Environment and Health & Safety Legislation Update · Provision of meter readings for reporting periods also required. The CRC Energy Efficiency Scheme (Allocation of Allowances ...

Environment and Health & Safety Legislation Update Jamie Bearman and Jonathan Teale Birmingham 15th February 2018 Preston 15th March 2018

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• 15 years experience in H&S consultancy

• Chartered Member IOSH • LLB

• 20 years experience in Environment consultancy

• British Safety Council Member

• Practitioner Member, IEMA (PIEMA)

• IEMA-registered Auditor (EA)

Newground is an award winning social enterprise that operates throughout the UK and the Republic of Ireland. We deliver professional environmental, health & safety and food legislation and consultancy services. To find out more, book some training or for a demo of the latest LUS updates call 01254 669002 or email [email protected]

Newground & the Legislation Update Service

AGENDA

• Environmental legislation update

• changes to law in the last 12 months

• on the horizon

• 14001:2015 transition

• Health & Safety legislation update

• changes to law in the last 12 months

• on the horizon

• 45001 transition

• ‘Brexit’ update

• Using LUS to support with transition to ISO 14001:2015 and ISO 45001:2018. New features overview.

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1. What’s New in Environmental Law? Pollution Law Energy Law Water Law Waste Law Planning Law Wildlife Law ISO 14001:2015 4

Pollution Law

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The Environmental Permitting (England and Wales) Regulations 2016 6

Came into force on 1 January 2017, consolidating and replacing the majority of the 2007 and 2010 Regulations and their 15 amendments.

• They also re-transpose 15 European Directives implementing them into English and Welsh law.

• 1 change is to revise the rules for mobile crushing of lamps that contain mercury (the T17 exemption). Anyone carrying out this activity will need to apply for a new exemption.

• The need for a permit to carry out certain flood defence type work – the last 2016 amendment has been consolidated into these new regulations.

Energy Law

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The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 8

Came into force 1 April 2016

Applies to any landlord renting a building (domestic

or non-domestic)

Requires a minimum level of energy efficiency to be achieved for rented buildings

If the energy efficiency performance is not met then the following applies:

• Can’t start new tenancy or renew existing tenancy of private rented property after 1st April 2018.

• Can’t continue to let a domestic private rented property after 1st April 2020.

• Can’t continue to let a non-domestic private rented property after 1st April 2023.

E-rating or above

The Contracts for Difference (Standard Terms) (Amendment) Regulations 2017 (SI 2017/112) 9

The Contracts for Difference (Standard Terms) Regulations 2014 set out the Standard Terms which include when a strike price is higher than a reference price, the CFD counterparty must pay the generator the difference.

This Amendment sets out the circumstances in which the CFD counterparty is not required to pay the difference payments to the generator.

This is to prevent payments being made during periods of negative electricity prices.

The Electricity Supplier Obligations (Amendment and Excluded Electricity) (Amendment) Regulations 2017 (SI 2017/1051) 10

These Regulations amend the 2015 Regulations of the same name which introduces exemptions from the supplier obligation and operational costs levies for eligible Electricity Intensive Industries (EIIs).

An application for an EII certificate must be made by a business carrying out a specified activity, listed in the Schedule to these Regulations (including mining, certain manufacturing and foundries).

An EII certificate enables such activities to qualify for exemptions from the policy costs associated with generating electricity from renewable sources.

The Feed-in Tariffs (Amendment) Order 2017 (SI 2017/131) 11

• Relates to anaerobic digestion installations and entitlement to generation payments. Applies to AD installations that pre-accredit or accredit on or after 1 May 2017.

• Feedstock used to generate electricity at these installations must meet criteria relating to land use and greenhouse gas emissions (‘sustainability criteria’). Quarterly reporting is required.

Reduced entitlement to generation tariffs where more than 50% of the biogas used to generate electricity is derived from waste or residue.

Annual reporting required, plus provision of annual independent audit reports assessing the reliability of the information provided in the reports for sustainability criteria and for feedstock types.

Provision of meter readings for reporting periods also required.

