Archive for April, 2016

Decision 2016/135/EU (OJ:L25/65/2016) postponing the expiry date of approval of flocoumafen, brodifacoum and warfarin for use in biocidal products for product-type 14

This Decision postpones the expiry date of approval of flocoumafen, brodifacoum and warfarin for use in biocidal products for product-type 14 to 30 June 2018.

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

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Trade Union Bill danger for safety reps?

The Trade Union Congress (TUC) has warned that the Trade Union Bill, which is currently working its way through Parliament, could restrict the work of union health and safety representatives.

The Bill's primary focus is on industrial action ballot thresholds, but it does also contain clauses referring to the activities of health and safety reps – described by the TUC as indicative and bureaucratic.

The clauses relate to the length of time given to safety reps to carry out their union activities and duties. The first stipulates that any public sector employer with at least one union health and safety rep will have to record and publish all the time taken and facilities provided. This has been criticised by Hugh Robertson, the TUC's senior health and safety officer, as a bureaucratic exercise adding to workloads because reps are entitled to paid time off under European and UK law.

“This right is absolute. There is nothing that says an employer can decide to restrict it. If representatives need time off they need it, and that’s the end of the matter,” said Robertson.

There are concerns that the Government could use the second clause to water down these current requirements in the future. This clause allows ministers to restrict the right to paid time off by amending the Health and Safety at Work Act 1974 using secondary legislation (Regulations or an Order). This has been described by Robertson as “even more dangerous and underhand”.

The Government has attempted to explain their thinking by stating, “We simply want to ensure that the time that trade union reps collectively spend on union duties and activities during working hours at taxpayers’ expense is justifiable and accountable and that it represents value for money.”

The Bill is awaiting a date for its second reading.

For more information, see the:

  • Safety Representatives and Safety Committees Regulations SI 1977/500.
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Decision 2016/135/EU (OJ:L25/65/2016) postponing the expiry date of approval of flocoumafen, brodifacoum and warfarin for use in biocidal products for product-type 14

This Decision postpones the expiry date of approval of flocoumafen, brodifacoum and warfarin for use in biocidal products for product-type 14 to 30 June 2018.

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

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Regulation (EU) 138/2016 (OJ:L27/5/2016) on the non-approval of the active substance 3-decen-2-one, in accordance with Regulation (EC) 1107/2009 on the placing of plant protection products on the market

This Regulation confirms that 3-decen-2-one has not been approved as an active substance in accordance with Regulation (EC) 1107/2009, on the placing of plant protection products on the market.
The substance has not been approved as the available information is insufficient to conclude whether the use of 3-decen-2-one will have an…

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

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Transfer of Functions (Fire and Rescue Services) Order SI 2016/162

This Order came into force on 1 April 2016 and applies to England, Wales, Scotland and Northern Ireland.
It makes provision for the transfer of property, rights and liabilities relating to fire and rescue services from the Secretary of State for Communities and Local Government to the Home Secretary. This is a…

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

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Regulation (EU) 138/2016 (OJ:L27/5/2016) on the non-approval of the active substance 3-decen-2-one, in accordance with Regulation (EC) 1107/2009 on the placing of plant protection products on the market

This Regulation confirms that 3-decen-2-one has not been approved as an active substance in accordance with Regulation (EC) 1107/2009, on the placing of plant protection products on the market.
The substance has not been approved as the available information is insufficient to conclude whether the use of 3-decen-2-one will have an…

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

Comments Off on Regulation (EU) 138/2016 (OJ:L27/5/2016) on the non-approval of the active substance 3-decen-2-one, in accordance with Regulation (EC) 1107/2009 on the placing of plant protection products on the market more...

Transfer of Functions (Fire and Rescue Services) Order SI 2016/162

This Order came into force on 1 April 2016 and applies to England, Wales, Scotland and Northern Ireland.
It makes provision for the transfer of property, rights and liabilities relating to fire and rescue services from the Secretary of State for Communities and Local Government to the Home Secretary. This is a…

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

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Building Regulations &c. (Amendment) Regulations SI 2016/285

These Regulations came fully into force on 1 May 2016 and apply to England and Wales.
They amend the Building Regulations SI 2010/2214 in order to:

revoke requirements relating to the provision of energy performance certificates for new and specified converted buildings;
amend and supplement the implementation of Directive 2010/31/EU on the energy…

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

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Building Regulations &c. (Amendment) Regulations SI 2016/285

These Regulations came fully into force on 1 May 2016 and apply to England and Wales.
They amend the Building Regulations SI 2010/2214 in order to:

revoke requirements relating to the provision of energy performance certificates for new and specified converted buildings;
amend and supplement the implementation of Directive 2010/31/EU on the energy…

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

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Two Derby firms fined for vibration risks

Sandvik Mining and Construction Limited and Sandvik Construction Mobile Crushers and Screeners Limited, both based in Derbyshire, have pleaded guilty to breaching the provisions of the Health and Safety at Work etc. Act 1974 and have been fined £12,000 and £280,000 respectively.

The prosecution and fine came following investigations into reported cases of carpel tunnel syndrome and hand arm vibration syndrome amongst the employees. Derby Crown Court was told that employees at both firms were regularly exposed to hand arm vibration through the use of tools that vibrated in the assembly and servicing of crushers and screeners.

A Health and Safety Executive (HSE) investigation into the matter found that both firms failed to manage the risk of vibration to employees, failed to carry out suitable assessments of the risk and had not made reasonable estimates of employee's exposure to vibration.

HSE inspector Edward Walker said, “There is a well-known health risk associated with exposure to hand arm vibration and it is important that measures are put in place to manage the risk. Exposure to hand arm vibration can cause debilitating affects which could have been avoided.”

For more information, see:

  • Control of vibration at Work Regulations SI 2005/1093;
  • INDG175 – Control the risks from hand-arm vibration;
  • L140 – Hand-arm vibration;
  • L141 – Whole-body vibration.
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