Health and safety: the state of play

Using the table

State-of-play table

Subject

Progress and comments

Accidents - see also HSC/E

Statistics

The total numbers of fatal, major and over-three-day injuries all rose in the year to 31 March 2004 (Revitalising targets four years on: still too soon to measure). The fatality and major rates also rose, although that for over-three-day injuries fell. Nevertheless, improved rates of reporting meant that the HSE was unable to find any clear evidence of progress or otherwise towards the government's Revitalising health and safety targets: Health and safety statistics highlights 2003/04, HSE and National Statistics, misc 663, HSE statistics coordination unit, tel: 0151 951 3469, free. The report and more detailed data, as well as a report for 2003/04 on occupational health, are available at www.hse.gov.uk/statistics. The rise in work-related fatalities was caused by an increase in self-employed fatalities (Inspectors down, injuries up: health and safety the LA way): Statistics of fatal injuries 2003/04, HSE, tel: 0151 951 3864 or www.hse.gov.uk/statistics/overall/fatl0304.pdf, free.

Investigation

The HSE finally published: Investigating accidents and incidents: a workbook for employers, unions, safety representatives and safety professionals, HSG245, ISBN 0 7176 2827 2, £9.50 (HSB 331 p.4)¹. 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 p.1). The guidance sets out a systematic approach for employers' investigations. 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.

Incidents

Strathclyde Police, the Crown Office and the HSE are still investigating the deaths of nine workers at a plastics factory. The explosion at Stockline Plastics Ltd, which is part of ICL Plastics group, occurred on 11 May 2004 (HSB 330 p.1).

Agriculture

Gangmasters

A Private Member's Bill to license and register gangmasters received Royal Assent on 8 July 2004 (Gangmasters to be licensed in 2005). The Gangmasters (Licensing Act) 2004³ carries penalties of up to 10 years in prison. The government hopes the new Gangmasters Licensing Authority, which the Act establishes, will be operational by April and issue the first licenses during the summer. The Bill made rapid progress once government indifference gave way to support after 20 Chinese cockle-pickers were killed at Morecambe Bay on 5 February 2004 (HSB 327 p.4)⁶. The Bill had an unopposed second reading on 27 February 2004 and third reading in May 2004.

In May 2004, the all-party Select Committee on the Environment, Food and Rural Affairs criticised the government for doing nothing about gangmasters beyond issuing a tender for one piece of research, despite the committee's 2003 report criticising the government for a "perfunctory and uncoordinated" approach to enforcement (Government backs licensing of gangmasters). Gangmasters (follow up): eighth report of session 2003-04, HC 455, ISBN 0 215 01725 0, £15.50³ or free at: www.parliament.uk./parliamentary_committees/
environment__food_and_rural_affairs.cfm.

Pesticides

The HSE investigated 204 pesticide incidents in the year to 31 March 2004 (HSB 334 p.5). Although the total was 11 below that for the previous year, the number of incidents involving allegations of ill health rose by two to 62: Pesticides incidents report 2003/04, www.hse.gov.uk/agriculture/information.htm.

Risk assessment

The HSE issued an interactive software package to help farmers carry out a risk assessment (HSB 336 p.4). Downloadable version: www.hse.gov.uk/agriculture/assessment/ ;CD-ROM version¹, free.

Published

Fatal injuries in farming, forestry and horticulture 2003/04, free⁶ or www.hse.gov.uk/agriculture/information.htm (HSB 331 p.4); Structural deterioration of tractor safety cabs with age, RR251, ISBN 0 7176 2873 6, £25¹ or free at: www.hse.gov.uk/research/rrhtm/rr251.htm.

Asbestos

Directive

The HSE intends issuing in the summer a consultative document on the implementation of a European Directive that tightens the controls on asbestos at work (HSB 311 p.6). The HSE had hoped to consult during winter 2004; consultation will now be "tighter" so that implementation still meets the Directive's requirement of May 2006. Implementation will be through amendments to the Control of Asbestos at Work Regulations. The European Council adopted the Directive on 18 February 2003. 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 (HSB 305 p.5 and 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 (now covered in the UK). 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.

Published

Karabiner safety in the arboriculture industry, www.hse.gov.uk/research/hsl/engineer.htm.

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

OEL reforms

Regulations replacing the Occupational Exposure Limits (OELs) framework will come into force on 6 April: The Control of Substances Hazardous to Health (Amendment) Regulations 2004, SI 2004 No.3386, ISBN 0 11051407 6, £3³. The Regulations, which also cover chromium cement (see Chemicals (Dermatitis) ), will replace the two types of OELs - Maximum Exposure Limits and Occupational Exposure Standards (MELs and OESs) - with a single Workplace Exposure Limit (WEL), linking them to good practice (Easier COSHH compliance and Health and safety: the state of play). In April, the HSE will publish a new edition of EH40/2005 Occupational Exposure Limits, the COSHH ACoP and the free guide to COSHH leaflet. The HSE will continue to work on ongoing guidance and compiling good practice studies. The HSE also hoped that a chemicals portal would be available from its website in February.

The HSE received 57 replies to the HSC's Consultative document on proposals to introduce a new OEL framework, CD189, free¹. 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 (ACTS) considered the HSE's analysis in March and July 2004, with the HSC approving the proposals in principle at its November 2004 meeting. The HSE reports that the responses were largely in favour of the proposals but, in the light of the comments, the HSE has made several changes, three of which are significant. The first concerns the duty to control exposure: although there is no change to the basic requirement not to exceed a WEL, the proposals also required exposure to carcinogens and mutagens to be reduced as low as reasonably practicable (ALARP). Following consultation, the HSE has added asthmagens to the ALARP category. Second, some respondents were concerned that the COSHH ACoP appeared to make the use of COSHH essentials (HSE guidance) a legal requirement. The HSE has therefore reworded the final version of the ACoP so that duty holders can choose from the COSHH essentials approach, other good practice guidance or start from first principles. Third, the consultation document had proposed deleting the 322 OESs that ACTS agreed were not soundly based. Consultees were divided evenly on this proposal and the HSE has deleted only those 102 OESs for which there is some concern about whether human health is protected at the value of the OES. Overall, the HSE will transfer 396 MELs and OESs into the new framework as WELs. The numerical values of the limits are unchanged.

The HSC's December 2004 meeting approved in principle a draft version of a strategy for communicating the new framework. Communications strategy for the new OEL framework, HSC paper HSC/04/138⁷.

IOELV Directives

There has been no progress of significance on the proposals for a second Indicative Occupational Exposure Limit Values (IOELV) Directive. After much negotiation, adoption by the European Commission had been expected by mid-2004. This did not happen, and adoption remains "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's EH40/2002 Occupational Exposure Limits. The draft second Directive currently lists 34 substances; the number 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 2nd 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. 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 during 2005.

Dermatitis

New Regulations came into force on 17 January banning the supply or use of cement and cement products that have a chromium VI concentration of more than two parts per million: The Control of Substances Hazardous to Health (Amendment) Regulations 2004, SI 2004 No.3386, ISBN 0 11051407 6, £3³. Most UK cement exceeds this limit (HSB 336 p.4). The Regulations implement European Directive 2003/53/EC (the 26th amendment of the marketing and use Directive) and will help prevent allergic contact dermatitis. The 30 replies to the HSE's 2004 consultative document showed "overall support" for the proposals, albeit with reservations on the detail. The HSC approved the HSE's analysis on 9 November 2004 (HSC/04/89) and the Regulations were made on 20 December 2004. Consultative document: www.hse.gov.uk/consult/condocs/cd195.htm (HSB 327 p.5).

The Regulations also extend the existing disapplication of the COSHH and the Control of Lead at Work Regulations 2002 (CLAW) from sea-going merchant ships to all merchant ships, and revise the wording of both sets of Regulations to clarify that the duty to maintain exposure controls applies to working machinery.

The HSE did not go ahead with changes to the CLAW Approve Code of Practice (ACoP) because it would have meant people buying a new ACoP for just a few paragraphs. The changes will instead be included when the ACoP is next amended.

Asthma

The British Occupational Health Research Foundation (BOHRF) published new guidelines to help doctors and practice nurses recognise and report asthma cases where the disease might have an occupational link (HSB 332 p.5): www.bohrf.org.uk.

Published

Approved list of biological agents, www.hse.gov.uk/a-z/d.htm#dangerous_pathogens (HSB 330 p.8).

Compensation - see also Rehabilitation

CICB

On 14 June 2004, the Home Office rejected its own proposals to switch payments from the Criminal Injuries Compensation Scheme to employers 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 then Home Secretary, David Blunkett, said the government would look at voluntary initiatives and "discourage the trend towards greater caution and instead reward those who are prepared to set that aside in the interest of helping others" (HSB 331 p.3). Consultation ended on 29 March 2004; the Home Office received 110 responses: 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).

