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Art. 2 D.Lg. 105/15 Ambito di applicazione [Art. 2 Dir. 2012/18/UE]

Domande generali sull’ambito di applicazione

Question: Does the internal emergency plan have to be updated each time the operator changes subcontractor?
How to interpret “long-term relevant subcontracted personnel”?

Answer: The Directive provides that the internal emergency plan shall be reviewed and, where necessary, updated at suitable intervals of no longer than three years. This review shall take into account changes occurring in the establishment concerned or within the emergency services concerned, new technical knowledge, and knowledge concerning the response to major accidents.

The obligation to consult the personnel working inside the establishment and the long-term relevant subcontracted personnel would apply not only to the first drawing up of the internal emergency plan, but also to all subsequent reviews and/or updates, since their input may be valuable also for the update or review. The long-term relevant subcontracted personnel should be the subcontracted personnel from which one can expect such valuable input for the internal emergency plan. Short-term sub-contractors whose activities have no impact whatsoever on the safety of the establishment should not be included in the consultation exercise. It would be for the operator to judge on a case-by-case basis the need for consulting the subcontracted personnel, taking into account their potential impact on safety aspects and possible input to the internal emergency plan.

Furthermore, if a change in sub-contractor would have an impact on the content and therefore proper functioning of the internal emergency plan (for instance in terms of responsible persons for setting the emergency procedures in motion or for coordinating the on-site mitigating action or for liaising with the authority responsible for the external emergency plan), or if the change of sub-contractor would have an impact on the conditions or events which could be significant in bringing about a major accident, this should trigger a necessary review of the internal emergency plan, irrespective of the “normal” three-year interval, and the newly sub-contracted personnel would have to be consulted on the review.

Esclusioni

Question: Does the internal emergency plan have to be updated each time the operator changes subcontractor?
How to interpret “long-term relevant subcontracted personnel”?

Answer: The Directive provides that the internal emergency plan shall be reviewed and, where necessary, updated at suitable intervals of no longer than three years. This review shall take into account changes occurring in the establishment concerned or within the emergency services concerned, new technical knowledge, and knowledge concerning the response to major accidents.

The obligation to consult the personnel working inside the establishment and the long-term relevant subcontracted personnel would apply not only to the first drawing up of the internal emergency plan, but also to all subsequent reviews and/or updates, since their input may be valuable also for the update or review. The long-term relevant subcontracted personnel should be the subcontracted personnel from which one can expect such valuable input for the internal emergency plan. Short-term sub-contractors whose activities have no impact whatsoever on the safety of the establishment should not be included in the consultation exercise. It would be for the operator to judge on a case-by-case basis the need for consulting the subcontracted personnel, taking into account their potential impact on safety aspects and possible input to the internal emergency plan.

Furthermore, if a change in sub-contractor would have an impact on the content and therefore proper functioning of the internal emergency plan (for instance in terms of responsible persons for setting the emergency procedures in motion or for coordinating the on-site mitigating action or for liaising with the authority responsible for the external emergency plan), or if the change of sub-contractor would have an impact on the conditions or events which could be significant in bringing about a major accident, this should trigger a necessary review of the internal emergency plan, irrespective of the “normal” three-year interval, and the newly sub-contracted personnel would have to be consulted on the review.

Art. 3 D.Lg. 105/15 Definizioni [Art. 3 Dir. 2012/18/UE]

Definizioni

Question: Does the internal emergency plan have to be updated each time the operator changes subcontractor?
How to interpret “long-term relevant subcontracted personnel”?

Answer: The Directive provides that the internal emergency plan shall be reviewed and, where necessary, updated at suitable intervals of no longer than three years. This review shall take into account changes occurring in the establishment concerned or within the emergency services concerned, new technical knowledge, and knowledge concerning the response to major accidents.

The obligation to consult the personnel working inside the establishment and the long-term relevant subcontracted personnel would apply not only to the first drawing up of the internal emergency plan, but also to all subsequent reviews and/or updates, since their input may be valuable also for the update or review. The long-term relevant subcontracted personnel should be the subcontracted personnel from which one can expect such valuable input for the internal emergency plan. Short-term sub-contractors whose activities have no impact whatsoever on the safety of the establishment should not be included in the consultation exercise. It would be for the operator to judge on a case-by-case basis the need for consulting the subcontracted personnel, taking into account their potential impact on safety aspects and possible input to the internal emergency plan.

