Awake from the COMAH

Although not radically different to the CIMAH (control of industrial major accident hazards) regulations which they now replace, the new COMAH (control of major accident hazards) regulations being introduced this month apply to a range of industries not previously considered hazardous and therefore not covered by CIMAH.

In addition to broadening the range of regulated industries, COMAH also now requires operators to make reports and information available to members of the public. Operators must therefore consider how the new regulations will affect them and what their response will be to ensure compliance.

So, who will be affected by COMAH? The regulations apply to establishments where dangerous substances are present above trigger levels set out in the EU Directive 96/82/EC, the so-called Seveso II directive. Annex 1 of the Directive defines the kind and quantities of dangerous substances that qualify for regulation under COMAH. Operators must therefore undertake an inventory to identify such substances and how much are used. Where the regulations are found to apply, there is a general obligation on the operator to ensure that he takes all measures necessary to prevent major accidents and to limit their consequences for man and the environment.

Operators are also required to produce a safety report for the purposes of demonstrating that:

* a major accident prevention policy and safety management system is adequate;

* major accident hazards have been identified and necessary measures taken to prevent such accidents and limit their consequences;

* plant has been adequately designed, constructed, operated and maintained;

* information is supplied to enable the external plan to be drawn up;

* information is provided to the competent authorities (the HSE and Environment Agency) to enable decisions to be made in terms of the siting of new activities.

For new establishments this safety report will be in two stages: the first, submitted prior to construction, will include information on dangerous substance, processes and, as far as possible, information on preventative measures; the second stage, submitted prior to operation, will update the previous information.

Operators of existing establishments must submit their first COMAH report on the date that their CIMAH update would have been due, or by 3 February 2001, whichever comes first.

The safety report is thereafter reviewed periodically and updated at least every five years or at any other time where justified by new facts.

In addition to the safety report, operators are required to draw up an internal emergency plan for measures to be taken inside the establishment, with the objective of:

* containing and controlling incidents to minimise the effects and limit damage to the environment and property;

* implementing measures necessary to protect man and the environment from the effects of a major accident;

* communicating to the public;

* providing restoration and clean-up following a major accident.

In addition to the operators' requirements to provide an emergency plan, there is also a requirement for the Local Authority to prepare an off-site emergency plan. Both the on-site and off-site plans will need to be reviewed, tested and, where necessary, revised and updated at intervals of no longer than three years. The Local Authority can charge the operator a fee for the preparation of the off-site plan.

Within a reasonable period of the off-site emergency plan being prepared, information on safety measures must be made available to the public, unless the information is personal, commercially confidential or might otherwise jeopardise public security or national defence.

It should include an explanation in simple terms of the activity or activities undertaken at the site; details of the dangerous substances stored or used in the process; information on the potential effects on the population of a major accident; information on how the population will be warned in the event of a major accident; what the population should do in the event of an accident; and reference to the off-site emergency plan with details of arrangements with the emergency services.

This presents the operator with a major public relations exercise, which will require very careful thought and preparation, but which must nevertheless be reported every five years. In undertaking this task, the assistance of the competent authorities and Local Authorities will be needed in checking for sensitive locations such as schools, hospitals or other sites where mobility might be a problem, and environmentally sensitive sites, areas visited by the public and so on. The help of Local Authorities should be used in distributing information and, where appropriate, identifying any ethnic groups who will need the information translated.

Failure to comply with the COMAH regulations can be very serious. Where a competent authority considers the measures taken by the operator for the prevention and mitigation of accidents are seriously deficient, or the operator has not submitted reports or other information, it can prohibit the use of the establishment. Industry therefore needs to make preparations and consider how to achieve compliance and quickly. PE