Biocidal Products Transitional Provisions Extended in Northern Ireland

The end date of the transitional provisions in the Biocidal Products Regulations (Northern Ireland) 2001 has been extended from 14 May 2010 to 14 May 2014. The transitional provisions allow existing biocidal products to remain on the market in Northern Ireland (subject to existing national legislation) while the active substances contained in them are reviewed at European level for safety and efficacy.

The full text of the Regulations can be found here.

ISSUE : May 2010

Changes to End-of-Life Vehicles Regulations in Ireland

These Regulations update the definition of hazardous substances to reflect the changes brought in by the European Classification, Labelling and Packaging of substances and mixtures Regulation which implements the United Nations Globally Harmonised System of Classification and Labelling of Chemicals (GHS).

The Regulations also clarify that the obligations on producers also apply to persons involved in the sale, supply or use in the State of materials and components in respect of specified vehicles.

The full text of the Regulations can be found here.

ISSUE : May 2010

Biocidal Products Transitional Provisions Extended

The Biocidal Products (Amendment) Regulations 2010 has extended the end date of the transitional provisions in the Biocidal Products Regulations 2001, from 14 May 2010 to 14 May 2014. The transitional provisions allow existing biocidal products to remain on the market in Great Britain (subject to existing national legislation) while the active substances contained in them are reviewed at European level for safety and efficacy.

The full text of the Regulations can be found here.

ISSUE : April 2010

Changes to Health and Safety Fees in Northern Ireland

New rules have been put in place in Northern Ireland to fix or determine the fees payable for applications made for:

• licences under the Petroleum (Consolidation) Act (Northern Ireland) 1929
• the transfer of a licence under the Petroleum (Transfer of Licences) Act (Northern Ireland)
• licences under the Control of Asbestos Regulations (Northern Ireland) 2007
• the re-assessment of whether to grant an application for an asbestos licence and for amendments to, and replacements of lost, asbestos licences;
• an approval of a scheme or programme under the Freight Containers (Safety Convention) Regulations (Northern Ireland) 1992
• and a notification or application under the Genetically Modified Organisms (Contained Use) Regulations (Northern Ireland) 2001

The rules also fix fees to be paid in respect of medical examinations and surveillance by an employment medical adviser and also fixes or determines the fees payable work done by HSENI.

Typically the fees have either remained the same or have been increased in line with inflation.

The full text of the Regulations can be found here.

ISSUE : April 2010

Ionising Radiation (Medical Exposure) Regulations updated in Northern Ireland

The Ionising Radiation (Medical Exposure) (Amendment) Regulations (Northern Ireland) 2010 will soon come into force, with the purpose of clarification and updating the rules surrounding ionising radiation in relation to medical exposure.

The Regulations make several minor changes to the Ionising Radiation (Medical Exposure) Regulations (Northern Ireland) 2000 including the enforcement powers for Northern Ireland should be transferred to the Health and Social Care Regulation and Quality Improvement Authority.

The full text of the Regulations can be found here.

ISSUE : March 2010

New Health and Safety Regulations for Merchant Shipping and Fishing Vessels

New Regulations are to come in to force in order to remove the gap in regulatory coverage for working at height and using chemicals between land-based workers and those working on ships.

The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Work at Height) Regulations 2010 requires employers on ships to ensure that only someone deemed as being competent to do so is allowed carry out activities in relation to working at height, unless they are undergoing training and being supervised by a competent person. The Regulations also prescribe requirements for how work at height is to be organised, the selection of equipment to be used and the working at height in relation to weather conditions.

The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Chemical Agents) Regulations 2010 places a duty to employers to assess any risk to the health and safety of workers arising from the presence of chemical agents on ships and to remove or reduce these risks. They also require employers to establish procedures to control any chemical related accident, incident or emergency which may occur.

The full text of the Work at Height Regulations can be found here.

The full text of the Chemical Agents Regulations can be found here.

ISSUE : March 2010

New Notification Requirements to Ensure Safety of Tower Crane Use

Further to last months issue of InTouch where we reported on the Health and Safety Executives’ newly issued guidance on Notification of Conventional Tower Cranes Regulations, the Regulations to which they relate have been approved by Parliament and will be coming into force in April.

The Notification of Conventional Tower Cranes Regulations 2010 require employers using or providing conventional tower cranes on construction sites to notify the Health and Safety Executive with information relating crane used. The information to be provided includes:

• Details of the crane owner or lessor;
• Address of the construction site where the crane was used;
• Means to identify the crane used; and
• Details of any thorough examination of the crane carried out under the Lifting Operations and Lifting Equipment Regulations 1998.

The notification will enable the HSE to provide reassurance on the management of health and safety risks from cranes.

The full text of the Regulations can be found here.

ISSUE : March 2010

Courts Given Power to Order Corporate Manslaughter / Homicide to be Publicised

Courts now have the power to order organisations convicted of corporate manslaughter / homicide to publicise the fact that they have been convicted, including specified details of the offence, details of any fine imposed and the terms of any remedial order made. Organisations who fail to do so may be given an unlimited fine.

These powers are prescribed by Section 10 of the Corporate Manslaughter and Corporate Homicide Act 2007 which has been brought into force by The Corporate Manslaughter and Corporate Homicide Act 2007 (Commencement No. 2) Order 2010.

The new powers apply only to acts of corporate manslaughter / homicide committed on or after the date on which Order brought Section 10 of the Act into force.

The full text of the Order can be found here.

The full text of the 2007 Act can be found here.

ISSUE : March 2010

HSE consultation on amendments the Health and Safety at Work etc. Act (1974)

The Health and Safety Executive has issued a consultation on the proposal to extend their powers under the Health and Safety at Work etc. Act (1974) by means of a Legislative Reform Order allowing them to regulate biological agents that pose a risk to animal health. Using the new powers the HSE will be able to introduce a single set of regulations to cover all contained use work with human and animal pathogens and genetically modified organisms, currently regulated by three separate pieces of legislation, thereby reducing the burden on duty holders.

The consultation will end on 28 March 2010.

Further information can be found here.

ISSUE : February 2010

HSE issues guidance on Notification of Conventional Tower Cranes Regulations

Following on from their consultation on the proposed new regulations requiring the notification of tower cranes operating on construction sites (as reported in the August 2009 issue of InTouch), the HSE has produced a document to provide guidance for tower crane operators, including:

• what types of tower crane need to be notified to the HSE
• who needs to make sure tower cranes are notified and when
• what information needs to be notified and how

Further information can be found here.

ISSUE : February 2010

List of Prior Informed Consent Procedure (PIC) chemicals amended

The list of dangerous chemicals whose international trade is monitored and controlled under EU Regulation (EC) No. 689/2008 concerning the export and import of dangerous chemicals, , has been amended. This is enforced by the HSE under Export and Import of Dangerous Chemicals Regulations 2008. EU Regulation (EU) No. 15/2010 makes changes to the list of chemicals subject to export notification procedure, adding nine chemicals and removing one, and the list of chemicals qualifying for PIC notification, adding ten chemicals and removing four.

The full text of the 2010 EU Regulations can be found here.

The full text of the 2008 EU Regulations can be found here.

Further information on PIC can be found here.

ISSUE : February 2010

Clarification of the Appeals Procedure for Asbestos in Northern Ireland

The rules behind the appeals procedure in relation to the licensing of work with asbestos have been clarified by The Control of Asbestos (Amendment) Regulations (Northern Ireland) 2009. The Regulations, which amend the Control of Asbestos Regulations (Northern Ireland) 2007, make provision for representations by a person aggrieved before either the variation or revocation of a licence to work with asbestos. They also make provision for an appeal mechanism against any decision to vary or revoke a licence.

The full text of the Regulations can be found here.

ISSUE : January 2010

HSE Consultation on Amendments to the Pipeline Safety Regulations

The Health and Safety Executive has issued a consultation seeking views on the proposed amendments to the Pipeline Safety Regulations (PSR), which provides for the management of pipeline safety in Great Britain and UK territorial waters and continental shelf. The proposals include, amongst others, the classification of gasoline and carbon dioxide as dangerous fluids under PSR.

