Control of Major Accident Hazards Regulations 2015
What this means for your business
- Applies to
- United Kingdom
- On this page
- 16 compliance obligations, 2 practical guides
What you must do
16 compliance obligations under this legislation — 4 can result in imprisonment.
Inspections 1
Maintain an inspection system that proves major‑accident safety measures
If your business operates an establishment covered by the Control of Major Accident Hazards Regulations you must set up an inspection plan and keep it up‑to‑date. This plan should cover technical, organisational and management controls that prevent major accidents, limit their consequences and ensure your safety report accurately reflects reality. You must also give the public the required information and be ready for inspections at any time.
Management duties 4
Activate emergency plans immediately during major accidents
Unlimited fineIf your business (or local authority) has an internal or external emergency plan, you must put that plan into action straight away when a major accident happens or when an uncontrolled event occurs that could reasonably be expected to become a major accident. In practice this means you need clear steps and authority to launch the plan without any delay.
Implement a safety management system for major accident hazards
2 years imprisonmentIf your site handles substances or processes that could cause a major accident, you must put in place a safety management system that matches the level of risk. The system must include risk assessments, clear roles and responsibilities, safe operating procedures, change‑management, emergency planning, performance monitoring and regular audits. You must keep records showing the system is working and being updated.
Include required objectives in internal and external emergency plans
If your business runs a site that could cause a major accident, you must make sure both your internal and external emergency plans contain four key objectives: contain and control the incident, protect human health and the environment, inform the public and the relevant authorities, and provide for clean‑up after the accident. Check that these points are written into the plans and keep the plans up‑to‑date.
Prepare, review and test internal emergency plan
If you run an upper‑tier establishment you must have a written internal emergency plan that sets out what will be done inside the site in the event of a major accident. The plan has to be drawn up before you start operating (or by the statutory dates for existing sites) and must be reviewed, updated and tested at least every three years. When preparing the plan you must consult staff, the relevant regulator, emergency services, the local health authority and the local authority.
Other requirements 2
Comply with prohibition notice and halt operation
2 years imprisonmentIf the regulator serves you with a prohibition notice because your safety measures are seriously lacking or you have failed to provide required information, you must stop using the named plant, installation or storage area from the date stated in the notice. Continuing to operate after the notice is a criminal offence.
Provide safety information to nearby people and public facilities
2 years imprisonmentIf you run an upper‑tier establishment (e.g., a large chemical or fuel plant), you must send clear, easy‑to‑understand information about what safety measures are in place and what people should do in a major accident to everyone who could be affected, including nearby schools, hospitals and other public places – without them having to ask. You must review this information at least every three years or whenever the plant changes, and resend any updates, otherwise you must send it again at least every five years.
Payments and fees 2
Pay local authority fee for external emergency plan services
If your business has an external emergency plan that the local authority prepares, reviews or tests, they can charge you a fee. You must pay that fee within 30 days of receiving their invoice, which must clearly show the work done and the costs. Keep the invoice and the supporting statement as proof of payment.
Pay regulatory fees to the competent authority
If the competent authority carries out any function for your establishment (e.g., inspections, enforcement actions), you must pay the fee they invoice you for within 30 days. Keep the invoice, which must detail the work done and costs, as proof of payment.
Policies 1
Prepare, keep and implement a major accident prevention policy
If you run a plant, storage site or any other establishment that holds or uses dangerous substances, you must write a major‑accident prevention policy that shows how you will protect people and the environment. The policy must be in place before you start operating (or before any change that adds more substances) and you must review it at least every five years or whenever there is a significant change in the amount, type or use of those substances. The policy must be backed up by a safety management system and retained as a record.
Offences and prohibitions 1
Fail to comply with a CMAR requirement or prohibition
2 years imprisonmentIf your business breaches any requirement or prohibition set out in the Control of Major Accident Hazards Regulations 2015, you commit a criminal offence. On summary conviction you could face up to three months’ imprisonment in England and Wales (or up to twelve months in Scotland) and/or a fine up to the statutory maximum, and on conviction on indictment you could be sentenced to up to two years’ imprisonment and/or an unlimited fine.
