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 23^rd 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 23^rd 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 19^th 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 14^th 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 26^th 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 11^th 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 6^th 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 1^st 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 15^th 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 washer, ignited and caused an explosion. Both suffered significant burn injuries, with one so badly hurt that they could not return to work for over two months. An investigation by the Health and Safety Executive into the incident found that no risk assessment had been undertaken for the procedure of cleaning the distillation tank and that no safe system of work had been put in place. The investigation also found that no planning had been undertaken for the use of the flammable chemical during the cleaning activity.