Buncefield MIIB Report - Regulators respond

Date:

11 December 2008

Release No:

B003:08

The Health and Safety Executive and the Environment Agencies who form the joint COMAH Competent Authority have today welcomed the publication of the final report into the causes of the explosion and fire at the Buncefield fuel storage depot. The report's publication comes exactly three years to the day of the incident.

The Major Incident Investigation Board, MIIB, - chairSed by Lord Newton of Braintree - was set up to investigate the causes of the explosions and fire at Buncefield Oil Storage Depot in Hemel Hempstead, Hertfordshire on the 11 December 2005; and identify lessons to be learned.

Commenting on its findings, Judith Hackitt, HSE Chair said: "I am very grateful to the Rt Hon Lord Newton of Braintree and his Board for the extraordinary commitment and rigour brought to the investigation of the Buncefield incident."

"The work of the MIIB has already had a major impact on the way safety and environmental risks are controlled at similar sites and in ensuring improved resilience."

"Producing interim reports has enabled early action to be taken but the continuation of learning and applying the lessons from Buncefield and other similar incidents will remain a high priority for HSE and the Competent Authority for the foreseeable future."

EA, Director of Operations, David Jordan, said: "The work of the MIIB has been critical in promoting improved standards at sites in England and Wales - similar to Buncefield."

"The Competent Authority has completed or made significant progress towards the MIIBs recommendations, to improve safety and reduce risks to the environment at COMAH sites."

"The Government has recognised that good progress has been made in implementing MIIB recommendations and the Environment Agency will continue to challenge the oil and fuel sector to put in place the remaining improvements that are needed."

Press enquiries

All enquiries from journalists should be directed to the HSE Press Office

Note to editors:

1. The MIIB concludes its work on the publication of this final report having effectively completed its terms of reference.

2. On 11 December 2005, a number of explosions occurred at Buncefield Oil Storage Depot in Hemel Hempstead. At least one of the initial explosions was of massive proportions, there was a large fire, and over 40 people were injured. Following the explosion, the MIIB (Major Incident Investigation Board) was established by the then Health & Safety Commission under section 14 (2) (a) of the Health and Safety at Work etc. At 1974. The MIIB has carried out an extensive investigation into the causes of the incident and ways to avoid similar incidents in the future. http://www.buncefieldinvestigation.gov.uk/index.htm

3. The EA in England and Wales, Scottish Environment Protection Agency (SEPA) in Scotland, and HSE are jointly responsible (the Competent Authority) for regulating non nuclear major hazardous industrial sites in the UK under the Control of Major Accident Hazard Regulations 1999 (COMAH). COMAH requires operators of major hazard sites subject to the Regulations to take all measures necessary to prevent major accidents and limit their consequences to persons and the environment. Operators of top tier COMAH sites (like Buncefield) are also required to submit written safety reports to the Competent Authority; and to prepare emergency plans to deal with the consequences of a major accident. Operators and others (including contractors, designers and suppliers) also have relevant duties under the Health and Safety at Work etc Act 1974 and under other environmental legislation to protect land, air and water, including the Water Resources Act 1991.

4. Securing improvements at fuel storage depots is a key business priority for the CA.

5. The Government reported that good progress has been made in implementing the recommendations from the Major Incident Investigation Board (MIIB) when the the Secretary of State for Work and Pensions made a statement to Parliament on 13 November. (http://www.dwp.gov.uk/mediacentre/pressreleases/2008/nov/hse112-131108.asp)

6. The MIIB was not appointed to take any decisions on legal proceedings that fall to be considered under the criminal investigation.  Decisions on criminal proceedings are for HSE and the EA (and HSE and SEPA in Scotland) as the enforcing authorities under the relevant regulations.

7. On 1 December 2008 the Health and Safety Executive (HSE) and the Environment Agency (the EA) are to prosecute five companies following the explosions and fire at the Buncefield Oil Storage Depot, Hemel Hempstead, Hertfordshire in December 2005. http://www.buncefieldinvestigation.gov.uk/press/b08002.htm

8. Criminal proceedings have been commenced against Total UK Ltd, Hertfordshire Oil Storage Ltd; British Pipeline Agency Ltd; TAV Engineering Ltd; and Motherwell Control Systems 2003 Ltd following a thorough and complex criminal investigation conducted by the Health and Safety Executive and the Environment Agency.

9. The initial court date has been fixed for 23 January 2009 at West Hertfordshire Magistrates Court, Clarendon Road, Watford, Hertfordshire, WD17 1ST. The prosecution of the five defendants in relation to the Buncefield incident is now a matter for the Court. HSE and the EA are unable to comment further on the decision to prosecute.