Jurisdiction: Great Britain

Commencement: 2^nd September 2024 and 26^th April 2025.

Amends: 

• The Official Controls (Plant Health) (Frequency of Checks) Regulations 2022
• Assimilated Regulation 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 as regards protective measures against pests of plants
• Assimilated Regulation 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

Mini Summary

Amendment

Amendment to Assimilated Regulation 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 as regards protective measures against pests of plants

We’re extremely pleased to announce that we have been shortlisted in the Environmental Social Enterprise of the Year category for the UK Social Enterprise Awards 2024.

Run by Social Enterprise UK, the Awards celebrate the leading lights in our sector, showcasing diversity and impact across 15 categories.

As many of our customers will already know, The Compliance People are unique in that we offer professional environment, health & safety, and quality compliance services. However, instead of profits going to shareholders, they are gift-aided to our charity, Newground Together, supporting environmental, social, and community projects.

Commenting on being a UK Social Enterprise Awards finalist, Ross, Marketing Manager at The Compliance People, said:

We look forward to attending the awards ceremony on 4th December, when the winners will be announced. Regardless of the outcome, we’re incredibly proud of the recognition we’ve received and remain committed to making a positive difference through our work.

We’d like to take this opportunity to wish all finalists the best of luck and to thank all our customers, partners, and the team at The Compliance People for their continued support in helping us make a real impact. Together, we can continue to champion the value of social enterprises and the good they bring to communities and the environment.

What is the DRS?
The DRS is designed to encourage people to return drinks containers for recycling and to reduce littering. The scheme will require that a small refundable deposit is added to the price of drinks sold across the UK in plastic bottles and cans. The deposit will be refunded when empty containers are returned to designated collection points.

The DRS will apply to drinks containers between 150ml and 3l which are produced in volumes of 5000 units or more and made from:

• polyethylene terephthalate (PET);
• steel; and
• aluminium

Details for glass containers will be set out separately.

Whilst each country will introduce its own laws to implement DRS, the plan is that a single system will used for registration and reporting across the UK, with a consistent process for consumers to return empty drinks containers to retailers.

N.B. Scotland introduced The Deposit and Return Scheme for Scotland Regulations 2020, these will be amended, and Scotland’s scheme will be established alongside the rest of the UK.
What is the timeline for implementation?
The UK, Welsh and Scottish governments as well as the Department of Agriculture, Environment and Rural Affairs (DAERA) in Northern Ireland have announced a revised timeline to launch the scheme from October 2027:

• Phase 1, by spring 2025.
  • Implementation of regulations to support the scheme.
  • Appointment of Deposit Management Organisations (DMOs)*.
• Phase 2, spring 2025 to spring 2026.
  • DMO(s) set up.
• Phase 3, spring 2026 – autumn 2027.
  • Set up of infrastructure, return point locations.
  • Producers to develop labelling and prepare for data collection.
• Launch, October 2027.

* A DMO will be responsible for coordinating and operating the DRS, each country will require a DMO, but this may be the same organisation.

N.B. Drinks containers will be excluded from the packaging extended producer responsibility (EPR) scheme provided that the DRS is established by 1^st January 2028.
What do I need to do?
The DRS will require action from drinks manufacturers and retailers across the UK, but the details will not be fully known until new regulations are implemented.

The anticipated requirements for organisations include the following.

• Producers of in-scope drinks containers will need to ensure that the DRS logo and labelling is added to containers covered by the scheme. They will also need to accept the return of drinks containers unless arranged through a DMO.
• Supermarkets and convenience stores across the UK will need to have a return point for drinks containers as soon as the scheme launches.
• Other organisations who sell drinks in containers, such as hospitality venues, sports centres and mobile caterers won’t need to set up a return point but can set up a voluntary return point.

We will be adding the new regulations to the Legislation Update Service as soon as they’re published over the next 12 months.

The joint policy paper published at the end of April by the Department for Environment, Food & Rural Affairs (Defra) is available online here.

The HSE defines vulnerable workers as “individuals who are at risk of having their workplace entitlements denied and who lack the capacity to secure them”. They are at a higher risk to suffer injury, illness or even fatality at work, compared to the rest of workforce.

There are different categories of vulnerable workers, including:

• pregnant workers and new mothers;
• young workers;
• elderly workers;
• inexperienced workers;
• gig economy, agency, and temporary workers;
• migrant workers;
• disabled workers;
• lone workers; and
• homeworkers.

Risk assessment
When becoming aware of a vulnerable worker, employers are encouraged to review their existing risk assessment before the individual starts or continues in their role. Where the current risk assessment and arrangements in place already protect vulnerable persons then no further action may be required, but in many cases an individual risk assessment may be needed, considering the characteristics of the worker.

