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Control of Industrial Major Accident Hazards Regulations 1996

Key Information

Regulations to make further provisions to control major accident hazards related to industrial activities involving hazardous substances, to protect persons and the environment, and to require manufacturers to identify, assess, prevent, and mitigate major accidents.

Source: DOSH - P.U. (A) 39

PART I - PRELIMINARY​

Regulation 1. Citation and commencement​

These regulations may be cited as the Occupational Safety and Health (Control of Industrial Major Accident Hazards) Regulations 1996 and shall come into force on 1 February 1996.
These regulations may be cited as the Occupational Safety and Health (Control of Industrial Major Accident Hazards) Regulations 1996 and shall come into force on 1 February 1996.

Regulation 2. Application​

These Regulations shall apply to all industrial activities except-
These Regulations shall apply to all industrial activities except-
(a) a nuclear installation;
(a)
a nuclear installation;
(b) an installation under the armed forces;
(b)
an installation under the armed forces;
(c) a vehicle or vessel transporting hazardous substances to or from the site of an industrial activity;
(c)
a vehicle or vessel transporting hazardous substances to or from the site of an industrial activity;
(d) an industrial activity in which there is involved or likely to be involved a quantity of hazardous substance or a category or categories of substances which is or are equal or less than ten per cent of the threshold quantity of the hazardous substance or substances.
(d)
an industrial activity in which there is involved or likely to be involved a quantity of hazardous substance or a category or categories of substances which is or are equal or less than ten per cent of the threshold quantity of the hazardous substance or substances.

Regulation 3. Interpretation​

In these Regulations, unless the context otherwise requires -
In these Regulations, unless the context otherwise requires -
“Competent Person” means an employee or any other person who is appointed by the manufacturer and approved in writing by the Director General to prepare a written report pursuant to the requirements of Part IV;
“Competent Person” means an employee or any other person who is appointed by the manufacturer and approved in writing by the Director General to prepare a written report pursuant to the requirements of Part IV;
“further relevant information” for the purpose of Schedule 3, means information which is necessary for the assessment of the potential effects of a major accident and which, in the circumstances of the case-
“further relevant information” for the purpose of Schedule 3, means information which is necessary for the assessment of the potential effects of a major accident and which, in the circumstances of the case-
(a) is reasonably required by an inquirer to assess the risks to his health and safety created by an industrial accident and to know and understand what action he should take in the event of an accident;
(a)
is reasonably required by an inquirer to assess the risks to his health and safety created by an industrial accident and to know and understand what action he should take in the event of an accident;
(b) where the information is to be disclosed by a manufacturer, the information is such as is reasonable for him to disclose having regard to the requirements of the law and his commercial interests;
(b)
where the information is to be disclosed by a manufacturer, the information is such as is reasonable for him to disclose having regard to the requirements of the law and his commercial interests;
“hazardous substance” means-
“hazardous substance” means-
(a) any substance which is within any of the criteria laid down in Schedule 1; or
(a)
any substance which is within any of the criteria laid down in Schedule 1; or
(b) any substance listed in Part 1 of Schedule 2;
(b)
any substance listed in Part 1 of Schedule 2;
“industrial activity” means-
“industrial activity” means-
(a) an operation carried out in an industrial installation referred to in Schedule 4 involving or likely to involve one or more hazardous substances, and includes on-site storage and on-site transport which are associated with the operations; or
(a)
an operation carried out in an industrial installation referred to in Schedule 4 involving or likely to involve one or more hazardous substances, and includes on-site storage and on-site transport which are associated with the operations; or
(b) a storage of hazardous substances or preparations at any place, installation, premises, building or area of land, whether isolated or within an establishment, being a site used for the purpose of storage;
(b)
a storage of hazardous substances or preparations at any place, installation, premises, building or area of land, whether isolated or within an establishment, being a site used for the purpose of storage;
“local authority” means any city council, municipal council, district council, town council, town board, local council, rural board or other similar local authority established by any written law and includes an authority in charge of a Federal Territory established by any written law;
“local authority” means any city council, municipal council, district council, town council, town board, local council, rural board or other similar local authority established by any written law and includes an authority in charge of a Federal Territory established by any written law;
“major accident” means an occurrence including, in particular, a major emission, fire or explosion resulting from uncontrolled development in the course of an industrial activity which leads to serious danger to persons, whether immediate or delayed or inside or outside an installation, or to the environment, and involving one or more hazardous substances;
“major accident” means an occurrence including, in particular, a major emission, fire or explosion resulting from uncontrolled development in the course of an industrial activity which leads to serious danger to persons, whether immediate or delayed or inside or outside an installation, or to the environment, and involving one or more hazardous substances;
“major hazard installation” means an industrial activity which produces, processes, handles, uses, disposes of or stores, whether permanently or temporarily, one or more hazardous substances or a category or categories of hazardous substances in a quantity or quantities which is or are equal to or exceed the threshold quantity, or an industrial activity which is so determined by the Director General in accordance with subregulation 7(2);
“major hazard installation” means an industrial activity which produces, processes, handles, uses, disposes of or stores, whether permanently or temporarily, one or more hazardous substances or a category or categories of hazardous substances in a quantity or quantities which is or are equal to or exceed the threshold quantity, or an industrial activity which is so determined by the Director General in accordance with subregulation 7(2);
“manufacturer” means an employer or occupier having control of an industrial activity;
“manufacturer” means an employer or occupier having control of an industrial activity;
“officer” means an occupational safety and health officer appointed under section 5 of the Act;
“officer” means an occupational safety and health officer appointed under section 5 of the Act;
“port authority” means any port authority established under any written law;
“port authority” means any port authority established under any written law;
“preparation” means a mixture or solution of two or more substances;
“preparation” means a mixture or solution of two or more substances;
“site” means-
“site” means-
(a) the whole of an area of land under the control of a manufacturer and includes a pier, jetty or similar structure, whether floating on water or not; or
(a)
the whole of an area of land under the control of a manufacturer and includes a pier, jetty or similar structure, whether floating on water or not; or
(b) a structure, whether floating on water or not, which is under the control of a manufacturer;
(b)
a structure, whether floating on water or not, which is under the control of a manufacturer;
“threshold quantity” in relation to a given hazardous substance or a category or categories which is or are equal to the amount set out in Schedule 2.
“threshold quantity” in relation to a given hazardous substance or a category or categories which is or are equal to the amount set out in Schedule 2.

Regulation 4. Limitation of power of officer​

All powers conferred and duties imposed upon the Director General under these Regulations may be exercised by an officer except those specified in subregulation 7(2) and regulation 13.
All powers conferred and duties imposed upon the Director General under these Regulations may be exercised by an officer except those specified in subregulation 7(2) and regulation 13.

Regulation 5. Obligations of manufacturer and employee​

(1) Every manufacturer who undertakes an industrial activity shall-
(1)
Every manufacturer who undertakes an industrial activity shall-
(a) comply with the requirements of these Regulations;
(a)
comply with the requirements of these Regulations;
(b) as soon as he becomes aware of an imminent danger which may affect the safety of persons or the environment, take immediate action to rectify the situation;
(b)
as soon as he becomes aware of an imminent danger which may affect the safety of persons or the environment, take immediate action to rectify the situation;
(c) establish and maintain a good management system for controlling any major accident as described in the report made under subregulation 14(1) and regulation 16.
(c)
establish and maintain a good management system for controlling any major accident as described in the report made under subregulation 14(1) and regulation 16.
(2) Every employee shall-
(2)
Every employee shall-
(a) co-operate with the manufacturer in complying with the requirements of these Regulations;
(a)
co-operate with the manufacturer in complying with the requirements of these Regulations;
(b) act in such manner so as not to endanger himself or to cause or be likely to cause bodily injury to himself or to other persons, or damage to life and property;
(b)
act in such manner so as not to endanger himself or to cause or be likely to cause bodily injury to himself or to other persons, or damage to life and property;
(c) notify the manufacturer as soon as he becomes aware of any potential hazard he considers is capable of generating a major accident, and shall have the right to notify an officer of the potential hazard.
(c)
notify the manufacturer as soon as he becomes aware of any potential hazard he considers is capable of generating a major accident, and shall have the right to notify an officer of the potential hazard.

