The benefits of involving employees in health and safety
The benefits of involving employees in health and safety
Benefits of involving your employees in managing health and safety include gaining more information about risks and staff taking ownership of safety.
Your employees influence health and safety through their own actions. They are often the best people to understand the risks in their workplace.
Talking, listening and co-operating can help to achieve benefits. Health and safety representatives can help you with workforce consultation arrangements.
Benefit from better worker involvement
Workplaces where employees play an active part in health and safety have lower accident rates. Collaboration with your employees helps you to manage health and safety in a practical way by:
- helping you spot workplace risks
- making sure health and safety controls are practical
- increasing the level of commitment to working in a safe and healthy way
In many cases this also leads to increased productivity, efficiency and quality.
Consulting with employees about health and safety lets them know you take their wellbeing seriously.
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Consulting your staff on health and safety: the law
Rules on consulting with your employees on health and safety, the regulations involved, how these may apply to you and where you can find further guidance.
There are two main sets of regulations concerning your duty to consult your workforce on health and safety:
- the Health and Safety (Consultation with Employees) Regulations (Northern Ireland) 1996
- the Safety Representatives and Safety Committees Regulations (Northern Ireland) 1979
These regulations will apply to most workplaces.
The Health and Safety Executive (HSE) has developed easy-to-use and how they may affect yourself and your workforce.
A workplace employee who can represent the views of their colleagues is a great way of involving your entire workforce in matters concerning their health and safety.
You may only have to consult under one set of regulations, or it may be both depending on circumstances.
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How to consult with your workers on health and safety
Practical ideas and hints on how to consult with your workers on health and safety and how different approaches will work in different work environments.
Consultation involves you not only giving information to your employees but also listening to them and taking account of what they say before making any health and safety decisions.
You can either consult with your employees about health and safety directly, or through a health and safety representative. If you recognise a trade union, it may appoint a health and safety representative. Your workers can also elect a health and safety representative.
The Health and Safety Executive (HSE) provide .
What must I consult about?
You must consult with employees or their representatives about the following:
- any new measures that could affect their health and safety at work, eg equipment, technology or processes
- arrangements for getting competent people to help them comply with health and safety laws - see appoint a competent person for health and safety
- workplace risks and measures to reduce them – see health and safety risk assessment
- health and safety training
What information should I make available to my employees?
You must give your employees, or their representatives, the information necessary to allow them to participate fully and effectively in the consultation. Information should include:
- any workplace risks
- the measures to control these risks
- what they should do if they are exposed to a risk, including emergency procedures
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How to consult with your workers on health and safety
The benefits of involving employees in health and safety
Benefits of involving your employees in managing health and safety include gaining more information about risks and staff taking ownership of safety.
Your employees influence health and safety through their own actions. They are often the best people to understand the risks in their workplace.
Talking, listening and co-operating can help to achieve benefits. Health and safety representatives can help you with workforce consultation arrangements.
Benefit from better worker involvement
Workplaces where employees play an active part in health and safety have lower accident rates. Collaboration with your employees helps you to manage health and safety in a practical way by:
- helping you spot workplace risks
- making sure health and safety controls are practical
- increasing the level of commitment to working in a safe and healthy way
In many cases this also leads to increased productivity, efficiency and quality.
Consulting with employees about health and safety lets them know you take their wellbeing seriously.
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Consulting your staff on health and safety: the law
Rules on consulting with your employees on health and safety, the regulations involved, how these may apply to you and where you can find further guidance.
There are two main sets of regulations concerning your duty to consult your workforce on health and safety:
- the Health and Safety (Consultation with Employees) Regulations (Northern Ireland) 1996
- the Safety Representatives and Safety Committees Regulations (Northern Ireland) 1979
These regulations will apply to most workplaces.
The Health and Safety Executive (HSE) has developed easy-to-use and how they may affect yourself and your workforce.
A workplace employee who can represent the views of their colleagues is a great way of involving your entire workforce in matters concerning their health and safety.
You may only have to consult under one set of regulations, or it may be both depending on circumstances.
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How to consult with your workers on health and safety
Practical ideas and hints on how to consult with your workers on health and safety and how different approaches will work in different work environments.
Consultation involves you not only giving information to your employees but also listening to them and taking account of what they say before making any health and safety decisions.
You can either consult with your employees about health and safety directly, or through a health and safety representative. If you recognise a trade union, it may appoint a health and safety representative. Your workers can also elect a health and safety representative.
