Health and safety: the state of play

HSB's state-of-play table reviews all HSC/E activity and other important developments in the period from 16 November 2002 to 13 June 2003 (HSB nos. 315 to 320 inclusive). 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 seven months have been comparatively quiet for health and safety, with delays in many areas and no progress on some of the issues that most concern employers, notably the long-promised safety Bill and a passive smoking Approved Code of Practice. But the period has seen a great deal of consultation and preparatory work, and the remaining months of 2003 are likely to see several sets of important proposals from the HSC and government. There is even the possibility that the long-awaited Bill on corporate killing might emerge.

Developments: past and future

The past seven months have seen:

completion of the implementation of the chemical agents Directive, with new Regulations on dangerous substances and explosive atmospheres;

the HSC decide not to introduce a duty on employers to investigate all reportable injuries, illnesses and incidents;

publication of a major report on the crisis in employers' liability insurance that could have a significant impact on safety professionals;

completion of the House of Commons stages of two Bills that would strengthen transport safety and allow the NHS to recoup from negligent employers its costs in treating the victims of work-related injuries; and

revised guidance on display screen equipment.

The remainder of the year is likely to see:

the much-delayed consultation on harmonisation of the Regulations on safety representatives and consultation with employees;

new Regulations on the prohibition of asbestos;

new Regulations removing the civil liability exclusion from the MHSW and the fire precautions Regulations;

the first phase of the HSE's stress management standards;

consultation on proposed major changes to the process of setting occupational exposure limits;

guidance for investors on companies' safety performance;

guidance for employers on work-related driving;

consultation on the implementation of an EC Directive to reduce the risks of falls from heights;

announcement of the results of the consultation on a ban on the use of hand-held mobile phones while driving.

Further ahead, 2004 will see:

a unified and simplified fire regime in place; and

proposals to implement recently adopted EC Directives tightening the controls on asbestos and noise.

Using the table

The table's keywording system is designed to be consistent with HSB's index, news and HSC/E news sections. To find an entry in the table:

look for a likely key word under the bold entry in the subject column (listed in alphabetical order), eg Accident, Asbestos, Construction;

look underneath the bold entry in the subject column for a more specific topic, eg Accident (Investigation), Asbestos (Directive), Construction (Insurance);

look across to the second column for a brief summary, the latest position and, where a more detailed report might be needed, the bracketed HSB reference, eg Accident (Investigation); and

if you can't find the entry under the keyword, or can't decide on a keyword, go to the most recent index, where there are greater numbers of cross-referenced keywords.

The HSB state-of-play table is usually published at six-monthly intervals, appearing in the June and December editions.

