FAO The Department Of Diesel Dave!

This question I feel, is one perhaps you are qualified to answer.

Prologue: Of a morning, my friend/ colleague and I, load the fleet of vehicles with the incoming pallets for the days work, before we set out on our own routed. We are both ADR holders. This morning, a driver (non ADR) refused to take a pallet out stating that it was over his maximum load.

The pallet was as follows (God I hope I get this right!) CORROSIVE - Class 8, and Packing group 2. Weight 750kg. (Pallet destined for a food factory, packed in small, sealed, white plastic pots.)

No other haz materials were on board.

My friend felt he should NOT have taken it. I felt he SHOULD have taken it.

The Question. Who was right? Who was wrong?

Wouldn’t this come under “Limited Quantities” and as such could have been taken?

My thoughts exactly!

matchbox:
This question I feel, is one perhaps you are qualified to answer.

The pallet was as follows (God I hope I get this right!) CORROSIVE - Class 8, and Packing group 2. Weight 750kg. (Pallet destined for a food factory, packed in small, sealed, white plastic pots.)

My friend felt he should NOT have taken it. I felt he SHOULD have taken it.

The Question. Who was right? Who was wrong?

As a GENERAL rule, the limit for PGII (Roman numerals) stuff is 333Kg/ltrs, but I’d need the UN number and the Proper Shipping Name (PSN) to give you a good answer.

The reason I need that is so I can check the LQ allowance for the substance.There are 25 possible combinations of inner receptacle size Vs overall package size, so I also need to know the size of the receptacles, and whether the receptacles were in cardboard boxes on the pallet.

At this stage, the driver MIGHT have been right to refuse it.

penfold:
Wouldn’t this come under “Limited Quantities” and as such could have been taken?

IF it complied with the LQ provisions, then yes, you’re right.

Further to that, IF it complied with the LQ provisions he could have driven with a full load on board, no ADR licence, no orange boards, no extinguishers etc.

Tanks for that Dave, I’ll get back with the neccessary info when I get to work this morning.

UN 1823

PG 2

Class 8.

Sodium Hydroxide,

matchbox:
UN 1823

PG 2

Class 8.

Sodium Hydroxide,

Thanks for that info.

Next question: were you able to directly see the

matchbox:
“small, sealed, white plastic pots”

without disturbing the packaging?

IF your answer is “YES” the driver was correct to refuse to take it. That equals “game over.”

IF your answer is “NO” because the “pots” were inside some other form of packaging, please let me know how the pots were packed onto the pallet. The exact size of the “pots” is also relevant. eg. 1Kg or 5Kg etc.

Was it a true pallet, or was it a shrink/stretch wrapped tray?

The pots were just that, sealed white pots, with whatever was inside them, well, inside them.

On top of the pots the pallet was wrapped in clear shrink wrap.

It went off by courier.

I’d be embarrassed if he was right and I was wrong since I only acquired my ADR in March!

Another question now though if I may be so bold…

Can an ADR driver in ANY circumstance carry a hazardous load if he HASN’T got his ADR with him, for example if he has mislaid it.

By boss was adamant that since I have applied for a duplicate and he has a photocopy of the original, I can carry ADR with just the photocopy till the ‘new’ ADR arrives.

This disturbs me greatly.

Thanks for your help Dave. TRULY.

I’d be interested to be able to qoute the exact wording of the law to him should he be wrong.

Don’t get me wrong, I’m lucky to have a boss as fair as he is.

But it’s my licence.

matchbox:
The pots were just that, sealed white pots, with whatever was inside them, well, inside them.

On top of the pots the pallet was wrapped in clear shrink wrap.

It went off by courier.

I’d be embarrassed if he was right and I was wrong since I only acquired my ADR in March!

Many thanks for the clarity (eventually!) of the question.

Given the circumstances as you described, the answer is that the driver was correct to refuse it.

You should have NO EMBARRASMENT WHATSOEVER, because what you were attempting is NOT covered by the training you received OR the exams that you passed. IT’S NOT YOUR JOB TO DO THIS. You would need additional training not covered by your ADR course.

matchbox:
Another question now though if I may be so bold…

Can an ADR driver in ANY circumstance carry a hazardous load if he HASN’T got his ADR with him, for example if he has mislaid it.