PART II - IDENTIFICATION AND NOTIFICATION OF AN INDUSTRIAL ACTIVITY​

Regulation 6. Application​

This Part shall apply to an industrial activity in which there is involved or likely to be involved a hazardous substance.
This Part shall apply to an industrial activity in which there is involved or likely to be involved a hazardous substance.

Regulation 7. Identification and notification​

(1) Every manufacturer shall-
(1)
Every manufacturer shall-
(a) identify an industrial activity within his control;
(a)
identify an industrial activity within his control;
(b) submit to the Director General the Notification of Industrial Activity Form (hereinafter referred to as the 'Notification') specified in Schedule 5-
(b)
submit to the Director General the Notification of Industrial Activity Form (hereinafter referred to as the 'Notification') specified in Schedule 5-
(i) within three months after the commencement of these Regulations in respect of an existing installation or an installation which is under construction; or
(i)
within three months after the commencement of these Regulations in respect of an existing installation or an installation which is under construction; or
(ii) in respect of a new installation after the commencement of these Regulations, within a month before the construction thereof.
(ii)
in respect of a new installation after the commencement of these Regulations, within a month before the construction thereof.
(2) Upon receiving the Notification, the Director General may determine that the installation-
(2)
Upon receiving the Notification, the Director General may determine that the installation-
(a) is a major hazard installation even though the quantity of the hazardous substance as listed in Part 1 of Schedule 2 or the substances and preparations falling within a category or categories specified in Part 2 of Schedule 2 is or are less than the threshold quantity if, in his opinion, the installation may cause a major accident; or
(a)
is a major hazard installation even though the quantity of the hazardous substance as listed in Part 1 of Schedule 2 or the substances and preparations falling within a category or categories specified in Part 2 of Schedule 2 is or are less than the threshold quantity if, in his opinion, the installation may cause a major accident; or
(b) is not a major hazard installation even though the quantity of the hazardous substance listed in Part 1 of Schedule 2 or the substances and preparations falling within a category or categories specified in Part 2 of Schedule 2 is or are equal to or exceed the threshold quantity if, in his opinion, the installation is incapable of causing a major accident.
(b)
is not a major hazard installation even though the quantity of the hazardous substance listed in Part 1 of Schedule 2 or the substances and preparations falling within a category or categories specified in Part 2 of Schedule 2 is or are equal to or exceed the threshold quantity if, in his opinion, the installation is incapable of causing a major accident.

Regulation 8. Notification of change​

The manufacturer shall immediately notify the Director General of any change in any of the particulars furnished in the Notification including an increase or a reduction in the maximum quantity of any hazardous substance which is or is likely to be at the site or in the pipeline, or the cessation of an industrial activity, by resubmitting the Notification.
The manufacturer shall immediately notify the Director General of any change in any of the particulars furnished in the Notification including an increase or a reduction in the maximum quantity of any hazardous substance which is or is likely to be at the site or in the pipeline, or the cessation of an industrial activity, by resubmitting the Notification.

PART III - DEMONSTRATION OF SAFE OPERATION FOR NON-MAJOR HAZARD INSTALLATION​

Regulation 9. Application​

This Part shall apply to-
This Part shall apply to-
(a) an industrial activity in which there is involved or likely to be involved-
(a)
an industrial activity in which there is involved or likely to be involved-
(i) for a hazardous substance listed in Part 1 of Schedule 2, a quantity of the hazardous substance which is less than the threshold quantity specified therein; or
(i)
for a hazardous substance listed in Part 1 of Schedule 2, a quantity of the hazardous substance which is less than the threshold quantity specified therein; or
(ii) for substances and preparations falling within a category or categories specified in Part 2 of Schedule 2, a total quantity of the substances and preparations in the category or categories which is less than the threshold quantity specified therein and which is not determined as a major hazard installation under paragraph 7(2)(a);
(ii)
for substances and preparations falling within a category or categories specified in Part 2 of Schedule 2, a total quantity of the substances and preparations in the category or categories which is less than the threshold quantity specified therein and which is not determined as a major hazard installation under paragraph 7(2)(a);
(b) an installation which is determined as a non-major hazard installation by the Director General under paragraph 7(2)(b).
(b)
an installation which is determined as a non-major hazard installation by the Director General under paragraph 7(2)(b).

Regulation 10. Demonstration of safe operation​

A manufacturer who has control of an industrial activity to which this Part applies shall, at any time, at the request of the Director General, provide evidence including the production of documents to show that he has-
A manufacturer who has control of an industrial activity to which this Part applies shall, at any time, at the request of the Director General, provide evidence including the production of documents to show that he has-
(a) identified the possible major accident hazards;
(a)
identified the possible major accident hazards;
(b) taken adequate steps to-
(b)
taken adequate steps to-
(i) prevent any major accident or minimize its consequences to persons and the environment; and
(i)
prevent any major accident or minimize its consequences to persons and the environment; and
(ii) provide persons working on the site with the information, training and equipment necessary to ensure their safety;
(ii)
provide persons working on the site with the information, training and equipment necessary to ensure their safety;
(c) prepared and kept up to date an adequate on-site emergency plan detailing how major accidents will be dealt with.
(c)
prepared and kept up to date an adequate on-site emergency plan detailing how major accidents will be dealt with.

Regulation 11. Review of demonstration of safe operation​

The Director General may require the manufacturer to submit documents on the demonstration of the safe operation of his industrial activity prepared in pursuance of regulation 10 and may review the documents; in the event the Director General is of the opinion that the documents submitted are not satisfactory, he shall direct in writing for the manufacturer to provide additional information within such time as he may specify.
The Director General may require the manufacturer to submit documents on the demonstration of the safe operation of his industrial activity prepared in pursuance of regulation 10 and may review the documents; in the event the Director General is of the opinion that the documents submitted are not satisfactory, he shall direct in writing for the manufacturer to provide additional information within such time as he may specify.

PART IV - REPORT ON INDUSTRIAL ACTIVITY AND PREPARATION OF EMERGENCY PLAN FOR MAJOR HAZARD INSTALLATION​

Regulation 12. Application​

This Part shall apply to-
This Part shall apply to-
(a) an industrial activity in which there is involved or likely to be involved-
(a)
an industrial activity in which there is involved or likely to be involved-
(i) for a hazardous substance listed in Part 1 of Schedule 2, a quantity of the hazardous substance which is equal to or exceed the threshold quantity specified therein; or
(i)
for a hazardous substance listed in Part 1 of Schedule 2, a quantity of the hazardous substance which is equal to or exceed the threshold quantity specified therein; or
(ii) for substances and preparations falling within a category or categories specified in Part 2 of Schedule 2, a total quantity of the substances and preparations in the category or categories which is equal to or exceed the threshold quantity specified therein,
(ii)
for substances and preparations falling within a category or categories specified in Part 2 of Schedule 2, a total quantity of the substances and preparations in the category or categories which is equal to or exceed the threshold quantity specified therein,
and which is not determined as a non-major hazard installation by the Director General under paragraph 7(2)(b);
and which is not determined as a non-major hazard installation by the Director General under paragraph 7(2)(b);
(b) an industrial activity which is determined as a major hazard installation by the Director General under paragraph 7(2)(a).
(b)
an industrial activity which is determined as a major hazard installation by the Director General under paragraph 7(2)(a).

