Requirement to staff, which are engaged to the transportation of dangerous cargo and waste
There are general and special requirements for transportation of hazardous cargoes and wastes, as well as to any other type of transportation according to the licensing conditions (the Resolution of the Cabinet of Ministers of Ukraine number 1001, dated December 2, 2015. This material will consider special requirements (which are not usual matter for carriers of other types of cargoes and passengers) in terms of staff qualification.
What are hazardous cargoes/wastes?
Answer to the question will help to avoid unnecessary time and expenses, because if your cargo does not belong to the category of hazardous, its transportation through the territory of Ukraine will not require a license at all, and for transportation abroad it will be possible to have a much simpler license for international transportation of ordinary cargoes.
Article 1 of the Law of Ukraine “On Transportation of Hazardous Cargoes” (the Law number 1644-III, dated 06.04.2000) defines a hazardous cargo for the following characteristics:
1) By the form
- production waste (industrial).
2) Possible negative result, caused by features of cargo:
- damage to transport and buildings;
- harm to an environment;
- poisoning, injury, death of people or animals.
3) Categorization of hazardous substances:
- under international treaties;
- based on test results.
If you are planning to transport goods/wastes, which comply with the abovementioned characteristics, you will be required to collect a number of documents, as well as bringing your material and technical base and staff in compliance with the licensing legislation.
Who is responsible for the correct organization of transportation processes?
Unlike a traditional version of "a director" or "a head of a transport enterprise", an authorized officer (also known as a consultant) is responsible for an organization of safe transportation processes of hazardous cargoes in this sphere.
This requirement is stipulated by the licensing conditions in the sphere of transportation, which also contain a number of criteria, which an authorized officer must comply with.
His status in relation to a carrier of hazardous cargoes may be the following:
- an owner (including co-owner):
- a head;
- a shareholder;
- a hired employee.
Although the list of such statuses in the text of the licensing conditions itself is exhaustive, their annex number 5 gives a possibility to choose other options. For instance, a possibility to conclude a contractor agreement for consultant activity (based on contracts with other business entities and self-employed persons) is stipulated in addition to regular hired employees and a supplemental job.
Another important requirement for an authorized officer is an availability of a certificate of preparation and successful passing of the examination in compliance with the Agreement on Transportation of Hazardous Cargoes (European Agreement regulating the international carriage of hazardous cargoes by road), dated 30.09.1957.
Another requirement for a consultant is stated in the Order of the Ministry of Internal Affairs of Ukraine number 130, dated March 21, 2008, which sets the requirements for studying together with a preparation for corresponding examinations by consultants. Among other things, authorized officers submit a diploma of higher education in order to study, and therefore there must be an educational level not lower than a bachelor's degree.
In connection with an implementation of activities by a consultant, a carrier of hazardous cargoes is obliged to keep all documents containing records of such technological operations as equipment examination and repair of a tractor truck, tank etc.
Requirements for drivers
The licensing conditions of transportation stipulate the following key requirements for drivers of tractor trucks, who transport tanks, trailers etc. with hazardous substances:
- Absence of medical contraindications;
- Instruction / internship passing in compliance with the Procedure established by the Ministry of Infrastructure of Ukraine;
- Availability of skills to provide first medical care (based on the results of periodic studying);
- Availability of a driver's license in the following categories: С, С1, СЕ, С1Е;
- Availability of a driving experience of the above mentioned categories of at least three years;
- If you plan to transport hazardous cargoes outside the territory of Ukraine (international transportation), the requirements for experience will be complicated: experience as a driver on domestic routes transportation of hazardous substances (on the territory of Ukraine) must be at least one year or more;
- Driver's age must be at least 21 (twenty one) years;
- As a consultant, drivers must undergo the necessary studying and obtain a certificate (study conducted by classes of hazardous wastes).
- Requirements for educational level are not included.
It is important to mention that the law, which regulates the carriage of hazardous cargoes, requires obligatory insurance of employees against accidents and occupational diseases. This applies to those employees, who are involved in the transportation of hazardous substances.
Since transportation of hazardous cargoes and wastes is potentially dangerous to human life / health (and for an environment), namely, a human factor is the most likely cause of accidents, the relevant Ukrainian and international legislation sets rather serious and clear requirements for staff, who works with such categories of cargoes.
Before proceeding with studying on the carriage of hazardous substances, it is necessary to make sure that it is possible to place a scheduled shipment of cargo into this category. Because if they are not legally considered such, it will greatly simplify a business start.
If your cargo is still considered hazardous, you must first complete studying and attestation of a corresponding staff, and then you must obtain a relevant license for this type of transportation by the State Service of Ukraine for Transport Safety.
Do you need a license for transportation of hazardous cargoes and wastes?
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