Ross Wright, Author at The Compliance People

Following an incident currently being investigated by the Office for Nuclear Regulation, the Health and Safety Executive (HSE) is issuing a safety notice to remind duty-holders about condensate induced water hammers.

Water hammer is a known vulnerability in steam systems, and sometimes is referred to as ‘Condensate Induced Water Hammer’, which occurs when steam is introduced into cold pipe-work that has not been sufficiently drained. As the steam cools, it condensates and takes up less volume in the pipework than steam, which produces a vacuum, creating an impact against the pipework.

Dutyholders have a number of responsibilities under theÂ Pressure Systems Safety Regulations 2000Â in England, Wales and Scotland. Dutyholders should ensure suitable measures are taken to prevent the occurrence of such events, including the appropriate operation and maintenance of systems on their sites.

The HSE recommends that the 5 point action plan detailed in the Safety Assessment Federation factsheet; ‘potential hazards created by water hammer in steam systems’ is considered. This includes taking into account the following:

Jurisdiction: EU

Commencement: 2nd July 2019

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

Mini Summary

Regulation (EC) No 1907/2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) applies to substances manufactured or imported in the EU in quantities of 1 tonne or more per year. They impose a greater responsibility on industry to manage the risks from chemicals and to provide safety information on substances used.

Amendment

Annex XVII, regarding restrictions on the manufacture, placing on the market and use of certain dangerous substances, mixtures and articles, is updated to include the substance (3,3,4,4,5,5,6,6,7,7,8,8,8-tridecafluorooctyl) silanetriol and and any of its mono-, di- or tri-O-(alkyl) derivatives. This respiratory sensitiser is classified as a dangerous substance and is found in commercial spray products.

The substance has a number of requirements attached:

The substance must not be placed on the market for supply to the general public after 2nd January 2021, in any combination, in a concentration equal or greater than 2 parts per billion (ppb) by weight.
Products containing the substance shall be marked clearly stating ‘for professional users only’ and ‘fatal if inhaled’ with the pictogram of Globally Harmonized System of Classification and Labelling of Chemicals (GHS) 06: Toxic.
Safety data sheets (SDSs) must also state that the product is for professional users only, and marked fatal if inhaled.

A transitional period until January 2021 is proposed to allow stakeholders to comply with the restriction, including to deplete any stocks that are available.

Link to full government text

This Regulation creates a legal framework to protect human health and the environment by prohibiting, phasing out, or restricting the production, placing on the market and use of Persistent Organic Pollutants.

Persistent Organic Pollutants (POPs) are chemical substances which stay in the environment, migrate into, and accumulate in the food chain and threaten human health and the environment. POPs can be found in pesticides, industrial chemicals (such as polychlorinated biphenyls – PCBs), and industrial by-products.

The purpose of this Regulation is the protection of the environment and human health from POPs by prohibiting, phasing out, or restricting the manufacturing, placing on the market, and use of substances subject to:

It also seeks to minimise and eventually eliminate releases of substances containing POPs and control waste containing, or contaminated by, them.

Controlling the manufacture, placing on the market, use, and listing of substances

The manufacture, placing on the market, and use of substances listed in Annex I either on their own, in mixtures, or in articles is prohibited.

The manufacturing, placing on the market, and use of substances listed in Annex II either on their own, in mixtures, or in articles is restricted. The conditions of restrictions for each listed substance are detailed in the Annex.

Substances added to Annex I or II after the Regulation is in force are given a 6 month grace period for articles produced on, or before, the date that the substance became restricted, during which the above controls do not apply.

Control measures do not apply to articles containing a listed substance which was already in use at the time that the substance became listed.

Though the control measures do not apply in the above circumstances, where an EU country becomes aware of exempt articles they are required to notify the European Commission (EC) and the European Chemicals Agency (ECA) accordingly.

A stockpile which contains any substances listed in Annex I or Annex II for which no use is permitted should be managed as waste.

the holder must provide the competent authority in their country with information on the nature and size of the stockpile within 12 months of the Regulation becoming applicable to the substance.

Stockpiles must be managed in a safe, efficient, and environmentally sound manner which protects human health and the environment.

European (EU) countries are required to monitor the use and management of notified stockpiles.

By July 2021, EU countries are required to produce and maintain an inventory of the substances listed in Annex III that have been released to air, water, and land.

EU countries must also develop an action plan which includes measures to identify, characterise, and minimise, with a view to eliminating, the total release of substances listed in Annex III and communicate this to the EC, ECA, and other EU countries.

