Chemical and Downstream Oil Industries Forum (CDOIF) - Meeting 1st March 2006

03/06 MINS

Minutes of the meeting held on Wednesday, 1 March 2006.  Globe Room, Rose Court, London

• HSE industry and topic advisory groups

Present:

Chair:	Kevin Allars	HSE, CI
Secretariat:	Colin Harris	HSE, HID CI4
Members:	Richard Clarke Ian McPherson John Galbraith Doug Leech Martyn Lyons Chris Owen Jeff Watson Mark Scanlon Ron Wood Jim Mowatt Mike Murray Clive Tayler	EA UKPIA CIA (Huntsman) BCDTA TSA (Simstor) BCF LPGA EI TGWU TGWU ABPI EEMUA
Minutes Secretary:	Colette Fitzpatrick	HID CI4

1. Welcome and Introduction and opening remarks

1.1 Kevin welcomed everyone to the meeting. He mentioned that Tony Killen had now moved out of CI on secondment for a year and Colin Harris, who is head of the team in HID CI4 working on strategy, would act as Secretary until a replacement is appointed.

1.2 Clive Taylor from EEMUA was again attending as an observer and Kevin proposed to members that Clive now become a permanent member of CDOIF. This was agreed by members.

1.3 Jim Mowatt, TGWU, remarked that the TUs have lost a good number of members and as a result there is to be a merger of TUs, namely AMICUS, GMB and TGWU. Kevin thanked Jim and Ron Wood for attending on behalf of the TUs.

2. Apologies

Apologies were received from Wayne Smith, BCF*, Nick Berentzen, CIA*, Doug Russell, USDAW*, Roger Alesbury, BP, Bill Mayes, Exonnmobil, Paul Reuter, AMICUS*, Alex Radway, EA*, and Malcolm Bonnett, AMICUS.

* See glossary of terms/ acronyms

3. Minutes and action points

3.1 There were no amendments to the minutes of the meeting held on 19 October 2006.

3.2 A/P 6.6 Revised L111 guidance has now been published and copies are available from HSE Books via the HSE website - ref 'A guide to the Control of Major Accident Hazards Regulations 1999 (as amended)' ISBN 0 7176 6175 X, priced £15.95. Ron Wood mentioned the delay with publications becoming available via the HSE Books website

3.3 A/P 7.8 Kevin has today produced an updated progress note on the projects arising from the Stakeholder event in March 2005 - to be discussed under item 6.

3.4 A/P 7.9 Colin Harris would update members on the chlorine audit report under item 5 on the agenda.

3.5 A/P 10.1 The link to HSE's report on the Conoco investigation was sent to members on 14 February . Ron Wood mentioned that there is a report and animation on the Texas City incident available on the Chemical Safety Board website under 'Current Investigations'. Kevin informed members that John Bresland from the CSB would be attending the European MJV on Oil Refineries being held in Bootle on 8-10 March.

3.6 Ron Wood asked if a glossary of acronyms and abbreviations referred to at these meetings could be attached to the minutes for the benefit of both attendees and copy recipients of these minutes and papers. Colette agreed to prepare a useful list and attach to the minutes.

Action point 3.6: Colette to append reference glossary to the minutes.

3.7 All other actions had been discharged and there were no matters arising.

4 Members' issues

4.1 Doug Leech raised a query as to how COMAH sites would be covered for fire certification following the implementation of the Regulatory Reform (Fire Safety) Order 2005 which is due to come into effect on 1 October 2006. Kevin replied that the main statutory duty for fire certification will transfer to the Fire Authorities and that HSE's responsibilities will then be limited to nuclear installations, ships under construction and construction sites. He said he understood the duty would transfer to industry to do their own risk assessments of the fire precautions they have in place. He also reported that HSE is still in discussions with ODPM and the Fire Authorities about this, led by our policy team. Once the terms of reference are agreed Kevin said he would notify members with the HSE website link.

Action point 4.1: Kevin to notify members when terms of reference are agreed.

5 Major hazards (Colin Harris)

COMAH update

5.1 Colin reported on the changes to the COMAH Regulations and the revised L111 guidance. The changes meant that there would be more companies coming into COMAH and therefore having to notify HSE. Colin said the CHIP/COMAH interface is not an easy one to deal with and asked members to help capture any new premises they were aware of who would need to notify us.

5.2 Classification changes were implemented by CHIP3.1 on 31 October 2005. From a COMAH perspective one of the most significant changes was the reclassification of chromium trioxide from toxic to very toxic, resulting in a number of surface treatment companies (ie chrome platers) being brought within scope. Classification of chrome plating baths has been the subject of much discussion including at a European level. The UK line is that T+ should not be applied at present according to rules for classification of preparations. A workshop involving sites potentially affected was held in Worcester in December. Further information on this issue is held on the surface engineering web page.

5.3 In response to a query on consents, Kevin informed members that HSE are in discussions with ODPM about consent applications, to see if things can be done in a better way with better compliance. This is all part of the Societal Risk project and there is a Ministerial meeting being held shortly on these issues.

