Wind Power Overtakes Hydro
According to the Department for Business, Enterprise and Regulatory Reform (BERR) annual energy statistics published on 31st July 2008 (via the UK Statistics Authority website), in 2007 wind power generated more than 5% of the UK electricity supply, up from 4.6% in 2006, and for the first time exceeded hydro production. Non-renewable power generators preferred gas to coal as a fuel, and nuclear output continued to decline. UK gas production fell for the seventh consecutive year, down 10% in 2007, and imports exceeded exports for the third year in a row.
Last year, power generators found that gas was still more profitable to burn as fuel than coal, and its share of British supply increased from 36% in 2006 to 43%.
Domestic coal production fell by 6% and coal imports fell by 13% from a previous record high in 2006, due to lower demand from electricity generators.
Nuclear power supply fell to 15%, its lowest level since 1987, due to the difficulties of maintaining nuclear power plants approaching the end of their practical life.
Overall power supply fell by 1.1% to 402 TWh, the first year-on-year fall since 1997. Power consumption by UK industry fell by 0.5% and domestic household consumption fell by 1.2%.
UK is Less than Green
Two reports published by the Stockholm Environment Institute (SEI) based at the University of York, and the Centre for Integrated Sustainability Analysis (ISA) at the University of Sydney, challenge the official Government line that UK carbon emissions are falling. The documents demonstrate that instead of decreasing since the 1990s, UK greenhouse gas emissions have been growing in line with the economy. The discrepancy is caused by the Government excluding from its inventory emissions from aviation, shipping and imported goods, as they are allowed to do under internationally agreed methodology. In reality, total UK greenhouse gas emissions are 49% higher than the officially calculated emissions.
A report for the Department for Environment, Food and Rural Affairs (DEFRA) showed that rather than declining by 5% as ministers claimed, CO2 emissions increased by 18% between 1992 and 2004 when all emissions are counted. The DEFRA-SEI report was submitted in February 2008, but only made available publicly in an obscure press release on 2nd July 2008. In effect, UK carbon emissions have simply been exported to other manufacturing countries. The DEFRA-SEI report shows that as manufacturing in the UK has closed down, some of the production has shifted to countries where manufacturing is more carbon-intensive than it would be in the UK, such as China. Also, consumer demand has resulted in an increase in the volume and diversity of products being imported, leading to increased emissions from cargo shipping. Low-cost air flights have increased emissions still higher.
According to the SEI,who used a modelling approach called multi-region input-output analysis, under the Kyoto Protocol accounting method UK greenhouse gas (GHG) emissions in 2004 were 657 million tonnes. Total GHG emissions including imports and excluding exports in 2004 were 979 million tonnes. Consumer-based GHG emissions are 49% higher than the UK’s Kyoto-reported emissions.
The Cost of Workplace Accidents
On 1st August 2008, the Health and Safety Executive published a short version of its Economic Analysis Unit (EAU) appraisal values on workplace accidents and work-related ill-health for 2006 (Q3). The EAU appraisal values are used to estimate the benefits of proposed measures which aim to improve occupational health and safety, and to compare such benefits with the cost of Government intervention. The information can be read online at:
http://www.hse.gov.uk/economics/eauappraisal.htm.
The accompanying table shows that the total cost, that is the human cost, plus lost output and resource cost, for a fatality is £1,500,000; for a major injury £40,500; for other reportable injuries (absence over three days) £5,800; for a minor injury £350; and for an average case of ill-health £8,900.
HSE Issues Crane Safety Update
Following investigations into the Liverpool city centre crane collapse of 15th January 2007, the Health and Safety Executive has recently written to all crane hire and supply companies asking them to take forward certain actions which have arisen from the investigation into the collapse of a luffing tower crane in Liverpool. The inquest into the worker’s death on 8th July this year returned a verdict of accidental death.
The HSE sent to these companies and other key stakeholders a copy of an HSE technical report, Report on technical aspects of HSE's investigation into the collapse of a luffing tower crane at a Liverpool construction site on 15th January 2007, which sets out the most likely explanation for the collapse. The document can be downloaded from:
http://www.hse.gov.uk/construction/pdf/craneaug08.pdf.
Wind Farms and Radar
One of the problems with wind turbine arrays is that they can interfere with electromagnetic signals. Television, radio and mobile phone transmissions can all be affected, as can radar. Most wind farms are located in areas that are in general remote or uncongenial for settlement, but a recent proposal to construct a wind farm development between junctions 10 and 11 of the M4 motorway, capable of generating enough power for 5,500 homes and businesses in east Berkshire, has been scaled back.
A study found that only five wind turbines could be built after British Aerospace said the original plan for six could impact on the radar at Heathrow. The University of Reading, which is behind the scheme on its land adjacent to the M4 at Rushy Mead, agreed to the findings. On 7th August 2008, it announced that a planning application for a temporary wind monitoring mast on the site would now be submitted, with the purpose of collecting detailed on-site wind data, along with information already gathered by the Meteorological Office. The proposed wind farm would be funded and run by Partnerships for Renewables.
New ConDoc on Form Filling
In August 2008, the Health and Safety Executive published consultative document CD219, Removing forms and record keeping requirements, which deals with proposals to remove several legislative form-filling requirements that apply to most businesses operating from a factory, office or shop in Great Britain.
Two areas are affected:
- Premises notification - employers are currently required to fill out a form to notify the HSE or their local authority of any factory, office or shop premises, and certain railway premises, where employees work.
- The general register - factory employers are required to keep a set of records and forms called the general register.
The HSE proposes to abolish the requirements because:
- It maintains that the general register is obsolete, as legislative changes have overtaken the original purpose of this requirement.
- The premises notification requirement is redundant. The HSE obtains information on factory premises in other ways, as do many local authorities on offices and shops.
The document can be downloaded from:
http://consultations.hse.gov.uk/inovem/gf2.ti/f/6530/185285.1/pdf/-/cd219.pdf
Forthcoming EU Legislation
The European Council and European Parliament have reached an informal agreement on the text of a Regulation to implement the United Nations Globally Harmonised System for the Classification and Labelling of Chemicals (GHS) in the EU. The Regulation was formally adopted by the European Parliament in September 2008. It has still to be formally adopted by the Council and is expected to enter into force around the end of 2008/beginning of 2009.
The GHS aims to provide worldwide harmonised criteria for classifying substances and mixtures according to their health, environmental and physical hazards; and worldwide harmonised hazard communication elements, including requirements for labelling and safety data sheets.
This will be a direct-acting EU Regulation which, once adopted, will apply in all member states. For online guidance see:
http://www.hse.gov.uk/ghs/implications.htm.
HSE Critical of Offshore Hydrocarbon Releases
On 12th August 2008, the Health and Safety Executive posted a release on its website expressing concern at the continuing number of major and significant hydrocarbon releases in the offshore industry, often regarded as precursors to a major accident. Figures revealed that there had been no improvement in the numbers of this kind of incident during 2007/08. During the year, 517 dangerous incidents were reported, 40% of which were hydrocarbon releases. See:
http://www.hse.gov.uk/offshore/statistics/stat0708.htm.
