scope:

LEGISLATION

Relevant legislation addressed by this Standard includes:

• Health and Safety at Work etc. Act (HSWA)

• Management of Health and Safety at Work Regulations (MHSWA)

• Environmental Protection Act (EPA)

• Gas Safety (Installation and Use) Regulations (GS(I&U)R)

• Gas Safety (Management) Regulations (GS(M)R)

• Pipelines Safety Regulations (PSR)

• Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR)

• Control of Major Accident Hazards Regulations (COMAH).

The legislation listed above covers a number of different fuel gases either specifically or generally.

This Standard is set out against a background of Legislation in force in GB at the time of publication (see Appendix 2). The devolution of power to the Scottish Parliament, Welsh and Northern Ireland Assemblies means that there may be variations to the Legislation described below for each of them and consideration of their particular requirements is to be made. Similar considerations are likely to apply in other countries and reference to appropriate national Legislation will be necessary.

All relevant Legislation must be complied with and relevant Approved Codes of Practice (ACoPs), official Guidance Notes and referenced codes, standards, etc. shall be taken into account.

Care is to be taken to ensure that the latest editions of the relevant documents are used.

Appendix 2 lists Legislation, Guidance Notes, and standards etc. which are identified within this Standard as well as further items of Legislation that may be applicable. Where Standards are quoted, equivalent national or international standards etc. equally may be appropriate. Unless otherwise stated, the latest version of the referenced document is to be used.

STATUTORY AND REGULATORY INCIDENT REPORTING

This document provides guidance on statutory and regulatory notification and reporting in Great Britain to the following organisations:

• HSE

• the relevant environmental agency (see Section 3.3)

• OFGEM

• BEIS

• Licensed gas suppliers.

Note: There may be additional reporting requirements beyond those required by the above organisations. e.g., commercial arrangements and local authority reporting etc.

RIDDOR Reporting

Employers (specifically including gas suppliers and the employers of Gas Safe registered gas engineers), the self-employed (specifically including self-employed Gas Safe registered gas engineers) and people in control of work premises (the Responsible Person) have a statutory duty under The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) to report certain serious workplace accidents, occupational diseases and specified dangerous occurrences (near misses).

Note: Guidance is provided in Appendix 3 and 4 of this standard and the HSE's.

GS(M)R Reporting

GTs have a statutory obligation under the Gas Safety (Management) Regulations (GS(M)R) to report forthwith incidents to the HSE including the following:

• escape of gas from a gas fitting in domestic premises has resulted in a fire or explosion (GS(M)R Regulation 7(12)).

• escape of gas from the network has, or was likely to have, resulted in fire or explosion (GS(M)R Regulation 7(13)).

• where an incident notifiable under RIDDOR has arisen as a result of an escape of carbon monoxide (CO) gas from incomplete combustion of gas in a gas fitting (GS(M)R Regulation 7(14))

For GS(M)R reportable incidents, the HSE is required to be notified before any investigation commences. This is to ensure that the evidence is not disturbed, in case the HSE decide to undertake its own investigation into the incident.

Note: Appendix 5 provides more detail and information on GS(M)R Reporting.

COMAH

Reporting Where a major accident has occurred at a COMAH site, then the site operator is required to inform the COMAH Competent Authority of that accident through the local HSE office.

Ofgem Reporting (holders of GT licences only)

For any incident which involves the loss of supply to over 1000 customers, or one or more fatality or serious injury requiring hospitalisation to an employee or member of the public, as a result of failure or suspected failure of network operator's equipment (up to and including the ECV i.e., upstream of the meter)

The GT is to contact Ofgem within 12 hours of the incident occurring.

Department for Business, Energy & Industrial Strategy (BEIS) (holders of GT licences only)

GTs have an obligation to provide notifications of incidents within the BEIS gas incident reporting framework:

• any incident which may be covered in national media

• supply failure >1000 consumers.

Shipper Reporting (holders of GT licences only)

Within the Uniform Network Code (UNC) Transportation Principal Document (TPD) Section V5.13 there is a contractual obligation on GTs that are UNC parties to provide notifications of incidents to Shippers. Incidents may include:

• explosions or fires due to an escape of gas;

• incidents involving death or major injury due to confirmed or suspected CO poisoning from gas; and

• incidents resulting from failure to supply more than 250 consumers at any one time

Note: These incidents are often notified by Dispatch e.g., using the National Gas Incident System (NGIS).