Rank: Guest 
|
Posted By Debbie S
We recently had a small chemical spill when a FLT operator put his forks through the side of a 205 litre drum of a 6.1 class chemical (adhesive). The majority of the drum unfortunately went on the floor of an open canopy as the operator decided to remove the forks from the hole. This incident happened at 1900hrs
We dealt with it according to our procedures (used registered company to remove contamianted granules etc from site) and reported it to RIDDOR at midday the following day. The local Environmental Health came and did a check (we are on a multi user site) and has written to say that I should have reported it immediately to them when it happened.
Is this correct? I need to reply to him and don't want to upset him (he found nothing else wrong with our records/ risk assessments etc)
Thanks
|
|
|
|
|
|
Rank: Guest
|
Posted By Mike Draper
You should report by the "quickest practicable means", so technically your EHO is right, but no-one is expected to keep unreasonable hours, so first thing the following morning should have kept him happy.
Once you know there has been an incident, aside from making sure that the immediate needs have been addressed (injuries treated, spills contained, etc.) you should determine whether the incident needs to be reported and then make the report.
As far as I know the HSE are not unreasonable if you don't have all the details straight away.
|
|
|
|
|
|
Rank: Guest
|
Posted By garyh
I don't think it is actually reportable under RIDDOR. This was not a flammable substance (note class 6.1 Toxic is a Transport of Dangerous Goods category, not CHIP) and unless someone was in immediate danger (unlikely from an adhesive) I would not report under RIDDOR. It may however have been reportable to the EA under PPC or other Environmental regs as an "incident with the potential to cause environmental harm etc".
This sounds cynical, but reporting things which technically don't need reporting gets you unwelcome attention. This is especially so if you inform the wrong body - whoever it is will not be reassured that you are a "safe pair of hands" if you have reported incorrectly!
Regretably EA and HSE sometimes slap your hand when you hold it up, so I would only do so if I was sure that it was reportable.
In addition, some organisations have as "KPIs" reports such as RIDDOR reports. If you report things "to be on the safe side" your performance looks bad! The moral is report only what is actually reportable!
I repeat again what I have said many times - we are paid to manage Safety, not just tick boxes.
|
|
|
|
|
|
Rank: Guest
|
Posted By Adrian Watson
Dear Debbie,
Under RIDDOR 1995, Regulation 3 (1) e
3.—(1) Subject to regulation 10, where there is a dangerous occurrence, the responsible person shall (i) forthwith notify the relevant enforcing authority thereof by the quickest practicable means; and
(ii) Within 10 days send a report thereof to the relevant enforcing authority on a form approved for the purposes of this sub-paragraph, unless within that period he makes a report thereof to the Executive by some other means so approved.
The spill of an adhesive may have had to be notified as a dangerous occurence because of paragraph 20 or 21 of Schedule 2 depending upon whether it was flammable or toxic.
Paragraph 20 states:
Escape of flammable substances
20 -(1) The sudden, uncontrolled release—
(a) inside a building—
- (i) of 100 kilograms or more of a flammable liquid,
- (ii) of 10 kilograms or more of a flammable liquid at a temperature above its normal boiling point, or
- (iii) of 10 kilograms or more of a flammable gas; or
(b) in the open air, of 500 kilograms or more of any of the substances referred to in sub-paragraph (a) above.
(2) In this paragraph, "flammable liquid" and "flammable gas" mean respectively a liquid and a gas so classified in accordance with regulation 5(2), (3) or (5) of the Chemicals (Hazard Information and Packaging for Supply) Regulations 1994[28].
Paragraph 21 states:
Escape of substances
21. The accidental release or escape of any substance in a quantity sufficient to cause the death, major injury or any other damage to the health of any person.
You can show that you complied with the regulations if you show that you had reported the incident by the quickest practical means, i.e. phone or fax, after you had identified that the substance was a flammable liquid; then, calculated the amount of the flammable liquid (if applicable) spilt; and then, determined whether the amount of substance spilled was sufficient to cause death, a major injury or any other damage to the health of any person.
Regards Adrian
|
|
|
|
|
|
Rank: Guest
|
Posted By Fred Pratley
Debbie,
Your post says the accident happened under an open canopy - presumably this is outside a building? If so then as Adrian ably quoted, then surely 500kg threshold for release applies and it is non-reportable? Also if there was no immediate risk of injury, or harm to health, again non-reportable?
On the environment side, presumably the adhesive did not, and was not likely to cause a significant pollution incident by entering a sewer. And assuming you are in an industrial setting, if the adhesive had entered a surface drain (to soakaway) would there have been a true problem. If you are sitting on an SSI or other vulnerable water resource, then your EHO may have a point on the need for immediate reporting.
I would suggest that you reply to your EHO and advise him that, it is your company's policy to work closely with the local authority, and to be legally compliant at all times.
Could he therefore expand his comments regarding the need for immediate reporting and what action he believes you should have taken in this instance? Could he also confirm that you were correct in reporting the incident, and advise the relevant RIDDOR section that applies?
Hope this helps
Fred
|
|
|
|
|
|
Rank: Guest
|
Posted By Andrew Brown Debbie All incidents are reportable to the incident contact centre (ICC) only. see this link http://www.riddor.gov.uk/info.htmlOnce you have reported it there you have fulfilled the requirements of RIDDOR. The contact centre then forward to HSE or the relevant local authority. I think your LA inspector is wrong. The whole point of the contact centre was a single national point of contact for reporting incidents. Sounds like he wants an 'unofficial local arrangement' which allows him to get round double quick in case there is a nick in it for him. Personally i would respond in writing quoting the (ICC) website and ask him to confirm his request for reporting to his office in writing as i think he has no legal basis for his request for you to inform his department directly. I would resist informing by this route in future as well. As HSE wrote RIDDOR and set up the ICC you could ring there infoline for clarification too. Let us know if he backs down
|
|
|
|
|
|
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.