Control of Major Accident Hazards (Amendment) Regulations,

L.N. 6 of 2005

OCCUPATIONAL HEALTH AND SAFETY

AUTHORITY ACT

(CAP. 424)

Control of Major Accident Hazards (Amendment) Regulations,

IN exercise of the powers conferred by article 12 of the

Occupational Health and Safety Authority Act, the Minister for

Education, Youth and Employment, after consultation with the Deputy

Prime Minister and Minister for Justice and Home Affairs, the Minister

for Rural Affairs and the Environment and the Occupational Health

and Safety Authority, has made the following regulations>-

(1) The title of these regulations is the Control of Major Citation and scope.

Accident Hazards (Amendment) Regulations, 2005, and they shall be

read and construed as one with the Control of Major Accident Hazards

Regulations, 2003, herein referred to as “the principal regulations”.

L.N. 37 of 2003.

(2) The scope of these regulations is the implementation of

Directive 2003#105#EC of the European Parliament and of the Council

amending Council Directive 96#82#EC on the control of major-accident

hazards involving dangerous substances.

The following paragraph shall be inserted immediately after Amends regulation

2 of the principal

the first paragraph of regulation 2 of the principal regulations>

regulations.

“The scope of these Regulations is the implementation of

European Council Directive 96#82#EC on the control of major

accident hazards involving dangerous substances.”.

Regulations 2 and 3(1)

DANGEROUS SUBSTANCES TO WHICH THE REGULATIONS APPLY

Part 1

Introduction

1. This Schedule applies to the presence of dangerous substances at any establishment and

determines the application of the relevant regulations in accordance with regulation 3(1).

2. Mixtures and preparations shall be treated in the same way as pure substances provided they

remain within the concentration limits set according to their properties under the relevant provisions

specified in Part 3, Note 1, unless a percentage composition or other description is specifically given.

3. The qualifying quantities set out in Parts 2 and 3 relate to each establishment.

4. The quantities to be considered for the application of the relevant regulations are the maximum

quantities which are present at any one time. Dangerous substances present at an establishment only

in quantities equal to or less than 2 per cent of the relevant qualifying quantity shall be ignored for the

purposes of calculating the total quantity present if their location within an establishment is such that

it cannot act as an initiator of a major accident elsewhere on site.

5. The rules given in Part 3, Note 4 governing the addition of dangerous substances, or categories of

dangerous substances, shall apply where appropriate.

6. For the purposes of these Regulations, a gas is any substance that has an absolute vapour pressure

equal to or greater than 101.3 kPa at a temperature of 20 °C.

7. For the purposes of these Regulations, a liquid is any substance that is not defined as a gas and that

is not in the solid state at a temperature of 20 °C and at a standard pressure of 101.3kPa.

Part 2

Named Substances

Where a substance or group of substances listed in this Part also falls within a category of Part 3, the

qualifying quantities set out in this Part must be used.

Column 1

Column 2

Column 3

Dangerous substances

Quantity in tonnes

Ammonium nitrate (as described in Note 1 of this Part)

5,000

10,000

Ammonium nitrate (as described in Note 2 of this Part)

1,250

5,000

Ammonium nitrate (as described in Note 3 of this Part)

2,500

Ammonium nitrate (as described in Note 4 of this Part)

Potassium nitrate (as described in Note 5 of this Part)

5,000

10,000

Potassium nitrate (as described in Note 6 of this Part)

Arsenic pentoxide, arsenic (V) acid and/or salts

Arsenic trioxide, arsenious (III) acid and/or salts

Bromine

Chlorine

Nickel compounds in inhalable powder form (nickel monoxide,

nickel dioxide, nickel sulphide, trinickel disulphide, dinickel

trioxide)

Ethyleneimine

Fluorine

Formaldehyde (concentration =>90%)

Hydrogen

Hydrogen chloride (liquefied gas)

Lead alkyls

Liquefied extremely flammable gases (including LPG) and natural

gas (whether liquefied or not)

