Health and safety: the state of play

HSB's new state-of-play table reviews all HSC/E activity and other important developments in the period from 15 June 2001 to 17 May 2002. The table also reports on the latest position on legislative proposals, and provides readers with an early warning of important or likely developments in health and safety.

The past 11 months have seen little new legislation implemented. The HSE has, however, been engaged in many consultation exercises, and these should result in new sets of Regulations over the next year. The HSE has also continued apace with its implementation of the Government and HSC's strategy for Revitalising health and safety. Although many of these initiatives do not involve legislation, they are significant for workplace health and safety. Progress, too, has been made on the implementation of the 10-year occupational health strategy.

There has, however, been little progress on the Government's two most important proposals for health and safety legislation. Ministers still claim they intend producing a Safety at Work Bill, but they do not appear to share the enthusiasm of their predecessors, Michael Meacher and John Prescott. Although the Bill was flagged up in the 2000 Queen's Speech, it failed to appear in the legislative programme or the next Speech, and remains the victim of the mother of all excuses, "subject to sufficient parliamentary time being found".

The Home Office touts the same excuse for failing to produce a Bill to implement a longstanding proposal for a new corporate killing offence. The Government will find it difficult to ignore this Bill, because it was a 2001 Labour election manifesto commitment. HSE and Home Office officials, however, are not optimistic that either Bill will appear in the November 2002 Queen's Speech.

Things past . . .

The past 11 months have seen:

a revised HSE enforcement policy statement;

new HSE guidance for directors;

revised HSE advice to call centres;

a report on the number of large companies that include health and safety information in their annual reports;

revised HSE guidance on upper-limb disorders;

new HSE guidance for managers, and advice for employees, on stress;

the announcement of eight priority sectors and issues in the HSC's latest strategic plan of work;

the launch of an electronic version of COSHH essentials;

the publication of an HSE discussion document on workplace transport accidents;

completion of an independent review of the HSE's charging regime for major hazard sites;

a revised ACoP on the Construction (Design and Management) Regulations 1994;

the launch of a "ready reckoner" to help small firms calculate the costs of accidents and ill health; and

significant activity on the railways in the light of the Cullen report on Ladbroke Grove.

The period has seen key legal rulings and cases, including:

new Court of Appeal guidelines for claims for work-related stress damages;

a House of Lords ruling on compensation for mesothelioma victims;

seventeen health and safety fines of £100,000 or more, including three over £500,000; and

six prison sentences for work-related offences under manslaughter law and the HSW Act

. . . things to come

Highlights for the second half of 2002 should include:

near completion of the implementation of the chemical agents Directive, with new COSHH, lead and asbestos Regulations scheduled to come into force in September, with the safety aspects not far behind;

a new Approved Code of Practice on occupational asthma linked to the COSHH Regulations 2002;

new Regulations in September on the management of asbestos in buildings;

new Regulations removing the civil liability exclusion from the Management of Health and Safety at Work Regulations 1999;

summer amendments to eight sets of Regulations implementing European Directives (including those on display screen equipment and the workplace);

summer consultation on harmonising Regulations on safety representatives and employee consultation; and

the HSC/E's proposals in May for implementing the recommendations of a Government task force report on work-related driving.

Into 2003:

a simplified fire regime should be in place by late 2003;

the HSC should introduce a duty on employers to investigate all reportable injuries, illnesses and incidents;

the Lord Chancellor's department should consult again on proposals for allowing the NHS to recoup from negligent employers its costs in treating the victims of work-related injuries;

there should be progress on proposed major changes to the process of setting occupational exposure limits; and

there may be developments in the HSE's attempts to introduce an ACoP on passive smoking at work.

The HSE is also likely to be consulting on the implementation of longstanding proposals for European Directives. Recent months have seen:

the adoption of a Directive on falls from heights;

completion of the legislative package extending the working time Directive to excluded sectors;

the imminent adoption - in late May - of a Directive on mechanical vibration;

a common position on a new noise Directive;

publication of a draft asbestos Directive;

limited progress on a proposal to ensure that fines imposed on a company in one member state are enforced in the state where the company is registered; and

publication of a new five-year European Commission strategy for health and safety.

