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Dáil Éireann debate -
Tuesday, 1 Jul 2003

Vol. 570 No. 2

Written Answers. - Health and Safety Regulations.

Joan Burton

Question:

132 Ms Burton asked the Tánaiste and Minister for Enterprise, Trade and Employment if she has plans to review regulations governing the transport of dangerous substances, such as toxic acid, following the recent incident in Mulhuddart (details supplied); and if she will make a statement on the matter. [18455/03]

The Health and Safety Authority is conducting an investigation into the circumstances of the spillage of nitric acid from a vehicle in Mulhuddart on 10 June 2003. The focus of this investigation is to determine whether the goods were being transported in accordance with the Carriage of Dangerous Goods by Road Regulations 2001.

The transport of dangerous goods by road is regulated by the Carriage of Dangerous Goods by Road Regulations 2001 (S.I. 492 of 2001), made under the Carriage of Dangerous Goods by Road Act 1998. These regulations apply to the carriage, both in bulk and in packages, of dangerous goods by road, including the loading and unloading of the dangerous goods in relation to their carriage. They give effect to a UN convention, the ADR international agreement on the transport of dangerous goods by road as well as relevant EU directives. The regulations set out a comprehensive framework for the safe transport of dangerous goods by road.

The regulations impose duties on the consignor and on the carrier of the dangerous goods and also on the driver of the vehicle carrying the goods. They contain requirements for the vehicles, tanks, tank containers, receptacles and packages containing the dangerous goods during their carriage. They require that the drivers and others, involved in the carriage of the dangerous goods by road, including their loading and unloading, be adequately trained and, in the case of drivers, hold certificates of such training.

As the investigation into this incident has not been completed, I cannot comment further on the particulars of this case or speculate on possible factors or on any possible action that may be necessary pending the outcome of that investigation.

However, proposals being developed by the Health and Safety Authority for new regulations to replace the 2001 regulations are at an advanced stage. The new regulations will implement the 2003 edition of the ADR international agreement on the transport of dangerous goods by road as required by European Commission Directive 2003/28/EC. The authority has held extensive consultation on the new legislative proposals with representatives of industry, trades unions, Departments, State agencies, dangerous goods safety advisers, approved ADR driver training providers and the statutory dangerous substances advisory committee.

Question No. 133 answered with Question No. 87.

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