Health and Safety Executive Board Paper No: HSE/14/04Meeting Date: 29 January 2014 FOI Status: Open Type of paper: Above the line Exemptions: None

Trim reference: 2014/26370

Chief Executive’s Report to the Board Publication of Triennial Review of HSE 1. On 9 January DWP published the outcome of its Triennial Review of HSE conducted by Martin Temple, Chair of the EEF The manufacturers' organisation. The Review, a requirement for all arms-length bodies such as HSE, was undertaken for the purposes of examining HSE's status as a public body, the delivery of its functions and its governance arrangements. 2. The conclusions of the Review are that all of HSE's functions remain necessary and that HSE should continue to operate as an executive Non-Departmental Public Body (NDPB). The Review also reports that there was near universal praise for the work of HSE from the many stakeholders who provided evidence. It has made a number of wide-ranging recommendations for further improvements and changes to HSE’s business model and approach. The Review has been welcomed by the Minister for Disabled People who has also indicated which areas of the Review's findings he wishes to see taken forward as priorities. 3. HSE is currently reviewing the report's recommendations and will be working with DWP to agree how they might best be taken forward. The Government intends to publish its formal response to the Review in April 2014, although work on implementation of some of the recommendations will need to commence in advance of that response. Senior Labour Inspectors Committee evaluation of HSE 2014 4. The EU Senior Labour Inspectors Committee (SLIC) carries out a programme of evaluations of each Member State's (MS) arrangements for National Labour Inspection (NLI), against a set of Common Principles developed some years ago. The evaluations are confined to OSH matters. The Common Principles concern such matters as the operating environment, legislation, organisation and resources, competence and powers of inspectors, and the guidance provided to employers and workers. The evaluations are carried out by a team of SLIC members, and are practical in nature, consisting of a detailed questionnaire completed by the MS being evaluated and a week of visits by the team to the host country, centred on joint visits with inspectors. The UK is to be evaluated in 2014. The evaluation will be led by Romania. There was keen interest in membership of the team, as the UK (HSE) are seen as an organisation to learn from by other SLIC members. The team members will be: Lithuania, Slovakia, Spain, Bulgaria, Ireland and The Netherlands. International Unit has begun work on completing the questionnaire. Following a preparatory meeting in Luxembourg in June, to scope out

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precise areas of interest for the team, the evaluation week itself has been proposed either for the first or second week in October.

Lofstedt latest

5. HSE continues to deliver the Löfstedt recommendations in line with the timetable announced by the Government. Recent developments include:

6. By the end of December 2013, sixteen Approved Codes of Practice (ACOPs) were completed. Of this sixteen, four were revised and re-published, three withdrawn and nine consolidated into three revised ACOPs. A review of a further 14 ACOPs will be completed by December 2014.

7. An eight-week consultation on a proposal to consolidate the Genetically Modified Organisms (Contained Use) Regulations 2000 and the three amending Regulations of 2002, 2005 and 2010 closed on 20 December 2013 and received 41 responses. These are now being analysed. The final regulations will be presented to the Board in April 2014.

8. A consultation was launched on 13 December 2013 seeking views on HSE’s proposals to consolidate and modernise the petroleum legislative framework in GB. The consolidation is intended to update legislative provisions and make them simpler to understand. The consultation will end on 7 February 2014.

Cyclist Safety and Construction logistics in London 9. On 9 December, Transport for London (TfL) hosted an event at which the 'Standard for Construction logistics: managing work related road risk' was launched. Attendees included representatives of the construction, logistics and freight sectors. Keynote speeches were made by the Mayor and TfL Commissioner . The Code pulls together a number of different standards including traffic routing, vehicle standards, training and site access/egress. HSE was engaged in commenting on drafts of the Code and provided a supporting statement. 10. Alongside the Code, in the autumn TfL, the Police and VOSA set up an HGV Taskforce to carry out a series of roadside exercises. The taskforce deals with breaches of legislation enforced by VOSA and the police. HSE is involved in the taskforce's work through HSL providing expert assistance on load security. This support has been greatly appreciated. HSL are looking to see how best this can continue. 11. Engagement continues with both TfL and industry organisations to see what further actions can be made to improve logistics and cyclist safety. Asbestos Safety Campaign 2013-14 12. Communications Department is progressing the next phase of the Asbestos Safety Campaign. The fieldwork for the audience testing of the asbestos information

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kits began in January and will conclude in February. Work is underway to secure the support of a commercial partner to distribute the asbestos information kits. 13. Work to determine the feasibility of an online asbestos safety tool, for use on Smartphones and other mobile devices, completed in December. This work confirmed the benefits of a tool and we will now progress its development. We are currently working to procure a development supplier. 14. The evaluation plan for the campaign is being further developed with Cabinet Office colleagues. HSL have recently secured the following commercial work. 15. China / Hong Kong Occupational Safety and Health Council (OSHC). A contract to provide expert input concerning updating their Construction, Design and Maintenance (CDM) guidance which are based on UK regulations is underway. Mike Williams (HSE Construction) is visiting Hong Kong as part of this work in 13-24 January 2014. 16. European Commission Joint Research Centre. A contract began in September 2013 to provide the European Commission with advice on the competencies and numbers of specialists that regulators will need to access in order to implement the forthcoming European Directive on Offshore Safety. An interim presentation was made in Brussels in December and a final report and presentation is due in April 2014. 17. Gibraltar Environmental Agency. A call-off contract was established in August 2013. We are providing advice based on GB principles for Land Use Planning and how this could be applied to a potential LNG facility for a proposed new power station. A visit to Gibraltar to meet relevant parties, including a Minister in the Government of Gibraltar is scheduled for 20th January. 18. Singapore Economic Development Board. A negotiated extension to the contract on major hazard QRA guidelines was received on 4th December 2013. The additional work, including industry consultation and implementation phases, will extend the completion date to August 2015. The next working visit to Singapore will take place in w/c 17th February 2014. 19. United Arab Emirates /Abu Dhabi Environment, Health and Safety Centre. A contract to perform an analysis of their various sector-based regulations was completed in November 2013. The project scope was to: (1) review the mandate of the Centre, in terms of its strategic objectives, programmes of work and the strengths/weaknesses of its legal position; (2) comment on health and safety performance on the ground in the sectors; (3) provide a view on the costs of implementing health and safety regulations compared to the associated benefits.