The HSE considers that not enough emphasis is being placed on the control of potential major incident risks. The failure to reduce the number of hydrocarbon releases, together with an increase in the number of major injuries, suggests that basic safety systems are not being followed.
The Offshore Safety Statistics show that although there has been a reduction in minor injuries, the overall trend for such injuries does not show evidence of a significant decline, and the potential for minor injuries to have been major injuries remains ever present. The number of offshore major injuries rose from 39 to 44. Although there were no fatalities for the first time in three years, there were 12 fatalities in marine operations associated with offshore activities, including the “Bourbon Dolphin” incident in which eight lives were lost. The latter class of accident falls under the control of marine authorities.
UK Biofuels are Unsustainable
In the UK, biofuels account for 2.14% of road fuel against a target for the year of 2.5 %, and more biodiesel (86%) has been supplied than bioethanol (14%).
A survey commissioned by the UK Government and published by the Renewable Fuels Agency (RFA), the UK sustainable fuels regulator, reports that 80% of the fuel supplied by forecourt pumps fails to meet basic industry standards for sustainable production.
The purpose of the RFA survey was to calculate the possible greenhouse gas savings accrued by UK imports of biofuel feedstock according to its country of origin, but it found that manufacturers were unable to state where almost half the biofuels they supplied had been grown.
The figures suggest that the climate benefits of substituting plant products for fossil fuels in the UK were least for Brazilian soya oil, which is widely used to make biodiesel but brought a saving over conventional fuels of only 10%. In contrast, Brazilian sugar cane, which is fermented to make ethanol, brought a saving of around 70% on greenhouse gas emissions. Cooking oil and tallow of developed world origin brought savings greater than 80%. Oil-seed rape or canola, grown in Europe and North America, brought gains of about 30%, and Asian palm oil around 40%.
The RFA warns that figures suggesting climatic benefits from some biofuels are misleading and could conceal the fact that they are doing harm to the environment, because the adverse impacts of clearing rainforests and draining peat swamps for biofuel cultivation are not currently assessed.
The documents can be downloaded via:
http://www.dft.gov.uk/rfa/reportsandpublications/rtforeports.cfm.
Update on Work Equipment and Machinery Legislation
The Health and Safety Executive has made available online updated information on legislation concerned with work equipment and machinery at:
http://www.hse.gov.uk/equipment/legislation.htm.
It covers the Provision and Use of Work Equipment Regulations 1998, the Lifting Operations and Lifting Equipment Regulations 1998, and the Supply of Machinery (Safety) Regulations 1992, as amended by the Supply of Machinery (Safety) (Amendment) Regulations 1994.
Lords Science Committee Report on Waste Reduction
On 20th August 2008, the House of Lords Science and Technology Committee published a report entitled Waste Reduction, which calls on the Government to restructure local authority waste targets, which currently focus on decreasing the weight of domestic waste sent to landfill. The Committee says such waste makes up only a small proportion of all waste produced in the UK (around 9%). It wants a more 'holistic' approach to waste reduction, by amending the costs and targets imposed on local authorities to allow them to address commercial and industrial waste by providing support and more efficient disposal facilities to business. Instead of solely making demands of consumers, Government should concentrate on reducing the high waste levels of companies by introducing true individual producer responsibility.
The report recommends using variable VAT rates to cut unsustainable consumption of raw materials. It also suggests amending VAT rates for servicing and repairing existing products, as such a change could lead manufacturers to adapt their business model to encourage more sustainable consumption among their customers.
The Committee complains about the growth of 'fast fashion' and points out that the increased use of cheap fabrics for clothes intended to be worn for a short period of time and then thrown away makes recycling of fabric more difficult and is reflective of an increasingly throwaway society. The report suggests that the VAT regime be reformed so that products that have a long life cycle, or can be easily and cheaply repaired rather than replaced, are made economically more attractive.
The report is available from The Stationery Office (House of Lords Science and Technology Committee, 6th Report of 2007/08, HL Paper 163).
Downwind Transport of Legionella
Legionella bacteria are found everywhere in surface waters and sometimes in groundwater. The most likely sources of human exposure are cooling towers and water distribution systems (including showers and air conditioners), in addition to treatment ponds for industrial sites. It is well known that Legionella bacteria can survive in biological treatment ponds and elsewhere, but less is known about how far pathogenic strains of legionellae can travel in air. A research paper by Martha Blatny et al, “Tracking airborne Legionella downwind”, was published in the American Chemical Society journal, Environmental Science and Technology, and describes modelling experiments on how Legionella bacteria might be carried by wind from aeration ponds at a wood-processing facility in Norway. The paper reference is DOI 10.1021/es800306m.
The research followed an outbreak in Norway of legionellosis, or Legionnaires’ disease, which killed ten people and hospitalised another 50 in 2005. An epidemiological study of that incident found the source to be an air scrubber at a wood-processing plant about 10 km away from where the human casualties were infected. The facility also housed aeration ponds that are known to harbour many types of microbes, some of which may be pathogenic, and including strains of Legionella bacteria.
The researchers modelled the wood-processing plant’s air space, using computational fluid dynamics and weather data. They considered wind flow and other factors to work out exactly where to place air monitors at various heights and locations around the buildings to capture airborne Legionella. They found they could accurately predict the airborne path of aerosolised Legionella within the plant’s footprint, and their monitors captured several different species, depending on weather conditions and each monitor’s height. They also found that the bacteria travelled 200 metres downwind, in this case remaining within the compound, where workers might inhale the bacteria.
They established whether the captured bacteria were viable and infectious by using real-time polymerase chain reaction and other techniques to examine the samples, but the serotype of Legionella pneumophila trapped by the monitors turned out not to be the type most likely to cause infections. However, the monitoring techniques used by the team have confirmed that air transport from treatment ponds is possible, although limited by the need of the bacteria for water.
Landfill as a Resource
An unexpected side effect of the rising price of oil is a surge in the price of plastic waste, the bane of landfill sites. Waste companies are beginning to find it profitable to mine plastic waste from rubbish tips for recycling. Prices for high quality plastics, such as high-density polyethelenes, have more than doubled to between £200 and £300 per tonne, compared to £100 in 2007.
UK landfill sites could yield an estimated 200 million tonnes of old plastic, worth around £60 billion at current prices, which could be recovered and recycled or converted to liquid fuel.
Plastic waste recovery pilot projects are already under way in several countries. A Global Landfill Mining Conference took place in London on 9th October 2008 to consider the issues on an international scale.
The Organisation for Economic Co-operation and Development (OECD) predicted that the global amount of domestic rubbish thrown out will rise to about 3 billion tonnes a year by 2030 from 1.6 billion tonnes in 2005, representing around 1 kg per person per day in 2005. The richer countries currently send half their waste to landfill, but the OECD projected that the rate will fall to 40% by 2030 as governments promote recycling of metals, glass and paper, or incineration to generate heat or electricity.
