Check how your business can still use chemicals once the UK leaves the EU

We hope you find our news updates useful. If you know of anyone who may benefit from reading them, please encourage them to register at the bottom-left of our news page (http://www.eljay.co.uk/news/) and we’ll email them a link each time an update is published. If in the unlikely event any difficulties are experienced whilst registering we’ll be more than happy to help and can be contacted on 07896 016380 or at Fiona@eljay.co.uk

If the UK leaves the EU without a deal, and you are a company that makes, supplies or uses chemicals, there may be changes that affect your business.

Your business may need to make changes before the UK leaves the EU. Please visit Prepare for EU Exit (https://www.gov.uk/euexit) to find more detailed guidance on policy changes relevant to your sector and to sign up for updates.

Importing and exporting

Preparing for disruption to trade at the UK-EU border

  1. Get a UK Economic Operator Registration and Identification (EORI) number (https://www.gov.uk/guidance/get-a-uk-eori-number-to-trade-within-the-eu) so you can continue to import or export goods and apply for authorisations that will make customs processes easier for you.
  2. Decide if you want to hire an import-export agent, or make the declarations yourself (https://www.gov.uk/guidance/declaring-your-goods-at-customs-if-the-uk-leaves-the-eu-with-no-deal)
  3. Contact the organisation that moves your goods (for example, a haulage firm) to find out what information they need to make the declarations for your goods, or if you will need to make them yourself.

Read the guidance on simplified customs procedures for trading with the EU if we leave without a deal: https://www.gov.uk/guidance/customs-procedures-if-the-uk-leaves-the-eu-without-a-deal

Further information is provided in HMRC’s advice for businesses trading with the EU: https://www.gov.uk/government/publications/no-deal-brexit-advice-for-businesses-only-trading-with-the-eu

Preparing for changes to existing trade agreements

Check the way you currently trade with non-EU countries. When the UK leaves the EU the way you access existing favourable arrangements with these countries may change. Changes may be different for each country.

Read the guidance on changes to trading with non-EU countries that have a free trade agreement with the EU: https://www.gov.uk/government/publications/existing-trade-agreements-if-the-uk-leaves-the-eu-without-a-deal/existing-trade-agreements-if-the-uk-leaves-the-eu-without-a-deal

Preparing for changes to import tariffs

If the UK leaves the EU without a deal, the UK would implement a temporary tariff regime. This would apply for up to 12 months while a full consultation, and review on a permanent approach, is undertaken.

Under the temporary tariff regime the majority of UK imports would be tariff-free.

In certain sectors, tariffs would be maintained to support the most sensitive agricultural industries, the automotive sector, vulnerable industries exposed to unfair global competition, and to maintain the UK government’s commitment to developing countries.

Check the temporary rates of customs duty on imports after EU Exit: https://www.gov.uk/guidance/check-temporary-rates-of-customs-duty-on-imports-after-eu-exit

Regulation and standards

Chemical regulations

After the UK leaves the EU there will be changes to all chemical regulations, including EU REACH (the Registration, Evaluation, Authorisation and Restriction of Chemicals Regulation).

If the UK leaves the EU without a deal, the EU REACH regulations will be brought into UK law to create ‘UK REACH.’

Maintain your access to EU/EEA market

If the UK leaves the EU without a deal, you will need to transfer your registrations to an EU/EEA-based organisation or support your EU/EEA-based importers to become registrants. Read the guidance from the European Chemicals Agency (EHCA): https://echa.europa.eu/uk-withdrawal-from-the-eu

Maintain access to UK markets

If you are a business based in the UK with an EU REACH registration, your registration will be legally recognised in UK REACH. However, you will need to take action to validate your grandfathered registration.

You will need to:

  • open an account on REACH IT once it is established and provide initial information on your registration within 120 days of the UK leaving the EU
  • provide full technical information on your registration within 2 years of the UK leaving the EU

Further information is provided on the HSE website: http://www.hse.gov.uk/brexit/reach.htm

UK-based downstream user or distributor of an EU REACH registered substance

If you currently purchase a chemical substance directly from an EU/EEAsupplier, you must make sure any substances you purchase are covered by a valid UK REACH registration by someone within your supply chain. In order to remain compliant by registering as an ‘importer’, you must:

  • open an account on REACH IT and provide initial information on your registration within 180 days of the UK leaving the EU
  • provide full technical information on your registration within 2 years of the UK leaving the EU.

Read the guidance on regulating chemicals if the UK leaves the EU without a deal: https://www.gov.uk/government/publications/regulating-chemicals-reach-if-theres-no-brexit-deal/regulating-chemicals-reach-if-theres-no-brexit-deal and the chemical regulation guidance from HSE: http://www.hse.gov.uk/brexit/reach-guidance.htm

You might also have to take some actions if you deal with:

Energy and climate

Participating in the EU Emissions Trading Scheme (EU ETS)

If the UK leaves the EU without a deal, then the EU rules governing the EU ETS would no longer apply to the UK.