The CRC Energy Efficiency Scheme (Allocation of Allowances for Payment) (Amendment) Regulations 2017 (SI 2017/211) 12

These Regulations increase the price of allowances purchased in forecast and compliance application periods in 2017, 2018 and 2019.

They also set a final compliance sale in 2019 as the CRC Scheme is ending after the compliance period 2018/19 due to budget changes. The amount required to be paid for each allowance at a standard allocation:

• in a forecast application period in 2017 is £16.60;

• in a compliance application period in 2017 is £17.20;

• in a forecast application period in 2018 is £17.20;

• in a compliance application in 2018 is £17.70; and

• in a compliance application period in 2019 is £18.30.

The Renewable Heat incentive Scheme and Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2017 (SI 2017/727) 13

This Regulation updates Microgeneration Installation Standard requirements for contractors undertaking the supply, design and installation etc. of microgeneration heat pumps systems under the Microgeneration Certification Scheme (MCS).

This will ensure that heat pumps installed in line with the latest standard will remain eligible for the Non-domestic RHI and the Domestic RHI.

The Amendment (No. 2) Regulations 2017 update the tariffs for new small, medium and large biomass plant in Schedule 3D.

Regulation (EU) 2017/1369 setting a framework for energy labelling and repealing Directive 2010/30/EU 14

This Regulation lays down a framework that applies to energy-related products placed on the market or put into service as of 1 August 2017.

Products shall only be labelled with the energy efficiency classes A to G.

The currently existing classes A+, A++ and A+++ for further differentiation within class A will be omitted.

It also sets out a procedure for rescaling the labels based on technological development . A new product database will contain a public part and a non-public compliance part with clearly specified accessibility and security requirements.

The Alternative Fuels Infrastructure Regulations 2017 (SI 2017/897) 15

Standards for recharging and refuelling points and hydrogen supply in road transport. From 17th November 2017, operators must ensure that normal or high power recharging points for electric vehicles comply with the minimum technical standards for socket outlets or vehicle connectors.

Recharging points: intelligent metering and ad-hoc access

From 17th November 2017, infrastructure operators must ensure that public recharging points comply with requirements for intelligent metering systems. Also that recharging points deployed after that date provide ad-hoc access for electric vehicle users.

The Ecodesign for Energy-Related Products (Amendment) Regulations 2017 (SI 2017/1143) 16

Under the original Regulations, manufacturers and importers must not place products on the market unless the product complies with eco-design measures and bears ‘CE’ marking.

These Amendment Regulations add 2 new types of energy related product:

• From 1st January 2018, air heating products, cooling products, high temperature process chillers and fan coil units;

• From 1st January 2020, solid fuel boilers; and

• From 1st January 2022, solid fuel local space heaters (50kW or less).

The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2017 (SI 2017/1207) 17

These Regulations amend the EU Emissions Trading System (EU ETS) 2018 compliance deadlines for stationary installations and aviation operators in the UK.

Obliged to verify and report 2018 emissions and surrender allowances for those emissions in 2019 before the date when the UK will leave the EU.

For all installations included in the EU ETS, the 2018 deadlines are now as follows:

• Deadline for reporting emissions changed from 30th March 2019 to 11th March 2019;

• Deadline for surrendering sufficient allowances for those reportable emissions changed from 30th April 2019 to 15th March 2019.

Date from which penalty is payable where an aviation operator or installation has annual reportable emissions which are not included in the verified report and where there is a failure to surrender sufficient allowances in relation to those unreported emissions changed from 30th April 2019 to 15th March 2019.

The Renewables Obligation (Amendment) Regulations 2017 (SI 2017/1234) 18

These amendment regulations relate mainly to uses of bioliquid which can attract the Renewable

Obligation Certificate ROC payments.

• Minor amendments to the definition of ‘waste’ and the explanation of ‘residue from processing’;

• Operators of generating stations that generate electricity from bioliquid must provide Ofgem

with information about the energy content of the bioliquid produced from certain categories of

crop;

• Increase the minimum greenhouse gas emissions savings that must be achieved before ROCs

may be issued for electricity generated from bioliquid from 50% to 60% in certain cases;

• Remove certain restrictions on using default values to calculate greenhouse gas emission

savings from the use of a bioliquid; and

• Prohibit ROCs from being issued for electricity generated from bioliquid or, subject to

exceptions, from solid and gaseous biomass unless the fuel meets the “land criteria.”