Scottish Wind Farm Rejection
On 28th August 2008, the German utility group, E.ON UK, said it would appeal against a local government refusal to grant planning permission for a wind farm at Auchencorth Moss in Scotland. Its proposal to build a 45-megawatt onshore wind farm near Penicuik was rejected by Midlothian Council in February 2008.
The company claimed that its proposal would comply with Scottish Government and Local Plan policy with minimal impact on the environment and the local population. The 18-turbine wind farm would have the capacity to supply up to 24,000 homes, representing a saving of over 43,000 tonnes of carbon dioxide emissions each year.
E.ON has fallen foul of a piece of legislation which states that planning decisions on wind farm projects of over 50 megawatts must be taken by central government in Scotland or London; but for smaller capacity projects, planning decisions are made by local government.
New European Certification Standard
On 16th September 2008, a new European Certification Standard was introduced by the European Network of Safety and Health Professional Organisations (ENSHPO).The qualification EurOSHM (European Occupational Safety and Health Manager) is a voluntary European certification standard for occupational safety and health (OSH), intended to help verify the competence of OSH professionals with professional remits across several European countries.
The Institution of Occupational Safety and Health (IOSH) is a founding member of ENSHPO and its secretariat, and has been active in developing the standard. The hope of IOSH is that the standard will eventually help achieve a common standard of health and safety practice throughout Europe and enable easier recognition of equivalent qualifications across member states.
The Certification Committee was set up in 2007 to oversee the scheme, working with Swiss-based IFE (Institut für Ergonomie) GmbH who administer the standard and the registration process.
ENSHPO is already working on producing a technician-level European standard in the near future.
Chartered Members and Fellows of IOSH are eligible to apply for the EurOSHM.
Further information is available at:
Is Your Flight More Likely to Run Out of Fuel?
European regulations require that every commercial aircraft carry a contingency load of fuel equivalent to 5% of the amount necessary to complete the flight, in order to cover a situation where the aircraft may be diverted to an airport other than its logged destination. The safety reserve is also intended to provide extra fuel in anticipation of delays due to head winds or storms.
In late August 2008, the UK Civil Aviation Authority (CAA) revealed that the number of emergencies declared in British airspace due to fuel shortages had doubled in the five-year period 2003-2007, corresponding to the rapid rise in the cost of crude oil. In 2003, there were 11 such incidents; but in 2007, 27 aircraft were given a priority landing right. Also in 2007, there were another 18 maydays caused by fuel shortages, which require airports to prepare for emergency landing with fire tenders standing by.
Aircraft pilots have the right of discretion to decide how much extra fuel they need as a safety reserve, but the CAA numbers tend to suggest that commercial pressure is being placed on pilots by their employers to curtail marginal fuel demand, thus threatening to compromise passenger safety.
Fudging the Biofuels Target
According to UK Government data issued on 5th September 2008, Britain is meeting its initial 2.5% target for biofuels use in vehicle fuels under the Renewable Transport Fuel Obligation (RTFO) which came into force on 15th April.
A report issued by the Renewable Fuels Agency put biofuels use in the first two months of the programme at 2.53%, but there is heavy reliance upon imports. The UK produced only 10% of its biofuel consumption, well behind the United States at 27%, and Brazil at 15%. Some 32% of the biofuels used in the UK were classified as being of unknown origin.
The British Government does not currently require that environmental standards are met in regard to biofuel production, and critics fear that expanding production of such feedstocks as palm oil is contributing to rainforest destruction in south-east Asia.
UK biofuel importers do not know the origin of their products, and it is thought that many types of unsustainable biofuels are being allowed to slip in unregulated.
The most important feedstock for biodiesel is stated to be soy, mainly from the United States, while the bulk of bioethanol was produced from Brazilian sugar cane.
Right of Protest and Legal Duties of Employers
On 10th September 2008, a jury at Maidstone Crown Court found by majority verdict that six activists from the environmental group Greenpeace were not guilty of causing £30,000 worth of criminal damage when they closed down the coal-fired Kingsnorth power station in North Kent last year in a climate change protest. The six accused scaled the chimney of the power station and painted "Gordon" on it in large letters, calling on the Prime Minister not to allow new coal plants to be built without the technology to capture carbon emissions. Their intention was to paint the slogan "Gordon bin it", but they were prevented from doing so when they were served with a High Court injunction while still on the 200-metre-high stack.
The plant owner E.ON plans to redevelop the plant without carbon capture technology, but has offered to leave space for it to be retrofitted when it becomes commercially available. At present, Kingsnorth emits 20,000 tonnes of carbon a day.
The court decision apparently allows a direct action group to shut down a coal-fired power station because of the damage it causes to the global atmosphere. It also carries health and safety implications for plant operators. In this case it seems reasonable to assume that the activists who scaled the chimney were trained, experienced and properly equipped to perform such an action, but the owner of the plant had clearly not foreseen the situation and taken steps to control it. Intruders had entered the premises, with their equipment, and forced a plant shutdown, all actions that could present a risk to employees. The court decision has introduced a new factor to be considered in risk assessment.
HSE Warning on Mobile Cranes
On 10th September 2008, the Health and Safety Executive issued a warning to the construction industry of the need to ensure that mobile crane operations are properly planned and supervised. The warning followed an HSE prosecution of two construction companies after a 35-tonne, truck-mounted telescopic crane overturned due to one of the supporting outriggers sinking into the ground. The crane driver was forced to leap to safety and a 5.7-tonne beam that was being lifted into place narrowly missed two employees as it fell. The incident took place on 27th February 2007 at Lingley Mere, Great Sankey, Warrington, where a new fire control centre was under construction.
At Warrington Magistrates’ Court the main contractor, AMEC Group Ltd of Northwich, was fined £10,000 and ordered to pay £9,143 costs for breaching Section 3(1) of the Health and Safety at Work, etc. Act 1974; and the crane operator, Leach Structural Steelwork Ltd of Preston, was fined £10,000 and ordered to pay £9,143 costs for breaching Section 2(1) of the same Act.
The incident could have led to multiple fatalities and was caused by deficient planning and supervision of the lifting operation. The crane overturned because it was being operated, with the knowledge of both companies, in a part of the site that had not been prepared for such activities. The roadway was not wide enough to accommodate the outrigger spread of the crane.
Forthcoming Standards on Health and Safety
The British Standards Institution has announced that it is soon to publish two health and safety standards:
- BS 18004, Guide to occupational health and safety management, which provides guidance for an occupational health and safety (OH&S) management system or the OH&S elements of an organisation's overall management system, to enable an organisation to control its OH&S risks and improve its OH&S performance.
- BS OHSAS 18002, Occupational health and safety management systems - Guidelines for the implementation of OHSAS 18001:2007. This standard will provide generic assistance to an organisation for establishing, implementing or improving an OH&S management system and demonstrate successful implementation of OHSAS 18001. It is a companion to BS OHSAS 18001, which specifies requirements for an OH&S management system to enable an organisation to develop and implement a policy and objectives which take into account legal requirements and information about OH&S risks.