The Health and Safety Executive (HSE) provide .
What must I consult about?
You must consult with employees or their representatives about the following:
- any new measures that could affect their health and safety at work, eg equipment, technology or processes
- arrangements for getting competent people to help them comply with health and safety laws - see appoint a competent person for health and safety
- workplace risks and measures to reduce them – see health and safety risk assessment
- health and safety training
What information should I make available to my employees?
You must give your employees, or their representatives, the information necessary to allow them to participate fully and effectively in the consultation. Information should include:
- any workplace risks
- the measures to control these risks
- what they should do if they are exposed to a risk, including emergency procedures
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Control and review your health and safety management systems
In this guide:
Health and safety management standards
What management systems are and key health and safety standards from the British Standards Institution (BSI), including BS OHSAS 18001, 18002 and BS 45002-0:2018.
Dealing with all the challenges facing your business can be complex and time-consuming. When you're under pressure, it's all too easy to look for a quick fix rather than the best solution or to overlook key health and safety issues.
Having a health and safety management system in place helps you take control. It sets out how to handle key activities, so that everyone knows the right way of doing things. It also lets you apply a consistent, structured approach to tasks and see what's working well, and where you could make improvements.
Your health and safety management system could take the form of:
- a recognised national or international standard
- a sector-specific framework
- in-house standards, procedures or codes
Key management standards
Two organisations produce a range of management standards:
- the British Standards Institution (BSI)
- the International Organization for Standardization (ISO)
The standards bring together the experience of business managers and other experts of what works best. Using one of these recognised management standards can be more effective than designing your own system from scratch.
The standards don't tell you exactly what you should do. Instead, they provide a framework for developing your system. They help you identify the key issues, but are flexible enough to allow you to produce a system that's right for your individual business.
The following standards from the BSI show you how to design and run a safety management system:
The Healthy and Safety Executive's standard, , shows its approach to managing health and safety.
There are also sector-specific frameworks such as the .
You may choose to be assessed against health and safety management standards by either an internal or an external auditor. Successful assessment lets you publicise the fact that you have an effective management system. See control and review your management systems.
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Benefits of health and safety management systems
Management systems help control risk, reduce costs and improve your reputation, other benefits include increased morale and possible lower insurance premiums.
Taking a systematic approach to management makes managing your business easier. It can also make your management more effective. You work out the best way to handle each key activity and make sure that everyone uses the same approach every time.
A consistent approach like this reduces the number of mistakes and the cost of correcting problems. It also reduces the level of risk and ensures that you comply with laws. This can positively influence your business:
- Improved health and safety performance by your business. This reduces the costs associated with accidents and incidents.
- Improved awareness of legal requirements reduces the chance that you will commit any offences. The Health and Safety Executive for Northern Ireland (HSENI) may regulate your business with a lighter touch if it is well managed.
- If employees see that you are actively looking after their health and safety, relations and morale will improve.
- The public see that you are taking a responsible attitude towards your employees. This improves your image and helps generate positive PR for your business.
- Improving the efficiency of your business reduces your costs.
- You can demonstrate to your insurers that you are controlling risk effectively. This may help lower your insurance premiums.
- Banks and investors will be more willing to finance your business if you can show that it is well managed.
- Business partners have more confidence in your business. Larger companies and government agencies may only buy from businesses that can show effective management systems.
Confidence in your management systems will be highest if you can show that you comply with recognised management standards, such as .
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Using health and safety management systems
Introducing and continually improving your management system through planning, implementing procedures, setting targets and making improvements.
Management systems generally follow a 'plan-do-check-act' model:
- Plan - identify the key legal requirements and establish your overall policy. See key health and safety management legal obligations.
- Do - decide what procedures you need and implement them.
- Check - set targets and objectives, and assess whether you are achieving them. See control and review your management systems.
- Act - take steps to continually improve the system. For example, you might want to update procedures if you introduce new equipment or processes. You may decide to provide better training if you have problems in a particular area.
In the short term, introducing a new management system involves extra work and costs time and money. Employees may find it difficult to see what's in it for them, and resist the changes involved. Top-level management commitment is key. Effective communication with employees is also a vital part of making it happen.
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Key health and safety management legal obligations
Staying up to date with your legal responsibilities for health and safety to protect staff, customers and visitors, have liability insurance and have a policy.
You have a legal responsibility for the health and safety of everyone affected by your business. This includes:
- employees
- subcontractors
- visitors
- customers
- members of the public affected by your products or services.