Business emissions from 1 January 2019 onwards will no longer be covered by the EU ETS, so UK businesses would no longer need to surrender allowances for these emissions at the end of each year.

However, all stationary installations currently participating in the EU ETS should continue to comply with the regulations for the monitoring, reporting and verification of greenhouse gases. These regulations will underlie the new UK Carbon Emissions Tax.

The UK Carbon Emissions Tax will be introduced on 1 April 2019 and the reporting period for stationary operators will be 1 April 2019 to 31 December 2019. The 2019 tax will be set at £16 per tonne. Subject to state aid approval, the scheme to compensate energy-intensive industries for the indirect costs of the EU ETS would remain in place to compensate for the indirect emission costs of the new Carbon Emissions Tax.

Accounts administered by the UK in the EU ETS allowance registry and Kyoto Protocol registry will be blocked from the point of the UK leaving the EU. Operators wishing to retain access to their allowances after the withdrawal date should consider opening an account in another member state’s registry for this purpose, and should consider the amount of time this is likely to take. Clean Development Mechanism project developers with a UK Letter of Authority will also need a letter of approval from a different Designated National Authority.

Until further notice, the UK government will not issue or auction any 2019 EU ETS allowances. It remains possible for allowances to be purchased through the European Energy Exchange (EEX) auction platform (http://www.eex.com/en/), and on the secondary market. Operators should consider this when planning to meet 2018 compliance obligations. To make sure your obligations will not be affected, the government brought forward the 2018 compliance year deadlines (https://www.gov.uk/government/consultations/bringing-forward-eu-emissions-trading-system-2018-compliance-deadlines-in-the-uk), published on 7 March 2018. This states that you need to report your 2018 emissions by 11 March 2019, and surrender allowances for those emissions by 15 March 2019.

Carbon Emissions Tax legislation is included in the Finance Bill 2018-19.

Read the guidance on meeting climate change requirements if the UK leaves the EU without a deal: https://www.gov.uk/government/publications/meeting-climate-change-requirements-if-theres-no-brexit-deal/meeting-climate-change-requirements-if-theres-no-brexit-deal and the Carbon Emissions Tax policy paper: https://www.gov.uk/government/publications/carbon-emmisions-tax/carbon-emmisions-tax

Your employees

Employing EU workers

If the UK leaves the EU without a deal, EU citizens who are resident in the UK before 29 March 2019 will be able to apply to the EU Settlement Scheme (https://www.gov.uk/settled-status-eu-citizens-families) to get settled or pre-settled status, which will mean they can continue to live, work and study in the UK.

The scheme will be open to applications from 30 March 2019 and EU workers must apply by 31 December 2020 if the UK leaves the EU without a deal.

You can use the EU Settlement Scheme guidance for employers (https://www.gov.uk/government/publications/eu-settlement-scheme-employer-toolkit) to give further information to your employees.

Applying for skilled-work or unskilled-work visas

If the UK leaves the EU without a deal, there will be a new process for EU citizens (https://www.gov.uk/guidance/european-temporary-leave-to-remain-in-the-uk) arriving in the UK before 31 December 2020. From 1 January 2021, a new skills-based immigration system (https://www.gov.uk/government/publications/the-uks-future-skills-based-immigration-system) will launch.

For non-EU nationals, EU Exit will not affect the application process for work visas.

Contains public sector information licensed under the Open Government Licence v3.0.

HEALTH & SAFETY NEWS UPDATE – 12TH NOVEMBER 2015

REGISTER BELOW-LEFT TO RECEIVE OUR UPDATES BY EMAIL

IN THIS UPDATE

Introduction

Smoke and Carbon Monoxide Alarm (England) Regulations 2015 – landlords now required by law to install working smoke and carbon monoxide alarms in their properties

Working safely with lead – roofing firm fined after workers are exposed

HSE and HMRC working together for you – growing your business

Introduction

Last month, as part of wider government moves to ensure that there are sufficient measures in place to protect public safety (while at the same time avoiding regulation which would push up rents and restrict the supply of homes – limiting choice for tenants), the Smoke and Carbon Monoxide Alarm (England) Regulations 2015 took effect – requiring landlords to install working smoke and carbon monoxide alarms in their properties and, as a result, helping to prevent up to 26 deaths and 670 injuries a year.

Last week, a roofing company was fined £3,000 and ordered to pay £893.95 in costs after workers were put at risk of significant levels of exposure to lead. The company was found to have not assessed the risks of exposure to working with lead or implemented suitable controls to prevent that exposure. So this week, we share HSE guidance on working with safely with lead, and action required by employers to reduce lead risk to workers.

Is your business growing, and are you taking on new employees? Then you’re likely to be facing new issues and concerns – particularly with regard to health and safety. Whilst we encourage readers to contact us with any queries, we welcome the move by the HSE and HMRC in working together to deliver a live webinar which looks at some of the questions you may have and guides you through the answers. Details of webinar dates – the first of which is next week – and how to register are provided below.

