Canada goes for CBTA

PRIME MOVER

REGULATIONS • CANADA IS SET TO BECOME THE FIRST COUNTRY TO APPLY COMPETENCY-BASED TRAINING REQUIREMENTS IN ITS DOMESTIC DANGEROUS GOODS TRANSPORT RULES

TRANSPORT CANADA has opened a consultation on its proposals to amend Part 6 of the Transportation of Dangerous Goods (TDG) Regulations, which sets out training requirements. The proposals, published in Canada Gazette Part 1 on 11 December 2021, aim to provide a stronger framework for the oversight of training by removing the phrase “adequately trained” from the TDG Regulations and inserting references to the new standard CAN/CGSB-192.3-2020, ‘Transportation of dangerous goods training, assessment and competency’.

The move comes as a result of increasing awareness that the existing provisions do not provide a robust set of rules and that, while most stakeholders meet or exceed the current training requirements, Transport Canada (TC) inspectors have identified that some employees lack the knowledge and skills required to conduct their dangerous goods tasks despite possessing a valid training certificate. TC’s TDG monitoring programme revealed that, of the 409 dangerous goods incidents resulting in injury or death reported between 2014 and 2019, approximately 55 were attributed to improper or insufficient training.

TC has been working for some years on the issue. It began a targeted consultation in 2016, involving more than 100 representatives from federal, provincial and local authorities, companies, industry associations and training providers, followed by a more tightly targeted consultation with 35 of these stakeholders; this was followed by a public online consultation and then the development of standards and proposals for regulatory amendment.

QUESTIONS RAISED In that consultation process, most stakeholders who provided comments agreed that the term “adequately trained” is subjective and should be clarified, by identifying the specific responsibilities regarding the training and the maintenance of knowledge and skills for persons who handle and transport dangerous goods.

It was also clear that cost is an issue and that any changes to the current requirements that resulted in added costs would be unwelcome. TC had already raised the idea of moving to a competency-based training and assessment (CBTA) approach, which some stakeholders felt could be costly. The general view was that any new provisions should allow for flexibility, with the option to use costeffective methods such as in-house and online training, where these methods meet TC’s standards, rather than on the sole option of off-site, in-person training. Indeed, if TC were to certify trainers, this could result in a reduction in available training capacity and an increase in costs to employers.

Those concerns were carried through into the development of the new standard under the direction of the Canadian General Standards Board (CGSB), with work carried out by industry, training organisations and governmental departments. CAN/CGSB192.3-2020 was published online in November 2020. One aim of its approach was that there should be no policy change for those employers that are already complying with

THOSE SUBJECT TO THE PROVISIONS OF THE TDG

REGULATION WILL HAVE TO DEMONSTRATE THAT THEY

ARE COMPETENT TO PERFORM THE ACTIONS REQUIRED BY

the training requirements. Also, by specifying the requirements for both general awareness and function-specific training and assessment in the training standard, the Canadian training requirements would be better aligned with international TDG training requirements.

WHAT’S THE DIFFERENCE? Competency-based training is a performancebased approach that focuses on the outcome (competency) rather than prescriptive methods (such as specifying the number of hours of training required). Competency-based training is deemed successful when employees demonstrate they have acquired the necessary “knowledge, skills and attitudes to carry out activities or tasks under specified conditions”, which represents the ‘assessment’ element of CBTA.

This approach is taking broader hold in industrial applications; in particular, the International Civil Aviation Organisation (ICAO) has employed it in various training provisions in general aviation disciplines and is preparing to introduce it to the carriage of dangerous goods by air as from 2023. Its plans have been widely circulated to give industry time to prepare and, based on feedback from dutyholders, have been amended and improved since they were first announced. ICAO defines ‘competency’ as a combination of knowledge, skills and attitudes required to perform a task to the prescribed standard. The main component of that standard is that employees (and the self-employed, who are also covered by the TC proposals) receive both general and function-specific training for their tasks; that there are set performance criteria in place to evaluate competence in performing those tasks; that records of training and assessment are maintained; and that there is recurring training and assessment as needed to maintain skills.

ICAO has encouraged the UN Subcommittee of Experts on the Transport of Dangerous Goods to consider the adoption of the CBTA approach across all modes. TC’s proposals are in line with that request.

PROPOSALS IN DETAIL TC is proposing that, instead of using the vague term “adequately trained”, the TDG Regulations will specify that, to be competent for TDG tasks, a person must receive both general awareness and function-specific training and assessment. The assessment would be documented in a ‘certificate of competency’, which would replace the current ‘certificate of training’.

The CGSB training standard would be incorporated by reference (as amended from time to time) in the TDG Regulations. The training standard would outline requirements for training, assessment and competency of persons who handle, offer for transport or transport dangerous goods by road, rail, marine and air in Canada.

The certificate of competency would contain similar information to that of the previous certificates of training. However, certificates of competency would need to indicate that the person has received general awareness and function-specific training in accordance with the standard. Function-specific training should be indicated by codes identified in the standard. Based on consultations, the requirement for an employee’s signature on the certificate of competency has been removed to minimise the information on the certificate. The requirement for certificates of competency to be signed by the employer, an employee acting on behalf of the employer or a self-employed person could be done electronically.

The provision will enter into force on publication in Canada Gazette Part II; however, there is a proposed 12-month transition period, after which time all training will have to comply with the new requirements. Employers may need to manage both the old and new requirements until the expiry of the certificates under the old requirements. This means it may take up to four years before all employees comply with the new requirements.

Before then, TC is planning to help facilitate implementation through a number of outreach and publicity efforts. Its website will be updated regularly, with new awareness materials, alerts, advisory notices and bulletins. The TDG website will also be updated to include the text of the amendment and any safety awareness materials developed in response to stakeholder requests. The TDG General Policy Advisory Council, which TC uses to consult with industry, will also provide information and updates on research; TC says industry is aware of the proposed amendment to Part 6. An article will be included in the TDG Newsletter for publication in the next issue after the amendment comes into force.

TC’s TDG inspectors and provincial/territorial inspectors will also be given training on the new requirements, which may include a combination of classroom instruction, web-based learning, advisory notes, bulletins, frequently asked questions and enforcement instructions. Costs for such training will be managed within TC existing resources.

Following the transition period, inspectors will ensure that all persons handling, offering for transport or transporting dangerous goods are competent, based on their functionspecific tasks and the company’s operations. To verify compliance of employers, inspectors could review certificates of competency and training records, and identify tasks that employees perform, ensuring that they are included in the employee’s task description. The consultation period ends on 9 February; full details can be accessed via TC’s TDG website at tc.canada.ca/en/dangerous-goods/ transportation-dangerous-goods-canada.