COWENS RISK SOLUTIONS APRIL 2015 LEGISLATION UPDATE
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COWENS RISK SOLUTIONSAPRIL 2015 LEGISLATION UPDATE
April 2015
LEGISLATION UPDATE FOR APRIL 2015- AND BEYOND
Once again the April Health and Safety legislation changes are upon us.
This document lets you know which changes are ahead, what exactly ischanging and looks forward to further changes throughout 2015.
It is vital that you are prepared for legislative changes, understanding whatadjustments you need to make within your company and that you ensurethese changes are communicated effectively throughout your business.
April 2015
England, Scotland and Wales
Construction, Design and Management Regulations (CDM) 2015 Coming intoforce 6 April 2015
The CDM Regulations face many changes in April this year in a major changeto construction health and safety. The changes are summarised below:
What will change?
▪ Principal designer. The replacement of the CDM co-ordinator role(under CDM 2007) by principal designer. This means that theresponsibility for coordination of the pre-construction phase – whichis crucial to the management of any successful construction project –will rest with an existing member of the design team.
▪ Client. The new Regulations recognise the influence and importanceof the client as the head of the supply chain and they are bestplaced to set standards throughout a project.
▪ Competence. This will be split into its component parts of skills,knowledge, training and experience, and - if it relates to anorganisation - organisational capability. This will provide clarity andhelp the industry to both assess and demonstrate that constructionproject teams have the right attributes to deliver a healthy and safeproject.
Shared Parental Leave Regulations 2014 Came into force in December 2014but will apply to couples with babies due or children matched or placed foradoption on or after 5 April 2015.
What will change?
Parents with babies due on or after 5th April 2015 can start sharing up to 50weeks of Shared Parental Leave (SPL).
▪ Shared Parental Leave must be taken in weekly blocks. It can bestopped and started, so periods of work can be interspersed withperiods of leave for childcare. Each parent notifies their employer oftheir entitlement and “book” the leave with at least 8 weeks’ notice.
▪ An employee can book more than 1 period of leave in a single bookingnotification.
▪ An employee may submit up to 3 booking notifications, and more if theemployer agrees.
▪ Where requested as discontinuous blocks, the employer may require theemployee to take leave in a continuous block, at a date chosen by theemployee.
▪ Each parent can use up to 20 SPL “in touch” days to go into work, socould effectively take shared parental leave and work on a part-timebasis for a period.
SPL and Shared parental pay are only available in England, Scotland andWales.
Detailed information is available here:
http://www.acas.org.uk/index.aspx?articleid=4911
The Mesothelioma Lump Sum Payments (Conditions and Amounts)(Amendment) Regulations 2015 Coming into force 1st April 2015
Pneumoconiosis etc, Workers Compensation, Payment of ClaimsAmendment, Regulations: draft 2015 Coming into force 1st April 2015
These two regulations will increase by 1.2% the lump sum amounts payableunder the Pneumoconiosis etc. (Workers’ Compensation) Act 1979 and thediffuse mesothelioma scheme set up by the Child Maintenance and OtherPayments Act 2008. These new amounts will be paid to those who firstsatisfy all the conditions of entitlement on or after 1st April 2015.
Mines Regulations 2014 Coming into force 6th April 2015
What will change?
▪ The large volume of prescriptive law will be replaced by a single,modern set of regulations containing goal-setting requirements thatfocus on the control of the risks from major hazards in mines.
▪ The principal dutyholder will be the mine operator, not the minemanager.
▪ Duplication of requirements will be removed – general health andsafety regulations apply where they adequately cover hazardscurrently covered by mines legislation.
▪ There will no longer be a requirement for coal mines to participatein an approved mines rescue scheme, although there will be clearrequirements on all mine operators to maintain suitable rescueprovision
National Minimum Wage Regulations 2015 (Applicable also in NI) Cominginto force 6th April 2015
What will change?
