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Health and Safety Executive

CD266– Consultation on draft COMAH Regulations 2015 to implement the Seveso III Directive 2012/18/EU on the control of major-accident hazards involving dangerous substances, repealing Council Directive 96/82/EC

Reply Form

Completing this Questionnaire

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Respondent’s details:

Name:
Email:
Town / City:
Telephone:
Job Title:
Postcode:
Street address:
Organisation:
Fax:
Size of organisation:
Choose one option:
Not applicable / 1 to 9 employees
10 to 49 employees / 50 to 249 employees
250 to 1000 employees / 1000+ employees
Self-employed

#

Type of organisation:
Choose one option:
Academic / Charity
Consultancy / Industry
Local government / Member of the public
National government / Non-departmental public body
Non-governmental organisation / Pressure group
Trade association / Trade union
If you chose ‘Other’ please specify:

Is your response being made in your capacity as:

Choose one option:

An employer / An employee
Health and safety professional / Trade union official
Training provider

Other – please specify:

Confidentiality

Please indicate below if you do not wish details of your comments to be available to the public. (NB if you do not put a cross in the box they will be made available to the public. This takes precedence over any automatic notes on e-mails that indicate that the contents are confidential.)

Questions

Q1. (a) Does your site already use the CLP classification system?

Yes
No

Q1. (b) If yes, please provide details of how you use both CHIP and CLP classification systems at the same time.

Q2. How are you planning to comply with this part of the legislation? What would help you? What problems, if any, do you anticipate? You might like to comment on expertise, time, project management, internal and external issues.

Q3. (a) Will the changes in CLP lead to your site moving tier, or moving in or out of COMAH?

Yes
No

Q3. (b) If yes, please provide details/ reasons for the move

Notifications

Q4. (a) Do you agree with the proposal that notifications should be completed electronically for all establishments that come under the scope of the new regulations?

Yes
No

Q4.(b) If no, why not? Can you suggest any alternatives?

Public Information

Q5. (a) Do you have any comments or observations about making information permanently electronically available?

Yes
No

Q5. (b) If yes, is this for: commercial confidentiality or national security reasons?

Commercial confidentiality
National security reasons

For each please outline:

  1. Your comments/observations

2.If you have discussed these issues, who you have discussed them with

3.What you plan to do about them

Q5. (c) Please explain a bit more about the reasons for your concerns.

Q6. (a) If you are an UT site do you currently receive additional requests for information from members of the public?

Yes
No

Q6.(b) If yes:

1.What sort of requests?

2.How often do you receive them?

3.How do you deal with them?

Q7. (a) Have you ever requested additional information from a major hazard site operator?

Yes
No

Q7. (b) If yes, did you receive the information you requested?

Yes
No

Secure CA Hosted Platform for Public Information

Q8. (a) Do you agree with the proposal to host an IT platform on HSE’s website?

Yes
No

Q8. (b) If no, why not?

Q9. (a) Do you agree that the IT Platform for public information should be searchable by postcode or by another geographical limiting means?

Yes
No

Q9. (b) If no, why not? Can you suggest an alternative?

Q10. (a) Would you use this site?

Yes
No

Q10. (b) If no, why not?

Q10. (c) If yes, what would you use it for?

Q11. (a) Will you find the public information in Regulation 16 (1) and (2) useful?

Yes
No

Q11. (b) If no, why not?

Q11. (c) What will you do with the information?

Q12. (a) Can you think of a situation where you would need more information than this?

Yes
No

Q12. (b)If yes, what information would you need? What would you use it for?

Site Public information – Exemplar Template

Q13. (a) Do you support the fact that we will not make a separate provision in the COMAH Regulations 2015 for a Non-Technical Summary (NTS) of the safety report?

Yes
No

Q13. (b)If no, please provide details.

Q14. (a) Do you agree that the information as set out in Annex 3 meets the requirements of Regulation 16 of the COMAH Regulations 2015?

Yes
No

Q14. (b)If no, please explain which parts of Annex 3 do not meet the requirements of Regulation 16.

Q15. (a) Do you anticipate any problems with this approach?

Yes
No
Not applicable

Q15. (b)If yes, please provide details.

