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The Compliance People donates all profits to its charity, Newground Together, which works to provide better lives and opportunities for the people living in our communities.
Ricki, a single mum of four young children, struggled to secure suitable employment for almost a decade when disaster struck. A devastating fire destroyed her uninsured home and all the family’s belongings. Working closely with her new social landlord, our charity has been instrumental in getting her back on her feet. Shortly after being rehoused, the charity contacted her, inviting her to apply for a fully-funded training course.
“I’ve always loved driving and looked into becoming an HGV driver, but it would take me away for days at a time, so I couldn’t do it with four children. When I heard about the forklift truck training course, although it was something I’d never considered, it sounded like the kind of thing I wanted to do”.
The charity provided a personal mentor for Ricki, to support her through the course and prepare her for employment, including preparing her CV and building her confidence by developing interview skills and techniques.
“My mentor at Newground, Joe, was very helpful and went above and beyond. With no relevant work experience, he encouraged me to put life experience on my CV. For example, the fact I have been a carer for my dad for the last five years and as such, have done a lot of driving to get his shopping and taking him to hospital appointments.”
Just a month after completing the course, Ricki secured a four-week unpaid placement as a forklift truck driver. The company was so impressed she now has a permanent paid position as a Production and Warehouse Operator.
“Starting work within five weeks of completing the course was a lot faster than I ever thought could happen; I’m learning and growing in confidence each week.”
Encouraging others to follow in her footsteps, she said, “It is one of the best experiences I have ever had. There is lots of help all the way through, even once you’ve completed the course.”
Jurisdiction: UK
Commencement: 26 May 2020
Amends: Misuse of Drugs Act 1971 (c.38) and The Misuse of Drugs Regulations 2001
The Misuse of Drugs Act 1971 (c.38) and The Misuse of Drugs Regulations 2001prohibits the import and export of controlled drugs (as defined in Schedule 2) and makes it illegal for a person to possess, produce, supply or offer to supply a controlled drug.
These Regulations amend The Misuse of Drugs Regulations 2001 to permit pharmacists to supply controlled drugs in certain situations without a prescription from a medical practitioner, and to change the interval on certain instalment prescriptions of controlled drugs. This will only apply if the Secretary of State makes an announcement that these powers will be effective, and will only apply for a limited period of time during a pandemic situation.
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Jurisdiction: UK
Commencement: 26 May 2020
Amends: The Merchant Shipping (Prevention of Pollution from Noxious Liquid Substances in Bulk) Regulations 2018
The Merchant Shipping (Prevention of Pollution from Noxious Liquid Substances in Bulk) Regulations 2018 implement the revised version of Annex II (Regulations for the Control of Pollution by Noxious Liquid Substances in Bulk) of MARPOL 73/78. The purpose of MARPOL is to protect the marine environment by controlling operational pollution and reducing accidental pollution resulting from groundings and collisions from ships carrying Noxious Liquid Substances (NLS) in bulk.
Amendments are made to correct an error in the Merchant Shipping (Prevention of Pollution from Noxious Liquid Substances in Bulk) Regulations 2018 (the ‘2018 Regulations’). The prohibition on the discharge of noxious liquid substances* causing pollution, now applies to UK territorial waters and controlled waters**.
Previously, the 2018 Regulations only applied to the UK’s territorial waters. This reduced the UK’s powers to enforce requirements and/or prohibitions in respect of illegal discharge of noxious liquid substances from any ship operating in and around the UK’s controlled waters. Ballast water***, tank washings or other mixture containing a noxious liquid substance are also prohibited from being illegally discharged in and around the UK’s controlled waters.
*Noxious liquid substances are substances that are hazardous to marine and human health. These are categorised in accordance with Regulation 6 of Annex II to the MARPOL Regulations. Noxious liquid substances are divided into 4 categories:
** Controlled waters are waters within the jurisdiction of the UK, and includes:
*** Ballast water is water held in tanks and cargo to help increase stability. Sometimes ballast water can contain sediments.
n.b Although these Regulations are enforced from 1st June 2020, on 1st January 2021, new discharge requirements will come into force. This will reduce the quantity of noxious liquid substances that can be legally discharged.
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Jurisdiction: Republic of Ireland
Commencement: 26 May 2020
Amends: European Communities (Vehicle Drivers Certificate of Professional Competence) (No. 2) Regulations 2008
The European Communities (Vehicle Drivers Certificate of Professional Competence) (No. 2) Regulations 2008 require the Secretary of State for Energy and Climate Change to submit a strategy and annual updates to the European Commission on the UK’s investment in the renovation of residential and commercial buildings.
