Effectiveness of forklift truck operator training is being compromised 1 1

The Road Transport Industry Training Board (RTITB) declares the effectiveness of some fork lift truck operator and driver certificate of professional competence (CPC) training is being compromised due to poor company culture, and its negative impacts on employee behaviour.

Organisations that have negative safety cultures often see candidates behaving poorly during training sessions, which can impact the quality of the training, missing important points.

To combat negative behaviour, RTITB, says it is important for instructors to create conditions that can encourage positive behaviour to improve the effectiveness of forklift training.

RTITB recommends workers are given a clear understanding of the processes when operating forklift trucks, and that standards covered in training should transfer to the job, and not just be left at the training environment. Embedding the correct standards would eventually improve employees attitudes and the culture of the company.

A significant proportion of reported accidents involve a rider operated truck (e.g. forklift truck) which are caused by:

Many reported accidents usually involve pedestrians, who are too frequently left suffering serious injuries after being hit by a rider operated lift truck at work.

In England, Scotland, Wales and Northern Ireland The Health and Safety at Work Act 1974 (HASAWA) requires employers to ensure, so far as is reasonably practicable, the health, safety and welfare at work of their employees and anyone else who may be affected by their business activities.

Organisations operating in England, Scotland and Wales, making use of a forklift truck must be aware of their obligations under the HASAWA and in the following regulations:

Equivalent regulations are in operation in Northern Ireland, including:

Equivalent regulations are in operation in the Republic of Ireland including:

Organisations providing insufficient training or no training are potentially negligent in their duty of care and risk enforcement action from the HSE.

A significant amount of cases investigated by the HSE, find that companies fail to implement safe working practices with the use of forklift trucks. If your organisation uses forklift trucks, it is recommended that you periodically review policies and procedures to ensure these are current.

For further information on Rider-operated lift trucks published from the HSE, please click here

New electric vehicle technologies

Following net zero aspirations, Glasgow will see electric buses running on commercial routes for the first time since electric trolley buses were decommissioned in 1967.

Bus operator First Glasgow has introduced two new electric buses with the assistance of funding from SP Energy Networks’ £20m Green Economy Fund, in support of Glasgow’s target to become a net-zero city by 2030.

The company is already anticipating the expansion of their electric bus fleet, with plans to build 22 electric vehicle charging points in Glasgow’s Caledonia Depot.

First Glasgow invested £31 million over a two-year period and aim to introduce 150 ultra-low emission vehicles to achieve full compliance with Glasgow’s low emission zone by the end of 2022.

The creation of Clean Air Zones by local authorities aims to improve air quality across the UK, and was expected to only apply to buses, taxis and HGVs. However, following a legal challenge, non-compliant private vehicles may also be affected.

Is 2020 the year to make the change electric vehicles? 

Manufacturers are required under Regulation (EU) 2019/631 setting CO2 emission performance standards for new passenger cars and for new light commercial vehicles to ensure that their average specific emissions of CO2 don’t exceed their relevant targets.

In the past, companies and individuals have been reluctant to make the change to all-electric vehicles due to their high purchase cost and concerns over the distance they travel before a charge is needed. However, over the next 12 months car manufacturers, including Audi, Vauxhall, Skoda, Seat, Fiat, Mini and Volkswagen will be releasing a number of all-electric models in their attempt to meet increasingly stringent emission rules.

To pick a few, Audi will be releasing the Audi E-tron Sportback, its first electric SUV with a range of 278 miles. The ever popular Vauxhall Corsa will be available as an electric version from March 2020, with a range of 211 miles. And for speed lovers, Maserti is launching the long awaited Alfieri sports car at the 2020 Geneva motor show, boasting an option of three different electrified powertrains providing the enormous power for the car.

Business miles contribute to a high level of companies CO2 output so 2020 may be the time to consider a change to an all-electric model.

productivity boost

Recent investment in workforce health and wellbeing within the manufacturing industry, has led to a 90% productivity boost according to a recent report published by Make UK.

The producers of the report, Make UK, previously known as the Engineering Employers’ Federation (EEF), works with UK businesses in the engineering, manufacturing and technology sectors.

