Registered Office 10, STATION ROAD WITTON BIRMINGHAM 6. Telephone: 021·328 0034
Works
STATION DRIVE, THORNHILL ROAD, STREETLY, SUTTON COlDFIElD, WEST MIDLANDS B74 3EN. Telephone: 021.3536288(3 Lines)
Concern has recently been expressed at the decline in activity within the branches of our Association, and members will note that this issue in fact carries only two branch reports. The APEA has always depended heavily upon its branches for support and encouragement, and it has always been important to members to know that they are not working in isolation but had access to other members and associates for advice and discussion at regular branch meetings. Some branches have always been to the fore in providing these resources, an example being the South Eastern branch, but in others there does not seem to be as much activity as there might. Your Honorary Editor declare his guilt in this respect, hav1ng until recently been Secretary of the Eastern branch. The Association is still rightly recognised by outside interests as a source of knowledge and experience in the joint fields of PetrOleum and Explosives. These resources must be made regularly and easily available to the membership through the development and consolidation of our branches.
The importance of using the United Kingdom Hazard Information Label on road tankers carrying hazardous chemicals and fuels is shown in a new film produced by BP Chemicals Ltd. Titled "Hazchem" the film explains how the new Hazchem code works and vividly illustrates the danger of dealing with a hazard without knowing the exact nature of the load.
If adopted as a mandatory requirement for road tankers carrying hazardous loads , the code would make it easier for the emergency services to determine how best to deal with an incident.
The film is principally intended for those directly concerned with the road transport of chemicals and fuels but it could be used to show the public what the Hazchem code means and warn of the danger of approaching an accident.
It is available on loan from the BP Film Lbrary, 15, Beaconsfield Road, London NWlO 2LE.
From: Motor TransportPocket-sized Hazchem code cards are now available from Her Majesty's Stationery Office, priced 3p each
The cards explain the symbols and figures which appear on Hazchem signs and give advice on how to handle substances, in case of an accident, once identified.
Designed to be carried in the pocket, the cards are for personnel who have direct invoIvement with the trans port of hazardous chemicals and fuels by ro ad and rail, the emergency services , chemical manufacturers and chemical users.
The Hazchem code is divided into fiv e sections; f ire- fighting media; personal pr otection, risk of violent re action; spillages; evacuation.
Hazchem is a voluntary scheme but it is e xpected to become mandatory soon . All tank vehicles will have to displ ay the sign
From : Mo tor Transpor t
In volume 16, number 1, we published an article by Mr. P. Robinson of Buckinghamshire Fire Brigade, under the above title. Unfortunately the diagram, reproduced below, was omitted. My apologies for this mental block!!
J:LAt-JGE. FOIt. 1= L.E.)( I e,L.E.
Engineers who built a motorway roundabout over a disused petrol station admitted recently that they had boobed.
Part of the M63 Stockport _ Cheadle interchange was recently closed to remove underground petrol tanks.
An Environment Department spokesman said: " The tanks were specially treated and filled when the road was built, but it is now felt necessary to remove them".
We have two new items in this issue, "Book Review", by "Bookworm" • and a diSCourse on petrol by Arthur Pint. Both these items are very welcome additions to The Bulletin, and will, I am sure, receive a warm reception from readers. Their authors prefer the use of a non de plume, which is rather a pity,
as I feel that full recognition should be given to two well written items. Nevertheless, Bookworm and Arthur prefer to keep their light under a bushel!
One Humberside resident learned to his cost the results of not taking sufficient care when handling petrol and its products. This gentleman was draining petrol from the tank of his car into an open bowl whilst his car was parked in his garage. Situated in a corner of the garage, which was an integral part of his home, was the gas fired central heating boiler. The pilot light ignited the petrol
vapour coming from the bowl, setting fire to the garage and the car. At the same time a blast of flame shot up the outside of the boiler flue into the roof space, where a propane gas bottle for the family caravan was stored immediately above the boiler. The gas bottle exploded, blowing the roof off the garage and bungalow. The fire destroyed the of the home and the car, and the man was fortunate to escape with his life, crawling on his elbows from the inferno. Within seconds, a thoughtless action had turned into a catastrophe.
Later, when the unfortunate man was being interviewed, he was asked his occupation and replied "I'm a safety officer ........ "
This article originally appeared in "The Monthly Review", and is reprinted by ki.nd permission of the Editor of that journal, Roger Manley. Although it may already have been read by members working within Consumer Protection Departments, we make no apology for reprinting it here, as the implications of Mr. Green's article are of great importance to all Petroleum and Explosives Officers.
Until the last decade it is probably true to say that Inspectors of Weights and Measures regarded themselves as experts in the somewhat restricted duties which they then undertook. There was generally more time to develop the necessary degree of expertise and more time to consider particular problems. There was little scope for more junior members of departments to have direct contact with the public and most senior officers knew what was happening in their own offices and in the geographic areas for which they were responsible.
Now however the position has been " 'd t reached where few officers can be conf1 en that they are masters of all the situations which they face and they need to rely increasingly on junior staff to accept unsupervised duties. At the same time officers are rightly accepting a change in emphaSis in enforcement work from a negative "thou shalt not" attitude to a positive advisory role. They are also . .. . d' 'ng members 1ncreas1ngly 1nvolved 1n a V1S1 of the public of rights at civil law, h' hare suggesting courses of act10n w 1C . es g1v1ng open to them, and, 1n some cas , pre-shopping advice. Finally, the same officers are more uniformly responsible. for essential safety legislation the storage and conveyancing of substances and the maintenance of an1mal· heal th.
Quite apart from the effect these developments have on departmental organisations and work loads, one by-product which has tended to be overlooked is the increased risk of staff committing an error of judgement and putting themselves and their local authority at risk in the civil courts.
Incidences of contractual arrangements initiated by trading standards departments are still few, despite the increased hiring arrangements for specialist equipment. The far greater risk is an action in tort for negligence. Obvious instances where staff are at risk could include inadequate supervision of petroleum installations, the giving of inadequate pre- or post-shopping advice, or failing to identify offences connected with goods or labels submitted for comment by packers.
An action in tort for negligence rests on three grounds, a duty of care by one party to another, a breach of that duty, and resultant damage. Until 1963 such claims were mainly restricted to physical damage, the source of which actions are usually attributed to the House of Lords decision in Donoghue (or McAlister) v. Stevenson (1932) All E.R. Rep.l. That case, appropriately enough involved an unfortunate snail's remains being present in a bottle of ginger beer consumed by a member of the public. The resultant speeches both outlined the duty of care and defined the person to whom that duty is owed, in relation to the sale of goods. It was made clear, however, by Lord Macmillan that "the categories of negligence are never closed".
Donoghue was a turning point in the tort of negligence and from it, as envisaged by Lord Macmillan, has flowed the variety of actions witnessed today.
In Dutton v. Bognor Regis United Building Co. Ltd. and another (1972) 1 All E.R. 462 a building inspector failed to efficiently inspect the foundations of a house constructed on a disused rubbish tip. The responsibility of the builder for damage resulting from inadequate foundations was limited and a subs'equent innocent purchaser of the house successfully sued Bognor Regis Urban District Council, the employer of the building inspector, as being vicariously liable for his negligence.
There was much discussion on whether the local authority was under a duty to examine the foundations or had only the power to do so. In the earlier case of East Suffolk Rivers Catchment Board v. Kent and another (1940) 4 All E.R. 527 it was established that only in the former circumstances, namely of an authority being under a duty to carry out a particular function, was it liable for failure to do so. In
Dutton v. Bognor Regis United Building Co. Ltd., however, Lord Denning said "this argument assumes that the functions of a local authority can be divided into two categories, powers and duties. Every function must be put into one or other category; it is either a power or a duty. This is, however, a mistake; there is a middle term, it is control. In this case the significant thing in my opinion is that the legislature gives the local authority a great deal of control over building work and the way in which it is done In case of any contravention of the by-laws they can compel the owner to remove the offending work and make it comply with the by-laws. They can also take proceedings for a fine. In my opinion the control thus entrusted to the local authority is so extensive that it carries with it a duty which puts on the council the responsibility of exercising that control properly and with reasonable care · so here I think the council, having a right of control over the building of the house, have a responsibility in respect of it. They must, I think, take reasonable care to see that the by-laws are complied with. They must appoint inspectors to examine the work in progress. These inspectors must be diligent and visit the work as occasion requires. They must carry out their inspection with reasonable care so as to ensure that the by-laws are complied with".
The Dutton case was supported this year by Anns and others v. Merton London Borough Council in a House of Lords deCiSion on a preliminary issue (The Times, 12th May 1977)
All the cases referred to so far have involved physical damage of one sort or another but in Hedley Byrne and Co Ltd v. HelIer and Partners Ltd. (1963) 2 All E.R. 575 the House of Lords confirmed that negligent statements leading to financial loss are also actionable. A bank was alleged to have negligently issued gratuitous information on the financial standing of a customer in circumstances which led the enquirer to suffer financial loss. The incorrect information was alleged to have been given honestly but without due care.
