Minutes of the meeting held on 19th May 2008 in Globe Room, Rose Court, London
Chair
Peter Baker.............................. HID CID
Members
Dr Hugh Bray........................... TSA
John Galbraith.......................... Sabic
Bud Hudspith........................... AMICUS
Doug Leech............................. CBA
Martyn Lyons........................... Simon Storage/TSA
Bill Mayes................................ Exxon/ UKPIA
Ian McPherson......................... UKPIA
Mike Murray.............................. ABPI
Phil Scott................................. CIA
Wayne Smith............................ BCF
Richard Clarke.......................... EA
Clive Tayler.............................. EEMUA
Jeff Watson............................. LPGA
Ron Wood............................... TGWU
Observers
Michael Ong............................. Federation Petroleum Suppliers
Secretariat
Colin Harris.............................. HID CI4e
Paula O’Shaughnessy............... HID CI4
Other HSE
Brian Fullam............................. CSD2
Jan Harris................................. International Chemicals Unit
Sandra Ashcroft....................... Policy Group
Shaun Welsh............................ HID HQ
Michelle Irwin............................ HID CI4b
Ian Travers............................... Buncefield Response Team/CI4
Oliver Glackin........................... HID HQ
Sally Hawkins........................... HID CI4b
Peter Baker gave a warm welcome to everyone and led the introductions. He provided a short history of his corporate experience and background in HSE.
John Burns (SEPA) sent apologies. Roger Ward-Dutton has left SEPA and not yet been replaced, so there was no one available to attend the meeting. Jim Mowatt of ‘Unite the Union’ has formally resigned from CDOIF, with the emergence of Bud H from his Union he felt that it would be appropriate for himself, in his new role as Director of Education for ‘Unite the Union’. Jim also let HSE know that he had enjoyed his time participating in CDOIF.
A list of the updated actions from the meeting in November was circulated to everyone. All actions were completed. There was one error in the minutes (item 12 – fourth paragraph). ‘European Training Scheme’ should read as ‘European Trading Scheme’. The minutes will be amended on the HSE website, accordingly.
Action: Secretariat
There were no other matters arising.
The members had no issues to raise.
Peter thanked CDOIF members for their support for the MH Conference. He asked them to pass on thanks to the CEOs/senior management of their respective organisations. There was a very good attendance at the conference from the onshore MH industries, with an excellent spirit and enthusiasm.
It was generally recognised that this was an important step on the route to securing industry’s commitment to improved PS leadership and that it is crucial that the momentum initiated by the conference is maintained. The presentations from the guest speakers will soon be published on the HSE Website. Judith Hackitt will be writing to the delegates, summarising the key messages from the day. Later in the year, Judith will follow this up with a more detailed letter.
Kevin Allars will be putting together a storyboard and key actions coming from the conference. A video of the highlights of the day will also be produced.
There is a need for more spirited co-operation between industry, the TUs and the regulators. Ageing plant, workforce shortages and financial pressures are some of the main challenges to be addressed, for the future.
Ian Travers will be arranging further workshops to explore in more detail PS KPIs.
Bud said that his Union would like to see strong evidence of sharing of knowledge and lessons learned, among companies in the MH onshore sector.
Phil Scott reported that CIA is in the process of collating data. There is a need for wider participation and sharing across industry; CIA will look at the options for sharing in the future.
The scope of Seveso is largely determined by the application of classification criteria in EC Directives on the classification, packaging and labelling of dangerous substances and preparations (CPL). Between 2008 and 2015 those Directives will be replaced with a new EU Regulation based on the United Nations Globally Harmonised System (GHS) of classification and labelling. In many cases, this will introduce new or revised classification criteria that will potentially change what substances are within the scope of Seveso, and therefore the number of sites that may be subject to the legislation.
The UK is working with the European Commission (EC) and other Member States to decide how Seveso and GHS should be aligned, and this work will inform an EC proposal to amend Annex 1 of Seveso which we expect to be published in Autumn 2009.
In the UK, Seveso II is implemented by
The UK aim is for minimal change to the overall scope and, as far as possible, to ensure that:
The EC has a similar aim: it wants at least the same level of protection as is currently in place. Nevertheless there will need to be some changes as the alignment between CPL and GHS is not quite the same. This is a particular issue for toxic substances and so a number of options are being considered. The UK prefers a simple alignment – GHS category 1 = very toxic, category 2 = toxic. For those substances, which are not in categories 1 or 2, a technical filter would be used to determine if those substances should be included within the scope of Seveso, having major accident hazard potential.
Some Member States are supportive of the UK position, but others think that it would be too complex and would prefer a precautionary alignment. This would bring category 3 substances (and sites) into scope of the Seveso Directive and so would be more costly to the regulators and to industry.
