05/02 Mins
Minutes of the meeting held on Wednesday 23 February 2005 at HSE, Room 1102, Daniel House, Bootle
Present:
| Chair: | Kevin Allars | HSE, HID |
|---|---|---|
| Secretariat: | Keith Morris | HSE, HID CI 4 |
| Members: | Bill Mayes |
UKPIA (Exxonmobil) LPGA TGWU CIA (Basell) BCDTA TSA (Simstor) EA ABPI BCF |
| HSE Staff: | Colette Fitzpatrick Ian Travers Chris Flanagan Elizabeth Schofield Andrew Murray Shelagh Molloy Karen Clayton |
HSE, HID CI4 HSE, HID CI1 HSE, HID CI4 HSE, Policy HSE, HID CI4 HSE, Communications HSE, HID SI5 |
| Guest Speakers: | Chris Mee | DTI |
| Observers: | Paula O'Shaughnessy | HSE, HID CI 4 |
| Minutes Secretary: | Tony Killen | HSE, HID CI 4 |
NB, members will be sent electronic copies of the following Powerpoint presentations made during this meeting: PSPM - background; PSPM - recent CIA workshops; Chemical Regulatory Forum; Working at Height initiatives/new regulations; HSE's Communications Strategy; CID's Workplan for 2005/6. Copies also of the handouts issued by Kevin Allars, Elizabeth Schofield and Christine Flanagan.
1.1. Kevin welcomed all to the meeting. He explained that Keith Morris
had taken over as secretary of CDOIF from David Kyle. David had been hoping
to attend today's CDOIF meeting as his last before his retirement next month,
but had been taken ill on Monday. Kevin explained further that he had since
spoken to David and he was recuperating well. Kevin also introduced Chris
Flanagan, HID CI4, who would be speaking on the Freedom of Information Act
under item 9; Elizabeth Schofield, Major Hazards Policy, who would be giving
an update on changes to COMAH regs under item 9; Andrew Murray, HID CI4,
who would be giving a presentation on 'working at heights' initiatives at
item 12; Shelagh Molloy, HSE Communications Directorate, who would be giving
a presentation on HSE's Communications Strategy at item 13; Karen Clayton,
new head of HID SI5, who would be attending this and future meetings in
place of Alan Tyldesley; and Paula O'Shaughnessy, HID CI4, who was attending
as an observer.
1.2 Chris Mee from DTI would be attending to make a presentation on the
Chemical Regulatory Forum (CRF) at item 7. John Garroway (EA) would no longer
be attending CDOIF. In his place, Ian Haskell would attend meetings in Bootle,
while Andrew Hitchings would attend at Rose Court. Bill Mayes was welcomed
as the new representative of UKPIA, in place of Clive Shiel. Bill and/or
Ian McPherson would attend future meetings.
Apologies were received from Malcolm Bonnett (AMICUS), Jim Mowatt (TGWU), Roger Aylesbury and Philip Lewis (CIA), Paula Woolgar (SEPA) Mark Scanlon (EI), Robin Chapman (BASF), Doug Russell (USDAW), and Mick Balfour (GMB).
3.1. There were no amendments to the minutes of the meeting held on 20 October 2004.
(5.1.3) Position on CEMAP - Kevin will refer to this under item 7, and will also be writing to all COMAH operators by mid-April to update them on the findings of CEMAP and on the new COMAH guidance.
(5.1.5) Chris Flanagan (in place of Tim Beals) will update members on legal position regarding Safety Reports under FOI at item 9.
(5.2.2) Permit to Work guidance - Should be published within the next few weeks - secretariat to inform members when available.
Action point 3.1 - secretariat
(9.3) Doug Leech and Keith Morris will update members on the latest guidance on IBCs at item 11
(9.4) Chris Mee, DTI, will give update on the Chemical Regulatory Forum (CRF) at item 8
4.1 Kevin said that arrangements for the Stakeholder conference to be held in Birmingham on 16 March 2005 were well in hand, with a current total of 97 firm acceptances from stakeholder/industry representatives.