SRAM (Safety Report Assessment Manual)

5.4 Colin produced a progress report for members on the Safety Report Assessment Manual project and explained the key features of the new SRAM.

5.5 Colin reported that he had been involved when the SRAM was first produced in 2000. By early 2005, following a HSE CI conference and, shortly after, a stakeholder workshop, it was recognised that the SRAM needed 'smartening up' and updating. A key message that arose was that the safety report assessment should be regarded as part of the overall intervention strategy and is shown as another workstream in the strategy.

5.6 A large cross-section of people were chosen to look at drawing up the new proposals and were involved in a number of meetings which took place in Bootle at the end of February.

5.7 Colin referred members to para 22 of the report that asks CDOIF members to consider ways in which the changes can be publicised amongst stakeholders.

5.8 Kevin said he hoped to get the SRAM published on the HSE website by the end of April and would ensure that members are alerted as soon as possible.

Action 5.9: Colette to notify members when SRAM published on HSE website

5.9 Ian McPherson asked if the SRAGs could be better connected? Colin replied that there is a great deal of guidance - much of it interconnected. The issue is to make it accessible. One way is a 'smarter' order in that it is possible to rearrange the contents according to hazard/risk and set a priority that HID will inspect against. There is also a need to play in specialist advice earlier and centrally. There would only be a single document rolled out, without SRAGs.

5.10 John Galbraith asked if the SRAM depends totally on a COMAH safety report to come to conclusions. Kevin said the aspiration is that the safety report plays an important role for the company and does not stay on the shelf. He said we need to find out exactly what each site is doing in practice and match/ compare this with the report. John suggested HSE/EA develop this aspiration, as it was a very good idea.

5.11 Kevin said the revised SRAM should address a lot of the issues, which came out of the two conferences last year.

Regulation and recognition (R&R) - update from Kevin

5.12 This project followed on from the Hampton Review. A wide cross-section team was put together with Cabinet Office in the lead, but it is now headed up by Chris Mee, DTI. The aim was to better target resources to where it was most important.

5.13 Kevin reported that this had been a very difficult project. We have not had a great deal of pressure and are taking things at an appropriate pace: it was important to get it right. The regulators team have put together a matrix and scoring system, which had been discussed at the last full team meeting. It was suggested that sites from CIA, TSA and BCDTA be identified to trial the system. TSA provided a tank storage site, which was trialled. The trial went well and produced good ideas of how to refine the system. The model is now a good one. BCDTA have provided us with a company to do the same but we are awaiting one from CIA. The team is next meeting on 24 March.

5.14 Buncefield did have an effect as our contact on R&R, namely Nick Marsh, is currently working at Buncefield. We now have Robin Cowley working on this.

6 Review of stakeholder conference

6.1 Kevin produced an updated table of the projects arising from the stakeholder conference, with latest progress highlighted in red. (See table attached - which has been further updated to reflect the CDOIF meeting discussion.)

6.2 Colin Harris would cover issues relating to the CID Strategy at item 7.

6.3 Under 2.8 of Panel discussion 1, Jim Mowatt commented that there had been 2 fatalities in the last 2 months relating to itinerant workers in the UK and that the fatalities at the Texas City site had been 'contract' workers. Jim said this was proving a difficult process to monitor as there is an enormous influx of itinerant workers into the UK. He suggested integrating the workforce so that there is no issue with 'itinerant' workers. Jeff Watson also reported a fatality involving an overseas worker in the LPGA industry and said they were using this as an example to make their people aware and to get better training provided.

6.3.1 Mark Scanlon said operators were recognising the problem and suggested developing guidance on managing foreign contractors.

6.3.2 Martyn Lyons commented that there had been a large increase in the number of foreign tanker drivers and they were looking at providing a number of placards for drivers to carry around with them.

6.3.3 Kevin replied that a passport system has been introduced by some companies but others do not want to use this system. He took all these comments from members on board and agreed it was a significant problem that needed taking forward.

6.4 Under item 4.7 of Panel discussion 3 Jim Mowatt suggested there may be a way of providing secondments for industry members, as opposed to making people redundant. Kevin replied that he would be delighted to have one or two secondments to HSE as this has worked well in the past, i.e. the recent involvement of CIA on the SRAM project.

6.5 Kevin thanked members for their comments and asked them to let him have any further comments. An electronic copy of the updated paper would be sent out to members with the minutes.

7 HSE chemical industries health and safety strategy to 2011

7.1 Colin produced a final version of CI's strategy for the next 5 years and explained how the strategy has been developed since October.

7.2 There are individual workstreams, which give an idea of what to plan for and helps to navigate through all the information. Intelligent delivering guidance is being developed which the inspectors can compare with guidance on site ie at LPG sites.

7.3 Kevin summed up by saying that what the strategy provides is 3 strands of work for the next 5 years. In the autumn of each year team leaders will get together to confirm what is to be done for the next year.

7.4 John Galbraith commented that if this means that the whole of the inspection teams get involved, including specialists, it is a good idea. Kevin confirmed that specialists will lead in some areas, regulatory inspectors in others. Doug asked if sub-COMAH had been included. Kevin replied that sub-COMAH had been included.