It also and outlines the amendments HSE intends to make to the Health and Safety (Fees) Regulations in order to allow it to recover its costs for functions in relation to its notification work under the PSR and its enforcement functions in connection with onshore and offshore major accident hazard pipelines (MAHPs).

The consultation will end on 5 March 2010.

Further information can be found here.

ISSUE : January 2010

The Health and Safety at Work Order (Application to Environmentally Hazardous Substances)

The Regulations, which are technical in nature, amend the Health and Safety at Work Order (Application to Environmentally Hazardous Substances) Regulations (Northern Ireland) 2003. The 2003 Regulations extend the reference to dangerous substances in Article 3(1)(c) of the Health and Safety at Work (Northern Ireland) Order 1978.

The purpose of the 2003 Regulations is to enable Regulations to be made under Article 17 of the 1978 Order to implement the Directives referred to in regulation 2(1) of the 2003 Regulations.

Although the Regulations do not in themselves implement European Directives they amend regulation 2(1) of the 2003 Regulations to add a reference to Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods so that Regulations can be made under Article 17 of the 1978 Order to implement this Directive. It is proposed that the provisions of Directive 2008/68/EC will be transposed by Regulations to be called the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2009 (“the Carriage Regulations”). It is expected that the Carriage Regulations will be made later this year.

This amendment applies to Northern Ireland.

The full text of the Regulations can be accessed from:
http://www.opsi.gov.uk/sr/sr2009/nisr_20090296_en_1

Further information is available from:
http://www.opsi.gov.uk/sr/sr2009/em/nisrem_20090296_en.pdf

ISSUE : September 2009

Consultation on HSE proposals for amendments to the Biocidal Products Regulations 2001

This consultation seeks comments on proposed amendments to the Biocidal Products Regulations 2001. The amendments will allow biocidal products containing active substances that were on the market in the EU on 14 May 2000 (and are being supported for review), to remain on the market for a further four years beyond 14 May 2010 (the current cut-off date for such products) while the European

Commission completes its ongoing reviews of the active substances in those products. The European Commission has published a Directive amending the Biocidal Products Directive 98/8/EC. This extends the transitional deadline from 14 May 2010 to 14 May 2014 that allows biocidal products containing existing active substances to remain on the market under existing national legislation while the Commission completes its review of such existing active substances. Existing active substances are active substances of biocidal products that were on the market when the Biocides Directive came into force on 14 May 2000. The review will consider whether existing active substances are sufficiently safe and effective to be included on Annex I of the Biocides Directive.

Biocidal products can only be authorised for placing on the market where the active substance(s) contained in them are listed in Annex I. The Biocides Directive is implemented in Great Britain by the Biocides Regulations. The proposed Regulations will amend the Biocides Regulations in line with the changes to the Directive. At the same time, they will make some other changes necessary to ensure the smooth operation of the biocides regime in Great Britain.

The key changes proposed are:

• Extending the transitional end date from 14 May 2010 to 14 May 2014 so that biocidal
• products containing existing active substances can remain on the market in Great Britain while
• the European commission completes its review of those active substances
• Extending the relevant data protection periods by the same dates for information submitted for
• the purposes of the Biocides Directive
• Updating certain references in the Biocides Regulations
• Adjusting the Biocides Regulations in the light of operational experience

Responses should be sent by 23 November 2009.

The consultation document can be accessed from:
http://consultations.hse.gov.uk/inovem/gf2.ti/f/10178/278373.1/pdf/-/letter.pdf

Further information is available from:
http://www.hse.gov.uk/consult/condocs/biocidesletter.htm?ebul=biocides/set-09&cr=2

ISSUE : September 2009

New Biocidal Products Directive (BPD) Annex I inclusion decisions

The EU Commission has published BPD Annex I Inclusion Directives for the following active

substances:

• Alphachloralose (PT14)
• Aluminium phosphide (PT14)
• Boric Acid (PT8)
• Boric Oxide (PT8)
• Bromadiolone (PT14)
• Chlorophacinone (PT14)
• Coumatetralyl (PT14)
• Disodium Octaborate Tetrahydrate (PT8)
• Disodium Tetraborate (PT8)
• Fenpropimorph (PT8)
• Indoxacarb (PT18)
• Nitrogen (PT18)
• Sulfuryl Fluoride (PT18)
• Thiacloprid (PT8)

Further information is available from:
http://www.hse.gov.uk/biocides/liveissues/authorisation.htm?ebul=biocides/aug-09&cr=2

Links to the BPD Annex I Inclusion Directives can be found on the EU Commissions website at:
http://ec.europa.eu/environment/biocides/annexi_and_ia.htm?ebul=biocides/aug-09&cr=4

ISSUE : September 2009

Consultation on legislation to transpose the directive on the identification and traceability of explosives for civil uses

This joint consultation by HSE and the Northern Ireland Office (NIO) concerns the proposed legislation transposing the European Commission Directive 2008/43/EC on the Identification and Traceability of Explosives for Civil Uses. This consultation includes Northern Ireland and the NIO intends using this consultation for drafting equivalent Northern Ireland Regulations and will not undertake a separate formal consultation.

The proposed Regulations require that explosives for civil uses manufactured or imported into the European Community are uniquely identified and can be traced from the production site through to their final use. This is with a view to preventing misuse and theft, and assisting authorities in tracing the origin of lost or stolen explosives.

The main duties are:

• Product identification - explosives manufactured in, or imported into a member state after 5
• April 2012 are uniquely marked with an alphanumerical code and barcode;
• Record keeping - all undertakings involved in the manufacture, import, transfer or use of the
• explosives:
  record their involvement in the movement of the explosives and keep these records for 10 years; and
• provide the responsible authorities with contact details so that information in their records can
• be accessed at any time

The consultation closes on 2 November 2009.

The consultation documents can be accessed from:
http://consultations.hse.gov.uk/inovem/gf2.ti/f/10306/278565.1/pdf/-/cd225.pdf

Further information is available from:
http://www.hse.gov.uk/consult/condocs/cd225.htm?ebul=consult/sep09&cr=01

ISSUE : September 2009

LPG consultation

Public Inquiry held by Lord Gill into the explosion at ICL Plastics in 2004.

This consultation is the first part of the HSE response to the Inquiry report and will enable interested parties and stakeholders to provide their initial views on the principles within the recommendations.

The Inquiry report proposes a new safety regime for the use of LPG in industrial and commercial premises, though some of the recommendations would apply more widely.

HSE is therefore seeking the views from the suppliers and users of LPG and from stakeholders in the health and safety system.

The consultation closes on 19 November 2009.

The consultation documents can be accessed from:
http://consultations.hse.gov.uk/inovem/gf2.ti/f/10274/278629.1/pdf/-/cd224.pdf

Further information is available from:
http://www.hse.gov.uk/lpgconsultation/index.htm?ebul=hsegen/01-sep-2009&cr=3

ISSUE : September 2009

Ladder Exchange Initiative 2009

During 2007/8 58 workers died and an additional 3623 suffered a serious injury as a result of a fall from height. Ladders remain the most common agent involved - accounting for approximately a third of all reported falls form height incidents.

HSE launched Ladder Exchange Initiative 2009 on 1 September 2009. It will run until December 2009.

Ladder Exchange is designed to help prevent ladder accidents by encouraging businesses to remove 'dodgy' ladders from the workplace. It also provides dutyholders with an opportunity to review pre-use checks, training, supervision and other arrangements for ladder work.

The initiative is simple; if you have a ladder which is bent, broken or battered you can part exchange it for a new one at one of HSE partner outlets who are offering discounts at competitive rates.

Further information is available from:
http://www.hse.gov.uk/falls/ladderexchange.htm?ebul=cons/aug09&cr=2

ISSUE : September 2009

Warehousing chemicals safely - Updated guide

This fourth edition of Chemical warehousing is aimed at anyone who has responsibility for the storage of dangerous substances, regardless of the size of storage facility.

It sets out control measures aimed at eliminating or reducing risks to people – at work or otherwise – from the storage of packaged dangerous goods. It reflects good practice for the design of new storage facilities (and where reasonably practicable, to existing sites) and applies to transit or distribution warehouses, open-air storage compounds, and facilities associated with a chemical production site or end user.

