Recent and Forthcoming Changes in Health and Safety Law

In February 2005, the Health and Safety Executive decided to implement changes that arise from within the UK and from Europe on only two dates each year, i.e. the two common commencement dates of 6th April and 1st October.

Changes due to commence on 1st October 2006 are listed as:

• Respirable Crystalline Silica - Workplace Exposure Limit (WEL)

  Change in the WEL for respirable crystalline silica from 0.3 mgm-3 to 0.1mgm-3. The change will be implemented by amendment to HSE booklet EH40 Workplace Exposure Limits.

The Control of Asbestos Regulations 2006 arise from Europe and are not aligned to either of the common commencement dates, but are expected to become law in November or December 2006. The Regulations implement amendments to the existing EU Asbestos Worker Protection Directive to refocus protection onto maintenance workers at risk of accidental exposure to asbestos, such as electricians, plumbers and decorators. The Regulations simplify and clarify the regulatory regime, consolidating three sets of regulations into one and removing the licensing requirement from work with textured decorative coatings. Timing is a matter for Ministers and Parliament but the HSC aims to have the Regulations in place as soon as possible before the end of 2006.

The Coal Mines (Inhalable Dust) Regulations were due to commence on 1st October 2006, but due to a delay in the approval and subsequent manufacture of sampling equipment essential to meet the requirements of the Regulations, the coming-into-force date has been deferred to 1st October 2007.

Changes due to commence on 6th April 2007 are listed as:

• Work at Height (Amendment) Regulations

  Proposals to bring those paid to lead and train climbing and caving activities in the adventure activity sector within the scope of the Work at Height Regulations 2005. This will complete implementation of the Work at Height Directive (2000/45/EC). Consultation on the proposed Regulations runs until 31st October 2006.

• Indicative Occupational Exposure Limit Values (IOELVs) - Implementation of the European Commission's Second Directive on Indicative Occupational Exposure Limit Values

  Proposals for establishing Workplace Exposure Limits (WELs) for the 33 substances listed in the Directive are contained in a consultation document; the consultation period ended on 27th September 2006.

• Construction Design and Management Regulations

  A single set of key construction Regulations, mainly revising, simplifying and consolidating the Construction (Design and Management) (CDM) Regulations 1994 and the Construction (Health, Safety and Welfare) (CHSW) Regulations 1996. CDM 2007 will increase the focus on effective planning and management of construction projects, to improve risk management by ensuring responsibility is placed with those best placed to influence or manage it; reduce bureaucracy; and simplify and clarify the law for dutyholders, so they can easily understand what they (and other members of the construction project team) are required to do.

  As with the current CDM/CHSW Regulations, CDM 2007 will implement the Temporary or Mobile Construction Sites (TMCS) Directive. The UK (along with other Member States) is liaising with the EC on its review of the Directive. Should any EC concerns be identified which significantly impact on the proposal, the revision timetable will be subject to change.

• Chemicals (Hazard Information and Packaging for Supply) (Amendment) Regulations (CHIP 3.2)

  Implement the European Commission's Directive 2006/8/EC, which amends the Dangerous Preparations Directive (1999/45/EC), making minor changes to some of the rules and procedures used to classify and label preparations (mixtures of chemicals). A consultation is planned for this autumn.

• Biocidal Products (Amendment) Regulations 2007

  These amendment Regulations will make adjustments called for by three European Commission Regulations in switching on the provisions in the Biocidal Products Directive (98/8/EC) for certain classes of products. They also update and correct other references in the existing Regulations.

• Health and Safety (Fees) Regulations

  The HSE charges for safety case assessment, inspections and approvals in the permissioning regimes, i.e. onshore major hazards, offshore oil and gas and gas transportation. It also charges for work on a wide variety of statutory functions (mainly licensing activities, approving equipment and the testing associated with the issue of such licences and approvals). These Regulations update the fees and charges for these regimes.

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