Acetylene

Ethylene oxide

Propylene oxide

Methanol

4, 4-Methylenebis (2-chloraniline) and/or salts, in powder form

Methylisocyanate

Oxygen

Toluene diisocyanate

Carbonyl dichloride (phosgene)

Arsenic trihydride (arsine)

Phosphorus trihydride (phosphine)

Sulphur dichloride

Sulphur trioxide

Polychlorodibenzofurans and polychlorodibenzodioxins (including

TCDD), calculated in TCDD equivalent

The following CARCINOGENS at concentrations above 5 % by

weight

4-Aminobiphenyl and/or its salts, Benzotrichloride,

Benzidine and/or salts, Bis (chloromethyl) ether, Chloromethyl

methyl ether, 1,2-Dibromoethane, Diethyl sulphate, Dimethyl

sulphate, Dimethylcarbamoyl chloride, 1,2-Dibromo-3-chloro-

propane, 1,2-Dimethylhydrazine, Dimethylnitrosamine,

Hexamethylphosphoric triamide, Hydrazine, 2- Naphthylamine

and/or salts, 4-Nitrodiphenyl, and 1,3 Propanesultone

Petroleum products

(a) gasolines and naphthas,

(b) kerosenes (including jet fuels),

(c) gas oils (including diesel fuels, home heating oils

and gas oil blending streams)

Notes

1. Ammonium nitrate (5,000/10,000): fertilisers capable of self-sustaining decomposition

This applies to ammonium nitrate-based compound/composite fertilisers (compound/composite

fertilisers containing ammonium nitrate with phosphate and/or potash) in which the nitrogen content

as a result of ammonium nitrate is

— between 15.75 % ( 1 ) and 24.5 % ( 2 ) by weight, and either with not more than 0.4 % total

combustible/organic materials or which fulfil the requirements of the Fertilisers Regulations

2002,

— 15.75 % ( 3 ) by weight or less and unrestricted combustible materials,

and which are capable of self-sustaining decomposition according to the UN Trough Test (see United

Nations Recommendations on the Transport of Dangerous Goods: Manual of Tests and Criteria, Part

III, subsection 38.2).

2. Ammonium nitrate (1,250/5,000): fertiliser grade

This applies to straight ammonium nitrate-based fertilisers and to ammonium nitrate-based

compound/composite fertilisers in which the nitrogen content as a result of ammonium nitrate is

— more than 24.5 % by weight, except for mixtures of ammonium nitrate with dolomite, limestone

and/or calcium carbonate with a purity of at least 90 %,

— more than 15.75 % by weight for mixtures of ammonium nitrate and ammonium sulphate,

— more than 28 % ( 4 ) by weight for mixtures of ammonium nitrate with dolomite, limestone and/or

calcium carbonate with a purity of at least 90 %,

and which fulfil the requirements of the Fertilisers Regulations 2002.

3. Ammonium nitrate (350/2,500): technical grade

This applies to

— ammonium nitrate and preparations of ammonium nitrate in which the nitrogen content as a

result of the ammonium nitrate is

— between 24.5 % and 28 % by weight, and which contain not more than 0.4 % combustible

substances,

— more than 28 % by weight, and which contain not more than 0.2 % combustible substances,

— aqueous ammonium nitrate solutions in which the concentration of ammonium nitrate is more

than 80 % by weight.

4. Ammonium nitrate (10/50): “off-specs” material and fertilisers not fulfilling the detonation test

This applies to

— material rejected during the manufacturing process and to ammonium nitrate and preparations of

ammonium nitrate, straight ammonium nitrate-based fertilisers and ammonium nitrate-based

B

compound/composite fertilisers referred to in notes 2 and 3, that are being or have been returned

from the final user to a manufacturer, temporary storage or reprocessing plant for reworking,

recycling or treatment for safe use, because they no longer comply with the specifications of

Notes 2 and 3;

— fertilisers referred to in Note 1, first indent, and Note 2 which do not fulfil the requirements of

the Fertilisers Regulations 2002.

5. Potassium nitrate (5,000/10,000): composite potassium-nitrate based fertilisers composed of

potassium nitrate in prilled/granular form.

