If you store or handle fuel or hazardous chemicals at your site you will need to ensure that you do so in accordance with the relevant legislation.

Storage of Oil

If you store any sort of fuel (oil, petrol or diesel) at your operating centre you will need to make sure that the container(s) in which it is stored comply with the general requirements of the Control of Pollution (Oil Storage) Regulations 2001. If you store oil in any container (fixed or mobile) which is not situated in a building or underground and which has a capacity of more than 200 litres you must ensure:

that the container is of sufficient strength and structural integrity for ordinary use;

the container and any ancillary equipment is situated within a secondary containment system which has sufficient capacity to contain 110 percent of the containers’ volume (slightly different requirements apply if there is more than one tank in the secondary containment system) and is constructed so as to be impermeable to water and oil;

it is positioned so far as possible to try and reduce the risk of any damage by impact;

the base and walls of the secondary containment system are not penetrated by any valve, pipe or other opening which is used for draining the system;

where the fill pipe is not located within a secondary containment system a drip tray must be used to catch any oil spilt during filling.

There are additional requirements in relation to those containers which are connected to fixed pipe works. These include:

sight gauges must be properly supported and fitted with a valve which must be closed automatically when not in use;

any fill pipe, draw off pipe or overflow pipe must be positioned to minimise any risk of damage by impact so far as is reasonably practicable. If this is not possible other steps must be taken to try and reduce the risk of damage;

if the filling operation is not easy to observe the tank must be fitted with an automatic overfill prevention device.

Oil Pollution is a very visible and potent form of pollution and these regulations are aimed at reducing the risk of pollution from the poorly maintained storage facilities. It is a criminal offence to fail to comply with the requirements set out in the regulations which could be subject to a maximum fine of £5,000 in the magistrates court or an unlimited fine if the matter was heard in the Crown Court.

There is also a further risk of prosecution if any substance under your control escapes and pollutes a watercourse. Under section 85 of the Water Resources Act 1991 it is an offence to cause, or knowingly permit, any poisonous, noxious or polluting matter or any solid waste matter to enter any controlled waters. This is a strict liability offence which means that you could still be prosecuted even if the escape was an accident and unintentional.

Storage of Hazardous Chemicals

If you are storing hazardous chemicals at your operating centre you must comply with The Control of Substances Hazardous to Health Regulations 2002 which requires employers to control exposure to hazardous substances to employers and non employees who may be exposed. This is in addition to the general duties imposed on an employer in relation to their employees by the Health and Safety at Work etc Act 1974 and the Management of Health and Safety at Work Regulations 1999.

Substances which are classified as hazardous to health under COSHH include:

substances directly used in work activities such as paints, adhesives, cleaning agents. Such substances, or mixtures of substances, are often classified as dangerous to health under the Chemical (Hazard Information and Packaging for Supply) Regulations 2002 and will be clearly identified with a warning label;

substances generated during work activities, such as fumes;

naturally occurring substances eg grain dust;

biological agents, such as bacteria and other micro organisms;

Any other substance which creates a risk to health but which for technical reasons may not be covered by CHIP.

To comply with COSSH you must:

carry out an assessment of the potential risks to health from hazardous substances used in, or created by, your workplace activities;

identify and implement the precautions required to reduce those risks;

prevent, or where this is not reasonably practicable, adequately control exposure to hazardous substances;

ensure that control measures are implemented;

monitor exposure if necessary;

carry out appropriate health surveillance where your assessment has shown this is necessary, or where COSHH sets specific requirements;

prepare plans and procedures to deal with accidents, incidents and emergencies involving hazardous substances;

ensure that employees are properly informed, trained and supervised.

The Control of Major Accident Hazards Regulations 1999 (COMAH)

If you handle, produce, use, store or introduce any of the ‘dangerous substances’ listed in the COMAH Regulations, in quantities equal to or exceeding the threshold specified (either individually or aggregated) at your operating centre you will need to comply with this legislation. In practice COMAH applies mainly to large industrial facilities industry but will also apply to your operating centre if you are keeping or using dangerous substances in excess of the thresholds identified.

‘Dangerous Substances’ include a number of named substances and substances falling into certain categories such as toxic; oxidising; explosive and flammable. The named substances include: ammonium nitrate; oxygen; hydrogen; formaldehyde; halogens; and petroleum products.

Where COMAH applies operators are required to take all measures necessary to prevent major accidents and limit their consequences to persons and the environment. This involves:

preparing and implementing a Major Accident Prevention Policy Document (MAPP) setting out your policy on the prevention of major accidents;

preparing an on-site emergency plan, which must be reviewed and tested at least every three years;

providing adequate information to the public who may be affected by a major accident at your site;

notifying the regulators, the Environment Agency (EA) and the Health and Safety Executive (HSE), prior to the construction of a site to which COMAH will apply. You will be required to provide details of the site, the site management, the dangerous substance(s) present, the quantities involved, the activity or proposed activities to be carried out on site and details of the immediate environment likely to cause or aggravate a major accident;

submitting a safety report to the regulators prior to the start of construction or operation setting out the MAPP and the safety management system in place to implementing the MAPP.

A failure to comply with any requirement imposed by COSSH or COMAH is an offence under the Health and Safety at Work etc Act 1974 which could be subject to a potential maximum fine of £20,000 in the Magistrates Court or an unlimited fine in the Crown Court. l

Matthew Shaw is a Solicitor at DLA Piper UK LLP