Archive for November, 2017

Goods Vehicles (Licensing of Operators) (Amendment) Regulations SI 2017/874

These Regulations came into force on 5 October 2017 and apply to England, Scotland and Wales.
They amend the Goods Vehicles (Licensing of Operators) Regulations SI 1995/2869 due to Regulation (EC) 1071/2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator coming into…

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

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Regulation (EU) 1526/2017 (OJ:L231/1) on the non-approval of the active substance beta-cypermethrin in accordance with Regulation (EC) 1107/2009 on the placing of plant protection products on the market

This Regulation states the active substance beta-cypermethrin is not approved in accordance with Regulation (EC) 1107/2009 on the placing of plant protection products on the market.
Legislative background
Regulation (EC) 1107/2009 sets out rules for the authorisation of plant protection products in commercial form and for their marketing, use and control within the Community. It…

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

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Regulation (EU) 1496/2017 (OJ:L218/7/2017) on the non-renewal of approval of the active substance DPX KE 459 in accordance with Regulation (EC) 1107/2009 on the placing of plant protection products on the market

This Regulation sets out the approval of the active substance DPX KE 459 (flupyrsulfuron-methyl) not to be renewed, and amends the Annex to Regulation (EU) 540/2011, which implements Regulation (EC) 1107/2009 as regards the list of approved active substances.
The amendment withdraws authorisations for plant protection products containing DPX KE 459 from the list of substances approved under Regulation…

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

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Regulation (EU) 1496/2017 (OJ:L218/7/2017) on the non-renewal of approval of the active substance DPX KE 459 in accordance with Regulation (EC) 1107/2009 on the placing of plant protection products on the market

This Regulation sets out the approval of the active substance DPX KE 459 (flupyrsulfuron-methyl) not to be renewed, and amends the Annex to Regulation (EU) 540/2011, which implements Regulation (EC) 1107/2009 as regards the list of approved active substances.
The amendment withdraws authorisations for plant protection products containing DPX KE 459 from the list of substances approved under Regulation…

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

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Latest HSE statistics show huge increase in prosecution fees

The Health and Safety Executive (HSE) have released their annual statistics on Britain's annual workplace injury and ill health.

Latest figures show that Britain remains one of the safest places to work, but as always much can be done to make workplaces even safer.

There was a decrease in both the amount of fatal injuries and non-fatal injuries to workers between 2016/2017. The amount of workers suffering from a work-related illness remained the same at 1.3 million workers. In 2016/2017 there were:

  • 137 fatal injuries to workers, (144 the previous year);
  • 609,000 non-fatal injuries, (621,000 the previous year);
  • 70,116 non-fatal RIDDOR reportable injuries, (72,702 the previous year).

Despite the decrease in reported injuries and fatalities the costs of workplace injury and days lost due to injury increased on the previous year:

  • costs of workplace injury, £5.3 billion, an increase from £4.8 billion last year;
  • costs of new cases of work-related illness, £9.7 billion, an increase from £9.3 billion last year;
  • days lost due to non-fatal injuries, 5.5 million, an increase of 1 million days from the previous year.

There was however a slight decrease in the amount of days lost due to work-related ill health which decreased from 25.9 million working days to 25.7 million working days.

This year's figures represent the first full year that the sentencing guidelines for England and Wales were in force. Consequently there was a marked increase in fines resulting from prosecutions, which increased from £38.3 million the previous year to £69.9 million. Another interesting point on this is that this increase in fines occurred despite 106 fewer cases brought to prosecution. There was however an increase in the amount of notices issued by the HSE, with 510 more notices issued in 2017 than the previous year.

Both last year's and this year's statistics show 500,000 workers suffer from work-related stress, depression or anxiety and a further 0.5 million workers suffer from musculoskeletal disorders. 

Figures for 2016/2017 indicate the increasing issue of stress, depression and anxiety in the workplace with 526,000 workers suffering from this type of ill health (236,000 of these are new cases this year). Work-related stress, depression and anxiety has led to 12.5 million working days lost, which equals a total of 49% of the total days lost due to ill health.

Musculoskeletal disorders also remain an issue in the workplace, with 35% of the total days lost due to ill health attributed to musculoskeletal disorders, this equates to 8.9 million working days lost. There are approximately 507,000 workers suffering from this, 159,000 of these are new cases.

HSE Chair, Martin Temple commented on the latest statistics: “These latest figures should act as a spur to reduce the impact of ill-health and injury on Britain’s workforce and businesses and we cannot rest on our reputation. We will only achieve long term improvement by a collective approach to improve workplace standards. Poor standards lead to poor health and increased injuries which is bad for the workforce and business.”

