13 July 2004 - New Consultation on Changes to the Control of Major Accident Hazards (COMAH) Regulations
The Health and Safety Commission (HSC) has published a new consultative document - Proposals for the Control of Major Accident Hazards (Amendment) Regulations to implement Directive 2003/105/EC on the control of major accident hazards involving dangerous substances. The Amending Directive (2003/105/EC) is also known as the Seveso II Directive.
Seveso II aims to prevent, or limit the consequences of, major accidents for people and environment near establishments that hold or use specific dangerous substances. The Amending Directive (2003/105/EC) takes into account recent industrial accidents and the results of research on carcinogens and substances dangerous to the environment, which was carried out on behalf of HSC.
The major accidents which the proposed new directive takes account of include:
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a spill of cyanide that entered the Tisza river in Baia Mare, Romania, in 2000 killing thousands of tones of fish after a damburst of a tailings pond at a gold mine
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a similar accident two years earlier in Aznacollar, Spain, when a damburst poisoned the environment in a national park
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a series of explosions at a fireworks factory in Enschede, Netherlands in 2000 that killed 20 people, injured almost 1000 more, and caused extensive damage to a large area around the factory
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an explosion involving granular ammonium nitrate at a chemicals complex in 2001 in Toulouse, France, in which 30 people died.
Bill Callaghan, Chair of the Health and Safety Commission commented:
"This is a balanced proportionate response to recent major incidents in Europe broadening the scope of the Directive and increasing the number of activities subject to this legislation."
The key features of the new changes are:
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a broadening of scope with respect to mining/quarrying
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a redefinition of ammonium-nitrate to cover lower percentage composition, and new classes covering self-sustaining decomposition and reject material
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new thresholds for potassium nitrate fertilisers
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seven new carcinogens are specified, and raised threshold limits for all carcinogens
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a new definition of automotive petrol to include diesel and kerosene, with thresholds that have been halved
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the redefinition of the classes for explosives
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lower qualifying thresholds for substances dangerous for the environment
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a change to the aggregation rule to be applied to all substances classified as toxic, dangerous for the environment, flammable and oxidizing
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administrative provisions for establishments newly covered by the Directive Regulations to have a period of time to comply.
The full text of the Consultation Document can be accessed by clicking here.
Comments on HSC's proposals should be sent to comah.consultation@hse.gsi.gov.uk no later than 1 October 2004.
Further information on COMAH can be found on the HSE web site by clicking here.
