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Protecting people at work: What are the legal obligations of employers and employees when it comes to PPE?
If you operate a management system certified to ISO14001, ISO50001, ISO45001, OHSAS18001, or ISO9001, then you might already be aware that any surveillance or recertification audits scheduled during this lockdown period are carrying on as planned by the certification bodies, albeit remotely.
This means that it’s as important as ever to keep your legal registers up to date, in addition to ensuring you maintain other elements of your management system(s).
A remote audit is the same as on onsite audit but the auditor will engage with you and your colleagues using live streaming technology such as Webex, Zoom, MS Teams or any other technology that is in use and supported by your business. A remote audit will typically be the same duration as your onsite audit.
Your certification body will work with you to ensure that there is a stable and secure technology solution to run the audit, including voice, video and screen sharing capability.
An audit plan will be provided to you in advance of the audit to enable you to adequately prepare documents and audit evidence in advance of the audit. Any existing audit plans that would have likely been provided following your last surveillance audit may well be amended to better support a remote audit.
The auditor will collect audit evidence via interview with all relevant personnel, review of documentation and records (via screen sharing) and possibly observation of processes and activities (via video sharing is possible). All evidence will be reviewed and reported to support the audit findings and conclusions; the only difference is that this is done using remote techniques.
In cases where the effectiveness of your management system(s) cannot be fully verified using remote techniques, UKAS guidelines enable your certification body to provide you with a maximum of 6 months extension to your certificates, subject to the completion of a successful remote audit. The onsite elements will then be audited at a later date and before the 6 months extension deadline. A certificate extension will not be given without first having completed a remote audit.
Speaking from our own experience and from feedback from our clients, the remote audit experience is largely a positive one and is often a smoother process than people expect. The key to a smooth audit is to review you audit plan in advance, prepare the audit evidence that your auditor is likely to require and arrange for all relevant personnel, including leadership, to be accessible for the audit.
It’s business as usual for The Compliance People and we are working hard behind the scenes to ensure that all relevant new and amended law continues to be populated in your legal registers.
We’ve also adapted our consultancy offering so that we can continue to support our clients remotely. We’ve already successfully carried out a number of our consultancy services remotely, including legal compliance audits, so although we might not be able to audit you in the same way as we would face to face, you can still expect the high quality services that you know us for.
So please do get in touch if we can help you during this time – we’re only a phone or a video call away.
The Compliance People Consultant Kerry Hammick looks how waste PPE should be classified using the European Waste Catalogue (EWC) codes during Coronavirus (COVID-19)
The Coronavirus (COVID-19) pandemic has brought the topic of PPE to the fore; stories about PPE shortages, distribution issues, and safety standards have dominated the media headlines. We have seen unprecedented volumes of PPE being used and disposed of up and down the UK, and yet the question of how it should be correctly disposed of is less clear. To help clarify this matter, the Environment Agency (EA) has outlined its principles on how to code waste PPE generated from various settings.
The European Waste Catalogue (EWC) is a list of waste types, established by European Commission Decision 2000/532/EC which categorises wastes based on a combination of what the waste comprises of, and the process or activity that produces it. It is a standardised way of describing waste whereby individual waste types are assigned a six-digit code from one of the 20 waste chapters that make up the Catalogue. With the EWC, it must be remembered that the code given should always be based on the process that gave arising to the waste, for example, Chapter 18 of the EWC is purely for wastes generated from healthcare facilities / professionals. This is useful to bear in mind when coding PPE waste.
PPE such as general everyday masks and gloves that are not being used in a medical setting and are being separated out from the normal mixed waste stream with the intention of being collected separately should be classified as Chapter 15 waste, EWC code 15-02-03. It does not need to be classified as infectious or hazardous waste.
If the PPE waste is being disposed of in the ‘normal’ waste stream (which given the current circumstances, and the potential increase in this waste, is deemed as reasonable by the EA) then it would be disposed of as normal mixed waste coded under the relevant Chapter 20 code, EWC code 20-03-01. A specific waste code for the PPE contained within the waste stream is not required in this instance.
PPE would only be considered as infectious waste if it came from people who are confirmed positive with Coronavirus (COVID-19), who are showing symptoms (as a worst-case scenario), or has been used in a setting specifically dealing with Coronavirus (COVID-19) patients. In these instances, the waste PPE would be classified as infectious clinical waste within Chapter 18, EWC code 18-01-03. Public Health England has set out guidance on storing and disposing of such waste.
