Archive for August, 2013

Rail Vehicle Accessibility (Non-Interoperable Rail System) (London Underground Metropolitan Line S8 Vehicles) (Boarding Devices) Exemption Order SI 2013/1931

This Order came into force on 1 September 2013 and applies to England, Scotland and Wales.
It is made in accordance with the Equality Act 2010 and exempts certain rail vehicles, of the type S8, from the requirement contained in the Rail Vehicle Accessibility (Non-Interoperable Rail System) Regulations SI 2010/432 for…

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Regulation (EU) 762/2013 (OJ:L213/14/2013) amending Regulation (EU) 540/2011 as regards the extension of the approval periods of the active substances chlorpyrifos, chlorpyrifos-methyl, mancozeb, maneb, MCPA, MCPB and metiram

This Regulation amends Part A of the Annex to Regulation (EU) 540/2011, which implements Regulation (EC) 1107/2009 as regards the list of approved active substances, in order to extend the approval periods of the active substances:

chlorpyrifos, until 31 January 2018;
chlorpyrifos-methyl, until 31 January 2018;
mancozeb, until 31 January 2018;
maneb, until 31…

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Regulation (EU) 767/2013 (OJ:L214/5/2013) withdrawing the approval of the active substance bitertanol, in accordance with Regulation (EC) 1107/2009 on the placing of plant protection products on the market

This Regulation amends Regulation (EU) 540/2011, implementing Regulation (EC) 1107/2009, as regards the list of approved active substances, in order to withdraw the approval of bitertanol.
Legislative background
Regulation (EU) 1278/2011 approved bitertanol as an active substance, in accordance with Regulation (EC) 1107/2009, on the placing of plant protection products on the market,…

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Regulation (EU) 798/2013 (OJ:L224/9/2013) amending Regulation (EU) 540/2011 as regards the conditions of approval of the active substance pyrethrins

This Regulation amends the Annex to Regulation (EU) 540/2011, implementing Regulation (EC) 1107/2009 as regards the list of approved active substances, as regards the conditions of approval of the active substance pyrethrins.
Legislative background
The active substance pyrethrins was included in Annex 1 to Directive 91/414/EEC, on the placing of plant protection products…

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Silk shocking

A Suffolk textile company has been sentenced for serious safety failings, after a worker suffered three years of ill-health following his exposure to chemicals.

The worker was employed at Gainsborough Silk Weaving Company Ltd in Sudbury as the dye house manager from 1993 to his dismissal in 2012. The 57 year old had been suffering from chronic breathing difficulties since 2008 and had been hospitalised on two occasions as a result. He was taking a large quantity of drugs to suppress his symptoms, which improved markedly after he left the company and stopped working with the chemicals.

His ill-health was reported to the Health and Safety Executive (HSE), who have now prosecuted the company for a series of safety offences. They found that the company had failed to assess the risks arising from working with hazardous reactive dyes, despite the risks of respiratory damage being well known in the industry. They also failed to provide their staff with adequate training or equipment to safeguard their health when working with the substances.

In addition, a health surveillance programme for the firm's workforce was stopped in 2004, which if it had been operating, could have helped prevent the employee's long period of ill-health. The company also failed to provide health surveillance for exposure to noise, ignoring the legal requirement to do so where employees are likely to suffer noise induced hearing loss.

Gainsborough Silk Weaving Company Ltd was fined £20,000 and ordered to pay £10,000 costs over three years, after pleading guilty to breaching the Control of Substances Hazardous to Health (COSHH) Regulations SI 2002/2677 and the Control of Noise at Work Regulations SI 2005/1643.

Following the hearing, HSE Inspector Martin Kneebone said, “Gainsborough Silk Weaving Company Ltd fell well short of their responsibilities over a protracted time period. They neglected to assess the very real health risks involved and take the measures necessary to minimise those risks. They should have installed suitable ventilation equipment for weighing and mixing the dyes. They should also have provided proper information, instruction, training and health surveillance for their employees. The lack of these left workers at a significant risk of contracting respiratory illnesses by their exposure to these chemicals.”

He continued, “In addition, the company's failure to provide health surveillance as regards exposure to high noise levels at work has meant that some employees, previously identified as vulnerable, may have suffered further deterioration in their hearing due to continued exposure. Again the risk of employees suffering noise induced hearing loss from working in the weaving industry is well known and preventable.”

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Regulation (EU) 790/2013 (OJ:L222/6/2013) amending Regulation (EU) 540/2011 as regards the conditions of approval of the active substance acetic acid

This Regulation amends the Annex to Regulation (EU) 540/2011, implementing Regulation (EC) 1107/2009 as regards the list of approved active substances, as regards the conditions of approval of the active substance acetic acid.
Legislative background
The active substance acetic acid was included in Annex 1 to Directive 91/414/EEC, on the placing of…

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Pyrotechnic Articles (Safety) (Amendment) Regulations SI 2013/1950

These Regulations came into force on 30 August 2013 and apply to England, Scotland, Wales and Northern Ireland.
They amend the Pyrotechnic Articles (Safety) Regulations SI 2010/1554 in order to adjust a prohibition on the use of commercial blasting agents in certain pyrotechnic articles which came into force on 4 July…

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Directive 2013/29/EU (OJ:L178/27/2013) on the making available on the market of pyrotechnic articles (recast)

This Directive establishes rules designed to achieve the free movement of pyrotechnic articles in the internal market, while ensuring a high level of protection of human health, public security, the safety of consumers and the environment.
It sets out essential safety requirements which pyrotechnic articles must meet before they can be…

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Regulation (EU) 777/2013 (OJ:L221/1/2013) amending Annexes 2, 3 and 5 to Regulation (EC) 396/2005 as regards maximum residue levels for certain active substances

This Regulation amends Annexes 2, 3 and 5 to Regulation (EC) 396/2005, on maximum residue levels of pesticides in or on food and feed of plant and animal origin, as regards maximum residue levels for:

clodinafop;
clomazone;
diuron;
ethalfluralin;
ioxynil;
iprovalicarb;
maleic hydrazide;
mepanipyrim;
metconazole;
prosulfocarb; and
tepraloxydim,

in or on certain products.
Revocations and amendments
This Regulation amends:

Regulation (EC) 396/2005, on maximum residue levels…

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Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Employment) Order SI 2013/1956

This Order came into force on 30 August 2013 and applies to England, Scotland, Wales and Northern Ireland.
It amends various Orders and Regulations as a consequence of the commencement of part of the Enterprise and Regulatory Reform Act 2013, which renames “compromise agreements” and “compromise contracts” as “settlement agreements” and…

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