Culture

The government's Better Regulation Task Force rejected the notion that the UK is in the grip of a "compensation culture". Instead, a task force report recommended that: the chief medical officer lead a cross-departmental group to assess the economic benefits of no-fault NHS-provided rehabilitation; and the Department for Work and Pensions leads a group to develop mechanisms for earlier access to rehabilitation. Both groups were due to report in late February. Better routes to redress, www.brtf.gov.uk or tel: 020 7276 2142, free ("Compensation culture" is media myth).

Confined spaces

Review

An HSE review of the Confined Spaces Regulations 1997, Approved Code of Practice (ACoP) and guidance has decided that they are "fit for purpose". On 7 December 2004, the HSC approved the HSE's paper on the review, which also stated that the HSE should continue to work with industry to raise awareness of the risks of working in confined spaces and to promote good practice. Ministers requested the review when making the Regulations; the review comprised a questionnaire sent to 3,000 stakeholders and an analysis of accident data. Respondents found the ACoP and guidance easy to follow, although the statistical evidence, states the HSE, is that the Regulations "have had no discernable impact on accident figures". Nine people have already been killed in 2004/05 while working in confined spaces. The HSE states that "common to most deaths is the lack of awareness or risks related to working confined spaces". Review of the Confined Spaces Regulations 1997, HSC paper HSC/04/121⁷.

Construction - see also Work at height

Legislation

The March meeting of the HSC will consider a proposal from the HSE to issue a consultative document in April proposing revisions to the Construction (Design and Management) Regulations 1999 (CDM) and the Construction (Health, Safety and Welfare) Regulations 1996 (CHSW). Consultation will close in July, with the Regulations coming into force in late 2006. The HSC approved the initiative in principle on 16 September 2003. 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 at height), which will introduce major changes to the CDM Regulations. The HSC intends that the CDM/CHSW document will cover other legislative issues that arose from the responses to the Revitalising construction initiative (the main emphasis of the initiative was non-legislative) (Health and safety: the state of play). HSE position paper¹⁰.

Audit

A summer 2004 National Audit Office report found that the HSE's work in construction showed a more strategic approach than in previous years and was having an increased impact on sites, clients, designers and suppliers (Laying foundations for better construction health and safety). Nevertheless, the NAO concluded that the industry was unlikely to realise the target it set itself in 2001 of a 40% reduction in deaths and major injuries by 2005 and a 55% reduction by 2010 (HSB 297 p.8): HSE: improving health and safety in the construction industry. Report by the Comptroller and Auditor General, HC531 2003/04, NAO, ISBN 0 1029 2805 3, £9.25³ or free at: www.nao.org.uk.

Health

"Constructing better health", the Leicestershire-based occupational health support pilot for the construction sector, was launched on 22 October 2004. The pilot will run for between 18 and 24 months and will target 20,000 construction workers in Leicestershire. It will offer employers and workers best-practice management advice to reduce exposure to the main health risks. This includes free help with on-site risk assessment, occupational health screening for workers, and a gateway to further specialist support, if required (HSB 326 p.11 and 322 p.6). To date, £845,000 of the £1.3 million required to fund the pilot has been secured from government and industry sources, including £200,000 from each of B&CE Benefit Schemes, the HSE and the Department for Work and Pensions, and £100,000 from the Association of British Insurers. The "Constructing better health" board, the industry-run company established to manage the pilot, is confident of securing further contributions to meet the target. The HSE points out that organisations that donate to the scheme will be able to claim up to 32.75% tax relief. "Constructing better health" website: www.fitbuilder.com; helpline, tel: 0116 281 3537 (9am-5.30pm Monday to Friday).

Enforcement

HSE inspectors served improvement notices at one in five sites they visited during a nationwide blitz in June 2004 (HSB 331 p.4). The blitz was part of an EU-wide initiative to address the three major causes of fatal and serious injuries in construction: falls from height; transport on site; and lifting heavy loads. These three categories account for over 70% of all construction fatalities (HSB 330 p.8). The figures mark an improvement on a September 2003 blitz, which saw notices served at one in four sites. Details: www.hse.gov.uk/campaigns/index.htm.

Designers

During April 2004, HSE construction inspectors met designers and planning supervisors at 122 sites across Scotland and northern England, focusing on falls from height. They found that 60% of designers had adequate knowledge of their legal duties, compared with 33% reported in 2003 (HSB 330 p.8). Designer initiative 2004 project, www.hse.gov.uk/construction/designers/report.pdf.

Corporate Social Responsibility - see also Economics, Insurance

CHaSPI

The electronic version of the HSE-backed Corporate Health and Safety Performance Index (CHaSPI) should be accessible via the HSE's website from May. 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 (CHaSPI: the Corporate Health and Safety Performance Index). The index was refined in February 2004 after a two-stage pilot, and was then trialled, on an anonymous basis, by a limited number of organisations. Validation was completed in November 2004 and approved at a high-level HSC/E meeting, in December 2004. The validation recommended that the index remain with the HSC/E, which raises the question of funding. The HSE and Greenstreet Berman, which developed the index, are now resolving the outstanding issues that arose from the validation, including: making sure that sickness absence levels reflect work-related health or safety issues, rather than general sickness; applying the index to companies that operate overseas or that have distinct parts in the UK; and clarification of the major hazards indicator, which some participants found confusing. The index covers UK organisations with over 250 employees; the HSE issued an "indicator" for SMEs in January (see SMEs). The SME version is hazard, rather than management, based. CHaSPI: www.hse.gov.uk/research/chaspi.htm.

Economics

Costs

New HSE figures estimated that the annual costs to employers in Britain of poor health and safety standards might be as high as £7.8 billion. The cost to society may be four times higher. Interim update of the "Costs to Britain of workplace accidents and work-related ill health in 1995/96", www.hse.gov.uk/statistics/dayslost.htm (Employers face £7bn "accident" bill).

The HSE added three more case studies on the business benefits of managing health and safety to the 18 already on its website (HSB 333 p.4)⁷.

Enforcement - see also HSC/E, Manslaughter

Fines 2003/04

The average fine imposed by British courts in the year to 31 March 2004 was £13,947 per case - an increase of 57.6% on the previous year's average of £8,846 (HSB 334 p.5). The average fine per offence rose by £3,607 over the year to reach £9,858. But the large increases were caused partly by the imposition of 20 fines of between £100,000 and £700,000. If such "exceptional" fines are excluded, the average fine per case rose by 16.9% from £8,054 to £9,415. The year 2003/04 saw the HSE take 982 prosecutions; just 17 of these involved directors, of whom 11 were convicted. The number of enforcement notices issued by the HSE fell over the year from 13,324 to 11,295, which marks a return to pre-2002/03 levels. Offences and penalties report 2003/04, HSE, www.hse.gov.uk/enforce/off03-04.

Exceptional fines

There were 16 fines of £100,000 and over in the period covered by the table. The previous two tables reported 12 such fines each, making the past 18 months or so the most notable yet for high individual fines (although it is too early to say whether 40 exceptional fines in 18 months reflects a significant increase in average fines as well). The companies were: B&Q plc, £550,000 (HSB 332 p.3); Jarvis Facilities Ltd, £400,000 (HSB 331 p.1); Sunlight Services Group Ltd, £325,000 (HSB 331 p.3); Felixstowe Dock and Railway Company, £250,000 (HSB 332 p.6); BAE Systems, £250,000 (HSB 335 p.2); Dalebrick Ltd, £200,000 (HSB 332 p.3); Jarvis Facilities Ltd, £200,000 (HSB 334 p.2); First Engineering Ltd, £200,000 (HSB 334 p.3); Sovereign Rubber Ltd, £175,000 (HSB 330 p.2); McGinley Recruitment Services Ltd, £175,000 (HSB 333 p.2); Balfour Beatty Rail Infrastructure Services Ltd, £150,000 (HSB 333 p.3); Wates Construction Ltd, £150,000 (HSB 331 p.2); McDermott Bros Contactors Ltd, £150,000 (HSB 336 p.3); Blackpool Borough Council, £120,000 (HSB 334 p.2); RMD Kwikform Ltd, £100,000 (HSB 330 p.3); Clariant Life Science Molecules (UK) Ltd, £100,000 (HSB 336 p.2).

Safety Bill

There has been no progress on the long-anticipated Safety at Work Bill. There was no mention of the Bill in the 2004 Queen's Speech, and there is no possibility of a government Bill before the General Election (assuming it occurs in 2005). Although the government announced the Bill in the 2000 Queen's Speech, it did not act on this commitment (HSB 308 p.2 and 301 p.5). 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 (see Revitalising), 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 claims that it 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, including the most recent - a 10-minute rule Bill introduced by Andy Love MP (HSB 326 p.8).

Prison

In addition to three prison sentences for manslaughter, the period since the last state of play table saw a diver who forged a diving qualification certificate jailed for 12 months for obtaining property by deception (HSB 336 p.2).