A boost in productivity was experienced for the majority of manufacturers as well as improved workforce relations was attributed to an investment in people.  Manufacturers also reported a reduction in absenteeism and strengthening of staff retention as a result of spending on staff wellbeing.

Employee health and wellbeing is increasingly regarded as a core business objective within the manufacturing industry – 85% of organisations viewed the encouragement and promotion of physical and mental wellbeing as a duty of the organisation.

Implementing an effective health and wellbeing strategy results in a healthier and happier workforce, which in turn improves productivity.

Encourage your employees to:

road safety

The Royal Society for the Prevention of Accidents (RoSPA) launches new guidance aimed at helping self-employed ‘gig economy’ and lone workers who spend a significant amount of time on the road.
The main focus of the guidance is the importance of staying safe while driving:

The guidance is aimed at helping professional, self-employed workers, such as couriers and taxi drivers, who are less likely to work traditional fixed hour work patterns.

It shouldn’t be a surprise that driving is one of the most dangerous activities that a person can do. People who drive for work (e.g. consultants, delivery drivers, etc.) are more likely to be involved in a crash as they are constantly exposed to the risks involved with road travel.

The guidance also includes a reminder that handling a phone while driving is prohibited. This may be problematic for many professional drivers who use their phones to monitor workload or to communicate with customers/clients.

If you would like to read RoSPA’s guidance, it can be found here.

Note: As a reminder, don’t forget that the Health and Safety Executive (HSE) has published a ‘Driving at Work’ guideline, stating that on-the-road work activities should be managed effectively within a health and safety system. This can be found here.

airborne microplastics

Plastic is increasingly becoming the material bogeyman of the modern age.

For decades considered a wonder material due to its ability to be moulded into any form and its low production cost, it seemed like the sun would never set on the world of plastic.  Alas, some things are too good to be true and the realities of a civilization hooked on plastic are becoming increasingly clear and worrying.

It’s impossible to ignore the aesthetic blight of plastic packaging on the natural beauty of our world or its effect on wildlife, however these threats to our natural world may just be the visible tip of the iceberg.

Awareness of how microplastics (defined as 5mm or less in size) affect the environment is widespread, however there is increasing concern that it could also be polluting the air we breathe.

In recent years a large amount of research has been conducted to assess the risk from microplastics entering the food chain and drinking water, but there is less information on the health risks associated with inhaling microplastics.

A groundbreaking study (found here), recently published in the scientific journal “Environment International”, found that London has worryingly high levels of microplastics in the air, even compared to other major cities such as Paris. It was also found that the air around the remote French Pyrenees mountains contains microplastics, raising concerns about how far airborne microplastics can travel from their urban sources.

Big steps have been made to reduce plastic waste in recent years. The charge on disposable carrier bags and the ban on disposable plastic straws have lead to a drastic reduction in their use. There’s also the rise in companies making the switch to plasticless packaging, so things can only get better right?

Perhaps, but it’s worrying to find out that in London at least, the vast majority (92%) of airborne microplastic fibres analysed was found to have come from the wear and tear of clothing, upholstery and carpets, with only 8% coming from other sources including the degradation of waste such as plastic bags and polystyrene foam.

The threat to human health remains relatively unknown, although previous studies on individuals who work in industries that have high exposure to plastic dust have proven links to inflammation of the airways and even leading to fibrosis of the lungs. Such studies may indicate a risk to the general public, however additional research is required to identify the scale of this potential problem.

Jurisdiction: EU 24th October 2019

Commencement: 24th October 2019

Amends: Machinery Directive 2006/42/EC supported by 2019/436 on the harmonised standards for machinery
Mini Summary
This Regulation adds the international standard ISO 19085-3:2017 to the list of harmonised standards for machinery drafted in support of the Machinery Directive.
Amendment
An amendment is made to Annex II of Decision 2019/436 on the harmonised standards for machinery, which lists harmonised standards for machinery drafted in support of the Machinery Directive. The international standard ISO 19085-3:2017 is added to Annex II, which provides safety requirements for specific types of woodworking machines. [December 2019]

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Jurisdiction: England

Commencement: 31st October 2019

Amends:

Mini Summary
The Pesticides (Amendment) Regulations 2019 amend references to primary and secondary legislation to Regulation (EC) No 1107/2009 concerning the placing of plant protection products on the market

 
Amendment
References to Regulation (EC) No 1107/2009 (the PPP Regulation) are updated to reflect that the most updated amendment to the PPP Regulation is Regulation (EU) 2019/1009. These amendments are solely administrative.

