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Dangerous Goods in 2007<br />

New bulk Carriage Requirements and Updated HSE Guidance<br />

Dave Dingle MSc, CEnv, MCIWM, CChem, MRSC<br />

Environmental Controller and DGSA<br />

OCS Group UK Ltd t/a Cannon<br />

The Background<br />

The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment<br />

Regulations 2007 (“‘the Carriage Regulations”) came into force on 1 July 2007.<br />

They replace the 2004 Regulations/2005 Amendments and now include the<br />

carriage of radioactive materials. The Carriage Regulations implement ADR 2007<br />

(with a number of exceptions). They refer directly to ADR 2007 and there are some<br />

additional or alternative requirements.<br />

With the United Nations throughness in regular updating of ADR we have come<br />

to expect, ADR 2007 came into force on 1 January 2007. The usual six months<br />

which is allowed for compliance when ADR is replaced has resulted in the 1 July<br />

2007 effective date in updating the Carriage Regulations.<br />

The HSE Carriage of Dangerous Goods Manual which provides guidance to<br />

Enforcement Officers has also been updated as of October 2007 to reflect the<br />

changes in legislation and extensively refers to those affecting clinical waste. In<br />

addition to aspects of compliance, the Manual also provides Guidance on the<br />

apropriateness of Prohibition Notices, when and where they should be deferred<br />

and other enforcement measures. As such it is essential reading for anyone who<br />

has to comply and deal with Enforcement Officers. Details of how to download a<br />

copy from the HSE Web site is detailed below.<br />

The new bulk Carriage requirements<br />

The main changes affecting clinical waste are regarding bulk carriage. When the<br />

five year derogation allowing the carriage of loose clinical waste bags expired on<br />

31 December 2001, there was considerable confusion. This resulted in the<br />

continued carriage of loose clinical bags being permitted in accordance with<br />

Paragraph 7.3.3, Special Provision V V 11 of ADR (continued in ADR 2007), which<br />

states that:<br />

“Carriage in bulk is permitted in specially equipped vehicles and containers in a<br />

manner which avoids risks to humans, animals, and the environment e.g. by<br />

loading the wastes in bags or by airtight connections”<br />

This means that the requirement to carry only loose clinical bags (then classified as<br />

‘bulk’) which are UN approved bags is now firmly set in the legislation and with a<br />

higher specification for the bags. It is understood that on 1 July 2007, only one<br />

Manufacturer had a sack which had been tested to the new specification, although<br />

others may have obtained approval since. It should be noted that in any dangerous<br />

goods classification other than Class 6.2, UN Approved Bags would be classified as<br />

packages and not bulk!<br />

Needless to say, this classification of bulk is already causing problems whereby<br />

some Enforcement officers seem to think that the carriage of loose clinical sacks is<br />

no longer allowed.<br />

The updated HSE Guidance<br />

In light of these changes, and some continuing problems with existing<br />

requirements the updated HSE Carriage of Dangerous Goods Manual is particularly<br />

welcomed. Whilst the Manual is intended to provide guidance to enforcement<br />

officers it is available to all and can be downloaded at<br />

http://www.hse.gov.uk/cdg/manual/index.htm<br />

Specific guidance is given on the issue of vehicles being leakproof by design,<br />

clarifying that in addition to any sealing, steps need to be taken to prevent escape<br />

when doors are opened e.g by a slope on the floor or creation of a suitable ‘tray’.<br />

A typical sealing system applied to a vehicle is shown below opposite.<br />

Unfortunately the segregation of packages and bags is not very well covered,<br />

other than showing an unsuitable load of mixed bags and sharps containers as in<br />

the previous version and referring only to some specialist carriers dividing the<br />

load compartment or using means to ensure that wheele bins are propely secured.<br />

Given that the aspect of vehicles being leakproof was covered in greater detail,<br />

more Guidance would have been useful on this aspect especially as regards the use<br />

of non-rigid dividers, since nets are specifically quoted as an example in ADR.<br />

It is especially pleasing to see that the requirement for only the 2kg fire<br />

extinguisher when carrying infectious substances only has been clarified in this<br />

section (no additional extinguishers being required, as is the case with other<br />

dangerous goods, depending on vehicle size). Although this was in the previous<br />

version, it is also noted at least twice elsewhere in the Manual in Sections relating<br />

to fire extinguishers. As this is an issue which is regularly misinterpreted by<br />

Enforcement Officers, greater emphasis is essential in both the Manual and in<br />

Enforcement Officer Training. Discussions between Member Companies recently<br />

has found that Police Officers record this failure on prohibition notices even when<br />

those specific individual Officers have had it brought to their attention.<br />

The Guidance reiterates the need for proper placarding and plating when carrying<br />

bulk, in that the full size ‘2X/3291/Infectious placard’ plates need to be displayed<br />

on both sides and the rear of the vehicle, but not the emergency telephone<br />

number. Member Companies of the SMDSA have recently clarified with the help<br />

of HSE and Department for Transport that the absence of the telephone number<br />

means that the plate can be made smaller and need not display the plain orange<br />

strip at the bottom of the plate, making it easier to fit on smaller vehicles without<br />

obstructing roller shutter doors. The plate being shorter prevents it projecting<br />

down into the door space and creating a health and safety hazard. Unfortunately<br />

the only picture shown in the Manual does not reflect this, and it is hoped that this<br />

will be effectively communicated to all Enforcement Officers and the pictures in<br />

the Manual updated. As with the fire extingishers problem, the alternative will<br />

undoubtedly be continued problems with Enforcement Officers for having plates<br />

which do not exactly match the picture in the Manual.<br />

Although not new to 2007 Carriage Regulations the requirement for ADR Trained<br />