STATE-OF-PLAY TABLE

SUBJECT	PROGRESS AND COMMENTS
Accidents	see also HSC/E
2000/01 statistics	The number of workers killed in Britain in the year to April 2001 was 34% higher than in the previous year. The rise, from 220 to 295 deaths, represented an increase in the fatal injury rate from 0.8 to 1.1 per 100,000 workers. Over the same period, the provisional numbers of reported non-fatal major injuries to workers fell by 4.7%, from 29,315 to 27,935 employees, with the over-three-day injury total falling by 1.7%. Safety statistics bulletin 2000/01, C65, free;¹ Health and safety statistics 2000/01, ISBN 0 7176 2110 3, £17.50¹ or www.hse.gov.uk/statistics/hss0001.pdf.
Investigation	Consultation closed on 3 September 2001 on HSC proposals to place a duty on all organisations to investigate and record RIDDOR-reportable injuries, ill health and near misses (Learning lessons from the investigation of "accidents"). Proposals for a new duty to investigate accidents, dangerous occurrences and diseases, free.¹ The proposals follow a 1999 HSE discussion document, to which the HSE received 684 responses, with a majority broadly in favour of a new duty. The HSE is analysing the responses to the condoc, and the HSC will consider the findings later this summer with a view to advising ministers on the way forward. The HSE also published the research it quoted in its consultation document: Accident investigation - the drivers, methods and outcomes, CRR 344/2001, £25.¹
Agriculture	see also Pesticides
Enforcement	In January 2002, the HSE resumed its programme of agriculture safety awareness days; the foot and mouth outbreak postponed the programme for most of 2001. Details:²
Fatalities	Provisional figures showed 53 people were killed in agricultural incidents in the year to April 2001 - nine more than the previous year.¹
E.coli	The HSE warned farmers about the exposure of visitors to Escherichia coli O157 (E.coli O157). Advice: Avoiding ill health at open farms (rev), Agriculture Information Sheet no.23, free.¹ Related task force report: www.foodstandards.gov.uk.
Risk assessment	The Government gave the HSE £90,000 from the Invest to Save Budget (ISB) scheme to develop an electronic means for farmers to carry out their own risk assessments.²
Published	Back on the farm, (manual handling), ISBN 0 7176 1866 8, £25;¹ Fatal traction, HSE, National Agricultural Centre, Stoneleigh, Warwickshire CV8 2LZ, or fax: 02476 696542; Symptom-reporting following occupational exposure to organophosphate pesticides in sheep dip, CRR 371/2001, £10;¹ Whole-body vibration: initial evaluation of emissions originating from modern agricultural tractors, CRR 413/2002, ISBN 0 7176 2276 2, £20;¹ Risk perception leading to risk taking behaviour amongst farmers in England and Wales, CRR 404/2002, ISBN 0 7176 2251 7, £20.¹
Asbestos
Proposed Directive	On 7 March 2002 at the social affairs Council, EU ministers "took note" of progress on a proposed Directive to tighten the controls on asbestos at work. Although UK law already covers much of the proposal, the Directive would remove "reasonable practicability" from the Regulations and reduce the exposure limit for chrysotile (EU proposes cutting "reasonably practicable" from asbestos regs). The EU Committee of Permanent Representatives is currently working on the proposal, following the opinion of the European Parliament which, along with the European Economic and Social Committee, voted to lower the proposed chrysotile limit still further (Committees urge MEPs to toughen asbestos Directive). The European Commission issued the proposal on 20 July 2001. The HSE broadly supports the proposal in its unamended form. Proposal for a Directive of the European Parliament and of the Council amending Council Directive 83/477/EEC on the protection of workers from risks related to exposure to asbestos at work, COM(2001)417 final.¹³
Management	Consultation closed on 19 February 2002 on a second HSC consultation on its proposal for a new duty to manage the risk from asbestos in premises. The revisions reflected responses to the June 2000 consultation document (CD 159¹). The main change is a widened definition of "duty holder". The proposals would also implement the asbestos aspects of the European Union's chemical agents Directive (Chemicals: HSC takes CLAW to COSSH, see Chemicals etc (Chemical agents Directive) below). The HSE is currently refining the Regulations and Approved Code of Practice (ACoP) to take account of comments made during consultation, particularly to make clear who will be the duty holder. The amended and consolidated Regulations will be made by mid-September 2002 and the new ACoP published at the same time. The new duty to manage asbestos will have an 18-month lead-in time, coming into force in March 2004. Revised proposals for amendments to the Control of Asbestos at Work Regulations and a new supporting ACoP, CD 176, free.¹. The HSE responded to media reports that white asbestos (chrysotile) is harmless by insisting that it is a major health hazard. As such, chrysotile will be included in the Regulations. HSE position statement on the risks from white asbestos, free.²
ACoPs	Consultation closed on 22 May 2002 on HSC proposals to revise the two asbestos Approved Codes of Practice (ACoPs L27 and L28). The HSE intends to publish the revised ACoPs by October 2002. The proposed revisions reflect changes to the Control of Asbestos at Work Regulations (CAW) and partial implementation of the chemical agents Directive (see Chemicals etc (Chemical agents Directive) below). Proposals for amendments to the existing two ACoPs which support the CAW Regulations, CD 181, free.¹
Compensation	On 16 May 2002, the House of Lords overturned a Court of Appeal ruling that would have made it all but impossible for workers suffering from mesothelioma to recover compensation if they were exposed to asbestos by more than one employer (see House of Lords averts major asbestos "injustice"). The Government extended benefit under the Pneumoconiosis (Workers' Compensation) Act 1979 to those affected by the ruling as an interim measure, although payments would be limited. Fairchild v Glenhaven Funeral Services Ltd and others, [2001] EWCA 1881, Court of Appeal, Civil Division, B3/01/038211, 11 December 2001 (Mesothelioma ruling reveals a "major injustice").
Published	Surveying, sampling and assessment of asbestos-containing materials, MDHS 100, ISBN 0 7176 2076 X, £18 (EU proposes cutting "reasonably practicable" from asbestos regs).¹
Call centres
Guidance	The HSE revised its advice on call centres to inspectors and employers, following an in-depth study of working practices. The main additions and changes to the 1999 guidance cover verbal abuse, stress, lengths and frequencies of breaks and possible hearing hazards. The HSE will publish an analysis of the study in summer 2002. Advice regarding call centre working practices, Local authority circular 94/1 (rev), HSE local authority unit⁴, or www.hse.gov.uk/lau (Safe and healthy call centres).
Chemicals etc	see also Asbestos, Major hazards
Chemical agents Directive	Consultation closed on 21 January 2002 on HSC proposals to replace the Control of Substances Hazardous to Health Regulations (COSHH) and Control of Lead at Work Regulations (Chemicals: HSC takes CLAW to COSSH). The proposals would implement the health requirements of the 1998 chemical agents Directive that are not already covered in UK legislation. The HSE is still considering the responses to consultation and deciding what changes might be made to the draft Regulations and ACoPs. The HSE will report the outcome of the consultation, together with a revised implementation package, to the HSC on 16 July 2002. If the HSC approves the draft Regulations, and subject to Ministerial approval, the HSE will aim to lay the new COSHH and CLAW Regulations before parliament by 31 August 2002, coming into force 21 days later. The condoc proposed prescriptive duties on employers for carrying out assessments, preventing or controlling exposure, monitoring exposure, placing employees under health surveillance and providing information, instruction and training. The consultative document contains revised versions of Approved Codes of Practice (ACoP) on COSHH (general), carcinogens, vinyl chloride, biological agents and lead. Proposals for implementing the chemical agents Directive (98/24/EC) with new COSHH Regulations and CLAW Regulations, CD 173, free.¹ The implementation of the safety aspects of the Directive was covered in a February 2002 consultative document (CD 180)¹. This proposed new Dangerous Substances and Explosive Atmospheres Regulations (DSEA), which would require employers to carry out a risk assessment and eliminate or reduce the risk in relevant circumstances. The Regulations are due to come into force in summer 2002 and would also implement the explosive atmospheres Directive (ATEX 137). The HSC issued two further consultative documents linked to the proposed DSEA Regulations,¹ on flammable and explosive substances, and the first phase of the modernisation of petrol legislation. Consultation closed on all three documents on 20 May 2002. See Asbestos above for implementation of the asbestos aspects of the Directive (CD 159).
OEL reforms	The HSC published a discussion document suggesting major changes to the process of setting occupational exposure limits (OELs) and for linking them to good practice (Rethinking the limits). Comments should reach Sarah Wassell by 31 July 2002 at HSE, Health Directorate,⁴ or email: CRAU@hse.gsi.gov.uk. The HSC intends issuing a consultative document in 2003 and amending the COSHH regime in 2004. Occupational Exposure Limits (OEL) framework, DDE 19, free.¹ Consultation will close on 7 June 2002 on 10 proposed changes to the lists of occupational exposure limits. The proposals are due to come into force on the publication of EH40: Occupational exposure limits early in 2003. Control of Substances Hazardous to Health Regulations 1999: proposals for maximum exposure limits and occupational exposure standards, CD 182, free.¹
COSHH essentials	The HSE launched a free, internet-based version of COSHH essentials on 30 April 2002 (Rethinking the limits). First published as a priced, paper-based package in 1999 for small and medium-sized enterprises, the electronic version was developed for the HSE by Butterworths Tolley, publishers of HSB. Website: www.coshh-essentials.org.uk.
IOELV Directives	The HSC implemented the first Indicative Occupational Exposure Limit Value (IOELV) Directive on 31 December 2001. The Directive requires member states to have national limits in place by this date. Maximum Exposure Limits (MELs) and Occupational Exposure Standards (OESs) for the Directive's 63 substances are included in tables 1 and 2 of EH40/2002: Occupational exposure limits. Before new Occupational Exposure Limits (OELs) are adopted in Britain, the HSC consults interested parties on the HSE's interpretation of the scientific and technical information on which the recommendations for limits by the Advisory Committee on Toxic Substances (ACTS) to the HSC are based. The first IOELV Directive was consulted on via four consultative documents: CD 156/00; CD 157/00; CD 166/01; and CD 168/01.¹ A second IOELV Directive is currently in the process of being agreed. The original text covered a further 26 substances, but adoption is on hold, pending the inclusion of additional substances into the Directive. The Luxembourg Advisory Committee (a tripartite advisory committee of the European Union (EU) Commission on hygiene, health and safety issues, responsible for discussing and agreeing opinions on any health and safety policy proposals that the Commission puts forward) last discussed the proposals in May 2001. There are no details available yet as to when member states will vote on the proposals. Details: www.hse.gov.uk/hthdir/2ioelv.htm.
Lead	Consultation closed on 21 January 2002 on HSC proposals to replace the Control of Lead at Work Regulations (see Chemical agents Directive above and Chemicals: HSC takes CLAW to COSSH). There was "an appreciable fall" in 2000/01 in the number of workers under blood-lead level surveillance. Exposure to lead at work: blood lead levels of workers exposed to lead at work in Great Britain, 1996/97 to 2000/01, www.hse.gov.uk/statistics/2002/leadkf.pdf.
Dangerous substances	Consultation closed on 11 December 2001 on the HSC's proposed extensive changes to the classification and labelling of dangerous chemicals to ensure people at work and home are properly informed about the dangers of chemicals to their health and the environment. Proposals for new amending Regulations about the classification, packaging and labelling of chemicals: CHIP 3, CD 171, free.¹ The HSC also published proposals to implement the 28th adaptation to technical progress (ATP) of the dangerous substances Directive. The Directive must be implemented by 30 July 2002. Proposals for new amending Regulations for the Notification of New Substances: NONS 2001, CD 178, free.¹ The 28th ATP was published in the Official Journal of the European Communities (L225/21.8.01).¹³ The HSE plans to implement the adaptation through CHIP 3 when it implements the dangerous preparations Directive (1994/45/EC) and by amending the NONS Regulations to implement the reduced test package for intermediates. Both sets of Regulations are being finalised, with CHIP 3 due to be published in June 2002 and NONS in July 2002.
Asthma	The HSC announced on 10 October 2001 that it will produce an ACoP on the control of occupational asthma. The ACoP will appear in summer or autumn 2002 as an annex to the Control of Substances Hazardous to Health Regulations 2002. The HSC received 106 responses to its November 2000 consultation document: Proposals for reducing the incidence of occupational asthma, including an ACoP: Control of substances that cause occupational asthma, CD 164, free¹ or: www.hse.gov.uk/condocs/cd164.htm/closed. Consultation closed on 16 February 2001. The HSC set a 30% reduction target in the incidence of asthma caused by substances at work by 2010.² Consultation closed on 18 May 2001 on HSC proposals for the introduction of a maximum exposure limit (MEL) for piperazine and piperazine dihydrochloride, and the withdrawal of the occupational exposure standard for piperazine dihydrochloride. Both chemicals are considered to have asthmagenic properties. Details: www.hse.gov.uk/condocs/cd168.pdf. The HSE is currently analysing the responses.