These changes are necessary due to the amendments made to Regulation 2019/1009, which adds to the definition of plant biostimulant and includes new transitional measures for applications for active substances, submitted before 15th July 2019.

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Jurisdiction: Republic of Ireland

Commencement: 25th November 2019

Amends: Road Traffic Act 2016
Mini Summary
The Road Traffic Act 2016 sets out requirements for driving licences, speed limits, driving offences, insurance and public vehicles.
Amendment
This Order brings section 30 of the Road Traffic Act 2016 into force. Motor insurers must provide details of their motor insurance policies (e.g. name, address, cover period, etc.), to the Minister, the Motor Insurers Bureau of Ireland (MIBI), and An Garda Siochana (the police service).

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Jurisdiction: UK

Commencement: 21st November 2019

Amends: The Greenhouse Gas Emissions Trading Scheme Regulations 2012
Mini Summary
The Greenhouse Gas Emissions Trading Scheme Regulations 2012 complete the UK’s transposition of Directive 2003/87/EC establishing a scheme for greenhouse gas emission allowance trading within the Community (the EU ETS Directive) to improve and extend the Greenhouse Gas emission allowance trading scheme.

 
Amendment
Please note: These Regulations and any amendments that make will be revoked on exit day as the amendments they make to EU ETS will no longer be relevant to the UK.

Following several amendments to Directive 2003/87/EC establishing a system for greenhouse gas emissions allowance trading within the Union (‘the EU ETS Directive’), these Regulations make the changes required to fully implement these changes to the EU ETS scheme in the UK.
Phase IV
Directive 2018/410/EU amended the EU ETS Directive to implement Phase IV of EU ETS, which takes place between 2021-2030, amendments are made to the 2012 Regulations, to mirror these changes.

The changes relating to Phase IV include the following:

Reporting
By the 31st March each year, the Secretary of State (SoS) must publish the total amount of compensation that has been provided in the previous scheme year for the indirect costs* incurred by electricity intensive installations in sectors at risk of carbon leakage*.

This information must be easily accessible to the public, and if the compensation amount is more than 25% of the generated revenue from the auctioning of allowances in that year, the SoS must produce a report for the reasons for exceeding the amount.

*Indirect costs means increases in electricity prices from suppliers who are passing on the cost of using their allowances to cover emissions from power generation.

*Carbon leakage, is the risk of installations moving their operations to countries outside of the scope of EU ETS where carbon legislation is more lax to reduce the financial burden. Therefore resulting in less stringent controls on their carbon emissions.
Opt out schemes
This amendment also ensure the continuation of the small emitters and hospitals opt out scheme into Phase IV, this implements Article 27 of the EU ETS Directive which reduces the regulatory burden on small emitters and avoids a competitive disadvantage as other member states have also introduced this opt out.

A new opt out is also introduced for ultra small emitters that emit less than 2 500 tonnes of carbon dioxide equivalent per year. This opt out implements Article 27a of the EU ETS Directive and further reduces the regulatory burden on small emitters.

Schedule 5A is inserted, relating to excluded Article 27A installations. This includes information on the duty to monitor emissions, and the duty to notify if emissions exceed maximum amount during an allocation period.
Other amendments
Clarification has been added to the legislation to state that emissions reported using Eurocontrol data are regarded as verified emissions.

The EU ETS utilises a registry, which is a platform used by the scheme which allows for the trading of allowances. Clarification is provided for anyone to become a user of the registry, applications must prove that they are a fit and proper person. Previously, this was a requirement of the regulator to prove this.

The EU ETS Directive has also been amended by 3 other Regulations which these regulations also implement:

References are updated to refer to these Regulations.

