Charity fined £30,000
25th September 2018SI 2018/1025.
27th September 2018Simplifi September news letter
Dear Simplifi User,
We recently had a query asking if there was specific legislation with respect to the control of Legionella in the work place. The answer is NO, but..
As for any substance hazardous to health Sections 3.2 and 3.3 of The Health and Safety at Work Act 1974 apply. Section 2(1) imposes a duty on employers to ensure, as far as reasonably practicable, the health, safety and welfare at work of all his employees. Section 2(2)(d) requires places of work under the control of an employer to be maintained in a state which is safe and not a risk to health. Section 3 (1) requires employers to conduct their undertakings in such a way that persons who are not employees but who may be affected thereby are not exposed to risks to their health or safety.
In addition, SI 2002/2677 The Control of Substances Hazardous to Health Regulations 2002 (COSHH) provides a framework of actions to control the risk from a range of hazardous substances, including biological agents (eg Legionella) – to identify and assess the risk, and implement any necessary measures to control any risk.
The COSHH Regulations are supported by an Approved Code of Practice (ACOP) for the Control of Legionella (L8) which is available in the Guidance section of the Simplifi website or at http://www.hse.gov.uk/pUbns/priced/l8.pdf.
This legislation also applied to landlords, as under Section 53 of HSWA they are regarded as being self-employed and tenants fall into the class of “other persons (not being his employees)”.
Key to the demonstration of compliance is the maintenance of good records which must include a risk assessment, a control plan, with system drawings, and the results of monitoring and routine inspections.
New legislation
Nothing of relevance published this month.
Amending legislation
Energy
SI 2018/980. The Scotland Act 2016, Wales Act 2017 and Onshore Petroleum (Consequential, Transitional and Saving Provisions and Model Clauses) Regulations 2018. Comes into force 1st October. These Regulations make amendments to the regime for the licensing of petroleum which has been devolved to the Welsh Assembly for the granting and regulation of licences to search and bore for and get petroleum within the “Welsh onshore area”. They also make similar amendments with respect of petroleum licensing within the “Scottish onshore area”.
Quality
SI 2018/995. The Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018. Comes into force 11th October. These Regulations amend both the Copyright, Designs and Patents Act 1988 (A 1988 c.48) and the Copyright and Rights in Database Regulations 1997 (SI 1997/3032). These Regulations amend how the exception permitted under the Infosoc Directive, and required under the Directive, is implemented in the UK.
Plant protection.
SSI 2018/ 283. The Plant Health (Scotland) Amendment (No. 2) Order 2018. Comes into force 17th November. Amends The Plant Health (Scotland) Order 2005 (SSI 2005/613). It implements Commission Implementing Decision 2018/490 repealing Decision 2007/365/EC on emergency measures to prevent the introduction into and spread within the Community of Rhynchophorus ferrugineus (Olivier).
Work equipment
SI 2018/1004. The Vehicle Drivers (Certificates of Professional Competence) (Amendment) (EU Exit) Regulations 2018. Comes into force on Brexit day. These Regulations amend SI 2007/605 The Vehicle Drivers (Certificates of Professional Competence) Regulations 2007. The Regulations ensure that following the withdrawal of the United Kingdom from the European Union, the domestic system regarding certificates of professional competence continues to operate effectively.
SR 2018/966. The Simple Pressure Vessels, Electrical Equipment and Pressure Equipment (Miscellaneous Amendments) (Northern Ireland) Regulations 2018. Comes into force 1st October. These Regulations amend, with respect to Northern Ireland, the Simple Pressure Vessels (Safety) Regulations 2016 (SI 2016/1092), the Electrical Equipment (Safety) Regulations 2016 (SI 2016/1101), and the Pressure Equipment (Safety) Regulations 2016 (SI 2016/1105). The amendments have the effect of aligning provisions relating to enforcement by the Health and Safety Executive for Northern Ireland with those for enforcement by the Health and Safety Executive in relation to the rest of the United Kingdom.
Revocation
Nothing published this month
EU legislation
Nothing published of relevance this month
Eire legislation
RI 2018/296. European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018. Comes into force 1st September. These Regulations transpose into Irish law the provisions of Directive 2014/52/EU on the assessment of the effects of certain public and private projects on the environment by amending the Planning and Development Act 2000, the Planning and Development (Housing) and Residential Tenancies Act 2016, the Planning and Development (Amendment) Act 2018 and the Planning and Development Regulations 2001.
Consultations
The Marine and Coast Guard Agency is consulting on changes to the Merchant Shipping (Safety of Navigation) Regulations. Consultation closes 19th November. The change is to bring up to date the UK’s transposition of Chapter V (Safety of Navigation) of the International Maritime Organization’s (IMO) International Convention for the Safety of Life at Sea 1974 (SOLAS). The change will also introduce a facility to incorporate any future amendments to the technical standards in the Chapter into UK law by reference on an ongoing basis, instead of transposing it provision by provision. https://www.gov.uk/government/consultations/consultation-on-the-merchant-shipping-safety-of-navigation-regulations
In the News.
The third edition of EH40/2005 has just been published (August 2018). This latest version of EH40 has been updated to include new and revised workplace exposure limits (WELs) introduced by the 4th Indicative Occupational Exposure Limit Values (IOELV) Directive. A copy has been posted in the guidance section. http://www.hse.gov.uk/pubns/priced/eh40.pdf
A £3,000,000 support scheme launched to reduce air pollution from farming. Farming is responsible for eight-eight percent of all UK emissions of ammonia gas which can travel long distances, be damaging to the environment, and combine with other pollutants to form particulates, which are harmful to human health. The Catchment Sensitive Farming partnership between Defra, the Environment Agency and Natural England will support farmers to reduce these emissions. https://www.gov.uk/government/news/3m-support-scheme-launched-to-reduce-air-pollution-from-farming
Prosecutions of note.
A Sheffield steel company has been fined £450,000 with £32,099 costs following an incident when a worker fell into an open pit, injuring his kidney and ribs. An investigation by the Health and Safety Executive (HSE) found a risk assessment had been completed by Tata Steel UK Limited in October 2012, sixteen months before the incident, which had identified the need to provide a barrier round the pit when the floor plates had been removed to empty the skip. A barrier was not provided round the pit until after the incident occurred.
A Cambridgeshire charity has been fined £30,000 and ordered to pay costs of £6,654 after a member of the public lost her leg when she became trapped under a lorry carrying a fairground ride. An investigation by the Health and Safety Executive (HSE) found that the charity failed to organise safe workplace transport whilst setting up for the event, which meant that appropriate controls such as such as temporary barriers were not put in place to segregate vehicles and pedestrians.