The public is being ILLEGALLY kept in the dark about the potential effects on the environment of industrial accidents at the UK's most hazardous industrial installations. Research carried out by Friends of the Earth, published today [1a], shows that EC and UK law is being flouted under the nose of the Government regulator, the Health and Safety Executive (HSE).

Friends of the Earth has today asked the European Commission to take legal action at the European Court against the UK for not complying with the 'Seveso' Directive [1b].

The law requires hazardous sites to supply information to people living and working nearby about the potential impact on the public and the environment of fires, explosions or major leaks of toxic gases or liquids [2]. There have been a total of 33 major accidents in the UK between 1985 and 1992, some involving fatalities [3].

THE FRIENDS OF THE EARTH RESEARCH

Friends of the Earth's research shows that, of a sample of 25 of the 400 most hazardous sites in the England and Wales:

* 21 of the 25 sites do not provide all the legally required information [4]. A graphical representation attached shows which information is not supplied.

* 20 of the 25 sites do not provide any information about potential environmental impacts, as required by law [5].

Guy Linley-Adams, Industry and Pollution Campaigner, said:

"Large industrial companies are not fulfilling their legal obligations to the public. Friends of the Earth demands that the Health and Safety Executive reviews the situation immediately and enforces the law: that is what a watchdog is supposed to do."

CONTACT: GUY LINLEY-ADAMS, INDUSTRY AND POLLUTION CAMPAIGNER, 071-566-1685 OR NEIL VERLANDER, INFORMATION OFFICER, 071-566-1649

PAGE 2 FRIENDS OF THE EARTH Despite the apparent willingness of the HSE to allow the law to be flouted, it states that it "believes that public access to health and safety information improves public understanding of health and safety and helps to strengthen public confidence in the health and safety system" [6].

Friends of the Earth has supplied a copy of its research to the Director of the Health and Safety Executive and to the Secretary of State for Employment.

VOLUNTARY APPROACH OF INDUSTRY PROVES INADEQUATE YET AGAIN

Furthermore the research shows that both Chemical Industries Association (CIA) and Confederation of British Industry (CBI) voluntary initiatives are no guarantee whatsoever in this matter.

* 8 out of 11 operators which are signatories to the CIA Responsible Care Programme do not provide all the legally required information [7];

* 8 out of 9 operators which are members of the CBI's Environment Forum do not provide all legally required information [8].

Guy Linley-Adams continued:

"It is clear that we cannot rely on industry to volunteer full information about their hazardous sites. The Chemical Industries Association's 'glossy' Responsible Care programme has failed yet again to deliver."

"Common sense tells us that strict enforcement of the law is the only real answer to companies that care more about profit than people or the environment."

THE OPERATORS AND SITES INVOLVED

Friends of the Earth does not consider that operators are fulfilling their obligations under the law at the following sites:

Aerosols International, Wellington Associated Octel, Anglesey BOC Gases, Scunthorpe British Gas, Coventry British Gas, Llandudno British Gas, Croydon

CONTACT: GUY LINLEY-ADAMS, INDUSTRY AND POLLUTION CAMPAIGNER, 071-566-1685 OR NEIL VERLANDER, INFORMATION OFFICER, 071-566-1649

PAGE 3 FRIENDS OF THE EARTH BP Oil, Avonmouth Ciba-Geigy, Duxford Courtaulds, Spondon, Derby Hays Chemicals, St Helens Hays Chemicals, Sandbach ICI Fertilisers, Bristol Monsanto, Wrexham

Note that these sites are from a random sample taken from the near 400 sites in the UK. If the percentage failure rate is the same through all 400 then the operators of around 350 sites will not be fulfilling their legal obligations.

THE HISTORY OF MAJOR ACCIDENTS IN THE UK

There have been a total of 33 major accidents in the UK between 1985 and 1992, some involving fatalities [3].

Major accidents have occurred at Hickson and Welch Ltd in Castleford, where the HSE was severely critical of safety and major accident procedures, Allied Colloids in Bradford, Cox's Chemicals near Telford and Associated Octel at Ellesmere Port [9a, 9b, 9c, 9d], many involving serious environmental impacts.

There is a lack of scientific research into the environmental impacts of major accidents. Indeed the Institute of Terrestrial Ecology, working under contract to the Department of the Environment, recently reported that 'accidents involving the release of chemicals into the environment have the potential to cause catastrophic ecological damage' and that it 'is important ...to prepare more thoroughly for preventing them and limiting their impact' [10].