Ethnic minorities - see also Gas

Published

A rise in migrant worker deaths prompted the HSE and TUC to publish a basic safety leaflet in 19 different languages (HSB 335 p.2): Your health, your safety: guide for workers, www.hse.gov.uk/languages/index.htm. It also issued basic catering leaflets in Bengali, Chinese, Gujarati, Greek, Turkish and Urdu - www.hse.gov.uk/languages/index.htm, free.

Explosives - see also Transport - dangerous goods

Legislation

The HSC was due to consider draft Regulations on the safe manufacture and storage of explosives at its February meeting. Subject to approval by ministers and Parliament, the Regulations will come into force on 6 April. Consultation in 2002 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. Proposals for new Regulations on the manufacture and storage of explosives, CD174, www.hse.gov.uk/consult/condocs/cd174.pdf. The HSE revised the proposals to reflect the responses and the HSC approved the proposals in November 2003. The timetable for implementation then slipped because the "legal details" took longer to sort out than anticipated.

Fire

Legislation

The Office of the Deputy Prime Minister (ODPM) is at an advanced stage in its consolidation and rationalisation of workplace legislation on fire precautions for England and Wales. The initiative comprises the Regulatory Reform (Fire Safety) Order: www.odpm.gov.uk, free. This is going through the parliamentary process and is due to come into force this spring: the ODPM is currently considering the recommendations of the Regulatory Reform Committee of the House of Commons and Delegated Powers and Regulatory Reform Committee of the House Of Lords (27th report). The government laid the Order on 10 May 2004 (HSB 329 p.5 and Finalising the fire safety Order). The Order makes employers responsible for fire safety and requires them to assess the risks of fire, take steps to eliminate or reduce the risks, and meet specific requirements such as the provision of adequate means of escape and firefighting equipment. Scotland is expected to introduce similar legislation this year. The new, single regime will apply 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 Order follows a 2002 consultation exercise and more than a decade of delays and deliberation. Of the 276 responses received to the consultative document, none were opposed to reform. The document proposed that the government 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 complexity of the fire safety regimes has been the subject of a Home Office review in 1993 (HSB 226 p.7), an interdepartmental review in 1994 (HSB 227 p.11) and a Home Office consultative document in 1997 (HSB 265 p.4). All agreed that things had to change. During that period, an already difficult situation was exacerbated by European Directives, which resulted in parallel and sometimes conflicting fire safety regimes (Workplace legislation on fire precautions).

First aid

Evaluation

Employers will be able to take advantage of new training requirements for their first-aiders, under plans approved by the HSC (Ailing first aid faces plasters, not surgery). The plans will also see significant improvements to the HSE's guidance on first aid at work but no changes to the Health and Safety (First-Aid) Regulations 1981 and their Approved Code of Practice (ACoP). The HSC announced its decision in December 2004, following a discussion on 7 September 2004 of an HSE analysis of 508 replies to a 2003 HSE discussion document: Evaluation of the Health and Safety (First-Aid) Regulations 1981 - proposals for change, www.hse.gov.uk/firstaid. Consultation ended on 30 November 2003. The discussion document looked at eight areas - legislation, guidance, the general public, training qualifications, training standards, training approval arrangements, first-aid boxes and medicines (First aid: time for surgery?): A review and evaluation of the effectiveness of the Health and Safety (First-Aid) Regulations 1981, DDE21, free¹. The review followed 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 p.5).

Flexible working

Homeworking

HSE-commissioned research on homeworking provided good practice case studies that, together with existing guidance, offer practical assistance for employers and homeworkers (HSB 333 p.4). Health and safety of homeworkers: good practice case studies, Health and Safety Laboratory,

RR 262, ISBN 0 7176 2888 4, £15¹ or free at: www.hse.gov.uk/research/hsl/assessmt.htm.

Gas

Published

Get them checked, keep them safe and Landlords - a guide to landlords' duties: Gas Safety (Installation and Use) Regulations 1998, tel: 0800 300363, or www.hse.gov.uk/gas/domestic/index.htm, free (both available in 12 languages, HSB 330 p.8).

GMOs

Contained use

Consultation will close on 12 March on HSC proposals to amend the Genetically Modified Organisms (Contained Use) Regulations 2000. The consultation, which started on 20 December 2004, sets out several minor amendments to the Regulations. These include: the possible removal of the regional versions of the public register (because they are not used); the replacement of regs. 22 and 23 on confidentiality with references to provisions in the Environmental Information Regulations 2004, which came into force on 1 January 2005; and the possible use of the Regulations to collect information on the transboundary movement of GMOs for use in contained facilities (which is required by the European Commission). Proposals for the GMOs (Contained Use) Amendment Regulations 2005, free¹ or www.hse.gov.uk/biosafety/gmo/cd201.htm.

Health - see also HSC/E, Insurance, Smoking, Stress

Securing health

Details are given throughout this table on progress on the HSE and government's 10-year occupational health strategy, Securing health together, which was launched in July 2000 (Healthy at work, healthy for life: HSC/E goes holistic). Information is also available on the strategy's website, which has a monthly news update, the programme of work and a best practice database: www.ohstrategy.net/. The website has not, however, been updated as fully recently as formerly. The website also provides links to papers arising from a November 2003 conference on Securing's five programmes of work: compliance, continuous improvement, skills, support and knowledge (Securing health reloaded).

Prevalence

In summer 2004, the HSE published statistics that confirmed that the most common types of work-related illness were: musculoskeletal disorders, in particular those affecting the back and upper limbs; and mental ill health, mainly stress, depression and anxiety. Each of these accounted for around a third of the total incidence (HSB 332 p.5 and Revitalising targets four years on: still too soon to measure). Occupational health statistics bulletin 2003/04, www.hse.gov.uk/statistics/overall/ohsb0304.pdf.

OHPs

An HSE-commissioned evaluation of two occupational health projects (OHPs) found positive feedback from patients, and concluded that occupational health services based in primary care should be supported and developed (First base: occupational health advisers offering primary care). There are seven OHPs in England; all are based in GPs' waiting rooms and offer patients advice on work-related ill health. The evaluation of occupational health advice in primary healthcare, RR 242, ISBN 0 7176 2857 4, £15¹.

Physicians

HSE-commissioned research found that organisations rate highly the work of occupational health physicians, but small and medium-sized businesses have little or no access to their support (Physicians in the workplace). Competencies of occupational physicians: the customer's perspective, RR 247, ISBN 0 7176 2863 9, £25¹.

HSC/E - see also Enforcement

Information

New entitlements to information held by the HSE came into force on 1 January when an Order amended s.28 of the HSW Act to bring it in line with the Freedom of Information Act 2000 (The disclosure of information: what is the "public interest"?). The Freedom of Information (Removal and Relaxation of Statutory Prohibitions on Disclosure of Information) Order 2004, SI 2004 No.3363, www.legislation.hmso.gov.uk/si/si2004/20043363.htm. Consultation closed on 21 May 2004 on the HSC's proposals to amend the way in which the HSE discloses information (The disclosure of information: what is the "public interest"?). The HSE received 17 replies and the final version of the entitlements, which were approved by the HSC on 13 July 2004⁷, is fundamentally unchanged to the proposals set out in the consultative document.

The HSE used the consultation exercise to launch an interactive consultation system on its website. The HSE reports that the feedback from this exercise was generally positive, though few participants made use of the interactive elements of the consultation module.

On 4 January, the HSE launched a freedom of information (FOI) website to accompany the Order above and coincide with the coming into force of the FOI Act: www.hse.gov.uk/foi. The website allows users access to information that is published and to request unpublished information. The information available includes full-text HSE internal operational guidance for field staff and hazardous industries and nuclear inspectors.

Revitalising

Progress on the HSE's implementation of the 44 action points from the government's core Revitalising health and safety initiative can be found throughout this table (see, for example, SMEs). The HSE's Revitalising website is now up-to-date, having been ignored for over a year: www.hse.gov.uk/revitalising/index.htm. The website has links to reports on progress towards Revitalising's injury, ill-health and absence targets (see Accidents). It also provides links to each of the eight sectors and issues that the HSC identified as priorities for securing the targets: agriculture, construction, health services, falls from height, musculoskeletal disorders, slips and trips, work-related stress and workplace transport. The HSE has added a ninth priority: "Government setting an example", which also has its own website: www.hse.gov.uk/gse/index.htm.

Interventions

Consultation closed on 24 December 2004 on the main ways in which the enforcing authorities should seek to influence health and safety duty-holders (Pick 'n' mix: the HSC names its intervention ingredients). The HSE is now analysing the responses: it is too early to comment on the responses or likely developments. The HSC set out 13 different ways in which it could influence duty-holders, including its preferred mix of eight: inspection and enforcement; accident and ill-health investigation; dealing with issues of concern raised and complaints; motivating senior managers; intermediaries; sector and industry-wide initiatives; working with those at risk; and education and awareness: Regulation and recognition: towards good performance in health and safety, www.hse.gov.uk/consult/condocs/cd-interventions.htm. The HSC's preferred mix reflects the findings of a major review of research into interventions that was commissioned by the HSE from Greenstreet Berman to help inform the HSC's new strategy: Building an evidence base for the HSC strategy to 2010 and beyond: a literature review of interventions to improve health and safety compliance, Greenstreet Berman, 2003, RR 196, £15¹ or free at: www.hse.gov.uk/research/rrhtm/rr196.htm.