HSE Waives its Right to On-the-Spot Penalties
The Regulatory Enforcement and Sanctions Bill gained Royal Assent at the end of July 2008. The Bill allows regulatory authorities to apply through ministerial order for civil sanction powers designed to provide “more appropriate and efficient alternatives” to criminal prosecution. This includes on-the-spot fines in the form of fixed penalty notices or variable fines. There is also provision to issue enforcement undertakings, which are legal agreements requiring an offender to carry out specific activities to improve health and safety.
The Health and Safety Executive is of the opinion that there is no enforcement gap for health and safety enforcers, and hence no need for the HSE and local authorities to adopt these alternative penalties. The Local Authorities Co-ordinators of Regulatory Services disagree with the HSE. They think that additional sanctions would be useful, but they can only request them with the agreement of the HSE.
Government Inquiry into Construction Deaths
After disappointing statistics and lobby pressure from trade unions, the Department for Work and Pensions has commissioned the Health and Safety Executive to conduct an investigation into continuing fatalities in the construction industry.
The HSE will carry out its investigation by engaging independent external researchers to examine the underlying causes of fatal accidents in construction, including the issue of vulnerable workers, and identify levers for change both within and beyond the health and safety system.
According to the latest figures, there were 72 fatal injuries in construction in 2007/08, representing a rate of 3.4 deaths per 100,000 workers. The average yearly rate over the last five years has been 3.6 per 100,000.
UK Energy Crisis Gloom
At a press conference held at the Royal Institution on 16th September 2008, the nuclear power protagonist organisation Fells Associates presented a report entitled A Pragmatic Energy Policy for the UK. The privately commissioned report draws attention to a looming energy crisis likely to result in prolonged electricity power cuts in the UK in around five years’ time unless urgent action is taken now to forestall the severe social and economic consequences. One third of British nuclear generation capacity is due to be decommissioned by 2020, but new replacement reactors will not be ready in time, implying the loss of 23 gigawatts of electricity generation capacity by that date.
The report argues that over the last 25 years, successive governments have failed to create a coherent, realistic and structured energy policy for the UK. British climate and energy policy is described as incoherent and in need of an overhaul. It has already resulted in the UK being forced to accept energy prices far in excess of its European counterparts. The present short-term and the long-term crisis of energy supply in the UK is attributed to piecemeal legislation arising from the lack of technical and engineering understanding on the part of Government in terms of what can be built within a short timescale.
The UK target is to generate 10% of electricity from renewable sources by 2010, but on the basis of current performance it will be around 6%. The European energy plan requires 20% renewable energy by 2020, meaning that around 40% will be renewable electricity. At present, Government figures show that subsidies for renewables in 2007 amounted to £1 billion. If that figure were extrapolated, the subsidies would be around £25 billion by 2020. Thus renewables will not fill the impending energy gap, implying that old nuclear and coal plants will have to be kept going while new ones are built urgently.
The report does suggest some possible short-term initiatives, including more inter-connectors to Norway, Germany, France and the Netherlands; increased strategic gas storage capacity; using municipal incinerators to generate power from waste and reduce landfill; extending the life of coal-burning plant beyond 2015, despite the EU Emissions Directive; more nuclear plant operating-life extensions; and an urgent start to the nuclear new-build programme. Government assistance for research into industrial-scale carbon capture and storage technology should be made available as a matter of urgency.
The recommendations in the report have upset both the Government and environmentalists.
Who Investigates Health and Safety Legislative Breaches
The scope of Section 3 of the Health and Safety at Work, etc. Act 1974 is very broad in that it places general duties on employers and the self-employed towards people other than their employees, including members of the public. The Health and Safety Executive has revised its policy for enforcing authorities on dealing with public health and safety risks from work activities. In essence it concerns how the enforcing authorities may prioritise and exercise discretion when determining action, including selecting incidents for investigation where a breach of Section 3 is suspected.
The HSE has decided that enforcing major and high hazards, including the nuclear industry and construction, will remain its high priority, along with the most serious risks to public health and safety from work activities. The HSE and other enforcing authorities will generally give less priority to the enforcement of Section 3 in areas outside the listed high priorities. They note that there are many situations where work activities that may give rise to risks to health and safety are regulated by other authorities, using legislation that may address circumstances which are also relevant to health and safety at work issues.
Under the Regulators’ Compliance Code and the regulatory principles required under the Legislative and Regulatory Reform Act 2006, the HSE is required to ensure that, wherever practicable, enforcement action by the health and safety enforcing authorities is effectively co-ordinated with that of other relevant enforcing authorities to minimise unnecessary overlaps and time delays.
If the HSE finds from initial enquiries that a breach of Section 3 was or is the probable cause of, or a significant contributory factor to, a reported injury or risk, the HSE and other enforcing authorities will consider investigating if it is suspected that there was or is a high level of risk; or if enforcing authorities need to act or investigate in the interests of justice. The decision on which authority will lead an investigation will depend on the most relevant specific legislation covering the circumstances of the alleged breach.
CO2 Seabed Storage Under the Irish Sea
In September 2008, Government geologists from the Geological Surveys of Northern Ireland, the Republic of Ireland and Great Britain announced the results of an assessment study on potential locations where CO2 captured from hydrocarbon- burning power stations could be stored or sequestered safely underground. The model is for captured emissions to be transported by pipeline and injected into subsurface rocks for storage, perhaps for millennia. European Union policy is to promote carbon capture storage technology through a series of demonstration projects. The UK Government is expected to announce a pilot project later this year. The study included a number of offshore sedimentary basins between Northern Ireland and Scotland, recommended for further investigation in order to determine if they could be used to safely store CO2.
Chemicals (Hazard Information and Packaging for Supply) (Amendment) Regulations 2008
The Chemicals (Hazard Information and Packaging for Supply) (Amendment) Regulations 2008 came into force on 1st October 2008. The Regulations implement into UK legislation European Commission Directive 2006/8/EC, commonly known as the second Adaptation to Technical Progress of the Dangerous Preparations Directive (the 2nd ATP).
The amendments and changes do not affect the main CHIP legal duties, but do adjust:
- The rules and procedures for classifying and labelling a chemical preparation containing carcinogens, mutagens or substances toxic for reproduction.
- The generic concentration limits to be used for the evaluation of the hazards for the aquatic environment.
- The classification and labelling requirements for preparations containing ozone-depleting substances.
The Directive also clarifies and makes more consistent specified warning phrases on labels for certain preparations.
A Web copy of the Chemicals (Hazard Information and Packaging for Supply) (Amendment) Regulations 2008 can be downloaded from:
http://www.opsi.gov.uk/si/si2008/uksi_20082337_en_1.
A PDF version of the Regulations is available at:
http://www.opsi.gov.uk/si/si2008/pdf/uksi_20082337_en.pdf.
The explanatory memorandum can be accessed at:
http://www.opsi.gov.uk/si/si2008/em/uksiem_20082337_en.pdf.
