Regulation 8 Management of health and safety and control of major accident hazards

(1)

An operator or owner who prepares a safety case pursuant to these Regulations (in this regulation referred to as “the duty holder”) shall, subject to paragraphs (2) and (3), include in the safety case sufficient particulars to demonstrate that—

(a)

his management system is adequate to ensure that the relevant statutory provisions will (in respect of matters within his control) be complied with in relation to the installation and any activity on or in connection with it;

(b)

he has established adequate arrangements for audit and for the making of reports thereof;

(c)

all hazards with the potential to cause a major accident have been identified; and

(d)

risks have been evaluated and measures have been, or will be, taken to reduce the risks to persons affected by those hazards to the lowest level that is reasonably practicable.

(2)

Paragraph (1) shall only require the particulars in the safety case to demonstrate the matters referred to in that paragraph to the extent that it is reasonable to expect the duty holder to address them at the time of sending the safety case to the Executive.

(3)

Without prejudice to paragraphs 2 and 3 of Schedule 4, this regulation shall not apply to a safety case prepared pursuant to regulation 6(2).

(4)

In this regulation—

(a)

“audit” means systematic assessment of the adequacy of the management system to achieve the purpose referred to in paragraph (1)(a) carried out by persons who are sufficiently independent of the system (but who may be employed by the duty holder) to ensure that such assessment is objective;

(b)

“management system” means the organisation and arrangements established by the duty holder for managing his undertaking.