We hope you find our news updates useful. If you know of anyone who may benefit from reading them, please encourage them to register at the bottom-left of our news page (http://www.eljay.co.uk/news/) and we’ll email them a link each time an update is published. If in the unlikely event any difficulties are experienced whilst registering we’ll be more than happy to help and can be contacted on 07896 016380 or at Fiona@eljay.co.uk

Smoke and Carbon Monoxide Alarm (England) Regulations 2015 – landlords now required by law to install working smoke and carbon monoxide alarms in their properties

Landlords are now required by law to install working smoke and carbon monoxide alarms in their properties, under measures announced by Housing Minister Brandon Lewis earlier this year.

The move will help prevent up to 26 deaths and 670 injuries a year.

The measure took effect last month, and comes with strong support after a consultation on property condition in the private rented sector.

England’s 46 fire and rescue authorities are expected to support private landlords in their own areas to meet their new responsibilities with the provision of free alarms, with grant funding from government.

This is part of wider government moves to ensure there are sufficient measures in place to protect public safety, while at the same time avoiding regulation which would push up rents and restrict the supply of homes, limiting choice for tenants.

Housing Minister Brandon Lewis said:

In 1988 just 8% of homes had a smoke alarm installed – now it’s over 90%.

The vast majority of landlords offer a good service and have installed smoke alarms in their homes, but I’m changing the law to ensure every tenant can be given this important protection.

But with working smoke alarms providing the vital seconds needed to escape a fire, I urge all tenants to make sure they regularly test their alarms to ensure they work when it counts. Testing regularly remains the tenant’s responsibility.

Communities Minister Stephen Williams said:

We’re determined to create a bigger, better and safer private rented sector – a key part of that is to ensure the safety of tenants with fire prevention and carbon monoxide warning.

People are at least 4 times more likely to die in a fire in the home if there’s no working smoke alarm.

That’s why we are proposing changes to the law that would require landlords to install working smoke alarms in their properties so tenants can give their families and those they care about a better chance of escaping a fire.

Ensuring the safety of tenants

Other measures to support the private rented sector include investing £1 billion in building newly-built homes specifically for private rent, giving tenants support against rogue landlords and publishing a How to rent guide so tenants and landlords alike are aware of their rights and responsibilities.

The changes to the law require landlords to install smoke alarms on every floor of their property, and test them at the start of every tenancy.

Landlords also need to install carbon monoxide alarms in high risk rooms – such as those where a solid fuel heating system is installed.

Those who fail to install smoke and carbon monoxide alarms will face sanctions and could face up to a £5,000 civil penalty.

This will bring private rented properties into line with existing building regulations that already require newly-built homes to have hard-wired smoke alarms installed.

And it’s in line with other measures the government has taken to improve standards in the private rented sector, without wrapping the industry up in red tape.

The Department for Communities and Local Government has published an explanatory booklet for landlords, ‘Smoke and carbon monoxide alarms’, free to download by clicking on the link: https://www.gov.uk/government/publications/smoke-and-carbon-monoxide-alarms-explanatory-booklet-for-landlords. The booklet is designed to help landlords further understand and comply with the Smoke and Carbon Monoxide Alarm (England) Regulations 2015.

For clarification or more information, please contact us on 07896 016380 or at Fiona@eljay.co.uk, and we’ll be happy to help.

Working safely with lead – roofing firm fined after workers are exposed

A Gloucestershire roofing company has pleaded guilty to health and safety failings after workers were put at risk of significant levels of exposure to lead.

Last week, Worcester Magistrates’ Court was told that during a routine HSE inspection, the company was observed carrying out replacement lead work on a roof in Worcester.

The company was found to have not assessed the risks of exposure to working with lead or implemented suitable controls to prevent that exposure.

There were no known medical affects found in the two workers although significant levels of lead were found in their blood.

The roofing company pleaded guilty to Control of Lead at Work 6(1) and was fined £3,000 and ordered to pay £893.95 in costs.

Working safely with lead

Working with lead can put your health at risk, causing symptoms including headaches, stomach pains and anaemia. Other serious health effects include kidney damage, nerve and brain damage and infertility.

Health effects from exposure to lead

The Control of Lead at Work Regulations 2002 (CLAW) place a duty on employers to prevent, or where this is not reasonably practicable, to control employee exposure to lead.

The occupational exposure limit for lead in air set out in the Regulations is 0.15 mg/m3, and blood lead suspension levels for males and females are 60 and 30ug/dl, respectively.  For young workers (under 18) the blood lead suspension limit is 50 μg/dl.  However there is growing scientific evidence that employees’ health is at risk, even where exposure to lead is below the levels in CLAW, for example, above levels of 40ug/dl, the following health effects have been observed:

  • changes in the blood which might lead to anaemia
  • effects on the nervous system
  • effects on the kidney
  • altered functioning of the testicles which could lead to infertility

At exposures around 30ug/dl, elevated blood pressure in middle-aged males has been reported.