As the situation with Coronavirus (COVID-19) continues to unfold it is likely that there will be many more questions to address and changes to the way businesses operate. 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.
If you have any further questions regarding how to classify and code waste, please get in touch.
Protecting people at work: What are the legal obligations of employers and employees when it comes to PPE?
PPE is equipment which will protect the user or wearer against health or safety risks at work. By law, PPE must be provided to employees free of charge. The main regulations governing the use of PPE in the workplace are the Personal Protective Equipment at Work Regulation 1992 and the Health and Safety at Work etc. Act 1974.
PPE is typically used to reduce the risks in a number of scenarios, including protecting
Find out more about PPE including
Read Dave’s article in full here
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Jurisdiction: UK
Commencement: 26 May 2020
Amends: Ecodesign for Energy-Related Products Regulations 2010
The Ecodesign for Energy-Related Products Regulations 2010 implement the requirements of Directive 2009/125/EC for the setting of ecodesign requirements for energy related products. The eco-design requirements of products address the environmental impacts resulting from product manufacture, usage and disposal.
When making a declaration of conformity, you are required under the Ecodesign for Energy-Related Products Regulations 2010 to include the title of the EU legislation that the product conforms to (products and its corresponding legislation are listed in paragraph 4 of Schedule 1).
For external power supplies the following title must now be included in the declaration of conformity Commission Regulation (EU) No 2019/1782 laying down ecodesign requirements for external power supplies pursuant to Directive 2009/125/EC of the European Parliament and of the Council and repealing Commission Regulation (EC) No 278/2009 as Commission Regulation (EC) No 278/2009 has been revoked.
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Jurisdiction: Northern Ireland
Commencement: 24 April 2020
Amends: The Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2020
These Regulations make minor changes and clarifications to the Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2020. They enable burial grounds to remain open, provided that social distancing measures are implemented. Rules concerning travelling to a place to take exercise are clarified.
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Jurisdiction: England, Scotland, Wales
Commencement: IP completion day
Amends:
1) Harbours Act 1964
The Harbours Act 1964 sets out the requirements for harbour revision orders and harbour empowerment orders.
Harbour revision orders are used to change the legislation governing the management of a harbour. Harbour empowerment orders are mainly concerned with building new harbours and or creating harbour authorities responsible for improving, maintaining and managing them.
2) Highways Act 1980
The Highways Act 1980 sets out powers of different classes of highway authorities. It defines their powers for the creation and maintenance of highways, their adoption and recovery of costs, control over interference with the highway, stopping up and regulation of use.
1) Amendment of the Harbours Act 1964 (c.40)
These Regulations come into force on the day the UK leaves the European Union (EU). The 1964 Act is amended to ensure that the processes and procedures for undertaking environmental impact assessments (EIAs) for major harbour schemes will continue to work effectively following the UK’s exit from the EU.
References to EU legislation and institutions are replaced; specifically ‘Member States’ are changed to ‘Secretary of State’, references to ‘Union law’ are changed to ‘retained EU law’ and references to European Economic Area (EEA) are amended to reflect that the UK will no longer be a member of the EEA. There are no changes made to the environmental impact assessment (EIA) regimes for major harbour schemes in Great Britain.
Note that legislation expressed as coming into force on ‘exit day’ (31st January 2020), has been postponed until the end of the ‘implementation period’ (i.e. the transition period which follows Brexit). This postponement is made by Schedule 5 of the European Union (Withdrawal Agreement) Act 2020 [2020 Chapter 1]. Therefore, any provisions expressed above as coming into force on ‘exit day’ will not now come into force until the end of the ‘implementation period’.
2) Amendment of the Highways Act 1980 (c.66)
These Regulations come into force on the day the UK leaves the European Union (EU). The 1980 Act is amended to ensure that the processes and procedures for undertaking environmental impact assessments (EIAs) for major road schemes will continue to work effectively following the UK’s exit from the EU.
References to EU legislation and institutions are replaced; specifically ‘Member States’ are changed to ‘Secretary of State’, references to ‘Union law’ are changed to ‘retained EU law’ and references to European Economic Area (EEA) are amended to reflect that the UK will no longer be a member of the EEA. There are no changes made to the environmental impact assessment (EIA) regimes for major road schemes in England and Wales.