Advice

The HSE confirmed that it does not intend separating its enforcement and advice functions, although it will keep the issue under review (HSE starts spreading the word) The HSE statement added that it would not make all of its priced guidance freely available on the Internet because it was too valuable a source of income. The HSC chair, Bill Callaghan, described the statement as the "first milestone" in reaching the commitment in the HSC's strategy to 2010 to "developing channels of advice and support that can be accessed without the perceived fear of enforcement action". HSE statement on providing accessible advice and support, www.hse.gov.uk/aboutus/plans/index.htm.

Infoline

Late 2004 saw HSE Infoline handled its two millionth enquiry since its inception in July 1996. The public enquiry contact centre is a "one-stop" shop that provides enquirers with access to information and expert advice². In 2003, Infoline handled 272,898 enquiries, 85% of which came from small and medium-sized enterprises. The HSE adds that, although most contacts are by phone, there had been a 25% increase in email enquiries over the previous 12 months.

Select committee

In summer 2004, a parliamentary select committee concluded that the capacity of the HSC/E to ensure compliance with health and safety legislation was being hampered by a lack of resources (Education or enforcement: MPs examine developing strategy). The work of the HSC and HSE, House of Commons Work and Pensions Committee, fourth report of session 2003-04, HC456-1, www.publications.parliament.uk/pa/cm/cmworpen.htm, free.

In its response to the committee, the government rejected the committee's call for a large increase in the number of HSE inspectors, saying it instead favours targeting resources to areas where they will have the most impact. House of Commons Work and Pensions Committee: government response to the committee's fourth report into the work of the HSC and HSE, HC1137, www.publications.parliament.uk/pa/cm/cmworpen.htm, free.

A paper on the committee's report prepared by HSE officials prior to the government's response advised the HSC that it should consider asking the government for more resources. But the officials added that the committee was asking for more to be done on every front, had not prioritised its recommendations and had done little to weigh the relative merits of different approaches. Report of Work and Pensions Select Committee, HSC paper HSC/04/97, free⁷.

Scam warning

In January, the HSE warned employers to ignore all correspondence from the "Health and Safety Registration Enforcement Division". The firm has written to businesses all over the UK asking for two payments: £199 for registration if "compliant" with the law or £249 if "non-compliant". Organisations receiving such correspondence should inform DC Steve Battle at the West Yorkshire police (01924 292599), their local HSE office or HSE Infoline² (HSB 336 p.2).

Science

Consultation closed on 4 February on the HSC's draft science strategy: HSC science strategy 2005-2008: gathering evidence; developing understanding; identifying solutions, Kevin Leddy, tel: 0151 951 5764, email: kevin.leddy@hse.gsi.gov.uk or www.hse.gov.uk/science/strategy.htm. The HSC hopes to publish the final version in early spring (HSB p.4).

The HSE launched a website and online newsletter covering its science and engineering activities (HSB 334 p.6). Science and research outlook, www.hsesro.com.

Appointments

Jonathan Rees succeeded Kate Timms as one of the HSE's two deputy director generals in September 2004. Rees was previously director of consumer and competition policy in the Department of Trade and Industry.

Published

HSC annual report and the HSC/E accounts 2003/2004, ISBN 0 1029 2843 6, £25¹ or free at: www.hse.gov.uk/aboutus/reports/0304; Thirty years on and looking forward - the development and future of the health and safety system in Great Britain, www.hse.gov.uk/aboutus/index.htm or email: susan.daly@hse.gsi.gov.uk.

Insurance - see also Corporate Social Responsibility, SMEs

Manufacturing

An EEF survey found that manufacturing companies that improve their management of health and safety did not receive any reductions in insurance premiums, and that premiums were rising by around 25% a year (Insurers ignore good safety performance). Employers' liability insurance: EEF 2004 survey of insurance costs, www.eef.org.uk.

Local authorities

Enforcement

On 15 September 2004, the HSC, HSE and local authorities (LAs) unveiled the fundamentals of a new partnership that will underpin their 18-month programme to enforce to common standards (Happy together now as the HSE and councils make up): LAs and the HSE working together. Strategic programme: joint vision and statement of intent, www.hse.gov.uk/lau. The statement was further proof of the HSC's changed approach to LA enforcement of health and safety: since late 2003, the HSC has pursued a positive approach to LAs, stressing partnership rather than threatening to strip failing LAs of their powers.

In summer 2004, the HSE published a detailed report on the LA sector for 2002/03, which showed that LAs continued to devote insufficient resources to enforcement; despite a 5% rise in inspectors, visits fell by 2% and there were also falls in the numbers of prosecutions taken and enforcement notices issued (Inspections down, injuries up: health and safety the LA way). At the same time reported major and over-three-day injuries reached record highs. Health and safety activity bulletin 2004. Inspection and enforcement in LA-enforced sectors, HSC and National Statistics, www.hse.gov.uk/lau, free.

Select Committee

July 2004 saw a parliamentary select committee question the enforcement record of local authorities and their relationship with the HSC/E (Inspections down, injuries up: health and safety the LA way and Education or enforcement: MPs examine developing strategy). The work of the HSC and HSE, House of Commons Work and Pensions Committee, fourth report of session 2003-04, HC456-1, www.publications.parliament.uk/pa/cm/cmworpen.htm, free.

Transport

A two-week workplace transport campaign in autumn 2004 marked the largest collaborative use of HSE and local authority resources and the largest workplace transport initiative undertaken in the UK. The campaign, which was based in Kent, tackled every activity in the transport chain, including producers, importers and retailers. In addition, Kent police stopped goods vehicles at roadside safety checks (HSB 333 p.4).

Swimming pools

Following press coverage of LA paddling pool safety, the HSE wrote to LAs to clarify the legal issues (HSB 336 p.4)².

Major hazards - see also Chemicals

Seveso II

Consultation closed on 1 October 2004 on HSC proposals to implement amendments to the Seveso II Directive through changes to the Control of Major Accident Hazards Regulations 1999 (COMAH). The HSE received 73 responses; these showed overwhelming support for the draft Regulations but indicated that some further work was necessary on the regulatory impact assessment. The HSE will ask the HSC to agree final proposals in March, and anticipates that the Regulations will come into force by 1 July as required by the Directive.

The amendments take into account lessons learned from recent industrial accidents and the results of research on carcinogens and substances dangerous to the environment (HSB 332 p.5). The proposed Regulations closely follow the Directive, with the most significant changes to the thresholds in parts 2 and 3 of schedule 1 to COMAH. The thresholds determine whether or not COMAH applies to a particular site. Among other things the HSC is proposing to reduce significantly the thresholds in part 3 for substances that are "dangerous for the environment". It has also added a new category of named substance for "petroleum products" that will include gas oils, diesel and kerosene in part 2. Proposals for the COMAH (Amendment) Regulations to implement Directive 2003/105/EC on the control of major accident hazards involving dangerous substances, www.hse.gov.uk/chemicals. EC ministers adopted the Directive on 16 December 2003. 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 p.5). 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.

Consultation will end on 18 February 2005 on a draft, updated version of the HSE's guidance booklet on COMAH. The update will reflect the regulatory revisions above. Draft guidance: www.hse.gov.uk/consult/live.htm.

Directors

The HSE published a "pocket guide" for senior personnel in the major hazards industries. The guide builds on the Turnbull report on corporate governance to provide directors with a 25-point checklist covering health and safety culture, leading by example, safety systems and the workforce. The HSE originally published the guidance for the offshore industry, but updated and revised the leaflet for the nuclear, mining, chemicals and rail sectors. Leadership for the major hazard industries, INDG277, free¹ or www.hse.gov.uk/pubns/indg277.pdf.

MHSW Regulations

Compensation

The HSE has accepted that the introduction of civil liability into the Management of Health and Safety at Work Regulations 1999 (MHSW) has had the unintentional result of employees facing paying unlimited damages if they don't speak up about health or safety risks at work (MHSW "mess" leaves employees at risk of being sued by public). The allegation was initially made in November 2004 by Public Concern at Work (PCaW): Speak up or pay up, PCaW, www.pcaw.co.uk/policy_pub/speakuporpayup.html, free. The charity warned that employers also faced being sued by the public if their employees did not warn of health and safety failings, even though this was not the government's intention when it implemented the changes in October 2003 by the MHSW and Fire Precautions (Workplace)(Amendment) Regulations 2003 (MHSW Regulations lose "civil liability" exclusion). The purpose of the amendments was to enable injured employees to sue their employer under the Regulations for breach of statutory duty and not just for negligence.

