|
SUBJECT
|
PROGRESS AND COMMENTS
|
|
Accidents
|
See also HSC/E
|
|
Investigation
|
In December 2002, the HSC is due to consider the HSE's analysis of responses
to 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"
).
The HSC should, at the meeting, agree how to advise ministers on the way
forward. Consultation on the condoc closed on 3 September 2001: 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 also published the research it quoted in its consultation
document, Accident investigation - the drivers, methods and outcomes,
CRR 344/2001, £25.1
|
|
Fatalities
|
Provisional HSE figures show there were 15% fewer workers killed at work in
2001/2002 than in 2000/01. Statistics of fatal injuries to workers 2001/02,
(Work deaths fall to second lowest
total).10
|
|
Paper industry
|
An HSE report revealed that a tripartite initiative
had, in three years, secured significant improvements in the health and
safety performance of the paper industry, and appeared to have played an
important part in a 26% fall in the industry's fatal and major injury rate
(HSE makes paper progress).
|
|
Agriculture
|
See also Pesticides
|
|
Fatalities
|
The 41 people killed in agriculture in 2001/02 represented the industry's
"best" year on record (HSB 311). Fatal injuries in farming, forestry and
horticulture 2001/2002.6
|
|
Enforcement
|
An autumn HSE inspection blitz of farms and farm vehicles in Sussex resulted
in 22 enforcement notices - around one for every four inspections (HSB
313).6 The deaths of two agricultural workers forced
the HSE to issue a warning about rope-winding operations.2
|
|
Published
|
Exposure to pesticide residues on agricultural spraying equipment, CRR
440/2002, ISBN 0 7176 2376 9, £10;1 Safe cattle handling - deal
with the danger, video, ISBN 0 7176 2512 5, £25;1 and Preparing
cattle for slaughter and Handling and housing cattle, agriculture
information sheets nos. 34 and 35, free1 or www.hse.gov.uk/pubns/agindex.htm.
|
|
Asbestos
|
See also Chemicals
|
|
Proposed Directive
|
The European Council adopted a common position on 23
September 2002 on a proposed Directive to tighten the controls on asbestos
at work. This followed a political agreement on 3 June 2002. The text was
resubmitted in October 2002 to the European Parliament (EP) for a second
reading. The EP has three months in which to consider the text and prepare a
second reading report. Although UK law already covers much of the proposal,
the Directive would remove "reasonable practicability" from the UK's asbestos
Regulations and introduce a single exposure limit (HSB 305 and EU proposes
cutting "reasonably practicable" from asbestos regs). When the
European Parliament, along with the European Economic and Social
Committee, considered the Commission's proposal, it voted to lower the
proposed exposure limit still further (Committees urge MEPs to toughen asbestos
Directive). The European Council's common position
text also contains a general prohibition. The UK supports the common position
text. Common position (EC) No.53/2002 . . . [on] 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, OJ C269/5.11.02.9
|
|
Management
|
The Control of Asbestos at Work Regulations 2002 (CAW, SI 2002 No.2675)3 were laid before
Parliament on 31 October 2002 and came into force on 21 November 2002. The Regulations introduce a new
duty to manage the risk from asbestos in premises and also implement the
asbestos aspects of the European Union's chemical agents Directive (Chemicals: HSC takes CLAW to COSHH, see Chemicals etc
below). The HSE consulted on the management duty twice, finally closing on 19
February 2002. The revisions in the second consultation document reflected
responses to the June 2000 condoc (CD159,1). The main
change in the second condoc was a widened definition of "duty holder". The
new duty to manage asbestos has an 18-month lead-in time, coming into
force in May 2004. The HSE has included white asbestos (chrysotile) in the
Regulations, rejecting media reports that it is harmless: HSE position
statement on the risks from white asbestos, free.2 Condoc: Revised proposals for amendments to the Control of
Asbestos at Work Regulations and a new supporting ACoP, CD176,
free1. The HSE hoped to publish the two revised
asbestos Approved Codes of Practice (ACoPs L27 and L28) in late November
2002. Condoc: Proposals for amendments to the
existing two ACoPs which support the CAW Regulations, CD 181,
free.1
|
|
Published
|
The asbestos risk management
presenter's pack, www.hse.gov.uk.
|
|
Chemicals etc |
See also Asbestos, Major
hazards |
|
Chemical agents Directive
|
The Control of Substances Hazardous to Health
Regulations 2002 (COSHH, SI 2002 No.2677)3
and the Control of Lead at Work Regulations 2002 (CLAW, S.I. 2002
No.2676)3 came into force on 21 November
2002. The Regulations replace
the existing COSHH and CLAW Regulations and implement the health
requirements of the 1998 chemical agents Directive that are not already
covered in UK legislation. The Regulations place 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. Most of the changes
make explicit what is currently implicit in the former Regulations and
Approved Codes of Practice (ACoPs), although their replacements also
include a new requirement for employers, in certain circumstances, to draw
up detailed procedures for dealing with accidents, incidents and
emergencies that involve hazardous substances. Consultation closed on 21
January 2002: Proposals for implementing the
chemical agents Directive (98/24/EC) with new COSHH Regulations and CLAW
Regulations, CD 173, free (COMAH
Regulations leave accident rates undisturbed).1 The
revised versions of the ACoPs on COSHH (general), carcinogens, vinyl
chloride, biological agents and lead were due to be published at the end
of November 2002. The new COSHH ACoP will include an appendix providing
guidance on the control of substances that cause occupational asthma: The COSHH Regulations 2002, L5, ISBN 0 7176 2534
6' £10.50.1 Also published: Regulatory impact assessment for COSHH and CLAW,
Michael Ryan, HSE4, tel: 020 7717 6140.
|
|
|
The Dangerous Substances and Explosive Atmospheres
Regulations (DSEAR) will implement the safety requirements of the Chemical
agents Directive and the explosive atmospheres Directive (ATEX 137). The
Regulations, which were with the health and safety Minister, Nick Brown,
in mid-November for approval, will require employers to carry out a risk
assessment and eliminate or control risks, or reduce harmful effects from
fire and explosion, so far as is reasonably practicable. Additionally
DSEAR will repeal a large amount of old, outdated legislation relating to
petrol, and flammable substances and dusts, and it will modernise
legislation on the storage and dispensing of petrol in the workplace. The
HSC issued consultative documents on the proposals for DSEAR in February
2002; consultation closed on 20 May. The Regulations were due to come into
force in late summer 2002 but were delayed due to the large number of
responses to the condoc and some significant issues that were raised. An
overview of the consultation responses can be found in Commission Papers
HSC/02/70 (Annex 1) and HSC/02/71 at www.hse.gov.uk.
|
|
|
See Asbestos above for
implementation of the asbestos aspects of the Directive (CD 159).
|
|
COSHH
|
Consultation will close on 10 January 2003 on changes
to the Control of Substances Hazardous to Health Regulations 2002,
affecting mutagens and dioxins.
