Planning (Hazardous Substances) (Wales) (Amendment) Regulations SI 2017/547

These Regulations came into force on 5 May 2017 and apply to Wales only.
They amend the Planning (Hazardous Substances) (Wales) Regulations SI 2015/1597 in order to:

set out the procedure to be followed when applications for hazardous substances consent are referred to the Welsh Ministers;
amend the procedure relating to appeals to…

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

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Latest ISO 45001 Draft out for consultation

The latest Draft of the International Standard for Occupational Safety and Health Management Systems, ISO 45001 has been released for consultation.

Previous amended drafts of the new standard were rejected, however it is hoped this this may possibly be the last draft before the new standard comes into publication. If the latest draft is accepted by a ballot of National Standards Body (NSB) which is due to take place between May and July, rules allow the NSB to vote to drop the final draft stage, as long as technical changes are not made to the previous draft. This could mean that the standard may be published by the end of November 2017. However if a final draft is required, publication will yet again be delayed and is anticipated to be around February or March 2018.

Richard Jones, Head of Policy at the Institution of Occupational Safety and Health (IOSH) commented: ''The terms and definitions have all been agreed and the whole thing has been tidied up.'' He also added that the Annex to the draft Standard which details advice on measures to meet the standard, has been substantially simplified.

The next public consultation on the draft is due to take place on 19 May 2017.

A copy of the draft along with the template for consultation question submissions can be found on the IOSH website.

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Hostel owners sentenced over asbestos failings

Fines have been handed to two families after health and safety failings were found at a site in Manchester.

Hatters Taverns Limited employed sister company Hatters Hostel Limited as the main contractor to strip and refurbish the basement of the former restaurant, in order to be used as a bar venue.

The Health and Safety Executive (HSE) made an unannounced visit to the premises to inspect the ongoing refurbishments. It was found during this visit that no asbestos surveys had been carried out before tradesmen began stripping out the venue.

Hatters Taverns Limited pleaded guilty to breaching the Control of Asbestos Regulations SI 2012/632 and was fined £10,000.

Hatters Hostel Limited of Liverpool pleaded guilty to breaching the same Regulations and was fined £24,000 and ordered to pay the combined costs for both defendants of £10,232.50.

HSE inspector Matt Greenly said after the case: “Both Hatters Hostel and Hatters Taverns have failed in their duty to protect their workers, subcontractors and visitors to his site from harm. Asbestos related diseases are currently untreatable and claim the lives of an estimated 4000 people per year in the UK. Exposure to asbestos fibres can potentially cause life shortening diseases in the long term and Hatters Hostel Limited and Hatters Taverns Limited should have taken more care to protect workers from a totally preventable exposure. This case sends a clear message to any company that it does not pay to ignore well known risks on site.”

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Electricity supplier fined after worker killed

Electricity supplier, Electricity North West Ltd, have been fined following the death of a worker.

Mr John Flowers, an experienced linesman, died after falling 6 metres while carrying out routine maintenance on power lines. He had climbed a ladder which was resting against a wood pole, in order to trim ivy away from the power lines, and it is thought that Mr Flowers accidentally cut through his work positioning strap causing him to fall.

The Health and Safety Executive's (HSE) investigation into the incident found that the work has not been properly planned. The task of trimming the ivy off the pole should not have been carried out from a ladder, it was not short duration work, so a proper work platform such as a mobile elevated work platform, should have been provided to undertake the task.

The HSE found that there was a lack of information provided to the linesman and employees were not given information on how to safely carry out the work required.

HSE Inspector, Rose Leese-Weller commented: 'Electricity North West failed to ensure that working at height was properly planned, appropriately supervised and carried out in a manner that was safe. Had these steps been taken we may not have had this tragic outcome.'

Electricity North West Ltd were found guilty of breaches of the Work at Height Regulations SI 2005/735, and were fined £900,000 with costs to be agreed at a later date.

