Archive for June, 2013

Merchant Shipping (Passengers’ Rights) Regulations SI 2013/425

These Regulations came into force on 27 March 2013 and apply to England, Scotland, Wales and Northern Ireland.
They provide for the enforcement of rights and entitlements under Regulation (EU) 1177/2010, which concerns the rights of passengers, particularly those with a disability or reduced mobility, when travelling by sea and inland…

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Construction Products Regulations SI 2013/1387

These Regulations came into force on 1 July 2013 and apply to England, Scotland, Wales and Northern Ireland.
They provide for the operation in the UK of Regulation (EU) 305/2011, laying down harmonised conditions for the marketing of construction products, which also came into force on 1 July 2013. 
As a result,…

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Building (Amendment) Regulations SI 2013/1105

These Regulations came into force on 3 June 2013 and apply mainly to England.
They fully apply to Wales in relation to excepted energy buildings only, and some amendments also apply to the following in Wales:

educational buildings and buildings of statutory undertakers;
Crown buildings; and
building work carried out or proposed to be…

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Building Regulations &c. (Amendment) (Wales) Regulations SI 2013/747

These Regulations began to come into force on 19 April 2013 and apply to Wales only. They will come gradually into force over a seven year period with the final provisions coming into force on 31 December 2020.
Although they apply to Wales, because of the devolution process these Regulations do…

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Reporting of Injuries, Diseases and Dangerous Occurrences Regulations SI 2013/1471

These Regulations come into force on 1 October 2013 and apply to England, Scotland and Wales.
They revoke and replace, with amendments, the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations SI 1995/3163 and the Reporting of Injuries, Diseases and Dangerous Occurrences (Amendment) Regulations SI 2012/199.
These Regulations simplify and clarify…

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New RIDDOR Regulations published for GB

New RIDDOR regulations have been published which will come into force on 1 October 2013 and will apply to England, Scotland and Wales.

They will revoke and replace the current RIDDOR regulations, the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations SI 1995/3163, as well as amending other legislation.

The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations SI 2013/1471 introduce a:

  • simplified and shortened list of reportable non-fatal injuries to workers sustained as a result of a work-related accident;
  • clarified and shortened list of reportable dangerous occurrences;
  • simplified and significantly shortened list of reportable ill-health conditions in workers (replacing 47 specified ill-health conditions with eight categories of work-related diseases);
  • simplified list of dangerous occurrences within the rail-sector, and removal of the requirement to report suicides on railways.

However, the following requirements remain unchanged:

  • recording requirements;
  • reports of fatal accidents;
  • reports of accidents involving non-workers including members of the public;
  • reports of accidents which incapacitate workers for more than seven days;
  • requirements to preserve certain incident sites at mines, quarries and offshore workplaces pending investigation and subject to overriding safety needs.
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HSE NI drives home risks

The Health and Safety Executive for Northern Ireland (HSE NI) and the 26 local district councils have urged employers to make sure they have all the information they need to manage the risks from vehicles in workplaces.

Between 2004 and 2012, 40 people in Northern Ireland died in incidents related to workplace transport. A statistic which highlights just how dangerous vehicles in the workplace can be. The message comes at the beginning of the new joint inspection and enforcement initiative, where officers from district councils and the HSE NI will carry out 1,000 inspections across a variety of key industries, such as construction, wholesale distribution, retail, agriculture and builders' yards.

During these inspections, the officers will focus on three main areas:

  • safe site;
  • safe vehicle; and
  • safe driver.

They will also discuss with employers what provisions they have made to ensure people's safety on-site.

Deputy Chief Executive for the HSE NI commented, “It is often the most simple and inexpensive measures that make a huge difference in helping to reduce the risk of an accident in the workplace involving a moving vehicle. Employers need to think about things such as checking for potential problems (risk assessments), well designed layouts, good driver training and proper systems to detect and correct unsafe practices. Think about what really happens on-site rather than the theory and then make the changes needed to keep people safe.”

He continued, “This will also save companies time and money by reducing incidents and damage to vehicles and products. So I'd urge employers to contact the HSE NI or their local council's environmental health department for advice on how they can make sure their workplace transport is safe – or to discuss any concerns they may have.”

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Sellafield get it wrong

The owner of the Sellafield nuclear plant has been fined £700,000 after admitting sending low-level radioactive waste to a landfill site.

Sellafield Limited confessed to sending four bags, containing plastic, paper, clothing, wood and metal, from its plant to the Lillyhall landfill in Workington, in April 2010. The bags should have been sent to the Low Level Waste Repository at Drigg. According to the firm, a wrongly configured monitoring system resulted in the bags being labelled as “general waste”, making them exempt from the usual disposal treatment process.

The charges were brought to Carlisle Crown Court by the Environment Agency and the Health and Safety Executive, and included breaches of the Radioactive Substances Act 1993, the Environmental Permitting (England and Wales) Regulations SI 2010/675 and the Health and Safety at Work etc Act 1974.

Judge Peter Hughes said the mistakes were the result of “basic management failures”. He commented, “this prosecution arises out of the discovery, by chance, that bags of radioactive waste had been wrongly classified as exempt waste and allowed to leave Sellafield and to be transported to a landfill site and deposited there. That such a basic mistake could possibly occur in what needs to be an industry managed and operated with scrupulous care for public safety and the environment is bound to be a matter of grave concern.”

A statement from the company, which has held an ISO 14001 certification since 1997, said it regretted the incident and had suspended the disposal of waste from the site until it had identified and corrected the error.

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Regulation (EU) 354/2013 (OJ:L109/4/2013) on changes of biocidal products authorised in accordance with Regulation (EU) 528/2012

This Regulation sets out provisions on changes of biocidal products sought in accordance with Regulation (EU) 528/2012, on the making available on the market and use of biocidal products, with regard to any of the information submitted in relation to the initial application for the authorisation of biocidal products or…

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Railways and Other Guided Transport Systems (Miscellaneous Amendments) Regulations SI 2013/950

These Regulations came into force on 21 May 2013 and apply to England, Scotland and Wales.
They give effect to Regulation (EU) 445/2011, on a system of certification of entities in charge of maintenance for freight wagons, through amendments to various railway related legislation.
In particular, these Regulations:

amend the Railways and Other…

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