Transport Canada recently shared proposed changes affecting the official standard for Class 6.2 packaging and the Part 8 reporting requirements. The former is by reference to a proposed update to the CGSB standard; the latter by a Canada Gazette (CG) I notice.
Intention to Update CGSB-43.125 Reference:
Transport Canada has declared the intention of updating the referenced CGSB-43.125 packaging standard required for shipping Class 6.2 Infectious Substances under TDGR:
http://www.tc.gc.ca/eng/tdg/clear-modifications-menu-261.htm
(Note that Transport Canada does not recognize the 2003 Edition (Table of Safety Standards, TDGR Part 1.3.1- the 1999 edition is still the official version for transportation).
The Canadian General Standards Board (CGSB) has issued a draft update for CGSB-43.125 to replace the current 2003 edition. The draft is available for public comment until July 13, 2015.
Proposed changes include updating various regulatory references and changing the terminology to align with UN Recommendations: P620 (for 6.2, Category A- formerly CGSB “Type 1A, high integrity”); P620 (Category B & lower hazard Category A- formerly CGSB “Type 1B, routine”); and “Part III” general UN standardized packaging and non-standardized packaging for non-P620 wastes (formerly CGSB “Type 1C, waste”).
P650 packages will no longer require design registration. The standard will have separate sections for:
- Design/test/manufacturing (Part I);
- Selection/use (Part II- Cat. A & B);
- Selection/use (Part III- Cat. A & B for disposal/Medical-Clinical bio waste)
A copy of the draft may be obtained from Public Works & Government Services at:
http://www.tpsgc-pwgsc.gc.ca/ongc-cgsb/cn-cu-eng.html
Part 8 Reporting Requirements
The CGI proposal, issued for comment until July 6, 2015, addresses a variety of reporting aspects resulting in a complete replacement of Part 8 of the TDGR:
http://www.gazette.gc.ca/rp-pr/p1/2015/2015-06-06/html/reg5-eng.php
Theft/Tampering, Near Misses & Omissions
In addition to resurrecting the essential aspects of Interim Order No. 001 (July 2009- which “expired” in 2011 for lack of incorporation into the regulations), the re-vamped Part 8 proposes a reduction in the threshold for reporting releases in conjunction with a focused approach to the consequences of the release.
The requirement to report “anticipated releases” (previously termed “imminent accidental releases”) has been expanded to include releases from any container size if the focussed criteria are met.
Opportunities for Clarification
There appears to be a gap in the proposal in that there is no definition of “anticipated release” (to replace the withdrawn definition of imminent accidental release) in either the Act or the CGI proposal.
This, combined with the expansion of reportable quantities to (undefined) “Trace” quantities, will likely lead to confusion as to when a report is required.
Another potential area for discussion is the failure to address Class 9 and other articles in the proposed 8.2 Table.
Batteries, safety devices and other non-chemical DG no longer include a PG designation in Schedule 1. The 8.2 Table does not account for this (although perhaps not impossible, it’s difficult to envision that the conditions triggering a report – i.e. death of a person, evacuation, facility/road/rail line closures, etc.) would result from dropping a 35 kg battery…
In addition the table references PGIII in addition to PGII for Class 5.2- which seems to conflict with TDGR 2.25(3).
The indication of a voluntary reporting form with a Guidance Document, to come, may or may not help sort out some of these issues.
Other Changes
Transport Canada is also proposing to correct some errors that crept into the Dec. 31 amendments to Schedules- this will probably affect the proposed stated “Coming into Force” date which is now indicated as being 1 year after GGII- without distinguishing between The Part 8 and error correction sections.
As always, get involved and/or stay tuned for future developments.