The changes will come into force by May 2003. Proposals for amending the COSHH Regulations 2002,
CD184, free.1
|
|
OEL reforms
|
The HSC received 48 sets of comments on its
discussion document suggesting major changes to the process of setting
occupational exposure limits (OELs) and for linking them to good practice
(Rethinking the limits). Of these, 46
agreed with the description of the problems with the present system and
were in favour of a change to a simpler system. A clear majority voted for
options 2 or 2A (linking OELs explicitly to good practice), with 2A coming
in slightly in the lead. The HSE was due to present a paper at the
Advisory Committee on Toxic Substances (ACTS) in late November and will
ask for consent to issue a full consultative document in summer 2003. The
HSE says it is still on schedule to implement changes to the framework and
COSHH regime in spring 2004. Consultation closed on 31 July 2002 on the
discussion document, Occupational Exposure Limits
framework, DDE19, free.1
|
|
|
Consultation ended on 7 June 2002 on 12 proposed
changes to the lists of occupational exposure limits (HSB 305). The HSE received 22 responses, of which
the general tenor was favourable. Copies of the responses: details at
notes 7,8. The HSE cannot yet confirm that
the changes will go into EH40 2003 - Occupational
exposure limits. They were due to be considered by the ACTS on 21
November 2002. If approved by ACTS, and the HSC at its December 2002
meeting, the new/revised limits will be implemented and publicised in
early 2003 in EH40. Condoc: COSHH Regulations 1999:
proposals for maximum exposure limits and occupational exposure
standards, CD182, free.1
|
|
|
A revised maximum exposure limit (MEL) for vinyl
chloride monomer came into force on 21 November 2002. This implements part
of the second amending carcinogens Directive.
|
|
Asthma
|
The new COSHH ACoP, which was due to be published in
late November 2002 following the implementation of the chemical agents
Directive (see above), includes an appendix providing guidance on the
control of substances that cause occupational asthma. The COSHH Regulations 2002, L5, ISBN 0 7176 2534 6
£10.50.1 The HSC announced on 10 October
2001 that it would produce an asthma ACoP (HSB 303), after analysis of 106 responses to its
November 2000 consultation document (HSB 295): Proposals for
reducing the incidence of occupational asthma, including an ACoP: Control
of substances that cause occupational asthma, CD 164, free or: www.hse.gov.uk. Consultation
closed on 16 February 2001.
|
|
Lead
|
The Control of Lead at Work Regulations 2002 (CLAW, SI
2002 No.2676)3 came into force on 21
November 2002 and implement part of the chemical agents Directive. Consultation closed on 21 January
2002 on HSC proposals to replace the CLAW Regulations (HSC takes CLAW to COSHH).
|
|
IOELV Directives
|
The HSC implemented the first Indicative Occupational
Exposure Limit Values (IOELV) Directive on 31 December 2001 (Health and safety: the state of play). A second IOELV
Directive is currently under negotiation in the tripartite Luxembourg
Advisory Committee's ad hoc group on chemical policies in the workplace -
the UK Government is represented on this group by the HSE. The original
text listed limits for 26 substances, and an opinion on the draft
Directive was adopted in May 2001 by the Luxembourg advisory committee on
safety, hygiene and health protection at work (a tripartite advisory
committee of the European Commission, responsible for discussing and
agreeing opinions on any health and safety proposal put forward by the
Commission. The most recent draft of the second IOELV Directive, which was
considered by the ad hoc group in September 2002, now lists limits for 44
substances. Negotiations in Europe will continue via the ad hoc group. But
it is not yet known when Member States will vote on these revised
proposals. Details: www.hse.gov.uk/hthdir/2ioelv.htm.
|
|
CHIP
|
The Chemicals (Hazard Information and Packaging for
Supply) Regulations 2002 (CHIP 3)3 came
into force on 24 July (HSB 311). CHIP 3 implements several EC Directives
and consolidates the changes that have been made to the original CHIP
Regulations since 1994. The most important new requirement introduced by
CHIP 3 concerns environmental classification and labelling for
preparations (HSB 302). Consultation closed on 11 December 2001:
Proposals for new amending Regulations about the
classification, packaging and labelling of chemicals: CHIP 3, CD 171,
free.1 Related publications: Approved supply list, seventh edition, L129, ISBN
0 7176 2368 8, £29.95;1 Approved classification and labelling guide, fifth
edition, L131, ISBN 0 7176 2369 6, £10.50;1 Approved Code of
Practice: Safety data sheets for substances and preparations dangerous for
supply, third edition, L130, ISBN 0 7176 2371 8, £7.95;1 CHIP for everyone,
HSG228, ISBN 0 7176 2370 X, £9.50;1 The idiot's guide to CHIP (2002), INDG350, ISBN 0
7176 2333 5, free;1 Why do I need a safety data sheet?, INDG353, ISBN
0 7176 2367 X;1 Read
the label: how to find out if chemicals are dangerous, INDG186, ISBN 0
7176 2366 1, free.1
|
|
NONS
|
The Notification of New Substances Regulations 1993
were amended on 17 September 2002 to introduce a reduced test package
(RTP) for chemical intermediates with low exposure to workers and the
environment (HSB 313). The changes implement part of the 28th
adaptation to technical progress (ATP) of the dangerous substances
Directive (OJ L225/21.8.01). The remainder was implemented through CHIP 3
(see above). The Notification of New Substances
(Amendment) Regulations 2002, SI 2002 No.2176.3 Information on NONS: www.hse.gov.uk/hthdir/noframes/nons/nons1.htm.
Condoc: Proposals for new amending Regulations for
the Notification of New Substances: NONS 2001, CD 178, free.1
|
|
Published
|
COSHH essentials: survey of
firms purchasing this guidance, CRR no.434/2002, ISBN 0 7176 2357 2,
£15 (COSHH advice essential for small
users);1 Mercury and its
inorganic divalent compounds in air, Methods for the determination of
hazardous substances 16/2, ISBN 0 7176 2348 3, £17.50;1 Dioxin exposure from
work-related activities, RR 027, ISBN 0 7176 2573 7, £10;1 n-Propyl Bromide hazard
assessment document, EH75/3, ISBN 0 7176 2350 5, £7.50;1 Controlling fumes
during plastics processing, Plastics processing sheet no.13, free;1 Working safely with
metalworking fluids, ISBN 0 7176 2561 3, £17.50.1
|
|
Computers |
|
|
Published
|
Preliminary assessment of
Linux for safety-related systems, RR 011, ISBN 0 7176 2538 9, £151 and Windows XP -
scoping study for the operating systems - integrity evaluation of Windows,
www.hse.gov.uk/td/index.htm#Safetycriticalsystems
(HSB
313).
|
|
Construction |
See also Work equipment |
|
CDM Regulations
|
The HSC published a discussion document to stimulate
change in the construction industry (HSB 313). Revitalising
health and safety in construction, www.hse.gov.uk/disdocs/construction.htm. Replies
should reach DD.construction@hse.gsi.gov.uk
by 31 December 2002. Following analysis of the comments, the HSC plans to
publish in 2003 a consultative document suggesting a way forward for the
Construction (Design and Management) Regulations 1999 (CDM) and the
Construction (Health, Safety and Welfare) Regulations 1996 (CHSW). 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 (see Work equipment).
|
|
Enforcement
|
The HSE published the work plan that its inspectors
will use in 2003. Inspectors will concentrate on falls from height,
workplace transport, manual handling, Hand Arm Vibration Syndrome (HAVS),
noise-induced hearing loss and allergic dermatitis. Summary: www.hse.gov.uk/press/2002/construct.htm. The HSE's
year-long series of enforcement blitzes continued with a week-long May
blitz at 444 sites in Scotland and the north of England that saw 54
inspectors serve 206 prohibition notices and 53 improvement notices. Three
in four of the prohibition notices covered risks associated with working
at height. A third blitz, in the West Midlands in June, found conditions
that were equally unsatisfactory (HSB 310). Meanwhile, the HSE successfully
prosecuted nine companies identified in the first blitz, in London, for
failures relating to potential falls from heights (HSB 311).
