Health and safety: the state of play

Subject

Progress and comments

Accidents

see also HSC/E

Investigation

There has been a four-month delay in the HSE's plans to issue guidance for employers on incident investigation. The publication is now scheduled to appear in July as A guide to accident/incident investigation, HSG245. The HSC opted for guidance on 3 December 2002 when it rejected its own 2001 proposal that employers be placed under a duty to investigate and record all RIDDOR-reportable injuries, ill health and near misses (Learning lessons from the investigation of accidents). The HSC took its decision in the light of an HSE paper that recommended guidance rather than legislation (HSB 316). The guidance will set out a systematic approach for employers' investigations and include a form for recording the details of the investigation and the action plan, and a question set based on HSG65 for identifying the immediate, underlying and root causes. The 2001 proposals followed a 1999 HSE discussion document, to which the HSE received 684 responses, with a majority broadly in favour of a new duty.

Accident book

Employers should have been using a new-style accident book since 1 January. Previous books were incompatible with the Data Protection Act 1998 (HSB 326). The HSE accident book, ISBN 0 7176 2603 2, £4.75¹ (employers do not have to use the HSE's book, but must ensure that their book complies with the Act).

Agriculture

Gangmasters

A Private Member's Bill to license and register gangmasters started its committee stage in the House of Commons on 28 April after an unopposed second reading on 27 February. The government decided to back the Bill after 20 Chinese cockle-pickers were killed at Morecambe Bay on 5 February (HSB 327)⁶.

Asbestos

Duty to manage

The new duty on employers and others to assess whether there is any asbestos in their buildings, and then either remove or manage it, came into force on 21 May (see New duty on maintenance of asbestos in force now). The duty also implements part of the 2003 asbestos Directive (see below).

Directive

The HSE intends to issue in autumn or winter 2004 a consultative document on the implementation of a 2003 Directive that tightens the controls on asbestos at work (HSB 311). The European Council adopted the Directive on 18 February 2003, and implementation is required by May 2006. Although UK law already covers much of the proposal, the Directive would 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 regulations). The Directive also: limits the number of activities that will be exempt from its provisions; prohibits certain extractive, manufacturing and processing activities (already covered by UK Regulations); and introduces a requirement that employers identify presumed asbestos-containing materials before demolition and maintenance (see "Duty to manage" above). The HSE says that any consultation will have to consider the interpretation of the phrase "reduced to a minimum" that is used in the Directive in place of "as far as is reasonably practicable". The UK supported the Directive. 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 L97/15.4.03⁹.

Chemicals/Dangerous substances see also Asbestos, Major hazards, Transport - dangerous goods

OEL reforms

The HSE received 57 replies to the HSC's Consultative document on proposals to introduce a new Occupational Exposure Limits framework, CD189, free¹. The proposals will replace the two types of OEL with a single Workplace Exposure Limit (WEL), linking them to good practice (Easier COSHH compliance and Health and safety: the state of play). The proposals reflected the responses to a 2002 discussion document (Rethinking the limits). Consultation on the proposals closed on 31 December 2003; the HSC's advisory committee on toxic substances considered the HSE's analysis in March and will consider the issue again in July. The HSC will then discuss the analysis in August and, if it approves, the changes will come into force at the end of the year at the same time as changes are made to the Control of Substances Hazardous to Health Regulations in respect of chromium cement (see "Dermatitis" below). The HSE reports that the responses were largely in favour of the proposals, although there were some concerns over the high number of Occupational Exposure Standards that will be deleted and some of the wording in the draft text. The HSE says it has addressed these issues in the revised text.

IOELV Directives

Proposals for a second Indicative Occupational Exposure Limit Values (IOELV) Directive are close to being finalised. After much negotiation, adoption by the European Commission is expected in the near future. IOELV Directives establish lists of substances with agreed exposure limit values that member states must take into account when setting domestic limits. The first IOELV Directive (2000/39/EC) was implemented in the UK in December 2001 (Health and safety: the state of play) through the HSE publication EH40/2002 Occupational Exposure Limits. The draft 2nd Directive currently lists 34 substances; the number of substances was reduced in 2003 from the original 43 because of uncertainties over the scientific basis of their proposed limits. The removed substances will remain, for the time being, in the annex of the first IOELV Directive (91/322/EEC). The latest draft of the second IOELV Directive, produced after consultation within the European Commission, contains a revised proposed limit for nitrogen monoxide, and is awaiting final agreement by member states' representatives prior to adoption by the Commission. Implementation of the Directive by member states is likely to be required 18 months after adoption. All limits will be subject to consultation, which will probably occur in spring 2005. Details: 020 7717 6216 or email: richard.pedersen@hse.gsi.gov.uk.