Hospital-Acquired Infection Deaths Double in Two Years
General Register Office for Scotland statistics published in September 2008 reveal that the number of deaths involving the Clostridium difficile intestinal bacterium rose to 597 deaths in 2007, compared with 313 deaths in 2005.
The figures showed there were 180 cases in the Greater Glasgow and Clyde Health Board area last year in which C. difficile was either the underlying factor or a contributory factor in someone's death. However, the recent statistics do not include all the deaths in an outbreak at the Vale of Leven Hospital in Alexandria, West Dunbartonshire, where 55 people were infected by the bacterium between December 2007 and June 2008. In that outbreak, C. difficile was listed as the primary cause of death in nine patients, and a contributory factor in another nine.
The number of cases in 2006 was 417 across Scotland.
EU Downgrades Biofuels from Crop Sources
A panel of EU lawmakers voted on 11th September 2008 to lower their target for using biofuels from crops in petrol and diesel as part of the European plan to fight climate change. The move could curb the growth of the export market for biofuels from such countries as Brazil, Malaysia and Indonesia, as well as European farming nations.
The European Commission Executive originally proposed that 10% of all road transport fuel should come from renewable sources by 2020, without specifying how much of that should be biofuels, renewable electricity or hydrogen. Now the European Parliament Industry Committee has endorsed the overall 10% target, but voted that at least 40% of it be achieved with electricity or hydrogen from renewable sources, or second-generation biofuels from waste. That would leave just 6% of the overall target coming from biofuels made from grains and other food stocks. The committee thinking was that there should be safeguards against the damaging impact of agri-fuels in the EU directive.
The decision will serve as the European Parliament's position in negotiations with the 27 EU member states later this year or early in 2009, to review and refine the legislation.
Warning to Local Authorities on EU Waste Targets
Local authorities in England were warned in a report published by the parliamentary Audit Commission in September 2008 that they face multi-million-pound fines if they miss EU targets on cutting landfill waste. The Audit Commission stated that delays in building incinerators could lead to councils missing the targets, which come into force in 2010. The local authorities are likely to meet the first EU target of reducing landfill waste to 75% of 1995 levels by 2010, but there was far less certainty about the second target of 50% by 2013.
The Commission said investment in waste disposal technologies that converted waste into energy or fuel would have the most significant impact on landfill reduction, but warned that delays in building incinerators and other forms of disposal pose the greatest threat to meeting the targets. Incinerator building projects are major and often controversial issues with a minimum cost of £20 million and a completion time of ten years.
If the local authorities fail to meet their individual targets, the taxpayers in their areas will face paying fines of up to £2 million. The report said about 30 new waste disposal plants would be needed, which would divert more than six million extra tonnes of rubbish from landfill. Around 20 to 30 plants are already in the pipeline, but the report said councils must push ahead with the projects as a two-year delay to schemes already under way could end up costing £140 million in fines by missing the 2013 targets. The Audit Commission concluded that if all the planned projects are built, the 2013 goal could be met.
Nitrogen as a Greenhouse Gas
Recent research published in scientific journals has placed increasing emphasis on the contribution of nitrogen to global climate change. So far the importance of the nitrogen cycle, which is more complicated than that of carbon, has been overlooked in favour of carbon dioxide. For example, there is a “missing greenhouse gas” in the form of nitrogen trifluoride, which is used in the production of semiconductors and in liquid-crystal displays found in many electronics. Nitrogen trifluoride is not one of the six gases covered by the Kyoto Protocol, but it is around 17,000 times more potent as an atmospheric warming agent than carbon dioxide. Worldwide emissions of the substance into the atmosphere in 2008 are estimated as equivalent to the total global-warming emissions from the country of Austria.
The concern is over reactive nitrogen in the environment (such as nitric acid, nitrous oxide, ammonia and nitrate) and not the inert nitrogen that makes up 80% of our atmosphere. Such reactive forms of nitrogen are being released at an increasing rate as the Arctic warms and the tundra permafrost thaws, allowing the once frozen soil to release carbon and nitrogen into the atmosphere. There is also the massive over-use of nitrates as fertiliser in intensive crop cultivation.
An initial effect of nitrogen release is to stimulate algal blooms, often leading to the process of eutrophication and the creation of toxic dead zones in water masses, as in the Gulf of Mexico. At present there is an absence of control by state regulators, and an additional problem in the environmental complexity of the nitrogen issue.
UK Default Retirement Age
A legal challenge to the UK default employment retirement age was brought by a branch of Age Concern (called Heyday) last year under the Employment Equality (Age) Regulations 2006, but in late September 2008 it was rejected by the Advocate General, meaning that the age of 65 will continue to be the retirement age in Britain. The Advocate General is a senior legal advisor to the European Court of Justice (ECJ) and said that having a default retirement age is not necessarily contrary to EU rules.
However, all retirement age-related cases going through the Employment Appeals Tribunal process (around 250 cases) have been stayed until a decision has been made by the ECJ. The Advocate General’s written opinion on the review is not definitive, as the advice is not always followed by ECJ judges. The Advocate General confirmed that the EU Directive requires age discrimination to be justified, so the UK Government must prove that to the High Court in London if the ECJ agrees with his finding. The final ECJ judgment is expected to be published before the end of the year.
IOSH Team in World Conker Championship
A team of health and safety officers entered the World Conker Championship this year, sponsored by the Institution of Occupational Safety and Health. The move was intended to dispel the derided image of health and safety, attributed to over-zealous enforcement of petty rules by minor officials acting under the terms of their own risk assessments. That includes making children wear protective goggles when playing conkers in school playgrounds. The championship has been run by the Ashton Conker Club annually since 1965 and was held in Ashton, Northamptonshire, on 12th October 2008. The event was attended by around 500 entrants from all over the world. Unfortunately the IOSH team were eliminated in the first round of the competition. Nonetheless, IOSH hope to emphasise the message that you have to manage risks, not ban them.
Landfill Waste to Fertiliser
In late September 2008, it was announced that following approval by the County Council Planning and Regulation Committee, two lagoons with a combined capacity of 13,482 cubic metres will be created for a landfill site at Whisby Road in North Hykeham, Lincolnshire, to recycle landfill waste into plant fertiliser.
The methodology proposed by the developer, Waste Recycling Group, is to pump leachate (the liquid which emerges from decomposing waste) into the lagoon water, where bacteria will break down contaminants. The end product will be used to irrigate and fertilise willow coppices on parts of restored landfill sites, rather than the current system of taking waste away from the site in road vehicles to be processed elsewhere. However, local planners rejected proposals for two other lagoons measuring 18,769 cubic metres at the Lea Road facility in Gainsborough.
Local Authority Environmental Health Officers are expected to carry out full odour assessments before the project can proceed.
October Legislative Changes
On 1st October 2008, the rules requiring an employer to display an employers’ liability insurance certificate changed, so that the requirement will now be satisfied if the certificate is made available in electronic format and is reasonably accessible to relevant employees.