These Regulations are required to ensure the UK fulfils its obligations under the Withdrawal Agreement, which sets out the terms of the UK’s departure from the EU and the European Atomic Energy Community (Euratom), as well as setting out the framework for the future relationship between the EU and the UK.
Please note: These Regulations will expire on the last day of the EU exit transition period (a period lasting until the end of 2020 while the UK and EU negotiate additional arrangements on trade, travel and business).
New requirements are inserted into The Energy Efficiency (Building Renovation and Reporting) Regulations 2014 (the ‘2014 Regulations’), by transferring the following articles from Directive 2010/31/EU on the energy performance of buildings (the ‘Energy Performance of Buildings Directive’), into the 2014 Regulations:
Long-term renovation strategy
As part of the UK Government’s National Energy and Climate Plan (NECP), the UK is to submit its long-term renovation strategy* (LTRS) detailing its strategy to support the renovation of buildings, in addition to reducing or eliminating carbon dioxide emissions of the building stock (the total number of buildings in the UK). The UK is required to link its financial support for energy efficiency improvements in the renovation of buildings. This includes buildings that have already achieved energy savings, and those with a targeted energy saving.
Before the UK publishes its LTRS, the Secretary of State (SoS) is required to consult with other UK competent authorities** and the public. As soon as the UK’s LTRS is published via the UK Government website, it must be submitted to the European Commission.
n.b. Although a draft version of the NECP was published in 2019, the UK Government is working on a revised NECP which is set to be published during the transition period.
*A long-term renovation strategy is a strategy to support renovation of buildings which are highly energy efficient by reducing or eliminating carbon dioxide emissions of building stock by 2050 and must include:
**Other UK competent authorities are:
Information accessible through advisory tools
The SoS and other UK competent authorities are required to provide information to the owners or tenants of buildings to improve the energy performance of their building (e.g. replace fossil-fuel boilers with more suitable alternatives).
Information on energy performance certificates (including their purpose and objectives) and cost-effective measures are also required to be included within the scope of information to be provided.
All information must be provided via accessible and transparent advisory tools, such as renovation advice and one-stop shops to provide a comprehensive range of services at a location.
There are no changes in duties for organisations.
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Jurisdiction: England, Scotland, Wales
Commencement: 22 June 2020
The Official Controls (Plant Protection Products) Regulations 2020 require those that make, supply, distribute, place on the market or use plant protection products, to notify the competent authority.
These Regulations implement some requirements of 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 (“Official Controls Regulation”) in the UK regarding plant protection products. They establish and put duties on the competent authorities and organisations that place on the market or use plant protection products (PPPs).
PPPs are ‘pesticides’ that control pests, weeds and diseases. There are many different types of PPPs and common examples include insecticides, fungicides, herbicides and plant growth regulators.
They are primarily used in the agricultural sector but also in forestry, horticulture, amenity areas, and in home gardens. They contain at least one active substance and have one of the following functions:
The requirements of these Regulations apply to those who manufacture, distribute or place PPPs on the market, as well an those who use PPPs in the course of their work activity. This can include gardeners, farmers, or anyone who spray pesticides at their own workplace, such as on paved areas to control weeds.
The competent authorities for the requirements in the Official Controls Regulation regarding plant protection products and components and the sustainable use of pesticides (with the exception of pesticides application equipment) is:
These Regulations also allow for the enforcement of the Official Controls Regulation and accordingly allows any authorised officer to enter a premises and inspect and make copies of records. The competent authority is responsible for enforcing the Official Controls Regulation and these Regulations, although they may transfer responsibilities to other public authorities.
Operators include those who are involved in the manufacture or supply chain of PPPs, or that use PPPs in their work activity.
Operators must notify the competent authority of the following:
For operators that produce, manufacture, process, import, distribute, sell or otherwise place plant protection products or components on the market that are authorised for professional use, this information must first be sent to the competent authority by 22nd September 2021 (15 months following these Regulations coming into force). For all other operators, this must be completed by 22nd June 2022 (24 months after these Regulations come into force).
New operations after these dates will need to submit the required information within 3 months of commencing business.
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Jurisdiction: Republic of Ireland
Commencement: 26 May 2020
Amends: European Communities (Vehicle Drivers Certificate of Professional Competence) (No. 2) Regulations 2008
The European Communities (Vehicle Drivers Certificate of Professional Competence) (No. 2) Regulations 2008 implement Directive 2003/59/EC concerning the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers.