Dermatitis

The HSC will ban the supply and use of cement with more than two parts per million of chromium VI, which causes allergic dermatitis. Most UK cement exceeds this limit. The ban will be made in January 2005 by an amendment to the Control of Substances Hazardous to Health Regulations and the Chemical (Hazards Information and Packaging) Regulations 2002³. Consultative document: www.hse.gov.uk/consult/condocs/cd195.htm (HSB 327).

Environment

The HSE issued a demonstration CD-ROM covering the regulation of chemicals by health and safety and environmental Regulations. Currently available only as a CD-ROM, Chemical essentials should eventually be a free online service. The tool is part of the HSE's attempts to develop sources of advice that can be accessed without fear of enforcement action. Details: chemical.essentials@hse.gsi.gov.uk (HSB 327).

Lead

The number of workers under medical surveillance in 2002/03 for lead in their blood fell for the fifth consecutive year, to 12,773. The improvement reflects the reduction in the size of the industry. Report: www.hse.gov.uk/statistics/causdis/lead.htm (HSB 327).

Published

Dangerous Substances and Explosive Atmospheres Regulations 2002. Approved Code of Practice and guidance, L138, ISBN 0 7176 2203 7, £15.50¹ (HSB 326); Fuel cells: understanding the hazards, control the risks, HSG243, ISBN 0 7176 2766 7, £8.50¹ (HSB 327).

Compensation

CICB

Consultation ended on 29 March on Home Office proposals to switch payments from the Criminal Injuries Compensation Scheme to companies where employees are injured in a violent attack, suffer trauma as a result of suicide on the railways or are accidentally injured when taking exceptional risk. The Home Office received 110 responses, but ministers are yet to approve the summary and analysis of responses, and decide their course of action. If ministers decide to implement any of the proposals that require legislation, they would be tabled in the Commons committee stage of the Crime and Domestic Violence Bill. Compensation and support for victims of crime, www.homeoffice.gov.uk/inside/consults/current/index.html (Employers may face new compensation bill for victims of work-related violence).

Construction

see also Work equipment

Legislation

The HSE plans to issue a consultative document in November proposing revisions to the Construction (Design and Management) Regulations 1999 (CDM) and the Construction (Health, Safety and Welfare) Regulations 1996 (CHSW). The HSC approved the initiative on 16 September 2003; although the initial target had been a spring 2004 publication, the HSE reports a great deal of internal work in preparing the document. The HSC had always intended an early review of the Regulations, but the consultation gained impetus from the requirement to implement the temporary work at height Directive (see Work equipment), which will introduce major changes to the CDM Regulations. The HSC intends that the CDM/CHSW document will cover issues that arose from the responses to the Revitalising construction initiative (Health and safety: the state of play) and that are not within the scope of the planned Work at Height Regulations. It is possible that the CDM and CHSW Regulations may be merged. HSE position paper: www.hse.gov.uk.

Health

The HSE hopes that an occupational health support pilot scheme for construction will start this autumn. The "Constructing better health" pilot will offer free advice and support to construction projects in one region of the UK, probably in the Midlands, and will run for between one and two years (HSB 326 and 322). The pilot's Action Forum announced on 12 January that it had chosen Sypol and B&CE Benefit Schemes as preferred bidders for the provider and the administrative body respectively. The forum is now fundraising; by mid-May, it had secured £200,000 from each of B&CE, the HSE and the Department for Work and Pensions. It is now "working on" employers' bodies and says that it needs to raise just over £1 million in total. The forum has also established a holding company, Constructing Better Health Ltd, to oversee the scheme. In March 2003, the HSC's Construction Industry Advisory Committee (CONIAC) decided to set up an independent forum to raise funds for the pilot, determine the provider and establish a project consortium (HSB 318).

Designers

A spring 2004 re-run of the HSE's 2003 "designer initiative" left the HSE insisting there was still "a long way to go" before designers could be said to be "making a real contribution to reducing injuries caused by falls from height" (HSB 328).

Corporate social responsibility see also Economics, Insurance

Investors

The HSE-backed Corporate Health and Safety Performance Index (CHaSPI) is scheduled to go live in January 2005. The index was refined in February after a two-stage pilot, and is currently being tried out, on an anonymous basis, by a limited number of organisations. The index will help potential investors assess how well organisations manage their health and safety risks. It can also be used internally as a performance indicator. The index covers UK organisations with over 250 employees; electronic and small and medium-sized enterprises (SME) versions are also under development. CHaSPI: www.hse.gov.uk/research/chaspi.htm (CHaSPI: the corporate Health and Safety Performance Index).