You are also responsible for the environmental impact of your business.
Carrying out risk assessments is a key part of controlling health and safety and environmental hazards. See health and safety risk assessment and carry out an environmental review of your business.
An effective health and safety management system can help you to meet these and other legal obligations. For more detailed information on key requirements, read health and safety basics for business.
Health and safety policy
You must also have a health and safety policy. If your business has five or more employees, the policy must be in writing. See write a health and safety policy for your business.
Your policy should cover three key areas:
- your commitment to managing health and safety and what you want to achieve
- how you organise management and who is responsible for doing what
- practical arrangements, such as safety procedures and staff training
The policy itself should include details of how you will achieve your aims. For example, your policy might include a commitment to reduce accidents and practical steps to help with this.
You also need to ensure that employees understand the policy and follow the right procedures. See provide health and safety training.
Liability insurance
An effective health and safety management system can help you to meet these and other legal obligations. For more detailed information on key requirements, read health and safety basics for business.
If you have employees, you must also have employers' liability insurance worth at least £5 million. This is so you can meet the cost of damages and legal fees should any employee be injured or made ill as a result of working for you. However, you should look carefully at your risks and liabilities. Consider whether you need insurance cover of more than £5 million. In practice, most insurers offer cover of at least £10 million. Public liability insurance covers you for similar costs as a result of a claim from a member of the public. To find out more about insurance for your business, browse insurance for business property.
Keeping informed
As part of an effective health and safety management system, you should identify and comply with the laws that affect your business. There may be special rules for your business - for example, if you work with potentially dangerous substances.
You also need to be able to keep up to date with any changes in legislation. Your trade association may publish updates or you may want to take advice. The Health & Safety Executive for Northern Ireland (HSENI) provide information on .
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Control and review your health and safety management systems
Keeping records and driving continual improvement of health and safety management through setting targets, regular reviews and audits.
Proper documentation is an important part of controlling your management system.
As a minimum, you must meet your legal obligations for record keeping:
- You must record and report fatal and major injuries, diseases and dangerous occurrences. You must also report over-three-day absences that are work related. See first aid, accidents and ill-health in the workplace.
- If you employ five or more people, you must keep written records of your health and safety risk assessments. See health and safety risk assessment.
- If you employ five or more people, you must also have a written health and safety policy. See write a health and safety policy for your business.
But keeping records isn't just about complying with the law. It's a key part of helping you manage your business. By writing down policies and procedures, you make it clear how things should be done.
Set health and safety targets
Monitoring how well your procedures work is also an essential part of effective management. Your management system should include targets and objectives that are SMART:
- specific
- measurable
- achievable
- realistic
- time-bound
For example, your targets could include halving the number of accidents within two years.
If you aren't achieving your objectives and targets, you need to change the way you do things. For example, keep having slips or trips in the same area, you'll need to either:
- review the flooring
- change your premises so people don't need to walk in that area
See measure performance and set targets.
Improving health and safety management
You should also review your management system itself to check that the system is working and to consider how you can improve it. For example, you should check that risks are being properly controlled. You should also check you are following the right procedures when you find problems. Regular audits like this confirm that the management system is working the way you want it to. This helps you to manage health and safety effectively.
You may find external audits of your system helpful. You will need these if you are working towards a recognised management standard. See health and safety management standards.
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Agency workers and health and safety information and training
In this guide:
- Agency workers' health and safety
- Who is responsible for agency workers' health and safety?
- Health and safety risk assessment for agency workers
- Co-operate to protect agency workers' health and safety
- Agency workers and health and safety information and training
- Provide agency workers with personal protective equipment
- Monitor agency workers' health and safety
Who is responsible for agency workers' health and safety?
User businesses and agencies share responsibility for agency workers' health and safety, duties depend on who the employer is and what the contract states.
When a business uses agency workers, the business and the agency have a shared duty to protect the health and safety of the agency workers.
Some health and safety duties depend on whether you are the employer. This is determined by the circumstances of each individual case. You should be aware that agency workers could be considered your employees for health and safety purposes even if they are not for the purposes of tax and National Insurance.
Agency workers might be employees of the agency, or employees of the business using them (in both cases, under a contract of employment), or (occasionally) self-employed/freelance. If you are the employer, you cannot transfer your health and safety responsibilities to another person or business.
