Employer duties

How does an establishment come into scope of the major accident legislation?

The calculation has three steps. First every dangerous substance present is inventoried — raw materials, intermediates, products, wastes and substances that could be generated. Then each is either found by name in the list or placed in a hazard category. Finally quantities are compared with the thresholds, and substances in the same heading are assessed together under the summation rule.

Step 1 — the inventory

The calculation starts by counting every dangerous substance present or anticipated at the establishment. The inventory is not only raw materials:

  • intermediates and by-products,
  • product and finished stock,
  • wastes — frequently forgotten,
  • substances that could be generated during an accident,
  • maintenance and laboratory stocks.

The quantity taken is the maximum that may be present at one time — not the average.

Step 2 — placing the substance

There are two routes, and they work together:

  1. Named substance: if it appears in the list by name, its own threshold is used.
  2. Hazard category: if it does not, it is placed in a category by its classification and that category's threshold applies.

A named substance's threshold replaces its category threshold; the two are not counted twice.

Step 3 — comparing with thresholds

Every threshold has two values: lower tier and upper tier. Even where no single substance exceeds a threshold, substances under the same hazard heading are assessed together by the summation rule — a calculation without it is incomplete.

Three common errors

  • Leaving out waste.
  • Recording today's stock instead of the maximum capacity.
  • Skipping the summation rule and concluding “no substance exceeds a threshold”.

All three place the establishment outside scope on paper; at an inspection the missing notification is then added to the finding.

Manage this in Optifora

Optifora is not a single program but a compliance platform assembled from modules. The catalogue states which module is ready today and which is on the roadmap.

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