Since the National Minimum Wage Regulations 1999 were introduced, theyhave been amended over twenty times. As part of the Red Tape Challenge,the Government concluded a single set of Regulations were needed.Therefore, the National Minimum Wage Regulations 2015 will attempt toclarify and consolidate the current rules.
The aim is make the new regulations more user friendly and easier toimplement. Calculations are also clearer, for example using a formula towork out an employee’s hourly rate as opposed to a description.
England and Wales
Motor Vehicles, Variation of Speed Limits, England and Wales Regulations2015 Coming into force 6th April 2015
The draft regulations are being made to increase the national speed limitfor heavy goods vehicles of more than 7.5 tonnes on single carriagewaysfrom 40 mph to 50 mph, and on dual carriageways from 50 mph to 60 mph,in England and Wales.
England
Control of Noise, Codes of Practice for Construction and Open Sites,England Order 2015 Coming into force 6th April 2015
This Order (which applies only in England) approves the two parts of theBritish Standards Institution code of practice for noise and vibration controlon construction and open sites. Open sites are defined in the code as siteswhere there is significant outdoor excavation, levelling or deposition ofmaterial.
This Order replaces the Control of Noise (Codes of Practice for Constructionand Open Sites) (England) Order 2002.
Smoke Control Areas, Exempted Fireplaces, England Order 2015 Cominginto force 6th April 2015
This instrument allows the use (subject to strict conditions) of a number ofsolid fuel burning boilers and stoves capable of smokeless operation withinsmoke control areas. These fireplaces do not burn the fuels generallyauthorised for use in such areas, and consequently have been assessed byDefra and are considered to be capable of meeting, or have met, emissionlimits. See the explanatory memo for more information.
Northern Ireland
The Mesothelioma Lump Sum Payments (Conditions and Amounts)(Amendment) Regulations (Northern Ireland) 2015 Coming into force 1st
April 2015
Pneumoconiosis etc, Workers Compensation, Northern Ireland Payment ofClaims, Amendment Regulations 2015 Coming into force 1st April 2015
June 2015
Control of Major Accident Hazards Regulations 2015 Coming into force 1st
June 2015
The main COMAH duties will stay the same as now but there are someimportant changes particularly on how dangerous substances are classified.For the first time, lower tier operators will have to provide publicinformation about their site and its hazards. Both top tier (now referred toas upper tier) and lower tier operators will need to provide publicinformation electronically and keep it up to date.
The HSE has provided 12 steps to getting ready for the changes:http://www.hse.gov.uk/seveso/be-prepared.htm
Pressure Equipment Amendment, Regulations 2015 Coming into force 1st
June 2015
Updates classification of pressure equipment containing hazardoussubstances defined by Dangerous Substances Directive (67/548/EEC) to usedefinitions under Regulation on Classification, Labelling and Packaging ofSubstances and Mixtures (1272/2008/EC).
The Classification, Labelling and Packaging of Chemicals (Amendments toSecondary Legislation) Regulations 2015 coming into force 31st May 2015 /1st June 2015
The new EU Directive amends several pieces of EU legislation in order tobring them in line with Regulation (EC) No 1272/2008 on classification,labelling and packaging of substances and mixtures (the CLP regulations).Regulation 1272/2008 introduced a new classification system for hazardouschemicals, and comes fully into force on 1st June 2015.
October 2015
England and Wales
Smoke-free, Private Vehicles Regulations 2015 Coming into force 1st
October 2015
A ban on smoking in cars carrying children will be introduced in Englandand Wales. The ban aims to protect young people under 18 from second-hand smoke, and could see people breaking the law facing £50 on the spotfines.
Note –
▪ E-cigarettes will not be banned under the measures▪ The ban will not apply to anyone driving alone or driving in a
convertible car with the top down.
