General Duty Clause
GOAL
Establish the principle that, as a matter of law, owners/operators of hazardous installations have the responsibility for the safe operation of their installations.
A general duty clause makes clear that industries are responsible for the safety of their installations. This is important because it is not possible for legal instruments to address all potential hazards or to specify everything that industry should do with respect to accident prevention, preparedness and response. Nor is it possible for government authorities to control or monitor all hazardous installations.
Safety should be an integral part of the business operations of an enterprise and all hazardous installations need to create a safety culture complemented by technology, policies, procedures, and systems that are appropriate to their circumstances.
Suggested activities include:
- Include a general duty clause in the Chemical Accidents Programme, imposing legal obligation that owners/operators are responsible for the safety of their hazardous installations
- Establish enforcement measures or sanctions which can be imposed if an owner/operator is found to be operating a hazardous installation in an unsafe manner
- Provide guidance to help owners/operators fulfill their responsibilities