InTouch

Issue April 2007

NQA

New Regulations for Wales amend statutory nuisance provisions of EPA1990

New legislation: closed

The Statutory Nuisance (Miscellaneous Provisions) (Wales) Regulations 2007 (SI 2007 No.117) were made on 23rd January and entered into force on 31st January 2007. They relate to two categories of nuisance: insects and artificial light. Firstly, in respect of land for which payments are made under any of the land management schemes described in the Schedule to the Regulations (e.g. land designated as an Environmentally Sensitive Area), insects emanating from such land which are prejudicial to health or a nuisance will not constitute a statutory nuisance. The amendments made by these Regulations enable reliance to be placed on best practicable means having been used to abate, or to counteract the effects of, such nuisance. The Regulations also provide that best practicable means is a ground of appeal against an abatement notice in respect of nuisance from artificial light, where the artificial light is emitted either from industrial, trade or business premises, or by lights used for the purpose of illuminating an outdoor relevant sports facility.

The Statutory Nuisances (Miscellaneous Provisions) (Wales) Order 2007 (SI 2007 No. 120) defines relevant sport? in relation to the statutory nuisance that may arise from artificial light which arises from lights used to illuminate an outdoor relevant sports facility.

 Both pieces of legislation are available on the OPSI website. Source: www.opsi.gov.uk (accessed 05/02/07)


New CDM Regulations Issued

New legislation: closed

The Construction (Design and Management) Regulations 2007 (SI 2007 No. 320) were laid before Parliament 15th February 2007 and enter into force on 6 April 2007. These Regulations revoke and replace the Construction (Design and Management) Regulations 1994 (S.I. 1994/3140) (Parts 2 and 3) and revoke and re-enact, with modifications, the Construction (Health, Safety and Welfare) Regulations 1996 (S.I. 1996/1592) (Part 4), simplifying these Regulations into a single regulatory package. Parts 2 and 3 set out duties in respect of the planning, management and monitoring of health, safety and welfare in construction projects and of the co-ordination of the performance of these duties by duty holders. Duties applicable to all projects, including duties of clients, designers and contractors, are set out in Part 2. These include a duty on every person working under the control of another to report anything that he is aware is likely to endanger health or safety. Part 3 imposes additional duties on clients, designers and contractors where the project is notifiable, defined as likely to involve more than 30 days or 500 person days of construction work. These include the duty of the client to appoint a CDM coordinator and a principal contractor, whose particular duties are then set out. The Regulations are also supported by an Approved Code of Practice (ACoP) and industry-approved guidance.

The ACoP was published on 27 February 2007, and priced at £15 (but will not come into force until 6 April 2007). It is available from www.hse.gov.uk. In light of concerns raised regarding the effect of the Regulations on small and medium sized businesses (SMEs) - particularly small clients, it must be emphasized that the Regulations do not impose new duties on clients. They make explicit what clients should already be doing as a result of existing duties in the Health and Safety at Work etc Act 1974 (HSWA) and the Management of Health and Safety at Work Regulations 1999. Clear, simple guidance for SMEs and clients is being developed by industry, and is currently available through the ACoP. This will be crucial in helping smaller clients, addressing misconceptions and alleviating concerns.

 The full text of the regulations, including an explanatory note highlighting the new requirements of the Regulations in comparison to the 1994 CDM Regulations, is available from the OPSI website at: www.opsi.gov.uk/si/si2007/20070320.htm Source: www.opsi.gov.uk (accessed 05/03/07)


Amendment to Dangerous Substances and Preparations Regulations

New legislation: closed

The Dangerous Substances and Preparations (Safety) (Amendment) Regulations 2007 (SI 2007 No. 386) were made on 12th February and enter into force on 12th March 2007. These Regulations correct two errors in the Dangerous Substances and Preparations (Safety) Regulations 2006 (the principal Regulations - (previously reported on in the December issue of In Touch). Regulation 1(2) provided that regulation 12 (Toluene) should come into force on 24th August 2007. These Regulations correct that date to 15th June 2007. They also remove two words in regulation 8(4) which were repeated. In addition regulation 3 amends the two references to the Dangerous Substances and Preparations (Safety) (Consolidation) Regulations 1994 (which were revoked by the principal Regulations) in the Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2002 to refer instead to the principal Regulations.

