Fumigated shipping containers: Safe transport and unloading - a guide

• Fumigated shipping containers: Safe transport and unloading - a guide ( )
  Document Type: Guidance Note
  Keycode: web only
  Category: Hazardous Substances 
  Division Author: Manufacturing & Agriculture
  Publication Date: 06 June 2005
  Date First Published: 16 March 2004
  Summary: This guidance note provides information on how to control the risks associated with transport or unloading of fumigated shipping containers.

The purpose of this guide
The purpose of this document is to provide health and safety guidance to employers on how they can control the risks associated with transport or unloading of fumigated shipping containers. Federal quarantine laws require containers to be fumigated if the container holds products made from natural or fibrous material and if the container comes from countries known to be a source of animals or insects that would present an agriculture threat to Australia. These countries are mostly from tropical or sub-tropical regions. Information about the specific countries and the type of products that must be fumigated can be found at the Australian Quarantine and Inspection Service web site. (See under the “Further information” heading at the end of the Guidance Note for more details.)

Every person who manages or who employs people carrying out the shipping, transport or unloading of a container that has been fumigated has a duty under Victoria’s occupational health and safety law to control the risks associated with exposure to the fumigants. (For more details, see “Legislative responsibilities”)

Fumigants in common use
The most common chemical used in fumigants is methyl bromide. Methyl bromide is an odourless, colourless, toxic gas. To make the fumigant detectable, methyl bromide is often mixed with small amounts of chloropicrin. Chloropicrin is a chemical intermediate, fumigant, fungicide, insecticide, and is also used as tear gas. Chloropicrin is very dangerous and poisonous if inhaled in high concentrations. The substance attacks the eyes and may irritate nose, throat and skin. Repeated minor exposure may have a cumulative poisoning effect.

Other fumigants are used, including phosphine. However while the risks of exposure to these fumigants are the same as methyl bromide, the use of these substances is less common.

Why there is a health and safety risk from fumigated containers
People unloading containers that have been fumigated with methyl bromide have become ill from exposure to residual fumes. This exposure has come about because of inadequate or no aeration prior to the container leaving the docks. Although Federal laws require fumigated containers to be ventilated and fumigant levels to be tested immediately after the fumigation process, it’s known that these precautions are often not carried out properly.

Even if ventilation and testing for fumigant levels are carried out properly, it’s possible for potentially dangerous levels of methyl bromide to remain inside the container. This can happen if ambient temperatures rise after the container has been tested. This situation, combined with containers holding particularly fibrous or absorbent products, can result in shipping containers being delivered with potentially dangerous levels of methyl bromide fumes inside the container; e.g. softwood pallets can absorb fumigant fumes.

A small number of containers are taken through a relatively new process where fumigation and fume extraction is carried out in an enclosed space using forced ventilation of the container. Fumigant residues in the treated container are significantly lower than the more typical fumigation and ventilation processes. This forced ventilation process serves 2 purposes. It reduces health risks from unloading fumigated containers and it limits atmospheric contamination: methyl bromide is an ozone depleting substance.

The basic elements of controlling risks for fumigated containers
The basic elements of risk control for fumigated shipping containers are:

1. Information – Warning signs on containers and documentation to accompany transportation of the container.
2. Thorough ventilation – Effective ventilation of a fumigated container over 24 hours will disperse methyl bromide residues in the majority of situations. However, the doors of container must be fully open and facing a breeze. Use of a fan will also ensure thorough ventilation. Thorough ventilation is also achieved by forced ventilation (see above).
3. Training of people who may enter a fumigated container – People involved in the handling of the contents of a fumigated container need to be aware of the dangers and be trained in how to unload a container safely. This training is necessary even if containers have been thoroughly ventilated.

Warning signs and tags on containers
Informative and prominent warning signs on the fumigated container are a critical step in ensuring people are not vulnerable to being exposed to dangerous levels of fumigant. The employer in charge of fumigation of the container has an obligation to alert people using the container that it contains fumigant. The people “using the container” includes the person transporting the container after it has been fumigated. This obligation is consistent with an employer’s statutory duties under the Occupational Health and Safety Act 2004 (OHS Act) to provide health and safety information. (See also under the heading “Legislative responsibilities”.)

The transporter of fumigated containers should be able to expect that the container will be properly marked. However, the process of moving containers can obviously result in warning signs being dislodged or made unreadable. This is why WorkSafe Victoria will expect transporters of fumigated containers to check that missing or unreadable warning signs are replaced before the container is delivered to a customer.

Example of warning sign

The transporter may choose to provide drivers with a stock of fumigation warning signs or alternatively, make sure their drivers get the consignor to attach missing or damaged signs. The transporter is encouraged to notify WorkSafe Victoria if consignors are not attaching warning signs to fumigated consignors. This will allow a WorkSafe Inspector to investigate the reason for the absence of proper signage. It’s important to note however, that the person with the main duty to ensure proper signage on a fumigated container is the employer in charge of fumigation. At the time of writing this Guidance Note there may be limited availability of fumigation warning signs in Australia. Accordingly it may prove more effective for employers of fumigators and consignors to produce the signs. Because warning signs are not readily available, WorkSafe Victoria will allow a period of 3 months from the time of publication before it requires signs to be attached to fumigated containers. The sign illustrated here is similar to a type used in the USA. Another style of sign can be used as long as it conveys essentially the same type of information as the illustrated sign. It’s important that the sign is prominent, either by use of colour or size, or better still, by use of colour and size. As well as the main warning sign, door handle tags or strips should be used. The tags or strips for the door handles should contain essentially the same information on the main warning sign. The fumigation warning sign should be attached to the door of the container and warning tags or strips should be fixed to all door handles.

Risk comparison chart
At the end of this Guidance Note is a Risk Comparison Chart. This chart uses a “traffic light” system to give people with safety duties an easy way to compare risk control methods.

Legislative responsibilities
In addition to the general duties which apply under the OHS Act, there are a number of specific duties which apply under the Occupational Health and Safety (Hazardous Substances) Regulations 1999.

The general duties under the OHS Act are applicable to employers, independent contractors and people who manage or control workplaces. These duties are to maintain a workplace that is safe and without risk to the health of employees and to employers and self employed persons where the business may affect the health of people other than employees. See section 21 of the OHS Act for the primary employer duties, section 23 and 24 for the duty of an employer and self employed person for people other than employees and section 26 for the duty of people who manage or control workplaces. The section 23 and 24 duties are particularly relevant to the person who is responsible for fumigating containers.

The duties in the Hazardous Substances Regulations cover specific things manufacturers, importers, suppliers and employers must do to protect people at work against risks to their health associated with the use of hazardous substances. Methyl bromide and chloropicrin are defined as hazardous substances. The recommended actions in this Guidance Note will fulfil many of the obligations of employers prescribed in the regulations but employers should make themselves aware of the full extent of the duties in the regulations.

Acts and Regulations

Acts and regulations are available from Information Victoria on 1300 366 356 or order online at www.bookshop.vic.gov.au.

View the legislation at Victorian Law Today at www.legislation.vic.gov.au.