Ireland
▪ Road Traffic, Construction, Equipment and Use of VehiclesAmendment, Regulations 2014
▪ Road Traffic, Lighting of Vehicles Amendment, Regulations 2014▪ Road Traffic Construction and Use of Vehicles, Amendment, no 2,
Regulations, Weights and Coupling 2014
Rolling out over 2015
Fit for work
The new Fit for Work scheme in England, Scotland and Wales went live inDecember 2014. The scheme offers a two stage support system for adviceon return to work issues and preventing sickness absence.
There is an advice line and a referral assessment service, which enablesemployers to refer employees to an occupational health professional.
More information:
http://fitforwork.org/
Other changes
Health and safety fines to increase drastically under tougher guidelines
Under tougher guidelines proposed by the Sentencing Council, large firmsconvicted of corporate manslaughter will face fines of up to £20m.
The Council’s aim is to help ensure sentences that not only punish theoffender, but deter them and others from committing these crimes whileremoving any financial benefit they may have had from offending. TheseOffences can result in organisations that maintain proper standards beingundercut by offending businesses who are often motivated by savingmoney at the expense of safety. The council therefore feels that finesshould be big enough to have a real economic impact which will bring hometo the offending organisation the importance of achieving a safeenvironment for those affected by its activities.
Beyond 2015
October 2016
ISO 45001 due to replace ISO 18001
The new standard, ISO 45001 is likely to replace OHSAS 18001, theinternational standard for health and safety management. It will requirethat health and safety is managed in a systematic and integral way withinorganisations and is not just looked on as an added extra.
The ultimate aim is that this standard will lead to improved health andsafety performance and help drive down the number of deaths, injuries andillnesses caused by work.
It is currently available at Committee Draft stage. It is expected to reachdraft international standard (DIS) in April 2015, final draft (FDIS) in June2016 followed by the standard’s publication in October 2016.
Environment and Energy key changes in 2015
▪ The Ozone-depleting Substances Regulations 2015 Coming into force7th March 2015
▪ Fluorinated Greenhouse Gases Regulations 2015 Coming into force19th March 2015
▪ The Noise Emission in the Environment by Equipment for UseOutdoors (Amendment) Regulations 2015 Coming into force 1st April2015
▪ The Environmental Permitting (England and Wales) (Amendment)(England) Regulations 2015 Coming into force 6th April 2015
▪ Environmental Damage, Prevention and Remediation Amendment,Regulations : draft 2015 Coming into force 19th July 2015
▪ Batteries and Accumulators, Placing on the Market Amendment,Regulations : draft 2015 Coming into force 1st July 2015 – 1st January2017
Revisions to ISO 14001
The international ISO 14001 standard outlines how to put an effectiveenvironmental management system in place and it is intended to helpbusinesses remain commercially successful without disregarding crucialenvironmental responsibilities.
The changes to ISO 14001 are expected to be implemented in Q3 of 2015and will see the standard integrated more closely into core businessplanning. In addition, there will be further focus on leadership,environmental performance and communication. More information isavailable here: http://www.iso.org/iso/iso14001_revision
ESOS
The deadline for the first compliance period for the Energy SavingsOpportunity Scheme (ESOS) Regulations is 5th December 2015, by whichtime qualifying businesses will have to achieve compliance with theregulations and notify the Environment Agency.
ESOS is the UK Government’s response to implementing Article 8 of the EUEnergy Efficiency Directive, which mandates energy assessments fororganisations with 250+ employees, or with an annual turnover and balancesheet of €50m and €43m respectively.
More information is available here:
https://www.gov.uk/energy-savings-opportunity-scheme-esos
For further risk advice, feel free to contact us for more information on theservices we provide.
Call +44 (0)1623 649 931, email [email protected] or visitwww.cowensrs.co.uk
Disclaimer
This summary is provided by Cowens Risk Solutions for general guidance. In making this summary available it isnot possible to anticipate the requirements or the hazards of any readers business. You are therefore advised tocarefully evaluate the contents. Cowens Risk Solutions does not accept any liability whatsoever for injury,damage or other losses which may arise from reliance on this information.
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