 The full text of the amending regulations is available from: http://www.opsi.gov.uk/si/si2007/20070386.htm Source: www.opsi.gov.uk (accessed 05/03/07)


OHSAS 18001 issued for comment

New legislation: closed

The British Standards Institute (BSI) has issued a draft for public comment of the Occupational Health and Safety Assessment Series (OHSAS) specification, OHSAS 18001. This gives requirements for an occupational health and safety management system, to enable an organization to control its OH&S risks and improve its performance. It does not state specific OH&S performance criteria, nor does it give detailed specifications for the design of a management system (this can be found in BS 8800:2004).

All the requirements in this OHSAS specification are intended to be incorporated into any OH&S management system. BSI is inviting comments for the UK perspective on this international OHSAS. Source: www.bsi.org.uk (accessed 05/03/07)


Accelerated learning at the IRCA Forum

New legislation: closed

At the recent IRCA Training Organisation Forum held at the super Glaziers Hall venue next to the River Thames, training organisations experienced an excellent demonstration of accelerated learning by Pinpoint Facilitation. 

At the end of the demonstration there was unanimous agreement from those present that there were many ideas that could be taken on board effectively.

 The event showed trainers new ways to: engage whole organisations establish visible leadership and motivation develop people enhance corporate responsibility improve return on investment by: getting people involved immediately and keeping them active - from start to finish applying multiple working and learning intelligences balancing left- and right-brain activities stimulating "whole brain, whole body, whole belief" activity generating easy visualisation and free, constructive creativity managing "state", recording the discussion, accelerating working and learning and providing a complete picture of the whole meeting/session bringing 'academic models' (including Buzan's Mindmapping, Isikawe, Force Field Analysis, Transactional Analysis and Johari's Window) alive in a colourful and memorable way. 

 At JPD group, we believe that we live in a world where the ability to absorb information rapidly and to think logically and creatively are the most important skills that you can possess. And because accelerated leaning methods are giving organisations the competitive advantage of a faster learning workforce, we are actively introducing them into all of our courses.

Many of the splendid ideas put forward by Pinpoint Facilitation will be employed. See them for yourself at www.pinpoint-facilitation.com Source: Bob Mitchell, Head of JPD Training.


New Rules for the Treatment of Non-hazardous Waste

New legislation: closed

New rules mean that from October 2007 non-hazardous waste must be treated before it is disposed of at a landfill site and liquid waste will be banned from any landfill. These originate from the Landfill (England and Wales) Regulations 2002, SI 2002 No. 1559, as amended, e.g. by the Landfill (England and Wales) (Amendment) Regulations 2005. Treatment is defined by a three-point test, and all criteria must be satisfied for the waste to have been treated. The criteria are that the treatment must: 1. Be a physical, thermal, chemical or biological process including sorting 2. Change the characteristics of the waste 3. Change the waste to reduce its volume or hazardous nature, facilitate its handling or enhance its recovery. If you are a waste producer you are not obliged to treat the waste yourself - many will simply buy this service from a waste contractor. However, it is good practice to complete a written declaration stating:

  • Whether you have treated the waste
  •  The type of treatment that has occurred (if any)
  • If relevant, the amount of waste sorted out for recovery or alternative treatment You then need to decide whether to either treat the waste and provide information about the treatment for subsequent holders, or ensure that a subsequent holder will treat the waste before it is landfilled. Landfill operators need to ensure that waste is treated prior to accepting it on-site. These organisations will need to check whether a waste has been treated, for example by: 
  •  Discussions with the producer or contractor about the nature of the waste and any contractual arrangements regarding its treatment;
  • Checking the paperwork accompanying the load, including a written declaration from the producer or holder that the waste has been treated;
  •  Initial visual inspection plus inspection following deposit;
  • Auditing the producers arrangements for treating the waste. To help with these new obligations, the Environment Agency has produced new guidance, Treatment of non-hazardous wastes for landfill.

Part A explains the requirements of the Regulations while Part B provides suggested methods on how certain wastes can be dealt with.

