Legislative Participation in the Buncefield Oil Depot Explosion - Case Study Example

Legislative Participation in the Buncefield Oil Depot Explosion Introduction The basics of this paper are related to the explosion that happened in the Buncefield oil depot. The matter turned serious as there were all kinds of availability of the precautionary and preventive proceedings. There is a drastic failure of the whole safety aspects and this is something that this paper is making a reference to. The core matter of discussion is related to the Legislation covering in this respect. The paper is making a keen investigation over the issue and is very much getting in relation to the legislative proceedings related to the same. There are the legal and the legislative concerns that are made integral to the paper. The role played by Health and Safety Executive is the basics for the understanding of the whole concept and the related dealings. The incident As stated in Action Plans to Tackle Major Environmental Challenges; the Buncefield oil depot explosion of 2005 was a very dramatic incident. It was on Sunday 11th December 2005, that a number of extensive and very abrupt explosions occurred at Buncefield Oil Storage Depot, Hemel Hempstead, Hertfordshire. It was an explosion that led to a large fire and in an hour the whole area was engulfed by the high proportion of the site. In the whole incident there were almost a range of over 40 people who were injured. This was an incident that led to an instant chaotic outcome. However fortunately enough, there were no fatalities. The explosion affected the petrol plants at London, but the chemical reactions over the atmosphere were all around the neighbouring areas. There was a severe loss of steam power and there is the remarkable release in the tons of chemicals in the atmosphere closer to Buncefield oil depot near Hemel Hempstead, north of London. Health and Safety Executive As a matter of fact it was the Health and Safety Executive that are made to lead all kinds of joint investigation over the Environmental Agency. The investigation was made under very well structured specifications. The joint team is very predominant ion the process of conducting its on-site investigation. This was made very specifically and with an effort to have well detailed and wide-ranging scopes. According to the inspection initiated by The Natural Environment Research Council’s (NERC) Theme Action Plans, brings in a detailed report regarding the gaseous emission from the Buncefield oil depot. As it has been designed to make a rigid transformation in the way to the organisation funds for the absolute environmental science, the reports are analysed and then published. The fires, smoke and the chemical explosions caused great amount of ignition of gas clouds in the spot of the explosion. There was the release of all kinds of gaseous materials and particles (Carapezza, M. L. and Tarchini, L., 2007). The basic concerns are also very much a part of the issue related to the environment. As for the operators of top tier COMAH sites, like those of the Buncefield; are under the need of submitting the written safety reports for the Competent Authority of Dept for Communities and Local Govt: Fire and Resilience - Introduction to the New Dimensions programme. The precautionary and the scopes to prepare emergency plans in the dealings of the consequences of a major accident is the root cause of both the legal and legislative participation. The collaboration of NERC and NETCEN was made more active as these are the organisation that is designing the provisions for the instances of informing decisions on the severity of the issue. The investigatory teams also got most the information from the participation of the aircraft. The fire and the explosions are visible from a very long distance the aircrafts were sent to take a bird’s eye view over the gaseous emissions in the spot. The reports were delivered making some clear distinctive declarations related to the explosion. Legislation covering The participation of the Government is very strong and there are all kinds of provisions made for the elaboration of the issue. The precautionary and the after effect of the issues are all considered through the provisions led by the legislature. As the whole of the investigation regarding the explosions and the drastic fires at the Buncefield oil storage and transfer depot was all initiated and full fledged directed by the Health and Safety Commission (HSC) and the Environment Agency, there were many governmental supported added to the same. The legislative covering and its powers were thus very much forwarded through section 14(2)(a) of the Health and Safety at Work etc Act 1974. There is much evidence that resulted in the conclusion that the main reason behind the explosion was due to the ignition of a vapour cloud. This was something that emanated from Tank 912 in Bund A in the Hertfordshire Oil Storage Limited West site. There were thus the instances that were most likely resulted from an overfilling of unleaded petrol within the Buncefield Oil Depot. Under legislative proceedings the explosion and the immense fire at Buncefield Oil Storage Depot, brought five companies under the legal proceedings and they consequently faced the prosecution.as per the repot initiated by the Health and Safety