ENDS

NOTES TO EDITORS:

[1a] Friends of the Earth research report: "A Hazardous Lack of Information" April 1995. The report analyses the information supplied to the public by operators of a sample of 25 sites covered by the Control of Industrial Major Accident Hazards (CIMAH) Regulations 1984 (SI No 1902) as amended (SI No 2325), Control of Industrial Major Accident Hazards (CIMAH) Regulations 1984 (SI No 1902) as amended (SI No 2325) Regulation 12 Schedule 8.

CONTACT: GUY LINLEY-ADAMS, INDUSTRY AND POLLUTION CAMPAIGNER, 071-566-1685 OR NEIL VERLANDER, INFORMATION OFFICER, 071-566-1649

PAGE 4 FRIENDS OF THE EARTH "A Hazardous Lack of Information" is available from the Industry and Pollution Campaign on 071-566-1685.

[1b] Friends of the Earth complaint to the EC Commission April 1995.

[2] Under the CIMAH Regulations, all large industrial complexes ('top tier' sites) have to submit a 'safety report' in order to allow the Health and Safety Executive to understand for example 'emergency procedures laid down for dealing with major accidents'. There are about 400 'top tier' CIMAH sites in the UK. All 'safety reports' should have been submitted to HSE by 1st June 1994 at the latest.

HSE has consistently refused Friends of the Earth access to full safety reports: "the safety reports are not publicly available in full" (HSE in a letter to Friends of the Earth dated 26th October 1993). While 'safety reports' are kept secret by the HSE, limited information is required to be supplied to the public by site operators under Regulation 12 of the CIMAH Regulations. It is this requirement for limited information that is the focus of Friends of the Earth's research.

Guidance published by the HSE in 1990 (A Guide to the CIMAH Regulations 1984: Guidance on Regulations) states that "the nature of the major accident hazards should be described so that the reader may understand the type and scale of potential events and the effects on the population and environment".

The CIMAH Regulations implement the EC Directive on the control of industrial major accidents, the so-called 'Seveso Directive' (80/501/EEC), named after a major accident at a large Italian industrial complex in 1976.

The Seveso Directive is being reviewed this year by the European Commission and is likely to be replaced by a new Directive, the proposed COMAH (Control of Major Accident Hazards) Directive.

[3] Major accidents are defined as those which result in a 'serious danger to persons whether immediate or delayed inside or outside the installation or to the environment' (ENDS Report 217 February 1993 page 29).

[4] Of 25 sites only 3 supplied all the information required by the CIMAH regulations. One site had been granted a 'zero consultation zone' which does not require it to supply information to the public in the vicinity.

CONTACT: GUY LINLEY-ADAMS, INDUSTRY AND POLLUTION CAMPAIGNER, 071-566-1685 OR NEIL VERLANDER, INFORMATION OFFICER, 071-566-1649

PAGE 5 FRIENDS OF THE EARTH

[5] Of 25 sites only 4 supplied information about the potential effects of a major accident on the environment as required by the CIMAH regulations.

[6] Health and Safety Commission Press Release 5th April 1994.

[7] Of 11 signatories to the CIA's Responsible Care programme, only 3 supplied all the information required by the CIMAH regulations.

[8] Of 9 members of the CBI Environment Forum, only 1 supplied all the information required by the CIMAH regulations.

[9a] A fire and explosion at Hickson and Welch in Castleford in September 1992 killed five people. A flame erupted from a still, shot a flame through an office control building and struck a four storey office block. (ENDS Report 212 September 1992 page 10).

[9b] After a fire at Allied Colloids in Bradford in July 1992, 34 people required hospital treatment. Thousands of fish were killed by the subsequent pollution of the River Calder at Castleford, some 40 kilometres away. (ENDS Report 211 August 1992 page 3).

[9c] A fire at Cox Chemicals at Overley, near Telford in February 1993 severely contaminated groundwater with pesticides and industrial solvents. (ENDS Report 223 August 1993 page 5).

[9d] Associated Octel's plant at Ellesmere Port has experienced three major accidents in 20 months the last of which raised severe questions about pollution from chemical fires, in this case of the Ince Marshes, an important bird habitat (ENDS Report 229 February 1994 page 3).

[10] The Ecological Impact of Major Industrial Chemical Accidents. A.A Meharg, The Institute of Terrestrial Ecology 1994. Published in Reviews of Environmental Contamination and Toxicology Vol 138.

CONTACT: GUY LINLEY-ADAMS, INDUSTRY AND POLLUTION CAMPAIGNER, 071-566-1685 OR NEIL VERLANDER, INFORMATION OFFICER, 071-566-1649