Water Law

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Water Act 2014 and Commencement Orders 20

Key changes introduced in 2017 through this Act.

• Amends the environmental permitting regime to consolidate the requirements

relating to water abstraction and impoundment licences, flood defence consents

and fish passage approvals into that regime.

• On 1st April 2017 provisions were brought into force relating to the new licensing

regime for water supply and sewerage services to non-household customers.

(Introduction of Water Plus in the United Utilities and Severn Trent regions)

• On 1st April 2018 provisions introducing charging rules from Ofwat about the

charges that developers and other customers pay water and sewerage

undertakers for new connections and other infrastructure services.

The Water Abstraction (Transitional Provisions) Regulations 2017 21

These Regulations remove the exemptions from the need for certain abstraction licences, particularly those with a significant environmental impact.

It does not apply to small scale abstraction of less than 20M3per day.

It does apply to a person who:

a) in the seven years prior to 1st January 2018 abstracted water:

i. from a source of supply, or

ii. from any of the inland waters of the Rivers Tweed, Esk or Sark (or their tributaries) in England, and who did not require a licence for that abstraction, or

b) is a successor to such a person.

2 year application process.

These Regulations make changes to The Water Environment (Controlled Activities) (Scotland) Regulations 2011 (SSI 2011/209) as amended

They revoke the oil storage regulations in Scotland (Water Environment (Oil Storage) (Scotland) Regulations 2006)

The content of the oil storage regulations now forms Activities 26-28 of Part 1 of Schedule 3 to the Controlled Activities Regulations 2011.

No new requirements are added.

The Water Environment (Miscellaneous) (Scotland) Regulations 2017 (SSI 2017/389) 22

Waste Law

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Council Regulation (EU) 2017/997 amending Annex III as regards the hazardous property HP 14 ‘Ecotoxic’ 24

Annex III to the Waste Framework Directive (WFD) lists properties of hazardous waste; these Regulations change the definition of the hazardous property HP 14 ‘Ecotoxic’. A new calculation formulae should be used when

determining the hazard classification of waste with

the hazardous property of HP 14 ‘Ecotoxic’.

Applies from 5 July 2018

The Producer Responsibility Obligation (Packaging Waste) (Amendment) Regulations 2017 25

Came into force on 1 January 2018.

• These Regulations bring into force new recycling targets for paper, aluminium, steel and wood for 2018 to 2020.

• The target for recycling plastic and glass for 2018 to 2020 remains unchanged.

Planning Law

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The Housing and Planning Act 2016 and Associated Regulations 27

The Housing and Planning Act 2016 ( Permission in Principle etc) (Miscellaneous Amendments) (England) Regulations 2017 (SI 2017/276)) The 2016 Act inserted sections into the town and country planning regime, introducing a new form of planning consent known as Permission in Principle (PiP).

PiP is designed to separate the decision making on ‘in principle’ issues (such as land use, location and amount of development) from matters of technical detail (such as what the buildings will look like).

These Regulations make amendments to provide further powers in relation to PiP. Any grant of permission in principle to develop land must benefit the land and all persons interested in it.

A non-material change to planning permission may be made in relation to a PiP.

The Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (SI 2017/571) 28

These Regulations revoke and replace the 2011 Regulations of the same name. The main changes are:

• The circumstances in which a project may be exempt from the EIA process;

• New co-ordinated procedures for projects which are also subject to assessment under Directives for the conservation of natural habitats ,wild fauna and flora or wild birds;

• The list of environmental factors to be considered as part of the EIA process;

• The information to be provided to inform a screening decision and the criteria to be applied when making a screening decision;

• The way in which an environmental statement is to be prepared, including any amendments to the information included in it and that it be based on a scoping opinion and prepared by a competent expert;

• The means by which the public is to be informed of projects which are subject to the EIA process; and

• The introduction of a requirement for decision-makers to avoid conflicts of interest.