STATE-OF-PLAY TABLE

SUBJECT	PROGRESS AND COMMENTS
Accidents	see also HSC/E
Fatalities	The number of worker fatalities in 2001/02 was the second lowest recorded under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulation (RIDDOR). There was a small rise in the number of major injuries, but a drop in over-three-day injuries. Health and safety: statistical highlights 2001/02, misc 472, and Health and safety statistical supplement 2001/02,¹ or www.hse.gov.uk/statistics, free (Revitalising blank forces HSE to change its "mindset"). Provisional figures for the following nine months, to the end of 2002, indicate that the reporting year 2002/03 could witness the lowest number of people killed at work on record (Deaths at work toll reaches record low). Details: HSE, tel: 0151 951 3864.
Investigation	The HSC decided on 3 December 2002 to reject its own 2001 proposal that employers be placed under a statutory duty to investigate work-related injuries, ill health and dangerous occurrences. Instead, the HSE will issue guidance later this year on incident investigation that will include paper and software investigation tools. The HSC took its decision in the light of an HSE paper that recommended guidance rather than legislation. The 2001 consultation document had proposed placing 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 followed a 1999 HSE discussion document, to which the HSE received 684 responses, with a majority broadly in favour of a new duty.
Coroners	The final report¹ from the Coroner's Review Team concluded that "traumatic workplace deaths" should continue to be subject to automatic public inquests, but says deaths from asbestosis and other occupational diseases should involve a public inquest only when there is conflict or uncertainty of evidence justifying a judicial examination (see p.5). Death certification and investigation in England, Wales and Northern Ireland - the report of a fundamental review 2003", www.official-documents.co.uk/document/cm58/5831/5831.htm.
Reporting	Fears about data protection forced the HSE to produce a new reporting book in which accidents at work are recorded (see p.1). The HSE accident book, ISBN 0 7176 2603 2, £4.75 plus VAT.¹
Agriculture	see also Pesticides
Published	Farm child UK: parts 1 and 2, ISBN 0 7176 2209 6, £30;¹ Safe! - Helping children to stay safe on farms, video, £25 plus VAT (see p.7);¹Open farms, healthy children, E-coli video, www.hse.gov.uk/campaigns/killfields/ecoli.htm. The HSE also published 34 free leaflets on working in the forestry and arboriculture industries. The leaflets are grouped into eight series: establishment (AFAG 100); maintenance (200); chainsaws (300); work off the ground (400); extraction (500); processing (600); vehicles (700); and general safety (800)¹ or www.hse.gov.uk/pubns/forindex.htm.
Asbestos
Directive	The European Council adopted a Directive to tighten the controls on asbestos at work on 18 February 2003. Regulations will need to come into force by May 2006. Adoption followed a political agreement on 3 June 2002, common position on 23 September 2002, resubmission to the European Parliament (EP) for a second reading in October 2002, and agreement on a compromise text in November 2002 between the EP, Council and Commission. 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 of 0.1 fibres per cm³ as an eight-hour time-weighted average (EU proposes cutting "reasonably practicable" from asbestos regs). The Directive also limits the number of activities that will be exempt from its provisions, and introduces a requirement that employers identify presumed asbestos-containing materials before demolition and maintenance. The UK supported the common position text. 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 L97/15.4.03.⁹
Prohibition	Consultation closed on 28 February 2003 on HSC proposals to align prohibitions on the importation of asbestos with those on its supply and use. The HSE received less than 100 replies, most of which were positive. The revised Regulations have been approved by the HSC and the HSE expects them to go to Ministers by August 2003. Currently, only materials to which the asbestos has been added deliberately are banned from supply and use in Britain. But for imported products, the ban applies to all materials containing asbestos, even where the asbestos constitutes a small, naturally occurring amount. The HSC's proposals would limit the importation ban to asbestos products where the asbestos has been intentionally added, meaning that the prohibition on imports will be the same as the prohibition on supply and use. The consultative document also sets out the HSE's long-term aim to introduce a limit on the amount of asbestos permitted within a material. First, however, the HSE will investigate whether the introduction of a limit is feasible and useful. HSE contact: Helen Smart, tel: 020 7717 6244, email: helen.smart@hse.gsi.gov.uk. Proposal to amend the Asbestos (Prohibition) Regulations 1992, CD 186, free.¹
Compensation	The widow of a former power station worker was awarded £4.37 million for his death from mesothelioma. The award to Lucia Farmer is the highest made by a UK court for an industrial disease and fatal injury. It is also notable because the four defendant companies - Rolls Royce Industrial Power (India) Ltd, NEI Clarke Chapman Ltd and members of the Babcock and Mitsui Babcock engineering groups - had to pay most of the damages.
Published	The management of asbestos in non-domestic premises: reg. 4 of the CAW Regulations 2002, L127, ISBN 0 7176 2382 3, £9.50;¹ A short guide to managing asbestos in premises, INDG223, free,¹ A comprehensive guide to managing asbestos in premises, HSG227, ISBN 0 7176 2381 5, £12.50;¹ Work with asbestos insulation, asbestos coating and asbestos insulating board, L28, fourth edition, ISBN 0 7176 2563 X, £9.50;¹ Work with asbestos which does not normally require a licence, L27, fourth edition, ISBN 0 7176 2562 1, £9.50;¹ Mesothelioma factsheet, www.hse.gov.uk/statistics/causdis/occ8000.pdf or HSE Epidemiology and Medical Statistics Unit, tel: 0151 951 3051 (see p.3).
Chemicals/ Dangerous substances	see also Asbestos, Major hazards
Chemical agents Directive	Regulations implementing the safety aspects of the chemical agents Directive were laid before Parliament on 15 November 2002 (Government implements CAD package). The Dangerous Substances and Explosive Atmospheres Regulations 2002 (DSEAR) control fire and explosion risks (SI 2002 No. 2776, ISBN 0 11 042957 5, £3.50,³or www.hmso.gov.uk/si/si2002/20022776.htm, free). They also implement the explosive atmospheres Directive (ATEX 137). Most of the requirements came into force on 9 December 2002, but those on explosive atmospheres came into force on 30 June 2003. The Regulations 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. The HSE insists that the Regulations do not contain anything that is "fundamentally new" and that employers who comply with current legislation should "notice no significant change". The Regulations also modernise legislation dating back to 1928 on the keeping of petroleum. The HSE will issue an Approved Code Of Practice (ACoP) and guidance later this year. A free leaflet for small and medium-sized businesses and a DSEAR web page can be found at: www.hse.gov.uk/spd/content/dsear.htm. Regulatory impact assessments: Martin Davies, HSE, Safety Policy Directorate, 113 Daniel House, Trinity Road, Bootle, Merseyside, L20 7HE, tel: 0151 951 3313). 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/foi/hsc/index.htm. The HSE revised its Approved Codes of Practice (ACoPs) on hazardous substances and lead (New COSHH and lead Regs implemented). The changes reflect the coming into force in late 2002 of the Control of Substances Hazardous to Health Regulations 2002 (COSHH) and the Control of Lead at Work Regulations 2002 (CLAW), which implemented the health aspects of the Directive. The COSHH ACoP incorporates the general, carcinogens and biological agents ACoPs into a single ACoP. It also contains, for the first time, an appendix on occupational asthma (see below). Both ACoPs explain the application of the new hierarchy of control measures for controlling hazardous substances and the new requirement to make arrangements to deal with accidents, incidents and emergencies. COSHH Regulations 2002: ACoP and guidance, L5, fourth edition, ISBN 0 7176 2534 6, £10.50,¹ and CLAW Regulations 2002: ACoP and guidance, L132, third edition, ISBN 0 7176 2565 6, £10.50.¹
Asthma	The new COSHH ACoP, which was published in late 2002 (see Chemical agents Directive), includes an appendix providing guidance on how employers can tackle occupational asthma. Control of substances that cause occupational asthma, appendix 3, COSHH ACoP and guidance (fourth edition), L5, ISBN 0 7176 2534 6, £10.50.¹ The HSC announced on 10 October 2001 that it would produce an asthma ACoP, after analysis of 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, free or: www.hse.gov.uk/condocs/cd164.htm. Consultation closed on 16 February 2001. The HSE set up a new occupational asthma website. The site will be updated regularly and new guidance published in October on three leading causes of asthma: isocyanates in motor vehicle repair; flour dust in craft bakeries; and wood dust in woodworking. Website details: www.hse.gov.uk/asthma.
OEL reforms	The HSC intends issuing a consultation document in September 2003 on major changes to the process of setting occupational exposure limits (OELs) and for linking them to good practice (Rethinking the limits). A discussion document issued in 2002 received 48 sets of comments. 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 is now in the final stages of preparing the condoc and remains 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
OEL changes	The HSE issued the 2003 supplement to EH40, the list of Occupational Exposure Limits (OELs), on the internet. The list includes the new and amended exposure limits approved by the HSC in April and should be read in conjunction with the 2002 version of EH40. The HSE will not issue a new version of EH40 this year, because the HSC is developing a new occupational exposure limit framework (Rethinking the limits). EH40 Occupational Exposure Limits supplement 2003, www.hse.gov.uk/pubns/eh40sup.pdf, free; paper version, ISBN 0 7176 2172 3, £3;¹ 2002 version and 2003 supplement, ISBN 0 7176 2083 2, £10.50.¹The changes include the proposals set out in CD 182: COSHH Regulations 1999: proposals for maximum exposure limits and occupational exposure standards, free.¹ The HSC proposed new maximum exposure limits (MELs) for refractory ceramic fibres (RCFs) and subtilisins. COSHH Regulations 2002. Proposals for new MELs, free¹ or at www.hse.gov.uk/consult/. Comments should reach Richard Pedersen, Chemicals and Flammables Policy Division, HSE⁴by 1 September 2003.