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Regulation (EU) 1526/2017 (OJ:L231/1) on the non-approval of the active substance beta-cypermethrin in accordance with Regulation (EC) 1107/2009 on the placing of plant protection products on the market

This Regulation states the active substance beta-cypermethrin is not approved in accordance with Regulation (EC) 1107/2009 on the placing of plant protection products on the market.
Legislative background
Regulation (EC) 1107/2009 sets out rules for the authorisation of plant protection products in commercial form and for their marketing, use and control within the Community. It…

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

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RIBA calls for repeal of Fire Safety Order

The Royal Institute of British Architects (RIBA) has said that the Regulatory Reform (Fire Safety) Order (RRFSO) SI 2005/1541 should be scrapped. They have said it should be replaced by a regime similar to that which preceded it, where fire services would issue building owners with fire certificates.

The RIBA said in its submission to the independent review of building regulations and fire safety, established following the Grenfell Tower fire, that the problems with the current regime were highlighted by the 228 high-rise buildings across the country that have been found by Government checks to have flammable cladding, meaning that they are a fire risk and fail to comply with Building Regulations.

The RIBA made fifteen recommendations, for example that sprinklers should be mandated in all new and converted high-rise residential buildings, and retrofitted to all buildings over eighteen metres in height. They further recommended a review of the 'stay put' policy, central fire alarms that can facilitate phased evacuations, and the introduction fo a requirement for more than one means of vertical escape in residential buildings higher than three storeys.

The RRFSO came into force in 2006 and repealed around 70 pieces of legislation related to fire safety, principally the Fire Precautions Act 1971 and the Fire Precautions (Workplace) Regulations SI 1997/1840. Under the Fire Precautions Act, fire services or local authorities were required to issue a fire certificate to certain classes of premises that assessed issues such as the provision of adequate precautions and means of escape.

A system of self assessment was introduced by the RRFSO, placing a duty on a building's 'responsible person' to carry out a fire risk assessment. Often, a fire risk assessor will be hired by the responsible person to carry out the assessment. However, the RIBA's submission claims that the appointment of fire risk assessors is made in an “unregulated professional environment”. The RIBA would like to see the re-introduction of mandatory fire certificates for designated premises that are based on independent inspections by fire brigades, as well as firefighters being given statutory powers of entry to buildings.

The chair of the RIBA expert advisory group on fire safety, Jane Duncan, said: “The RIBA welcomes Dame Judith Hackett’s review but we believe it must be more comprehensive, addressing the details of Building Regulations guidance as well as the broader regulatory system. The review should cover all building types and construction methods, not just those relating to high-rise, multiple occupancy residential buildings.”

The independent review is to look at regulatory systems used in different industries and other countries as it examines the effectiveness of regulation in the UK with regard to protecting people and buildings. Its call for evidence closed on 13 October, with an interim report expected this autumn. The Government will then make a written response, identifying any changes that can be made while the review continues. The final report is due by spring 2018.

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Massive fines for two companies following death of a worker

A manufacturer of large concrete panels and a plant hire company were sentenced following the fatal crush of a worker by a concrete panel at construction facility in Worksop, Nottinghamshire.

On 8 July 2014 Richard Reddish, a 29 year old father of one, who was employed by Explore Manufacturing Ltd, was working in a mobile elevating working platform (MEWP) in the finishing area, removing the lifting attachments from the top of a concrete panel, which weighed around 11 tonnes and was stored on a transport pallet.

The accident took place when the panel started to topple, while Reddish was standing in the raised MEWP basket. The first panel struck the MEWP, throwing the worker from the basket, also causing other panels to topple like dominoes, one of which fatally crushed him. The transport pallets were supplied by Select Plant Hire Company Ltd who shared the responsibility for their maintenance with Explore Manufacturing Ltd.

An investigation carried out by the Health and Safety Executive (HSE) confirmed that a rectangular metal frame attached to the pallet was not correctly connected to the pallet and there was no system of pre-use checks. The pallets were also in a poor condition, with a number of defects, including missing support bearers and stabilising legs. Other failings included inappropriate storage of freestanding concrete panels in the finishing area, which should have been secured in storage racks, and a lack of sufficient planning. The investigation also identified failings in the other storage systems on site.

Explore Manufacturing Ltd pleaded guilty for breaching the Health and Safety at Work Etc Act 1974 for failing to ensure safety and welfare of its employees during the transportation and storage of pre-cast concrete panels. The company was fined £1.3 million and ordered to pay costs of £13,922.

Select Plant Hire Company Ltd pleaded guilty for breaching the same Act for failing to properly maintain the transport pallets, exposing the Explore employees to risks to their health and safety. The company was fined £1.2 million and ordered to pay costs of £13,922.

After the hearing, HSE Inspector Stuart Pilkington said: “This tragic incident led to the avoidable death of a young man, whose death could easily have been prevented if the companies had acted following previous warnings to identify and manage the risks involved, maintain the equipment, and put a safer system of work in place.”

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