COMAH Regulations 2015 – Major Accident Hazard Storage

 

When do the COMAH Regulations apply to hazardous material storage?

The Control of Major Accident Hazards Regulations 2015 (COMAH) apply in Great Britain where dangerous substances are present at or above specified qualifying quantities. Sites are classified as lower-tier or upper-tier establishments depending on the substances and quantities involved. Operators must take all necessary measures to prevent major accidents and limit their consequences for people and the environment.

 

What are the COMAH Regulations?

COMAH stands for the Control of Major Accident Hazards Regulations 2015.

The Regulations came into force on 1 June 2015 and replaced the previous COMAH 1999 regime.

COMAH implements most of the requirements of the Seveso III Directive in Great Britain and is intended to prevent major accidents involving dangerous substances and limit their consequences where accidents do occur.

The Regulations apply in England, Scotland and Wales. Northern Ireland has separate COMAH legislation.

 

Does COMAH apply to every site that stores hazardous substances?

No. Storing hazardous substances does not automatically make a site a COMAH establishment.

COMAH applies where dangerous substances covered by Schedule 1 of the Regulations are present, or are liable to be present, at or above the relevant qualifying quantities.

Whether a site falls within COMAH therefore depends on:

  • The dangerous substances present or likely to be present.
  • Their hazard classifications.
  • The maximum quantities that may be present.
  • Whether any substances are specifically named in Schedule 1.
  • The addition rules applying where several dangerous substances are present.

A complete inventory of relevant dangerous substances is therefore essential when determining whether COMAH applies.

 

What is Schedule 1 of COMAH?

Schedule 1 of the COMAH Regulations identifies the dangerous substances and categories of dangerous substances used to determine whether an establishment falls within scope.

It contains:

  • Part 1 – categories of dangerous substances based on their hazard classifications.
  • Part 2 – specifically named dangerous substances.
  • Part 3 – notes and rules governing how Schedule 1 should be applied.

Schedule 1 specifies separate qualifying quantities for lower-tier and upper-tier establishments.

Where a specifically named substance is also covered by a general hazard category, the qualifying quantities assigned to the named substance are used.

 

How are COMAH thresholds calculated?

COMAH status is not always determined simply by checking whether one substance exceeds one threshold.

Where several dangerous substances are present below their individual qualifying quantities, the Schedule 1 addition rule may still bring the establishment within COMAH.

Operators should therefore consider:

  • All relevant dangerous substances present or liable to be present.
  • The maximum quantities that could be present at one time.
  • The relevant lower-tier and upper-tier thresholds.
  • The applicable hazard categories.
  • Specifically named substances.
  • The Schedule 1 addition rules.

Sites close to a threshold should obtain competent advice if there is uncertainty about the calculation.

 

What is the difference between lower-tier and upper-tier COMAH sites?

COMAH establishes two levels of establishment according to the quantities of dangerous substances present.

Lower-tier establishments

An establishment becomes lower-tier where the applicable lower-tier qualifying quantities in Schedule 1 are reached.

Lower-tier operators are subject to a number of duties including notification, major-accident prevention arrangements and the general duty to prevent major accidents and limit their consequences.

Upper-tier establishments

An establishment becomes upper-tier where the higher qualifying quantities specified in Schedule 1 are reached.

Upper-tier operators are subject to additional requirements because greater quantities of dangerous substances are involved.

These include preparation of a safety report and internal emergency plan, together with additional information and emergency-planning duties.

 

What must all COMAH operators do?

All operators of establishments within COMAH must take all measures necessary to prevent major accidents involving dangerous substances and to limit their consequences for people and the environment.

General duties include:

  • Determining whether the establishment falls within COMAH.
  • Notifying the Competent Authority where required.
  • Identifying major-accident hazards.
  • Preventing major accidents.
  • Limiting the consequences of accidents that do occur.
  • Maintaining appropriate management arrangements.
  • Managing significant changes affecting major-accident risk.
  • Providing required information to regulators and the public.
  • Reporting relevant major accidents.

The measures required should be proportionate to the hazards and risks associated with the establishment.

