Archive for March, 2014

Co-ordination of Regulatory Enforcement (Enforcement Action) (Amendment) Order SI 2014/573

This Order came into force on 6 April 2014 and applies to England, Scotland, Wales and Northern Ireland.
It amends the Co-ordination of Regulatory Enforcement (Enforcement Action) Order SI 2009/665, which was made under Part 2 of the Regulatory Enforcement and Sanctions Act 2008.
Legislative background
The Primary Authority scheme, created in Part…

Details on this legislative text is provided by Cedrec. Please click here to see the summary.

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Deadline looms for display of 2009 H&S poster

Employers in GB have a requirement under the Health and Safety Information for Employees Regulations SI 1989/682, and in Northern Ireland under the Health and Safety Information for Employees Regulations (Northern Ireland) SR 1991/105, to display an approved health and safety law poster or provide each worker with a copy of the equivalent pocket card.

The poster outlines health and safety laws and includes a straightforward list that tells workers what they and their employers need to do. It must be displayed in a place where workers can easily read it. Details can also be added of any employee safety representatives or health and safety contacts if you wish to do so.

However, from 5 April 2014 in Great Britain and from 15 June 2014 in Northern Ireland, employers must display the 2009 version of the health and safety law poster, rather than the 1999 version.

Research showed that the 1999 versions of the law poster and law leaflet were visually unappealing and rarely read. They were redesigned to be more readable and engaging. The 2009 poster and leaflet also reflect changes in the law to reduce the administrative cost to employers of having to provide additional written information on the poster or with the leaflet, and having to keep this information up to date.

The health and safety laws poster for employers in:

  • Great Britain can be accessed here; and
  • Northern Ireland can be accessed here.
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Regulation (EU) 289/2014 (OJ:L87/49/2014) amending Annexes 2, 3 and 5 to Regulation (EC) 396/2005 as regards maximum residue levels for active substances in or on certain products

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:

foramsulfuron;
azimsulfuron;
iodosulfuron;
oxasulfuron;
mesosulfuron;
flazasulfuron;
imazosulfuron;
propamocarb;
bifenazate;
chlorpropham; and
thiobencarb,

in or on certain products.
Transitional provision
Regulation (EC) 396/2005 as it stood before being amended by…

Details on this legislative text is provided by Cedrec. Please click here to see the summary.

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Directive 2014/38/EU (OJ:L70/20/2014) amending Annex 3 to Directive 2008/57/EC as far as noise pollution is concerned

This Directive amends Annex 3 to Directive 2008/57/EC, on the interoperability of the rail system within the Community, as far as noise pollution is concerned.
Legislative background
More stringent national requirements relating to noise of new and upgraded rolling stock should be avoided as this would negatively affect interoperability of the railway…

Details on this legislative text is provided by Cedrec. Please click here to see the summary.

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Dates suggested for new CDM Regulations

It has been suggested that the plans to revise UK construction laws could be published by the Government in early April, with the aim of bringing them into force in April 2015.

The Construction (Design and Management)  Regulations SI 2007/320 and the Construction (Design and Management) Regulations (Northern Ireland) SR 2007/291 deal with the safety of construction sites, designating responsibility for safety to people within the construction process as well as to client organisations.

For some time, the Health and Safety Executive (HSE) has been planning revisions to the regulations, to help what they consider “a disproportionately dangerous industry”. Now, law firm Pinsent Masons believe that plans will be published shortly. “Our understanding is that a 12-week consultation will begin at the start of April and that new guidance on what the laws will mean for industry will be published between then and April 2015, when it is hoped that the regulations will come into force”.

The revisions to the 2007 version of the regulations will still ensure that burdens are placed not just on construction contractors but on those that hire them, such as the retailers, property developers and infrastructure developers on whose behalf work is carried out. However, there is a chance they will propose doing away with a stand alone CDM co-ordinator and will instead reassign the responsibility for co-ordination within the team planning and delivering a project. The requirement to co-ordinate construction planning will apply across all projects and not just those that are “notifiable” under the regulations.

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Company fined after worker fractures skull

Thomas Bolton Ltd, a company making copper products for the power industry, has been fined £19,050 and ordered to pay £10,361 in costs after pleading guilty to breaches of the Management of Health and Safety at Work Regulations SI 1999/3242, the Health and Safety at Work etc. Act 1974 and the Provision and use of Work Equipment Regulations SI 1998/2306.

