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In response to the extraordinary challenges posed to businesses as a result of the Coronavirus (COVID-19) pandemic, the Northern Ireland Environment Agency (NIEA) has issued a useful COVID-19 landing page which provides information on its regulatory response to Coronavirus (COVID-19) and related questions, answers and information for business.
It makes it clear that it will not be relaxing environmental regulations during the pandemic and expects that “every reasonable effort is made to comply with environmental legislation and authorisations in place”. Unlike other environmental regulators in the UK, it has not issued any statements that it will be reducing its regulatory compliance inspections or compliance assessment measures.
The NIEA recognises that there may be disruption to businesses, and in particular waste management services, throughout the Coronavirus (COVID-19) crisis, and has produced temporary COVID-19 Regulatory Position Statements (RPSs) to help during this period. The RPSs have been produced with the expectation that businesses will ensure that any impacts on the environment are minimised.
The RPSs are documents which set out circumstances in which NIEA will not normally take enforcement action for a regulatory non-compliance in a specific situation so long as the conditions of the RPS are met. Each of the temporary RPSs sets out when they apply and the strict conditions which businesses must comply with if they are to be used. They do not exempt businesses from other regulatory and legal requirements.
This applies to anyone who produces, handles, carries or disposes of hazardous waste in Northern Ireland. In normal circumstances, hazardous waste consignment notes (HWCNS) are available for purchase from the NIEA.
Hazardous waste consignment notes: At this time paper consignment notes will not be sold, and businesses should print their own versions. A template for use is available upon request through email from [email protected].
Hazardous waste consignment codes/numbers: The requirement to purchase a unique consignment note code/number for each consignment of hazardous waste remains. This should also be done through emailing [email protected] and requesting numbers rather than consignment notes.
Signing HWCNs: The RPS removes the requirement to sign the note if any party chooses not to in order to avoid the risk of contamination and maintain social distancing. If this is the case, then ‘COVID-19’ and the name of the receiver should be written on the note by the waste holder.
Collection dates: In normal circumstances, hazardous waste must be collected within one month of notifying the NIEA. For the duration of this RPS you will be allowed to collect hazardous waste later than one month after notification. In this case you should write ‘COVID-19’ on the note along with the actual date of collection.
A copy of all completed hazardous waste consignment notes must be sent electronically to the NIEA at [email protected].
This applies to NIEA direct registrant obligated packaging producers.
If you register directly with the NIEA you usually need to submit packaging waste data that is as accurate as reasonably possible, obtain sign-off from a company director or delegated authority, and pay the required registration fee(s) to the NIEA by 7th April each year. Failure to do so would normally result in the NIEA refusing your direct registration application, thus requiring that you join an approved Producer Compliance Scheme (PCS) in order to comply and late data submission fees.
If, however, you are unable to meet these requirements due to issues resulting from the Coronavirus (COVID-19) pandemic, under this RPS you can:
For this RPS to apply you must get written permission from the NIEA Producer Responsibility team. You can contact them by email at [email protected] or by phone on 028 9056 9338.
Both RPSs detailed apply until 30th June 2020 unless the NIEA extend them. It is advised to regularly check the NIEA waste regulations website for any changes to RPSs and their applicability.
As the situation with the Coronavirus (COVID-19) pandemic 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.
In response to the disruption caused by Coronavirus (COVID-19), the Environment Agency (EA) is having to adapt the way in which it operates and regulates business. With most frontline staff now working from home and only visiting sites that could cause serious environmental harm, normal regulatory requirements have been largely relaxed in an effort to avoid increasing risks to the environment or human health during the current situation.
In an Operational Update released at the beginning of the month, the EA stated that it would greatly reduce its regulatory inspections and only respond to the most serious of pollution incidents.
To help business cope with disruption, it has published several temporary COVID-19 regulatory position statements (COVID-19 RPSs). The COVID-19 RPSs set out how the EA will not seek to enforce certain aspects of the environmental permitting regime in specific circumstances directly related to Coronavirus (COVID-19).
Each of the temporary COVID-19 RPSs sets out when they apply and the conditions which businesses must comply with. They do not exempt businesses from other regulatory and legal requirements, and it is advised to regularly check the EA website for any changes to RPSs and their applicability.
If you intend to use a COVID-19 RPS, you must comply with:
If these conditions are met the EA states that it will not normally take enforcement action against the business operating under the RPS.