|
|
Directors
|
The deaths of three building workers in Hull in April
2000 finally resulted in the HSE laying charges against the property
developer and its managing director involved in the incident, Marketing
Exchange for Africa Ltd and Murli Motiram Thadani (HSE charges director over three
deaths). The trial is expected in 2003.
|
|
Small firms
|
On 10 September 2002, the HSE held the first in a
series of construction safety seminars for small contractors and the
self-employed. The seminars are organised under the Working Well Together
(WWT) partnership of employers, contractors, safety professionals,
suppliers, trade unions and the HSE. Details, tel: 0845 2727500, or
wwt.uk.com. The WWT campaign added a new category of small firms to its
annual construction safety awards (HSB 313). Details: Kylie Mettam, tel: 0207 862 0084
or email: kylie.mettam@octagon.com,
or WWT website: wwt.uk.com. The HSE combined Health and safety in construction and The absolutely essential health and safety toolkit for the smaller construction
contractor into a new online resource at wwt.uk.com (go to "Answers to
all your health and safety questions"). The HSE launched a website for
construction students, at: www.learning-hse.com. Also published: Stay safe building site safety, Stay safe series
for children, no.3, free.1
|
|
Contractors |
|
|
Published
|
Use of contractors? A joint
responsibility, INDG368, single copies free (HSE tells clients and contractors: "talk
to one another").1
|
|
Cost-benefit analysis |
See also Insurance |
|
CSR
|
In May 2002, the HSE announced plans to support
investors who are looking closely at health and safety performance to
boost investment opportunities. It also published research into the types
of health and safety indicators that investors want. The HSE is due to
take forward the report's recommendations and publish the results as
guidance by the end of the year. Health and safety
indicators for institutional investors: a report to the HSE, Mark
Mansley, Claros Consulting, February 2002 (Corporate social
responsibility).2
|
|
NHS costs
|
Consultation ended on 8 November 2002 on Department of
Health proposals to allow the NHS to recoup the costs of treating accident
victims from those who caused the injury (HSB 313). The
proposals, which would increase employers' insurance costs, came almost
three years after the Law Commission recommended the move to government
(HSB
284). The DoH is now analysing the responses. The recovery of NHS costs in cases involving personal
injury compensation, September 2002, DoH, www.doh.gov.uk/nhscosts , email: NHSCOSTS@doh.gi.gov.uk.
|
|
Electricity |
|
|
Published
|
Safety in electrical testing
at work: general guidance, INDG354,
free;1 Servicing and
repair of domestic appliances; Servicing and
repair of audio, TV and computer equipment; Switchgear and control gear; and Products on production lines, free, Engineering
information sheets nos.35-38, free (HSE issues
basic electrical testing advice);1 Keeping electrical switchgear safe, HSG230, ISBN
0 7176 2359 9, £9.50.1
|
|
Enforcement |
See also Construction, HSC/E, Local
authorities, Manslaughter, Transport -
roads |
|
Fines
|
There was just one notable fine in the period covered
by the table: Birmingham City Council (£150,000 fine and £56,000 costs,
HSB
311).
|
|
Safety Bill
|
The much-touted Safety at Work Bill was not included
in the 2002 Queen's Speech on 13 November 2002. The Government insists
that it remains committed to introducing the Bill, but will not say when
(HSB
308 and 301). 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 should: 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; tackle alcohol and drug use by safety-critical personnel in
aviation and shipping; raise maritime safety standards; and, if
legislation is needed, set a framework for delivery of the Government's
commitments on road safety (see Transport - roads
below). The provisions on substance abuse and Cullen were included in the
transport safety Bill announced in the November 2002 Queen's Speech.
|
|
Alternative report
|
A comprehensive report from the trade union Unison and
the Centre for Corporate Accountability (CCA) claimed the HSE is failing
to investigate eight in 10 major injuries at work. Safety last? The under-enforcement of safety law,
Unison and CCA. PDFs of the report and a summary are available by a link
from: www.corporateaccountability.org/HSEReport/Press.htm.
|
|
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 £1.25m fine and costs imposed
after their 1997 conviction for the Port Ramsgate walkway collapse (HSB
286). A similar situation exists with the fine imposed on
Geoconsult ZT GmBH of Salzburg, Austria after the Heathrow Tunnel
collapse.
|
|
EU |
See also Asbestos, Chemicals, Enforcement, Major hazards, Noise,
Physical
agents, Vibration, Work equipment, Working
time |
|
Presidency
|
The EU presidency has been with Denmark during the
second half of 2002. The Danish priorities for health and safety were to
achieve adoption of the noise Directive, conduct negotiations on a
Recommendation on self-employed workers, reach a common position on an
amendment to the Seveso II Directive, produce communications on pesticides
and chemicals. To date, it looks set to realise most of its aims (see
"Directives' progress" below).
|
|
EU strategy
|
On 3 June 2002, the EU Council of Ministers adopted a
Resolution approving the European Commission's "strategy" for improving
health and safety in the Union over the next five years. Council Resolution of 3 June 2002 on a new Community
strategy on health and safety at work (2002 -2006), OJ C
161/5.7.2002.9 The strategy contains few concrete legislative
proposals (HSB 308). 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.9
|
|
Directives' progress
|
The European Council adopted: Directives on vibration
and noise; a common position on a proposed Directive on asbestos; and made
progress on proposals on self-employed workers, an amendment to the Seveso
II Directive and the second Indicative Occupational Exposure Limit Values
(IOELV) Directive. Details are given elsewhere in this table.
|
|
Self-employed
|
The Economic and Social Committee adopted a broadly
supportive opinion on 18 July 2002 on a proposed Directive that would
extend EC health and safety law to self-employed workers. The effect of
the proposal would be limited in the UK, where most legislation covers the
self-employed. Opinion of the ESC on the proposal
for a Council recommendation concerning the application of legislation
governing health and safety at work to self-employed workers (OJ
C241/7.10.2002).9
|
|
Explosives |
|
|
Legislation
|
Consultation closed 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. Over 100 replies
were received, and they were generally supportive of the proposals.
Consultation also identified issues that require further consideration and
the HSE is currently engaged in discussion with stakeholders on these. It
is expected that the HSC will put forward final proposals for Regulations
next year. Subject to ministerial approval and Parliament, the Regulations
would come into force during 2004. Proposals for
new Regulations on the manufacture and storage of explosives, CD174,
www.hse.gov.uk.
|
|
Fire |
See also MHSW Regulations 1999 |
|
Legislation
|
After 10 years of delays and deliberation, the
Government finally published its proposals for consolidating and
rationalising workplace legislation on fire precautions (Prescott gives order to
fire). The Office of
the Deputy Prime Minister will use an order under the Regulatory Reform
Act "to simplify, rationalise and consolidate" up to 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.) Consultation closed on 22
November 2002 and the Government hopes to have the regime in place by
late-2003. 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 regime, insists the Government, "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". The complexity of the fire safety regimes has been the
subject of a Home Office review in 1993 (HSB 226), an
interdepartmental review in 1994 (HSB 227) and a
Home Office consultative document in 1997 (which received 500 responses,
HSB
265). 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 on fire
precautions). A Home Office working party started in 2000 to develop a
coherent regime (HSB 300), but responsibility for fire
safety subsequently shifted to different government departments, before
ending up with the Deputy PM. A consultation
document on the reform of fire safety legislation, www.odpm@twoten.press.net.