It's vital for both the user business and the agency to agree at the start of a contract the practical arrangements for:
- day-to-day supervision
- direction and control of the work that agency workers will be doing
The Health and Safety Executive provide guidance on .
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Health and safety risk assessment for agency workers
Employers and agencies must include agency workers in risk assessments and both have certain responsibilities for carrying these risk assessments out.
By law, businesses must ensure that they assess health and safety risks.
Businesses using agency workers
If agency workers are on your site (either under your direct employ or through another company), your assessment needs to take them into account. You should consider the special problems they may face. For example, they will know less about your business than ordinary employees, and so could be at greater risk.
Your health and safety risk assessment must take into account any special cases such as pregnant women, people who work alone or people who may not speak English as a first language.
You must also give the agency and agency workers information about risks and measures taken to control them before the start of the placement. See agency workers and health and safety information and training.
Employment agencies
If you provide agency workers to other businesses, you also have responsibilities. You should ensure the user business has carried out an assessment and given you the findings, which you should pass on to agency workers.
You may also need to assess the risks facing workers before you place workers with that business. If the user business doesn't provide the information you need, you might decide to make a site visit to complete your own risk assessment.
This is more likely if you are providing workers for higher-risk industries such as construction, or where the risks are complex. If you are not competent to do the assessment yourself, you must arrange for someone else to do it for you.
You should also monitor user businesses' overall health and safety performance. For example, you could ask for copies of all accident and illness reports involving your agency workers, including the causes and what preventative measures they have implemented.
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Co-operate to protect agency workers' health and safety
Shared responsibility for workers requires a co-ordinated approach to health and safety between the employment agency and the business using the workers.
Responsibility for agency workers' health and safety is often shared regardless of where contractual duties lie. The business using the workers, the employment agency and the workers themselves can all have responsibilities. Co-operation is essential.
Co-operate for agency workers' safety from the start
From the start, every interested party must share information. For example, if the user business wants workers for a particular role, they should tell the agency health and safety risks, and any qualifications or skills needed to carry out the work safely.
This will help the agency put forward people with the right training, qualifications and experience. The agency should tell the user business about workers' skills and qualifications, to help decide what additional training the workers may need.
Sharing information with the workers themselves is also vital. See agency workers and health and safety information and training.
Ongoing co-operation for agency workers' safety
Continuing co-operation throughout placements will help ensure that responsibilities are clear. It also allows everyone involved to co-ordinate health and safety activities such as giving information, instruction, training and supervision. Nobody should just assume that someone else is taking care of it. For clarity, responsibilities should be spelt out in contractual arrangements. Remember that your legal responsibility as an employer cannot be passed on.
It's a good idea to regularly review the effectiveness of your arrangements. For example, the end of a work placement is a natural time to do this. You should try to identify any problems, and discuss the reasons for them. This will help you take steps to improve health and safety for the future.
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Agency workers and health and safety information and training
Communication and instruction is essential for agency workers' health and safety, it is vital workers have the right training to safely carry out their jobs.
Each new work placement poses health and safety risks. It's essential the business using the workers, the agency and the workers themselves share information to ensure health and safety is properly protected.
You should consider what health and safety information, instruction and training workers need (whether you are the user business or the agency). You should clarify who will provide it to meet the legal duties you both have under health and safety legislation.
User businesses have a duty to give proper instructions and clear information, both to the workers and the agency.
You should provide information about:
- risks agency workers may face when working in your business
- any special occupational skills or qualifications required
- health surveillance requirements
Agencies have the same duties if the workers are their employees. Additionally, the user business should tell the agency about any special features of the job that may affect agency workers' health and safety. The agency must pass this information on to the workers.
You should check that workers have understood training once it's been given and are continuing to follow procedures correctly.
Consulting with your workforce about safety
Consultation with your workforce is key to improving health and safety. Workers are more likely to work in a safe and healthy way if they have been involved in decisions about how risks at work are controlled.
Whether you are a business using agency workers or an agency, you are legally obliged to consult workers about health and safety if they are your employees.
It is good practice to consult workers who may not be your employees where the placement is long term. This should not in itself be seen as implying contractual obligations. Agency workers have the right to equal treatment in terms of basic working and employment conditions after 12 weeks in a placement. See consult your employees on health and safety.
Even when agency workers are not legally your employees, it is good practice to consult and involve them. They need to feel 'part of the team'.
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Provide agency workers with personal protective equipment
Equipment and procedures for protecting agency workers' health and safety including types of protective equipment and who is responsible for providing it.