Economics

Cost-benefit

The HSC published 19 case studies of organisations that achieved business and social benefits after implementing health and safety improvements. The business of health and safety, free¹ or www.hse.gov.uk (Safety is "enlightened self-interest").

Enforcement

see also HSC/E, Manslaughter

Sentences

There were 12 fines of £100,000 and over in this period covered by the table. The previous table also reported 12 such fines, making the past year or so the most notable yet for high levels of fines (although it is too early to say whether this reflects an increase in average fines as well). The fined organisations were: Thames Trains, £2 million (HSB 328); Nishimatsu Construction Company Ltd, £700,000 (HSB 326); John Laing Services Ltd, £175,000 (see HSB 329); Network Rail Infrastructure Ltd, £150,000 (HSB 326); Balfour Beatty Rail Infrastructure Ltd, £150,000 (HSB 326); Conder Structures Ltd, £150,000 (Repeat offender Conder fined £100k); Environment Agency, £150,000 (Death costs Environment Agency £170k); HBG Construction Southern Ltd, £150,000 (HSB 329); JDM Accord Ltd, £100,000 (HSB 328); Amoco, £100,000 (HSB 326); Biehlers (Baytree Nurseries and Garden Centre), £100,000 (HSB 326); and BSW Timber plc, £100,000 (Sawmill fined £100k for transport death).

Safety Bill

There has been no progress on the long-anticipated Safety at Work Bill. The HSE reports that it is "not optimistic" that the Bill will appear before the next General Election. Although the government announced the Bill in the 2000 Queen's Speech, it did not act on this commitment (HSB 308 and 301). Two of the Bill's main provisions - on railways and substance abuse - were included in the Railways and Transport Safety Act 2003 (Health and safety: the state of play). The remaining provisions of the Safety Bill would implement recommendations from Revitalising health and safety, notably an increase in the penalties available to magistrates for health and safety offences and the removal of Crown Immunity from statutory enforcement. Although the government remains committed to implementing these recommendations, it has not yet found the parliamentary time. The most likely route for an increase in fines is through a government-backed private member's Bill, although all such Bills to date have failed. The latest attempt is a 10-minute rule Bill introduced by Andy Love MP, but this does not have a second reading until 16 July and has no chance of reaching the statute book (HSB 326).

Explosives

see also Transport - dangerous goods

Legislation

The HSE hopes that new Regulations on the safe manufacture and storage of explosives will come into force on 1 January 2005. The HSE is still sorting out "legal details", and hopes to send the Regulations to the HSC in the summer and to ministers in the autumn. The HSC approved the package in November 2003, but the legal details meant that the original target of 1 May (so they would be in force for the 2004 bonfire season) has slipped. The HSE revised the proposals in light of a 2002 consultation exercise. Consultation 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. Over 100 replies were received, and they were generally supportive of the proposals. Proposals for new Regulations on the manufacture and storage of explosives, CD174, www.hse.gov.uk/consult/condocs/cd174.htm.

Fire

Legislation

On 10 May, the Office of the Deputy Prime Minster (ODPM) laid a draft Order to consolidate and rationalise workplace legislation on fire precautions (Prescott gives the order to fire). The original target had been autumn 2003. Of the 276 responses received in response to the 2002 consultative document, none were opposed to reform. The ODPM will publish a précis of responses after the draft Order has gone to committee, which was expected by the end of May. The ODPM expects to lay the Order in November, which will come into force in early 2005. The consultation, which followed 10 years of delays and deliberation, proposed that the ODPM 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 regime was 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 (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 to develop a coherent regime in 2000 (HSB 300), but responsibility for fire safety subsequently shifted to different government departments, before ending up with the deputy PM.

First aid

Evaluation

The HSE is about to complete its analysis of more than 500 responses to its discussion document on a major review of the UK's first-aid regime (First aid: time for surgery?). Consultation ended on 30 November 2003 and the HSE hoped that the HSC would discuss the matter at the end of May. The HSE will then carry out further limited consultation, predominantly via the first-aid pages on its website. The HSE's discussion document covers legislation, guidance, training and first-aid equipment. The HSE reports that the dialogue was welcomed by most of the respondents and that there will be few surprises in its announcement. A review and evaluation of the effectiveness of the Health and Safety (First-aid) Regulations 1981, DDE21, free¹. The review follows an HSE-commissioned evaluation of the regime that found that awareness among employers was high, but that compliance was more in spirit than to the letter of the law (HSB 317).