The HSE sought its own Counsel's opinion, which advised that there was substance to the PCaW report, even though the likelihood of a successful case was minimal. On 7 December 2004, the HSC approved an HSE paper that stated that the amendment "was not intended to give rise to actionable claims against employees by their employer or third parties". The paper proposed amending the 2003 Regulations to exclude the right of third parties to seek damages from employees in breach of their duties under the MHSW Regulations. The HSE will present consultative proposals for amending Regulations to the HSC's February meeting. It then plans an eight-week consultation period and to present the findings to the HSC in June, with the amending Regulations going to ministers before the summer recess. Civil liabilities on employees created by the MHSW and Fire Precautions (Workplace) (Amendment) Regulations 2003, HSC paper HSC/04/131⁷.

Manslaughter

Corporate killing

The Labour government has again failed to deliver on its manifesto commitment and subsequent promises to introduce a new offence of corporate killing. Employers will not now see the offence on the statute book until after the general election - assuming that the Labour Party is returned to power. Although the Queen's Speech on 23 November 2004 said the government would publish a "draft Bill" on corporate killing, a "draft" means that it will first be subject to pre-legislative scrutiny by a parliamentary select committee, after which it will still face the problem of finding a place in the legislative timetable. The Bill will create a new offence of "corporate killing" or "corporate manslaughter" in England and Wales. (The Scottish Executive will consult in early 2005 on a separate proposal for "corporate homicide".) The offence will arise only where a management failure that caused a work-related death amounts to conduct far below what could reasonably be expected. The offence would get round the problem with the current law, which has provoked public outrage by confining successful convictions to smaller organisations where a director or other "controlling mind" can be similarly convicted. Sanctions would include (unlimited) fines and remedy orders.

The government blames the delays on two unresolved issues: the extent of the management failure that will constitute the new offence, and its relationship with the HSW Act; and whether or not the offence will apply to Crown and incorporated bodies, such as partnerships, Other controversial proposals, notably the penalising of individual directors, have already been dropped. A Cabinet committee is currently considering these issues. The Home Office consulted on the proposed offence in May 2000, several years after the Law Commission had issued similar proposals. Consultation on the Home Office's proposals ended on 1 September 2000: Reforming the law of involuntary manslaughter: the government's proposals, www.homeoffice.gov.uk/docs/invmans.html. The Home Office received 166 responses: nearly all favoured change, as did the HSC (HSB 292 p.5). 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. The Home Office 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. In April 2004, the Home Office promised a Bill by the end of the 2004 parliamentary session (Home office blames devil and details as Kill Bill misses spring release date). Tony Blair then promised the TUC conference on 13 September 2004 that the government would publish a draft Bill by the end of 2004 (Hatfield cases lost but Kill Bill imminent). It has missed all these deadlines.

Prosecutions

Three cases resulted in convictions for manslaughter during the period covered by the table: Nationwide Heating Systems (no separate penalty) and its managing director, Alan Mark (12 months in prison) (Judge jails director for manslaughter); Keymark Services (£50,000 fine) and its directors Melvyn Spree (seven years in prison) and Lorraine March (16 months in prison) (HSB 335 p.1); Harper Building Contractors Ltd (charge left on file due to liquidation) and its sole director, Lee Harper (16 months in prison) (HSB 336 p.1).

Hatfield

On 31 January, the manslaughter trials started at the Old Bailey of Balfour Beatty Rail Infrastructure Services Ltd and five individuals in respect of the four people killed in the 2000 Hatfield derailment. The parties also face health and safety charges. The trial is expected to last for between six and nine months.

On 1 September 2004, a High Court judge dismissed Hatfield manslaughter charges against a former Railtrack director and Network Rail Infrastructure Ltd, the successor to Railtrack, (Hatfield cases lost but Kill Bill imminent). The judge cited insufficient evidence against the director, meaning the case against Network Rail would also fail.

Manual handling

Published

Mapping health and safety standards in the UK waste industry, RR 240, ISBN 0 7176 2865 5, £35¹ or free at: www.hse.gov.uk/research/rrhtm/rr240.htm.

Manufacturing - see also Insurance

Machinery

The machinery-related deaths of 40 manufacturing workers in three years resulted in the HSE launching a three-year campaign in autumn 2004 (HSB 334 p.5). The campaign will focus on the procedures for working on machinery, particularly in the scrap metal, rubber, paper and wood industries. Details: Anne Rayner, HSE, tel: 0113 283 4354 or email: rubiac.area14@hse.gsi.gov.uk.

Published

Safeguarding of calenders in the rubber industry, rubiac.area14@hse.gsi.gov.uk (HSB 332 p.6); Safety in the storage and handling of steel and other metal stock, HSG246, ISBN 0 7176 1986 9, £14¹ (HSB 335 p.4).

New websites: www.hse.gov.uk/surfaceengineering (surface engineering industry, HSB 332 p.6); www.hse.gov.uk/waste (waste management and recycling) (HSB 332 p.6).

Mines

Dust

Consultation closed on 28 May 2004 on proposals for new Regulations on the control of inhalable dust below ground in coalmines. The proposals would replace the Coal Mine (Respirable Dust) Regulations 1975 with a modern risk-based framework. Many of the important potential consultees were members of the group that drew up the document, so did not comment. Nine responses were received and the HSE's analysis confirms the support of the mining industry for the proposals. The final version of the Regulations will be similar to the proposals; the main change arising from the consultation is more information in the Approved Code of Practice on respirable protective equipment. The HSE hopes to submit draft Regulations to the HSC in April; subject to approval by the HSC and ministers, the Regulations should come into force on 1 October. Proposals for the control of inhalable dust in coal mines, CD 194, free¹.

Noise - see also Physical agents

Directive

Consultation closed on 21 June 2004 on HSC proposals to replace the Noise at Work Regulations 19893 in order to implement the third individual EC physical agents Directive (How low can you go?, New noise Directive will halve sound pressure levels and HSB 305 p.7): Proposals for new Control of Noise at Work Regulations implementing the physical agents (noise) Directive (2003/10/EC), CD196, free¹. The HSE received 124 replies; most were generally in agreement with the tenor of the proposals. The HSC will consider the results of the consultation and the draft Regulations, which will be similar to the proposals, in April. Subject to HSC and ministerial approval, the HSE hopes the Regulations will be laid before parliament's summer recess. The laying may be delayed if there is a general election before the summer, although the Regulations will come into force in February 2006, regardless. The HSC believes that its proposals will double the number of workers covered by the Regulations to more than two million. The main change is a reduction by 5 decibels (dB) of the exposure levels at which action has to be taken. The new exposure levels, which will be known as "exposure action values", will be 80 dB and 85 dB, with a new "exposure limit value" of 87 dB. The Regulations will require employers to carry out a risk assessment, implement risk reduction measures, and implement hearing protection zones and health surveillance should the level of exposure require it. The sectors most affected will be agriculture, construction, quarries, mining, transport, forestry, drinks and packaging, textiles, potteries, glass, rubber, printing, metalworking, woodworking, steel, entertainment and the armed forces. The HSE was happy with the negotiation process, which resulted in the limitation on personal noise exposure allowing hearing protection to be taken into account.

Pubs and clubs

The Royal National Institute for the Deaf and the TUC issued a report that claimed that many of the UK's 568,000 bar, club and pub workers were at risk of hearing damage because of their employers' failures to comply with the 1989 noise Regulations. New Regulations, due to come into force in 2006 (see Noise (Directive)) will allow employers in the entertainment sector two years more than the rest of industry in which to comply (HSB 335 p.2). Noise overload, www.tuc.org.uk/extras/noiseoverload.doc.

Nuclear

Incidents

There were two nuclear incidents in the UK between 1 January and 30 September 2004. Statement of nuclear incidents at nuclear installations: first, second and third quarters 2004, all free⁵. The incidents were at Hartlepool (operated by British Energy) and Bradwell (Magnox Electric) (HSB 334 p.5).

Published

BAE Systems Marine Ltd's strategy for the decommissioning of the Barrow nuclear licensed site: a review by HM Nuclear Installations Inspectorate, free⁵ or www.hse.gov.uk/nsd/barrowqqr.pdf (HSB 330 p.8); Devonport Royal Dockyard Ltd's strategy for the decommissioning of the Devonport nuclear licensed site: a review by HMNII, free5 or www.hse.gov.uk/nsd/devonportqqr.pdf (HSB 330 p.8); Rosyth Royal Dockyard Ltd's strategy for decommissioning the Rosyth nuclear licensed site: a review by HMNII, free⁵ or www.hse.gov.uk/nsd/rosythqqr.pdf (HSB 332 p.6); Urenco (Capenhurst) Ltd's strategy for decommissioning its nuclear licensed site: a review by HMNII, free⁵ or www.hse.gov.uk/nsd/uclqqr.pdf.

Offshore

Safety cases

The HSE is currently examining the responses to the HSC's Proposals to replace the Offshore Installations (Safety Case) Regulations 1992, CD198, free¹. Consultation closed on 10 September 2004 and the HSC should consider the HSE's analysis in the first half of this year.

