Present:
| Chair: | Kevin Allars | HID CID |
|---|---|---|
| Members | Dr Hugh Bray |
TSA Sabic AMICUS CBA Exxon/ UKPIA UKPIA ABPI CIA BCF EA SEPA LPGA TGWU EEMUA |
| Observers: | Michael Ong | Federation Petroleum Suppliers |
| Secretariat: | Paula O’Shaughnessy | HID CI4 |
| Other HSE: | Brian Fullam |
HID SI5 HID CI4 Policy Group |
Kevin welcomed everyone and led the introductions. Michael Ong of FPS was attending CDOIF for the first time, with a view to joining the forum in the future. Kevin apologised for the cancellation of July’s CDOIF, at short notice, owing to security and other considerations.
Apologies had been received from Colin Harris (HSE), Mark Scanlon (Energy Institute) and Martyn Lyons (TSA).
Action: Secretariat will notify CDOIF members when OC 217/05 is published.
Regulation and Recognition Pilot Project – Update:
The Regulation and Recognition project followed on from the Hampton Review. As part of this, HSE has set up a pilot study in the HSE Leeds office, for all sites which are inspected from there. The sites are to be rated on several technical, managerial and compliance aspects, and the results included in a matrix of scores. This will provide a spectrum across the chemical industry - (four Top Tier sites, six Lower Tier sites and six sub-COMAH sites). The information collated is to be shared among the companies. The results will be available in April 2008.
The pilot project is being shared and discussed with the local CIA Responsible Care Cell. The recognition aspect of the project is to be finalized, through liaison with the relevant Trade Associations.
EA and SEPA are observing the pilot, but not participating in it, as they already have their own systems in place. HSE is also trying to learn from EA and SEPA’s ‘OPRA’ work.
It should have been a 6 month trial for the pilot project, but the delay has been agreed, mutually, to ensure that the trial is comprehensive. Two hours of chargeable time were agreed for each company, as an upper limit.
The overseeing HSE group for the project is meeting again in the New Year, and with the HSE/TA/OGD/TU Project Team in March/April to make a decision on the way forward.
Report Back from COMAH Charging Review Group:
The notification for the proposed new Charging rate has been sent out to sites which are subject to the COMAH regulations. The rate will increase and general health and safety work is to be charged for on COMAH sites. Gas charging, offshore charging and Nuclear charging review groups have also convened for similar discussions. The minutes of the Charging Review Group’s meeting have been circulated to everyone who attended the meeting. On 11th December the HSC will be presented with the options and they will decide what proposals to put to government ministers, for all industry charging.
All letters received, by HSE, on the charging issues have been answered, taken into account for the process, and will be provided to the HSC.
Kevin welcomed any questions regarding clarification of the process. No issues were raised.
LUP Consultation Document 211 (Replies to HSE by 22nd May 2007)
Following the Buncefield explosion, MIIB asked HSE to review policy for the LUP around large scale petrol storage sites. The reasons for the mechanism of the explosion are not known, and so the consultation options could not address these issues.
Principles on which advice is based were laid out – with four options. Just over 70 responses were received and discussed with HSE Board. On 4th December the notification of the outcomes will be published on the HSE website. A formal letter will be sent to the sites and relevant Local Authorities, explaining the interim arrangements which are to operate, as a result of the consultation.
These arrangements will be in place until the reasons behind the explosion mechanism are identified by the group to be set up by HSE in response to an MIIB report on the subject.
Societal Risk Consultation Document 212 (Replies to HSE by 2nd July 2007)
Recent work done on Societal Risk has used data from Safety Reports from across Top Tier COMAH sites.
HSE advises on LUP, largely on individual risk. The cumulative effect of individual developments is not currently addressed by HSE’s advice systems. A cross Government task group has been working to address the issues. The group will make recommendations to ministers on Societal Risk. Over ninety responses to the consultation were received. The responses are being discussed at present.
The consultation report is likely to be published early in the New Year. Sandra confirmed that views had already been received from industry groups and that further timely input received from these groups would be included in the considerations for the final report.
During discussions, the Secretariat for CDOIF agreed to arrange for the HSE International Chemicals Unit to attend a future CDOIF to make a presentation on its work. This will take account of the interests some of the chemicals industry companies have overseas.
Action: P O’Shaughnessy
Kevin confirmed that integration of policy on Societal Risk/Land Use Planning has been discussed at Ispra. Sandra also confirmed that she regularly attends EU Policy meetings on major hazards industry. She reported that Societal Risk is a subject which other EU countries are also discussing.
