The chemicals industry is set to benefit from more effective, less burdensome enforcement of regulation following government consultation.

Reforms include plans to integrate inspection regimes, provide greater support to companies who are considering growing their business, and to set out more transparent appeals mechanisms. This will help provide firms with greater certainty and more efficient regulation, enabling them to plan more effectively and concentrate on meeting business objectives.

The Focus on Enforcement review examined the industry’s day-to-day experience of regulation and gathered views on how current enforcement practices could be reformed to remove unnecessary red tape. The review focused in particular on how the Control of Major Accident Hazards (COMAH) regulations are enforced.

Responding to issues raised by the sector, the Health and Safety Executive and Environment Agency will also improve the transparency of charging; provide greater assistance for companies moving into the COMAH regime; increase consistency in inspections; and establish clearer links between company performance and inspection frequency.

Enterprise Minister Michael Fallon said:

The chemicals industry is a driver of growth, jobs and innovation, and we can’t afford to weigh firms down with bureaucracy. We must regulate firms in a way that helps them prosper, weeding out unnecessary hindrance or uncertainty while promoting the highest standards.

The reforms announced today will provide clarity and consistency for hard-pressed businesses, and help regulators focus on maintaining vital safety safeguards for the public.

Steve Elliott, Chief Executive, Chemical Industries Association said:

We believe this review is good news for the chemical industry and the regulation of businesses, making an essential contribution towards the UK’s economic recovery and growth.

The Health and Safety Executive (HSE) and Environment Agency (EA), which jointly form the Competent Authority for the sector, have undertaken to:

  •  co-ordinate their activities more closely, providing more consistent messages and greater efficiency to operators
  •  reduce visits, burdens and the scope for duplication or contradiction by integrating some of their inspection regimes
  •  increase transparency in the cost recovery that applies to inspections, setting out performance standards and appeals mechanisms
  •  review appeals mechanisms, and publish quarterly, anonymised data on appeals and their success to increase transparency and confidence
  •  provide site level account managers as a single interface with the two main regulators
  •  develop an approach with industry that can take greater account of company performance in planning the frequency and level of inspections
  •  work with industry to review some of the core processes and paperwork in the regime to identify improvements that will reduce business burdens
  •  hold an industry summit to agree the detail of the improvement programme and secure full industry participation in delivery

Gordon MacDonald, chair of the COMAH Competent Authority Strategic Management Group, said:

The Competent Authority welcomes the findings of this review and looks forward to continuing work with industry to further improve the effectiveness of the regulatory regime for major hazards. Effective risk management and control lies at the heart of a successful chemical business and supports growth, employment, profitability and innovation.

The full review findings are at:
http://discuss.bis.gov.uk/focusonenforcement/