Regulation 13. Registration of Competent Person​

(1) The Director General shall specify the qualifications of, and register, the persons to be appointed for the purposes of carrying out the functions of a Competent Person under this Part.
(1)
The Director General shall specify the qualifications of, and register, the persons to be appointed for the purposes of carrying out the functions of a Competent Person under this Part.
(2) The Director General shall maintain a Register of Competent Persons and shall cause to be published annually in the Gazette the names of the persons so registered and the revocation of any such registration.
(2)
The Director General shall maintain a Register of Competent Persons and shall cause to be published annually in the Gazette the names of the persons so registered and the revocation of any such registration.

Regulation 14. Report on industrial activity​

(1) A manufacturer shall not undertake an industrial activity to which this Part applies unless he has consulted a Competent Person to prepare a written report containing the information as specified in Schedule 6, and has sent a copy of the report to the Director General at least three months before commencing the activity or within such shorter period as the Director General may consent in writing.
(1)
A manufacturer shall not undertake an industrial activity to which this Part applies unless he has consulted a Competent Person to prepare a written report containing the information as specified in Schedule 6, and has sent a copy of the report to the Director General at least three months before commencing the activity or within such shorter period as the Director General may consent in writing.
(2) Where a manufacturer–
(2)
Where a manufacturer–
(a) has commenced an industrial activity before the commencement of these Regulations; or
(a)
has commenced an industrial activity before the commencement of these Regulations; or
(b) has commenced construction of an industrial installation for the purpose of an industrial activity six months before the commencement of these Regulations,
(b)
has commenced construction of an industrial installation for the purpose of an industrial activity six months before the commencement of these Regulations,
(3) Where an industrial activity has been determined as a major hazard installation under paragraph 7(2)(a), the manufacturer shall send a copy of the report to the Director General within twelve months from the date of the determination or within such longer period as the Director General may consent in writing.
(3)
Where an industrial activity has been determined as a major hazard installation under paragraph 7(2)(a), the manufacturer shall send a copy of the report to the Director General within twelve months from the date of the determination or within such longer period as the Director General may consent in writing.

Regulation 15. Modification​

(1) Where a manufacturer has made a report in pursuance of subregulation 14(1), he shall not make any modification to the industrial activity to which the report relates which can materially affect the particulars in the report unless he has consulted a Competent Person to prepare a further written report to take into account the modifications and has sent a copy of the report to the Director General at least three months before making the modifications or within such shorter period as the Director General may consent in writing.
(1)
Where a manufacturer has made a report in pursuance of subregulation 14(1), he shall not make any modification to the industrial activity to which the report relates which can materially affect the particulars in the report unless he has consulted a Competent Person to prepare a further written report to take into account the modifications and has sent a copy of the report to the Director General at least three months before making the modifications or within such shorter period as the Director General may consent in writing.
(2) Notwithstanding subregulation (1) a manufacturer shall be entitled to take urgent and remedial action with respect to an industrial activity in order to put an end to or prevent imminent danger to life and property, and shall, as soon as possible, submit a report to the Director General to account for the action taken.
(2)
Notwithstanding subregulation (1) a manufacturer shall be entitled to take urgent and remedial action with respect to an industrial activity in order to put an end to or prevent imminent danger to life and property, and shall, as soon as possible, submit a report to the Director General to account for the action taken.

Regulation 16. Updating of report​

Where a manufacturer has made a report in pursuance of subregulation 14(1) or 15(1) and the industrial activity is continuing, the manufacturer shall within three years from the date of the last report consult a Competent Person to make a further report which shall have regard in particular to new technical knowledge which materially affects the particulars in the previous report relating to safety and development in the knowledge of hazard assessment, and shall within one month after the expiry of the three-year period or within such longer period as the Director General may consent in writing send a copy of the latest report to the Director General.
Where a manufacturer has made a report in pursuance of subregulation 14(1) or 15(1) and the industrial activity is continuing, the manufacturer shall within three years from the date of the last report consult a Competent Person to make a further report which shall have regard in particular to new technical knowledge which materially affects the particulars in the previous report relating to safety and development in the knowledge of hazard assessment, and shall within one month after the expiry of the three-year period or within such longer period as the Director General may consent in writing send a copy of the latest report to the Director General.

Regulation 17. Review of report​

The Director General may review the reports submitted to him pursuant to subregulations 14(1), 15(1) and regulation 16 and shall, if he is of the opinion that the information submitted is not satisfactory, direct the manufacturer in writing to submit further information within such time as he may specify.
The Director General may review the reports submitted to him pursuant to subregulations 14(1), 15(1) and regulation 16 and shall, if he is of the opinion that the information submitted is not satisfactory, direct the manufacturer in writing to submit further information within such time as he may specify.

Regulation 18. On-site emergency plan​

(1) A manufacturer who has control of an industrial activity to which this Part applies shall, after consulting a Competent Person, prepare and keep an up-to-date and adequate on-site emergency plan detailing how major accidents are to be dealt with on the site on which the industrial activity is carried on, and the plan shall include the name of the person who is responsible for safety on the site and the names of those who are authorised to take action pursuant to the plan in the event of an emergency.
(1)
A manufacturer who has control of an industrial activity to which this Part applies shall, after consulting a Competent Person, prepare and keep an up-to-date and adequate on-site emergency plan detailing how major accidents are to be dealt with on the site on which the industrial activity is carried on, and the plan shall include the name of the person who is responsible for safety on the site and the names of those who are authorised to take action pursuant to the plan in the event of an emergency.
(2) The manufacturer shall ensure that the on-site emergency plan prepared in pursuance of subregulation (1) is constantly updated to take into account any material change made in the industrial activity and that every person on the site who is affected by the plan is informed of its relevant provisions.
(2)
The manufacturer shall ensure that the on-site emergency plan prepared in pursuance of subregulation (1) is constantly updated to take into account any material change made in the industrial activity and that every person on the site who is affected by the plan is informed of its relevant provisions.
(3) The manufacturer shall prepare and submit the on-site emergency plan to the Director General–
(3)
The manufacturer shall prepare and submit the on-site emergency plan to the Director General–
(a) at least three months before the commencement of the industrial activity;
(a)
at least three months before the commencement of the industrial activity;
(b) in the case of an industrial activity which has commenced before the commencement of these Regulations, within three months of the commencement thereof or within such longer periods as the Director General may consent in writing; or
(b)
in the case of an industrial activity which has commenced before the commencement of these Regulations, within three months of the commencement thereof or within such longer periods as the Director General may consent in writing; or
(c) in the case of an industrial activity which has been determined as a major hazard installation by the Director General under paragraph 7(2)(a), within three months from the date of the determination or within such longer period as the Director General may consent in writing.
(c)
in the case of an industrial activity which has been determined as a major hazard installation by the Director General under paragraph 7(2)(a), within three months from the date of the determination or within such longer period as the Director General may consent in writing.

Regulation 19. Updating of on-site emergency plan​

Where a manufacturer has prepared an on-site emergency plan in pursuance of subregulation 18(1) and the industrial activity concerned is continuing, the manufacturer shall update the on-site emergency plan as part of the report required under regulation 16.
Where a manufacturer has prepared an on-site emergency plan in pursuance of subregulation 18(1) and the industrial activity concerned is continuing, the manufacturer shall update the on-site emergency plan as part of the report required under regulation 16.

Regulation 20. Review of on-site emergency plan​

The Director General may review the on-site emergency plan submitted to him pursuant to subregulation 18(1) and regulation 19, and shall, if he is of the opinion that the plan submitted is not satisfactory, direct the manufacturer in writing to improve the emergency plan within such time as he may specify.
The Director General may review the on-site emergency plan submitted to him pursuant to subregulation 18(1) and regulation 19, and shall, if he is of the opinion that the plan submitted is not satisfactory, direct the manufacturer in writing to improve the emergency plan within such time as he may specify.