Published	Cancer among current and former workers at National Semiconductor (UK) Ltd, Greenock: results of an investigation by the HSE, ISBN 0 7176 2144 8 £7.50,¹ or www.hse.gov.uk/statistics/nsukrept.pdf (Cancer: Semiconductor work linked to cancer); Controlling exposure to disinfectants used in the food and drink industries, Food information sheet no.29, free;¹ The management, design and operation of microbiological containment laboratories, ISBN 0 7176 20344, £9.50¹ (a complementary training video is also available⁶); Reactpool: a new model for accidental releases of water reactive chemicals, CRR 331/2001, ISBN 0 7176 1995 8, £10;¹ A series of experiments to study the spreading of liquid pools with different bund arrangements, CRR 405/2002, ISBN 0 7176 2255 X, £20;¹ Surface cleaning: solvent update including the reclassification of trichloroethylene, Engineering Information Sheet no.34;¹ A model for jet dispersion in a congested environment, CRR 396/2001, ISBN 0 7176 2234 7, £20;¹ Flashing liquid jets and two-phase dispersion - a review, CRR 403/2001, ISBN 0 7176 2250 9, £15;¹ Calculation of input data importances for toxic release risk assessments: Gastar and Crunch, CRR 338/2001, ISBN 0 7176 2013 1 £20;¹ CFD simulation and detailed chemical modelling of alkane autoignition near a heated metal surface, CRR 352/2001, ISBN 0 7176 2051 4 £20;¹ and The validity and interpretation of neurobehavioural data obtained in studies to investigate the neurotoxic effects of occupational exposure to mixtures of organic solvents, CRR 355/2001, ISBN 0 7176 2060 3, £20.¹
Compensation	see also Asbestos, Stress
Unions	The TUC reported that 41,252 personal injury claims taken by unions reached settlement in 2001, totalling £321 million compensation. Focus on services for union victims, TUC, tel: 020 7467 1294, £10.¹¹
Computers
Software	The HSE proposed issuing guidance on good practice in the use of software packages in safety-related systems. To facilitate the process, the HSE asked for comments on two studies by 27 July 2001: Methods for assessing the safety integrity of safety-related software of uncertain pedigree (SOUP), CRR 337/2001, ISBN 0 7176 2011 5, £10¹ and Justifying the use of software of uncertain pedigree (SOUP) in safety-related applications, CRR336/2001, ISBN 0 7176 2010 7, £20¹ or www.hse.gov.uk/research/frameset/crr/index.htm. The HSE says it received a "disappointingly small number of comments" and is still open to responses. The proposed guidance remains in draft form, and will be developed for compatibility with guidance on other software topics. As soon as the drafts are ready for consultation, the normal public consultation process will be followed.
Internet	Research carried out for the HSE found little evidence that adequate consideration has been given to the security and stability of the technology that allows connection of manufacturing and control systems to the internet. Safety implications of industrial uses of internet technology, CRR 408/2002, ISBN 0 7176 2268 1, £10¹ or www.hse.gov.uk/research/crr_pdf/2002/crr02408.pdf.
Published	Developing advisory software to comply with IEC-61508, CRR 419/2002, ISBN 0 7176 2304 1, £10,¹ or free at: www.hse.gov.uk/research/crr_pdf/2002/crr02419.pdf.
Construction
Enforcement	The HSE launched a new national construction division on 8 April 2002 that, for the first time, allows the chief inspector to deploy directly the HSE's construction resource. The reorganisation accompanies some changes in enforcement "emphasis", including targeting more interventions at clients and designers.²
Action plans	On 18 October 2001, the HSC hosted a major construction conference reviewing progress in delivering the industry's 10 action plans agreed at the "last chance" February 2001 construction safety summit called by Deputy Prime Minister John Prescott. In February 2002, the HSE marked the first anniversary of the summit by reporting to Government ministers on the industry's progress towards meeting the action plans. The HSE notes that the industry has made progress towards achieving a fully qualified workforce, a single-card registration scheme with mutual recognition of other existing schemes, and adequate workforce involvement, but that it is too early to judge whether the effort is producing lasting results. Progress with implementation of the Construction Summit action plans, www.hse.gov.uk or www.wwt.uk.com. The report will feed into a forthcoming discussion document (see below).²
CDM Regulations	On 1 February 2002, a revised ACoP and guidance on the Construction (Design and Management) Regulations 1994 (CDM) came into force. The HSC received 360 responses to its 2000 consultation document (CD 161, free, www.hse.gov.uk/condocs/cd161.htp. The main changes are: a greater emphasis on the management of health and safety throughout the life of a project; clarification of the duties of clients and designers; and inclusion of the Management of Health and Safety at Work Regulations 1999. Managing health and safety in construction, ISBN 0 7176 2139 1, £9.50.¹ The HSE plans to publish a discussion document in autumn 2002 to stimulate discussion about what needs to change to achieve a "stepchange" in construction health and safety and how, working together with the industry, it can achieve those changes. The document will focus on cultural and business levers, rather than legislative changes, although it will invite evidence and comments about what works well and what needs to be changed in the CDM and Construction (Health, Safety and Welfare) Regulations 1996 (CHSW). In 2003, the HSC plans to publish a consultative document suggesting a way forward for CDM and CHSW in the light of those comments. The HSE aims to complete that review so that any changes can be implemented at the same time as changes to CHSW that follow from the temporary work at height Directive, which has to be implemented by July 2004.
Directive	On 27 June 2001, the European Council adopted a Directive to reduce the risks of falls from height. Implementation is required three years after adoption and the HSE reports much informal activity, including discussions with industry representatives on how it might implement the Directive. The HSE hopes to submit a paper to the HSC in June 2002 and issue a consultative document later this year. Ministers adopted a common position on the Directive on 23 March 2001. The European Parliament had given a successful first reading to the proposal on 21 September 2000 and a second reading on 14 June 2001, and Ministers had reached political agreement on 17 October 2000. The European Commission published a revised proposal in February 2001 (OJ C62/27.2.01)¹³. Directive 2001/45/EC of the European Parliament and of the Council of 27 June 2001 amending Council Directive 89/655/EEC concerning the minimum health and safety requirements for the use of work equipment by workers at work (second individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC),OJ L195/19.7.2001¹³.
Small firms	Research carried out for the HSE confirmed that the majority of construction deaths occur on smaller sites, although there is no specific association with time of day, age or geographic region. The project's second phase will look at the influences on incidents in detail. Improving health and safety in construction: Phase 1: Data collection, review and structuring, ISBN 0 7176 2140 5, £35.¹ The HSE targeted small employers and the self-employed in a major advertising campaign on construction safety.² Related advice: The absolutely essential health and safety toolkit for the smaller construction contractor, INDG 344, tel: 08457 181819, free; packs of five, ISBN 0 7176 2103 0, £5.¹
Working well together	The HSE's Working Well Together campaign bus continues to tour the UK. The campaign was launched in 1999 and aims to improve construction companies' health and safety commitment, competence, communication and cooperation. The HSE plans a further tour in summer 2002 to Scotland, north England and north Wales. Since 1999, more than 12,000 workers have signed up to the campaign. The tour provides workers with information packs on how to stay healthy and safe at work, and test their safety awareness with competitions. Details: wwt.uk.com, tel: 0845 2727500.
Blitz	HSE inspectors served prohibition notices on half of the 223 London construction sites they visited in a spring blitz at the end of April. The blitz was the first in a year-long national initiative planned by HSE's new Construction Division.
Tunnelling	The HSE issued new approved procedures on decompression for tunnelling workers operating in raised atmospheric pressure. Details: Donald Lamont, HSE, tel: 0151 951 4818, email: donald.lamont@hse.gsi.gov.uk.
Published	Health and safety in construction, HSG 150, ISBN 0 7176 2106 5, £9.95;¹ Identification and management of risk in undergraduate construction courses, CRR 392/2001, ISBN 07176 2148 0, £15;¹ Inspection of energy absorbing lanyards made from webbing or rope, HSE inspectors' operational circular 282/29, free, tel: 0161 952 8404, and Issues surrounding the failure of an energy absorbing lanyard, specialist inspector report no.59, £20¹ or free at www.hse.gov.uk/pubns/sir59.pdf.
Cost-benefit analysis
Ready reckoner	On 23 April 2002, the HSC launched its "ready reckoner" tool for helping small and medium-sized enterprises calculate their own costs of work-related ill health and injuries (see The "ready reckoner"). Website: www.hse.gov.uk/costs; Reduce risks - cut costs: the real costs of accidents and ill health at work, leaflet, free.¹
NHS costs	Two-and-a-half years after recommending that the NHS should be entitled to recoup from negligent employers its expenditure on treating victims of work-related injuries, the Law Commission has finally received a Government response. The Lord Chancellor's Department has now decided to reconsult on the report, along with other reports on damages published around the same time. The department is currently consulting informally with other government departments. Damages for personal injury: medical, nursing and other expenses; collateral benefits, no.262 Law Commission, November 1999, www.open.gov.uk/lawcomm/.
Electricity	see also HSC/E, Mines
Enron explosion	The HSE has submitted to the Coroner the report of its investigation into an electrical transformer explosion on 8 August 2001 at the Teesside Power Station operated by Enron Power Operations Ltd. The explosion killed three employees; a fourth suffered serious burns. The HSE will publish its report and consider criminal proceedings after the coroner's inquests, for which no dates have yet been set.²
Heaters	The HSE warned electricians and engineers about the dangers of electric storage heaters, following the collapse of a prosecution of an electrician for carbon monoxide poisoning.
Enforcement	see also Construction, HSC/E, Manslaughter, Transport - roads
HSE policy	The HSC published in February 2002 the revised version of its Enforcement policy statement, HSC15¹ or www.hse.gov.uk/pubns/hsc15.pdf (Enforcement: HSC strengthens investigation and prosecution policy). Consultation, which closed on 6 October 2000, resulted in 81 responses. The statement sets out, for the first time, specific criteria to help inspectors decide when to investigate and prosecute.
Directors	In July 2001, the HSC issued guidance to help directors manage health and safety risks (Directors take safety on board). The guidance includes the recommendation that organisations appoint a named director for health and safety. The text barely changed from that consulted on in January 2001 (HSC targets directors). The HSE received 462 responses, and 12,000 hits on its website, to the consultative document. Consultation closed in March 2001; 85% of comments supported the guidance as drafted (HSC targets directors). Directors' responsibilities for health and safety, INDG343, www.hse.gov.uk/pubns/indg343.pdf, or ISBN 0 7176 2080 8, free.¹ On 19 September 2001, Leeds Crown Court set a legal precedent when it ordered two directors of a firework company to pay fines and costs of more than £100,000. The conviction of John Mather and Nigel Jackson is unique in that it is the first time that individual directors have been convicted of offences by virtue of s.37 of the HSW Act without the company being convicted of the same offence (Blast convictions may set legal precedent).
Safety Bill	No progress is expected on the much-touted Safety at Work Bill until the 2002 Queen's Speech - at the earliest. The Government confirmed that it remains committed to introducing the Bill, but will not say when. Although the Government announced the Bill in the December 2000 Queen's Speech, it failed subsequently even to publish a text or to include it in the 2001 Queen's Speech. The wide-ranging Bill will increase the penalties available to magistrates for health and safety offences and implement recommendations from Revitalising health and safety. In particular, it will: remove Crown Immunity from statutory enforcement; improve standards of health and safety in the workplace; implement the recommendations of Lord Cullen's review of rail safety (which was trailed in the 2001 Queen's Speech); tackle alcohol and drug use by safety-critical personnel in civil aviation and shipping; and set a framework for delivery of the Government's commitments on road safety.
Fines	Notable fines in the period covered by the table included: Yarm Road Ltd and Costain Ltd (£1,025,000 fines and costs, split equally; BP Grangemouth Oil Refinery Ltd (£750,000 fine, Prosecutions: BP fined £1 million for "gross dereliction"); Fresha Bakeries Ltd, Harvestime Ltd and two directors and a senior manager (£628,000 fines and costs, Bakery and directors must pay £628,000 after two killed in "ghastly" oven tragedy); Thamesway Homes Ltd (£350,000 fine); London Borough of Hammersmith and Fulham (£350,000 fine, Carbon monoxide: Council is fined £350,000); Corus UK Ltd (£300,000 fine, Corus fined £300,000 for explosion); BP Chemicals Ltd (£250,000, Prosecutions: BP fined £1 million for "gross dereliction"); Klargester Environmental (£250,000 fines); Avon Lippiatt Hobbs (Contracting) Ltd (£250,000 fines, Gas: Firm fined £250k for Abercynon explosion); Amoco (UK) Exploration Company (£204,000 fines and costs); Mayer Parry (Recycling) Ltd (£200,000 fine, Court fines scrap merchant £220k); Costain Ltd (£200,000 fine, Company fined £200,000 for fatal crash); SDC Builders Ltd (£160,000 fines and costs); Smurfit UK Ltd (£100,000 fine, Smurfit fined £100,000 over death of a paper worker); Leggett Freightways Ltd (£100,000 fine, see Workplace transport: Leggett Freightways fined for second HGV incident). See Sentencing safety criminals for a major review of the impact of the four Court of Appeal cases on sentencing safety criminals. The HSE also published its second "name and shame" report: Offences and penalties report 2000/01, HSE website: www.hse.gov.uk, free.
