26th May 2019

May news letter

 Dear Simplifi User,

After the “tsunami” of EU Exit legislation over the last few months things appear, with the postponement, to have quietened down.  This month we have just six pieces of legislation to report on.

Amending legislation

 Conservation

 SI 2019/893.  The Marine Licensing (Exempted Activities) (Amendment) Order 2019.  This Order amends the Marine Licensing (Exempted Activities) Order 2011 (S.I. 2011/409). Comes into force 31st May. These amendments introduce three new exemptions from the requirement to hold a marine licence. Those relate to the recovery of marine litter etc. in the course of diving activities (article 8), permitting harbour authorities to use vehicles or vessels to remove marine litter and debris (article 9) and permitting the deposit of a substance removed from the hull of a vessel in the course of certain removal methods (article 12).

 

Environmental permitting and pollution

SI 2019/916.  The Greenhouse Gas Emissions Trading Scheme (Amendment) (EU Exit) (No. 2) Regulations 2019.  Comes into force 29th May.  These regulations amend the Greenhouse Gas Emissions Trading Scheme Regulations 2012 by amending the definition of “the Verification Regulation and the Greenhouse Gas Emissions Trading Scheme (Amendment) (EU Exit) Regulations 2019 by omitting regulation 113.  They also amend Commission Regulation (EU) No 601/2012 of on the monitoring and reporting of greenhouse gas emissions.

SI 2019/940.  The Merchant Shipping (Prevention of Air Pollution from Ships) (Miscellaneous Amendments) Regulations 2019. Comes into force 30th June.  The Regulations amend the Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2008 to impose a requirement for ships of more than 400 gross tonnage to be issued with an IEE Certificate. The regulations also require ships of more than 5,000 gross tonnage to be issued with a Statement of Compliance. The Regulations also make minor amendments to the Merchant Shipping (Port State Control) Regulations 2011 and the Merchant Shipping (Fees) Regulations 2018.

SSI 2019/175. The Environment (EU Exit) (Miscellaneous Amendments) (Scotland) Regulations 2019. Comes into force 1st July

 These regulations make very minor corrections, in most single words, to:

Urban Waste Water Treatment (Scotland) Regulations 1994. Special Waste Regulations 1996. End-of-Life Vehicles (Storage and Treatment) (Scotland) Regulations 2003. Water Environment (Register of Protected Areas) (Scotland) Regulations 2004. Foot-and-Mouth Disease (Slaughter and Vaccination) (Scotland) Regulations 2006. Welfare of Farmed Animals (Scotland) Regulations 2010. Environment (EU Exit) (Scotland) (Amendment etc.) Regulations 2019.

SSI 2019/178. The Environmental Assessment (EU Exit) (Scotland) (Amendment) Regulations 2019. Comes into force 30th June. These Regulations amend the Environmental Assessment (Scotland) Act 2005 (asp 15) to update legislative references and address, very minor, deficiencies arising from the withdrawal of the United Kingdom from the European Union.

 

Radioactive substances.

 SR 2019/184.  The Carriage of Dangerous Goods (Amendment) Regulations (Northern Ireland) 2019.  Coming into force 18th June. These Regulations amend the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2010 in order to implement, in part, as respects Northern Ireland provisions of Council Directive 2013/59/Euratom) laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation.

 

Consultations

 The Environment Agency is consulting on revision of standard rule sets for medium combustion plant and specified generators.  These proposals are to amend the rules to include new medium combustion plant (MCP). We also propose an amendment to standard rule SR2018 No.7 for new MCP and standard rule SR2018 No.9.  Consultation closes 10th June.  https://consult.environment-agency.gov.uk/environmental-permitting/standard-rules-consultation-no-19/

The Maritime and Coastguard Agency is consulting on amendments to the Merchant Shipping and Fishing Vessels (Personal Protective Equipment) regulations.  Consultation closes 19th July. https://www.gov.uk/government/consultations/consultation-on-msn-1870-mf-personal-protective-equipment-regulations-1999

 

Prosecutions of note.

 A Northumberland waste management company was fined £500,000 with costs of £14,041, after an employee was fatally injured when he was struck by a reversing JCB loading shovel.  An investigation by the Health and Safety Executive (HSE) found evidence of a lack of pedestrian and vehicle segregation in the waste shed meaning that pedestrians and vehicles could not circulate in a safe manner. The company had carried out a risk assessment prior to the incident that identified some control measures to reduce the risks from operating the loading shovel and a Fork Lift Truck on site. However, these control measures had not been fully implemented nor were they sufficient to manage the risk of collision between vehicles and pedestrians. There was also no risk assessment or traffic management plan considering the safe movement of vehicles across the site.

