HSE - Chemical and Downstream Oil Industries Forum (CDOIF) - meeting 18 February 2004

04/02 Mins

Minutes of the meeting held on Wednesday 18 February 2004 at HSE, Rose Room, Rose Court, London

• HSE industry and topic advisory groups

Agenda

Present:

Chair:	Kevin Allars	HSE, HID
Secretariat:	David Kyle	HSE, HID CI4
Advisors:	Ron De Cort	HSE, HID CI4
	Simon Newman	HSE, CEPS2
	John Garraway	EA
Members:	Nick Berentzen	CIA
	Doug Leech BCDTA
	Phillip Lewis	CIA
	Martyn Lyons	TSA
	Jim Mowatt	TGWU
	Doug Russell	USDAW
	Mark Scanlon	EI
	Clive Sheil	UKPIA
	Wayne Smith	BCF
	Jeff Watson	LPGA
	Ron Wood	TGWU
Speakers:	Maureen Meldrum	HSE, CSD1
	Ian Travers	HSE, HID CI2
	Richard Neville-Carle	DfT
Minutes Secretary:	Gill Chambers	HSE, HID CI4

1. Welcome, introduction and opening remarks

1.1. The Chair welcomed all to the meeting. He introduced Phillip Lewis from the Chemical Industries Association in place of Roger Alesbury, Richard Neville-Carle from the Department for Transport for agenda item 8, Ian Travers from HSE for agenda item 5, Maureen Meldrum from HSE for agenda item 7 and Simon Newman from HSE for agenda item 11.

1.2. It was noted that Sean Bussey has left the GMBU. His replacement has not yet been appointed. The secretariat will continue to send papers to the GMBU for information.

Action: Secretariat

2. Apologies

Apologies were received from Roger Alesbury (CIA), Kevin Dixon-Jackson (CIA), Duncan Foster (ABPI), Mike Murray (ABPI) and Doug Russell (USDAW).

3. Minutes

3.1. There were no amendments to the minutes of the meeting held on 22 October 2003.

3.2. matters arising

4.1 Safety Report Review and Revision - the strategic document will be available for public consultation shortly.

4.2 COMAH Regulations Review - the issue of the timing of the consultation period has been raised with the Chair of ACDS although there is little scope to change because of the timing of the implementation of the regulations.

4.3 Evaluation of COMAH - this report has been sent to members by the secretariat.

4.4 Application of COMAH across EU - no comments have been received from members about possible uneven application of COMAH across the EU. It is hoped to run a workshop next year addressing, amongst other things, the issue of harmonisation and to secure greater consistency. Details will be passed to members when they become available.

Action: Secretariat

6.1 Chemical Industries Division Work Programme - members were updated on the 2004/2005 work programme for the Chemical Industries Division. The Division is responsible for10,000 establishments of which 1,200 are subject to COMAH. The main topics of major hazard work to be considered were highlighted at the meeting.

6.2 Guidance on Human Factors - the list of publications and link to the webpage has been sent to members. A Corporate Topic Group is being established across HSE to bring together all staff working on this topic. The topic lead is within the Hazardous Installations Directorate.

10.1 OIAC Safe isolation of Plant and Equipment - the authors are looking for case studies and good practice examples. Any members able to help or comment should contact the Secretariat. The draft will be sent to members when it has been completed.

Action: Members/Secretariat

10.2 Permit to Work Guidance - it is anticipated that the final draft will be ready in March, with publication in October. The HSE embargo on publications is still in place but a business case has been made for this guidance to be published. The decision on the business case is awaited.

11 Secondary Containment - Martyn Lyons from the Tank Storage Association updated members about discussions that have taken place between the TSA, Environment Agency, UKPIA and the CIA on standards required for bunding. All parties had agreed to the updating of the Institute of Petroleum's Guidance 'Environmental Guidelines for Petroleum Distribution Installations'. The group also agreed that the principles in the guidance should apply to petroleum and other products. The new guidance should be risk based and require site-specific assessments to be carried out.

14.4 Draft Health and Safety (Employee Consultation and Safety Representatives) Regulations - The Health and Safety Commission is about to issue a collective declaration on worker involvement and advance copies of this have been sent to members. HSC is looking for organisations to endorse the statement or to pass comments on it. Members have been provided with the HSE point of contact. It was noted that the Unions were disappointed that HSE had decided not to move forward on harmonisation of the Employee Consultation and Safety Representation Regulations.

Action: Members

4. Members' issues

4.1. COMAH - Hydrazine
Doug Leech raised the issue that following changes to SEVESO some sites will now come within the COMAH regulations because of the inclusion of Hydrazine. A question was asked about the application of the regulations when the substance is diluted. The HSE intends to identify these sites and set up meetings to discuss this issue.

Action: Secretariat

4.2. Research by Liverpool John Moores University on bunding
A workshop is planned on 17 March 2004 so that interested parties can discuss issues, eg should the bund walls be able to withstand catastrophic failure of the tank or is this risk so low to make preventive measures not reasonably practicable. If members have questions before the workshop they should be emailed to Gill Chambers.

Action: Members/Secretariat

4.3. Review of Confined Spaces Regulations
Following a consultation exercise the results showed support for the current guidance and regulations. A paper is being prepared for the HSC but it is not anticipated that there will be significant changes to the guidance and regulations.

4.4. Chemical Industries Association
Nick Berentzen gave details of a reorganisation within the CIA with staff changes and the amalgamation of two directorates. The new structure was portrayed on an organogram which will be circulated to members.