By boss was adamant that since I have applied for a duplicate and he has a photocopy of the original, I can carry ADR with just the photocopy till the ‘new’ ADR arrives.

This disturbs me greatly.

Thanks for your help Dave. TRULY.

You are quite right to be disturbed.

The Regulations are very clear on this point.

Reg 24(6) “The driver… shall on request produce to any police constable or goods vehicle examiner the relevant certificate he holds in accordance with this regulation…” (Meaning your ADR licence!) A photocopy is therefore NOT ACCEPTABLE. Unfortunately, there are no provisions to take account of a “lost” certificate. You may, however, drive whilst carrying a “below ADR threshold” load OR Limited Quantities in the meantime.

With no disrespect to your boss- he might benefit from the LEGALLY REQUIRED ADR AWARENESS TRAINING that he should already have had. Your company’s DGSA is LEGALLY REQUIRED to deal with this issue, and see to it that records of such training are maintained. This “awareness” training is custom made to be suitable to a person’s function(s) within a company.

References for last paragraph: UK Reg 12(1) and ADR 1.8.3.1 and 1.8.3.3

This training can be carried out by a DGSA, or an ADR instructor, but records have to be kept.

Spot on Dave, Thanks mate.

I have copied this to my boss via email.

I hope he does nt kill me for being a smart arse, cos that is not my intention.

Anyway, once again… A BIG tthankyou.

matchbox:
I have copied this to my boss via email

I hope you copied the whole of my last post to him :exclamation:

Again, with no disrespect intended, you’re NOT the smart @rse here.

There is a smart @rse at work here, but it sure ain’t you :open_mouth: the comment about driving with a photocopy is ridiculous in my view, and only serves to highlight ignorance. The last three-line paragraph of my previous post on this seems all the more relevant now, doesn’t it? (Rhetorical question.)

I’m glad to have been of help.

I just got told off by him.

He stated that the company DGSA advised him to the contrary (am paraphrasing him here.)

It’ll play out, I’m sure.

matchbox:
I just got told off by him.

He stated that the company DGSA advised him to the contrary (am paraphrasing him here.)

It’ll play out, I’m sure.

Yes, I’m sure you’re right about it playing out.

That’s why I’m careful with my phraseology. I stand by what I’ve said on the basis of the information supplied to me.

This relates to your original question: I wouldn’t knock your company’s DGSA, he might well have a valid argument. I can’t see it at this point in time, but that doesn’t mean that it doesn’t exist. Your company’s DGSA has access to ALL of the info.

Your second question is very straightforward, and requires no clarification, nor does my answer to it.

Your company’s DGSA knows perfectly well that legal quotes are required on this subject from now on, as do I. You’d be entitled to ask why you’ve been given a job for which you aren’t qualified, if in fact you were given a direct instruction to do it.

Another point on this question of loading vehicles: What direct instructions were you given? Or, what exactly are you expected to do?

With regard to the mislaying/ loss of my ADR original, I was advised that I was required to come off my own route tomorrow and defer to the Carslisle route as there were several tonnes of ADR material to be taken to various drop offs in Carlisle.

I reminded my boss that I had reported to him earlier the loss of my ADR and that a duplicate had been applied for.

As a consequence I said I would be unable to take the Haz load to Cslisle.

He said that it didnt matter because I had applied for a duplicate, he rebuked me and phoned the company H+S officer, who (unkown to me) is also the DGSM, Yet the DGSM name up on a board in the Traffic Office is totaly different to hers (The H+S officer) He said- she said I could carry it since I had applied for a duplicate. And all I would need was a copy of his copy of my ADR.

Complicated, pauses for breath.

I think this is ■■■■■■■■. I think I am right to stick to my guns and say, ok it’s my fault I lost the ■■■■ thing, but I aint takin a load ANYWHERE unless I have an original of my ADR.

Reference the loading of vehicles, we apply the following, if it is class 2 we look to see if it weighs over 333tonnes. If it does, and the driver doesnt have ADR, it does not go on him.

If it’s over 1000 tonnes of any of the others in any combination(excluding explosives and radioactives) , it does not go either on the non ADR.

It’s how we have been taught. If it’s wrong then I wish sum1 at our place would pick up on it.

OR train us to do so.

matchbox:
if it weighs over 333tonnes.

If it’s over 1000 tonnes

:stuck_out_tongue:

I’d hate to see that lot go bang.

