Ross Wright, Author at The Compliance People

The Health and Safety Executive (HSE) confirms it will review its lone worker guidance; ‘Working Alone: Health and safety guidance on the risks’ (INDG73), which was last updated in 2012.

Lone workers make up an increasing and important part of the workforce within a range of roles and sectors and there are no specific regulations relating to lone workers, but the HSE has always recognised this group of workers can be at higher risk.

Barbara Hockey, head of the HSE’s vulnerable workers team, explained that she looked at the existing guidance provided by the HSE, and thought it was time for the document to be looked at, especially with the HSE’s new strategy in 2020.

The HSE worked with trade bodies, trade unions, small and large businesses, industry contacts and people who attended the lone worker conference in 2018, to comprehensively refresh and review the lone worker guidance.

The revised HSE lone worker guidance will reflect the developments within technological change and an ageing workforce; the guidance also encourages and empowers employees to do their own assessment of risk and take proactive steps based on the guidance.

Requirements to comply with the Classification Labelling Packaging Regulations are approaching.

An industrial obligation was introduced in 2017 by Regulation (EU) No. 2017/542, requiring importers and downstream users who place hazardous mixtures on the market to submit notifications with certain product details such as: trade name, product category, composition, colour, packaging and toxicological information, as well as the Unique Formula Identifier (UFI).

The UFI is an alphanumeric code consisting of 16 letters and digits, and marking has to be clearly visible and legible on the label. UFI’s can be easily created via the UFI Generator Tool of the European Chemicals Agency (ECHA). The UFI and other information will be used by poison centres in the event of an emergency call.

If a mixture placed on the market consists of a mixture in mixture (mixing two or more formulator’s specifications), the UFI can be safely used providing that the UFI is already known to poison centres. However, a new UFI code may need to be generated if a change in the mixture composition occurs. You will need to ensure all changes are monitored and if any changes are made, it will be your duty to create a new UFI and inform poison centres.

Importers and downstream users placing hazardous mixtures on the market should start preparing for the implementation of the next submission procedure and for the use of UFI on product labels.

The Health and Safety Executive (HSE) has published new guidance on how it deals with reports of work-related stress.

The HSE said it has redefined its operational guidance to establish a consistent approach to handling complaints of stress at work.

Cases of work-related stress, depression or anxiety rose by 13% to 1,800 per 100,000 workers in April 2018 compared to 2016/17. Work-related stress has become the most common work-related illness for the first time, overtaking musculoskeletal disorders.

The number of working days lost to work-related stress, depression and anxiety increased by 23% in 2018, rising from 12.5 million in 2016/17 to 15.4 million 2017/18.

Duncan Spencer, Head of Advice and Practice at IOSH has said the HSE needs to do more, looking at how organisations either prevent emotional hazards or recognise their causes early, so that effective mitigations can be put in place. He added that being preventative means that applications can be found at the coping stage rather than waiting until the struggling stage when existing and more popular controls kick in.

The HSE is urged to start analysing and enforcing on organisations, if they have inadequate preventative measures in place.

From 1st January 2020 a requirement of Regulation 517/2014 comes into force, which will ban the use of F-gases with a Global Warming Potential (GWP) of 2500 or more to service or maintain refrigerant equipment. This will only apply to equipment with a charge size of 40 tonnes CO2e or more, but will prohibit the use of multiple f-gases that are currently on the market in certain scenarios.

F-gases are man-made refrigerants which help transport heat around systems to either cool or heat a specific area. F-gases also contribute to global warming and can be released into the atmosphere through equipment leaks, decommissions or anything that releases gas from equipment.

EU Regulations are in place to restrict the use of F-gases with regulations intensifying in recent years.

Regulation (EU) No. 517/2014 on fluorinated greenhouse gases places restrictions on the use of certain refrigerants. Particular refrigerants such as R22 is already banned, and R404a is due to be banned in January 2020; other gases are set to be phased out and banned in the future. The banning of f-gases is usually done in stages, with restrictions applied over a number of years until they are phased out.

In January 2020, it will become illegal to fill systems with virgin refrigeration gas (freshly manufactured gas) if they meet the following conditions:

If your equipment meets the above criteria, you will no longer be able to receive virgin gas from January 2020, however, you are still able to operate your equipment. If a system develops a leak or the gas becomes contaminated, only reclaimed or recycled gas can be used. Reclaimed and recycled gas however is also set to be banned from 2030.

If your organisation is affected by these changes, it is important to consider and address any issues in advance.

The Energy Savings Opportunity Scheme (ESOS) Phase 2 deadline is fast approaching.

ESOS is a mandatory requirement for UK organisations which have over 250 employees, or an annual turnover exceeding €50 million and a balance sheet exceeding €43 million.

