Environment law update: Health and safety at work 6

United Kingdom

COMAH

A study commissioned by HSE to evaluate its charging scheme, introduced in April 1999, for resolving queries and disputes under the Control of Major Accident Hazards (COMAH) procedure has been published. After consulting duty holders, trade organisations, trade unions and regulators on the financial and administrative arrangements of the scheme, it has now concluded that charging has not had any adverse effects on health and safety performance in the industries covered by COMAH. Although there was no impact on how policy and guidance were developed by the Competent Authorities, there were some concerns raised by duty holders on the need for clarity on what constitutes chargeable advice. In response, HSE has amended the charging guide for duty holders and guidance to inspectors. In the review of the reasonableness of HSE's charge-out rates, it was found that HSE rates were significantly lower than public and private sector rates.
(HSE, July 2002)

Reporting health and safety incidents

The HSE has issued a leaflet giving employers updated advice on how to report health and safety incidents under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR) (SI 1995 No 3163). These Regulations impose a legal duty on all employers to report work-related health and safety incidents including deaths, major injuries, incidents which could have resulted in a reportable injury, in addition to injuries to members of the public that require them to go to hospital. The incident contact centre (ICC), launched in April 2001, provides a single point for reporting such incidents for all employers in England, Scotland and Wales.
(HSE, September 2002)

Offshore installations

The Offshore Safety (Miscellaneous Amendments) Regulations 2002 (SI 2002 No 2175) came into force on 17 September 2002. They amend the Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995 (SI 1995 No 738) and are aimed at ensuring that all parts of an offshore installation are within the scope of appropriate health and safety legislation. The amendments are relatively minor but were required to ensure that the definition of an offshore installation is consistent in all legislation. The definition of an offshore installation has now been extended to include supplementary units, such as those providing power and other support facilities which can be powered by wind, wave or conventional means. The HSE has said that revised guidance on the impact of the amendment to the Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995 is due to be published in the coming months.
(SO, August 2002)

Ammonium nitrate

The HSC is proposing to amend the Notification of Installations Handling Hazardous Substances Regulations 1982 (SI 1982 No 1357) to lower the notification threshold for installations handling ammonium nitrate from 500 tonnes to 150 tonnes. The changes would affect some farmers, fertiliser manufacturers, importers, distributors, agricultural suppliers, ports and docks. The move is a response to an explosion in Toulouse, France killing 30 people that was caused by a smaller amount of ammonium nitrate than was previously thought to have the potential to cause a major incident. Responses to the consultation paper were required before 4 October 2002.
(HSE, July 2002)

Metalworking fluids

New guidance on good practice standards for reducing health risks to workers exposed to metalworking fluids has been made available. The main health concern associated with exposure to metalworking fluids, such as cutting oils and coolants, is dermatitis. Exposure to these fluids is also associated with respiratory effects, including bronchitis and asthma. The guidance shows the procedure to be followed in assessing and controlling exposure in order to improve standards and reduce cases of work-related ill health. The new guidance, developed with input from industry trade bodies representing fluid and machine suppliers, relevant trade union and employers' representatives is to be issued by the HSE at a series of seminars throughout October and November 2002.
(HSE Press Release, 24 July 2002)

Solvents

Advice for hazard assessment for the use of the solvent n-Propyl bromide has been published by HSE. The compound provides a possible substitute for trichloroethylene in metal degreasing operations in the engineering industry. The advice is aimed at employers, suppliers and users to assess the risks to health and is intended primarily for technical personnel, particularly specialists in occupational health and hygiene. The potential adverse health effects of n-Propyl bromide include damage to the nervous system, fertility and skin irritation. It is concluded that on the basis of current information, it is not possible to specify a particular level of inhalation exposure to n-propyl bromide below which no adverse health effects would be predicted to occur. It also states that there are still uncertainties as to whether it can cause cancer.
(HSE, July 2002)

For further information please contact Paul Sheridan on +44 (0)20 7367 2186 or at [email protected]