It was held that if, in the ordinary course of business or professional affairs, a person seeks information or advice from another who is not under contractual or
iiduciary obligation to give the information or advice, in circumstances in which a reasonable man, so asked, would know he was being trusted or that his skill or knowledge was being relied on, and the person asked chooses to give the information or advice without clearly so qualifying his answer as to show that he does not accept responsibility, then the person replying accepts a legal duty to exercise such a care as the circumstances require in making his reply. An action for negligence would lie if damage results from failure to exercise that care.
Finally, it was held by the House of Lords in the Home Office v. Dorset Yacht Company Limited (1970) 2 All E.R. 294 that the fact that activities are carried out in pursuance of statutory powers does not exclude liability in common law for negligence in the performance of these statutory duties.
Having established that a duty of care can exist in much of the work of a trading standards department, whether it is of a "control" nature of in an advisory capacity, what standard of care is expected of its officers? Where some special skill or expert knowledge is the very reason that a person is in a special position to have a duty of care, the standard expected is not that of the "reasonable man on a Clapham omnibus".
Examples of persons having a spe,cial skill and thus owing the special duty of care would include doctors, solicitors, financial advisers, building inspectors, and, logically, staff of trading standards departments.
They are all in a special position of responsibility and where opinions given or duties carried out in the course of their calling such that they call for that special skill, the possession of which they know is being relied upon, a far greater standard of care must be t.aken.
That is not to say that there is an absolute liability for a professional making a mistake in his calling; thus in Mutual Life and Citizens Insurance Co Ltd. v. Evatt (1971) 1 All E.R. 150 a decision of the Judicial Committee of the Privy Council concerning false information as to financial stability carelessly given by a defendant, Lord Diplock stated "the standard of skill and competence was that which is generally possessed to persons who engage in the calling, business, or profession of doing acts of that kind (for reward). The duty to conform to
the standard was attracted by engaging in that particular calling, business, or profession because by doing so a man holds himself out as possessing the necessary skill or competence for it".
This reflects the 1954 Court of Appeal decision of Rowe v. Ministry of Health and others, 2 All E.R. 131, where an anaesthetist and his ereployer were held not liable in negligence for failing to appreciate the possible risk of contamination of an anaesthetic, due to seepage of another liquid through minute cracks in an ampule, such a danger being unknown to anaesthetist s at that time.
Such cases are fairly straightforward in that they compare like with like. Was an anaesthetist as careful as another anaesthetist? Was a building inspector as careful as another building inspector? What, however is the position of employees in a trading standards department?
Should the standard of advice by a trading standards officer on quality and quantity control be that of a combined analyst/solicitor and production engineer? Should a consumer adviser be expected to give civil advice of the quality of a solici tor in practice or 'should the standard of performance of each of these officers only be compared with other trading standards officers or consumer advisers?
Some indication can be gained from a King's Bench Division decision in 1938 Philips v. William Whiteley Ltd., 1 All E.R 566 where a woman developed an abscesS , . d b a J"ewel ler . after having her ears Y The standard of care exercised by the jeweller . d b J'ewell ers was of the level of care eccepte . Y . working but not that accepted by surgeons . . G dd d J however, sterile 0 ar ., th t the stated "if a person wants to ensure . a is to operation of piercing her ears . of skill be carried out with that 1 and so forth that a Fellow of the ROya t go she mus College of Surgeons would use, " ller she s to a Jewe , to a surgeon. If she goe .' t as a must expect that he will carry ou t" He later jeweller will carry it ou: which a added "it is not the clean11ness se as I say, doctor would insist upon becau , Mr. Couzens is not a doctor. He was known o ground for not to be a doctor .... I see n h holding that Mr. Couzens departed from t e standard of care which you would expect that a man of his position and his training, being what he held himself out to be, was required to possess. Therefore the charge of negligence fails".
This could certainly support the contention that a general adviser should not be expected to be as knowledgeable as a specialist solicitor and that the standard of care expected of such advisers is that of other general advisers. It is perhaps of less help to trading standards officers who increasingly hold themselves out as specialist advisers on quality and quantity control and encourage local industry to seek advice upon which they can expect to be able to act without recrimination.
Certainly the standard of care expected of officers responsible for supervising the installation of petroleum storage facilities should match that of the building inspector in Dutton and, of course, the officer would be expected to have that product knowledge required of any professional dealing with petroleum spirit.
Accepting the potential liability of the officers and their employers, both for giving incorrect advice and for negligently exercising "control" functions, how can this liability be minimised? In Hedley Byrne and Co Ltd. v. HelIer and Partners Ltd. it was held that the inclusion in the bank reference of the words "for your private use and without responsibility on the part of this bank or its officials" was sufficient to make it clear that the writer was not accepting the duty of care but was putting the responsibility back in the recipient.
Such a safeguard, however, is hardly likely to instil confidential in those seeking the assistance of their trading standards· department, and who badly require authoritative decisions or advice. In view of the profession's attitude towards the use of disclaimers in the service industry, we would also risk appearing to be somewhat inconsistent. In any case, whilst such an insertion may provide a degree of protection when giving "consumer advice" it could well prove inadequate where an authority holds itself out as giving expert advice to local packers on statutory functions.
Having regard to the previouslymentioned comments in Dutton concerning the liability of authorities for "control functions" there is little likelihood of a local authority being able to avoid its responsibility for negligent acts coming within that sphere of our work.
The answer, of course, is that we must avoid being less careful than would be
expected of officers in our position. We must become, or continue to be, professional in our outlook. If, as a discipline, we are prepared to accept new duties or changed roles, we must ensure that we master them by effective training, the recruitment of the correct staff, and the establishment of departmental structures which allow the development of specialist knowledge at an appropriate level. We must also constantly re-assess priorities and objectives to allow proper consideration to be given to allocating resources. Similarly, the local authority must be informed of any particular dangers resulting from lack of resources in our departments to enable them to properly consider their own responsibility in directing available resources.
The importance of this is stressed in Anns and Others v. Merton London·Borough Council, referred to earlier. The greater part of the w0.rk of a trading standards department does not involve mandatory standards of achievement nor involve many absolute duties. We are concerned generally with the "wide area of policy" referred to by Lord Wilberforce when he said "it was for the local authority, a public and elected body, to decide the scale of resources it could make available to carry out its fUnctions under Part 11 (of the Public Health Act 1936) how many inspectors, with what expert qualifications, it should recruit; how often inspections were to be made- what tests were to be carried out. must be for its decision. It was no that the Act was drafted in terms of functions and powers rather than in terms of positive duty. Public authorities had to strike a balance between the claims of efficiency and thrift. Whether they got the balance right could only be decided through the ballot box, not in the courts". He made it clear however, that the decision on allocation of ;esources and, consequently, on deciding prioritieS must be after proper consideration because he went on to say "they (the local authorities) were under a duty to give proper consideration to the question whether they should inspect or not. Their immunity from attack in the event of failure to inspect was, though great, not absolute".
It is unfortunate but inevitable that the very departments which are grasping. the nettle by providing the most comprehens 1ve service and giving the widest advisory . service to industry and the general publ 1C are automatically placing themselveS at. the greatest risk of making an actionable m1stake.
Some folk talk about petrol as if there was some difficulty in understanding it's behaviour and great danger in it's use.
These folk are generally the so-called and often self-styled experts on the subject. It's always the same story. You find they try to give it a certain mystique, and insist on quoting the theories of physics, thermodynamics and chemistry in their efforts to explain the various phenomenon.
This approach is not only unnecessary but complicates things even more because they then have to try to explain what their theories mean.
I was never taught physics and chemistry at school so I just use my natural intelligence and powers of observation to explain things. Indeed I'm not without experience in using petrol I've used it in my lawn mower and for cleaning the grease stains from my dinner jacket. It's always been perfectly safe with me because of my knowledge of it's little quirks.
If you like I'll pass on my thoughts so that you will have the benefit of my simple logic.
The fundamental principle about petrol is it's wetness. understand this the answers to come to you in a flash.
It can be though of as being similar to water in many respects (although I find it doesn't taste as good and costs a little bit more). Indeed many analogies with water (or as the chemists term is H20) can be found. Even the technical people refer to it's origin in wells and it is frequently moved by pumps and stored in tanks. I'm told that if a lighted match'is thrown into a tin of petrol the light just goes out. I haven't tried it yet myself but it does seem logical because it is usually marked inflammable. Obviously this is because the wetness extinguishes the flame. The spirit willing but the flash is weak.