There are some issues with the rollout of the PADHI software Tool. Rule 4 of PADHI states that if the applicant is going to redevelop in a similar way to the existing buildings, then HSE will not advise against, but will encourage the developer to take the opportunity to relocate further away from the hazardous site. This rule is to be taken out of the PADHI planning advice tool early next year. This has caused some press coverage recently, in Bradford, following HSE advice on an application to redevelop a school close to a chemicals site. Each case will, in future, be decided upon its own merits prevailing at the time of the new application.
The MAP library needs to be updated and other technical issues are being addressed before industry could, in the future, potentially have access to PADHI. This will be a consideration at a later date. HSE’s statutory duty is to advise LA s only. Not all LA s have agreed to use the PADHI system.
The Competent Authority (CA), as part of the response to the Buncefield incident, will be looking at what COMAH delivers. Ian Travers, of HSE, is taking the lead on this work, in conjunction with EA and SEPA. At the time of the next meeting there should be more news. The HSE Board has agreed to a scoping study on COMAH. Other permissioning regimes are not being looked at; and there are no plans to do this in the future.
The CA Joint Coordinating Group (JCG) – comprising senior members of the CA, discussed these issues at a recent meeting. The JCG is also revisiting the COMAH Memorandum of Understanding, which will be signed, once details are agreed. A CA group will be set up to address issues relating to COMAH (and its place within the permissioning spectrum). Roger Ward-Dutton added that SEPA have recently done a review of how it implements the COMAH regulations. Consolidation of the work SEPA does, in the future, may mean fewer people carrying out the work, but no reduction in overall effort applied. This should improve efficiency and coordination with HSE.
The aim of the work is to also have more integrated intervention plans and a more transparent process. Consolidation of the COMAH resource is an option which EA are currently looking at; SEPA are also looking at the consolidation of COMAH, independently of EA.
HSE has made the commitment for all Top Tier sites to have COMAH intervention plans in place by 1st April 2008. The ideal is for the CA to have one intervention plan for each site, in future, but that may not be possible for April 2008. CDOIF Members welcomed this initiative for more efficient working.
At European level similar issues are being addressed. Sandra explained that the GHS/Seveso alignment is currently being looked at. The EC will be sending out questionnaires to operators (subject to the Seveso regime), to find out what their views are on the integration of processes. The responses are to be returned by summer 2008. It is likely that the implementation of any changes will not be until summer 2009. The UK’s early work on this will inform the process. Kevin confirmed that a Dutch representative will be working with HSE this.
At an MIIB/HSE meeting in July, Emergency arrangements were discussed. The recommendations of the MIIB report are to be taken forward by the Cabinet Office in England and Wales. There will also be a link with the Scottish counterparts, which should ensure consistency.
Patrick McDonald, Chief Scientist of HSE, will work with HSE and others (including an expert from the Netherlands) on the explosion mechanism for the incident at Buncefield. Project Management will be provided by SCI (based in Scotland).
The Industry Regulator Task Group will look at measures required by large-scale petrol storage sites.
The Buncefield Standards Task Group will be replaced by the Process Safety Leadership Group - led by Tony Traynor. MIIB is forming its views, currently, to produce a final report, in the New Year. The New Leadership Group is looking at guidance and how to implement the advice on a site by site basis. Bud Hudspith is representing the TU side on the group.
Richard Clarke updated CDOIF on the Containment Policy Consultation. Thirty five responses have been received, which are being reviewed at the moment. The modified policy and regulatory impact assessment will be ready around the end of December/ beginning of January. Richard will update, as necessary, via the Secretariat.
Action: R Clarke
Extending the containment policy to the relevant flammables and toxics will also be considered in 2008.
Ian McPherson reported that TSA and UKPIA met with MIIB and CA to discuss likely implications for future costs to industry. Kevin confirmed that the CA view was that there was now little difference in view between MIIB, CA and Industry on these costs.
HSE will be hosting a MH Conference on 29th April 2008, at the Queen Elizabeth II centre, in London, geared around leadership. Judith Hackitt will be sending letters of invitation out next week to the Chief Executives of Major Hazards companies in UK (nuclear, offshore, onshore, railways etc. The Trades Unions, EA and SEPA will also be invited to attend. At least one government Secretary of State will be attending. There will be presentations in the morning, followed by discussion groups in the afternoon; the meeting will be from 10.00 a.m. – 4.00 p.m. CIA will be invited to lead one of the afternoon discussion groups. HSE SCS and Band 1s will be facilitating the meeting. A major issue for discussion will be process safety and leadership.
A copy of the letter will be sent to CDOIF members, for information. A list of the invitees is to be included. Kevin welcomed and accepted the CDOIF members’ offer to help with ensuring that invitees are the most appropriate.
Action: Secretariat to send copy of letter to CDOIF members, for information.
Phil Scott had presented a paper to the CIA Strategy Group – looking at governance of CIA member companies – specifically on leadership issues. Conclusions should be delivered in March 2008, following the audit. The process will be managed, using a confidentiality code, whilst looking to identify examples of Good Practice and implementing improvements.
