· Notice: Importance of Proper Dangerous Goods (DG) Acceptance, Declaration and Checking
· Please circulate this important notice to your relevant staff members and/or cargo build-up subcontractors and remind them to observe the requirements
CLG brought out at the regular meetings with HAFFA that it is a common practice for forwarders to outsource the process of cargo build-up to third party contractors (subcontractors), which results in forwarders not being able to conduct cargo acceptance check. Hence, if the build-up contractors fail to report any irregularities, cargo agents would then fail to identify any hidden DG (including lithium battery).
Mis-handling and improper shipping of DG (including lithium battery) by air may cause disastrous consequences. Any airworthiness incidents could affect Hong Kong’s position being a premium logistics center. In order to maintain a good reputation of the Hong Kong air cargo industry, Members are kindly reminded to strictly comply with the requirements of shipping DG by air. Please refer to the CLG’s reminder that outlines the requirement and carriers’ expectations on proper DG acceptance, declaration and checking by forwarders and their subcontractors. Members are kindly requested to circulate this important letter to your relevant staff members and cargo build-up subcontractors to draw their attention to the importance of the matter.
As mentioned in the CLG’s letter, relevant staff members must receive adequate training to perform their job functions, for example, staff of freight forwarders involved in the handling, storage and loading of cargo or mail shall have completed DG Category 5 training. Staff of subcontractors (e.g. warehouse and cargo build-up company), who perform a duty on behalf of the freight forwarders commensurate with functions of Category 4 and 5 personnel, should also receive similar DG training.
· To ensure compliance: CAD notice advised appropriate conditions be put into the contract
Members may recall that Civil Aviation Department (CAD) has issued a Dangerous Goods Advisory Circular (DGAC) in year 2008 advising that appropriate conditions be put into the contract between the freight forwarders and the vendors or subcontractors, to the effect that the latter will arrange their Category 4 and 5 personnel to receive such training so as to ensure compliance with the statutory requirements. The said DGAC is available at CAD’s website:
English version:
http://www.cad.gov.hk/english/DGAC/DGAC5-2008.pdf
Chinese version:
http://www.cad.gov.hk/chinese/DGAC/DGAC5-2008.pdf
· Sample Form: Internal Training Records (Bilingual version)
To facilitate you or your HR/training department to monitor the internal progress of DGA training, we have prepared a sample form of internal training records for Members’ easy reference. You may consider modifying the format and content of the sample so as to accommodate your unique procedures of administration and operations. The subject has been sent to the CAD for their information, and trust that it will facilitate you when preparing your internal training records for possible inspection by the CAD. You may download the soft copy of the sample form from hyperlink below:
https://www.haffa.com.hk/portal/Page/Default.aspx?id=540 [Member Only]
· Sample Form of Deed of Indemnity: Applicability of Dangerous Goods Training Requirements to Staff of Vendors or Subcontractors of Freight Forwarders
CAD, through DGAC 5/2008 (please see the above), has announced that staff of freight forwarder company’s vendors or subcontractors (e.g. trucking, logistics or warehousing company), who perform a duty on behalf of forwarders company commensurate with functions of Cat 4 and Cat 5 personnel, should also receive similar dangerous goods awareness training, while with the Cat 5 personnel using different measures. Members are strongly recommended to ensure compliance with the CAD requirements and it is advisable that appropriate conditions be put into the contract between the freight forwarders and the vendors or subcontractors, to the effect that the latter will arrange their Cat 4 and Cat 5 personnel to receive such training.
In order to facilitate Members in the aspect of contract, HAFFA has consulted our legal advisor and a form of Deed of Indemnity was prepared for Members’ reference purpose only [Both Chinese and English versions - Member Only]. Members should read the Explanatory Notes and send to your subcontractor both DGAC 5/2008 and Form of Deed of Indemnity if deemed appropriate. Please note HAFFA makes no recommendation for the adoption of the form or any part of it. Suitability and adequacy of the form or any part of it depend on individual circumstance and requirements. Before using any part of the form, Members are advised to seek your own professional legal advice with regard to the suitability. When concluding any new contract, Members may make suitable cross reference to this form of Deed. Alternatively, if considered appropriate, the relevant provisions can be set out in such contract.