 

What is a Major Accident Prevention Policy?

A Major Accident Prevention Policy, commonly known as a MAPP, sets out how an operator intends to prevent major accidents and limit their consequences.

The MAPP should address the operator’s overall aims and principles of action relating to major-accident control.

The associated safety management arrangements should cover areas including:

  • Organisation and personnel.
  • Identification and evaluation of major hazards.
  • Operational control.
  • Management of change.
  • Emergency planning.
  • Monitoring performance.
  • Audit and review.

Lower-tier establishments are required to prepare and retain a MAPP. Upper-tier establishments must also have a MAPP, with the required information forming part of their wider safety-report arrangements.

 

What is a COMAH safety report?

Operators of upper-tier establishments must prepare a safety report demonstrating that major-accident hazards have been identified and that suitable prevention and mitigation measures are in place.

The safety report includes information about matters such as:

  • The establishment and its surroundings.
  • The dangerous substances present.
  • Processes and operating methods.
  • Potential major-accident scenarios.
  • The causes and consequences of those scenarios.
  • The Major Accident Prevention Policy.
  • The safety management system.
  • Measures used to prevent major accidents.
  • Measures used to limit their consequences.
  • Safety features incorporated into plant and equipment.
  • Emergency-planning arrangements.
  • Neighbouring establishments and potential domino effects.

The purpose is not simply to produce documentation, but to demonstrate that major-accident risks are being systematically understood and controlled.

 

How often must a COMAH safety report be reviewed?

An upper-tier safety report must be kept up to date.

It should be reviewed when significant changes, new information or other circumstances could affect the major-accident risk profile.

HSE also requires the safety report to be reviewed after five years even where no significant change has occurred.

Where the review shows that revisions are required, the report must be updated, and the Competent Authority notified in accordance with the Regulations.

 

Do COMAH sites need emergency plans?

Upper-tier establishments must prepare an internal emergency plan for dealing with the on-site consequences of major accidents.

The plan should address credible major-accident scenarios, including low-probability events capable of producing serious consequences.

Emergency arrangements may include:

  • Responsibilities for initiating emergency procedures.
  • Warning and alarm arrangements.
  • Evacuation and shelter procedures.
  • Fire-fighting and spill-response arrangements.
  • Emergency shutdown procedures.
  • Communications with emergency services and authorities.
  • Information and training for employees.
  • Resources needed to control or mitigate an incident.

Local authorities also have responsibilities relating to external emergency planning for upper-tier establishments.

 

What does COMAH mean for chemical storage?

Chemical storage can be a significant part of a COMAH establishment’s major-accident prevention and mitigation arrangements.

Storage design may need to consider:

  • The dangerous substances and quantities stored.
  • Chemical compatibility and segregation.
  • Loss-of-containment scenarios.
  • Secondary containment.
  • Fire and explosion hazards.
  • Ventilation.
  • Ignition-source control.
  • Fire protection.
  • Detection and alarm systems.
  • Emergency access.
  • Security and access control.
  • Vehicle impact.
  • Potential effects on neighbouring areas and the environment.

The appropriate measures should arise from the site’s major-accident hazard assessment rather than from a generic specification applied to every COMAH establishment.

 

Does COMAH prescribe a particular chemical store design?

No. COMAH does not prescribe one universal chemical store design suitable for every establishment.

Operators must instead demonstrate that they have identified their major-accident hazards and adopted all necessary prevention and mitigation measures.

The required storage specification may therefore vary considerably depending on the substances, quantities and scenarios involved.

Depending on the site, features could include:

  • Segregated storage areas.
  • Dedicated bunding or drainage systems.
  • Fire-rated construction.
  • Temperature control.
  • Mechanical ventilation.
  • Fire detection or suppression.
  • Gas detection.
  • ATEX-rated equipment where required.
  • Security and access control.
  • Emergency isolation arrangements.

The actual specification should be determined from the site’s risk assessment and major-accident scenarios.

 

Does buying a ‘COMAH-compliant’ chemical store make a site compliant?

No. COMAH compliance applies to the establishment and its management of major-accident hazards, not simply to an individual storage product.