Mutagens	Regulations amending the Control of Substances Hazardous to Health Regulations 2002 (COSHH) were laid before Parliament on 7 April and came into force on 29 April 2003. The amendments require users of substances that may cause genetic damage - classified by the European Union (EU) as category 1 or 2 mutagens - to apply the same control measures already required for carcinogens. The Regulations implement part of the second amendment to the 1990 carcinogens Directive. In practice, this will only affect the users of a substance known as triglycidyl isocyanurate (TGIC). COSHH (Amendment) Regulations 2003, SI 2003 No. 978,³ or free at www.legislation.hmso.gov.uk/si/si2003/20030978.htm. Consultative document: Proposals for amending the COSHH Regulations 2002, CD184, free.¹ Consultation closed on 10 January 2003.
IOELV Directives	Negotiations continue on a proposal for a second Indicative Occupational Exposure Limit Values (IOELV) Directive. The HSC implemented the first IOELV Directive on 31 December 2001 (Health and safety: the state of play). The Directives establish lists of substances with agreed exposure values that member states must take into account when setting domestic limits. The second proposal remains 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 November 2002, now lists limits for 43 substances, one less than the revised EC proposal. The group last met in spring 2003 and agreed an opinion for the Commission. It is not yet known when member states will vote on these revised proposals, although adoption is anticipated before the end of 2003. Details: www.hse.gov.uk/hthdir/2ioelv.htm.
Dangerous substances	The 2003 "European week for safety and health" will focus on dangerous substances in the workplace. The HSE produced a free action pack, comprising a newsletter, a mini CD-ROM, stickers, fact sheets, leaflets and a poster: www.hse.gov.uk/euroweek or tel: 0800 0850050.
Lead	The number of workers under medical surveillance for blood-lead levels fell in 2001/02 to 15,200 - the fourth consecutive annual decrease. Details: www.hse.gov.uk/statistics/causdis/lead.htm.
Published	n-Propyl Bromide hazard assessment document, EH75/3, ISBN 0 7176 2350 5, £7.50;¹Controlling fume during plastics processing, Plastics processing sheet no.13, free;¹ Working safely with metalworking fluids, ISBN 0 7176 2561 3, £17.50;¹Cancer risk following exposure to PAHs: a meta-analysis, RR 068, ISBN 07176 26040, £15;¹ Safe use of solvent degreasing plant, EIS40, free;¹Maintenance and cleaning of solvent degreasing plant, EIS20 (rev1), free;¹Surface cleaning: solvent update including the reclassification of trichloroethylene, EIS34, free;¹ COSHH: a brief guide to the Regulations, INDG136 rev2, free;¹ A clean bill of health: health and safety in the dry-cleaning industry, video, ISBN 0 7176 2166 9, £25 plus VAT; and Unloading petrol from road tankers: Approved Code of Practice and guidance, L133, ISBN 0 7176 2197 9, £9.
Compensation	see also Insurance
Unions	Trade unions secured £305 million in personal injury compensation for 39,024 workers in 2001. Trade union trends: focus on union legal services for injury victims, April 2003, ISBN 1 85006 673 6, TUC, £30.¹¹Research carried out for the HSE found that unions are unable to supply adequate information on industrial injury compensation claims. Analysis of compensation claims related to health and safety issues, RR 070, ISBN 0 7176 2612, £15 or free at www.hse.gov.uk/research/rrhtm/index.htm.
Mining	The British Coal respiratory disease scheme will not accept new applications after 31 March 2004. The scheme, along with one for vibration, is expected to result in a total compensation bill of £6 billion.
Construction	see also Work equipment
Revitalising	Almost two years after the construction industry agreed on a significant initiative to tackle its injury and ill-health record, HSE construction chief Kevin Myers said that "the dichotomy between effort and results remains". Health and safety performance in the construction industry: progress since the February 2001 summit, second report, free (Myers finds limited solace in construction initiative).¹In September 2002, the HSC issued a discussion document to stimulate change in the construction industry. Revitalising health and safety in construction, www.hse.gov.uk/disdocs/construction.htm. Consultation closed on 31 December 2002.The HSE's initial analysis of almost 300 responses did not reveal "any simple magic solutions". The HSE will publish a full analysis of the responses and its proposed follow-up actions in summer 2003. This is likely to include a consultative document suggesting a way forward for the Construction (Design and Management) Regulations 1999 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 below). Responses to condoc: www.hse.gov.uk/consult/2002.htm.
Health	The HSC decided to take the first steps in an initiative that could see a nationwide occupational health support scheme for the construction industry. On 27 March, the HSC's Construction Industry Advisory Committee (CONIAC) agreed to set up an independent forum whose first task will be to raise £1 million for the pilot scheme, determine the most suitable provider for the pilot and establish a project consortium. The pilot will run in a single geographical area, and the money sought from the industry and the government. Details: Richard Boland, HSE⁴, tel: 020 7556 2100.
Enforcement	The HSE's construction division included two additional priorities in its annual work plan for 2003/04: slips and trips, which cause a quarter of major injuries in the industry; and temporary traffic management standards at road works on high-speed roads.²The latest in a series of HSE construction site blitzes saw HSE inspectors serve enforcement notices at one in four sites visited in east and south east England in one week in March. Despite this, the HSE describes compliance as a "mixed bag" and claims there is evidence that the industry "is raising its game".²The HSE also carried out a nationwide blitz of construction sites during the first two weeks of June as part of a Europe-wide inspection-led campaign to reduce falls from height (see p.7). The blitz is backed by an advertising campaign. Related information: Falls from height action pack, includes Height safe video and poster, tel: 08457 181819, free.
Insurance	A new government-backed scheme allows small building firms in the home improvement sector to reduce their insurance premiums if they are successfully vetted under the Contractors' Health and Safety scheme (CHAS).
Designers	An HSE initiative found that many building designers have little understanding of their health and safety responsibilities. Details: www.hse.gov.uk/construction.
Cranes	The deaths of three construction workers in London's Canary Wharf in May 2000 resulted in an HSE discussion paper on tower cranes. The HSE hopes the responses will contribute to improved standards and guidance for tower cranes. Discussion paper: www.hse.gov.uk/construction/index.htm.
Cost-benefit analysis	see also Insurance
Corporate Social Responsibility	The HSE has not yet published its promised guidance on investment. 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 was due to take forward the report's recommendations and publish the results as guidance by the end of 2002. Health and safety indicators for institutional investors: a report to the HSE, Mark Mansley, Claros Consulting, February 2002 (Corporate social responsibility).²
Display screen equipment
DSE Regulations	The HSE revised its guidance on the Health and Safety (Display Screen Equipment) Regulations 1992 (How to stay healthy with DSE). New or updated sections cover: lap-top computers; mice, trackballs and other pointing devices; homeworking and teleworking; and choosing appropriate software, such as programs that monitor rest pauses. It also reflects the minor changes to the Regulations introduced in September 2002 by the Health and Safety (Miscellaneous Amendments) Regulations 2002 (HSC changes eight sets of Regs to allay EC criticisms). Work with DSE, L26, ISBN 0 7176 2582 6, £8.95.¹The HSE published a practical guide to VDUs in offices. The law on VDUs: an easy guide, HSG90, ISBN 0 7176 2602 4, £8.50.¹ Both publications include a VDU workstation checklist.
Mice	HSE-commissioned research revealed that most display screen equipment (DSE) users have not received any training or information specific to the safe use of a computer mouse or any other non-keyboard input devices (NKIDs). Ergonomics of using a mouse or other NKIDs, RR 045, ISBN 0 7176 2162 6, £20.¹
Home use	The HSE warned that advice given in computer magazines to home computer owners on how to install electrostatic sensitive components is potentially dangerous.²
Education
Published	Preventing slip and trip incidents in the education sector (Education information sheet no.2, free).¹
Electricity
Maintenance	The HSE issued a warning to employers about electrical systems maintenance procedures following a court case that highlighted the importance of carrying out preventative maintenance. Had an "inspect and test" been carried out by a competent electrical contractor, the deterioration that led to the prosecution would have been identified. HSE guidance: www.hse.gov.uk/pubns/elecindx.htm.
Enforcement	see also Construction, HSC/E, Local authorities, Manslaughter, Transport - roads
Fines	The average fine for health and safety cases in Great Britain increased by 39% between 2000/01 and 2001/02, from £8,790 to £12,194 (Crimes and fines 2001/2002). The rise was due to a marked increase in penalties handed down by higher courts. Health and safety offences and penalties 2001/2002, HSE, www.hse.gov.uk/action/content/off01-02.pdf. There were four fines of £100,000 or more in the period covered by the table: Nestlé, £250,000; Bison Concrete Products Ltd, £100,000; Park Environmental Services Ltd, £250,000; RMD Qwikform LTD, £240,000. A Private Members' bill that would stiffen the penalties for most health and safety crimes is running out of parliamentary time. Conservative MPs prevented debate on the Health and Safety at Work (Offences) Bill on 4 April 2003 - the fourth such intervention - and although a debate is scheduled for 20 June, it is unlikely to be completed (New sentencing Bill could save government's blushes). In late 2002, in R v Colthrop Board Mill Ltd, the Court of Appeal rejected the notion that fines of £¹/2 million or more for safety breaches should be restricted to major disasters (Court of Appeal dismisses £1/2m "limit" on fines). The idea that there might be such a "limit" had resulted from previous Court of Appeal judgments.