Foreign companies	In early 2002, the European Parliament backed an initiative to force companies to pay any fines and costs that are imposed in a member state that is not their country of registration. No progress has been made since. The initiative, led by the UK, France and Sweden, would establish mutual recognition of legal judgements within the EU Enforcement: Foreign firms may be forced to pay fines. The idea was first mooted at a meeting on 1 December 2000, when the European Council on Justice and Home Affairs made progress towards agreeing a convention. The move followed pressure from the UK Government after the HSE revealed as slender any chance that the Swedish designers and installation contractors, Fartygsentreprenader AB and Fartygskonstructioner AB, would pay the £1.25million fine and costs imposed after their 1997 conviction for the Port Ramsgate walkway collapse. A similar situation exists with the fine imposed on Geoconsult ZT GmBH of Salzburg, Austria after the Heathrow Tunnel collapse.
FOD	The HSE's Field Operations Directorate, which covers construction, agriculture, services and manufacturing, refocused its inspection priorities at the start of April 2002 (see Enforcement: Inspection changes at HSE).
EU	see also Asbestos, Chemicals, Construction, Enforcement, Noise, Vibration, Working time
EU strategy	The European Commission published its "strategy" for improving health and safety in the Union over the next five years. It contains few concrete legislative proposals (Commission unveils safety strategy). Adapting to change in work and society: a new Community strategy on health and safety at work 2002-2006, Commission of the European Communities, 11 March 2002, COM(2002)118 final.¹³
Directives	The European Council of Ministers adopted Directives on falls from height and working time in the transport sector. It reached common position on proposed Directives on noise and vibration, and made progress on proposed Directives on asbestos and exposure values. Details are provided in this table by subject.
Working conditions	The Third European Survey on working conditions revealed that overall working conditions in the EU had not improved in the decade to 2000. European Foundation for the Improvement of Living and Working Conditions, tel: +353 1 204 3100, e-mail: postmaster@eurofound.ie.
Explosives
Legislation	Consultation closes on 10 June 2002 on HSC proposals to change the law governing the safe manufacture and storage of explosives. The move follows a major review of explosives legislation, which recommended the replacement of the Explosives Act 1875 with new Regulations, an Approved Code of Practice and guidance. The condoc also included proposals arising from the HSE's analysis of responses from over 50 organisations to its 1999 discussion document (DDE13) on the extent to which local authorities should deal with explosives safety issues. Proposals for new Regulations on the manufacture and storage of explosives, CD 174,¹ or www.hse.gov.uk/condocs/CD174.
Published	Is it explosive? Dangers of explosives in metal recycling, INDG335, free, packs of 10 leaflets, ISBN 0 7176 1935 4, £5.¹
Fire	see also MHSW Regulations 1999
Legislation	The Government announced that it intends to have a unified and simplified fire safety regime in place by mid- to late 2003 (New fire safety regime is set for 2003). Public consultation is scheduled for the middle of this year. The complexity of the fire safety regime - which includes 120 pieces of legislation - has vexed governments since the early 1990s. It has been the subject of a Home Office review in 1993, an interdepartmental review in 1994 and a Home Office consultative document in 1997 (which received 500 responses). All agreed that things had to change. During that period, an already difficult situation was exacerbated by the implementation of European Directives, which resulted in parallel and sometimes conflicting fire safety regimes (Workplace legislation onfire precautions). A Home Office working party started in 2000 to develop a coherent regime. The party was working to the Fire Safety Advisory Board, which is a constituent member of the Central Fire Brigades Advisory Council. Following the General Election, responsibility for workplace fire safety was transferred to the Department for Transport, Local Government and the Regions (DTLR), which is also the HSC/E's sponsoring department. The DTLR proposals, which will be based on the working party's recommendations, will use an order under the Regulatory Reform Act "to simplify, rationalise and consolidate" 120 pieces of existing fire safety legislation. (A Bill, as primary legislation, would have to find a major space in the always-crowded parliamentary timetable, whereas an Order can be made far more quickly.) The order will result in a single, simple regime applying to all buildings that the public might use. Importantly for health and safety professionals, the Government's report on regulatory reform confirms that "the regime will be based on a modern, risk assessment approach that will be more in line with health and safety legislation and will provide for greater emphasis on fire prevention. It will also allow for more efficient and effective enforcement by the fire service".
First aid	see also Legislation
Resuscitation	The HSE revised and redesigned its Basic advice on first aid at work poster and leaflet to reflect recommendations on first-aid practice from the Resuscitation Council. Leaflet, INDG347, free,¹ or www.hse.gov.uk/pubns/indg347.pdf, packs of 20, ISBN 0 7176 2261 4;¹ poster, ISBN 0 7176 2263 0, £12.50 (rigid)¹ or ISBN 0 7176 2265 7, £7.50 (encapsulated).¹
Practice	First aiders using Resusci-Annie mannequins have reported allergic reactions, probably related to the disinfectants used to clean the mannequins. Details: www.jiscmail.ac.uk/cgi-bin/wa.exe.
Published	Electric shock: first aid procedures, poster, ISBN 0 7176 2262 2, £12.50 (rigid)¹ and ISBN 0 7176 2264 9, £7.50 (encapsulated);¹ Blood-borne viruses in the workplace - guidance for employers and employees, INDG342, free.¹
Gas	See also Electricity, Manslaughter
Mains	The HSE said that the replacement of all iron gas mains in Britain located within 30 metres of buildings would be achieved within 30, rather than the original 35, years. HSE statement: www.hse.gov.uk/gas/gasmain.pdf.
Campaign	An HSE £250,000 publicity carbon monoxide campaign targeted first-time renters. "You thought it was suffocating living with your parents": HSE gas safety advice line, tel 0800 300363, or www.hse.gov.uk/gas/index.htm.
Review	The HSC has set up a revised gas safety sub-committee to implement the elements of the fundamental review of gas safety for which it is responsible. The committee has five working groups, which have been meeting since July 2001. There have been delays, however, and the first implementing Regulations have not yet been laid. The HSE is also hopeful that the Safety Bill will include a provision for a gas levy to fund publicity and research. After the HSE completed its review, the HSC sent a report to ministers at the Department of the Environment, Transport and the Regions. DETR minister Lord Whitty approved the HSC's proposals in March 2001. The DETR is now consulting with other government departments about issues that cut across departments. Gas safety review: proposals for change, www.hse.gov.uk/spd/content/fundgas.htm. The HSE received over 700 responses to its 1999 discussion document. Details on the working groups' progress: www.hse.gov.uk/gas/. Issues examined in 2000 in regard to the Gas Safety (Management) Regulations 1996 (GSMR) will now be addressed in line with the timetable for the fundamental review of gas safety. This is because some outcomes of the review might also affect the 1996 Regulations, including changes to the role of emergency service providers. The Regulations address the security of supply of natural gas and safety standards of emergency services provided by the gas industry. Consultation ended on 10 December 1999 and the HSC approved the HSE's analysis of responses on 15 August 2000. Proposals for the Gas Safety (Management) (Amendment) Regulations 2000, CD152, free.¹
Transco	The HSE issued a Certificate of Exemption under the Gas Safety (Installation and Use) Regulations 1998³ on 1 April 2002 to allow Transco to continue providing an emergency service for six further months, without the need for Corgi registration.²
Published	Joint industry programme on carbon monoxide issues, CRRs nos. 374/2001 - 384/2001, prices £10-£25,¹ Reducing CO incidents, CRR 386/2001, ISBN 0 7176 2136 7, £10;¹ Long-term reliability of domestic CO alarms, HSE CRR 360/2001, www.hse.gov.uk/research/crr_pdf/2001/crr01360.pdfor ISBN 0 7176 2085 9, £25;¹ A model to predict build-up of carbon monoxide from a faulty appliance in a single room, CRR 341/2001, ISBN 0 7176 2017 4, £20;¹ Assessment of methods to detect leaks in the casing of room-sealed appliances, CRR 406/2002, ISBN 0 7176 2259 2, £25.¹
GMOs
Contained use	The public register of information on the contained use of genetically modified organisms (GMOs) reopened in mid-February 2002 (R2P2: Determining the acceptability of risk). The HSE closed the register because of national security concerns following the anthrax attacks in the US in the wake of 11 September 2001. The HSE proposed an emergency amendment to the Genetically Modified Organisms (Contained Use) Regulations 2000, to give the Government discretion to withhold information about GMOs, including their location, from the register. The resulting GMO (Contained Use) (Amendment) Regulations were laid before Parliament on 18 February 2002, following a brief consultation. Consultation letter: www.hse.gov.uk/condocs.index.htm.
HSC/E	see also Enforcement, Local authorities
Revitalising	Progress on the HSE's implementation of the 44 action points from its core Revitalising health and safety can be found throughout this table. The HSE's summary of progress can be found at: www.hse.gov.uk/revitalising/progress/summary.htm. Revitalising set targets to be achieved by 2010. These are reductions of: 30% in the number of working days lost per 100,000 workers from work-related injury and ill health; 20% in the incidence rate of cases of work-related ill health; and 10% in the incidence rate of fatalities and major injuries. Half of each improvement is to be achieved by 2004/05. The HSE subsequently set out 17 principles for assessing progress towards the targets: Achieving the "Revitalising health and safety" targets: statistical note on progress measurement, www.hse.gov.uk/hsestats/statnote/pdf. The HSE later published its first annual report on progress towards the Revitalising targets: www.hse.gov.uk/statistics/snoct01.pdf. This showed that the fatal and major injury rate for 2000/01 was not significantly different from the base year of 1999/2000. The HSE is unable to assess any ill-health trends.
Securing health together	The Securing health together initiative was launched in July 2000 and represents the HSE and Government's 10-year occupational health strategy (Healthy at work, healthy for life: HSC/E goes holistic). It has a partnership board responsible for overseeing progress towards achieving the targets set out in the strategy. The board has now met four times, and is due to meet again on 21 May 2002. Its last meeting, on 7 November 2001, discussed the role of the board, the progress made under the strategy, and vocational rehabilitation and job retention. Previous meetings: established the main priorities for the initiative as stress and musculoskeletal disorders; looked at the difficulties of establishing baseline figures against which the HSE could measure progress towards its targets (see Revitalising above); and considered how the strategy would tackle the health effects of work on members of the public. Details are given throughout this table and are available on the strategy's website, which also has the programme of work and a best practice database: www.ohstrategy.net/.
Plan of work	The HSC published a strategic plan for its work activities for the three years until April 2004 (HSC strategic plan 2001/04). The plan sets out eight priority areas: falls from heights, workplace transport, musculoskeletal disorders, stress, slips and trips, agriculture, construction and the health services. Strategic plan 2001/2004, C35 10/01, free¹ or www.hse.gov.uk/action/frameset/plan.htm.
Effectiveness	HSE-commissioned research found little evidence linking HSE interventions to reductions in workplace harm. The impact of the HSC/E: a review, CRR 385/2001 ISBN 0 7176 2132 4, £15.¹
Intermediaries	A pilot project to use local intermediaries to improve the flow of health and safety information between the HSE and companies produced encouraging results. Working with local intermediaries - an evaluation of HSE's Field Operations Directorate pilot project, CRR 389/2001, ISBN 0 7176 2145 6 £15.¹
Research	The HSC/E published details of their current health and safety research activities and anticipated £20m research requirements for 2002. Strategic research outlook 2002, Jill Thompson, tel: 0114 289 2321, email: jill.thompson@hse.gsi.gov.uk, website: www.hse.gov.uk/research/content/opps/sro2002.pdf
Infrastructure	The HSE announced that it would close its Electrical Equipment Certification Service (EECS) at the end of June 2003. The Government gave the go-ahead for the construction of purpose-built premises for the Health and Safety Laboratory, an agency of the HSE. Work will finish in summer 2004.² The HSE shortlisted three property developers to build its new Merseyside headquarters. The HSE expects to award a 30-year contract in 2003 for the provision of fully serviced accommodation. The HSE hopes to occupy its new premises by the end of 2004.
Appointments	The Government appointed two new HSC commissioners: Judith Hackitt, Chemical Industries Association, and John Longworth, Tesco plc. It reappointed George Brumwell, Margaret Burns, Abdul Chowdry and Owen Tudor. All appointments last for three years. Justin McCracken succeeded David Eves as the HSE's deputy director general, operations, in April 2002. McCracken is responsible for all HSE field inspectors and HSE operations in mines, offshore, rail, construction, agriculture, health services, chemicals and nuclear safety.
Published	HSC annual report and HSC/E accounts 2000/01, ISBN 0 10291307 2, £22.50;³ summary: Highlights from the HSC annual report and accounts 2000/01, misc 422, free;¹ Health and safety statistics 2000/01, £17.50¹ or www.hse.gov/uk/statistics/hss001.pdf; Science and innovation strategy, www.hse.gov.uk/research/content/strat01.pdf; The health and safety system in Great Britain, ISBN 0 7176 2243 6, price £8.50 or www.hse.gov.uk/pubns/ohsingb.pdf; The health and safety system in Great Britain, ISBN 0 7176 2243 6, price £8.50 or www.hse.gov.uk/pubns/ohsingb.pdf.
Human factors
