Transportation of Dangerous Goods Policy

The Transportation of Dangerous Goods Act (TDGA) is a kind of WHMIS on wheels to ensure the safe shipment of hazardous products. If you ship or receive shipments of hazardous products at your workplace, you must have a policy to ensure compliance with TDGA requirements.

This Model Policy is based on federal TDGA requirements that apply in all parts of Canada and can be easily adapted to meet the TDGA rules of your own jurisdiction.

Purpose

To ensure the safe transport of dangerous goods trucked to and from ABC Company’s workplaces in accordance with the federal Transportation of Dangerous Goods Act (‘TDGA’), as well as the associated TDGA regulations, the associated provincial TDGA statutes and regulations, the ABC Company Occupational Health and Safety Program (‘OHS Program’), and other applicable requirements and standards.

Definitions

For purposes of this Policy:

‘Carrier’ means a person, whether or not for hire or reward, who transports or possesses dangerous goods while they are in transport;
‘Classification’ means, with regard to dangerous goods, as applicable,the shipping name, the primary class, the compatibility group, the subsidiary class, the UN number, the packing group, and the infectious substance category as those terms are defined in the TDGA Regulations.
‘Compliance mark’ means a symbol, device, sign, label, placard, letter, word, number or abbreviation, or any combination of those things, that is to be displayed on a means of containment used or intended to be used in importing, offering for transport, handling or transporting dangerous goods to indicate compliance with a safety standard that applies under the regulations;
‘Consignment’ means a quantity of dangerous goods transported at the same time in one or more means of containment from one consignor at one location to one consignee at another location;
means a shipment of a controlled product that is contained, without intermediate packaging, in:
ate a danger, and includes a ch‘Consignor’ means a person in Canada who:
- ImportImIs named as consignor on the shipping document;
- Imports or will import dangerous goods into Canada; or
- If the above 2 bullets don’t apply, has possession of dangerous goods immediately before they are transported;
  - Note: A person may be both a consignor and a carrier of the same consignment, for example, a manufacturer who also transports the dangerous goods he or she produces.
- ‘Consignee’ means a person who receives or is intended to receive a consignment of dangerous goods;
- ‘Dangerous goods’ means products, substances or organismd included by its nature or by the regulations in any of the classes listed in the schedule to the TDGA, including:
  - Class 1 ‘Explosives, including explosives within the meaning of the Explosives Act
  - Class 2 ‘Gases: compressed, deeply refrigerated, liquefied or dissolved under pressure
  - Class 3 ‘Flammable and combustible liquids
  - Class 4 ‘Flammable solids; substances liable to spontaneous combustion; substances that on contact with water emit flammable gases
  - Class 5 ‘Oxidizing substances; organic peroxides
  - Class 6 ‘Poisonous (toxic) and infectious substances
  - Class 7 ‘Nuclear substances, within the meaning of the Nuclear Safety and Control Act, that are radioactive
  - Class 8 ‘Corrosives
  - Class 9 ‘Miscellaneous products, substances or organisms considered by the Governor in Council to be dangerous to life, health, property or the environment when handled, offered for transport or transported and prescribed to be included in this class
- ‘Handling’ means loading, unloading, packing or unpacking dangerous goods in a means of containment for the purposes of, in the course of or following transportation and includes storing them in the course of transportation;
- ‘Means of containment’ means a container or packaging, or any part of a means of transport that is or can be used to contain goods;
- ‘Means of transport’ means a road or railway vehicle, aircraft, vessel, pipeline or any other contrivance that is or can be used to transport persons or goods;
- ‘Offer for transport’ means, for dangerous goods not in transport, to select or allow the selection of a carrier to transport the dangerous goods, to prepare or allow the preparation of the dangerous goods so that a carrier can take possession of them for transport or to allow a carrier to take possession of the dangerous goods for transport;
- ‘Safety mark’ includes a design, symbol, device, sign, label, placard, letter, word, number or abbreviation, or any combination of these things, that is to be displayed:
  - On dangerous goods, on means of containment or transportused in handling, offering for transport or transporting dangerous goods, or at facilities used in those activities; and
  - To show the nature of the danger or to indicate compliance with the safety standards prescribed for the means of containment or transport or the facilities.
- ‘Shipper’ means a person who offers a consignment of dangerous goods for transport;
- ‘Shipping record’ means a record that relates to dangerous goods being imported, offered for transport, handled or transported and that describes or contains information relating to the goods, and includes electronic records of information.