4.2 Jane Kennedy, the Minister, will not now be attending the conference, as the Workforce Strategy document is due to be published during that week. Kevin would ensure that the points originally to be covered in her address would now be picked up by other speakers.
4.3 Wayne Smith of BCF asked if some of his member companies could be invited to attend the conference. He and Paula O'Shaughnessy would get together at lunchtime today in order to confirm.
Action Point 4.3 - Paula and Wayne
5.1. Doug Leech (BCDTA) noted that the recent HSL report on 'Wooden
v plastic' pallets, HSL/04/14, Comparison of the fire hazards presented
by wooden and plastic pallets, http://www.hse.gov.uk/research/hsl_pdf/2004/hsl0414.pdf
,
had given a strong steer that wooden pallets were inherently safer. He pointed
out that there were other factors, including greater hygiene when used with
food, and greater ease of transfer outside the EU, and industry would continue
to show a greater preference for the plastic version in many situations.
Martin Lyons stated that this was an issue in which the TSA was also interested.
5.1.1 Keith Morris replied that the report from HSL was a research report only, and not HSE policy, and Kevin emphasised that there was no regulatory push on the issue.
5.2 Jeff Watson (LPGA) raised the issue of transport security. He had heard that VOSA staff would be completing security assessments at operator depots which may conflict with good health and safety practice. MSA might also be involved at ports, etc.
5.2.1 Keith Morris replied that DfT had the policy lead on this issue. HSE had been consulted on the proposals and would continue to liaise with DfT.
5.3 Ron Wood (TGWU) noted that the age profile of the workforce in his sector was getting progressively older, which had implications for skills shortages. Members agreed this was a matter that needed to be kept under review and reference was made to a number of organisations which provided training and competency programmes for the sector.
5.3.1 Tony Watkins will send details of the training offered by the Chemicals North West Group for circulation to members.
Action point 5.3.1 - Tony Watkins
6.1 Ian Travers reminded members of the background to the project. He also provided anonymised statistics voluntarily reported by participating companies on performance which indicated that the majority of incidents occurred during the normal operation of the plant. Ian drew the attention of the members to the 'Step by step guide to developing Process Safety Performance Measures' which is available to members of the scheme.
6.2 Tony Watkins continued by explaining that the CIA was closely involved in the initiative as they saw close links to the Responsible Care Programme. He referred to two recent workshops held under the auspices of the CIA at Exxonmobil, Mossmoran and BASF in Cheadle Hulme. These had been well attended largely by members of the CIA, and of the Scotch Whisky Association at the Scottish workshop, and once again, feedback to the project had been positive.
Action point 6 - Secretariat to circulate P/P presentations
7.1 Kevin explained the background to the review, and that the interim report had been published in December 2004. He said that indications from the review had suggested that HID's approach to regulatory enforcement was about right. However, it was still not clear what would be the conclusions in the final report - currently expected in March 2005.
7.2 He also referred to a pilot project under the aegis of CEMAP and the Chemical Regulatory Forum (CRF), to look at 'Regulation and Recognition' - including the possibility of reduced regulatory intervention for those companies showing higher than generally accepted safety performance. He circulated to the members present a copy of the terms of reference for the pilot, along with a covering note from the CIA to the Cabinet Office. He explained that it was likely that TSA, BCDTA and the TUs would also be involved.
7.3 He proposed CDOIF should discuss progress with the review at the next meeting in June 2005.
Action point 7 - Secretariat to include an agenda.
8.1 Chris Mee of the DTI's Chemicals Unit gave a presentation on the Chemical Regulatory Forum (CRF). Its focus is on 'better regulation' rather than on 'de-regulation'. It would allow industry to have early warning of emerging policy and regulatory proposals, as well as the opportunity to express its collective view on them.