Regulation 21. Off-site emergency plan​

(1) A manufacturer who has control of an industrial activity to which this Part applies shall inform the local authority or port authority of the area that his industrial activity is considered capable of producing a major accident hazard and of the need for the preparation of an off-site emergency plan for the area surrounding his site which may be likely to be affected by a major accident.
(1)
A manufacturer who has control of an industrial activity to which this Part applies shall inform the local authority or port authority of the area that his industrial activity is considered capable of producing a major accident hazard and of the need for the preparation of an off-site emergency plan for the area surrounding his site which may be likely to be affected by a major accident.
(2) In pursuance of subregulation (1) the manufacturer shall–
(2)
In pursuance of subregulation (1) the manufacturer shall–
(a) in the case of an industrial activity which has commenced before the commencement of these Regulations, inform the local authority or port authority within three months of the commencement thereof, or in the case of an industrial activity which has been determined as a major hazard installation by the Director General under paragraph 7(2)(a), within three months from the date of the determination;
(a)
in the case of an industrial activity which has commenced before the commencement of these Regulations, inform the local authority or port authority within three months of the commencement thereof, or in the case of an industrial activity which has been determined as a major hazard installation by the Director General under paragraph 7(2)(a), within three months from the date of the determination;
(b) provide the local authority or port authority with the information relating to the industrial activity under his control as the local authority or port authority may reasonably require including the nature, extent and likely effects off-site of any possible major accident; and
(b)
provide the local authority or port authority with the information relating to the industrial activity under his control as the local authority or port authority may reasonably require including the nature, extent and likely effects off-site of any possible major accident; and
(c) afford to the local authority or port authority upon request all reasonable facilities for the preparation and implementation of an off-site emergency plan.
(c)
afford to the local authority or port authority upon request all reasonable facilities for the preparation and implementation of an off-site emergency plan.
(3) The local authority or port authority may upon receiving the information prepare and keep an up-to-date and adequate off-site emergency plan.
(3)
The local authority or port authority may upon receiving the information prepare and keep an up-to-date and adequate off-site emergency plan.

Regulation 22. Information to the public​

(1) It shall be the duty of a manufacturer who has control of an industrial activity to which this Part applies to ensure that persons outside the site who are likely to be in an area which, in the opinion of the Director General, is likely to be affected by a major accident occurring at the site are supplied in an appropriate manner with at least the information specified in Schedule 3 without their having to request for it.
(1)
It shall be the duty of a manufacturer who has control of an industrial activity to which this Part applies to ensure that persons outside the site who are likely to be in an area which, in the opinion of the Director General, is likely to be affected by a major accident occurring at the site are supplied in an appropriate manner with at least the information specified in Schedule 3 without their having to request for it.
(2) Without prejudice to his duty under subregulation (1), the manufacturer shall endeavour to enter into an agreement with the local authority or port authority in whose area the industrial activity is situated for the local authority or port authority to disseminate the information specified in Schedule 3 to the persons concerned but the manufacturer shall remain responsible for the accuracy, completeness and form of the information supplied.
(2)
Without prejudice to his duty under subregulation (1), the manufacturer shall endeavour to enter into an agreement with the local authority or port authority in whose area the industrial activity is situated for the local authority or port authority to disseminate the information specified in Schedule 3 to the persons concerned but the manufacturer shall remain responsible for the accuracy, completeness and form of the information supplied.
(3) The manufacturer shall ensure that the information supplied in accordance with subregulation (1) is updated and re-supplied at appropriate intervals.
(3)
The manufacturer shall ensure that the information supplied in accordance with subregulation (1) is updated and re-supplied at appropriate intervals.
(4) The manufacturer shall take all necessary steps to comply with subregulations (1) and (2) before commencing the industrial activity except that–
(4)
The manufacturer shall take all necessary steps to comply with subregulations (1) and (2) before commencing the industrial activity except that–
(a) in the case of an industrial activity which has already commenced before the commencement of these Regulations, it shall be a sufficient compliance if the manufacturer takes the necessary steps within six months after the commencement of the Regulations; or
(a)
in the case of an industrial activity which has already commenced before the commencement of these Regulations, it shall be a sufficient compliance if the manufacturer takes the necessary steps within six months after the commencement of the Regulations; or
(b) in the case of an industrial activity which has been determined as a major hazard installation by the Director General under paragraph 7(2)(a), it shall be a sufficient compliance if the manufacturer takes the necessary steps within six months from the date of the determination thereof.
(b)
in the case of an industrial activity which has been determined as a major hazard installation by the Director General under paragraph 7(2)(a), it shall be a sufficient compliance if the manufacturer takes the necessary steps within six months from the date of the determination thereof.

PART V - NOTIFICATION OF MAJOR ACCIDENT​

Regulation 23. Notification of major accident​

Where a major accident occurs on a site a manufacturer shall notify the nearest occupational safety and health office of the accident by the quickest means available and the manufacturer who makes the notification shall provide–
Where a major accident occurs on a site a manufacturer shall notify the nearest occupational safety and health office of the accident by the quickest means available and the manufacturer who makes the notification shall provide–
(a) the following information relating to the accident as soon as it becomes available:
(a)
the following information relating to the accident as soon as it becomes available:
(i) the circumstances of the accident;
(i)
the circumstances of the accident;
(ii) the hazardous substances involved;
(ii)
the hazardous substances involved;
(iii) the data available for assessing the effects of the accident on persons and the environment;
(iii)
the data available for assessing the effects of the accident on persons and the environment;
(iv) the emergency measures taken;
(iv)
the emergency measures taken;
(b) a statement of the steps envisaged to alleviate medium or long term effects of the accidents, if any, and prevent the recurrence of such an accident.
(b)
a statement of the steps envisaged to alleviate medium or long term effects of the accidents, if any, and prevent the recurrence of such an accident.

PART VI - PENALTY​

Regulation 24. Penalty​

(1) A manufacturer who commits an offence against any of the provisions of these Regulations for which no corresponding penalty is provided by the Act shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to a term of imprisonment not exceeding two years or to both.
(1)
A manufacturer who commits an offence against any of the provisions of these Regulations for which no corresponding penalty is provided by the Act shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to a term of imprisonment not exceeding two years or to both.
(2) An employee who commits an offence against any of the provisions of these Regulations for which no corresponding penalty is provided by the Act shall, on conviction, be liable to a fine not exceeding one thousand ringgit or to a term of imprisonment not exceeding three months or to both.
(2)
An employee who commits an offence against any of the provisions of these Regulations for which no corresponding penalty is provided by the Act shall, on conviction, be liable to a fine not exceeding one thousand ringgit or to a term of imprisonment not exceeding three months or to both.

