After the Lubrizol fire, potential changes in regulatory requirements with regard to the storage of combustible and inflammable materials

Following the fire at the Lubrizol plant on 26 September 2019, Elisabeth Borne, the Minister for Ecological Transition, presented an action plan for the prevention and management of industrial risks to see what lessons could be learned.

On 19 June the Minister for Ecological Transition presented the first part of the new draft statutory instruments to the members of the High Council for the Prevention of Technological Risks (CSPRT).

Particular attention is paid to combustible and inflammable materials. In fact, recent European feedback has underlined the importance of containers, for liquids in particular, in determining the development of an accident.

It should be recalled that operators of Seveso establishments, and classified installations located in the immediate vicinity, must be able to provide to the authorities at any time an exhaustive and up-to-date inventory of the substances stored (type, quantity and location) in an easily usable format.

These factors have a direct impact on the operational strategy to be taken in the event of an accident, formally set out in an Internal Operations Plan (POI) or a fire defence plan. Although there was no loss of life during the Lubrizol accident, there are nonetheless environmental and health issues that remain in the event of a major industrial accident. This aspect should be anticipated by industrial companies and formally set out in a POI or fire defence plan in the future.

Every installation is required to assess the thermal effects in the event of an accident. This approach is formally set out in a hazard study for sites presenting major risks. Feedback demonstrates the importance of managing the domino effects generated by an industrial site, beyond its property boundaries but also with regard to its equipment. Therefore, in future there will be a requirement to check that the domino effects are effectively contained within the site’s boundaries (via a study of heat flows). Where necessary, offsetting measures may be provided for.

When a fatal accident occurs, the people left behind may also need to deal with practical matters that were never expected to become part of their lives. Lost earnings, outstanding expenses, and questions about workplace safety may all surface at once, particularly when the death happened under circumstances that raise concerns about preventability.

For relatives weighing their next step, Rossman Law may be worth considering alongside the other resources available to them. An accidental wrongful death attorney can assess whether the facts surrounding the incident justify further action and explain the types of damages a surviving family member may be entitled to pursue. Taking time to understand those rights can be important before making any decisions.

Consequently, the authorities envisage improving the fire behaviour of buildings either passively (compartmentalization) or actively (automatic extinguishing system).

Cold stores will also be subject to fire safety improvements (size of units, suitable building materials, fire detection and smoke extraction in the roof space).

In conclusion, it is likely that the departments of DREAL (Regional Directorate for the Environment, Development and Housing) will pay particular attention to compliance with the above points during future inspections.