1 Modernising petrol legislation.
2 The Petroleum Enforcement Liaison Group is asked to draw up an action plan to:
(a) Monitor ongoing changes to enforcement arrangements for petroleum licensing as a result of the introduction of new safety controls implementing European Directives on chemical agents and explosive atmospheres, and ensure licensing authorities are kept fully up to date with changes
(b) Contribute to projects to develop new regulatory regime for retail petrol filling stations and new regime for domestic storage
(c) Assess implications of changes to legislation for licensing authorities in terms of training needs of enforcement officers.
(d) Assess financial/resource implications of changes to legislation for licensing authorities
3 HSE is committed to the modernisation of petrol legislation and this is being carried out in three phases:
4 DSEAR will abolish licensing for workplace storage and dispensing of petrol, which will instead be controlled by these regulations, enforced by HSE and local authority enforcement officers. This abolition will mean that Regulation 20 (and therefore, Schedule 12 ) of the Carriage of Dangerous Goods by Road Regulations 1996 (CDGRoad) will no longer apply to the unloading of petrol from road tankers at such sites because Regulation 20 does not apply if there is no petroleum licence. Unloading of petrol at these sites would instead be subject to Regulation 19 of CDGRoad, which is a goal setting regulation, unlike Regulation 20, which is prescriptive. The Health and Safety Commission is of the opinion that petrol unloading needed more control than was afforded by Regulation 19 and has asked HSE to produce an Approved Code of Practice (ACOP).
5 PELG members are asked to consider the resource implications for local authorities and petroleum licensing authorities (PLAs) of the removal of petrol licensing in the workplace. Environmental Health Officers (and HSE inspectors) will take on responsibility for applying health and safety controls including DSEAR to petrol in those premises for which they have responsibility under the enforcement allocation regulations. Transfer of expertise from PLAs will be required. There is also the loss of revenue to PLAs.
6 Harbour authorities will lose their licensing role and the duty will pass to the local authority covering the geographical area. When Phase 1 is completed, local authorities will take over the licensing of any retail petrol filling stations which are within a harbour area.
7 Projects have been established to develop options for a new regulatory regime, including enforcement arrangements, for retail petrol stations, associated tanker unloading and a new regime for domestic storage. In the meantime existing controls will be retained.
8 Responsibility for enforcement of DSEAR (which covers both petrol and LPG) at retail petrol stations will be allocated to PLAs, except for motor vehicle repair activities. This will bring an improved coherence to enforcement of fire and explosion risks to activities at these sites. At sites which have a mixture of motor vehicle repair and retail petrol dispensing, PLAs will be responsible for DSEAR in relation to petrol dispensing and HSE for any other application of DSEAR at the premises. This maintains the current split of responsibilities at these sites.
9 PELG members are asked to consider the resource implications for licensing authorities of taking on enforcement of DSEAR at retail petrol stations, including training needs for enforcement officers.
10 It is important that all licensing/local authorities are consulted on the implications of the new legislation and kept informed of developments. PELG Regional Groups have a vital role in ensuring this. Electronic communication would make this task easier to accomplish, and is part of the Modernising Government initiative.
11 PELG members are asked to consider the most effective method of persuading all licensing authorities of the importance of ensuring enforcement officers have access to electronic communication, and also, ideally, easy access to the Internet.
12 PELG members are asked to draw up an action plan to deal with the matters outlined in paragraph 2 and consider the most effective mechanisms for consulting licensing authorities, liaising with HSE, LACOTS and the Petroleum Working Group, and presenting PLAs' views in the appropriate forum.
Moira Buchan
Local Authority Unit
7SW
Rose Court
2 Southwark Bridge Road
LONDON SE1 9HS
Tel: 0207 717 6441
Fax: 0207 717 6418
E-mail: moira.buchan@hse.gsi.gov.uk