Health

see also HSC/E, Insurance, Smoking and Stress

Public health

Consultation closed on 28 May on a major government document on public health. The document stated that employers can make a significant contribution towards the general health and wellbeing of the nation and should not limit their activities to work-related hazards (Government starts "biggest ever" health consultation). Choosing health?, www.dh.gov.uk/Consultations/LiveConsultations/fs/en or tel: 020 7210 5343.

HSC/E

see also Enforcement

Strategy

The HSC published the final version of its strategy that should see the most radical reform yet of the UK's health and safety system. The strategy confirms that: the demarcation boundaries between the HSE and local authorities (LAs) will be replaced with a new partnership approach to enforcement; the HSE will recognise its resource limitations and reduce the number of areas in which it intervenes; the HSE will put distance between its enforcement and guidance roles by encouraging stakeholder involvement in the latter; and an acceleration in the HSC/E's shift from safety to health. A strategy for workplace health and safety in Great Britain to 2010 and beyond, misc. 643¹ or www.hse.gov.uk/aboutus/hsc/strategy.htm ("All dressed up" but where will the HSC's strategy go?). Summary of responses to the strategy consultation: www.hse.gov.uk/consult/condocs/strategycdresponse.pdf. Research report on the views of hard-to-reach groups: www.hse.gov.uk/research/rrhtm/rr197.htm. Consultation closed on 1 December 2003 on a draft HSC strategy (HSC strategy heralds health and safety make-up). Strategy for workplace health and safety in Great Britain to 2010 and beyond, free¹ or www.hse.gov.uk. The draft strategy followed a preliminary consultation exercise that ended on 13 August 2003 (HSB 321). Strategic thinking - work in progress¹. The delivery plan for the current strategy is set out in the HSC business plan for 2003/04, misc. 601¹ or www.hse.gov.uk/aboutus/plans/hscplans/plan0304.htm (HSC sees safety as society's cornerstone).

Reputation

A MORI poll found that employers and the general public have a positive view of both the HSE and the role of health and safety regulation. Attitudes towards health and safety: a quantitative survey of stakeholder opinion, MORI Social Research Institute, www.hse.gov.uk/research/misc/attitudes.pdf.

Information

Consultation will close on 21 May on HSC proposals to amend the way in which the HSE discloses information, in order to bring it in line with the Freedom of Information Act 2000 (The disclosure of information: what is the public interest?). The new entitlements to information would start from January 2005. The HSE used the exercise to launch an interactive consultation system on its website. Consultation document: www.hse.gov.uk/consult/live.htm or keith.pritchard@hse.gsi.gov.uk.

Revitalising

Progress on the HSE's implementation of the 44 action points from the government's core Revitalising health and safety can be found throughout this table. Although the HSE operates a Revitalising website, it has not updated it since January 2003, while the HSE's progress update has not changed since 2002: www.hse.gov.uk/revitalising/index.htm.

Securing health

The HSE held a conference in November 2003 to discuss the Securing health together initiative (Securing health reloaded). The conference considered reports from the action groups charged with tackling Securing's five programmes of work, on compliance, continuous improvement, skills, support and knowledge. Securing was launched in July 2000 and represents the HSE and the government's 10-year occupational health strategy (Healthy at work, healthy for life: HSC/E goes holistic). 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/.

Enquiry

The House of Commons select committee on work and pensions is enquiring into the work of the HSC and HSE and the effectiveness of current arrangements to promote health and safety. The HSC/E were due to appear on 12 May. Select committee: 020 7219 5833 (HSB 326).

Insurance

see also Corporate social responsibility

Employers' liability

HSE-commissioned research showed that almost all employers surveyed have compulsory Employers' Liability Compulsory insurance (ELCI). This contradicts previous non-HSE research (Employers' Liability Insurance). Survey of compliance with ELCI, Greenstreet Berman, RR 188¹ or www.hse.gov.uk/research/rrhtm/rr188.htm. The Department for Work and Pension (DWP) had published its final report on the alleged ELCI crisis in December 2003 (HSB 325). Although it did not propose concrete reforms, it committed the government to help link insurance with health and safety performance and to increase the importance of rehabilitation. Review of EL compulsory insurance - second stage report, www.dwp.gov.uk. The first stage of the DWP review reported on 3 June 2003, along with a broader Office of Fair Trade study into the liability insurance market (Safe not sorry: Employers' Liability Insurance). The reports reflected concern that employers were either facing significant premium hikes or were unable to obtain cover at all.

