a Explosive Col.6b Limit Excepted and Limited Quantities Quantity Index 0 E0 Introduction & Exemptions Packages containing excepted quantities of dangerous goods prepared in accordance with this Chapter must be durably and legibly marked with the mark shown. The primary hazard class or, when assigned, the division of each of the dangerous goods contained in the package must be shown in the mark. Where the name of the shipper or consignee is not shown elsewhere on the package this information must be included within the mark The primary class or, when assigned, the division number(s) must be shown in this location The name of the shipper or of the consignee must be shown in this location if not shown elsewhere on the package Introduction & Exemptions Introduction & Exemptions Introduction & Exemptions  1.19.1 Samples By surface only Testing or demonstration No class 1 (explosives), 6.2 (infectious) or 7 (radioactives) Gross mass < 10 kg Shipping document marked with consignor name and address and the words “test samples” Safe container Container marked “test samples” Introduction & Exemptions 1.21 Agriculture: 1500 kg Gross Mass Farm Vehicle Exemption, 1.22 Agriculture: 3 000 kg Gross Mass Farm Retail Exemption 1.32 Class 2, Gases, in Refrigerating Machines Exemption 1.32.1 Class 2, Gases, That May Be Identified as UN1075, LIQUEFIED PETROLEUM GAS 1.32.3 Class 2, Gases, in Small Means of Containment Exemption Introduction & Exemptions 1.33 Class 3, Flammable Liquids: General Exemption 1.34.1 UN1203, GASOLINE, to Operate an Instrument or Equipment Exemption 1.35 UN1202, DIESEL FUEL, or UN1203, GASOLINE, Exemption 1.39 Class 6.2, Infectious Substances, Category B Exemption 1.41 Biological Products Exemption 1.44 Dangerous Goods in a Drum Exemption Introduction & Exemptions Part 3, Documentation, and Part 6, Training, do not apply to dangerous goods that are transported in one or more small means of containment on a road vehicle solely on land if: (a) the dangerous goods are: (i) UN1001, ACETYLENE, DISSOLVED, (ii) UN1002, AIR, COMPRESSED, (iii) UN1006, ARGON, COMPRESSED, (iv) UN1013, CARBON DIOXIDE, (v) UN1060, METHYLACETYLENE AND PROPADIENE MIXTURE, STABILIZED, (vi) UN1066, NITROGEN, COMPRESSED, (vii) UN1072, OXYGEN, COMPRESSED, or (viii) UN1978, PROPANE Introduction & Exemptions (b) the dangerous goods are contained in no more than five small means of containment; (c) the gross mass of the dangerous goods is less than or equal to 500 kg; and (d) the labels displayed on the small means of containment can be seen from outside the road vehicle. Introduction & Exemptions  These regulations do not apply to dangerous goods for land transport included in class 3 if the dangerous goods: Have no subsidiary class Are included in packing group III and have a flash point of greater than 37.8 deg C And are packaged so that there will be no accidental release of the DG that could endanger public safety Consult the TDG Regulations for full exemptions. Introduction & Exemptions Class 1, Explosives, Exemption 1.31 Part 3 (Documentation), Part 4 (Dangerous Goods Safety Marks), Part 6 (Training), Part 9 (Road) and Part 10 (Rail) do not apply to the handling, offering for transport or transporting on a road vehicle or a railway vehicle dangerous goods included in Class 1, Explosives, if (a) the quantity of all the explosives in the road vehicle or railway vehicle that are not subject to special provision 85 or 86, expressed in net explosives quantity, is less than or equal to the number shown in column 6(a) of Schedule 1 for each of the explosives; (b) the quantity of all the explosives in the road vehicle or railway vehicle that are subject to special provision 85 or 86, expressed in number of articles, is less than or equal to the number shown in special provision 85 or 86 for each of the explosives; Introduction & Exemptions (c) each means of containment has displayed on it the class, compatibility group and UN number of the explosives contained inside it; and (d) a placard is displayed in accordance with Part 4 (Dangerous Goods Safety Marks) if the explosives are included in Class 1.1, 1.2, 1.3 or 1.5 (i) in any quantity exceeding 10 kg net explosives quantity, or (ii) in any number of articles exceeding 1 000 for explosives subject to special provision 85 or 86. Introduction & Exemptions Class 3, Flammable Liquids, Alcoholic Beverage and Aqueous Solution of Alcohol Exemption 1.36 Part 3 (Documentation), Part 4 (Dangerous Goods Safety Marks), Part 5 (Means of Containment), Part 6 (Training), Part 7 (Emergency Response Assistance Plan), Part 8 (Reporting Requirements), Part 9 (Road) and Part 10 (Rail) do not apply to the handling, offering for transport or transporting on a road vehicle, a railway vehicle or a vessel on a domestic voyage of (a) an alcoholic beverage if the alcoholic beverage (i) contains alcohol that is less than or equal to 24 per cent by volume, (ii) is included in Packing Group II and is in a means of containment with a capacity that is less than or equal to 5 L, or (iii) is included in Packing Group III and is in a means of containment with a capacity that is less than or equal to 250 L; or Introduction & Exemptions Exemption 1.36 Con-t (b) an aqueous solution of alcohol if the aqueous solution has a flash point greater than 23°C and(i) contains alcohol that is less than or equal to 50 per cent by volume and at least 50 per cent by volume of a substance that is not dangerous goods, and (ii) is contained in a small means of containment. Introduction & Exemptions Class 7, Radioactive Materials Exemption Part 3 (Documentation), Part 4 (Dangerous Goods Safety Marks), Part 5 (Means of Containment), Part 6 (Training), Part 7 (Emergency Response Assistance Plan), Part 9 (Road), Part 10 (Rail), Part 11 (Marine) and Part 12 (Air) do not apply to the handling, offering for transport or transporting of Class 7, Radioactive Materials, if the radioactive materials (a) satisfy the conditions in the “Packaging and Transport of Nuclear Substances Regulations” to be transported in an excepted package; (b) are in an excepted package; UN 2910, UN 2911; and (c) are accompanied by a document that includes the shipping name and UN number of the radioactive materials. Introduction & Exemptions Class 7, Radioactive Materials Exemption Materials typically shipped in these containers are consumer goods, such as smoke detectors

Use Quizgecko on...
Browser
Browser