The guidance has been updated in light of changes to legislation and new sections have been added, to reflect changes to industry practice and what chemicals warehouses store, covering: aerosols; intermediate bulk containers (IBCs); storage of hazardous wastes; information, instruction and training; audit and review; and process safety performance indicators.

Free download available from:
http://www.hse.gov.uk/pubns/priced/hsg71.pdf

ISSUE : September 2009

The Health and Safety Information (Amendment) Regulations 2009

The 1989 Regulations require employers to provide health and safety information, including the contact details for the local health and safety enforcing authority office and Employment Medical Advisory Service (EMAS) office, to their employees by displaying in the workplace the approved poster or giving each employee the approved leaflet.  The amendments will allow HSE to approve and publish new posters and leaflets which do not require the addition or updating of enforcing authority and EMAS contact information by businesses displaying them.This instrument applies to Great Britain. The text of the Regulations can be accessed from: http://www.opsi.gov.uk/si/si2009/uksi_20090606_en_1

Further information is available from: http://www.hse.gov.uk/business/law.htm

Source: http://www.hse.gov.uk/ (accessed 31/03/09)

ISSUE : April 2009

Public Health etc. (Scotland) Act 2008 (Commencement No. 1)

This Order applies to Scotland only, and brings into force various provisions of the Public Health etc. (Scotland) Act 2008, on 26 January 2009 and 1 April 2009.

The full text of the Order can be found at:  http://www.opsi.gov.uk/legislation/scotland/ssi2009/ssi_20090009_en_1

Source: www.opsi.gov.uk (accessed 03/02/2009)

ISSUE : February 2009

Consultation on Control of Artificial Optical Radiation at Work Regulations

The Health and Safety Executive has issued a consultation on the proposed Control of Artificial Optical Radiation at Work Regulations, currently due to come into force on 27 April 2010. The Regulations will bring the European Physical Agents (Artificial Optical Radiation) Directive into law in Great Britain and will ensure that employers using hazardous sources of light review their approach to take proper account of the risks.

The consultation will close on 5 February 2010.

Further information may be found here.

ISSUE : December 2009

Removal of the 'docks form' consultation

The Health and Safety Executive has issued a consultation on proposals to remove the requirement of the Docks Regulations 1988 to certify certain vessels used for transporting persons by water - commonly known as the docks form - which the public body now regards as unnecessary due to other, more relevant, legislation and guidance now being available.

The consultation will close on 15 January.

Further information can be found here.

ISSUE : November 2009

A new training regime for first-aiders in the workplace

From 1 October new changes to the first aid training regime are being introduced to give businesses and organisations greater flexibility. While legislation remains the same, there are changes to the supporting guidance.

Under new regime, an employer can send prospective first-aiders on a course in either FAW or emergency first aid at work (EFAW). The employer should use the findings of their first-aid needs assessment to ensure the type of training course chosen is appropriate for the circumstances of the workplace

Any prospective first-aiders will need to successfully complete a three day FAW and one day EFAW delivered by an HSE approved training organisation.

Towards the end of the three-year certification period, first-aiders need to undertake an FAW requalification course or EFAW course, as appropriate, to obtain another three-year certificate. Within any certification period, HSE recommends that first-aiders undertake annual refresher training.  Although not mandatory, this will help qualified first-aiders maintain their basic skills and keep up to date with any changes to first-aid procedures.

Further information can be found here.

ISSUE : October 2009

The Public Health etc. (Scotland) Act 2008 (Commencement No. 2, Savings and Consequential Provisions) Order 2009

Commencement of provisions of the Public Health etc. (Scotland) Act 2008 and consequential amendments and repeals of other general acts

The full text of the Order can be accessed from here.

ISSUE : October 2009

Biocidal Products Directive - Derogation for foodstuff based repellents and attractants

EU Commission proposed to take away some foodstuffs (e.g. foodstuffs such as jam used as attractants in wasp traps) from the requirements of the review programme with the aim to eventually amend the Directive itself to take such products out of scope.

Companies wishing to market products in the UK for use as repellents or attractants using foodstuffs or other food grade materials such as flavourings, will need to submit details to the UK Competent Authority of the biocidal product for assessment before marketing the product. This should include specific information on the food material itself: for example if the material is an obvious food such as peanut butter or jam for use in a trap details of the product being used, and how it will be used.

Products accepted under the derogation will not require authorisation under the Directive at the current time, and the Commission proposes to remove them from scope completely at the major revision of the Directive itself.

Further information can be found here.

ISSUE : October 2009

Asbestos Awareness Training

Essential knowledge for all who might come into contact with asbestos. 

This course is particularly relevant to maintenance personnel and supervisors

Course Content

• Asbestos Law
• Sources of Asbestos and Types
• Properties of Asbestos
• Use of Asbestos in Buildings
• Why it is Dangerous
• Respiratory System Defence
• Asbestos Related Diseases
• Duties and Responsibilities
• Types of Survey
• Management Plan
• Accidental Disturbance of Asbestos
• Work not requiring a License
• Validation Questionnaire   

Presenter:

Paul Newstead is a qualified (P402) asbestos surveyor and has extensive experience of delivering skills training to practical people Materials: Course handouts will be in the form of sheets supplied by the HSE. 

Duration:

This half-day seminar covers the essential information. An extension to one day allows inclusion of practical demonstration of use of PPE (overall) and decontamination procedure in addition to a more thorough period for discussion of questions and answers. 

Numbers: 

A maximum of twelve delegates is recommended for this course

All delegates receive a certificate verifying attendance and completion of the

ISSUE : May 2008

Reminder - Corporate Manslaughter and Corporate Homicide Act 2007 to be brought into force

The Corporate Manslaughter and Corporate Homicide Act 2007 (Commencement No.1) Order 2008 has been made (14th February 2008) and brings into force from 6th April 2008 the Corporate Manslaughter and Corporate Homicide Act 2007 (with the exceptions of section 2(1) (d) (duty owed to a person in custody etc. to be a relevant duty of care) and section 10 (power to order conviction etc. to be publicised). Under The Act, companies and organisations can be found liable for a work-related death if actions at a senior level amount to gross breach of a duty of care to the deceased following a systemic failure to manage safety within the business. This new offence is to be known as corporate manslaughter in England and Wales and Northern Ireland, and corporate homicide in Scotland. Courts will look at management systems and practices across the organisation in a new test to provide a more effective means for prosecuting the worst corporate failures in health and safety management. The full text of the 2008 Order can be accessed from: http://www.opsi.gov.uk/si/si2008/uksi_20080401_en_1

The full text of the 2007 Act can be accessed from: http://www.opsi.gov.uk/acts/acts2007/ukpga_20070019_en_1

Source: www.opsi.gov.uk (accessed 03/04/08)

See our new training courses for corporate manslaughter http://www.jpd.co.uk/intouch/2008/05/14/new-course-corporate-manslaughter-the-new-act-and-the-practical-implications-for-strategic-safety-management/

ISSUE : April 2008

A consultation invitation from the HSE Board

• the need for strong leadership;
• building competence;
• involving the workforce;
• creating healthier, safer workplaces;
• customising support for SMEs;
• avoiding catastrophe;and
• taking a wider perspective.

The strategy also identifies a goal for HSE and Local Authorities in an area of work unique to them - investigation and securing justice. The consultation ends on 2 March 2009.