If however that same petrol is Soaked up by a cloth it does burn my singed dinner appearing as exhibit 'A' to prove this assertion. The explanation of this apparent an?maly is that the cloth acting as a towel, drles the previously wet liquid and thereby allows it to burn. Simple isn't it?
My wet hypothesis also explains the need for a very complicated piece of equipment used in a car engine (or as mechanical engineers would call it infernal combustion engine).
This equipment is called a spark plug It serves the dual function of providing a spark to ignite the petrol and acting as a plug (or bung), to stop it from running to waste whilst it's waiting to be ignited. Because of this invention we avoid the necessity for cloths in the engine which would continually need replacement as they burned away.
Why doesn't the wet petrol put out this spark? Well this spark is an electrical one and any schoolboy knows that electricity is intensified when wet. My late Uncle Digby'S shocking experience proves it. He reaches his end whilst in his bathtub clutching his second-hand mains operated massager in one hand (he claimed to have lumbago) and his rubber duck in the other. It just shows you , t can't trust the experts rubber doesn stop electricity! But I digress.
'f'ed electri-
The point is that this intensl 1 cal spark works at least most of the . e expens 1ve You've probably notlced that mor cars are provided with six or even eight . h get spark plugs In this way the rlC f se get out reliability whilst the rest 0 u 1 lawn mower to push sometimes. My. one P ugnt even isn't working at all at the mome , d·t myself. though I've Just servlce 1 sS and it's
My theory of petrol wetne d onclusively anology with water is finally an facts 'ndisputa proved by the followlng 1. Detergents easily verified by observatl0n froth it up and soaps are added to water to dishes so it becomes wetter and does to petrol better. Similarly firemen burn to increase it's wetness so lt yOU have! no matter how many spark plugs ly with the
Having dealt customary Wet Law of Petrol I now turn Wl which stion over versatility to another que lesS nightS .. you may have spent many sleep k of the woodS h' nec It's puzzling why (In t lS h to buY from at least) petrol costs as muc .t does from t · s as 1 most self service sta 10n manned sites.
ation of the After considerable observ 'sed my t' I exerCl different types of marke , take me long brain on the problem. It .dldn t The problem but then it's only a small one. that HJ.
you must grasp Once you many problems
The solution is that motorists serving themselves are seen almost invariably to hold up the hose and allow sufficient time for it to drain. Obviously this takes extra part of the profit. The garage balances this against the fewer staff and the price stays the same.
What I'm not sure about is whether we get extra petrol by emptying the hose, or whether we get short by not doing so. Perhaps the Weights and Measures, or Consumer Unit as they are now called, might possibly know?
I can't solve every problem directly myself; sometimes I have to resort to a technical handbook. Reference to this allows me to deduce that the word "octane" was invented by a Greek oilman and it means eight. Why then can we only get petrol up to five stars?
Presumably the new, improved six, seven and eight are still in the pipeline for the future.
References:
1. Every Boys Wonder Book
2. AA Handbook 1957
3. Midget Gem Pocket Dictionary.
A number of booklets and brochures have recently been published which will be of interest to everyone concerned with handling and transport of dangerous goods.
This book is the result of two years of effort by the Chemical Industries Association and is claimed to be the most comprehensive of its kind published in Europe.
Its 134 pages are designed to give an easy-to-use and authoritative guide to the maze of regulations relating to vehicle and container marking.
Among the topics covered in its 20 sections are existing codes of safe practice and statutory legislation, the ADR scheme for road transport of dangerous goods between European countries, E.E.C. Directives and the effect of the Health and Safety at Work etc. Act.
It also outlines the probable labelling requirements of proposed new U.K. legislation and suggests precautionary labelling practice which could be adopted to achieve greater safety with those chemicals not subject to statutory control.
The book is in soft covers and printed on good quality A4 paper with many colour illustrations of the various systems of labelling. It is obtainable (Price £15) from Chemical Industries Association, Alembic House, 93, Albert Embankment, London SE17 TV.
This is one of a set of four brochures again published by the Chemical Industries Association. It deals in detail with the composite sign specified in the voluntary
scheme for the marking of tank vehicles carrying dangerous sUbstances. It also explains the principles of the HAZCHEM system.
The second volume is entitled Hazchem Codings and gives a complete listing of the specific codings allocated by the Joint Committee on Fire Brigade Operations and confirmed by the Health and Safety Executive.
Twin Volumes entitles U.N. Numbers complete the set, giving listings in alphabetical and numberical order to facilitate quick reference. numbers are allocated by the U.N. authorities and each number is unique to the dangerous substance to which it refers. The numbers are used in the Voluntary Tanker Marking Scheme and are finding increasing use in other existing or proposed marking schemes to give sure indentification of substance stored or transported.
The first two volumes are £1.50 each whilst the twin volumes are £5 the pair. All prices include postage.
Subtitled 'A Guide to Safe Handling' this 40 page booklet has been produced by Hydrocarbon Solvents Association. the
It deals with the properties, uses and handling of hydrocarbon solvents. prevention of fire, accident and spillage is covered, as is the recovery and disposal of used solvents and used solvent drums. A glossary of terms and bibliography is also included.
Available from the Hydrocarbon Solvents Association, Owletts, Woodlands, Buckley, Bromley, Kent at a cost of 65p including postage. Minor inaccuracies in the section dealing with legislation do not prevent the booklet being a useful addition to works in this field.
Reproduced below are bulletins and guidance notes issued by the Health and Safety Executive for the information of Local Authority Inspectors.
Regulations requiring the labelling of road tankers carrying dangerous substances are proposed in a Consultative Document published recently by the Health and Safety Commission.
They would make mandatory the current voluntary scheme for marking tankers which has been in operation since July 1975. However, the regulations unlike the voluntary scheme would cover vehicles carrying both single and multi-loads.
The Hazardous Substances(Conveyance by Road) Tank Labelling Regulations 1977, made under the Health and Safety at Work Act 1974, would require tankers carrying a dangerous substance to a hazard warning panel designed to give certain immediate information. This can be summarized as follows:
By the shape, pattern and colour of the information panel, to warn members of the public of the presence of a dangerous substance.
In the event of an incident involving a vehicle bearing a panel, to instruct the general public that they should do no more than alert the emergency services by telephone and keep clear.
To guide the emergency services by means of the coded information ' contained on the panel, about the correct initial action to be taken on arrival at the scene of an incident involving fire or spillage.
To provide additional guidance enabling the services to obtain as much detailed they may require to control tne 1ncident after the initial phase has passed.
The voluntary tanker marking scheme currently operated by transport organisation throughout Britain was based on a
trial pilot scheme carried out in the county of Cleveland in 1975. Experience gained from both schemes, says the Consultative Document, "supports the contention that with an appropriate programme of information and education the significance of the panel is recognised and accepted by members of the public".
The type of hazard warning panel required under the draft proposals would comprise four main sections: the emergency action code; the diamond warning sign; the substance identification number, and a telephone number of a source of specialist advice. fifth section of the panel may optionally be used to show the manufacturer's or company house name or symbol.
Emergency Action Code: Numbers and letters give coded information to police and fire brigades on the appropriate initial action which fire-fighting medium should be used; whether spillages should be washed away or contained; and whether there may be a need to consider evacuating from the scene of an incident. The coding also indicates whether protective clothing or breathing apparatus should be worn and whether there is a risk of a violent reaction. Code symbols can be interpreted.by means of a handy pocket card carried by members of the emergency services.
Diamond Warning Sign: This is an internationally recognised warning, on United Nations recommendations, that a particular type of dangerous substance . is being carried. The 13 signs, as shown in the Consultative Document, warn the general public as well as the emergency services.
Substance Identification Number: This, together with optionally the name of the substance in transit, informs the emergency services of the precise nature of the material with which they have to deal.
In the case of hazard information panels for multi-loads the substance identification number would be replaced by the word "multiload".
Specialist Advice: The emergency services can obtain further advice on the action to be taken from the source given, usually the telephone number of the consignor of the load. This would be manned continuously while the load is in transit. If required specialist equipment can be obtained.
Part of the Consultative Document is devoted to a Schedule of Prescribed Hazardous Substances which would be published in conjunction with the regulations. Nearly 400 dangerous substances including hazardous wastes are covered in the Schedule which would be added to from time to time. Apart from the names of the substances, the Schedule would indicate the emergency action code allocated to each substance together with the appropriate substance identification number and diamond hazard warning sign.
The Consultative DocUment describes the different positions on tankers where hazard warning panels and compartment labels would have to be secured, depending on whether a single or multi-load is in transit. In the case of single loads the draft proposals would require hazard warning panels to be securely attached to the rear and both Sides of the tanker. For mul tiloads a hazard warning panel would have to be securely attached to the rear of every tanker, with compartment labels attached to both sides of every compartment. The labels would give the following particulars:
The substance identification number and appropriate name specified in the Schedule to the regulations;
Where compartments contain prescribed dangerous substances of different hazard classes, the appropriate hazard warning symbol as well.