6. Potassium nitrate (1,250/5,000): composite potassium-nitrate based fertilisers composed of

potassium nitrate in crystalline form.

7. Polychlorodibenzofurans and polychlorodibenzodioxins

The quantities of polychlorodibenzofurans and polychlorodibenzodioxins are calculated using the

following factors

International Toxic Equivalent Factors (ITEF) for the congeners of concern (NATO/CCMS)

2, 3, 7, 8-TCDD

1, 2, 3, 7, 8-PeDD

0.5

1,2,3,4,7,8-HxCDD

0.1

1,2,3,6,7,8-HxCDD

1,2,3,7,8,9-HxCDD

1, 2, 3, 4, 6, 7, 8-HpCDD

0.01

OCDD

0.001

2, 3, 7, 8-TCDF

0.1

2, 3, 4, 7, 8-PeCDF

0.5

1, 2, 3, 7, 8-PeCDF

0.05

1, 2, 3, 4, 7, 8-HxCDF

1, 2, 3, 7, 8, 9-HxCDF

0.1

1, 2, 3, 6, 7, 8-HxCDF

2, 3, 4, 6, 7, 8-HxCDF

1, 2, 3, 4, 6, 7, 8-HpCDF

0.01

1, 2, 3, 4, 7, 8, 9-HpCDF

OCDF

0.001

(T=tetra, Pe=penta, Hx=hexa, Hp=hepta, O=octa)

( 1 ) 15.75 % nitrogen content by weight as a result of ammonium nitrate corresponds to 45 %

ammonium nitrate.

( 2 ) 24.5 % nitrogen content by weight as a result of ammonium nitrate corresponds to 70 %

ammonium nitrate.

( 3 ) 15.75 % nitrogen content by weight as a result of ammonium nitrate corresponds to 45 %

ammonium nitrate.

( 4 ) 28 % nitrogen content by weight as a result of ammonium nitrate corresponds to 80 % ammonium

nitrate.

Part 3

Categories of Substances and Preparations not specifically named in Part 2

Column 1

Column 2

Column 3

Categories of dangerous substances

Quantity in tonnes

1. VERY TOXIC

2. TOXIC

3. OXIDISING

4. EXPLOSIVE (see Note 2)

where the substance, preparation or article falls under

UN/ADR Division 1.4

5. EXPLOSIVE (see Note 2)

where the substance, preparation or article falls under any

of: UN/ADR Divisions 1.1, 1.2, 1.3, 1.5 or 1.6 or risk

phrase R2 or R3

6. FLAMMABLE (where the substance or preparation falls

5,000

50,000

within the definition given in Note 3(a))

7a. HIGHLY FLAMMABLE (where the substance or

preparation falls within the definition given in Note 3(b)(i))

7b. HIGHLY FLAMMABLE liquids (where the substance

or preparation falls within the definition given in Note

5,000

50,000

3(b)(ii))

8. EXTREMELY FLAMMABLE (where the substance

orpreparation falls within the definition given in Note 3(c))

9. DANGEROUS FOR THE ENVIRONMENT risk

phrases

i) R50: “Very toxic to aquatic organisms” (including

R50/53)

ii) R51/53: “Toxic to aquatic organisms; may cause long

term adverse effects in the aquatic environment”

10. ANY CLASSIFICATION not covered by those given

above in combination with risk phrases

(i) R14: "Reacts violently with water" (including R14/15)

(ii) R29: "in contact with water, liberates toxic gas"

B

Notes

1. Substances and preparations are classified according to the following Directives and their current

adaptation to technical progress

Council Directive 67/548/EEC of 27 June 1967 on the approximation of the laws, regulations and

administrative provisions relating to the classification, packaging and labelling of dangerous

substances,

Directive 1999/45/EC of the European Parliament and of the Council of 31 May 1999 concerning

the approximation of laws, regulations and administrative provisions of the Member States

relating to the classification, packaging and labelling of dangerous preparations.

