ISO 50001:2018 specifies requirements for establishing, implementing, maintaining and improving an energy management system (EnMS).

The Standard is applicable to any organisation, regardless of its type, nature or size and applies to the activities under the control of the organisation.

The Standard does not apply to product use by end-users outside the scope and boundaries of its EnMS, nor does it apply to product design outside of facilities, equipment systems or energy-using processes.

ISO 50001:2018 is based on Annex SL, the high level structure (HLS) that brings a common framework to all ISO management systems. With the new standard structure in place, organisations should find it easier to incorporate their energy management system into core business processes and get more involvement from senior management.

This Standard require demonstration of continual energy performance improvement, but does not define levels of energy performance improvement to be achieved.

Link to Standard

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Commencement: 17th August 2018

Amends: The European Communities (Official Controls on the Import of Food of Non-Animal Origin for Pesticide Residues) Regulations 2011

Amendment

The definition of Commission Regulation 699/2009 is replaced in order to add reference to Commission Implementing Regulation (EU) 2018/941. This is a very minor change which has no impact on businesses.

The European Communities (Official Controls on the Import of Food of Non-Animal Origin for Pesticide Residues) (Amendment) Regulations 2018 is revoked by this Regulation. 

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Commencement: 12th August 2018

Amends: Commission Implementing Regulations (EU) 2017/2470 establishing the Union list of novel foods in accordance with Regulation (EU) 2015/2283 o the European Parliament and of the council on novel foods

Mini Summary

These Regulations establish the list of novel foods authorised in the European Union. It includes their conditions of use, labelling requirements and their specification.

Amendment

This Regulation replaces the Annex of Regulation (EU) 2017/2470 in order to consolidate amendments which have added authorised novel foods to the Union list and correct numerous technical errors such as typographic errors.

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Nordam Europe Limited, who maintain and repair aircraft components, have been fined £400,000 after 100 workers developed Hand Arm Vibration Syndrome (HAVS) over a period of 22 years. At least 30 workers were exposed to risk of significant harm. 

An investigation by the Health and Safety Executive (HSE) at its facility in Blackwood, Gwent found that workers used a range of hand-held vibrating tools including rivet guns, drills, grinders and orbital sanders. Nordam Europe should have carried out a suitable assessment of work activities which exposed employees to vibration and should have implemented additional controls to reduce exposure. However, the investigation found that the company failed in their duty to implement a safe system of work in order to control exposure to vibration. 

In addition, the company failed to provide workers with suitable health surveillance to identify HAVS symptoms at an early stage, which would have prevented the disease from progressing in to a disabling condition. 

Nordam Europe pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. It was fined £400,000 and ordered to pay costs of £39,620. 

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An updated version of international energy management standard ISO 50001 has now been published. This revision marks the second edition of the standard, since it was introduced 8 years ago.
 
Adopted by more than 20,000 organisations, ISO 50001 aims to help establish the systems and processes needed to continually improve energy performance – including energy efficiency, energy use, and energy consumption.
 
The updated document contains significant changes in relation to the standard’s structure and requirements. The key changes which have been made include:

• A high level structure featuring terms, headings, definitions and text common to all management system standards – this ensures a high level of compatibility with other management system standards, including ISO 9001:2015, ISO 14001:2015 and ISO 45001:2018
• Key concepts relating to energy performance are more clearly defined
• Increased focus on top management and leadership engagement during the implementation process
• Additional minor revisions reflecting seven years of using the standard in the real world

Link to BSI website.

The Health and Safety Executive (HSE) have updated EH40/2005 Workplace Exposure Limits. The latest version includes 31 new and revised Workplace Exposure Limits (WELs) introduced by the 4^th Indicative Occupation Exposure Limit Values Directive.

EH40 is the official reference document on WELs to be used alongside The Control of Substances Hazardous to Health (COSHH) Regulations 2002, as amended. The document guides those responsible for controlling exposure to hazardous substances at work.

Directive 2017/164 was implemented in Great Britain and Northern Ireland on 21^st August 2018. There were new entries added for the following substances:

• 2-ethylhexan-1-ol
• Acetic acid
• Acrylic acid
• Amitrole
• But-2-yne-1,4-diol
• Diacetyl
• Glycerol trinitrate
• Methyl formate
• Nitroethane
• Nitrogen dioxide
• Nitrogen monoxide
• Sulphur dioxide
• Hydrogenated terphenyl

Link to guidance.

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The Sentencing Council has published new Manslaughter Definitive Guidelines. Under the new guidelines employers or managers convicted of gross negligence manslaughter after a workplace fatality are likely to face longer prison sentences.
 
Manslaughter by gross negligence occurs when the offender is in breach of a duty of care towards the victim, the breach causes the death of the victim and, having regard to the risk involved, the offender’s conduct was so bad as to amount to a criminal act or omission.
 
In February 2016, the guidelines for health and safety offences and corporate manslaughter were introduced. The Manslaughter Definitive Guidelines will follow a similar step-by-step approach and addresses culpability, the sentencing range, and aggregating and mitigating factors.
 
The new guidelines will apply to sentences delivered in England and Wales on or after 1^st November 2018.
 
