In our September news letter we report on one new piece of, Scottish, environmental legislation and five amendments to legislation on chemicals and hazardous substances, energy, health and safety, plant health (Scotland) and waste (Scotland). We also report on a consultation on changes to the rules for capacity market, a prosecution following a fork lift truck accident and on the publishing of the second edition of Guidance Book L140, Hand-arm vibration.
We will provide a summary of all relevant EU Exit related legislation before Brexit Day, whenever that may occur in a separate news letter.
Our newsletter for October has been sent to our subscribers. This month we report on four amendments to legislation providing protection to the environment, one on the use of pesticides and one on work equipment. We also report on a number of amendments to EU Regulations. We cover consultations by The Marine and Coastguard Agency and the Environment Agency. Finally, we report on a number of prosecutions.
We will be publishing an additional newsletter, summarising all amendments being brought into force on Brexit day when the date of that event is finalised.
Dear Simplifi User,
Here is our newsletter for November 2019. This month we report on an Act of the Scottish Parliament covering climate change and a new Statutory Instrument (SI) on environmental protection. There are four amending SIs covering environmental protection, food and the management of waste. The HSE has revised guidance on exposure to welding fume. There are three new consultations in progress; one by The Marine and Coastguard Agency and two by The Environment Agency. We have two prosecutions and two items of news.
New legislation
Climate change
Asp 2019 c15. Climate Change (Emissions Reduction Targets) (Scotland) Act 2019. Comes into force 31st October. An Act of the Scottish Parliament to amend the Climate Change (Scotland) Act 2009 to make provision setting targets for the reduction of greenhouse gases emissions.
Environmental permitting and pollution
SI 2019/1417. The Pollution Prevention and Control (Designation of Directives) (England and Wales) Order 2019. Comes into force 29th October. This Order designates twenty-six European Directives as relevant directives for the purposes of paragraph 20(1)(b) of Schedule 1 to the Pollution Prevention and Control Act 1999 (c.24). The Directives being designated relate to waste, water quality, air quality, asbestos pollution, public participation in environmental plans and programmes, environmental liability (to prevent or remedy environmental damage), environmental noise and chemicals.
Amending legislation
Environmental permitting and pollution
SI 2019/1440. The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 3) Regulations 2019. Coming into force 21st November. These Regulations amend SI 2012/3038 Greenhouse Gas Emissions Trading Scheme Regulations 2012 to implement some of the amendments made by Directive (EU) 2018/410, to enhance cost-effective emission reduction and low-carbon investments, and Decision (EU) 2015/1814.
Plant health, biocides and food
SI 2019/1476. The Official Feed and Food Controls (England) (Miscellaneous Amendments) Regulations 2019. Comes into force 14th December. These Regulations amend the Official Feed and Food Controls (England) Regulations 2009 (SI 2009/3255), the Plastic Kitchenware (Conditions on Imports from China) (England) Regulations 2011 (SI 2011/1517), the Food Safety and Hygiene (England) Regulations 2013 (SI 2013/2996) and the Animal Feed (Hygiene, Sampling etc and Enforcement) (England) Regulations 2015 (SI 2015/454) by updating references to EU legislation that has been revoked and replaced by Regulation (EU) 2017/625 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products.
Waste
SSI 2019/356. The Waste (Miscellaneous Amendments) (Scotland) Regulations 2019. Comes into force 10th December. These Regulations update a reference in SSI 2005/147, Landfill Allowances Scheme (Scotland) Regulations 2005, to Council Directive 99/31/EC on the landfill of waste. They also amend SSI 2009/247, Waste Batteries (Scotland) Regulations 2009, to omit references to the Waste Management Licensing Regulations 1994, which are no longer relevant.
SR 2019/1443. The Waste and Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019. Comes into force on Brexit day. Makes a minor amendment to SR 1997/2778 Waste and Contaminated Land (Northern Ireland) Order 1997. Also corrects errors in SR 2019/271 Waste (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019, SR 2019/289 Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 and SR 2019/584 Environment (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019.
