Changing the way we regulate major hazards – a brief overview

In 2008 the COMAH Competent Authority (CA) initiated a fundamental review of its approach to regulating onshore major hazards in the UK. The programme represented an opportunity for the CA to modernise the regulatory regime and take account of the operational experience gained since the Regulations were first introduced.

Why now?

Periodically, it is important for regulators to review how their regulatory approaches have evolved and make adjustments in light of their own experiences and those of duty holders. After 10 years of operating the COMAH regime it was time for a review.

Also, a series of recent major incidents have raised concerns and led the CA to think more widely about how these incidents relate to the overall COMAH regime.

So, the CA considers the time is right to review how the COMAH regime is operating, and check that the CA has the right approach – in the right areas. In consultation with industry stakeholders and others, the CA has remodelled its key regulatory processes, and will implement a series of changes in April 2010.

What won’t change?

Although we will fundamentally change the way we work – the law is not changing and our priorities will continue to be:

Limiting the potential for the occurrence of major incidents
Ensuring that those who create risks meet their responsibilities to manage them and that in the event of a failure their emergency arrangements will work.
Assuring people who live and work near a ‘major hazard’ site that they can continue to do so safely and that the activities at the site take into account their safety and that of the surrounding environment, and
Helping industry to conduct its activities safely and recognise that individual failures undermine the sector as a whole.

So, what will industry notice as a result of the changes?

Well, firstly, better national coordination of the CA’s priorities. Whilst the Competent Authority Strategic Management Group already has the ability to address strategic issues such as leadership and performance etc, the new changes will deliver improved performance monitoring against existing, and emerging new priorities and ensure that the CA continues to focus on the right issues.

Additionally, improvements in this area will provide a better view of national performance and improve reporting arrangements to both industry and the public.

Another change will be to the way the CA, as a whole, approaches its interventions. Having listened to a range of stakeholders – the changes here will deliver a tighter, better paced, shorter, safety report assessment process; and more upfront face-to-face advice and guidance to duty holders as they prepare to submit their safety reports.

Alongside changes to assessment, duty holders will also see a step change towards inspection, with increased verification of safety report information on-site; providing duty-holders with better access to CA specialists, where it counts – on the ground.

The improved onsite visibility will enable site operators to get a better handle on what the regulatory priorities are for their site, and what to expect from any subsequent intervention activity.

Why are the changes important?

The COMAH CA sees these changes as very important, in improving external transparency within the regime, providing duty holders with a better insight to the CA’s decision-making processes; understand earlier what is expected from them, and importantly what they in turn can expect from the regulator. All of the changes will allow duty holders to confidently get on with meeting their responsibilities.

Fundamentally, the remodelled COMAH arrangements will provide industry with greater assurance that the CA will continue to take consistent approaches when dealing with broadly similar risks, and that the CA is focusing its resources on the areas of most concern and the industry’s’ poor performers.