Recent and Forthcoming Changes in Health and Safety Law

Revised Construction (Design and Management) Regulations

A new single set of key construction regulations, the Construction (Design and Management) Regulations 2007, came into force on 6th April 2007, mainly revising, simplifying and consolidating the Construction (Design and Management) Regulations 1994 and the Construction (Health, Safety and Welfare) Regulations 1996. They will also implement the Temporary or Mobile Construction Sites Directive (as the existing Regulations do).

The revised regulations are intended to:

• Increase the focus on effective planning and management of construction projects.
• Improve the management of risk by making sure that responsibility is placed with those in the best position to influence or manage it.
• Reduce bureaucracy.
• Simplify and clarify the law for duty-holders.

The thinking behind the revision is to promote improvements in health and safety by significant and permanent changes in duty-holder attitudes and behaviour.

The new Regulations are accompanied by an Approved Code of Practice (ACoP), L144 Managing health and safety in construction – Construction (Design and Management) Regulations 2007, which provides practical guidance on complying with the duties set out in the Regulations. It replaces HSG224, the ACoP to the Construction (Design and Management) Regulations 1994.

Further information is given in the article by RRC Tutor Richard Griffiths in this newsletter and in a podcast available from RRC at: www.rrc.co.uk/HSPodcasts/Episode%2002%20(Construction).mp3. Also we have produced a booklet of the subject which is available, click here to access a copy.

Work at Height (Amendment) Regulations 2007

The Work at Height (Amendment) Regulations came into force on 6th April 2007, bringing people paid to lead or train others in climbing and caving activities in the adventure activity sector within the scope of the Work at Height Regulations 2005. This completes the implementation of the Work at Height Directive (2001/45/EC).

Where anyone is paid to lead, train or instruct others in climbing and caving activities by way of sport, recreation, team-building or similar activities, duty-holders will need to ensure that:

• Activities involving work at height are properly planned and organised.
• Those involved are trained and competent.
• The risks are assessed and appropriate work equipment selected and used.
• Equipment is properly inspected and maintained.
• Weather conditions are taken into account.

Further information can be found in the HSE’s brief guide to the amended Regulations, INDG401 The Work at Height Regulations 2005 (as amended), available at www.hse.gov.uk/pubns/indg401.pdf.

Changes to the Building Regulations

Changes to Part B (Fire Safety) of the Building Regulations 2000 came into force on 6th April 2007. The Regulations have been amended by the Building and Approved Inspectors (Amendment) Regulations 2006. Approved Document B (Fire Safety), which provides practical guidance, has also been amended.

The changes introduce a new requirement for the owners of non-domestic buildings to ensure that occupiers are made aware of the fire protection measures specific to that building, in order to assist with the preparation of fire risk assessments under the Regulatory Reform (Fire Safety) Order regime.

For new projects, including the erection, extension or material alteration of a building, this will mean that facilities managers will be provided with a fire safety manual including all the information necessary to create a fire risk assessment for the building under their care.

Further information is available at: www.planningportal.gov.uk/england/professionals/en/
4000000000084.html.

Recommendations on the Design and Operation of Fuel Storage Sites

On 29th March 2007, the HSE published the fifth report by the Buncefield Major Incident Investigation Board, dealing with recommendations to address improvements in the design and operation of fuel storage sites in the UK that store and transfer petroleum products on a large scale.

The recommendations are for future action to ensure the effective management and regulation of major accident risk at COMAH sites, including consideration of off-site as well as on-site risks, the prevention of incidents, preparations for response to incidents, and mitigation of their effects.

On design and operations at storage sites, the paramount need is for precautions to be in place to prevent fuel escaping from the vessels in which it is contained. Further precautions are needed if fuel does escape, to prevent it forming a flammable vapour and stop pollutants contaminating the environment.

The main areas specified in the report are:

• The need for systematic assessment of the level of inherent safety required at sites.
• The need for high integrity systems to protect against escape of fuel.
• Preventing escalation of loss of primary containment incidents and preventing harmful substances from causing a major accident to the environment.
• Operating major hazard sites with high reliability organisations.
• Improving culture and leadership to deliver high safety performance.

The broad aim is to catalyse improvements in the fuel storage sector so that it is continually alert to the major hazard potential of its operations.

The report is available online at: www.buncefieldinvestigation.gov.uk/reports/recommendations.pdf

The Compensation Act 2006

The Compensation Act 2006 received Royal Assent on 25th July 2006. Part 1 of the Act contains three sections, all of which have an impact on health and safety issues.

Section 1 is concerned with the deterrent effect of potential liability provisions. A court considering a claim in negligence or breach of statutory duty may now, in determining whether a defendant should have taken particular steps to meet a standard of care, whether by taking precautions against a risk or otherwise, have regard to whether a requirement to take those steps might in future prevent a desirable activity from being undertaken at all, to a particular extent or in a particular way; or discourage persons from undertaking functions in connection with a desirable activity.

The purpose of this clause is to improve awareness of this aspect of the law and help to ensure that normal activities are not prevented because of the fear of litigation and excessively risk-averse behaviour.

Section 2 deals with apologies, offers of treatment or other redress. Under the Act an apology, an offer of treatment or other redress does not of itself amount to an admission of negligence or breach of statutory duty. This represents a major change in the way that one aspect of liability for negligence may be interpreted by a court.

Section 3 covers the matter of damages for mesothelioma. The Act creates a quicker and simpler route for employees who contract mesothelioma due to negligent workplace exposure to asbestos to recover compensation from employers. It covers situations where:

• a person (defined as “the responsible person”) has negligently or in breach of statutory duty caused or permitted another person (“the victim”) to be exposed to asbestos;
• the victim has contracted mesothelioma as a result of exposure to asbestos;
• because of the nature of the disease and the state of medical science, it is not possible to determine with certainty whether it was the exposure at one workplace or another exposure which caused the victim to become ill; and
• the responsible person is liable in connection with damage caused to the victim by the disease, whether by reason of having materially increased a risk or for any other reason.

In such cases the responsible person shall be liable in respect of the whole of the damage caused to the victim by the disease, irrespective of whether the victim was also exposed to asbestos while working for another employer.

Part 2 of the Compensation Act creates a new statutory framework for the regulation of claims management services.

Part 3 of the Act covers general matters and states that the Act applies only in England and Wales, except for some provisions under Section 3 which also cover Scotland and Northern Ireland.

Further information is available on the Department for Constitutional Affairs website at: http://www.dca.gov.uk/legist/compensation.htm.

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