Policy

As part of its commitment to ensure a safe and healthy working environment and carry on its business in an environmentally responsible manner, ABC Company will adopt the necessary measures to ensure that shipments of dangerous goods to and from its workplaces comply with the requirements of the TDGA, TDGA Regulations, and associated provincial TDGA laws while such shipments are handled and transported, including, without limitation, with regard to:

Classification of substances under Part 2 of the TDGA Regulations;
The creation, completion, and retention of shipping and other documentation required by Part 3;
The proper use of labels, placards, and other safety markings on means of containment and vehicles used to transport dangerous goods under Part 4;
Safe means of containment of dangerous goods before, during, and after transport under Part 5;
Provision of adequate training to personnel involved in or affected by dangerous good transport operations under Part 6; and
Incident and emergency response to incidents involving dangerous goods during transport under Parts 7 and 8.

Scope of Policy

4.1. Workers This Policy Is Intended to Protect

The intent of this Policy is to ensure that all workers engaged to work at ABC Company work sites where dangerous goods are transported or handled for transport are protected from the hazards such operations pose, regardless of who pays or employs those workers, including:

Full- or part-time workers employed by ABC Company;
Temporary employees placed by an outside agency to work at the site;
Contract labourers engaged to perform work at the site;
Volunteers who work at the site for free; and
Workers employed by prime contractors, contractors, and subcontractors to perform work at the site under a contract with ABC Company.

4.2. What This Policy Does & Does Not Cover

The intent of this Policy is to establish a framework for development and implementation of a specific and detailed system for the handling and shipment of dangerous goods. The specific procedures and measures required for particular operations will be developed as needed based on the dangerous goods transported, mode of transport, and methods of handling involved.

Roles & Responsibilities

5.1. ABC Company, Employer

Owners, corporate officers and directors, upper managers, and other representatives of ABC Company are responsible for overall implementation of this Policy, including ensuring that:

The resources necessary to implement this Policy effectively are provided;
Safe and secured areas are provided for the shipment, reception, and handling of transported dangerous goods;
All required safety training and information is provided and renewed at least every 3 years;
Shipments of dangerous goods are not made or accepted by ABC Company unless and until the requirements set out in this Policy are met;
This Policy is appropriately reviewed.

5.2. Safety Coordinator, Site Manager

The safety coordinator, facility manager, or other person designated as being in charge of safety at the workplace is responsible for ensuring the effective implementation of the measures required by this Policy, including ensuring that:

Safe and secured areas are provided for the shipment, reception, and handling of transported dangerous goods;
All required safety training and information is provided and renewed at least every 3 years;
Shipments of dangerous goods are not made or accepted by ABC Company unless and until the requirements set out in this Policy are met;
This Policy and is applied to prime contractors, contractors, and subcontractors hired to perform work at ABC Company sites involving exposure to dangerous goods during the shipping process in accordance with Section 8 of this Policy;
All records required to implement this Policy are kept and retained;
This Policy is appropriately reviewed.

5.3. Supervisors

Supervisors are responsible for day-to-day implementation of many of the measures provided by this Policy, including ensuring that:

All workers involved in or affected by the process of shipping dangerous goods receive, understand, and follow their TDGA training;
Safe work procedures for carrying out TDGA operations, including loading and unloading, are created and implemented;
Workers are held accountable for complying with this Policy, including where necessary via the imposition of discipline for infractions;
This Policy is properly applied to workers of prime contractors, contractors, and subcontractors hired to work at ABC Company work sites who may be exposed to dangerous goods during the shipping process in accordance with Section 8 of this Policy;
This Policy is appropriately reviewed.

5.4. Workers

Workers are responsible for knowing, cooperating, and complying with this Policy, including:

Showing up for and paying attention to their TDGA training;
Actually applying their TDGA training when performing dangerous goods shipment operations;
Being aware of and carrying out safe work procedures for handling dangerous goods during the shipping process;
Reporting any mishaps or hazards to their supervisor or manager.