A hazard warning panel of the type required under the proposed regulations would measure approximately 70cm. wide by 40cm. high. Its baSic colours would be orange, black and White although other colours could be Used for the diamond warning Sign.
In the introduction to the Consultative Document details are given of the three authorities it is proposed should be charged with the duty of enforcing the regulations. These Would be:
Department of Transport Goods Vehicle Examiners as complementary work to
their other checks within the terms of the Motor Vehicle (Construction and Use) Regulations 1973 but not as an isolated addition to the scope of these duties.
Police Officers in the event of an accident or other traffic situation, who of would note any possible contravent10n the marking regulations in the same way they would with possible violations of traffic
Health and safety inspectors of Health and Safety Executive in the residual areas of enforcement, i.e. within premises to which the Health and Safety at Work Act applies. Inspectors would be empowered to take any necessary action with respect to the proposed regulations, while in the course of performing their other functions.
In addition to the draft regulations and Schedule of Prescribed DangerouS Substances, the Consultative Document also lists a set of transport hazard information rules. These rules would 'sS10n 1Ssued by the Health and Safety Comm1 giving information on the warning panelS 'ls to and compartment labels and the deta1 uleS be shown on them. In addition, the r d t · n co e would explain how an emergency ac 10 is determined for a multi-load hazard information panel when the tanker is bstances. conveY1ng a number of difference su
S ub- Although the bulk of hazardous stances is carried by road tankers, some. are transported in tank containers, thath1S a vehicle on to which a tank is loaded rat er than a vehiCle of Which the tank is an intergral part. The Health and Safety CommiSSion has deCided however that aS bl ' "la e there is insuffiCient information ava1 'r at present of the consequences of the 1 proposals, tank containers should not b e ' on 'SS1 Subject to the regulations. The comm1 is giving further consideration to the problem.
..
1, Any Local Authority which is enforCing authority under the Health Safety at Work Act 1974 has the under Section 19(1) of that Act to: tever " t· d wha .... app01n as 1nspectors (un er . e) title it may from time to time Such persons having suitable qua11f1Cinto as 1t th1nks necessary for carrY1ng s 'on effect the relevant statutory provis 1 d Within its field of responsibility, an r unde may terminate any appointment made this Section".
an and power
2. The Local Authorities concerned are:
District and County Councils in England and Wales;
London Borough Councils; Islands District and Regional Councils in Scotland;
Common Council of the City of London; Council of the Isles of Scilly; The Sub-Treasurer of the Inner Temple; The Under-Treasurer of the Middle Temple;
3. The Act requires that each inspector has a written instrument of appointment, prepared in accordance with Section 19(2) of the Act, which states that: "Every appointment of a person as an inspector under this section shall be made by an instrument in writing specifying which of the powers conferred on inspectors by the relevant statutory provisions are to be exercisable by the person appointed; and an inspector shall in right of his appointment under this section: (a) be entitled to exercise only such of those powers as are so specified; and (b) be entitled to exercise the powers so specified only within the field of responsibility of the authority which appointed him"
4. Authorities should, therefore, satisfy themselves that the person signing the instrument of appointment is properly authorised to do so. Although evidence on this point would not normally need to be produced it may exceptionally be necessary to produce it.
5. The Act requires that the instrument of appointment must show which powers the inspector is authorised to use. The powers detailed in the following Sections of the HSW Act 1974 are available:
Section 20(2) (a) to (m) inclusive
Section 21
Section 22
Section 25
Section 39(not applicable in Scotland)
In addition instruments should show in respect of an individual inspector any powers which he derives from health and safety regulations and/or extant powers under existing statutory provisions. These are defined in Sections 53(1) of the HSW Act 1974 as the provisions of the Acts mentioned in Schedule 1 to that Act which are specified in the third column of that Schedule and of the regulations, orders or other instrument of a legislative character made or havi:g effect under any prOVision so specified.
6. Whatever powers are assigned in the instrument of appointment, as regards day-to-day performance of functions it may be desirable to make administrative arrangements to allocate the functions among the inspectors. However, authorities are strongly recommended to ensure that, in line wi'th the requirements of Section 19(1) of the HSW Act 1974, inspectors are authorised to exercise only those powers which their qualifications merit.
7. It should be noted that under Section 19(4) of the HSW Act 1974, an inspector must be able to produce his instrument of appointment, or a duly authenticated copy, if so required" •... when exercising or seeking to exercise any powers conferred on him ".
8. An example is attached of the form issued to inspectors of the Health and Safety where it is appropriate to give the inspector the fullest available power. It might be noted that although this document states that an inspector is entitled to institute proceedings under Section 38 of the HSW Act 1974, Section 38 does not confer a power, and therefore mention of the Section is not essential (Campbell v. Wallsend Slipway and Engineering Co. Ltd., 16, March 1977 Times Law Report). (The fO.i:m referred to is omitted from this report) .
1. It has been customary for advice on the keeping and transport of petroleum spirit under the Petroleum (Consolidation) Act 1928 to be obtained from the Home Office through H.M. Explosives Inspectorate. The Explosives Inspectorate has also been a source of advice on enforcement and technical matters. As Local Authorities will be aware, the Explosives Inspectorate is now part of the Health and Safety Executive which has assumed the responsibilities previously exercised by the Home Office in this area. Also, within the HSE there has been some re-arrangement of duties and responsibilities. Advice on the technical and legal aspects of of petroleum spirit has been ' divorced from advice on the storage aspects it is realised that this change in procedure may have led to some difficulties for Local Authority officers.
2. Discussions with Local Authority Associations have shown a need for strengthening the links 'between the
Executive and Local Authorities so as to provide a more effective two-way channel of communication and to assist in standardisation of enforcement on petroleum matters.
3. A successful liaison arrangement has existed for some years in London, where one senior Inspector of Factories has acted as a liaison officer for all petroleum matters with the GLC. In other Local Authority areas close liaison exists and it is thought that these arrangements have been found mutually advantageous.
4. The Executive propose to establish these liaison arrangements on a national basis using the area offices of H.M. Factory Inspectorate. To this end, the Executive are arranging for a senior Inspector of Factories in each area to be nominated as the liaison officer. The nominated Inspector will inform the licensing authorities of his appointment.
5. It would be helpful if queries related to the enforcement of the Petroleum (Consolidation) Act 1928 and its subordinate legislation could be directed, in the first instance, to the nominated officer.
MINUTES OF THE ANNUAL GENERAL MEETING HELD AT THE WEST MIDLANDS FIRE SERVICE, HEADQUARTERS. BIRMINGHAM. ON WEDNESDAY 20th APRIL 1977
The meeting was opened by Mr. T. Lister, M.I. Fire E., Chief Fire Officer of the West Midlands Fire Service who welcomed the 49 members and 6 visitors present:
The Honorary Secretary reported the rec . t elp of 53 apologies from members who were unable to attend the meeting.
The minutes of the 1976 Annual General Meeting (pr' . ) eVlously clrculated were put to the t· b mee lng. It was proposed y Mr. W.C.R. Dale seconded by Mr. S. Worsfold th t a they be accepted this was agreed by the meeting. '
Mr. C. Peskett who was present at the thanked the Association for lts generou't Sl Y ln bestowing honorary membership upon him. He reminded members present of a number of the Associat·10ns past activities and congratulated it upon its work since local gove rnment re-organisation. He wlshed the As . t· . SOCla 10n contlnued success in the future.
The Chat rman of the Association, Mr. H,T.E, Jackson in his opening address thanked the Chief Fire Officer of the
West Midlands Fire Service, Mr. T. Lister, for his kindness in opening the meeting and providing such convenient accommodation and facilities for the members present.
He continued, "I think we may say that we have more than survived a further year. During this time two Bulletins have been published and two further Branches have been instituted. Membership has been maintained and I have been encouraged by the numbers of people particularlY from industry Who have been concerned that the Association should continue its work.
For financial reason which have incurred the need to economise the Council has not met during the year and the brunt of the Association's work has fallen apon the Honorary Secretary, Honorary Treasurer and the Honorary Editor to whom I offer my sincere thankS.
Except my own Branch London and south Eastern, I have not any other Branch meetings, and I assure yoU that this was not because of any lack of conSideration for their importance, again it was a further effort on mY part to economise and reduce the Association's expenditure incurrvd in hOlding such meetings.
The Bulletin and Branch meetings are of great use to us and I would urge you to make the most of them by writing to the Bulletin on matters of general interest and by attending Branch meetings and airing your own personal views.
I would also ask for your positive support for the Association by taking every opportunity to recruit new members. The Association and its facilities are pretty good value and could become even more beneficial given the active participation of all of us".
