CD277 Substances in Harbour Areas regulations 1987 (DSHAR), and guidance HSE(R27)

Health and Safety
Executive
Health and Safety Executive
CD277 Proposals on the review of the Dangerous
Substances in Harbour Areas regulations 1987 (DSHAR),
Approved Code of Practice (COP 18)
and guidance HSE(R27)
Reply Form
Completing this Questionnaire
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Health and Safety
Executive
Choose one option:
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to be confidential. (NB if you do not indicate your choice they will be made available to the public. This
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Q1. Do you agree or disagree with our proposals in paragraphs 18-26 of the
consultation document to amend the definitions and scope of DSHAR?
Agree
Disagree
If you disagree, please state why?
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Health and Safety
Executive
Q2. Would the changes proposed to the exemptions to DSHAR mean you had
to do anything different to comply with the regulations?
Yes
No
If yes, please state why?
Q3. Do you agree or disagree with our proposal to retain part II of DSHAR?
Agree
Disagree
If you disagree, please state why?
Q4. Do you agree or disagree with the amendments we are proposing in
paragraphs 30 and 31 of the consultation document to the notification duty in
regulation 6 of DSHAR?
Agree
Disagree
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Executive
If you disagree, please state why?
Q5. Should we revoke Part III of DSHAR – Marking and Navigation of Vessels?
Yes
No
If not, please state why?
Q6. Should we revoke Part IV of DSHAR, on handling dangerous substances?
Yes
No
If not, please state why?
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Health and Safety
Executive
Q7. Should we revoke Part V of DSHAR on liquid dangerous substances in
bulk?
Yes
No
If not, please state why
Q8. Should we revoke Part VI of DSHAR on packaging and labelling of
dangerous substances?
Yes
No
If not, please state why.
Q9. Should we retain the duties in regulations 26 and 28 of DSHAR (emergency
planning and untoward incidents) in the new regulations?
Yes
No
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Health and Safety
Executive
If not, please state why
Q10. Do you agree or disagree that we should replace the duty in regulation 27
of DSHAR with a duty on berth operators to inform the master of a vessel of the
emergency arrangements at the berth?
Agree
Disagree
If you disagree, please state why.
Q11. Should we revoke regulations 29-31 of DSHAR?
Yes
No
If not, please state why.
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Health and Safety
Executive
Q12. Should we retain the requirement currently in regulation 32 of DSHAR for
a designated parking area for dangerous goods?
Yes
No
If not, please state why.
Q13. (i) Should we replace the licensing requirement for harbours where ships
carrying explosives are merely passing through, with a notification
requirement on the ship?
Yes
No
If not, please state why.
Q13. (ii) We have assumed that this would make no difference to what ships
carrying explosives through harbours would need to do in practice. Do you
agree or disagree with this assumption?
Agree
Disagree
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Health and Safety
Executive
If you disagree, please state why.
Q14. Should we replace the current military exemptions with an exemption for
explosives under the control of Secretary of State and visiting forces, as set
out in regulation 12(2)(e) of the proposed new regulations?
Yes
No
If not, please state why.
Q15. Do you agree or disagree with our proposals in paragraphs 94–98 of the
consultation document to amend the explosives safety and security
requirements in DSHAR?
Agree
Disagree
If you disagree, please state why.
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Health and Safety
Executive
Q16. If we reduce the record-keeping requirement from 5 to 3 years as
proposed in paragraph 99 of the consultation document, would this lead to any
cost savings for you, compared with what you do now?
Yes
No
If so, please provide an estimate of any savings and explain your answer
Q17. Should we keep the current provisions enabling statutory harbour
authorities to make byelaws relating to dangerous substances in their harbour
area?
Yes
No
If not, please state why
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Executive
Q18. Do you have any comments on the proposal to retain the current
enforcement arrangements in DSHAR?
Yes
No
Please explain
Q19. Should we withdraw COP18 and HSR27 and replace these documents with
a single consolidated ACOP?
Yes
No
Please state why
Q20. Is the draft ACOP and associated guidance sufficiently clear for you to be
confident about how you can comply with DGHAR?
Yes
No
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Executive
Please state why
Q21. Are there any impacts from the revision of the guidance and ACOP that we
should be aware of?
Yes
No
If so, please explain
Q22. Do you agree or disagree with HSE’s estimate of the industry sectors and
the number of enterprises affected in Table 1 on page 23 of the consultation
document?
Agree
Disagree
If you disagree, please provide further information
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Health and Safety
Executive
Q23. HSE has assumed that the enterprises referred to in Table 1 (other than
those involved in the transportation of freight by rail and road) may, at some
point, come into contact with Dangerous Goods?
a) Is this reasonable?
Yes
No
b) If not, what would be a reasonable estimate of the proportion of these
enterprises that would come into contact with dangerous goods? Please state
why
Q24. HSE estimates that 10% of enterprises undertaking freight transport by
road are involved in the transport of dangerous goods to harbours and harbour
areas. Is this assumption reasonable?
Yes
No
If not, what would be a reasonable estimate of this proportion?
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Executive
Q25. Do you agree or disagree with our assumption that the proposed changes
will be largely cost-neutral?
Agree
Disagree
If you disagree, please state why
Q26. HSE estimates that familiarisation costs for businesses in the road and rail
freight industries would be minimal. Do you agree or disagree with this
assumption?
Agree
Disagree
If you disagree, what would be a reasonable estimate? Please provide a basis
for your answer.
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Health and Safety
Executive
Q27. Is HSE's assessment of the process of understanding and communicating
duties under DSHAR, as outlined in paragraphs 124 and 125 of the consultation
document, reasonable?
Yes
No
If you have said no, please state why.
Q28. How do businesses in your sector receive information about their
obligations under DSHAR?
Q29. How often do businesses in your sector refer directly to the regulations
and/or the guidance or ACOP documents?
Q30. Do you agree with the assumption that it will take approximately one hour
of a Health and Safety Manager’s time, at a cost of £36.22 per hour, to
understand and make provisions to communicate changes under the
proposal?
Yes
No
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If not, what would be a reasonable estimate?
Q31. Do you have any other comments on the impact on businesses, including
other assumptions made, that are not covered by questions 22-30?
Yes
No
Are there any further comments you would like to make on the issues raised in
this consultative document?
Is there anything you particularly like or dislike about this consultation?
Please provide comments.
Please send your response by 23 December 2015 to:
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Health and Safety
Executive
DSHAR review team
Health and Safety Executive
5S.3.18 Redgrave Court
Merton Road
Bootle
Merseyside
L20 7HS
E-mail: [email protected]
Thank you for taking the time to complete this questionnaire
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