|
|
Gas |
See also Major Hazards |
|
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. 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 and officials are still
consulting with other government departments about issues that cut across
departments. Gas safety review: proposals for
change, www.hse.gov.uk. The HSE
received over 700 responses to its 1999 discussion document (HSB
284). 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
|
|
Pipelines
|
The HSC's three-month consultation on proposals to
amend the Pipelines Safety Regulations 1996 ended on 22 November 2002. The
HSE is currently analysing the responses. The changes would place a legal
commitment on pipeline operators to replace all gas-carrying iron pipes
identified within the iron mains replacement programme within a finite
period. Proposals for amendments to the Pipelines Safety Regulations 1996, CD183.1 The HSE also warned occupiers of sites and
local authorities with their own gas mains that they need to replace
medium-pressure ductileiron (MPDI) pipes.2
|
|
Published
|
A review of carbon monoxide
incident information for 1999-2000, ISBN 0 7176 2318 1, £25;1 The safe use of gas
cylinders, ISBN 0 7176 2332 7, packs of 10, or fax: 01787-313995;1 Gas appliances: get
them checked, keep them safe, INDG238, free1 and Landlords? A guide
to landlords' duties: Gas Safety (Installation and Use) Regulations
1998, INDG285, free1 or www.hse.gov.uk/gas.
|
|
Health |
See also HSC/E |
|
OH services
|
New HSE-commissioned research has found that only one
in seven workers in the UK has access to occupational health support
(HSB
311). Survey of use of occupational
health support, CRR 445/2002, ISBN 0 7176 2394 7, £20.1
|
|
HSC/E |
See also Enforcement, Local
authorities |
|
Revitalising health and
safety
|
Progress on the HSE's implementation of the 44 action
points from its core Revitalising health and safety
can be found throughout this table (eg Cost-benefit analysis above and Insurance below). The HSE's summary of
progress can be found at: www.hse.gov.uk/revitalising/progress/summary.htm.
Unfortunately, the HSE has not updated the progress pages since March
2002.
|
|
|
Nearly 500 corporate leaders attended a
"groundbreaking" government and HSC conference on 28 May on the Revitalising initiative (HSB 310).
|
|
|
Revitalising set targets
to be achieved by 2010 (HSB 301). 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.
|
|
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.
Details are given throughout this table (see, for example, Stress and Work-related upper-limb disorders below)
and are available on the strategy's website, which also has a monthly news
update, the programme of work and a best practice database: www.ohstrategy.net/.
|
|
Workplan
|
The HSC/E published their Business plan (www.hse.gov.uk) for taking forward the
priorities described in last year's strategic workplan (Considering counselling). The
business plan reviews progress that has been made in each of the eight
priority areas, enforcement and policy activity.
|
|
Government
|
The HSC/E were relocated on 24 July 2002 to the
Department for Work and Pensions (HSB 312). They
had been in limbo in the Department of Transport since 29 May 2002 when
their sponsoring department (Transport, Local Government and the Regions)
was split up following the resignation of Stephen Byers on 27 May.
Although safety minister Alan Whitehead was sacked on 29 May, it took
almost five months for the Government to replace him with Nick Brown, the
Minister of State for work (HSB 313).
|
|
Research
|
The HSC/E published a draft version of their future
research plans: HSC/E strategic research outlook
2003, www.hse.gov.uk/research. Comments should reach simon.armitage@hse.gsi.gov.uk
by 20 December 2002. The HSE will publish the final version of the
document in February 2003.
|
|
Campaign
|
The HSE published a compilation of its 50 Worksmart TV mini-programmes on workplace health
and safety and HSB 301). The HSE and Granada TV
initiative first ran in the second half of 2001. Worksmart video compilation, ISBNs 0 7176 2575 3
(video) and 0 7176 2579 6 (DVD), £25 plus VAT.
1
|
|
Published
|
Race equality scheme, www.hse.gov.uk, free
(HSB
311); Health and safety in the HSE
for 2001/2002, PP/AR/2000-01/Report/06.01/MH/AL, www.hse.gov.uk.
|
|
Human factors |
|
|
Worker behaviour
|
HSE-published research claimed that behavioural
modification techniques can promote workforce behavioural safety: Strategies to promote safe behaviour as part of a
health and safety management system, CRR430/2002 ISBN 0 7176 2352 1
£15 (HSB
311).1 Campaigners reacted to
the report's claims with dismay (HSB 312).
|
|
Published
|
Human factors aspects of
remote operation in process plants, CRR 432/2002, ISBN 0 7176 2355 6
(HSB
311).1
|
|
Insurance |
|
|
Employers' liability
|
The growing crisis in Employers' Liability insurance
forced insurers' trade bodies to warn employers to improve their health
and safety performance (Crisis in
employers' liability insurance forces health and safety management into
the limelight). The British Insurance Brokers Association identified
dozens of businesses that have closed down after failing to secure EL
cover. The Association of British Insurers issued proposals to reform EL:
Workplace compensation - the case for reform and a
vision for the future (www.abi.org.uk/). The HSE was to have set up a
steering group to discuss the possibility of using insurance premium
levels as an incentive to improve safety performance: Instead, it has
decided to "dovetail" with other government departments and the insurance
industry.
|
|
Incentives
|
The HSE published a major report it had commissioned
on the role that insurance could have on heath and safety at work. The
report recommended the replacement of Employers' Liability insurance with
a no-fault scheme. Changing business behaviour -
would bearing the true cost of poor health and safety performance make a
difference?, CRR 436/2002, ISBN 0 7176 2362 9 £20 (Corporate social
responsibility).1
|
|
Legislation |
|
|
Queen's Speech
|
The Government's 2002/03 legislative programme,
announced on 13 November 2002, failed to include a Safety at Work Bill
(see Enforcement) or a new offence of
corporate killing (see Manslaughter). It
did herald a new transport safety Bill, which will set up a Railway
Accident Investigation Branch alongside the HSE's own rail inspectorate.
The Bill will cover other railway safety issues and set alcohol limits for
ships' captains and pilots. The Bill also contained some measures that
could have a workplace safety application, including a review of
sentencing and the presentation of an alleged offender's previous
convictions in evidence, and not just for sentencing purposes. Finally,
the maximum prison sentence available to magistrates is to rise from six
to 12, and possibly 18, months. It is not certain whether or not this
right will be extended to cover the small number of HSW Act breaches that
attract a prison sentence.
|
|
Regulations made
|
The Health and safety (Miscellaneous Amendments)
Regulations 2002 (SI 2002 No.2174); The Control of Asbestos at Work
Regulations 2002 (SI 2002 No. 2675); The Control of Substances Hazardous
to Health Regulations 2002 (SI 2002 No.2677); The Control of Lead at Work
Regulations 2002 (SI 2002 No.2676); The Chemicals (Hazard Information and
Packaging for Supply) Regulations 2002; The Notification of New Substances
(Amendment) Regulations 2002, SI 2002 No.2176); The Offshore Safety
(Miscellaneous Amendments) Regulations 2002 (SI 2002 No.2175); The
Packaging, Labelling and Carriage of Radioactive Material by Rail
Regulations 2002 (SI 2002 No.2099).3
|
|
Miscellaneous amendments
|
The Health and safety (Miscellaneous Amendments)
Regulations 2002 came into force in September (SI 2002 No.2174, ISBN 0
11042693 2, £2,3 HSC changes eight sets of Regs to
allay EC criticisms). They amend Regulations on display screen
equipment (DSE), manual handling operations, personal protective
equipment, the workplace, provision and use of work equipment (PUWER),
lifting operations and lifting equipment, first aid, and quarries. Most of
the changes are minor and will have little practical effect for those
complying with the existing law. Employers should, however, pay particular
attention to the DSE and PUWER changes. The Regulations rectify
deficiencies in the implementation of European Directives and clarify
"minor drafting problems". Consultation closed on 1 February 2002 (CD175,
free)1; the HSE received almost 200
responses - a higher than average return. The 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 HSE's analysis of the returns is at: http://213.212.77.20/foi/hsc_meetings/2000/papers/index.htm.