In the case of substances and preparations which are not classified as dangerous according to

either of the above directives, for example waste, but which nevertheless are present, or are likely

to be present, in an establishment and which possess or are likely to possess, under the conditions

found at the establishment, equivalent properties in terms of major-accident potential, the

procedures for provisional classification shall be followed in accordance with the relevant article

of the appropriate Directive.

In the case of substances and preparations with properties giving rise to more than one

classification, for the purposes of these Regulations the lowest qualifying quantities shall apply.

However, for the application of the rule in Note 4, the qualifying quantity used shall always be the

one corresponding to the classification concerned.

2. An “explosive” means

— a substance or preparation which creates the risk of an explosion by shock, friction, fire or

other sources of ignition (risk phrase R2),

— a substance or preparation which creates extreme risks of explosion by shock, friction, fire or

other sources of ignition (risk phrase R3), or

— a substance, preparation or article covered by Class 1 of the European Agreement concerning

the International Carriage of Dangerous Goods by Road (UN/ADR), concluded on 30 September

1957, as amended, as transposed by Council Directive 94/55/EC of 21 November 1994 on the

approximation of the laws of the Member States with regard to the transport of dangerous goods

by road.

Included in this definition are pyrotechnics, which for the purposes of these Regulations are

defined as substances (or mixtures of substances) designated to produce heat, light, sound, gas or

smoke or a combination of such effects through self-sustained exothermic chemical reactions.

Where a substance or preparation is classified by both UN/ADR and risk phase R2 or R3, the

UN/ADR classification shall take precedence over assignment of risk phrases.

Substances and articles of Class 1 are classified in any of the divisions 1.1 to 1.6 in accordance

with the UN/ADR classification scheme. The divisions concerned are

Division 1.1: “Substances and articles which have a mass explosion hazard (a mass explosion is

an explosion which affects almost the entire load virtually instantaneously).”

Division 1.2: “Substances and articles which have a projection hazard but not a mass explosion

hazard.”

Division 1.3: “Substances and articles which have a fire hazard and either a minor blast hazard or

a minor projection hazard or both, but not a mass explosion hazard

(a) combustion of which gives rise to considerable radiant heat; or

(b) which burn one after another, producing minor blast or projection effects or both.”

Division 1.4: “Substances and articles which present only a slight risk in the event of ignition or

initiation during carriage. The effects are largely confined to the package and no projection of

fragments of appreciable size or range is to be expected. An external fire shall not cause virtually

instantaneous explosion of virtually the entire contents of the package.”

Division 1.5: “Very insensitive substances having a mass explosion hazard which are so

insensitive that there is very little probability of initiation or of transition from burning to

detonation under normal conditions of carriage. As a minimum requirement they shall not

explode in the external fire test.”

Division 1.6: “Extremely insensitive articles which do not have a mass explosion hazard. The

articles contain only extremely insensitive detonating substances and demonstrate a negligible

probability of accidental initiation or propagation. The risk is limited to the explosion of a single

article.”

Included in this definition are also explosive or pyrotechnic substances or preparations contained

in articles. In the case of articles containing explosive or pyrotechnic substances or preparations,

if the quantity of the substance or preparation contained is known, that quantity shall be

considered for the purposes of these Regulations. If the quantity is not known, then, for the

purposes of these Regulations, the whole article shall be treated as explosive.

3. "Flammable", "highly flammable", and "extremely flammable" in categories 6, 7 and 8 mean

(a) flammable liquids –

substances and preparations having a flash point equal to or greater than 21°C and less

than or equal to 55°C (risk phrase R 10), supporting combustion;

(b) highly flammable liquids –

(i) -substances and preparations which may become hot and finally catch fire in contact

with air at ambient temperature without any input of energy (risk phrase R 17),

-substances and preparations which have a flash point lower than 55°C and which

remain liquid under pressure, where particular processing conditions, such as high

pressure or high temperature, may create major-accident hazards;

(ii) substances and preparations having a flash point lower than 21°C and which are not

extremely flammable (risk phrase R 11, second indent);

B

(c) extremely flammable gases and liquids –

(i) liquid substances and preparations which have a flash point lower than 0°C and the

boiling point (or, in the case of a boiling range, the initial boiling point) of which at

normal pressure is less than or equal to 35°C (risk phrase R 12, first indent), and

(ii) gases which are flammable in contact with air at ambient temperature and pressure

(risk phrase R12, second indent), which are in a gaseous or supercritical state, and

(iii) flammable and highly flammable liquid substances and preparations maintained at a

temperature above their boiling point.