The Health and Safety Laboratory (HSL) are developing proposals for a technical filter. However as the technical data used by EC when the Seveso Directive was introduced was not retained, HSL needs more data on the industrially significant category 3 substances in order to demonstrate the use of the technical filter. Sandra asked CDOIF members (in particular CIA), to contribute useful data on substances, for the HSL work.
Action: CDOIF Members/CIA
Bud Hudspith said that his Union would prefer a precautionary approach to GHS. Peter Baker said that a balanced approach was needed that ideally provided clarity for all stakeholders.
Sandra set out the timetable for the fundamental review of Seveso and thanked everyone who had participated in the questionnaires. The results of this initial part of the review are expected to be published in June or July.
Members expressed concern about the alignment of hazardous substances consents with COMAH and the confusion this caused for industry. DCLG has responsibility for consents and members should raise their concerns about the misalignment with them.
The main focus of the International Chemicals Unit is work within the EU. The unit also has links to the wider world, through the UN and the Organisation for Economic Co-operation and Development (OECD).
Negotiation in EU directives, pertaining to chemicals and the environment, issues relating to health in the workplace, are all part of the remit of the International Chemicals Unit. The unit liaises with experts in other government departments and industry. International Chemicals Unit takes the lead for the UK, in EU and global forums.
Jan invited the Stakeholders present at CDOIF to contact the staff in the unit, if they require clarification on any technical issues.
REACH Regulations and GHS classification/ alignment with CLP are key dossiers of work. The European Court of Justice annulled Regulation 304/2003/EC, on the grounds that it needed a broader legal base. Negotiations have been in progress within the EU, for a replacement to the regulation (which puts into law European Member States’ obligations under the Rotterdam Convention on the Prior Informed Consent Procedure, Hazardous Chemicals and Pesticides in international Trade.) The new regulation comes into force in July 2008.
Some Adaptations to Technical Progress of the Dangerous Substances Directive (ATPs) remain outstanding, however, and are to be voted on, by Member States. Amendments to the Chemicals Hazard Information and Packaging for Supply Regulations 2002 (CHIP) Regulations are necessary, because the UK must implement into national legislation EC Directive 2006/8/EC, commonly known as the 2nd ATP of the Dangerous Preparations Directive. A consultative document on proposals for new amending Regulations about the classification, packaging and labelling of chemicals is on the HSE Website – closing date 4th July 2008. The changes could, potentially, bring more sites into scope of the COMAH Regulations. Jan asked CDOIF members to respond to the consultation, putting forward any views or concerns.
Action: All
The Slovenian Presidency of the EC had actively facilitated the negotiations for chemical regulation within the EU. The review of the Seveso Directive is in progress. France is taking over the presidency and they seem to share the same drive and motivation to make progress in the area of regulation. There have been delays in the negotiations for GHS, as there are different points of view, from the Member States.
HSE’s International Chemicals Unit meets with CIA representatives every 6 months, to look at the significant dossiers. There is no equivalent to CDOIF (i.e. a general UK forum), but the unit does accommodate discussion with Stakeholders, in a variety of fora.
HID has taken a forward look for the process of Science Planning. HSE’s Chief Scientist (Patrick MacDonald) and Director of HID (Kevin Myers) will be attending meetings with Stakeholders. CDOIF members are asked to become involved with the research. The Science Plan does not include Occupational Health matters, Horizon Scanning, and Cross-cutting issues.
The main resource for the work will be HSL, who will focus on problem solving. For any work to be commissioned, there must be a demonstrable business need. The budget is considerable - £5.7m. Topics include Land Use Planning, Human Factors and the COMAH Regime. In 2008/2009, HSE will be able to cost recover for some of the research.
The enforcement work, which HID is committed to for the next few years, means that some research work will be delayed. The findings of the Buncefield investigation will also inform the science planning.
Shaun asked the CDOIF members to let him know what their views were on any future developments and suggested that this could be a regular item on the agenda for the forum’s meetings. Industry should consider how it could take part in the work and put forward some options.
Action: All
Mark Scanlon said that EI would willingly discuss details with HSE. Clive Tayler of EEMUA also welcomed the opportunity to contribute.
Shaun would discuss ways forward with the Chief Scientist and Kevin Myers, and look to engage with CDOIF, later on.
Action: S Welsh
The workshops with the Refinery/Tank Storage and Warehousing sectors have been completed. Peter thanked UKPIA, TSA and the CBA for facilitating and contributing to these developments.
The first draft of the report for the Refinery/Tank Storage sector has recently been received. At the moment, it is being reviewed. The Warehousing report is expected soon. Follow on engagement with the sectors will be the next step. HSE will make contact with UKPIA/TSA and CBA to discuss the way forward. An update can be provided to the next CDOIF meeting.
