Changes to Health and Safety Laws from 6 April 2011

Corporate Risk Systems Limited (CRS) is committed to helping our clients and other organisations to prepare for and adapt to changes in occupational health and safety laws and practices.

HSE now implements changes that arise from within the UK on only two dates each year, and extends this to legislation arising from Europe wherever it is in their control to do so.

This statement lists the regulations that are due to commence on 6 April 2011. As a service to our newsletter subscribers, we update the list every 6 months.

Legislative Reform (Contained Use of Animal Pathogens) Order 2010 (LRO)

The proposed LRO will amend Section 1(1) of the Health and Safety at Work etc Act 1974 (HSWA) to remove the restriction that limits the Health and Safety Executive's (HSE) legal powers to protecting human health. The LRO will extend the general purposes in HSWA to protecting against risks to animal health arising from work with animal pathogens and those pathogens not being adequately contained and provides the legal mechanism to enable HSE to make regulations in relation to animal pathogens.

A formal 8 week consultation ended on 28 March 2010

Amendment of the Health and Safety at Work etc. Act (Application Outside Great Britain) Order 2001

The 2009 Variation Order was introduced to ensure that certain high risk offshore work activities (e.g. the construction of wind farms beyond our territorial sea) were subject to the Health and Safety at Work etc. Act 1974 (HSWA). The 2009 Variation Order had a sunset clause until 5 April 2011. As such work activities are ongoing, and HSE is not yet in a position to introduce a new Order, a 2011 Variation Order is proposed to maintain the current position. The 2011 Variation Order will result in no additional costs to industry.

The Docks (Amendment) Regulation 2011

This is a proposal to remove the requirement in Reg 8(2)(f) of the Docks Regulations 1988 for a certificate confirming the safety of a vessel used to transport a person at work in dock operations to or from any working place in dock premises. It does not include vessels such as tugs and pilot boats.

A public consultation ended on 22 January 2010.

Pipelines Safety Regulations

The Pipelines Safety Regulations (PSR) 1996 provide for the management of pipeline safety and apply to all pipelines in Great Britain and to all pipelines in territorial waters and the UK Continental Shelf.

When the Regulations were introduced in 1996 there were some elements that were withdrawn from the Regulations that required further consideration, with the understanding that they would be provided for by way of amendments to the Regulations. Following a further review by HSE the proposed amendments to the Regulations went out to formal consultation which ended on the 1st March 2010.

An update on the proposed amendments is available.

The Health and Safety (Fees) Regulations 2011

Updates fee levels and allows for charging for conventional health and safety inspection (in certain circumstances) on Nuclear and COMAH sites and part of the Gas Transportation networks.