Recent and Forthcoming Changes in Health and Safety Law

The HSE published the following list of changes to health and safety law which were due to be implemented on 6th April 2006.

Offshore Installations (Safety Case) Regulations 2005

Replacement regulations to ensure that the safety case regime remains relevant and proportionate to the changing nature of the offshore industry. Some aspects of the previous regulations have been removed or simplified, but the central requirement remains for an offshore installation to have a safety case accepted by the HSE to operate in UK waters.

These Regulations have now come into force.

Control of Noise at Work Regulations 2005

Implements in UK law the EU Physical Agents (Noise) Directive (2003/10/EC) which tightens the legal requirements in relation to noise by lowering the exposure action values. The Regulations came into force on 6th April 2006 for most industries, but for the music and entertainment industries will not come into force until 6th April 2008.

Nuclear Reactors (Environmental Impact Assessment for Decommissioning) (Amendment) Regulations (EIADR) 2006

Implement relevant changes made to the EIADR parent directive by EU Directive 2003/35/EC. The amendment Regulations also correct two typographical errors identified by the Joint Committee on Statutory Instruments. A further amendment proposes that if a change or extension to a decommissioning project results in a significant adverse effect on the environment, only the part(s) of the site affected would be subject to the requirements of Regulation 13 of the EIADR 1999 , thus allowing decommissioning work on the project to continue on the part(s) of a site unaffected by the change or extension, if the HSE decides ceasing such work is unnecessary.

Health and Safety (Fees) Regulations 2006

The HSE charges for safety case assessment, inspections and approvals in "permissioning regimes", which includes onshore major hazards, offshore oil and gas and gas transportation. They also charge for work on a variety of statutory functions such as licensing activities, approving equipment and the testing associated with the issue of such licences and approvals. These Regulations update the fees and charges for those regimes.

Management of Health and Safety at Work (Amendment) Regulations 2006

Amendment of Regulation 22 of the Management of Health and Safety at Work Regulations 1999 to exclude the right of third parties to seek damages from employees in breach of their duties under these regulations. The effect of this amendment is to extend the same protection to employees as for employers.

These Regulations have now come into force.

Tank Vehicle (Loading and Unloading of Petroleum Spirit) Regulations

Replacement for existing regulations covering the safe transportation of petrol (the loading of tankers, their carriage and unloading) by road and rail. The new Regulations are designed to be short and straightforward and gather together in one set the existing requirements. They change no legal duties and should have no industrial cost impact.

Changes In Health And Safety Law Due Autumn 2006

The HSE has published the following list of changes to health and safety law which are due to be implemented on 1st October 2006.

Asbestos Worker Protection

New regulations will implement in UK law the EU 2003/18/EC second amendment to the Asbestos Worker Protection Directive 83/477/EEC , designed to refocus protection onto maintenance workers, such as electricians, plumbers and decorators, who may be at risk of accidental exposure to asbestos.

The regulations will repeal and replace with a single set of regulations the Control of Asbestos at Work Regulations 2002, the Asbestos (Licensing) Regulations 1983 as amended, and the Asbestos (Prohibitions) Regulations 1992 as amended.

There will be a single, lower Control Limit of 0.1 fibres per cm³ of air for all types of asbestos, measured over four hours; the ACoP will recommend a maximum peak level exposure of 0.6 f/cm³ over ten minutes, which is tighter than the current limit.

Construction Design and Management Regulations (Revision)

A revised version of the Construction (Design and Management) (CDM) Regulations 1994 and the Construction (Health, Safety and Welfare) (CHSW) Regulations 1996 is designed to increase the focus on effective planning and management of construction projects, specifically to improve risk management by ensuring responsibility is placed with those best placed to influence or manage it; also to take account of changes in the Work at Height Regulations.

The EC Temporary or Mobile Construction Sites (TMCS) Directive , which the above UK legislation implements, is currently under review, and the proposed revised legislation mentioned here may be subject to change. Although the new CDM regulations were expected to come into force in October 2006, a delay in the consultation process has meant that the revised Regulations will be implemented in Spring 2007. A final draft of a new Approved Code of Practice will be made available three months in advance of the Regulations coming into force.

Biocidal Products (Amendment) Regulations 2006

These amendment regulations will make adjustments called for by three EC Review Regulations and interpretive decisions; and implement the Biocidal Products Directive (98/8/EC) in respect of Article 22 (Advertising) as well as other parts of the Directive as detailed by the Commission.

Workplace Exposure Limit for Respirable Crystalline Silica

The current Occupational Exposure Limit (OEL) for respirable crystalline silica is 0.03 mgm^-3. The proposed revised limit, which is still subject to consultation, would be a Workplace Exposure Limit (WEL) of 0.01 mgm^-3. The change would be implemented by way of an amendment to the Control of Substances Hazardous to Health Regulations . The proposal is contained in a current Consultative Document, for which the consultation period ended in March 2006.

Coal Mines (Inhalable Dust) Regulations

The existing Coal Mines (Respirable Dust) Regulations 1975 will be revoked by proposed new regulations to control the level of inhalable and respirable dust in coal mines. The measures do not derive from EU legislation, but take account of the Chemical Agents Directive and maintain implementation of the Extractive Industries (Mines and Quarries) Directive.

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