The Consultation document can be accessed from: http://www.hse.gov.uk/strategy/strategyweb.pdf

Source: http://www.hse.co.uk/  (accessed 04/12/08)

ISSUE : December 2008

Consultation on storage of dangerous liquids for COMAH sites

A consultation on a new policy to improve the bulk storage of dangerous liquids has been released by the Competent Authority (CA). The policy applies to oil and fuel storage installations across Britain covered by the Control of Major Accident Hazards (COMAH) regulations. The CA is comprised of the Environment Agency (EA), the Health and Safety Executive (HSE) and the Scottish Environment Protection Agency (SEPA), and is responsible for oil and fuel storage installations across Britain that fall under Control of Major Accident Hazards (COMAH) regulations. The proposed policy sets out ways to improve protection of people and the environment, both on and off-site, and applies to sites that store and use large quantities of petrol and other fuels. It is believed this has been triggered by the Buncefield incident. This proposed containment policy will clarify and strengthen the requirements for primary containment, such as alarms and emergency shut down systems, to prevent spillages from storage tanks. It also requires improvements to secondary and tertiary containment systems, such as bunds around tanks, to reduce the consequences of any spills that do occur. The upgraded standards will apply immediately to any new sites, so they comply with best practice. It is acknowledged that the upgrading of existing establishments is disruptive and that costs to the industry are likely to be substantial. In some cases it has been estimated that it may take up to 10 to 20 years for existing sites to upgrade to comply with the policy. The draft policy proposes to apply new standards according to risk, and will be implemented on the basis of the hazards of the substances present, taking account of the situation, community and environment where the installations are located. The highest standards will be expected where the risks to people and environment are greatest. This policy is a response to several of the recommendations made by the Buncefield Major Incident Investigation Board in their Design and Operations report, published in March 2007, and the CA Report on the Findings of the Oil/Fuel Depot Safety and Environmental Reviews. The consultation document and the regulatory impact assessment can be downloaded from http://www.environment-agency.gov.uk/yourenv/consultations/1696211/?lang=_e Responses are due by 19 September 2007.

The policy should be finalised and released by December 2007. Source www.environment-agency.gov.uk (accessed 01/08/07)

ISSUE : September 2007

OHSAS 18001 to be published as a Standard

OHSAS18001 1999 is to be re-issued as a British Standard, BS OHSAS 18001 2007, due for publication on 2nd July 2007. Following the issue of Working Draft 2 in December 2006, several changes have been introduced, including:

- Change from ‘Specification’ to 'Standard’

 - More closely aligned with ISO 9001:2000 and ISO 14001:2004

- 'Personnel’ replaced with ‘persons working for or on behalf of the organisation’

 - Greater emphasis on 'health’

Clauses have been revised to include:

- New requirement that all personnel working for or on behalf of the organisation take responsibility for aspects of OH&S over which they have control (Clause 4.4.1).

- More detailed requirements relating to the identification, provision and evaluation of training (Clause 4.4.2)

- A new requirement for participation and consultation (Clause 4.4.3)

- New clause requiring the organisation to 'establish, implement and maintain a procedure for periodically evaluating compliance with applicable legal and other requirements (Clause 4.5.2)

 - Greater detail on the requirements regarding the inputs to Management Reviews (Clause 4.6) It is expected that organisations already registered to the OHSAS 18001 1999 specification will be upgraded to BS OHSAS 18001:2007 in a 24 transition period, ending 1st July 2009.

Source: www.bsi-uk.com (accessed 08/06/07)

For further information on any of our Health and Safety courses please contact our friendly team on 01565 724200 or visit our website www.jpd.co.uk for further details.

ISSUE : July 2007

REACH Regulation now in force

The new European law on chemicals, REACH (Registration, Evaluation, Authorisation and Restriction of Chemicals), entered into force on 1 June 2007. This has been established through EC Regulation (No 1907/2006) concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) establishing a European Chemicals Agency with EC Directive 2006/121/EC. The European Chemicals Agency in Helsinki, which is conducting the screening process, became operational on that date and will begin accepting the first registrations one year later. It will take at least three to four years before the first substances are registered or, if they are considered too dangerous, replaced by less toxic substances. The aim of REACH is to improve the protection of human health and the environment through the better and earlier identification of the properties of chemical substances. The REACH Regulation gives greater responsibility to industry to manage the risks from chemicals and to provide safety information on the substances. Manufacturers and importers will be required to gather information on the properties of their substances, which will help them to manage them safely, and to register the information in a central database. The European Chemicals Agency will act as the central point in the REACH system: it will run the databases necessary to operate the system, co-ordinate the in-depth evaluation of suspicious chemicals and run a public database in which consumers and professionals can find hazard information. The Regulation also calls for the progressive substitution of the most dangerous chemicals when suitable alternatives have been identified.

Further information relating to the REACH Regulation is available from http://ec.europa.eu/echa/home_en.html

Source:http://ec.europa.eu/environment/chemicals/reach/reach_intro.htm (accessed 09/07/07)

ISSUE : July 2007

Amendment to Work at Height Regulations

The Work at Height (Amendment) Regulations 2007 (SI 2007 No.114) were laid before Parliament on 26th January and enter into force on 6th April 2007. The amendment inserts a new paragraph (14A) concerning the provision of instruction or leadership to one or more persons in connection with their engagement in caving or climbing by way of sport, recreation, team building or similar activities. "Caving" includes the exploration of parts of mines which are no longer worked; "climbing" means climbing, traversing, abseiling or scrambling over natural terrain or man-made structures Where this paragraph applies, an employer, self-employed person or other person shall be taken to have complied with the caving and climbing requirements? (detailed in regulation 8(d)(ii) of the Work at Height Regulations), if he maintains a level of safety equivalent to that required by those requirements.

The full text of the amendment is available from the OPSI website at: http://www.opsi.gov.uk/si/si2007/20070114.htm. Source: www.opsi.gov.uk (accessed 05/02/07)

Click here for more details of JPD's training course on this subject or call 0870 438 2573

ISSUE : February 2007

Smoking Ban for England due in July

Smoking in enclosed public places will be banned in England from 1 July 2007, the government has announced. The ban covers virtually all enclosed public places including offices, factories, pubs and bars, but not outdoors or in private homes. It follows similar bans in the Irish Republic and Scotland - a ban in Wales starts on 2 April 2007. The government predicts about 600,000 people will give up smoking as a result of the law change.

For further information, visit: http://www.smokefreeengland.co.uk/ Source: www.dh.gov.uk (accessed 05/02/07)

ISSUE : February 2007

HSC consultation on a new chemical classification and labelling regulation

The Health and Safety Commission (HSC) has launched a 12 week consultation on the proposed European Regulation on the classification, labelling and packaging of chemicals, based on the United Nation’s Globally Harmonised System (GHS). The Regulation, which is currently being negotiated by European Union Member States, will eventually replace the existing classification and labelling system that many chemical suppliers will know through the Chemicals (Hazard Information and Packaging for Supply) Regulations - known as CHIP. The consultation invites stakeholders to review the proposed Regulation and respond to the HSC with any comments, which will be taken into consideration once detailed negotiations with European Member States begin in mid-September. The European Commission formally launched the proposed Regulation on 27 June 2007. The Regulation is a major step forward in achieving a global system for identifying the hazards in chemicals and advising users of those hazards through labels. Although many of the duties to classify, label and package hazardous chemicals correctly will remain the same, the Regulation will also introduce: - Some new scientific criteria to classify hazards; - Some new hazard pictograms or symbols; - New hazard and precautionary statements for the labels which will alert users to the dangers present.

Details of the Consultative Document can be found at: http://www.hse.gov.uk/consult/condocs/cd213.htm Source: www.hse.gov.uk (accessed 03/09/07)

ISSUE : October 2007

Consultation on merging HSC and HSE

The Health and Safety Commission (HSC) has published a public consultation document seeking views on merging the HSC and the Health and Safety Executive (HSE) into a single health and safety authority. The merger will provide: - a more accountable structure in line with current best practice; - better decision making and a clearer public and regulatory presence; - continued independence of the safety regulator; - a balanced structure at arm’s length from Ministers; and - membership for representatives from employer and employee backgrounds, with a seat for local government and a member designated to maintain links with the devolved authorities.