Safety Bill	The much-touted Safety at Work Bill remains elusive. Although it was not included in the November 2002 Queen's Speech, the government insists 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. Two of the Bill's main provisions are now included in the Railways and Transport Safety Bill, which is currently undergoing its final parliamentary stages (see Railways and Substance abuse below). These are the implementation of some recommendations from Lord Cullen's review of rail safety, and alcohol and drug use by safety-critical personnel in civil aviation and shipping. The remaining elements of the safety 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; raise port and 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 government confirmed that it still intends to remove Crown Immunity from statutory health and safety enforcement - but only when parliamentary time allows. Hansard, 8 May 2003, 805W.³
Foreign companies	There has been no progress on 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. The initiative, led by the UK, France and Sweden, and backed by the European Parliament In early 2002, 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. A similar situation exists with the fine imposed on Geoconsult ZT GmBH of Salzburg, Austria after the Heathrow Tunnel collapse.
Ergonomics
Guidance	Union pressure forced the HSE to agree to reprint a guidance leaflet on ergonomics just weeks after its publication. Understanding ergonomics at work, INDG90(rev2), free at www.hse.gov.uk/pubns/indg90.pdf.
EU	see also Asbestos, Construction, Enforcement, Working time
Presidency	The Danish and Greek Presidencies in the year from 1 July 2002 have secured: the adoption of Directives on asbestos and noise and a Recommendation on the self employed; a common position on amending the Seveso II Directive; and publication of a proposal for a third physical agents Directive.
Self employed	EU Ministers adopted a non-binding Recommendation that member states pay particular attention to the health and safety of self-employed workers. The move is less relevant to the UK than to many member states as UK legislation generally applies to self-employed workers. Council Recommendation of 18 February 2003 concerning the improvement of the protection of the health and safety at work of self-employed workers, OJ L53/28.2.2003.⁹
Explosives
Legislation	The HSE hopes to submit revised Regulations governing the safe manufacture and storage of explosives to the Advisory Committee on Dangerous Substances (ACDS) later this year. The HSE is currently in the final stages of finalising the text. Consultation closed on 10 June 2002 on the HSC's proposals, but progress has been delayed due to pressure on HSE lawyers' time and the need to advise the government on issues around ammonium nitrate (see Major hazards below). The consultative document followed 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. More than 100 replies were received, and they were generally supportive of the proposals. Consultation also identified issues that require further consideration and the final Regulations will reflect these issues. Following the ACDS's consideration, the Regulations will go to the HSC and then to ministers, coming into force during 2004. Proposals for new Regulations on the manufacture and storage of explosives, CD174, www.hse.gov.uk/condocs/closed/CD174.
Fire	see also MHSW Regulations 1999
Legislation	The government is still working on an Order that will consolidate and rationalise workplace legislation on fire precautions (Prescott gives order to fire). Although the consultation period ran from until 23 November 2002, a significant number of responses were received up until January 2003. The Department had said they would consider all responses that had been received irrespective of the date of arrival. The Fire Safety Advisory Board has now considered the responses, and the next stage is for an Order to implement the reform to be laid before Parliament, in autumn 2003. It is anticipated that the Order will come into force in autumn 2004. Of the 276 responses received in response to the condoc, none were opposed to the need to reform general fire safety law. The condoc, which followed 10 years of delays and deliberation, proposed that the Office of the Deputy Prime Minister 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.) 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, 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 on fire precautions). A Home Office working party started in 2000 to develop a coherent regime, 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.
Causes	The most significant cause of fires in workplaces containing flammable substances is a failure to follow HSE guidance, according to research commissioned by the HSE. Fire risk assessment for workplaces containing flammable substances, RR 040, £15, ISBN 0 7176 2157 X.¹
First aid
Evaluation	An HSE-commissioned evaluation of the UK's first aid at work regime found generally encouraging results. But while awareness among employers was high, compliance tended to be more in spirit than to the letter of the law. Evaluation of the Health and Safety (First Aid) Regulations 1981 and the AcoP and guidance, RR 069, ISBN 0 7176 2608 3, £25¹ or free at www.hse.gov.uk/research/rrhtm/rr069.htm.
Gas	see also Major hazards
Review	The HSC is making progress through the internal stages of the implementation of the fundamental review of gas safety. The committee has five working groups, which have been meeting since July 2001. Consultative documents are expected in summer and October 2003. The HSE had hoped that the Safety Bill (see above) would include a provision for a gas levy to fund publicity and research. This idea has been rejected and the HSE will instead be asking the major suppliers for contributions. Gas safety review: proposals for change, www.hse.gov.uk/spd/content/fundgas.htm. The HSE received more than 700 responses to its 1999 discussion document. Details on the working groups' progress: www.hse.gov.uk/gas/. The HSE amended the nationally-accredited certification scheme (ACS) for individual gas fitting operatives. The changes implement a recommendation of the HSC's fundamental review of gas safety (Health and safety: the state of play). Details: www.hse.gov.uk/gas/. Issues examined in 2000 in regard to the Gas Safety (Management) Regulations 1996 (GSMR) are being addressed within 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
Published	Control of safety risks at gas turbines used for power generation, guidance note PM84, ISBN 0 7176 2193 6, £7;¹ Control of health and safety risks at small gas turbines used for power generation, information document 482/7, free.²
Health	see also Insurance
Care homes	The HSE, Local Government Association and the National Care Standards Commission issued a Memorandum of understanding (MoU) that sets out their roles in the regulation of health and safety in Britain's care homes and independent healthcare establishments (www.hse.gov.uk/action/content/f-mou_aa.pdf).
Published	A safer place to work: improving the management of health and safety risks to staff in NHS Trusts, the Comptroller and Auditor General, HC 623 2002-2003, ISBN 0 1029 2142 1, £10.75³ or free at www.nao.gov.uk; Safe working and the prevention of infection in clinical laboratories and similar facilities, ISBN 0 7176 2513 3 £9.50;¹ Safe working and the prevention of infection in the mortuary and post-mortem room, ISBN 0 7176 2293 2, £7.50.¹
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 (eg 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 January 2003. The HSC issued its first progress report on Revitalising's 10-year targets for reducing work-related fatalities, injuries, days off work and ill health in Britain. The report shows that there has been no progress towards some targets and that others cannot yet be measured (Revitalising blank forces HSE to change its "mindset"). Health and safety targets: how are we doing? www.hse.gov.uk/aboutus/reports. 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. Related publication: A guide to measuring health and safety performance, www.hse.gov.uk/opsunit/perfmeas.htm, free (Measuring up).
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 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/. The HSE announced in June 2003 that it was scrapping the post of Chief Medical Adviser (CMA). Dr David Snashall's five-year secondment to the HSE as part-time CMA ends on 30 June 2003. The HSE has decided not to replace him because the Securing health together initiative - on which Dr Snashall advised - is moving into a new phase involving collaborative work with the Department for Work and Pensions, which has its own medical expertise.
Leaflets	HSE-commissioned research revealed that many HSE leaflets are too difficult for much of their target audience. Effective design of workplace risk communications, RR 093, ISBN 0 7176 2176 6, £25¹ or free at: www.hse.gov.uk/research/rrhtm/index.htm.
Perception	HSE-commissioned research found that the general public trust the HSE more than they do other government departments, even though they have little understanding of the HSE's functions. Public perception of trust in HSE as a risk regulator, RR 100, ISBN 0 7176 2185 5, £20¹ or free at: www.hse.gov.uk/research/rrhtm/index.htm.
Information	HSE-commissioned research praised the approach of the HSE to the disclosure of information. But it pointed out that the HSC/E will soon have to make major changes in order to comply with the Freedom of Information Act 2000 (Freedom Act poses new challenges for informative HSE). Audit of the HSE's openness procedures and practices, RR 052, vols. 1,2 and 3, ISBN 0 7176 2590 7, £30 or free at www.hse.gov.uk/research /rrhtm/rr052.htm.
