Archive for July, 2014

Proposal COM(2014)187 for a Regulation on cableway installations

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Decision 2014/474/EU (OJ:L212/45/2014) related to the listing of Conformity Assessment Bodies under the Sectoral Annex on Electromagnetic Compatibility

This Decision adds authorised bodies to the list of Conformity Assessment Bodies under “EC access to the US market” in Section V of the Sectoral Annex on Electromagnetic Compatibility.
Parties listed have agreed to maintain the product and conformity assessment procedures.

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Decision 2014/425/EU (OJ:L196/30/2014) authorising Slovakia and the United Kingdom to derogate from certain common aviation safety rules of Regulation (EC) 216/2008

This Decision sets out an authorisation for the United Kingdom to deviate from certain common aviation safety rules that are applied through Regulation (EC) 216/2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency.
Legislative Background
Under Regulation (EC) 216/2008 it is set out that…

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Regulation (EU) 752/2014 (OJ:L208/1/2014) replacing Annex 1 to Regulation (EC) 396/2005

This Regulation replaces Annex 1 to Regulation (EC) 396/2005, on maximum residue levels of pesticides in or on food and feed of plant and animal origin.
Scope
In Annex 1, the products of plant and animal origin to which the maximum residue levels of pesticides apply are listed.
Annex 1 to Regulation (EC) 396/2005…

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Regulation (EU) 737/2014 (OJ:L202/1/2014) amending Annexes 2 and 3 to Regulation (EC) 396/2005 as regards maximum residue levels for certain active substances in or on certain products

This Regulation amends Annexes 2 and 3 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:

2-phenylphenol;
chlormequat;
cyflufenamid;
cyfluthrin;
dicamba;
fluopicolide;
flutriafol;
fosetyl;
indoxacarb;
isoprothiolane;
mandipropamid;
metaldehyde;
metconazole;
phosmet;
picloram;
propyzamide;
pyriproxyfen;
saflufenacil;
spinosad; and
trifloxystrobin.

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

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

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Decision 2014/89/EU (OJ:L2014/45/36) on a pilot project to implement the administrative co-operation obligations set out in Directive 2007/59/EC by the means of the Internal Market Information System

This Decision sets out the objectives for the pilot project, which aims to test the effectiveness of the Internal Market Information System (IMI) for implementing the provisions given.
As stated by the Decision, the Commission shall carry out the pilot project.
Legislative Background
This Decision uses provisions set out in Directive 2007/59/EC, on…

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One in six construction sites need health and safety improvements

The Health and Safety Executive (HSE) has undertaken a national targeted inspection focussing on health risks for construction workers. One sixth of the sites visited required enforcement action to be taken.

The proactive inspections took place over two weeks with the HSE demanding improvements, and even for certain work activities and practices to stop altogether in more extreme cases.

The inspectors made certain health risks their focus which included respiratory risks from dusts containing silica materials, exposure to other hazardous substances such as cement and lead paint, manual handling, noise and vibration.

560 sites were visited altogether and 85 of them received enforcement notices. Thirteen Prohibition Notices, meaning certain work or practices must not be continued until improvements have been made, had to be given. 107 Improvement Notices were also handed out.

Heather Bryant, HSE’s Chief Inspector commented: “We recognise the construction sector’s progress in reducing the number of people killed and injured by its activities. But it is clear from these figures that there is an unacceptable toll of ill-health and fatal disease in the industry… We will make sure the construction industry ‘Thinks Health’ as well as safety.”

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Steelwork company fined for Health and Safety breach

A steelwork company in Herefordshire has been fined after an employee was hurt when a metal sheet fell on his foot.

On 15 July, Herefordshire Magistrates’ Court heard the man involved had been asked to move some metal sheets using an overhead travelling crane and a permanent lifting magnet placed in the centre. This involved lifting the sheets around 1.5 metres from the ground and moving them 10 metres to be placed on a conveyor.

After moving two sheets, the last disconnected from the magnet bouncing off the conveyor and fractured three of the workers toes. This resulted in him being off work for six weeks.

It was found by the Health and Safety Executive (HSE) investigation that manufacturer’s instructions had not been followed, and the magnet was unsuitable for lifting the sheet of metal involved.

HSE inspector, Tariq Khan said: “Permanent lifting magnets are a common accessory in industry and must be used correctly. Users need to understand the limitations of the ones they have in use. This incident could easily have been avoided had the company provided suitable training.”

He also cautioned: “It was nothing more than luck that the first two sheets were successfully moved and the injured employee was very fortunate that the 180kg metal sheet fell on to a conveyor before landing on his foot. Had it landed on him directly then a more serious injury may have been inflicted.”

The company involved pleaded guilty to breaching the Health and Safety at Work etc. Act 1974 and were fined £12 000 and ordered to pay £11 631.40 in costs.

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Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order SI 2014/892

This Order came into force on 1 April 2014 and applies to England, Scotland, Wales and Northern Ireland.
It makes amendments to a large range of enactments as a consequence of the commencement of certain provisions of the Enterprise and Regulatory Reform Act 2013.
They largely relate to the creation of the…

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Firms prosecuted for M25 death

A construction firm has been fined and a bulldozer operator sentenced after Mihai Hondru, aged 39, was run over and killed whilst working on a project to widen the M25.

Mr Hondru was employed to direct lorries to the correct positions on the embankment so that they could tip their soil loads. Stephen Blackmore, operating the bulldozer, was supposed to then level the tipped soil with the bulldozer. As Mr Hondru was helping a lorry manoeuvre, he was struck by the reversing bulldozer.

As a result of the collision which occurred in 2010, Mr Hondru suffered multiple injuries and died at the scene.

Following the incident, a Health and Safety Executive (HSE) inspection found that having carried out a risk assessment, J McArdle – the construction firm involved – had implemented a one-way system to minimise risks to pedestrians. However, when the collision occurred, ground conditions had changed which meant the lorries had to reverse into position but inadequate safety measures were put into place to protect workers near the reversing bulldozer.

It was also found that Mr Blackmore did not take sufficient account of Mihai Hondru's presence in his immediate vicinity, and assumed that Mr Hondru would move out of the way of the reversing bulldozer.

As a result of the prosecution, J McArdle Contracts Ltd, which is now in liquidation, was given a fine of £2,000 after being found guilty of breaching the Health and Safety at Work etc. Act 1974. However, the judge at Chelmsford Crown Court said that if the company had still been trading, the fine would have been £200,000.

In a separate hearing, Stephen Blackmore was found guilty of breaching the Construction (Design and Management) Regulations SI 2007/320 and was given a six month prison sentence, suspended for 12 months, and ordered to pay costs of £2,500.

HSE inspector Sandy Carmichael said, “Mihai Hondru’s death was a needless tragedy, all the more so because it was preventable. Safe operation of heavy plant, including bulldozers, means continuously checking that pedestrians are clear of moving vehicles. What had seemed like a small change in the task was really very significant. Construction work needs good planning – and good planning includes thorough risk assessment.”

“Any modification to the plan means the risks need to be re-considered very carefully. Re-assessing risk when circumstances change is crucial, as this tragic incident clearly shows. Mr Hondru’s death could have easily been avoided if the transport operations had been properly managed and there had been good vigilance by everyone involved.”

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