Businesses using agency workers must ensure that the workers have the same level of health and safety protection as ordinary employees.
Types of protective equipment
If user businesses provide employees with personal protective equipment (PPE) such as protective clothing, agency workers should receive equivalent PPE if they are exposed to the same risks.
Agency workers who use computers and similar equipment with screens will need suitable workstations and rest breaks. Unless a worker is genuinely self-employed, both the user business and the agency have responsibilities. The employer is responsible for paying for eye and eyesight tests. See free eye tests for employees who use computers.
The more hazardous the work your business carries out, the more you need to do. There are specific requirements for certain work, including:
- chemicals
- the use of work equipment and machinery
- manual handling
- the use of electricity
- the comfort of the working environment
Who is responsible for proving PPE?
Legal responsibility for providing this free of charge lies with whoever is the worker's employer - this might be the agency or the user business. If you're not the employer, you may agree to provide what is necessary (whether you're a user business or an agency), but you cannot charge the worker for it.
In only a few cases, where workers are genuinely self-employed, will they be responsible for providing their own PPE. For more information, .
Businesses using agency workers and agencies themselves need to work together to ensure that the right equipment and facilities are provided and procedures are followed. See co-operate to protect agency workers' health and safety.
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Monitor agency workers' health and safety
Health checks can be an important part of meeting your health and safety responsibilities, businesses and agencies can use checks to protect agency workers.
Depending on your assessment of the risks, you may need to carry out health checks on employees (whether you are the user business or the agency). For example, you might need to do this if employees work with chemicals that can damage health. While health checks are not a substitute for controlling risks, they can help you tell whether your controls are working.
Businesses using agency workers
If you are the user business and you decide health checks are necessary, you may want to include agency workers even if they are not your employees. You should co-ordinate with the agency about this, and make sure that all parties are clear about who will provide it if it's required.
Don't forget that you need to give workers clear information about these health checks, too, whether they're your employees or those of the agency.
In some cases, you may decide that all that's needed is to check sickness records and reports of diseases. In other cases, you may need direct checks such as inspections for skin rashes.
Agencies supplying workers
If the agency workers you supply are your employees, you are responsible for any health checks needed.
Before placing workers with a user business, you need to check with the user business whether they will be doing work that requires health checks. If so, you'll need to get information from the user business about what's involved. You might be able to arrange for the user business to do the checks on your behalf - but you are still responsible for making sure they are done.
You may also need to organise some health checks yourself. For example, you might arrange annual medical check-ups for workers who are exposed to potentially serious health hazards, such as asbestos or radiation.
Agency workers can be injured or made ill at work. The user business and agency should clarify, before the placement, who is the 'responsible person' for any necessary RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations) reports for agency workers. They should also ensure that all relevant information is exchanged so that RIDDOR forms can be completed in full. The responsible person should submit completed RIDDOR forms to the appropriate enforcing authority.
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Additional responsibilities for upper tier COMAH-regulated sites
Does COMAH apply to my business?
How a business is categorised under the Control of Major Accident Hazards Regulations depending on the amount of substances they handle.
If your business manufactures, stores or uses any dangerous substances over a certain amount, the Control of Major Accident Hazards (COMAH) Regulations apply to you.
Identify the category of your site
There are two thresholds for dangerous substances under COMAH. These thresholds vary for different substances.
If you store or use an amount meeting the lower threshold for a dangerous substance your site is classed as a lower tier site provided it does not exceed the upper tier threshold. If you store or use more than the upper threshold your site is an upper tier site.
Check rules for classifying dangerous substances
Dangerous substances covered by the COMAH Regulations include:
- ammonium nitrate
- oxygen
- hydrogen
- formaldehyde
- halogens
- petroleum products
Dangerous substances also include those that fall into classifications defined by the (CLP Regulation).
You must check your responsibility if you store more than one type of dangerous substance. Even if you don't exceed the threshold amount for some dangerous substances under COMAH, when all the substances you store or use are added together you may need to comply.
Comply with Planning Regulations for dangerous substances
If the COMAH Regulations apply to you, you may also be regulated under planning legislation and need a hazardous substances consent from . For further information, you should contact the Northern Ireland Planning Service.
COMAH regulator
COMAH is regulated by the HSENI and the Northern Ireland Environment Agency (NIEA). These organisations are jointly referred to as the Competent Authority (CA).