Research	The HSE has published a guide to its research priorities and activities. Strategic research outlook (SRO) for 2003, www.hse.gsi.gov.uk/research. Paper version: simon.armitage@hse.gsi.gov.uk. The intellectual property of research carried out for the HSE will generally be owned by the organisations undertaking the research rather than by the HSE, according to a new HSE policy statement (see p.8). HSE research: intellectual property policy statement and exploitation plan, Simon Armitage, tel: 0114 289 2647 or www.hse.gov.uk/research/iprights.pdf.
Published	HSC annual report and HSC/E accounts 2001/2002, ISBN 0 10 291822 8, £22.60,^1,3or free at www.hse.gov.uk/aboutus.reports (HSC's annual report shows steady realisation of plan).
Human factors
Published	Results from the health and safety module of the British social attitudes survey 2001, www.hse.gov.uk/statistics/bsahs01.pdf.
Insurance	see also Compensation, Construction
NHS costs	The government published a Bill that will allow the NHS to recoup the costs of treating those injured in work-related incidents. The insurance industry is likely to pass the costs on to employers, with public liability and employers' liability insurance premiums expected to rise by 5%-7%. Following a second reading in the House of Commons, the Bill started its Committee stage on 7 May 2003. The Health and Social Care (Community Health and Standards) Bill.³Consultation ended on 8 November 2002 on the Department of Health proposals, which came almost three years after the Law Commission recommended the move to government. 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.
Employers' liability	On 3 June 2003, two important reports affecting employers' liability (EL) insurance were published: a review of EL compulsory insurance by the Department for Work and Pensions; and a broader Office of Fair Trade study into the liability insurance market (see Safe, not sorry: EL Insurance and Spring report for employer's liability insurance review). The reports reflected concern that employers were either facing significant premium hikes or were unable to obtain cover at all. The HSE had earlier 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 EL 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 (Making insurance costs count).¹
Legislation
Regulations made	The Dangerous Substances and Explosive Atmospheres Regulations 2002 (SI 2002 No. 2776); The Control of Substances Hazardous to Health (Amendment) Regulations 2003 (SI 2003 No.978); The Notification of Installations Handling Hazardous Substances (Amendment) Regulations 2002 (SI 2002 No.2979); The Biocidal Products (Amendment) Regulations 2003 (SI 2003 No.429); The Railways (Safety Case) (Amendment) Regulations 2003 (SI 2003 No.579); The Working Time (Amendment) regulations 2002 (SI 2002 3128).³
Leisure
Published	Health and safety in audio-visual production - your legal duties, INDG360;¹ Special or visual effects involving explosives or pyrotechnics used in film and television productions, Entertainment Information Sheet (EIS) no.16; Stunts, fights and other potentially hazardous production activities, EIS no.17; Buildings used for locations and temporary studios in film, television and theatre, EIS no.18; Safe design and build of production sets used for film and television,EIS no.19, all free;¹Effective safety briefings for drivers at karting circuits, EIS no. 21, free;¹Health and safety in ski-slope operations, INDG371, ISBN 0 7176 2598 2, free¹ or www.hse.gov.uk/pubns/indg371.pdf.
Local authorities	see also Explosives
Enforcement	The HSC warned local authorities (LAs) in January 2003 that they need to take urgent action to bolster their enforcement of health and safety, and that the HSC would intervene where LAs fail to perform acceptably. The warning accompanied two reports on the LA-enforced sector: HELA annual report 2002, www.hse.gov.uk/statistics/pdf/natpic02.pdf and HELA national picture 2002, HSE LAU⁴ or www.hse.gov.uk/lau, free.¹ The reports showed that the number of workers killed in the service sector was half the previous year's total (Callaghan warns LAs about further enforcement slips and Service sector deaths fall amid crisis in enforcement).
Major hazards	see also Chemicals
Notification	Regulations came into force on 6 January 2003 lowering the notification threshold of ammonium nitrate from 500 to 150 tonnes.³ The changes to the Notification of Installations Handling Hazardous Substances Regulations 1982 (NIHHS) follow a September 2001 explosion at the Grande Paroisse/AZF Factory in Toulouse that showed that a major incident could be caused by a smaller amount of ammonium nitrate than was previously thought. The changes affect farmers, fertiliser manufacturers, importers, distributors, agricultural suppliers, ports and docks. The Notification of Installations Handling Hazardous Substances (Amendment) Regulations 2002 (SI 2002 No.2979).³
Seveso II	The EC Council of Ministers adopted a common position on 20 February 2003 on a proposal to amend the Seveso II Directive (No.96/82/EC). If agreement cannot be reached, the proposal will undergo the Conciliation Procedure. The Seveso II 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 European Parliament was due to consider the proposal at its plenary on 18 June 2003, after which it returns to Council. 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 above). The Economic and Social Committee adopted an opinion on 24 April (OJ C149/21.6.2002). The European Parliament adopted its first reading opinion on 3 July 2002, which included 47 amendments. The HSE expects it will be two years before implementing Regulations come into force in the UK. Common position (EC) No.15/2003 with a view to the adoption of a Directive of the European Parliament and the Council amending Directive 96/82/EC on the control of major-accident hazards involving dangerous substances, OJ C102/29.4.2003.⁹
Charging	The HSC has approved the final reports, guides and evaluations concerning the HSE's charging regime for the gas transportation, offshore and railway charging schemes. It had already approved four COMAH reports (Health and safety: the state of play). These are now available at www.hse.gov.uk/charging/index.htm.
Accidents	There were four major accidents during the year to April 2001 at premises covered by the Control of Major Accident Hazards Regulations 1999 (COMAH). None of the incidents resulted in serious injury. The number of reportable accidents in 2000/01 is similar to the average number in recent years. Using these as a "crude measure of safety performance", the HSE expresses "concern at the magnitude and frequency of these accidents and at the repeated underlying causes of major accidents". The COMAH Regulations 1999 apply to 1,100 establishments that have the potential to cause major accidents because they use or store significant quantities of dangerous substances, such as oil products, natural gas, chemicals and explosives. COMAH major accidents notified to the European Commission, England, Wales and Scotland 2000-2001, www.hse.gov.uk/hid or the Environment Agency (Anglian Region), tel: 01733 371811. A summary factsheet is also available.
Conference	The Institute of Mechanical Engineers (IMechE) and the HSE are running a seminar on 17 October 2003 to discuss the use of permissioning regimes to regulate health and safety in hazardous industries (nuclear, railways, offshore installations and major hazards sites). Details: Kimberley Young, IMechE, tel: 0207 973 1291, email: k_young@imeche.org.uk.
Regulation	The HSC published its policy on using permissioning regimes to regulate high hazard industries (HSC finalises permissioning principles for major risks). Document: www.hse.gov.uk/enforce/index.htm. Consultation closed on 6 December 2002 (www.hse.gov.uk/condocs/cl001.htm). Such regimes make the start or continuation of work activities conditional on the consent, licence or acceptance of a safety case or report by the safety regulator. The condoc followed 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. This closed on 28 January 2001, eliciting 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/disdocs/dde15.htm or¹.
Management
Climate survey tool	HSE-commissioned research concluded that the HSE's computer-based climate survey tool has helped organisations improve their health and safety culture and climate. Evaluating the effectiveness of the HSE's health and safety climate survey tool, RR 042, ISBN 0 7176 2159 6, £10¹ or free at www.hse.gov.uk/research/index.htm.
Leadership	HSE-commissioned research produced a model of leadership factors that influence safety outcomes. The research looked at three levels of leadership: senior managers; middle (site) managers; and supervisors (The influence of managers). The role of managerial leadership in determining workplace safety outcomes, RR 044, ISBN 0 7176 2609 1, £15¹ or free at www.hse.gov.uk/research/rrhtm/index.htm.
MHSW Regulations
Civil liability	There have been delays in 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. Following consultation, the HSC submitted draft Regulations to the Department for Work and Pension (DWP) in February 2003. Although scheduled to come into effect by March 2003, the DWP delayed consideration until the review of employers' liability insurance reported, in case the review affected civil liability (see Insurance above). The review reported on 3 June 2003 and Ministers are expected to consider the draft Regulations shortly. Consultation closed on 28 March 2002 on the HSC's proposals, which elicited 126 responses. The HSC approved the HSE's analysis in early October 2002, without comment. Consultative proposals to amend the MHSW and the Fire Precautions (Workplace) Regulations 1997, CD177, www.hse.gov.uk/condocs/cd177.htm (Legislation: MHSW rethink will allow workers to sue employers).
Manslaughter
Corporate killing	The Home Office announced in late May that it would publish a timetable for introducing a new offence of corporate killing in autumn 2003 (Blunkett bottles director's killing liability). This does not necessarily mean, however, that the Bill will be published this autumn. The Bill has been a long time coming. Consultation on the proposals ended on 1 September 2000. The Home Office received 166 responses - 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 concerned the sanctions that can be taken against individual directors, although the Home Office's September 2002 letter indicated that individual directors would not become liable under the new offence. Home Secretary David Blunkett's statement in May 2003 announcing the Bill confirmed this and the offence will be limited to organisations. 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 (although it is provided for in existing legislation) and imprisonment, floated at proposal stage, would not be included in the Bill as the possibility of charging individual directors has been excluded. 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 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 work is still ongoing.