The Honorary Secretary, Mr. J.W. Frid, reported firstly on membership which he informed members had remained fairly constant.
The totals being:Members 170 Associates 136 Bulletin Subscribers ........... 43
We went on to explain that after the Honorary Treasurer's plea for economies at the 1976 Annual General Meeting he had investigated the possibility of reducing the costs of printing the Bulletin. At that time each edition required £500 + for production. In view of the reduction in membership since local government re-organisation such cost was becoming an intolerable burden. After considerable consultation which resulted in what he felt was an acceptable reduction in the quality of our publication, a different method of printing has been adopted which has reduced the cost of each issue to a figure nearer £250. It was now hoped that it would be possible to return in due course, to publishing four ' editions annually. The Honorary Secretary did point out, however that publication obviously depended the amount of material available to the Honorary Editor and he urged all members to consider any contribution which they could make in the form f . 0 art1cles of 1nterest, controverSial I t e ters, or contacts from Whence art· I 1C es or notes can be obtained.
The Honorary Secretary furth er reported that during the year he had tt a ended three meetings of the Health d S an afety two Branch meetings and had ass1sted 1n the revival of the old Anglia Branch, now the Eastern Branch.
The meetings with the Health and Safety Executive had resulted in some information concerning the future of petroleum administration. It would appear that the current thinking of the Executive is leaning towards the control, under one umbrella, of all flammable liquids below a flash point still to be decided. Consideration is being given to the means of control, be it either by regulation, licencing, or registration. Consideration is also being given to the extension of local authority control from the present "keeping" to a measure of supervision in the use of such flammables.
The Honorary Secretary told members that he had been informed that regulations controlling the storage and use of L.P.G. (Liquified Petroleum Gas) are nearing completion and it would appear that some responsibility for the asministration of this will fall upon local authorities. The Executive are currently engaged in examining the control situation concerning toxic substances and corrosives, and was generally most active in the many fields of interest to members.
The Honorary Secretary reported that he had been assured that the Association would be consulted at an early stage in all aspects of the Executive's work which may effect members of the Association.
The Honorary Secretary drew members attention to the remarks regarding economies expressed by the Chairman and explained to members that in the absence of Council meetings the Association's work has been conducted by telephone, correspondence or direct contact between officers. He felt that as a result of these attempts to reduce the Association's expenditure the Honorary Treasurer may well have a more re-assuring report this year.
On Branches the Honorary Secretary reported the following are now active, London and South Eastern, Yorkshire, Midlands and Eastern.
Once again the Honorary Secretary made his annual plea for the encouragement of new membership. He said that whilst we are maintaining our position much more could be done by the Association given the increased finances that additional membership would bring in.
In concu1sion the Honorary Secretary thanked the Chairman, his fellow officers of the Association and members for their help and co-operation during the year, and expressed the view that providing all members pull their weight he felt that the Association was well and truly around the corner and could look forward to a period of stability, and, given steady membership growth, a more active future.
In presenting the Statement of Account the Hon. Treasurer pointed out that strict economy had resulted in many expenses remaining virtually the same as in the previous year in spite of rising costs, while others had been reduced, especially printing. Despite this there was a small deficit plus accounts to be rendered in the region of two hundred pounds. In the circumstances he could only recommend that the subscriptions of members and associates be increased by £2 per annum. If this were done it would be possible to increase issues of the Bulletin a most important improvemen t.
The Hon. Treasurer stated that in a long experience he had invariably heard the fear expressed that any increase in subscriptions would result in wholesale resignations, but it had never happened. He regretted the necessity for making the recommendation but could see no alternative if the Association were to continue.
He concluded by thanking the Chairman and Hon. Secretary for their assistance and support throughout the year.
"This is my first report to the Association since I took over the editorship of "The Bulletin" from Mr. Holdaway at last year's Annual General Meeting.
In that time, we have gone to new printers, the City of Cambridge, Printing Department. This has meant a new look for "The Bulletin" and more importantly, in these inflationery times, a lowering of printing costs.
It is hoped, as a result of this economy, to return to our former output of four issues per year, but for this we will need more materials and this is where I hope the membership will assist me to
a greater extent in the future. We would welcome any articles of topical interest to "The Bulletin" readers, particularly, perhaps, in the field of explosives, which has been rather poorly represented in the past.
Also, with a quarterly journal, it should prove possible once again to open the correspondence columns of "The Bulletin" up, and we would therefore welcome any letters of interest, and topicality. I am sure that we can all benefit from hearing news and views from other parts of the country, and if these are controversial, so much the better.
In closing may I record my appreciation to the other officers of the Association for the great. help and encouragement that they have afforded me in this somewhat difficult first year.
8. (a) Election of Chairman
Mr Bryan Collins (Buckinghamshire County Council Fire Service) was nominated and elected Chairman for the ensuing year.
The new Chairman thanked the members for the Honour of his election and looked'forward to an interesting year. The renewed emphasis on safety would no doubt put additional pressures on members of the Association.
He paid tribute to the outgoing Chairman who had submitted his report with typical modesty but whose true contribution was shown in the continuing viability of the Association. The relative satisfaction expressed by the Treasurer on this occasion must be a record of past endeavours on the part of the previoUS officers. It was now obvious that although the effects of Local Government Re-organisation were still reverberating around our respective offices the work in the Branches was still proceeding and slow progress was being made.
Mr. G.S. Bailey (Chief Consumer Protection Officer, Bedfordshire County Council) was nominated and elected to this office for the ensuing year.
Mr. J.W. Frid (County Safety Officer, Cambridgeshire County Council) was nominated and elected to this office for the ensuing year.
Mr. C.T. Peacock (Yorkshire) was nominated and elected to this office for the ensuing year.
Mr. J.S. Crewe (Petroleum Officer, Bedfordshire County Council) was nominated and elected to this office for the ensuing year.
There was no nomination. It was agreed that this office together with that of the Honorary Legal Adviser (g) should be left open pending approaches which the Honorary Secretary was requested to make.
Mr. A. Foster (Yorkshire) was nominated and elected to this office for the ensuing year.
The Honorary Secretary reported that he had received three nominations for membership of the Council of the Association. The meeting agreed that the following should be elected Mr. F. Knowles (Buckinghamshire County Council Fire Service), Mr. B.O. Lowe (Bedfordshire County Council) and Mr D.J. Riddett (Hampshire County Council Fire Service).
10. Notice of Motion No. 1
Submitted by the South Eastern Branch.
"That the annual capitation allowance authorised by No. 6 of the Association's constitution and Rules be increased to £1 per annum from January 1978".
Mr. P. Smith (Greater London Council) in introducing this notice of motion which was put to the meeting by the London and South Eastern Branch, indicated that the reason for this suggestion was the shortage of funds at Branch level which in the case of his Branch was restricting activity. He stressed that the ever increasing cost of postage was the principle B h d. ranc expen 1ture and that the Branch felt that the suggested increase would permit a more venturesome approach.
motion prompted considerable dis cuss ior•.
The Honorary Treasurer speaking against the motion, stressed the slimness of the Association's reserves, and a number of members from other Branches also spqke against the motion.
As a result of this discussion three amendments were proposed:-
1. "In the event of any Branch being short of funds to finance bona fide activities, they should be able, with the consent of the Chairman of the Association, to be funded by the Association"
It was pointed out by the Honorary Secretary that this was already the case, therefore, this amendment was not pressed.
2. "That an ex-gratia payment be made to any Branch in difficulties".
To this the Immediate Past Chairman drew members attention to the remarks made in reference to the previous amendment. It was then agreed that the amendment not be proceeded with.
3. "As an alternative to an increase to £1 as proposed in the notice of motion, an amendment reducing the sum to 75p was put forward".
This was proposed by D. Taunton and seconded by F. Knowles.
The amendment 3 was put to the meeting and was lost by 14 votes to 11. The substantive motion was then put and this also was lost, 15 voting for and 12 against.
11. Notice of Motion No. 2
"That; in order to permit persons other than authorised officers, to play a greater part in the activities of the Association to its greater good the Constitution and Rules be amended as fol10ws:-
Delete the word "Ordinary" where it qualifies Members from 3(c) 4(c)(f) and (h), 5(a) and (b), 8(a) and (e), 12(a) and 13.
Delete the words "Ordinary Members Associa'te Members" from 3(a) and substitute the words "Members and Affiliates"
Delete the whole of 4(e) and (g) and substitute the following:-
and
(e) Member any person employed by a Local Authority as an authorised o££icer within the meaning o£ the Petroleum or Explosives Acts and any person otherwise concerned with the safe handling, storage or distribution of the substances falling within the purview of those Acts.
(g) Affiliate any body concerned with the safe handling, storage or distribution of the substances referred to in (e) above.
