INCIDENT reporting required with Transport Canada's new Clear Language regulations has many similarities to US requirements issued by the Research and Special Programs Administration (RSPA), according to Earle Nickerson, RST Industries, St John, New Brunswick, Canada.
Nickerson provided an overview of the Canadian rules during the National Tank Truck Carriers Safety Council meeting April 17-18 at Las Vegas, Nevada.
Rules for shipping documents are in line with those of RSPA's 49 CFR. When a substance is regulated in the United States by 49 CFR, but is not regulated in Canada, a carrier may transport the substance between Canada and the United States in accordance with all or part of 49 CFR. For example, the safety marks displayed in accordance with 49 CFR would not be considered misleading.
Drivers are authorized to haul hazardous materials if they have a training certificate (on their person) that indicates they have received training in accordance with 49 CFR hazardous materials requirements. The US commercial driver license (CDL) with hazmat endorsement is not accepted as proof of training. Canada requires the training to include the following: classification criteria and test methods in Part 2, classification; shipping names; the use of schedules 1, 2 and 3; shipping document and training consistent with requirements in Part 3, documentation; and the dangerous goods safety marks requirements in Part 4, dangerous goods safety marks.
Also required: the certification safety marks requirements, safety requirements, and safety standards in Part 5, means of containment; the emergency response assistance plan requirements in Part 7, emergency response assistance plan; the report requirements in Part 8, accidental release and imminent accidental release report requirements; and safe handling and transportation practices for dangerous goods, including the characteristics of the dangerous goods.
Border inspections are addressed in the new Canadian rules. Consignments of dangerous goods that originate in the United States are subject to expert inspection by US inspectors. They can be transported in Canada under the requirements of 49 CFR. However, consignments that originate in Canada are not permitted under these Canadian regulations to be transported in Canada under 49 CFR only, because these consignments are not subject to expert inspection by US inspectors. Therefore a driver would need the Canadian dangerous goods training in this case.
A carrier may handle or transport dangerous goods from a place in the United States to a place in Canada, or from a place in the United States through Canada to a place outside Canada, in accordance with the classification, marking, labeling, placarding, and documentation requirements of 49 CFR. The information required on the shipping document must be easy to identify, legible, in indelible print, and in English or French.
When hazmat products transported from a place in the United States through Canada to a place outside Canada, the name and address of the place of business of each consignor must be listed. If the consignor is also the carrier, the name and address may be shown on a separate document attached to the shipping document.
Hazardous materials defined as “large” and transported from a place outside Canada to a place in Canada, and reshipped within Canada, must have placards displayed in accordance with the Canadian dangerous goods safety marks. “Large” is defined as cargo capacity greater than 450 liters (118.87 gallons). The shipping document that accompanies the dangerous goods must include a notation that the dangerous goods safety marks are in accordance with 49 CFR, the International Civil Aviation Organization (ICAO) technical instructions, or the International Maritime Dangers Goods Code (IMDG), if they differ from the ones required to be displayed by Part 4, dangerous goods safety marks.
Nickerson pointed out that North America (NA) designations for hazardous products have been replaced with United Nation (UN) designations and noted some descriptions for labels and placards have changed. Labels and placards for Class 9, miscellaneous products, substances, or organisms are on a white background and contain a number and line placed five millimeters inside the edge for a label, and 12.5 millimeters for a placard. Seven black stripes in 13 equally spaced vertical stripes are placed in the upper half. These are identical to the US labels and placards for Class 9.
If a product meets the criteria to be designated as elevated temperature product, elevated temperature signs must be displayed for flammable not otherwise specified (NOS), Class 3; elevated temperature liquid NOS, Class 9; or solid, NOS, Class 9. The sign must be displayed on each side and each end of the cargo tank next to each primary class placard for the dangerous goods or, if there is a subsidiary class placard, next to that placard.
The elevated temperature sign has a red border and thermometer symbol on a white equilateral triangle. The sides must be at least 250 millimeter in length. It may be displayed on a standard-sized white placard.
The Canadian rules require immediate reporting of an accidental release of a hazardous material or imminent accidental release. A 30-day follow-up report is also required. More information about the Clear Language rules can be found on the Internet at www.tc.gc.ca/tdg/clear/tofc.htm.