Furthermore, if a change in sub-contractor would have an impact on the content and therefore proper functioning of the internal emergency plan (for instance in terms of responsible persons for setting the emergency procedures in motion or for coordinating the on-site mitigating action or for liaising with the authority responsible for the external emergency plan), or if the change of sub-contractor would have an impact on the conditions or events which could be significant in bringing about a major accident, this should trigger a necessary review of the internal emergency plan, irrespective of the “normal” three-year interval, and the newly sub-contracted personnel would have to be consulted on the review.

Sostanze pericolose

Question: Does the internal emergency plan have to be updated each time the operator changes subcontractor?
How to interpret “long-term relevant subcontracted personnel”?

Answer: The Directive provides that the internal emergency plan shall be reviewed and, where necessary, updated at suitable intervals of no longer than three years. This review shall take into account changes occurring in the establishment concerned or within the emergency services concerned, new technical knowledge, and knowledge concerning the response to major accidents.

The obligation to consult the personnel working inside the establishment and the long-term relevant subcontracted personnel would apply not only to the first drawing up of the internal emergency plan, but also to all subsequent reviews and/or updates, since their input may be valuable also for the update or review. The long-term relevant subcontracted personnel should be the subcontracted personnel from which one can expect such valuable input for the internal emergency plan. Short-term sub-contractors whose activities have no impact whatsoever on the safety of the establishment should not be included in the consultation exercise. It would be for the operator to judge on a case-by-case basis the need for consulting the subcontracted personnel, taking into account their potential impact on safety aspects and possible input to the internal emergency plan.

Furthermore, if a change in sub-contractor would have an impact on the content and therefore proper functioning of the internal emergency plan (for instance in terms of responsible persons for setting the emergency procedures in motion or for coordinating the on-site mitigating action or for liaising with the authority responsible for the external emergency plan), or if the change of sub-contractor would have an impact on the conditions or events which could be significant in bringing about a major accident, this should trigger a necessary review of the internal emergency plan, irrespective of the “normal” three-year interval, and the newly sub-contracted personnel would have to be consulted on the review.

Art. 13 D.Lg. 105/15 Notifica [Art. 7 Dir. 2012/18/UE]

Generalità

Question: Does the internal emergency plan have to be updated each time the operator changes subcontractor?
How to interpret “long-term relevant subcontracted personnel”?

Answer: The Directive provides that the internal emergency plan shall be reviewed and, where necessary, updated at suitable intervals of no longer than three years. This review shall take into account changes occurring in the establishment concerned or within the emergency services concerned, new technical knowledge, and knowledge concerning the response to major accidents.

The obligation to consult the personnel working inside the establishment and the long-term relevant subcontracted personnel would apply not only to the first drawing up of the internal emergency plan, but also to all subsequent reviews and/or updates, since their input may be valuable also for the update or review. The long-term relevant subcontracted personnel should be the subcontracted personnel from which one can expect such valuable input for the internal emergency plan. Short-term sub-contractors whose activities have no impact whatsoever on the safety of the establishment should not be included in the consultation exercise. It would be for the operator to judge on a case-by-case basis the need for consulting the subcontracted personnel, taking into account their potential impact on safety aspects and possible input to the internal emergency plan.

Furthermore, if a change in sub-contractor would have an impact on the content and therefore proper functioning of the internal emergency plan (for instance in terms of responsible persons for setting the emergency procedures in motion or for coordinating the on-site mitigating action or for liaising with the authority responsible for the external emergency plan), or if the change of sub-contractor would have an impact on the conditions or events which could be significant in bringing about a major accident, this should trigger a necessary review of the internal emergency plan, irrespective of the “normal” three-year interval, and the newly sub-contracted personnel would have to be consulted on the review.

Primo invio della notifica

Question: Does the internal emergency plan have to be updated each time the operator changes subcontractor?
How to interpret “long-term relevant subcontracted personnel”?