8.2 There is some overlap with the remit of the Chemicals Enforcement Meeting Action Plan (CEMAP), and he anticipates the two initiatives will run in parallel for the time being, with a merger at some future date. CRF is planning to look at regulation in certain sectors starting with coatings, and possibly later at speciality chemicals and aerosols. A short Information Note on the CRF was circulated to members.
8.3 Martyn Lyons suggested the Forum should look at the different ways in which directives were implemented in Europe, and the reasons why industry was moving from Europe to the Far East. Chris Mee noted the point and said the forthcoming UK presidency offered an opportunity for this although it was difficult to make these comparisons. Kevin Allars said that HSE raised this issue at a recent meeting of the Competent Authorities in Holland.
9.1 Elizabeth Schofield addressed the meeting on the updating of the COMAH Regulations. There had been a total of 73 responses made in the consultation period which ended on the 1st October 2004. She issued a handout featuring charts which showed which type of organisation had responded, where they currently sat in the COMAH Upper/Lower tier hierarchy, and how they anticipated they would be affected by the proposed revised threshold limits. There was also a summary of responses made to some more specific questions about the proposals. The majority of respondents did not consider the regulatory impact assessment had adequately assessed the costs and benefits. The implementation of the assessment would be reviewed and reconsidered by HSC at their meeting on 8 March.
9.2 As things stood, it was anticipated that the revised regulations would be introduced on or about 1 July 2005, but if a general election were called in the interim, then this would be likely to cause a delay.
9.3 Chris Flanagan reported back on a meeting between HSE and the Security Services on the affect of the FOI Act. It was confirmed that no information pertaining to security issues at any COMAH site could be released. However, at the same meeting it had been agreed that the following information could be disclosed for all COMAH sites if and when requested:
Name of Company
Address
Standard Industrial Classification
Lower or Top Tier establishment
Dangerous substance(s) present
Planning Consent quantities approved.
Requests for information over and above this would be considered in the light of advice from the Security Services. For some sites, certain information would not be disclosed on the grounds of national security.
9.4 Requests pertaining to a single site would generally be dealt with at local level within HID; those seeking information on a national scale would generally be referred to HID CI4 at Bootle HQ.
9.5 Kevin mentioned that although HSE had thus far fielded 200+ FOI requests, this was probably some fewer than had been anticipated. However, he felt that this would continue to be a key area of interest for some time to come.
10.1 Keith Morris said that HID CI4 was preparing internal guidance, including a list of field staff with links to RCCs. Although it was anticipated that HID/CID's business would concentrate on Major Hazards programmes, it was believed that good headway can be made on targets set in the Injury/Ill health incidents reduction programmes by local cooperation fostered through the RCCs. More details of the programmes and the workplan for 2005/6 will be provided at item 14.
11.1 Doug Leech reported that the working group on this subject had now met BCDTA and SIA with further consultation with other TAs to follow. There is concern about the possible use of IBCs in the waste sector once their original industrial use has been exhausted. Once the guidance has been agreed and drawn up, it is proposed that it would be given HSE endorsement.
12.1 Andrew Murray gave a presentation on the conclusions of some recent Divisional initiatives on preventing Falls from Height, including Falls from Tankers (some overall good progress to report here), and Falls from Structures. He also updated the meeting on progress in updating the 'Working at Height' regulations. Andrew confirmed the regulations will be risk-assessment based, and will not contain a "2 metre" rule.
Action Point 12.1: Secretariat to circulate P/P presentation
13.1 Shelagh Molloy gave a presentation on HSE's Communications Strategy. The strategy had been developed in order to support the objectives outlined within the HSC's Strategy to 2010 and beyond, published in February 2004.
13.2 Shelagh explained how HSE's efforts are now focused towards reducing injury and ill health targets under the strategic programmes. Campaigns were being organised on specific issues and additional resources had been obtained for those campaigns. Health and Safety messages typically need to be repeated seven times before a change in behaviour was achieved. HSE had completed a review to identify those stakeholders it should be working closest with in order to be most effective and influential in achieving change. The arrangements put in place for the chemical and downstream oil sectors appeared to be very effective.
