SI 2018/1094.
18th October 2018
SR 2018/184.
29th October 2018

October news letter


Dear Simplifi User,

November is Movember when “brave and selfless men around the world grow a moustache, and women step up to support them, to raise awareness and funds for men’s health – specifically prostate and testicular cancer”.  Now, not wanting to put a dampener on such enlightened activity, we thought we should consider if there might be implications resulting from the new growth of facial hair with respect to health and safety?

The Health and Safety at Work Act and the Management of Health and Safety at Work Regulations require employers to provide and maintain, so far as is reasonably practicable, a safe working environment.  Regulation 9 of the COSHH Regulations covers the maintenance, examination and testing of control measures, which include respiratory protective equipment (RPE).

HSG53 Respiratory Protective Equipment at Work, A practical Guide provides further information, including the carrying out of a face fit test.  HSE comment that facial hair may make it impossible to get a good seal of a mask to the face.

So, while growth to support Movember is to be applauded there are aspects which may require further consideration.  It may be necessary for growers to wear alternative forms of RPE which do not rely on a tight fit to the face.

New legislation

Radiation and Radioactive substances.

 SI 2018/1094. The Special Fissile Materials (Right of Use and Consumption) (EU Exit) Regulations 2018.  Comes into force on Brexit day.  These Regulations end the unlimited right of use and consumption of special fissile materials, granted under Article 87 of the Euratom Treaty, as the collective ownership of special fissile materials, under Article 86 of the Treaty, will cease to be effective on the date the UK withdraws from the Treaty.


Amending legislation


SI 2018/1089. The Environmental Noise (England) (Amendment) Regulations 2018. Comes into force 31st December.  These Regulations amend the Environmental Noise (England) Regulations 2006 (SI 2006/2238) to implement Commission Directive (EU) 2015/996 establishing common noise assessment methods according to Directive 2002/49/EC.


Plant protection.

SI 2018/1025. The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018.  Comes into force on Brexit day. These Regulations are made in exercise of the powers in section 8(1) of the European Union (Withdrawal) Act 2018.  These Regulations make amendments to SI 2012/178 The Forest Law Enforcement, Governance and Trade Regulations 2012 and SI 2013/233 The Timber and Timber Products (Placing on the Market) Regulations 2013 to minimise the risk of placing illegally harvested timber and timber products derived from such timber on the market.

SI 2018/1048.  The Plant Health (Forestry) (Amendment) (England and Scotland) Order 2018.  Comes into force 1st November. This Order amends the Plant Health (Forestry) Order 2005 (S.I. 2005/2517) to (a)implement Commission Implementing Decision (EU) 2017/2352 amending Implementing Decision (EU) 2015/789 as regards measures to prevent the introduction into and spread within the Union of Xylella fastidiosa (Wells et al.) (b)introduce emergency measures to prevent the introduction of Thaumetopoea processiona L. (the Oak Processionary Moth) into the area in England and Scotland which is recognised as a protected zone for this harmful plant pest; (c)amend various references to EU instruments that are out of date.

SI 2018/1051.   The Plant Health (England) (Amendment) (No. 4) Order 2018.  Comes into force 1st November.   This Order amends the Plant Health (England) Order 2015 (SI 2015/610) to implement Commission Implementing Decision (EU) 2018/638 establishing emergency measures to prevent the introduction into and the spread within the Union of the harmful organism Spodoptera frugiperda (Smith).  It also removes provisions in SI 2015/610 which implement various EU instruments which are no longer in force.


SR 2018/171. The Ship Recycling Facilities (Amendment) Regulations (Northern Ireland) 2018. Comes into force 29th October.  This regulation amends the definition of the “European List” in SR 2015/229. The Ship Recycling Facilities Regulations (Northern Ireland) 2015.



 Radiation and Radioactive substances.

SI 2018/1079. The Nuclear Safeguards Act 2018 (Commencement No. 1) Regulations 2018.  The following provisions of the Nuclear Safeguards Act 2018 come into force on 26th October 2018— (a)section 1(2) to 1(4);(b)paragraphs 1, 3, 5, 9, 10 and 13 of the Schedule and section 1(5) in so far as it relates to those paragraphs;(c)section 2; and (d)section 4.



The Marine and Coastguard Agency is consulting on revisions to MGN 570 Emergency Drills and MGN 571 Prevention of Man Overboard.  Consultation closes 31st October.

These MGNs are being updated to reflect the implementation of the ILO Work in Fishing Convention C.188 and the future publication of MGN 588 – Compulsory Provision and Wearing of Personal Floatation Devices on Fishing Vessels. These MGNs will replace MGN 570(F) – Fishing Vessels: Emergency Drills and MGN 571(F) Fishing Vessels: Prevention of Man Overboard.

DEFRA is consulting on three draft Noise Action Plans covering roads, railways and agglomerations (large urban areas). Consultation closes 15th November.  This consultation is on the third round of noise action plans which will replace those previously adopted. The action plans have been prepared in line with the terms of the Environmental Noise Directive (END), which requires Member States to produce noise maps every five years. They chart the level of noise from industry and transport sources, and the number of people exposed to it. The action plans provide guidance for those responsible for managing the noise on how best to do so.

DEFRA is consulting whether there should be a Waste Electrical and Electronic Equipment (WEEE) compliance fee set for 2018.  Consultation closes 18th November.


Prosecutions of note.

A Bedfordshire waste company has been fined £100,000 and ordered to pay costs of £11,603 after two of its employees suffered burns whilst using an industrial plastic shredder to process flammable aerosol containers. While using a gas operated forklift to lift the canisters into a shredder, a spark from the forklift ignited a cloud of gas created by the shredded aerosols, leading to an explosion. While both workers were injured, one suffered serious third degree burns which left him in an induced coma for 10 days, on a life support machine.  An investigation by the Health and Safety Executive (HSE) found the work was not suitably planned, not supervised by a competent person nor was it carried out in a safe manner.