Introduction
Process engineers must work within the law and local regulations. The following is a list of major legislation and regulations most directly affecting chemical engineers in the UK. The majority originate in the European Union (EU); hence similar regulations will be in place in other EU countries.
No list can be definitive. In particular, certain industries have their own specific regulations – e.g. control of radiological or asbestos hazards. Further information on each of the items on the list below can be obtained from the UK government HSE website.
Health and Safety at Work Act 1974
The Health and Safety at Work Act 1974, is the primary piece of legislation covering health and safety at the workplace in the UK. It lays down general principles for managing health and safety in the workplace. The Act defines duties on employers, employees, contractors and suppliers.
One of its key provisions was to establish the Health and Safety Executive who are responsible for enforcing the act. The Act is the main means in the UK of complying with European directives on health and safety at work.
Pollution Prevention and Control Act 1999
The purpose of the Pollution Prevention and Control Act was to reduce industrial pollution. It applies to both new plants as well as modifications to old ones. It needs to be considered in a range of industries employing chemical engineers, including power stations, paper manufacture, food processing, as well as the general chemicals industry.
The engineer has to show that they have used the “Best Available Techniques (BAT)” to reduce (or preferably avoid) pollution from their process. As technology improves, what is considered to be “Best Available Techniques” will change over time? The Act implements the EU Council Directive 96/61/EC.
Chemical (Hazard Information and Packing for Supply) Regulations (CHIP)
CHIP applies to suppliers of dangerous chemicals. It aims to protect people and the environment from the effects of those chemicals. CHIP requires the supplier to:
- Identify the hazards (dangers) of the chemical. This information must be given to the user – in the form of a Material Safety Datasheet (MSDS);
- Package the chemical safely.
Although CHIP applies to most chemicals, it doesn’t apply to all of them. For example, cosmetics and medicines are outside its scope as they are covered by their own specific laws. The Regulation originates in the EU as the Dangerous Substances Directive (67/548/EEC).
Construction (Design and Management) (CDM) Regulations
CDM aims to improve health and safety during construction. It places duties on clients, managers, designers, as well as construction staff to ensure that building projects on conducted safely. Process engineers usually fall into the ‘designers’ role within the CDM Regulations. Under CDM, the designer must:
- design the plant such that it can be built and maintained safely;
- provide information on the remaining risks which might endanger people – this has to be included in the project health and safety file;
- Ensure that the client is aware of duties under CDM and that a CDM co-ordinator has been appointed.
Control of Major Accident Hazards Regulations (COMAH)
Control of Major Accident Hazards Regulations 1999 (COMAH) and amended by the Control of Major Accident Hazards (Amendment) Regulations 2005.
The aim of COMAH is to reduce the risks of major accidents involving dangerous chemicals and applies to any establishment handling large quantities of industrial chemicals. Any plant covered must have a Major Accident Prevention Policy in place signed off by the managing director. In addition, all “top tier” COMAH plants must produce a full safety report. This has to demonstrate that all necessary measures have been taken to minimise risks both to the environment and local populations.
The COMAH Regulations implement the EU Directive 96/82/EC known as the Seveso II Directive, as amended by Directive 2003/105/EC which was introduced as a result of the Seveso disaster in the 1970’s.
Control of Substances Hazardous to Health (COSHH) Regulations
The Control of Substances Hazardous to Health Regulations 2002 (COSHH) were introduced to protect people’s health from exposure to chemicals or other hazardous substances at work. COSHH compliments CHIP (see above).
When using chemicals, the law requires employers to control exposure to hazardous substances to prevent ill health. Employers must be able to demonstrate that they have assessed the risk and then ensured that suitable control measures are in place.
See also REACH (Registration, Evaluation, Authorisation and restriction of Chemicals), a European Union Regulation addressing the production and use of chemical substances. Whilst COSHH is focused on the user of the chemical, REACH places duties on the manufacturer (or importer).
Dangerous Substances and Explosive Atmospheres Regulations (DSEAR)
DSEAR provides protection from the risks of fires and explosions. These risks can arise from a variety of materials including solvents, paints, varnishes, flammable gases (e.g. LPG) and dusts.
DSEAR requires employers to firstly find out what fire and explosion risks exist in the workspace. They are then expected to ensure that these risks are either controlled or, ideally, removed.
Any work place handling flammable materials must have plans in place to deal with accidents involving these chemicals. In addition, employees must understand the risks involved and be trained to deal with them. Any areas where explosive atmospheres can occur should be identified and ignition sources removed.
DSEAR is the UK implementation of the European Union ATEX directive.
Lifting Operations and Lifting Equipment Regulations (LOLER)
The Lifting Operations and Lifting Equipment Regulations (LOLER) aims to reduce the risks from lifting (see also (PUWER below). Any lifting equipment provided should be fit-for-purpose and marked with its safe working loads. It should be used it a safe manner (e.g. position / installed correctly) by competent people. The lifting equipment should be subjected to ongoing inspection to ensure that it remains safe to use.
The definition of lifting equipment is a wide one and includes any equipment used at work for lifting or lowering loads. LOLER cover equipment including, cranes, fork-lift trucks, lifts, hoists, mobile elevating work platforms, and vehicle inspection platform hoists.
Provision and Use of Work Equipment Regulations 1998 (PUWER)
Provision and Use of Work Equipment Regulations (PUWER) covers the risks to health and safety from equipment. Generally it applies to any equipment – such as cutting tools (some equipment have their own specific regulation, for example LOLER covering lifting equipment – see above).
PUWER requires that equipment used is fit-for-purpose, well maintained and regularly inspected. It should be fitted with appropriate safety measures – e.g. guards, protective markings. Anyone using the equipment must be adequately trained.
The Confined Spaces Regulations 1997
The Confined Spaces Regulations 1997 apply where workers have to enter a confined space – i.e. an area which is at least partially enclosed. These regulations state that personnel access should be avoided, if at all possible. If entry is unavoidable, a safe system of work is required. In addition, there must be emergency arrangements in place before work can start.
Ionising Radiation Regulations 1999 (IRR99)
The Ionising Radiation Regulations (IRR99) apply to: work with ionising radiation. This includes: work with radioactive substances, work with electrical equipment emitting ionising radiation as well as work with natural radiation (such as exposure to naturally occurring radon gas).
Exposure to ionising radiations must be kept as low as reasonably practicable and must not exceed specified dose limits. Preferably restriction of exposure should be achieved by good design. If this is not possible, exposure can be limited by the use of safe systems of work and, as a last resort, the wearing of personal protective equipment.
