Although the Czechoslovak Republic ratified the ADR Agreement and incorporated it into the legal system through Decree No. 64/1987 Coll. in 1987, there are still many companies on the Czech market that do not comply with its obligations. In our experience, this situation occurs mainly for two reasons. Firstly, many companies have not even heard of the ADR Agreement or have limited information about its requirements – they rely on the inspection body not visiting their premises. Secondly, even auditors of the EN ISO 14001:2016 system often do not have sufficient knowledge of the Agreement to be able to ask questions and effectively check compliance with it in companies.

So, what are the most common arguments in internal audits?

1. Our company has been in the industry for over 20 years and this is the first time we have heard from you about the ADR Agreement.

We understand that years of experience can give you a sense of security – the fact that there hasn’t been an accident in your company in 20 years due to lack of knowledge of the ADR Agreement is definitely a positive. However, the length of time on the market does not automatically guarantee that all procedures and regulations are being followed correctly.

It is important to note that the absence of incidents or spot checks, for example by the Czech Environmental Inspectorate, may not always reflect the actual state of compliance. According to Act No. 304/1997 Coll., specifically Section 35, an undertaking is liable to a fine of up to CZK 1,000,000 for failure to comply with the conditions for transport of dangerous goods.

Therefore, investing in regular training and good ADR practices is not only a preventive measure against accidents, but also protection against potentially high financial penalties.

2. The company that exports our waste, or our contractor, has everything sorted out.

For larger companies specialising in the carriage of dangerous goods, it is true that they usually fulfil the legislative requirements of the ADR Agreement – but only in the role of the Carrier, as follows from Act No. 111/1994 Coll., § 23, paragraph 2. On the other hand, paragraph 1 of the same section lays down obligations for the Sender, i.e. for example the company where the waste is generated and which sends it. Paragraph 3 of this section sets out the obligations for Recipients of dangerous goods, for example, for production, for cleaning, for offices.

This means that even though the company that exports waste or delivers hazardous goods to you may have everything in order in their processes, you as the Sender or Recipient must fulfil your other obligations. For example, you need to ensure that your company has a designated safety advisor for the transport of dangerous goods, trained staff, properly maintained documentation and properly completed documents that are handed over to the carrier.

Although some aspects can be dealt with contractually – for example, by delegating the responsibility for completing documentation to the Supplier – the responsibility for training employees, providing a safety advisor or archiving documents still remains with you. In addition, you are also subject to penalties under Act No. 304/1997 Coll. If there were offences, these would ultimately be your affairs, not your supplier’s.

Therefore, it is important not to leave all responsibility to external partners, but to actively ensure that all legal requirements are met within your company.

3. We don’t have any dangerous items.

Are you certain that is the case? We recommend that you refer to Section 14 of the Safety Data Sheets that you received from the Supplier of the hazardous substance. This section contains key information for transport – for example, the UN number, official name, hazard class, packaging group and other important information such as environmental impact.

At Grant Thornton, we believe that these data belong in the Chemical Substances and Mixtures List (CHLAS). As a result, our customers have an overview of which substances and mixtures are considered hazardous in terms of ADR and can correctly enter the official entry in the transport document – without needing to consult an Advisor.

In our experience, the requirements of the ADR Agreement are continuously becoming more stringent and apply to an ever-wider range of substances and, ultimately, companies. Previously, ADR mainly applied to companies that received hazardous goods in large quantities for production purposes. Today, hotels, to which cleaning and disinfecting products are supplied, electronics retail chains, restaurants using cylinders and many other entities are also customers.

And what to do if you do not have a safety data sheet? This topic deserves a separate article, but we recommend that you urgently request these documents from your suppliers of hazardous substances. The supplier – that is, the person who places dangerous substances or preparations on the market – must provide you with the safety data sheet free of charge upon first handing over the substance. However, beware of situations where the Supplier claims that you can only download the safety data sheet from their website – this is not considered to be a proper provision of this document.

The best solution is therefore to set up internal processes for purchasing chemicals so that everything is in line with the legislation. We will be happy to help you with this.

4. 4. We only handle small quantities.

The ADR Agreement does not distinguish precise amounts that define “small” or “large” quantities of dangerous goods transported, under which you must comply with the ADR Agreement and under which you must not. Obligations arising from Section 23 of Act No. 111/1994 Coll. apply to all entities – whether you act as a recipient, carrier or sender – handling any quantity of dangerous goods.

Of course, there are situations where some obligations will not apply, especially if the transport is in exempted quantities. However, in order for a transport to be considered an exempted transport, specific criteria such as the substance to be transported and its quantity must be met. Determining whether a quantity is exempt is not so simple as to suggest that your company does not have to comply with any obligations based on a subjective assessment.

Moreover, even transport in exempted quantities does not completely relieve you of your responsibilities under the ADR Agreement. You may no longer need to have your own ADR Advisor, but you will still need to ensure that your employees are properly trained, that packaging is correctly labelled, that documentation is properly completed, etc.

At Grant Thornton, we can help you define your exempt quantity criteria and set up internal processes to ensure your shipments fall into the appropriate categories. This will ensure that your company is always compliant with current legislative requirements.

What can we help you with?

If you have read this article and have started to ask yourselves if your company needs to comply with the requirements of the ADR Agreement, please do not hesitate to contact us. We are here to help you review and improve your internal processes through specialized internal audits.

Internal EMS audit

This audit focuses on the environmental management of your company as a whole. We will visit your warehouse and assess what substances you are handling, how your waste management processes are set up and whether your documentation complies with legislative requirements. The result of the audit will be an overview of the legislative and other requirements that your company must comply with, and we will also determine whether or not the terms of the ADR Agreement apply to you.

Internal ADR audit

We will focus directly on the transport of hazardous substances. We will check what substances you receive, transport or send, what processes you have set up and how many employees come into contact with these substances. We will identify who will need to be trained, assess your existing documentation and give you a clear overview of whether or not you need to appoint an ADR advisor, what documents need to be prepared and how many staff members should be trained.

In addition, we are ready to ensure the subsequent implementation of our recommendations. We will provide you with an ADR Advisor who will prepare an Annual ADR Report, train your employees and set up the necessary processes to ensure that your company is always in compliance with current legislation. We are also able to prepare all documentation related to ecology or chemicals – for example, the Protocol on non-classification of an object, List of chemicals and mixtures or Basic risk assessment of ecological damage.

Do not hesitate to contact us – we are here for you and will be happy to help you ensure that your company is always prepared and compliant.