HSE is therefore reminding employers of good practice for controlling workers’ exposures to lead.

The Control of Lead at Work Regulations 2002 (CLAW) place a duty on employers to prevent, or where this is not reasonably practicable, to control employee exposure to lead.

When are you most at risk?

Work processes

When you work in industrial processes which create lead dust, fume or vapour. These include:

  • blast removal and burning of old lead paint
  • stripping of old lead paint from doors, windows etc
  • hot cutting in demolition and dismantling operations
  • recovering lead from scrap and waste
  • lead smelting, refining, alloying and casting
  • lead-acid battery manufacture and breaking and recycling
  • manufacturing lead compounds
  • manufacturing leaded-glass
  • manufacturing and using pigments, colours and ceramic glazes
  • working with metallic lead and alloys containing lead, for example soldering
  • some painting of buildings
  • some spraying of vehicles
  • recycling of televisions or computer monitors which contain Cathode Ray Tubes (CRT’s)

Your body absorbs lead when you:

  • breathe in lead dust fume or vapour
  • swallow any lead for example if you eat, drink, smoke or bite you nails without washing your hands and face.

What you should do to protect your health

  • make sure you have all of the information and training you need to work safely with lead
  • use all of the equipment provided by your employer and follow the instructions for use
  • make sure all protective equipment fits correctly and is in good condition
  • keep your immediate work area clean and tidy
  • clear up and get rid of any lead waste at the end of the day
  • do not take home any protective clothing or footwear for washing or cleaning
  • wear any necessary protective equipment or clothing and return it to the proper place provided by your employer
  • report any damaged or defective equipment to your employer
  • only eat and drink in designated areas that are free from lead contamination
  • keep any medical appointments with the doctor where you work
  • practice a high standard of personal hygiene:
  • wash your hands and face and scrub your nails before eating
  • wash and/or shower before you go home

Action required by employers

  • Review work processes and workplaces for opportunities to reduce workers’ exposure to lead by reducing the number of people exposed, the amount of lead to which they are exposed and the length of time each worker is exposed.
  • Ensure you are using the right controls – check with industry good practice
  • Ensure the controls are always used when needed
  • Keep all controls in good working order. This means mechanical controls (eg extraction, respiratory protection), administrative controls (eg supervision, medical surveillance) and operator behaviour (following instructions).
  • Show that control is being sustained – keep good records.
  • You should consult an appointed doctor about the medical surveillance which is appropriate for your work activities and workplace.
  • If you are in doubt, seek expert help.

Personal decontamination and skin care

  • Provide clean facilities for separate storage of clean and contaminated work clothing.
  • Provide warm water, mild skin cleansers, and soft paper or fabric towels for drying. Avoid abrasive cleansers.
  • Provide pre-work skin creams, which will make it easier to wash dirt from the skin, and after-work creams to replace skin oils.

Caution: ‘Barrier creams’ are not ‘liquid gloves’ and they do not provide a full barrier.

Training and supervision

Train and supervise workers to make sure they are doing the job in the right way and using controls properly to reduce their exposure. Include supervisors and managers in health and safety training. Make sure your workers understand:

  • the hazards associated with working with lead
  • how to use dust controls, and how to check that they are working
  • how to maintain and clean equipment safely
  • how to look after personal protective equipment (PPE)
  • what to do if something goes wrong

Check workers:

  • use the controls provided
  • follow the correct work method
  • turn up for medical surveillance;
  • follow the rules on personal hygiene

For clarification or more information, please visit the HSE web page http://www.hse.gov.uk/lead/ or contact us on 07896 016380 or at Fiona@eljay.co.uk, and we’ll be happy to help.

HSE and HMRC working together for you – growing your business

Find answers to typical questions for growing businesses on health and safety and taking on new employees in this live webinar (seminar conducted over the internet).

Webinar overview

As your business starts to grow or you take on more employees you’ll face new issues and concerns. HMRC and the Health and Safety Executive are working together to deliver a live webinar about the typical situations you are likely to face. It looks at some of the questions you may have and guides you through the answers.

Webinar dates

  • 17 November 2015, 10am – 11am, register by clicking on the below link: https://attendee.gotowebinar.com/register/7646516601989812225
  • 15 December 2015, 10am – 11am, registration (TBA)
  • 12 January 2016, 10am – 11am, registration (TBA)
  • 9 February 2016, 10am – 11am, registration (TBA)
  • 8 March 2016, 10am – 11am, registration (TBA)

Once you have registered the webinar organizer will communicate with you regarding these events.

Alternatively, if you have any questions regarding any aspect of health and safety, contact us on 07896 016380 or at Fiona@eljay.co.uk, and we’ll be happy to help.

Contains public sector information published by GOV.UK and the Health and Safety Executive and licensed under the Open Government Licence

 

 

HEALTH & SAFETY NEWS UPDATE – 27TH AUGUST 2015

IN THIS UPDATE

Introduction

Self-employed – do I have duties?