Delete the words "Ordinary Membership, Associate" in 4(i).
Delete the words "Associate Members" in 5(a) (ii) and substitute the word "Affiliates".
Delete the reference to Associate Member in 5 (b)".
Again this motion was submitted by the London and South Eastern Branch and was introduced by Mr. A.E. Smith (Greater London Council).
Mr. Smith told the meeting that this motion was put forward as the result of considerable discussion which had taken place at a recent meeting of his Branch. He said that he appreciated that this subject had been well aired in the past, but his Branch felt that because of local pressures it should be raised as a notice of motion at the ASSOCiation's Annual General Meeting.
He explained that his Branch felt that the changes suggested in the motion would promote greater activity and interest in the Association and would allow for fuller participation in the ASSOCiation's activities by members from industry.
The Honorary Secretary, Honorary Treasurer and other members spoke against the motion stressing that such a change would infinitely weaken the Association's bargaining position. At present the Association's views were sought with regard to many matters pertaining to petroleum. Its views were not affected by commercial pressures and it was felt that this
attitude was respected by Associates from industry. The fact that industry already had a forum to express its view in the Institute of Petroleum was stressed.
After fully duscussing the main points contributed the Chairman called for a vote. The motion was lost, three voting for the motion, the remainder of members present against.
There being no other business the meeting was closed at 12.15 p.m.
The Chairman, by prior arrangement with the meeting, introduced Mr. E.J. Owen, Managing Director of Valor Partridge Limited, an Associate Member from industry who spoke briefly about a substance called "Explosafe" which can be installed within petroleum spirit containers e.g. cans, drums, tanks, to remove the risk of explosion in the event of their being involved in a fire situation. A film which demonstrated the benefits which can accrue from the use of this material was shown and samples of the material were examined by the meeting.
At the conclusion the Chairman thanked Mr. Owen for his contribution and the meeting adjourned for lunch at 1.15 p.m.
In the afternoon a most interesting and enlightening talk was given by Mr. David Jones, H.M. Assistant Inspector of Explosives, Health and Safety Executive, on the subject "Petroleum Conveyance by Road". To the meetings great interest, Mr. Jones outlined current controls in this area and held the members keen interest while he described future developments and Possibilities in this important area of Our work. His talk was followed by a lively question and answer session. At the conclusion of this Mr. W.C.R. Dale (Greater London Council) sincerely thanked Mr. Jones for his talk, after which the members showed their appreciation in the usual way.
The days business then closed at 4.15p.m
Storage without a Licence
Proceedings were recently taken against three brothers who were in partnership in an agricultural bus '.lless. They had been storing petroleum spirit for a number of years prior to the changeover of licensing authorities in 1974.
The Fire Brigade as Licensing Authority for the County Council inspected the premises in November, 1974, and produced a report covering some eighteen items that needed attention. In May, 1975, a standard letter was sent to the firm explaining the new procedures for renewing their licence and requested them to do so.
On the 27th April, 1976, a follow-up inspection was made of the installation and it was ascertained that only one item of the work required had been implemented. They were once again told that they needed to renew their licence and it was explained that legal proceedings may be taken against them.
A further inspection was made in March, 1977, and another letter together with a copy of the original survey report and renewal application forms was sent. As no reply had been received from any correspondence, a further letter was sent in May, 1977, stating that no application had been received and that a further inspection would be made within one month and if necessary the relevant action would be taken to institute proceedings.
On the 22nd June, 1977 two Officers visited the site and bought'three samples of the liquor in the storage tank. One sample remained with the firm, one sample was sent. for test and the other sample was retalned by the Licensing Authority.
.The test on the sample sent to the publlC analyst was confir med as petroleum splrlt namely gasoline.
The Clerks Department of th County Council ahead ad' e ?ornwall n lnstltuted legal under the Petroleum (Regulatl0n) Acts, 1928 and 1936 as amended.
The Magistrates Court sat on the 28th July, 1977, and found the cas e proved for the County Council, each partne . . r was flned £00 w1th a collective advocates fee of )'25.00.
The County Solicitor asked for an order to be made under Section 42 of the Health and Safety at Work, etc, Act 1974, that the installation be brought up to the required standard or closed and made safe within months. The order was so directed which allows the Licensing Authority to return after that time and if necessary prosecute again for a continuing offence.
At Llanelli Magistrates' Court on Wednesday, 19th October, 1977, Benjamin John Lloyd of 35, Greenfield Crescent Llansamlet, Swansea, was fined £75, a contravention of Regulation 3 of the Petroleum Spirit (Conveyance by Road) Regulations, 1957.
Lloyd, who is employed as a delivery driver by Shell U.K. Ltd., was in charge of a road tanker making a delivery of petroleum spirit to a Llanelli garage when the offence occurred.
The position of the storage tanks at this garage necessitates the delivery tanker parking on the roadway and making the delivery across the public footpath.
Lloyd obtained the delivery certificate from the forecourt attendant and began to couple up the delivery hose. However, due to passing pedestrians he was unable to connect the hose to the tanker outlet. He left the hose lying on the ground and went onto the top of the tanker to check the dips with the forecourt attendant.
While he was on the top of the tanker he opened the foot valves, and then climbed down and began to unscrew the cap from the outlet pipe. Due to a stone being lodged in the outlet valve it was in the open position. As Lloyd unscrewed the cap of the outlet pipe the pressure of spirit forced the cap off and consequently approximately 22 gallons of spirit escaped and found its way into the sewer and drainage system.
The Fire Brigade and Police were called and the roadway was closed while the Fire Brigade washed the area down.
At Richmond Petty Sessions R.L. Adams and P.A. Bailey, car body repairers, were each fined £25 with £20 costs for keeping about 15 gallons of petroleum mixture without a licence at workshop premises where car spraying was carried out.
At Thames Petty Sessions S. Caplin and Sons Ltd was fined £100 with £15.25 costs for keeping a large quantity of petroleum mixture adhesive without a licence on the ground floor of a four-storey multioccupancy building in Tower Hamlets. The adhesive was kept for trade supply.
The Petroleum Transport Co. Ltd., was fined £50 with £20 costs at Edmonton Petty Sessions for contravention of No.12(2) of the Petroleum (Conveyance by Road) Regulations. The manlid of a tank wagon was found to be unlocked and insecurely closed. The driver was cautioned for being in possession of the key to the manlid.
Elmar Coachworks and Motor Repairs Ltd was fined £75 with £15 cos'ts at Acton Magistrates' Court for contravening a licence Cond·t· b 1 10n y keeping a SUbstantial quantity of petroleum mixture in an unauthorised place on the premises.
Some of the vessels containing petroleum mixture were found to be open and T. Walsh, an employee of the firm, was prosecuted at the same Court for failing to observe a cond·t· 1 10n of the licence in breach of 2(4) the Petroleum (Consolidation) Act 1928. e was conditionally discharged f year. or one
h At Thames Petty Sessions D B Smith a aul . . , £1 age contractor, was fined £200 with o costs for t ransport1ng'.f1ve drums of ; flammable substance through Blackwall unnel in contravention of No.8 of the BY-laws.
At Bow Street Magistrates' Court Alan Ltd was prosecuted for two contraven-
t10ns of a l' t 1cence cond1t10n requiring storage anks to be kept securely closed and two of No.16(4) of the Petroleum Sp1r1t (Conveyance by Road) Regulations 1957.
Fines totalling £1,200 were imposed and costs of £100 were awarded to the Council.
The offences were discovered when investigation was being made into a complaint about the presence of petrol vapour in an office building adjacent to the filling station. Caps were missing from dip pipes and off-set filling pipes were not numbered. To establish the cause of the complaint the tanks and pipework were tested and a tank failed to hold pressure.
A delivery of petrol from a petrol tanker into a 5 gallon container resulted in a tanker driver appearing before the Gravesend Magistrates on 22nd June 1977. The driver John Courtney was seen filling the container by means of the draw-off tap of the tanker whilst the tanker was standing in the highway outside his home.
After being seen by the Petroleum Officer he loaded the unmarked container into the cab of the vehicle.
Informations were laid as fol1ows:-
(a) Failure to take precautions to prevent fire or explosion. (Regulation 2 of the 1957 Regulations.)
(b) Conveying petrol other than in fuel tank or carrying tank (Regulation 19 of the 1957 Regulations).
(c) "Petroleum-Spirit. Highly Inflammable" not displayed (Section 5 of 1928 Act).
The Magistrates expressed their concern at the potential danger when dealing with petroleum-spirit, and after reminding Mr. Courtney that the maximum penalty was £400.00 on each Information they imposed fines of £100.00 on each. Costs of £10.00 were awarded.
At Sevenoaks Magistrates Court on 23rd August 1977, Strand Glassfibre Ltd., of Brentford, Middlesex pleaded guilty to three charges under the Conveyance by Road Regulations.
