Legislation Update

Legislation Update – Timetable of changes:

February 2014

The Heavy Fuel Oil (Amendment) Regulations 2014

March 2014

Regulation (EU) No 649/2012 – concerning the export and import of hazardous chemicals was amended. This is commonly known as the PIC (Prior Informed Consent) Regulation.

April 2014

Health and Safety Law Poster – by April 2014 the newest version of the poster must be displayed (2009 version). In Northern Ireland the updated NI version of the poster should be displayed by June 2014.

The Health and Safety (Miscellaneous Repeals and Revocations) Regulations 2014 – Amendment to the Factories Act 1961 and Offices, Shops & Railway Premises Act 1963 and the revocation of a further 10 regulations associated with the Acts.

Later in 2014

The Deregulation Act 2014 – should come into force later in the year ensuring that national regulators such as the HSE, Environment Agency and Food Standards Agency, make their regulatory activities are as time and cost-efficient as possible with a duty to have ‘regard to economic growth’.

It also proposes to:

  • exempt the self-employed in low-risk occupations from health and safety legislation
  • exempt Sikhs from the wearing of safety helmets in all workplaces except when the work involves urgent response to riots, fires and other hazardous situations
  • amend the Employment Act 1989, substituting the word ‘workplace’ for ‘construction site’ and thereby broadening the scope of the exemption to all workplaces.

The Petroleum (Consolidation) Regulations 2014 – The HSE has been consulting on proposals to consolidate eight pieces of legislation on the storage of petroleum. The change would result in one single set of new regulations covering the storage of petrol.

ACoPs review – These Approved Codes of Practice (ACoPs) are scheduled for review in 2014, though they’re expected to be subject to only minor amendment or, in some cases, no change

  • Work equipment (ACOPs L22, L112, L114)
  • Lifting equipment (ACOP L113)
  • Confined spaces (ACOP L101)
  • Pressure systems (ACOP L122)
  • Diving (ACOPs L103 – 107)
  • Hazardous substances – pottery production (ACOP L60)
  • Hazardous substances – lead (ACOP L132)
  • Worker involvement (ACOP L146).

Revision of the Construction (Design and Management) Regulations and Approved Code of Practice – A radical overhaul of the CDM regulations is being consulted on with respondents given until 6 June 2014 to comments on the proposals. The planned changes would align the regulations with the minimum requirements of the Temporary & Mobile Construction Sites (TMCS) Directive. Industry specialists will be encouraged to develop sector specific guidance.

Proposed Acetylene Regulations 2014 and Proposed Explosives Regulations 2014 -The new Acetylene Regulations, planned for October 2014, would consolidate and clarify existing requirements and would be accompanied by new guidance.

The proposed new Explosives Regulations 2014, also expected to come into force in October 2014 will consolidate elements of one Act, ten pieces of secondary legislation and fifteen exemption certificates.

Proposed Mines Regulations 2014 – A consultation has begun on proposed new Mines Regulations 2014, to replace 33 substantive regulations/orders and a further 13 amending regulations. There will also be revised guidance which will replace 10 approved codes of practice. If approved, the regulations should be laid before parliament before the end of the year.

Proposed Genetically Modified Organisms (Contained Use) Regulations 2014 -The HSE has received a favourable response to its proposals to consolidate four sets of regulations into one, on the subject of GMOs.

Adventure activities licensing – It appears that plans to abolish the Adventure Activities Licensing Authority may only apply to England. No timetable has been issued.

Provision by Barbour