COWENS RISK SOLUTIONS APRIL 2015 LEGISLATION UPDATE

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1 COWENS RISK SOLUTIONS APRIL 2015 LEGISLATION UPDATE

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3 April 2015 LEGISLATION UPDATE FOR APRIL AND BEYOND Once again the April Health and Safety legislation changes are upon us. This document lets you know which changes are ahead, what exactly is changing and looks forward to further changes throughout It is vital that you are prepared for legislative changes, understanding what adjustments you need to make within your company and that you ensure these changes are communicated effectively throughout your business. April 2015 England, Scotland and Wales Construction, Design and Management Regulations (CDM) 2015 Coming into force 6 April 2015 The CDM Regulations face many changes in April this year in a major change to construction health and safety. The changes are summarised below: What will change? Principal designer. The replacement of the CDM co-ordinator role (under CDM 2007) by principal designer. This means that the responsibility for coordination of the pre-construction phase which is crucial to the management of any successful construction project will rest with an existing member of the design team. Client. The new Regulations recognise the influence and importance of the client as the head of the supply chain and they are best placed to set standards throughout a project. Competence. This will be split into its component parts of skills, knowledge, training and experience, and - if it relates to an organisation - organisational capability. This will provide clarity and help the industry to both assess and demonstrate that construction project teams have the right attributes to deliver a healthy and safe project.

4 Shared Parental Leave Regulations 2014 Came into force in December 2014 but will apply to couples with babies due or children matched or placed for adoption on or after 5 April What will change? Parents with babies due on or after 5 th April 2015 can start sharing up to 50 weeks of Shared Parental Leave (SPL). Shared Parental Leave must be taken in weekly blocks. It can be stopped and started, so periods of work can be interspersed with periods of leave for childcare. Each parent notifies their employer of their entitlement and book the leave with at least 8 weeks notice. An employee can book more than 1 period of leave in a single booking notification. An employee may submit up to 3 booking notifications, and more if the employer agrees. Where requested as discontinuous blocks, the employer may require the employee to take leave in a continuous block, at a date chosen by the employee. Each parent can use up to 20 SPL in touch days to go into work, so could effectively take shared parental leave and work on a part-time basis for a period. SPL and Shared parental pay are only available in England, Scotland and Wales. Detailed information is available here:

5 The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2015 Coming into force 1 st April 2015 Pneumoconiosis etc, Workers Compensation, Payment of Claims Amendment, Regulations: draft 2015 Coming into force 1 st April 2015 These two regulations will increase by 1.2% the lump sum amounts payable under the Pneumoconiosis etc. (Workers Compensation) Act 1979 and the diffuse mesothelioma scheme set up by the Child Maintenance and Other Payments Act These new amounts will be paid to those who first satisfy all the conditions of entitlement on or after 1 st April Mines Regulations 2014 Coming into force 6 th April 2015 What will change? The large volume of prescriptive law will be replaced by a single, modern set of regulations containing goal-setting requirements that focus on the control of the risks from major hazards in mines. The principal dutyholder will be the mine operator, not the mine manager. Duplication of requirements will be removed general health and safety regulations apply where they adequately cover hazards currently covered by mines legislation. There will no longer be a requirement for coal mines to participate in an approved mines rescue scheme, although there will be clear requirements on all mine operators to maintain suitable rescue provision National Minimum Wage Regulations 2015 (Applicable also in NI) Coming into force 6 th April 2015 What will change? Since the National Minimum Wage Regulations 1999 were introduced, they have been amended over twenty times. As part of the Red Tape Challenge, the Government concluded a single set of Regulations were needed. Therefore, the National Minimum Wage Regulations 2015 will attempt to clarify and consolidate the current rules. The aim is make the new regulations more user friendly and easier to implement. Calculations are also clearer, for example using a formula to work out an employee s hourly rate as opposed to a description.

6 England and Wales Motor Vehicles, Variation of Speed Limits, England and Wales Regulations 2015 Coming into force 6 th April 2015 The draft regulations are being made to increase the national speed limit for heavy goods vehicles of more than 7.5 tonnes on single carriageways from 40 mph to 50 mph, and on dual carriageways from 50 mph to 60 mph, in England and Wales. England Control of Noise, Codes of Practice for Construction and Open Sites, England Order 2015 Coming into force 6 th April 2015 This Order (which applies only in England) approves the two parts of the British Standards Institution code of practice for noise and vibration control on construction and open sites. Open sites are defined in the code as sites where there is significant outdoor excavation, levelling or deposition of material. This Order replaces the Control of Noise (Codes of Practice for Construction and Open Sites) (England) Order Smoke Control Areas, Exempted Fireplaces, England Order 2015 Coming into force 6 th April 2015 This instrument allows the use (subject to strict conditions) of a number of solid fuel burning boilers and stoves capable of smokeless operation within smoke control areas. These fireplaces do not burn the fuels generally authorised for use in such areas, and consequently have been assessed by Defra and are considered to be capable of meeting, or have met, emission limits. See the explanatory memo for more information. Northern Ireland The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations (Northern Ireland) 2015 Coming into force 1 st April 2015 Pneumoconiosis etc, Workers Compensation, Northern Ireland Payment of Claims, Amendment Regulations 2015 Coming into force 1 st April 2015