Wildlife Law

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The Conservation of Habitats and Species Regulations 2017 (SI 2017/1012) 30

These Regulations consolidate the Conservation of Habitats and Species Regulations 2010 as amended.

This aims to make the regulations more ‘durable’ post Brexit and therefore less likely to amendment.

They introduce a small number of minor changes from the 2010 Regulations designed to take account of changes to other related legislation, for example:

• Localism Act 2011

• Growth and Infrastructure Act 2013; .

On the Horizon

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Amendments related to Medium Combustion Plants and Generators 32

Consultation on implementing the Medium Combustion Plant Directive (MCPD) and emission controls on generators between 1MW and 50MW in order to improve air quality closed in 2017.

Amendment to Environmental Permitting Regulations 2016 now in draft.

• All new medium combustion plants put into operation after 19th December 2018 have a permit or are registered;

• All existing plants with a rated thermal input (or capacity) greater than 5 megawatts have a permit or are registered by 1stJanuary 2024; and

• All existing plants with a rated thermal input less than or equal to 5 megawatts have a permit or are registered by 1st January 2029.

Amendments related to Medium Combustion Plants and Generators cont. 33

MCPs must also comply with emission limit values for sulphur dioxide, nitrogen oxides and dust, subject to specific exceptions.

Amendments to The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 [SI 2015/962]. 34

The proposed amendments would strengthen the domestic minimum standard regulations by removing the existing ‘no cost to the landlord’ principle and introducing a ‘landlord funding contribution’ component where a landlord is unable to obtain ‘no cost’ funding.

To protect landlords from excessive costs, the government is intending to introduce a cost cap. A cost cap of £2,500 per property is proposed. Ensures that the domestic minimum standard regulations deliver the range of benefits originally envisaged from them.

ISO 14001 Transition

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ISO 14001:2015 Transition Update 36

The timeline for transition to ISO14001:2015 is nearing the deadline.

• Certificates to the 2004 Standard will become invalid on 15 September 2018

• Certification bodies will no longer audit to the 2004 standard (including ISO 9001:2008) after 15 March 2018

Break

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1. What’s New in Heath & Safety Law? Ionising Radiation Work Equipment Hazardous Substances Workplace Environment ISO45001 Brexit 38

Ionising Radiation

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Ionising Radiations Regulations 2017 (and Northern Ireland equivalent) 40

Revokes the previous Ionising Radiations Regulations 1999

Replaces previous Notification/ Authorisation requirements with 4 tier system: • very low risk activities: Exempt (as per 1999 Regulations)

but lower threshold for notification of some radionuclides • low risk: Notification • medium risk: Registration • high risk “specified practices”: Consent

Site radiography: 7 day notice to HSE replaced by 7 day notification from site client to the contractor.

Sites which notified under previous regulations must still do so again under the new regulations (deadline was 5th February).

Ionising Radiations Regulations 2017 (and Northern Ireland equivalent) cont. 41

‘Controlled’ and ‘Supervised’ areas: thresholds defined slightly differently;

Dose limits: lower (stricter) dose limit for radiation to the eye, removal of separate dose limit for pregnant women;

Dose records: now to be retained for 30 years not 50 years;

Broader definition of ‘outside workers’ to include non-classified as well as classified workers;

Requirement to obtain HSE authorisation to exceed standard dose limitations (previously just notification);

Radon levels (for work in areas with high radon gas) expressed as an annual level rather than a daily level (but no change in substance).

The Ionising Radiation (Medical Exposure) Regulations 2017 42 (Commencement 6th February 2018)

Revokes the Ionising Radiation (Medical Exposure) Regulations 2000

Licence: employers and practitioners require a licence to administer radioactive substances. Issued by Administration of Radioactive Substances Advisory Committee

Replaces previous requirement for a certificate. Previous valid certificates become licences (i.e. No need to re-apply).