Major hazards

see also Chemicals

Seveso II

EC ministers adopted a Directive amending the Seveso II Directive on 16 December 2003. Implementing Regulations must come into force by 1 July 2005. The HSC will consult on implementation between 12 July and 1 October 2004. The Directive underwent the conciliation procedure after ministers failed to reach agreement on the 11 amendments introduced by the European Parliament at its second opinion on 18 June 2003, Ministers adopted a common position on 20 February 2003 (HSB 319). 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^7,8. Directive 2003/105/EC of the European Parliament and the Council amending Directive 96/82/EC on the control of major-accident hazards involving dangerous substances, OJ L 345/97 31.12.2003⁹.

Manslaughter

Corporate killing

The Home Office has again failed to produce its proposals for introducing a new offence of corporate killing. The Home Office minister responsible for the Bill, Baroness Scotland, admitted on 29 April that the government had failed to meet even its revised target dates, although it remained committed to introducing the Bill (see Home Office blames devil and detail as Kill Bill misses spring release date). The unresolved issues include Crown Immunity, the degree of failure involved in the new offence and its relationship with offences under the HSW Act. The Home Office had announced in May 2003 that it would publish a Bill and timetable in autumn 2003. It subsequently revised its targets first to the end of 2003, then to the end of April 2004. Consultation on the proposals ended on 1 September 2000. The Home Office received 166 responses - nearly all favoured change. The minister then responsible for the Bill, Keith Bradley said in June 2001 that the government had not yet made "final decisions" in the light of the comments received. Baroness Scotland confirmed that directors will not be 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. Reforming the law of involuntary manslaughter: the government's proposals. The HSC supports the new offence (HSB 292). The High Court of Judiciary in Scotland extended the potential for Scottish prosecutions for culpable homicide beyond the current scope of English law on corporate manslaughter (R v Transco, appeal no. XC392/03, 3 June 2003, HSB 326).

Prosecutions

There was one conviction for manslaughter in the period covered by the table: Peter Pell, a sole trader, was sentenced to one year in prison for removing the safety cage from a vehicle that subsequently crushed its driver (HSB 326).

Manual handling

Guidance

The HSE revised its guidance and a leaflet on the Manual Handling Operations Regulations 1992. The substance of the original guidance remains unchanged; the changes reflect knowledge about reducing manual handling risks and minor amendments to the Regulations made in 2002. Manual handling: guidance on Regulations, HSE, L23, ISBN 0 7176 2823 X, £8.95¹ and Getting to grips with manual handling: a short guide, free, priced packs of 10, ISBN 0 7176 2828 0¹.

Mines

Dust

Consultation closed on 28 May on proposals for new Regulations on the control of inhalable dust below ground in coal mines. The proposals would replace the Coal Mine (Respirable Dust) Regulations 1975 with a modern risk-based framework. The HSE hopes to submit draft Regulations to the HSC by January 2005. Proposals for the control of inhalable dust in coal mines, CD 194, free¹.

Noise

see also Physical agents

Directive

Consultation closes on 21 June on HSC proposals to replace the Noise at Work Regulations 1989³ in order to implement a third EC physical agents Directive (see How low can you go? and New Home Directive will halve sound pressure). The new Regulations are due to come into force in February 2006. The HSC believes its proposals will double the number of workers covered by the Regulations to more than two million. The main change is a reduction by five decibels (dB) of the exposure levels at which action has to be taken. The new exposure levels will be 80 dB and 85 dB, with a limit of 87 dB on personal noise exposure. The HSE was happy with the negotiation process, which allowed hearing protection to be taken into account when considering the noise exposure limit. Proposals for new Control of Noise at Work Regulations implementing the physical agents (noise) Directive (2003/10/EC), CD196, free¹ or www.hse.gov.uk/consult/live.htm. Comments to Andie Michael, HSE, North Wing⁴.

Nuclear

Incidents

There were no nuclear incidents in the UK between 1 July and 31 December 2003. Statement of nuclear incidents at 
nuclear installations: third quarter 2003 and fourth 
quarter 2003, free⁵.