Culpability
The new guidelines set out four levels of culpability for those convicted: very high culpability; high culpability; medium culpability; and lower culpability.  
 
Several factors can indicate ‘high culpability’ including if there was a blatant disregard for a very high risk of death, if the negligent conduct was motivated by financial gain or avoidance of cost, or if they were the leader, where others contributed to the offence. ‘Very high culpability’ will include a combination of the above factors.
 
Factors for ‘lower culpability’ will include if the negligent conduct was a lapse on the offender’s otherwise satisfactory standard of care, or if the offender’s responsibility was substantially reduced by mental disorder, learning disability or lack of maturity.
 
Sentencing range
The benchmark prison sentences are set out in the table below.

Aggravating and mitigating factors
Aggravating factors include:

• if the offender ignored warnings about the risk;
• previous convictions; or
• actions after the event (including but not limited to attempts to cover up/ conceal evidence).

Mitigating factors include:

• attempts to assist the victim;
• remorse; or
• for reasons beyond the offender’s control, the offender lacked the necessary expertise, equipment, support or training which contributed to the negligent conduct.

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Commencement: 19th July 2018

Summary

This Act is intended to enable consumers in the United Kingdom to benefit from improvements in transport technology. It provides a framework for new regulations to be made to enable new transport technology to be invented, designed, made and used.

Part 1 of this Act relates to motor insurance for automated vehicles (i.e. vehicles that can drive themselves without human intervention) and determines liability where an accident caused by an automated vehicle occurs.

Part 2 of this Act relates to electric vehicle charging. It is intended to address incompatibility of charge points by requiring standard connectors for vehicles.

It also improves access to charge points by requiring that they are accessible without membership, certain information is made available on charge points and there is a common method of payment.

This Act set out duties for the Secretary of State and places no direct duties on businesses.

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Commencement: 24th July 2018

Amends: 

• Contracts for Difference (Allocation) Regulations 2014
• Contracts for Difference (Definition of Eligible Generator) Regulations 2014

Mini Summary
This Act sets out the legislative framework to ensure the UK generates enough secure, affordable and low-carbon energy to meet increasing demand. As well as cost and capacity issues, these forthcoming policies also consider the UK’s Climate Change Act 2008 commitments and legally-binding EU renewables targets. The Act introduces Contract for Difference, a key part of the Electricity Market Reform (EMR) programme.

Amendment

These Regulations amend The Contracts for Difference (Allocation) Regulations 2014 and The Contracts for Difference (Definition of Eligible Generator) Regulations 2014.

Amendment to the Contracts for Difference (Allocation) Regulations 2014
These Regulations insert a new subclass of eligible generating stations for which application for a Contract for Difference (CFD) may be made – a remote island wind CFD unit.

They also insert additional qualification requirements that a remote island wind CFD unit must satisfy in order to qualify for a CFD.

A remote island wind CFD unit is all or part of an generating station which generates energy using wind and is located on a remote island which is wholly in offshore waters.

Amendment to the Contracts for Difference (Definition of Eligible Generator) Regulations 2014
These Regulations remove the requirement for a combined heat and power generator to intend to accredit their project under the Combined Heat and Power Quality Assurance Programme (CHQPA).

Although the accreditation requirement has been removed, projects will still need to be accredited under CHPQA through the terms of their Contracts for Difference (CFD) contact.

These Regulations also make minor amendments to the definition of waste. The amended definition clarifies that substances will not constitute waste if they have been intentionally modified or contaminated to fall within the definition of waste.

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Commencement: 9th July 2018

Amends: 

• Directive 2010/31/EU on the energy performance of buildings
• Directive 2012/27/EU on energy efficiency

How to read EU Directives (for directives only)
European Directives are not directly enforceable on businesses in the UK. They create obligations for Member States to implement national legislation. However, they may frequently be of interest to businesses because they set the standards which national legislation seeks to implement. Furthermore, UK regulation often incorporates or makes direct reference to sections within the Directives, so you need to refer to the Directive as well as the national regulations to fully understand the duties. 

Amendment

Long-term renovation strategy
This Directive requires Member States to establish stronger long-term renovation strategies to support the renovation of existing national building stock into high energy efficient and decarbonised buildings by 2050.

Self-regulating devices
Member States must require new buildings, where technically and economically feasible, to be equipped with self-regulating devices e.g. thermostatic radiator valves for the separate regulation of the temperature in each room/heat zone of the building unit. In existing buildings, this requirement shall apply when heat generators are replaced. 

• the car park has more than 10 parking spaces;
• the car park is located inside or physically adjacent to the building; and
• the renovation measures include the car park or the electrical infrastructure of the buildings.

Inspection of heating systems
Member States must lay down measures to establish regular inspections of accessible parts of heating systems with an effective rated output over 70kW rather than the previous 20Kw.

Inspection of air-conditioning systems
Member States must lay down measures to establish regular inspections of accessible parts of air-conditioning systems with an effective rated output of more than 70kW rather than the previous 12 kW.

Building automation and control systems
Member States must lay down requirements to ensure that, where technically and economically feasible, non-residential buildings with an effective rated output for heating systems or systems for combined space heating and ventilation of over 290kW are equipped with building automation and control systems by 2025.

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