Expanded role for “medical physics expert”

Requirement to inform the referrer, practitioner and patient of any relevant and clinically significant unintended or accidental exposure, and the outcome of the following investigation

Explicit duty to consider carers and comforters

Quality assurance programmes required for medical equipment

Written protocols required for non-medical imaging

Collect data to estimate population doses

Work Equipment

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The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations (Northern Ireland) 2017 44

Northern Ireland only (similar regulations enacted in GB in 2016);

Apply to manufacturers and suppliers, not users;

Apply to equipment placed on the market for the first time after 10th July 2017;

Revised/ updated CE marking requirements;

Retention of technical documentation;

Provision of instructions / safety information;

Labelling by importers;

‘Own branders’ take on manufacturer’s responsibilities;

Sample monitoring;

Action to take in relation to non-conforming equipment;

Old regulations revoked but continue to apply in relation to equipment already on the market before 10th July 2017

Hazardous Substances

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Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) Regulations (EC 1907/2006) 46

25 substances added to the ‘Restriction List’ (Appendix XVII) from the following dates .....

Check the relevant restrictions on the ECHA website.

From 19th September 2017:

‘tetrahydro-2-furyl-methanol; tetrahydrofurfuryl alcohol

gallium arsenide

tributyltin compounds

1,2-benzenedicarboxylic acid, dihexyl ester, branched and linear

imidazole

‘flumioxazin (ISO)

From 1st March 2018:

‘1,2-dichloropropane; propylene dichloride

Some categories of e-glass microfibers

‘3,7-dimethylocta-2,6-dienenitrile

‘brodifacoum (ISO)

lead powder; [particle diameter < 1 mm]

lead massive: [particle diameter ≥ 1 mm]

warfarin (existing entry modified)

bisphenol A; 4,4′-isopropylidenediphenol

phenol: dodecyl-, branched; 2-dodecyl-, branched; 3-dodecyl-, branched; 4-dodecyl-, branched, (tetrapropenyl) derivatives

chlorophacinone (ISO)

coumatetralyl (ISO)

difenacoum (ISO)

flocoumafen (ISO)

disodium octaborate anhydrous; disodium octaborate tetrahydrate

bromadiolone (ISO)

difethialone (ISO)

perfluorononan-1-oic acid and its sodium and ammonium salts

dicyclohexyl phthalate

triflumizole (ISO)

Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) Regulations (EC 1907/2006) cont. 47

‘CLP’ (Regulation (EC) No 1272/2008 on classification, labelling and packaging of substances and mixtures) - minor changes 48

Relevant to suppliers of chemical mixtures into EU countries, where the mixtures contain substances classified as hazardous;

Currently the supplier may have to provide different information to different ‘national poisons centres’ in different countries;

This 2017 Amendment simply harmonises (lists) the information that will need to be supplied to any national poisons centres if supplying hazardous mixtures to EU countries after 01 January 2020.

Planning (Hazardous Substances) Act 1990 49

Minor change made by the Housing and Planning Act 2016 (Permission in Principle etc) (Miscellaneous Amendments) (England) Regulations 2017

Hazardous Substances Consent is required for large quantities of hazardous chemicals (i.e. ‘COMAH’ quantities);

Housing and Planning Act 2016 introduced ‘permission in principle’ to general planning law;

These 2017 Amendment Regulations simply require a hazardous substances authority to consider any ‘permission in principle’ granted in relation to development, when considering a hazardous substances application.

Control of Major Accidents Hazards Regulations 2015 50

The Health and Safety (Miscellaneous Amendments and Revocation) Regulations 2017 amends the ‘COMAH’ regulations by excluding the following:

• transport of dangerous substances in pipelines outside of an 'establishment' (i.e. outside an existing COMAH site);

• transport of dangerous substances by road, rail, internal waterways, sea or air, outside of an 'establishment'.

Accidents and Incident Reporting and Response

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Health and Safety (First Aid) Regulations (Northern Ireland) 1982 52

The Health and Safety (First-Aid) (Amendment) Regulations (Northern Ireland) 2017 make the following minor change:

• removes the requirement for the Health and Safety Executive for Northern Ireland (HSENI) to approve training and qualifications (mirrors change in GB).

Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 53

Minor 2017 change made by the Health and Safety (Miscellaneous Amendments and Revocation) Regulations 2017:

“Working day” is added to the definitions section and is defined to exclude weekends and bank holidays. Note this has no practical effect to anything. (N.B. ‘over 7 day injuries’ are defined as over 7 consecutive days – it is irrelevant which of any of the consecutive days is a working day);

Joint reporting requirements under both RIDDOR and either the EU Reporting Regulations or the Offshore Installations and Wells (Design and Construction) Regulations 1996, for off shore installations: there is now only a requirement to submit one report.