Published	Proposed framework for addressing human factors in IEC 61508, CRR 373/2001, ISBN 0 7176 2114 6, £15;¹ Assessing the safety of staffing arrangements for process operations in the chemical and allied industries, CRR 348/2001, ISBN 0 7176 2044 1, £20;¹ Development of a multiskilling life cycle model, CRR 328/2001, ISBN 0 7176 2001 8, £20;¹ Work, health and safety in the UK oil and gas industry, CRR 314/2001, ISBN 0 7176 1917 6, £20.¹
Information
Annual reports	Just under a third of Britain's top companies have so far responded to a request from the HSC Chair Bill Callaghan and Environment Minister Michael Meacher to set targets for improving their health and safety performance, and to describe the performance in their annual reports, starting with 2000/01 (see Annual reports: Top 350 firms shun Government reporting "invitation"). The HSE reports that, at 14 May 2002, 103 companies had responded to the "challenge", 69% of which had committed to reporting more fully their health and safety policies and principles (45% report currently), 56% to reporting on targets (30% report currently) and 60% reporting on performance (21% report currently). Guidance is set out in: Health and safety in annual reports, www.hse.gov.uk/revital/annual.htm.
Workers	The HSE added a "workers' web page" to its free electronic information site: www.hse.gov.uk/workers.
Campaign	In the second half of 2001, the HSE and Granada TV ran a six-month series of 50 mini-programmes on workplace health and safety.
Ethnic minorities	The HSE published basic health and safety information in five languages: Health and safety law: what you should know, www.hse.gov.uk/bengali/c3750.pdf (replace "bengali" with the language required), or in packs of 25: ISBNs 0 7176 2028 x (Bengali), 0 7176 2026 3 (Gujarati), 0 7176 2029 8 (Hindi), 0 7176 2024 7 (Punjabi), 0 7176 2025 5 (Urdu) and 0 7176 2027 1 (Chinese), £5.¹
Legislation
Regulations made	The Genetically Modified Organisms (Contained Use) (Amendment) Regulations 2002; The Radiation (Emergency Preparedness and Public Information) Regulations 2001; The Railway Safety (Miscellaneous Amendments) Regulations 2001; The Railway (Safety Case) (Amendment) Regulations 2001.
Regulations proposed	Consultation closed on 1 February 2002 on proposed HSC changes to eight sets of Regulations to rectify deficiencies in its implementation of European Directives and clarify "minor drafting problems". The Regulations cover display screen equipment (DSE), manual handling operations, personal protective equipment, the workplace, provision and use of work equipment, lifting operations and lifting equipment, first aid, and quarries. The HSC claims the changes are minor and will have little practical effect for those complying with the existing law. The HSE received almost 200 responses to its consultation - a higher than average return. Although respondents were generally supportive of the proposals, there were a few issues that required further investigation, including how the proposed changes to the PPE and DSE regs would impact on industry. The HSC was due to consider the HSE's full analysis of the consultation results on 14 May 2002 (paper no.HSC/02/56). The paper and analysis were due to be available from mid-May at: http://213.212.77.20/foi/hsc_meetings/2000/papers/index.htm. The current timetable was for the HSC to write to ministers by 17 May 2002, requesting them to consider the draft Regulations and make the necessary arrangements by the end of May. The Regulations would be made and laid in Parliament by 17 June. These would lay in Parliament for 40 working days, coming into effect by the middle of August. The HSE believes that it is unlikely that this timetable will slip, as it would be unusual for a MP to pray on the Regulations and force a debate. Proposals for Regulations to amend the Personal Protective Equipment at Work, the Manual Handling Operations, the Workplace and the Provision and Use of Work Equipment Regulations, CD 175, free.¹
Leisure
Fairgrounds	A major HSE review of fairground safety recommended that ride examiners become registered and accredited under the United Kingdom Accreditation Service. Report: www.hse.gov.uk/spd/noframes/spdleis.htm.
Zoos	Consultation closed on 5 November 2001 on HSC proposals to replace the ACoP on health and safety standards for zoos with guidance. The HSE is still analysing the responses. Proposals to withdraw the ACoP: Zoos - safety, health and welfare standards for employers and persons at work 1985, CD 170, free¹ or www.hse.gov.uk/condocs/cd170.htm.
Targets	The HSE agreed a strategy with the Food and Drink Federation (FDF) and four unions - the GMB, TGWU, USDAW and BFAWU - to realise the Government and HSC's injury and ill-health reduction targets. A recipe for safety, TOP05 - rev1, free.¹
Published	Playgrounds - risks, benefits and choices, CRR 426/2002, ISBN 0 7176 2340 8, £20;¹ Cemeteries are not playgrounds - be respectful, be safe too, free;¹ Preventing falls from height in the food and drink industries, Food Information Sheet no.30, free;¹ Reducing injuries caused by sack handling in the food and drink industries, Food Information Sheet no.31, free;¹ Reducing noise exposure in the food and drink industries, Food Information Sheet no.32, free;¹ Health and safety of children and young people in catering, catering information sheet no.21, free.¹
Local authorities	see also Explosives
Enforcement	A three-year decline in resources that local authorities (LAs) devote to health and safety enforcement forced HSC Chair Bill Callaghan to tell LAs to improve their performance. HSE/LA enforcement liaison committee (HELA) annual report 2001, HELA National Picture 2001, HELA strategic plan 2001-04, all free¹ or ⁸. The HSC issued revised enforcement guidance for LAs. This requires an inter-authority audit of each LA's enforcement function at least once every five years. LAs will also have to make specific reference to implementing the new HELA strategy in their plans of work. Section 18: HSC guidance to local authorities, free¹ or ⁸. In December 2001, the HSC agreed the first performance indicator for LAs' management of their health and safety regulatory activities.
Lead authorities	The HSE has launched its revised Lead Authority Partnership Scheme in December 2001. The voluntary scheme involves a partnership between a lead local authority (LA) and an organisation that operates in several LA areas. The scheme allows the organisation to deal with one LA rather than with many and aims to improve consistency in health and safety enforcement. The revisions bring trade associations and smaller organisations into the scope of the scheme. HELA will consider a report on the success of the revised scheme by December 2002. The three-month consultation process on revisions to the scheme ended on 15 March 2001. As part of the process, the HSE hosted in 2001 its first tripartite conference of local authorities, trade unions and employers' organisations.² An HSE-commissioned evaluation found that local authorities and their partner organisations were benefiting from two new forms of partnership set up under the Lead Authority Partnership Scheme. Evaluating the new flexible and trade partnerships within HELA's LAPS: one year on, CRR 347/2001, ISBN 0 7176 2043 3, £10¹ or www.hse.gov.uk/research/crr_pdf/2001/crr01347.pdf.
Published	Care homes guidance, HSG 220, £8.50;¹ Guidance on working with small firms, Local Authority Circular;¹ Lead authority partnership scheme, misc 428.¹
Major hazards	see also Human factors
COMAH	The regulatory enforcer (the HSE and Environment Agency) for the UK's major accident hazard sites expressed concern at the magnitude and frequency of accidents at such sites. COMAH major accidents notified to the European Commission, England, Scotland and Wales 1999-2000 and COMAH major accidents 1999-2000, a summary, www.hse.gov.uk/hid_HIDActivities_COMAH.
Charging	When introducing the Control of Major Accident Hazards (COMAH) charging scheme, the HSC and ministers agreed to a review after two years of operation. Deloitte and Touche carried out a fact-finding exercise to inform the review, which has now been completed. The HSC has reported the findings to ministers. The review concluded that no fundamental change should be made to the COMAH charging scheme. At the same time, the HSC reported the outcomes of three other reviews. The first examined the efficiency of the administrative processes; although inefficiencies were identified, the HSE has already addressed some of these. A second review, of the effectiveness of the queries and disputes procedure, found it to be effective if somewhat bureaucratic, and the HSE does not plan to change the procedure. The third review looked at the reasonableness of the HSE's charge-out rates in comparison with public and private sector organisations, concluding that the HSE's rates appear high. The HSE says that it is committed to reducing costs included in the charge-out rates, as recommended by the consultants. Deloitte and Touche's reports and the HSC/E's response were due to be placed on the HSE's website as HSB went to press: www.hse.gov.uk/charging.
Regulation	Consultation closed on 28 January 2001 on an HSE discussion document on its approach to the regulation of the offshore, railway, chemical and nuclear industries - all of which are based on safety cases. The HSE received about 70 responses. These raised numerous issues, particularly the need for greater clarity about the HSC/E's approach to the permissioning regimes. The HSE delayed follow-up work pending the outcome of Lord Cullen's Ladbroke Grove Inquiry (see below), but it is now exploring these issues with stakeholders. The HSC will soon decide how it wants to take the work forward. Regulating higher hazards - exploring the issues, DDE 15, www.hse.gov.uk/disdocs/dde15.htm or ¹.
Published	Performance indicators for the assessment of emergency preparedness in major accident hazards, CRR 345/2001, ISBN 0 7176 2038 7, £20;¹ The derivation and use of population data for major hazard accident modelling, CRR 410/2002, ISBN 0 7176 2271 1, £30.¹
Management	see also Legislation
Standard	The United Nations' International Labour Organisation issued guidance on the design of occupational safety and health management systems: www.ilo.org/public/english/standards/relm/gb/docs/gb281/pdf/gb-4.pdf.
Measurement	From December 2001, organisations have been able to use an HSE web-based guide to measuring health and safety performance. The guide builds on HSG65, Successful health and safety management. The HSE would welcome comments and suggestions for case studies, and will be updating the guide: www.hse.gov.uk/opsunit/perfmeas.htm.
MHSW Regulations
Civil liability	Consultation was extended until 28 March 2002 on HSC proposals to remove the civil liability exclusion from the Management of Health and Safety at Work Regulations 1999 (MHSW) and the Fire Precautions (Workplace) Regulations 1997. The HSE received 126 responses to the consultative document. It is now analysing the responses and will submit a report to the HSC in June or July. Consultative proposals to amend the MHSW and the Fire Precautions (Workplace) Regulations 1997, CD 177, www.hse.gov.uk/condocs/cd177.htm.
Manslaughter
Corporate killing	There has been little progress in 2002 on a proposed new offence of corporate killing, although the Government did confirm that it remains committed to reforming the current laws of manslaughter. Consultation on the proposals ended on 1 September 2000. The Home Office received 166 responses to its proposals - nearly all favoured change. Home Office minister Keith Bradley said in June 2001 that the Government had not yet made "final decisions" in the light of the comments received. The unresolved issues concern the sanctions that can be taken against individual directors. The reform is a Labour Party manifesto commitment. The new offence would avoid the problems of securing a conviction of a company under the current law of manslaughter. Sanctions would include (unlimited) fines, remedy orders, disqualification of directors (probably) and imprisonment (possibly). Reforming the law of involuntary manslaughter: the Government's proposals. The HSC supports the new offence: Reforming the law on involuntary manslaughter: the HSC's response to the Government's proposals, free.²
Prison	In November 2001, two farmers received suspended jail sentences for the manslaughter of an agricultural student (Farmers face jail for manslaughter). Edward Crow and Alaister Crow were jailed for 12 and 15 months, suspended for one year, after Lee Smith was killed driving a loader that he was not trained to do. On 7 December 2001, a farmer and one of his employees were each sentenced to six months' imprisonment, suspended for 18 months. Edward Muntz and Thomas Marchant were found guilty of causing the death of a motorcyclist, Richard Fletcher, who collided with an unguarded spike mounted on a tractor driven by Marchant. Neither was disqualified from driving (Transport: Road death leads to prison sentences but no driving disqualifications). On 7 May 2002, a gas fitter became the fourth person to receive a prison sentence for contravening an HSE prohibition notice. Magistrates jailed Mark Towle for four months for carrying out gas fitting work in contravention of the notice. He is the first gas fitter and the sixth person in all to be jailed under HSW Act-related legislation. Three other fitters have previously been jailed for manslaughter (see Enforcement: Gas fitter jailed for prohibition breach). Brian Dean was convicted on 24 April 2002 of the manslaughter of a father and son following the collapse of a kiln. Stafford Crown Court delayed sentencing until the end of May.
Failed cases	In December 2001, an Old Bailey jury found Euromin Ltd and its general manager, James Martell, not guilty of the manslaughter of Simon Jones at Shoreham Docks. The jury did, however, convict the company of crimes under the HSW Act, for which it was fined £50,000. The high-profile case reached trial after the Court of Appeal told the Crown Prosecution Service in a judicial review on 23 March 2000 that its decision not to prosecute was "unlawful" and irrational. Oakes Millers Ltd, HJ Lea Oakes Ltd and a director were cleared of manslaughter charges after a judge ruled there was insufficient evidence that their failings caused the death of a boy killed by one of the company's HGVs. Both firms were convicted under health and safety legislation (Judge dismisses manslaughter chargers for boy's death).