This applies to those who use paper waste transfer notes and consignment notes, or an electronic system that requires a digital signature on a handset. Under this RPS you don’t have to sign and hand over paper copies of waste transfer and consignment notes in person or get a digital signature on a handset. This is to allow social distancing measures to be followed.
When you transfer your waste, for each waste transfer and consignment note, you must meet six conditions:
This COVID-19 RPS will be withdrawn on 30 September 2020 unless the EA extend it.
This applies to obligated packaging producers who have been unable to meet the requirements due to Coronavirus (COVID-19).
Obligated packaging producers are usually required to register with the EA directly or through a compliance scheme on or by 7th April each year and provide complete and accurate information on registration. Failure to do so in normal circumstances would lead to potential enforcement action and late submission charges.
However, if you have been unable to register or provide accurate information as a result of the pandemic under this RPS the EA will not take enforcement action or charge an additional fee if you are able to meet the limitations and conditions set out:
This COVID-19 RPS will be withdrawn on 8 July 2020 unless the EA extends it.
This applies to those who receive or dispose of hazardous waste and are required to send quarterly consignee returns under the Hazardous Waste (England and Wales) Regulations 2005 as amended and waste producers who receive consignee returns. Under this RPS, consignee returns due on 30 April 2020 may be submitted after this date if you cannot comply with the reporting deadline due to Coronavirus (COVID-19). For this RPS to apply you must comply with the following conditions:
For waste producers, it is recommended that you reference this RPS and document why any consignee returns have not been received by the 30 April 2020 deadline and retain any communications with your waste contractor relating to this.
All other requirements for hazardous waste will still need to be complied with. You must still consign hazardous waste, and you may still require other permits, licences and registrations for activities that you carry out.
This COVID-19 RPS will expire on 31 July 2020 unless the EA extend it.
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.
The Scottish Environment Protection Agency (SEPA) has set out a number of ways in which it is helping businesses adjust and adapt to the extraordinary circumstances posed by the Coronavirus (COVID-19) pandemic.
It has issued a COVID-19 philosophy that acknowledges the constraint on most businesses resources and capacities at this time. It identifies the priorities to focus on and the impact on the regulator’s core functions of compliance, enforcement, monitoring and licensing during the pandemic.
SEPA has set out its approach to regulation during the Coronavirus (COVID-19) pandemic in its overarching guidance. It has greatly reduced regulatory inspections on site, instead saying that it will “continue to use a variety of means of checking compliance including phone calls, issuing written advice, remotely managed technologies such as drones, targeted site and field visits and other forms of intelligence gathering”.
The existing Compliance Assessment Scheme for 2020 has been suspended in recognition of the practicalities of the current circumstances. Businesses will therefore not be scored and assessed for any permit non-compliances in line with the scheme for the remainder of the year. However, if businesses are unable to meet their compliance obligations due to the Coronavirus (COVID-19) pandemic they are advised to
A number of temporary Regulatory Position Statements (RPSs) have been issued to help businesses avoid potential enforcement action as a result of difficulties created by the Coronavirus (COVID-19) crisis.
RPSs set out how SEPA will not seek to enforce certain aspects of the environmental permitting regime in specific circumstances directly related to Coronavirus (COVID-19). Each of the temporary RPSs sets out when they apply and the strict conditions which businesses must comply with if they are to be used. They do not exempt businesses from other regulatory and legal requirements.
To benefit from the use of an RPS, SEPA states that you must:
This applies to obligated packaging producers who have been unable to pay SEPA producer registration fees for the 2020 compliance period due to financial difficulties during the Coronavirus (COVID-19) situation.
If you are a member of a compliance scheme, you have three months from the date of the RPS (23rd April 2020) to pay membership fees to your registered compliance scheme and remain compliant. If you register directly with SEPA, you have the same period by which to pay the required fees.
All other regulatory conditions must still be met.
This applies to all elements of waste management, including permitted waste facilities, duty of care, waste transfer notes and special waste consignment notes.
The RPS stipulates that as far as possible remote electronic systems should be used, such as email correspondence to record waste transfers.
Where paper notes are the only option, both parties should keep their own copy of the transfer note containing the relevant details, including the name of the person who would normally sign it and mark it with ‘CV19’ instead of a physical signature. The statutory requirement to retain copies for two years remains.
For transfers of special waste, you are still legally required to include a SEPA issued SA/SB/SC code on your note or buy pre-coded paper notes directly from SEPA.
If you have a stock of SEPA–issued paper special waste consignment notes (SWCNs), you may not wish to use them, as they require signatures from multiple people.