4. In the case of an establishment where no individual substance or preparation is present in a

quantity above or equal to the relevant qualifying quantities, the following rule shall be applied to

determine whether the establishment is covered by the relevant requirements of these

Regulations.

These Regulations shall apply if the sum

q 1 /Q U1 + q 2 /Q U2 + q 3 /Q U3 + q 4 /Q U4 + q 5 /Q U5 +... is greater than or equal to 1,

where q x = the quantity of dangerous substance x (or category of dangerous substances) falling

within Parts 2 or 3 of this Schedule,

and Q UX = the relevant qualifying quantity for substance or category x from column 3 of Parts 2

or 3.

These Regulations shall apply, with the exception of Regulations 8, 10 and 12, if the sum

q 1 /Q L1 + q 2 /Q L2 + q 3 /Q L3 + q 4 /Q L4 + q 5 /Q L5 +... is greater than or equal to 1,

where q x = the quantity of dangerous substance x (or category of dangerous substances) falling

within Parts 2 or 3 of this Schedule,

and Q LX = the relevant qualifying quantity for substance or category x from column 2 of Parts 2

or 3.

This rule shall be used to assess the overall hazards associated with toxicity, flammability, and

eco-toxicity. It must therefore be applied three times

(a) for the addition of substances and preparations named in Part 2 and classified as toxic or

very toxic, together with substances and preparations falling into categories 1 or 2;

(b) for the addition of substances and preparations named in Part 2 and classified as oxidising,

explosive, flammable, highly flammable, or extremely flammable, together with substances

and preparations falling into categories 3, 4, 5, 6, 7a, 7b or 8;

(c) for the addition of substances and preparations named in Part 2 and classified as dangerous

for the environment (R50 (including R50/53) or R51/53), together with substances and

preparations falling into categories 9(i) or 9(ii);

The relevant provisions of these Regulations apply if any of the sums obtained by (a), (b) or (c) is

greater than or equal to 1.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press

For paragraphs (e) and (f) of sub-regulation (2) of regulation Amends regulation

4 of the principal

4 of the principal regulations, there shall be substituted the following> regulations.

“(e) the exploitation (exploration, extraction and processing)

of minerals in mines, quarries, or by means of boreholes, with the

exception of chemical and thermal processing operations and

storage related to those operations which involve dangerous

substances, as defined in Schedule 1<

(f) the offshore exploration and exploitation of minerals,

including hydrocarbons<

(g) waste land-fill sites, with the exception of operational

tailings disposal facilities, including tailing ponds or dams,

containing dangerous substances as defined in Schedule 1, in

particular when used in connection with the chemical and thermal

processing of minerals.”.

Regulation 6 of the principal regulations shall be amended as

(i) immediately at the end of sub-regulation (1) thereof, there

shall be added the following new paragraph>

“(c) Within three months after the date on which these

regulations apply to the establishment concerned, or other

period as may be agreed in writing by the Authority, for

establishments which subsequently fall within the scope of

these regulations as laid down in regulation 4(1), the operator

of the establishment shall send to the competent authority a

notification containing the information specified in sub-

regulation (2).”< and

(ii) immediately at the end of paragraph (b) in sub-

regulation (3) thereof, there shall be added the following new sub-

paragraph>

“(iv) modification of an establishment or an installation

which could have significant repercussions on major accident

hazards<”.

The following new paragraph shall be inserted immediately

at the end of sub-regulation (1) of regulation 7 of the principal

regulations>

“(c) for establishments which subsequently fall within the

scope of these regulations, the document referred to in this sub-

regulation (1) shall be drawn up without delay, but at all events

within three months after the date on which these regulations apply

to the establishment concerned, as laid down in regulation 4(1).”.