Injuries

The totals and rates of major and over-three-day injuries in the offshore sector all fell between 2002/03 and 2003/04: Offshore safety statistics bulletin, www.hse.gov.uk/offshore/statistics/stat0304.htm (HSB 332 p.5).

Petroleum

The HSE launched a website on offshore petroleum safety and environment research programmes sponsored by members of the International Committee for Regulatory Authority Research and Development (HSB 334 p.5): www.icrard.org/.

Physical agents - see also Noise, Vibration

EMFs

EU ministers adopted a Directive on electromagnetic fields (EMFs) on 29 April 2004 (HSB 330 p.7). Member states have four years in which to implement the Directive's provisions. The HSE hopes to issue a consultative document in spring 2006, with the Regulations in place by April 2008. The Directive requires an employer to carry out a risk assessment and if this shows that the action values are exceeded, it may be necessary to devise and implement an action plan to prevent the corresponding exposure limit values from being exceeded. The Directive also comprises warning signs, health surveillance and the provision of information, instruction and training. The HSE played a significant role in the final version of the Directive (HSE wins limited concessions on draft EMF Directive and HSE fights "gold-plated" electromagnetic fields Directive). Adoption followed amendments made by the European Parliament's employment and social affairs committee (HSB 327 p.6). EU ministers reached political agreement on a common position on 20 October 2003. 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. Directive 2004/40/EC of the European Parliament and of the Council of 29 April 2004 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (EMFs), OJ L159/30.4.04⁹ or europa.eu.int/eur-lex/lex/en/index.htm.

Optical radiation

On 7 December 2004, EU ministers reached political agreement on a proposal for a Directive on optical radiation (EU turns spotlight on optical radiation hazards and risks). The proposal is now awaiting a second reading in the European Parliament after which, subject to any amendments introduced by the parliament, it will be adopted. There will then be a further four years before Regulations implementing the Directive will come into force in the UK. The proposal covers electromagnetic radiation in the wavelength range 100nm to 1mm. It includes ultraviolet, visible, and infrared radiations and lasers. The legislation will introduce specific requirements for employers when assessing the risks to their workers' health and safety resulting from their exposure to light. The Irish presidency of the EU held a technical workshop in Luxembourg in February 2004. This "theme-setting" workshop appraised member states of the hazards and looked at the optical groups involved. Draft proposal for a Directive of the European Parliament and of the Council on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (optical radiation) (19th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC), www.hse.gov.uk/radiation/nonionising/issues.htm, free.

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 adopted a Directive in 2004 on electromagnetic fields (see Noise, Physical agents (EMFs) and Vibration).

Railways - see also Manslaughter

Legislation

The HSE anticipates that the replacement of three important sets of Regulations on railway safety will be completed towards the end of the year. Consultation closed on 29 November 2004 on: Proposals for new safety Regulations for railways and other guided transport systems, www.hse.gov.uk/consult/live.htm. The Regulations would simplify and replace the requirements on rail safety cases, safety critical work and approval of works, plant and equipment. 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 HSE received 80 responses to the consultation document and a further 20 responses to a supplementary consultation letter (closed 17 January) that clarified and amplified detailed proposals for managing the transition from the safety case to the safety certification regime, and proposed minor changes to exemptions from the Regulations. The HSE reports that the responses revealed broad support for many, though not all, aspects of the proposals. The HSC is due to consider the responses and a further draft of the proposed Regulations at its meeting on 8 March. The HSC discussed the proposals at its meeting in December 2004 and agreed: to proceed with the proposals for a specific regulatory framework for safety critical workers in the industry; to proceed with the proposed fatigue Approved Code of Practice (ACoP) for critical workers; there should be no extension of transitional arrangements for safety verification; and that the implementation timetable should be adhered to, with the Regulations made this spring, coming into force in October. Although consultation showed that industry employers wanted neither discrete requirements on safety critical work nor an ACoP on fatigue, the HSC said it strongly supported specific requirements in the regulatory framework for safety critical workers and that it considered fatigue a "real problem" It did, however, agree that the draft ACoP should be shortened in discussion with the industry.

The proposals follow the HSE's analysis of responses to a discussion document on the renewal and updating of railway safety legislation (HSB 324 p.7): Safety on the railway - shaping the future¹. Consultation closed 31 December 2003, eliciting 67 responses from across the railway industry. Respondents generally supported the drive for more effective, simpler and focused Regulations. The responses to the discussion document also highlighted wider issues that the document did not address. For example, some argued that the HSE should not be both "permissioner" and "prosecutor". The HSE replied 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.

Regulator

The transfer of railway safety regulation from the HSE to the Office of Rail Regulation is due to take place in December. The move, which was announced in July 2004 and will require primary legislation, is intended to align economic and safety expertise and is not, insists the government, a criticism of the HSE (HSB 332 p.2). The move follows the Department for Transport's 2003 Rail review; the HSC published its response to the review in January 2004 (HSB 326 p.12). This emphasised that health and safety on the railways should 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. The HSC/E states that it is "disappointed" with the government's final decision, but will do all it can to facilitate the transfer. Allan Sefton, the head of the HSE's railway inspectorate, will delay his retirement to remain in post until the merger. The inspectorate is currently implementing a major internal reorganisation, which will be in place from April (HSB 336 p.4).

Safety record

The year to 31 March 2004 saw reductions in the numbers of "significant" train incidents, collisions, derailments, signals passed at danger (SPADs) and accidents caused by vandalism and broken rails on the Network Rail infrastructure. But the number of serious SPADs rose from 143 to 147; 30 passengers and other members of the public were killed; and there were 18 deaths on level crossings (HSB 333 p.4). HSE's annual report on railway safety 2003/04, www.hse.gov.uk/railways/annualreport0304 free.

Signalling

The HSC welcomed a report from the Strategic Rail Authority on the development of a European signaling system (European Rail Traffic Management System) that will incorporate the safety benefits of a national automatic train protection (ATP) system. ERTMS: 2003/04-progress report, www.sra.gov.uk/projects/ertms (HSB 330 p.8).

Ufton

The HSE's investigation into the collision at Ufton level crossing found no evidence of human errors or technical faults. Seven people were killed and 37 were hospitalised when a train derailed after hitting a car on the automatic half-barrier level crossing near Aldermaston in Berkshire on 6 November 2004. It appears that a car driver stopped his vehicle on the crossing before the barrier sequence commenced and made no attempt to leave the vehicle (HSB 334 p.5). Train derailment at Ufton level crossing, near Ufton Nervet, Berkshire: HSE interim report, www.hse.gov.uk/railways/uftonnervet/interim.pdf. The HSE found no breach of health and safety legislation and the HSC did not think it appropriate to advise the Secretary of State that a s.14 investigation should be held.

Published

The rail public inquiries: HSC report on overall progress as of March 2004, www.hse.gov.uk/railways/railpublic3.pdf (HSB 332 p.6); Annual safety performance report 2003, Rail Safety and Standards Board, www.rssb.co.uk or tel: 020 7904 7518, free.

Rehabilitation - see also Compensation

Incapacity benefit

The Department for Work and Pensions (DWP) announced a new five-year strategy that includes plans to persuade one million recipients of the 2.7 million recipients of incapacity benefit to return to work (Government plans to put back one million benefit recipients). The DWP proposes replacing incapacity benefit with new benefits that comprise financial incentives and practical help in seeking rehabilitation. Opportunity and security throughout life, DWP, February 2005, Cm 6447, ISBN 0 10 164472 8, £16³.

Vocational rehabilitation

The Department for Work and Pensions (DWP) has made considerable progress in laying the groundwork for a new approach to vocational rehabilitation (VR). In autumn 2004, it published a VR framework, following analysis of responses to a May 2004 discussion document that confirmed that stakeholders believed that more needed to be done on VR. Building capacity for work: a UK framework for vocational rehabilitation, ELCI3, DWP, www.dwp.gov.uk/publications/vrframework/, free. The framework stated that the DWP was not yet in a position to produce a new approach for VR, but had commissioned research and was evaluating the government's "Pathways to work" initiative as starting points. The DWP subsequently published the research, which described the ingredients for a good VR approach, including early intervention and being proactive: Developing a framework for vocational rehabilitation, Andrew Irving Associates, DWP report 224, www.dwp.gov.uk/asd/asd5/index.asp, free. The government is now setting up a VR steering group to deliver the framework and look at accreditation of VR providers, as well as a research working group to deliver research priorities (Vocational rehabilitation: an end to the sick-note culture?). Consultation on the discussion document closed on 12 July 2004: Developing a framework for vocational rehabilitation, www.dwp.gov.uk/consultations/2004/index.asp, free (DWP requests help with framework for rehabilitation). The document contained no proposals and asked for organisations with relevant experience to get in touch with the DWP. The framework was promised in the second stage of the DWP's review of employers' compulsory liability insurance review (HSB 325 p.7).