Convictions	On 4 April 2003, a haulage company owner was jailed for four years for the manslaughter of a man killed in a road accident. Martin Graves of MJ Graves International had been grossly negligent in not having a system for controlling drivers' hours. The lorry driver, Victor Coates, was jailed for four years for causing death by dangerous driving. On 27 February 2003, a director of a small family firm received a 15-month prison sentence, suspended for two years, for the manslaughter of an employee. John Horner of Teglgaard Hardwood UK Ltd was sentenced for the death of Christopher Longrigg, who was crushed by stacks of timber. The company was also convicted of manslaughter and fined £25,000. On 26 February 2002, a self-employed fairground examiner was jailed for 18 months for the manslaughter of two passengers killed on a ride. Barry Ramsey had inspected and certified the ride just three weeks before the fatal incident, but the jury accepted that the inspection had been grossly inadequate. In October 2002, the Court of Appeal quashed two manslaughter convictions imposed on a company director, replacing them with a conviction under the HSW Act. The Court held that the trial judge's directions on causation and gross negligence during the trial of Brian Dean were sufficiently inadequate to make the verdict unsafe.
Protocol	The HSE published a new protocol for the investigation of work-related deaths. Work-related deaths: a protocol for liaison, misc 491 02/03 C120,¹ or www.hse.gov.uk (under Enforcement), free.
Manual handling
Advice	HSE-commissioned research produced a new set of principles for safe manual handling that the HSE will use to revise its guidance on the issue. Principles of manual handling: achieving a consensus, RR 097, ISBN 0 7176 2179 0, £20.¹
Roll containers	HSE-commissioned research produced recommendations that should help reduce the number of injuries caused by roll containers (Keep on rolling - safely). Safety of roll containers, RR09, ISBN 0 7176 2535 4, £15,¹ or free at www.hse.gov.uk/research/rrpdf/rr009.pdf.
Musculoskeletal disorders	see also Display screen equipment
SMEs	The HSE commissioned research into attitudes in small and medium-sized enterprises (SMEs) towards musculoskeletal disorders. Contact: Zara Whysall, tel: 01509 228481, email: Z.J.Whysall@lboro.ac.uk. Project details: www.nottingham.ac.uk/I-WHO.
Published	Caring for cleaners: guidance and case studies on how to prevent musculoskeletal disorders, HSG234, ISBN 0 7176 2682 2, £9.50.¹
Noise
Directive	EU Ministers adopted a new noise Directive in February 2003. Implementation in the UK will result in the replacement of the Noise at Work Regulations 1989 and significantly reduce the sound pressure levels that are deemed to be without risk to workers' health (New noise Directive will halve sound pressure levels). The HSE hopes to issue a consultative document in March 2004, with new Regulations expected to come into force in February 2006. The Directive, which underwent the conciliation procedure, replaces the 1986 noise Directive. The HSE reports that it secured significant improvements to the original proposal, although it was unable to achieve either of its two initial aims. The 1989 Regulations require employers to carry out a specific risk assessment if employees are likely to be exposed to a daily noise level greater than 85 decibels (dB(A)) - "the first action level". If daily exposure is likely to exceed 90 dB(A) or peak sound pressure is likely to exceed 200 Pascals (Pa) - "the second action level" - employers must introduce control measures, other than hearing protection. Employers must also provide hearing protection. The new Directive reduces the first and second action levels to 80 dB(A)/112 Pa and 85 dB(A)/140 Pa. This is a significant reduction. The exposure action values take no account of the effect of any hearing protection worn; they are ambient noise levels. The new Directive also introduces a maximum daily exposure limit of 87 dB(A). Directive 2003/10/EC of the European Parliament and of the Council of 6 February on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (noise), OJ L42/15.2.03. A common position was adopted at the end of October 2001. The Directive stems from a 1993 proposal for a single physical agents Directive covering noise, vibration and non-ionising electromagnetic radiation (see Physical agents and Vibration below). This made little progress, and the Commission decided to proceed with each area separately. The employers' organisation, UNICE, says that it can see no justification for more stringent rules in this area (www.unice.org/unice/docum.nsf/).
Hearing protection	HSE-commissioned research has produced a better understanding of how to influence workers to wear hearing protection. Behavioural studies of people's attitudes to wearing hearing protection and how these might be changed, RR 028, ISBN 0 7176 2155 3, £20¹ or free at www.hse.gov.uk/research/rrhtm/index.htm.
Nuclear	see also Major hazards
Environment	A report published by the HSE highlights a "lack of clarity and potential conflict" in the different approaches to regulating nuclear safety and environmental protection. Review of the regulation of nuclear safety and the management of radioactive materials and radioactive waste within the UK: structures and principles of the regulation of civil nuclear licensed sites, NuSAC Secretariat, 5th Floor, North Wing, HSE⁴, free.
Decommissioning	The HSE is satisfied that the strategy of the United Kingdom Atomic Energy Authority (UKAEA) for the decommissioning of its nuclear-licensed sites is "generally appropriate". The HSE will review the situation in five years' time. The main UKAEA sites are Dounreay, Windscale, Harwell and Winfrith. UKAEA's strategy for the decommissioning of its nuclear licensed sites: a review by HM Nuclear Installations Inspectorate,⁵ or email: nsd.infocentre@hse.gsi.gov.uk, or www.hse.gov.uk/nsd/nuc20.pdf.
Incidents	There were three nuclear incidents at nuclear installations in Britain during the last six months of 2002. The incidents were at British Energy's Torness power station and at the Dounreay and Harwell sites, both operated by the United Kingdom Atomic Energy Authority. Statement of nuclear incidents at nuclear installations: third quarter and fourth quarter 2002.⁵
Offshore	see also Major hazards
Injuries	HSE provisional statistics show that there were 230 workers injured offshore in 2001/02 - three fewer than in 2000/01. Over the same period, the number of major injuries rose by two to 55, over-three-day injuries fell by five to 172, dangerous occurrences (non-injury incidents) fell by 93 to 671, reported cases of ill health fell by six to 14, and the offshore workforce fell by 124 to 23,206. Offshore injury, ill health and incident statistics report 2001/2002 (Provisional data), HID Statistics Report, HSR 2002 001,⁷ or www.hse.gov.uk/hid/osd/hsr1002/index.htm, free.
Hydrocarbon releases	The number of offshore hydrocarbon releases reported to the HSE in 2001/02 was 11% less than the previous year. Of the 241 incidents, only four were "major" - half the 2000/01 total - and 109 were "significant" - 17 down on the previous year. Offshore hydrocarbon releases statistics 2002, HID statistics report HSR 2002 002,⁷ or www.hse.gov.uk/hid/osd/hsr2002/index.htm, free.
Participation and Partnership	see also Management
Partnership Fund	Employers, employees and trade unions have until 31 July 2003 to bid for up to £50,000 from the Partnership Fund. Run by the Department of Trade and Industry, the fund has given several previous awards to health and safety initiatives. Details: enquiries.partnershipfund@uk.pwcglobal.co.
PPE
Review	The HSE is reviewing the Personal Protective Equipment at Work Regulations 1992. The first stage of the evaluation, which ended on 30 May 2003, involved employers and safety representatives completing a downloadable questionnaire. The Directive requires member states to review the Regulations after five and 10 years. Questionnaire: www.hse.gov.uk/spd/pdf/question.pdf; printed versions: Colin Dunn, tel: 020 7717 6623.
Dust masks	The HSE called for the "voluntary withdrawal" from sale of nuisance dust masks and their replacement with approved CE-marked disposable respirators (HSE dusts down employer use of masks).
Product Directive	The European Commission is in the early stages of a major review of the 1989 Directive. The review is looking at clarifying the 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 2002 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/.
Pesticides	see also Agriculture
Biocides	The Biocidal Products (Amendment) Regulations 2003 (SI 2003 No.429) came into force on 1 April.³ The Regulations introduce the biocides general industry charge, which is additional to the fee for the processing of product authorisations. Details: HSE Biocides and Pesticides Unit, tel: 0151 951 3535, email: biocides@hse.gsi.gov.uk.
Physical agents
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 adopted (see Noise and Vibration). On 17 December 2002, the Danish presidency of the EU published a proposal on electromagnetic fields and waves, based on risk assessment, exposure control, health surveillance and the provision on information, instruction and training. The HSE says that the Directive is based on the values incorporated in the occupational exposure guidelines issued by the International Commission on Non-ionising Radiation Protection, which are broadly in line with those of the NRPB. Meetings have taken place in the European Council Social Questions Working Group, but genuine progress is not expected before the Italians assume the EU Presidency for the second half of 2003. A proposal on optical radiation will follow, but not until late 2003 at the earliest.
Railways	see also Major hazards
Railways Bill	The Railways and Transport Safety Bill completed its House of Commons stages on 31 March 2003. The House of Lords' committee stage finished on 5 June 2003, with the report debate scheduled for 19 June 2003. The Bill would create a new independent body, the Rail Accident Investigation Branch (RAIB), to investigate serious rail accidents. On 16 April 2003, Carolyn Griffiths was appointed as chief inspector of the RAIB.
