Archive for July, 2013

Health and Safety at Work etc. Act 1974 (Civil Liability) (Exceptions) Regulations SI 2013/1667

These Regulations will come into force on 1 October 2013 and apply to England, Scotland and Wales.
They are made in accordance with the Health and Safety at Work etc. Act 1974 and create exceptions from the exclusion of civil liability for breach of statutory duty for pregnant workers and workers…

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Directive 2013/35/EU (OJ:L179/1/2013) on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (electromagnetic fields) and repealing Directive 2004/40/EC

This Directive sets out the minimum health and safety requirements regarding the exposure of workers to the risks arising, or likely to arise, from exposure to electromagnetic fields during their work.
In doing so, it revokes and replaces Directive 2004/40/EC, on the same subject.
Scope
This Directive covers all known direct biophysical effects…

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Mermaid’s fun drowned out by health and safety fears

Mermaid Eden Sirene, who is better known on land as Jenna Conti, has been banned from wearing her tail in a local swimming pool after officials flipped out over health and safety fears.

Ms Conti wears the custom-made silicon mermaid suit in her local pool in Florida and the unusual sight of her gliding through the water often brings joy to children and adults alike.

“It makes me feel amazing, makes children smile, makes adults smile, everybody happy, you don't expect to see a mermaid at the pool,” Ms Conti gurgled.

However, the modern day mythical woman has now been told she cannot wear the outfit in the pool as her fins have been cited as a safety issue.

“We love what she's trying to do, be kind to children and do something good for the community. We love her intentions – it's simply that it violates rules,” said Community Development District board chair Terrie Morrison.

Ms Conti said she is bitterly disappointed by the decision and that she is planning to hold another meeting with the board to appeal.

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Enterprise and Regulatory Reform Act 2013 (Health and Safety) (Consequential Amendments) Order SI 2013/1666

This Order will come into force on 1 October 2013 and applies to England, Scotland and Wales.
It amends various pieces of legislation in relation to health and safety as a consequence of an amendment made by the Enterprise and Regulatory Reform Act 2013 to the Health and Safety at Work…

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Changes to CDM announced

The Health and Safety Executive (HSE) is in the process of “completely overhauling” the Construction (Design and Management) Regulations SI 2007/320.

This contradicts somewhat to their internal review, and to Professor Löfstedt's report “Reclaiming health and safety for all: An independent review of health and safety legislation”, which suggested the Regulations were working well and only required some minor changes to the way they were being interpreted and understood.

The proposed changes would include:

  • removing the provisions relating to competence and welcoming duties for domestic projects;
  • removing the Approved Code of Practice;
  • replacing the design-phase duties of the existing CDM co-ordinator with a new project preparation manager (designer, principal contractor and contractor duties are more or less unchanged);
  • introducing CDM duties for all projects (commercial and domestic) where there is more than one contractor working on a particular project.

However, there is still a long way to go until the revised Regulations are finalised, but it is hoped they will come into force in October 2014.

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Consultation on draft asbestos ACOP

Consultation on a draft revised Approved Code of Practice (ACOP) Managing and working with asbestos – CD255 has been published and views are sought on the Health and Safety Executive's (HSE) plans to consolidate and merge the Approved Codes of Practice:

The revisions are in response to Professor Löfstedt's “Reclaiming health and safety for all: An independent review of health and safety legislation”, and the consultation aims to establish if the changes make it easier for employers to understand and meet their legal obligations.

The significant revisions and changes include: 

  • information revised to reflect changes to the law on notification of certain non-licensed work with asbestos and consequent arrangements for segregation of asbestos work areas, medical examinations for employees and keeping health records;
  • information reviewed and updated to help employers understand what they need to do to provide information, instruction and training for employees;
  • revisions made to the Control of Asbestos Regulations SI 2012/632 to reflect the changes made in 2012.

Responses to this consultation must be submitted by 30 September 2013.

Editor's note:

The Health and Safety Executive for Northern Ireland (HSE NI) are planning to carry out their own consultation on this subject. For the time being the ACOPs mentioned above, which have been approved for use in Northern Ireland, will continue to apply.

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Regulation (EU) 7/2013 (OJ:L4/36/2013) amending Regulation (EU) 748/2012 laying down Implementing Rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations

This Regulation amends Regulation (EU) 748/2012, laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations by changing some of the provisions in Annex 1.
Legislative background
Regulation (EU) 748/2012 sets the implementing…

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Health and Safety (Miscellaneous Revocations and Amendments) Regulations SI 2013/1512

These Regulations begin to come into force on 1 October 2013 and apply to England, Scotland and Wales.
They make revocations and amendments to legislation relating to health and safety using powers under the Health and Safety at Work etc. Act 1974. The revocations and amendments concern first-aid and docks.
In particular,…

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Consultation on draft revised Approved Code of Practice (ACOP) Managing and working with asbestos – CD255

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Draft INDG453 – Reporting accidents and incidents at work

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