No consent is required but operators must produce and maintain a Major Accident Prevention Policy (MAPP) as outlined below.

The Safety Report should also include sufficient particulars to demonstrate that the operator has established a Safety Management System (SMS) including organisational structure, responsibilities, practices, procedures, processes and resources for determining and implementing the Safety Report.

Top-tier establishments are not required to produce a documented version of the Safety Report and SMS separately as under Regulation 7 can both be incorporated in the Safety Report.

Lower-tier establishments must produce a stand alone MAPP as they are not required to produce a Safety Report. Within this document lower-tier site operators must demonstrate that an SMS has been established.

All operators are also required under Regulation 9 to produce Emergency Plans.

Operations Notice 30: Arrangements for Reporting of Offshore Incidents

Duty Holders of offshore installations that transition to SCR2015 Regulations before 31 December 2016 are to report against the new arrangements (as well as well operators associated with these installations). All other duty holders will be notified when to begin using the new arrangements.

A single tool has been made available for reporting under the various relevant pieces of legislation. The updated version of Operations Notice 30 details the changes to arrangements for reporting of incidents in relation offshore workplaces, wells, offshore pipelines or pipeline works and diving operations.

Any establishment is subject to the COMAH 1999 Regulations (as Amended), if it has on site any substance specified in Schedule 1 of the COMAH regulations above the qualifying quantity.

Substances listed include liquefied extremely flammable gases (including LPG) and natural gas (whether liquefied or not). Substances classified as toxic, oxidising, explosive, flammable and dangerous for the environment are also included.

There are two threshold quantities:

• Establishments with quantities equal to or greater than the upper threshold are known as top-tier establishments.
• Establishments with lower quantities, but which are equal to or greater than the lower threshold, are known as lower-tier establishments.

Operators of existing installations that come under COMAH are required to notify the Competent Authority (HSE and SEPA/EA) of the details of their activities as detailed within Schedule 3 of the COMAH regulations, unless the information has already been supplied in a CIMAH or COMAH Safety Report.

Operators of new establishments should send notification within a reasonable time before the start of construction, normally 3 to 6 months. Additional notification is only required prior to the commencement of operations if any of the details in the pre-construction notification were missing or have changed.

Regulation 3 of COMAH states that all operators of establishments subject to COMAH must have a Safety Report. This document must be proportionate to the major accident hazards presented by the establishment and should include their overall aims and principals of action with respect to the control of major accident hazards.

Schedule 2 of the COMAH regulations lists principals to be taken into account when preparing a MAPP, including:

1. Organisation and Personnel
2. Identification and evaluation of major hazards
3. Operations control
4. Management of change
5. Planning for emergencies

Regulation 7 requires operators of top-tier establishments to submit a Safety Report, the purpose and contents of which are described in Schedule 3.

The Safety Report must include:

1. Information on the management system of the organisation and the establishment with a view to major accident prevention.
2. A description of the environment of the site including its geographical location, meteorological, geological and hydrographic conditions and if necessary its history. This section must also include the human environment of the plant including other establishments, local communities and their sensitivities.
3. Description of installation including main activities, processes and operation methods. This section must also include information on the chemical characteristics of substances contained on site.
4. Identification and accidental risks analysis and prevention methods, including potential triggers and consequences both internal and external and a description of the technical parameters and equipment used for the safety of installations.
5. Measures of protection and intervention to limit the consequences of an accident including equipment both on and off site, organisation of alert and intervention procedure and a summary of the elements necessary for drawing up the on-site Emergency Plan.

Regulation 9 stipulates that all establishments subject to COMAH must produce an Emergency Plan, however the procedure varies depending on the classification of the site:

• Top-tier establishments must produce two emergency plans in writing:

1. On-site emergency plan, which is prepared by the operator, to specify the response of those who work on site.
2. Off-site emergency plan, which is prepared by the local authority, to specify the coordinated response of agencies to an emergency which has off-site effects.

• Lower-tier sites do not have to produce a specific emergency plan, however the MAPP required by Regulation 5 should include information on the management system and procedures for identifying foreseeable emergencies. The level of planning for these emergencies should be proportional to the probability of the accident occurring.

Schedule 5, Part 1 of COMAH describes the objectives of Emergency Plans which are referred to in Regulations 9(1) and 10(1) as follows:

1. To contain and control incidents so as to minimise their effects, and to limit damage to persons, the environment and property
2. To implement the measures necessary to protect persons and the environment from the effects of major accidents
3. To communicate the necessary information to the public and to the emergency services and authorities concerned in the area
4. To provide for the restoration and clean-up of the environment following a major accident.

