Introduction

The Control of Major Accident Hazard Regulations 1999 (The COMAH Regulations) are the latest in a series of regulations, made under Health and Safety legislation, which are aimed at reducing the risk to the public from sites which store and use a range of hazardous chemicals.

When taking planning considerations the impact of amendments made in 2005 and 2008 are fully integrated into the various off-site plans prepared by the Durham and Darlington Civil Contingency Unit.

Background

An accident in July 1976 at a chemical plant in the Italian town of Seveso led to the creation of the European Community ‘Seveso Directive’, which set up a Europeanwide legislative framework for managing industrial safety. This was adopted in 1982, and in 1984 the UK introduced the Control of Industrial Major Accident Hazard Regulations (CIMAH). After later amendment, these were replaced in 1999 by the COMAH Regulations.

The COMAH Regulations set out a range of hazardous chemicals and two threshold quantities – upper and lower – for each. Any site where storage exceeds either of the thresholds must comply with the Regulations. If only the lower threshold is exceeded, the site becomes a lower-tier site, while any site which exceeds the higher threshold becomes a top-tier site.

This is a brief summary of the requirements of the Regulations and their impact on Durham and Darlington.

Lower-tier sites

All lower tier sites must:

• notify basic details to the Health and Safety Executive who, in England, act as the ‘Competent Authority’ under the Regulations,
• take all measures necessary to prevent major accidents and limit their consequences to people and the environment,
• prepare a major accident prevention policy.

The basic details to be notified are:

• name and address of operator,
• address of establishment,
• name or position of person in charge,
• details of dangerous substances on site,
• site activities,
• environmental details.

The need to prevent accidents and limit their consequences is the underpinning principle of the Regulations. The intention is that the risk of an accident occurring should be reduced to the lowest reasonable level, according to the nature of the risk, but that if there were to be an accident then the means of responding to it have already been considered.

The major accident prevention policy is a statement of what is to be achieved and a summary of the safety management system. The policy should include:

• organisation and personnel,
• identification and evaluation of major hazards,
• operational control,
• planning for emergencies,
• monitoring, audit and review.

 

Top-tier sites

Top-tier sites must also:

• notify basic details to the Health and Safety Executive who, in England, act as the ‘Competent Authority’ under the Regulations,
• take all measures necessary to prevent major accidents and limit their consequences to people and the environment, and in addition:
• prepare and update a safety report,
• prepare and test an on-site emergency plan,
• supply information to local authorities for off-site planning purposes,
• provide certain information to the public about their activities.

The safety report provides more information than the major accident prevention policy, and must demonstrate to the Competent Authority that all measures necessary for the prevention and mitigation of major accidents have been taken. It must include:

• a policy on how to prevent and mitigate major accidents,
• a management system for implementing that policy,
• an effective method for identifying any major accidents that might occur,
• measures (such as safe plant and safe operating procedures) to prevent and mitigate major accidents,
• information on the safety precautions built into the plant and equipment when it
• was designed and constructed,
• details of measures (such as fire-fighting, relief systems and filters) to limit the consequences of any major accident that might occur,
• information about the emergency plan for the site, which is also used by the local authority in drawing up an off-site emergency plan.

The on-site emergency plan deals with the direct response to an incident at the site. It will include information on specific measures to be taken and environmental considerations.

Public information

The Competent Authority – in England the Health and Safety Executive – has to specify a Public Information Zone for each top-tier site which, taking into account the nature of the hazards and the surrounding area, includes the residents likely to be affected by a major accident at the site. The operator of the site has a duty to provide information to these residents without them having to request it.

The information to be provided is set out in the Regulations, and is:

• the name of operator and address of the establishment,
• identification, by position held, of the person giving the information,
• confirmation that the establishment is subject to these regulations and that the notification referred to in regulation 6 or the safety report has been submitted to the competent authority,
• an explanation in simple terms of the activity or activities undertaken at the establishment,
• the common names of the substances used at the establishment which could give rise to a major accident, with an indication of their principal dangerous characteristics,
• general information relating to the nature of the major accident hazards, including their potential effects on the population and the environment,
• adequate information on how the population concerned will be warned and kept informed in the event of a major accident,
• adequate information on the actions the population concerned should take, and on the behaviour they should adopt, in the event of a major accident,
• confirmation that the operator is required to make adequate arrangements on site, in particular liaison with the emergency services, to deal with major accidents and to minimise their effects,
• a reference to the off-site emergency plan for the establishment. This should include advice to co-operate with any instructions or requests from the emergency services at the time of an accident,
• details of where further relevant information can be obtained, unless making that information available would be contrary to the interests of national security or personal confidentiality or would prejudice to an unreasonable degree the commercial interests of any person.

Off Site plans

Local Authorities a duty to prepare an off-site emergency plan for each top tier site, setting out the response to an accident which affects the surrounding population and environment.

The objectives of both the on-site plan and the off-site plan are:

• containing and controlling incidents so as to minimise the effects, and to limit damage to persons, the environment and property,
• implementing the measures necessary to protect persons and the environment from the effects of major accidents,
• communicating the necessary information to the public and to the emergency services and authorities concerned in the area,
• providing for the restoration and clean-up of the environment following a major accident.

The off-site plan must refer to:

• the names or positions of persons authorised to set emergency procedures in motion and of persons authorised to take charge of and co-ordinate off-site action,
• arrangements for receiving early warning of incidents, and alert and call-out procedures,
• arrangements for co-ordinating resources necessary to implement the off-site emergency plan,
• arrangements for providing assistance with on-site mitigatory action
• arrangements for off-site mitigatory action,
• arrangements for providing the public with specific information relating to the
• accident and the behaviour which it should adopt,
• arrangements for the provision of information to the emergency services of other Member States in the event of a major accident with possible transboundary consequences.

Durham and Darlington have three top-tier COMAH sites, for which the Civil Contingencies Unit writes, maintains and tests the off-site plan.

A link to the Control of Major Accidental Hazard (COMAH) Regulations 1999 is http://www.opsi.gov.uk/si/si1999/19990743.htm

Links are available from this site to any amendments.