SCHEDULES​

SCHEDULE 1 (Regulation 2) - INDICATIVE CRITERIA​

1. Very Toxic Substances​

(a) Substances which correspond to line 1 of the table below; and
(a)
Substances which correspond to line 1 of the table below; and
(b) Substances which correspond to line 2 of the table below and which, owing to their physical and chemical properties, are capable of producing major accident hazards similar to those caused by the substances mentioned in line 1:
(b)
Substances which correspond to line 2 of the table below and which, owing to their physical and chemical properties, are capable of producing major accident hazards similar to those caused by the substances mentioned in line 1:
LD₅₀ (oral) (mg/kg body weight)LD₅₀ (cutaneous) (mg/kg body weight)LC₅₀ (mg/l) (inhalation)
1.LD₅₀ < 5LD₅₀ < 10LC₅₀ < 0.1
2.5 < LD₅₀ < 2510 < LD₅₀ < 500.1 < LC₅₀ < 0.5

2. Other Toxic Substances​

Substances with the following values of acute toxicity as shown in the table below and having physical and chemical properties capable of producing major accident hazards.
Substances with the following values of acute toxicity as shown in the table below and having physical and chemical properties capable of producing major accident hazards.
LD₅₀ (oral) (mg/kg body weight)LD₅₀ (cutaneous) (mg/kg body weight)LC₅₀ (mg/l) (inhalation)
1.25 < LD₅₀ < 20050 < LD₅₀ < 4000.5 < LC₅₀ < 2

3. Flammable Substances

3. Flammable Substances

(a) Flammable gases — substances which in the gaseous state at normal pressure and mixed with air become flammable and the boiling point of which at normal pressure is 20°C or below.
(a)
Flammable gases — substances which in the gaseous state at normal pressure and mixed with air become flammable and the boiling point of which at normal pressure is 20°C or below.
(b) Highly flammable liquids — substances which have a flash point lower than 21°C and the boiling point of which at normal pressure is above 20°C.
(b)
Highly flammable liquids — substances which have a flash point lower than 21°C and the boiling point of which at normal pressure is above 20°C.
(c) Flammable liquids — substances which have a flash point lower than 55°C and which remain liquid under pressure and where under particular processing conditions such as high pressure and high temperature, may create major accident hazards.
(c)
Flammable liquids — substances which have a flash point lower than 55°C and which remain liquid under pressure and where under particular processing conditions such as high pressure and high temperature, may create major accident hazards.

4. Explosive Substances

4. Explosive Substances

— substances which may explode under the effect of flame or which are more sensitive to shocks or friction than dinitrobenzene.
— substances which may explode under the effect of flame or which are more sensitive to shocks or friction than dinitrobenzene.

5. Oxidizing Substances

5. Oxidizing Substances

— substances which give rise to highly exothermic reaction when in contact with other substances particularly flammable substances.
— substances which give rise to highly exothermic reaction when in contact with other substances particularly flammable substances.
info

For the purpose of this Schedule-

LD50 (oral) means a dose of a substance in mg/kg of body weight that produces death in 50% of a given experimental animal population;

LD50 (cutaneous) means a dose of a substance in mg/kg of body weight that produces death in 50% of a given experimental animal population; and

LC50 means a concentration of a substance in air that is estimated to produce death after inhalation for four hours in 50% of a given experimental animal population.

SCHEDULE 2 (Regulation 2) – LIST OF SUBSTANCES AND QUANTITIES​

The quantities set out below relate to each installation or group of installations belonging to the same manufacturer where the distance between the installations is not sufficient to avoid, in foreseeable circumstances, any aggravation of major accident hazards. The quantities apply in any case to each group of installations belonging to the same manufacturer where the distance between the installations is less than 500 metres.

Part 1: Named Substances

Where a substance or group of substances listed in Part 1 also falls within a category of Part 2 the quantities set out in Part 1 shall be used.

Group 1 – Toxic Substances (quantity < 1 tonne)​

SubstanceThreshold Quantity
Aldicarb
100 kilograms
4-Aminodiphenyl
1 kilogram
Amiton
1 kilogram
Anabasine
100 kilograms
Arsenic pentoxide, arsenic (V) acid and salts
500 kilograms
Arsenic trioxide, arsenious (III) acid and salts
100 kilograms
Arsine (Arsenic hydride)
10 kilograms
Azinphos-ethyl
100 kilograms
Azinphos-methyl
100 kilograms
Benzidine
1 kilogram
Benzidine salts
1 kilogram
Beryllium (powders, compounds)
10 kilograms
Bis (2-chloroethyl) sulphide
1 kilogram
Bis (chloromethyl) ether
1 kilogram
Carbofuran
100 kilograms
Carbophenothion
100 kilograms
Chlorfenvinphos
100 kilograms
4-(Chloroformyl) morpholine
1 kilogram
Chloromethyl methyl ether
1 kilogram
Cobalt (metal, oxides, carbonates and sulphides as powders)
1 tonne
Crimidine
100 kilograms
Cyanthoate
100 kilograms
Cycloheximide
100 kilograms
Demeton
100 kilograms
Dialifos
100 kilograms
00-Diethyl S-ethylsulphinylmethyl phosphorothioate
100 kilograms
00-Diethyl S-ethylsuphonylmethyl phosphorothioate
100 kilograms
00-Diethyl S-ethylthiomethyl phosphorothioate
100 kilograms
00-Diethyl S-isopropylthiomethyl phosphorothioate
100 kilograms
00-Diethyl S-propylthiomethyl phosphorodithioate
100 kilograms
Dimefox
100 kilograms
Dimethylcarbamoyl chloride
1 kilogram
Dimethylnitrosamine
1 kilogram
Dimethyl phosphoramidocyanidic acid
1 tonne
Diphacinone
100 kilograms
Disulfoton
100 kilograms
EPN
100 kilograms
Ethion
100 kilograms
Fensulfothion
100 kilograms
Fluenetil
100 kilograms
Fluoroacetic acid
1 kilogram
Fluoroacetic acid, salts
1 kilogram
Fluoroacetic acid, esters
1 kilogram
Fluoroacetic acid, amides
1 kilogram
4-Fluorobutyric acid
1 kilogram
4-Fluorobutyric acid, salts
1 kilogram
4-Fluorobutyric acid, esters
1 kilogram
4-Fluorobutyric acid, amides
1 kilogram
4-Fluorocrotonic acid
1 kilogram
4-Fluorocrotonic acid, salts
1 kilogram
4-Fluorocrotonic acid, esters
1 kilogram
4-Fluorocrotonic acid, amides
1 kilogram
4-Fluoro-2-hydroxybutyric acid
1 kilogram
4-Fluoro-2-hydroxybutyric acid, salts
1 kilogram
4-Fluoro-2-hydroxybutyric acid, esters
1 kilogram
4-Fluoro-2-hydroxybutyric acid, amides
1 kilogram
Glutaronitrile (Hydroxyacetonitrile)
100 kilograms
1,2,3,7,8,9-Hexachlorodibenzo-p-dioxin
100 kilograms
Hexamethylphosphoramide
1 kilogram
Hydrogen selenide
10 kilograms
Isobenzan
100 kilograms
Isodrin
100 kilograms
Juglone (5-Hydroxynaphthalene-1,4-dione)
100 kilograms
4,4′-Methylenebis (2-chloroaniline)
10 kilograms
Methyl isocyanate
150 kilograms
Mevinphos
100 kilograms
2-Naphthylamine
1 kilogram
Nickel metal, oxides, carbonates and sulphides as powders
1 tonne
Nickel tetracarbonyl
10 kilograms
Oxydisulfoton
100 kilograms
Oxygen difluoride
10 kilograms
Paraoxon (Diethyl 4-nitro-phenyl phosphate)
100 kilograms
Parathion
100 kilograms
Parathion-methyl
100 kilograms
Pentaborane
100 kilograms
Phorate
100 kilograms
Phosacetim
100 kilograms
Phosgene (Carbonyl chloride)
750 kilograms
Phosphamidon
100 kilograms
Phosphine (Hydrogen phosphide)
100 kilograms
Promurit (1-(3,4-Dichlorophenyl)-3-triazenethio-carboxamide)
100 kilograms
1,3-Propanesultone
1 kilogram
1-Propen-2-chloro-1,3-diol diacetate
10 kilograms
Pyrazoxon
100 kilograms
Selenium hexafluoride
10 kilograms
Sodium selenite
100 kilograms
Stibine (Antimony hydride)
100 kilograms
Sulfotep
100 kilograms
Sulphur dichloride
1 tonne
Tellurium hexafluoride
100 kilograms
TEPP
100 kilograms
2,3,7,8-Tetrachlorodibenzo-p-dioxin (TCDD)
1 kilogram
Tetramethylene-disulphotetramine
1 kilogram
Thionazin
100 kilograms
Tirpate (2,4-Dimethyl-1,3-dithiolane-2-carboxadihyde O-methylcarbamoyloxime)
100 kilograms
Trichloromethanesulphenyl chloride
100 kilograms
1-Tri(cyclohexyl)stannyl-1H-1,2,4-triazole
100 kilograms
Triethylenemelamine
10 kilograms
Warfarin
100 kilograms

