The network meeting “Dangerous Goods and Compliance,” organized by Special Cargo College, Van Traa Lawyers and the Vereniging voor Veiligheidsadviseurs, took place on Oct. 17. Expert speakers from these three organizations highlighted the complexities in laws and regulations governing the transport of dangerous goods, which can lead to a legal or civil conflict. Participants – many of them safety advisers – were given tools for practice in keeping their companies compliant.
Roles and responsibilities
During the session, Cor Schaatsbergen, senior lecturer and consultant at Special Cargo College, discussed the various roles in dealing with dangerous goods. Companies that transport dangerous goods must comply with a variety of obligations, as defined in ADR, IMDG, IATA and other (transport) regulations. Thus, different roles are defined in these regulations, with corresponding responsibilities. “Consider the roles of the consignor, loader, carrier and consignee. Safe transportation of dangerous goods starts with understanding everyone’s responsibility within the chain. The hazardous goods transport safety advisor plays a crucial role in this. “Without that clarity, risks arise, both for safety and compliance with the law,” said Cor.
Who is the offender?
Alicia Zwanikken, attorney at Van Traa Advocaten, addressed the question: who is the offender in incidents involving dangerous goods? The answer is complex, as multiple parties in the chain can be held responsible at the same time. In her presentation, Alicia discussed several cases in which shippers, carriers and even third parties were held accountable for violations of safety regulations. Important here is the attribution of responsibility: sometimes companies are considered functional perpetrators even though they did not commit the violation themselves. Cor: “In practice, we often see companies struggling not only with the specific regulations such as ADR or IMDG, but also with the question of who is liable in the event of incidents. That is why it is crucial to see compliance as a shared responsibility.”
“Safe transportation of dangerous goods starts with understanding everyone’s responsibility within the chain.”
Civilian Consequences of Incidents
Wendy van den Nouland, a lawyer at Van Traa Advocaten too, dealt with the civil consequences of incidents involving dangerous goods. In addition to legal penalties, such incidents can result in significant financial damages. Wendy mentioned the various forms of damage – from cargo damage and damage to means of transport to environmental damage and injury to local residents. Companies need to be aware not only of the regulations, but also of the potential civil claims resulting from non-compliance.
What can you do yourself?
Some general advice to avoid legal problems include the following:
- Ensure legal and logistical expertise. Make sure your company is aware of the various safety regulations of international and national regulations: ADR, IMDG, IATA, Environment Act, etc. This prevents conflicting agreements and ensures compliance with all obligations.
- Establish clear contracts. Make clear agreements with customers, suppliers and carriers about who is responsible for complying with specific safety regulations and who is liable for any damages or legal complications.
- Implement internal compliance processes. Develop internal processes to ensure that all shipments comply with relevant regulations before shipment. This may include, for example, additional verification of packaging and documents.
- Provide adequate training for employees. Regular training of employees ensures that they are up to date with the latest regulations and responsibilities within the chain.
Importance of training
Every company that transports dangerous goods or performs operations related to them must appoint a safety advisor for transporting dangerous goods. The individual in this role must have expert training and certification, Cor says. “Training and awareness are at the heart of safe logistics. By continuously (re)training employees, we can prevent accidents and legal problems.”
What can Special Cargo do?
Special Cargo is happy to support you in the safe and compliant design of dangerous goods transports, from our offices at Schiphol Airport and in the Europoort. We also offer a very wide range of training, from ADR driver courses to Storage and Awareness training. For example, our teachers (including Cor Schaatsbergen) train you in five days to become a safety advisor – the safety linchpin within any organization dealing with the transport of dangerous goods. But we also come to your company as an external safety advisor, to keep all procedures and processes on track.
For more information, contact our team to discuss options.
