The principal legislation is the Control of Major Accident Hazards Regulations 1999, which apply to sites where dangerous substances at or above specific thresholds are present.
Control of Major Accident Hazards Regulations 1999 - COMAH (SI 1999/743) as amended by SI 2005/1088.
The COMAH Regulations implement the EC COMAH (Control of Major Accident Hazards) Directive of December 1996, known as the ‘Seveso II Directive’. They replace the Control of Industrial Major Accident Hazards Regulations 1984 (CIMAH) and came into force on 1 April 1999.
The Regulations aim to prevent and mitigate the effects of major accidents involving dangerous substances (e.g. chlorine, LPG, explosives) which can cause serious harm to people and/or the environment. They set out the requirements and considerations for specified industrial situations that involve the use, storage or handling of significant quantities of dangerous substances. The enforcement body in England and Wales is called the ‘competent authority’ (CA) and consists of the Health and Safety Executive (HSE) and the Environment Agency.
Installations are covered by the Regulations if they store above certain threshold amounts of dangerous substances. The installations are classified as ‘top-tier’ or ‘lower-tier’ sites depending on the amount of dangerous substances stored. For example, companies which store between 500 and 1999 tonnes of Gas Oil with a risk classification of R51/R53 will attract Lower Tier status in these Regulations. Those storing 2000 tonnes and above are classed as Top Tier.
Operators of all COMAH installations are required to notify basic details to the competent authority (unless they have previously submitted safety reports under CIMAH). Lower tier sites are required to prepare a ‘Major Accident Prevention Policy’ (MAPP). This is a statement of intent rather than a detailed description of the arrangements which are in place.
Top Tier sites do not need to produce a MAPP as a separate document. They will include the same information in a Safety Report which also contains detailed information to demonstrate that all necessary measures have been taken to prevent and limit the consequences of any major accident. Safety Reports are submitted to the CA for assessment. These sites also have to produce on-site emergency plans and provide their neighbours with information. Local Authorities are required to produce off-site emergency plans based on information received from the operator.
The changes introduced by the 2005 amending regulations, which come into effect on 30th June 2005, include: a time limit for preparing a MAPP; notification of certain modifications; modifying the requirements to consult; amending the quantities and classification of dangerous substances to which the regulations apply and requiring specific training in planning for emergencies for all personnel.
Guidance on these Regulations is contained in the HSE publication A Guide to the Control of Major Accident Hazards Regulations 1999.
Planning (Control of Major Accident Hazards) Regulations 1999 (SI 1999/981)
Implements land-use planning requirements from the EC COMAH (Control of Major Accident Hazards) Directive of December 1996, known as the ‘Seveso II Directive’. These cover the requirements to ensure that the objectives of preventing major accidents and limiting their consequences are taken into account in land-use planning policies and that these objectives are pursued through controls. They also cover requirements to ensure that planning authorities set up appropriate consultation procedures to facilitate implementation of these policies.
Public Information for Radiation Emergencies Regulations 1992 (SI 1992/2997)
Implement the 1989 EC Directive (89/618/Euratom) on informing the general public about health protection measures to be applied and steps to be taken in the event of a radiological emergency.
Define radiation emergencies in terms of dose levels. Set out the requirements for activities having a reasonably foreseeable risk of a radiation emergency to make publicly available certain information, including data on the consequences to people and the environment.
The area of risk to the public is defined by HSE, while each County Council must prepare and update information (and advice) on the risks of radiation emergencies in their County.
Radiation (Emergency Preparedness and Public Information) Regulations 2001 (SI 2001/2975)
The Radiation (Emergency Preparedness and Public Information) Regulations (REPPIR) are intended to implement articles 48 to 52 on intervention in cases of radiation emergency in an European Council Directive on the basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionising radiation (Directive 96/29 EURATOM). The Regulations subsume elements of the Public Information for Radiation Emergencies Regulations 1992.
Where there is potential for a radiation emergency, a risk assessment must be carried out which covers employees, and any other people, likely to be exposed. Employers should take reasonably practical steps to prevent an emergency, and where this fails, to limit its consequences by providing training, equipment and information to limit exposure. A risk assessment must be reviewed if it is more than three years old, or the nature of the work changes. The need for an emergency plan must cover not only operators but extends to rail carriers transporting radioactive substances.
Notification of Cooling Towers and Evaporative Condensers Regulations 1992 (SI 1992/2225)
Require all premises containing a cooling tower or evaporative condenser to notify the Local Authority where the building is situated in case of local investigations into the outbreak of legionnaires’ disease.