You will have to pay for most of the work the CA does in connection with your site, for example:
- assessment of safety reports
- on site inspection of how major hazard risks are managed
- investigation of major accidents
If you are unsure whether COMAH applies to you, contact the HSENI or the NIEA.
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COMAH regulated site responsibilities
Your responsibilities if you have a site regulated by the Control of Major Accident Hazard (COMAH) Regulations.
If you operate a site covered by the Control of Major Accident Hazard (COMAH) Regulations, you must meet requirements for using and storing dangerous substances.
Notify the Competent Authority (CA)
If the COMAH Regulations apply to your site, you must before you use or store dangerous substances. You must also tell the CA before starting any new operation and send them any additional information they need.
The notification must give details about the operator, the site, the processes carried out and an inventory of the dangerous substances present.
If there are any significant changes to the information you provided in your notification you must tell the CA immediately. You must also tell them if your site closes, or if any part of the site closes where dangerous substances are handled, produced, used or stored.
Assess the risks and prepare a major accident prevention policy
You must take all necessary measures to prevent major accidents and have plans, systems and procedures in place at your site. You must be able to demonstrate this to the Competent Authority (the HSENI and the Northern Ireland Environment Agency (NIEA)).
You must carry out assessments to understand and predict how a major accident could happen on your site and the possible consequences of a major accident. Situations to consider include:
- leaks and spills due to vessel or pipework failures
- explosions, eg caused by mixing incompatible chemicals in reactors
- fires, eg in processing areas, warehouses or chemical or fuel storage areas
You must prepare a major accident prevention policy (MAPP) document. This should outline your approach to the control of major accident hazards on your site.
You must also prepare a safety management system document. This should cover the detailed steps you will take to control major hazards. It should also show the structure of your organisation and the responsibilities, procedures and resources for putting the MAPP into action.
For further details, you should contact the HSENI or the NIEA, or check .
Comply with the COMAH containment policy
You must comply with the COMAH containment policy if you store liquid dangerous substances in bulk. You must:
- ensure your primary containment, eg storage tanks, are designed and constructed to relevant standards
- use suitable secondary containment, eg a bund, to contain any liquid which escapes from a primary container or its equipment
- develop plans to help reduce the off-site impacts of an incident
Deal with incidents correctly
If a major accident occurs, such as a significant leak, spill, fire or explosion, you must take all necessary steps to minimise its effects on people and the environment.
You should implement your emergency procedures. These will be part of your MAPP or, for top tier sites, must be a separate plan.
You should contact the HSENI immediately by calling the 24-hour HSENI Helpline on Tel 0800 032 0121.
You should also .
You should also report any pollution incident as soon as it happens to the NIEA Water Pollution Hotline on Tel 0800 80 70 60.
Make sure that your staff are aware of these phone numbers and know what to do if an incident happens.
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Additional responsibilities for upper tier COMAH-regulated sites
What you must do to ensure a upper tier site meets Control of Major Accident Hazards (COMAH) Regulations requirements including submitting a safety report.
If you operate a site covered by the Control of Major Accident Hazard (COMAH) Regulations, you must meet requirements for using and storing dangerous substances. See COMAH regulated site requirements.
If you operate a site where the quantities of dangerous substances you use or store meet or exceed the upper thresholds in the COMAH Regulations, you will be classed as a top tier site. For more information about the different tiers, see does COMAH apply to my business? Upper tier operators must meet some additional requirements.
Submit a safety report
You must submit a safety report to the competent authority (CA) - the Health and Safety Executive for Northern Ireland (HSENI) and the Northern Ireland Environment Agency (NIEA). Your safety report must demonstrate that you have put in place a major accident prevention policy (MAPP) and a safety management system to implement the policy.
You must review the safety report:
- at least every five years
- to account for new facts or new technical knowledge
- if you change your safety management system
You must tell the CA about these reviews, even if you don't make any changes to the safety report.
For new top tier installations you must submit a safety report prior to construction and before operating with dangerous substances.
You must tell the CA immediately if you make any changes to your safety report.