7.5 Members agreed they were content with this approach.

8 Land use planning/PADHI roll-out

8.1 Kevin reported that the first roll-out of PADHI would commence in the North West in April and the full roll-out would follow across the country over the next twelve months. HSE would still be advisers to the Local Authorities (LAs), but LAs would have access to the 3-zone maps on the HSE website and be able to make their own decisions. They would have a password to get into the system. Industry would be able to get information from the LAs.

8.2 Martyn Lyons asked if the LAs could use this information to calculate the consultation distance (CD). Kevin replied that no, HSE would continue to calculate the CD and the LAs would use this information for their assessments. The consent position can change. This can either be through hitherto COMAH invisible substances coming into scope through changes in CHIP, or the site simply changing inventory for existing consented substances. With substances newly in scope, the site must seek consent and we have to calculate the new CD in the usual way. If sites reduce inventory for a consent substance they don't necessarily have to change their consent. The reason is that site holdings currently may well be below their consent threshold but they like to hang on to the consents to give them flexibility in the future. In short, if we are involved through changes in COMAH and/or CHIP, HSE have a statutory role and may have to recalculate the CD. Kevin also confirmed that all this information is subject to the FOI Act.

Societal risk (SR)

8.3 Kevin said that SR was now high on the agenda because of the Buncefield incident. Cabinet Office continue to lead on this and a Ministerial meeting is imminent. The SR project also has a protocol agreed with the investigation team at Buncefield. There will be some communications soon on where this may be going and Kevin agreed to keep members informed.

8.4 Jim Mowatt asked if this project covers plants that are closing and moving East. Kevin replied that some plants are making decisions on what they believe is going to happen so we will try to get some certainty, as soon as possible, about what the new line is going to be.

8.5 The HSE SR team has been holding meetings involving companies that have the more higher calculated SR than others. HSE's criteria has not changed and is not retrospective at the moment, but looking forward. Ministers will be making the decisions, but none of this has gone to the Secretary of State as yet.

9 Incidents/events

9.1 Buncefield - 11 December 2005 - presentation by Kevin

9.1.1 Kevin gave a powerpoint presentation on HSE's investigation into the incident at Buncefield Oil Storage Depot in Hemel Hempstead on 11 December 2005. The presentation included graphic photographs of the site which brought home the reality of what can happen.

9.1.2 The link to the Buncefield investigation website had been sent to members - given here for information: http://www.buncefieldinvestigation.gov.uk/.

9.1.3 Kevin explained the background to HSE's Safety Alert and said that the Buncefield team is also looking at Land Use Planning.

9.1.4 Richard Clarke asked if there would be a public report published some time in May, to which Kevin replied that he understood there would possibly be 2 more progress reports and an interim report. The next report will be out in April.

9.1.5 Jim mentioned that the Kodak workers have had to be moved off this site and said he didn't think people fully appreciated how serious Buncefield could have been.

9.1.6 Kevin reported that he had given a couple of interviews to media and radio and they had picked up on the incidents at Flixborough, Grangemouth and Conoco also. He said these incidents are all wake-up calls to industry.

9.2 Colin Harris then referred to a number of other events of particular interest to CDOIF members since the last meeting in June. These included:

• North West Aerosols - 13 December 2005. Fire and explosion at site in Liverpool which resulted in one fatality and 3 casualties. One still in hospital at this time. This is a non-COMAH site trading in liquid LPG. HSE is investigating and also looking at similar sites and a sister site which has had a PN served.
• Invista - 18 February 2006. Incident on Humberside when a significant amount of Cyclohexane gas was released. All the safety systems worked as designed, and the site operators managed to damp down the release before it found an ignition source. HSE inspectors were on still on site today (1 March). Jim asked how this incident was notified to HSE as he had not been aware of this and was currently handling a redundancy situation at this site. Kevin replied that the company had notified the HSE duty officer. Other CDOIF members said they had not heard of this incident either.
• Kevin mentioned that he had hoped to have a presentation on the investigation into the explosion at Shanks Waste which occurred in March 2004 but Linda Donachie, who has now finished the investigation report, was currently involved in the Invista investigation. He hoped to be able to pick this up at the June meeting.

10 Information items

10.1 Colin then flagged up some brief information items to the meeting:

• HSE published H&S national statistics for 2004/05 on 8 November 2005. Figures show progress, but fatal and major injuries remain a concern. The full report can be viewed on our website - http://www.hse.gov.uk/statistics/overall/hssh0405.pdf.
• Two new HSE guidance documents are now available, via the 'HSE Books' website, namely: HSG253 'The safe isolation of plant and equipment' (ISBN 0 7176 6171 7, priced £12.95), and HSG 250 'Guidance on permit-to-work systems' (ISBN 0 7176 2943 0, priced £8.95).

11 AOB/Next meeting

11.1 Kevin reminded members to bring any issues they may have to his attention and he would do his best to take them forward. It was important to use the CDOIF network for the benefit of all.

The meeting closed at 2.30. The next meeting would take place in Redgrave Court, Bootle on Wednesday 14 June.