The charges arose out of the carriage of five 200 litre drums of Acetone on a vehicle which was not properly marked by means of a flame symbol and did not carry
a fire extinguisher. In view of the fact that the driver of the vehicle was unaware of the requirements of the Regulations, an additional Information was laid against the company under Regulation 7 of the Inflammable Liquids (Conveyance by Road) Regulations 1971. This alleged the failure to furnish a copy of Regulations to the driver or to affix a copy in some place where it could be conveniently read by him.
The Magistrates imposed a fine of £50.00 in respect of each of the three charges.
Failure to comply with an Improvement Notice issued under Section 21 of the Health and Safety at Work etc, Act 1974 resulted in Wrights Driving Services Ltd., appearing before the Sittingbourne Magistrates on 5th September 1977.
The Improvement Notice referred to the failure to render safe fi underground tanks which had been used for petrol and which had been out of use for some 15 months.
A guilty plea was entered and a fine of £100.00 with £20.00 costs was imposed.
On 18th July, 1977 at Nuneaton Court, Petrofina (U.K.) Petrofina House, York Road, Lcndon pleaded guilty to three charges concerning tanker vehicle HYF 736N.
In a suction pump, the pump evacuates a chamber and then atmospheric pressure pushes in petrol or whatever is available to fill the void.
Let us assume that the atmospheric pressure today is 15 P.s.i.g. Then knowing that a one foot head of water weighs (or exerts a pressure of) 0,434 p.s.i., we can calculate that if our suction pump had created a perfect vacuum today'S pressure would be capable 0f pushing water up 15 0,434 feet or approximately 34! feet to fill the Void. The water will achieve no greater height
As the load of petroleum spirit was being discharged at a filling station a considerable quantity leaked from a faulty pipe flange on to the forecourt.
In addition, two filling-pipe covers were found to be unlocked. Fines of £75 were imposed on all three charges under regulations 11 and 12 of the 1957 Regulations. Costs amounted to £25.
At Coleshill Magistrates' Court on 10th June, 1977, Station Street Garage (Atherstone) Limited, Ratcliffe Road, Atherstone were charged with the following contraventions of licence conditions:-
(1) A delivery of petroleum spirit from a self-service petrol pump into a portable container was made other than by the licensee or an attendant engaged in the operation of the pump.
(2) Did allow petroleum spirit to be dispensed into a portable container which was not a metal container and was not conspicuously marked "Petroleum Spirit Highly Inflammable". The company pleaded guilty and was fined £20 on each.charge, with £10 Advocates fee.
At Warwick Magistrates' Court on 12th July, 1977 A.J. McDonagh and Sons Ltd., Bridge Garage, Birmingham Road, Warwick were fined £25 for contravening licence conditions by allowing petroleum spirit to be dispensed into a portable container which was not a metal container and was not conspicuously marked "Petroleum Spirit Highly Inflammable".
than this even if the vacuum stretches from here to the moon. We will not achieve this height tomorrow if the . . d to 141 0. S 1 .g., barometric pressure rops • our top limi t will then be hot much over 33 feet. However, anyone accustomed . h t "t is imposs1ble pumping water knows t a 1 to obtain a perfect vacuum with the standard suction pump and would therefore never attempt to suck water up more than about 20 feet.
Petrol is lighter than water. Its exact specific gravity varies with grade but a figure of 0.75 is about the right order. Thus with a perfect vacuum and an atmospheric pressure of 15 p.s.i.g one
might expect to produce a column of petrol 34i 0.75 feet or approximately 53 feet high. In practice, however, there are complications with vapour or flashing off and destroying the vacuum; petrol pump manufacturers who are experienced in the field recommend a maximum suction lift of 12 feet for petrol. Moreover, they suggest a maximum horizontal suck of 100 feet. All petrol pumps in current manufacture in this country will better these figures but the manufacturers are wise to lay down limits.
These restrictions apply, of course, only on the suction side of a pump. On the pressure (or discharge) side one can push petrol as far and as high as one wants if one is prepared to build a pump which is big strong enough.
Many garage proprietors, nowadays, wish to keep their forecourts purely as sales areas and not have them cluttered with underground petrol tanks which will certainly require filling and may require servicing from time to time. One way of doing this and beating the limitations which the use of suction pumps imposes, is to site the pumps and tanks in a position remote from the forecourt and to feed the dispensers on the forecourt by pressure lines from the pumps. It is pertinent to add from the economic standpoint that a.dispenser
Criminal Law Act 1977 Increase of Penalties.
-
By The Criminal Law Act 1977 (Commencement No.l) Order 1977 No. 1365 (C.47). made on 4th August 1977 the provisions of Section 31(1) of the above Act are brought into force as from 8th September 1977. The effect of the changes is to increase the maximum fine that may be imposed on summary conviction for certain offences. Those which concern this association are set out below:-
aealth and Safety at Work etc. Act 1974. -section 33(1)(d) Contravening requirement imposed by or under Section 14 or obstructing any person in exercise of his powers under Section 14.
t ion 33(1){e) sec Contravening requirement imposed by inspector under Section 20
without an integral pump is cheaper to replace than a standard measuring pump when the time arrives for the periodic forecourt face-lift.
However, although the interest of economy may be served by this arrange·ment, safety most definitely is not, Firstly a pressure line with a hole will leak all the time it is under pressure (i.e while the pump is working) whereas a suction line can leak only when it is not under suction. Secondly the quantity lost from a pressure line through a hole of given size greatly exceeds that that would be lost from a suction line. Thirdly, a pump attendant should be able to recognize that a suction line is faulty from the performance of the pump whereas he would have no immediate indication of a pressure line leak. Lastly, if a dispenser connected to a pressure line is knocked over while its remote pump is working petrol will be sprayed all over the forecourt; such a thing could never happen with the standard petrol pump.
However all is not lost because there are detector valves which will indicate a leak in pressure lines. What is more, impact check valves can be fitted at the base of dispensers to stop outflow of petrol when a dispenser is demolished.
by E. Furniss Assistant County Consumer Protection Officer, Kent County Council.Section 33(1)(f) Preventing etc. any other person appearing before inspector
Section 33(1)(h) Intentionally obstructing inspector.
Section 33(1)(n) Falsely pretending to be an inspector.
The penalty for each of these offences is found in Section 33(2) 'and has been increaSed from £400.00 to £1,000.
Section 290(6) Failure to execute works. This is the penalty section which operates for the failure to render safe disused petrol tanks following the service of a statutory notice under Section 73 of the Public Health Act 1961. There is an increase from £5.00 to £500.00 in the maximum fine stipulated. However, the daily fine in respect of a c?ntinuing offence following conviction rema1ns at £2.00 per day.
Minutes of the meeting of the Eastern branch held at the Cambridgeshire County Council Fire and Rescue Service, Divisional H.Q. Parkside, Cambridge 5th October, 1977.
The meeting was opened by Mr. J.W. Frid, the Chairman of the Branch. Mr. Frid thanked the 14 members and 4 guests for their attendance and hoped that they would find the meeting useful. Mr. Frid also welcomed to the meeting Mr. G.S. Bailey, Vice Chairman of the Association, from Bedford.
9 members tendered their apologies.
There were no matters arising
APPOINTMENT OF BRANCH SECRETARY
Mr. J.S. Crewe resigned his position as Branch Secretary due to pressure of work. Mr. E.B. Brown, Cambridgeshire Consumer Protection Department, was nominated to act as Branch Secretary until the A.G.M. This was agreed by the members and Mr. Brown accepted.
A lengthy discussion followed regarding the frequency and nature of meetings. It Was generally felt that at least four meetings a year should be called; the A.G.M., in March, a visit to a place of interest in June and two other meetings in Sept/Oct and Dec/Jan. It was also thought that the second Wednesday of the month was more acceptable.
Several places were suggested for visits, these being Bacton, Canvey Island, the Shell Depot at Bunsfield and Boreham Wood Fire Research Station. Mr. Thompson of the G.L.C. and Mr. Waller'of Shell offered to make enquiries as to the possibility of a tanker inspection being the subject of the next meeting.
Mr. Frid informed the meeting that there was to be a one day conference organised by the H. & S.E. on the Future of Petroleum. He had been asked to give a paper on Filling Stations and Can Stores and would be pleased to receive any comments on th problems which present legislation was e causing. The members responded by saying that the H. & S.E. should be more decisive Codes of Practice would perhaps be more '
acceptable than Regulations. Uniform Licence Conditions would be an improvement, but each Authority must be able to write in special conditions for that 'unique situation. It was also felt that there ought to be a definition of keeping and use of mixtures. Mr. Frid explained that it was intended that there should be broader control of low flash products, both their storage by licence and their conveyance.