Cullen Part 2	On 1 April, the Rail Regulator announced the establishment of a new body responsible for railway safety. The Rail Safety and Standards Board (RSSB) will produce the industry's collective health and safety plan, monitor and review its health and safety performance and manage the industry's process for setting safety standards. The body was recommended by Lord Cullen in Part 2 of the Ladbroke Grove Inquiry Report. Details: www.rail-reg.gov.uk/. The Railways (Safety Case) (Amendment) Regulations 2003 came into force on 1 April (SI 2003 No.579)³ (Health and safety: the state of play). The changes affect duties imposed on Network Rail and other infrastructure controllers. The Regulations, which were laid before Parliament on 10 March, implement recommendations made in Cullen Part 2 and paved the way for the creation of the Rail Safety and Standards Board. Revised guidance: Railway (Safety Case) Regulations 2000 including 2003 amendments, L52 (rev), ISBN 0 7176 2186 3.¹ Inquiries: michael.madeley@hse.gsi.gov.uk. Consultation paper www.hse.gov.uk/condocs/condocs/rsc00-a.pdf.
Inquiries	The HSC published a report on 28 November 2002 that brings together the responses of the rail industry to the 295 recommendations made by Professor John Uff and Lord Cullen in their reports on the Southall and Ladbroke Grove rail crashes and their joint inquiry into train protection systems. HSC chair Bill Callaghan said that there were "promising signs: the industry is now tackling some longstanding issues". The rail public inquiries: HSC report on overall progress as of July 2002 on all recommendations from the rail public inquiries, www.hse.gov.uk/railway/railpublic.pdf.
Train protection systems	The government accepted the HSC's advice on the implementation of the train safety device, European Rail Traffic Management System (ERTMS) on Britain's railways. ERTMS is an advanced train control system that also provides Automatic Train Protection (ATP). It was recommended by the March 2001 Cullen/Uff report, Joint Inquiry into Train Protection Systems. Transport secretary Alistair Darling asked the Strategic Rail Authority to develop a single programme for ERTMS development. In the meantime, the government expects the installation of the Train Protection and Warning System (TPWS) to be completed by the end of the year. The HSC reached its decision after considering three independent reports on the rail industry's proposals to introduce ERTMS (Health and safety: the state of play). www.hse.gov.uk/railway/rihome.htm#further (go to "train protection systems"). Further details: www.hse.gov.uk/railway/ or www.dft.gov.uk.
Critical workers	The HSE chose the Business Strategy Group as consultants to evaluate the efficacy of the Railways (Safety Critical Work) Regulations 1994. The results were due in March 2003 and will be used in the HSE's five-yearly review of the Regulations. The review will also help implement recommendations made by Lord Cullen's part 2 report on the Ladbroke Grove Rail Inquiry. HSE contact: Dean Munson, tel: 020 7717 6791, email: dean.munson@hse.gsi.gov.uk.
Incidents	The year to 31 March 2002 saw an "overall" improvement in the railway's safety record, according to the HSE's annual report on the sector. Railway safety: HSE's annual report on the safety record of the railways in Great Britain, ISBN 0 7176 2584 2, £17.95.¹
Southall East	The latest update report on the HSE's investigation into a derailment at Southall East, London on 24 November 2002, blames a wheel striking a broken fishplate. The derailment involved a First Great Western train travelling from Swansea to Paddington at 125 mph. A subsequent national survey by Network Rail found no similar failures elsewhere. Update details: www.hse.gov.uk/railways/southalleast/index.htm.
Information	The HSE revamped its rail safety web pages at www.hse.gov.uk/railways. The pages cover rail safety guidance, the work of the HSE, investigations, public inquiry reports. Comments on the pages should be emailed to: Railway.Correspondence@hse.gsi.gov.uk.
Safety cases	The HSE has commissioned new research to evaluate the impact of the Railways (Safety Case) Regulations. The findings should be reported to the HSE by October and will inform a wider review, which aims to produce revised Regulations by early 2005. Comments should be emailed to: amanda.stevens@hse.gsi.gov.uk.
Potters Bar	The HSE's investigation into the Potters Bar rail accident concluded that the crash occurred when poorly maintained and badly adjusted points failed. No evidence to date supports speculation that sabotage or deliberate unauthorised interference was the direct or root cause of the derailment.Train derailment at Potters Bar, 10 May 2002: a progress report by the HSE Investigation Board, www.hse.gov.uk/railways/pottersbar.htm, free.
Tube	The latest information on the HSE's investigation into the train derailment at Chancery Lane station on 25 January 2003 can be found at: www.hse.gov.uk. The HSE says that the initial indications are that the derailment of the Central Line train was caused by a traction motor falling on to the track from beneath the fifth carriage of the train.
Risk
Published	Taking account of societal concerns about risk: framing the problem, RR 035, ISBN 0 7176 2153 7;¹ and Understanding and responding to societal concerns, RR 034 ISBN 0 7176 2154 5, £15.¹
Safety reps
Review	There have been further delays in the HSE's publication of its consultative document on the harmonisation of Regulations on employee consultation and participation on health and safety issues. The HSC briefly discussed the issue in May 2003 and agreed that it would considerthe consultative document on 15 July 2003. Subject to HSC approval, the HSE will publish the document, allowing 4-6 months for consultation. The document, which is currently in draft form, proposes an employee-total threshold below which the new Regulations would not apply. The document is also likely to cover the workers' safety adviser pilot scheme (see below) and non-legislative proposals. 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). 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.
Pilot	The HSC said the Workers Safety Advisers (WSAs) pilot scheme has been "very successful", particularly for smaller companies. The pilot saw the WSAs (also known as "roving safety reps") visit mainly workplaces that do not recognise unions, and advise employees and employers on how to consult on health and safety and secure improvements. The scheme ran from February to November 2002 in nine areas and covers the retail, hospitality, voluntary, construction and automotive/fabrication sectors. The preliminary findings were revealed in April; the HSE hopes to publish the full review by York Consulting in summer 2003.
Published	Worker participation in health and safety: a review of Australian provisions for worker health and safety representation, www.hse.gov.uk/workers/content/pinreport.pdf, free (The potential of PINS).
Small firms
Management	The HSE produced health and safety tools for three management best practice programmes run by the Small Business Service (SBS). The tools are aimed at business advisers and their clients. Details: www.connectbestpractice.com/; www.benchmarkindex.com/; and www.iuke.co.uk/.
Mentoring	The HSE launched a free mentoring service for small firms in the textile and footwear manufacturing industries. The service includes an HSE mentor, who will visit the company by appointment to help carry out a sample audit. Participation is voluntary, but companies taking part will be exempt from the HSE's round of formal inspections. Initially, the scheme is limited to 20 companies with 50 or fewer employees. Details: Ian Cook, tel: 0113 283 4251, e-mail ian.cook@hse.gsi.gov.uk.
Published	Published: Aching arms (or RSI) in small businesses, INDG171(rev1), ISBN 0 7176 2600 8, free; An introduction to health and safety (INDG259 rev1)¹.
Smoking
ACoP	The government continues to dampen any hope of action on passive smoking at work. In March 2003, it stated that it had no plans either to review legislation on worker safety dealing with the effects of passive smoking or to introduce a levy on employers who continue to permit smoking. 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. 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 (41% in 2001, from 44% in 2000). Smoking-related behaviour and attitudes, National Statistics, tel: 020 7533 5702, ISBN 1 85774 503 5, free.
Effects	A report from Action on Smoking and Health (ASH) claimed that passive smoking at work kills three people every day. A killer on the loose, April 2003, ASH, tel: 020 7739 5902.
Stress
Standards	HSE-commissioned research concluded that it is still not possible to produce definitive information about how workplace stressors affect workers. The research will inform the HSE's development of good management practices and standards. Review of existing supporting scientific knowledge to underpin standards of good practice for work-related stress - phase 1, RR 024, ISBN 0 7176 2568 0, £25¹ or free at www.hse.gov.uk/research/rrhtm/index.htm. 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.
Medication	HSE-commissioned research found that anxiety, depression and related medication affect work performance. Effects of prescribed medication on performance in the working population, RR 057, ISBN 0 7176 2595 8, £20.¹
Heat	HSE-commissioned research resulted in a successful pilot of a simple risk assessment for managing stress caused by heat in the workplace. The development of a practical heat stress assessment methodology for use in UK industry, RR 008, ISBN 0 7176 2533 8, £25¹ or free at www.hse.gov.uk/research/rrhtm/index.htm.
Substance abuse	see also Stress
Policies	A Chartered Management Institute survey found that fewer than one in two organisations have a policy on drugs and alcohol. Managing the effects of drugs and alcohol in the workplace, tel: 020 7421 2704. The TUC claimed that 43% of organisations still do not have a drug and alcohol policy. Alcohol and work: a potent cocktail, www.tuc.org.uk/h.
Transport Bill	The Railways and Transport Safety Bill was due to have its "Report" debate in the House of Lords on 9 June 2003 (see also Railways above). The Bill addresses alcohol and drug abuse by people who work on ships, air flight crew and air traffic controller.
Testing	The Joseph Rowntree Foundation is funding an "Independent inquiry into drug testing at work", email: yolandeb@drugscope.org.uk, tel: 020 7922 8612.
