What is the main aim of the COMAH Regulations?
Their main aim is to prevent and mitigate the effects of those major accidents involving dangerous substances, such as chlorine, liquefied petroleum gas, explosives and arsenic pentoxide which can cause serious damage/harm to people and/or the environment. The COMAH Regulations treat risks to the environment as seriously as those to people. Recent examples of incidents involving COMAH sites are the Buncefield oil storage depot fire in 2005 and the Conoco Ltd Humber refinery explosion in 2001.
Introduction:
The COMAH Regulations implement the Seveso II Directive except for the land-use planning requirements which are implemented by changes to planning legislation. They replaced the Control of Industrial Major Accident Hazards Regulations 1984 (CIMAH) and came into force on 1st April 1999. The Regulations are further amended from 30 June 2005 to reflect changes to Seveso II.
Who enforces COMAH?
The COMAH Regulations are enforced by the following designated authorities:
· In England and Wales - the Health & Safety Executive and the Environment Agency
· In Scotland - the Health & Safety Executive and the Scottish Environment Protection Agency.
Theses authorities operate to a Memorandum of Understanding which sets out the arrangements for joint working. The Regulations place duties on the authority to inspect activities subject to COMAH and prohibit the operation of an establishment if there is evidence that measures taken for prevention and mitigation of major accidents are seriously deficient. It also has to examine safety reports and inform operators about the conclusions of its examinations within a reasonable time period.
Who is affected?
Mainly the chemical industry, but also some storage activities, explosives and nuclear sites and other industries, where threshold quantities of dangerous substances identified in the Regulations are kept or used. The substances which cause the duties to apply are detailed in Schedule 1 of the Regulations as are the quantities which set the two thresholds for application. Operators of sites that hold larger quantities of dangerous substances ('top tier' sites) are subject to more onerous requirements than those of 'lower tier' sites