Regulation 8 of the principal regulations shall be amended as Amends

8 of the principal

regulations.

(i) for sub-regulation (2) there shall be substituted the

following>

“(2) The safety report shall contain at least the data

and information listed in Schedule 3. It shall name the relevant

organisations involved in the drawing up of the report. It shall

also contain an updated inventory of the dangerous substances

present in the establishment.”<

(ii) immediately at the end of sub-regulation (3) there shall

be added the following new paragraph>

“(d) for establishments which subsequently fall within

the scope of these regulations, without delay, but at all events

within one year after the date on which these regulations apply

to the establishment concerned, as laid down in regulation

4(1).”< and

(iii) in sub-regulation (4), for the words “sub-regulation

(3)(b) and (c)” there shall be substituted the words “sub-regulation

(3)(b), (c) and (d)”.

Regulation 10 of the principal regulations shall be amended Amends

10 of the principal

as follows>

regulations.

(i) immediately following paragraph (ii) of the proviso to

sub-regulation (1) there shall be added the following>

“(iii) for establishments which subsequently fall within

the scope of these regulations, without delay, but at all events

within one year after the date on which these regulations apply

to the establishment concerned, as laid down in this sub-

regulation.”< and

(ii) for sub-regulation (3) there shall be substituted the

following>

“(3) The operator shall ensure that the internal

emergency plans provided for in these regulations are drawn

up in consultation with the personnel working inside the

establishment, including long-term relevant subcontracted

personnel, and that the public is consulted on external

emergency plans when they are established or updated.”.

Regulation 12 of the principal regulations shall be amended

as follows>

(i) in sub-regulation (1) thereof, for paragraph (a) there shall

be substituted the following>

“(a) ensure that persons and all establishments serving

the public (such as schools and hospitals) who are likely to

be affected by a major accident originating in an establishment

covered by regulation 8 are supplied with information on

safety measures and on the requisite behaviour in the event

of a major accident at the establishment, regularly and in the

most appropriate form, without their having to request it<”

and

(ii) for sub-regulation (7) there shall be substituted the

following>

“(7) In the case of establishments subject to the

provisions of regulation 8, the operator shall ensure that the

inventory of dangerous substances provided for in sub-

regulation 8 (2) is made available to the public subject to the

provisions of the first proviso to sub-regulation (6) hereof

and of regulation 19.”.

Sub-regulation (4) of regulation 15 of the principal regulations

shall be renumbered as paragraph (a) thereof, and immediately after

paragraph (a) as renumbered there shall be added the following>

“(b) For establishments covered by these regulations, the

competent authority shall supply the Commission with at least the

following information>

(i) the name or trade name of the operator and the full

address of the establishment concerned< and

(ii) the activity or activities of the establishment.”.

For Schedule 1 to the principal regulations there shall be

substituted the First Schedule in the Schedule to these regulations.

In Schedule 2 of the principal regulations , paragraph 4 shall

be amended as follows>

(i) for paragraph (a) there shall be substituted the following>

“(a) organisation and personnel – the roles and

responsibilities of personnel involved in the management of

major hazards at all levels in the organisation. The

identification of training needs of such personnel and the

provision of the training so identified. The involvement of

employees and of subcontracted personnel working in the

establishment<”< and

(ii) for paragraph (e) there shall be substituted the following>

“(e) planning for emergencies – adoption and

implementation of procedures to identify foreseeable

emergencies by systematic analysis, to prepare, test and review

emergency plans to respond to such emergencies and to

provide specific training for the staff concerned. Such training

shall be given to all personnel working in the establishment,

including relevant subcontracted personnel<”.

In Schedule 3 of the principal regulations, for sub-paragraph Amends Schedule

3 to the principal

(b) of paragraph 4 there shall be substituted the following>

regulations.

“(b) assessment of the extent and severity of the

consequences of identified major accidents, including maps, images

or, as appropriate, equivalent descriptions, showing areas which

are liable to be affected by such accidents arising from the

establishment, subject to the provisions of the first proviso to sub-

regulation 12(6) and of regulation 19<”.

SCHEDULE Regulation 10