Answer: The Directive provides that the internal emergency plan shall be reviewed and, where necessary, updated at suitable intervals of no longer than three years. This review shall take into account changes occurring in the establishment concerned or within the emergency services concerned, new technical knowledge, and knowledge concerning the response to major accidents.

The obligation to consult the personnel working inside the establishment and the long-term relevant subcontracted personnel would apply not only to the first drawing up of the internal emergency plan, but also to all subsequent reviews and/or updates, since their input may be valuable also for the update or review. The long-term relevant subcontracted personnel should be the subcontracted personnel from which one can expect such valuable input for the internal emergency plan. Short-term sub-contractors whose activities have no impact whatsoever on the safety of the establishment should not be included in the consultation exercise. It would be for the operator to judge on a case-by-case basis the need for consulting the subcontracted personnel, taking into account their potential impact on safety aspects and possible input to the internal emergency plan.

Furthermore, if a change in sub-contractor would have an impact on the content and therefore proper functioning of the internal emergency plan (for instance in terms of responsible persons for setting the emergency procedures in motion or for coordinating the on-site mitigating action or for liaising with the authority responsible for the external emergency plan), or if the change of sub-contractor would have an impact on the conditions or events which could be significant in bringing about a major accident, this should trigger a necessary review of the internal emergency plan, irrespective of the “normal” three-year interval, and the newly sub-contracted personnel would have to be consulted on the review.

Problematiche di carattere generale relative alla trasmissione online di notifica ed Allegato 5

Question: Does the internal emergency plan have to be updated each time the operator changes subcontractor?
How to interpret “long-term relevant subcontracted personnel”?

Answer: The Directive provides that the internal emergency plan shall be reviewed and, where necessary, updated at suitable intervals of no longer than three years. This review shall take into account changes occurring in the establishment concerned or within the emergency services concerned, new technical knowledge, and knowledge concerning the response to major accidents.

The obligation to consult the personnel working inside the establishment and the long-term relevant subcontracted personnel would apply not only to the first drawing up of the internal emergency plan, but also to all subsequent reviews and/or updates, since their input may be valuable also for the update or review. The long-term relevant subcontracted personnel should be the subcontracted personnel from which one can expect such valuable input for the internal emergency plan. Short-term sub-contractors whose activities have no impact whatsoever on the safety of the establishment should not be included in the consultation exercise. It would be for the operator to judge on a case-by-case basis the need for consulting the subcontracted personnel, taking into account their potential impact on safety aspects and possible input to the internal emergency plan.

Furthermore, if a change in sub-contractor would have an impact on the content and therefore proper functioning of the internal emergency plan (for instance in terms of responsible persons for setting the emergency procedures in motion or for coordinating the on-site mitigating action or for liaising with the authority responsible for the external emergency plan), or if the change of sub-contractor would have an impact on the conditions or events which could be significant in bringing about a major accident, this should trigger a necessary review of the internal emergency plan, irrespective of the “normal” three-year interval, and the newly sub-contracted personnel would have to be consulted on the review.

Problematiche relative alla compilazione delle sezioni della notifica ed alla sua trasmissione online a Ispra

Question: Does the internal emergency plan have to be updated each time the operator changes subcontractor?
How to interpret “long-term relevant subcontracted personnel”?

Answer: The Directive provides that the internal emergency plan shall be reviewed and, where necessary, updated at suitable intervals of no longer than three years. This review shall take into account changes occurring in the establishment concerned or within the emergency services concerned, new technical knowledge, and knowledge concerning the response to major accidents.

The obligation to consult the personnel working inside the establishment and the long-term relevant subcontracted personnel would apply not only to the first drawing up of the internal emergency plan, but also to all subsequent reviews and/or updates, since their input may be valuable also for the update or review. The long-term relevant subcontracted personnel should be the subcontracted personnel from which one can expect such valuable input for the internal emergency plan. Short-term sub-contractors whose activities have no impact whatsoever on the safety of the establishment should not be included in the consultation exercise. It would be for the operator to judge on a case-by-case basis the need for consulting the subcontracted personnel, taking into account their potential impact on safety aspects and possible input to the internal emergency plan.