A North Sea oil company has been fined £1,160,000 following an HSE investigation into a high-pressure gas release on Boxing Day 2015.  Eight-inch diameter high pressure pipework suffered a catastrophic rupture as a result of ‘Corrosion Under Insulation’ (CUI), allowing over two tonnes of high-pressure methane gas to be released almost instantaneously.

28th June 2019

June newsletter

Dear Simplifi User,

Here is the June newsletter. We report on changes to legislation covering energy and renewables, environmental permitting and pollution and plant health, biocides and food. Council Regulation (Euratom) 2018/1563 and three supporting EU Decisions will be revoked on Brexit day.

The Environment Agency is consulting on management of waste from health care. The Maritime and Coastguard Agency is consulting on draft Marine Guidance Notes covering yacht and powerboat safety at sea. The Department of Transport on limiting, for certain applications, the age of tyres.

HSE has published a revision to the guidance document “Management and operation of microbiological containment laboratories.

We cover two notable prosecutions.

HSE advise that pesticide residues MRL (maximum residue levels) in or on food and feed have changed.

New legislation

Energy and renewables

SI 2019/1023. The Electricity (Applications for Licences, Modifications of an Area and Extensions and Restrictions of Licences) Regulations 2019. Comes into force 5th July. These Regulations set out the information, and other documents that are required to be submitted with applications for generation, transmission, distribution, supply and interconnector licences.

SI 2019/1024. The Gas (Applications for Licences and Extensions and Restrictions of Licences) Regulations 2019. Comes into force 5th July. These Regulations set out the information, and other documents that are required to be submitted with applications for supplier, shipper, transporter and interconnector licences.

 

Amending legislation

Energy and renewables

SI 2019/1052. The Renewable Heat Incentive Scheme and Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2019. Comes into force 17th July. This instrument amends the Domestic Renewable Heat Incentive Scheme Regulations 2014 (SI 2014/928) and the Renewable Heat Incentive Scheme Regulations 2018 (SI 2018/611). SI 2014/928 is amended to adjust the expenditure thresholds in Schedule 6 to align the triggers to the latest deployment assumptions. SI 2018/611 is amended to extend the availability of tariff guarantees to 31 January 2021 (Reg 35) and the expenditure thresholds in Schedule 7 in order to align the triggers to the latest deployment assumptions.

Environmental permitting and pollution

SI 2019/1056. The Climate Change Act 2008 (2050 Target Amendment) Order 2019. Comes into force 26th June. This Order amends Section 1 of the Climate Change Act 2008 (c. 27). It increases the minimum percentage by which the net UK carbon account for the year 2050 must be lower than the 1990 baseline from 80% to 100%.

Plant health, biocides and food

SI 2019/1013. The Food and Feed Hygiene and Safety (Miscellaneous Amendments) (EU Exit) Regulations 2019. Comes into force on Brexit day. Makes very minor amendments to: • Food Hygiene Regulations (Northern Ireland) 2006 • Fishery Products (Official Controls Charges) (England) Regulations 2007 • Fishery Products (Official Controls Charges) Regulations (Northern Ireland) 2007 • Food Irradiation (England) Regulations 2009 • Food Irradiation Regulations (Northern Ireland) 2009 • Plastic Kitchenware (Conditions on Imports from China) Regulations (Northern Ireland) 2011 • Food Safety (Sampling and Qualifications) (England) Regulations 2013 • Food Safety and Hygiene (England) Regulations 2013 And also to some EU Regulations

 

Revocation

SI 2019/1012. The Euratom Research and Training Programme (Revocation) (EU Exit) Regulations 2019. Comes into force on Brexit day. Revokes instruments derived from EU legislation relating to the Euratom research and training programme. The instruments are Council Regulation (Euratom) 2018/1563 and three supporting EU Decisions.