On the Horizon

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Management of Health and Safety at Work Regulations (Northern Ireland) - new ACoP 55

The HSENI is developing an Approved Code of Practice (ACoP) to accompany the Management of Health and Safety at Work Regulations (NI) 2000.

Previously, the HSENI referred to the GB ACoP L21 but this was withdrawn by the HSE (GB) as part of the UK government’s initiative to reduce red tape.

Directive 2017/164/EU 56

Directive 2017/164/EU: 4th Indicative Occupational Exposure Limit Values (IOELVs) Directive – introduces revised/ new work exposure limits for 31 substances

Consultation CD283: HSE consultation on implementation of new Work Exposure Limits as per the Directive (consultation ends 2 February 2018 )

some substances – new WELs for the first time

some substances – revised stricter WELs

Mining sulphur in an Indonesian volcano! (sulphur dioxide

and hydrogen sulphide fumes)

Consultation CD283: revised WELs 57 •Black = new WEL (no previous WEL) •Red = revised stricter WEL •1,4-Dichlorobenzene; p-Dichlorobenzene • 2-ethylhexan-1-ol • Acetic acid • Acrolein; Acrylaldehyde; Prop-2-enal • Acrylic acid; Prop-2-enoic acid • Amitrole • Bisphenol A • But-2-yne-1,4-diol • Calcium dihydroxide • Calcium oxide • Carbon monoxide • Carbon tetrachloride; Tetrachloromethane • Diacetyl; Butanedione • Diphenyl ether • Ethyl acetate • Glycerol trinitrate

• Hydrogen cyanide (as cyanide) • Lithium hydride • Manganese and inorganic manganese compounds (as manganese) • Methyl formate • Methylene chloride; Dichloromethane • Nitroethane • Nitrogen dioxide • Nitrogen monoxide • Potassium cyanide (as cyanide) • Sodium cyanide (as cyanide) • Sulphur dioxide • Terphenyl, hydrogenated • Tetrachloroethylene • Tetraethyl orthosilicate • Vinylidene chloride; 1,1-Dichloroethylene

Consultation CD286: Adventure Activities Licensing Authority

The Adventure Activities Licensing Authority licenses certain bodies providing activities (caving, climbing, trekking, watersports) for people under 18.

Consultation to review 3 options:

• no change;

• expanding scope of activities covered;

• abolishing the AALA and replacing with an industry-led; not-for-profit accreditation scheme underpinned by the Health and Safety at Work etc. Act 1974

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CD285 - Consultation on proposals to amend Control of Asbestos Regulations (2012)

[Closed 30th October 2017]

Proposal to decrease frequency of health surveillance for workers involved in licensable asbestos work, from 2 yearly to 3 yearly

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Scottish Government Consultation on revised fire safety guidance 60

Sought to consolidate existing fire safety guidance for premises with sleeping accommodation including for example, hotels, B&Bs and self catering accommodation etc

The consultation did not seek to change existing standards

Consultation closed 5 February 2018

Consultation to review effectiveness of Smoke and Carbon Monoxide Alarms Regulations 2015 61

• The Smoke and Carbon Monoxide Alarm (England) Regulations

2015 require private rented sector landlords to install smoke and

carbon monoxide alarms in their rental properties.

• The Regulations provided for review of effectiveness in 2017. This

consultation invites views and comments to gather evidence on

the effectiveness of the regulations to date. It does not indicate

any intention to change the regulations.

• The conclusions of the consultation will also be considered by

the review of Building Regulations being undertaken by Dame

Judith Hackitt following the Grenfell Tower tragedy.

TfL Consultation on introducing Safety Standard Permit Scheme for HGVs >12 tonnes in London from 2020 62

HGVs are involved in 78% of cyclist fatalities in Greater London, even though HGVs account for only 4% of miles driven.

