HSE is consulting on amendments to the Carcinogens and Mutagens Directive
16th April 2019
EA consultation on changes to standard rules
30th April 2019
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April 2019 newsletter

Dear Simplifi User,

Again we have seen many amendments to UK Regulations for EU Exit.  Many of these amendments concern product accreditation, so changes from the EU to UK Assessment Bodies and from EU to UK “kite marks”.  In effect the UK has now put in place a system which duplicates that developed by the EU.

In addition to providing a register of legislation Simplifi maintain a database of information providing guidance.   This guidance covers Approved Codes of Practice published by the HSE (Legal Reference Documents (the L Series) and Health and Safety Guidance (HSG) publications). We also cover Guidance For Pollution Prevention (including the most recent GPP 29 Micro-breweries and distilleries, March 2019), EU Directives, BAT, chemicals and dangerous substances (including REACH), energy, environmental permitting and pollution, waste and water.

 

New legislation

Plant health

 SI 2019/787.  The Plant Health (EU Exit) Regulations 2019. Comes into force on Brexit day.  This Regulation defines the relevant UK authorities responsible for plant health, lists, for the maintenance of plant health, regulated plant pests and relevant material and specifies the measures to be taken in the case of an emergency.  The regulation also revokes retained EU Regulations.

 Radiation and radioactive substances

 SI 2019/703.  The Radiation (Emergency Preparedness and Public Information) Regulations 2019.  Comes into force 22nd May.  These Regulations revoke and supersede the Radiation (Emergency Preparedness and Public Information) Regulations 2001. The Regulations impose duties on operators of premises in which work with ionising radiation takes place to identify the hazards arising from the work with such radiation which have the potential to cause a radiation emergency. Where such hazards exist, the operator is under a duty to assess the consequences of the radiation emergency, and liaise with the local authority. Both the local authority and the operator must engage in planning against the radiation emergency occurring, test such plans at regular intervals and provide information to the public. The Regulations implement in part as respects Great Britain provisions of Council Directive 2013/59/Euratom of 5 December 2013 laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation.

 

Amending legislation

 Dangerous substances

 SI 2019/720.  The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2019.  Comes into force on Brexit day.  Makes very minor textual amendments (replacing changing the words “laid down” to “as provided for” in the definition of “hazardous substance or mixture”, in:

  • the Health and Safety (Enforcing Authority) Regulations 1998;
  • the Health and Safety (Enforcing Authority) Regulations (Northern Ireland) 1999;
  • the Control of Substances Hazardous to Health Regulations 2002;
  • the Dangerous Substances and Explosive Atmospheres Regulations 2002;
  • the Control of Substances Hazardous to Health Regulations (Northern Ireland) 2003;
  • the Dangerous Substances and Explosive Atmospheres Regulations (Northern Ireland) 2003;

Also makes minor amendments to:

  • the Plant Protection Products (Fees and Charges) Regulations 2011;
  • the Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013;
  • the Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations (Northern Ireland) 2013;
  • the Genetically Modified Organisms (Contained Use) Regulations 2014; substitutes the existing words in Reg 3.2.b(1) to read “a medicinal product for veterinary use marketed in accordance with the Veterinary Medicines Regulations” and adds a transitional provision in relation to the withdrawal of the UK from the EU.
  • the Control of Major Accident Hazards Regulations 2015; In the definition of “the CLP Regulation”, the words “the UK mandatory classification and labelling list established under Article 38A (which for the purposes of these Regulations is deemed to be part of Regulation (EC) No. 1272/2008 replace “Annex VI, Part 3 Table 3.1”the Explosives (Appointment of Authorities and Enforcement) Regulations (Northern Ireland) 2015;
  • the Biocidal Products (Fees and Charges) Regulations (Northern Ireland) 2015;
  • the Control of Major Accident Hazards Regulations (Northern Ireland) 2015;
  • the Genetically Modified Organisms (Contained Use) Regulations (Northern Ireland) 2015);
  • the Health and Safety and Nuclear (Fees) Regulations 2016.

Finally amends a number of EU Regulations

SI 2019/758.   The REACH etc. (Amendment etc.) (EU Exit) Regulations 2019. Comes into force on Brexit day.  These Regulations make amendments to Regulation (EC) No 1907/2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH). They also make minor amendments to legislation relating to the Disposal of Polychlorinated Biphenyls and other Dangerous Substances.

SI 2019/858.  The REACH etc. (Amendment etc.) (EU Exit) (No. 2) Regulations 2019.  Comes into force on Brexit day.  These Regulations make amendments The REACH etc. (Amendment etc.) (EU Exit) Regulations 2019.