The guidance is available in pdf format from: http://publications.environment-agency.gov.uk/pdf/GEHO0207BLWJ-e-e.pdf?lang=_e Source: www.environment-agency.gov.uk (accessed 05/03/07)


Addition to Environmental Noise Regulations

New legislation: closed

As reported in the November issue of In Touch, Environmental Noise Regulations came into force last year concerning the mapping and management of environmental noise. The Environmental Noise (Identification of Noise Sources) (England) Regulations 2007 (Statutory Instrument 2007 No. 415) were made on 13th February and enter into force on 19th March 2007. These Regulations are made pursuant to the duty in regulation 3(1) of the Environmental Noise (England) Regulations 2006 (S.I. 2006/2238) and identify the noise sources that must be mapped pursuant to the first paragraph of Article 7 of Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the assessment and management of environmental noise (O.J. No. L 189, 18.07.2002, p. 12). These Regulations apply in England only. The locations identified for noise mapping are detailed in the new regulations, which can be accessed from: http://www.opsi.gov.uk/si/si2007/20070415.htm

The noise maps themselves can be viewed on the following website: http://www.defra.gov.uk/environment/noise/ambient.htm. Source: www.opsi.gov.uk (accessed 05/03/07)


Amendment to Emissions Trading Regulations

New legislation: closed

The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2007 (Statutory Instrument 2007 No. 465) were made on 19th February and enter into force on 16th March 2007. These Regulations amend the Greenhouse Gas Emissions Trading Scheme Regulations 2005 ("the 2005 Regulations") which provide a framework for a greenhouse gas emissions trading scheme and implement Directive 2003/87/EC of the European Parliament and the Council establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (the "Emissions Trading Directive"). These Regulations provide that the Secretary of State may allocate allowances for the first phase of the scheme (2005 to 2007) by way of auction or sale. The Secretary of State is permitted to enter into agreements with persons who hold accounts in the emissions trading registry to transfer allowances to those persons in exchange for payment (regulations 21A and 46 of the 2005 Regulations, as inserted by these Regulations).

The full text of the amendment is available from: http://www.opsi.gov.uk/si/si2007/20070465.htm Source: www.opsi.gov.uk (accessed 05/03/07)


New Health and Safety Fees Regulations

New legislation: closed

The Health and Safety Fees Regulations 2007 (SI 2007/813) were published on 16th March and enter into effect on 6th April. The Regulations revoke the Health and Safety (Fees) Regulations 2006 (SI 2006/336), and consolidate amendments and update fees charged. Fees payable by the applicant to the HSE have in most cases been revised, for example for: - Approval under mines and quarries legislation - Approval of plant or equipment under Agriculture (Tractor Cabs) Regulations 1974 - Licence under the Control of Asbestos Regulations 2006 - Approval under Health and Safety (First Aid) Regulations 1981 The full text of the Regulations is available from: www.opsi.gov.uk/si/si2007/20070813.htm

A table giving a comparison of the new fees with previous fee charging is at: www.opsi.gov.uk/si/si2007/table.htm Source: www.opsi.gov.uk (accessed 03/04/07)


New Water Management Legislation

New legislation: closed

The Water Act 2003 (Commencement No. 7 and Transitional Provisions) Order 2007 (SI 2007 No. 1021) brought into force on 1st April 2007 in England and Wales certain provisions of the Water Act 2003 ("the Act") and makes certain transitional provisions. This Order gives full effect to the provisions of Part 2 of the Act in relation to the new regulatory arrangements for the water industry and the new water supply licensing regime. This completes the implementation of Part 2 of the Act. The provisions of Part 3 of the Act brought into force by this Order require water undertakers to prepare and maintain water resources management plans. They also make provision for schemes for the adoption of sewers, lateral drains and sewage disposal works. The Water Resources Management Plan Regulations 2007 (SI 2007/727) cover England and Wales and entered into force on 1st April 2007. They prescribe how water undertakers are to prepare and publish water resources management plans. The obligation for water undertakers to prepare and maintain a water resources management plan arises under section 37A(1) of the Water Industry Act 1991 (inserted by section 62 of the Water Act 2003). Regulation 2 prescribes the method of publication of a draft water resources management plan and the persons to whom it and the accompanying statement must be copied. Regulation 4 prescribes how water undertakers are to deal with representations received in relation to a draft water resources management plan. Regulation 5 provides that an inquiry or other hearing may be held in connection with a draft water resources management plan. Regulation 6 prescribes the method of publication of the water undertaker's completed water resources management plan.

The full text of the Commencement Order is available from: http://www.opsi.gov.uk/si/si2007/20071021.htm, while the Water Resources Management Plan Regulations are available from the OPSI website at: http://www.opsi.gov.uk/si/si2007/20070727.htm Source: www.opsi.gov.uk (accessed 03/04/07)


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