|
|
Leisure |
See also Explosives |
|
Published
|
Giving your own firework
display, 3rd edn, HSG124, ISBN 0 7176 0836 0, £5.75,1 Working together on
firework displays, addendum, HSG123, ISBN 0 7176 2478 1, £8.95;1 Combined water and rock
activities: guidance for providers, Supervision
of ropes courses and Maintenance of ropes
courses, Entertainment sheet nos. 13-15, www.hse.gov.uk/pubns/entindex.htm; Health and safety in golf course management and
maintenance, HSG79, free.1
|
|
Local authorities |
|
|
Enforcement
|
The number of local authority staff who enforce health
and safety at work legislation fell to an all-time low in the year to 31
March 2001. The figures, which were published in April 2002, resulted in a
decline in local authority enforcement (LA safety
enforcement officer total hits all-time low).
|
|
Major hazards |
|
|
Seveso II
|
The EC adopted a proposal on 10 December 2001 to amend
the Seveso II Directive (No.96/82/EC). The Directive is implemented in the
UK through the Control of Major Accident Hazards Regulations 1999 (COMAH).
The amendment to Seveso II adds seven carcinogens to the list of
substances that trigger the Regulations and makes other changes affecting
petrol, explosives and substances dangerous to the environment. The
Environment Council reached political agreement on a common position on 17
October 2002 on the amendment as well as a change in respect of ammonium
nitrate (see "Notification" below). The Economic and Social Committee
adopted an opinion on 24 April (OJ C149/21.6.2002). The European
Parliament (EP) adopted its first opinion on 4 July 2002. The Commission
is currently considering the proposal and EPopinion. A formal common
position is expected by the end of 2002. The HSE expects it will be two
years before implementing Regulations come into force in the UK.
|
|
Charging
|
The HSC will consider in December 2002 reports on the
evaluation of the gas transportation, offshore and railways charging
schemes. The reports will then go to ministers and should be available at
www.hse.gov.uk/charging/index.htm in January 2003.
The HSE has also published, at the same address, four reports evaluating
the effects of its charging for work associated with the Control of Major
Accident Hazards Regulations (COMAH, HSB 309).
|
|
Notification
|
Consultation closed on 3 October 2002 on HSC proposals
to lower the notification threshold for storage of ammonium nitrate from
500 tonnes to 150 tonnes. The HSE is now analysing the responses. The
proposals follow the deaths of 30 people in an explosion in an ammonium
nitrate stack at a Grande Paroisse/AZF Factory in Toulouse, France on 21
September 2001 (see Seveso II above and HSB 312).2
|
|
Regulation
|
Consultation will close on 6 December 2002 on a Draft HSC policy statement on permissioning regimes
(www.hse.gov.uk/condocs/cl001.htm). Such regimes
make the start or continuation of work activities conditional upon the
consent, licence or acceptance of a safety case or report by the safety
regulator (HSB 313). The condoc follows a
consultation exercise that closed on 28 January 2001 on an HSE discussion
document on 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). Regulating higher hazards - exploring the issues,
DDE15, www.hse.gov.uk or1.
|
|
MHSW Regulations |
|
|
Civil liability
|
The HSE expects the removal of the civil liability
exclusion from the Management of Health and Safety at Work Regulations
1999 (MHSW) and the Fire Precautions (Workplace) Regulations 1997 to come
into effect in February or March 2003. Consultation was extended until 28
March 2002 on the HSC proposals, and the HSE received 126 responses. The
HSC approved the HSE's analysis in early October 2002, without comment,
and the HSE is currently finalising the draft Regulations before sending
them to Ministers. Consultative proposals to amend
the MHSW and the Fire Precautions (Workplace) Regulations 1997, CD177,
www.hse.gov.uk (MHSW rethink will allow workers
to sue employers).
|
|
Manslaughter |
See also Legislation |
|
Corporate killing
|
The Queen's Speech on 13 November 2002 did not include
a Bill to introduce a new offence of corporate killing (Penalising corporate killers),
although the Government did confirm that it remains committed to reforming
the current laws of manslaughter. The Home Office wrote on 10 September
2002 to organisations representing industries with an above average number
of serious injuries, asking them for information by 1 November 2002 to be
used in its impact assessment on the proposals. This was then extended
until the end of November. 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. Unresolved issues concern the sanctions
that can be taken against individual directors, although the Home Office's
September 2002 letter indicated that individual directors would not now
become liable under the new offence. 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 and remedy orders. Disqualification of
directors now looks unlikely (although it is already provided for in
existing legislation) and imprisonment appears to have been rejected. 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
|
On 18 October 2002, the Court of Appeal quashed the
conviction of a building contractor for the manslaughter of two employees.
Brian Dean had been jailed on 24 May 2002 at Stoke-on-Trent Crown Court
for two concurrent terms of 18 months after a father and son, Michael and
Carl Redgate, were killed in a tunnel kiln collapse (HSB 310).
|
|
Manual handling |
|
|
Back pain
|
Evaluation of the HSE-Department of Health initiative
on tackling back pain at work showed that interventions can be successful.
Initiative evaluation report: Back in work, CRR
441/2002, ISBN 0 7176 2377 7, £30 (HSB 311).1
|
|
Mines and quarries |
|
|
Published
|
Respirable crystalline silica
- phase 1, EH74/4, ISBN 0 7176 2374 2, £7.50;1 Mines rescue
arrangements: future options, CRR 448/2002,
ISBN 0 7176 2515 X £15; Guidance on the design,
installation and use of free-standing support systems (including powered
supports) in coal mines, ISBN 0 7176 2128 6, £11.1
|
|
Noise |
|
|
Directive
|
New noise Regulations are expected to come into force
in the UK in late 2005 following agreement in Europe on the text of a new
noise Directive. The Directive, which underwent the conciliation
procedure, should be formally adopted before the end of 2002 and, once it
is published in the Official Journal of the European Communities, the UK
will have three years in which to implement its provisions. The Directive
replaces the 1986 noise Directive and will result in the replacement of
the Noise at Work Regulations 1989. It fixes lower exposure limit values
and action values. The HSE reports that it has secured significant
improvements to the original proposal, although it was unable to achieve
either of its two initial aims. Directive of the
European Parliament and of the Council on the minimum health and safety
requirements regarding the exposure of workers to the risks arising from
physical agents (noise) (17th individual Directive within the meaning of
Article 16(1) of Directive 89/391/EEC), free. Common position was
adopted at the end of October 2001 (HSB 305). The
Directive stems from a 1993 proposal for a single physical agents
Directive covering noise, vibration and non-ionising electromagnetic
radiation (see Physical agents
below). 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 (Directive would lower noise
limits). 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).
