The BRZO (Major Accident Hazards Decree 2015) sets requirements for the prevention and containment of major accidents involving hazardous substances. More and more companies in the (chemical) industry are designated as BRZO companies and bear a high degree of responsibility given the risks associated with their operations. The BRZO is also relevant when applying for an environmental permit (environmental activity).
The BRZO is the Dutch implementation of the European Seveso III Directive. The BRZO integrates laws and regulations on occupational safety and external safety into one legal framework. The BRZO 2015 contains many open standards that require implementation.
Please contact us through the phone number below or send us an email.
+31 (0)10 4406440 info@ploum.nlThe central provision of the 2015 BRZO is the duty-of-care provision of Article 5(1) BRZO: the operator shall take all measures necessary to prevent major accidents and to limit the consequences thereof for people and the environment.
If a company has not taken measures to prevent major accidents or to limit their consequences, or if these are clearly inadequate, the company is expected to shut down all or part of the establishment. This is called the operating ban.
A breach of the duty-of-care provision, for instance during a BRZO inspection, usually leads to administrative and/or criminal enforcement. Criminal courts impose increasingly higher fines on companies in such cases. In addition, the public prosecutor more often prosecutes directors, management and QHSE managers as well. In addition, administrative penalties are becoming stricter as well.
As a specialist in the BRZO 2015 and pioneer in this field, we organise BRZO-meetings and sessions where we speak about securing structural compliance with the BRZO. In addition, we encourage knowledge sharing on BRZO 2015 within the industry by organising workshops. We have also compiled a BRZO anthology: BRZO Legislation & Relevant Documentation, Mr J. Barensen and Mr M.G.J. Maas-Cooymans, SDU 2018.
We are very happy to advise on compliance issues.
If you are confronted with a criminal investigation, Ploum can provide you with expert assistance, including assistance during interrogations. We advise you on your rights and (information) obligations and try to avoid a public hearing for you and your company at all times.
If you are faced with administrative enforcement, we can guide you in drafting views and/or objections regarding administrative penalties and other sanctions. If the Labour Inspectorate confronts you with a full or partial shutdown of your company, we provide assistance as well. Our added value lies mainly in our practical BRZO knowledge and interpretation of the regulations (also at EU level) as well as communication with the competent authority. To prevent enforcement, and if necessary to restore the relationship with these authorities.
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