The Complex is regulated by inspectors from the HSE - Hazardous Installations Directorate (HID) - Land Division, based in Edinburgh.
59 Belford Road
HID uses the Chemical & Downstream Oil Industry Forum (CDOIF) and the Refinery Issues Group (RIG) to develop intelligence and communicate issues within Land Division, to other regulators and with the industry and employee representatives.
The Refinery Issues Group (RIG)/Refinery Sector assists and provides guidance for the direction of inspection methodology for refineries such as Grangemouth.
The RIG consists of an HSE peer group of HM Principal Inspectors and technical specialists who provide a:
For BP Grangemouth, and certain other large multi-site companies such as Transco (formerly British Gas), and Calor Gas, the HSE operates a Lead Unit system (previously known as the HSE Lead Unit Principal Inspector system). For these companies the HSE Lead Unit Coordinating Inspector ensures consistent approach to inspection of these companies, and ensures impact at senior management levels.
A team of HSE inspectors report to an HSE Principal Inspector with overall responsibility for the Complex. Under the COMAH Regulations there is a duty on the competent authority to "organise an adequate system of inspections of establishments or other measures of control appropriate to the type of establishment concerned". Accordingly the HSE team carries out a programme of routine scheduled inspection visits of the Complex and facilities and investigations into incidents, working to an inspection plan.
The strategy underpinning the inspection plan recognised that risk controls in refinery operations could be improved and listed around 30 topics for inspection. A major thrust of the strategy was to target senior BP management to improve their management controls and the HSE Principal Inspector had discussed the strategy with the Complex Director and with Trade Union safety representatives prior to the incidents occurring, thus raising awareness in advance of inspection.
The Complex is subject to a wide range of legislative compliance requirements for which the HSE is responsible as the regulatory authority. Legislation relevant to the investigations at the time of the incidents was:
CIMAH/COMAH are relevant to all three incidents. At the time of the incidents not all the COMAH Safety Reports had been submitted or accepted by the Competent Authority and therefore the Complex was subject to both the requirements of CIMAH and COMAH.
The HSC (Health and Safety Commission) enforcement policy statement forms the basis for enforcement decisions. Enforcement strategy encompasses verbal advice, written recommendations to achieve action, enforcement notices (improvement and prohibition) and prosecutions. Notices and prosecution are known as formal enforcement. Prohibition notices are intended to ensure that the process or activity is not continued until adequate controls are in place. Improvement notices are designed to gain improvements in health and safety law compliance within fixed timescales. Prosecution may result in fines on companies for breaching health and safety law.
In addition to the HSE policy there is a practical enforcement management model (EMM), which assists enforcement decisions to ensure consistency, proportionality and that the appropriate enforcement decision is made.
A recent history of regulatory involvement and enforcement action taken by the HSE on-site is given below.
Between July 1999 and June 2000 seven separate incidents occurred at BP Grangemouth each with significant off-site implications. These were investigated by the HSE and are summarised below:
Previous Enforcement Actions for the BP Oil Grangemouth Refinery Limited
Three enforcement actions have been taken for the BP Oil Grangemouth Refinery Limited since 1988.
Improvement Notices issued to the BP Oil Grangemouth Refinery Limited
A number of improvement notices have been issued to BP Oil Grangemouth Refinery Limited since 1998.
Previous Enforcement Actions for BP Chemicals Limited, Grangemouth
Two enforcement actions have been taken for BP Chemicals Limited, Grangemouth since 1999.