Prepare an internal emergency plan
You must prepare a separate internal emergency plan before your business starts operations. This must give details of what you will do in the event of an accident. It should include:
- names or positions of people who will put emergency procedures into action
- names or positions of people who liaise with the HSENI for the external emergency plan
- details of the procedures for contacting the CA and other local emergency services
- details of events that may cause a major accident and actions that will be taken to avoid them
- a description of the safety equipment and resources available to deal with an incident
- details of how the risk to people on-site is minimised
- details of how the risk to the environment is minimised
- actions to be taken if an incident warning is issued
- arrangements to inform the HSENI of an incident, so that the external emergency plan can be put into action
- details on how staff are trained to deal with emergency situations
- arrangements for helping to minimise off-site impacts of an incident
When preparing your emergency plan you should liaise with the CA and other relevant agencies, for example the local fire, ambulance and police services and local health and social services board. They can advise on possible effects to areas outside your site.
Test and review your internal emergency plan at least every three years and revise it as necessary.
Inform local people
You must provide information about your activities to local residents, workers at other premises and every school, hospital or other establishment serving the public, which may be affected by a major accident on your site. This should include:
- the name and address of your business
- the position of the person responsible for keeping local residents and businesses informed
- confirmation that your business needs to comply with the COMAH Regulations, and that you have notified and submitted a safety report to the HSENI
- a brief explanation of the activities undertaken at your site
- what dangerous substances are on your site, using common names where they exist, and their dangerous properties, eg explosive or flammable
- information on the hazard posed by these dangerous substances to people and the environment, and the safety measures in place to control the risk of an accident
- details of how people will be informed and the actions to take if a major accident occurs
- confirmation that your business is required by law to be prepared for major accidents, and to liaise in particular with the emergency services to deal with major accidents and minimise their effects
- making reference to your external emergency plan which should include advice to people to co-operate with instructions from the emergency services in the event of an incident
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Does COMAH apply to my business?
Does COMAH apply to my business?
How a business is categorised under the Control of Major Accident Hazards Regulations depending on the amount of substances they handle.
If your business manufactures, stores or uses any dangerous substances over a certain amount, the Control of Major Accident Hazards (COMAH) Regulations apply to you.
Identify the category of your site
There are two thresholds for dangerous substances under COMAH. These thresholds vary for different substances.
If you store or use an amount meeting the lower threshold for a dangerous substance your site is classed as a lower tier site provided it does not exceed the upper tier threshold. If you store or use more than the upper threshold your site is an upper tier site.
Check rules for classifying dangerous substances
Dangerous substances covered by the COMAH Regulations include:
- ammonium nitrate
- oxygen
- hydrogen
- formaldehyde
- halogens
- petroleum products
Dangerous substances also include those that fall into classifications defined by the (CLP Regulation).
You must check your responsibility if you store more than one type of dangerous substance. Even if you don't exceed the threshold amount for some dangerous substances under COMAH, when all the substances you store or use are added together you may need to comply.
Comply with Planning Regulations for dangerous substances
If the COMAH Regulations apply to you, you may also be regulated under planning legislation and need a hazardous substances consent from . For further information, you should contact the Northern Ireland Planning Service.
COMAH regulator
COMAH is regulated by the HSENI and the Northern Ireland Environment Agency (NIEA). These organisations are jointly referred to as the Competent Authority (CA).
You will have to pay for most of the work the CA does in connection with your site, for example:
- assessment of safety reports
- on site inspection of how major hazard risks are managed
- investigation of major accidents
If you are unsure whether COMAH applies to you, contact the HSENI or the NIEA.
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COMAH regulated site responsibilities
Your responsibilities if you have a site regulated by the Control of Major Accident Hazard (COMAH) Regulations.
If you operate a site covered by the Control of Major Accident Hazard (COMAH) Regulations, you must meet requirements for using and storing dangerous substances.
Notify the Competent Authority (CA)
If the COMAH Regulations apply to your site, you must before you use or store dangerous substances. You must also tell the CA before starting any new operation and send them any additional information they need.
The notification must give details about the operator, the site, the processes carried out and an inventory of the dangerous substances present.
If there are any significant changes to the information you provided in your notification you must tell the CA immediately. You must also tell them if your site closes, or if any part of the site closes where dangerous substances are handled, produced, used or stored.
Assess the risks and prepare a major accident prevention policy
You must take all necessary measures to prevent major accidents and have plans, systems and procedures in place at your site. You must be able to demonstrate this to the Competent Authority (the HSENI and the Northern Ireland Environment Agency (NIEA)).
You must carry out assessments to understand and predict how a major accident could happen on your site and the possible consequences of a major accident. Situations to consider include:
- leaks and spills due to vessel or pipework failures
- explosions, eg caused by mixing incompatible chemicals in reactors
- fires, eg in processing areas, warehouses or chemical or fuel storage areas
You must prepare a major accident prevention policy (MAPP) document. This should outline your approach to the control of major accident hazards on your site.