Reporting and filing 5
Notify competent authority and provide information after a major accident
Unlimited fineIf a major accident occurs at your site, you must tell the competent authority as soon as possible and supply all relevant details – what happened, which dangerous substances were involved, the impact on health, environment and property, and what emergency actions you took. You also need to outline the steps you will take to limit medium‑ and long‑term effects and to stop a repeat, and keep the authority updated as the investigation progresses.
Prepare and submit safety report before any construction, operation or changes
You must produce a safety report that includes the data set out in Schedule 3 and identifies who helped prepare it, and send it to the competent authority within the time‑limits that apply to your site. You cannot start building, start operating, or alter the dangerous‑substance inventory until the authority has examined the report and sent you its conclusions.
Prepare a safety report for your upper‑tier establishment
If you run an ‘upper‑tier’ site covered by the Major Accident Hazards Regulations, you must produce a safety report. The report must show that you have a major‑accident prevention policy, have identified hazards and scenarios, have taken steps to design safe plant and facilities, have an internal emergency plan, and provide information the regulator needs for siting decisions.
Provide information for external emergency plan
If your business operates an upper‑tier establishment, you must give the local authority all the details it needs to draw up an off‑site emergency plan. This information has to be supplied before you are required to finish your own internal emergency plan, and the authority then has up to six months (or up to nine months with written agreement) to produce the external plan.
Provide safety information to the competent authority and keep it updated
Unlimited fineWhen your site is covered by the Major Accident Hazards Regulations you must send the authority the details they require – your name and address, confirmation that the regulations apply, a simple description of the activities, the hazards present, how the public will be warned, recent inspection dates and where further information can be found. You must also supply any updates when the information changes and answer reasonable information requests within the time the authority sets.
Penalties for non-compliance
7 penalties under this legislation. 4 can result in imprisonment. 7 carry an unlimited fine.
Implement a safety management system for major accident hazards
Unlimited fine and/or 2 years imprisonment
Comply with prohibition notice and halt operation
Unlimited fine and/or 2 years imprisonment
Provide safety information to nearby people and public facilities
Unlimited fine and/or 2 years imprisonment
Fail to comply with a CMAR requirement or prohibition
Unlimited fine and/or 2 years imprisonment
Activate emergency plans immediately during major accidents
Unlimited fine
Notify competent authority and provide information after a major accident
Unlimited fine
Provide safety information to the competent authority and keep it updated
Unlimited fine
Practical guidance
Our guides explain how to comply with the requirements above.
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Sections and provisions
40 classified provisions from this legislation.
Duties 22
- Schedule 2 Requirements and matters to be addressed by safety management systems
- s.6 Notifications establishment
- s.7 Major accident prevention policies operator
- s.8 Purposes of safety reports
- s.9 Requirements relating to the preparation of safety reports modifications leading
- s.11 Objectives of emergency plans
- s.12 Preparation, review and testing of internal emergency plans
- s.13 Preparation of external emergency plans
- s.14 Review and testing of external emergency plans
- s.16 Implementing emergency plans
- s.17 Provision of information to the public The competent authority
- s.18 Provision of information to persons likely to be affected by a major accident at an upper tier establishment person who is likely
- s.20 Trans-boundary consequences
- s.22 Examination of safety reports by the competent authority
- s.23 Prohibition of operation The operator
- s.25 Inspections and investigations The system of inspections
- s.26 Action to be taken following a major accident
- s.28 Fees payable by operators to the competent authority
- s.29 Fees payable to local authorities for the preparation, review and testing of external emergency plans
- s.34 Review
- ... and 2 more duties
Definitions 5
Official guidance
Authoritative sources from regulators explaining this legislation.
- Natural gas imports and storage HSE Detailed Guidance
- Explosives: update HSE Detailed Guidance
- Legislation HSE Detailed Guidance