safe environment April 09

In this issue

legal updates
recent legislation
HSE's ask the export
environmental information
environmental tip of the month


Introduction and statement of forthcoming regulations in April 2009
The following is a summary of updates to Health and Safety Legislation. The Health and Safety Executive (HSE) update legislation every six months. The two ‘Common Commencement Dates’ are the 6th April (the start of the tax year); and 1st October. By harmonising commencement dates HSE hope that those affected (i.e. businesses, employee representatives and individuals) will be more aware of forthcoming changes and better able to plan for and implement new measures effectively.

Factories Act 1961 and Offices, Shops and Railway Premises Act 1963 (Repeals and Modifications) Regulations
The HSE are consulting on these proposed regulations. They would remove several legislative form filling requirements that currently apply to most businesses operating from a factory, office or shop (and certain railway premises) in Great Britain. The regulations would introduce no new requirements. Premises notification - employers are currently required to fill out a form to notify HSE or their local authority of any factory, office or shop premises, and certain railway premises, where employees work. The general register - factory employers are also required to keep a set of records and forms called the general register. The HSE think these requirements are no longer needed and could be removed without detriment to current health and safety protection.
Since 6 April 2009, most new businesses no longer need to register with HSE. However, if you work with hazardous substances or in a hazardous industry you may need to apply for a licence or notify HSE or your local authority.

The Health and Safety Information (Amendment) Regulations
The 1989 Regulations require employers to provide health and safety information, including the contact details for the local health and safety enforcing authority office and Employment Medical Advisory Service (EMAS) office, to their employees by displaying in the workplace the approved poster or giving each employee the approved leaflet. The amendments will allow HSE to approve and publish new posters and leaflets which do not require the addition or updating of enforcing authority and EMAS contact information by businesses displaying them.

Chemical (Hazard Information and Packaging for Supply) Regulations 2009 – CHIP 4
The current CHIP Regulations need to be amended as a consequence of the adoption and entry into force of the European Regulation on the Classification, Labelling and Packaging of Substances and Mixtures, known as the CLP Regulation. The CLP Regulation adopts in the European Union, the internationally agreed Global Harmonised System on the classification and labelling of chemicals, known as the ‘GHS’. Although the CLP Regulation will be directly acting on Member States, without the need for transposition, the proposed amendments will allow CHIP to be aligned with the transitional period of the CLP Regulation and to ensure that the provisions of the CLP Regulation can be enforced in Great Britain, both throughout the transitional period and beyond.

Health and Safety (Miscellaneous Amendments and Revocations) Regulations
These regulations are intended to correct issues in the Control of Noise at Work regulations.

Recent Legislation: The Health and Safety Offences Act 2008
The Health and Safety Offences Act 2008 comes into force on Friday, 16 January 2009. This new Act will increase penalties and provide courts with greater sentencing powers for those who break health and safety law. This Act gives lower courts the power to impose higher fines for some health and safety offences. There will now be a real deterrent to those businesses and individuals that do not take their health and safety responsibilities seriously. Everyone has the right to work in an environment where risks to their health and safety are properly managed, and employers have a duty in law to deliver this. The HSE’s message to the many employers who do manage health and safety well is that they have nothing to fear from this change in law. There are no new duties on employers or businesses and HSE is not changing its approach to how it enforces health and safety law. We will retain the important safeguards that ensure that our inspectors use their powers sensibly and proportionately. We will continue to target those who knowingly cut corners, put lives at risk and who gain commercial advantage over competitors by failing to comply with the law. Following its successful Third Reading in the House of Lords on 10 October, the Health and Safety (Offences) Act 2008 received Royal Assent on 16 October and comes into force on 16 January 2009. The Act fulfils a longstanding Government and HSE commitment to provide the courts with greater sentencing powers for health and safety crimes. The effect of the Act is to raise the maximum fine which may be imposed in the lower courts to £20,000 for most health and safety offences; make imprisonment an option for more health and safety offences in both the lower and higher courts; make certain offences, which are currently triable only in the lower courts, triable in either the lower or higher courts. The full text of the Act can be found at: http://www.opsi.gov.uk/acts/acts2008/ukpga_20080020_en_1[1] The Health and Safety Offences Act 2008 was introduced as a Private Members Bill and piloted through the House of Commons by the Rt Hon Keith Hill MP and by the Rt Hon Lord Bruce Grocott in the House of Lords. The HSE Board has overall responsibility for occupational health and safety regulations in Great Britain, and HSE and Local Authorities are the enforcing authorities that work in support of the Board. For more information on health and safety at work visit www.hse.gov.uk[2] Information on worker involvement can be found at http://www.hse.gov.uk/involvement/[3] .HSE’s enforcement policy can be viewed at: http://www.hse.gov.uk/enforce/index.htm[4] The new penalties in the Act are not retrospective and will not apply to offences committed before it comes into force i.e. offences before 16 January 2009.

HSE’s ask an expert
It is important to know that there is help at hand from the HSE. If you need to ask them a question you can. Follow the link: http://www.hse.gov.uk/contact/ask.htm


More environmental information
There is a lot of environmental information out there. For example the Business Link issue a lot of information on business environmental issues. Follow the link to see.


Environmental tip of the month
There is no doubt the car has revolutionised our lives and many of us see it as a necessity. However, cars carry a significant environmental impact through consumption of fossil fuels and by causing harmful emissions. Here are some green transport tips: 1/ consider using public transport, walking, or cycling for your journey; 2/ drive with consideration for cyclists and pedestrians; 3/ turn off your car engine if in a traffic jam or are stationary for more than 2 minutes; 4/ keep the car engine properly serviced and maintained; 5/ by ensuring maximum efficiency, you can save fuel and decrease emissions and 6/ ensure tyres are correctly inflated.

For further guaranteed friendly and professional advice on safety health and environmental issues contact us at info@she.ltd,uk or phone 0845 522049 or visit our website at www.she.ltd.uk.





Our company number is 6506997. The registered office for she ltd is at 2 Colwell Road, Wellingborough, Northants NN8 1NT