The Control of Major Accident Hazards Regulations 1999 implements the EC Seveso Directive into UK law. The Directive was enacted by the European Parliament following the major accident at Seveso, Italy and modified following the major warehouse fire in Basle, Switzerland.
The COMAH Regulations are enforced by a body called the COMAH Competent Authority (described from this point as the Competent Authority). The Competent Authority brings together three separate government bodies, it consists of: Health and Safety Executive (HSE) and Environment Agency (EA) in England and Wales, and the HSE and Scottish Environment Protection Agency (SEPA) in Scotland.
The Competent Authority’s role is to oversee and coordinate the regulation of major hazards in the UK and ensure that the regime operates effectively.
These arrangements are described in more detail within a formal document called a Memorandum of Understanding; between HSE, the EA, and SEPA.
The COMAH Regulations apply mainly to the chemical and petrochemical industries. They may also apply to businesses that store fuels, including gas, have large warehouses or distribution facilities or manufacture and store explosives and aim to ensure that businesses:
The Competent Authority has a single strategic priority in its management of the COMAH regulations – that is:
To protect people and the environment from, and limit the consequences of, major accidents occurring within the onshore chemical manufacturing and process industries.
In detail, this strategic priority can be set out as:
The Competent Authority aims to achieve their strategic priorities, focusing on:
The Competent Authority Strategic Management Group (CASMG) key role is to looks across the Competent Authority and industry as whole and set clear priorities.
Alongside direction setting, the CASMG will ensure that the Competent Authority monitors progress against this national picture, and reports publicly on its findings and the overall performance of the Competent Authority and industry in meeting these priorities.
The Competent Authority will also take steps to intervene in areas of clear concern, addressing both practical issues arising from process safety management and more widely, supporting industries efforts to improve by supporting key initiatives such as leadership, performance and sharing good practice.
The Competent Authority through its contribution to the work of EU wide technical working groups will continue to share experiences with and learn from other European Competent Authorities responsible for enforcing their own national versions of the Seveso II Directive and will contribute to a recently announced by review of the Directive. The planned review by the European Commission, aims to update the provisions of the Directive which have remained essentially unchanged since its adoption.
In accordance with the Health and Safety at Work Act 1974, the COMAH regulations have at their heart the simple enduring principle that those who create risk are best placed to manage it. In line with this principle for:
Operators of COMAH sites: The law is clear that operators of COMAH sites are responsible for managing the risks arising from their activities. They have a responsibility to deliver effective process safety management solutions; based on an understanding of the problems, monitoring progress and demonstrable improvements.
Emergency Planning Authorities: Operators and the local authorities have a duty to ensure that the appropriate plans are prepared and are adequate for the purpose. The operator is responsible for the on-site plan, and the local authority has responsibility for the off-site plan.
The COMAH Competent Authority: The Competent Authority regulates activities subject to COMAH by: assessing safety reports submitted by site operators; inspecting sites and investigating incidents. It prohibits the operation of an establishment if there is evidence that measures taken for prevention and mitigation of major accidents are seriously deficient.
The work of the Competent Authority is achieved via the development and coordination of the CA’s strategic priorities and initiation of delivery programmes for each of the Competent Authority statutory bodies for:
HSE this is set out in ‘The Health and Safety of Great Britain/Be part of the solution’ strategic goal to reduce the likelihood of low frequency, high impact catastrophic incidents while ensuring that Great Britain maintains its capabilities in those industries strategically important to the country’s economy and social infrastructure.
The programmes which fall with this ‘avoiding catastrophe’ goal are, set out and, reported on in detail in the relevant in year Business Plan and Annual Report.
EA this is set out in the Agency’s corporate strategy ‘creating a better place’ strategic goal to ‘protect and improve air, land and water quality by helping business stop unnecessary or accidental pollution and by responding rapidly and decisively to incidents and emergencies to protect people and the environment.’
The delivery programmes which fall within this goal are, set out and, reported on in detail in the relevant in year Business Plan and Annual Report.
SEPA this is set out in the Agency’s Corporate Plan 2008 - 11’ strategic goal for ‘protected human health and communities by working to protect individuals and communities from the adverse effects of environmental pollution.’
The programmes which fall within this goal are set out and reported on in detail in the relevant annual Operating Plan and Annual Report.
The primary role of the Competent Authority is to maintain a clear overview of performance across the industry, identify emerging opportunities and threats to sustained safe operation and performance. And where threats to safety or the environment emerge, respond by setting regulatory priorities and monitoring and reporting on progress;
The Competent Authority view will be based on the analysis of information routinely collected during the delivery of its statutory functions – this will ensure that decision making will be based on sound evidence and improve the effectiveness of national priority interventions and policies, managing a regulatory regime that:
Fundamentally, the Competent Authority will be transparent and open about its work, its priorities and their outcomes – being clear about what we do, when and how activities are carried out, and what they achieve – reporting on what we find and what we intend to do about it.
CASMG will look across the Competent Authority and offer clear guidance to industry on areas of concern or improvement and monitor their response. Enabling regulators to both identify, and take effective enforcement action against, poor performers.
Achieving the strategic goals outlined in the Competent Authority’s plan of work will require us to be prepared to make tough choices and realign our resources to where they are most effective. Keeping in step with a varied and economically sensitive industrial sector, will require the collection of good intelligence, research and analysis.
However we will need to be clear that we alone cannot prevent failures in major hazards. Success will be delivered by industry meeting its statutory responsibility to manage the risks they create by ensuring they have effective process safety management arrangements in place.
The Competent Authority is committed to transparency in public reporting, central to this commitment is making the evidence-base for our decision-making, the priorities that emerge from this base, and the outcomes of our approach publicly available. Our desire is to empower businesses and communities to better understand the regulation and control of major accident hazards.
Annually we will publish a plan of work and report on performance against this plan, detailing performance inputs and outputs, and measuring outcomes and the effectiveness of the Competent Authority in meeting its stated objectives.
The Competent Authority policy development will be in line with best practice in government and follow the Better Regulation Executive guidance on policy development, in line with negotiating and implementing European legislation guidance.
Policy development will be evidence based, underpinned by consultation with all our stakeholders, and take account of the impact they have on the regulated.
Central to the delivery of our work will be the continued development of our partnerships with industry, other regulators and others with a stake in the control of major accident hazards. Effective communications and engagement will enable our partners to deliver interventions in areas for which they have responsibility, and we will also be alerted to feedback and intelligence they provide.
In particular we will seek to widen understanding and support for the principles that underpin leadership on process safety within the major hazards sector. We will continue to listen to, and support industry in their efforts to promote these principles and for them to be responsible, safe neighbours to those living or working near to their businesses.
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