What your risk assessment needs to include for fuel spill compliance

Fuel spill risk assessments are crucial for keeping your operations complaint – and crucially, safe for your team and the surrounding general public. The purpose of this assessment is essentially to make sure your site has clear procedures and effective measures to prevent spills, contain them if they happen, and limit any harm to the environment or surrounding people. 

We’ve spoken about fuel spills before here on the blog at TankSafe, and as you may know our previous posts, the UK has strict fuel spill regulations, and authorities will expect you to demonstrate that you’ve thought about all risks, documented your controls, and can produce evidence of compliance. So, here’s a quick heads up on what your own fuel spill risk assessment will need to cover.

A quick overview of the relevant legal framework

Several key pieces of legislation apply to fuel spill management and compliance in the UK. Together, they set out your responsibilities for preventing pollution, storing fuel safely, handling flammable substances, and protecting both people and the environment. Here’s a rundown of the most pertinent ones:

Environmental Protection Act 1990

This Act places a duty of care on all business owners to prevent the release of pollutants into the environment. It also gives regulators the power to take enforcement action if fuel escapes into soil, groundwater, or surface water, and outlines penalties for businesses that fail to control risks or fail to take appropriate action when incidents occur. When you prepare your risk assessment, you’ll need to identify how your operations could create pollution risks and reference the controls you’ve implemented that align with the duty of care defined in the Act.

Control of Pollution (Oil Storage) (England) Regulations 2001

These regulations apply to businesses that store more than 200 litres of oil or fuel in England. They require you to use bunded tanks, secure pipework, and provide secondary containment to prevent leaks from reaching drains or watercourses. It also mandates inspections of tanks and containers, and your assessment needs to show that these are carried out on a regular basis. Scotland and Wales have equivalent legislation, so you’ll need to check the rules for your location.

Dangerous Substances and Explosive Atmospheres Regulations (DSEAR)

These regulations focus on the risks associated with flammable and explosive materials, including fuels. They require site managers and fleet operators to assess the likelihood of fires and explosions, put controls in place, and train staff on safe handling practices. If you store large amounts of fuel or operate machinery in enclosed areas, your assessment will need to account for ignition sources, ventilation, and emergency planning in line with DSEAR.

Further Health and Safety Executive (HSE) guidelines

The HSE also provides detailed guidance to help business owners maintain compliance with fuel storage and spill management regulations. 

Key documents include: 

• HSG176, the storage of flammable liquids in tanks – these sets out standards for tank design, venting, and separation distances

• HSG51, the storage of flammable liquids in containers – cover safe container use and segregation. 

• INDG370, working with substances hazardous to health, and INDG139, preventing accidents to children on farms – both also touch on hazardous storage and site safety. 

These last documents explain how to design safe systems, what inspection routines should look like, and how to protect employees and the public. All are directly available on the HSE website, so it shouldn’t be too difficult to ensure that your assessment shows how you’ve applied the recommendations that are relevant to your operations.

4 key risks your assessment needs to identify

Your risk assessment has to identify the specific risks your business faces when handling fuel. The main ones to include are:

Spills during fuel transfer
The chances of leaks are often high when fuel is being transferred between containers, such as when refuelling vehicles or moving from bulk storage tanks. Problems can arise from worn hoses, cracked fittings, or operator mistakes like overfilling. Without clear procedures for these tasks, spills can happen quickly and spread before staff have time to respond. So, your assessment will need to identify every transfer point on site and explain the measures you use to reduce these risks, such as automatic cut-off valves or trained staff on standby.

Storage tank failure

Tanks that hold fuel are exposed to constant stress, whether from weather conditions, corrosion, or physical impact. Underground tanks can develop leaks that go unnoticed until contamination has already spread, while above-ground tanks may weaken over time if they’re not checked. Your assessment therefore needs to explain how you inspect your tanks, what maintenance schedules you follow, and what monitoring systems you use to detect early signs of leaks.

Inadequate containment
Even if a spill happens, secondary containment like bunds, drip trays, and barriers can stop fuel from spreading into soil or water. If your bund is cracked, undersized, or poorly maintained, it won’t contain a spill effectively. Your assessment should map out the containment systems you rely on, state their capacity compared to the fuel you store, and show evidence of inspection records that prove they’re working as intended.

Human factors
People are often the weakest link in fuel handling. Staff who are untrained, distracted, or rushed are far more likely to make mistakes that lead to spills. Common problems include leaving valves open, failing to monitor fuel levels during transfers, or mishandling spill kits when an incident happens. Your assessment should highlight these human risks and detail the training, supervision, and refresher programmes you provide to reduce them.

Controls you need to document

Your risk assessment has to set out the main controls your business relies on to prevent and manage fuel spills. These cover equipment, people, and emergency arrangements.

• Secondary containment and leak prevention

• Inspection and maintenance routines

• Training and supervision of staff

• Spill response and waste disposal

• Fire safety and emergency planning

Secondary containment and leak prevention measures form the backbone of spill control – these include bunded tanks, drip trays, shut-off valves, and leak detection systems,. They prevent leaks from spreading and give you the tools to identify problems quickly. Crucially, these measures are only effective if they’re supported by consistent inspection and maintenance. Tanks, pipework, valves, and containment structures all need regular checks, with records kept to show how corrosion, cracks, or general wear have been identified and addressed before they develop into failures.

Training and supervision needs to be a major focus, as they both help to ensure that staff know how to handle fuel properly and react effectively if something goes wrong. Employees should receive refresher training to reinforce correct procedures, and supervisors must oversee fuel handling activities to keep standards consistent across the workforce. This also includes spill response, as staff need to know where kits are located, how to deploy them, and how to dispose of absorbents and contaminated waste safely. Waste management needs to follow approved channels to prevent secondary contamination and demonstrate compliance with environmental regulations.

Fire safety and emergency planning bring the other controls together into a coherent framework. Fire extinguishers suitable for liquid fuels should be available in accessible locations and checked regularly to confirm they’re ready for use. Your emergency response plan needs to explain how your team will respond to incidents on site and outline the process for notifying regulators and outside agencies if a spill occurs.

What evidence do you need to demonstrate compliance?

Your business has to be able to show regulators that you’re not just writing policies, but actively applying them. Evidence may include maintenance records for tanks and equipment, training logs for staff, and inspection checklists for spill kits and containment systems. You also need records of any incidents, even minor ones, and proof of how they were managed.

If you’ve carried out spill response drills, you should keep records of what was tested and what improvements were made afterwards. Your assessment should also link to site plans that show the location of tanks, bunds, drains, and emergency equipment. Regulators often ask for these during inspections.

And of course, if you’re looking for peace of mind against all the risks associated with diesel spills, you’re in exactly the right place. 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!