HSC PUBLISHES NEW GUIDANCE ON UNLOADING PETROLEUM

HSC press release: C016:03 - 9 May 2003

The Health and Safety Commission (HSC) has issued a new Approved Code of Practice (ACoP) on unloading petrol from road tankers. The publication aims to reduce the risks of fires and explosions and prevent falls from road tankers unloading petrol at filling stations. It gives practical guidance on avoiding overfilling storage tanks; controlling ignition sources; dealing with spillages and fall prevention.

The ACoP details the steps operators should take to comply with Regulation 6 of the Dangerous Substances and Explosive Atmospheres Regulations 2002 (DSEAR), regarding safe unloading of petrol from road tankers, and Regulation 13(1), (2) and (3) of the Workplace (Health, Safety and Welfare) Regulations 1992 (The Workplace Regulations) regarding preventing falls from tankers.

It replaces Schedule 12 of the Carriage of Dangerous Goods by Road Regulations 1996, which was revoked on 5 May 2003. The Schedule was considered by many stakeholders to be too complicated and over-prescriptive. Operators will, of course, still need to comply with the remaining requirements of the Regulations concerning carriage, loading and unloading dangerous goods.

"The publication of this ACoP is an important step in the project to modernise petroleum legislation in Britain, replacing prescriptive requirements with a more modern goal-setting approach, said Stewart McEwen, who heads the project for the Health and Safety Executive (HSE). "We can now move forward to the next phase and look at the licensing regime covering petrol filling stations."

DSEAR replaced or amended over 20 pieces of outdated legislation on flammable and explosive substances and associated hazards when introduced last year. They provide the overall legal framework for preventing fires and explosions arising from storage and use of dangerous substances, setting minimum requirements for protecting workers from risks related to substances and potentially explosive atmospheres. DSEAR also changed the petroleum licensing regime by removing the need for licensing from all workplaces other than filling stations

The Workplace Regulations provide the legal framework for ensuring that workplaces meet the health, safety and welfare needs of each member of the workforce including safety issues arising from working at height.

The new guidance has been drawn up in consultation with the Petrol Working Group of HSC's Advisory Committee on Dangerous Substances (ACDS), which includes industry representatives, including oil companies, supermarkets and independent petrol retailers; local government organisations; petroleum licensing authorities and HSE.

Copies of 'Unloading Petrol From Road Tankers - Approved Code of Practice and Guidance' (Ref. L133), are available from HSE Books

Notes to editors

1. The Dangerous Substances and Explosive Atmospheres Regulations 2002 (DSEAR) lay down minimum requirements for protecting workers and others against risks from fire, explosion and similar events arising from dangerous substances used or present in the workplace. The regulations apply at most workplaces in the UK where a dangerous substance, such as petrol, is or could be present.

2. The Workplace (Health, Safety and Welfare) Regulations 1992 provide the legal framework for ensuring that workplaces meet the health, safety and welfare needs of each member of the work force including safety issues arising from working at height. The term 'workplace' covers a wide range of premises, including petrol filling stations.

3. Dangerous goods carriage in Britain is governed by regulations and approved documents made under the Health and Safety at Work, etc. Act 1974. Development of these regulations is mainly driven by European Directives, which require Member States to align domestic legislation with international carriage agreements. The agreements governing transport by rail and road, RID (Reglements Internationales Relatif au Transport des Marchandises Dangereuses par Chemin de Fer) and ADR (Accord Européen Relatif au Transport International des Marchandises Dangereuses par Route), are updated every two years. A Consultation Document proposing draft regulations to implement changes introduced in the 2001 and 2003 editions of RID and ADR is due to be published in June, with a three-month consultation period. The Regulations are not expected to come into force before 1 March 2004, at the earliest.

4. The new ACoP addresses safety aspects of unloading petrol from road tankers, but not the associated environmental concerns. Any spill or loss of product could also pose a threat to the environment and the potential for environmental harm should be considered. Further guidance on the relevant legislation and pollution prevention advice can be obtained from the relevant agency: the Environment Agency for England and Wales or the Scottish Environment Protection Agency.

5. Codes of Practice are approved by HSC, with the consent of the relevant Secretary of State. They give advice on how to comply with law. If you follow the advice you will be doing enough to comply with the law, though you may use alternative methods to those set out in the Code. AcoPs have special legal status. If you are prosecuted for breach of health and safety law and it is proved that you did not follow the relevant provisions of the Code, you will need to show that you have complied with the law in some other way or a court will find you at fault.

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