Each undertaking, the activities of which include the consigning or the carriage of dangerous goods by road, or the related packing, loading, filling or unloading shall appoint one or more safety advisers for the carriage of dangerous goods, responsible for helping to prevent the risks inherent in such activities with regard to persons, property and the environment.
22.214.171.124 The competent authorities of the Contracting Parties may provide that these requirements shall not apply to undertakings:
(a) The activities of which concern quantities in each transport unit not exceeding those referred to in 126.96.36.199, 188.8.131.52 and in Chapters 3.3, 3.4 and 3.5; or
(b) The main or secondary activities of which are not the carriage or the related packing, filling, loading or unloading of dangerous goods but which occasionally engage in the national carriage or the related packing, filling, loading or unloading of dangerous goods posing little danger or risk of pollution.
The main task of the adviser shall be, under the responsibility of the head of the undertaking, to seek by all appropriate means and by all appropriate action, within the limits of the relevant activities of that undertaking, to facilitate the conduct of those activities in accordance with the requirements applicable and in the safest possible way.
With regard to the undertaking’s activities, the adviser has the following duties in particular:
- monitoring compliance with the requirements governing the carriage of dangerous goods;
- advising his undertaking on the carriage of dangerous goods;
- preparing an annual report to the management of his undertaking or a local public authority, as appropriate, on the undertaking's activities in the carriage of dangerous goods. Such annual reports shall be preserved for five years and made available to the national authorities at their request.
The adviser's duties also include monitoring the following practices and procedures relating to the relevant activities of the undertaking:
- the procedures for compliance with the requirements governing the identification of dangerous goods being transported;
- the undertaking's practice in taking account, when purchasing means of transport, of any special requirements in connection with the dangerous goods being transported;
- the procedures for checking the equipment used in connection with the carriage, packing, filling, loading or unloading of dangerous goods;
- the proper training of the undertaking’s employees, including on the changes to the regulations, and the maintenance of records of such training;
- the implementation of proper emergency procedures in the event of any accident or incident that may affect safety during the carriage, packing, filling, loading or unloading of dangerous goods;
- investigating and, where appropriate, preparing reports on serious accidents, incidents or serious infringements recorded during the carriage, packing, filling, loading or unloading of dangerous goods;
- the implementation of appropriate measures to avoid the recurrence of accidents, incidents or serious infringements;
- the account taken of the legal prescriptions and special requirements associated with the carriage of dangerous goods in the choice and use of sub-contractors or third parties;
- verification that employees involved in the consigning, carriage, packing, filling, loading or unloading of dangerous goods have detailed operational procedures and instructions;
- the introduction of measures to increase awareness of the risks inherent in the carriage, packing, filling, loading and unloading of dangerous goods;
- the implementation of verification procedures to ensure the presence on board the means of transport of the documents and safety equipment which must accompany transport and the compliance of such documents and equipment with the regulations;
- the implementation of verification procedures to ensure compliance with the requirements governing packing, filling, loading and unloading;
- the existence of the security plan indicated in 184.108.40.206.
The adviser may also be the head of the undertaking, a person with other duties in the undertaking, or a person not directly employed by that undertaking, provided that that person is capable of performing the duties of adviser.
Each undertaking concerned shall, on request, inform the competent authority or the body designated for that purpose by each Contracting Party of the identity of its adviser.
Whenever an accident affects persons, property or the environment or results in damage to property or the environment during carriage, packing, filling, loading or unloading carried out by the undertaking concerned, the adviser shall, after collecting all the relevant information, prepare an accident report to the management of the undertaking or to a local public authority, as appropriate. That report shall not replace any report by the management of the undertaking which might be required under any other international or national legislation.
An adviser shall hold a vocational training certificate, valid for transport by road. That certificate shall be issued by the competent authority or the body designated for that purpose by each Contracting Party.
To obtain a certificate, a candidate shall undergo training and pass an examination approved by the competent authority of the Contracting Party.
The main aims of the training shall be to provide candidates with sufficient knowledge of the risks inherent in the carriage, packing, filling, loading or unloading of dangerous goods, of the applicable laws, regulations and administrative provisions and of the duties listed in 220.127.116.11.
The examination shall be organized by the competent authority or by an examining body designated by the competent authority. The examining body shall not be a training provider.
The examining body shall be designated in writing. This approval may be of limited duration and shall be based on the following criteria:
- competence of the examining body;
- specifications of the form of the examinations the examining body is proposing, including, if necessary, the infrastructure and organisation of electronic examinations in accordance with 18.104.22.168.5, if these are to be carried out;
- measures intended to ensure that examinations are impartial;
- independence of the body from all natural or legal persons employing safety advisers.
The aim of the examination is to ascertain whether candidates possess the necessary level of knowledge to carry out the duties incumbent upon a safety adviser as listed in 22.214.171.124, for the purpose of obtaining the certificate prescribed in sub-section 126.96.36.199, and it shall cover at least the following subjects:
(a) Knowledge of the types of consequences which may be caused by an accident involving dangerous goods and knowledge of the main causes of accidents;
(b) Requirements under national law, international conventions and agreements, with regard to the following in particular:
- classification of dangerous goods (procedure for classifying solutions and mixtures, structure of the list of substances, classes of dangerous goods and principles for their classification, nature of dangerous goods transported, physical, chemical and toxicological properties of dangerous goods);
- general packing provisions, provisions for tanks and tank-containers (types, code, marking, construction, initial and periodic inspection and testing);
- marking and labelling, placarding and orange-coloured plate marking (marking and labelling of packages, placing and removal of placards and orange-coloured plates);
- particulars in transport documents (information required);
- method of consignment and restrictions on dispatch (full load, carriage in bulk, carriage in intermediate bulk containers, carriage in containers, carriage in fixed or demountable tanks);
- transport of passengers;
- prohibitions and precautions relating to mixed loading;
- segregation of goods;
- limitation of the quantities carried and quantities exemptions;
- handling and stowage (packing, filling, loading and unloading - filling ratios -, stowage and segregation);
- cleaning and/or degassing before packing, filling, loading and after unloading;
- crews, vocational training;
- vehicle documents (transport documents, instructions in writing, vehicle approval certificate, driver training certificate, copies of any derogations, other documents);
- instructions in writing (implementation of the instructions and crew protection equipment);
- supervision requirements (parking);
- traffic regulations and restrictions;
- operational discharges or accidental leaks of pollutants;
- requirements relating to transport equipment.
The examination shall consist of a written test which may be supplemented by an oral examination.
The competent authority or an examining body designated by the competent authority shall invigilate every examination. Any manipulation and deception shall be ruled out as far as possible. Authentication of the candidate shall be ensured. The use in the written test of documentation other than international or national regulations is not permitted. All examination documents shall be recorded and kept as a print-out or electronically as a file.