You must also prepare a safety management system document. This should cover the detailed steps you will take to control major hazards. It should also show the structure of your organisation and the responsibilities, procedures and resources for putting the MAPP into action.
For further details, you should contact the HSENI or the NIEA, or check .
Comply with the COMAH containment policy
You must comply with the COMAH containment policy if you store liquid dangerous substances in bulk. You must:
- ensure your primary containment, eg storage tanks, are designed and constructed to relevant standards
- use suitable secondary containment, eg a bund, to contain any liquid which escapes from a primary container or its equipment
- develop plans to help reduce the off-site impacts of an incident
Deal with incidents correctly
If a major accident occurs, such as a significant leak, spill, fire or explosion, you must take all necessary steps to minimise its effects on people and the environment.
You should implement your emergency procedures. These will be part of your MAPP or, for top tier sites, must be a separate plan.
You should contact the HSENI immediately by calling the 24-hour HSENI Helpline on Tel 0800 032 0121.
You should also .
You should also report any pollution incident as soon as it happens to the NIEA Water Pollution Hotline on Tel 0800 80 70 60.
Make sure that your staff are aware of these phone numbers and know what to do if an incident happens.
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Additional responsibilities for upper tier COMAH-regulated sites
What you must do to ensure a upper tier site meets Control of Major Accident Hazards (COMAH) Regulations requirements including submitting a safety report.
If you operate a site covered by the Control of Major Accident Hazard (COMAH) Regulations, you must meet requirements for using and storing dangerous substances. See COMAH regulated site requirements.
If you operate a site where the quantities of dangerous substances you use or store meet or exceed the upper thresholds in the COMAH Regulations, you will be classed as a top tier site. For more information about the different tiers, see does COMAH apply to my business? Upper tier operators must meet some additional requirements.
Submit a safety report
You must submit a safety report to the competent authority (CA) - the Health and Safety Executive for Northern Ireland (HSENI) and the Northern Ireland Environment Agency (NIEA). Your safety report must demonstrate that you have put in place a major accident prevention policy (MAPP) and a safety management system to implement the policy.
You must review the safety report:
- at least every five years
- to account for new facts or new technical knowledge
- if you change your safety management system
You must tell the CA about these reviews, even if you don't make any changes to the safety report.
For new top tier installations you must submit a safety report prior to construction and before operating with dangerous substances.
You must tell the CA immediately if you make any changes to your safety report.
Prepare an internal emergency plan
You must prepare a separate internal emergency plan before your business starts operations. This must give details of what you will do in the event of an accident. It should include:
- names or positions of people who will put emergency procedures into action
- names or positions of people who liaise with the HSENI for the external emergency plan
- details of the procedures for contacting the CA and other local emergency services
- details of events that may cause a major accident and actions that will be taken to avoid them
- a description of the safety equipment and resources available to deal with an incident
- details of how the risk to people on-site is minimised
- details of how the risk to the environment is minimised
- actions to be taken if an incident warning is issued
- arrangements to inform the HSENI of an incident, so that the external emergency plan can be put into action
- details on how staff are trained to deal with emergency situations
- arrangements for helping to minimise off-site impacts of an incident
When preparing your emergency plan you should liaise with the CA and other relevant agencies, for example the local fire, ambulance and police services and local health and social services board. They can advise on possible effects to areas outside your site.
Test and review your internal emergency plan at least every three years and revise it as necessary.
Inform local people
You must provide information about your activities to local residents, workers at other premises and every school, hospital or other establishment serving the public, which may be affected by a major accident on your site. This should include:
- the name and address of your business
- the position of the person responsible for keeping local residents and businesses informed
- confirmation that your business needs to comply with the COMAH Regulations, and that you have notified and submitted a safety report to the HSENI
- a brief explanation of the activities undertaken at your site
- what dangerous substances are on your site, using common names where they exist, and their dangerous properties, eg explosive or flammable
- information on the hazard posed by these dangerous substances to people and the environment, and the safety measures in place to control the risk of an accident
- details of how people will be informed and the actions to take if a major accident occurs
- confirmation that your business is required by law to be prepared for major accidents, and to liaise in particular with the emergency services to deal with major accidents and minimise their effects
- making reference to your external emergency plan which should include advice to people to co-operate with instructions from the emergency services in the event of an incident
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