These amending Regulations implement Directive (EU) 2018/645, which amends Directive 2003/59/EC on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers, which these Regulations implement. This primarily changes the scope of the Regulations and the vehicles which they cover.
The Regulations are now non-applicable to driving a vehicle which is used by, or under the control of, an emergency ambulance service. It is also made clear that for the use of a vehicle under the control of a listed service to be exempt, the vehicle must be being used for tasks associated with the service.
The Regulations are now non-applicable to driving a vehicle used in the non-commercial transport of humanitarian aid.
The Regulations will only be non-applicable to vehicles being used for driving instruction and examination for drivers licences and CPC*, if:
*CPC means a certificate of professional competence, used to maintain high standards of road safety, health and safety and driving among professional drivers of buses and trucks.
Maintenance staff driving a category D or D1* vehicle to or from a maintenance centre of the nearest maintenance base of the transport operator are not covered by these Regulations, unless driving the vehicle is their main activity.
*Category D and D1 vehicles are vehicles with the capacity to transport more than 8 or more than 16 passengers respectively.
The Regulations are also now not applicable to a driver operating a vehicle in a rural area to supply their business, as long as they do not offer transport services and the journey is only carried out once in a 30 day period and does not have an impact on road safety.
The Regulations do not apply to the driver of a vehicle used, or hired without a driver, by agricultural, horticultural, forestry, farming or fishery undertakings for carrying goods as part of their business activity, except if:
Full definitions of the categories of vehicle are removed and replaced with reference to the definitions given in the Road Traffic (Licensing of Drivers) Regulations 2006; this is to ensure consistency across the Regulations.
Numerous administrative changes are made to ensure that the category names used in these Regulations are the same as those used in the Road Traffic (Licensing of Drivers) Regulations 2006. This does not change the meaning of the categories or the requirements relating to them.
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The Compliance People Consultant Dave Almond looks at how companies can continue to maintain first aid cover in the workplace during the current crisis.
The Covid-19 virus pandemic and government measures to reduce the spread of the virus are having some impact on the provision of first aid in the workplace. This article offers some guidance on what businesses can do to maintain cover.
The starting point with first aid cover for a business is to examine the risks of injury or harm and the types of first aid treatment that may be needed in your own workplace, what you already have in place, and whether there are any additional steps you need to take. This is usually documented in a first aid needs assessment. The Health and Safety Executive (HSE) provides guidance on this.
The Covid-19 pandemic may well have change some of the risks, particularly with the need to maintain social distancing measures and the likelihood that there may be less staff in your workplace due to home working or shielding of high-risk staff. This may affect the number of first aiders you have available. If you have less people on site and less activities taking place, some of your risks may be lowered. Equally, if you do not have enough first aid cover, you may need to consider reducing some of your activities in the short term. It is also important to check your emergency plans which are likely to be linked with your first aid arrangements.
There may be less first aiders actually in work so check there are sufficient and that they hold suitable qualifications. Where these are set to expire, the HSE has provided guidance on how you may qualify for a 3 month extension for first aid certificates. It also gives advice on first aid training interrupted by the pandemic.
The HSE advise that it may be possible to share first aiders with another businesses. So if you are on a shared site it may be possible to work together with other companies to actually share some first aiders. There will obviously be some steps needed to work together with other businesses to assess any added risks this may bring into play and how you will manage these.
Regular checks on first aid supplies and equipment e.g. defibrillators should be maintained, and ensure that arrangements for communicating first aiders names / contact details are updated and made available to your employees. It would also be sensible to provide guidance to your first aiders should they be required to give first aid to a casualty during the current crisis.
A number of organisations have provided guidance for first aiders including St. John Ambulance. Their guidance includes a five-step process giving consideration to cross contamination and managing the risks to both the first aider and the casualty.
With social distancing measures in place, first aiders may be unsure about carrying out CPR (cardiopulmonary resuscitation) particularly if giving rescue breaths. The Resuscitation Council (UK) have emphasised how important it is to do CPR in cases of cardiac arrest, as the person will die without treatment. While the risks of cross infection associated with giving rescue breaths are normally low, the organisation has issued a video on how to carry out CPR/ defibrillation during the COVID-19 outbreak in an out of hospital situation such as the workplace.
So now is certainly a good time to review your first aid needs assessment, as well as providing clear advice to your first aiders in case they do need to treat a workplace casualty in the short term.
