Control of Major Accident Hazards—regulation and enforcement
Control of Major Accident Hazards—regulation and enforcement

The following Environment guidance note provides comprehensive and up to date legal information covering:

  • Control of Major Accident Hazards—regulation and enforcement
  • Brexit impact
  • Legislative framework
  • What are the main changes introduced by COMAH 2015?
  • COMAH 2015—scope
  • General duties on all operators
  • Upper tier duties
  • Information
  • Competent authority
  • Enforcement
  • more

The Control of Major Accident Hazards Regulations 2015 (COMAH 2015), SI 2015/483, aim to prevent major work place accidents occurring and put in place controls, so that should an accident happen, the effects on people and the environment are mitigated.

COMAH 2015 works by setting out basic duties that all obligated sites/businesses must abide by and also provides a tiered system, with stricter controls, for those businesses handling quantities of dangerous substances over the designated thresholds.

Brexit impact

As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this content. For further guidance, see: Brexit—impact on environmental law and Brexit Bulletin—key updates, research tips and resources.

Health and Safety (Amendment) (EU Exit) Regulations

The Health and Safety (Amendment) (EU Exit) Regulations 2018, SI 2018/1370, effective on the implementation period completion day, make changes to address failures of retained EU law, such as substituting references from ‘Member State’ to ‘countries’. Regulation 11 deals with COMAH 2015 and the omission of COMAH 2015, Schedule 5.

For more on the commencement of Brexit SIs, see: Brexit legislation tracker — Brexit SIs—commencement.

Legislative framework

COMAH 2015, received Royal Assent