|
|
Published
|
Noise at work - advice for
employers, INDG362, free;1 Protect your hearing - or lose it, INDG363, free
(HSB
313);1 Noise levels and noise exposure of workers in pubs and
clubs - a review of the literature,
Research Report 026, ISBN 0 7176 2571 0, £15 HSB 313);1 Reducing noise from CNC
punch presses, Engineering information sheet no.39, free;1 Behavioural studies of
people's attitudes to wearing hearing protection and how these might be
changed, Research Report 028, ISBN 0 7176 2155 3;1 Sound solutions for the
food and drink industries - reducing noise in food and drink
manufacturing, HSG 232, ISBN 0 7176 2548 6,
£15.95.1
|
|
Nuclear |
See also Major hazards,
Radiation |
|
Incidents
|
There were two nuclear incidents at licensed
installations between 1 January and 31 March 2002, at Dungeness B and
Heysham 1, both run by British Energy Generation Limited (BEGL). There
were no nuclear incidents between 1 April and 30 June 2002. Statement of nuclear incidents at nuclear
installations: first quarter 2002, free (HSB 313).5
|
|
Published
|
A review by the HSE's Nuclear
Installations Inspectorate (NII) of the strategy of Imperial College of
Science, Technology and Medicine for the decommissioning of its nuclear
site, www.hse.gov.uk/nsd/qqreview/icqqr.htm; A review by the HSE's NII of the strategy of Amersham
plc for the decommissioning of its nuclear sites, www.hse.gov.uk/nsd/qqreview/naqqr.htm; A review by the HSE's NII
of the strategy of Rolls Royce Marine Power Operations Ltd for the
decommissioning of its nuclear sites, www.hse.gov.uk/nsd/qqreview/rrqqr.htm (HSB
310); Portable nuclear
moisture/density gauges in the construction industry, Ionising
Radiation Information Sheet no.3, free.1
|
|
Offshore |
See also Major hazards |
|
Legislation
|
The Offshore Safety (Miscellaneous Amendments)
Regulations 2002 (SI 2002/2175)3 came into
force on 17 September 2002, and ensure that all parts of an offshore
installation are covered by appropriate health and safety legislation
(HSB
313). Related guidance: A guide to
the Offshore Installations and Pipeline Works (Management and
Administration) Regulations 1995, ISBN 0 7176 2572 9.1 Also published: Regulating health and safety in the UK offshore oil
and gas fields - who does what?1 or www.hse.gov.uk.
|
|
Partnership |
See also Accidents |
|
Grants
|
Health and safety projects secured financial backing
in the latest round of awards made under the Department of Trade and
Industry's Partnership Fund (HSB 311).
|
|
PPE |
See also Legislation |
|
Product Directive
|
The Personal Protective Equipment Regulations 2002 (SI
2002 No.1144, ISBN 011 039830 0, £4)3 came
into force in May 2002. They consolidate and replace the PPE (EC
Directive) Regulations 1992, which implemented the 1989 single market
Directive on PPE products (No.89/686/EEC, HSB 311).
|
|
|
The Commission is in the early stages of a major
review of the 1989 Directive. The review is looking at clarifying the
Directive's scope and making it easier to understand. The Department of
Trade and Industry sought comments on the Commission's working text.
Consultation closed on 21 September and the DTI will be using the
responses to inform a reply to the Commission's imminent cost-benefit
analysis of the proposal. The Commission is expected to present a
finalised proposal to the European Council and Parliament in early 2004.
Working paper - draft text for a proposal to amend
Directive 89/686/EEC, www.dti.gov.uk/strd/.
|
|
Published
|
Inspecting fall arrest
equipment made from webbing or rope, INDG367, free;1 Protective clothing and
footwear for use with ultra high pressure water jetting, Sector
information minute, HSE Nottingham office, tel: 0115 971 2800.
|
|
Pesticides |
See also Agriculture |
|
Incidents
|
The number of pesticide incidents fell in 2001/02 from
2000/01 by just three to 167, despite the reduced access to the
countryside caused by foot and mouth disease. Pesticide incidents report for 2001/02.6
|
|
Published
|
Dermal exposure resulting from
liquid contamination, RR004, ISBN 0 7176 2530 3, £25 (HSB
313).1
|
|
Physical agents |
See also Noise and Vibration |
|
Directives
|
In 1993, the European Commission issued a proposal for
a physical agents Directive covering four areas. The proposal failed to
make progress, and the Commission decided to pursue the matter via four
separate Directives; those on noise and vibration have been agreed. The
HSE expects the Danish presidency of the EU to publish a proposal before
the end of 2002 on electromagnetic fields and waves. A proposal on optical
radiation will follow, but not until 2003 at the earliest.
|
|
Practitioners |
|
|
NVQs
|
The Employment National Training Organisation
introduced new level 5 National Vocational Qualifications for senior
health and safety practitioners and inspectors. Standards and
qualifications CD-ROM, www.empnto.co.uk, £32.50 (Getting the ticket).
|
|
Pressure |
|
|
Published
|
Probabilistic methods: uses
and abuses in structural integrity, CRR 398/2001, ISBN 0 7176 2238 X,
£25.1
|
|
Railways |
See also Major Hazards |
|
HSE strategy
|
On 23 May 2002, the HSC published its Strategy for improving health and safety on the
railways 2002-2005, www.hse.gov.uk/hsc/strail.pdf rail safety
strategy.
|
|
Accidents
|
Provisional statistics for the year ending 31 March
2002 show a continued reduction in important safety indicators, such as
deaths and collisions. Railway safety statistics bulletin 2001/02, www.hse.gov.uk/railway/rsb0102.pdf.
|
|
Hatfield
|
The HSC published on 22 August 2002 the
recommendations of the independent Investigation Board into the 2000
Hatfield derailment, in which four people were killed (HSB 312). The
immediate cause was the fracture and subsequent fragmentation of the
track; the final report will be published after the conclusion of any
legal proceedings. The Board has also forwarded a dossier to the Crown
Prosecution Service. Hatfield derailment
investigation: interim recommendations of the Investigation Board, www.hse.gov.uk/railway/hatfield/investigationb1.pdf.
|
|
Potters Bar
|
The HSE published a progress report on its
investigation into the Potters Bar derailment on 10 May 2002, in which
seven people were killed (HSB 311). The report, which covers the
period until 30 June 2002, confirms the findings of the HSE interim report
published four days after the incident (HSB 309). The
main finding remains that the derailment resulted from the absence of nuts
on adjustable stretcher bars in the points, which caused them to fail
catastrophically. Problems have also been found in 20% of the points
tested in the Potters Bar area. Train derailment at
Potters Bar, 10 May 2002: a progress report by the HSE investigation board
to the end of June 2002, www.hse.gov.uk/railway/pottersbar/index.htm.
|
|
Rolling stock
|
The HSE granted exemptions on 24 October to three
train operating companies (TOCs) that will allow them to use Mark 1
rolling stock, without specified modification, until 31 December 2004. The
exemptions are conditional on any Mark 1 stock operated by the TOCs after
31 March 2003 forming part of a train fully fitted with the Train
Protection Warning System. The three TOCs are South West Trains, Connex
South Eastern and GoVia (formerly Connex South Central). Exemption
details: www.hse.gov.uk/railway/rollst.htm.
|
|
Cullen Part 2
|
The HSC completed its consultation at the end of April
2002 on amendments to the Railways (Safety Case) Regulations 2000,3 to bring the safety regime in line with the
Rail Regulator's proposed, independent Railway Industry Safety Body. The
HSC accepted the resulting proposed amendments in September 2002 and they
are expected to be submitted to ministers by the end of 2002. These
amendments will simplify the safety case acceptance process and will move
toward independent annual audit by a competent body. The new Regulations
should come into effect in late March 2003 at, or before, the
establishment of the Rail Industry Safety Body. Consultation paper: www.hse.gov.uk.
|
|
Train protection systems
|
The HSC is consulting on how to develop an Automatic
Train Protection (ATP) system on the UK's railways. The consultation
arises because the HSC must make a recommendation to the Government early
next year. Following the Ladbroke Grove and Southall collisions - which
ATP would have prevented - the HSC set up an inquiry headed by Professor
Uff and Lord Cullen into train protection systems (The future for UK train protection
systems). In March 2001, their report, the Joint inquiry into train protection systems,
recommended that the European Rail Traffic Management System (ERTMS) be
fitted to Britain's high-speed lines by 2010 and other main lines by 2015.
