Health and Safety
Executive / Commission
Local authority circulars
To: All Unitary and Island Councils; County Councils in England and Fire Authorities
For the attention of: Environmental Services / Trading Standards / Fire Authorities
This circular gives advice to Petroleum Enforcement Officers
LEAD AUTHORITY PETROLEUM AUTHORITY AGREEMENT
As of 1st July 2003 Surrey County Council Trading Standards and Esso Petroleum Limited entered into a Lead Authority Partnership Scheme (LAPS) with respect to petroleum enforcement matters. The Memorandum of Understanding agreed between the two parties is given below.
1. This Memorandum of Understanding between Surrey County Council Trading Standards (SCCTS) and Esso Petroleum Limited (Esso) is based upon the general aims and principles of the Lead Authority Partnership Scheme (LAPS) operated by the Health and Safety Executive. It is not intended to impose any new legal obligations on either SCCTS or Esso. Both Esso and the SCCTS have agreed that the SCCTS should act as a partner to Esso in respect of compliance with petroleum legislation on Esso's operation premises.
1.1 About Esso
Esso's ultimate parent company is Exxon Mobil Corporation, a major U.S. oil and gas company with affiliates worldwide.
Esso has a company owned service station (COSS) network of approximately, 750 sites, consisting of Agency/Licensee/Tesco Express operation.
In addition, Esso has supply agreements at approximately 480 Dealer owned service stations (DOSS).
The Retail Sales division of Esso, which is part of the Fuels Marketing Department, is responsible for this area of Esso's business.
1.2 The Partnership Scheme
The introduction of a Lead Authority Partnership Scheme between Esso and SCCTS will make provision for a single point of contact, encourage a good working relationship and aim to avoid significant duplication of management effort for both parties.
New petroleum legislation will be risk management based, and SCCTS will provide guidance to Esso to ensure that systems put in place to protect employees and property will accord with the overall aim of ensuring compliance with legislation and making cities and communities safer from fire or explosion.
SCCTS and Esso will make all reasonable endeavours to ensure that issues concerning the enforcement of petroleum legislation will be managed with speed and allocated ownership to ensure a rapid response by Esso and a streamlined determination by the petroleum enforcing authorities concerned.
In signing this document, SCCTS and the management of Esso gives support to LAPS and endorse the main aims and objectives of the scheme.
2.1 Esso will:
A Fuels Marketing SHE Adviser as a point of contact to meet a SCCTS Senior Petroleum Officer a minimum of four times per year and at any other time that either party may deem reasonably necessary; and
An agreed contact on more general trading issues to meet the Home Authority Officer (if required) by either party acting reasonably.
2.2 The Surrey County Council Trading Standards Service will:
Undertake to meet with Esso a minimum of four times per year and at any other time that either party reasonably deems necessary and to produce an agenda and issue the same one week before a meeting date to ensure a business approach to task and time management.
Provide a Senior Petroleum Officer and Home Authority Officer as points of contact
Ensure continuity when personnel changes
Ensure adequate records are maintained with other authorities
Work with other Authorities to achieve uniformity of compliance standards and enforcement action across the country
Provide advice and guidance on petroleum legislative matters
Advise on the drafting of company safety policy as required by petroleum legislation
Provide information and advice on standards and support on policy and procedural issues that may have a national consequence
Where SCCTS considers it to be reasonably necessary when the issue cannot be resolved by other means of communication, to allow a Petroleum Officer to travel outside the SCCTS area to advise on petroleum matters
Provide advice on proposed changes to legislation in sufficient time for Esso to be able to consider potential commercial impacts, and develop implementation strategies
Maintain strict confidentiality at all times regarding any information received by it from Esso under this Memorandum of Understanding.
2.3 The SCCTS will not:
Appear in court on behalf of Esso in any prosecution brought by another enforcing authority under health and safety or fire safety legislation, except where SCCTS may appear as an 'expert' and neutral witness to give general mitigating evidence about the lead authority principle and the involvement of Esso, but would not refer to the specific point at issue
Draft fire safety policies and procedures on behalf of Esso. It is incumbent upon Esso to comply with petroleum and fire safety legislation. SCCTS will, however, be expected to assist the company to fulfil petroleum obligations by liaison and advice
Devote a disproportionate level of resource to the partnership or act as Esso's petroleum storage consultant
2.4 Confidentiality
For the purposes of this Agreement, "Confidential Information" shall mean all information of whatever nature and whether in written, oral, electronic or any other form that is disclosed directly or indirectly by Esso and/or its subsidiaries to SCCTS unless such information is identified by Esso as not being confidential at the time of disclosure and is later confirmed by Esso in writing as such.
Subject to the provisions of the following paragraph SCCTS agrees to hold the Confidential Information in confidence and not to disclose the Confidential Information to any third party.
The obligation contained in the preceding paragraph shall not apply to Confidential Information which:
At the time of disclosure is in the public domain or which after disclosure is published or otherwise becomes part of the public domain other than directly or indirectly by any act or omission of SCCTS;
Was in SCCTS's possession at the date of disclosure as evidenced by SCCTS's records, without obligation of confidentiality, and was not acquired directly or indirectly from Esso or its subsidiaries; or
Has at any time after the date of this Memorandum of Understanding, been lawfully acquired by SCCTS from a third party which is rightfully in possession of such information and who is not bound by any obligation of confidentiality or fiduciary duty to Esso and/or its subsidiaries in respect thereof.