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

Inspections and investigations

25.—(1) The competent authority shall organise a system of inspections of establishments appropriate to the type of establishment concerned.

(2) An inspection—

(a) shall not be dependent on the receipt of any report submitted by an operator;

(b) shall be sufficient for a planned and systematic examination of the technical, organisational and management systems being employed at an establishment so as to ensure, in particular, that—

(i) the operator can demonstrate that it has taken appropriate measures, in connection with the various activities of the establishment, to prevent major accidents;

(ii) the operator can demonstrate that it has provided appropriate means for limiting the consequences of major accidents;

(iii) the data and information contained in the safety report, or any other report submitted by the operator adequately reflects the conditions in the establishment; and

(iv) information is supplied to the public in accordance with regulations 17 and 18.

(3) The system of inspections shall ensure that all establishments are covered by an inspection plan that includes—

(a) a general assessment of relevant safety issues;

(b) the geographical area covered by the inspection plan;

(c) a list of the establishments covered by the plan;

(d) a list of groups of establishments with possible domino effects;

(e) a list of establishments where particular external risks or hazard sources could increase the risk or consequences of a major accident;

(f) procedures for routine inspections, including the programmes for such inspections under paragraph (5);

(g) procedures for non-routine investigations under paragraph (8); and

(h) provisions on co-operation between the Executive and the Department of the Environment.

(4) The inspection plan shall be regularly reviewed and revised as appropriate.

(5) Based on the inspection plan the competent authority shall prepare programmes for routine inspections of all establishments.

(6) In preparing programmes for routine inspections of establishments the competent authority shall ensure in particular that—

(a) it has prepared a systematic appraisal of major accident hazards of establishments;

(b) the programmes are regularly reviewed and revised where necessary; and

(c) the programmes provide for the frequency of site visits for different types of establishment.

(7) In carrying out a systematic appraisal referred to in paragraph (6)(a) the competent authority shall take into account—

(a) the potential impacts of the establishments on human health and the environment;

(b) the record of the operators of the establishments in complying with the requirements of these Regulations; and

(c) the relevant findings, if any, of inspections carried out by the Department of Environment under the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013(1).

(8) The competent authority shall investigate, as soon as possible, when it comes to its attention in relation to any establishment that there have been—

(a) serious complaints;

(b) serious accidents or near misses; or

(c) occurrences of significant non-compliance with these Regulations.

(9) Following the conclusion of an inspection or investigation under this regulation, the competent authority shall—

(a) within 4 months after the date of the inspection or investigation communicate its conclusions and all the necessary actions it requires to be taken to the operator; and

(b) take reasonable steps to ensure that the operator takes all the necessary actions within a reasonable time after receipt of the communication containing the conclusions.

(10) Where, following the conclusion of an inspection or investigation under this regulation, the competent authority has identified an important case of non-compliance with these Regulations it shall carry out an additional inspection within 6 months.

(11) Where the competent authority considers it to be expedient, inspections and investigations under this regulation may be co-ordinated with inspections and investigations carried out by the enforcing authority under the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013.

(1)

S.R. 2013 No. 160, as amended by S.R. 2014 No. 304