ERTMS incorporates the safety benefits of ATP, but the rail industry
called in April 2002 for a more complex form of ERTMS to be fitted to
high-speed lines by 2015 and other main lines by 2030. The HSC's
consultation started on 7 November 2002 via a new website, ATP on Britain's railways? We want your views, at
www.hse.gov.uk/railway/atp. Responses to: atpviews@hse.gsi.gov.uk
or Directorate of Railway Policy, HSE4. Consultation closed on 12 April
2002 on a separate consultation exercise, on the form of Regulations that
would require the fitting of the ERTMS (HSB 306).
|
|
London Underground
|
On 10 July 2002, the HSE formally accepted London
Underground Ltd's (LUL) revised version 3.1 of its railway safety case
(HSB
312). This allows LUL to implement its proposals to run the
tube as a Public Private Partnership (PPP).
|
|
Radioactive material
|
The Packaging, Labelling and Carriage of Radioactive
Material by Rail Regulations 2002 came into force on 2 September (SI 2002
No.2099, ISBN 0 11 042651 7, £6,3 or free
at: www.hmso.gov.uk). They implement
Directive 2001/6/EC (the third adaptation of Council Directive 96/49/EC)
and replace the relevant parts of the Packaging, Labelling and Carriage of
Dangerous Goods by Rail Regulations 1996 (HSB 312).
|
|
Published
|
The use of contractors in the
maintenance of the mainline railway infrastructure, www.hse.gov.uk/hsc/contrail.pdf (HSB
311); Guidance on the provision of
equipment and arrangements for evacuation and escape from trains in an
emergency, INDG358, www.hse.gov.uk/pubns/indg358.pdf; Guide to the authorisation of structural
subsystems, www.hse.gov.uk/railway/subsystems/index.htm; The Channel Tunnel safety annual report 2001-2002'
ISBN 0 11 552542 4, £45.3
|
|
RIDDOR |
See also Accidents |
|
Advice
|
The HSE updated its leaflet that advises employers on
how to report injuries, diseases and dangerous occurrences and how to use
the HSE's incident contact centre, which opened in April 2001 (HSB
298). RIDDOR reporting: what the
incident contact centre can do for you, MISC310(rev1), free.1
|
|
Safety reps |
|
|
Review
|
The HSE now hopes to publish a consultative document
sometime after January 2003 that will cover the harmonisation of
Regulations on consulting with employees on health and safety issues, the
workers' safety adviser pilot scheme (see below) and non-legislative
proposals to improve employee involvement in health and safety. The HSC
had earlier confirmed that it is to replace the Safety Representative and
Safety Committees Regulations 1977, as part of a two-part strategy to
improve employers' consultation with workers (HSC confirms repeal of safety reps
Regs). The strategy follows the HSE's analysis of 850 responses to a
1999 discussion document (DDE12, HSB 284). The
condoc was originally due to be published in spring 2001. In the
medium-term, the HSE 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.
|
|
Construction
|
A study of Irish construction sites found that safety
representatives play a critical role in ensuring safety compliance. Safety behaviour in the construction sector,
Occupational Safety and Health Institute of Ireland, www.has.ie/pub/publications/conbehav.pdf (HSB
312).
|
|
Pilot
|
The six-month Workers Safety Advisor Pilot Scheme was
due to finish at the end of November 2002. An analysis will then be
complied by York Consulting, and the HSE hopes to make available
information on the effectiveness of the scheme in spring 2003. 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 scheme covers the retail, hospitality, voluntary, construction and
automotive/fabrication sectors (HSB 301).
|
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Small firms |
See also Construction |
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Grants
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The HSE launched a pilot grant scheme to help small
firms tackle health and safety performance (HSB 312).
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Smoking |
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ACoP
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There has been no progress on the introduction of an
Approved Code of Practice (ACoP) for passive smoking at work. The HSC
recommended an ACoP to ministers on 5 September 2000 (HSB 292). 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. An
Office of National Statistics survey found a small rise in the percentage
of workers reporting that smoking is not allowed at their work premises.
Smoking-related behaviour and attitudes,
National Statistics, tel: 020 7533 5702, ISBN 1 85774 503 5, free (HSB
311).
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Stress |
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Standards
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The HSE confirmed on 15 May 2002 that it will pilot
the first phase of its stress management standards in 2003, with a final
phase in 2005. It hopes the standards will provide a clear yardstick
against which to measure an employer's management of stress. commissioned
research concluded that it is still not possible to produce definitive
information about how workplace stressors affect workers. Review of existing supporting scientific knowledge to
underpin standards of good practice for work-related stressors - phase
1, IES, RR 024, ISBN 0 7176 2568 0, £251 or www.hse.gov.uk/research/rrhtm/index.htm (see next
HSB).
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Compensation
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The Court of Appeal followed its landmark February
2002 guidance on stress compensation claims by ruling in favour of a Post
Office employee who suffered a stress-related illness. The appeal judges
said that the Post Office would probably have won its appeal had it
implemented its plan for the employee's rehabilitation. ,
[2002]EWCA Civ 66 (HSB 310).
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Bullying
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On 17 July 2002, the Royal Mail announced that it had
agreed a confidential settlement with the family of an employee who had
committed suicide. The company admitted that bullying by some of its
employees had contributed to the 1999 suicide of Jermaine Lee, a young
black postman (HSB 312).
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Cardiovascular link
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University of Birmingham research cast doubt on a link
between psychological stress and cardiovascular disease. Psychological stress and cardiovascular disease:
empirical demonstration of bias in a prospective observational study of
Scottish men, BMJ vol. 324, 25 May 2002 (HSB 310).
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Safety week
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The European Week for Safety and Health, which ran
from 14 October 2002, concentrated on psychosocial risks. The HSE used the
week to package different initiatives, notably revisions to its website
pages that provide information and training material on workplace
stress.10 The new pages will include
developments on stress management standards and additional materials to
help managers complete a risk assessment for work-related stress (HSB
313). The HSE also launched a major awareness initiative on
preventing work-related stress, involving a media advertising campaign,
advice and action line. Stress action pack, HSE
stress action line, tel: 0845 6081818.
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Published
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Interventions to control
stress at work in hospital staff, CRR 435/2002, ISBN 0 7176 2360 2,
£20 (Risk management can reduce stress
problems in NHS);1 The development of a practical heat stress assessment
methodology for use in UK industry, RR 008, ISBN 0 7176 2533 8,
£25.
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Transport - roads |
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Work-related driving
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The HSC accepted - fully or partially - 15 of the 18
recommendations of the report of the Government's Work-related Road Safety
Task Force (HSC heads for the highway).
