Welcome Guest! The IOSH forums are a free resource to both members and non-members. Login or register to use them

Postings made by forum users are personal opinions. IOSH is not responsible for the content or accuracy of any of the information contained in forum postings. Please carefully consider any advice you receive.

Notification

Icon
Error

Options
Go to last post Go to first unread
pip306  
#1 Posted : 27 March 2018 16:12:52(UTC)
Rank: Forum user
pip306

Could anybody point me to a really simple document produced by the HSE or similar competent body on the legalities of transporting small amounts (we are talking 2 x jerry cans max 20litres each) from a petrol station in a private car by an employee for use in commerical grounds equipment used on commerical premises by employees (thus making it work related). 

Thanks in advance 

Ian Bell2  
#2 Posted : 27 March 2018 18:20:50(UTC)
Rank: Super forum user
Ian Bell2

Wouldn't be surprised if it invalidates the vehicle insurance - in which case it would be illegal to make an uninsured journey.

I wouldn't consider 40litres to be 'a small amount'. Carrying 40 litres is the best part of a full fuel tank for a small car. My car is full on about 45 litres - VW Golf size.

A 5litre can used for assisting/carrying in case of running out of fuel is acceptable. Any can has to be approved for carrying petrol.

DSEAR applies, even if your car insurance isn't invalidated.

A Kurdziel  
#3 Posted : 28 March 2018 09:12:40(UTC)
Rank: Super forum user
A Kurdziel

Does ADR apply?

Blackburn31728  
#4 Posted : 28 March 2018 09:15:18(UTC)
Rank: Forum user
Blackburn31728

Look up dangerous-goods-guidance-note-23 this has the answer

thanks 1 user thanked Blackburn31728 for this useful post.
A Kurdziel on 28/03/2018(UTC)
MattSmith189  
#5 Posted : 28 March 2018 09:41:40(UTC)
Rank: Forum user
MattSmith189

I'm happy for someone to correct me. But if my memory serves correctly... ADR would not apply in this case. However staff transporting the fuel must at least have ADR awareness training and also carry a small 2KG fire extiguisher and a spill kit. The petrol needs to be carried in UN approved containers also. Carrying petrol (UN1203) for business puroposes is legal up to 333L without ADR. Provided the above has been met. Personal use you can carry up to 250L believe it or not as long as it's in steel containers no larger than 60L or plastic containers no larger that 5L. Still in UN approved containers.

Edited by user 28 March 2018 10:00:15(UTC)  | Reason: correction of facts

thanks 1 user thanked MattSmith189 for this useful post.
pip306 on 28/03/2018(UTC)
Andrew W Walker  
#6 Posted : 28 March 2018 09:45:14(UTC)
Rank: Super forum user
Andrew W Walker

Originally Posted by: Blackburn31728 Go to Quoted Post

Look up dangerous-goods-guidance-note-23 this has the answer

I don't think that applies- the guidance is for 'personal & domestic' use. The OP states its works related, just that an employee is using their own car. As Ian has stated- there may be insurance implications.

Andy

Andrew W Walker  
#7 Posted : 28 March 2018 09:55:23(UTC)
Rank: Super forum user
Andrew W Walker

1.3 of ADR states that employees carrying Dangerous Goods must have training- there is no exclusion from this requirement.

ADR always applies when DG’s are carried- just in varying degrees.

A Kurdziel  
#8 Posted : 28 March 2018 12:07:19(UTC)
Rank: Super forum user
A Kurdziel

Looking at this again a number of practicalities suggest themselves.

  • How leakproof are the Jerry Cans- they should be kept upright just in case. That is easier in van than in the boot of car
  • Fumes in vehicle?
  • Spill kits when doing the actual transfer of fuel to the grounds equipment. Indoors or outdoors?

I feel a bit uneasy as the whole set up feels a bit “cheap” as if someone is trying to cut corners.

thanks 1 user thanked A Kurdziel for this useful post.
DavidGault on 09/04/2018(UTC)
MattSmith189  
#9 Posted : 28 March 2018 12:43:06(UTC)
Rank: Forum user
MattSmith189

Originally Posted by: A Kurdziel Go to Quoted Post

Looking at this again a number of practicalities suggest themselves.