Guidance
The Health and Safety Executive (HSE) has revised guidance on exposure to welding fume. Task specific guidance for welding, cutting and associated tasks is provided in a suite of documents: • WL0 – Advice for managers • WL2 – Welding in confined/limited/restricted spaces • WL3 – Welding Fume Control • WL14 – Manual gas and oxy-gas cutting • WL15 – Plasma arc cutting: fixed equipment • WL16 – Arc-air gouging (air-carbon arc gouging) • WL18 – Surface preparation: Pressure blasting (small items) • WL19 – Surface preparation: Pressure blasting (medium-sized items) • WL20 – Surface preparation: Pressure blasting (Large items) • WL21 – Weld cleaning with pickling paste
EU Legislation
Nothing of relevance published this month
Consultations
The Marine and Coastguard Agency is consulting on the recasting of the SI 1999/2723 Merchant Shipping (Life-Saving Appliances For Ships Other Than Ships Of Classes III to VI(A)) Regulations 1999. Consultation closes 23rd December. This is to reflect up to date requirements as contained in the International Convention for the Safety of Life at Sea (SOLAS). https://www.gov.uk/government/consultations/consultation-on-recasting-the-merchant-shipping-life-saving-appliances-regulations
The Environment Agency is consulting on changes to river basin management plans. Consultation closes 24th April 2020. https://consult.environment-agency.gov.uk/environment-and-business/challenges-and-choices/
The Environment Agency is consulting on the development of three new Standard Rules. Consultation closes 31st January 2020. These rules are for waste operators who carry out the treatment of: • waste mattresses for recovery (SR 2019 No 4) • waste paper, cardboard and plastic for recovery (SR 2019 No 5) • waste tyres for recovery (SR 2019 No 6) The consultation also covers amendments to three other Standard Rules. New waste codes will be added to SR2008 No12 and SR2008 No13. Changes will also be made to SR2015 No18 covering the acceptance and storage of intact waste vehicle catalytic converters and amending a number of conditions. https://consult.environment-agency.gov.uk/environmental-permitting/standard-rules-consultation-no-21/
Prosecutions of note.
A Leicestershire based aluminium extrusion company has been fined £133,000 and ordered to pay costs of £6,346 after an employee suffered serious hand and leg injuries. An investigation by the Health and Safety Executive (HSE) found that an unsafe system of work had been used. No risk assessment had been carried out of the work being carried. It was also found that employees undertaking the work were inadequately trained.
A Buckinghamshire property management and development organisation has been fined £600,000 and ordered to pay costs of £13,995 after five employees developed Hand Arm Vibration Syndrome (HAVS). An investigation by the Health and Safety Executive (HSE) found the company failed to assess or manage the risks associated with vibrating tools. It also failed to provide suitable training or health surveillance for its maintenance workers and failed to maintain and replace tools which increased vibration levels.
In the news The Health and Safety Executive (HSE) has released the annual injury and ill-health […]
Dear Simplifi User,
Here is our newsletter for December 2019. May we wish you a very happy Christmas and everything of the best in 2020. This month, perhaps as a result of the general election and the time of the year, we have very little report. It would therefore seem an opportune moment to send out our review of legislation brought about Brexit.
New legislation
Plant Health
SR 2019/230. The Plant Health (Official Controls and Miscellaneous Provisions) Regulations (Northern Ireland) 2019. Comes into force 14th December. These Regulations give effect to Regulation (EU) 2016/2031 on protective measures against pests of plants, and Regulation (EU) 2017/625 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products
The Regulations also implement in relation to Northern Ireland
(a)Council Directive 69/464/EEC on control of Potato Wart Disease
(b)Council Directive 93/85/EEC on the control of potato ring rot
(c)Council Directive 98/57/EC on the control of Ralstonia and
(d)Council Directive 2007/33/EC on the control of potato cyst nematodes
Amending legislation
Environmental Protection
SR 2019/223. The Genetically Modified Organisms (Deliberate Release) (Amendment) Regulations (Northern Ireland) 2019. Comes into force 6th Jan 2020. These Regulations amend the Genetically Modified Organisms (Deliberate Release) Regulations Northern Ireland 2003 (SR 2003/167)
Guidance
Nothing of relevance
EU Legislation
Nothing of relevance
Consultations
Nothing of relevance
Prosecutions of note.
A County Durham plastic packaging manufacturer has been fined £150,000 and ordered to pay £1,061 costs after an accident resulted in an employee suffering multiple fractures to their pelvis and legs. While reversing a forklift truck, it caught a stacked bulk bag (FIBC) tearing it and causing it to spill its contents. The employee attempted to repair the tear but a FIBC higher in the stack, weighing about 1 tonne, fell and struck the employee. The Health and Safety Executive (HSE) investigation found that the FIBCs were stacked in an unsafe manner at a height of approximately 2.2 metres.
A water and wastewater company has been fined £300,000 and instructed to pay costs of £16,419 following a breach of the Confined Spaces Regulations 1997. Three workers were carried down a sewer by a torrent of water resulting from the collapse of a 150-year-old penstock (gate). An investigation by the Health and Safety Executive (HSE) found that while the company had planned individual work activities, it failed to properly coordinate these as the permission and authorisation system was fragmented. The company had no effective means of collating, comparing and adapting to the impact of multiple work activities. While the workers suffered only minor physical injuries, they have required treatment for long-term traumatic stress