Published

AWE plc's strategy for the decommissioning of its nuclear licensed sites: a review by HM Nuclear Installations Inspectorate, www.hse.gov.uk/nsd/awestrategy.pdf (HSB 326); The decision on the application to carry out a decommissioning project at Bradwell Power Station under the Nuclear Reactors (Environmental Impact Assessment for Decommissioning) Regulations 1999: a report prepared by HMNII on behalf of the HSE⁵ or www.hse.gov.uk/nsd/.

Offshore

Injuries

The number of major injuries in the offshore oil and gas industry rose by 36% from 47 in 2001/02 to 64 in 2002/03. Offshore injury, ill-health and incident statistics report 2002/03 (provisional data), HSR 2004 001, HSE, tel: 0151 951 3099, or: www.hse.gov.uk/offshore/statistics/hsr1003/index.htm (HSB 327).

Physical agentssee also Noise and Vibration

Optical radiation

Work has started on a proposal for a Directive on optical radiation. The Irish presidency of the EU held a technical workshop in Luxembourg in February 2004. The HSE expects to see a first draft of the proposal under the Dutch presidency in the second half of 2004. The "theme-setting" workshop appraised member states of the hazards and looked at the range of optical groups that will be covered (ultraviolet and infrared as well as laser issues). The proposal would be the fourth individual physical agents Directive. Of the other three, the HSC has published implementation proposals for the two adopted Directives - on noise and vibration - and EU ministers are close to adopting a Directive on electromagnetic fields (see below).

EMFs

Adoption of a Directive on electromagnetic fields (EMFs) is imminent. Discussions are taking place about amendments made by the European Parliament's employment and social affairs committee (HSB 327). EC ministers reached political agreement on a common position on 20 October 2003. The HSE had earlier amended the proposal into a form that it can support (HSE wins limited concessions on draft EMF Directive and HSE fights "gold-plated" electromagnetic fields Directive). The proposal is based on risk assessment, exposure control, health surveillance and the provision on information, instruction and training. The HSE says that the Directive reflects 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. Proposal for a Directive of the European Parliament and European Council on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (EMFs), amended proposal 92/0449/C/(COD) 14 October 2003, tel: 020 7717 6254.

Railways

Legislation

Consultation closed on 31 December 2003 on an HSC discussion document on the renewal and updating of railway safety legislation (HSB 324). The HSE received 67 responses from across the railway industry. Respondents generally supported the drive for more effective, simpler and focused Regulations. The HSE is now working on draft Regulations that will simplify and replace the requirements on rail safety cases, safety critical work and approval of works, plant and equipment. The HSC will publish a consultative document in early September on the draft Regulations. Consultation will last three months. The legislation affected is the Railways (Safety Cases) Regulations 2000, the Railways (Safety Critical Work) Regulations 1994 and the Railways and Other Transport Systems (Approval of Works Plant and Equipment) Regulations 1994. The responses to the discussion document also highlighted wider issues that the document did not address. For example, some noted that the HSE should not be both "permissioner" and "prosecutor". The HSE replies that separation of enforcement would double the number of enforcers, leave duty-holders open to inconsistent enforcement, and would run counter to the principles of good regulation. Nor is there such separation in other permissioning regimes. Summary of responses: www.hse.gov.uk/consult/disdocs/railwayddresponse.pdf. Consultation document: Safety on the railway - shaping the future, www.hse.gov.uk/consult/live.htm.

Regulation

The HSC published its response to the Department for Transport's fundamental review of the regulation of the railways, which was announced on 19 January. The HSC emphasises that safety on the railways must be "truly independent" of industry and economic pressures, and that the regulator must have enforcement "teeth". Submission to the Secretary of State for Transport from the HSC, www.hse.gov.uk/railways/liveissues.htm (see HSB 329 and HSB 326).

Prosecutions

Thames Trains Ltd was fined £2 million on 5 April after it pleaded guilty to breaches of the HSW Act in connection with the 1999 Ladbroke Grove rail collision (HSB 328). The HSE announced in 2002 that it would also prosecute Network Rail (formerly Railtrack plc), although subsequent progress has stalled while the British Transport Police continues to investigate the company.

Safety representatives

Review

After almost three years of prevarication, the HSC published an anodyne statement of intent on increasing the involvement of employees and their representatives in workplace health and safety (HSE misses worker participation chance). The statement followed the HSC's decision not to proceed with replacing the Safety Representative and Safety Committees Regulations 1977 and Health and Safety (Consultation with Employees) Regulations 1996 with a single set of harmonised Regulations. The replacement was to have been part of a two-part strategy to improve employers' consultation with workers (HSC confirms repeal of safety reps Regs). The strategy followed the HSE's analysis of 850 responses to a 1999 discussion document (HSB 284). A collective declaration on worker involvement, www.hse.gov.uk/workers/involvement/index.htm.

