Control of Major Accident Hazards Involving Dangerous Substances

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The application of the Regulations has been extended as per Directive 2003/105/EC to cover – - chemical and thermal processing operations and storage related to operations associated with the exploitation of minerals, - operational tailings disposal facilities, including tailing ponds or dams, containing dangerous substances as defined in Schedule 1, in particular when used in connection with the chemical and thermal processing of minerals. The non-application of the Regulations to offshore exploration has been made more explicit. The timeframe (3 months) for the preparation of the major accident prevention policy document (MAPP) by new establishments has been incorporated as per the Directive. Operators of existing establishments must, where necessary, amend their MAPP document within 3 months of the commencement of the Regulations. The scope of the safety management system to be addressed under the MAPP has been extended as per the Directive to include the role of subcontracted personnel and their training, including preparation for emergencies. Operators of new establishments must send Notifications to the Central Competent Authority (Health and Safety Authority) within 3 months of the commencement of the Regulations, as per the Directive. Operators of existing establishments must, where necessary, amend their Notifications within one month of the commencement of the Regulations. The content of Safety Reports with regard to the assessment of the extent and severity of the consequences of identified major accidents has been further detailed as per the Directive to include maps, images or, as appropriate, equivalent descriptions, showing areas which are liable to be affected by such accidents. Safety Reports will contain the names of the relevant organisations involved in the drawing up of the report, as required by the Directive. Operators of establishments which subsequently fall within the scope of the Directive will have one year to submit a Safety Report (as per the Directive) and, where necessary, operators of existing establishments will have 6 months, or longer as may be agreed with the HSA, to amend their reports, Operators of establishments which subsequently fall within the scope of the Directive will have 6 months to prepare an internal emergency plan. Operators of existing establishments shall, where necessary, amend their internal emergency plans within one month of the new regulations coming into force. 98
The Central Competent Authority may consult as appropriate with the Environmental Protection Agency on the information contained in a safety report that is relevant to the possible risks of environmental pollution from a major accident. Under the Regulations, the Central Competent Authority does not have to rely solely on information from notifications/Safety Reports to determine the presence of a group of establishments where there is likely to be a “domino effect” The scale of charges applicable under Regulation 46 is that specified from time to time by the relevant Minister. 99
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STATUTORY INSTRUMENTS S.I. No. 74 o
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Enforcement and Regulation 26. Func
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European Communities (Control of Ma
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and present as a raw material, prod
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(c) jetties, warehouses or similar
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"presence of dangerous substances"
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dangerous substance is present in a
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for Transport, a designation of a p
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Major Accident Hazards Demonstratio
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(b) take account in the manner outl
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(a) any significant increase in the
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paragraphs (1) and (2) a written sa
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(d) where justified by new facts or
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and the Authority shall consider an
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leading to a serious danger within
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supplying information to the compet
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and any such review shall take into
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(b) The operator of an existing est
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(11) Where the Central Competent Au
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(ii) the person to whom the notice
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Major Accidents Scene of major acci
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Examination and tests of plant, pro
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Special reports on major accidents
Page 47 and 48: (b) by summons signed by a member o
Page 49 and 50: Schedule 7) or of the type specifie
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Page 67 and 68: (f) wilfully makes a false entry in
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Page 71 and 72: Schedule 1 Regulations 3(1) and (3)
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Page 77 and 78: PART 2 Categories of substances and
Page 79 and 80: For the purposes of this Directive,
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Page 85 and 86: Schedule 3 Regulation 11(1) INFORMA
Page 87 and 88: PART 2 DATA AND INFORMATION IN A SA
Page 89 and 90: Schedule 5 EMERGENCY PLANS Regulati
Page 91 and 92: Schedule 6 PUBLIC COMMUNICATION Reg
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Page 95 and 96: Schedule 9 Regulation 12(8) Annex t
Page 97: EXPLANATORY NOTE (This note is not
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Control of Major Accident Hazards Involving Dangerous Substances

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