Q16. (a) Do you agree with the proposal that upper tier operators should be required to complete both pre-construction and pre-operation safety reports?

Yes
No
Not applicable

Q16. (b)If no, why not? Can you suggest any alternatives?

Updating safety reports

Q17. (a) Do you anticipate any issues with reviewing and updating your safety report?

Yes
No
Not applicable

Q17. (b)If yes, what are the issues?

Q18. Do you envisage needing to change your safety report to include information in addition to the CLP changes?

Yes
No
Not applicable

Q19. (a) Do you already provide the information in Schedule 3 of the draft regulations in your safety report?

Yes
No
Not applicable

Q19. (b)If yes, please indicate what you already provide.

Emergency Plans

Q20.What plans do you have in place in case of an emergency on site? Please summarise these, paying particular attention to whether they cover off-site issues.

Q21. (a) Do you communicate with the public about your emergency plans?

Yes
No

Q21. (b)If yes, please provide details (frequency, method of communication, type of information etc)

Q22. (a) Should Cat 1 responders be required in law to co-operate with the testing of external emergency plans for UT sites?

Yes
No
Unsure

Q22. (b)Please provide reasons for your answer

Q23. (a) Should the current timescales for the preparation of external emergency plans be kept?

Strongly agree
Agree,
Not sure
Disagree
Strongly disagree

Q23. (b)Please give reasons for your answer

Q24. (a) If you agree that the current timescales should be kept, do you envisage any difficulties based on your previous experience?

Yes
No
Not applicable

Q24. (b) If yes, please explain.

Q25. Will having an extra year to produce an internal emergency plan make a difference?

Yes
No
Not applicable

Other Impacts

Q26. Do you anticipate that this change of definition will bring you into the COMAH Regulations 2015?

Yes
No

Q27. (a) If you are currently a COMAH operator will this change of definition affect your COMAH status?

Yes
No

Q27. (b)Please give reasons for your answer

Definition of Establishment

Q28. (a) Is it clear which type of establishment your site will fall into?

Yes
No

Q28. (b)Please give reasons for your answer including what further clarification may help

Domino sites and sharing information with neighbouring sites

Q29. Are you currently in a domino group?

Yes
No
Unsure

Q30. (a) Do you currently inform neighbouring sites and share suitable information with neighbouring non-COMAH sites?

Yes
No

Q30. (b)If yes, what sort of information and how often? Is it different from the PIZ information? Please provide details.

Q31. (a) Do you envisage any problems caused by the requirement to co-operate with other members of your domino group in providing neighbouring non-COMAH sites with information?

Yes
No

Q31. (b)If yes, please provide details.

Q32. (a) What information do you currently consider about non-COMAH neighbouring sites when developing major accident scenarios or what information would you need to do so?

Q33. (a) Do you agree with the proposal to retain the requirement in the COMAH Regulations 2015 that operators must consult the local authority when producing information to be sent to people who could be affected by a major accident?

Yes
No

Q33. (b)If no, please indicate why not.

Pipelines

Q34. (a) Do you anticipate that this change will affect your COMAH status?

Yes
No

Q34. (b) Do you have any further comments about this?

What is the likely impact of the proposed COMAH Regulations 2015?

Q35. (a) Do you agree with the analysis in the Impact Assessment (Annex 2)?

Yes
No

Q35. (b)If no, please provide information about what data (or data sources) would be better.

Q36. (a) Do you agree with the estimatedpercentages of UT sites who will need to update their safety report?

Yes
No

Q36. (b)If no, please explain why not.

Q37. (a) Do you agree with the estimated time it will take to perform a full safety report update?

Yes
No

Q37. (b)If no, please explain.

The Layout of the COMAH Regulations 2015

Q38. (a) Do you agree with the proposed structure of the COMAH Regulations 2015?

Yes
No

Q38. (b)If no, why not?

Question 39

Are there any further comments you would like to make on the issues raised in this consultation document, including the illustrative draft regulations?

Please send your response by 27 June2014 to:

Karen Tollet
Health and Safety Executive
5S2 Redgrave Court
Merton Road
Bootle
Merseyside
L20 7HS

Email:

Thank you for taking the time to complete this questionnaire

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