Regulation 9(3) and Schedule 5 provide for the production of an on-site emergency plan. The on-site plan must include:

• Names and positions of persons authorised to set emergency procedures in motion
• Person in charge of and coordinating the on-site response
• Name or position of the person with responsibility for liaising with the local authority (off-site emergency plan)
• For foreseeable scenarios, a description of the action which should be taken, including a description of the safety equipment and the resources available
• Arrangements for limiting the risks to persons on site including, warning, and alert procedure
• Arrangements for providing early warnings of the incident to the local authority, to set the off-site emergency plan in motion, the type of information which should be contained in the initial warning and the arrangements for the provision of more detailed information as it becomes available
• Arrangements for training staff in the duties they will be expected to perform, and where necessary coordinating this with the emergency services
• Arrangements for providing assistance with off-site mitigatory actions

Local authorities for the area where a top-tier site is located must prepare in writing an adequate emergency plan for dealing with the off-site consequences of possible major accidents. This document must include the following:

• Names of positions of persons authorised to set emergency procedures in motion and take charge of and coordinate off-site action
• Procedure for the early warning of incidents, alert and call out procedure
• Coordinating resources to implement the off-site emergency plan
• Arrangements for providing assistance with on-site mitigatory action
• Arrangements for all off-site mitigatory action
• Arrangements for providing the public with specific information relating to the accident and the behaviour which they should adopt

Local authorities must also consult with the public when preparing an off-site emergency plan.

Top-tier establishments:

New establishments must have a MAPP available from the day that the regulations apply (1st April 1999):

Other establishments have to prepare a MAPP as quickly as possible after coming into scope and should discuss the timescale with the Competent Authority (HSE/EA/SEPA)

Lower-tier establishments:

New establishments must submit a COMAH report “within a reasonable period of time prior to the start of operations”. Start of operation is taken as the first time that dangerous substances are introduced into the plant including commissioning. This is normally taken to mean up to six months before operation.

Existing establishments must submit a COMAH report when a review or update is due, or when changes in the establishments require an update. The minimum period for review is five years.

It is not necessary to submit a MAPP document to the Competent Authority (HSE/EA/SEPA), unless requested to do so. It will usually be requested before a visit and should be kept available for inspection. Inspectors will use it along with other data and information to plan and structure inspections.

The regulations provide for the Competent Authority (HSE and SEPA/EA) to undertake regular inspections and investigations where necessary.

Operators must implement procedures for the ongoing assessment of compliance with the objectives set by both the MAPP and the SMS.

This must include mechanisms for investigation and corrective action in cases of non-compliance. Following a major accident the Competent Authority will make a full analysis of the technical, organisational and managerial aspects of the major accident and collect by inspections, investigation or other appropriate means, the information necessary for that purpose. Appropriate action will them be taken to ensure that the operator takes any necessary remedial measures.

All occurrences which qualify as major accidents must be reported. A major accident is defined under Regulations 2(1) of COMAH as:

• “An occurrence (including in particular, a major emission, fire or explosion) resulting from uncontrolled developments in the course of the operation of any establishment and leading to serious danger to human health or the environment, immediate or delayed, inside or outside the establishment, and involving one or more dangerous substances”.

The following information must be provided when a major accident is reported:

• The circumstances of the accident
• The dangerous substances involved
• Any data available for assessing the effects of the accident on persons and the environment
• The emergency measures taken
• Steps proposed to prevent the recurrence of such an incident
• Such other information in the operators possession as will enable the Competent Authority (HSE and SEPA/EA) to notify the European Commission.

In respect of enforcement the COMAH regulations fall under the Health and Safety at Work Act 1974. The duty placed in the Competent Authority (HSE and SEPA/EA) by these regulations shall not be an offence, and Section 33(1)(c) of the 1974 Act shall have effect accordingly.

HSE is consulting on proposals to consolidate and modernise the petroleum legislative framework in Great Britain. The consolidation is intended to update current legislative provisions and make them simpler to understand.

Consultation commenced in December 2013 and ended in February 2014.

Further details can be accessed through the HSE website.

Since the December 2005 explosions and major fire at the Buncefield, Herts, Oil Storage Depot, worldwide perception about such sites has changed. The Health and Safety Commission established an independent investigation. Finding of the investigation are accessible via the Buncefield Report (PDF document).

The HSE have established a Task Group to report on the incident.

Bulk storage:

To improve protection of people and the environment, the EA/SEPA/HSE has consulted on the future policy of the storage of bulk hazardous chemicals, specifically petrol. This review is in response to many recommendations of the Buncefield investigation. The potential change in policy would apply immediately to any new sites. It is estimated that existing storage sites may take 10-20 years to comply with best practice.