What does the law say about diesel spills?

Diesel spills aren’t terribly common, but when they do occur, they can be massively costly – not just in terms of fines and monetary penalties, but also in terms of the damage they can cause to the surrounding environment, as well as any humans or animals living in it.

That’s where our TankSafe Optimum comes in. It’s primarily designed to help protect you against fuel theft and skimming, but by the same token, it also helps to cut down on the risk of fuel spills. Now, the consequences of fuel spills (such as fines) tend to be quite heavy, in proportion with the damage that such spills are capable of causing.

So in the rare event that a fuel spill does occur, it can help to know your obligations in advance, and what legislation you’re required to follow.

What’s the key legislation for English companies?

The Control of Pollution (Oil Storage) England Regulations 2001

Perhaps the most critical piece of key legislation, these regulations encompass a variety of fluids, including diesel, petrol, vegetable, synthetic and mineral oils.

Their overarching stipulation is that “Oil shall be stored in a container which is of sufficient strength and structural integrity to ensure that it is unlikely to burst or leak in its ordinary use.”

In other words, a company using or moving any containers filled with oil or fuel must make sure that those containers are kept in good repair.

COSHH

COSHH, or Control of Substances Hazardous to Health, is a set of regulations that apply to a variety of toxic substances, including dusts, gases, fumes, liquids or powders, or more. This includes fuels like petrol or diesel, because not only do they pose an immediate slipping hazard, but they’re also toxic if they’re accidentally ingested, or the fumes are breathed in for long periods.

The Water Resources Act 1991

The Water Resources Act actually provides the legal framework for the Control of Oil Storage regulations that we’ve already talked about above. It’s very detailed (as you might imagine, after 30 years), but to summarise the key elements of the Act, it essentially regulates water resources, water quality and pollution, and flood defence. It particularly comes into play if a fuel spillage has the potential to threaten any nearby waterways, such as rivers, lakes, or man-made channels (such as drains and sewers).

What are the specific legal obligations for operators?

We’ve already covered some of the legal obligations for drivers in the immediate aftermath of a spill, but of course the ideal case scenario is that it never gets to that stage in the first place. In accordance with that, fleet operators and company owners have a number of legal obligations, as set out in the government’s Diesel Spillage Best Practice Guide.

Some of the main ones include:

Keep vehicles in good repair

Put simply, poorly-maintained vehicles are more at risk of breaking down, and developing diesel leaks. It’s therefore crucial for fleet managers to ensure that all vehicles are subject to regular preventative maintenance – especially since it also has a variety of other safety implications.

Equip vehicles with spill kits

Spill kits are designed to handle accidental spills of hazardous materials, and typically contain absorbents, gloves, and other necessary tools to contain and clean up spills safely. Crucially, many spill kits include booms and mats, which drivers can use to deal with smaller spills as they occur. While usage will often be down to the driver, it’s up to the operator to make sure these kits are present and easily accessible to begin with.

Fuel tanks must be in good repair

Just as with the vehicle in general, fuel tanks themselves must be subject to regular, rigorous inspection. Cracked, leaky or otherwise faulty fuel tanks are obviously more prone to causing fuel spillages, so fleet managers will need to make sure extra attention is paid to their overall integrity.

Provide proper training for drivers

This is equally as important, if not more so, as providing spill kits – which are no use if drivers aren’t fully sure on how to use them. The Highways England Spillage Guide details some of the most important elements of this training, such as the health and safety briefing. It may also be worth directing your drivers towards specific courses if you think these might be beneficial, although they should already have a baseline level of understanding of the topic from their Driver CPC (Certificate of Professional Competence) training.

It's also worth noting that Highways England specifically recommends anti-siphon fuel caps – and that’s exactly where we can help here at TankSafe. Our TankSafe Optimum can be particularly useful for helping to prevent fuel spills – as well as giving you complete protection against fuel theft.  

You can read more about how TankSafe Optimum works, or don’t hesitate to get in touch with our team here at TankSafe if you have any further questions about the best ways to protect your fuel in 2024. Give us a quick call on 01253 400 401, and we'll be happy to help however we can!