The consultation can be downloaded from www.hse.gov.uk/consult/live.htm Comments on the consultation should be sent to the HSE by 5th March 2007. Source: www.hse.gov.uk (accessed 02/01/07)

ISSUE : January 2007

Further Controls on Dangerous Substances and Preparations

In addition to the Dangerous Substances and Preparations (Safety) Regulations (SI 2006 No. 2916) reported on in the December issue of In Touch, the Controls on Dangerous Substances and Preparations Regulations 2006, SI 3311 were laid before Parliament on 15th December 2006 and entered into force on 7th January 2007. These Regulations give effect to restrictions on the marketing and use of certain of the dangerous substances and preparations set out in Council Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations (OJ L262, 27.9.1976, p.201), as amended. Regulation 3 restricts the marketing and use of dangerous substances and preparations, subject to various exemptions in regulations 4 to 7. This will be enforced by the Environment Agency in England and Wales, the Scottish Environmental Protection Agency in Scotland, and the Department of the Environment in Northern Ireland. Schedule 1 sets out a list of substances and preparations restricted under these Regulations. No person shall place on the market or use any of the dangerous substances and preparations listed in Schedule 1 except in accordance with the restrictions set out in column 4 of that Schedule. The new Regulations revoke a number of statutory instruments, including The Environmental Protection (Controls on Injurious Substances) Regulations 1992, The Environmental Protection (Controls on Dangerous Substances) Regulations 2003, and the Marketing and Use of Dangerous Substances Regulations (Northern Ireland) 2003.

The full text of the Regulations is available from: http://www.opsi.gov.uk/si/si2006/20063311.htm Source: www.opsi.gov.uk (accessed 02/01/07)

ISSUE : January 2007

Proposals for new Workplace Exposure Limits

The Health and Safety Commission (HSC) has published a Consultation Document inviting comments on proposals to introduce new and revised Workplace Exposure Limits (WELs). WELs are concentrations of hazardous substances in the air, approved by the HSC. Employers have a responsibility to ensure that these limits are not exceeded in order to protect the health of workers. The HSC’s proposals are significant in the implementation of the 2nd Directive on Indicative Occupational Exposure Limit Values (IOELVs) (2006/15/EC), adopted in February by the European Commission. The directive lists 33 substances with exposure limits, for which Member States must introduce a domestic occupational exposure limit by September 2007. For many of the 33 substances, a comparable Workplace Exposure Limit already exists in Great Britain and has been published by the Health and Safety Executive (HSE). The Consultation document proposes to introduce WELs for 7 substances where one does not currently exist and reduce the limit of the WELs for13 substances. It is proposed that the new and revised WELs will be introduced on 6 April 2007.

Further details of the proposed changes can be found in the Consultative Document, available from the HSE website at: http://www.hse.gov.uk/consult/condocs/cd208.pdf The consultation period will last for 12 weeks. Source: www.hse.gov.uk (accessed 01/09/06)

ISSUE : September 2006

Work at Height Amendment Regulations consultation

The Health and Safety Commission (HSC) has launched a consultation on a proposal to amend the current Work at Height Regulations 2005 (WAHR), to include those who are paid to lead or train climbing and caving activities in the adventure activity sector. The proposed amendments apply only to people working in the sector and do not affect sport or leisure climbing or caving. The Health and Safety Executive (HSE) has worked closely with the adventure activity sector to produce sector specific guidance to assist those affected by the proposed changes. The guidance and draft regulation amendments are contained in the consultation document, Proposal for Work at Height (Amendment) Regulations? (CD204), which can be downloaded from www.hse.gov.uk/consult/condocs/cd204.htm .

Comments on the consultation should be sent to the HSE before 31st October 2006. Source: www.hse.gov.uk (accessed 01/09/06)

ISSUE : September 2006

Revised Asbestos Regulations Approved

On 27th July, the Health and Safety Commission (HSC) recommended approval of revised asbestos regulations. The draft Control of Asbestos Regulations have been the subject of extensive consultation and will strengthen overall worker protection by reducing exposure limits and introducing detailed mandatory training for work with asbestos. They will also simplify the regulatory regime and implement revisions to the EU Asbestos Worker Protection Directive. The Regulations will implement the 2003/18/EC amendment to the Asbestos Worker Protection Directive 83/477/EEC in Great Britain. They will also repeal and replace with a single set of regulations The Control of Asbestos at Work Regulations 2002, The Asbestos (Licensing) Regulations 1983, as amended and The Asbestos (Prohibitions) Regulations 1992 (Prohibitions Regulations), as amended. The new Regulations introduce a lower single control limit of 0.1 fibres per cm3 of air for work with all types of asbestos and replace three existing sets of Regulations. They also include practical guidelines for the determination of sporadic and low intensity exposure?, as required by the EU Directive. The Commission also approved two Approved Codes of Practice which provide guidance on compliance with the Regulations. Under the new Regulations, work with textured decorative coatings containing asbestos (TCs) will be removed from the licensing regime as research shows that the levels of exposure to asbestos fibres from such work are low.

The Commission had previously considered new research on TCs and, at its meeting on 4 July 2006, evidence of the relative risks of exposure from different asbestos materials. Source: www.hse.gov.uk (accessed 04/08/06)

ISSUE : August 2006

Revised Guidance to Simplify Risk Assessments

The Health and Safety Executive (HSE) has issued a revised risk assessment guide to help employers to spend more time on putting practical actions into effect. Launching the guidance, HSE’s Deputy Chief Executive, Jonathan Rees, said: We want to save lives, not tie businesses up in red tape - good risk assessment is the way to achieve this. Risk assessment is at the heart of sensible health and safety. We believe it should be a practical way of protecting people from real harm and suffering, not a bureaucratic back-covering exercise. On its own paperwork never saved a life, it needs to be a means to an end, resulting in actions that protect people in practice.? The guidance Five Steps to Risk Assessment, which was first published in 1993, has been revised and simplified to make it even easier for normal business people, not just health and safety experts, to use. It also places greater emphasis on making sure that decisions are actually put into practice.

The 11-page booklet is available free online at: http://www.hse.gov.uk/risk/index.htm , and provides advice and tips on five key elements to an effective risk assessment: identifying the hazards; deciding who might be harmed and how; evaluating the risks and deciding on precautions; recording findings and implementing them; and finally ensuring they are reviewed at regular intervals.

Source: www.hse.gov.uk (accessed 04/08/06) For more details of JPD's Risk Assessment course, or other training services, visit our website http://www.jpd.co.uk/courses/ra.htm or call our team on 01565 724200

ISSUE : August 2006

HSE Consults on New Safety Route Map for Workplace Transport

The Health and Safety Executive (HSE) is holding a series of events to debate the content of a proposed new route map? for workplace transport. The map, an on-line tool, is aimed at helping employers and workers manage workplace transport risk by providing a framework of current law with links to existing guidance, whilst filling any gaps with new guidance. Several sets of regulations govern workplace transport and there are many guidance documents, some generic, others for specific industry sectors. The route map will aim to provide a clear path for all employers to follow best practice and meet their legal responsibilities, including setting out alternative ways to comply where these exist. It will focus specifically on site layout and design, vehicle selection and maintenance, personnel matters and management responsibilities.

The events, to be held in early July at Cardiff, Birmingham and Edinburgh, will be an opportunity to comment on the proposals and help shape the development of the route map. A public consultation exercise on the proposals also runs until 22 September and is available to view and comment on, on-line at: www.hse.gov.uk/consult/condocs/routemap.htm

Source: www.hse.gov.uk (accessed 04/07/06)

ISSUE : July 2006

RoHS Regulations now in force

The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment (RoHS) Regulations 2005 came into effect on 1st July 2006. The regulations restrict 'producers' from supplying household appliances, electrical and electronic tools, IT and telecommunications equipment, and other consumer equipment to the market place if they contain higher levels of cadmium, hexavalent chromium, polybrominated biphenyls (PBBs), polybrominated diphenyl ethers (PBDEs), lead or mercury than is permitted. The full text of the regulations is available on the OPSI website at: http://www.opsi.gov.uk/si/si2005/20052748.htm. Further information is also available via the Environment Agency’s NetRegs website: http://www.netregs.gov.uk/netregs/legislation/380525/477158/?lang=_e

Source: www.netregs.gov.uk (accessed 04/07/06) To learn more about JPD's wide variety of Health & Safety training visit our new website http://www.jpd.co.uk/courses/healthsafety.htm or call our advisors on 01565 724200.