Absence

The Department for Work and Pensions' five-year strategy (see Rehabilitation (Incapacity Benefit)) covers absence, particularly long-term, as well as people on benefit. New HSE guidance advised that long-term absence and getting back to work as soon as possible could be beneficial for sick workers (HSB 334 p.13). Most of the causes of long-term absence are common health problems such as depression and anxiety or muscle, joint and back pain, rather than serious illnesses: Managing sickness absence and return to work, HSG249, ISBN 0 7176 2882 5, £9.95¹. Also published: Off sick and worried about your job? (employees' leaflet), INDG397, free¹ and Managing sickness absence and return to work in small businesses, INDG399, free¹. Further advice: www.hse.gov.uk/sicknessabsence.

In autumn 2004, the HSE commissioned the Institute of Occupational Medicine to develop a sickness absence-recording tool for small and medium-sized enterprises.

Safety reps

WSAs

The HSE announced in summer 2004 that 12 organisations had been awarded grants to fund worker safety advisers (WSAs). The advisers will help workers and employers identify and manage risks together where there are no union-appointed safety representatives. The grants of between £33,000 and £100,000 were made from a three-year £3 million WSA Challenge Fund (HSB 331 p.4). The government launched the fund after a successful 2002 WSA pilot in nine areas in the retail, hospitality, voluntary, construction and automotive/fabrication sectors (Worker Safety Advisers are go and 301 p.12). The scheme focuses on smaller firms and those that lack health and safety arrangements Details: www.hse.gov.uk/workers/involvement/wsachallenge.htm.

Applications for grants from a second round closed on 21 January. The winners will be announced in March (HSB 335 p.4).

TUC survey

The TUC's fifth biennial survey of its safety representatives found that only 53% of the 4,521 respondents believed their employer had carried out an adequate risks assessment. The most common concerns of reps remained unchanged: overwork and stress; repetitive strain injuries (RSI); back strain; and display screen equipment. Focus on union health and safety: TUC biennial survey of safety reps, Trade union trends survey 04/03, £30 (£20 educational and voluntary organisations, £15 to unions)⁸ or free at: www.tuc.org.uk/extras/safetysurvey2004.doc.

SMEs - see also Rehabilitation, Safety representatives

Indicator

Small and medium-sized enterprises (SMEs) can now use a new web-based tool to assess how well they are managing their health and safety performance (HSB 336 p.4). The Health and Safety Performance Indicator (www.hspi.info-exchange.com) follows the Corporate Health and Safety Performance Index (CHaSPI), which is aimed at larger employers (see Corporate Social Responsibility and CHaSPI: the Corporate Health and Safety Performance Index). Whereas CHaSPI is rooted in management processes, the SME indicator is hazard-based. The HSE hopes that insurers will use the results to help determine their clients' management of health and safety and so base premiums on individual performance. The HSE will publish on its website a report on Greenstreet Berman's development of the SME indicator.

Health

On 2 February, the HSE announced it would run a £20 million pilot scheme to give free health and safety advice to small and medium-sized enterprises. Workplace Health Direct pilots will provide: free telephone work-related health, safety and return-to-work advice for employers and workers; free workplace visits; a dedicated website; problem-solving advice; and advice on specialist support, for example from physiotherapists and ergonomists. The initiative is part of the Department for Work and Pensions' five-year strategy for getting people off benefits and back into work (see Rehabilitation). The timetable will see the HSE seek expressions of interest in March from organisations to deliver the pilots in up to six regions. The HSE will select the pilot regions in the summer and the service will begin in early 2006. Details: www.hse.gov.uk/workplacehealth/.

Smoking

ACoP

In November 2004, the government announced that it intended to ban smoking in workplaces and enclosed public spaces (Workplace smoking to end in 2008). The staggered timetable will see the ban operational in: government and NHS premises from the end of 2006; all workplaces and enclosed public spaces by the end of 2007 (except for licensed premises); and restaurants, pubs and bars that serve food, and the bar area of all pubs, by the end of 2008. The government included its plans in a White Paper on public health: Choosing health: making healthier choices easier, www.dh.gov.uk/Home/fs/en. The government will consult before finalising the details of its proposals.

Six days before the government made its announcement, Scotland's First Minister announcement a comprehensive ban on smoking in all enclosed public spaces, with implementation targeted for spring 2006 (Workplace smoking to end in 2008).

The British government's announcement of a ban came after four years of 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 p.1), but ministers 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 appeared to favour (HSB 325 p.6). 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.

Deaths

A paper presented to the Royal College of Physicians in May 2004 claimed that passive smoking kills 49 hospitality workers each year. Professor Konrad Jamrozik of Imperial College, London, added that it caused 700 deaths a year in all UK workplaces. The latest paper from the European Prospective Investigation into Cancer and Nutrition (EPIC) has concluded that environmental tobacco smoke is a risk factor for lung cancer and other respiratory diseases, particularly in ex-smokers. The study covered 123,479 of the 500,000 EPIC participants. Environmental tobacco smoke and risk of respiratory cancer and chronic obstructive pulmonary disease in former smokers and never smokers in the EPIC prospective study, P Vineis et al, BMJ, doi:10.1136/bmj.38327.648472.82 (published 28 January 2005).

Stress

Standards

In November 2004, the HSE launched the final version of its management standards for work-related stress (Managing work-related stress - the HSE sets its standards). The standards are based on six of the seven "stressors" that the HSE identified in 2001: demands; control; support; relationships; role; and change. The seventh - culture - was dropped. The HSE will now prepare guidance for employers and employees. Management standards for tackling work-related stress, www.hse.gov.uk/stress/standards/index.htm. Also published: Tackling work-related stress: a managers' guide to improving and maintaining employee health and well being, HSG218, £7.95¹; Working together to reduce stress at work: a guide for employees, www.hse.gov.uk/stress/standards/pdfs/leaflet.pdf, free.

Publication of the standards followed completion of consultation on the final versions of the draft texts (Standards for stress and Stress pilot takes off). A pilot of the standards, which involved 22 organisations, finished at the end of 2003 (www.hse.gov.uk/stress). Evaluation continued until March 2004 and revealed that most of the participants scored the standards at seven or eight out of 10 in terms of how helpful they had been. Evaluation of the stress management standards pilot study, http://consultations.hse.gov.uk/consult.ti/StressManagementStandards, free.

Court of Appeal

January 2005 saw the Court of Appeal give one of its most significant rulings yet on work-related stress (HSB 336 p.5). Pronouncing on six stress appeals, the Court of Appeal voiced concern at the confusion evident in the lower courts and elsewhere about how to deal with such cases. The judgement affirms cautious application of the 16 "practical propositions" given by the Court of Appeal in the landmark case of Hatton v Sutherland, and clarifies the approach that judges should take in work-related stress cases. Hartman v South Essex Mental Health and Community Care NHS Trust and other appeals, [2005] All ER (D) 141 (19 January). The five other appeals covered in the judgement are: Best v Staffordshire University; Wheeldon v HSBC Bank Ltd; Green v Grimsby & Scunthorpe Newspapers Ltd; Moore v Welwyn Components Ltd; and Melville v the Home Office.

Unfair dismissal

In July 2004, the House of Lords unanimously overturned a Court of Appeal judgment to rule that an employee could not secure damages for psychiatric injury arising from his employer's bullying conduct in the course of his unfair dismissal (HSB 333 p.20). Until the Court of Appeal's decision, no court had interpreted s.123 of the Employment Rights Act so that it allowed compensation for non-pecuniary loss: Dunnachie v Kingston Upon Hull City Council, [2004] UKHL 36.

Case law

A report published in February provides summaries of dozens of court cases - reported and unreported - concerning claims for damages for work-related stress. The report also provides advice on managing stress. Work-related stress and the law: a practical guide for employers and stress professionals, Robert Spicer and Caroline Raymond, Running Heads Publications, ISBN 0 9516344 2 9, tel: 0117 973 8667, email: rsp4593558@aol.com.

Published

Work, stress, health: the Whitehall II study, Cabinet Office/CCSU/UCL, www.pcs.org.uk, free (Vocational rehabilitation: an end to the sick-note culture?).

Substance abuse

Extent of

Research carried out for the HSE by Cardiff University suggested that just over one in 10 workers, and as many as one in three younger workers, use drugs (Workplace drug tests: legal, decent, honest and truthful?). The research also found that drug use can affect performance, but that there was little evidence linking use to work-related accidents. The scale and impact of illegal drug use by workers, RR193, Centre for Occupational and Health Psychology, Cardiff University, ISBN 0 7176 2802 7, £20¹.

Testing

The Independent Inquiry into Drug Testing at Work reported that there was little benefit for employers in using drug testing beyond a small number of situations, notably safety-critical occupations (Workplace drug tests: legal, decent, honest and truthful?). Drug testing in the workplace: the report of the Independent Inquiry into Drug Testing at Work, Joseph Rowntree Foundation, DrugScope and Network of European Foundations, York Publishing Services, ISBN 1 85935 211 1, tel: 01904 430 0033, £15.95 or free at: www.jrf.org.uk/bookshop/.