Judicial review	The HSE announced that it would, after all, prosecute two parties involved in the death of Mohammed Omar Akhtar, who was killed after his car collided with a forklift truck in 1997. The HSE initially failed to investigate the incident, on the grounds that it was a road traffic accident, but a judicial review resulted in the High Court ordering it to do so. The cases were committed for Crown Court trial by Trafford magistrates on 11 October 2001. Manchester Crown Court was due to hear pleas and direction on 17 May 2002.
Manual handling	see also Agriculture, Legislation, Leisure
Regulations	One in three organisations have not taken any action to comply with the Manual Handling Operations Regulations 1992, which came into force in 1993. Second evaluation of the Manual Handling Operations Regulations 1992 and guidance, CRR 346/2001, Entec UK Ltd, www.hse.gov.uk/research/crr_pdf/2001/crr01346.pdf.
Published	Handling home care: achieving safe, efficient and positive outcomes for care workers and clients, HSG225, ISBN 0 7176 2228 2 £9.50.¹
Mines and quarries	see also Legislation
Published	The use of electricity in mines. Electricity at Work Regulations 1989. Approved Code of Practice - 2001 edition (L128), ISBN 0 7176 2074 3, £15;¹ Assessment of a continuous miner wet head system, CRR 301/2000, ISBN 0 7176 1864 1, £25;¹ Fire safety testing of conveyor belts, CRR 407/2002, ISBN 0 7176 2266 5, £15.¹
Noise
Proposed Directive	At the end of October 2001, the EU Environment Council formally adopted a common position on a proposed Directive on noise and hearing. The proposal would be the first physical agents Directive (see Vibration below). The original proposal, published in 1993, was for a single physical agents Directive, covering noise, vibration and non-ionising electromagnetic radiation. This made little progress, and the Commission decided to proceed with each area separately. Social affairs ministers had reached political agreement on a noise common position on 11 June 2001. The Directive would replace the 1986 noise Directive and changes to the Noise at Work Regulations 1989. The proposal fixes exposure limit values and action values and would replace the existing noise Directive with legislation in line with the 1989 Framework Directive. The important issue for the UK on a noise initiative would be the extent to which additional audiometry would be needed in the UK. The employers' organisation, UNICE, said on 19 April 2001 that it can see no justification for more stringent rules in this area (www.unice.org/unice/docum.nsf/).
Published	Occupational exposure to noise and hearing difficulties in Great Britain, CRR 361/2001, ISBN 07176 2087 5, £15¹ or www.hse.gov.uk/research/crr_htm/2001/crr01361.htm.
Nuclear	see also Major hazards, Radiation
Incidents	There were seven nuclear incidents in Britain in 2001, at Heysham 1 (British Energy Generation Limited), Hunterston B (British Energy Generation UK plc), Sellafield (three) and Chapelcross (two) (both British Nuclear Fuels plc). Six were classified as level 1 on the International Nuclear Event Scale. One was classified at level 0. Statement of nuclear Incidents at nuclear installations: first quarter - fourth quarter 2001, free.⁵
Skills	The HSE is participating in a study of the future availability of skills for the application of nuclear and radiological technology. The study was prompted by concerns about ageing workforces and poor recruitment into science and technology. Details: www.nuclearskills.com.
Published	Relicensing of the Atomic Weapons Establishment Sites to AWE plc - report on the performance of AWE plc as a licensee 12 months after the relicensing of Aldermaston and Burghfield on 1 April 2000, free,⁵ or www.hse.gov.uk/nsd/licensee.pdf; Progress report on HM Nuclear Installations Inspectorate (NII) safety management audit of BEG and BEG(UK)L - June 2001, free⁵ or www.hse.gov.uk/nsd/beguk.pdf; A review by the NII of the British Energy plc's strategy for decommissioning of its nuclear licensed sites, free⁵ or www.hse.gov.uk/nsd/beqqr.pdf; The storage of liquid high-level waste at BNFL, Sellafield: addendum to February 2000 report, free;⁵ Safety audit of Dounreay 1998: final report 2001,⁵ or www.hse.gov.uk/nsd/auditfin.pdf; A report by NII of an investigation into a dropped fuel element incident at Chapelcross Nuclear Power Station, free⁵ or www.hse.gov.uk/nsd/nsdhome; A review by NII of Magnox Electric plc's strategy for decommissioning its nuclear licensed sites, free⁵ or www.hse.gov.uk/nsd/magdecom.pdf.
Offshore	see also Major hazards
Legislation	The Health and Safety at Work etc Act 1974 (Application outside Great Britain) Order 2001 came into effect on 11 July 2001. It applies the HSW Act to the use and operation of all buildings and structures within the 12-mile territorial sea, (SI 2001 No.2127, ISBN 0 11 029567 6, £2³ or www.legislation.hmso.gov.uk/si/si2001/20012127.htm.
Enforcement	The HSE website now contains all offshore operations notices (www.hse.gov.uk/hid/osd/notices/on_index.htm) and safety notices (www.hse.gov.uk/hid/osd/notices/sn_index.htm).
Published	Hydrocarbon releases statistics 2001, HID statistics report HSR 2001 002, HID Data Management Team, tel: 0151 951 3099, free or www.hse.gov.uk/hid/osd/hsr2001/contents.htm; Report on the hydrocarbon release investigation project 1/4/200 to 31/3/2001, Offshore Technology Report OTO 2001/055, free¹ or www.hse.gov.uk/research/frameset/offshore.htm; Offshore safety statistics bulletin 2000/01, free, www.hse.gov.uk/osd/stat0001.htm; Offshore injury, ill health and incident statistics report 2000/2001 (Provisional data), HSR 2001 001, free⁷ or www.hse.gov.uk/hid/osd/HSR2000-001.htm; Technical guidance on the safe use of lifting equipment offshore, HSG221, ISBN 0 7176 2100 6, £15.¹
Participation and Partnership
Benefits	The HSE published research showing that organisations that involve employees in improving occupational health and safety benefit from improved incident and injury rates. Employee involvement in health and safety - some examples of good practice,¹ or www.hse.gov.uk/research/hsl_pdf/2001/employ-i.pdf.
PPE	see also Legislation
Published	Industrial rope access - investigation into items of personal protective equipment, CRR 364/2001, ISBN 07176 20913, £20;¹Assessment of aprons for protection against drop forging projectiles, CRR 395/2001, ISBN 0 7176 2233 9, £10.¹
Pesticides	see also Agriculture
Dichlorvos	Ministers have suspended the sale of agricultural, professional and domestic insecticide products containing the chemical dichlorvos. Further information: HSE, tel: 0151 951 5825; www.pesticides.gov.uk/committees/acp/acp.htm and www.doh.gov.uk/com.htm.
Published	Pesticide Incidents Report 1999/2000, free;¹² Biocidal products Directive (BPD) 98/8/EC fact sheets nos 10, 11, free,¹ or www.hse.gov.uk/hthdir/noframes/bioindex.htm; The effectiveness of labelling pesticides, CRR 390, ISBN 0 7176 2146 4, £20.¹
Pressure
Published	Probabilistic methods: uses and abuses in structural integrity, CRR 398/2001, ISBN 0 7176 2238 X, £25.¹
Radiation
Emergencies	The Radiation (Emergency Preparedness and Public Information) Regulations 2001 came into force on 20 September 2001. The Regulations represent the second part of the HSC's implementation of the 1996 "basic safety standards" Directive (96/29/Euratom). The HSE received 110 responses to its 1999 consultative document (CD 144, free).¹ The HSE later issued related guidance on planning for emergencies involving radiation releases with the potential to affect the public.¹
Pregnancy	HSE-commissioned research found that a foetus can receive a higher dose of radiation than the mother can. Doses to the embryo/foetus and neonate from intakes of radionuclides by the mother - part 1: doses received in utero and from activity present at birth, National Radiological Protection Board, CRR 397/2001, £20.¹
Published	The regulatory requirements for medical exposure to radiation: an employer's overview, HSG223, ISBN 0 7176 2134 0, £6.50;¹ Selection, use and maintenance of portable monitoring instruments and Control of radioactive substances, Information sheet nos. 7 and 8.¹
Railways
Cullen part 1	The HSE welcomed part 1 of Lord Cullen's Ladbroke Grove Rail Inquiry (LGRI) report, which was published on 19 June 2001. The Ladbroke Grove Rail Inquiry - part 1 report, ISBN 0 7176 2065 5, £25,¹ or www.hse.gov.uk/railway/paddrail/lgri1.pdf. Cullen wanted 40 of his 89 recommendations in place by December 2001; the industry managed just 23. Work on a further 10 is due to be completed by June 2002, with the remaining seven implemented by the end of 2002. HSC Chair Bill Callaghan described the progress as "satisfactory". Ladbroke Grove Rail Inquiry - part 1 report: progress report to December 2001, www.hse.gov.uk/railway/lgrprog1.pdf. The Railway Safety (Miscellaneous Amendments) Regulations 2001 were laid before Parliament on 3 October 2001 and came into force three weeks later.³ They implement important recommendations from part 1 of the Cullen report. Associated guidance: L52(rev), ISBN 0 7176 2127 8, £20.¹ On 7 August 2001, the HSC completed a 25-day consultation on placing an explicit duty on train companies to detail passenger emergency evacuation arrangements. The proposal implemented a Cullen part 1 recommendation. Proposed amendment to the Railway (Safety Case) Regulations 2000: emergency escape from trains, www.hse.gov.uk/condocs/rscr2000.pdf. The subsequent amendments, which came into force on 24 October 2001, are contained in the reprinted HSE guidance booklet, Railways (Safety Case) Regulations 2000, L52.¹
Cullen part 2	The second part of Lord Cullen's report on Ladbroke Grove made 74 recommendations, including a new independent railway industry safety body to develop railway standards, provide safety leadership and sponsor research and development. The Ladbroke Grove Rail Inquiry part 2 report, ISBN 0 7176 2107 3, £20¹or www.hse.gov.uk/railway/paddrail/lgri2.pdf. The HSC consulted on amendments to the Railways (Safety Case) Regulations 2000³ to bring the safety regime in line with the Rail Regulator's proposed independent railway industry safety body. The move would implement a recommendation of Cullen part 2. The HSE received replies to the consultation exercise up to the end of April and is now considering these. The aim is to make any necessary amendments to the Regulations by the time the new body is created, probably towards the end of 2002. Consultation paper: www.hse.gov.uk/condocs/condocs/rsc00-a.pdf.
Train protection systems	Uncertainty now surrounds the introduction of the European Rail Traffic Management System (ERTMS) on the UK mainline network. The HSC has asked independent experts to review the report into train protection systems published on 25 April 2002 by the Strategic Rail Authority and Railway Safety. The report contains an industry plan for implementing a fundamental recommendation of the March 2001 report of Professor Uff and Lord Cullen's Joint Inquiry into train protection systems (The future for UK train protection systems). The report called for the installation of ERTMS on the UK mainline network to a defined timetable. This, its authors believed, would minimise the risk of train accidents caused by signals passed at danger (SPADs). Consultation closed on 12 April 2002 on the form of Regulations that will require the fitting of the ERTMS. The HSC will advise ministers in early 2003 on the appropriate framework. The HSE also published its first action plan for implementing the report's recommendations: www.hse.gov.uk/railway/jirprt1.pdf.
Potters Bar	The HSE's first report on its investigation into the train derailment at Potters Bar, in which seven people were killed, states that the early indications are that a fault in points south of the station was the cause. Train derailment at Potters Bar, Friday 10 May 2002 - HSE interim report, www.hse.gov.uk/railway/pottersbar/interim1.htm.
Southall	Following consultation, the HSC withdrew a proposal to make it a legal requirement to have on-train data recorders in the three-quarters of existing driving cabs that do not have one, by the end of 2005. The move would have implemented - albeit over a longer period - a recommendation made by the public inquiry report into the Southall train crash. Consultation closed on 15 June 2001. Draft Railway Safety Regulations 2001: invitation to comment, www.hse.gov.uk/condocs/cd-rail.htm.
Great Heck	An HSC report into the obstruction of railway lines by vehicles concluded that the risks of such incidents are low compared with other rail and road risks. The Government accepted the report's seven recommendations, and asked the HSE to expedite its implementation timetable. The report was commissioned after a vehicle overshot a road at Great Heck, near Selby, on 28 February 2001 onto the tracks below. The subsequent train collision killed 10 people. Obstruction of the railway by road vehicles, ISBN 0 7176 2294 0, £5,¹ or www.hse.gov.uk/railway/obstruct.htm.
Railtrack	The HSE issued a formal Direction in October 2001 to Railtrack plc to revise its safety case to reflect organisational and administrative changes caused by it being placed in administration.
London Underground	The HSE compiled an "issues log" following an initial assessment of London Underground Ltd's (LUL's) safety case documents. The move is part of LUL's move to a public-private partnership. PPP cannot operate until the HSE has accepted version 3.1 of LUL's safety case. The log identifies 52 shortcomings. A health and safety review of London Underground and its preparations for the PPP - revision 1: February 2002, www.hse.gov.uk/railways/lul2.pdf or HM Railway Inspectorate, HSE⁴. On 3 December 2001, the HSE formally accepted version 3.0 of LUL's revised railway safety case.²
Appointments	The post-Cullen fallout within the HSC/E continued. HSC commissioner Margaret Burns was appointed chair of the HSC's railway industry advisory committee (RIAC). Richard Clifton succeeded Clive Norris as temporary head of HSE's railways directorate. Former HSE railway chief Vic Coleman moved to the HSE's safety policy directorate, and Allan Sefton is now overseeing the management of the railway inspectorate (HMRI).
Radioactive material	The HSC proposed changes to legislation on the carriage of radioactive material by rail. The move will implement Commission Directive 2001/6/EC of 29 January 2001, the third adaptation of Council Directive 96/49/EC. Member states were required to implement its provisions for radioactive material by 31 December 2001. The proposals would replace the Packaging, Labelling and Carriage of Dangerous Goods by Rail Regulations 1996. The HSC will issue further proposals in 2002 on the carriage of other classes of dangerous goods by road and rail. Proposals for the Packaging, Labelling and Carriage of Radioactive Material by Rail Regulations, CD 172, free.¹