In accordance with the Free Allocation Regulations the competent authorities for EU ETS are confirmed as:

For the purpose of the Accreditation and Verification Regulations, the EA is assigned as the focal point for the exchange of information, as there are multiple competent authorities in the UK.

Regulation 80 is updated by removing paragraphs 6, 11, and 12 which detailed requirements for users of the Union Registry to comply with reasonable terms and conditions.
Penalties
Clarification is given to the mandatory penalty which applies where an operator has not surrendered sufficient allowances by the relevant deadline. This is calculated by reference to the emissions in the years which breaches have occurred.

If the maximum amount of emissions for an ultra small installation is exceeded, the operator is liable to a penalty if the installation exceeds the maximum amount in any scheme year. This is calculated by taking the reportable emissions arising in the scheme year from the maximum amount*, which is then multiplied by the carbon price for that year.

If a regulated activity is carried out without the necessary permit, and the operator of an Article 27a installation has exceeded the maximum amount in any scheme year and has failed to notify the regulator by 31st March in the year following the scheme, a penalty may be imposed.

The penalty is calculated by adding the estimated amount of costs avoided as a result of carrying out a regulated activity without the necessary permit to the combined total of the estimated amount of reportable emissions from the installation in the period which a regulated activity was carried out without the necessary permit and the carbon price for that year.

*The maximum amount is an amount less than 2,500 tonnes of carbon dioxide equivalent, disregarding emissions from biomass.
Transitional provisions
A permit granted under the 2005 Regulations that comes is in force before 1st January 2021 will continue to have effect until it is revoked or surrendered under these 2019 Regulations.

An excluded installation permit that is in force before 1st January 2021 continues to have effect as if it were an Article 27 installation emissions permit until it is revoked, surrendered, or varied under these 2019 Regulations.

Regulators may be required to do the following under the transitional provisions:

Schedule 5
Schedule 5 is updated, replacing paragraph 4 relating to the duty to notify regulator for activities during 2020. Any operator who provided services to a hospital before 2021 and stopped services during 2020, must give notice to the regulator no later than 31st March 2021.

If an increase in the capacity of an excluded installation has occurred after the 30th June 2019, the operator may apply for an increase in the emissions targets for the installation for the following years within the first allocation period.

If a capacity increase occurs at an Article 27 installation after 30th June 2024, the operator may apply for an increase in the emissions targets for the installation for the following years within the second allocation period. This must be made by 31st December in the year of the capacity increase, or within 3 months of the date. If the capacity increase occurred before 1st January 2026, this must be made by 30th June 2026.

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Jurisdiction: EU

Commencement: 31st July 2019 but will apply from the 1st February 2021

Amends: Regulation (EC) No 1907/2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency

Repeals: Regulation (EU) No 98/2013 on the marketing and use of explosives precursors
Mini Summary
This Regulation establishes rules around the making available, introduction, possession and use of mixtures with the intention of minimizing the illicit use of substances or mixtures and to establish a reporting system of suspicious activity throughout the supply chain.
Summary
Due to the amount of necessary changes made to Regulation (EU) No 98/2013 on the marketing and use of explosive precursors (Regulation 98/2013), this regulation repeals Regulation 98/2013.

Regulation 98/2013 established rules around the making available, introduction, possession and use of substances or mixtures that could be misused for the illicit manufacture of explosives, with a view to limiting their availability to the general public and establishing a reporting system of suspicious activity throughout the supply chain.

Although Regulation 98/2013 has reduced the threat posed by explosive precursors*, it has not ensured sufficient levels of public security and it is therefore necessary to strengthen the system.The subsequent number of changes needed to strengthen the system, makes it necessary to replace Regulation 98/2013 with effect from 1st February 2021.

*Explosive precursors are chemical substances that can be used for legitimate purposes but can also be used for the illicit purpose of making homemade explosives.

The strengthening of the system should ensure the free movement of explosives precursors in the internal market and encourage innovation, including the development of safer chemicals to replace explosive precursors.