  • How leakproof are the Jerry Cans- they should be kept upright just in case. That is easier in van than in the boot of car
  • Fumes in vehicle?
  • Spill kits when doing the actual transfer of fuel to the grounds equipment. Indoors or outdoors?

I feel a bit uneasy as the whole set up feels a bit “cheap” as if someone is trying to cut corners.

Always store containers upright, check them as well for tightness. There shouldn't be any fumes if the container is fit for purpose. When transfering having a spill kit accsessable is best practice. Always with adequate ventalation.
thanks 1 user thanked MattSmith189 for this useful post.
A Kurdziel on 04/04/2018(UTC)
douglas.dick  
#10 Posted : 28 March 2018 12:53:23(UTC)
Rank: Forum user
douglas.dick

thanks 2 users thanked douglas.dick for this useful post.
pip306 on 28/03/2018(UTC), A Kurdziel on 04/04/2018(UTC)
Adams29600  
#11 Posted : 28 March 2018 14:19:26(UTC)
Rank: Forum user
Adams29600

Don't know whwere the guidance comes from, but a notice at our local petrol station says you can only fill a maximum of 2 X 5 litre approved containers with fuel (petrol or diesel) which seems a good starting point.

pip306  
#12 Posted : 28 March 2018 14:52:18(UTC)
Rank: Forum user
pip306

Thankyou for all your comments this does help. 

It is not "Cheap" operation as one person suggests and as you can tell from the post we are trying to improve standards however we have 163 extremely remote sites so going to a petrol station once a moth for a bit of fuel for their mowers is at the moment the only solution as they do not have company vehicles as there is no need for them.

The fuelling of grounds equipment is not relevant to this post our employees all receive training on use of grounds equipment and they are regularly assessed and monitored. 

thanks 1 user thanked pip306 for this useful post.
A Kurdziel on 04/04/2018(UTC)
MattSmith189  
#13 Posted : 28 March 2018 15:01:04(UTC)
Rank: Forum user
MattSmith189

Pip,

As you are using it in mowers, might I suggest the use of Aspen Fuel. This is an enviromentaly friendly fuel that reduces emmisions massively.  The benzene and suplhur conent is almost nil. It's been a game changer within the tree surgery sector for example especially with workers health. See www.aspenfuel.co.uk I previously worked for AAOIL who are the UK distributor for the product. I could put you in touch with someone there. Unless i've gone way off track...

Also direct deliverys can be arranged.

Edited by user 28 March 2018 15:02:57(UTC)  | Reason: Ammendment

chris42  
#14 Posted : 28 March 2018 15:12:34(UTC)
Rank: Super forum user
chris42

We could look at clause 1.1.3.1 (c) from ADR below which seems to state if it is ancillary to your main activity it is exempt from any ADR requirements. You still need to look at max quantity you can carry in section 1.1.3.6 of ADR for the particular transport category and class of substance. My underlineing for the relevant part.

1.1.3 Exemptions

1.1.3.1 EXEMPTIONS RELATED TO THE NATURE OF THE TRANSPORT OPERATION

The provisions laid down in ADR do not apply to:

(a) The carriage of dangerous goods by private individuals …….

(b) The carriage of machinery or equipment not specified in this Annex ……..

(c) The carriage undertaken by enterprises which is ancillary to their main activity, such as

deliveries to or returns from building or civil engineering sites, or in relation to surveying,

repairs and maintenance, in quantities of not more than 450 litres per packaging, including

intermediate bulk containers (IBCs) and large packagings, and within the maximum quantities

specified in 1.1.3.6. Measures shall be taken to prevent any leakage of contents in normal

conditions of carriage.

 These exemptions do not apply to Class 7.

Carriage undertaken by such enterprises for their supply or external or internal distribution

does not fall within the scope of this exemption;

Point made for further discussion

Chris

johnmurray  
#15 Posted : 30 March 2018 09:28:20(UTC)
Rank: Super forum user
johnmurray

Carrying ANY substantial amount of work equipment (even a work toolbox) in a car invalidates the cars insurance.

My cars insurance carries a "carriage of own goods" on the policy.

I doubt whether any car insurer will carry the liability for carriage of employers equipment...

If it is stopped, the police will check...

SNS  
#16 Posted : 30 March 2018 11:34:50(UTC)
Rank: Super forum user
SNS

Originally Posted by: johnmurray Go to Quoted Post

Carrying ANY substantial amount of work equipment (even a work toolbox) in a car invalidates the cars insurance.