Furthermore, if a change in sub-contractor would have an impact on the content and therefore proper functioning of the internal emergency plan (for instance in terms of responsible persons for setting the emergency procedures in motion or for coordinating the on-site mitigating action or for liaising with the authority responsible for the external emergency plan), or if the change of sub-contractor would have an impact on the conditions or events which could be significant in bringing about a major accident, this should trigger a necessary review of the internal emergency plan, irrespective of the “normal” three-year interval, and the newly sub-contracted personnel would have to be consulted on the review.

Art. 17 D.Lg. 105/15 Valutazione del Rapporto di Sicurezza [Art. 10 Dir. 2012/18/UE]

Generalità

Question: Does the internal emergency plan have to be updated each time the operator changes subcontractor?
How to interpret “long-term relevant subcontracted personnel”?

Answer: The Directive provides that the internal emergency plan shall be reviewed and, where necessary, updated at suitable intervals of no longer than three years. This review shall take into account changes occurring in the establishment concerned or within the emergency services concerned, new technical knowledge, and knowledge concerning the response to major accidents.

The obligation to consult the personnel working inside the establishment and the long-term relevant subcontracted personnel would apply not only to the first drawing up of the internal emergency plan, but also to all subsequent reviews and/or updates, since their input may be valuable also for the update or review. The long-term relevant subcontracted personnel should be the subcontracted personnel from which one can expect such valuable input for the internal emergency plan. Short-term sub-contractors whose activities have no impact whatsoever on the safety of the establishment should not be included in the consultation exercise. It would be for the operator to judge on a case-by-case basis the need for consulting the subcontracted personnel, taking into account their potential impact on safety aspects and possible input to the internal emergency plan.

Furthermore, if a change in sub-contractor would have an impact on the content and therefore proper functioning of the internal emergency plan (for instance in terms of responsible persons for setting the emergency procedures in motion or for coordinating the on-site mitigating action or for liaising with the authority responsible for the external emergency plan), or if the change of sub-contractor would have an impact on the conditions or events which could be significant in bringing about a major accident, this should trigger a necessary review of the internal emergency plan, irrespective of the “normal” three-year interval, and the newly sub-contracted personnel would have to be consulted on the review.

Art. 19 D.Lg. 105/15 Effetto Domino [Art. 9 Dir. 2012/18/UE]

Generalità

Question: Does the internal emergency plan have to be updated each time the operator changes subcontractor?
How to interpret “long-term relevant subcontracted personnel”?

Answer: The Directive provides that the internal emergency plan shall be reviewed and, where necessary, updated at suitable intervals of no longer than three years. This review shall take into account changes occurring in the establishment concerned or within the emergency services concerned, new technical knowledge, and knowledge concerning the response to major accidents.

The obligation to consult the personnel working inside the establishment and the long-term relevant subcontracted personnel would apply not only to the first drawing up of the internal emergency plan, but also to all subsequent reviews and/or updates, since their input may be valuable also for the update or review. The long-term relevant subcontracted personnel should be the subcontracted personnel from which one can expect such valuable input for the internal emergency plan. Short-term sub-contractors whose activities have no impact whatsoever on the safety of the establishment should not be included in the consultation exercise. It would be for the operator to judge on a case-by-case basis the need for consulting the subcontracted personnel, taking into account their potential impact on safety aspects and possible input to the internal emergency plan.

Furthermore, if a change in sub-contractor would have an impact on the content and therefore proper functioning of the internal emergency plan (for instance in terms of responsible persons for setting the emergency procedures in motion or for coordinating the on-site mitigating action or for liaising with the authority responsible for the external emergency plan), or if the change of sub-contractor would have an impact on the conditions or events which could be significant in bringing about a major accident, this should trigger a necessary review of the internal emergency plan, irrespective of the “normal” three-year interval, and the newly sub-contracted personnel would have to be consulted on the review.

Art. 20 e Allegato 4 D.Lg. 105/15 Piani di Emergenza [Art. 12 e Allegato IV Dir. 2012/18/UE]

Generalità

Question: Does the internal emergency plan have to be updated each time the operator changes subcontractor?
How to interpret “long-term relevant subcontracted personnel”?

