INSTITUTION OF OCCUATIONAL SAFETY AND HEALTH
Minute of the 118th Meeting of the Edinburgh Branch
Donaldson’s College for the Deaf, Edinburgh at 1330 on Thursday 12th October 2000
SEDERUNT
C E White R Lovering W M Burgoyne N Robertson J Owen A Davies I Wilson J Cowan L Young D Forfar R McLean J Conway D Sinclair R Wilson B Bertram D A Brown G McGeorge J Craig S Page B Pill R Walker H Jamieson D Devey J Smith M Johnstone C Black J Berry V Jigajinni J McCraith K L Lloyd
APOLOGIES
K Wilson I Murray M Bancroft J Toland B Howden R Reed
1.0 CHAIRMAN Brian Pill
The Chair was taken by B Pill. Welcome was extended to all, particularly new Members and Guests. The members were asked to stand for a moment of recollection of the sad loss of the First Minister – Donald Dewar.
The Chairman mentioned the need to wear security identification whilst at the college, reminded those present that the parking was to the front of the building and highlighted the fire precautions. The Sederunt was circulated for those wishing to claim CPD points.
2.0 MINUTESThe 117th Minute – September 2000 – was tabled. The Minute was proposed by R McAllen and seconded by J Cowan as a true and accurate record. There were no amendments required. Thanks were extended to Stevenson College who sponsored the posting – the enclosed flyer giving detail of some course detail. It should be noted that although the flyer mentioned there would be no examination this should read no external examinations.
3.0 MATTERS ARISINGThere were no matters discussed in this section
4.0 CORRESPONDENCE4.1 Letters
4.2 Fax & E-mail
4.3 Minutes - Fife Chamber of Safety. AGM
4.4 Membership - Ten New Member packs have been sent out recently. The Branch Membership is now 712 and rising.
There are 8 Specialist Groups and four have representatives at Branch level.
4.5 The Grange -
4.6 Adverts
4.7 Programs
Copies of all the above mentioned correspondence was made available for the Members present. Further information is available upon request from the Secretary.
6.0 BRANCH EDUCATION OFFICER L Young
7.0 SPECIALIST GROUPS
7.1 MAPS CO-ORDINATOR M Johnstone
7.2 CONSTRUCTION R McLean
7.3 ENVIRONMENT J Smith
7.4 HEALTH Watching brief by Executive
8.0 MEMBERS ITEMS
9.0 GUEST SPEAKER
COHMA (Control of Major Accident Hazards Regulations)
by Lin Bunten of SEPA
Lin was introduced by Jan Smith, as the COHMA Specialist from the East Region of SEPA (Scottish Environmental Protection Agency). Lin then stated that she has originally trained and qualified as a Chartered Chemical Engineer but had now been working for SEPA for some 18 months as their specialist dealing with the COHMA sites within the Eastern Region based out of Edinburgh. Her presentation was to include:
The need for COMHA
There are certain industrial activities, which involve defined dangerous substances, which have the potential to cause major incidents or accidents. Accidents which can cause very serious injury to a lot of people or notable damage to the environment. Originally these activities were controlled under the CIMAH Regulations (Control of Major Industrial Accident Hazards).
As is common in safety, major incidents such as Flixborough in 1974 and Seveso in 1976 led to the "Seveso Directive" and this in turn led to the CIMAH Regulations of 1984 in the UK. Later incidents such as Bhopal, Sandoz led to further requirements of the Seveso Directive, but the modifications became too complex in themselves such that "Seveso II" was spawned and has since been implemented in the UK by the COMAH Regulations.
Key points
SEPA and HSE jointly enforce the regulations in Scotland (it is the HSE & the EA = Environment Agency, in England & Wales). They are not so much interested in the routine releases to atmosphere etc, which are part of the process, but more the risks arising from the major accident release and the effects thereof.
It applies to a wide range of Industries – not just large chemical plants – and is applied at two levels, although it is only the top tier sites which have the arduous task of producing a Safety Report. This arduous nature is not just placed on the plant either; it is also an arduous task for the enforcers – SEPA – who are the recognised Competent Authority.
The Seveso II directive and hence the COMAH Regs places a much greater emphasis on effective Safety Management Systems than was the case from the original CIMAH Regs. It places specific duties onto the Competent Authority and accepts a generic approach to the risks involved but the detail has to be made available (within limits of confidentiality) and within the public domain.
Requirements on Operators of COMAH sites
The regulations place a requirement on the operators to "take all measures necessary to prevent major accidents and limit their consequences to persons and the environment" = Reg 4. – This being a General duty under the regulations qualified by ALL MEASURES NECESSARY means that if in the opinion of SEPA the controls are not adequate the operation or an element of it may be prohibited.
Operators of such sites have a duty to notify the Competent Authority of their activities, to prepare and implement a MAPP (Major Accident Prevention Policy) and naturally to notify any major accidents. Since the implementation of the regulations on 1/4/1999, SEPA have been checking as they visit sites, for the existence of the MAPP and its effective implementation.