To comply with ESOS, obligated companies are required to measure their total energy consumption including energy used by buildings, industrial processes and transportation; they must then carry out audits to identify cost-effective energy efficiency opportunities. There are a number of ways of meeting these obligations, the most common are to either have an energy audit carried out by a competent lead assessor or by implementing an energy management system and achieving certification to ISO 50001. Lead assessors can be employees or external contractors, but they must be members of an approved professional body.

There is no requirement for an organisation to carry out any of the opportunities it has identified, but the aim of ESOS is to encourage organisations to take action on the findings.

No matter which route an organisation chooses to meet its compliance obligations, it must notify the Environment Agency of its compliance via the online system. The deadline for Phase 2 is 5th December 2019.

Many organisations received enforcement notices from the Environment Agency as a result of not submitting their evidence by the deadline for Phase 1, which had a compliance deadline of 5th December 2015. Fines also followed, ranging from £1,000 to the largest fine of £45,000 issued to Amdocs (UK) Ltd.

If you are close to the qualification thresholds, or there have been changes to your business recently such as joining a larger group, it is recommended that you refer to the ESOS Phase 2 Guidance to clarify whether you are obligated as soon as possible.

Please take note of this reminder to ensure compliance is achieved by the deadline, and to avoid any enforcement action.

Sixth Form pupils from Tauheedul Islam Girls’ High School (TIGHS) are a step closer to achieving their Mini Masters of Business Administration after visiting Newground in Blackburn.

Mick Smith, Managing Director of Newground, hosted a visit from 20 students to show them how a community interest company operates to drive positive social and environmental change.

The visit was part of an innovative work experience programme which sees students hone their business and research skills on projects with major local employers. Students gain the expertise and opportunities of work experience with the added advantage of boosting their academic skills through an individual research project connected to their career interests.

Working in partnership with the School of Social Entrepreneurship in Liverpool, the theme of this year’s Mini MBA is to research and develop a proposal for a social enterprise that will benefit the environment.

Mick said: “With over 20 years’ experience developing and delivering environmental and social projects, we are passionate about bringing interactive and thought provoking learning experiences to individuals, schools and businesses across the North of England. So we were delighted to welcome TIGHS students to learn about what we do, how we do it and why.

“We hope that we have inspired some of the students to take up a career in environmental services and we wish them all the best for the future.”

The school’s Assistant Principal, Asia Ali, said: “The programme is a fantastic way to prepare our pupils for the world of work. Liaising with senior figures in major organisations in the North West, our students get first-hand knowledge and insight into how these businesses operate. We are grateful to Newground for supporting our pupils by providing valuable experience on real-life tasks.”

TIGHS pupil Aneesah Kholwadia said: “The visit gave us a valuable insight into the strategy and operations of a social enterprise and helped us to understand how Newground is delivering positive change in the community. I have taken away many new concepts and ideas about business and social value from Newground and the other social enterprises that we visited, which will help greatly to shape my mini MBA project.”

The government introduces the Environment Bill to Parliament to help tackle environmental priorities.

The Environment Bill will put the environment at the centre of policy making to make sure that there is a cleaner, greener and more resilient country for the next generation. Environmental principles will be introduced to improve air and water quality, tackle plastic pollution and restore natural habitats.

While the Bill only applies to England, more than half of its measures e.g. driving up recycling rates, are designed to apply across the UK.

2) Producer Responsibility Obligations (Packaging Waste) Regulations (Northern Ireland) 2007

These amendments come into force on the day that the UK leaves the European Union (EU). They make no changes to duties for organisations. The changes made ensure that the 2005 Regulations continue to operate effectively once the UK has left the EU by amending references to EU Directives.

Regulation 3 and 3A are inserted into the 2005 Regulations to show how the following Directives should be read in relation to these Regulations:

2) Producer Responsibility Obligations (Packaging Waste) Regulations (Northern Ireland) 2007

These amendments come into force on the day that the UK leaves the European Union (EU) and make no changes to duties for organisations. The changes made ensure that the 2007 Regulations continue to operate effectively once the UK has left the EU by amending references to EU Directives.

Regulation 2A and 2B are inserted into the 2007 Regulations to show how the following Directives should be read in relation to these Regulations:

These amendments come into force on the day that the UK leaves the European Union (EU) and make no changes to duties for organisations. The changes made ensure that the 2011 Regulations continue to operate effectively once the UK has EU by amending references to EU Directives.

Regulations 9A-D are inserted into the 2011 Regulations to show how the following Directives should be read in relation to these Regulations:

The Legislation Update Service is the best way to stay up to date automatically with legislation in England, Wales, Scotland, Northern Ireland and the Republic of Ireland. Our intuitive online system helps manage your compliance obligations for environment, health & safety and food.

They come into force the day the UK leaves the European Union (EU) and are only applicable in the event of a no-deal Brexit scenario.

The Euratom Regulation requires that shipments of radioactive sources between Member States are controlled and documented. Due to the UK leaving the EU, the Euratom Regulation needs to be replaced with domestic legislation.