Answer: The Directive provides that the internal emergency plan shall be reviewed and, where necessary, updated at suitable intervals of no longer than three years. This review shall take into account changes occurring in the establishment concerned or within the emergency services concerned, new technical knowledge, and knowledge concerning the response to major accidents.

The obligation to consult the personnel working inside the establishment and the long-term relevant subcontracted personnel would apply not only to the first drawing up of the internal emergency plan, but also to all subsequent reviews and/or updates, since their input may be valuable also for the update or review. The long-term relevant subcontracted personnel should be the subcontracted personnel from which one can expect such valuable input for the internal emergency plan. Short-term sub-contractors whose activities have no impact whatsoever on the safety of the establishment should not be included in the consultation exercise. It would be for the operator to judge on a case-by-case basis the need for consulting the subcontracted personnel, taking into account their potential impact on safety aspects and possible input to the internal emergency plan.

Furthermore, if a change in sub-contractor would have an impact on the content and therefore proper functioning of the internal emergency plan (for instance in terms of responsible persons for setting the emergency procedures in motion or for coordinating the on-site mitigating action or for liaising with the authority responsible for the external emergency plan), or if the change of sub-contractor would have an impact on the conditions or events which could be significant in bringing about a major accident, this should trigger a necessary review of the internal emergency plan, irrespective of the “normal” three-year interval, and the newly sub-contracted personnel would have to be consulted on the review.

Art. 22 D.Lg. 105/15 Controllo dell’urbanizzazione [Art. 13 Dir. 2012/18/UE]

Generalità

Question: Does the internal emergency plan have to be updated each time the operator changes subcontractor?
How to interpret “long-term relevant subcontracted personnel”?

Answer: The Directive provides that the internal emergency plan shall be reviewed and, where necessary, updated at suitable intervals of no longer than three years. This review shall take into account changes occurring in the establishment concerned or within the emergency services concerned, new technical knowledge, and knowledge concerning the response to major accidents.

The obligation to consult the personnel working inside the establishment and the long-term relevant subcontracted personnel would apply not only to the first drawing up of the internal emergency plan, but also to all subsequent reviews and/or updates, since their input may be valuable also for the update or review. The long-term relevant subcontracted personnel should be the subcontracted personnel from which one can expect such valuable input for the internal emergency plan. Short-term sub-contractors whose activities have no impact whatsoever on the safety of the establishment should not be included in the consultation exercise. It would be for the operator to judge on a case-by-case basis the need for consulting the subcontracted personnel, taking into account their potential impact on safety aspects and possible input to the internal emergency plan.

Furthermore, if a change in sub-contractor would have an impact on the content and therefore proper functioning of the internal emergency plan (for instance in terms of responsible persons for setting the emergency procedures in motion or for coordinating the on-site mitigating action or for liaising with the authority responsible for the external emergency plan), or if the change of sub-contractor would have an impact on the conditions or events which could be significant in bringing about a major accident, this should trigger a necessary review of the internal emergency plan, irrespective of the “normal” three-year interval, and the newly sub-contracted personnel would have to be consulted on the review.

Art. 19 Dir. 2012/18/UE – Divieto di esercitare l’attività
Non trova corrispondenza diretta. Corrisponde all’art. 28 comma 8 D.lgs. 105/15

Generalità

Question: Does the internal emergency plan have to be updated each time the operator changes subcontractor?
How to interpret “long-term relevant subcontracted personnel”?

Answer: The Directive provides that the internal emergency plan shall be reviewed and, where necessary, updated at suitable intervals of no longer than three years. This review shall take into account changes occurring in the establishment concerned or within the emergency services concerned, new technical knowledge, and knowledge concerning the response to major accidents.

The obligation to consult the personnel working inside the establishment and the long-term relevant subcontracted personnel would apply not only to the first drawing up of the internal emergency plan, but also to all subsequent reviews and/or updates, since their input may be valuable also for the update or review. The long-term relevant subcontracted personnel should be the subcontracted personnel from which one can expect such valuable input for the internal emergency plan. Short-term sub-contractors whose activities have no impact whatsoever on the safety of the establishment should not be included in the consultation exercise. It would be for the operator to judge on a case-by-case basis the need for consulting the subcontracted personnel, taking into account their potential impact on safety aspects and possible input to the internal emergency plan.