Group 2 - Toxic Substances (quantity > 1 tonne)​

SubtanceThreshold Quantity
Aldicarb
100 kilograms
4-Aminodiphenyl
1 kilogram
Amiton
1 kilogram
Anabasine
100 kilograms
Arsenic pentoxide, arsenic (V) acid and salts
500 kilograms
Arsenic trioxide, arsenious (III) acid and salts
100 kilograms
Arsine (Arsenic hydride)
10 kilograms
Azinphos-ethyl
100 kilograms
Azinphos-methyl
100 kilograms
Benzidine
1 kilogram
Benzidine salts
1 kilogram
Beryllium (powders, compounds)
10 kilograms
Bis (2-chloroethyl) sulphide
1 kilogram
Bis (chloromethyl) ether
1 kilogram
Carbofuran
100 kilograms
Carbophenothion
100 kilograms
Chlorfenvinphos
100 kilograms
4-(Chloroformyl) morpholine
1 kilogram
Chloromethyl methyl ether
1 kilogram
Cobalt (metal, oxides, carbonates and sulphides as powders)
1 tonne
Crimidine
100 kilograms
Cyanthoate
100 kilograms
Cycloheximide
100 kilograms
Demeton
100 kilograms
Dialifos
100 kilograms
00-Diethyl S-ethylsulphinylmethyl phosphorothioate
100 kilograms
00-Diethyl S-ethylsuphonylmethyl phosphorothioate
100 kilograms
00-Diethyl S-ethylthiomethyl phosphorothioate
100 kilograms
00-Diethyl S-isopropylthiomethyl phosphorothioate
100 kilograms
00-Diethyl S-propylthiomethyl phosphorodithioate
100 kilograms
Dimefox
100 kilograms
Dimethylcarbamoyl chloride
1 kilogram
Dimethylnitrosamine
1 kilogram
Dimethyl phosphoramidocyanidic acid
1 tonne
Diphacinone
100 kilograms
Disulfoton
100 kilograms
EPN
100 kilograms
Ethion
100 kilograms
Fensulfothion
100 kilograms
Fluenetil
100 kilograms
Fluoroacetic acid
1 kilogram
Fluoroacetic acid, salts
1 kilogram
Fluoroacetic acid, esters
1 kilogram
Fluoroacetic acid, amides
1 kilogram
4-Fluorobutyric acid
1 kilogram
4-Fluorobutyric acid, salts
1 kilogram
4-Fluorobutyric acid, esters
1 kilogram
4-Fluorobutyric acid, amides
1 kilogram
4-Fluorocrotonic acid
1 kilogram
4-Fluorocrotonic acid, salts
1 kilogram
4-Fluorocrotonic acid, esters
1 kilogram
4-Fluorocrotonic acid, amides
1 kilogram
4-Fluoro-2-hydroxybutyric acid
1 kilogram
4-Fluoro-2-hydroxybutyric acid, salts
1 kilogram
4-Fluoro-2-hydroxybutyric acid, esters
1 kilogram
4-Fluoro-2-hydroxybutyric acid, amides
1 kilogram
Glutaronitrile (Hydroxyacetonitrile)
100 kilograms
1,2,3,7,8,9-Hexachlorodibenzo-p-dioxin
100 kilograms
Hexamethylphosphoramide
1 kilogram
Hydrogen selenide
10 kilograms
Isobenzan
100 kilograms
Isodrin
100 kilograms
Juglone (5-Hydroxynaphthalene-1,4-dione)
100 kilograms
4,4′-Methylenebis (2-chloroaniline)
10 kilograms
Methyl isocyanate
150 kilograms
Mevinphos
100 kilograms
2-Naphthylamine
1 kilogram
Nickel metal, oxides, carbonates and sulphides as powders
1 tonne
Nickel tetracarbonyl
10 kilograms
Oxydisulfoton
100 kilograms
Oxygen difluoride
10 kilograms
Paraoxon (Diethyl 4-nitro-phenyl phosphate)
100 kilograms
Parathion
100 kilograms
Parathion-methyl
100 kilograms
Pentaborane
100 kilograms
Phorate
100 kilograms
Phosacetim
100 kilograms
Phosgene (Carbonyl chloride)
750 kilograms
Phosphamidon
100 kilograms
Phosphine (Hydrogen phosphide)
100 kilograms
Promurit (1-(3,4-Dichlorophenyl)-3-triazenethio-carboxamide)
100 kilograms
1,3-Propanesultone
1 kilogram
1-Propen-2-chloro-1,3-diol diacetate
10 kilograms
Pyrazoxon
100 kilograms
Selenium hexafluoride
10 kilograms
Sodium selenite
100 kilograms
Stibine (Antimony hydride)
100 kilograms
Sulfotep
100 kilograms
Sulphur dichloride
1 tonne
Tellurium hexafluoride
100 kilograms
TEPP
100 kilograms
2,3,7,8-Tetrachlorodibenzo-p-dioxin (TCDD)
1 kilogram
Tetramethylene-disulphotetramine
1 kilogram
Thionazin
100 kilograms
Tirpate (2,4-Dimethyl-1,3-dithiolane-2-carboxadihyde O-methylcarbamoyloxime)
100 kilograms
Trichloromethanesulphenyl chloride
100 kilograms
1-Tri(cyclohexyl)stannyl-1H-1,2,4-triazole
100 kilograms
Triethylenemelamine
10 kilograms
Warfarin
100 kilograms
Acetone cyanohydrin (2-Cyanopropan-2-ol)
200 tonnes
Acrolein (2-Propenal)
200 tonnes
Acrylonitrile
20 tonnes
Allyl alcohol (2-Propen-1-ol)
200 tonnes
Allylamine
200 tonnes
Ammonia
100 tonnes
Bromine
10 tonnes
Carbon disulphide
200 tonnes
Chlorine
10 tonnes
Diphenyl methane di-isocyanate (MDI)
200 tonnes
Ethylene dibromide (1,2-Dibromoethane)
50 tonnes
Ethyleneimine
50 tonnes
Formaldehyde (concentration > 90%)
20 tonnes
Hydrogen chloride (liquefied gas)
250 tonnes
Hydrogen cyanide
20 tonnes
Hydrogen fluoride
50 tonnes
Hydrogen sulphide
50 tonnes
Methyl bromide (Bromomethane)
200 tonnes
Nitrogen oxides
50 tonnes
Propyleneimine
50 tonnes
Sulphur dioxide
20 tonnes
Sulphur trioxide
20 tonnes
Tetraethyl lead
50 tonnes
Tetramethyl lead
50 tonnes
Toluene di-isocyanate (TDI)
100 tonnes

