Management of Hazardous Materials and Processes

Hazard and Risk Control

A report on EBR Chem Ltd.

Contents.

1. Figures & Tables
2. Introduction
3. Section 1: Management of Hazardous Materials and Processes – E. Costello
4. Section 2: Hazard and Risk Control – Dr. R. Nugent
5. Section 3: Health and Safety Legislation – B. McGrath
6. Conclusion
7. References

List of Tables and Figures

Layout of EBR Chem Ltd.

Accident Logs of EBR Chem Ltd

Table 1: Seveso III Directive 2012/18/EU. The site falls under the Upper thresold as highlighted in the table below in red. This is correct as of 01/11/2018

Introduction 

EBR Chem Ltd was recently inspected by a HAS Inspector. On receiving the inspectors report, it was highlighted that EBR Chem Ltd has a serious lacking of correct procedures and risk assessments and this needs to be addresses within a specific time frame as laid out by the inspector with the improvement notice.

The following issues were received by EBR Chem management from the HSA inspector:

1. The company have inadequate risk assessments conducted in their warehouse
2. The company was not in compliance with accident reporting requirements.
3. The company register of legislation needs to be updated under the following legislation:
   1. Section 8 and 19 of the Safety, Health and Welfare at Work Act 2005
   2. Certain areas relating to the Safety, Health and Welfare at Work (General Application) Regulations 2007, and in particular, Improvements under the following:
      1. Part 2 Chapter 1 regulations 6, 8, 14 and 18

EBR Chem are required to comply with the HSA improvement notice as well as updating and overhauling our own policies and procedures. EBR Chem needs to ensure that it is complying with all relevant statutes, code of practices and any and all EU Directives in relation to its materials, such as storing, handling, transporting etc.

EBR Chem, with the help and co-operation of the management team, safety & health officers, supervisors and employees will engage together to bring EBR Chem Ltd back up to where it should be. To achieve this, EBR will need to update its risk assessments, implement safety measures to protect not just the staff, but EBR’s neighbours, contractors, visitors and the environment.

All staff will need to have additional training, supervisors will need to engage more with staff and hold more informal tool-box talks explaining any new policies and procedures as well as encouraging the employees to be more aware of their safety as well as others.

The report below will show management and their team how to help EBR be a safe and energising place of work. Each team member will be upskilled and have a schedule drawn up to implement this training. New, young and pregnant workers will need to be specifically trained and new work practices will need to be implemented for said pregnant workers to keep them safe from harm.

It is envisioned that a new induction program will be included into the training schedule for all new employees, as well as contractors, cleaners and any visitors to the site.

By the end of this process, EBR Chem Ltd will be compliant with all relevant European and national legislation and will be a model to all surrounding chemical companies.

Section 1: Management of Hazardous Materials and Processes – E. Costello

Within this section, I will provide evidence that it is required to show whether or not EBR Chem Ltd should be classified as a Seveso site and if so, is it Upper-Tier or Lower-Tier and the requirements of either Upper or Lower-tier

3.1 Introduction to Seveso III and its Classification

What exactly is Seveso III and how does this classification affect EBR Chem ltd?

The Seveso directives were brought about by the chemical accident in the town of Seveso in 1976. The aim of this directive is to ensure that such accidents do not occur again.

In 2012 the Seveso-III (Directive 2012/18/EU) was adopted taking into account, amongst other factors, the changes in EU legislation on the classification of chemicals and increased rights for citizens to access information and justice.

The Chemicals Act (Control of Major Accident Hazards involving Dangerous Substances) Regulations 2015 (S.I. No. 209 of 2015 ) (the “COMAH Regulations”), implement the Seveso III Directive (2012/18/EU). The purpose of the COMAH Regulations is to lay down rules for the prevention of major accidents involving dangerous substances, and to seek to limit as far as possible the consequences for human health and the environment of such accidents, with the overall objective of providing a high level of protection in a consistent and effective manner.₍₁₎

3.2 Measurements and calculations on how a Seveso III site is calculated

As EBR Chem Ltd retains an amount of chemicals as well as different chemicals, it is important to calculate the quantities of the chemicals and decide if EBR Chem is indeed a Seveso site.

In Table 1, the  materials are calculated in line with the Statutory Instruments. S.I No. 209 of 2015, Chemicals Act (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2015   https://www.hsa.ie/eng/Your_Industry/Chemicals/Legislation_Enforcement/COMAH/Schedule_1_of_2015_Regs.pdf

As of this date, EBR Chem Ltd does qualify as an Upper-Tier establishment. This means the we must now integrate extra controls to the company and we also need to abide by the current legislation that is in law.

However, if we reduced the quantity of Hydrogen from 36 tonnes to 34 tonnes, we would fall below the Upper-Tier status,  this would in effect reduce our legal obligations, which would reduce our overall expenditure complying with Seveso III directives. This is a cost saving exercise, but we would still need to abide by the Chemicals Act (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2015 as well as the Safety, Health and Welfare at Work Act 2005.

