Archive for October, 2014

Regulation (EU) 1062/2014 (OJ:L294/1/2014) on the work programme for the systematic examination of all existing active substances contained in biocidal products referred to in Regulation (EU) 528/2012

This Regulation sets out rules for the carrying out of the work programme for the systematic examination of all existing active substances referred to in Regulation (EU) 528/2012, on the making available on the market and use of biocidal products.
These are detailed provisions and have been divided into the following Chapters:
hese…

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

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Deregulation Bill exemptions voted through

The House of Lords has voted in favour of Government plans contained in the Deregulation Bill to exempt certain self-employed workers from health and safety law.

The Institution of Occupational Safety and Health (IOSH) has been lobbying against Clause One of the Bill, citing concerns that the exemption could lead to confusion, a decline in standards and an increase in the risk of injury or illness at work. Peers voted 253 to 175 in favour of the exemption.

Richard Jones, head of policy and public affairs at IOSH, said: “IOSH is very disappointed that the Lords do not seem to have understood the serious problems that this misguided and unnecessary exemption would cause and have not voted for its removal. We will need to redouble our efforts in making the case for its removal as the Bill continues its journey through Parliament.”

IOSH's view has been supported by the Trades Union Congress (TUC), with Hugh Robertson, senior policy officer for health and safety, commenting: “It is incredible that the Lords managed to ignore all the clear evidence that this clause would make the workplace a less safe place, would increase confusion, and was not what had originally been proposed by Professor Lofstedt in his report. The TUC will continue to strongly oppose this measure as it continues its way through the Parliamentary process.”

Lord McKenzie of Luton, shadow communities and local Government spokesperson, tabled an amendment for the removal of Clause One from the Bill, and praised the impact of the Health and Safety at Work etc Act 1974: “We have a first-class health and safety system in the UK. We should be alarmed at what is now proposed. After 40 years of progress we see the Government trying to unravel part of the health and safety system. We should resist Clause One and strike it from the Bill.”

As it currently stands, the Deregulation Bill will amend health and safety law to exempt certain self-employed from the general health and safety duty for themselves and non-employees, except if carrying out “prescribed activities”. Such activities include high hazard or high risk sector activities, such as agriculture and construction. But many self-employed who may pose a risk to others will be exempt.

This goes against the Lofstedt recommendation, which proposed exempting only those self-employed whose “work activities pose no potential risk of harm to others”.

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Workers fall through roof when installing solar panels

Two brothers have fallen 15 foot through a fragile roof leading to the owner of the solar panel business being fined.

The roof was not identified as a risk and Brynley Perrett suffered injuries to his back as a result. His brother Anthony was lucky enough to escape without any injury.

The accident occurred at Llan-y-nant Farm, near Trellech, Monmouthshire while the brothers were installing solar panels on a building at the farm. Andrew Green, trading as Green Park Power, has been prosecuted by the Health and Safety Executive (HSE) after an investigation which discovered there was no equipment or measures in place to avoid or soften the fall.

The Magistrate’s Court in Cwmbran heard that Mr Green had not made an adequate assessment of the risks of the roof which turned out to be fragile. He also failed to take any sufficient action to lessen risks that may exist.

Andrew Green pleaded guilty to a breach of the Health and Safety at Work etc. Act 1974. His fine was £4 500 and he has been ordered to pay £1 500 in costs.

HSE Inspector Steve Richardson said: “Both brothers were fortunate not to have suffered far more serious injury in this easily avoidable incident. Had nets or other safety measures been installed then the fall risk would have been significantly minimised and the likelihood of injury reduced.”

Cedrec’s take:

With the raft of guidance available on roof work, particularly fragile roofs, it is worrying that breaches of this kind still occur. It may take a little extra time and money, but taking the proper steps to ensure a roof is safe and not fragile is always the best course.

For more information, see the:

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Draft Small Business, Enterprise and Employment Bill

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Tooling for use with hand-fed woodworking machines

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Reducing Fire Risk at Waste Management Sites

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Pallet safety

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Regulation (EU) 1078/2014 (OJ:L297/1/2014) amending Annex 1 to Regulation (EU) 649/2012 on the export and import of hazardous chemicals

This Regulation amends Regulation (EU) 649/2012 on the export and import of hazardous chemicals.
These amendments make changes to Annex 1 of Regulation (EU) 649/2012 including adding, replacing and deleting entries in the lists of chemicals subject to certain procedure or notification.
Legislative background
Regulation (EU) 649/2012 implements the Rotterdam Convention on the…

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Decision 2014/714/EU (OJ:L297/11/2014) to withdraw from the Official Journal the reference of harmonised standard EN 1384:2012 Helmets for equestrian activities under Regulation (EU) 1025/2012

This Decision withdraws from the Official Journal of the European Union any reference to the standard EN 1384:2012 “Helmets for equestrian activities”.
Legislative background
Directive 89/686/EEC outlines the laws relating to personal protective equipment.
Where a national standard transposing a harmonised standard, which has been published in the Official Journal of the European Union,…

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

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Rail Vehicle Accessibility (Non-Interoperable Rail System) (Blackpool Tramway) Exemption Order SI 2014/2660

This Order comes into force on 1 November 2014 and applies to England, Scotland and Wales.
It exempts certain tramcars from specified requirements of the Rail Vehicle Accessibility (Non-Interoperable Rail System) Regulations SI 2010/432 where the vehicles are used on the Blackpool Tramway.
Scope
A Fleet B tramcar is authorised to be used…

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