Business case studies

Safety Alert – ‘Norfolk Range’ large wheeled dry powder fire extinguishers manufactured before 2009 by UK Fire International Ltd

Links to guidance on CDM 2015

Introduction

With the late summer bank holiday in striking distance, there’s no getting away from the fact that Autumn is on the horizon. And our typical British wet weather is not the only thing to have dampened our spirits over the summer months. Tragic incidents such as the Bosley Wood Flour Mill explosion and Shoreham Airshow crash have brought health and safety very much into the public eye. With investigations ongoing, the causes remain to be seen, but could possibly result in a criminal inquiry at the flour mill if evidence of negligence is found. According to an HSE press release (http://press.hse.gov.uk/2015/further-hse-enforcement-notices-issued-at-bosley-wood-flour-mill/), a Prohibition Notice has been served on the mill owners, “preventing work activities until the issues identified involving the processing and bagging of large amounts of paper dust in one of the sheds on site, have been resolved”. In their guidance document “Safe handling of combustible dusts – Precautions against explosions”(http://www.hse.gov.uk/pUbns/priced/hsg103.pdf), the HSE advises that dusts produced by many materials we use everyday are flammable, and, in the form of a cloud, can explode.

Are you self-employed? From 1 October 2015, if your work activity poses no potential risk to the health and safety of other workers or members of the public, then health and safety law will not apply to you. If you don’t know whether or not your work activity falls into this category, more information is provided below.

Do you want to know how other businesses manage health and safety? The latest suite of HSE business case studies below provides links to a variety of video and narrative case studies of businesses doing just that, effectively and proportionately, with the help of online HSE guidance.

Do your work activities involve manufacturing, warehousing or engineering? Then you may be familiar with large dry powder fire extinguishers, which are the subject of HSE’s latest safety alert.

Finally, and following on from our previous news updates on CDM 2015, we close this week with links to the following guidance:

  • L153 – Managing health and safety in construction – CDM 2015: Guidance on Regulations
  • INDG411 – Need building work done? A short guide for clients on CDM 2015 (rev)
  • Construction Phase Plan for small projects (CDM 2015) – CIS80
  • Industry guidance for dutyholders
  • CITB CDM wizard app for construction phase plan

We hope you find our news updates useful. If you know of anyone who may benefit from reading them, please encourage them to register at the bottom-left of our news page (http://www.eljay.co.uk/news/) and we’ll email them a link each time an update is published. If in the unlikely event any difficulties are experienced whilst registering we’ll be more than happy to help and can be contacted on 07896 016380 or at Fiona@eljay.co.uk

Self-employed – do I have duties?

In 2011, the Löfstedt Review link to external website recommended that those self-employed whose work activities pose no potential risk of harm to others should be exempt from health and safety law. This recommendation was accepted by Government.

So, from 1 October 2015, if you are self-employed and your work activity poses no potential risk to the health and safety of other workers or members of the public, then health and safety law will not apply to you.

HSE estimates that health and safety law will no longer apply to 1.7 million self-employed people like novelists, journalists, graphic designers, accountants, confectioners, financial advisors and online traders.

What the law says

The Health and Safety at Work etc Act 1974 (General Duties of Self-Employed Persons) (Prescribed Undertakings) Regulations 2015 (http://www.legislation.gov.uk/ukdsi/2015/9780111136980), says:

  • if your work activity is specifically mentioned in the regulations above
  • or if your work activity poses a risk to the health and safety of others, then the law applies to you

What is meant by ‘self-employed’?

For health and safety law purposes, ‘self-employed’ means that you do not work under a contract of employment (http://www.hse.gov.uk/enforce/enforcementguide/investigation/status-contract.htm) and work only for yourself.

If you’re self-employed and employ others the law will apply to you. You may be self-employed for tax purposes, but this may not be so for health and safety. This is a complex area and HMRC have produced employment status guidance (https://www.gov.uk/working-for-yourself/what-counts-as-self-employed).

What is a ‘risk to the health and safety of others’?

This is the likelihood of someone else being harmed or injured (eg members of the public, clients, contractors etc) as a consequence of your work activity.

Most self-employed people will know if their work poses a risk to the health and safety of others. You must consider the work you are doing and judge for yourself if it creates a risk or not.

For example if you operate a fairground ride for the public to use then your work could affect the health and safety of other people and you must take appropriate steps to protect them as the law will apply to you.

Find out more about ‘risk’

HSE guidance on risk management (http://www.hse.gov.uk/risk/index.htm) explains more about the risks your work activity may create and how best to manage these.

High risk activities

The law says that there are certain work activities where the law applies because they are high risk. If your work involves any of these activities, then the law will apply to you:

  • Agriculture
  • Construction
  • Gas
  • Railways
  • Asbestos
  • GMOs

For more information visit the self-employed workers guidance topic page on the HSE website: http://www.hse.gov.uk/self-employed/index.htm or contact us on 07896 016380 or at Fiona@eljay.co.uk and we’ll be more than happy to help.

