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
1 This circular advises LA enforcement officers on the action to be taken if they receive information about a fire involving equipment containing polychlorinated biphenyls (PCBs).
2 Discussions are being held with the Department of the Environment (DoE) and other government departments to clarity responsibilities in areas of overlapping legislation. However, it is important that in the short term there should be effective arrangements for dealing with an incident and that all public authorities which have enforcement powers or responsibilities should be involved.
3 Incidents have been reported, mainly outside the UK, in which installation containing PCBs have been involved in fires which have led to contamination of buildings with highly toxic products of combustion including polychlorinated dibenzo-p-furans (PCDFS) and polychlorinated dibenzo-p-dioxins (PCDDs).
4 Equipment containing PCBs may the found in all types of buildings, including factories, offices and residential accommodation. The most important applications are transformers and large capacitors. Analysis of the potential risks from such apparatus should be part of the COSHH assessment for relevant premises.
5 A fire involving PCBs is unlikely to involve greater immediate physical danger to occupants of the buildings and members of the public than any other type of fire. However, a risk to firemen who are fighting the fire may arise from the release of PCBs and their thermal breakdown products. Advice on these risks and the precautions to be taken has been issued by the Home Office to Chief Fire Officers.
6 Contamination of a building by PCBs and their thermal breakdown products may involve risks to:
(1) occupants who re-enter the building for any purpose: and
(2) those who enter the building to carry out inspection, clean up, decontamination or demolition work.
7 PCDFs and PCDDs accumulate in human tissues after exposure and may cause chloracne, and changes in liver function. Animal experiments suggest they should also be regarded as possible human carcinogens. It is prudent to keep exposures to these substances to a level as low as reasonably practicable. Further information on PCDFs and PCDDs may be found in the Department of Environments Pollution Paper No. 22 "Dioxins in the Environment" 1989.
8 Toxic waste may include soil, rubble and items of plant. Water used to fight the fire may also be a source of contamination capable of spreading beyond the building. Specialised technical advice to Waste Disposal Authorities (WDAS) is available from the Her Majesty's Inspectorate of Pollution and other professional staff in the Local Environment Quality Division of DoE.
9 Relevant legislation includes HSW Act, the Control of Pollution Act (COPA) and the Public Health Act 1936 (PHA) and other attendant Regulations. There will be overlapping areas between these Acts and under such circumstances the most specific and effective legislation should be applied. This will depend on the particular circumstances and will need to be agreed between the various enforcing authorities.
10 HSW Act will apply to risks to firemen on the fire ground and to work activities such as clear-up and demolition following the fire. PHA, enforced by LAs will apply to surface contamination in all buildings, but HSW Act may also apply, depending on the risk, in all but domestic premises. Disposal of contaminated waste is subject to COPA, which is administered by WDAS, but the protection of disposal workers is covered by HSW Act.
11 Although it is feasible to carry out sampling and analysis for PCDFs and PCDDS, this is extremely expensive. Laboratory methods are still being developed and results may be difficult to interpret. LA enforcement officers should therefore seek advice from HSE's Field Consultant Groups via the ELO, before advising sampling.
12 Until further notice LA enforcement officers who become involved in the investigation of a fire involving PCBs should, Without delay, liaise with other public authorities, particularly Fire Brigade, HSE and WDA. It may be advisable to hold a meeting at which actions and responsibilities can be agreed and the demarcation should be confirmed in writing to those authorities.