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The TDG regulations apply:
- To all modes of transport: highway, rail, marine and air
- To all persons involved in the transportation process: consignors,
carriers and consignees
- In all jurisdictions: federal, provincial and municipal
Penalties for non-compliance can be severe.
Fines of up to $100,000 and even imprisonment can be imposed in the
worst cases. To avoid such penalties, a person must be able to prove
that he/she has taken all reasonable steps to comply with the legislation.
Who needs to be trained?
All of the consignor's and carrier's employees must be properly trained
so that they have a sound knowledge of those aspects of the Regulations
that relate to their duties. This may include, but is not limited
to:
- Classification and naming of dangerous goods
- Documentation
- Labels, placards and other markings
- Specification, selection and use of the Means of Containment
(MoC)
- Emergency Response Assistance Planning (ERAP)
- Safe handling practices
- Reporting accidental releases
- Reasonable emergency procedures that must be taken to reduce
or eliminate the danger to the public in the event of an accidental
release
Employer Responsibilities and Certification
- The employer must ensure that training is given to provide
each employee with this required knowledge. Upon completion of
adequate training, the employer must provide the employee with
a training certificate.
- An employer (or the self-employed person) must keep a record
of the training provided, a description of the training material
and a copy of the training certificate. These must be retained
for 24 months after their expiry date. The employer (or self-employed
person) must produce proof of training within 15 days after the
date of a written request by an inspector.
- A certificate is valid for 36 months from the date of training.
Before renewing a certificate or issuing a new certificate, the
employer must be satisfied that the employee still has the necessary
knowledge. At the employer's discretion, an employee may have
to undergo retraining before a new certificate is issued.
A certificate is not transferable to a new employer. If a person changes
employment, the new employer must issue a new certificate of training,
after ensuring he/she is adequately knowledgeable to perform the duties
of the new position.
- Both the driver and employer must ensure that training is up
to date. Employees must be kept informed of all changes to the
Regulations that relate to their duties. Additional training may
be required during the valid term of the certificate if an employee's
duties change, or if the Regulations change and the employee's
duties are affected.
Self-employed persons
A self-employed person, and in particular, an independent contractor,
must issue to himself/herself a training certificate as outlined above,
which contains his/her signature. A company utilizing the services
of an independent contractor may provide the training. Producing
the certificate
A driver must produce his/her certificate of training immediately
upon request by an inspector or peace officer. If a trained person
is directly supervising an untrained person, the trained person must
produce his/her certificate immediately upon a similar request.
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