Pilot

The HSE was due to announce on 9 June the organisations that have been awarded grants to fund worker safety advisers (WSAs). Funding starts in July. The WSAs will help workers and employers identify and manage risks together where there are no union-appointed safety representatives. The grants of up to £100,000 will be made from a three-year £3 million WSA Challenge Fund, launched by the government after a successful 2002 WSA pilot in nine areas in the retail, hospitality, voluntary, construction and automotive/fabrication sectors (Worker Safety Advisers are go). The scheme will focus on smaller firms and those that lack health and safety arrangements. Details: www.hse.gov.uk/workers/involvement/wsachallenge.htm.

Smoking

ACoP

The government continues to maintain silence on an Approved Code of Practice on passive smoking at work. The HSC recommended an ACoP to ministers on 5 September 2000 (HSB 292), but they asked the HSC to reconsider the implications of an ACoP for the hospitality and small business sectors, and the role that the Public Places Charter might play. The charter is the mainstay of a voluntary approach that the government now appears to favour (HSB 325). In March 2003, the government stated it had no plans to review legislation on worker safety dealing with the effects of passive smoking. The HSE received 490 responses to the HSC's 1999 consultative document on the ACoP.

In February, anti-smoking organisation ASH warned the UK's leading hospitality employers against reliance on a voluntary approach. In a registered letter, ASH claimed that employers could be held liable for damage to workers' health caused by smoking in the workplace from the early 1990s at the latest (Securing health reloaded).

Stress

Standards

The HSE was due to consult in late-May - mainly via its website - on the final versions of its draft standards for the management of work-related stress (Stress pilot takes off). The pilot finished at the end of 2003 (www.hse.gov.uk/stress). The report on the HSE's 2004 evaluation of the pilot should be available at the same time as the consultation. The HSE hopes that the final versions will be published by the end of 2004, after when the HSC will need to decide whether or not an Approved Code of Practice on stress should be introduced.

The HSE published guidance on stress: Real solutions, real people - a managers' guide to tackling work-related stress, ISBN 0 7176 2767 5, £20¹ (HSB 324)¹; and research that informed the guidance (HSB 322): Beacons of excellence in stress prevention, RR133, ISBN 0 7176 2709 8, £20¹ (HSB 324) and Best practice in rehabilitating employees following absence due to work-related stress, RR138, ISBN 0 7176 2715 2, £20¹ or free at www.hse.gov.uk/stress (HSB 324).

Compensation

On 1 April, the House of Lords overturned the decision in one of the four cases that made up the landmark Court of Appeal Sutherland v Hatton judgment on work-related stress (see Lords remind employers of stress duties and Court of Appeal issues guidelines on stress claims). In Barber v Somerset County Council, the Lords said that although the Sutherland principles for dealing with such cases were "useful practical guidance", they were only that and had no statutory force.

The Industrial Injuries Advisory Council (IIAC) decided against making work-related stress a prescribed disease. The IIAC also clarified the prescription of post-traumatic stress disorder (Work-related stress fails prescription test). Stress as a prescribed disease and post-traumatic stress disorder, IIAC position paper 13, www.iiac.org.uk.

On 11 February, the Court of Appeal said in Dunnachie v Kingston upon Hull City Council that an employment tribunal can award compensation for psychiatric injury arising from an unfair dismissal (HSB 327).

Henley College paid a lecturer £80,000 in an out-of-court settlement after he suffered a nervous breakdown allegedly caused by overwork (HSB 327). In a second settlement, a deputy headteacher received £200,000 for bullying by her governors (see HSB 329).

Transport - dangerous goods

Consolidation

New Regulations on the carriage of dangerous goods by road and rail came into force on 10 May. The Regulations simplify and consolidate 14 sets of Regulations and 
implement Directives 2003/28/EC, 2003/29/EC and 1999/36/EC. They also directly reference two 2003 international agreements on the land carriage of dangerous goods by rail (RID) and road (ADR). The main changes under the Regulations include: new limited quantity and load thresholds for transporting dangerous goods; packaging requirements that are based on RID and ADR; new reporting requirements; and the phasing out of the competent person periodic inspection regime for transportable pressure equipment by 1 July 2006. Responsibility for drafting future legislation in this area has now moved to the Department of Transport. The Regulations were agreed by the HSC on 9 December 2003 and laid before parliament on 16 April 2004. Consultation on the HSC's June 2003 proposals closed on 2 September 2003. Carriage of Dangerous Goods and Use 
of Transportable Pressure Equipment Regulations 2004, 
SI 2004 No.568, ISBN 0 11 049063 0, £9³ or free at: hmso.gov.uk/si/si2004/2004568.htm (see HSB 329). HSE guidance: Working with ADR? An introduction to the 
carriage of dangerous goods by road, free¹ or www.hse.gov.uk/pubns/trandan.htm.