 Energy

 SR 2019/76   The Energy Performance of Buildings (Certificates and Inspections) (Amendment) Regulations (Northern Ireland) 2019.  Comes into force 30th April.   These Regulations amend the Energy Performance of Buildings (Certificates and Inspections) Regulations (Northern Ireland) 2008, by adding a new regulation 25A to set the fees for entering data onto the register of: energy performance certificates, display energy certificates and air conditioning inspection reports.

 Environmental permitting and pollution

 SI 2019/648.  The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment) (EU Exit) Regulations 2019. Comes into force on Brexit day. Amends:

  • The Road Traffic Act 1988, Sections 55 and 57.
  • Non-Road Mobile Machinery (Type-Approval and Emission of Gaseous and Particulate Pollutants) Regulations 2018

 SI 2019/672. The Detergents (Amendment) (EU Exit) Regulations 2019.  Comes into force on Brexit day. Amends the Detergents Regulations 2010 and Regulation (EC) No 648/2004 of the European Parliament and of the Council on detergents.

SI 2019/778. The Environment, Food and Rural Affairs (Amendment) (EU Exit) Regulations 2019.  Comes into force on Brexit day. Amends the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007 and certain retained direct EU legislation relating to food and drink.

WSI 2019/863.   The Nitrate Pollution Prevention (Wales) (Amendment) Regulations 2019. Comes into force 1st May. These Regulations amend the Nitrate Pollution Prevention (Wales) Regulations 2013 (SI 2013/2506) relating to monitoring of nitrate pollution and designation of nitrate vulnerable zones

Plant Health

SI 2019/786. The Plant Health (Amendment) (England) (EU Exit) Regulations 2019. Comes into force on Brexit day.  Part 2 makes amendments to the Plant Health (England) Order 2015 to transpose certain provisions in EU Council Directives.  Part 3 amends the Plant Health (Forestry) Order 2005 in relation to England. Part 4 amends the Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015 in relation to England. Part 5 amends the Plant Health (England) Order. Part 6 amends the Plant Health (Fees) (England) Regulations 2018.

Product and other safety

SI 2019/696.  The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019. Comes into force on Brexit day. Amends:

  • Lifting Operations and Lifting Equipment Regulations 1998
  • Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001
  • General Product Safety Regulations 2005
  • Offshore Installations (Safety Case) Regulations 2005
  • Weights and Measures (Packaged Goods) Regulations 2006
  • Supply of Machinery (Safety) Regulations 2008
  • Aerosol Dispensers Regulations 2009
  • Accreditation Regulations 2009
  • Toys (Safety) Regulations 2011
  • Explosives Regulations 2014
  • Weights and Measures (Revocations) Regulations 2015
  • Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations 2015
  • Pyrotechnic Articles (Safety) Regulations 2015
  • Electromagnetic Compatibility Regulations 2016
  • Simple Pressure Vessels (Safety) Regulations 2016
  • Lifts Regulations 2016
  • Electrical Equipment (Safety) Regulations 2016
  • Pressure Equipment (Safety) Regulations 2016
  • Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 2016
  • Non-automatic Weighing Instruments Regulations 2016
  • Measuring Instruments Regulations 2016
  • Recreational Craft Regulations 2017 and related amendment
  • Radio Equipment Regulations 2017 and related amendments
  • Identification and Traceability of Explosives Regulations (Northern Ireland) 2013
  • Making Available on the Market and Supervision of Transfers of Explosives Regulations (Northern Ireland) 2016
  • Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations (Northern Ireland) 2017

 

Consultations

 HMRC is consulting on draft legislation that amends the scope of the reduced rate for energy-saving materials to ensure consistency with EU law.  Consultation closes 3rd May.  https://www.gov.uk/government/consultations/draft-legislation-vat-reduced-rate-energy-saving-materials-order-2019

HSE is consulting on amendments to the Carcinogens and Mutagens Directive (2004/37/EC) which introduces or revises occupational exposure limit values for a number of carcinogens.  The consultation sets out the HSE’s proposals for establishing WELs for the substances contained in the amendment to the Directive, subject to the ongoing negotiations on our relationship with the EU. The consultation proposes to do this by revising the HSE publication “EH40/2005 Workplace Exposure Limits”. Consultation closes 7th June. https://consultations.hse.gov.uk/hse/carcinogens-mutagens-revision-of-limit-values/

 

Prosecutions of note.

A South Yorkshire food processing company has fined £1.4 million with £38,000 in costs after a worker was crushed and sustained multiple injuries while unblocking a machine on the poultry slaughter line.   An investigation by the Health and Safety Executive (HSE) found the company had failed to identify deficiencies in the guarding on the machine, and the clearing of blockages was usually carried out while the machine was still in operation.

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