From the same date, the display of Energy Certificates is required in buildings with a floor area greater than 1,000 m² in cases where the building is occupied in whole or part by public authorities or institutions providing public services to a large number of people who frequently visit the building.
The first parts of the Regulatory Enforcement and Sanctions Act 2008 came into force on 1st October 2008 to create a new body known as the Local Better Regulation Office, to provide advice for central Government on the way that local authorities regulate, to ensure a more consistent and risk-based application of regulation for businesses.
Proposed Amendment to the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations
The consultation period for Department for Transport ConDoc CDG 2008 on the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 expired on 3rd October 2008. The document sets out the options for transposing the Dangerous Goods Directive (DGD) into UK legislation, effective from 1st July 2009.
The proposed new Carriage of Dangerous Goods Regulations (to be known as CDG 2009) will be in ten parts with two schedules, and aim to provide more direct referencing of RID and ADR. Separate regulations will be made to cover substances regulated by RID and ADR that are only dangerous to the environment. A further change proposed is that transport of dangerous goods by the armed forces (MOD) will be removed from the regulations and will be subject to internal operating instructions and a formal agreement of understanding.
Mercury Poisoning Investigation
The Health and Safety Executive announced in early October 2008 that an investigation was being made into the exposure of workers at a West Yorkshire recycling company to mercury. Employees at the Electrical Waste Recycling Co. Ltd facility in Huddersfield had been placed at risk of poisoning by removing and recovering mercury from fluorescent light tubes.
Most of the company's employees were examined by occupational health and hygiene practitioners and, after a risk assessment at the site, a specialist cleaning of the unit and office facilities was undertaken. Medical checks on the employees found them to be free of mercury.
The “Cutty Sark” Fire
In October 2008, a Metropolitan Police news release gave information on the causes of the fire, which on 21st May 2007 nearly destroyed the historic 19th-century clipper ship, “Cutty Sark”. An industrial vacuum cleaner being used as a dust extractor below decks during restoration and conservation work was accidentally left switched on over a weekend. The imported equipment did not have a cut-off switch to prevent overheating because it had been adapted for a lower UK power voltage.
The workers involved in the renovation work were found to have neglected safety precautions, including leaving electrical equipment plugged in, failing to remove debris and leaving loose electrical connections. There was no fire marshal inspection before the weekend that could have helped to prevent the incident, and it was unclear whether fire alarm tests had been completed properly in the weeks before the blaze.
The extractor overheated and ignited a fire, which caused £10 million of damage. Two security guards failed to complete their patrols of the ship during the night and the fire remained undetected until it had spread. The fire burned through each of the ship's three decks, destroying all the building work structures and tools on board.
Herbicide Contamination Poisons Vegetable Crops
Following countrywide complaints from allotment holders about stunted green leaf and tuber vegetable crops this year, the Royal Horticultural Society was informed and their investigation found that manure used on the plants had been contaminated by weedkiller. Further analysis narrowed down the manure source to one farmer. The contaminated manure had spread through the distribution chain, affecting consumers, farmers and nurseries.
When the number of cases reported nationwide rose to around 20 per week, the Government’s Pesticides Safety Directorate (PSD) began its own investigation. They discovered that the agent was the weedkiller, Aminopyralid, a hormone-based herbicide that first came onto the market in 2005, used to control docks, thistles and nettles in pasture without harming the grass itself. It had been applied to pastures that were then grazed by livestock. The animals ingested the weedkiller and passed it out as contaminated manure. In some cases the poisoned manure was produced by animals that had been fed hay or silage produced from pastures which had been sprayed with the substance.
The herbicide binds strongly to the woody material called lignin, which is present in the cell walls of grass and other plants and gives them their supportive structure. Lignin is not decomposed during digestion and breaks down only when allowed to degrade aerobically in the soil (which can take up to a year or more). The herbicide manufacturer, Dow AgroSciences, advises farmers not to sell manure produced from cattle or sheep that have been grazed on pastures which have been so treated. The conclusion was that farmers have been ignoring the safety instructions for the product. Dow AgroSciences has withdrawn the product and the PSD has suspended the approval of all products containing Aminopyralid pending further investigation. Unfortunately, grass treated a year ago is still being fed to animals and contaminated manure has been sent all over the country, where it is still waiting to be spread onto gardens and allotments. There were also concerns about the safety of food produced where the manure has been used, although Aminopyralid is not currently classed as hazardous.
Pending the outcome of possible legal action by aggrieved gardeners over misuse of chemicals, the offending substance can only be removed from the environment by the Department for Environment, Food and Rural Affairs placing a ban on its use.
Chemical Curry
On 7th October 2008, it was reported that a survey by West Yorkshire Trading Standards based on 66 takeaway curries had found that 25% of their samples contained illegal levels of potentially harmful chemicals, and 27% contained illegally high levels of artificial colour. Nearly all the samples were coloured with a mixture of tartrazine (E102), sunset yellow (E110), ponceau 4R (E124), carmoisine (E122) and allura red (E129). The Trading Standards officers sampled the same type of curry, chicken tikka masala, at each takeaway visited.
The Food Standards Agency has called for the use of these artificial colouring agents to be phased out because of their harmful effects on children in the form of increased levels of hyperactivity. Current legislation permits curry sauces to contain up to 500 mg/kg of artificial colour, but the Trading Standards survey found one sample to contain five times this level. Sweets are allowed to contain up to 300 mg/kg of colouring agent, but the survey showed that the worst curry contained the equivalent amount of colour as 3.6 kg of brightly coloured sweets.
New Guidance on Employers’ Liability Compulsory Insurance
A revised Department for Work and Pensions/Health and Safety Executive guide for employers on the Employers’ Liability (Compulsory Insurance) Act 1969 has been made available online at:
http://www.hse.gov.uk/pubns/hse40.pdf.
It includes advice on complying with the regulatory changes that came into force on 1st October 2008. The changes permit the display of employers’ liability compulsory insurance certificates electronically and the requirement to keep copies of out-of-date insurance certificates is removed. However, employers are strongly advised to retain a complete record.
Rise in Ozone Deaths Predicted
A study published in October 2008 by the Royal Society found that ground-level concentrations of ozone, the reactive pollutant created when sunlight hits a mixture of gases in the air, have risen by 6% per decade since the 1980s. Background levels of ozone have increased by about 2 parts per billion (ppb) per decade since 1980, rising to damaging levels of 35-40 ppb in most of the industrialised countries of the world. The ozone layer has a shielding function in the higher levels of the atmosphere, but at ground level it is a respiratory irritant and damaging to human health.
The World Health Organisation opinion is that ozone causes effects on human health at levels above 50 ppb, but the Royal Society study found that impacts have been seen at levels of 35 ppb. According to the European Environment Agency, over 21,000 premature deaths each year are associated with ozone in the European Union.