The prosecution was made after a worker suffered life-changing injuries after a metal peg hit him in the head. The peg, weighing two kilogrammes, was attached to a ten tonne overhead crane and fabric sling being used to apply torque to bolts being tightened on an extrusion press. The peg was then catapulted out of the sling, it went through the factory roof, and re-entered the factory 26 metres away, hitting the employee on the head.

A subsequent Health and Safety Executive (HSE) investigation found that a suitable risk assessment of the task had not been carried out and the company did not properly plan the work or use the appropriate equipment.

HSE inspector Rachel Bradshaw said, “This was a serious incident that could have resulted in a fatality. It was only a matter of luck that the employee, or indeed anyone else in the vicinity, was not killed by the projectile. Maintenance activities such as this should be properly planned using the right tools for the job. Thomas Bolton had carried out this activity in this way for many years, using the crane to tighten the bolts, but just because a job is carried out in a certain way for a long time without incident doesn’t make it a safe system of work.”

“The company now uses a purpose-designed spanner for the job but it is a shame that a man had to suffer painful, life-changing, long-term injuries before they made that change.”

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Shoppers in danger from falling scaffolding

A scaffolding firm which erected two scaffolds outside of a department store on Oxford Street has been fined £10,000 after a catalogue of safety failings.

Workers employed by Darren Baker Scaffolding Limited were captured on CCTV throwing and catching metal fittings over the heads of shoppers. The firm also failed to ensure the structures outside Debenhams were properly configured, braced and tied, which undermined their stability.

The Health and Safety Executive (HSE) uncovered a series of issues, including:

  • metal fittings were thrown from a flatbed lorry over the heads of passers-by – as captured by CCTV;
  • heavy scaffold poles were also hoisted above shoppers with no thought to their safety;
  • pedestrians were forced to walk into the road to avoid the activity, with no measures in place to protect them from passing vehicles;
  • the two scaffolds were:
    • not built to an approved safe design and were inadequately braced and tied,
    • poorly configured, with the potential for overloading parts of the structure, and loads could not be transferred safely to the ground.

Oxford Magistrates’ Court heard that although nobody was injured, either from the work or from a collapse or fall, the activity was inherently unsafe. The HSE established that as a result of the failings there was a significant risk that the scaffold could have collapsed.

Darren Baker Scaffolding Limited, of  Hertfordshire, was fined a total of £10,000 and ordered to pay a further £706 in costs after pleading guilty to a single breach of the Health and Safety at Work etc Act 1974 and four breaches of the Work at Height Regulations SI 2005/735 .

After the hearing HSE inspector Peter Snelgrove commented, “The issues here are two-fold. There were clear concerns with the manner in which the scaffolds were erected, as captured by CCTV. Then there are the failings with the structures themselves, the fact they weren’t built to an approved design and were inadequately tied and braced.

“All scaffolds should be erected in a safe manner, but the risks are magnified when you are working in a busy city centre location with lots of traffic and pedestrians, as was the case here.

“Little thought was given to shoppers as fittings and poles were tossed or passed over their heads, and today’s conviction serves to illustrate the seriousness of the failings we uncovered. Thankfully nobody was injured, but that is the only saving grace.”

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Energy Performance of Buildings (Certificates and Inspections) (Amendment) Regulations (Northern Ireland) SR 2014/43

These Regulations came into force on 25 February 2014 and apply to Northern Ireland only.
They amend the Energy Performance of Buildings (Certificates and Inspections) Regulations (Northern Ireland) SR 2008/170 in order to further implement Directive 2010/31/EU, on the energy performance of buildings.
In particular, these Regulations amend the Energy Performance of…

Details on this legislative text is provided by Cedrec. Please click here to see the summary.

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Public Interest Disclosure (Prescribed Persons) (Amendment) Order (Northern Ireland) SR 2014/48

This Order will come into force on 6 April 2014 and applies to Northern Ireland only.
It amends the Public Interest Disclosure (Prescribed Persons) Order (Northern Ireland) SR 1999/401 by replacing the Full Text of the Schedule to that Order.
That Schedule contains a list of prescribed persons. If “whistleblowers” make…

Details on this legislative text is provided by Cedrec. Please click here to see the summary.

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Gas (Applications for Licences and Extensions) (Amendment No. 2) Regulations (Northern Ireland) SR 2013/281

These Regulations came into force on 20 December 2013 and apply to Northern Ireland only.
They amend the Gas (Applications for Licences and Extensions) Regulations (Northern Ireland) SR 1996/447 in order to:

insert references, where appropriate, to arrangements for applying for the new Liquefied Natural Gas (LNG) licence;
update forms for applying for licences…

Details on this legislative text is provided by Cedrec. Please click here to see the summary.

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