FOI003720 EIR Environmental Protection/Trading Standards

Freedom of Information Act 2000 / Environmental Information Regulations 2004

I am writing to request recorded information concerning the enforcement of health and safety legislation, particularly the Control of Substances Hazardous to Health Regulations 2002 (COSHH), at retail petrol filling stations within your authority's geographical area.

Period covered: 1 January 2015 to the date of this request.

Scope: Retail petrol filling stations, including forecourts where petrol and/or diesel is dispensed into vehicles. The request is particularly concerned with potential exposure to petrol, diesel, and their hazardous constituents during routine vehicle refuelling, including exposure affecting employees, contractors, persons refuelling vehicles as part of their work, and other persons who may be affected.

We recognise that petroleum licensing, fire and explosion safety, environmental regulation and occupational health and safety may be administered by different teams or enforcing authorities. Please distinguish these functions where the information is held.

We are seeking recorded information and counts rather than copies of individual inspection reports, risk assessments or case files.

Recording of information: Please provide information from existing records, without undertaking retrospective assessments.

Where applicable:

•    Zero: Where records confirm that no relevant activity occurred, please report zero.
•    Not separately recorded: Where the information is not separately recorded, please state this rather than reporting zero.
•    Not held: Where the requested information is not held, please indicate this.
•    Record retention: Where records cover a shorter period than requested, please identify the period covered.

1. Enforcing authority
Please confirm which enforcing authority is responsible, within your geographical area, for enforcement of COSHH and other relevant occupational health and safety legislation at retail petrol filling stations.
Where responsibility differs between general health and safety enforcement, petroleum licensing and DSEAR enforcement, please identify the relevant authorities or services.

2. Health and safety interventions
Since 1 January 2015, how many inspections, investigations or other regulatory interventions concerning retail petrol filling stations have been undertaken by your authority under general health and safety legislation?
Please distinguish proactive inspections from reactive interventions, such as those arising from complaints, accidents or service requests, where recorded.

3. COSHH consideration
Of the interventions identified in Question 2, how many have records showing that COSHH compliance was considered?
Where recorded, please distinguish consideration of COSHH generally, from consideration of COSHH specifically relating to petrol, diesel or their hazardous constituents.

4. COSHH risk assessments
Of the interventions identified in Question 2, how many have records showing that:

a. A dutyholder was asked to provide or make available a COSHH risk assessment concerning petrol, diesel or their hazardous constituents?
b. A COSHH risk assessment concerning these substances was examined or reviewed by the authority?
c. The suitability or adequacy of such an assessment was considered?
d. The authority's records show that the COSHH risk assessment specifically addressed potential exposure arising during routine vehicle refuelling at the fuel pump?

Please provide separate counts where recorded. An intervention may fall within more than one category.

5. Hazardous substances and exposure during refuelling
Of the interventions identified in Question 2, how many have records showing consideration of potential health exposure to petrol, diesel or their hazardous constituents arising during routine vehicle refuelling?
This includes exposure to fuel vapours, liquid fuel, minor splashes, droplets or residues, and hazardous constituents such as benzene.
Please provide the number of interventions for which such consideration is recorded.

6. Exposure pathways
Of the interventions identified in Question 2, how many have records showing consideration of each of the following potential exposure pathways during routine vehicle refuelling?
a. Inhalation of fuel vapours.
b. Dermal contact with liquid fuel, droplets, splashes, residues or contaminated surfaces.
c. Incidental ingestion or secondary transfer of fuel contamination, including hand-to-mouth contact.
Please provide separate counts where recorded. An intervention may fall within more than one category.

7. Persons potentially exposed
Of the interventions identified in Question 2, how many have records showing consideration of exposure to petrol or its hazardous constituents during routine vehicle refuelling affecting each of the following groups?
a. Employees of the petrol filling station.
b. Contractors or other workers undertaking activities at the premises.
c. Persons refuelling vehicles as part of their work, including visiting workers, drivers or fleet operators.
d. Customers or other members of the public who may be affected.
Please provide separate counts where recorded. An intervention may concern more than one group.

8. Exposure controls
Of the interventions identified in Question 2, how many have records showing consideration of the adequacy of measures to prevent or adequately control health exposure to petrol, diesel or their hazardous constituents during routine vehicle refuelling?
Please distinguish, where recorded, consideration of:
a. Engineering controls, including petrol vapour recovery and any residual exposure.
b. Information, instruction, training or chemical hazard communication at the point of dispensing.
c. Personal protective equipment or other measures to prevent incidental dermal contact.
d. Other measures intended to prevent or adequately control inhalation, dermal or incidental ingestion exposure.
Please provide counts where held, rather than descriptions of individual cases.

9. Enforcement action
Since 1 January 2015, how many formal enforcement notices or other recorded enforcement actions concerning retail petrol filling stations have related to:
a. COSHH risk assessment requirements.
b. Exposure to petrol, diesel or their hazardous constituents.
c. Measures intended to prevent or adequately control chemical-health exposure.
d. Hazardous-substance risk assessments more generally, where the records do not distinguish COSHH from other legislation.
Please distinguish improvement notices, prohibition notices, prosecutions and other formal actions where recorded.

10. Guidance and inspection procedures
Please identify the titles and dates, where held, of any guidance, inspection checklists, aide-memoires, procedures or other documents used by your authority since 1 January 2015 concerning:
a. COSHH enforcement at retail petrol filling stations, including any recorded guidance or policy concerning whether dutyholders' COSHH risk assessments are expected to address routine vehicle refuelling.
b. Assessment or consideration of potential inhalation, dermal or incidental ingestion exposure during routine vehicle refuelling.
c. The adequacy of measures intended to control such exposure.
We are requesting document titles, dates or references only, rather than copies.

11. DSEAR and petroleum safety inspections
Since 1 January 2015, how many inspections or other regulatory interventions concerning compliance with the Dangerous Substances and Explosive Atmospheres Regulations 2002 (DSEAR) have been undertaken at retail petrol filling stations within your authority's geographical area?
Where DSEAR or petroleum safety inspections are undertaken by a different service or enforcing authority, please identify this and provide any relevant counts held by your authority.

We appreciate that information may be held across different services and that not all authorities will maintain records in the categories requested. Please provide the information available without creating new records or undertaking retrospective assessments.