Group 3 - Highly Reactive Substances​

SubstanceThreshold Quantity
Acetylene (Ethyne)
50 tonnes
Ammonium nitrate (a)
500 tonnes
Ammonium nitrate (the form of fertilizer) (b)
1,000 tonnes
2,2-Bis(tert-butylperoxy) butane (concentration > 70%)
50 tonnes
1,1-Bis(tert-butylperoxy) cyclohexane (concentration > 80%)
50 tonnes
Tert-Butyl peroxyacetate (concentration > 70%)
50 tonnes
Tert-Butyl peroxyisobutyrate (concentration > 80%)
50 tonnes
Tert-Butyl peroxy isopropyl carbonate (concentration > 80%)
50 tonnes
Tert-Butyl peroxymaleate (concentration > 80%)
50 tonnes
Tert-Butyl peroxypivalate (concentration > 77%)
50 tonnes
Dibenzyl peroxydicarbonate (concentration > 90%)
50 tonnes
Di-sec-butyl peroxydicarbonate (concentration > 80%)
50 tonnes
Diethyl peroxydicarbonate (concentration > 30%)
50 tonnes
2,2-Dihydroperoxypropane (concentration > 30%)
50 tonnes
Di-isobutyryl peroxide (concentration > 50%)
50 tonnes
Di-n-propyl peroxydicarbonate (concentration > 80%)
50 tonnes
Ethylene oxide
5 tonnes
Ethyl nitrate
50 tonnes
3,3,6,6,9,9-Hexamethyl-1,2,4,5-tetroxacy-clononane (concentration > 75%)
50 tonnes
Hydrogen
10 tonnes
Methyl ethyl ketone peroxide (concentration > 60%)
5 tonnes
Methyl isobutyl ketone peroxide (concentration > 60%)
50 tonnes
Oxygen
500 tonnes
Peracetic acid (concentration > 60%)
50 tonnes
Propylene oxide
50 tonnes
Sodium chlorate
20 tonnes

Group 4 – Explosive Substances​

SubstanceThreshold quantity
Barium azide
50 tonnes
Bis (2,4,6-trinitrophenyl)-amine
50 tonnes
Chlorotrinitrobenzene
50 tonnes
Cellulose nitrate (containing > 12.6% nitrogen)
50 tonnes
Cyclotetramethylene-tetranitramine
50 tonnes
Cyclotrimethylene-trinitramine
50 tonnes
Diazodinitrophenol
10 tonnes
Diethylene glycol dinitrate
10 tonnes
Dinitrophenol, salts
50 tonnes
Ethylene glycol dinitrate
10 tonnes
1-Guanyl-4-nitrosaminoguany-1-tetrazene
10 tonnes
2,2',4,4',6,6'-Hexanitrostilbene
50 tonnes
Hydrazine nitrate
50 tonnes
Lead azide
50 tonnes
Lead styphnate (lead 2,4,6-trinitroresorcinoxide)
50 tonnes
Mercury fulminate
10 tonnes
N-Methyl-n,2,4,6-tetranitroaniline
50 tonnes
Pentaerythritol tetranitrate
50 tonnes
Nitroglycerine
10 tonnes
Picric acid (2,4,6-Trinitophenol)
50 tonnes
Sodium picramate
50 tonnes
Styphnic acid (2,4,6-trinitroresorcinol)
50 tonnes
1,3,5-Triamino-2,4,6-trinitrobenzene
50 tonnes
Trinitroaniline
50 tonnes
2,4,6-Trinitroanisole
50 tonnes
Trinitrobenzene
50 tonnes
Trinitrobenzoic acid
50 tonnes
Trinitrocresol
50 tonnes
2,4,6-Trinitrophenetole
50 tonnes
2,4,6-Trinitrotoluene
50 tonnes
NOTE
(a) This applies to ammonium nitrate and mixtures of ammonium nitrate where the nitrogen contents derived from the ammonium nitrate is more than 28% by weight and aqueous solutions of ammonium nitrate where the concentration of ammonium nitrate is more than 90% by weight.
(a)
This applies to ammonium nitrate and mixtures of ammonium nitrate where the nitrogen contents derived from the ammonium nitrate is more than 28% by weight and aqueous solutions of ammonium nitrate where the concentration of ammonium nitrate is more than 90% by weight.
(b) This applies to straight ammonium nitrate fertilizers and compound fertilizers where the nitrogen content derived from the ammonium nitrate is more than 28% by weight (a compound fertilizer contains ammonium nitrate together with phosphate and/or potash).
(b)
This applies to straight ammonium nitrate fertilizers and compound fertilizers where the nitrogen content derived from the ammonium nitrate is more than 28% by weight (a compound fertilizer contains ammonium nitrate together with phosphate and/or potash).

Part 2: Categories of Substances and Preparations not specifically named in Part 1.

The quantities of different substances and preparations of the same category are cumulative. Where there is more than one category specified in the same entry, the quantities of all substances and preparations of the specified categories in that entry shall be summed up.

Categories of SubstanceThreshold Quantity
1.
Substances and preparations which are classified as “very toxic” as in item 1 of Schedule 1
5 tonnes
2.
Substances and preparations which are classified as “toxic” as in item 2 of Schedule 1
10 tonnes
3.
Substances and preparations which are classified as “explosive” as in item 4 of Schedule 1
10 tonnes
4.
Substances and preparations which are classified as “oxidizing” as in item 5 of Schedule 1
10 tonnes
5.
Gaseous substances and preparations, including those in liquefied form, which are gaseous at normal pressure and which are classified as “highly flammable” as in paragraph (a) of item 3 of Schedule 1
50 tonnes
6.
Substances and preparations (excluding gaseous substances and preparations covered in item 5 above) which are classified as “highly flammable” or “extremely flammable” as in paragraph (b) of item 3 of Schedule 1
5,000 tonnes
7.
Flammable substances as defined in paragraph (c) of item 3 of Schedule 1
200 tonnes

SCHEDULE 3 (Subregulation 22(1)) – ITEMS OF INFORMATION TO BE COMMUNICATED TO THE PUBLIC​

(a) Name of manufacturer and address of site of industrial activity.
(a)
Name of manufacturer and address of site of industrial activity.
(b) Identification by position held of person giving the information.
(b)
Identification by position held of person giving the information.
(c) Confirmation that the site is subject to these Regulations and that the report referred to in subregulation 15(1) has been submitted to the Director General.
(c)
Confirmation that the site is subject to these Regulations and that the report referred to in subregulation 15(1) has been submitted to the Director General.
(d) An explanation in simple terms of the activity undertaken on the site.
(d)
An explanation in simple terms of the activity undertaken on the site.
(e) The common names or the generic names of the general danger classification of the substances and preparations involved on the site which could give rise to a major accident with an indication of their principal hazardous characteristics.
(e)
The common names or the generic names of the general danger classification of the substances and preparations involved on the site which could give rise to a major accident with an indication of their principal hazardous characteristics.
(f) General information relating to the nature of a major accident hazard including its potential effects on the population and the environment.
(f)
General information relating to the nature of a major accident hazard including its potential effects on the population and the environment.
(g) Adequate information on how the population concerned will be warned and kept informed in the event of an accident.
(g)
Adequate information on how the population concerned will be warned and kept informed in the event of an accident.
(h) Adequate information on the actions the population concerned should take and on the behaviour they should adopt in the event of an accident.
(h)
Adequate information on the actions the population concerned should take and on the behaviour they should adopt in the event of an accident.
(i) Confirmation that the manufacturer is required to make adequate arrangements on the site, including liaison with the emergency services, to deal with accidents and to minimise their effects.
(i)
Confirmation that the manufacturer is required to make adequate arrangements on the site, including liaison with the emergency services, to deal with accidents and to minimise their effects.
(j) A reference to the off-site emergency plan drawn up to cope with any off-site effects from a major accident. This shall include advice to co-operate with any instruction or request from the emergency services at the time of a major accident.
(j)
A reference to the off-site emergency plan drawn up to cope with any off-site effects from a major accident. This shall include advice to co-operate with any instruction or request from the emergency services at the time of a major accident.
(k) Details of where further relevant information can be obtained subject to the requirements of confidentiality laid down in any national legislation.
(k)
Details of where further relevant information can be obtained subject to the requirements of confidentiality laid down in any national legislation.

