Archive for January, 2015

Classification, Labelling and Packaging of Chemicals (Amendments to Secondary Legislation) Regulations SI 2015/21

These Regulations begin to come into force on 31 May 2015 and apply to England, Scotland, Wales and Northern Ireland.
Provisions relating to extent and amendments to the Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations SI 2013/1506 come into force on 31 May 2015.
All remaining provisions come into…

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

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Scotland in the United Kingdom: An enduring settlement

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

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Westminster to deliver on planned devolution powers to Scotland?

New powers are to be given to Scotland's Parliament as part of the devolution agreement after the Scottish independence referendum.

The plans are made using recommendations from the Smith Commission, which include the devolution of a range of benefits to support older people, carers and disabled people and said the Parliament should be able to create new benefits in devolved areas and make discretionary payments in any area of welfare.

Laying out new taxes and granting the vote to those aged 16 and over are also in process or have already been agreed.

David Cameron has said: “Scotland spoke, we listened and now here we are delivering.”

However, according to the BBC, Ms Sturgeon said, “under the proposals, the UK government will hold a veto over key devolved powers, including the ability to “abolish the bedroom tax”, and called for an urgent rethink of what was on offer.”

She said: “The legislation published today does not represent the views of the Scottish Government, but it does represent some progress.

“However, too much of what the Prime Minister has set out imposes restrictions on the recommended devolved powers and would hand a veto to UK ministers in key areas.”

Cedrec's take

The Smith Commission summary isn't reported in great detail within the BBC, however so many changes are already filtering through from the tax changes, the Landfill Tax (Scotland) Act 2014 coming to mind as an example. In this draft, tax, welfare and energy are amongst some of the matters addressed.

The lowering of the voting age is already confirmed, and this has led to some protest. The circumstances that the referendum allowed younger people to cast a vote led to accusations that the “Yes” campaign were trying to create more “Yes” votes by widening the demographic which was widely associated with the movement. Furthermore, the fact that under 18's may have a vote in Scotland and not in Wales and England will possibly lead to a reconsideration for younger voters in the rest of the UK.

Gradually, Holyrood and Westminster are thrashing out a more concrete plan, and the new UK is beginning to take shape. Drafts are fickle things, and this new publication could very well be out of date within a few months as the two Governments broker a deal.

For more information, see:

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Firm fined after fiery injury to worker

A worker has suffered severe burns to his arms after attempting to clear a blockage in an unguarded machine.

The incident occurred at SGL Carbon Fibers, a Highland manufacturing company, which has been fined for safety failings for the incident which occurred on 13 February 2011.

Mr Miroslaw Grzybowski, 37, was taken to hospital with severe burns to the back of both his wrists and a first degree burn to the inside of his right forearm. The following week he underwent surgery to have skin grafts on his wrists and spent a week in hospital before returning to work with the company.

SGL Carbon Fibers Ltd, of Muir of Ord Industrial Estate, Great North Road, Muir of Ord, Easter Ross, was fined £10,000 after pleading guilty to breaching the Health and Safety at Work etc Act 1974.

Following the case, Health and Safety Executive (HSE) inspector Mac Young, said: “This incident was entirely foreseeable and therefore entirely preventable. Where an employee is able to gain access to dangerous moving parts, there is a risk of coming into contact with them. SGL Carbon Fibers Ltd should have identified the risk posed to workers on this particular production line and made sure it was adequately guarded as they had done on other lines. Suitable guarding coupled with adequate information, instruction and supervision would have played a large part in avoiding this incident.”

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Newport firm in court over devastating injuries to two employees

A company in Newport has found itself in court and handed fines after two employees suffered serious, life-changing injuries.

Stephen Harris, 53, from Pontnewydd, was drawn into a powered lathe that he was using to unwrap cloth from a processing roller at Moonsys Technology Ltd, trading as Recovery Rollers, on 22 May 2013. A second incident resulted in Ross Powell-Morris, 32, having his left arm amputated after being drawn into a CNC lathe while polishing a metal roller journal using emery cloth. He also suffered scarring to his face and is still in constant pain. Mr Powell-Morris has also been unable to return to work.

Moonsys Technology Ltd was fined a total of £70,000 and ordered to pay £20,710 in costs after pleading guilty to two breaches of the Health and Safety at Work etc Act 1974.

Health and Safety Executive (HSE) Inspector Gethyn Jones said: “Entanglement in rotating parts of machinery is a well-known risk but Moonsys Technology clearly failed to ensure the safety of its employees, with terrible life-changing consequences for both Mr Harris and Mr Powell-Morris and their families. Both incidents could have been prevented had there been a safe system of work in place for the tasks and full risk assessments carried out.”

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DRAFT: L149 Guidance on the Mines Regulations 2014

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

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Businessman fined after repeat safety breach

Peter Herring, a businessman in Sheffield, failed to take notice of safety warnings received from the Health and Safety Executive (HSE) on several occasions, leading to a fine.

He had been asked to ensure dangerous machinery was properly guarded but had ignored those requests.

An inspector carried out a routine visit and discovered a breach on 11 September 2013. The offending machinery was a radial arm drill that had been left unguarded. There was a telescopic guard available, but it was broken.

The HSE served a prohibition notice to prevent use of the drill until it was properly guarded.

This was not the first time Mr Herring had been served with a notice. The court heard he had been served with an enforcement notice by the HSE in 2003 and a further letter needed to be sent in 2009 when the same radial arm drill was found unguarded.

The company have been prosecuted and pleaded guilty to breaching the Provision and Use of Work Equipment Regulations SI 1998/2306. This was breached by the company failing to ensure that effective guarding was in place to prevent operators from getting too close to the rotating parts of the machine.

Peter Herring was fined £500 and ordered to pay £585 in costs.

HSE inspector Andrew Gale said: “Fortunately, no one at the factory was injured but this was down to chance rather than any good management.”

He commented that not only had he breached legislation, but “disregarded any lesson he should have learned from previous enforcement action on the exact same machine.”

For more information see, the:

  • Provision and Use of Work Equipment Regulations SI 1998/2306.
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Offshore Installations (Safety Zones) (No. 3) Order SI 2014/3212

This Order came into force on 25 December and applies to England, Scotland, Wales and Northern Ireland.
It establishes a safety zone, with a radius of 500 metres, around a subsea installation. That station is specified in the Full Text of the Schedule to this Order.

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

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Decision 2014/871/EU (OJ:L349/50/2014) on the position to be taken at the Eighth Conference of the Parties to the Convention on the Transboundary Effects of Industrial Accidents with regard to the proposal for an amendment of Annex 1 to that Convention

This Decision gives the position to be taken at the Eighth Conference of the Parties to the Convention on the Transboundary Effects of Industrial Accidents must be to support, in substance, the proposed amendment of Annex 1 to the Convention.
The Council is authorised to designate the person or persons authorised…

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

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Railways and Rail Vehicles (Revocations and Consequential Amendments) Order SI 2014/3244

This Order came into force on 5 January 2015 and applies to England, Scotland, Wales and Northern Ireland.
It revokes several items of legislation relating to railways and rail vehicles as part of the Government's Red Tape Challenge.
Revocations and amendments
This Order amends the:

Rail Vehicle Accessibility (Croydon Tramlink Class CR4000 Vehicles) Exemption…

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

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