Transport - dangerous goods
Consolidation	The HSC proposed on 3 June 2003 to simplify and consolidate into one set of Regulations the 14 separate pieces of legislation on the carriage of dangerous goods by road and rail (see p.8). The Regulations would implement two European Directives on the carriage of dangerous goods by rail and road (the RID and ADR framework Directives) and the outstanding provisions of the Transportable Pressure Equipment Directive (TPED) (Commission Directives 2003/28/EC and 2003/29/EC and Council Directive 1999/36/EC). Consultation closes on 2 September 2003, and the HSE hopes the new Regulations will come into force by spring 2004. Proposals for the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations,¹ or www.hse.gov.uk/consult/live.htm. The HSC had earlier confirmed that it would not meet its target date for implementation and consolidation. Instead, it published a consultative letter on 21 February 2003 proposing a short set of amending Regulations that would defer until 2004 the expiry date of 1 July 2003 under current laws governing the construction, inspection, testing and use of pressure receptacles and tanks. The HSC attributes the delay to the "continuing complexity of the task of drafting the consolidated Regulations". Consultative letter: www.hse.gov.uk/consult; comments to: cdgpolicy.spda@hse.gsi.gov.uk or Transport of Dangerous Goods Unit, HSE⁴, tel: 020 7717 6859.
Transport - roads
Work-related driving	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 DfT to progress 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. The HSE is making progress with implementation. It is also to issue general guidance for employers by late 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 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 (Transport: Managers will have to face occupational road risk test). 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, email: 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
Death sentences	On 3 April 2003, the Court of Appeal approved new guidelines for sentencing drivers who cause death by dangerous driving. The guidelines, which were drawn up by the Sentencing Advisory Panel, include a minimum sentence of two years if the driver was using a mobile phone or suffering from sleep deprivation. The panel's advice to the Court of Appeal, causing death by dangerous driving, www.sentencing-advisory-panel.gov.uk/.
Mobile phones	The Department for Transport says it is "getting close to drawing a conclusion" on its proposal for an offence that would prohibit the use of any hand-held mobile phone or similar device by drivers (Mobiles on the move). Consultation closed on 25 November 2002 on the proposals, which elicited more than 1,000 replies. The DfT has intended introducing the legislation in early 2003, but there has been slippage in the timetable. 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.
Transport - workplace
Accident prevention	Research carried out for the HSE by the Transport Research Laboratory concluded that the integration of workplace transport into a recognised safety management system would improve safety levels. The researchers produced a model system (Tackling workplace transport: a long haul in a small space). Review of workplace control measures to reduce risks arising from the movement of vehicles: phases 1 and 2, RR38, ISBN 0 7176 2581 8, £25¹ or free at www.hse.gov.uk/research/rrhtm /rr038.htm. The research is part of the activities around the inclusion of workplace transport as one of the HSC's eight priorities for 2001/04. The HSE claims it is too early to comment on its enforcement programme under the plan, other than that the number of inspections was well in excess of the total planned. Consultation closed on 10 May 2002 on a discussion document on improving workplace transport. This found that employers want more specific, clearer and accessible guidance (Industry reveals how to cut workplace transport risks). The document set out the HSE's inspection plans and sought views on seven specific areas. Preventing workplace transport accidents, DDE18, free (Transport: Third time lucky for HSE workplace transport plans?).¹ The HSE says that its analysis of the discussion document responses and the TRL research led it to start a review in January 2003 of its guidance on workplace transport. It anticipates that the new guidance and a dedicated website will be available by the end of 2003.
Vibration
Directive	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/eur-lex/en/oj/2002/l_17720020706en.html). The Directive is the second individual physical agents Directive (see Noise and Physical agents above). The HSE will publish a condoc in August 2003, with the Regulations due to be laid in Parliament in December 2004, coming into force on 6 July 2005. Interim comments can be sent to Brain Coles, HSE Health Directorate⁴, tel: 020 7717 6893, email: brian.coles@hse.gsi.gov.uk. Directive details. Progress details (Physical agents: Ministers place vibration proposals on shaky ground and EU Parliament toughens vibration values).
Women
Published	New and expectant mothers at work - a guide for employers, HSG122, ISBN 07176 2583 4, £9.50 (HSE delivers revised guidance for assessing pregnancy-related risk);¹New and expectant mothers who work - a guide for health professionals and A guide for new and expectant mothers who work - a guide for employees, available free at www.hse.gov.uk/.
Work equipment
PUWER	Part III of the Provision and Use of Work Equipment Regulations 1998 (PUWER 98) came fully into effect on 5 December 2002. Although new mobile equipment had been covered since 1998, the Regulations gave equipment in use before 1998 a four-year transitional period. Mobile equipment includes forklift trucks, dumper trucks and tractors. HSE advice: Safe use of work equipment: Provision and Use of Work Equipment Regulations 1998: Approved Code of Practice and guidance, L22, ISBN 0 7176 1626 6, £8.¹
Training	The HSE warned employers and the self-employed that they must not allow people to operate plant or equipment unless they are competent to do so. In particular, they must have adequate arrangements for complying with training requirements imposed by health and safety legislation. Part of these arrangements should involve checks to ascertain the validity of training certificates or plant licences. The HSE's warning follows an investigation in south-east England that discovered malpractice by a plant trainer that operates throughout the UK. As a result, the HSE served Prohibition Notices on David Harris and his company, Future International Training Ltd. Local HSE offices can advise employers about training and competence (details: www.hse.gov.uk).
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. The HSC intends to implement the Directive in Great Britain through a single set of new Regulations covering all industry sectors. The HSE had aimed to publish a consultative document with draft Work at Height Regulations and guidance in April 2003; this is now expected mid- to late-summer. 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 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. Details: http://intranet/management/hsc_meetings/2001/papers/c182.htm. HSE contact: David King, tel: 020 7717 6349, or email: David.King@hse.gsi.gov.uk. The HSE launched a pilot project aimed at reducing injuries due to falls from height. The HSE says that electrical and maintenance fitters are particularly at risk, and the most common agent involved in falls among both groups is ladders. Details: www.hse.gov.uk.
Working time
Directive	Following consultation, the Department of Trade and Industry is "revisiting" its proposals to extend aspects of the working time Directive to workers who are currently excluded from its provisions. Consultation closed on 31 January 2003. The proposals, which were published on 31 October 2002, would provide 770,000 workers with statutory rest breaks, limits on their working day and week, and paid annual leave. Beneficiaries include junior doctors and workers in the road, rail, air, sea, inland waterways, seafishing and offshore sectors. The government confirmed that transport workers would be covered by the Directive from 1 August 2003 (Hansard, 2 April 2003, 705 WA).³ 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. The Department of Transport is consulting separately on mobile workers in the aviation sector.
Workplace
Toilet breaks	The TUC called on employers to ensure that workers can take toilet breaks whenever necessary, without loss of pay. Gotta go campaign details: www.hazards.org/toiletbreaks.
Directive	The HSE is reviewing the Workplace (Health, Safety and Welfare) Regulations 1992. The first stage of the evaluation, which ended on 30 May 2003, involved employers and safety representatives completing a downloadable questionnaire. The Directives require member states to review the Regulations after five and 10 years. Questionnaire: www.hse.gov.uk/spd/pdf/question.pdf; printed versions: Colin Dunn, tel: 020 7717 6623.
Young workers
Working hours	Regulations came into force on 6 April 2003 further limiting 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 move is necessary because the UK's opt-out from the provisions ended on 22 June 2000. The Working Time (Amendment) Regulations 2002 (SI 2002 No. 3128).³

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/. Research reports are also available free at: www.hse.gov.uk/research/rrhtm/index.htm. Leaflets are also available free at: www.hse.gov.uk/pubns/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/ or www.tso.co.uk/bookshop/bookstore.asp, email: customer.services@tso.co.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, National Agricultural Centre, Stoneleigh, Kenilworth, Warwickshire CV8 2LZ, tel: 02476 696518 or www.hse.gov.uk/agriculture.

⁷Hazardous Installations Directorate, HSE, 2nd Floor St Anne's House, Bootle L20 3RA, tel: 0151 951 3099.

⁸HSE Information Centre, Bootle, Magdalen House, Trinity Road, Bootle, Merseyside L20 3QZ, tel: 0151 951 4382.

⁹"The Official Journal: Stationery Office, International Sales Agency, 51 Nine Elms Lane, London SW8 5OR, fax: 020 7873 8463.

¹⁰HSE website: www.hse.gov.uk.

¹¹TUC Congress House, Great Russell Street, London WC1B 3LS, tel: 020 7636 4030, www.tuc.org.uk.

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Health and safety: the state of play

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Health and safety: the state of play