In 2003, some 1,582 UK deaths were attributed to ozone. The Royal Society study projected that with more emissions in the future, coupled with the effects of climate change, the figure will rise by 51% and result in 2,391 deaths by 2020. If no limit is put on the level at which ozone can affect health, then the increase in ozone is likely to result in a 15% rise in deaths from 11,272 to 12,930 over the same period. There will also be an effect on crop yields. Climate change and ozone levels are inextricably linked.
The report suggests that no single country can tackle the problem on its own; it must be dealt with on a global basis, as ozone is one of the most pervasive of air pollutants. It is transported far from its point of origin by weather systems and jet streams, along with the pollutants that lead to its formation. In the UK, the background ozone is received mostly from outside of Europe.
Ozone has become a global pollutant with direct impact on human health, crop production, ecosystems and climate, but at present control strategies are country or region based, and therefore largely ineffective. A co-ordinated global strategy is necessary to bring ozone within an international framework for controlling air pollutants. The report suggests that a reduction of methane emissions would contribute both to the reduction of climate change and ozone pollution.
Biocontrol Agents for Japanese Knotweed
The alien plant, Japanese knotweed (Fallopia japonica), was first introduced to the UK in 1840 as an ornamental plant, but soon escaped into the environment where it has become a ubiquitous invasive plant that is a costly and time-consuming nuisance to control. The plant grows very rapidly (one metre per month) and chokes out other native life; and it can tolerate a wide range of temperatures, soil conditions, pH and salinity. In addition to damaging plant biodiversity, it also causes problems for hard structures, such as buildings, paving stones and flood defences.
Knotweed has no natural predators in the UK and attempts to control its population by biological means have been the focus of recent research. Researchers working for a consortium of government sponsors visited Japan and identified 186 species of plant-eating insects and about 40 species of fungi that attack knotweed. The researchers tempted them with plant species that were very closely related to knotweed, less closely related species that belonged to the same family, and important UK plants such as apples and wheat. They found two suitable candidates, a sap-sucking psyllid insect (Aphalara itadori) and a leaf spot fungus from the genus Mycosphaerella.
It is thought that if these species are introduced to the UK it will bring knotweed under control, although not eradicate it. The proposal has not yet been approved by the Department for Environment, Food and Rural Affairs, but it would be the first time that a biocontrol agent has been used in Europe to fight a weed.
It is worth noting that introducing alien predators to control an exotic species has been tried a number of times before in other parts of the world, often with disastrous and unforeseen results. Predators may adapt to easier prey targets in their new environment and become invasive themselves (examples include the cane toad in Australia, the seed-feeding weevil in America and the mongoose in Hawaii).
Ultraviolet Emissions from Compact Fluorescent Lights
New research by the Health Protection Agency (HPA) has shown that some energy-saving compact fluorescent light bulbs (CFLs) can emit ultraviolet radiation (UVR) at levels that could under certain conditions expose people to higher than guideline levels. In most workplace installations and domestic uses of CFLs there is no risk and the Health and Safety Executive strongly supports their continued use; but their use for activities requiring bright local illumination, such as electronic component assembly, jewellery-making and watch repair, may have to be reassessed.
The HPA and Government Departments have called on the European Union, relevant product standards bodies and the lighting industry to consider how product standards for lights can be tightened up.
The HPA recommends as a precautionary measure that open (single envelope) CFLs should not be used where people are in close proximity, i.e. nearer than 30 cm, to the bare light bulb for more than one hour a day. The HPA advises that for such situations open CFLs should be replaced by the encapsulated (double envelope) type (they look similar to traditional domestic light bulbs, and do not emit significant amounts of UVR). Alternatively, the lamp should be moved so that it is 30 cm or more away.
Not all open (single envelope) fluorescent light bulbs have significant UVR emissions, but if people are in very close proximity to some of them the exposure to bare skin is similar to being outside in direct sunlight. The HPA found that when very close (2 cm) to some open CFLs, the UVR level can be equivalent to that experienced outside in the UK on a sunny day in the summer, and so some precaution is warranted. When further away (over 30 cm) the UVR level is much lower and less than being outside on a sunny day in winter.
Call for Near-Shore Wind Farms
The organisation Carbon Trust published a report on 14th October 2008 entitled Offshore Wind: Big Challenge, Big Opportunity, which is available as a free download after registration log-in by new users at:
http://www.carbontrust.co.uk/publications/publicationdetail?productid=CTC743.
The report (4.5 Mb in PDF format) claims that the UK will fall woefully short of its own renewable energy targets unless the Government allows wind farms to be built closer to shore.
Only a quarter of the wind power capacity the country needs to meet its target of obtaining 15% of energy from renewable sources by 2020 will be built unless controls on offshore turbines are relaxed to reduce costs. At present, development is blocked at many economically attractive sites; the obstacles include planning restrictions and grid connection problems.
Allowing wind farms in shallower coastal waters could cut the UK renewable energy bill by £16 billion and its carbon emissions by 14%. Current constraints could force the next UK round of offshore wind farms to be built 70 miles (113 km) from the shore, with the result that less than a quarter of the 29 gigawatts of turbines necessary will be installed by 2020.
The Carbon Trust also recommend removing grid and planning regulatory barriers, increasing public funding and modifying the current incentive mechanism, which might collectively reduce the cost of building wind farms by another £14 billion.
Semi-Automatic Quick Hitches Withdrawn
Following four fatal incidents in the 12-month period between December 2006 and November 2007 involving semi-automatic quick hitches attached to excavators, the Health and Safety Executive began talks with quick hitch manufacturers, excavator manufacturers and others to highlight the problem and look for potential solutions.
The HSE has now confirmed that European manufacturers have voluntarily agreed to cease the supply of semi-automatic quick hitches into the UK, the agreement becoming effective as of 1st October 2008. The agreement means that in the future when buying a quick hitch, only manual or automatic quick hitches will be available.
Semi-automatic hitches did NOT become illegal on 1st October, as when they are used in accordance with the manufacturer's instructions they can be used safely. Owners and users should still be able to order spare parts for current semi-automatic hitches from manufacturers.
EU Reduces Carbon Emissions Allowances
In mid-October 2008, the European Parliament Environment Committee approved an ambitious climate change plan, but a group of eastern European countries led by Poland threatened to block reforms to the emissions trading system for economic reasons. The package of market-based and regulatory measures is intended to help reduce greenhouse gas emissions across the European Union by 20% by 2020, against a 1990 base level. The target will be increased to 30% when a new international climate change agreement is reached.
The Committee backed a number of contested changes. From 2013, the power- generating sector will have to acquire all of its emissions allowances at auction rather than receiving them free. Large international manufacturing industries will be phased out gradually from free allowances between 2013 and 2020. The threshold for emissions exemption will be raised from 10,000 to 25,000 tonnes of CO2 per year. Some industries will still be eligible for 100% free allowances, but the exempt sectors will not be identified until after the international climate summit in Copenhagen in 2009.
New Guidance on REACH
The Health and Safety Executive has made available new online guidance on the application of the REACH (Registration, Evaluation, Authorisation and Restriction of Chemicals) Regulation to substances recovered from waste at:
http://www.hse.gov.uk/reach/resources/waste.pdf.