Going back to the original question - as a non- ADR holding driver, unless somebody shows me an official document proving that I can carry something, then it’s my responsibility/duty to refuse it. I have no right to be taking other peoples word for it. I don’t have the ADR training , so I can’t make an informed decision. The only answer is to refuse it unless it is proved otherwise. Being involved in an accident where a substance ends up on the road, is not the time to find out you weren’t supposed to be carrying it, despite what the “bloke in the yard” said.

smoker:
Going back to the original question - as a non- ADR holding driver, unless somebody shows me an official document proving that I can carry something, then it’s my responsibility/duty to refuse it. I have no right to be taking other peoples word for it. I don’t have the ADR training , so I can’t make an informed decision. The only answer is to refuse it unless it is proved otherwise. Being involved in an accident where a substance ends up on the road, is not the time to find out you weren’t supposed to be carrying it, despite what the “bloke in the yard” said.

Absolutely spot-on. Unless the person telling you to do it has had APPROPRIATE TRAINING or is a DGSA.

You’re also spot-on about the need for ADR training, part of the training is designed so that you know what to do in an incident/accident.

Just because the person giving the commands happens to be the boss wouldn’t cut the mustard in Court I’m afraid.

matchbox:
With regard to the mislaying/ loss of my ADR original, I was advised that I was required to come off my own route tomorrow and defer to the Carslisle route as there were several tonnes of ADR material to be taken to various drop offs in Carlisle.

I reminded my boss that I had reported to him earlier the loss of my ADR and that a duplicate had been applied for.

As a consequence I said I would be unable to take the Haz load to Cslisle.

He said that it didnt matter because I had applied for a duplicate, he rebuked me and phoned the company H+S officer, who (unkown to me) is also the DGSM, Yet the DGSM name up on a board in the Traffic Office is totaly different to hers (The H+S officer) He said- she said I could carry it since I had applied for a duplicate. And all I would need was a copy of his copy of my ADR.

Complicated, pauses for breath.

I think this is ■■■■■■■■. I think I am right to stick to my guns and say, ok it’s my fault I lost the ■■■■ thing, but I aint takin a load ANYWHERE unless I have an original of my ADR.

Reference the loading of vehicles, we apply the following, if it is class 2 we look to see if it weighs over 333tonnes. If it does, and the driver doesnt have ADR, it does not go on him.

If it’s over 1000 tonnes of any of the others in any combination(excluding explosives and radioactives) , it does not go either on the non ADR.

It’s how we have been taught. If it’s wrong then I wish sum1 at our place would pick up on it.

OR train us to do so.

Pause for breath on my part… Here we go again.

I can’t comment about what’s on the board.

However, what you’ve been told about (your words “class two”) is completely wrong as is the rest of what you’ve been taught. I couldn’t possibly comment on whether you’ve remembered correctly, but If I’d trained you, I’d have made sure that you had a written procedure and a contact phone number in case of any problems.

I found it very interesting that the H&S manager is also your company’s DGSA, for that would be a logical step to make. However, the DGSA qualification is completely separate to any other qualification that that person has already. Unlike NEBOSH or IOSH (H&S quals) DGSA requires to be re-validated every five years.

Just because a person is “the H&S manager” DOES NOT make them a DGSA as well. DGSA is a completely separate qualification.

This part goes like this: You are absolutely correct not to drive an ADR regulated load without an original current ADR certificate. (UK Regs.24(6) as quoted earlier.)

The load limit for “class 2” as a blanket statement isn’t 333ltrs/Kgs (ADR 2007 1.1.3.6.3)

I’d now like to ask a simple question: may I please have the legal quote that says a photocopy ADR certificate is acceptable, since I’ve provided one that says it isn’t :question: That’s only fair.

You can copy the whole of this to your boss, if you like. To me, it sounds like he’s also being misled. It then wouldn’t be his fault if he’s only telling you the score as he understands it. That’s why it’s dangerous to take sides before the full facts are known.

As a general piece of advice, we’d all do well to remember that everybody has a boss and that companies work by a chain of command. Now if you boss’ boss is also the H&S manager that might explain things…

If the H&S manager’s boss gives that person lots of work to do as well as ADR compliance, is it surprising when things go awry…? There’s only so much that any human being can do in a working day.