The Compliance People Consultant Dave Almond looks at modern slavery legislation, what it means to employers, and possible changes we may see in the future
During the Covid-19 pandemic, amongst stories of local lockdowns and poor social distancing in workplaces, some major businesses have been thrust into the headlines facing modern slavery investigations. Workers linked to some companies were alleged to be being paid as little as £3.50 per hour according to undercover newspaper reports.
The charity Anti-Slavery International describes modern slavery as “the severe exploitation of other people for personal or commercial gain. Modern slavery is all around us, but often just out of sight. People can become entrapped making our clothes, serving our food, picking our crops, working in factories, or working in houses as cooks, cleaners or nannies”.
Modern slavery often involves control over people’s liberty through violence, threats, the taking away of passports, or through placing them in situations where they are unable to repay debts.
The scale of modern slavery worldwide is huge, with an estimated 40 million people in slavery globally in 2016.
In the UK, the number of potential victims identified each year has more than doubled from 3266 in 2015 to 6993 in 2018.
In UK industry, the sectors where workers are most at risk from modern slavery are construction and hospitality.
Section 54 of the Modern Slavery Act 2015 requires businesses with a total turnover over £36 million to produce annual slavery and human trafficking statements.
On 26th March 2020, the UK Government became the first country to publish a modern slavery statement. The statement commits all ministerial departments to publishing their own modern slavery statements from 2020/2021.
At present, smaller businesses do not have any duties under this legislation; however, in reality, where they are supplying goods or services to larger organisations, they may be asked to confirm how they are taking steps to address modern slavery in their own business and supply chain.
In practice, if you’re a smaller business it would be sensible for you to have a voluntary slavery and human trafficking policy in place in your own business.
In 2018 the UK Government commissioned a review of the Modern Slavery Act 2015 and they are now considering the recommendations.
The Act has been criticised for only applying to larger companies and allowing company statements to effectively say that they haven’t taken action to address the issue. It has also been revealed that only 40% of those companies meeting the threshold are legally compliant.
The final review report recommendations include:
There is also pressure to reduce the £36 million reporting threshold to bring smaller companies into scope of the Act and suggestions have been made that a labelling system should be created to demonstrate whether products are made in good working conditions.
The Government is now deciding on the best way forward having accepted many of the report recommendations and The Compliance People will keep you updated on any further consultations or changes to the Act.
Within our health & safety legal compliance audits, The Compliance People will examine your company’s compliance with the Act, identify any gaps and guide you on the steps you can take to ensure you are complying with its requirements.
Contact us today to be sure your business meets its modern slavery legal obligations.
Due to the current situation with Coronavirus (COVID-19), the International Accreditation Forum (IAF) have extended the migration deadline for ISO 45001 by 6 months to 11th September 2021. OHSAS 18001 certification has been extended to allow sufficient time for you to complete any necessary changes to your Occupational Health & Safety Management System and undergo your migration audit. After this date, OHSAS 18001:2007 will be withdrawn and will no longer be recognised.
The Compliance People can provide you with support on your path to migration to ISO 45001 including provision of online health & safety legal registers, health & safety legal compliance audits, gap analysis, auditor training, internal audits and coaching to understand the new requirements of the Standard.
The Compliance People Consultant Dave Almond looks at steps the HSE is taking to assist businesses during the Covid-19 pandemic.
The UK Health and Safety Executive (HSE) has been taking a number of steps to support businesses and government during the current crisis.
It has also been supporting the efforts of the NHS, putting together a specialist team to ensure PPE being sourced is of the right quality.
The HSE has provided an update on the fit testing of face masks to avoid transmission during the Coronavirus outbreak. This relates to tight fitting respirators, such as disposable FFP3 masks and reusable half masks which require correct fitting so there is a good seal around the user’s face.
A useful video on how to put on respirators and fit them during the health crisis has been shared online by the HSE.
The HSE has also moved to relax some health and safety rules and provided industry guidance on staying legally compliant, as discussed below:
While proactive inspections have been put on hold during the crisis to comply with government advice, the HSE has stated that it will respond to serious issues which arise.
It has also added that where the HSE identifies employers who are not taking action to comply with the relevant PPE guidance to control public health risks (e.g. not taking appropriate action to socially distance or ensure workers in the shielded category can follow the NHS advice to self-isolate for the period specified), it will consider taking a range of actions to improve control of workplace risks; adding that this includes providing specific advice to employers through to the issue of enforcement notices.
As the situation with Coronavirus (COVID-19) continues to unfold it is likely that we will see further changes to the way businesses operate and are regulated.
Look out for future blog posts where The Compliance People will keep you up to date with what is happening, and what this means for you and your business.
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