5.5. Safety Committee/Safety Representative

ABC Company will consult with and secure the participation of the Safety Committee, Safety Representative, or where no Committee, or Representative exists, the affected workers at the site in developing and implementing this Policy, including with regard to:

Identification and assessment of hazards;
Development of TDGA training;
Development of safe work procedures;
Selection and monitoring of hazard controls;
Review of this Policy.

5.6. Visitors

Visitors to ABC Company workplaces are responsible for:

Staying away from areas of the work site where dangerous goods are received, shipped, or handled for transport unless they:
- Are authorized to be in those areas;
- Follow all applicable safe work procedures while in those areas;
- Use all required personal protective equipment;
Refraining from engaging in any conduct that distracts or interferes with the implementation of the procedures and protections set out in this Policy;
Complying with the terms of the ABC Company Visitors’ Health & Safety Duties & Responsibilities Policy.

TDGA Information & Training

6.1. Informing Workers of Hazard Information

ABC Company will ensure that all personnel involved in or affected by the transport of dangerous goods at ABC Company workplaces receive and are able to apply the safety training and information required by the TDGA, TDGA Regulations, and associated provincial TDGA laws so they can safely and effective carry out their function in the transport operation.

6.2. Training of Consignors

Personnel who, on ABC Company’s behalf, serve as consignors who offer dangerous goods for transport will receive safety information and training required to:

Properly classify the substances that are being shipped;
Ensure that units of shipped substances are appropriately packaged;
Ensure that means of containment are properly labelled and marked;
Execute the shipping document after verifying that it contains all required information;
Execute any additional documents or permits required for a particular shipment; and
Ensure that vehicles used to ship dangerous goods display the necessary placards.

6.3. Training of Carriers

Drivers and other personnel who, on ABC Company’s behalf, serve as carriers who transport the dangerous goods and responsible for them during transport will receive safety information and training required to:

Execute the shipping document after verifying that it contains all required information;
Ensure that the shipping description on the shipping document is consistent with the safety markings on the means of containment;
Properly inspect the vehicle and verify that it is in safe condition for transporting the dangerous goods;
Ensure that any required placards are properly displayed on the vehicle before the goods are loaded;
Ensure the shipping document is accessible at all times during transport;
Properly report any dangerous occurrences that occur during transport; and
Properly deliver the shipping document to the consignee when delivering the shipment.

6.4. Training of Consignees (aka Receivers)

Personnel who accept deliveries of dangerous goods, on ABC Company’s behalf, and thus serve as consignees, will receive safety information and training required to:

Properly accept and retain the shipping document from the carrier;
Notify the supplier to correct or otherwise react when there are TDGA problems with shipments;
Ensure that the shipment is safely unloaded from the vehicle;
Properly report any dangerous occurrences that occur during transport.

WHMIS & Hazardous Substance Requirements after Shipment Received & Unpacked

ABC Company will ensure that once consignments of dangerous goods shipped to ABC Company workplaces reach their final destination and are properly accepted and unpacked, they will be safely used, handled, stored, and disposed of in accordance with the ABC Company WHMIS Policy, Hazardous Substance Policy and other applicable health and safety policies and procedures.

Prime Contractors, Contractors, & Subcontractors

ABC Company will ensure that any prime contractors, contractors, and subcontractors hired to perform work involving potential exposure to dangerous goods while they are being transported to or from an ABC Company work site are, before such work begins:

Notified about the hazards the dangerous goods may pose during the shipping process to workers involved in the contract work;
Notified about the TDGA protections provided under this Policy; and
Required to ensure that these TDGA protections are provided to any of their own workers who may be exposed.

Prime contractors in control of work at an ABC Company site that involves potential exposure to dangerous goods while they are being transported to or from an ABC Company workplace will be required to provide exposed workers engaged in the contract work adequate protection against those hazards by either:

Directly applying this Policy to the contract work and assuming all of the employer obligations this Policy assigns to ABC Company; or
Developing and implementing an equivalent TDGA policy that meets the requirements of the TDGA, TDGA Regulations, and associated provincial TDGA laws and that is coordinated with and provides at least the same level of protection as this Policy to workers exposed to dangerous goods during shipping.

Evaluation

This Policy will be reviewed, in consultation with the Safety Committee or Safety Representative, at least once a year and more often in response to changes and developments affecting workers’ health and safety.