The requirements held within the Euratom Regulation are retained within these Regulations. However, as a result of the UK no longer being a Member State within the EU, updates are required to ensure the system in place continues to function.

The Regulations apply to shipments from EU Member States into the UK of sealed sources* whenever the quantities and concentrations exceed the levels stated in Table B of Annex VII of Council Directive 2013/59/Euratom (The Basic Safety Standards Directive 2013).

*Sealed sources has the meaning stated in the Basic Safety Standards Directive 2013 which is:

a radioactive source in which the radioactive material is permanently sealed in a capsule or incorporated in a solid form with the objective of preventing, under normal conditions of use, any dispersion of radioactive substances.

Note that the Regulations only apply to sealed sources and not to unsealed sources as the Euratom Regulation does. This is because the duty that applied to unsealed sources has been removed (see below information in the duties section). Unsealed sources are often test vials and powders, which tend to be lower activity and are safe to be unsealed.

Duties

These Regulations do not place any additional requirements or obligations on industry or regulators than those that were required under Council Regulation (Euratom) 1493/93 and ensure the UKs robust safety standards are maintained.

For shipments into the UK from EU Member States after Brexit:

Prior written declarations (declaration of compliance)

Before any shipment of sealed sources can take place, source holders are required to obtain a prior written declaration from the consignee of the source (the source receiver).

Prior written declarations are still to be made by consignees, however these now only apply to imports from the EU into the UK only. Previously, under the Euratom Regulation, prior written declarations had to be made on imports to the UK from the EU and exports from the UK to the EU. Therefore, prior written declarations are no longer required when shipping sealed radioactive sources to the EU.

The consignee (which means any person to who the material is going to be shipped) must complete a prior written declaration on a standard form that confirms the consignee has complied in full with all relevant national requirements in the UK for the safe storage, use or disposal of those sources. This is known as a declaration of compliance. The standard form is available here.

The consignee must send the completed declaration of compliance to the competent authority, who are the following:

in England, the Environment Agency;
in Scotland, the Scottish Environment Protection Agency;
in Wales, the Natural Resources Body for Wales; and
in Northern Ireland, the Chief Inspector.

Upon receipt of a declaration of compliance, the competent authority must send a written acknowledgement of receipt to the consignee. The declaration of compliance and acknowledgement of receipt must then be sent by the consignee to the source holder before the shipment can take place.

Note the holder means any person who has the legal responsibility under the applicable national law for the sealed sources to be contained in the shipment.

The declaration is valid for 3 years from the date the acknowledgement of receipt is sent by the competent authority. Any existing written declarations for shipments from the EU to the UK stamped prior to exit day under the provisions of the Euratom Regulation, and which have not reached the end of their 3 year lifespan, will continue to be recognised as valid after the UK leaves the EU.

Multiple shipments

The declaration issued can refer to multiple shipments if:

the sealed sources have the same physical and chemical characteristics;
the sealed sources do not exceed the levels of activity set out in the declaration; and
the shipments are made from the same holder to the same consignee and involve the same competent authorities.

Note that the position in relation to UK exports into the EU sits within the EUs competence after the UK leaves the EU.

Quarterly returns

The requirement on holders to submit a quarterly return to the competent authorities in the Member State of destination detailing all of the shipments made during the preceding quarter has been removed within these Regulations. This requirement is set out in Article 6 of the Euratom Regulation. This is due to the fact that the UK cannot place an obligation on EU source holders to submit a quarterly return to a UK based competent authority.

Note that the requirement to submit quarterly returns applied to sealed and unsealed sources under the Euratom Regulation. This was the only duty specified for unsealed sources. As this requirement has been removed this means these Regulations therefore only apply to sealed sources.

Exporting from the UK to the EU

The UK no longer requires UK exporters to make a prior written declaration when shipping sealed radioactive sources to the EU.

UK exporters to the EU should seek guidance from the European Commission and EU countries on any requirements they must comply with before shipping.

Note there is no change to the processes for shipments of radioactive sources between the UK and the rest of the world.

Amends: Regulation (EU) 2018/956 on the monitoring and reporting of CO2 emissions from and fuel consumption of new heavy-duty vehicles

This amendment comes into force on the day the UK leaves the European Union (EU).

Amendments are made to ensure the monitoring and reporting of CO2 emissions from, and fuel consumption of, heavy duty vehicles (HDVs), laid out in Regulation (EU) 2018/956 on the monitoring and reporting of CO2 emissions from and fuel consumption of new heavy-duty vehicles, can function following exit day. The main focus of these amendments is ensuring that the EU Regulation will apply to HDVs registered in the UK and transferring responsibilities from the European Commission (EC) to the Secretary of State.

The obligations of UK manufacturers will remain largely the same following exit day, with a few exceptions. The responsibility to report the data listed in Part A of Annex I is now with the manufacturer and not the EU Member State. All data collected is now to be reported to the Secretary of State and not the EC.

Stay informed with free, monthly legislation updates and news delivered straight to your inbox.