Health and Safety
Executive / Commission
Local authority circulars
To: Directors of Environmental Health/ Chief Environmental Health Officers of London, Metropolitan, District and Unitary Authorities and Chief Executives of County Councils.
For the attention of: Environmental Services /Trading Standards /Fire Authorities /Other
This circular gives advice to local authority enforcement officers
| Health and Safety Executive | Operational Minute | ||
| Field Operations Directorate | OM 2003/100 | ||
| Cancellation Date | 31/01/2008 | Open Government Status | Fully Open |
|---|---|---|---|
| Version No & Date | 1: 31/01/2003 | Author Unit/Section | FOD Safety Unit |
To
All FOD staff
NOTIFICATION OF INSTALLATIONS HANDLING HAZARDOUS SUBSTANCES (AMENDMENT) REGULATIONS 2002
1 On 21 September 2001, an explosion occurred in an ammonium nitrate stack at the Grande Paroisse/AZF factory in Toulouse. The explosion caused the deaths of 22 people in the factory and eight outside. There were many injuries and much property was damaged. The building concerned held between 300-400 tonnes of different compositions of ammonium nitrate.
2 Amendment regulations have been introduced to amend NIHHS 1982 specifically in respect of ammonium nitrate and mixtures containing ammonium nitrate where the nitrogen content exceeds 15.75% of the mixture by weight.
3 NIHHS 1982 prohibit the handling of certain hazardous substances in quantities equal to or exceeding those specified in Part I of Schedule 1 unless HSE has been notified. The NIHHS (Amendment) Regulations 2002 (Statutory Instrument 2002 No. 2979) came into force on 30 December 2002. The key changes are:
(1) the specified quantity, ie the threshold quantity of ammonium nitrate and mixtures containing ammonium nitrate for which notification is required, has been reduced from 500 to 150 tonnes;
(2) the minimum period of notice is amended from three months to four weeks; and
(3) Regulation 7 (NIHHS 1982) is amended such that no new categories of premises will fall to HSE. Enforcement at LA-enforced premises such as agricultural merchants remain with Local Authorities.
4 With effect from 30 December 2002, any person currently undertaking an activity, including any agricultural activity (defined in the Health and Safety (Enforcing Authority) Regulations 1998 reg.2) in which there is or is liable to be at any one time 150 tonnes or more of ammonium nitrate or mixtures containing ammonium nitrate will be required to notify HSE by 30 January 2003. The notification should contain the information set out in NIHHS 1982 Schedule 2, which is reproduced on HSE's explosives pages. Similarly, any person who commences such an activity after 30 December 2002 will be required to notify HSE within 4 weeks of commencing the activity.
5 HSE's Hazardous Installations Directorate manages NIHHS registers on behalf of HSE and it has been agreed that all notifications should be made to HID, who will collate and manage the notification database and distribute necessary information to FOD divisions, other government departments and Local Authorities.
6 Potential dutyholders under the Regulations will be advised to submit notifications:
(1) electronically to hidhelp@hse.gsi.gov.uk; or
(2) in writing to HID Help, 4th floor, St. Anne's House, University Road, Bootle, L20 3RA.
FOD Divisions and Local Authorities should forward any notifications received in divisional offices to HID Help as quickly as possible.
7 Notifications received under the Amendment Regulations will form the basis of HSE divisional programmes of inspection of ammonium nitrate sites in 2003/4 and, dependent on the number of notifications received, for 2004/5 and beyond.
8 There has been extensive discussion with agricultural industry representatives about the proposed regulations and the impact on the farming community. Simultaneously, HSE (led by HID) has been reviewing (and is currently revising) the guidance on storage of ammonium nitrate. There will be an extensive information campaign in the relevant trade press to alert dutyholders to the changes in the notification requirements.
9 Additionally, to assist duty holders affected by this change, HSE has produced a self-help checklist (accessible via HSE's explosives pages to assist them to identify any further measures they need to take to ensure safer handling and storage of the material. The checklist has been issued to all those who were consulted on the draft regulations and will be issued to all who notify under the regulations. This checklist may assist in any discussions staff may have with dutyholders prior to the start of the divisional inspection programmes. Further information and guidance is available in the form of HSE leaflet IND(G)230L: Storing and Handling of Ammonium Nitrate.
Date first issued: 31 January 2003
(FOD/220/1001/2003)