 

Consultations

The Environment Agency is consulting on changes to technical guidance for permitted facilities which transfer or treat healthcare waste. This guidance will replace existing guidance EPR 5.07 Clinical Waste (January 2011). Consultation closes 15th July. https://consult.environment-agency.gov.uk/environment-and-business/appropriate-measures-for-healthcare-waste/

The Maritime and Coastguard Agency is consulting on six draft Marine Guidance Notes (MGNs) covering yacht and powerboat safety at sea. Consultation closes 18th July. MGNs are: • Yacht and Powerboat Safety at Sea – Preparedness for Non-Coastal Passages • Yacht and Powerboat Safety at Sea – Maintenance, Modifications, Damage and Repairs. • Yacht and Powerboat Safety at Sea – Rigs and Rigging; Inspection • Yacht and Powerboat Safety at Sea – Grounding of Fixed Fin Keel GRP Yachts • Yacht and Powerboat Safety at Sea – Emergency Procedures, Equipment and Actions • Yacht and Powerboat Safety at Sea – Stowage of Life-Saving Appliances https://www.gov.uk/government/consultations/consultation-on-yacht-and-powerboat-safety-at-sea

The Department for Transport is consulting on a proposed ban on tyres aged ten years and older from certain vehicle types (heavy goods vehicles, heavy trailers and buses, coaches and minibuses) to improve road safety. Consultation closes 1st September. https://www.gov.uk/government/consultations/banning-tyres-aged-10-years-and-older

 

Guidance

HSE has revised the guidance document “Management and operation of microbiological containment laboratories”. Most of the amendments are minor. There is a new Appendix 8 – Work with Hazard Group 3 Parasites. http://www.hse.gov.uk/biosafety/management-containment-labs.pdf

 

Prosecutions of note.

A south-eastern construction company has been fined £833,333, plus costs of £5,478 after a worker suffered three fractured vertebrae when he was hit on the head by a large expanded polystyrene block when it slipped from an excavator bucket. An investigation by the Health and Safety Executive (HSE) found that the lifting operation had not used appropriate lifting accessories to transport the load and had simply trapped the load with the bucket against the dipping arm of the excavator.

An international refining company and a contracting company working on the oil refinery have been fined a total of £5.1 Million and ordered to pay costs of over £1.0 Million after an explosion, in 2011, killed four workers and seriously injured another. An investigation by the Health and Safety Executive found the explosion was most likely to have been initiated by the ignition of a highly flammable atmosphere within the tank, during what should have been a routine emptying operation in preparation for further cleaning and maintenance. The investigation also found there had been longstanding failures within the refinery safety management systems and as a result the risks posed by flammable atmospheres were not understood or controlled.

In the news

HSE advise that MRL (maximum residue levels) in or on food and feed of plant and animal origin for pesticide residues are being changed. Authorisations for the use of such substances may be subject to change. While […]

29th July 2019

July news letter

Dear Simplifi User,

Here is the July 2019 newsletter.  We report on changes to legislation covering environmental permitting and pollution, plant health, biocides and food and waste (for Wales only).

The Maritime and Coastguard Agency are consulting on updated guidance on the application of the (PUWER) and (LOLER) regulations.  The Department of Transport is seeking to better understand maritime sector emissions. The Department for Business, Energy & Industrial Strategy is consulting on changes to the Capacity Market Rules with to new EU carbon dioxide emissions limits.

HSE has published guidance on controlling risk of hand-arm vibration in amenity horticulture.

We cover three notable prosecutions.

Amending legislation

 Environmental permitting and pollution.

 SI 2019/1078.  The Environment and Rural Affairs (Amendment) (EU Exit) Regulations 2019. Comes into force on Brexit day. These regulations:

correct two errors in the Environment, Food and Rural Affairs (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/25). amend the Environmental Permitting (England and Wales) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/39) amend the Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/188). correct an error in the Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/620)

Plant health

 SI 2019/1070.  The Plant Health (England) (Amendment) Order 2019. Comes into force 23rd July.

This Order amends the Plant Health (England) Order 2015 (SI 2015/610) to implement—

(a)Commission Implementing Decision (EU) 2018/1503 – control of Aromia bungii

(b)Commission Implementing Decision (EU) 2019/449 – control of Phyllosticta citricarpa

(c)Commission Implementing Directive (EU) 2019/523 – control of various organisms harmful to plants or plant products

It also introduces emergency measures to prevent the introduction of Rose rosette virus and its vector Phyllocoptes fructiphilus .

The principal amendment is to Schedule 4.

