Control of Major Accident Hazards (COMAH)

Under Regulation 22 of the Control of Major Accident Hazards Regulations 1999 (COMAH), the joint competent authorities, the Health and Safety Executive (HSE) and the Environment Agency, have the power to charge operators for the regulatory work carried out under COMAH. Each member of the competent authority has a separate charge rate which is calculated in relation to the costs of that authority. These rates are reviewed annually and are incorporated in amended regulations.

Charges cover the following functions:

  • Examining top-tier operators’ safety reports [regulation 7] and communicating the results of the examination to operators [regulation 17(1)(a)].

  • Considering requests to defer submission of safety reports [regulation 7(9)] and dealing with applications to limit the information within a safety report [regulation 7(12)].

  • Prohibiting operations, including preparation of the Prohibition Notice and discussions with the operator [regulations 17(1)(b) and 18].

  • Inspection to assess compliance at top and lower tier sites [regulation 19], including all preparatory and follow-up activities.

  • Investigating complaints and incidents, to check operator compliance with COMAH.

  • Carrying out enforcement activities, including preparation and serving of Improvement or Prohibition Notices.

  • Work to designate establishments as having potential for domino effects [regulation 16].

  • Considering applications to exclude information from a public register under Schedule 8.

2009–2010 charge rates

For the period 1 April 2009 to 31 March 2010, the hourly charge out rate is £135 (per inspector hour).

Administrative and financial arrangements

The Health and Safety Executive (HSE) is responsible for administration of the charging scheme and therefore issues invoices and collects payments on our behalf. Timesheets are generated for all chargeable time and these should accompany invoices to operators. Operators are invoiced within 30 days of the end of each financial quarter (30 June, 30 September, 31 December and 31 March). Full details of the COMAH regulations and charging guides can be found under www.hse.gov.uk/comah external link