ISSUE : July 2006

New guidance on working with dangerous pathogens

The Advisory Committee on Dangerous Pathogens (ACDP) today published new health and safety guidance on how to control the risks posed from infections at work. Biological agents: The principles, design and operation of containment level 4 facilities is aimed at those responsible for working with the highest hazard pathogens. It is based on the principles contained in the Control of Substances Hazardous to Health Regulations (COSHH) 2002. These regulations place a duty on employers to identify the hazards in the workplace, assess the risk posed and put control measures in place to control these risks. The guidance, which has been developed in partnership with experts from ACDP, the biotechnology industry, HSE and other Government Departments, is intended for all laboratories in which high hazard human pathogens may be handled; prevention of exposure and potential infection from these highly pathogenic organisms is important for both workers health and safety and public health.

Biological agents: The principles, design and operation of containment level 4 facilities is aimed at those responsible for working with the highest hazard pathogens and completes a suit of laboratory guidance, complementing the previous publication covering laboratory containment levels 2 & 3. The guidance is available from the HSE website at www.hse.gov.uk/pubns/web09.pdf.

Source: www.hse.gov.uk (accessed 05/06/06)

ISSUE : June 2006

Are you up to date with current legislation?

Health & Safety and Environmental legislation is constantly changing which means it is essential that your business keeps up to date. However finding all the relevant information from the various sources takes precious time and energy - so why not let JPD do it for you. Our monthly In Touch bulletin takes away the strain, by providing you with all the latest changes you can relax and trust In Touch to keep you informed.

For a free and convenient way to keep up to date sign up for our In Touch bulletin - just send your contact details to intouch@jpd.co.uk

ISSUE : June 2006

Noise at Work Regulations 2005 now in force

The Control of Noise at Work Regulations 2005 (SI No.1643) came into force for all industry sectors in Great Britain on 6th April 2006 (except for the music and entertainment sectors - see below). These Regulations aim to ensure that workers' hearing is protected from excessive noise at their place of work, which could cause them to lose their hearing and/or to suffer from tinnitus. The Control of Noise at Work Regulations 2005 replace the Noise at Work Regulations 1989 and require employers to: Assess the risks to their employees from noise at work Take action to reduce the noise exposure that produces those risks Provide their employees with hearing protection if they cannot reduce the noise exposure enough through other methods (making hearing protection available on request at 80 dB and ensuring it is worn at 85 dB) Make sure the legal limits on noise exposure (87 dB daily or weekly exposure or peak sound pressure of 140 dB taking account of hearing protection) are not exceeded Provide employees with information, instruction and training Carry out health surveillance where there is a risk to health

The main changes in the Regulations are to lower exposure action levels. As of 6 April these were lowered by 5 dB in comparison to the 1989 Regulations. The level at which employers must provide hearing protection and hearing protection zones is now 85 decibels (daily or weekly average exposure) and the level at which employers must assess the risk to workers' health and provide them with information and training is now 80 decibels. There is also an exposure limit value of 87 decibels, taking account of any reduction in exposure provided by hearing protection, above which workers must not be exposed. Employers in the music and entertainment sectors have a further two years transitional period, as the new Regulations do not come in to force in these sectors until 6 April 2008. HSE has produced a guide to the Regulations, which can be downloaded from: www.hse.gov.uk/pubns/indg362.pdf.

The full text of the Regulations can be found at: http://www.opsi.gov.uk/si/si2005/20051643.htm. Source: www.hse.gov.uk (accessed 03/05/06) JPD offer Training Services for Health & Safety, for more information visit http://www.jpd.co.uk/courses/healthsafety.htm or contact one of our freindly training advisors on 01565 724200.

ISSUE : May 2006

Amendment to the Management of Health and Safety at Work Regulations

An amendment to the Management of Health and Safety at Work Regulations 1999 came into force on 6th April 2006. The amendment changes the civil liability provisions in the Regulations so as to exclude the right of third parties to take legal action against employees for contraventions of their duties under these Regulations. This extends to employees the same protection against third party action as that provided for employers. The amendment neither creates any new duties, nor does it remove any.

The practical effect will be to reduce the likelihood of claims against employees by third parties. Therefore, it is expected that there will be no additional burdens on businesses. The Management of Health and Safety at Work Regulations 1999 were amended in 2003, to enable employees to claim damages from their employer in a civil action where they suffered injury or illness as a result of the employer being in breach of those Regulations. They were also intended to enable civil claims to be brought against employees for a breach of their duties under those Regulations that resulted in injury or illness.

Employees have duties under those Regulations to use any equipment, dangerous substance etc. in accordance with any training and instruction provided by the employer. Employees are also required to alert their employer of serious and imminent danger in the workplace or any shortcomings in the health and safety arrangements. The full text of the Management of Health and Safety at Work (Amendment) Regulations 2006, SI No.438, available from: http://www.opsi.gov.uk/si/si2006/20060438.htm.

Source: www.hse.gov.uk (accessed 03/05/06) For more details on JPD's wide range of Health & Safety Courses visit http://www.jpd.co.uk/courses/healthsafety.htm or call one of our friendly training advisors on 0870 438 2573

ISSUE : May 2006

Consultation on Improving Worker Involvement in Health and Safety

On 24th April the Health and Safety Executive (HSE) issued a Consultative Document to seek views on how to encourage, improve and increase worker involvement in health and safety risk management. The Consultative Document suggests that there are three pillars to the strategy to increase workers’ participation in managing health and safety: legislation; guidance and encouragement. It sets out the current position and options to strengthen each of the pillars, including possible amendments to the law on consultation with employees. It invites comments on these options and any new ideas that have not been considered.

The consultation is open to 8th September 2006. The Consultative Document Improving worker involvement - Improving health and safety (CD207), the summary document and feedback form can be accessed at www.hse.gov.uk/consult

Source: www.hse.gov.uk (accessed 03/05/06) JPD offer a wide range of Health & Safety training, just visit http://www.jpd.co.uk/courses/healthsafety.htm or call 01565 724200

ISSUE : May 2006

HSC Consults on proposals for amended biocidal products regulations

The Health and Safety Commission (HSC) has published a consultative document seeking comments on proposals for the Biocidal Products (Amendment) Regulations 2006. Biocidal products are used in a variety of industries to control unwanted organisms, such as animals, insects, bacteria, viruses and fungi. They are intended to kill or otherwise exert a controlling effect by chemical or biological means. The proposed regulations will amend the Biocidal Products Regulations 2001 (BPR). These put into place procedures to allow applications to be made for use of an active substance in a biocidal product and for the authorisation for marketing and use of such biocidal products. Further details of the changes can be found in the Consultation Document and the draft regulations at www.hse.gov.uk/consult/live.htm.

The consultation period will last for 12 weeks and closes on 9th June 2006. Source: www.hse.gov.uk (accessed 03/04/06)

ISSUE : April 2006

Guidance for Catering and Hospitality Industry on Preventing back pain

Back pain and manual handling injuries are among the most common occupational ill health problems in the UK. In catering and hospitality industry kitchens there are many tasks that without proper controls can cause back pain or upper limb injuries. In 2004/2005 an estimated 2 million people suffered occupational ill health with back pain and upper limb disorders accounting for around three quarters of this figure. The new guidance is aimed at raising awareness amongst employers and offers practical information on good manual handling techniques and lifting aids that will be useful to any section of the hospitality industry. It also offers specific information for kitchen staff on significant risk areas such as pot washing, dishwashing, preparing food, storage and cleaning. Source: www.hse.gov.uk (accessed 03/04/06) Do your staff need training on Manual Handling techniques?

JPD offers a wide range of training services to suit your needs, visit our website for more details http://www.jpd.co.uk/courses/healthsafety.htm or call one of our friendly training advisors on 01565 724200

ISSUE : April 2006

Limits set for PCBs in food

The EU have set limits on the level of PCBs allowed in food and animal feed for the first time. The limits will run in parallel to existing controls on dioxin levels in foodstuffs. The new legislation looks at the combined total levels of dioxin-like Polychlorinated Biphenyls (PCBs) and dioxins themselves, rather than setting a limit for the PCBs alone. Dioxins in meat, dairy produce and other animal-based foods have been restricted since July 2002. The same wave of legislation also covered animal feed. However, due to lack of sufficient data and scientific information at the time, no levels were set for dioxin-like PCBs. Since 2002 new data on dioxin-like PCBs has become available and the legislation means that from November 2006 any food or feed in which the sum of dioxins and dioxin-like PCBs exceeds these maximum levels will not be allowed to be marketed in the EU.

