Matters of Evident Concern and Potential Major Concern

Author unit / section

FOD NWHQOS

Target audience

All FOD Staff

Summary

This OC defines the approach to be taken by FOD staff over matters of evident concern and matters of potential major concern.  This replaces version 1, changes have be made at paras 4, 6 and 9-12.

Introduction

1. This OC contains new instructions for FOD staff that require them to consider at site visits, whether there are risks present that could lead to multiple fatalities or multiple cases of ill-health and, if so, to take appropriate action.  These high consequence events are designated as matters of potential major concern.

Definitions

2. Matters of Evident Concern (MEC) are defined as those that create a risk of serious personal injury or ill health and which are observed (i.e. self-evident) or brought to the attention of FOD staff.

3. Matters of potential major concern are those which have a realistic potential to cause either multiple fatalities or multiple cases of acute or chronic ill-health.  An indicative, rather than exhaustive, list of issues is given at the end of this document.

Action at premises inspected by FOD

4. As has always been required, visiting officers should continue to deal immediately with any MEC that they encounter during their visits, whether these are related to Fit3 programme priorities or not. Visiting officers are not expected to make enquiries or seek information on MECs, except in Construction Division where MECs are fully incorporated into the construction programme, but they should take appropriate action to address any MECs which come to their attention (either directly or, for example, via workers’ representatives).

5. In addition, FOD inspectors should now consider if there are hazards (outside the Fit3 topics) which have the potential to cause multiple casualties or ill-health at all visits.  If so, they should make sufficient enquiries to form a professional judgement as to whether the associated risks are adequately controlled.  If this is not the case, then enforcement action should be taken in accordance with the Enforcement Policy Statement. Inspectors should take into consideration the potential for secondary consequences (e.g. an explosion causing a building collapse), as well as that of the primary event.

6. If visiting officers in the Construction Division identify a MEC elsewhere than a construction site they should address and record it in accordance with this OC, e.g. when visiting a factory site to inspect a new extension they encounter poorly stored flammable gases or liquids within the factory premises. Construction inspectors are not expected to make enquiries about matters of potential major concern beyond those directly related to construction issues.

Action by HSAOs and administrative staff

7. If staff encounter a MEC during a visit, they should advise the dutyholder to stop the activity or, if it is about to commence, not to start until a further risk assessment or reference to HSE guidance has been undertaken. If the dutyholder chooses to ignore their advice, the HSAO should contact an inspector by telephone to discuss the circumstances as soon possible.

8. Where staff suspect that there is poor control of H&S risks at a premise where there is the potential for a high consequence event, they should raise their concerns promptly with a band 2 inspector.

Recording

9. Wherever you deal with an MEC or a matter of potential major concern it should be recorded on COIN except for Construction Division visiting officers who should only follow this section on recording where paragraph 6 above applies.

10. All initial enquiries into an MEC should be recorded on an IRF Other against the relevant duty holder.  This includes Construction Division staff as and MEC’s discussed will not be construction related.  Within the note summary field you must use the appropriate keyword listed in the COIN Work Recording OM.  In the notes detail field you should record:

• what the matter concerned;
• which responsible person within the dutyholder company you saw;
• what action you took and what action the dutyholder took
• what follow-up is expected
• Where you did not take formal enforcement action you must record the reasons why.

11. It is expected that all MECs raised should normally either result in a notice or prosecution (in line with EMM requirements) or referral to another enforcing authority (e.g. for general fire precautions). However, after enquiries have been made, it may be that the risks from matters of potential major concern are being adequately managed and no further action is needed. This should still be recorded.  Where appropriate a COIN case should be raised for the above and linked to the IRF Other as normal.

12. Time spent on these issues should be fully recorded as follows:

• IRF Other – Complete the MEC fields on the IRF / Ratings page, or if the IRF Other is not used, then on the timesheet – Use the MEC category against the appropriate activity

Indicative issues to consider

1. Fire and explosion
   • LPG storage and associated pipework (e.g. underground pipework; security of store and proximity of vehicles).
   • Storage of flammable liquids and solids (e.g. large quantities of HFLs, PU foam and other flammable solids (e.g. polyester resins stored within workrooms).
   • Flammable dust accumulation or collection (e.g. flour, wood, metal powders present in workrooms; dust collection units)
   • Means of escape in case of fire (e.g. blocked, locked or no exits)
   • Stoving and evaporating ovens (e.g. explosion relief; flame safeguards; ventilation)
2. Health
   • Use and maintenance of cooling towers (legionella risk)
   • Metalworking fluids (significant use during machining operations)
   • Entry into confined spaces (e.g. silos; degreasing tanks)
3. Structural safety
   • Condition of building (e.g. cracks in exterior walls)
   • Presence of cast iron support columns (e.g. use of FLTs or similar plant)
4. Pressure vessels
   • Steam boilers and autoclaves (general condition; maintenance; written scheme of examination [WSE]).
5. Construction
   • (e.g. work on seriously defective scaffolding; foundations not underpinned during excavations; unsupported trench work)
6. Matters for referral to HID CI
   • Matters which could impact a neighbouring COMAH site
   • See OC18/11 for full details of HID C1/ FOD demarcation and examples of issues which should be brought to HID CI attention