On August 15, 2002, new Canadian regulations on the transportation of dangerous goods, the result of a major makeover, became the law. The Transport of Dangerous Goods Regulations, Clear Language Editiona took immediate effect on that date, superseding the Transport of Dangerous Goods Act and Regulations. No grace period is being granted. Persons who ship Class 6.2, Infectious Substances — or any other class of dangerous goods — and want to remain compliant should have a copy of these new regulations in their shipping area. This new version of the regulations is far more user-friendly than, and an improvement over, the previous version.
For those who have been in compliance with the old regulations and ship Class 6.2 substances within Canada and internationally, the changes are not dramatic. There has been some very subtle rewording throughout, but in most cases, the spirit remains the same. Here is a quick review of the new regulations as they pertain to shippers of Class 6.2.
A change that affects all those who ship Dangerous Goods by air is the length of training validity. Previously, training for shipping by air was valid for 1 year, after that time, recurrent training was required. As of August 15, the validity of this training is 2 years (1). The validity for training in shipping by ground remains the same, namely, 3 years.
Another change, which affects only a small number of shippers of infectious substances, is the need for a Class 6 placard on any vehicle transporting Risk Group 4 organisms (2). An Emergency Response Assistance Program (ERAP) is also required for Risk Group 4 shipments (3).
The definitions for Dangerous Goods, infectious substances, diagnostic specimens, biological products, and genetically modified organisms have been rewritten for clarification. When compared with the definitions in the current regulations, they are virtually the same.
In parts 1.39 and 1.40 of the new Clear Language regulations, Risk Group (RG) 2 and 3 Exemptions are outlined. Part 1.39 suggests that these regulations do not apply to infectious substances included in RG 2 other than to a list of 8 found in subsection 2 of the part, if they are contained by the means of containment required, or permitted by Part 5, Means of Containment. In other words, the regulations do apply to these 8 but not to all other RG 2 infectious substances. Part 1.40 includes a list of 6 RG 3 infectious substances to which the regulations do not apply, if they are contained in a means of containment required or permitted by Part 5, Means of Containment. The regulations do apply to all other RG 3 infectious substances, except these 6. This seems to mean that, if you follow the regulations in relation to packaging, certain specimens are not subject to the regulations. Remember, however that when shipping by air, the International Air Transport Association (IATA) Dangerous Goods Regulations (DGR) do not allow for these exemptions and all RG 2 and 3 organisms must be classified as Dangerous Goods. Most courier companies and airlines, large and small, are affiliated with IATA and abide by their DGR.
The domestic and international transport by aircraft of infectious substances is fully covered in Part 12 of the new regulations. This part requires that consignments of Dangerous Goods offered for transport and transported by aircraft be done in accordance with the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO TI). Since the requirements of the IATA DGR are analogous with the ICAO TI, shippers should refer to the IATA DGR to prepare their shipments properly.
Means of containment (proper packaging) is covered in Part 5. The combinations of container type and RG sublists and exceptions are too numerous to cover here. Suffice to say that all shipments considered to be infectious must be prepared according to IATA Packing Instruction 602 (1A type packaging) and that diagnostic specimens being sent for initial or routine screening (for other than the presence of pathogens) be packaged according to Packing Instruction 650 (1B type packaging)b.
Both package marking and labeling remain basically the same. On the Shipper's Declaration of Dangerous Goods, IATA does not require a risk group indication in the technical name area; however, shipments originating in Canada should include the RG along with the technical name.
There are no longer 3 divisions of Class 9 dangerous goods. The new regulations cover Miscellaneous Products, Substances, or Organisms. Dry ice and certain genetically modified organisms fall under Class 9. (4)
Does a shipper of Class 6.2 dangerous goods need retraining as of August 15th? Part 6.5 of the new regulations states “A person's training should be up-to-date with these regulations…” Note that this statement is in italics. Part 1.3(1) reads “Anything written in italics in these Regulations is not part of the Regulations.”
One thing is clear. If you're not abiding by the new regulations, there is a Transport Canada Inspector out there who would like to have a word with you.
Footnotes
aThe new regulations can be found at http://www.tc.gc.ca/TDG/regulations.htm
bMeans of containment selection can be found in a table in Part 5.16
References
- 1.Transport of Dangerous Goods Regulations Clear Language Edition Part 6
- 2.Transport of Dangerous Goods Regulations Clear Language Edition Part 4
- 3.Transport of Dangerous Goods Regulations Clear Language Edition Part 7
- 4.Transport of Dangerous Goods Regulations Clear Language Edition Part 2