Drivers is also reinforced for all vehicles carrying bulk clinical waste, as the<br />

exemption for vehicles under 3.5 tonnes ended on 31 December 2006. As the bulk<br />

carriage of waste means that there are no small load threshold exemptions<br />

applying, even one loose bag means a Driver has to be ADR Trained. That of course<br />

can be easily avoided by placing small amounts of bags into rigid containers to<br />

qualify for the small load threshold exemptions for ADR Drivers, placarding/plating<br />

and other requitrements.<br />

Compliance<br />

In describing the Manual, the HSE refer to:<br />

‘Updated guidance on carriage of clinical waste with references to the new parts<br />

of ADR at 7.3.2.6.2. This reflects a number of instances of poor standards<br />

particularly concerning bulk transport of the familiar “yellow bags”, but also<br />

abuses in the way “large packaging” is sometimes used. It also reminds consignors<br />

that non-UN approved “large packaging” should be taken out of use’.<br />

SMDSA Member Companies have largely been pro-active in taking on board these<br />

new requirements, and whilst unplacarded vehicles are seen carrying loose yellow<br />

bags, (and hence possibly without ADR Drivers, sealed vehicles, segregation etc) in<br />

the author’s experience these are usually unmarked vehicles or where identifiable<br />

are likely to be Local Authorities or NHS Trusts.<br />

However a significant new section in ADR 2007 (Paragraph 7.3.2.6.2) provides<br />

much greater details on these requirements from 1 July 2007, expanding<br />

considerably the standards to be met when carrying loose clinical waste bags. The<br />

result is now more than a full page with eight sub-paragraphs of specifications<br />

which now have to be met to supplement the barely three lines of V V 11.<br />

The key requirements are<br />

■ Bags being required to be UN Approved (with the standards they have to meet<br />

having been upgraded to require greater tear and impact resistance than<br />

before)<br />

■ Closed bulk containers (i.e. vehicles) being leakproof by design, with nonporous<br />

interior surfaces free from cracks or other features which could damage<br />

packagings, impede disinfection or permit inadvertent release<br />

■ Securing and segregating rigid packagings and bags if carried together (with<br />

examples being given of rigid barriers or dividers, mesh nets or otherwise<br />

securing such that they prevent damage to the packagings)<br />

■ Prohibition on carriage of any other goods with loose clinical bags, other than<br />

medical or veterinary wastes<br />

■ Inspection for leakage after each journey, to supplement the previous<br />

requirement to throughly clean and disinfect if any wastes have leaked or<br />

spilled<br />

■ Prohibition on carriage of any other goods with loose clinical bags, other than<br />

medical or veterinary wastes<br />

The ‘Common Problems’ section of the Guidance includes 24 separate topics, and<br />

it is notable that the five pages on clinical waste is by far the biggest section<br />

devoted to any one of the problems, nothing else meriting more than a single<br />

page!. In addition to extensively updating the previous guidance on carrying<br />

packages, the issue of bulk is covered much more comprehensively.<br />

Intercare Distribution Services Limited<br />

STUDENTS MAKE THEIR MARK<br />

A twenty five percent increase in turnover this year has triggered Crewe<br />

based Intercare Distribution Services Limited to invite South Cheshire College<br />

to help mark their success.<br />

Sales and Marketing Director Mark Greenhalgh said: “The company has its<br />

roots in Crewe and was set up by director Nigel Parry who still lives in the<br />

town. Based on the way we are growing we wanted to take the opportunity<br />

to put something back into the community and so decided to get involved<br />

with the college.”<br />

As a result of Intercare’s ongoing expansion, students at South Cheshire<br />

College have been given a blank canvas with a commission to add some<br />

colour to the company’s additional new business premises in Marshfield<br />

Bank Employment Park.<br />

CONTINUED FROM COVER<br />

Dave Ballentyne of the college said: “This is exactly the kind of project we<br />

like to take on. This will give first year students on the Design & Graphics and<br />

the Art & Design courses the right commercial experience that they need as<br />

they work towards their National Diplomas. It will also strengthen their<br />

portfolios and CVs before entering the commercial world.”<br />

Stage one of the commission got underway when students from the college<br />

measured up the walls at Intercare’s new premises. Over the following term<br />

they will develop their ideas, based around Intercare’s ethical business<br />

values, before a panel of judges makes a decision for the designs to be<br />

transposed onto Intercare’s walls.<br />

“Our move to the additional new site at Marshfield Bank has come exactly<br />

17 years after we started out in business. There has been a great deal of hard<br />

work put in to get here and the expansion got its final go ahead when the<br />

Environment Agency granted a license for us to operate a Waste Transfer<br />

Station,” explained Mr Greenhalgh.

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