The Nimrod Review - Official Documents

21.33
Chapter 21 – New Military Airworthiness Regime
(C) the provision of such information, instruction, training and supervision as is necessary
to ensure, so far as is reasonably practicable, the health and safety at work of his
employees;
(D) so far as is reasonably practicable as regards any place of work under the employer’s
control, the maintenance of it in a condition that is safe and without risks to health and
the provision and maintenance of means of access to and egress from it that are safe and
without such risks;
(E) the provision and maintenance of a working environment for his employees that is,
so far as is reasonably practicable, safe, without risks to health, and adequate as regards
facilities and arrangements for their welfare at work.
Sub-section 2(3) of H&SWA imposes a duty on employers:
“(3).....to prepare and as often as may be appropriate revise a written statement of his
general policy with respect to the health and safety at work of his employees and the
organisation and arrangements for the time being in force for carrying out that policy, and
to bring the statement and any revision of it to the notice of all of his employees.”
21.34 The standard of care which the H&SWA requires is, therefore, to ensure health and safety “so far as is
reasonably practicable” (SFAIRP). The Health & Safety Executive regard SFAIRP as the same test as the duty to
reduce risks to “as low as reasonably practical” (ALARP).
COMAH Regulations
21.35
29 The Control of Major Accident Hazards Regulations 1999 (COMAH Regulations) impose statutory duties
on operators with regard to “major accidents”. An “operator” is defined by the COMAH Regulations as
“a person who is in control of the operation of an establishment or installation”. 30 For the purpose of the
COMAH Regulations, the reference to “control” by a person means “control in the course of a trade or
business or other undertaking carried on by him”. 31 In Airworthiness, “control” bears its ordinary meaning.
21.36 The COMAH Regulations define “major accidents” as “an occurrence (including in particular, a major emission,
fire or explosion) resulting from uncontrolled developments in the course of the 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”. 32 Paragraph 4 imposes a general duty
on every operator to “take all measures necessary to prevent major accidents and limit their consequences
to persons and the environment.” Paragraph 5 imposes a duty on operators to prepare a “major accident
prevention policy document” which is designed “to guarantee a high level of protection for persons and
the environment by appropriate means, structures and management systems” and must demonstrate the
operator has a “safety management system” which takes account of the following principles:
“2. The major accident prevention policy should be established in writing and should
include the operator’s overall aims and principles of action with respect to the control of
major accident hazards.
3. The safety management system should include the part of the general management
system which includes the organisational structure, responsibilities, practices, procedures,
processes and resources for determining and implementing the major accident prevention
policy.” 33
29 The Control of Major Accident Hazards Regulations 1999 (SI 1999 No. 743).
30 COMAH Regulations, paragraph 2(2).
31 Ibid.
32 Ibid.
33 COMAH Regulations, Schedule 2.
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