The aim is that the changes to Seveso will be kept to a minimum. However, the new classification criteria in the CLP regulation and the way Seveso will link to CLP in future could mean that a number of sites might:
The changes will have implications for people who have duties under the legislation and others who may be affected by them.
Both the Seveso Directive and the COMAH regulations which implement it apply to businesses where dangerous substances are either present on site in the relevant qualifying quantities, or could be generated in the event of an accident. All types of businesses with dangerous substances are covered, not just those in the chemical sector.
If you are already operating a Seveso (COMAH) site, you will need to check whether the changes to Annex 1 of the Directive could affect whether you remain a lower or top tier site, or perhaps fall outside scope. Changes to other parts of the legislation might also affect how you discharge your duties.
If your site is not currently a Seveso (COMAH) site, you will need to find out if the changes to Annex 1 of the Directive could bring you into scope and if so, whether the lower or top tier duties will apply.
The Seveso Directive and the COMAH Regulations apply to all business types, regardless of their size. Operators of SMEs should therefore check whether the changes, especially to Annex 1, affect their status under the legislation.
The Seveso Directive/COMAH Regulations aim to protect the safety of workers as well as the public (and the environment).
If, as a result of changes to the legislation, a site becomes subject to the legislation, or moves from the lower to the top tier, it doesn't necessarily mean that there has been an increase in the hazards on site or risk presented. It may be because a substance is being classified in a different way or the qualifying quantity listed in the legislation has changed. Applying additional legislative controls may lead to increased safety and less risk to people working at the site.
Similarly, a site that falls outside scope will still be subject to a range of specific and stringent controls such as the Control of Substances Hazardous to Health Regulations and the Dangerous Substances and Explosive Atmospheres Regulations, as well as the general duties under the Health and Safety at Work etc Act.
If you work at a COMAH site, either as an employee or sub-contractor, the operator of the site should involve you in the arrangements to manage major hazards and their implementation and should involve you or your representatives in their emergency planning arrangements.
Major incidents are rare events but emergency planning, preparedness and response help to ensure that the effects of any that do occur are kept as small as possible.
Local authorities must prepare adequate emergency plans to deal with the off-site consequences of possible major accidents at top tier sites, and should review and where necessary revise them, and test them at specified intervals.
Local authorities will need to prepare emergency plans for any sites in their area that become top tier sites as a result of the changes.
Land use planning is one of the measures in Seveso (COMAH) intended to mitigate the effects of a major accident in the unlikely event one occurs.
Any changes to Article 12 (Land-use planning) or Annex 1 of Seveso will be implemented through planning legislation which is the responsibility of Communities and Local Government, the Welsh Assembly Government and the Scottish Government.
Living or working near to a site that becomes subject to the Seveso Directive/ COMAH Regulations does necessarily mean that the level of risk has increased but that it will be more closely regulated.
Equally, if a site moves outside the scope of major hazard legislation it will still be subject to a range of other health, safety and environmental legislation to ensure that risks to people and the environment are adequately controlled.
If you are in an area liable to be affected by a major accident at a COMAH site you should regularly receive information about the site, the major accident hazards and the safety measures that are in place. You should also be informed when emergency exercises are taking place to reassure you that a real accident has not occurred.
The local authority should consult you when it prepares an off-site emergency plan for the site. Such consultation will normally be carried out through your elected representatives, such as local councillors, or through specially established groups representing residents in the vicinity of the site.
Further information is available in the HSE information leaflet 'Major hazard sites and safety reports - What you need to know'.
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