The reduction of persistent chemicals such as dioxins and dioxin-like PCBs in the food chain is an important part of ensuring the health and safety of EU consumers. A particularly nasty family of chemicals, even at low doses dioxins can provoke a wide spectrum of health problems, including cancer, immune and nervous system disorders, liver damage, sterility and endocrine disruption. Once they enter the food chain they can remain in the environment, causing havoc for years.

Source: www.edie.net (accessed 13/02/06) For further information on JPD with NQA's range of Food Hygiene Courses, please visit our website www.jpd.co.uk or call our training advisors on 0870 438 2573

ISSUE : March 2006

Contaminants in Food Regulations 2005

The Contaminants in Food (England) Regulations 2005 (SI 2005 No. 3251) come into force on 1st January 2006. These regulations which apply to England only revoke and re-enact with changes the Contaminants in Food (England) Regulations 2004, as amended. The Regulations state that, except in certain cases, it is an offence to: Place on the market certain foods if they contain contaminants of any specified kind, at levels exceeding those specified. Use food containing such contaminants at such levels as ingredients in the production of certain foods. Mix foods that do not comply with the maximum levels with foods that do comply. Mix certain foods intended for direct consumption with certain foods intended to be sorted or otherwise treated prior to consumption. Detoxify by chemical treatment food not complying with the limits specified. The Contaminants in Food (England) Regulations 2005 can be accessed at www.opsi.gov.uk Source: www.edie.net (accessed 14/02/06)

 Visit our website www.jpd.co.uk for more information on JPD with NQA's Food Hygiene courses or call 0870 438 2573

ISSUE : March 2006

ISO 14001:2004 Legal Requirements

Did you know that Clause 4.3.2 of ISO 14001:2004 states: "The organisation shall establish, implement and maintain a procedure(s)a) to identify and have access to the applicable legal requirements and other requirements to which the organization subscribes related to its environmental aspects, and b) to determine how these requirements apply to its environmental aspects. The organization shall ensure that these applicable legal requirements and other requirements to which the organization subscribes are taken into account in establishing, implementing and maintaining its environmental management system".

JPD with NQA can help you to comply to this clause with in Touch our free Legislation Update Service. You can either subscribe to in Touch through bloglines (see Subscribe to in Touch) or you can register to receive monthly updates on Environmental and Health & Safety Legislation from in Touch via e-mail. Formore information please contact one of our friendly training advisors on 01565 724200.

 If you would like to receive free monthly updates via email from in Touch please send your full company details (including a contact telephone number) to intouch@jpd.co.uk Need some training on ISO 14001 and its requirements?

Just visit our website http://www.jpd.co.uk/courses/environmental.htm to see our full range of scheduled courses. JPD with NQA also offer a wide range of training services to meet your organisations needs, just call 01565 724200

ISSUE : March 2006

The Health and Safety (Fees) Regulations 2006

The Health and Safety (Fees) Regulations (SI 2006 No.336) were laid before parliament on 16th February and enter into force on 6th April 2006. These Regulations revoke and replace the Health and Safety (Fees) Regulations 2005 (S.I. 2005/676). They consolidate amendments made to those Regulations and also update fees to be charged. They fix or determine the fees payable by an applicant to, in most cases, the Health and Safety Executive, in respect of an application made for: (a) an approval under mines and quarries legislation (regulation 2 and Schedule

1); (b) an approval of plant or equipment under the Agriculture (Tractor Cabs) Regulations 1974 (regulation 3 and Schedule

2); (c) an approval of a scheme or programme under the Freight Containers (Safety Convention) Regulations 1984 (regulation 4 and Schedule

3); (d) a licence under the Asbestos (Licensing) Regulations 1983 and the amendment to, replacement of, and reassessment of an application to grant, such a licence (regulation 5 and Schedule

 4); (e) an approval of dosimetry services for the purposes of the Ionising Radiations Regulations 1999 or the Radiation (Emergency Preparedness and Public Information) Regulations 2001 (regulation 8 and Schedule 7);

5);(f) a licence to manufacture or store explosives or for registration for storing explosives, under the Manufacture and Storage of Explosives Regulations 2005, for an acetylene importation licence under section 40(9) of the Explosives Act 1875, for an approval under certain instruments made under that Act in relation to acetylene, for a licence under the Petroleum (Consolidation) Act 1928, for the transfer of a licence under the Petroleum (Transfer of Licences) Act 1936, for the approval of a classification of an explosive under the Classification and Labelling of Explosives Regulations 1983, or for an explosive certificate under the Control of Explosives regulations 1991 - regulation 9 and Schedule 8; (g) an explosives licence under Part IX of the Dangerous Substances in Harbour Areas Regulations 1987 (regulation 11 and Schedule

9); (h) an approval under the Health and Safety (First-Aid) Regulations 1981 (regulations 19 and 21 and Schedule

15); (i) an approval under the Offshore Installations and Pipeline Works (First-Aid) Regulations 1989 (regulations 20 and 21 and Schedule 16); and in respect of - (j) a notification or application under the Genetically Modified Organisms (Contained Use) Regulations 2000 (regulation 13 and Schedule 10); (k) a notification or application under the Notification of New Substances Regulations 1993 (regulation 14 and Schedule 11).

The Regulations fix fees to be paid in respect of medical examinations and surveillance by an employment medical adviser which are required under certain of the relevant statutory provisions (regulations 6 and 7 and Schedules 5 and 6). The Regulations also fix or determine the fees payable by specified persons in the offshore, rail and gas industries for the performance by the Executive of the functions specified in those provisions (regulations 15 to 18 and Schedules 12 to 14). The fees payable are described in Schedules 1 to 16 of the Regulations, the full text of which can be accessed from: http://www.opsi.gov.uk/si/si2006/20060336.htm.

Source: www.opsi.gov.uk (accessed 14/03/06) For details of JPD 's full range of Health & Safety Training, click on the following link http://www.jpd.co.uk/courses/healthsafety.htm or contact one of our friendly Training Advisors on 01565 724200

ISSUE : March 2006

New Timetable for Construction Design Regulations

On 28th February 2006, the Health and Safety Executive (HSE) announced the revised Construction (Design and Management) (CDM) Regulations would be implemented in Spring 2007. The Regulations will revise and bring together provisions in the existing CDM Regulations 1994 and the Construction (Health Safety and Welfare) (CHSW) Regulations 1996 into a single regulatory package. In response to the three-month consultation exercise the Health and Safety Commission (HSC) has agreed to postpone implementation from 1 October 2006. The new timetable has the support of the Construction Industry Advisory Committee (CONIAC) CDM Review Working group. The new regulations will be supported by an Approved Code of Practice (ACoP) and industry-produced guidance. To give industry time to plan and prepare for the regulatory changes, HSE intends to make a final draft of the ACoP available 3 months in advance of the Regulations coming into force.

Source: www.hse.gov.uk (accessed 14/03/06) JPD offers training services on CDM, if you would like to discuss your requirements with one of our friendly Training Advisors, call 01565 724200

ISSUE : March 2006

HSE and EEF launch ground-breaking partnership

The Health and Safety Executive (HSE) have signed a partnership agreement with EEF, the manufacturers’ organisation, to promote effective health and safety management across manufacturing industries. The agreement, the first of its kind between HSE and other organisations, builds on a strong history of co-operation. It recognises EEF’s expertise in the field of health and safety and the quality advice and services it provides to member companies. The partnership will provide manufacturing companies with an improved network for communication with HSE. This will allow them to receive the latest information and guidance from the regulator, as well as offering opportunities to feedback issues, concerns and examples of good practice. Industry will also benefit from joint seminar and training events covering issues that particularly affect manufacturing. These will feature technical input from HSE’s specialist staff, as well as information on best practice and implementation from EEF’s network of health and safety professionals.