Action Point 13.1: Secretariat to circulate P/P presentation
14.1 Kevin gave a brief run through of this session with reference to a Powerpoint presentation (session was originally due to have been delivered by David Kyle). He outlined the Major Hazard Topics and Projects planned for the forthcoming year, along with those planned under the 'Health and safety - Injury and disease reduction' Strategic Programme.
14.2 CID's inspection and enforcement activity will continue to be targeted towards Major Hazards works, and we would be looking to work with intermediaries to help us achieve targets in other areas.
Action Point 14.1: Secretariat to circulate P/P presentation
15.1 Thankfully few recent serious incidents to report since the previous meeting. Keith referred to the recent M6 crash involving a lorry and a CO2 tanker. Initial report indicate this was an RTA, but it did result in a loss of containment. Kevin mentioned an incident in West Bromwich which centred on the failure of a storage tank and which was currently under investigation.
15.2 Bill Mayes made reference to a recent serious incident involving Legionella in France - he will forward full details.
15.3 The Crown Office in Scotland have now commenced the prosecution of Transco following the Larkhall incident in December 1999 - this may last for six months.
15.4 Clariant Life Science Molecules (UK) Ltd. were fined £100K on 17 December 2004 after they pleaded guilty to failing to provide workers operating a pressure vessel with adequate and suitable instructions for its safe operation, and for failing to ensure the vessel was adequately maintained.
15.5 Air Products were fined £17K in December 2004 for breach of S2. of HSWA, plus £17 for breach of S3, with £816 costs awarded.
15.6 Rhodia Eco Services of Derbyshire were fined £100K on 11 February 2005 for failing to prevent a chlorine leak from its site at Staveley in November 2003. Costs of £19,092 were also awarded.
16.1 The British Compressed Gases Association has produced a guidance
note specifically for the Fire Service in order to increase understanding
of how to manage gas cylinders involved in fires and reduce disruption to
transport systems. It may be found at: http://www.odpm.gov.uk/stellent/groups/odpm_fire/documents
/page/odpm_fire_032059.pdf
16.2 HSE has just launched a major communications campaign which focuses on 'the business case for health and safety'. It will include advertising on radio and in the national press. There will also be a dedicated website which may be found at: http://www.hse.gov.uk/betterbusiness/index.htm . There will three distinct phases to the campaign, with 'the business case for health and safety' to run from mid-February to March; a 'back pain campaign' planned for June/July, and 'slips and trips' to be highlighted in October.
16.3 PRISM: Supervision - two seminars took place in January to update industry on two new research reports related to supervision in the chemical and allied industry. Namely, RR292 - Different types of supervision and the Impact on Safety in the Chemical and Allied Industries - http://www.hse.gov.uk/research/rrhtm/rr292.htm , and RR312 - Benchmarking Employee Supervisory Processes in the Chemical Industry - not yet on website link to follow.
Action Point 16.1: Secretariat to circulate link when available
16.4 Reactive monomers alert - a safety alert on reactive monomers has been published on HSE's Chemicals web page, and members were informed by e-mail on 22/12/04 with the relevant link.
16.5 Fuel Logistics Exhibition (June 2005) - PTF Training, together with the Energy Institute, are running this exhibition at Donnington Park on 14/15 June, which is aimed at the oil industry.
16.6 IFRLUP Newsletter - latest issue of the newsletter was sent via e-mail to members on 2/2/05 inviting members to participate in a feedback exercise on HSE's Objectives and Principles.
16.7 A stakeholder event, to be centred on Legionella, is to be held in Worcester on 10/3/2005. Further events are likely to be organised in other parts of the country.
17.1 On 22 June 2005, and to be held at Rose Court in London.
17.2 Kevin then thanked all for attending this meeting, and in particular those who had provided presentations and handouts.