Business case studies

This is the latest suite of HSE business case studies, where businesses tell their stories of how they manage health and safety effectively and proportionately and how online HSE guidance helps them to do this.

Two of the case studies focus primarily on leadership, while the others describe examples of health and safety management in SMEs.

The video case studies were produced in collaboration with 3rd year Film Production and Media students from Edge Hill University in West Lancashire.

Video case studies

Bootle Containers Ltd

Bootle Containers is a medium sized manufacturing company with 55 employees, specialising in design and production of containers.  This film describes the company’s health and safety management systems and why they think good health and safety is good for business.

Link to video: http://www.hse.gov.uk/business/casestudy/bootle-containers.htm

Lamont Cleaning and Support Services

Lamont is a small company of 15 employees, specialising in commercial and industrial window cleaning. This film shows how they work with their employees to manage health and safety.

Link to video: http://www.hse.gov.uk/business/casestudy/lamont-cleaning.htm

Laser Quest Stourbridge

Laser Quest Stourbridge is a hi tech gaming centre with 11 employees. This film describes how the owner manages the company’s health and safety.

Link to video: http://www.hse.gov.uk/business/casestudy/laser-quest.htm

Merseytravel

Merseytravel is the strategic transport authority for the Liverpool City Region, with 850 employees. This film tells how effective leadership and employee engagement improved health and safety performance.

Link to video: http://www.hse.gov.uk/business/casestudy/merseytravel.htm

Mount Anvil Ltd

Mount Anvil is a medium sized construction and development company based in London. In this film, senior leaders from the company describe how they manage health and safety and why it is so important to their business.

Link to video: http://www.hse.gov.uk/business/casestudy/mount-anvil.htm

Narrative case studies

Applied Industrial Systems Ltd.

Applied Industrial Systems Ltd (AIS) specialises in the creation and provision of software and control systems to a diverse client base across the transport, infrastructure and manufacturing sectors.

Link to case study: http://www.hse.gov.uk/business/casestudy/ais.htm

Connors Building & Restoration Services Ltd.

Connors Building & Restoration Services is an asset management company with 33 employees, specialising in building services, ground maintenance and inspection.

Link to case study: http://www.hse.gov.uk/business/casestudy/connors-building.htm

Loop Technology Ltd.

Loop Technology is a small, family run business with 21 employees, specialising in industrial automation.

Link to case study: http://www.hse.gov.uk/business/casestudy/loop.htm

Technicraft (Anglia) Ltd

Technicraft is a metal fabrication company with 25 employees. It provides services including laser cutting, punching, presswork and welding.

Link to case study: http://www.hse.gov.uk/business/casestudy/technicraft.htm

More narrative case studies for SMEs and larger businesses can be found by visiting the Business case studies page on the HSE website: http://www.hse.gov.uk/business/case-studies.htm?ebul=hsegen&cr=2/27-jul-15 or contact us for advice and guidance on 07896 016380 or at Fiona@eljay.co.uk, and we’ll be more than happy to help.

Safety Alert – ‘Norfolk Range’ large wheeled dry powder fire extinguishers manufactured before 2009 by UK Fire International Ltd

Issue Date

12 August 2015

Target Audience

All premises where large dry powder fire extinguishers are likely to be used for example: chemical industry, offshore industry, merchant shipping, nuclear industry, manufacturing, mining, warehousing, engineering, metals and minerals processing and production.

Key Issues

‘Norfolk Range’ large dry powder fire extinguishers, manufactured before 2009, may be affected by moisture ingress at a threaded joint at the base of the unit, rendering the unit inoperable. The problem may not be identified during routine service inspections.

  • Users should identify if their extinguishers are likely to be affected. If yes and the extinguisher has been left exposed to adverse conditions since its last extended service, the condition of the elbow joint at the base of the unit should be examined by a competent service engineer.
  • If you are unsure if your extinguishers are affected by this safety alert, consult Britannia Fire Ltd.
  • Service engineers should closely examine, and if necessary, remove the elbow to confirm if there is evidence of water ingress to the discharge tube. If there is any doubt about moisture affecting the powder in the discharge tube, consider subjecting the extinguisher to an extended service including full replacement of the dry powder.

For more information click on the link: http://www.hse.gov.uk/safetybulletins/norfolk-large-wheeled-dry-powder-fire-extinguishers.htm or contact us on 07896 016380 or at Fiona@eljay.co.uk, and we’ll be more than happy to help.

