According to the dangerous goods law, the “authorized person” no longer officially exists since the amendment in the ADR 2011, but there are still authorized persons according to §9 OWiG, i.e. persons who are responsible for a part of the dangerous goods process.
Due to this responsibility, this authorized person should receive special dangerous goods training that enables them to fulfill their responsibility in the area of dangerous goods.
The one-day training course for authorized persons covers the current dangerous goods regulations (GGVSEB, GGAV, GbV), the contents of the framework regulation and Annexes A and B of the ADR, as well as exceptions and exemptions from dangerous goods regulations.
The task-related responsibilities in the transport of dangerous goods by road and the handling of the legal regulations are presented. The handling regulations and safety instructions when handling dangerous goods are dealt with in detail.
The advantage for you when we come to you is that there is no travel time for the participants.
Date:
The responsible dangerous goods advisor will coordinate the date and start time with you individually.
Duration:
8 UE and approx. 1 hour break
Book your training as a athorizised Please contact us. Together with you, we will coordinate your specific training needs and an individual date.
Wir führen die Unterweisungen bei Ihnen vor Ort durch. Die We carry out the instructions on your premises. The instruction is carried out by one of our dangerous goods safety advisors. He will clarify your needs with you in advance.
After the training, each participant will receive a certificate of attendance according to ADR 1.3, which will be accepted by the authorities.
With the clear dashboard of the compliance platform, you always have an overview of the processing status. You can set deadlines and assign tasks to specific contacts. All data and documents come together here. When visiting the authorities, all documents can be handed over easily and there are no delays. You can save time and nerves. Even if a new contact person comes along, no data can be lost.
Our instructors are dangerous goods officers for the various modes of transport. Participants have the opportunity to ask individual questions at the end.
All prices exclude VAT.
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What constitutes a so-called ” authorized person ” is defined, among other things, in § 14 des Strafgesetzbuchs (StGB) and in S§ 9 des Gesetzes über Ordnungswidrigkeiten (OWiG) . Here it is mentioned as follows:
“If someone is authorized by the owner of an entity or by someone otherwise authorized to do so to manage the entity in whole or in part, or expressly instructed to perform on his own responsibility duties/tasks that affect the owner of the entity, and if he acts on the basis of this instruction, […] he shall be criminally liable or liable under Ordnungswidrigkeitengesetz in the same way as an entrepreneur.”
If dangerous goods are transported, shipped, packed or handed over, companies must ensure that the duties of an authorized person for dangerous goods are performed.
Frequently, the plant manager acts as the authorized person. If other persons are appointed, they must be expressly instructed to assume the duties under the dangerous goods regulations on their own responsibility.
All companies that transport dangerous goods or are involved in such transport must appoint a dangerous goods advisor. A dangerous goods advisor is not authorized to give instructions, but is nevertheless responsible for checking the safety of dangerous goods processes.
To be able to guarantee this safety, § 5 of the dangerous goods advisor ordinance (GbV) stipulates that this person must attend a training course for dangerous goods advisors and pass an examination. The aim of the training is to teach the correct handling of dangerous goods and thus minimize the risk of accidents.
Compared to dangerous goods advisors, a reduced training is required for an authorized person for dangerous goods.
According to paragraph 2, point 1, the managers are addressed who, due to their position, could combine the mentioned characteristics and duties. Accordingly, these duties and responsibilities may already be described in the employment contract or job description, which would mean that the person is “automatically” assigned when hired.
According to paragraph 2, point 2, personal responsibility is described and an explicit assignment is required. This may involve managers, but this is not a necessary requirement. However, the person must have the competence to make decisions related to the assigned area of responsibility. If the approval of a superior is required or if the person only has joint responsibility, he or she is not acting on his or her own responsibility.
It is important that a written designation as authorized person according to § 9 OWiG is made in order to achieve an effective delegation. A tacit appointment or mere toleration of the performance of tasks is not sufficient.
No, the delegation of duties means that the delegate assumes the duties of the entrepreneur/employer to the extent specified, but the entrepreneur/employer is not released from all duties by the delegation of duties. He or she remains responsible for monitoring and control and must ensure that the transferred entrepreneurial duties are actually implemented. The entrepreneur must at least carry out random checks or have them carried out to ensure that the delegated duties are properly fulfilled. The ultimate selection, monitoring and control duty of the entrepreneur is not transferable.
According to dangerous goods law, the “authorized person” no longer officially exists since the amendment in the ADR 2011, but there are still authorized persons according to §9 OWiG, i.e. persons who are responsible for a part of the dangerous goods process. This role can be filled, for example, by the plant manager, logistics manager or warehouse manager. These persons are assigned to carry out the dangerous goods process via their position.
Due to this responsibility, this authorized person should receive special dangerous goods training that enables them to fulfill their responsibilities in the area of dangerous goods. This is crucial because they usually also serve as the first point of contact on site for all other parties involved in the dangerous goods process, such as forklift drivers, packers or other drivers.
For this group of people, our 1-day training for the authorized person for dangerous goods is developed. In the authorized person training all topics are discussed in detail and the learned knowledge is deepened by means of exercises.
An authorized person for dangerous goods is authorized to give instructions and is therefore directly involved in the implementation of the dangerous goods regulations. Therefore, he or she may also be subject to a fine or other sanctions in the event of violations. This also applies to violations committed by employees in their own team.
When shipping, packing and transporting goods, an authorized person for dangerous goods must also ensure that all persons involved receive instruction on dangerous goods legislation or, if necessary, training. This training enables you to instruct your employees.
The transfer of duties must always be in writing. It can also be made by employment contract. The written form makes it possible to prove which duties have been transferred and which person has been duly appointed. In terms of content, the transfer of duties requires that:
- the assigned entrepreneurial tasks are specifically described in terms of type and scope,
- the necessary responsibilities and decision-making powers are granted in order to be able to act independently,
- the interfaces to neighboring areas of responsibility are clearly defined and the cooperation with other obligated parties is regulated.
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