SEPA is currently unable to sell pre-coded paper SWCNs due to the closure of its offices. Instead, you can create and use your own paperwork for special waste consignments. If this is the case, you should contact SEPA to discuss the requirements. To help, SEPA has produced an editable PDF version of a consignment note to use.
Each movement must still be accompanied by a unique code supplied by SEPA. These codes can currently be purchased by:
The RPS allows you to pass SWCN paperwork electronically (via email or other means) between parties. However, SEPA’s preferred option is for parties to use electronic signatures provided by the parties involved. Where this is not possible the code “CV19” should be used in place of missing signatures.
In either case, all parties must be clearly identified, and contact details provided. For example, the carrier could complete all sections on behalf of the parties and include CV19 instead of the relevant signatures. The carrier would then email the completed note to all the relevant parties and to SEPA.
The requirement within the regulations to submit the Deposit copy to SEPA must still be met under the conditions of the RPS. It is not possible to send them to SEPA offices at this time so all copies should be emailed to [email protected] .
A list of all the RPSs issued by SEPA in relation to the Coronavirus (COVID-19) pandemic can be found on its COVID-19 Hub.
The terms of any temporary RPS may be varied or withdrawn by SEPA at any time. SEPA will generally provide notice in advance of its intention to vary or withdraw any RPSs but may do so without providing notice. It is therefore advised to regularly check the SEPA website for any changes to RPSs and their applicability.
As the situation with the Coronavirus (COVID-19) pandemic continues to unfold, it is likely that we will see further changes to the way businesses operate and are regulated. Look out for future updates where The Compliance People will keep you up to date with what is happening, and what this means for you and your business.
Natural Resources Wales (NRW) has set out its response to the coronavirus (COVID-19) pandemic, stating it “will continue to help and support regulated operators and individuals to understand and comply with environmental regulations through these challenging times”. With most staff now working from home, regulatory visits will be focussed on priority sites. Compliance will be assessed through phone calls and alternative methods of gathering intelligence.
NRW has issued fewer direct positions on potential non-compliances than other UK regulators; instead stating that it will take a “proportionate and reasonable approach to how it will assess compliance during this public health emergency.”
Businesses and individuals are expected to continue to comply with environmental regulations and their permit conditions. This includes developing contingency plans and putting appropriate measures in place to ensure that all reasonable actions are taken to mitigate potential issues or non-compliances.
If businesses are unable to meet their compliance obligations due to Coronavirus (COVID-19) they are advised to follow these guidelines:
If these guidelines are met, NRW claims it will take a proportionate approach towards enforcement action, and work with businesses to find the best options to protect the environment.
NRW has also issued a limited number of Regulatory Decisions (RDs) which state that in certain circumstances businesses will avoid potential enforcement action for non-compliances that occur as a result of difficulties created by the Coronavirus (COVID-19) pandemic. An RD means that NRW will not normally take enforcement action against you provided:
Each of the temporary RDs sets out when they apply and the strict conditions which businesses must comply with if they are to be used. They do not exempt businesses from other regulatory and legal requirements.
This applies to the requirements for transfers of non-hazardous and consignment of hazardous waste.
Waste producers and carriers usually need to provide a signature on the documentation recording transfers and consignments. However, if you follow the conditions in this RD, you are able to complete the transfer or consignment without providing signatures.
A waste holder will not be required to sign documentation if the following conditions are met:
This RD remains in place until 30th June 2020 when it will be reviewed.
It is advised to regularly check the NRW website for any changes to RDs and their applicability. NRW is yet to publish all the RDs on its website but will do in the near future.
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 updates where The Compliance People will keep you up to date with what is happening, and what this means for you and your business.
Personal Protective Equipment (PPE) is a very topical subject in the media at the moment. We’re hearing about shortages, distribution issues, when PPE is needed, different types of PPE, and PPE safety standards for imported goods; now is perhaps as good a time as ever to look at what your organisational responsibilities are.
PPE is equipment which will protect the user or wearer against health risks or safety risks at work. By law, PPE must be provided to employees free of charge. Employers cannot pass on a charge for it. 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.
Examples of PPE include eye protection (e.g. safety visors or glasses), safety footwear, protective gloves, hard hats, safety harnesses, hearing protection, and respiratory protective equipment, known as RPE (which includes equipment ranging from disposable masks through to air fed respirators). PPE is typically used to reduce the risks in a number of scenarios, including protecting the lungs from inhaling contaminated air, the body from extremes of temperature, the skin from harmful substances, the eyes from flying particles, and the head from falling objects or materials.