The MAPP needs to be clear about the objectives, although the detail may often be found in a variety of other documents, such as emergency site plans, or operating manuals and the like. It should also be proportionate to the level of risk presented by the plant and its operation.
Top Tier sites have additional duties, which include – submitting a safety Report to the authority for assessment. Safety Reports originally prepared to meet the requirements of the much less stringent CIMAH regulations often fail to meet the necessary standards, as they have no demonstration of WHY the preventative actions are suitable. Top Tier sites are also required to prepare and tests emergency plans on a 3 yearly basis and to make information available to the public on their preventative and control methods.
SEPA as the Competent Authority also have duties placed on them – to assess the suitability of Safety Reports and indicate standards within a 12 month period; to inspect systems and programmes as defined and undertake investigation of accidents. Inspection of sites can be annual until such time as the level of risk is shown to be small, but in assessing how well/badly a plant is performing against the regulations it should be borne in mind that the regulations have a lot of "SHALL" requirements imbedded.
Application of COMAH
COMAH applies to all the industries which you would expect it to cover = Oil refineries; Oil terminals; Chemical plants etc. but it also has some novel inclusions such as – water treatment plants (due to the use of chlorine), whiskey warehouses, small petrol terminals and some timber treatment plants (arsenic pentoxide). There are also in the pipeline the chances that further inclusions will be made to substances which are classed as dangerous to the environment.
The inclusion (or exclusion) of a plant is often based on the quantity of a defined substance on site, where the "anticipated presence" which considers seasonal peaks could take the plant above the lower tier threshold. Substance considered may be in the "named" category or may be included within the generic categories which includes those dangerous to the environment and it includes those substances arising from the loss of control of an industrial chemical reactions where this can be foreseen from an accident.
Quantities of substance on site may be aggregated to assess which tier the plant falls in, but only like is aggregated with like = where q1/Q + q2/Q + q3/Q + …>1.
E.g. - 0.5 tonnes of phosgene (named substance)
8 tonnes of white phosphorous (generic category, very toxic)
Aggregating = 0.5/0.75 + 8/20 = 1.07 Therefore the site is top tier.
COMAH does not apply to – MOD sites, Ionising radiation, pipelines, goods in transit extraction industries or landfill sites - most of these are controlled under different sets of regulations.
In Scotland
Currently there are 183 site in Scotland of which 17 are Top Tier sites.
17 have submitted Safety Reports.
There are 53 sites notified in the East of Scotland region of which 25 are Top Tier sites.
Of these sites 9 Safety Reports have been lodged, but 8 of them require further work to make them acceptable.
SEPA and HSE have a Memorandum of Understanding, which sets out the roles and responsibilities based around the key theme "avoid placing unnecessary or conflicting requirements on industry". As such that they consult each other - being equal partners, prior to demanding action – unless of course it is an emergency circumstance, where the activity can be prohibited. New sites, which are likely to come under the regulations, have to go through Pre-construction and Pre-operational report reviews before being allowed to begin, which prevents quick set-up and operation of Top Tier sites without controls being in place.
Accidents
The definitions utilized are as follows: -
Major Accident
An occurrence (including in particular, a major emission, fire or explosion) resulting from uncontrolled developments in the course of operation of any establishment and leading to serious danger to human health or the environment, immediate or delayed, inside or outside the establishment and involving one or more dangerous substances.
Reportable Major accident (This would be reportable by the Competent Authority to the EU) – so far non have been reported by the UK to the EU in this category
Summary
There are some problems of definitions (e.g. what is "Serious Harm"? what is meant by "Immediate"?) but lots of the COMAH Regulations are quite specific, often defining the limits of what is allowable and what is not. Some Companies may attempt to stay beneath the Top Tier limit by restricting their activities, but this is not common, as most sites are either well into the upper limits or are well below it.
Public domain information is still a little restricted as the safety Reports are still being assessed but the details will become more easily attained over the next two or three years.
Reports on incidents are likely to be jointly prepared, following joint investigations by both SEPA
The Chairman voiced a Vote of Thanks and a small token of the Members appreciation was offered – the members responded warmly.
10.0 DATE OF NEXT MEETING
Members were reminded that the next meeting had been set at:
Thursday 09 November 2000 at 1330, Donaldson’s College, West Coates
With the topic being
Scottish Vocational Qualifications 3 and 4
Mr B Ure, Director of Training. JB Management
&
Members were also reminded that the first Proposed District meeting had been set at:
Thursday 09 November 2000 at 1900, Kinross High School
With the topic being
Forensic Science – The Scene of the Crime
Steve Sole, Lothian and Borders Police
11.0 CLOSURE
The Chairman thanked all for their attendance and contribution and bade them a safe journey homeward; then closed the meeting with the invitation to have tea and then mingle.
Christopher E White MBE FIOSH,RSP Brian A Pill FIOSH RSP
Branch Secretary Branch Chairman