Published	Railway safety - HM Chief Inspector of Railways' annual report on the safety record of the railways in Great Britain during 2000/01, ISBN 0 7176 2126 X, £16.95;¹ Railway safety 2000/01, www.hse.gov.uk/railway/rsb0001.pdf; Summary of the findings of HMRI's inspection of driver management in train operating companies carried out in 2000/01, Accidents Section, HMRI, HSE⁴, or www.hse.gov.uk/railway/rihome.htm; Railways (Safety Case) Regulations 2000 including 2001 amendments - guidance on Regulations, L52(rev), ISBN 0 7176 2127 8, £20;¹ Assessment of Railtrack's response to improvement notice I/RJS/991007/2 covering the "Top 22" signals passed most often at danger, ISBN 0 7176 2257 6, £10,¹ or www.hse.gov.uk/railway/rihome.htm; Assessment of Railtrack's management of multi-SPAD signals, ISBN 0 7176 2258 4, £10,¹ or www.hse.gov.uk/railway/rihome.htm; Passenger-carrying miniature railways: guidance on safe practice, ISBN 0 7176 2035 2, £5.95;¹ Provision of welfare facilities at transient railway-infrastructure maintenance and renewal sites information sheet, free;¹ Developing and maintaining staff competence (Railway safety principles and guidance, part 3, section A), ISBN 0 7176 1732 7, £12.95.¹
Risk
Assessment	The HSE published its methodology for deciding whether risks from work activity are unacceptable, tolerable and negligible, and how it balances ethical, social, economic and scientific considerations in reaching its decisions. Reducing risks, protecting people, ISBN 0 7176 2151 0, £5¹ or www.hse.gov.uk/dst/r2p2.pdf (R2P2: Determining the acceptability of risk). Consultation had ended in December 1999. The HSE also published the guidance that its staff use to decide whether duty holders have reduced risks "as low as reasonably practicable" (ALARP): www.hse.gov.uk/dst/alarp1.htm, www.hse.gov.uk/dst/alarp2.htm, and www.hse.gov.uk/dst/alarp3.htm
Safety reps
Review	The HSC confirmed that it is to replace the Safety Representative and Safety Committees Regulations 1977. The move is part of a two-part strategy to improve employers' consultation with workers on health and safety matters. It follows the HSE's analysis of 850 responses to a 1999 discussion document (DDE12). The first part of the strategy will involve a consultative document containing draft Regulations, an ACoP and guidance on the harmonisation of the SRSC Regulations 1977 and the Health and Safety (Consultation with Employees) Regulations 1996, based on the principles of the former. This was due to be published in spring 2001, but is now scheduled for summer 2002. The HSE will also commission research into the links between consultation and effective safety performance. The final element of the first part is a safety adviser pilot scheme (see below). The second, medium-term, part will examine ways of persuading management to respond to genuine concerns that are raised by safety representatives. The HSE will also look at enforcement initiatives and training requirements for its inspectors.
Pilot	The HSE announced that its Worker Safety Adviser (WSA) pilot scheme will cover the retail, hospitality, voluntary, construction and automotive/fabrication sectors. The scheme - in which employer participation is entirely voluntary and by prior agreement - involves specially trained safety advisers visiting workplaces that do not have safety representatives.² The visits have now started and will continue over the next six months.
PINs	In late 2001, the TUC launched a "union improvement notice" (UIN) scheme, allowing safety reps to serve a notice on managers who fail to heed warnings of safety failures. The scheme is a non-statutory version of the Australian provisional improvement notices (www.hazards.org/notices).
Small firms	see also Chemicals, Construction, Stress, Training
Published	Development of an information-based approach to self-regulation of health and safety in small firms, HSE CRR no.330/2001, ISBN 0 7176 1990 7, £10 (Effectiveness of regulation governed by information processing ability of small firms, claims HSE study);¹ Health and safety in small enterprises - European strategies for managing improvement, David Walters, PIE, Peter Lang, ISBN 90 5201 952 5, Brussels-Bern.
Smoking
Approved Code of Practice	The HSC recommended to ministers on 5 September 2000 the introduction of an Approved Code of Practice (ACoP) for passive smoking at work. The Government then asked the HSC to consider further the implications of an ACoP for the hospitality and small business sectors, and the role that the Public Places Charter might play. The HSE has since been reviewing evidence that has recently become available and will look at the proposals for an ACoP in the light of this. It is also following the progress of the Public Places Charter, but advises that work could take some time. The HSE received 490 responses to the HSC's Proposal for an Approved Code of Practice on passive smoking at work, CD151, free.¹ Consultation closed on 29 October 1999.
Stress
Damages guidelines	The Court of Appeal, for the first time, set out guidelines for judges considering compensation claims for injuries caused by work-related stress. The exhaustive guidelines provide clarification of the law, but few new points. Sutherland v Hatton etc [2002] EWCA Civ 76, CA Civil Division.
Guidance	The HSE issued guidance for managers on preventing work-related stress. Tackling work-related stress: a managers' guide to improving and maintaining employee health and well being, HSG 218, ISBN 0 7176 2050 6 £7.95.¹ At the same time, it issued advice for employees but, a few months later, it withdrew and replaced this advice following trade union criticisms. Tackling work-related stress - a guide for employees, INDG341, free.¹
Compensation	Thelma Conway, a former residential social worker with Worcester County Council, agreed to £140,000 compensation for a stress-related illness developed through work. The TUC's annual compensation survey revealed that stress claims rose twelvefold to 6,428 in 2001, from 516 in 2000 (Trade unions report twelvefold rise in stress claims).
Questionnaires	HSE-commissioned research found that commercially available questionnaires are neither reliable nor valid stress tests. A critical review of psychosocial hazard measures, CRR 356/2001, ISBN 0 7176 2064 6, £20¹ or www.hse.gov.uk/research/content/crr/index.htm.
Teamworking	HSE-sponsored research found that teamworking can both increase or decrease work-related stress levels. Effective teamworking: reducing the psychosocial risks, CRR 393, ISBN 0 7176 2149 9,£15.¹
Work design	The HSE published research showing the clearest links yet between heart disease and poor work design and organisation (Researchers link psychosocial factors to heart disease). Work environment, alcohol consumption and ill health. The Whitehall II study, CRR 422/2002, ISBN 0 7176 2314 9, £15.¹
Bullying	The Dignity at Work Bill passed its second reading in the House of Lords on 27 March 2002. The Private Member's Bill, which addresses harassment and bullying at work, has little chance of success due to lack of parliamentary time.
Safety week	The European Week for Safety and Health, starting on 14 October 2002, will concentrate on psychosocial risks. The HSE was due to issue an action pack in May to help organisations plan stress initiatives for the week.²
Published	Mental wellbeing in the workplace: a resource pack for management training and development (revised 1998 edition) £25;¹ Work-related stress: a short guide, free;¹ Change in manufacturing: how to manage stress-related risk, ISBN 0 7176 2086 7, £15;¹ An intervention using a self-help guide to improve the coping behaviour of nightshift workers and its evaluation, CRR 365/2001, ISBN 0 7176 2093 x, £15 (Nightwork advice has "negligible" effect).¹
Substance abuse
Alcohol	Ongoing research into the health of 10,000 civil servants revealed that alcohol consumption is related to sickness absence due to injury - at moderate, binge and dependency levels (Researchers link psychosocial factors to heart disease). Work environment, alcohol consumption and ill health. The Whitehall II study, CRR 422/2002, ISBN 0 7176 2314 9, £15.¹
Training
Resources	The HSE published advice on health and safety training for employers and trainers. The HSE hopes the publications will be particularly useful to small firms. Health and safety training - what you need to know, INDG 345, single copies free, or packs of 15, £5, ISBN 0 7176 2137 5,¹ and Effective health and safety training: a trainer's resource pack, ISBN 0 7176 2109 X, £21.95.¹
Transport - dangerous goods
Exemption certificates	Certificate of Exemption No.2 of 2001 under Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996;² Certificate of Exemption No.2 of 2001 under the Carriage of Dangerous Goods by Rail Regulations 1996;² Certificate of Exemption No. 4 of 2001 under the Carriage of Dangerous Goods by Road Regulations 1996.²
Transport - roads
Work-related driving	The Government's independent Work-related Road Safety Task Group published its report on 22 November 2001. Reducing at-work road traffic incidents,¹ or www.hse.gov.uk/road/noframes/index.htm (Transport: Managers will have to face occupational road risk test). The HSC was due to consider the HSE's proposals for taking forward the report's recommendations on 14 May 2002. The group recommended that employers manage at-work road safety in much the same way as they tackle workplace risks. The recommendations followed analysis of a discussion document that had elicited just over 200 replies (Extending safety from the workplace onto the roads). Consultation ended on 25 May 2001. Preventing at-work road traffic incidents, DDE 16, www.hse.gov.uk/disdocs/ or ¹. HSE contact: Task Group Secretariat, HSE⁴, tel: 020 7717 6841, e-mail: spd.work.roadsafety@hse.gsi.gov.uk. The group was established as a result of the Government's 10-year road safety strategy: Tomorrow's roads: safer for everyone, free.⁷
Transport - workplace	see also Agriculture
Accident prevention	Consultation closed on 10 May 2002 on an HSE discussion document on Preventing workplace transport accidents, DDE 18, free.¹ The document set out the HSE's inspection plans and sought views on seven specific areas. It is too early to give any indication of the tenor of the responses.
Competence	The HSE established an industry working group to help it develop an interactive computer program to improve workplace transport driver competence. Details: kevin.jewitt@hse.gsi.gov.uk, tel: 0207 7176059.
Published	Improving the safety of workers in the vicinity of mobile plant, CRR 358/2001, ISBN 0 7176 2071 9, £30;¹ Investigation into the safety-related aspects of coast control on pedestrian-operated industrial trucks, CRR 362/2001, ISBN 0 7176 2089 1, £10.¹
Vibration	see also Agriculture
Directive	Adoption of a new vibration Directive was expected as HSB went to press. The EU Council of Ministers adopted a common position on 25 June 2001 on a proposed Directive that would set minimum standards for employees exposed to mechanical vibrations. But on 30 October, it rejected European Parliament second reading amendments to make the proposals more stringent. The proposal underwent the conciliation procedure, under which Council and Parliament delegations try to reach agreement (Physical agents: Ministers place vibration proposals on shaky ground and EU Parliament toughens vibration values). The Directive would be the second individual physical agents Directive (see Noise above). Proposal for a European parliament and Council Directive on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (vibration), Common Position text COM(2001)26, OJ C301/26.10.2001.¹³
Violence
NHS	The Government gave the go-ahead for NHS staff to issue yellow warning and red no-treatment cards to patients who are violent. www.nhs/zerotolerance/intro.htm.
Work equipment	see also Legislation
Legislation	The HSE warned employers and self-employed persons to ensure that all mobile work equipment they provide complies with part III of the Provision and Use of Work Equipment Regulations 1998 (PUWER) by 5 December 2002. The equipment includes fork-lift trucks, dumpers and tractors. Advice: Safe use of work equipment. PUWER 1998: Approved Code of Practice and guidance, L22, ISBN 0 7176 1626 6, £8.¹
Published	Packaging machinery: safeguarding thermoform, fill and seal machines, Packaging machinery: safeguarding palletisers and depalletisers and Packaging machinery: safeguarding pre-formed rigid container packaging machines, Food Information Sheets nos. 26-28, free;¹ Availability, quality and standards of training for woodworking operators and supervisors, CRR 339, ISBN 0 7176 2015 8, £20;¹ Safe working methods with top-handled chainsaws, CRR 402/2001, ISBN 0 7176 2249 5, £15.¹
Working time
Regulations	The European Court of Justice confirmed that the UK's Working Time Regulations 1998 lawfully exclude non-mobile workers in the transport sector. The Regulations implemented the 1993 working time Directive. Bowden and Others v Tuffnells Parcels Express Ltd, AER European Cases, November 2001.
Extension	The fourth and final part of the European Commission's package to extend some or all of the protection offered by the 1993 working time Directive to excluded sectors and activities has been agreed. The Directive covers rest breaks, maximum working hours and annual leave. The European Commission put forward its proposals in November 1989. These cover doctors in training; road, air and inland waterway transport; sea fishing; and seafarers. The outstanding and most controversial measure concerned mobile workers in the road transport sector. The text of the new Directive was agreed by a European Council and Parliament conciliation committee on 17 December 2001, and approved by the Parliament on 5 February 2002 and the Council on 18 February 2002. The Directive sets a maximum average working week of 48 hours, subject to a 60-hour limit; a 30-minute rest break after six hours and a 45-minute break after nine hours' work; and a maximum 10-hour day for night workers. The Directive allows several derogations, but defines working time widely to include loading and unloading, supervision, maintenance and administration. Member states have three years in which to implement the Directive, although self-employed drivers - the main area of dispute - are exempt for a further four years. The Commission will draw up a report two years before the provisions are extended to self-employed drivers, looking at the consequences of the exclusion and tailoring the provisions to their needs. Council Directive concerning the organisation of working time for mobile workers performing road transport activities and for self-employed drivers.¹³
Work-related upper-limb disorders	see also Legislation
Guidance	The HSE published revised advice on Upper-limb disorders in the workplace, HSG60 (rev), ISBN 0 7176 1978 8, £9.50 (Tackling work-related upper-limb disorders).¹