The report recommended that employers manage at-work road safety in much
the same way as they tackle workplace risks. The HSC sent its response to
the report to ministers on 29 May 2002. The HSC/E have now agreed plans
with the Department for Transport (DfT) to address the report's
recommendations. The HSE's programme will concentrate on: working with
industry to develop and promote best practice; awareness raising;
intelligence and data collection; clarifying investigation and enforcement
arrangements between the police, the HSE and local authorities; research;
and guidance. Specifically, the HSE intends to issue general guidance for
employers by summer 2003, and a policy statement on work-related road
safety to clarify employers' duties. At this stage, the HSE does not
envisage changes to its enforcement priorities, which have been outlined
in the published enforcement policy statement. These will be reviewed in
2004. The HSC's response was subsequently criticised by an all-party
Select Committee, which felt that it was reluctant fully to take on road
safety: Road traffic speed, Select Committee on
Transport, Local Government and the Regions, ninth report, July 2002, www.publications.parliament.uk/pa/cm200102/cmselect/cmtlgr/557/55703.htm
(HSB
311). The DfT has formally responded to the select
committee's report; the HSE was consulted and the response incorporates
its views.
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The task group's report was published on 22 November
2001. Reducing at-work road traffic
incidents,1 or www.hse.gov.uk/road/noframes/index.htm (COMAH Regulations leave accident
rates undisturbed). 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, DDE16,
www.hse.gov.uk/disdocs/ or1. 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
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Mobile phones
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Consultation closed on 25 November 2002 on Department
for Transport proposals for an offence that would prohibit the use of any
hand-held mobile phone or similar device by drivers (Mobiles on the move). The DfT
intends introducing the legislation in early 2003. Mobile phones and driving - proposal for an offence of
using a hand-held mobile phone while driving, 20 August 2002, www.roads.dft.gov.uk/roadsafety.
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Transport -
workplace |
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Accident prevention
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Employers want more specific, clearer and more
accessible guidance on workplace transport, according to the HSE's
analysis of responses to its discussion document on workplace transport.
Consultation closed on 10 May 2002 on the document, Preventing workplace transport accidents, DDE18,
free (Transport: Third time lucky for
HSE workplace transport plans?).1 The
document set out the HSE's inspection plans and sought views on seven
specific areas. The HSE has published a new interactive virtual reality
CD-ROM that it used to develop health, safety and welfare standards in
workplace transport. The HSE would like feedback on the CD-ROM. (MISC482,
free1. Comments to: workplace.transport@hse.gsi.gov.uk
or Workplace Transport and Special Hazards, HSE4.)
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Vibration |
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Directive
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EU ministers adopted a Directive on 21 May 2002 that
sets minimum standards for employees exposed to mechanical vibrations (OJ
L177/6.7.02, http://europa.eu.int). The
Directive is the second individual physical agents Directive (see Noise above). The HSE held informal
meetings over the summer with government departments and industry, and
will publish a condoc in summer 2003 on implementation. Interim comments
can be sent to Brian Coles, HSE Health Directorate4, tel: 020 7717 6893, email: brian.coles@hse.gsi.gov.uk.
Directive details (HSB 311 and The EC vibration Directive).
Progress details (Ministers place vibration
proposals on shaky ground, EU Parliament
toughens vibration values and HSB 301).
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Violence |
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Standards
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Employers can purchase National
occupational standards in managing work-related violence (CD-ROM,
£32.50, Employment NTO, tel: 0116 251 9727, website: www.empnto.co.uk).
The standards cover policies, investigations and assessing training needs.
The HSE published case study-based guidance on tackling work-related
violence for managers of small and medium-sized enterprises. The guidance
is based on the HSE's core advice, but emphasises that preventive measures
do not have to be expensive. Work-related violence:
managing the risk in smaller businesses, HSG 229, ISBN 0 7176 2358 0,
£9.50.1
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Work equipment |
See also Legislation |
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PUWER
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The HSE again reminded users of mobile work equipment
that they must comply fully with the Provision and Use of Work Equipment
Regulations 1998 (PUWER) by 5 December 2002 (HSB 306).
Mobile work equipment includes forklift trucks, dumper trucks and
tractors. While all new mobile equipment has had to comply with part III
since December 1998, existing equipment has enjoyed a four-year
transitional period.
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Directive
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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. The HSC intends to implement the
Directive in Great Britain through a single set of new Regulations
covering all industry sectors. The HSE aims to publish a consultative
document with draft Work at Height Regulations early in 2003. The HSE
reports much informal activity, including discussions with industry
representatives on how it might implement the Directive. 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 (HSB 294) 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). 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
L195/19.7.2001.9 HSE contact: David
King, tel: 020 7717 6349, or email: David.King@hse.gsi.gov.uk.
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Machinery
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The UK formally complained to the European Commission
that a European Standard on hydraulic presses lowers existing protection
levels in the UK (HSB 313).
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Lifts
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The HSE issued a statement on lifts, covering legal
requirements and horizontal sliding doors. The HSE is asking for examples
of accidents and near-misses involving lift-landing door retaining
systems, and remedial actions. HSE contact: Ian Britten, e-mail: ian.britten@hse.gsi.gov.uk.
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Published
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Using work equipment
safely, INDG229(rev1), ISBN 0 7176 2389 0, free;1 Reducing ill health and
accidents in motor vehicle repair, INDG 356, free;1 Power-fed mobile wood
chippers - operator protection at infeed chutes, AIS 38, free1 or www.hse.gov.uk/pubns/agindex.htm; Safe working with vehicle air-conditioning
systems, INDG349, free.1
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Working time |
See also Young workers |
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Directive
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The Department of Trade and Industry published
proposals on 31 October 2002 to extend aspects of the working time
Directive to workers who are currently excluded from its provisions. Measures to implement Directive 2000/34/EC of the
European Parliament and of the Council amending Council Directive
93/104/EC concerning certain aspects of the organisation of working time
to cover sectors and activities excluded from that Directive, URN
02/1424, DTI publications orderline, tel: 0845 6000 925, free or DTI
website: www.dti.gov.uk/er/work_time_regs/hadconsult.htm.
Consultation closes on 31 January 2003. A full review will appear in HSB
315.
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Prosecution
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TM Retail Marketing, trading as Forbuoys Ltd, became
the first company to be prosecuted under the Working Time Regulations
1998. Thetford magistrates fined the newsagent £5,000 on 12 August 2002
after it admitted failing to protect manager Maureen Lumbard by limiting
her working hours to an average of 48 hours a week (HSB 313).
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Work-related upper-limb disorders See also Legislation |
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Courts
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The HSE published research on how courts are
interpreting HSE guidance on work-related upper-limb disorders (HSB
312). The HSE is now working on amendments to the guidance
on the Display Screen Equipment Regulations 1992, which will be published
early next year. How the courts are interpreting
HSE guidance and health and safety regulations: an exploratory study of
court judgements in personal injury claims for WRULDs, RR010 ISBN 0 7176 2536 2, £15.1
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Published
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Sensory and autonomic function
and ultrasound nerve imaging in RSI patients and keyboard workers. CRR
417/2002, £10 (RSI - a meaningful place in
medical textbooks after all?).1
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Young workers |
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Working hours
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The Department of Trade and Industry is currently
considering responses to its proposals further to limit the working time
of workers between the school minimum leaving age and aged 18. The 12-week
consultation started on 14 June 2002 and would limit working time to 40
hours a week and eight hours a day, and would prohibit night working
between 10pm and 6am or 11pm and 7am. Some sectors and activities are
exempt from the night restrictions, including hospitals, bakeries, and
post and newspaper deliveries. The consultation is necessary because the
UK's opt-out from the provisions ended on 22 June 2000. A subsequent
consultation on the ramifications ended on 30 March 2001; the latest
condoc reflects those comments Published: Check it
out: risk assessment for young people on work placement, ISBN 0 7176
2351 3, free.1
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