PPE is just one way to reduce the risks from exposure to hazards. The law requires that businesses conduct risk assessments to identify such risks and assess whether there are sufficient measures in place to reduce the risks to employees and other people. Additional measures or controls might include engineering controls, safe systems of work, supervision, information provision or training.
PPE is a last resort in protecting workers against health and / or safety risks. Employers must use other reasonably practicable control measures to mitigate the risks if they are available before resorting to PPE.
As well as risk assessment, employers must provide suitable PPE to employees who may be exposed to a risk to their health or safety whilst they are at work. The PPE they provide must be appropriate for the work conditions, be ergonomic and fit the wearer correctly. It must control the risk involved without increasing the overall risk; it must also be compatible with other PPE where more than one item of PPE is worn, for example heating protection and safety headware.
An assessment should be carried out to identify PPE requirements to determine whether or not the proposed PPE is suitable. This should consider any risks not avoided by other means, the characteristics of the PPE required to eliminate the risks, and a comparison with the characteristics of the PPE.
PPE should carry CE marking which demonstrates that the manufacturer has checked that the product meets EU safety requirements.
Once PPE is in use, the employer must ensure that it is maintained, cleaned and replaced where appropriate and stored when not in use to prevent contamination or damage. Employers must also provide enough information, instruction and training for users so that they are aware of the risks it is designed to minimise and the way it should be used. They should show employees how to wear or use it correctly, how to look after it and make sure it is used correctly; this is particularly relevant for face masks or breathing apparatus.
In some situations, employees who use respiratory protective equipment (RPE) will need to undergo a face fit test to ensure that masks provide a correct fit to the individual. This must be carried out by a competent person and records should be maintained. The types of masks this affects includes disposable half masks, reusable filter half masks, powered respirators and full breathing apparatus masks. This fit testing is required under a number of regulations including The Control of Substances Hazardous to Health Regulations and The Control of Asbestos at Work Regulations.
Employees also have responsibilities. They must use the PPE supplied to them in line with the training and instruction provided to them by their employer. They must also report any loss of PPE or defective PPE to their employer immediately.
With the renewed focus on PPE, what better time to check you have suitable arrangements in your own workplace.
As you will be well aware the Coronavirus has caused many changes in society. Food banks in particular have been hugely affected.
Food bank use has increased 73% in the last five years according to Trussell trust statistics and Coronavirus has blown this ever-increasing demand out of the water. The struggle people, families and children now face due to the Coronavirus is unprecedented.
Families across the country are in dire need of support during this pandemic. Many are worried about how they are going to put food on the table, something many of us take for granted.
We are appealing to the generosity of businesses who are able to help the most vulnerable in our community, to please give whatever you can, no matter how small. Your help will make a difference to individuals and families who are extremely vulnerable at this time.
Can you help?
As a social enterprise we support a broad range of community projects and our community team have been lending a hand at local food banks. This has involved upscaling and relocating the food bank to meet demand whilst ensuring safe distances can be kept, serving 100’s of people a day and providing deliveries for vulnerable people.
But we need help.
Due to the rapid increase in demand, supplies at the food bank are running extremely low.
Does your organisation have anything that could be spared to help the families most in need?
The following items have been completely wiped out and are in constant demand so are urgently needed:
We’re also looking for:
If your organisation is able to help in any way, please call Sarah on 07825 382597. Anything at all you can do to help will be greatly appreciated!
Jurisdiction: England
Commencement: 9th April 2020
Amends: The Town and Country Planning (General Permitted Development) (England) Order 2015
The Town and Country Planning (General Permitted Development) (England) Order 2015 grants planning permission for a range of predominantly minor developments, subject to certain limitations and conditions. This permission is commonly known as ‘permitted development rights.’
A new permitted development right is added to allow local authorities and certain health service bodies in England to carry out certain developments in an emergency* for which a planning permission application is not required. This development right is added as a new section in Schedule 2 of the 2015 Order, which sets out all the developments that do not require planning permission.
The development that is permitted has to be for:
*An emergency is an event or situation which threatens serious damage to human welfare in a place in the United Kingdom.
This has been brought in, in response to the Coronavirus (COVID-19) pandemic.