Links to guidance on CDM 2015

L153 – Managing health and safety in construction – CDM 2015: Guidance on Regulations

http://www.hse.gov.uk/pubns/books/l153.htm?ebul=gd-cons/jul15&cr=2

INDG411 – Need building work done? A short guide for clients on CDM 2015 (rev)

http://www.hse.gov.uk/pubns/indg411.htm?ebul=gd-cons/jul15&cr=3

Construction Phase Plan for small projects (CDM 2015) – CIS80

http://www.hse.gov.uk/pubns/cis80.pdf?ebul=gd-cons/jul15&cr=4

Industry guidance for dutyholders

http://www.citb.co.uk/health-safety-and-other-topics/health-safety/construction-design-and-management-regulations/cdm-guidance-documents/

CITB CDM wizard app for construction phase plan

http://www.citb.co.uk/health-safety-and-other-topics/health-safety/construction-design-and-management-regulations/cdm-wizard-app/

Please note that the HSE are starting to remove the current CDM 2007 web pages and plan to remove them all by October 2015.

Contains public sector information published by the Health and Safety Executive and licensed under the Open Government Licence

Also contains public sector information licensed under the Open Government Licence v3.0.

 

HEALTH & SAFETY NEWS UPDATE – 6TH AUGUST 2015

IN THIS UPDATE

Introduction

CDM 2015 Principal Designer Role – FAQs

Powered Gates

Cutting Red Tape – The Government wants you to tell them which regulatory issues hamper your business

HSE and HMRC working together for you – growing your business

Introduction

It’s been four months now since The Construction (Design & Management) Regulations 2015 (CDM 2015) came into force, replacing CDM 2007. As virtually everyone involved in a construction project has legal duties under the regulations, it’s not surprising that the HSE has received many enquiries since the change, including those about the role of the principal designer (PD), and we open this week’s update with the HSE’s answers to some of these questions.

Following the deaths five years ago of two children after becoming trapped in powered gates, the HSE issued the following safety notices (click on the links):

http://www.hse.gov.uk/safetybulletins/electricgates.htm

http://www.hse.gov.uk/safetybulletins/electricgates2.htm

Whilst, thankfully, there have been no similar reports since then (as far as we are aware), a research report recently published by the HSE has highlighted several safety related inadequacies in the design of powered gates and so this week we’re looking at the responsibilities of those whose role it is to ensure that powered (automatic) doors and gates on their premises are safe.

Is your business hampered by regulations? Whilst we join the HSE in encouraging a “common sense” approach to health and safety, we’re certainly aware of constraints faced by our clients when trying to comply with regulations. RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013) is a common example. Of course we’re happy to help, where we can, in helping clients overcome these issues but we welcome the move by the Department of Business, Innovation and Skills (BIS) in launching a new twitter account to encourage business, and in particular, small business, to highlight issues they have.

Additional issues/concerns are faced by small businesses as they start to grow or take on more employees, and HMRC and the Health and Safety Executive are working together to deliver a live webinar about the typical situations likely to be faced. You can find out more about/register for this at the close of this update.

Our next update will be published at the end of this month, after which we’ll keep you updated on a weekly basis. But if you have any queries in the meantime, please don’t hesitate to contact us on 07896 016380, at Fiona@eljay.co.uk or via our website. Alternatively, check out the HSE website (http://www.hse.gov.uk/) where you’ll be able to find the answers to many frequently asked questions.

CDM 2015 Principal Designer Role – FAQs

The Health & Safety Executive (HSE) has received many enquires on The Construction (Design & Management) Regulations 2015 (CDM 2015) and they will be updating their web pages (http://www.hse.gov.uk/construction/cdm/2015/index.htm) with further information in due course.

In the meantime, here are a couple of answers to some frequently asked questions about the role of the principal designer (PD).

Who can carry out the role of the principal designer (PD)? 

The PD must be a designer – an architect, consulting engineer or quantity surveyor, or anyone who specifies and alters designs as part of their work.  They can also be clients, contractors and trades people if they carry out design work or arrange for or instruct persons under their control to do so.

They must have the right mix of skills, knowledge and experience (SKE) or organisational capability to carry out all the functions and responsibilities assigned to them in Regulations 11 and 12 and have control over the pre-construction phase.

Commonly, the PD is likely to be:

For larger projects – a design practice or a technical department of a principal contractor e.g. a principal contractor doing design and build;

For smaller projects – a self-employed architect/technician, small design practice, a project management company, a client’s internal estates management team, or even a specialist tradesperson such as an electrician where they lead on the design function;

So long as they meet the criteria of;

– being a designer;

– having the relevant SKE or organisational capability, and;

– being in control of the pre-construction phase.

Does CDM 2015 require the principal designer to be a member of the project design team? 

No.  The PD must be appointed by the client as soon as it is established that more than one contractor is or is likely to be working on the project to plan, manage, monitor and control the design stages.

If the client gets it right and appoints the PD early at the concept stage, then the appointment should commonly take place before the project design team has been fully identified or assembled.

The PD may provide their own design team, appoint a team or manage and control any team appointed by others.

Whatever the model, which provides maximum flexibility for the client, – the PD must be able to prove to the client that they have the SKE or organisational capability to fulfil all the functions – proportionate to the nature, size, complexity and risk profile of the project.  Once in place, the PD should be in control of the design team so that they, and the design team, can carry out their roles effectively.