Furthermore, if a change in sub-contractor would have an impact on the content and therefore proper functioning of the internal emergency plan (for instance in terms of responsible persons for setting the emergency procedures in motion or for coordinating the on-site mitigating action or for liaising with the authority responsible for the external emergency plan), or if the change of sub-contractor would have an impact on the conditions or events which could be significant in bringing about a major accident, this should trigger a necessary review of the internal emergency plan, irrespective of the “normal” three-year interval, and the newly sub-contracted personnel would have to be consulted on the review.

Art. 27 D.Lg. 105/15 Ispezioni [Art. 20 Dir. 2012/18/UE]

Generalità

Question: Does the internal emergency plan have to be updated each time the operator changes subcontractor?
How to interpret “long-term relevant subcontracted personnel”?

Answer: The Directive provides that the internal emergency plan shall be reviewed and, where necessary, updated at suitable intervals of no longer than three years. This review shall take into account changes occurring in the establishment concerned or within the emergency services concerned, new technical knowledge, and knowledge concerning the response to major accidents.

The obligation to consult the personnel working inside the establishment and the long-term relevant subcontracted personnel would apply not only to the first drawing up of the internal emergency plan, but also to all subsequent reviews and/or updates, since their input may be valuable also for the update or review. The long-term relevant subcontracted personnel should be the subcontracted personnel from which one can expect such valuable input for the internal emergency plan. Short-term sub-contractors whose activities have no impact whatsoever on the safety of the establishment should not be included in the consultation exercise. It would be for the operator to judge on a case-by-case basis the need for consulting the subcontracted personnel, taking into account their potential impact on safety aspects and possible input to the internal emergency plan.

Furthermore, if a change in sub-contractor would have an impact on the content and therefore proper functioning of the internal emergency plan (for instance in terms of responsible persons for setting the emergency procedures in motion or for coordinating the on-site mitigating action or for liaising with the authority responsible for the external emergency plan), or if the change of sub-contractor would have an impact on the conditions or events which could be significant in bringing about a major accident, this should trigger a necessary review of the internal emergency plan, irrespective of the “normal” three-year interval, and the newly sub-contracted personnel would have to be consulted on the review.

Allegato 1 D.Lgs. 105/15 Sostanze Pericolose [Allegato I Dir. 2012/18/UE]

Argomenti trasversali

Question: Does the internal emergency plan have to be updated each time the operator changes subcontractor?
How to interpret “long-term relevant subcontracted personnel”?

Answer: The Directive provides that the internal emergency plan shall be reviewed and, where necessary, updated at suitable intervals of no longer than three years. This review shall take into account changes occurring in the establishment concerned or within the emergency services concerned, new technical knowledge, and knowledge concerning the response to major accidents.

The obligation to consult the personnel working inside the establishment and the long-term relevant subcontracted personnel would apply not only to the first drawing up of the internal emergency plan, but also to all subsequent reviews and/or updates, since their input may be valuable also for the update or review. The long-term relevant subcontracted personnel should be the subcontracted personnel from which one can expect such valuable input for the internal emergency plan. Short-term sub-contractors whose activities have no impact whatsoever on the safety of the establishment should not be included in the consultation exercise. It would be for the operator to judge on a case-by-case basis the need for consulting the subcontracted personnel, taking into account their potential impact on safety aspects and possible input to the internal emergency plan.

Furthermore, if a change in sub-contractor would have an impact on the content and therefore proper functioning of the internal emergency plan (for instance in terms of responsible persons for setting the emergency procedures in motion or for coordinating the on-site mitigating action or for liaising with the authority responsible for the external emergency plan), or if the change of sub-contractor would have an impact on the conditions or events which could be significant in bringing about a major accident, this should trigger a necessary review of the internal emergency plan, irrespective of the “normal” three-year interval, and the newly sub-contracted personnel would have to be consulted on the review.