The process for assessing the risk to vulnerable workers is the same as that for general workers, but there should be specific focus on factors that make them more susceptible to harm which will often require input from the employee(s) and possibly others such as medical professionals too.

In the case of new and expectant mothers, there is an absolute duty under The Management of Health and Safety at Work Regulations 1999 for the employer to complete an individual risk assessment, when an employee informs them in writing that they:

• are pregnant;
• are breastfeeding; or
• have given birth in the last 6 months.

The HSE has produced guidance on vulnerable workers and considerations when assessing the risk here.
Reasonable adjustments
Where possible, risk assessments should not be used to prevent a person from working, but instead enable the employer to make reasonable adjustments so that the employee can continue to work safely and without risk of harm to their health. However, in the case of new or expectant mothers there is the option to suspend the worker for the duration where risk may not be avoided.

The extent of “reasonable” will depend, among other things, on the size and nature of the business. Employers are not required to do more than what is considered reasonable (e.g. installing a lift can be an unreasonable adjustment for a small business, due to excessive cost).

To decide if an adjustment is reasonable, an employer should consider if:

• it will reduce risk effectively;
• is practical to make;
• is affordable; and
• whether it could harm the health and safety of others.

It’s important when deciding to make or not make reasonable adjustments to protect workers that it does not result in non-compliance to other relevant legislation. For example failure to make reasonable adjustments for a disabled worker would be considered discrimination under the Equality Act 2010.

ISO management system standards, are you considering climate change?
In February the International Organization for Standardization made the decision to add two new statements under Clause 4 in 31 international management system standards, including ISO 9001:2015, ISO 14001:2015, ISO 45001:2018 and ISO 50001:2018.

The amendment is identical in each separate standard requiring the consideration of the impact of climate change on the results of the management system.
What has changed?
Changes have been made to Clause 4 to add 2 statements, putting emphasis and providing clarification surrounding climate change considerations:

• Clause 4.1: “The organisation shall determine whether climate change is a relevant issue.” This has been added to ensure that climate change – specifically – is considered as part of that process, and its relevance determined. It is attempting to ensure that climate change is not overlooked in the process.
• Clause 4.2: “Note: Relevant interested parties can have requirements related to climate change.” This is a clarification rather than another requirement as the relevant requirements relating to interested parties should have already been considered.

The changes have been published initially as an amendment to the current standard. We recommend downloading the relevant amendment document, which are available free of charge, and saving it with a copy of the standards to ensure the documents are up to date.
What does this mean for your organisation?
As organisations are already required to consider internal and external issues that can impact the effectiveness of their management system the requirements are mainly unchanged as climate change should already be considered. Organisations must now demonstrate that they have made clear considerations and provide evidence regarding climate change and how it is relevant to their management systems.

Certified organisations will be expected to know about and understand the implications of the published amendment. If your organisation already holds certification, you will not need a new certificate issued, as the amendments are being treated as a clarification rather than a new requirement under each standard.

When auditing, UKAS will expect certification bodies to apply the principles of the amendment and look for evidence that climate change has been considered under Clause 4.

Jurisdiction: Global

Commencement: February 2024

Amends: ISO 45001:2018 Occupational health and safety management systems. Requirements with guidance for use
Mini Summary

Duties
Clause 5.3 of the Standard requires top management of the organisation to ensure that responsibilities and authorities relating to OH&S performance are assigned and communicated. This includes:

• assessing hazards and their associated risks;
• determining and evaluating compliance obligations and expectations of its workers and other interested parties;
• contributing to the achievement of OH&S objectives;
• responding to emergency situations;
• performing internal audits; and
• evaluation of performance.

Additionally, Clause 5.4 of the Standard requires top management to establish and maintain a process for consulting with workers on OH&S matters.

An update to Clause 4, introduced in early 2024, requires organisations to determine if climate change is a relevant issue and to be aware that interested parties might have requirements related to this matter.

Jurisdiction: Wales

Commencement: 25^th April 2024

Amends: Building Safety Act 2022
Mini Summary

Duties
Various duties apply and are available to view on the Legislation Update Service.

Jurisdiction: Northern Ireland

Commencement: 3^rd May 2024

Amends: New Legislation
Mini Summary

Duties
Reporting bodies are required to prepare reports that contain:

• climate change adaptation reports as listed in regulation 4; and
• climate change mitigation reports as listed in regulation 5.

The Department of Agriculture, Environment and Rural Affairs is responsible for issuing guidance for the reports.

Jurisdiction: United Kingdom

Commencement: 19^th April 2024

Amends: Assimilated Regulation 2018/1139 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency
Mini Summary

Duties
Organisations who design, produce and maintain aircraft, their engines, propellers, parts and non-installed equipment must ensure that this equipment complies with the environmental protection requirements set in Annex 16 of the Chicago Convention*.

* Annex 16 of the Chicago Convention contains environmental standards set by the International Civil Aviation Organization.