Question to the Department for Work and Pensions:

To ask the Secretary of State for Work and Pensions, if she will review the exclusion of lithium-ion batteries for grid storage from the Control of Major Accident Hazards Regulations 2015.

The Control of Major Accident Hazards Regulations 2015 (COMAH) apply to dangerous substances as classified by the Classification, Labelling and Packaging Regulations 2008. Lithium-ion batteries are considered to be articles, rather than substances, and are therefore outside of the scope of the COMAH.

The Health and Safety Executive considers that the current regulatory framework is sufficient and suitably robust in relation to lithium-ion batteries and battery energy storage systems.

Of particular relevance are the Dangerous Substances and Explosive Atmospheres Regulations which set minimum requirements for the protection of workers and others from fire and explosion risks; the Electricity at Work Regulations which require precautions to be taken against the risk of death or personal injury from electricity in work activities; and the Management of Health and Safety at Work Regulations which require risks to be assessed and appropriately managed. In addition, for large scale battery storage, there are statutory requirements to notify the Fire and Rescue Service to inform their emergency response planning.