This consultation seeks views on a Safety Standard Permit Scheme for HGVs >12 tonnes. Under the proposed scheme, relevant vehicles would be rated 0 – 5 stars.

From 2020, only 1 star and higher would be permitted in Greater London.

From 2024, only 3 star and higher would be permitted.

ISO 45001

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ISO 45001:2018 64

To replace BS OHSAS 18001:2007

Expected publication date of 12th March 2018

3 year migration period for organisations certified to BS OHSAS 18001: 2007

BS OHSAS 18001:2007 will then become obsolete

ISO 45001:2018 has a different structure to BS OHSAS 18001:2007 (matches the new Annex SL structure and terminology for ISO 9001:2015 and 14001:2015 and other management systems standards)

ISO 45001:2018 65

• Requirement for “procedures” in OHSAS 18001 is replaced with “processes” (which don’t necessarily have to be documented).

• Much greater emphasis on: ▸ top management leadership; ▸ assessing the internal and external issues (“context”) which may affect achievement of OH&S objectives; ▸ consultation and participation; ▸ considering all “interested parties” (not just workers); ▸ control of outsourced processes and procurement of contractors; ▸ consideration of management of change;

• Requirement for hazard identification in addition to risk assessment;

• Expanded scope of risk assessment, to include risks to the OHSMS, not just safety risks;

• Requirement to identify opportunities for improvement.

Brexit

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European Union (Withdrawal) Bill: 67

• Will (presumably) come into effect on 29th March 2019 (“exit day”)

• All EU derived UK legislation will be unaffected

• All directly acting EU legislation (i.e. prior to “exit day”), forms part of domestic law after “exit day”

• Thereafter, UK Courts are not bound to follow European Court decisions which are made after “exit day”

• Thereafter, UK regulators can amend directly acting EU legislation (“divergence”)

• UK not bound by future EU legislation

Acts of Parliament will be unaffected, e.g.:

• Health and Safety at Work etc Act 1974

• Health Act 2006

• Corporate Manslaughter and Corporate Homicide Act 2007

• Occupiers Liability Acts 1957, 1984

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EU derived UK Regulations will be unaffected e.g.:

• The Provision and Use of Work Equipment Regulations 1998;

• The Workplace (Health Safety and Welfare) Regulations 1992;

• The Management of Health and Safety at Work Regulations 1999.

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Direct acting EU Regulations in force prior to “exit day”

will become part of UK legislation e.g.:

▸ The REACH Regulation

▸ The CLP Regulation

▸ Regulation (EU 517-2014) on Fluorinated Greenhouse Gases

...... but thereafter, UK Government can amend or revoke them (“divergence”)

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What about? 71

Post “exit day” changes to EU Regulations which form part of UK domestic law

(e.g. a post “exit day” change to the REACH Regulation).

Legislation made by devolved government, which implements EU regulation?

Currently subject to debate between UK government and devolved governments

as to who has primacy.

EU Directives

Already not directly legally enforceable, so no change

New EU Regulations (i.e. post “exit day”) will not apply

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EU Regulations

Unpopular legislation – opportunity to get rid? ▸ Working Time Regulations 1998 ▸ Greenhouse Gas Emissions Trading Scheme Regulations 2012

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Legislation Update Service New features Transition tools

74 https://product.legislationupdateservice.co.uk/login.php?h=index.php

New Features

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Latest developments

• New additions to the system include:

• ‘Copy Comments’ button

• Department filter in legal register

• Improved register filtering

• New in Your Register – date range function

• Consolidated view for multi-site clients

• Food legal register product

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New tools – Environmental Aspects for ISO 14001:2015 77 STEP 1:

Aspects Categories

STEP 2:

Life Cycle Stage

STEP 3:

Area / Process

STEP 4:

Significance Evaluation Criteria

New tools – Risks & Opportunities for ISO 14001, 9001 & 45001 78

Template to create a

Risks &

Opportunities

register

New tools – Objectives for ISO 14001, 9001 & 45001 79

When linking to another

LUS tool, that

information is brought in

to the template for you to

pick from.

e.g. legal register

Thank you

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To find out more, book some training or for a demo of the latest LUS updates call 01254 669002 or email [email protected]