Yes, companies transporting dangerous goods only as consignors were not obliged to appoint a safety consultant before, but they will have to do so by 31st December 2022.
Where does the proposal come from?
It all began in 2009, with a turning point in 2016. In fact, in 2009, the European Association of Dangerous Goods Safety Advisers (EASA) was founded, initially made up of 4 countries (Belgium, Hungary, Spain, and Poland).
Re-launched in 2014 at the first meeting hosted at the headquarters of the Association of Consultants in Germany, it had to change its name from "European" to "International" around 2020 to reflect the growing number of non-European countries participating in the statute of the Association.
As IASA, the Association now counts 26 national associations in 21 different countries, representing more than 4000 members. And it was the IASA Joint Meeting Committee that proposed in 2016 to include the "consigning" activity in chapter 1.8.3.1 of the ADR among those obliged to appoint a consultant for the safety of the transport of dangerous goods.
The obligation of the ADR consultant (DGSA)
According to the most recent version of the 2021 ADR manual, in chapter 1.8.3.1 “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.”
A transition period has been provided for the application of the extension of this obligation until 31 December 2022.
Thus, from 1 January 2023, each shipper will be obliged to take advantage of the advice of a DGSA.
Who is a consignor?
According to the description given in the ADR manual, "Consignor" means the enterprise which consigns dangerous goods either on its behalf or for a third party. If the transport operation is carried out under a contract for carriage, consignor means the consignor according to the contract for carriage.
Who is a DGSA?
DGSA stands for “Dangerous Goods Safety Advisor”.
Chapter 1.8.3 of the technical annex 'A' to the ADR Agreement describes the advisor's duties and responsibilities.
Long story short: the ADR Consultant must, under the duty of the head of the company, seek all the means and promote every action, within the limits of the activities in the question of the company, to facilitate the performance of these activities in compliance with the applicable provisions and optimal safety conditions,
so:
- verify compliance with the provisions on the transport of dangerous goods;
- advise the company in operations concerning the transport of dangerous goods;
- draw up the annual report, intended for the management, on the company activities regarding the transport of dangerous goods;
- draw up the Accident Report (in the cases provided for by law);
- draw up the Company Safety Plan (in the cases indicated in chapter 1.10.3.2 of the ADR manual).
Obviously, the advisor position is extremely delicate and crucial in the dangerous goods' transport management.
The advisor can be the legal representative, a person identified among the internal staff, or an external individual.
This person must complete a training course and take a final exam to obtain a specific certificate that will officially make him an ADR consultant.
The ADR consultant is an added value!
We often consider the DGSA as an imposition of the law without considering the numerous advantages that can emerge from a positive collaboration with this professional figure.
The ADR consultant does not slow down, but on the contrary, facilitates the management flow: he helps us save precious time.
He also has the skills and tools to help you check the packaging, shipping, and transport processes.
DGSA can identify, highlight, and assess the consequences of the risks deriving from a possible accident: he helps us save money.
An ADR consultant is not always necessary by law, but if we rely on common sense, he is a reference figure we can no longer do without.