For more information, see the:

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Regulation (EU) 624/2017 (OJ:L93/30/2017) amending Annexes 2 and 5 to Regulation (EC) 396/2005 as regards maximum residue levels for bifenazate, daminozide and tolylfluanid in or on certain products

This Regulation amends Annexes 2 and 5 to Regulation (EC) 396/2005, on maximum residue levels of pesticides in or on food and feed of plant and animal origin, in regards to the maximum residue levels for bifenazate, daminozide and tolylfluanid in or on certain products.
Legislative background
Maximum residue levels of the…

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Regulation (EU) 624/2017 (OJ:L93/30/2017) amending Annexes 2 and 5 to Regulation (EC) 396/2005 as regards maximum residue levels for bifenazate, daminozide and tolylfluanid in or on certain products

This Regulation amends Annexes 2 and 5 to Regulation (EC) 396/2005, on maximum residue levels of pesticides in or on food and feed of plant and animal origin, in regards to the maximum residue levels for bifenazate, daminozide and tolylfluanid in or on certain products.
Legislative background
Maximum residue levels of the…

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

Comments Off on Regulation (EU) 624/2017 (OJ:L93/30/2017) amending Annexes 2 and 5 to Regulation (EC) 396/2005 as regards maximum residue levels for bifenazate, daminozide and tolylfluanid in or on certain products more...

Regulation (EU) 548/2017 (OJ:L79/1/2017) laying down a standard form for the written statement on the removal or breakage of a tachograph seal

This Regulation sets out the standard of reporting on broken or removed tachograph seal in a vehicle due to repair or modification.
Legislative background
This Regulation has been made in accordance to Regulation (EU) 165/2014, which sets out the administrative and technical requirements related to the construction, installation, use, testing and control…

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

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Regulation (EU) 548/2017 (OJ:L79/1/2017) laying down a standard form for the written statement on the removal or breakage of a tachograph seal

This Regulation sets out the standard of reporting on broken or removed tachograph seal in a vehicle due to repair or modification.
Legislative background
This Regulation has been made in accordance to Regulation (EU) 165/2014, which sets out the administrative and technical requirements related to the construction, installation, use, testing and control…

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

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Oil company fined 1.7 million after refinery explosion

The owner and operator of the Stanlow Manufacturing Complex in Ellesmere Port, Cheshire, Essar Oil UK, has been fined following an explosion at their refinery.

During the start up of the main distillation unit at the site, highly flammable hydrocarbons entered an unused furnace. Heat from a nearby furnace then triggered the explosion. The explosion caused several fires across the site.

Fortunately no one was injured in the incident, however the explosion which led to the collapse of internal structures, caused more than £20 million worth of damage.

An investigation into the incident by the Health and Safety Executive (HSE) found that the company had installed a safety critical valve incorrectly, and had failed to properly validate the operation of it. Furthermore the installation of a new safety critical trip was also found to have been inadequately assessed as the system had a bypasss line in place which defeated the operation of the trip system.

The HSE added that although it was company policy to isolate the main fuel lines to the furnace, a secondary fuel line had not been isolated during shutdown. It was this failure that allowed the hydrocarbons to enter the furnace.

Joanne Eccles, HSE principal inspector, commented: “The industry should take notice of this case; there were no injuries but mistakes were made and could have been prevented.”

Essar Oil UK pleaded guilty at Liverpool Crown Court to breaches of the Control of Major Hazards Regulations SI 1999/743 for failing to prevent a major accident. They were fined £1.65 million and ordered to pay costs of £57,645.

For more information, see the:

  • Control of Major Accident Hazards Regulations SI 2015/483.
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Deregulation Act 2015 (Commencement No. 7) Order SI 2017/273

This Order applies to England only and brought the following sections of the Deregulation Act 2015 into force on 10 March 2017:

section 73, on motor racing on public roads: general;
section 74, on motor racing: road closures; and
section 75, on motor racing: consequential amendments.

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

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