ChemRegs Newsletter – June 2024

UK publishes guidance on training programmes for ADR drivers

The Driver and Vehicle Standards Agency (DVSA) has published guidance on how to set up initial and refresher training courses for ADR drivers including what is needed, how much it costs, and how to apply.

Training providers must be approved by the DVSA to provide initial training and exams for drivers to get their ADR driver card (licence) and also to provide refresher training and exams for drivers to stay qualified as a dangerous goods driver.

Training can be provided either in a classroom or remotely using video call software. If training is provided remotely, trainers must still be able to carry out exams at their premises.

Training for drivers to get their ADR driver card must cover:

• The core module – this includes things like rules for transporting and disposal of dangerous goods, load security, driver responsibilities and protective equipment
• A module that covers at least one dangerous goods class
• The packages module or tankers module

Any course offered must follow a training programme that has been approved by DVSA. The training programme covers:

• What content is included in a course
• How long training should last
• How the training day is structured, including breaks

Training providers can either follow a pre-approved programme or get their own new training programme approved by DVSA. They can also either buy training materials from an authorised association or create their own training materials.

Providers must also show that they have suitable:

• Premises
• Equipment
• Staff
• Liability insurance
• Systems to monitor the quality of the training

Instructors must be qualified to provide ADR training and must have a:

• Valid ADR driver card
• Recognised qualification as a trainer of adults (for example, Level 3 or above in Training and Development  or certificate of teaching in the lifelong learning sector) or experience as a trainer
• Dangerous goods safety advisor certificate or relevant work experience in the transport of dangerous goods
• Valid first aid at work certificate
• Fire training qualification or experience training adults in firefighting

Training providers will also need to have an examination secretary to administer exams and supervise invigilators.
An invigilator is needed for every exam, who will prepare the room for exams, carry out and record identity checks, and supervise exams.

The full guidance is available from https://www.gov.uk/guidance/get-approved-to-provide-dangerous-goods-adr-driver-training

HSE Smarter Regulation

HSE is seeking to reform its chemical supply regulations as part of the government’s programme of ‘Smarter Regulation‘.

It is looking at 3 areas of chemicals legislation in Great Britain (GB):

• GB Classification, Labelling and Packaging of substances and mixtures (GB CLP)
• GB Biocidal Products Regulation (GB BPR)
• GB Prior Informed Consent for the export and import of certain hazardous chemicals (GB PIC)

These regulations are examples of direct-acting European Union (EU) legislation retained (as amended) in GB law following EU Exit, now known as assimilated law.

The Retained EU Law (Revocation and Reform) Act 2023 introduced powers to reform assimilated law and HSE is exploring opportunities to use powers in the act to reform assimilated law for chemicals to make it more proportionate for GB as a country outside the EU. These powers expire in June 2026, so any changes need to be made by then.

HSE will not be reforming the pesticides regulations and UK REACH, as any reforms to these legislations are the responsibility of DEFRA.

It is understood that the HSE will hold informal stakeholder engagement on the changes in the summer, to be followed by a public consultation later in the year (subject to ministerial approval). Implementation would take place from 2026 onwards and any further reforms would also be assessed then.

GB MCL List

HSE, as the GB CLP Agency, has updated the legal status of the GB Mandatory Classification and Labelling (GB MCL) list entries for 90 substances that were included in this list as a result of the 14th and 15th Adaptations to Progress (EU ATPs) to the EU CLP Regulation. The EU harmonised classification and labelling (EU CLHs) for these substances was adopted in 2017 and 2018.

Mandatory classification is a classification for substances that has been made legally binding within Great Britain. It is equivalent to the ‘harmonised classifications’ that exist under EU CLP. The mandatory classifications and the accompanying hazard labelling (MCL) are listed in the GB MCL list. Where a substance has an MCL for some or all hazard classes, suppliers to the GB market must apply it.

The GB MCL list is published as a spreadsheet on the HSE website. The classification changes in the 14th and 15th ATPs were added to the GB MCL with a note explaining that since these were in force prior to EU Exit Day, these would be retained. However, in January 2024, the HSE stated that the 90 substances in the 14th and 15th ATPs that were included in the GB MCL list were not actually retained in GB law at the end of the Implementation Period on 31 December 2020.

The Minister for Lords (MfL), with the consent of Scottish and Welsh Ministers, has now made a decision with regard to the GB MCL of 88 of the 90 chemical substances from these ATPs. The decision gives legal effect to the entries for these 88 substances in the GB MCL list (.xslx) under Article 37 of the GB CLP Regulation.

A consolidated Ministerial Decision has been published in the GB CLP publication table (.xslx), confirming the GB MCLs for 88 substances and the entry into force date and compliance dates of 26 June 2024.

HSE has updated the GB MCL list, giving legal effect to the GB MCLs for 88 substances, while removing the entries for the other 2 substances, titanium dioxide (in powder form) and granulated copper.

A CLP e-Bulletin has also been issued, alerting stakeholders to the updated GB MCL list and the HSE GB CLP publication table.

For the 2 remaining substances, titanium dioxide (in powder form) and granulated copper, additional information has been identified that requires further assessment under the Article 37A procedure of the GB CLP Regulation.

Dutyholders affected by the declassification of these 2 substances should self-classify in line with the GB CLP Regulation, while HSE further considers the GB MCLs for these 2 substances under the Article 37A procedure.

No timelines have yet been agreed for the Article 37A assessment of titanium dioxide (in powder form) and granulated copper.

Stakeholders will be alerted by a CLP e-Bulletin when HSE’s GB MCL proposals for these two substances are published on the HSE website.

More information on the GB MCL system is available on the HSE website.

For more information on anything in this Newsletter, please contact us at info@chemregs.co.uk