Can a client carry out the role of the principal designer? 

Yes. If a client fails to, or decides not to appoint a PD the law provides that the PD role is automatically assigned to the client.

Many clients will choose to take on the PD role themselves but irrespective of whether by choice or otherwise, the client must have the SKE or organisational capability to fulfil all the PD functions and responsibilities effectively.

Powered Gates

In the light of recently published HSE research report RR1056 – ‘Critical analysis of safety related design of powered gates’ – which highlights several safety-related inadequacies and suggests alternative safety measures, those whose role it is to ensure that powered (automatic) doors and gates on their premises are safe, may be seeking clarification of their responsibilities.

The HSE web page ‘Powered gates’ (http://www.hse.gov.uk/work-equipment-machinery/powered-gates/introduction.htm) provides information and guidance (including the following – click on the links for more info) for safety on the design, construction, supply, and use, inspection, examination and maintenance of powered gates:

Basics on risks, safety and the law (http://www.hse.gov.uk/work-equipment-machinery/powered-gates/basics.htm)

Risks from powered gates

Powered gates can give rise to a number of significant hazards, including those from being:

– hit by the moving gate

– crushed against fixed and / or other moving parts

– trapped between fixed, moving and other parts

– caught on moving parts, eg gears

– electrocuted, as most are powered by electric motors, or controlled electrically

– affected by hydraulic or pneumatic parts, where these are present

Responsibilities of designers, manufacturers, installers, owners, repairers, etc (http://www.hse.gov.uk/work-equipment-machinery/powered-gates/responsibilities.htm)

Owners, occupiers and users

While the responsibility for safe design / construction and installation may rest with others, the owner / user should ensure that the installed product is safe, and kept safe. In particular they should study the User Instructions that must come with the product, assessing what servicing and inspection / safety checks may be necessary.

More on Safety by design/construction, when in use, or following maintenance (http://www.hse.gov.uk/work-equipment-machinery/powered-gates/safety.htm)

Maintaining for safety

Component parts can wear and fail, sometimes catastrophically. Like most machinery, powered doors and gates need to be maintained to remain safe. Powered gates forming parts of workplaces or in common parts of residential complexes will be subject to health and safety law. Owners, occupiers, landlords and managing agents will have on-going responsibilities for the safety of all users and all those who may encounter the gate.

Powered Gate FAQs (http://www.hse.gov.uk/work-equipment-machinery/faq-powered-gates.htm)

What are the risks with powered (automatic) doors and gates, and how can they be controlled?

What if I think a gate is unsafe?

I’m a domestic householder, do I have to do anything?

I own a commercial/industrial premises, what do I have to do?

I install doors and gates, what must I do?

As a maintenance contractor, what do I have to do?

What are the main safety requirements for these machines?

What does the law say?

Where can I get more information?

Our comment

We check the operation of powered gates when carrying out health & safety inspections of commercial and residential property. Optical/stop sensors should operate satisfactorily, and confirmation should be provided that the gates have been risk assessed and are maintained by a suitably qualified contractor in order to meet current legislative requirements.

Cutting Red Tape – The Government wants you to tell them which regulatory issues hamper your business

The Department of Business, Innovation and Skills (BIS) have launched a new twitter account to encourage business, and in particular, small business, to highlight issues they have with regulation. BIS are keen to promote this account to help engage and better understand the regulatory concerns of business, and to hear it direct from them.

You can get involved by:

– Following @CutRedTapeUK for discussion on Twitter

– Remembering to use the hashtag #cutredtape in your tweets

– Share information on how small business can grow through your social media channels, tweet using #cutredtape

– Do you have a newsletter, online group or forum? Encourage discussion about regulatory issues and share feedback.

Our comment

We’re on Twitter too! We’re following @CutRedTapeUK, and you can follow us at @Eljay_Risk_Mgmt to stay up to date with health & safety news and our range of support and training services.

HSE and HMRC working together for you – growing your business

If your business is growing and you have questions on health and safety and taking on new employees, you can find answers in a live webinar delivered by HSE and HMRC.

Webinar overview

As your business starts to grow or you take on more employees you’ll face new issues and concerns. HMRC and the Health and Safety Executive are working together to deliver a live webinar about the typical situations you are likely to face. It looks at some of the questions you may have and guides you through the answers.

Webinar dates (click on the links to register)

12 August 2015, 10am – https://attendee.gotowebinar.com/register/4319267968957115650

16 September 2015, 10am – https://attendee.gotowebinar.com/register/6473058415654087938

13 October 2015, 10am – https://attendee.gotowebinar.com/register/30011536368234241

Once you have registered the webinar organizer will communicate with you regarding these events.

Our comment

Of course we’re always available to answer any questions you may have about health and safety. Contact us on 07896 016380, at Fiona@eljay.co.uk or via our website.

Contains public sector information published by the Health and Safety Executive and licensed under the Open Government Licence

Also contains public sector information licensed under the Open Government Licence v3.0.