SCHEDULE 4 (Regulation 3) – INDUSTRIAL INSTALLATIONS​

(1) Installations for the production, processing or treatment of organic or inorganic chemicals using for these purposes, amongst others, the following:
(1)
Installations for the production, processing or treatment of organic or inorganic chemicals using for these purposes, amongst others, the following:
— alkylation
— alkylation
— amination by ammonolysis
— amination by ammonolysis
— carbonylation
— carbonylation
— condensation
— condensation
— dehydrogenation
— dehydrogenation
— esterification
— esterification
— halogenation and manufacture of halogens
— halogenation and manufacture of halogens
— hydrogenation
— hydrogenation
— hydrolysis
— hydrolysis
— oxidation
— oxidation
— polymerization
— polymerization
— sulphonation
— sulphonation
— desulphurization, manufacture and transformation of sulphur-containing compounds
— desulphurization, manufacture and transformation of sulphur-containing compounds
— nitration and manufacture of nitrogen-containing compounds
— nitration and manufacture of nitrogen-containing compounds
— manufacture of phosphorus-containing compounds
— manufacture of phosphorus-containing compounds
— formulation of pesticides and pharmaceutical products
— formulation of pesticides and pharmaceutical products
— distillation
— distillation
— extraction
— extraction
— solvation
— solvation
— mixing
— mixing
(2) Installations for distillation, refining or other process in processing of petroleum or petroleum products.
(2)
Installations for distillation, refining or other process in processing of petroleum or petroleum products.
(3) Installations for the total or partial disposal of solid or liquid substances by incineration or chemical decomposition.
(3)
Installations for the total or partial disposal of solid or liquid substances by incineration or chemical decomposition.
(4) Installations for the production, processing or treatment of energy gases, for example, light petroleum gas, light natural gas and synthetic natural gas.
(4)
Installations for the production, processing or treatment of energy gases, for example, light petroleum gas, light natural gas and synthetic natural gas.
(5) Installations for the dry distillation of coal or lignite.
(5)
Installations for the dry distillation of coal or lignite.
(6) Installations for the production of metals or non-metals by a wet process or by means of electrical energy.
(6)
Installations for the production of metals or non-metals by a wet process or by means of electrical energy.
(7) Installations for the bottling of flammable and toxic substances defined under items (1), (2) and (3) of Schedule 1, for example, light petroleum gas, ammonia, chlorine and acetylene.
(7)
Installations for the bottling of flammable and toxic substances defined under items (1), (2) and (3) of Schedule 1, for example, light petroleum gas, ammonia, chlorine and acetylene.

SCHEDULE 5 (Paragraph 7(1)(b)) – NOTIFICATION OF INDUSTRIAL ACTIVITY FORM​

Schedule 5 - Notification of Industrial Activity Form

SCHEDULE 6 (Subregulation 14(1) and 15(1)) – INFORMATION TO BE INCLUDED IN THE REPORT ON INDUSTRIAL ACTIVITY​

The report on industrial activity under subregulations 14(1) and 15(1) shall contain the following information:
The report on industrial activity under subregulations 14(1) and 15(1) shall contain the following information:
(a) information relating to every hazardous substance involved in the industrial activity and its relevant quantity as listed in Schedule 2, namely-
(a)
information relating to every hazardous substance involved in the industrial activity and its relevant quantity as listed in Schedule 2, namely-
(i) the name of the hazardous substance as given in Schedule 2 or, for a hazardous substance included under a general designation, the name corresponding to the chemical formula of the hazardous substance;
(i)
the name of the hazardous substance as given in Schedule 2 or, for a hazardous substance included under a general designation, the name corresponding to the chemical formula of the hazardous substance;
(ii) a general description of the analytical method available to the manufacturer in determining the presence of the hazardous substance or references to such method in the scientific literature;
(ii)
a general description of the analytical method available to the manufacturer in determining the presence of the hazardous substance or references to such method in the scientific literature;
(iii) a brief description of the hazards which may be created by the hazardous substance; and
(iii)
a brief description of the hazards which may be created by the hazardous substance; and
(iv) the degree of purity of the hazardous substance and the names of its main impurities and their percentages;
(iv)
the degree of purity of the hazardous substance and the names of its main impurities and their percentages;
(b) information relating to the installation, namely-
(b)
information relating to the installation, namely-
(i) a map of the site and its surrounding area to a scale large enough to show any feature that may be significant in the assessment of the hazard or risk associated with the site;
(i)
a map of the site and its surrounding area to a scale large enough to show any feature that may be significant in the assessment of the hazard or risk associated with the site;
(ii) a scale plan of the site showing the locations and quantities of all significant inventories of the hazardous substance;
(ii)
a scale plan of the site showing the locations and quantities of all significant inventories of the hazardous substance;
(iii) a description of the processes or storage involving the hazardous substance and an indication of the conditions under which it is normally held;
(iii)
a description of the processes or storage involving the hazardous substance and an indication of the conditions under which it is normally held;
(iv) the maximum number of persons likely to be present on the site;
(iv)
the maximum number of persons likely to be present on the site;
(v) information about the nature of the land use and the size and distribution of the population in the vicinity of the industrial activity to which the report relates; and
(v)
information about the nature of the land use and the size and distribution of the population in the vicinity of the industrial activity to which the report relates; and
(vi) information on the nearest emergency services (fire station, hospital, police station, community hall, etc.);
(vi)
information on the nearest emergency services (fire station, hospital, police station, community hall, etc.);
(c) information relating to the system of management for controlling the industrial activity, namely-
(c)
information relating to the system of management for controlling the industrial activity, namely-
(i) the staffing arrangements for controlling the industrial activity with the name of the person responsible for safety on the site and the names of the persons who are authorised to set emergency procedures in motion and to inform outside authorities;
(i)
the staffing arrangements for controlling the industrial activity with the name of the person responsible for safety on the site and the names of the persons who are authorised to set emergency procedures in motion and to inform outside authorities;
(ii) the arrangements made to ensure that the means provided for the safe operation of the industrial activity are properly designed, constructed, tested, operated, inspected and maintained; and
(ii)
the arrangements made to ensure that the means provided for the safe operation of the industrial activity are properly designed, constructed, tested, operated, inspected and maintained; and
(iii) the arrangements for training persons working on the site;
(iii)
the arrangements for training persons working on the site;
(d) information relating to a potential major accident in the form of risk assessment which contains the following:
(d)
information relating to a potential major accident in the form of risk assessment which contains the following:
(i) a description of the potential sources of a major accident and the conditions or events which could be significant in giving rise to one;
(i)
a description of the potential sources of a major accident and the conditions or events which could be significant in giving rise to one;
(ii) a diagram of the plant in which the industrial activity is carried on sufficient to show the features which are significant as regards the potential for a major accident or its prevention or control;
(ii)
a diagram of the plant in which the industrial activity is carried on sufficient to show the features which are significant as regards the potential for a major accident or its prevention or control;
(iii) a description of the measures taken to prevent, control or minimise the consequences of a major accident;
(iii)
a description of the measures taken to prevent, control or minimise the consequences of a major accident;
(iv) information about the prevailing meteorological conditions in the vicinity of the site;
(iv)
information about the prevailing meteorological conditions in the vicinity of the site;
(v) an estimate of the number of people on-site and off-site who may be exposed to the hazards considered in the report; and
(v)
an estimate of the number of people on-site and off-site who may be exposed to the hazards considered in the report; and
(vi) the consequences to the surrounding areas in the form of appropriate risk measures where possible.
(vi)
the consequences to the surrounding areas in the form of appropriate risk measures where possible.
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