The question was raised as to whether a double compartment tank is one tank. The H. & S.E. suggested it is not, so if one compartment failed to hold pressure the other side be permitted to be used. The meeting had mixed feelings as to this view and again drew the attention of the Chairman to the H. & S.E.'s lack of decisiveness.
In the afternoon the meeting was addressed by Roger Nourish, H.M. Inspector of Factories and Petroleum Liaison Officer, H. & S.E. (Northern Home Counties).
Mr. Nourish covers Cambs, Beds, Bucks and Herts and is based at Services Group 5, Luton.
Nourish explained that he had been appointed, as had his fellow liaison officers, in order to bridge the gap between the H. & S.E and the local Authorities administering the Petroleum Acts. He hoped that petroleum officers will contact him on any point at issue and he will obtain the views of his superiors and then hopefully give a decision. This should alleviate the need for appeals, and the petroleum officer might feel that he has a better idea of the objectives of the Code of Practice.
Mr. Nourish informed the meeting that the H. & S.E. needs to build up a picture on all accidents involving conveyance of dangerous substances, and he would appreciate reports of all such incidents, the briefest form will suffice.
A general discussion followed with the emphasis on the H. & S.E.'s lack of decisiveness in the past.
Mr. Frid thanked Mr. Nourish for coming and standing up to the barrage so well. He hoped that he would come again to a further meeting.
The meeting closed at 3.30 p.m.
Minutes of the meeting of the Yorkshire and Humberside Branch of the Association for Petroleum and Explosive Administration held on Thursday 10th March 1977, at the West Yorkshire Fire Service Department, Oakroyd Hall, Birkenshaw, Bradford.
The meeting was opened at 11.00 a.m. by the Chairman, Mr. R.J. Smith, who extended a warm welcome to the twenty-four members and visitors present.
The Minutes, which had been previously circulated, of the inaugural meeting were approved, being proposed by Mr. Cresswell and seconded by Mr. E.W. Dean.
None
APOLOGIES
Apologies were received from five members
TREASURER
It was suggested by the Secretary that as a member was prepared to take over the Treasurer's duties, the volunteer, Mr. K. Scruton, be elected to the post
Proposed R.G. Kitching
Seconded E.W. Dean
The question of branch rules was raised and it was agreed by the meeting that the National Honorary Secretary be approached for a copy of branch rules.
Mr. J. Cowling suggested that Dr. Johnstone of the Health and Safety Executive be approached regarding a talk. Mr. Smith stated that informal contact had been made.
It was further suggested by Mr. B. Slater that Garage Management Services be contacted regarding a talk on electronic conversions.
Finally, it was agreed that the matter be left in the hands of the Secretary and Mr. B. Slater to make the necessary arrangement with Garage Management Services.
The Business meeting concluded at 11.45 a.m, the rest of the day being devoted to a paper by Divisional Officer R.J. Smith of Humberside County Council on petroleum licensing appeals. A great deal of discussion was provoked by the paper and the Secretary was instructed to make contact with the National Secretary for the Association to bring pressure to bear on the Health and Safety Executive for adoption of Model Codes, as provided by Section 16 of the Health and Safety at Work Etc., Act, 1974.
Finally a vote of thanks was expressed by Mr. J. Cowling
On the morning of Tuesday 14th December, 1976, an articulated road tank/wagon overturned and caught fire on the A.45 dual carriageway Stowmarket, Suffolk, by-pass. The vehiCle was carrying a total of 26,000 litres of Petroleum Spirit from Coryton, Essex to Lakenheath, Suffolk.
The vehiCle was travelling in a westerly direction towards Bury St. Edmunds and when it approached a carriageway diversion caused by roadworks, it crossed the central reservation but the trailer appeared to have caught part of the central island. It then appeared
By R. Jones, Petroleum Officer, SuffOlk County Councilto swing to the off-side and (i.acknife, the vehicle then fell into its off-side and after hitting a bridge railing skidded along the road before finally coming to rest on the far side of the carriageway.
The road is on a higher level than the surrounding land (approximately 40 feet) and the direction of travel is down a very slight incline. The road, in the form of a Viaduct, crosses two minor roads, a main railway line and a river which flows through the town of Stowmarket and then through I.C.I Paints factory.
The road was damp and the visibility poor, although no traffic was approaching due to a road accident some 4 miles towards Bury St. Edmunds, involving a vehicle carrying liquified Petroleum gas.
Examination of the vehicle revealed no apparent faults, but the vehicle was so badly damaged that no firm conclusions could be drawn, however, it was found that the off-side of the tank was flattened as a result of impact with the road. The rear top off-side had suffered extensive damage, and the crash barrier had ruptered the two rear compartments, and a portion of the barrier was entangled in the shell.
All the manlid covers were missing, and
although some parts were recovered all working parts appeared to be in order. Apart from one, all the outlet faucets were missing, and all the foot valves were fractured, apparently due to extensive heat. All the manlid and faucet bolts were in place, and the threads were undamaged.
Fortunately most of the petrol was burnt, but a quantity did flow via the road drains into the river, however, prompt action by the Anglian Water Authority prevented most of the spirit from flowing into the main 'river, and although constant explosimeter readings were taken, only the immediate are showed danger readings.
Subsequently the vehicle was righted, and the remains removed from the scene
AN ACCOUNT BY MR.E.FURNISS, ASSISTANT COUNTY CONSUMER PROTECTION OFFICER,
KENT COUNTY COUNCIL.
This first report of the Health and Safety Commission was published on 4th October 1977. It covers the period from 1st October 1974 when the Commission was established to 31st March 1977, which has , been designated as the end of its first accounting year.
The report includes a five-year plan of work for the Health and Safety Executive which contains 140 specific projects distributed through seven programmes or areas or work. It also incorporates the HSE's report to the HSC so that a complete picture of the activities of the Commission and its operational arm The Executive can be studied together.
The section of Programme 1 of the five-year work plan relating to dangerous substances is of most interest to our members. It is divided between short term work i.e. projects which should show results within about a year of commencement, and longer term projects which will take two years or more to complete. Some of the projects are extracted below;-
Long term projects
1. The preparation of general regulations to replace and amplify the present fragmentary regulations on the conveyance of all classes of hazardous substances by road. The general regulations planned to be available by mid-1978, will be
followed by special requirements, as necessary, for individual classes.
2. Preparation of general regulations for the control of hazardous substances in ports and harbours, in order to produce a uniform standard throughout the country.
3. Preparation of general regulations under HSW Act to control the use of explosives and pyrotechnics.
4. Review of existing legislation dealing with flammable gases and flammable liquids (except conveyance) leading to;(a) preparation of regulations etc. controlling highly flammable liquids in all workplaces involving the replacement or modification, inter alia of ss. 1 to 3 of the Petroleum (Consolidation) Act 1928 and the Highly Flammable Liquids and Petroleum Gases (HFL/LPG) Regulations 1972; and (b) preparation of regulations controlling flammable gases 1n . i the replacement workplaces 1nvolv ng of those parts of the HFL and LP? Regulations 1972 and related leg1slation which relate to LPG.
5. Review of controls over major f installations from the point of V1ew 0 the safety of persons at work and members of the public. The advisory Committee on Major Hazards has published its first report.
6. Development of standards for equipment liable to operate in flammable atmospheres and designed to use or eliminate static electricity. Harmonisation of European Stand,ards for use in conjunction with EEC Article 100 Directives dealing with electrical equipment in explosive atmospheres; also development of British Standards, Codes of Practice, and Recommendations of the International Electrotechnical Commission, all of which will be in direct use of HSE certification, approval, and testing organisations for both the mining and nonmining industries.
1. Proposed regulations to implement EEC Directives on the classification, packaging and labelling of dangerous substances. Also similar project on labelling of dangerous solvents.
2 Replacement, amendment and extension of the provisions of the Explosives Act 1975 by regulations under the HSW Act to cover definitions, classification manufacture, packing, marking and imporatation of explosives and pyrotechnics, and the keeping and use of acetylene under pressure.
3. Preparation of regulations to control the conveyance, storage, sale and acquisition of explosives and pyrotechnics.
4. Regulations are to be prepared enabling the granting of exemptions from the requirements of the Explosives Act 1875
5. Preparation of regulations to implement the U K. Hazard Identification scheme (placarding of .tankers conveying dangerous substances)
6. Final preparation of reports of working parties on:
(a) Storage and use of highly flammable liquids in the paint industry; (b) storage and use of highly flammable liquids and LPG in the construction industry; (c) storage and use of polyurethane foam; (d) hot work on plant which contains, or has contained, flammable liquids
7. Preparation of Code of Practice on the construction of tankers for the conveyance of dangerous goods.
8. Revision of Quarries (Explosives) Regulations to improve security and safety in the storage, transport and use of explosives.
Copies of the report are available from HMSO price £2.