Action plans should include measures to promote the development and use of substitute or modified substances, mixtures or articles, and processes to prevent the formation and release of POPs.

When considering proposals for new facilities or significant modification of facilities using processes that release chemicals listed in Annex III, EU countries must consider alternative processes, techniques or practices that are similar but avoid the formation and release of the listed substances.

Producers and holders of waste must avoid the contamination of waste with substances listed in Annex IV, where possible.

Waste containing, or contaminated by any of the substances in Annex IV must be disposed of or recovered, without delay, in a way that ensures the POP content is destroyed or irreversibly transformed so that the remaining waste and any releases don’t have the characteristics of POPs.

If a waste contains, or is contaminated by a substance listed in Annex IV but in a concentration below that specified in the Annex, the restrictions do not apply.

In exceptional cases, the competent authorities may allow certain wastes (listed in Part 2 of Annex V) which contain, or are contaminated by a controlled substance (Annex IV) to be disposed of or recovered by an authorised operation (as specified for that waste in Annex V) as long as the following requirements are met:

EU countries are required to take steps to ensure that control and traceability of waste containing, or contaminated by, substances listed in Annex IV, in line with the control of hazardous waste requirements in the Directive 2008/98/EC on waste (The Waste Framework Directive).

EU countries must prepare and update national implementation plans, in line with national procedures and through consultation with the public. The plans must then be made publically available and be communicated to the EC, ECA, and other EU countries.

The EC will maintain, review, and publish an implementation plan for EU obligations under the Convention.

The EC is required to establish and maintain programmes and mechanisms for regular and comparable monitoring of the presence of substances as listed in Part A of Annex III in the environment.

It is also required to assess the need for mandatory monitoring of any substance listed in Part B of Annex III.

EU countries are required to designate a competent authority responsible for the enforcement of the Regulation and inform the EC by the 16th October 2019.

The principle purpose of this Act 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.

These Regulations bring paragraph 1 of Schedule 5 of the European Union (Withdrawal) Act 2018 into force, relating to the duties on the Queens Printer to publish relevant legislation, including retained direct EU legislation. This commencement has no direct relevance to environmental/health and safety/food safety matters.

The EU Exit web archive collection will provide a comprehensive and official UK reference point for EU law as it stands at EU exit.

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.

These summaries (Newground Materials) are provided free of charge as an example of the Legislation Update Service’s content. They are not intended to constitute legal advice for any specific situation. The Newground Materials are general and educational in nature and may not apply to the specific facts and circumstances of individual cases. Newground does not accept any responsibility for action taken by you or any User as a result of any Newground Materials provided by us. You should take specific legal advice when dealing with specific situations.

Reference to repealed Regulation (EC) 850/2004 on persistent organic pollutants is replaced with Regulation (EU) 2019/1021 on persistent organic pollutants within Section 41 of the Act, which allows the Environment Agency to recover the costs of enforcing Regulation (EU) 2019/1021.

Schedule 8, which contains the form of consignee’s return to producer or holder, is replaced to substitute reference to the repealed Regulation (EC) 850/2004 on persistent organic pollutants with Regulation (EU) 2019/1021 on persistent organic pollutants within the hazard codes section.

This section states that where a waste contains Persistent Organic Pollutants (POPs) in concentrations higher than allowed by Annex IV of Regulation (EU) 2019/1021 then the waste must also be given the code POP.

As a result of Regulation (EC) 850/2004 on persistent organic pollutants being repealed and replaced by Regulation (EU) 2019/1021 on persistent organic pollutants, the UK supporting Regulations are amended to ensure that they still enforce the management of persistent organic pollutants (POPs) in the UK.

There are no changes to duties for organisations; this is an administrative change which replaces references to the 2004 Regulation with the 2019 Regulation. The EU Regulation was updated to reflect both updates to the list of substances restricted or banned under the Stockholm Convention and administrative changes at the EU level.

Amends: Commission Regulation (EU) 142/2011 laying down health rules as regards animal by-products and derived products not intended for human consumption

This Regulation lays down implementing measures for public and animal health rules for animal by-products and derived products laid down in Regulation (EC) No. 1069/2009. The Regulations concern the disposal and use of animal by-products and derived products.

Requirements for the harmonised list of approved or registered establishments, plants and operators in European Union (EU) Member States are inserted, to ensure that harmonised lists are up-to-date, and are entered into the Trade Control and Expert System (TRACES) by 31st October 2021.