The amendments this Regulation makes to Regulation 1907/2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency (Regulation 1907/2006), are necessary to integrate the relevant security orientated restrictions from Regulation 1907/2006 into this regulation, specifically for making Ammonium Nitrate available. Subsequently paragraphs 2 and 3 of entry 58 in Annex XVII of Regulation 1907/2006, relating to the placement of Ammonium Nitrate (AN) on the market, under specific quantities and percentages, are deleted from the entry.
Relevant explosive precursors
This Regulation applies to substances listed in Annexes I and II.

Annex I lists the restricted explosives precursors which cannot be made available to, introduced, possessed or used by the general public. Whether on their own or contained within a mixture / substance. Unless, the concentration is equal to or lower than the limit values (Column 2).

EU countries can allow for certain restricted explosive precursors to be made available to, possessed or used by the general public at the concentration listed in Column 3, through a licensing regime.

Suspicious transactions and significant disappearances and thefts must be reported within 24 hours.

Annex II lists the reportable explosive precursors which either on their own or in mixtures any suspicious transactions and significant disappearances and thefts must be reported within 24 hours.

This Regulation does not apply to:

Duties
Licences
Licences may be issued to members of the public who have a legitimate interest in possessing or using restricted explosive precursors. EU countries are required to implement rules for their licencing regime.

Licences can permit either multiple or single use, but must not remain valid for over 3 years. It must also indicate the restricted explosives precursors that it applies to.
Economic Operators and Professional Users
An economic operator makes explosive precursors available to another person, whereas a professional user acquire or introduce an explosive precursor only for their own use. Economic operators include online marketplaces.

Where an economic operator sells / makes available a restricted explosive precursor to another economic operator they must inform them that its possession or use by the public is prohibited unless the member of the public holds the correct licence. As well as there being reporting obligations associated with a member of the public possessing or using a restricted explosive precursor.

An economic operator who makes available regulated explosives precursors to a professional user or to a member of the public must be able to demonstrate to the national inspection authority that staff involved with the sale are:

Online market places must  take measures to ensure that its users are informed of their obligations regards explosives precursors, when making them available.

This can be done by affixing an appropriate label to the packaging, by verifying that an appropriate label is affixed to the packaging, or by including that information in the safety data sheet.
Verification  
An economic operator who makes available a restricted explosives precursor to a member of the general public must, for each transaction, verify the proof of identity and licence of the person and record the amount of the restricted explosive precursor on the licence.

An economic operator who makes available a restricted explosives precursor to a professional user or another economic operator shall for each transaction request the following information:

A template for this customer statement is provided in Annex IV.

Unless this information has already been verified within 12 months of that transaction, and the transaction is not significantly different to the last.

The economic operator must then assess whether the intended use is consistent with the trade, business or profession of the prospective customer and may refuse the transaction if it doubts the legitimacy of the intended use. Where this occurs they must report the attempted transaction.

Information recorded must be retained for at least 18 months from the date of the transaction. This information must be made available for inspection by the national inspection authorities or law enforcement authorities if requested.

Online Marketplaces are also required to ensure they put steps in place to conform with this verification requirements.
Reporting
Economic operators and online marketplaces shall report suspicious transactions within 24 hours. Particularly where the prospective customer acts in one of the following ways:

They must have appropriate procedures in place to detect suspicious transactions.

A national contact point will be set up with a clearly identified telephone number, email or web form, available 24/7, for the reporting of suspicious transactions, significant disappearances or thefts.

The report should identify the customer if possible, and all the details that have caused them to believe the transaction is suspicious.
Training
Economic operators are responsible for providing information to their personnel on the manner in which explosives precursors are made available under this Regulation and for raising staff awareness.
Online Economic Operators
This Regulation should also apply to economic operators online. This means personnel should be trained and procedures should be put in place to detect suspicious transactions. Explosive precursors for online economic operators should only be made available to members of the general public who hold a licensing regime in accordance with this Regulation. Economic operators that operate online should also request end-use declarations of professional users.
Amendment
Amendments are made to Annex XVII, by deleting paragraphs 2 and 3 relating to dates of market placement and limit applications, located within the second column of entry 58 Ammonium nitrate (AN). This removes the security restrictions on Ammonium nitrate within the REACH Regulations as they now sit within Regulation 2019/1148. There are no changes to duties for organisations.

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