Executive (HSE) and the adjacent Environment Agency (the EA) there are five relevant companieds that are a part of the whole incident. The investigatory reports brought in these five companies under sever legal and legislative prosecution just after the explosions. This was determined that the involvement of these cpmpanioed led to the fire at the Buncefield Oil Storage Depot, Hemel Hempstead, Hertfordshire in December 2005. The initiations further led to the Criminal proceedings in the case. These initiations have been commenced against the Total UK Ltd, the prominent Hertfordshire Oil Storage Ltd; the predominant British Pipeline Agency Ltd; reputed TAV Engineering Ltd; and above all the Motherwell Control Systems 2003 Ltd. There is a definite follow up make thoroughly and under the loops of complex criminal investigation. These legislative and judicial proceedings are very much initiated by the Health and Safety Executive and the preconceived Environment Agency. The whole process was much dealt by EA in England and Wales. It was the Scottish Environment Protection Agency (SEPA) of Scotland, and the well established HSE are came to be a part of the whole process under joint effort and are very much responsible to the Competent Authority. This is very much in reference to the follow ups that are led by the regulating dealings of non nuclear major hazardous industrial sites in the UK. The issue gets hold under the Control of Major Accident Hazard Regulations 1999 that is COMAH. It has been well recognized that the COMAH is in dominant need of specified operators for the dealings related to the major hazard sites and the relevant subject to the Regulations. The provisions are all made to take all measures that are necessary to prevent the major accidents and thereby to limit their consequences to persons. All the operators and the related contractors, specified designers and the chain of suppliers were the part of the whole investigation and the duties were all scrutinized through the Health and Safety at Work etc Act 1974. Further it was under all the other well recognized environmental legislation for the protection of land, air and water that the authorizations were made more conscious. It is here that the participation of the Water Resources Act 1991, is very significant. Conclusion It was on the 13th of November 2008, that the Government and the selected Competent Authority came up with the response to the whole Buncefield Investigation. It was then published for the welfare and the safety notions of such incidents in the future. As declared by a ministerial statement from the authorised Lord McKenzie of Luton, DWP Minister, in Gas Dispersion, Fire, Explosion and Radiation, BMT Fluid Mechanics; there are the relevant futuristic announcements made by the Parliament’s libraries in the dominance of the Government’s and related Competent Authority’s response to the Buncefield oil depot explosion investigation. There are all kinds of modern and sophisticated recommendations set out by the executive Board on the further amendment of the design and the future operational proceedings related to the of fuel storage sites and the consecutive emergency preparedness in response and specified recovery system. It has been well declared by the Secretary of state for Communities and Local Government under the Major Accident Prevention Policy, for the lead made in consideration to the Board’s report Recommendations. Al these recommendations are in reference to the land use planning and the well stated and structured control of societal risk around the specifically identified major hazard sites. There are thus the legislative and legal responses made for the substantively organised affairs related to the case. It is mostly considered that the legislative proceedings in UK are all very well structured to meet any kind of crisis. The participation of various local and national associations too is made very systematic in the affected area. The regulations and the acts are all structured to have a hold over unexpected and unpredictable state of emergency. The Governmental agencies are playing a vital role in giving the necessary backups to the state. Thus the awareness of the Government cannot be ignored. References Action plans to tackle major environmental challenges published, 12 December 2008, http://www.nerc.ac.uk/press/briefings/2008/13-actionplans.asp [retrieved on 21st of Jan, 2009] Buncefield fire 2005, http://www.guardian.co.uk/uk/buncefield [retrieved on 21st of Jan, 2009] Carapezza, M. L. and Tarchini, L., Accidental gas emission from shallow pressurized aquifers at Alban Hills volcano (Rome, Italy): Geochemical evidence of magmatic degassing? 17-May-2007, Journal of Volcanology and Geothermal Research, Elsevier Dept for Communities and Local Govt: Fire and Resilience - Introduction to the New Dimensions programme, http://www.communities.gov.uk/fire/resilienceresponse/newdimensionequipping/introduction/ [retrieved on 21st of Jan, 2009] Gas Dispersion, Fire, Explosion and Radiation, BMT Fluid Mechanics, http://www.bmtfm.com/?/378/704/499 [retrieved on 21st of Jan, 2009] Major Accident Prevention Policy, Veolia Environmental Services (UK) Plc, n.d., http://www.veoliaenvironmentalservices.co.uk/pages/majoraccidentpreventionpolicy.asp [retrieved on 21st of Jan, 2009] Read More