The EEF, the manufacturers' organisation, has a membership of 6,000 manufacturing, engineering and technology-based businesses and represents the interests of manufacturing at all levels. Further information on the organisation can be found at: www.eef.org.uk Part of the HSE’s strategy for workplace health and safety involves developing innovative partnerships in the public and private sectors to develop the provision of occupational health and safety support locally, regionally or by sector according to need. At the core of this support will be the principle of proactive management of health risk. Further information can be found in the document ‘A strategy for workplace health and safety in Great Britain to 2010 and beyond’ at: www.hse.gov.uk/aboutus/hsc/strategy.htm

Source: www.hse.gov.uk (accessed 13/02/06) For information on our wide range of Health & Safety Training services, please visit our website www.jpd.co.uk or contact our Training Advisors on 01565 724200

ISSUE : February 2006

HSE ‘Watch Your Step’ Workplace Inspections

This February, as part of an initiative to reduce the number of slips and trips on construction sites, Health and Safety Executive (HSE) inspectors will be carrying out a nationwide ‘Watch Your Step’ inspection programme. The construction industry reports in excess of 3,000 slip or trip incidents every year, the true figure could be higher. Most slip and trip incidents are caused by corridors and stairways being obstructed with tools, materials and waste. Trip hazards may also be caused by footpaths which are not properly leveled, or cables trailing across pedestrian routes. During a similar inspection initiative in October 2005, HSE inspectors took enforcement action at around 11% of sites they visited in respect of good order issues. During February’s site visits, inspectors will expect to find sites where: deliveries have been planned to minimise the amount of materials being stored on site; contractors have a system in place for managing waste materials; footpaths are safe to use; and walkways/stairways are kept clear of obstructions.

Site managers should discuss good order issues with their workers, encouraging them to report slip or trip hazards. Managers should also have in place systems ensuring that everyone on site complies with the arrangements for the removal of waste. To support the initiative organisations such as UCATT, TGWU, NASC, NCF and CECA will be distributing free good order ‘toolbox talk’ packs to their members. The packs contain a 5 minute DVD Watch your step, a toolbox talk for construction?, a supporting Good Order On Site booklet and a Good Order poster.

A limited supply of the packs are also available free from HSE Books, Tel 01787 881165, or can be downloaded from www.hse.gov.uk/construction/slips/index.htm Source: www.hse.gov.uk (accessed 13/02/06) For more information on JPD with NQA's Health & Safety Training Services, please visit our website http://www.jpd.co.uk/courses/healthsafety.htm or call one of our Training Advisors on 01565 724200.

ISSUE : February 2006

New Dangerous Substances Regulations

ISSUE : December 2006

CDM Regulations Revised for 2007

ISSUE : November 2006

HSE launches REACH helpdesk

ISSUE : November 2006

New CDM Regulations Approved

ISSUE : November 2006

New Control of Asbestos Regulations

ISSUE : November 2006

Safe systems of work for waste and recycling collections

The Health and Safety Commission (HSC) has recently published a guidance document titled, Waste and recycling vehicles in street collection?. This guidance document outlines a set of measures aimed at reducing the number of fatalities involving collection staff and members of the public. Reversing causes a disproportionately large number of moving vehicle incidents in the waste/recycling industry each year. The guidance describes simple measures that can be taken such as safe systems and aids for reversing, including trained assistants to ensure that pedestrians do not enter the reversing zone.

The guidance Waste and recycling vehicles in street collection? can be downloaded from the HSE’s website www.hse.gov.uk/pubns/web14.pdf Source: www.hse.gov.uk (accessed 03/10/06)

ISSUE : October 2006

HSE to take over electricity supply safety regulation

The Health and Safety Executive (HSE) is to become the sole regulator for all safety issues associated with electricity transmission and distribution, following transfer of part of the Department for Trade and Industry (DTI) Engineering Inspectorate. The move will implement a recommendation made in last year’s Hampton report on regulation (see Notes to editors).

Following the transfer, scheduled to take effect in October, HSE will become the thematic regulator dealing with both employee and public safety within this sector. Industry stakeholders have already been consulted and agree that a single regulator for safety matters would be advantageous.

Source: www.hse.gov.uk (accessed 01/09/06)

ISSUE : October 2006

Risk Assessment and Safety Method Statements - New Course

ISSUE : October 2006

HSE guidance on Safe Operation of Vehicle in the Workplace

The Health and Safety Executive have published the updated Workplace Transport Safety: An Employers’ Guide (HSG136). The guidance provides advice on all aspects of workplace transport operations. Although primarily aimed at managers and supervisors, it is equally useful for safety and union representatives, contractors, the self-employed and employees. Workplace transport is the second biggest cause of incidents in the workplace. The guide tackles general workplace transport safety issues and provides an introduction to workplace transport risk management. In particular, it offers information on assessing transport risks relating to site safety, vehicles themselves, and the people working with and around them and implementing a safe system of work. Later chapters offer specific guidance on typical workplace transport operations and common risks.

Throughout, the book provides practical examples of risk control. In addition, the HSE has also published a revised version of Workplace Transport: An Overview INDG199(rev1). This is a free booklet that provides employers with a brief summary of the main issues that should be considered when planning workplace transport operations. Arranged similarly to An Employers’ Guide, the 27-page booklet also includes specific sections about workplace organisation and operations. Copies of Workplace Transport Safety: An Employers’ Guide, ISBN 0 7176 6154 7, price £11.50, are available from HSE Books, PO Box 1999, Sudbury, Suffolk CO10 2WA, tel: 01787-881165 or fax: 01787-313995. The booklet Workplace Transport: An Overview can be downloaded from the HSE website at www.hse.gov.uk/pubns/tranindx.htm.

Further information and guidance on ensuring workplace transport operations are carried out safely can be found on the HSE website at: www.hse.gov.uk/workplacetransport/index.htm Source: www.hse.gov.uk (accessed 05/01/06)

ISSUE : January 2006

Consultation on New Silica Workplace Exposure Limits

The Health and Safety Commission (HSC) has today published a consultative document seeking comments on a proposal for a new Workplace Exposure Limit (WEL) for respirable crystalline silica. Every year nearly 2 million employees are exposed to Crystalline Silica. Crystalline silica is a naturally occurring mineral found in almost all types of rock, sands, clays etc, and in building materials made from these materials such as bricks, tiles and concrete. Long-term exposure to dusts containing respirable crystalline silica can lead to the development of silicosis, a slowly developing irreversible lung disease. Heavy and prolonged exposures under conditions that are sufficient to cause silicosis can also lead to an increased risk of lung cancer. The closing date for comments is 13th March 2006.

The consultation documents can be found at www.hse.gov.uk/consult/live.htm Source: www.hse.gov.uk (accessed 05/01/06)

ISSUE : January 2006

New HSE guidance on Whole Body Vibration

The Health and Safety Executive (HSE) has published further guidance on Whole Body Vibration (WBV). The guide, "Whole Body Vibration: The Control of Vibration at Work Regulations 2005" gives advice to employers of what can be done to reduce and control the risks of WBV under the Control of Vibration Work Act 2005 which came into being earlier this year. The new guidance will be helpful to those who operate off-road machinery and construction vehicles as well as industries where drivers can be exposed to shocks and jolts while travelling over rough ground like, mining and quarrying. Copies of Whole-body Vibration (L141) are available from HSE Books (www.hsebooks.co.uk/Books/).

Source: www.hse.gov.uk (accessed 16/12/05) JPD with NQA offer a variety of Health & Safety courses, for more information visit our website www.jpd.co.uk or call one of our training advisors on 0870 438 2573.

ISSUE : December 2005

Noise at Work Guidance

The HSE has published two new guides relating the control of noise at work. Noise at work: Guidance for employers on the Control of Noise at Work Regulations 2005? and a pocket card? for employees called Protect your hearing or lose it!?. Both documents cover the issues surrounding noise levels at work, including identifying noisy environments, the legal responsibilities of employers, and advice on hearing protection. Both documents are available free of charge from the following websites: http://www.hse.gov.uk/pubns/indg362.pdf and http://www.hse.gov.uk/pubns/indg363.pdf

Source: www.hse.gov.uk (accessed 11/11/05) JPD with NQA offer a variety of Health & Safety courses, for more information visit our website www.jpd.co.uk or call one of our training advisors on 0870 438 2573.

ISSUE : December 2005

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