My cars insurance carries a "carriage of own goods" on the policy.

I doubt whether any car insurer will carry the liability for carriage of employers equipment...

If it is stopped, the police will check...

Business use insurance is an available add-on which will cover this. Travel from home to normal place of work is normally exempted but if you go to another place of work in your own vehicle that is a work journey and needs business travel cover.  The company should have this in their policy and checking regime.

johnmurray  
#17 Posted : 02 April 2018 09:47:15(UTC)
Rank: Super forum user
johnmurray

Originally Posted by: SNS Go to Quoted Post
Originally Posted by: johnmurray Go to Quoted Post

Carrying ANY substantial amount of work equipment (even a work toolbox) in a car invalidates the cars insurance.

My cars insurance carries a "carriage of own goods" on the policy.

I doubt whether any car insurer will carry the liability for carriage of employers equipment...

If it is stopped, the police will check...

Business use insurance is an available add-on which will cover this. Travel from home to normal place of work is normally exempted but if you go to another place of work in your own vehicle that is a work journey and needs business travel cover.  The company should have this in their policy and checking regime.

Most small businesses check nothing.

Around here, carrying ladders on the roof of the car gets you stopped and checked. Ditto for those foolish enough to do fast-food delivery, which is an always-win for the police.

My insurance policy for my car (all 8 pages of it) carries a phrase "spare fuel  carriage is restricted to 5 litres carried in an approved container"

Acorns  
#18 Posted : 05 April 2018 09:55:33(UTC)
Rank: Super forum user
Acorns

Pip, if you are attending so many remote sites, presumably your drivers are not remote for a month and their cars last longer than a month between refills.  Is there a means that you can bunker a modest amount of fuel via one or more locations?  Are there farmers/businesses who bunker their fuel that you can liaise with.  There may be a minimal fee involved but in practical terms it may well reduce if not completely remove your need to carry that amount of fuel in uncontrolled private cars - grey fleet being an often hazardous part of WRRR in its own right.   As above, most petrol stations limit can size to 2x5litre and larger for diesel.  

Stuart Smiles  
#19 Posted : 09 April 2018 20:51:33(UTC)
Rank: Forum user
Stuart Smiles

Consider a flatbed van (3.5t sprinter) with a fuel tank, less than 1000 ltrs on the back, and local storage for the fuel onsite, with an amount of fuel in tankes of a small size, on a bunded pallet, have the van/vans do a round and top up every few weeks, with x number of weeks storage. 

look also at hse guidance on bowsers as it seems to be a round to specific main sites, as was discussed by a previous poster, then perhaps retail exemption/distribution that you may rely on from there. - if you use 2x 5ltr containers in the car. otherwise you are looking at perhaps something more robust.   

as an option, I would suggest you consider: 

use a transfer pump to give you the fuel direct to the mowers, so that likelihood of spillage is reduced and the location is secure and ventilated to prevent theft and build up of fumes/explosion risk for petrol, perhaps where the equipment is currently stored. 

machine mart provide fuel transfer pumps that can be based on a drill to pump for small quantities as an option. 

for the fuel delivery on the "distribution" consider a fuel management system/provider so that you can measure quantities and record fuel usage/delivery as it is a commodity which has a habit of being stolen. the fuel delivey and metered delivery to specific devices allows better records management and visibility of use/theft etc. look at merridale, triscan for fuel delivery and samoa for oils/delivery and clean filling solutions. in the north east, there is a company we used previously called advanced workshops. based in team allyey, but they work nationwide. (Neil) was who we used. 

if you want to offload delivery to a fuel supplier, speak to certas energy for potential of direct delivery of fuels to sites

http://www.hse.gov.uk/cdg/manual/commonproblems/bowsers.htm 

http://www.samoa.ltd.uk/products 

https://www.machinemart.co.uk/categories/?search=fuel%20transfer

http://premiertechaqua.co.uk/second-navigation/contact-us.aspx - was conder interceptors 

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/3275/approved-derogations-transitional-provisions.pdf  

Edited by user 09 April 2018 20:54:44(UTC)  | Reason: added derrogations link - CDGRR

thanks 1 user thanked Stuart Smiles for this useful post.
A Kurdziel on 10/04/2018(UTC)
Users browsing this topic
Guest
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.