Understanding your legal obligations See the “Enforcement & Advisory Bodies” section at the end of this page. There are four key areas of legislation governing the use and storage of containerised liquids and gases: • spill prevention • waste management • storage of flammables • control of substances hazardous to health This section is not exhaustive; it aims to highlight legislation as it applies to business in general. There may be more specific regulations that you need to comply with depending on the nature of your business. Spill Control Environmental legislation covers the regulation of emissions and discharges to air, land or water. The Water Resources Act specifically addresses the pollution of watercourses and groundwaters by industry. It covers drainage systems; disposal of waste substances and contaminated water; spill control; and the storage of polluting substances. Introduced under the Water Resources Act to counter water pollution due to inadequate storage of oils, the Control of Pollution (Oil Storage) (England) 2001 Regulation specifies mandatory requirements for the storage of oil in fixed tanks or containers (+200L) in outdoor locations. Drums and IBCs must be stored on or within a secondary bunded containment system which must have a sump capacity of not less than 110% of the drum or IBC or, if there is more than one container, 110% of the largest container or 25% of their aggregate storage capacity whichever is greater. Environmental Regulations • Environmental Protection Act 1990 • Water Resources Act 1991 • Control of Pollution (Oil Storage) (England) 2001 • Control of Pesticides Regulations 1986 • Food & Environmental Protection Act 1985 Use the search facility at http://www.legislation.hmso.gov.uk/stat.htm to read regulations passed since 1987. ISO14001 This is an international standard for environmental management. Looked upon favourably by the Courts as evidence of good environmental planning. For larger companies, it can reduce the number of regulatory audits and inspections required. Waste Management Under the Environmental Protection Act 1990, you have a "Duty of Care" to ensure that waste liquids are managed and disposed of correctly. The Special Waste Regulations 1996 specifically cover the management, transport and disposal of certain hazardous or toxic wastes including waste oils, industrial solvents, acids, wood preservatives and batteries. In general, storage containers must comply with the 110% rule (see "Spill Control" above) and waste should only be disposed of by local authority or other registered carriers. Storage of flammables and other substances hazardous to health In essence, there are two requirements that you must comply with: • you must remove or reasonably control the risk of exposure to hazardous substances used in the workplace. This applies to flammables, corrosives, pressurised gases, solvents and poisons. • for flammables in particular, you must ensure that storage provisions comply with fire precaution regulations. If bulk quantities are to be stored, you may require a licence. Note: these regulations even apply to general cleaning materials such as bleaches and solvents. The regulations cover the following subjects: • the categorisation of flammables; • the design requirements of outdoor storage units/facilities, including fire resistance and bunding; • the location of stores in relation to other buildings; • the quantities that may be stored in indoor locations; • licensing: • the provision of adequate safety signage Health & Safety Regulations: • Health & Safety at Work Act 1974 • Control of Substances Hazardous to Health (CoSHH) Regulations 1994 • Highly Flammable Liquids and Liquefied Petroleum Gases Regulations 1972 • Petroleum (Consolidation) Act 1928 / 1936 • Health & Safety (Safety Signs & Signals) Regulations 1996 • Fire Precautions (Workplace) Regulations 1997 • Fire Precautions Act 1971 • Factories Act 1961 Use the search facility at http://www.legislation.hmso.gov.uk/stat.htm to read regulations passed since 1987. Enforcement & Advisory Bodies How the regulations apply to your organisation may depend on factors such as the type of substance involved, the quantity stored, usage, the nature of your premises and local enforcement variations. Whilst Guardian Safety products are designed to comply with all current and relevant legislation, we strongly recommend that you consult with the appropriate enforcing agencies and your insurers with regards to the positioning and use of your stores: • Department for Environment, Food & Rural Affairs www.defra.gov.uk • Health & Safety Executive (HSE) www.hse.gov.uk • Environment Agencies www.environment-agency.gov.uk (England & Wales) www.sepa.org.uk (Scotland) www.ehsni.gov.uk (Northern Ireland) • Local Fire Officers/Authorities • Local Planning Authorities • Local Petroleum Officers • Your Insurers • British Safety Council www.britsafe.org • Institute of Safety & Health (IOSH) www.iosh.co.uk