Archive for October, 2015

Regulation (EU) 1295/2015 (OJ:L199/8/2015) approving the active substance sulfoxaflor, in accordance with Regulation (EC) 1107/2009 on the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) 540/2011

This Regulation approves sulfoxaflor as an active substance, in accordance with Regulation (EC) 1107/2009, on the placing of plant protection products on the market.
It also amends the Annex to Regulation (EU) 540/2011, implementing Regulation (EC) 1107/2009 as regards the list of approved active substances.
Revocations and amendments
This Regulation amends:

Regulation (EU) 540/2011, implementing…

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Mid Staffordshire NHS Foundation Trust to be prosecuted by HSE

The Health and Safety Executive (HSE) have charged Mid Staffordshire NHS Foundation Trust after an investigation into the deaths of four elderly patients under its care.

Prosecutions will focus upon the deaths of Lillian Tucker, Ivy Bun, Edith Bourne and Patrick Daly who died whilst being treated at Stafford Hospital between 2005 and 2014.

Wayne Owen, HSE Principal Inspector said: ''We have concluded our investigation into the death of four patients at Stafford Hospital and have decided there is sufficient evidence and it is in public interest to bring criminal proceedings in this case.''

The Trust will face four separate charges under breaches of the Health and Safety at Work etc. Act 1974.

Trust special administrator for the Mid Staffordshire Foundation Trust, Tim Rideout, said he has been working jointly with the HSE and is ''committed to bringing matters to a conclusion as efficiently and effectively as possible in the best interest of the families concerned.''

The Trust now only existing as a legal entity as it no longer provides any patient care, is due to appear before Stafford Magistrates' Court on 4 November 2015.

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Trip down memory lane

Fresh from announcing our latest product, Cedrec Planning, we've been thinking about how far we've come and rather coincidentally stumbled across a nostalgic press cutting from our archives, dated October 1995.

The “Sunderland-based software company helping over 50 companies” from the cutting is now providing over 900 subscriptions to over 600 companies. We also ditched the all-capital-letters name, too.

BS 7750 has grown to ISO 14001 and we're now simplifying and providing consultancy and assistance in achieving the new ISO 14001:2015. We've even became ISO 14001 accredited ourselves, one of the first businesses of our kind to do so.

We've even maintained the same relationship with many of our clients, such as Northumbrian Water, whilst forging new relationships we're hopeful to see last for just as long.

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Decision 2015/1534/EU (OJ:L240/21/2015) on amendments to MARPOL, SOLAS and the 2009 Guidelines for exhaust gas cleaning systems

This Decision sets out adoption of amendments to MARPOL, SOLAS and the 2009 Guidelines for exhaust gas cleaning systems.
Legislative background
The International Maritime Organization (IMO) and its International Convention for the Prevention of Pollution from Ships (MARPOL) provide for the possibility to designate emission control areas in order to reduce air…

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Regulation (EU) 1609/2015 (OJ:L249/17/2015) approving propiconazole as an existing active substance for use in biocidal products for product-type 7

This Regulation is made in accordance with Regulation (EU) 528/2012, on the making available on the market and use of biocidal products, and approves Propiconazole as an active substance for use in biocidal products for product-type 7, subject to the specifications and conditions set out below.

Common Name

Date of approval

Expiry date…

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Regulation (EU) 1475/2015 (OJ:L225/10/2015) amending Regulation (EU) 284/2013 as regards the transitional measures applying to procedures concerning plant protection products

This Regulation amends Regulation (EU) 284/2013 setting out the data requirements for plant protection products, in accordance with Regulation (EC) 1107/2009 on the placing of plant protection products on the market.
Amendments are made to provide for transitional measures applying to procedures concerning plant protection products.
Legislative background
Delays in applications for the…

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Health and Safety Executive (Powers) Bill

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Average FFI invoice rises 40% in three years

The Health and Safety Executive's (HSE) Fee for Intervention (FFI) scheme has come under criticism as new figures have revealed the average cost of an invoice issued is running in excess of £700. This is a huge 40% increase since the scheme first started three years ago in 2012.

In the August 2015 invoice run covering both notices of contravention issued in April and May the HSE sent 2922 invoices for a total of £2.01 million, an average of £715 each.

This has been steadily increasing with the average invoice in January 2013, £513 and in March 2014, £618.

Some of the highest figures are found in the extractive industry, with invoices issued in the latest run averaging £972. Other industries with high figures include manufacturing and construction.

If the current levels are maintained it is expected the HSE could generate around £12.5 million a year from the introduction of the Health and Safety (Fees) Regulations SI 2012/1652.

Steffan Groch, head of regulatory at the law firm DWF and chair of the UK Health and Safety Lawyers Association said the 40% increase to invoices: “could be down to more effective time recording by inspectors and also with more time being spent per notice of contravention.”

EEF, the manufacturers' organisation are currently conducting a survey on the FFI. When the scheme was introduced the Government made a commitment to publish a post implementation review after three years.

This three year period will come to an end during September 2015 and EEF will make an evidence based submission to the review.

To take part in the survey, you can follow the link to www.surveymonkey.com

For more information see, the:

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New exemption for turban-wearing Sikhs

A new exemption added to the Employment Act 1989 exempts turban-wearing Sikhs from any legal requirements to wear head protection at a workplace.

This exemption has been added by amendments made under the Deregulation Act 2015.

A workplace has been given a wide definition, and means any place where work is undertaken including any:

  • private dwelling;
  • vehicle;
  • aircraft;
  • installation; or
  • moveable structure (including construction sites).

However, in the case of particularly dangerous and hazardous tasks performed by individuals working in occupations which involve providing an urgent response to an emergency where a risk assessment has identified that head protection is essential for the protection of an individual, the need for head protection does still apply.

Head protection is the only exemption, and all other necessary personal protective equipment required under the Personal Protective Equipment at Work Regulations SI 1992/2966 must still be worn by Sikhs. This exemption can also extend to visitors, not just employees, but does however specifically apply to turban-wearing Sikhs.

This does not relax rules on safety, and employers are still required to take all necessary actions to avoid injury from falling objects by putting in place:

  • safety systems of work;
  • control measures;
  • engineering solutions.

Should an incident occur, where a turban-wearing Sikh chooses not to wear head protection which has been provided, the exemption includes a limitation on the liability of the duty-holder.

For more information see, the:

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Deregulation Act 2015 (Health and Safety at Work) (General Duties of Self-Employed Persons) (Consequential Amendments) Order SI 2015/1637

This Order came into force on 1 October 2015 and applies to England, Scotland and Wales.
It amends various Regulations made under the Health and Safety at Work etc. Act 1974 as a consequence of the Deregulation Act 2015. These amendments limit the scope of the general duty so only self-employed…

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