A storage facility can form an important part of the prevention and mitigation measures at a COMAH establishment, but compliance can also involve:

  • Management systems.
  • Major-hazard identification.
  • Risk assessment.
  • Operating procedures.
  • Inspection and maintenance.
  • Management of change.
  • Emergency planning.
  • Employee competence and training.
  • Regulatory notification and reporting.

Claims that an individual chemical store alone makes a site “COMAH compliant” should therefore be avoided.

 

What is the relationship between COMAH and DSEAR?

COMAH and DSEAR address different but potentially overlapping risks from dangerous substances.

DSEAR applies broadly to workplace risks involving dangerous substances, including fire and explosion.

COMAH applies only when specified dangerous substances are present at or above the qualifying quantities in Schedule 1 and addresses major-accident hazards affecting people and the environment.

A COMAH establishment may therefore also have duties under DSEAR.

See our DSEAR Regulations 2002 guide for further information.

 

What is the relationship between COMAH and COSHH?

COSHH principally addresses risks to health from exposure to hazardous substances, while COMAH addresses major accidents involving dangerous substances.

The same substance can therefore give rise to duties under both regimes.

For example, routine employee exposure to a hazardous chemical may need to be controlled under COSHH, while a sufficiently large inventory could also contribute to COMAH status and major-accident scenarios.

See our COSHH Regulations guide for further information.

 

Who enforces COMAH in Great Britain?

COMAH is enforced by a joint Competent Authority.

For most establishments this consists of HSE together with the relevant environmental regulator:

  • England – HSE and the Environment Agency.
  • Scotland – HSE and the Scottish Environment Protection Agency.
  • Wales – HSE and Natural Resources Wales.

For nuclear establishments, the Office for Nuclear Regulation may perform the health and safety role alongside the relevant environmental regulator.

The Competent Authority inspects COMAH establishments and assesses the arrangements operators have put in place to prevent and mitigate major accidents.

 

Can I find out whether a site is covered by COMAH?

Yes. HSE maintains a public information system for operational establishments subject to the COMAH Regulations.

The public information includes details supplied by operators about the establishment, its activities, dangerous substances and measures for controlling major-accident hazards.

Upper-tier establishments are required to provide additional information reflecting their greater major-accident potential.

 

Does COMAH 2015 apply in Northern Ireland?

The Control of Major Accident Hazards Regulations 2015 discussed on this page apply in Great Britain.

Northern Ireland has separate legislation: the Control of Major Accident Hazards Regulations (Northern Ireland) 2015.

In Northern Ireland, a joint Competent Authority enforces COMAH, comprising the Health and Safety Executive for Northern Ireland and the Northern Ireland Environment Agency.

Businesses operating in Northern Ireland should therefore check the HSENI requirements applicable to their establishment.

 

How can Chemstore support storage at COMAH establishments?

Chemstore designs and manufactures hazardous material storage solutions that can form part of the prevention and mitigation measures identified by COMAH operators and their competent advisers.

For larger or more complex inventories, Chemstore provides bespoke chemical warehouses that can be configured to site-specific requirements, including segregation, bunding, fire-rated construction, ventilation, temperature control, monitoring, and access arrangements.

For flammable inventories, the Firevault range provides dedicated fire-rated hazardous material storage options.

The required storage specification should be determined from the dangerous substances, quantities, credible accident scenarios and the site’s wider major-hazard assessment.

Chemstore storage equipment does not replace the operator’s duties under COMAH and should not be treated as making an establishment automatically compliant.

 

Where can I read the official COMAH requirements?

The Health and Safety Executive and UK legislation website provide the primary sources for COMAH requirements in Great Britain.

 

Important information

This page provides general information about the Control of Major Accident Hazards Regulations 2015 in Great Britain. It does not replace the Regulations, HSE guidance, Schedule 1 calculations, a Major Accident Prevention Policy, safety report, site-specific risk assessment or advice from a competent person.

Whether COMAH applies, the tier of an establishment and the measures required should always be determined from the dangerous substances, classifications, quantities, processes and major-accident hazards associated with the individual site.