Under Article 30, consignments of animal by-products coming from, and destined for, the Russian Federation, and the movements of consignments of animal by-products and derived products coming from Bosnia Herzegovina, and destined for third countries are not required to be entered into the TRACES system.

Chapter III of Annex VIII concerning commercial documents and health certificates is updated to:

*The competent authorities for the UK are the Food Standards Agency, Food Standards Scotland, and local authorities.

Annex XVI, which sets out a standard format for the authorisation of the dispatch of animal by-products and derived products to another Member State, is amended to make the following change:

Section 10 regarding the standard format for applications for certain authorisations in intra-EU trade is updated to include information on the authorised destination of derived products, and the authorised users of animal by-products or derived products.

Amends: Commission Regulation (EU) 142/2011 laying down health rules as regards animal by-products and derived products not intended for human consumption

An amendment is made to Annex XIV of Regulation (EU) No. 142/2011, regarding importation, export, and transit, so that the entry for rendered fats for certain purposes outside the feed chain for farmed animals is updated to allow the production of renewable fuels and alternative fuels from imports of rendered fats.

The government has proposed new guidance for waste firms dealing with the transfer and treatment of healthcare waste.

TheÂ draft guidanceÂ comes as a result of the Healthcare Environmental Services (HES) scandal. HES, is still under investigation by the EA and the Scottish Environmental Protection Agency (SEPA) for allowing substantial amounts of toxic medical waste build up at some sites.

Currently, the appropriate measures and standards for firms dealing with healthcare waste are set out in guidance dating back to 2011.

The Environment Agency (EA) states the new guidance aims to deliver improvements of permitted facilities in the healthcare waste sector, and ensure that appropriate measures are applied consistently.

Under the proposed guidance, waste firms must have a contingency plan, ensuring they comply with their permit conditions and operating procedures during maintenance and closure at sites. Additionally, it states that firms must adhere to permitted storage limits, and they must stop accepting waste, unless a clear defined method of recovery or disposal is in place.

Amends: Regulation (EC) No. 396/2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC

These Regulations lay down rules relating to maximum levels of pesticide residues in or on food and feed of plant and animal origin.

The maximum residue levels (MRLs) for clomazone, fluxastrobin, lambda-cyhalothrin, mepiquat and thiacloprid are updated in Annex II (Pesticide residues and maximum residue levels (mg/kg)).

A new default MRL for fenpicoxamid, is set at a limit of determination (LOD) at 0.01mg/kg, and the relevant LODs are now listed in a new column inserted into Annex II.

The MRLs for chlorantraniliprole, fenazaquin and valifenalate are updated in Part A of Annex III (Pesticide residues and maximum residue levels (mg/kg)).

A new default MRL for onion oil, is set at a LOD at 0.01 mg/kg and the relevant LODs are now inserted and listed into Annex IV (Pesticide residues and maximum residue levels (mg/kg)).

A new default MRL for cyclaniliprole, is set at a LOD at 0.01mg/kg and the relevant LODs are now inserted and listed in a new column inserted into Annex V (Pesticide residues and maximum residue levels (mg/kg))

These Regulations contain the main requirements to ensure the protection of the health, safety and welfare of people working on construction sites.

These Regulations amend the Safety, Health and Welfare at Work (Construction) Regulations 2013. They facilitate the recognition by SOLAS* of equivalent registration cards to ‘Safe Pass’* and construction skills certification schemes from non European Union (EU) states as compliant with the provisions of the 2013 Regulations.

*(SOLAS is a state organisation established in 2013, with the responsibility for funding, planning and coordinating Further Education and Training in Ireland)

*Safe Pass is a training programme aimed at all construction site personnel, including new entrants, to ensure that they have a basic awareness of health and safety as required by the Safety, Health and Welfare at Work (Construction) Regulations 2013.

A number of minor amendments are made to insert new definitions for ‘Member State’, ‘Professional Qualifications Regulations’, and ‘SOLAS’, and to remove others, namely those for ‘FÁS’ and ‘FETAC award’.

SOLAS is now responsible for the issue of valid construction skills registration cards and the maintenance of the register of cards issued. This was previously done by FAS (Ireland’s National Training Authority) who have now been dissolved.

Schedule 4, which relates to the Safety Awareness Scheme, is amended to reflect changes to that scheme. A valid safety awareness registration card is one of the following:

Schedule 5, which relates to the Construction Skills Certification Scheme, is amended to reflect changes to the process for issuing a construction skills registration card. SOLAS shall issue a construction skills registration card to an applicable person who has been awarded one of the following:

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