Dangerous goods in air freight

Certain goods may only be transported from A to B in accordance with regulations. For example, legal regulations apply to the dangerous goods process. In Switzerland, the law on the transport of dangerous goods applies, and the road traffic regulations (ADR), the regulations on the transport of dangerous goods by rail (RID) and the regulations on the transport of dangerous goods by air (LTrV) apply to the transport of dangerous goods.

In addition to other laws such as the Inland Navigation Act and sub-laws such as the Container Safety Act, Swiss dangerous goods law is based on the European Convention. This forms the basis for Swiss legislation, regulated in the Ordinance on the Transport of Dangerous Goods by Road (SDR) and the Ordinance on Dangerous Goods Safety Advisers (GGBV). Such regulations are thousands of pages thick.

In order to take account of the state of the art and developments, these guidelines are regularly revised. A current air transport amendment under the LFV and LTrV concerns the liability of airlines in the event of damage to passengers, damage to baggage or goods, and delays. The scope of liability (Montreal Convention 1999) is therefore subject to constant review by experts. Amendments to the LFV Ordinance, ultimately including the consideration of aircraft of special categories, such as drones, were last implemented on 1 January 2017.

Furthermore, the Globally Harmonized System (GHS; see box), an international set of rules for the classification and labelling of chemicals, the actual hazardous substances, has also applied in Switzerland since 1 June 2017. According to the Chemicals Act, hazardous substances must be subdivided into a new, clearer labelling system - into nine hazardous goods classes. Although it is not per se associated with the transport of dangerous goods, this change in work, like the safety data sheet, provides guidance for manufacturers, shippers, companies and ultimately also transporters who work with dangerous goods.

Classification of dangerous goods
Dangerous goods are goods that pose a risk to people, animals, the environment and property during transport. Since 2001, every Swiss company that packs, ships or transports dangerous goods must have registered a dangerous goods officer with the responsible cantonal authorities. If this is not the case, the manager is criminally liable and must expect consequences.

However, companies may also be exempt from the obligation to appoint a dangerous goods safety adviser. For example, if they do not exceed the so-called exemption limit per shipment/transport. "Carrying a commercially available paint thinner on a passenger aircraft is permitted. It becomes more problematic with a larger container," explains a danger expert to Management und Qualität.

"Air traffic regulations govern special categories."

Every dangerous goods safety adviser must proceed in accordance with Articles 11 and 12 of the Dangerous Goods Safety Adviser Ordinance. In fact, a great deal of expertise is required in dealing with the complex regulations, as well as good practical experience in implementing the regulations in day-to-day operational practice. Many Swiss companies are not in a position to describe all hazardous goods and substances, despite the labour law regulations.

For example, machine parts, refrigerators, frozen food and emergency lights do not belong in airline baggage without further ado. Frequent travellers know that cosmetic products, dyes, hair oils or cleaning agents may not be carried in hand luggage because they contain chemical or toxic substances. The risk of fire, corrosion or gas leakage on board an aircraft would be too great.

Nevertheless, even industrial suppliers are not aware of all the legal prohibitions. For example, products such as an oxygen generator or even an aircraft tire belong in the category of dangerous goods outside Zurich Airport. Such items do not pose a defined danger within the airport area or in built airframes. In a truck, however, pressurized objects can burst and cause serious damage.

Before freight, such as fire extinguishers, can take off in all directions or be transported beyond airport exits, it must be declared. So even though Zurich Airport is a licensed facility, SR-Technics freight transported by road would first have to be approved.

Protect supply chains
At international level, dangerous goods are referred to as Dangerous Goods, or DG for short. Dangerous goods for road or air are described comprehensively. Thus, entrepreneurs who want to drive an overloaded van over mountain passes can be severely punished.

"Dangerous goods are actually circulating everywhere, especially where you wouldn't expect them," says Nicole Räz, spokeswoman for the Federal Office for Civil Aviation (FOCA). A number of regulations are in place to more clearly identify hazards and protect people and the environment from the potentially harmful effects of chemicals.

The safety data sheet provides the occupational and industrial users of substances or preparations with the necessary physicochemical, safety, toxicological and ecotoxicological data with the aid of which the necessary measures can be taken for safety at the workplace and for the protection of health and the environment. They regulate, among other things, the safety at work, production, storage, use and disposal of a substance.

In addition, the classification of chemicals is regulated by the Chemicals Act (Federal Act on Protection against Dangerous Substances and Preparations). Since 1 June 2017, Switzerland has been in the process of adapting its legal regulations to the European rules. These are essentially in line with the REACH regulation (Registration, Evaluation, Authori sation and Restriction of Chemicals) of the European Union.

Nevertheless, insiders say that there is still a lot of classification work to be done, which will certainly continue until the final registration phase under REACH in the EU is completed in 2018.

The classification of chemicals with hazard potential into different groups depends on the type of hazard (e.g. explosive, toxic, highly flammable, environmentally hazardous, etc.).

This change in regulations does not have a direct impact on the sector, which is, however, supervised by the FOCA: "The only thing that changes for us are the new labels that will show the industrial dangerous goods," says the FOCA spokeswoman. The new labels must now be woven into DG regulations and manuals of transport companies. Last but not least, the responsibility for the safety of structures, installations, vehicles and operations per se lies with the transport companies.