A 'workplace' is not limited to a company's premises. Employers also have the responsibility to ensuring safety of company drivers, as well as that of other 'bystanders'. Especially when dangerous cargo is involved.
In this blog I want to discuss the importance of following procedures prescribed by the law in the transportation of goods. The need for having this discussed was triggered by an incident that recently happened in Pretoria involving a truck carrying flammable goods and another vehicle. One might argue it was a sheer accident but as it claimed the lives of four innocent motorists, it remains to be seen whether all safety measures where implemented and whether this one done so as is described by law.
According to articles in the newspapers, a motorist driving behind a truck collided with the truck on the N1 highway in Pretoria. Due to the force of the impact the door of the truck opened and a barrel with a flammable substance fell off the truck. The barrel hit the bonnet of the motorist's vehicle, got damaged. Its content ignited immediately when it hit the warm bonnet of the car. The subsequent fire claimed the lives of the truck driver and the four passengers in the small car.
Regardless of who is to blame for the incident, the fact that a barrel managed to fall of the truck is reason to concern.
The law has stipulations and regulations on a transportation of dangerous and the packaging of such goods. Every company dealing in such goods should comply to these stipulations. A risk assessment should have been conducted to see if the barrels of dangerous substances do not pose a danger and are properly packaged. Code of practice SABS 0228 under sub-heading The identification and classification of dangerous substances and goods states that, 'dangerous goods shall be presented by the consignor for transportation packed in packaging that has been approved by an approved testing station and by the approved certification authority and marked in the manner contemplated in code of practice SABS 0233 Intermediate bulk containers for dangerous substances and code of practice SABS 0229 Packaging of dangerous goods for road and rail transportation in South Africa.'
The information in the news is to sketchy to jump to conclusions. But if the goods were transported in a truck which had been approved at a testing station, it is unlikely that an incident could have happened as it would have been unlikely that it would have past a test where the door could this easily be opened. A risk assessment could have identified any hazards involved in such malfunction.
Furthermore, the employer, or supervisor of the employee, were also expected to have done a thorough inspection of the vehicle before it left the premises to deliver. Whoever responsible for employees should have practically checked if barrels were secure, tied together and if the doors were tightly closed and locked.
Drivers transporting such good are also expected to be in possession of the adequate papers and have to be checked to see if they are competent and fit enough to transport flammable goods. Employers also have to assess risks to find out if drivers comply with the regulations on the road and the routes the take. Don't underestimate this need. A picture has recently gone viral on Facebook where it is seen how a petrol tanker of one of the major petrol companies in South Africa tries to overtake another truck on a rise, despite a solid line banning to do so and despite the driver is unable to see what is coming from the other side. The incident happened in the Eastern Cape and, as far as I know, no incident happened. Nevertheless the public is baying for the driver's head and the reputation of the petrol company is damaged.
Employers tend to employee drivers with just a drivers licence yet they do not establish if they are licenced to drive vehicles transporting flammable goods. This is one of the reasons that contribute to increase of incidents. The OHS act states that drivers of the vehicles transporting flammable goods should obtain a professional driving permit as referred to in regulation 115 (1) (f), after undergoing special training at an approved training body to comply with regulation 117 (e). Some of the vital parts of the syllabus teaches the driver general duties of the driver before proceeding on a route concerning, specifically, but not limited to, the condition of the vehicle, the documents to be kept in the vehicle, instructions regarding the route to be taken, warning signs and warning devices to be displayed or stored in the vehicle, the correct type and number of fire extinguishers to be fitted to the vehicle and protective clothing to be used. Also, the general behaviour expected of the driver on the route, amongst other things, planning of stops for deliveries or checking of the tyres and vehicle, and procedure to be followed in the event of stops, periods of driving allowed, action to be taken in the event of an incident occurring.
The above mentioned clearly indicate the importance of ensuring that, with regards to transportation of dangerous good, employers should seriously consider employing professional drivers or simple sending for training.
It is sad lives were lost, but this incident should be used as a lesson on the importance of vitalising the importance of legal regulations and implementing stringent measures to increase safety of our employees on the roads.
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