Poland ratified the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) on September 30, 1957, in Geneva.
The ADR agreement is a comprehensive legal document that covers many areas related to the transportation of dangerous goods. It consists of the main agreement, which defines the legal relationships between the participating countries, as well as Annexes A and B, which contain provisions that essentially regulate the conditions for the transportation of specific dangerous goods by road.
The provisions of the agreement are updated every two years.
Dangerous goods safety advisor (DGSA)
If a company is involved in the transportation of dangerous goods, the carrier must allocate at least one DGSA at their own expense. The obligation to appoint a DGSA does not apply to companies that transport dangerous goods in quantities smaller than those specified in the relevant ADR provisions (sections 1.1.3.6, 1.7.1.4, 3.3, 3.4, and 3.5) or engage in occasional domestic transport with minimal risk of environmental pollution.
The safety advisor can be the company's manager, another person holding a position in the company, or an external individual with the required qualifications.
The DGSA must possess a relevant certificate. The certificate is issued by the competent institution or organization authorized by each member state for this purpose. To obtain the certificate, the candidate must undergo training and pass an examination approved by the competent institution of the member state. The certificate must correspond to the sample provided in the ADR agreement and be recognized by all member states. If an safety advisor holds a member state’s certificate, it is recognized by the Polish institution.
ADR advisor responsibilities
The main task of a DGSA is to facilitate the transportation of dangerous goods in compliance with the applicable requirements and ensure the safe execution of this activity. The main duties of a DGSA include:
- Monitoring compliance with the requirements for the transportation of dangerous goods.
- Providing consultation to the company regarding the transportation of dangerous goods.
- Preparing an annual report on the company's activities in the field of dangerous goods transportation. This report should be kept for five years, and the company must submit it to the Voivodeship Transport Inspection by February 28 of the following year.
- Preparing an accident report in case of damage to human beings, property, or the environment.
Reporting
A DGSA prepares the annual report in two copies, signs it with their name and surname, indicates their certificate number and files it to the competent institution each year before 28th of February. It is important to remember that only a safety advisor can prepare such a report; the management board cannot perform this task.
Penalties
The laws specify fines for non-compliance with ADR regulations, for example:
Failure to appoint a DGSA - 5000 zlotys.
Failure to prepare and submit the annual report within the specified deadline:
- If it is less than 14 days overdue - 200 zlotys.
- If it is 14 days or more overdue - 2000 zlotys.
- If it is 3 months or more overdue - 5000 zlotys.
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