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Question and answerEXC-OQA-0588

Which rules apply to major-hazard chemical sites in Belgium?

excodex editorial teamBelgium

Part of: Occupational safety and health in Belgium: law, authorities and employer duties

Short answer

Seveso III applies through the cooperation agreement of 16 February 2016 between the federal state and the regions. Lower- and upper-tier operators notify, adopt a prevention policy and an internal emergency plan; upper-tier sites also submit a safety report every five years.

Major-hazard chemical sites in Belgium follow the Seveso III Directive 2012/18/EU, transposed by the cooperation agreement of 16 February 2016 between the federal state, the Flemish Region, the Walloon Region and the Brussels-Capital Region, in force since 10 June 2016. Lower-tier and upper-tier establishments must notify, adopt a major-accident prevention policy and keep an internal emergency plan; upper-tier establishments also submit a safety report, reviewed at least every five years. The Well-being Act and the Code of well-being at work continue to apply to the workers on these sites.

Short answer

  • Legal basis: cooperation agreement of 16 February 2016 (accord de coopération / samenwerkingsakkoord), replacing the agreement of 21 June 1999 that transposed Seveso II.
  • Scope: sites where dangerous substances are present at or above the quantities in annex 1 (column 2 lower tier, column 3 upper tier), using the aggregation rule; the thresholds follow the directive and the CLP classification.
  • All Seveso operators: notification to the regional coordinating service, major-accident prevention policy reviewed at least every five years, safety management system, internal emergency plan reviewed and tested at intervals not exceeding three years.
  • Upper tier: safety report before operation and at least every five years; cooperation with the provincial governor on the external emergency plan.
  • After a major accident: immediate alert to the 112 centre and the Government Coordination and Crisis Centre, then information to the Crisis Centre and the inspection services.
  • Inspection: joint regional and federal teams, coordinated by the FPS Employment.

Who does what

RoleWho
Coordinating service (receives notifications and safety reports)Service designated by each region
Evaluation services (assess safety reports)Regional services, the FPS Employment, the FPS Economy for explosives, underground gas storage and pipelines, a service of the FPS Interior and the fire and rescue zone
Inspection servicesRegional services, the FPS Employment (Division for the control of chemical risks) and, for the special sectors above, the FPS Economy
External emergency planProvincial governor, within two years of the safety report for each upper-tier site
Public information for upper-tier sitesFederal Minister of the Interior, at least every five years
Land-use planning around sitesRegions

Inspection teams are set up per region, and the FPS Employment inspection service coordinates within and across teams. They run an inspection plan covering all establishments, with routine programmes whose visit frequency follows a systematic appraisal of each site's hazards, plus non-routine inspections after complaints, accidents and near misses. Inspectors communicate their conclusions and required corrective actions to the operator within four months of each inspection, and a serious non-compliance triggers a further inspection within six months.

Operator duties and deadlines

  1. Notification: at least four months before a new establishment starts operating or before a change that brings it into scope or changes its tier.
  2. Major-accident prevention policy: a written document with objectives, principles and management commitment, implemented through a safety management system, reviewed at least every five years.
  3. Safety report (upper tier): at least three months before operation, revised at least every five years, after a major accident and when new facts justify it.
  4. Internal emergency plan: at least three months before operation for new sites, prepared after consulting the Committee for prevention and protection at work (or the union delegation, or the workers directly) and long-term subcontracted staff; reviewed and tested at intervals not exceeding three years.
  5. Changes: before any modification with significant consequences for major-accident hazards, review and update the policy, safety management system, notification and safety report.
  6. Domino groups: operators identified as a group with increased risk exchange information with each other.

Example: A company plans a new chemical storage terminal in the Antwerp area that will exceed an upper-tier quantity. It must notify the Flemish coordinating service at least four months before start-up, submit its safety report and internal emergency plan at least three months before start-up, consult its Committee on the internal plan, and work with the provincial governor on the external plan. Its explosion protection document under the Code is prepared in parallel.

Penalties and links with OSH law

Article 35 of the agreement provides for imprisonment of one month to five years and a fine of 100 to 500,000 euros (amounts as written in the agreement), or one of these, for operators who fail in key duties such as taking all necessary measures, the prevention policy, notification, safety report or emergency plans. Obstructing inspectors or ignoring enforcement measures carries one month to one year and/or 100 to 100,000 euros. Separately, breaches of the Well-being Act and the Code on the same site fall under the Social Penal Code.

Workers on Seveso sites remain covered by the Code, including book III, title 4 on explosive atmospheres, book VI on chemical agents and the prevention service rules. Refining, basic chemicals and petrochemicals fall into the strictest sector list for internal prevention services, with group A starting above 50 workers.

Related on excodex

Standards and further reading

  • Cooperation agreement of 16 February 2016 between the federal state, the Flemish Region, the Walloon Region and the Brussels-Capital Region on the control of major-accident hazards involving dangerous substances: FPS Employment PDF
  • FPS Employment, explanation of the major-accident prevention rules: emploi.belgique.be
  • Directive 2012/18/EU (Seveso III) on the control of major-accident hazards involving dangerous substances

This article is general occupational safety and health information prepared by the excodex editorial team. It does not replace the applicable legislation, standards, manufacturers' instructions or the assessment of a competent OSH professional or occupational physician.

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Part of: Occupational safety and health in Belgium: law, authorities and employer duties

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