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Jurisdiction: Republic of Ireland
Commencement: 29th January 2020
Amends: European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2012
European Union (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2012 implement European Directive 2011/65/EU on the Restriction of the use of certain hazardous substances in electrical and electronic equipment (EEE). These Regulations aim to improve the safety of electronic products and prevent the release of hazardous substances into the environment.
This amendment implements the additions to Annex III of Directive 2011/65/EU on the restriction of the use of certain hazardous substances in electrical and electronic equipment.
Annex III contains a list of applications which are exempt from the Directive and which are therefore exempt from these implementing Regulations. This is done by updating the definition of the Directive to include reference to them:
These exempt applications are very specific and do not make overarching changes to the EEE to which these Regulations apply.
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Jurisdiction: UK
Commencement: 25th March 2020
Revokes:
The Health Protection (Coronavirus) Regulations 2020 (S.I. 2020/129)
The Health Protection (Coronavirus) (Wales) Regulations 2020 (S.I. 2020/308 (W. 68))
The Coronavirus Act sets out temporary administrative and regulatory changes to a range of sectors and issues including healthcare, schools, social care, food supply, courts and tribunals, local authorities, local elections, ports, pensions and other benefits, etc. The Act does not directly affect management of occupational health, safety and environmental matters, but provisions relating to control of infectious persons may be of interest.
This Act sets out much of the UK Government’s emergency response to the 2020 coronavirus pandemic. The Act makes multiple temporary changes to administrative and regulatory requirements relating to healthcare, schools, social care, food supply, courts and tribunals, local authorities, local elections, ports, pensions and other benefits, etc. The Act does not create duties relevant to management of health, safety and environmental matters. Most of the provisions of the Act are therefore not summarised below.
The Act gives the Secretary of State and the devolved administrations, power to declare that the spread of coronavirus presents a serious and imminent threat, which in turn triggers powers of health officials, police constables and immigration officers to detain potentially infectious people, and power to request information to be provided about an infectious person’s recent contacts. These powers may be of interest to organisations and are therefore summarised below.
‘Transmission control periods’
The Act allows the Secretary of State, Scottish Ministers, Welsh Ministers, or Department of Health (Northern Ireland) to declare (in England, Scotland, Wales and Northern Ireland respectively) that there is a serious and imminent risk arising from coronavirus. The declaration is made by publishing a notice to this effect online and in the London Gazette (England), Edinburgh Gazette (Scotland), a newspaper circulating in Wales (Wales), or the Belfast Gazette (Northern Ireland).
The declaration must be revoked when the serious and imminent threat ceases.
The period during which a serious and imminent threat has been declared is referred to as a ‘transmission control period’.
The Act specifies that the first transmission control period commenced in England on 10th February 2020 and in Wales on 17th March 2020. The Scottish Government published a notice to this effect in the Edinburgh Gazette on 27th March 2020. Regulations in Northern Ireland (The Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2020) state the coronavirus presents a serious and imminent threat in Northern Ireland.
Power relating to potentially infectious persons
Section 51 and Schedule 21 set out powers of public health officers, police constables and immigration officers in relation to potentially infectious people.
The definition of ‘public health officer’ varies slightly between England, Scotland, Wales and Northern Ireland, but in each case it means a designated public health official.
A ‘potentially infectious person’ is a person who is or may be infected with coronavirus and who may infect others, or a person who has been in an ‘infected area’ within the preceding 14 days. An ‘infected area’ is an area declared by the Secretary of State as having a high incidence of coronavirus infection.
The powers set out include a power to require a person to submit to ‘screening and assessment’. ‘Screening’ means assessing whether the person has been exposed to coronavirus and whether they have become infected. ‘Assessment’ means determining what control measures may be required to mitigate the risk of them infecting others.
A screening and assessment centre, as referred to below is simply any place where screening and assessment are undertaken. Screening and assessment centres are not formally designated as such.
The various powers set out in the sections below can only be exercised if it is in the interests of: the potentially infected person; to protect other people; or to protect public health, in relation to coronavirus.
Before making or revoking a declaration, the relevant Minister must first consult the Chief Medical Officer in the jurisdiction concerned.
Power to require somebody to attend a screening and assessment place
During a transmission control period, a public health officer, police constable or immigration officer can direct a potentially infectious person to attend a screening and assessment centre. A public health officer or immigration officer may request that a police constable takes the person (using reasonable force if necessary) to the centre.
The person exercising the power must inform the potentially infected person why the power is being exercised, and that failure to comply is an offence.
