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Major Hazards: The latest

This article is based on the Control of Major Accident Hazards (Amendment) Regulations, 2005 (COMAH).

The article will be useful reading if you are:

A safety representative;
A health and safety professional or;
Interested in health and safety.

Introduction

The original COMAH Regulations came into force on 1 April 1999. They implemented EU Council Directive known as the ‘Seveso II Directive’, and replaced the Control of Industrial Major Accident Hazards Regulations 1984 (CIMAH).

This legislation exists to ensure that businesses:

Take all measures necessary to prevent major accidents involving dangerous substances; and
Limit the consequence to people and the environment of any major accidents which do occur.

How does this affect me?

COMAH 2005 came into force on 30 June 2005. The regulations apply mainly to:

Chemical industry;
Some storage activities;
Explosives;
Nuclear sites; and;
Other industries where threshold quantities of dangerous substances identified in the regulations are kept or used.

You are bound by the regulations of COMAH if your business handles, produces, uses, stores or introduces, on any site, any of the 'dangerous substances' listed in the COMAH Regulations, in quantities equal to or exceeding the threshold specified. If your filing cabinet is full of nothing more dangerous than Chamber of Commerce magazines you are hoping to read some day and an old chocolate bar for when you have had to work late, you probably do not need to finish this fascinating article.

Seveso II aims to prevent major accidents, or limit the consequences for people and for the environment near establishments that hold or use specified substances. Most of the revisions in these regulations pertain to the changes to the lists of named dangerous substances or generic categories of substances that are used to determine whether the regulations apply and to what extent.

Which substances are dangerous?

'Dangerous Substances' include a number of named substances and substances falling into certain categories such as:

Toxic;
Oxidising;
Explosive;
Flammable;
Dangerous for the environment; or
Some carcinogens.

Named substances include:

Ammonium nitrate;
Oxygen;
Hydrogen;
Formaldehyde;
Halogens; and
Petroleum products.

Net Lawman advises you check the regulations to identify specific dangerous substances and categories and also the relevant thresholds. You should pay particular attention to the rules specifying how different substances are aggregated against the thresholds for categories.

A list of hazardous substances can be found using ‘CHIP Regulations’ - the Chemicals (Hazard Information and Packaging for Supply) Regulations. Where there is not already a standard CHIP classification you must undertake a self-assessment following the CHIP rules.

Changes made by the Amendments:

Changes include:

A redefinition of ammonium nitrate to cover lower percentage composition, and new classes covering self-sustaining decomposition and reject material;
A new named category for potassium nitrate fertilisers;
The specification of seven new carcinogens, and raised threshold limits for all carcinogens;
A new category for petroleum products to include gas oils such as diesel, naphtha, and kerosene including jet fuels, with thresholds that are half those of the previous automotive petrol category;
The redefinition of classes for explosives;
Lower qualifying thresholds for substances dangerous to the environment; and
A change to the aggregation rule that is applied to all substances classified as toxic, dangerous for the environment, flammable or oxidising.

And the result...

The accidents that occurred in recent years in France, the Netherlands and Romania, have taught us something about the major accident potential of high and medium-potency carcinogens and substances dangerous for the environment thus resulting in the updated and improved COMAH. Our assessment is that the amended regulations:

Have broadened the application of COMAH at mines, quarries, boreholes and waste landfill sites;
Contain clarifications on some requirements in the original regulations;
Contain many other amendments which are largely administrative, including compliance timescales for establishments affected by the changes, and notification arrangements for petroleum products.

These amendments ensure that COMAH continues to provide a high level of protection by placing appropriate controls on substances with the potential to cause significant damage to human health and the environment. A regulatory impact assessment estimates that the number of sites subject to the regulations has increased by around 14 per cent.

It can thus be concluded that the new COMAH is leaner, meaner and stronger, to deal with Major Accident Hazards.

