What powers it has to introduce legislation preventing the storage or placement of flammable or otherwise dangerous materials adjacent to r…

Employers are obliged to comply with the Health and Safety at Work Act 1974 and the Health and Safety at Work Regulations 1999 in the running of their premises. Health and safety legislation includes requirements to protect the public outwith the premises as well as those within. However, health and safety matters are reserved.Scottish planning controls, namely the Planning Hazardous Substances consent regime, relate to the storage of specified hazardous substances or categories of hazardous substance above specified quantity related thresholds. In addition, it is open to planning authorities, when determining planning applications for new physical development or changes of use of sites that involve the storage or placement of flammable or otherwise dangerous materials in proximity to a railway line or siding, to consider whether the potential risk or impact of an accident is a material consideration in the determination of such applications. Where the storage or placement of flammable or otherwise dangerous materials is part of a process or activity subject to control under either Part 1 of the Environment Protection Act 1990 or the Pollution, Prevention and Control Regulations 2000, then conditions can be attached to the authorisation/permit by the Scottish Environment Protection Agency aimed at preventing accidents and minimising the consequences for the environment.The Executive has no current plans to introduce legislation in relation to these matters.