Note that legislation expressed as coming into force on ‘exit day’ (31st January 2020), has been postponed until the end of the ‘implementation period’ (i.e. the transition period which follows Brexit). This postponement is made by Schedule 5 of the European Union (Withdrawal Agreement) Act 2020 [2020 Chapter 1]. Therefore, any provisions expressed above as coming into force on ‘exit day’ will not now come into force until the end of the ‘implementation period’.
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Jurisdiction: UK
Commencement: 30 April 2020
Amends: European Union (Withdrawal) Act 2018 (2018 c.16)
The principal purpose of the European Union (Withdrawal) Act 2018 (2018 c.16) is to ensure that the UK has a functioning statute book on the day it leaves the EU. As a general rule, the same rules and laws will apply on the day after exit as on the day before. The Act does not aim to make major changes to policy or establish new legal frameworks in the UK beyond those which are required to ensure that the law continues to function properly from exit day.
Administrative amendments are made to ensure that the Direct Payments to Farmers (Legislative Continuity) Act 2020 and retained EU Direct Payments legislation are treated the same as other retained EU law which has been incorporated under the European Union (Withdrawal) Act 2018. As the Act was not made under the Withdrawal Act, this does not make any changes to duties.
This amendment is not relevant to health and safety matters. Administrative amendments are made to ensure that the Direct Payments to Farmers (Legislative Continuity) Act 2020 and retained EU Direct Payments legislation are treated the same as other retained EU law, which has been incorporated under the EU Withdrawal Act 2020.
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Jurisdiction: Northern Ireland
Commencement: 24 April 2020
Amends: The Working Time Regulations (Northern Ireland) 2016 (SR 2016/49)
The provisions concerning annual leave are amended. A worker who is unable to take some of their statutory leave entitlement due to the effects of Coronavirus (whether the effects are on the worker, the employer, or wider society) can carry over their missed leave into the following two leave years.
If leave is carried forward as a result of Coronavirus, and the worker’s employment is then terminated, the employer must pay the worker in lieu of the missed leave.
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Jurisdiction: Wales
Commencement: 25 April 2020
Amends: The Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020 (SI 2020/353 (W. 80))
The Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020 (SI 2020/353 (W. 80)) list various types of businesses and organisations which are required to close to prevent the spread of Coronavirus, and those which are not required to close. The Regulations also define the restrictions which apply to individuals.
The Regulations make minor clarifications in relation to the Welsh Ministers’ powers to enable them to terminate particular restrictions as they apply to particular classes of businesses, people or areas within Wales (i.e. allowing the ‘lockdown’ to be lifted gradually in different areas or in relation to different classes of people or business).
A number of other clarifications are made including as follows:
Some enforcement powers are clarified, including provision that reasonable force may be used to enforce the requirements under the Regulations.
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Jurisdiction: EU
Commencement: 2 April 2020
Amends: Machinery Directive 2006/42/EC supported by 2019/436 on the harmonised standards for machinery
The Machinery Directive 2006/42/EC supported by 2019/436 on the harmonised standards for machinery and the supporting Implementing Decision set out the requirements for machinery to meet European health and safety requirements so that they may be moved freely throughout the European Union. The Directive is implemented by national law in Member States.
An amendment is made to Annexes I and III of Decision 2019/436 on the harmonised standards for machinery, which lists harmonised standards for machinery drafted in support of the Machinery Directive.
Changes to Annex I
Annex I of the Decision lists the standards with which conformance is presumed to demonstrate conformance with the Directive. In row 35 of Annex I, the reference for EN 62841-2-1:2018 Electric motor-operated hand-held tools, transportable tools and lawn and garden machinery — Safety — Part 2-1: Particular requirements for hand-held drills and impact drills (IEC 62841-2-1:2017 Modified) is updated from EN 62841-2-1:2018 to EN 62841-2-1:2018/A11:2019.
The following additional standards are added to Annex 1:
Changes to Annex III
Annex III of Decision 2019/436 lists Standards which are, or will be withdrawn, and gives the dates of withdrawal.
The following additional standard is added to Annex III with a withdrawal date of 2nd April 2020: EN ISO 28927-4:2010: Hand-held portable power tools – Test methods for evaluation of vibration emission – Part 4: Straight grinders (ISO 28927-4:2010).
All of the standards listed below are added to Annex III, with a withdrawal date of 2nd October 2021:
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