Action: P Baker
John Murray (CID’s Operational Strategy Unit) will be attending UKPIA’s Away-Day meeting in July, to update and discuss future work, using the Influence Network Model, with UKPIA.
Michelle explained that sub-COMAH is a definition used to describe those sites, not subject to the COMAH Regulations but with potential for significant incidents that could have off-site effects. The Management Regulations, COSHH and DSEAR regulations would nevertheless apply on Sub-COMAH sites requiring the active management and control of chemical hazards and risks.
There had been some concern amongst industry, particularly CBA, as to what the implications of the Sub-COMAH work would be. HSE is currently compiling information on the relevant Sub-COMAH sites, via the Regulatory Compliance Officers. They have made some initial visits and have so far collated information on about 100 sites. HID Inspectors will subsequently rate the sites, and prioritise future visits/ interventions.
Workshops with Stakeholders, on Sub-COMAH, are planned for this year. Doug Leech explained that CBA are disappointed that the work on Sub-COMAH did not involve them earlier. John Murray has requested the involvement of CBA for the workshops later in the year, as HSE values their input.
Action: CBA
The Waste management sector includes some Sub-COMAH sites and requires joint intervention with the Environment Agency and SEPA, as these sites are subject to Pollution Prevention and Control Regulations.
HSE – Peter Baker
The recent Chevron Pembroke Refinery shutdown was due to rain-water ingress affecting key electrical equipment. The shutdown and is now subject to investigation.
EA – Richard Clarke
Chevron reported an incident at Roath Dock, Cardiff. This involved a leak from a large petrol tank in a bund with a permeable floor. There was a loss of containment of 19,000 litres of petroleum. The Competent Authority issued a notice. The leak, however, was successfully contained on-site.
The investigation at the Petroplus Refinery is still ongoing.
SEPA – Colin Harris
SEPA had let the CDOIF Secretariat know that there were no incidents to report.
Members’ Comments
CDOIF members agreed that the forum should take stock of past incidents and try to learn lessons from these, revisiting key points and commonalities. This should be a recurrent agenda item, for future meetings.
Action: All
Ian is leading the Competent Authority COMAH Remodelling Programme responding to the key outcomes of Buncefield. The programme comprises a number of workstreams dealing with policy, technical and process issues. HSE’s review of charging is not included. The COMAH Remodelling Programme is planned to run for 2 years.
One workstream is a review of the COMAH regime to ensure that it is delivering for both regulators and industry what is needed. For example, how best to manage the assessment of Safety Reports, will also be addressed.
HSE will host a workshop for practitioners, in the next few months. Ian requested the views of CDOIF members, on key issues and recommendations for the appropriate representatives, from industry.
Action: All
Formal invitations for the workshop will be sent out to industry representatives.
Action: I Travers/ BRT
There is a need to improve operational intelligence and the structure of the evidence base, from which to learn lessons. The Process Safety Leadership Group aims to bring Senior people into the process.
The PSLG Steering Group has met three times since the Leadership conference. Their next meeting, on 30th May, will set out the future agenda. The work needs to address key learning points from past incidents.
There are currently 7 working groups to the Buncefield Response Team, and these will gradually be reduced in number.
EA have now implemented the Containment Policy for fuel and oil storage sites. The sites were prioritised in 2006 on the basis of measures in place and environmental setting and a schedule is in place for visits to the sites. On the basis of the 2006 work – the sites presenting a higher risk will be given up to six months to provide action plans for implementation of the policy. The aim is for any of these improvements on the Category 1 sites, to be made appropriate to the hazard and risk – which could be 10 to 20 years – in some cases – but in others much sooner.
EA is developing a complementary containment policy for chemicals. There will be a formal consultation on this, with stakeholders in the autumn.
Chlorine Sector Covenant:
The CIA and Competent Authority signed the Covenant for the Chlorine Sector in January this year. (A majority of CIA member companies have signed up.) The Covenant, which is a commitment to best practice for the industry and more joined up working for the CA, is for 3 years and will be formally reviewed every 12 months. The CA is continuing to discuss a formal strategy with Water UK.
CBA/SIA Publication of Guidance on Safe Use of IBCs (March):
This provides a good practice guide for use, control and storage of IBCs. The guidance stresses the importance of assessment and management of risk. It is available on CBA’s website.
Peter reminded members that the CDOIF Terms of Reference had not been amended since 2002. With developments following Buncefield, Texas City and the emphasis on PS leadership, Peter suggested the time was right to look again at the purpose, aims and objectives of CDOIF. Peter will circulate some ideas for discussion at the next meeting. In the meantime members’ views were invited.
Action: P Baker
The Secretariat will send out the current Terms of Reference to Members.
Action: Secretariat
Next Meeting: Tuesday 7th October 2008, Redgrave Court, Bootle