Allegato 1 parte 2 D.Lgs. 105/15 Sostanze pericolose specificate - Allegato I parte 2 Dir. 2012/18/UE

Question: Does the internal emergency plan have to be updated each time the operator changes subcontractor?
How to interpret “long-term relevant subcontracted personnel”?

Answer: The Directive provides that the internal emergency plan shall be reviewed and, where necessary, updated at suitable intervals of no longer than three years. This review shall take into account changes occurring in the establishment concerned or within the emergency services concerned, new technical knowledge, and knowledge concerning the response to major accidents.

The obligation to consult the personnel working inside the establishment and the long-term relevant subcontracted personnel would apply not only to the first drawing up of the internal emergency plan, but also to all subsequent reviews and/or updates, since their input may be valuable also for the update or review. The long-term relevant subcontracted personnel should be the subcontracted personnel from which one can expect such valuable input for the internal emergency plan. Short-term sub-contractors whose activities have no impact whatsoever on the safety of the establishment should not be included in the consultation exercise. It would be for the operator to judge on a case-by-case basis the need for consulting the subcontracted personnel, taking into account their potential impact on safety aspects and possible input to the internal emergency plan.

Furthermore, if a change in sub-contractor would have an impact on the content and therefore proper functioning of the internal emergency plan (for instance in terms of responsible persons for setting the emergency procedures in motion or for coordinating the on-site mitigating action or for liaising with the authority responsible for the external emergency plan), or if the change of sub-contractor would have an impact on the conditions or events which could be significant in bringing about a major accident, this should trigger a necessary review of the internal emergency plan, irrespective of the “normal” three-year interval, and the newly sub-contracted personnel would have to be consulted on the review.

Prodotti petroliferi & combustibili alternativi

Question: Does the internal emergency plan have to be updated each time the operator changes subcontractor?
How to interpret “long-term relevant subcontracted personnel”?

Answer: The Directive provides that the internal emergency plan shall be reviewed and, where necessary, updated at suitable intervals of no longer than three years. This review shall take into account changes occurring in the establishment concerned or within the emergency services concerned, new technical knowledge, and knowledge concerning the response to major accidents.

The obligation to consult the personnel working inside the establishment and the long-term relevant subcontracted personnel would apply not only to the first drawing up of the internal emergency plan, but also to all subsequent reviews and/or updates, since their input may be valuable also for the update or review. The long-term relevant subcontracted personnel should be the subcontracted personnel from which one can expect such valuable input for the internal emergency plan. Short-term sub-contractors whose activities have no impact whatsoever on the safety of the establishment should not be included in the consultation exercise. It would be for the operator to judge on a case-by-case basis the need for consulting the subcontracted personnel, taking into account their potential impact on safety aspects and possible input to the internal emergency plan.

Furthermore, if a change in sub-contractor would have an impact on the content and therefore proper functioning of the internal emergency plan (for instance in terms of responsible persons for setting the emergency procedures in motion or for coordinating the on-site mitigating action or for liaising with the authority responsible for the external emergency plan), or if the change of sub-contractor would have an impact on the conditions or events which could be significant in bringing about a major accident, this should trigger a necessary review of the internal emergency plan, irrespective of the “normal” three-year interval, and the newly sub-contracted personnel would have to be consulted on the review.

Argomenti connessi alle note dell’Allegato 1 D.Lgs. 105/15 - Allegato I Dir. 2012/18/UE

Question: Does the internal emergency plan have to be updated each time the operator changes subcontractor?
How to interpret “long-term relevant subcontracted personnel”?

Answer: The Directive provides that the internal emergency plan shall be reviewed and, where necessary, updated at suitable intervals of no longer than three years. This review shall take into account changes occurring in the establishment concerned or within the emergency services concerned, new technical knowledge, and knowledge concerning the response to major accidents.

The obligation to consult the personnel working inside the establishment and the long-term relevant subcontracted personnel would apply not only to the first drawing up of the internal emergency plan, but also to all subsequent reviews and/or updates, since their input may be valuable also for the update or review. The long-term relevant subcontracted personnel should be the subcontracted personnel from which one can expect such valuable input for the internal emergency plan. Short-term sub-contractors whose activities have no impact whatsoever on the safety of the establishment should not be included in the consultation exercise. It would be for the operator to judge on a case-by-case basis the need for consulting the subcontracted personnel, taking into account their potential impact on safety aspects and possible input to the internal emergency plan.

