The Control of Major Accident Hazards Regulations (Northern Ireland) 2015

Major accident prevention policies

7.—(1) Subject to paragraph (4), every operator shall prepare and retain a written major accident prevention policy.

(2) A major accident prevention policy shall—

(a) be designed to ensure a high level of protection of human health and the environment;

(b) be proportionate to the major accident hazards;

(c) set out the operator’s overall aims and principles of action; and

(d) set out the role and responsibility of management, and its commitment towards continuously improving the control of major accident hazards.

(3) A major accident prevention policy shall be prepared by the operator—

(a) of a new establishment, within—

(i) a reasonable period of time prior to construction or operation of the establishment; or

(ii) a reasonable period of time period prior to modifications leading to a change in the inventory of dangerous substances at the establishment;

(b) of an existing establishment, by 1st June 2016;

(c) of an other establishment, within one year beginning on the date on which the establishment, or site of operation, first becomes an other establishment.

(4) Where—

(a) the operator of an existing establishment had, immediately before 28th September 2015, prepared and retained a major accident prevention policy under regulation 5 of the 2000 Regulations;

(b) the information contained within that policy remains materially unchanged; and

(c) that policy complies with the requirements of these Regulations,

the operator is not required to prepare a further major accident prevention policy under paragraph (1).

(5) Where an operator of an existing establishment is not required to prepare a major accident prevention policy by virtue of paragraph (4)—

(a) the major accident prevention policy prepared by that operator under regulation 5 of the 2000 Regulations is to be treated as a major accident prevention policy prepared under this regulation; and

(b) the policy shall be retained by the operator in accordance with this regulation.

(6) An operator shall review its major accident prevention policy—

(a) in the event of—

(i) a significant increase or decrease in the quantity of dangerous substances notified under regulation 6; or

(ii) a significant change in—

(aa) the nature or physical form of the dangerous substances notified under regulation 6; or

(bb) the processes employing them,

which could have significant consequences in terms of major accident hazards; and

(b) in any event no later than five years after the date on which the policy was last reviewed,

and where necessary it shall revise and retain the revised policy.

(7) An operator shall implement its major accident prevention policy by a safety management system.

(8) A safety management system shall—

(a) satisfy the requirements in paragraph 1 of Schedule 2; and

(b) address the matters specified in paragraph 2 of that Schedule.