¹HSE Books, PO Box 1999, Sudbury, Suffolk CO10 2WA, tel: 01787 881165, fax: 01787 313995, www.hsebooks.co.uk. Priced publications may be obtained through booksellers. Consultative documents are also available at: www.hse.gov.uk/condocs/; contract research reports are also available free at: www.hse.gov.uk/research/content/crr/index.htm.
²HSE InfoLine, tel: 08701 545500, fax: 02920 859260, email: hseinformationservices@natbrit.com, or written enquiries: HSE Information Services, Caerphilly Business Park, Caerphilly CF83 3GG.
³The Stationery Office, PO Box 276, London SW8 5DT, tel: 0870 6005522, website: www.legislation.hmso.gov.uk/.
⁴Rose Court, 2 Southwark Bridge, London SE1 9HS.
⁵Nuclear Safety Directorate Information Centre, St Peter's House, Balliol Road, Bootle, Merseyside L20 3LZ, tel: 0151 951 4103, fax: 0151 951 4004, email: nsd.infocentre@hse.gov.uk
⁶HSE Videos, Dept VN, PO Box 35, Wetherby LS23 7EX, tel: 0845 7419411, fax: 01937 541083; email: euroview@compuserve.com.
⁷Hazardous Installations Directorate CD4C, HSE, Room 201, Merton House, Stanley Road, Bootle L20 3DL, tel: 0151 951 3099.
⁸HSE website: www.hse.gov.uk.
⁹Magdalen House, Bootle, Merseyside L20 3QZ.
¹⁰Home Office Information and Publications Group, Research, Development and Statistics Directorate, Room 201, 50 Queen Anne's Gate, London SW1H 9AT.
¹¹TUC, Congress House, Great Russell Street, London WC1B 3LS, www.tuc.org.uk.
¹²HSE, Agriculture and Wood Sector, Pearson Building, 55 Upper Parliament Street, Nottingham NG1 6AU, tel: 0115 971 2800.
¹³"The Official Journal", Stationery Office, International Sales Agency, 51 Nine Elms Lane, London SW8 5OR, tel: 020 7873 9090, fax: 020 7873 8463.

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Health and safety: the state of play