November news letter

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 statistics for Great Britain for the year 2018/19. HSE commented that there have been no significant changes to industries in which there is a higher risk of sustaining an injury while at work. In summary:
• 1.4 million working people suffering from a work-related illness
• 2,526 mesothelioma deaths due to past asbestos exposures (2017)
• 147 workers killed at work (2018/19)
• 581,000 injuries occurred at work according to the Labour Force Survey
• 69,208 injuries to employees reported under RIDDOR
• 28.2 million working days lost due to work-related illness and workplace injury

Martin Temple, chairman of the Health and Safety Executive (HSE), addressed delegates at the opening session of the Oil and Gas UK (OGUK) HSE Conference in Aberdeen on Wednesday 6th November. He spoke about the down-manning of EnQuest’s Thistle Alpha installation last month. The platform, around one hundred and twenty-five miles north-east of Shetland, evacuated its crew after a subsea inspection found deterioration in the condition of a metal plate connecting a storage tank to the platform’s legs. This deterioration was similar to that which triggered the drastic capsize, and resulting death of one hundred and twenty-three men, in 1980 of the Alexander L Kielland, in the Norwegian sector of the North Sea. Mr Temple said that recent case, among others, highlighted the need for the sector to focus on asset integrity. He also spoke about Process Safety Leadership principles to which industry leaders from various offshore bodies have recently signed up. These principles are designed to prevent repeats of events such as Piper Alpha or the 2005 Buncefield explosion at the Hertfordshire Oil Storage Terminal.