Vibration

Directive

Consultation closed on 31 March 2004 on two consultative documents setting out draft Regulations and guidance implementing the vibration Directive (HSB 325). The HSE received 65 replies to each document. It is currently analysing them, but states that the majority supported the proposed Regulations and guidance, although there were some opposing views. The HSE hopes to report its analysis and make recommendations to the HSC by the end of July. It plans for the Regulations to be made and laid by February 2005, coming into force by 6 July 2005. The guidance should be published by March 2005. EU ministers adopted the Directive on 21 May 2002 (OJ L177/6.7.02). It is the second individual physical agents Directive (see Physical agents above). The proposals would require: assessment of vibration exposure levels and reduction of exposure to a minimum; maintenance of exposure below an exposure limit value; and provision of health surveillance. Proposals for new Control of Vibration at Work Regulations implementing the physical agents (vibration) Directive (2002/44/EC) - Hand-arm vibration, CD190, and Whole-body vibration, CD191, free¹.

Violence

Compensation

Swansea City and County Council agreed an out-of-court settlement of £200,000 with a social worker who sustained serious psychological and physical injuries when a client assaulted her at work (HSB 327).

Work equipment

Falls from height

The HSE received almost 500 replies to its consultation exercise on proposed Work at Height Regulations (Implementing the falls from height directive)¹. Consultation closed on 2 April; the HSE is now examining the comments and envisages that the new Regulations will be made by December. Implementation is required by 27 June 2005 (HSB 294). The Regulations will harmonise existing laws and implement the temporary work at height Directive (2001/45/EC, OJ L195/19.7.2001⁹), which is the second amendment to the 1989 use of work equipment Directive. The Regulations will require that work at height is properly planned, organised and supervised by competent people. Proposals for Work at Height Regulations, CD192, www.hse.gov.uk/consult/condocs/cd192.htm, free. Also published: Evaluating the performance and effectiveness of ladder stability devices: final report, RR205, £35¹ or free at: www.hse.gov.uk/research/rrhtm/rr205.htm (HSB 327).

Working time

Directive

Implementation of the extension of the 1993 working time Directive to previously excluded sectors is in its final stretches. The Directive covers entitlements to a maximum 48-hour working week, rest breaks, rest periods and four weeks' paid annual leave (HSB 309). Progress on the excluded sectors is set out below; the original Directive was implemented in the UK by the Working Time Regulations 1998.

The government will consult in June on draft Regulations that will extend the provisions of the 1998 Directive to lorry and coach drivers. Consultation closed on 23 January 2004 on the government's "preliminary" proposals (Lorry and coach drivers face limits on working hours). On 29 April, the government announced its response to the consultation, confirming that it will enforce the entitlements upon complaint, rather than proactively, and that the main approach will be based on advice (see HSB 329). The Directive's provisions must be in force by 23 March 2005, although self-employed drivers will not be affected until 2009. Consultation on the UK's proposal for implementing the working time Directive for mobile workers in the road transport sector (2002/15/EC) and Partial regulatory assessment for the RTD, www.dft.gov.uk/freight/rtd; or email workingtime@dft.gsi.gov.uk.

The Department for Transport hopes that Regulations on mobile workers in civil aviation will come into force in early summer.

New Regulations came into force on 1 August 2003 extending provisions of the Directive to around 770,000 workers previously excluded (Lorry and coach drivers face limits on working hours). The Regulations implement the EC Horizontal Amending Directive and cover: non-mobile workers in the road, rail, air and sea transport sectors; mobile workers in the rail and non-HGV road transport sectors; offshore oil and gas workers. The Regulations will apply to junior doctors from 1 August 2004, although there will be a five-year transitional period. The Working Time (Amendment) Regulation 2003, SI 2003 No.1684³. The European Commission is reviewing the use that member states are making of the option to "opt out" from the 48-hour maximum working week in the 1993 working time Directive. Communication from the Commission . . . concerning the re-examination of Directive 93/104/EC concerning certain aspects of the organisation of working time, COM(2003)843 final, 30 December 2003⁹.