Action: Secretariat

4.5. CIA - Occupational Health Workshop
Phillip Lewis gave the summary of conclusions from the Occupational Health Performance Workshop organised by the Chemical Industries Association with support from HSE. This concentrated on the importance of good occupational health and what can be done to improve performance. Copies of this summary are attached to these minutes. He suggested that key conclusions might be followed up collaboratively with the HSE. The issues have been raised at CIA's Health Advisory Group and passed to the Human Factors Unit within HSE. It was noted that the new HSE strategy gives a higher priority to health issues.

Action: Secretariat

4.6. Energy Institute
Mark Scanlon from the Energy Institute gave a presentation on this new organisation created from the merger of the Institute of Petroleum and the Institute of Energy. He described the technical work programme and its working method. Members will receive a copy of this presentation.

Action: Secretariat

4.7. LPGA Guidance

4.7.1. UKPIA raised concern about the use of general guidance on LPG for refineries.

4.7.2. The Energy Institute is also reviewing its code of practice for bulk LPG storage and this may be useful to both industry and regulators.

4.7.3. HSE has planned training courses for Inspectors involved with refineries and consultation with industry to determine good practice. HSE will also consider the application of guidance with the Energy Institute

Action: Secretariat

5. Safety performance indicators

Members were given an overview of this programme and were shown the limited access website where good practice and ideas of process safety performance measures can be shared. Membership of this is by invitation only. Members were encouraged to accept the invitation and use the questionnaire on the website to provide information on loss of containment and dangerous occurrences: contact being to Ian Travers (HSE) via the Secretariat.

Action: Members

6. Occupational exposure limits

6.1. The Advisory Committee on Toxic Substances (ACTS) will consider responses to the consultative document on the new Occupational Exposure Limits in March 2004. Depending upon these responses ACTS will make recommendations to the Health and Safety Commission. If the proposed new system is agreed it will be implemented by the amendment of the COSHH regulations by the end of 2004.

6.2. HSE will be meeting the key groups to discuss the implications of the proposed amendments.

7. Societal risk

7.1. A newsletter has been sent to members of CDOIF looking at land use planning issues and the issue of collective societal risk. Discussions on societal risk are being held at a senior level within HSE, and with key stakeholders, including several Government departments. Members will be updated when more information becomes available.

7.2. Land Use Planning workshops are being planned for later in the year, probably in Edinburgh, Leeds and London. The CIA is assisting with funding.

Action: Secretariat

8. Transec

8.1. Richard Neville-Carle from the Department for Transport gave members details of the voluntary code of practice for ensuring the security of transporting dangerous goods - www.dft.gov.uk/security/dangerousgoods. He agreed to relay to DfT concerns expressed by members about the date for compliance.

8.2. New regulations are proposed for July 2005 based on the ADR text following formal consultation with the industry on a sensible and proportionate approach.

8.3. Members were given Richard's contact details, and his presentation will be circulated with the minutes of this meeting.

Action: Secretariat

9. Carriage of dangerous goods

9.1. Following the success of the empowerment of the police forces in England and Wales to enforce the Carriage of Dangerous Goods by Road regulations, the Health and Safety Commission has agreed to empower the police forces in Scotland.

9.2. The new UK Carriage Regulations come into effect in March 2004. There was general discussion on how these new regulations will be enforced.

11. Incidents and events

Members were advised on recent significant incidents currently undergoing investigation, and cases recently heard by the courts.

12. Information items

11.1. Select Committee on the Work of HSC/HSE -
It is anticipated that the committee will consider the legislative framework and look at the extent to which the Health and Safety at Work Act has been successful and if HSE is sufficiently resourced to meet its requirements. There is still time for members to forward comments to the secretariat of the Select Committee. CDOIF members will be given information when the committee has produced its report.

Action: Members/Secretariat

11.2. Strategy for Health and Safety in Great Britain to 2010 and Beyond
HSC has now taken account of views and amended the content of the strategy. It has been approved by Ministers and will be published on 23 February 2004. The text can be found on www.hse.gov.uk/aboutus/hsc/strategy.htm

11.3. CEMAP Workshops
These workshops are being held as part of the review by the Cabinet Office Regulatory Impact Unit on improving understanding between members of the Chemical Industries Association and the regulators. Members have already been distributed details.

11.4. Accident Investigation
In support of the Management of Health and Safety at Work Regulations 1999 (ACOP) draft guidance has been produced to assist with investigations. The draft guidance has been piloted and was found to be useful. It is expected that the guidance will be published shortly.

11.5. Enforcement Policy Statement
HSE is evaluating the impact of the HSC's Enforcement Policy Statement on securing compliance with health and safety law. HSE's Policy Group will be pleased to receive any comments that members may have on the statement: details of how to do this will be sent to members very soon. It is also hoped to create a community website for comments to be recorded.

Action: Secretariat

11.6. External Ladder Access
Members were given information on advice drafted by the Construction Sector about access to (or provided by) scaffold platforms. If members wish to become involved they should contact Bruno Porter in the Construction Division (bruno.porter@hse.gsi.gov.uk).

Action: Members

13. Thanks

The Chair informed members that Ron De Cort, Head of the Chemical Strategy and Support Unit (CI4), will become Head of CI2 Operational Unit with effect from 5 April 2004. Ron was thanked for all his work for this forum and for the support he has given to the Chair in his new post. David Kyle will be acting Head of CI4 until John Murray takes up his appointment later this year.

Dates of next meetings

Wednesday 23 June 2004 (Bootle)

Wednesday 20 October 2004 (London)