June 1, 2016 Transport Canada published new rules for reporting dangerous goods incidents. They are fairly complicated detailing when a report needs to be filed, who it needs to be filed with, as well as, an extensive list of information that needs to be included.
Overview
We’ll do our best to summarize some of the main points of the new requirements for our readers, but the new reporting requirements are quite comprehensive and fairly complex. So much so, that Transport Canada published a forty-six page guidebook on what you are expected to do. It is really recommended that you download the guidebook and read it. For convenience we’ve included a download link in this article. However, we strongly recommend you download and read the published guide as well as the regulations.
When you have to report dangerous goods incidents
- Leak or Spill: Basically, if you are transporting dangerous goods and there is a release or anticipated release that exceeds the quantities in the published table in section 8.2 you need to report. Note, that an anticipated leak could just mean damage to the integrity of the means of containment.
- Loss or Theft of Dangerous Goods: You have to report if any quantity of specific goods outlined in the published table in section 8.16 (2)(a) & (b) are lost or missing, or 450kg or more in section 8.16(2)(c).
- Unlawful Interference: You have to report if any quantity of specific goods outlined in the published table in section 8.16 (2)(a) & (b) are lost or missing, or 450kg or more in section 8.16(2)(c).
What You have to report – The initial Emergency Report?
An emergency report referred to in section 8.2 must include the following information:
- (a) the name and contact information of the person making the report;
- (b) in the case of a release of dangerous goods, the date, time and geographic location of the release;
- (c) in the case of an anticipated release of dangerous goods, the date, time and geographic location of the incident that led to the anticipated release;
- (d) the mode of transport used;
- (e) the shipping name or UN number of the dangerous goods;
- (f) the quantity of dangerous goods that was in the means of containment before the release or anticipated release;
- (g) in the case of a release of dangerous goods, the quantity of dangerous goods estimated to have been released; and
- (h) if applicable, the type of incident leading to the release or anticipated release, including a collision, roll-over, derailment, overfill, fire, explosion or load-shift.
What You Have to report – 30 Day Follow Up Report?
A person who has made a report, or the person’s employer, must make a follow-up report in writing to the Director General within 30 days after the day on which the report was made.
8.7 Information to be Included in a 30-Day Follow-up Report
A follow-up report referred to in section 8.6 must include the following information:
- (a) the name and contact information of the person making the report;
- (b) the names and contact information of the consignor, consignee and carrier;
- (c) in the case of a release of dangerous goods, the date, time and geographic location of the release;
- (d) in the case of an anticipated release of dangerous goods, the date, time and geographic location of the incident that led to the anticipated release;
- (e) the mode of transport used;
- (f) the classification of the dangerous goods;
- (g) the quantity of dangerous goods that was in the means of containment before the release or anticipated release;
- (h) in the case of a release of dangerous goods, the quantity of dangerous goods estimated to have been released;
- (i) a description of the means of containment containing the dangerous goods;
- (j) if applicable, a description of any failure of or damage to the means of containment;
- (k) information about the events leading to the release or anticipated release of dangerous goods;
- (l) information as to whether there was an explosion or fire;
- (m) the name and geographic location of any facility used in the loading or unloading of the dangerous goods that was closed, and the duration of the closure;
- (n) the name and geographic location of any road, main railway line or main waterway that was closed, and the duration of the closure;
- (o) if applicable, an estimate of the number of people evacuated or sheltered in place and the duration of the evacuation or shelter in place;
- (p) if applicable, the number of deaths and the number of persons who sustained injuries that required immediate medical treatment by a health care provider;
- (q) if applicable, the ERAP reference number;
- (r) the date on which the report referred to in section 8.4 was made; and
- (s) an estimate of any financial loss incurred as a result of the release or anticipated release, and any emergency response cost or remediation costs related to it.
Who do I have to report the incident to?
(4) For the purposes of subsection (1), the persons to whom a report must be made are
- (a) CANUTEC, at 1-888-CANUTEC (1-888-226-8832) or 613-996-6666;
- (b) the consignor of the dangerous goods;
- (c) in the case of dangerous goods included in Class 7, Radioactive Materials, the Canadian Nuclear Safety Commission; and
- (d) in the case of a ship, a Vessel Traffic Services Centre or a Canadian Coast Guard radio station.
Who has to report
The person outlined in section 18(1) of the act has a duty to report:
- 18 (1) Any person who has the charge, management or control of a means of containment shall report to every person prescribed for the purposes of this subsection any actual or anticipated release of dangerous goods that is or could be in excess of a quantity or concentration specified by regulation from the means of containment if the release endangers, or could endanger, public safety.
Take-Aways for Chemical Shippers:
In light of the new regulations, your diligence with your carriers should include making sure they have a process and procedure to comply with the above regulations, as well as, training for your own staff on what’s required so they can manage any situation with the carrier involved.
Here at DSN Chemical Transportation we’ve had an incident reporting procedure for over a decade. Our staff is uniquely trained and experienced in TDG within the North American market. Contact us today to learn how you can get your chemical shipments moving on-time and safely by our team of chemical transportation experts.