7 June 2015 Control of Major Accident Hazards Regulations 2015 Coming into force 1 st June 2015 The main COMAH duties will stay the same as now but there are some important changes particularly on how dangerous substances are classified. For the first time, lower tier operators will have to provide public information about their site and its hazards. Both top tier (now referred to as upper tier) and lower tier operators will need to provide public information electronically and keep it up to date. The HSE has provided 12 steps to getting ready for the changes: Pressure Equipment Amendment, Regulations 2015 Coming into force 1 st June 2015 Updates classification of pressure equipment containing hazardous substances defined by Dangerous Substances Directive (67/548/EEC) to use definitions under Regulation on Classification, Labelling and Packaging of Substances and Mixtures (1272/2008/EC). The Classification, Labelling and Packaging of Chemicals (Amendments to Secondary Legislation) Regulations 2015 coming into force 31 st May 2015 / 1 st June 2015 The new EU Directive amends several pieces of EU legislation in order to bring them in line with Regulation (EC) No 1272/2008 on classification, labelling and packaging of substances and mixtures (the CLP regulations). Regulation 1272/2008 introduced a new classification system for hazardous chemicals, and comes fully into force on 1st June 2015.

8 October 2015 England and Wales Smoke-free, Private Vehicles Regulations 2015 Coming into force 1 st October 2015 A ban on smoking in cars carrying children will be introduced in England and Wales. The ban aims to protect young people under 18 from secondhand smoke, and could see people breaking the law facing 50 on the spot fines. Note Ireland E-cigarettes will not be banned under the measures The ban will not apply to anyone driving alone or driving in a convertible car with the top down. Road Traffic, Construction, Equipment and Use of Vehicles Amendment, Regulations 2014 Road Traffic, Lighting of Vehicles Amendment, Regulations 2014 Road Traffic Construction and Use of Vehicles, Amendment, no 2, Regulations, Weights and Coupling 2014 Rolling out over 2015 Fit for work The new Fit for Work scheme in England, Scotland and Wales went live in December The scheme offers a two stage support system for advice on return to work issues and preventing sickness absence. There is an advice line and a referral assessment service, which enables employers to refer employees to an occupational health professional. More information:

9 Other changes Health and safety fines to increase drastically under tougher guidelines Under tougher guidelines proposed by the Sentencing Council, large firms convicted of corporate manslaughter will face fines of up to 20m. The Council s aim is to help ensure sentences that not only punish the offender, but deter them and others from committing these crimes while removing any financial benefit they may have had from offending. These Offences can result in organisations that maintain proper standards being undercut by offending businesses who are often motivated by saving money at the expense of safety. The council therefore feels that fines should be big enough to have a real economic impact which will bring home to the offending organisation the importance of achieving a safe environment for those affected by its activities. Beyond 2015 October 2016 ISO due to replace ISO The new standard, ISO is likely to replace OHSAS 18001, the international standard for health and safety management. It will require that health and safety is managed in a systematic and integral way within organisations and is not just looked on as an added extra. The ultimate aim is that this standard will lead to improved health and safety performance and help drive down the number of deaths, injuries and illnesses caused by work. It is currently available at Committee Draft stage. It is expected to reach draft international standard (DIS) in April 2015, final draft (FDIS) in June 2016 followed by the standard s publication in October 2016.

10 Environment and Energy key changes in 2015 The Ozone-depleting Substances Regulations 2015 Coming into force 7 th March 2015 Fluorinated Greenhouse Gases Regulations 2015 Coming into force 19 th March 2015 The Noise Emission in the Environment by Equipment for Use Outdoors (Amendment) Regulations 2015 Coming into force 1 st April 2015 The Environmental Permitting (England and Wales) (Amendment) (England) Regulations 2015 Coming into force 6 th April 2015 Environmental Damage, Prevention and Remediation Amendment, Regulations : draft 2015 Coming into force 19 th July 2015 Batteries and Accumulators, Placing on the Market Amendment, Regulations : draft 2015 Coming into force 1 st July st January 2017 Revisions to ISO The international ISO standard outlines how to put an effective environmental management system in place and it is intended to help businesses remain commercially successful without disregarding crucial environmental responsibilities. The changes to ISO are expected to be implemented in Q3 of 2015 and will see the standard integrated more closely into core business planning. In addition, there will be further focus on leadership, environmental performance and communication. More information is available here:

11 ESOS The deadline for the first compliance period for the Energy Savings Opportunity Scheme (ESOS) Regulations is 5 th December 2015, by which time qualifying businesses will have to achieve compliance with the regulations and notify the Environment Agency. ESOS is the UK Government s response to implementing Article 8 of the EU Energy Efficiency Directive, which mandates energy assessments for organisations with 250+ employees, or with an annual turnover and balance sheet of 50m and 43m respectively. More information is available here: For further risk advice, feel free to contact us for more information on the services we provide. Call +44 (0) , info@cowensrs.co.uk or visit Disclaimer This summary is provided by Cowens Risk Solutions for general guidance. In making this summary available it is not possible to anticipate the requirements or the hazards of any readers business. You are therefore advised to carefully evaluate the contents. Cowens Risk Solutions does not accept any liability whatsoever for injury, damage or other losses which may arise from reliance on this information.

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