It would be remis of us as a company, to reduce a small quantity of a chemical compound so that overall costs would be reduced, without implementing the improvement notice from the HSA inspector. We have legal, social, environmental and economic reasons for maintaining our facility up to the highest standards that are achievable, and we should always strive forward in maintaining ERB Chem Ltd as a leader in onsite chemical storage.

3.1.2        Management meeting on companies duties under the Chemicals Act

Safety and Health are a vital part of any working environment. This must be a proactive approach and it must be from the top management, only with this commitment from management will the employees understand the managements change of working practices and will hopefully emulate the positive change of attitude and working practices that will be introduced here.

The Chemicals Act requires under the general duties that the company complies with the Health Services Authority (HSA) if they are carrying out any functions under the act, such as an inspection or investigation after an accident.

All paperwork must be given in a legible form to the HSA if requested by an inspector. We must provide the HSA our legal company name, address, the name of our Managing Director, and full information on the hazardous materials stored in the business address.

We need to ensure that we notify the HSA every 5 years if we are updating our facility prior to starting.

The company needs to prepare a Major Accident Prevention Policy (MAPP) with immediate effect. Essential in the MAPP is a guarantee to human health, protection of the environment, the commitment of  the company to continuously improve our management of any major accidents. We need to update the MAPP every 5 years and submit it to the HSA.

We must ensure our safety reports are complete, but as ERB is now classed as an Upper-Tiered establishment, it is even more important that it is sent to the HSA in writing and then every 5 years, unless there is an accident or a change in the regulations.

With being an Upper-Tier company, the COMAH require that EBR have implemented in their plans objectives, the implementation and internal emergency plans. The internal plans must be completed with the relevant external experienced emergency services, such as the HSE, An Gardaí, Fire and local authority, it will also have information on who are the first aiders, who are trained as fire fighters/wardens and who is accountable for contacting the relevant emergency services. The internal plans are the first line of attack if an accident does occur, provided within the plan will be areas on how to control the incident, how to protect staff, contractors, visitors etc. as well as how to limit the damage to the environment. The plans must have a review after an incident/accident or updated every 3 years.

The HSA will inform the local authority of our upper-tier status, we must supply any necessary information that is required by the authority so that they can prepare an external emergency plan (EEP)

If there is any major accident, the company must inform the HSA as soon as is practicable. All information on the accident must be included in the report. To be included in the report is the steps we are taking to ensure such an event will not take place again.

If there are any near misses, they must be reported to the HSA.

Inspections by the HSA will be carried out on our premises yearly. They will inform us of any observations that they require remedied. We must implement these changes within a reasonable time period.

As the public have a right to information, we must provide said information to any and all persons who might be affected by a major incident. It must be clear and intelligible information on what steps are required from them if an explosion or release of gas occurs. It must be provided to hospitals, schools, nearby houses and any other chemical companies in the area.

If management decides not to comply with the regulations, then they will be subject to fines and or prison terms which may also include costs to the HSA.

A more definitive guide can be found here for consultation.

https://www.hsa.ie/eng/Your_Industry/Chemicals/Legislation_Enforcement/COMAH/SI_209_of_2015.pdf

https://www.hsa.ie/eng/Your_Industry/Chemicals/Legislation_Enforcement/COMAH/A_Guide_to_COMAH_SI_No_209_of_2015.pdf

Section 2: Hazard and Risk Control – Dr. R. Nugent

A Hazard is something with the potential to cause harm to an employee, plant, property or to the environment Hazards can take many forms such as chemicals, noise or electricity.

A Risk is the likelihood of potential harm from the Hazard.  It is important to remember that a risk can be reduced and the hazard controlled by management being proactive in their approach to the safety, health and welfare of their employees in the workplace.

Under the Safety, Health and Welfare at Work Act 2005, Part 2, Chapter 8, (2) (h) an employer must carry out a risk assessment for the protection of their employees.

Hazard identification is a vital part of any working environment. There are many ways to carry out a hazard identification.

A walkaround the workplace is an ideal opportunity to gather information on hazards, the safety officer can see how the work is being conducted and the safety officer will see any work practices that are unsafe and will be able to stop them immediately. The safety officer will need to be experience in this type of activity and not get too involved with the staff carrying out the work, an unexpected walkaround is the preferred option as the safety officer will see the actual work practices being employed by the staff.

The safety officer can also have tool-box talks with the staff, this can be at the start of the shift or during a short break, it is a good way to impart safety information to staff. However, it needs to be short, bullet pointed and easy to understand, it needs to be held in a quiet area so all can hear the talk.

Having a workplace inspection can be a major part of hazard identification within the workplace. The inspection can be focused on a particular area that has previously presented with near misses or accidents. The safety officer undertaking this inspection must be practiced in this type of activity. The safety officer will take notes, talk with the employees, take photos if needed and also take any measurements such as noise if required.

Hazard identification should be an ongoing entity, not just once a month, it is incumbent on every employee to be aware of the risks and hazards of the workplace and be proactive in the eliminating of any hazards that they see, it should be part of any induction for new employees and integrated into the workplace operations..

After examining ERB Chem Ltd, I have identified the main hazards and the associated risks within the company.

I have included these below.