Furthermore, if a change in sub-contractor would have an impact on the content and therefore proper functioning of the internal emergency plan (for instance in terms of responsible persons for setting the emergency procedures in motion or for coordinating the on-site mitigating action or for liaising with the authority responsible for the external emergency plan), or if the change of sub-contractor would have an impact on the conditions or events which could be significant in bringing about a major accident, this should trigger a necessary review of the internal emergency plan, irrespective of the “normal” three-year interval, and the newly sub-contracted personnel would have to be consulted on the review.

Allegato 2 D.Lgs. 105/15 Rapporto di Sicurezza [Allegato II Dir. 2012/18/UE]

Generalità

Question: Does the internal emergency plan have to be updated each time the operator changes subcontractor?
How to interpret “long-term relevant subcontracted personnel”?

Answer: The Directive provides that the internal emergency plan shall be reviewed and, where necessary, updated at suitable intervals of no longer than three years. This review shall take into account changes occurring in the establishment concerned or within the emergency services concerned, new technical knowledge, and knowledge concerning the response to major accidents.

The obligation to consult the personnel working inside the establishment and the long-term relevant subcontracted personnel would apply not only to the first drawing up of the internal emergency plan, but also to all subsequent reviews and/or updates, since their input may be valuable also for the update or review. The long-term relevant subcontracted personnel should be the subcontracted personnel from which one can expect such valuable input for the internal emergency plan. Short-term sub-contractors whose activities have no impact whatsoever on the safety of the establishment should not be included in the consultation exercise. It would be for the operator to judge on a case-by-case basis the need for consulting the subcontracted personnel, taking into account their potential impact on safety aspects and possible input to the internal emergency plan.

Furthermore, if a change in sub-contractor would have an impact on the content and therefore proper functioning of the internal emergency plan (for instance in terms of responsible persons for setting the emergency procedures in motion or for coordinating the on-site mitigating action or for liaising with the authority responsible for the external emergency plan), or if the change of sub-contractor would have an impact on the conditions or events which could be significant in bringing about a major accident, this should trigger a necessary review of the internal emergency plan, irrespective of the “normal” three-year interval, and the newly sub-contracted personnel would have to be consulted on the review.

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Question: Does the internal emergency plan have to be updated each time the operator changes subcontractor?
How to interpret “long-term relevant subcontracted personnel”?

Answer: The Directive provides that the internal emergency plan shall be reviewed and, where necessary, updated at suitable intervals of no longer than three years. This review shall take into account changes occurring in the establishment concerned or within the emergency services concerned, new technical knowledge, and knowledge concerning the response to major accidents.

The obligation to consult the personnel working inside the establishment and the long-term relevant subcontracted personnel would apply not only to the first drawing up of the internal emergency plan, but also to all subsequent reviews and/or updates, since their input may be valuable also for the update or review. The long-term relevant subcontracted personnel should be the subcontracted personnel from which one can expect such valuable input for the internal emergency plan. Short-term sub-contractors whose activities have no impact whatsoever on the safety of the establishment should not be included in the consultation exercise. It would be for the operator to judge on a case-by-case basis the need for consulting the subcontracted personnel, taking into account their potential impact on safety aspects and possible input to the internal emergency plan.

Furthermore, if a change in sub-contractor would have an impact on the content and therefore proper functioning of the internal emergency plan (for instance in terms of responsible persons for setting the emergency procedures in motion or for coordinating the on-site mitigating action or for liaising with the authority responsible for the external emergency plan), or if the change of sub-contractor would have an impact on the conditions or events which could be significant in bringing about a major accident, this should trigger a necessary review of the internal emergency plan, irrespective of the “normal” three-year interval, and the newly sub-contracted personnel would have to be consulted on the review.

SINDAR S.r.l. – corso Ettore Archinti 35, 26900 Lodi LO – tel 0371549200, fax 0371549201, sindar@tst-sindar.cloud – P.IVA e C.F. 12608410150 – Note legali

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