Transport - dangerous goods

Petrol

Consultation closed on 9 February on HSC proposals for new Regulations on the transport of petrol by road and rail. The draft Tank Vehicles (Loading and Unloading of Petroleum-Spirit) Regulations do not change any legal duties and will merely replace existing Regulations covering the safe transportation of petrol by tanker. Most existing duties in this area were transferred earlier this year to the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004 (Health and safety: the state of play)³. But these Regulations do not contain specific requirements for petrol. Consultative letter: Peter Roberts, HSE, Room 103⁴, email: peter.roberts@hse.gsi.gov.uk.

Vibration

Directive

Implementation of the vibration Directive is nearing completion. The HSC approved the implementing Regulations on 8 November 2004. The Regulations should be submitted to the minister in early February and be laid in Parliament in March or April, coming into force on 6 July. The HSE expects to publish guidance on the Regulations in May or June in paper form and on its web site.

EU ministers adopted the Directive on 21 May 2002 (OJ L177/6.7.02⁹). It is the second individual physical agents Directive (see Physical agents). Consultation closed on 31 March 2004 on the HSC's implementation proposals. These were set out in two consultative documents containing draft Regulations and guidance (New Regulations will set vibration limits). 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 (HAV and WBV) or www.hse.gov.uk/consult/condocs/cd190.htm (and www.hse.gov.uk/consult/condocs/cd191.htm).

The HSE received a total of 133 replies to its two consultative documents. Although the majority generally supported the proposed Regulations and guidance, there were some opposing views. The main concerns related to the practicalities of complying with the Regulations, for example the need for employers to be able quickly to decide whether or not they have a vibration problem, and the need for priority to be given in guidance towards less costly methods of compliance. The HSE states that it agrees with the concerns, of which there were around 10, and can address them, often through guidance. For example, it suggests producing: simple "rules of thumb" for assessing whether or not the action value is likely to be exceeded; ready-reckoners to help employers use vibration data to estimate exposure levels; and guidance on a tiered system of health surveillance.

The HSE has also proposed four significant amendments to the Regulations. First, deletion of the vibration dose value (VDV) option in reg. 4(2) in favour of the (A9) option for the WBV value. Second, replacement of the Directive's use of "reduced to a minimum" with "as low as reasonably practicable" (ALARP). Third, clarification that employers must provide health surveillance where it is appropriate to do so (and not only at the request of an employee). Finally, it is now clear that employers should provide information and training to their employees where they believe there is a risk and also where the action value is exceeded.

In terms of guidance, the HSE proposes publishing by March two free leaflets and priced guidance for each of HAV and WBV.

The HSC approved the above HSE analysis of the consultation responses and the way forward in November 2004: Proposed Control of Vibration at Work Regulations: results of the public consultation and recommendations, HSC Paper HSC/04/107⁷.

Work at height

Directive

Implementation of the temporary work at height Directive (2001/45/EC, OJ L195/19.7.2001)⁹, which is the second amendment to the 1989 use of work equipment Directive, is nearing completion. The Work at Height Regulations 2005 will harmonise existing laws and require that work at height is properly planned, organised and supervised by competent people. Consultation on the main proposals closed on 2 April 2004 (Implementing the falls from height Directive): Proposals for Work at Height Regulations, CD192, www.hse.gov.uk/consult/condocs/cd192.htm, free. The responses raised, according to the HSE, some "challenging" issues.

One such concerned the requirement in the Construction (Health, Safety and Welfare) Regulations 1996 that employers provide particular work equipment and fall protection measures where construction work is at or above two metres. The construction industry wanted the "two-metre rule" to be included in the new Regulations; the HSC wrote to all 751 respondents to the first consultation document because of possible implications for other industries: www.hse.gov.uk/consult/letters/falls.htm. This second round of consultation, which ended on 3 December 2004 and elicited 475 replies, was limited to the addition of a new duty to the draft Work at Height Regulations (HSB 334 p.6). The HSC considered the draft Regulations on 11 January 2005 and sent its recommendations to ministers 10 days later. Subject to ministerial approval, the Regulations should be in place by April 2005. Implementation of the Directive is required in July 2005 (HSB 294 p.5).

One outstanding issue concerns adventure activity providers. The HSE reports that 450 organisations and individuals opposed the sector's inclusion in the new Regulations, claiming that: they could not comply; EC officials had not intended that the Directive would apply to them; and that their excellent safety record and own standards meant that the application of the Regulations was unnecessary. The HSE dismissed the first two points as factually incorrect and turned the third point around to insist that the industry's record meant that it would have to do little more to achieve compliance. The HSC considered the matter at its meeting on 9 November 2004. Work at height Regulations and adventure activity providers, HSC paper HSC/04/122⁷.

Warnings

The HSE warned employers that some types of equipment built into fixed access ladders to protect against falls might not be safe (HSE warns employers to check fall-arrest equipment).

In December 2005, the HSE issued a warning on the importance of following manufacturers' instructions on the use of fall arrest equipment, particularly systems based on twin-tailed energy-absorbing lanyards². Further information: Twin tail fall arrest lanyards (interim advice), Workplace Health and Safety Queensland, www.whs.qld.gov.au/alerts/04i13.pdf.

Work equipment

Electrical

The HSE updated its guide on Maintaining portable and transportable electrical equipment, 2nd edition, HSG 107, ISBN 0 7176 2805 1, £7.95¹.

Working time

Directive - extension

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 (Health and safety: the state of play). Progress on the excluded sectors is set out below; the original Directive was implemented in the UK by the Working Time Regulations 1998. The European Commission is also reviewing the implementation of the 1993 Directive (see Directive - review).

On 1 November 2004, the Department for Transport finally started consultation on extending the provisions of the 1998 Directive to lorry and coach drivers. Proposals for Road Traffic (Working Time) Regulations, www.dft.gov.uk/stellent/groups/dft_freight/documents/page/dft_freight_032509.hcsp. The proposals followed a "preliminary" consultation that ended on 23 January 2004 (HSB 324 p.5): 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/stellent/groups/dft_freight/documents/page/dft_freight_029651.hcsp. The government announced its response to the preliminary consultation on 29 April 2004, confirming that it would enforce the entitlements upon complaint, rather than proactively, and that the main approach will be based on advice (HSB 329 p.5). The Directive's provisions must be in force by 23 March 2005, although self-employed drivers will not be affected until 2009.

Regulations extending the Directive to mobile workers in civil aviation came into force on 13 April 2004: The Civil Aviation (Working Time) Regulations 2004, SI 2004 No.756³.

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.

Directive - review

In autumn 2004, the European Commission adopted a proposal to update the 1993 working time Directive that will allow the UK to continue to opt out of the 48-hour maximum working week, subject to strengthened criteria being met (Commission plans will keep 48-hour opt-out). The proposal will also allow employers to use a one-year reference period to calculate the 48-hour week, rather than the current four months, and introduce a new category of "on-call" time" for doctors (ie neither working nor rest time) to cover the "inactive" part of on-call time. The European Council and Parliament will now discuss the proposal. Proposal for a Directive of the European Parliament and of the Council amending Directive 2003/88/EC concerning certain aspects of the organisation of working time, COM(2004) 607 final, europa.eu.int/comm/employment_social/news/2004/sep/working_time_prop_en.htm, free.

The proposal follows a December 2003 paper: 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. Responses to the document resulted in the Commission consulting the EU social partners in May 2004 on the best way to tackle the above three aspects of the Directive (Time could be up for UK's 48-hour working week opt-out). Second phase of consultation of the social partners at Community level concerning the revision of Directive 93/104/EC concerning certain aspects of the organisation of working time, http://europa.eu.int/comm/employment_social/labour_law/index_en.htm.

On 22 September 2004, the Department of Trade and Industry completed a consultation on long working hours: Working time - widening the debate. A preliminary consultation on long hours working in the UK and the application and operation of the working time opt-out, June 2004, www.dti.gov.uk/er/work_time_regs/index.htm. The consultation was part of the UK's response to the European Commission's revision of the 1993 working time Directive.

Workplace

Slips

Employers can download an online tool used by safety inspectors to evaluate the risks to workers and others of slipping on floors in the workplace (HSB 334 p.6): Slips assessment tool, http://146.101.202.138/.

Young workers - see also Substance abuse

Children

The government announced an overhaul of child employment law (HSB 330 p.3). The review will be based on recommendations made by the Better Regulation Task Force's report: The regulation of child employment, www.brtf.gov.uk or tel: 020 7276 2142, free. The Department for Education and Skills is in the early stages of implementing the recommendations. These include: consolidating all child employment legislation (work started in winter 2004); employers registering with their local authority as an employer of school-age children, rather than applying for a permit for each child (consultation is imminent); allowing children to work for more than two hours on a Sunday, possibly bringing the limits into line with those for Saturday working (consultation is again imminent); and working with local authorities on the production of the production of guidance. The task force's report stated that employers were confused by the present legislation, which in any case was out of date. Laws on protecting the health, safety and welfare of children were in particular need of simplification, consolidation and modernisation.