A risk assessment is used to assess the safety of the surrounding area, the general public and workers in establishments or installations that could, in the context of normal or abnormal operation, have a significant impact on health and safety.
The assessment must be carried out or verified by an accredited organisation, in cooperation with the contractor or the entrepreneur and the Inspectorate of Labour and Mines (Inspection du Travail et des Mines, ITM).
It shall be added to the application dossier for a class 1 operating permit for classified establishments.
The development and operating conditions set out in the authorisation order for an operating permit for classified establishments will take into account the results of the assessment.
Depending on their potential impact on safety, certain class 1 establishments are automatically subject to a risk assessment.
- industries or infrastructures associated with the exploitation, manufacture, storage or transport of oil, chemical or radioactive products;
- shooting ranges and race tracks for racing and test-driving of cars, motorcycles and go-karts;
- establishments for the incineration of waste and hazardous waste dumps.
Other class 1 establishments are subject to a risk assessment after examination on a case-by-case basis by the ITM.
This concerns mainly establishments that could:
- endanger the health and safety of persons in the event of flooding, evacuation of a large number of persons or the release of dangerous substances;
- have a particular impact in the event of fire, explosion or the release of certain biological agents;
- have an impact on the workers, workplace and/or public safety in the event of abnormal operation.
To find out whether a project requires a risk assessment, the applicant may:
- check the nomenclature of classified establishments in which establishments that are automatically subject to a risk assessment are indicated by a cross in the column labelled EtRi;
- check annex I (formerly annex II) of the Grand-Ducal regulation on risk assessments and safety reports, which lists all establishments that may be subject to a risk assessment and a safety report at the ITM's discretion;
- request a meeting with the ITM to establish whether such an assessment is necessary.
As the assessment takes place in parallel to the operating permit application for classified establishments, it must be ensured that the application file contains all the required documents.
Content of the assessment
The contractor or entrepreneur, the accredited organisation and the ITM together set the content and the scope of the risk assessment. The ITM will subsequently determine which documents and information will be required for the assessment and will inform the contractor/entrepreneur thereof.
The assessment includes in particular:
- a description of the project;
- a map of the location and a set of plans of the establishment or installation;
- a description of the characteristics, the construction, manufacturing and/or storage procedures of the materials, products, substances and preparations employed, stored, transformed;
- the safety data sheets for the materials, products, substances and preparations employed, stored, transformed or used in the establishment;
- the data required to assess the possible effects the project may have, in the event of abnormal operation, on workers, the workplace, the surrounding area and the public;
- the definition of hazardous radiation;
- the means employed to reduce risks;
- a non-technical summary of all the information provided, as well as the conclusions.
All risk assessments must be carried out or verified by an accredited organisation, which will subsequently present the assessment to the contractor or entrepreneur and the ITM.
Validation of the assessment
The ITM carries out the final validation of the risk assessment before submitting the application for the commodo/incommodo operating permit. The ITM subsequently informs the contractor/entrepreneur of its decision.
Following the ITM approval, the assessment will be added to the annex of the application for the class 1 operating permit for classified establishments and will form an integral part thereof.
However, a risk assessment can still be requested as supplementary information even after an operating permit application for classified establishments has been submitted.
No specific authorisation or condition will be granted based on the assessment alone.