Where this power is exercised by a police constable or immigration officer not at the direction of a public health officer, they must first consult a public health officer, if it is practical to do so.
Powers which may be exercised at a screening and assessment place
During a transmission control period, a public health officer has the following power in relation to a person who is at a screening and assessment centre, if the public health officer has reason to believe the person is potentially infectious:
A public health officer may request assistance from a police constable to take the person (using reasonable force if necessary) to the screening and assessment centre.
A police constable or immigration officer can detain a person at a screening and assessment centre until a public health officer is able to exercise any of the powers set out above. A police constable can detain a person for a maximum of 48 hours (24 hours initially, extended for a further 24 hours). An immigration officer can detain a person for a maximum of 12 hours (3 hours initially, extended for a further 9 hours).
Where any of these powers are exercised, the person exercising them must explain to the detained person why the power is being exercised, and that failure to comply is an offence.
Powers which may be exercised after assessment
During a transmission control period, a public health officer can impose certain requirements and restrictions on a person who has been screened, if the test either confirmed coronavirus infection or was inconclusive, or if the public health officer has reasonable grounds to believe the person is infected.
The requirements which may be imposed include as follows:
The restrictions which may be imposed include:
A requirement to remain in a place can be enforced by a public health officer or a police constable.
The person exercising these powers must consider the wellbeing and personal circumstances of the person over whom they are exercising them.
Any directions, requirements or restrictions imposed on a person during a transmission control period automatically cease when the transmission control period ends.
The person exercising the powers above must take account of guidance issued by the relevant authorities (Secretary of State, Welsh or Scottish Ministers, Department of Health in Northern Ireland), and also any guidance or advice from a public health officer.
Where any of these powers are exercised, the person exercising them must inform the person why the power is being exercised, and that failing to comply is an offence.
The Act requires the public health officer to review any requirements or restrictions imposed after 48 hours, and gives powers to vary and in some cases to extend any requirements or restrictions, subject to limitations on the length of any extension. There is a right of appeal to the Magistrates Court (England and Wales), Sheriff or Summary Sheriff (Scotland), or Court of Summary Jurisdiction (Northern Ireland).
Children
The Act makes additional provision in relation to children (defined as anybody under the age of 18 in England, Wales and Northern Ireland, or under 16 in Scotland).
A public health officer, police constable or immigration officer can direct a person with parental responsibility or custody and charge of a child, to take the child to a screening and assessment centre. The person with responsibility for the child must ensure so far as reasonably practicable that the child complies with the direction. The person with responsibility for the child must also comply with any request for information made under the Act.
The Act requires any powers exercised under it in relation to a child to be exercised in the presence of the person with responsibility for the child wherever possible. The Act does permit powers to be exercised where there is no person available with responsibility for the child.
Directions given verbally or in writing
A direction given to a person under any of the powers described above may be given verbally or in writing. Requirements or restrictions given to a person following screening and assessment may be given verbally but should be followed up in writing.
Enforcement powers
Police constables and immigration officers may use reasonable force when exercising any powers under this Act. Police constables also have a right of entry into buildings in connection with exercise of their powers.
Offences
The Act sets out various offences including:
Penalties may include a fine (England, Wales, Northern Ireland), or a fine or imprisonment for up to 12 months (Scotland).
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Jurisdiction: Republic of Ireland
Commencement: 3rd April 2020
Amends: Safety, Health and Welfare at Work (Construction) Regulations 2013 (SI 291/2013)
The Safety, Health and Welfare at Work (Construction) Regulations 2013 contain the main requirements to ensure the protection of the health, safety and welfare of people working on construction sites. Parts 4-14 provide very detailed requirements in relation to specific issues on construction sites.
Extensions to the expiry dates on safety awareness registration cards from the SOLAS Safe Pass training programme* during the Coronavirus (COVID-19) pandemic are introduced. If a safety awareness registration card from that programme expires after the 1st of March 2020, the card is considered to still be valid. This is to ensure that people can remain qualified under the SOLAS programme while cards cannot be renewed as a result of the pandemic.
*The SOLAS Safe Pass training programme is health and safety awareness training to enable people to work onsite without being a risk to themselves or others. Under the Safety, Health and Welfare at Work (Construction) Regulations 2013, all construction workers in Ireland, including apprentices and trainees, are legally required to hold a valid Safe Pass Registration Card. It is important to note that SOLAS are not the only authorised body that can issue registration cards, but registration cards issued by SOLAS are the only ones covered by this amendments extension.
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