Ron Wood updated CDOIF on a TU meeting which he attended in October. The concerns raised at the meeting included - fatigue issues, understaffing and overtime levels. These are issues which the TUs would like senior managers to take the lead on trying to resolve, for the future.
Kevin updated on the position re Buncefield activity both with the MIIB and in the CA. Further work on the explosion mechanism had been remitted to HSE (under the chairmanship of Patrick McDonald). An MIIB report was expected in the New Year on land use planning. The final MIIB report was still being discussed, as was the long-term position regarding the MIIB existence. The criminal investigation was ongoing, with the decision unlikely to be signalled for several months into 2008.
As for the CA’s work, the Containment Policy, having gone through a consultation exercise, should be published in January or February, along with the results of industry’s compliance with the early BSTG recommendations. The outcome of the land use planning consultation had already been discussed earlier in the meeting.
Neil gave an update on the development of the chlorine sector covenant. It has been a joint effort from industry and CA. The Covenant itself is a written voluntary agreement to develop best practice in the chlorine sector. The agreement will apply from 1st January 2008, and will be on a trial basis only. Separate discussions with Water UK are not so advanced, so a date for their associated covenant has not been set.
The Dutch WORM model is considered being trialled for the analysis and cause of incidents within the chlorine sector in the UK. The data will be supplied voluntarily and will be anonymised.
Colin Billington (consultant from Helacol) held meetings this year with HSE staff to look at influencing options for warehousing and tank storage/refineries sectors. Industry workshops were to follow on from these meetings. Doug Leech gave feedback to CDOIF on the workshop for the warehousing industry (held on Monday 26th November). It was a long day but was very useful; the process offered a new focus for company members on their work. Some negative views of industry had been reported back from the HSE workshop.
Bill Mayes expressed regret that UKPIA has not been able to make itself available to be involved with the initiative so far – because of finite resources. CBA had had a similar experience, with delays and cancellations before Monday’s meeting. The tank storage/refineries workshop for industry should be held early next year.
Action: K Allars will update at the next CDOIF meeting (on developments of the Influence Network.)
EA’s forward work programme addresses what it does and why. There are a number of changes happening at the moment. Drivers for these changes include Hampton Report, Better Regulation and reducing burden on industry. Defra has carried out an audit – common agricultural policy and PPC (which has been identified as the 3rd highest burden on industry) and waste management licensing. The target is to reduce this burden by 25% over time. EU directives bring their own burdens also; not always enough resources available to implement. Prioritizing all duties is a challenge. A comprehensive spending review over next 3 years means a real reduction in EA workforce (Policy dept and HQ – in particular). Statutory compliance code for Regulators will be coming into force quite soon. EA will be required to have a more risk based approach and to be more focussed on environmental outcomes.
Improved joined up working with other regulators (including HSE) is another priority.
In practice things which have been done include the risk based charging scheme ‘Opra’. All permitting schemes will now follow a centralized model, to reduce burdens.
From 1 April 2008, PPC and waste management licensing will be combined into Environmental Permitting Regulations. This is planned to be extended further – all permitting regimes are to be combined into one set of Regulations.
Fiscal measures – (European Trading Scheme) – The Carbon Dioxide scheme has worked well; the plan is to extend this to other gases. EA is working with HSE on a waste management sector initiative.
Environment Agency – update of incidents from Richard Clarke
A safety alert was issued to relevant companies, following the incident at Milford Haven. Kevin referred to the Mechanical Engineering presentations given at previous CDOIF meetings – specifically on the issues of piping and atmospheric tank floors. SAFED and EEMUA are conduits for passing on alerts to relevant companies and key Trade Associations.
Kevin confirmed that methods do exist for circumventing delays in addressing key safety issues. (This was brought about because of HSE and other Competent Authority members are considering prosecutions). The methods include safety alerts and circulation of findings from Mechanical Engineering research, through EEMUA and SAFED. Another method is to pull into the lessons learned groups – eg. BRT and cascading to industry through the members from industry.
Clive Tayler reported back on EEMUA. Kevin will ensure that the issue of integrity of tanks is discussed at the meeting of SAFED, EEMUA and HSE on 19th December. Ageing Plant and process safety are issues which may need to be addressed, as part of these discussions.
SEPA – update of incidents from Roger Ward-Dutton
Common factors in incidents reviewed by SEPA include – established procedures which should have been in place and followed; loss of knowledge/expertise; and a general recognition that industry and regulators are stretched for resources.
Clive Tayler– EEMUA
Kevin Allars – HSE
No other items were raised.
Date of next meeting – Monday 19 May 2008, at HSE HQ, Rose Court, London