The COMAH for you would mean that you would have certain new liabilities which can be taken care of by basic compliance to the regulations. As ever with such regulations, compliance is unlikely to be a problem until something goes wrong, but it is a good idea to comply and record now, so that in the awful event of a disaster, you are still insurable and in business.

Who regulates it?

COMAH is regulated by the ’competent authority’, which consists of:

England and Wales - the Health and Safety Executive (HSE) and the Environment Agency;
Northern Ireland - the Health and Safety Executive for Northern Ireland (HSENI) and the Environment and Heritage Service (EHS); and
Scotland - the Health and Safety Executive and SEPA.

What do I have to do?

The regulations apply at two levels. Which level you are in depends on the quantity of dangerous substances involved. These are:

· The 'Lower Tier'; and

· The 'Top Tier.

Those dealing with substances equal to or above the higher thresholds (Top Tier sites) will be subject to stricter controls than those equal to or above the lower thresholds (Lower Tier sites). The thresholds vary depending on the substance involved. You will need to check the regulations to establish which category your business falls into.

Operators of all COMAH sites, including both Top and Lower Tier sites, are required to:

Notify the relevant authority mentioned above that your business falls into the regulations. Notification must be sent prior to the construction of an establishment. Any additional information must be sent to the competent authority prior to the start of the operation. You will need to submit detailed information on:

The dangerous substances present;
The activity or proposed activity of the installation; and
Elements of the immediate environment which are liable to cause a major accident or aggravate the consequences in case of an accident

Prevent major accidents by undertaking a risk analysis to understand and predict

The circumstances that might lead to a major accident; and
The potential consequences of such an accident.
Define and implement all necessary measures to prevent major accidents.
Prepare a Major Accident Prevention Policy (MAPP) document that shows the adequacy of your business's safety management system.
Supply documented evidence that you have taken appropriate precautions, including plans, systems and procedures to the relevant authority. You should check the regulations for exactly what information is needed.
Should a major accident occur, take all necessary steps to minimise its effects on people and the environment.

You must inform the authority immediately if there is any significant:

Increase in quantities of dangerous substances stored on site;
Change in the nature or physical form of the dangerous substances;
Change in the substance processing.

If you experience a major accident such as a significant leakage, spillage, fire or explosion, contact the HSE Duty Officer immediately at 0151 922 9235 in England, Scotland and Wales and 0800 032 0121 in Northern Ireland. You should also contact the Emergency Spill Hotline on 0800 80 70 60. Ensure that this number is widely distributed to staff.

If the COMAH Regulations apply to you, you may also be regulated under planning legislation If you think this may apply, contact your Local Planning Authority (or the Planning Service in Northern Ireland) for details.

In addition, Top Tier sites are required to:

Submit a Safety Report to the competent authority and review it;
At least every five years;
Whenever there is a need to review it as a result of new facts or to take into account new technical knowledge; or
Whenever you change your safety management system.

You must inform the authority of these reviews, even if no changes have been made to the report. A safety report must be submitted prior to construction and prior to operation with dangerous substances:

You must inform the competent authority immediately of any changes to the Safety Report.
Prepare an On-site Emergency Plan before the establishment starts to operate. The plan must cover the action in the event of an accident. This should Inc
Supply information to your local authority to allow them to develop an Off-site Emergency Plan.

Supply information to local residents and business operators, within an area determined by the competent authority. This information will include details of:

The dangerous substances on-site, using common names where they exist;
The dangerous properties of the substances, for example explosive, flammable;
The safety measures to control the risk of an accident; and
The method by which the public will be informed and the action they must take if an accident occurs.

Note: new legislation taking effect from 1st October 2006 requires anyone "in control" over a premesis must carry out a 'fire assessment'. The old style 'fire certificates' will be invalid. Only a 'fire assessment' will be sufficient.

If by chance you find some error of law or fact in any Net Lawman information page, do please tell us. We should also welcome your suggestions for new subjects for information pages. These notes: