Health and Safety Executive

HSE - Chemical and Downstream Oil Industries Forum (CDOIF) - meeting 12 February 2003

03/02 mins

Minutes of the meeting held on Wednesday 12 February 2003 at HSE, room 1102, daniel House, Bootle

Present:

Chair:

Dan Mitchell

HSE, HID

Secretariat:

David Kyle

HSE, HID LD6

Advisors:

Ron De Cort

Keith Wilson

HSE, HID LD6

HSE, HID CD5

Members:

Robin Chapman

Kevin Dixon-Jackson

Duncan Foster

Ian Haskell

Martyn Lyons

Doug Russell

Mark Scanlon

Clive Sheil

Wayne Smith

Jeff Watson

Mike Wood

Ron Wood

CIA

CIA

ABPI

EA

TSA

USDAW

IP

UKPIA

BCF

LPGA

BCDTA

TGWU

Speakers:

Craig Bell

Martin Cooke

Pauline Hughes

Tom Maddison

Derek Pratt

HSE, SPD D1

HSE, HID LD3

HSE, HID CD4

HSE, HID CD2

HSE, HID CD2

Observers:

Andrew Mitchell

Andrew Murray

Tennant’s Distribution

HSE, HID LD6

Minutes Secretary:

Gill Chambers

HSE, HID LD6

1. Welcome and introduction

1.1.The Chair welcomed everyone to the first meeting of the Chemical and Downstream Oil Industries Forum, formerly known as the Chemical Industries Forum. He also welcomed Robin Chapman who was attending in place of Roger Alesbury (CIA), Andrew Mitchell attending as a guest of Mike Wood with a particular interest in the item on Falls from Vehicles, Ian Haskell from the Environment Agency, Craig Bell, Martin Cooke, Pauline Hughes, Tom Maddison and Derek Pratt from HSE attending to present items at the meeting and Andrew Murray from HID LD6 who was attending as an Observer. The Chair advised the members that Nigel Bryson has left GMBU. The secretariat will continue to keep in contact with the GMBU until his successor is appointed. Item 10 on COMAH and Pipeline Emergency Planning Liaison Group will be deferred to the next meeting due to the presenter not being available.

2. Apologies

Apologies were received from Roger Alesbury (CIA), Malcolm Bonnett (AEEU), Roger Jeary (Amicus), Brian McCay (EIG), and Jim Mowatt (TGWU).

3. Minutes

3.1 There were no amendments to the minutes of the meeting held on 22 October 2002.

3.2. Matters arising

3.2 (7.2 )- Manual Handling Benchmarking Exercise – the aim is to repeat the exercise although a timetable is not available.

4.1 DSEAR – as requested at the last meeting a representative of the Safety Policy Directorate will address the meeting to provide an update on the DSEAR regulations (item 6).

4.3 Trade Associations – a representative of the Hazardous Installations Directorate will present a report to the meeting (item 7) on HSE interaction with Trade Associations. The Trades Union members will liaise and present a report at the next meeting of the Forum.

5.2 Construction – Clients Charter – construction remains a Priority Programme. Any response from the chemical sector to the client’s charter would be welcomed.

7.1 Emergency Planning – HSE’s arrangements – the CIA was thanked for comments received.

8.2 Guidance on Human Factors – feedback has been received from the Institute of Petroleum.

13.2 Assessment of Safety Reports/Common Inspector Group – as requested UKPIA provided a list of top tier establishments.

4. Members issues

4.1 HSE Guidance Suite
Concern was expressed about revisions to the guidance on COMAH and the impact this has on operators in the production of their safety reports. Members were advised that changes to the guidance are made in accordance with HSE’s guidelines although it is appreciated that there may be difficulties for operators on occasions. However, comments made by operators are taken seriously in the development of the guidance. Discussions are currently taking place within HSE to consider how these difficulties can be overcome and how new guidance can be integrated into the existing guidance suite.

4.2. Hazardous Substances Consents -
The Office of the Deputy Prime Minister has responsibility for the legislation relating to Hazardous Substance Consents and the regulations are enforced by local authorities, not HSE. There is no provision under the legislation for operators to claim deemed consent for the presence of substances brought within scope by amendments to CHIP. Members were reminded that it is a legal requirement to seek consent when the qualifying level is reached. In most cases local authorities should not withhold consent for substances that were present prior to the CHIP amendment unless there are compelling reasons why they should, but the final decision rests with them. Further advice is contained in DETR Circular 04/2000.

4.3.Tank Construction - CIRIA
There is a project led by the Environment Agency with representation from HSE and the Tank Storage Association to report on tank construction and design standards. Concern was expressed about the potential for introducing new prescriptive requirements and duplicating work being done in Europe. These comments will be relayed to the HSE representative on CIRIA.

Action: Secretariat

4.4.ROSOVs–
All of the comments received have been collated into a single document but responses to the comments have not yet been made. Martin Lyons requested feedback on the TSA submission and HSE agreed to this.

Action: Secretariat

5. Best practice in permissioning -

Derek Pratt from HSE explained that different regulatory regimes are being studied to ascertain if there are any benefits in sharing best practice. There will be discussion between HSE and industry with the aim of improving standards. Members were invited to send him any comments.

Action: All

6. DSEAR

6.1.Members were updated on the implementation of the DSEAR regulations. A booklet ‘Fire and Explosion – how safe is your workplace?’ was distributed which gives a brief guide to the regulations. An internal liaison group has been established to discuss issues.

6.2.Appreciation was expressed for HSE’s practical response to industry to help them deal with the new regulations.

7. Trade associations

7.1.HSE has been looking at the impact Trade Associations have on health and safety, concentrating on issues such as Revitalising Health and Safety and engaging stakeholders. The aim has been to identify the Trade Associations, look at how HSE engages with them and how effective the engagement has been in improving health and safety. Martin Cooke, HSE, presented the key findings of the work.

8. Fundamental review of land use planning (FRLUP)

8.1. HSE is currently undertaking a fundamental review of land use planning and looking at how COMAH and land use planning interact. The team has consulted with a wide range of stakeholders. The project definition and executive summary will be sent to members who are invited to submit comments to the team on the areas that are relevant to them.

Action: Secretariat/Members

9. CDOIF and sector review

9.1.Members were given a presentation showing the key functions of HSE’s sector review and how it is proposed to relate to the different industry groups within the chemical sector. Members were given a summary of LD6’s aims to April 2004 and were shown how this will be incorporated into the HID programme of work.

10. Cabinet office regulatory impact unit (CORIU)

10.1.The Cabinet Office Regulatory Impact Unit is reviewing how HSE and the agencies regulate the chemical industry following representations about the burdens placed on industry by the permissioning regime. An action plan has been drawn up with short term, medium term and long term goals.

11. Falls from vehicles

11.1. Members were given a presentation on falls from vehicles showing how it was planned to implement HSE’s Priority Programme work on Falls from Heights. Views were expressed that there remained practical difficulties with compliance. It was proposed to hold a HSE- Industry meeting to explore the issues in more detail.

Action: M Lyons

12. Incidents and events

Members were advised on recent significant incidents and events.

12.1. Two successful prosecutions by HSE

12.2.A release of LPG

12.3.A fatality

13. Information items

13.1. Confined spaces questionnaire – members were reminded to return their questionnaires to Safety Policy Directorate

13.2. EC Marip – information on HSE major hazard research was provided to members.

14. Dates of next meetings

Wednesday 11 June 2003 (London)

Wednesday 22 October 2003 (Bootle)


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