New guidance is also available on the application of REACH to biodiesel at:
http://www.hse.gov.uk/reach/resources/biodiesel.pdf.
Health and Safety (Offences) Act 2008
The Health and Safety (Offences) Act 2008 received Royal Assent on 16th October 2008 and will come into force in January 2009. The Act amends Section 33 of the Health and Safety at Work, etc. Act 1974 (HSWA), raises the maximum fine that may be imposed by the lower courts from £5,000 to £20,000 for most health and safety offences, and makes imprisonment an option for more offences in both lower and higher courts.
There has been some concern that the Act could undermine Section 40 of HSWA, which imposes a reverse burden of proof on defendants. Following a prosecution by the Health and Safety Executive in 2002, the Court of Appeal rejected an argument put by the defendant that Section 40 breached the European Convention on Human Rights because it made inroads into the presumption of innocence. In that case the Court of Appeal decision was influenced by the fact that the offence did not carry a custodial sentence.
Dissent over Reprotoxins
The EU Commission is currently revising the Carcinogens Directive and considering proposals as to what substances should be included. It has been noted that the substances often referred to as reprotoxins, such as lead and phalates, which can cause infertility, miscarriages and premature births, have been excluded from the study.
The Commission argues that the Carcinogens Directive already covers the risks from occupational exposure to reprotoxins but others, including the European Trade Union Confederation, have drawn attention to the fact that two-thirds of the 173 chemicals classified as reprotoxic under Community law are not recognised as either carcinogenic or mutagenic.
The situation remains unresolved.
New British Standards on Fire Safety
The British Standards Institution has published BS 9999:2008, Code of practice for fire safety in the design, management and use of buildings. This is a new standard that gives recommendations and guidance on the design, management and use of buildings to achieve acceptable levels of fire safety. It is applicable to the design of new buildings and to alterations, extensions and changes of use of an existing building. It also provides guidance on the on-going management of fire safety in a building throughout its entire life cycle, including guidance for designers to ensure that the overall design of a building assists and enhances the management of fire safety.
Also new is BS 8214:2008, Code of practice for fire door assemblies. The main functions of fire doors are to compartmentalise buildings in order to limit the size and spread of fire and smoke movement; and to allow access to protected escape routes, both vertically and horizontally, without any loss of fire resistance. BS 8214 gives recommendations for the specification, installation and maintenance of fire doors. The recommendations are applicable only to hinged or pivoted pedestrian doorsets, door assemblies, or door leaves of any material, fitted into frames of any material.
Onshore and Offshore First-Aiders
First-aid in the workplace is subject to two separate pieces of legislation; first-aid in onshore workplaces is subject to the Health and Safety (First-Aid) Regulations 1981 (FAW), while first-aid offshore is subject to the Offshore Installations and Pipeline Works (First-Aid) Regulations 1989 (OFAR). Each set of Regulations has its own Approved Code of Practice and guidance. Since much of the content of the relevant qualifying training courses is common to both sets of Regulations, the Health and Safety Executive has reviewed whether certificates issued by HSE-approved training organisations under OFAR could be used for FAW purposes, and vice versa.
The two levels of qualifications under OFAR are offshore medic and offshore first- aid, while under FAW there is currently only a single first-aid at work qualification. The role of the offshore medic is a highly specialised one and could not be fulfilled by a first-aider, whether OFAR or FAW qualified, nor by a paramedic without considerable additional training and experience. Since the course syllabus specifically includes all the elements of the OFAR course it is clear that an offshore medic could perform the offshore first-aid role.
The HSE offshore first-aid syllabus includes all the elements of the FAW syllabus so there is no reason why an OFAR certificate should not be accepted as equivalent to an FAW one. This should apply to both acceptability to employers and training organisations. Therefore if an OFAR first-aider decided to become an FAW first- aider they should be permitted to take an FAW requalification course if they wished. However, this would result in the issue of an FAW certificate, meaning the person would no longer be qualified for the offshore role. FAW-trained first-aiders do not have all the skills required by the OFAR syllabus and are not qualified to perform the offshore first-aid role. They would have to undertake the full OFAR course.
Paramedics were recognised for all FAW purposes as of 1st September 2008. They have the more advanced skills required by the OFAR first-aid syllabus so it is logical that they should be similarly recognised for OFAR purposes.
From 1st December 2008, the following rules for equivalence of qualifications will apply:
- A valid offshore medic qualification issued in accordance with OFAR will be equivalent to either an OFAR or FAW first-aid certificate, for the purpose of both first-aid practice and training.
- An OFAR first-aid certificate will be equivalent to an FAW certificate in terms of both first-aid practice and training. This includes the possibility of an OFAR first-aider requalifying, for FAW purposes, through the FAW system.
- Registered paramedics (already recognised for FAW purposes) will have that recognition extended to OFAR first-aid practice or teaching, but for teaching purposes they would have to be able to provide evidence of teaching qualifications or experience in line with the relevant guidance.
- An FAW certificate is not an acceptable qualification for OFAR first-aid purposes and cannot be upgraded by taking an OFAR requalification course.
EU Guidance on Risk Assessment Procedure
The European Agency for Safety and Health at Work has made available online its publication E-Fact 32, Common Errors in the Risk Assessment Process. When conducting a risk assessment, common errors are made by all types of enterprises and organisations. Some of the most common errors during the process are presented in the booklet, in the order in which they generally occur. Some of the common errors mentioned are overlooking possible risk categories, not thinking about long-term hazards to health, overlooking second jobs, not ensuring co-ordination between employers and subcontractors, not including groups of people who may particularly be at risk, not taking into account the preventive hierarchy, considering the risk assessment as a one-time obligation, and not supervising sufficiently the efficiency of the preventive measures. The publication can be downloaded as a 165 KB PDF file from:
http://osha.europa.eu/en/publications/e-facts/e-fact32.
Other related fact sheets are available and can be downloaded from:
http://osha.europa.eu/en/publications/e-facts/e-fact32/view.
Future Legislation Changes
The two common commencement dates for most new health and safety legislation are 1st October and 6th April. Changes due to come into force on 6th April 2009 are at present:
- The Health and Safety (Miscellaneous Amendments and Revocations) Regulations, which among other matters deal with extending the maximum periods of validity of explosives certificates and storage licences, revoke redundant and outdated local mining regulations, and correct an omission in the Control of Noise at Work Regulations.
- The Factories Act 1961 and Offices, Shops and Railway Premises Act 1963 (Repeals and Modifications) Regulations, which are still in the consultation stage but would remove several legislative form-filling requirements that currently apply to most businesses operating from a factory, office or shop (and certain railway premises). The Regulations would introduce no new requirements.
- The Health and Safety Information (Amendment) Regulations, which would enable the Health and Safety Executive to approve and publish new versions of the posters and leaflets required under the 1989 Regulations, such that they do not require the addition or updating of enforcing authority and EMAS contact information by those businesses displaying them.
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