SI 2019/1075. The Plant Health (Forestry) (Amendment) (England) Order 2019. Comes into force 23rd July. This Order amends the Plant Health (Forestry) Order 2005 (S.I. 2005/2517) in relation to England to implement—

(a)Commission Implementing Decision (EU) 2018/1503 – control of Aromia bungii

(b)Commission Implementing Decision (EU) 2018/1959 – control of Agrilus planipennis from wood originating in Canada and in the United States of America

(c)Commission Implementing Directive (EU) 2019/523 – control of various organisms harmful to plants or plant products.

The principal amendment is to Schedule 4.

Waste

WSI 2019/1143. The Landfill Disposals Tax (Wales) Act 2017 (Reliefs) (Miscellaneous Amendments) Regulations 2019. Comes into force 19th July. These Regulations amend sections 8 and 32 of the Landfill Disposals Tax (Wales) Act 2017 with respect to “restoration works”.

WSI 2019/1165. The Hazardous Waste (Wales) (Amendment) Regulations 2019.  Comes into force 14th August. These Regulations amend the Hazardous Waste (Wales) Regulations 2005 by substituting a new version of Schedule 8  “Consignee’s return to producer or holder”.

Consultations

The Maritime and Coastguard Agency are consulting on updated guidance on the application of the merchant shipping and fishing vessels (provision and use of work equipment) (PUWER) regulations 2006 and the merchant shipping and fishing vessels (lifting operations and lifting equipment) (LOLER) regulations 2006, to fishing vessels.  Consultation closes 26th August.  https://www.gov.uk/government/consultations/consultation-on-the-fishing-vessel-work-equipment-and-lifting-equipment-guidance

The Department of Transport is seeking to better understand maritime sector emissions and establish if government can do more to address this air pollution. Consultation closes 11th January 2020. https://www.gov.uk/government/consultations/domestic-shipping-air-pollution-call-for-evidence

The Department for Business, Energy & Industrial Strategy is consulting on proposals for making changes to the Capacity Market Rules in order to comply with new EU carbon dioxide emissions limits. Consultation closes 6th September. The proposed changes are intended to ensure existing capacity or DSR components that do not comply with the limits (such as coal, diesel, and possibly some inefficient gas generation) cannot receive capacity payments from the date of 1st July 2025. https://www.gov.uk/government/consultations/capacity-market-carbon-dioxide-emissions-limits

Guidance

 INDG480. Hand-arm vibration in amenity horticulture and how to control the risk.  Published 15th May.  http://www.hse.gov.uk/pubns/indg480.pdf.  Hand-arm vibration is vibration transmitted into workers’ hands and arms, for example by hand-held and guided power tools, such as hedge trimmers and powered mowers. Regular and frequent exposure to hand-arm vibration can lead to permanent ill health. The two main health conditions associated with hand-arm vibration exposure are hand-arm vibration syndrome (HAVS) and carpal tunnel syndrome (CTS). The guidance will help employers to identify when exposure may cause harm, understand how to comply with the Control of Vibration at Work Regulations 2005 and take practical steps to control the vibration risk.

 Prosecutions of note.

A Merseyside wood product manufacturer has been fined £466,666 and ordered to pay costs of £7,475 after a worker was dragged, in June 2016, into a rotating drive shaft. An investigation by the Health and Safety Executive (HSE) found the company had failed to adequately guard the production line, allowing access to dangerous parts of machinery, including conveyors and drive shafts during both operation and cleaning. During a return visit by HSE, in April 2018, it was discovered that the company had changed the layout of the production line, leaving accessible dangerous parts, including an identical shaft to the one which the victim was injured on. A Prohibition Notice and an Improvement Notice were served to address the risks. The subsequent investigation showed that mill operatives were regularly accessing the strapping section while the machinery was still running, and the Production Director was aware of this.

A West Midlands manufacturer of calcium carbonate products has been fined £200,000 and ordered to pay costs of £23,218 after a worker suffered fatal injuries when struck by a forklift truck whilst walking in the designated pedestrian area of the site’s roadway. An investigation by the Health and Safety Executive (HSE) found the measures in place to separate and segregate pedestrians from vehicles were inadequate, with the designated pedestrian walkway running, unprotected, down the centre of the roadway used by vehicle.

A vehicle component manufacturer has been fined £1,000,000 and ordered to pay costs of £9,374 after two employees suffered burns whilst cleaning a distillation tank. The injured people were burnt when the vapour of a flammable chemical, which was being used to clean the distillation tank part of a component […]

29th August 2019

August 2019 new letter

Can be found on our website!