KEVIN MYERS Acting Chief Executive

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Communications Overview December 2013 Introduction This report to the Board summarises key communications activity supporting organisational priorities for the month of December. News and PR The key proactive news and PR activity during December was the local roll out of HSE’s safety statistics. Released between Christmas and New Year, the aim is remind employers of the need to manage risks sensibly and proportionately in the year ahead. Extensive regional press coverage was generated as well as local broadcast interviews given, enabling regional directors and senior inspectors to promote, not only sensible safety, but also bust a few common health and safety myths. Around 30 prosecutions were publicised along with the launch of new guidance on managing asbestos and working with dangerous substances, and a consultation on proposed changes to petroleum regulations. In addition, press office also worked with the Department for Work and Pensions on ongoing health and safety mythbusting activity, including tackling the scrooges using health and safety excuses to ruin Christmas or refuse to clear snow. Internal Communications During the period, staff were briefed on some senior staff changes, plus the outcome of the Triennial Review. Other communications included updates to guidance, including revised COSHH and DSEAR ACOPs; New Year Honours for HSE staff; advance notice of an increase in pension contributions from April 2014; an improvement to the password reset process in Resource Management and reminders about the e-learning course on the forthcoming changes to Government Security Classifications. Digital Marketing Highlights for the month include:

• eBulletin articles linking to revised COSHH ACoP (L5) product page were the most popular in December, attracting 9,513 visits to the page. E-bulletins accounted for 46% of all visits to the press release (20,771 visits overall).

• eBulletin articles pointing to the new Legionnaire’s disease ACoP (L8) product page were the second most popular in December, attracting 6,356 visits to the information. E-bulletins accounted for 38% of all visits to the page (16,725 visits overall).

• Myth Busting Challenge Panel cases continued to be popular, with 4,502 visits from eBulletins to Case 227; ‘Gluten free hot chocolate’ in December. E-bulletins accounted for 77% of all visits to the case (5.861 visits overall)

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Annex 1

Online revisions and improvements Most visited web pages at the end of the third quarter of 2013/14 were: the homepage with 2,706,929 visits; followed by the RIDDOR site with 624,161 visits and the COSHH site with 451,877 visits. A total of 183 online content and PDF revisions were made during December, including:

• Three Approved Codes of Practice: L5 Control of substances hazardous to health (COSHH), L138 Dangerous substances and explosive atmospheres (DSEAR), and L143 Managing and working with asbestos

• HSG65 Managing for health and safety pdf and associated leaflet INDG275(rev1) Plan, Do, Check, Act: An introduction to managing for health and safety

• The report: Fatal injuries in farming, forestry, horticulture and associated industries 2012/13

• Offshore Directive - The safety of offshore oil and gas operations web pages.

Online Consultations • Consultation on Proposal to Consolidate the Genetically Modified Organisms

(Contained Use) Regulations 2000 and the three amending Regulations of 2002, 2005 and 2010 (CD263) ended during the period.

• Consultation on proposals from HSE to amend the REACH Enforcement Regulations 2008 to take up a derogation from a European ban on certain uses of dichloromethane (DCM)-based paint strippers (CD265) concluded on 3 January.

Consultations that began in December 2013:

• Consultation on proposals for the consolidation of Petroleum legislation (CD264) Consultation began on 13 December (ends 7 February).

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Annex 2

Operations

Fatality details Since the last update to the HSE Board on Wednesday 4th December 2013, 32 fatal accidents for 2013/2014 under RIDDOR and subsequently published on HSE’s website. Please see Annex 2 for details. In some cases, the publication of a fatality on the HSE website and notification to the Board may be some months after the actual date of the initial incident. This is due to the verification checks that are carried out to ensure that the fatality is within HSE’s enforcement remit and if so, the correct information is subsequently published. The complex nature of some fatality investigations may mean that it can take some time to verify this information. Of the 32 fatalities listed in the current report, one occurred prior to October and November 2013. 21 fatalities occurred in October 2013, compared with 22 which occurred in October 2012. 10 fatalities occurred in November 2013, compared with 12 which occurred in November 2012 The full list of the names of the deceased plus additional details may be viewed at: http://www.hse.gov.uk/foi/fatalities/in-year-names.htm: Significant Prosecutions during November and December 2013

1. Adstone Construction Ltd was fined a total of £100,000 and ordered to pay £106,098 in costs at Shrewsbury Crown Court after five roofing contractors were seriously injured when a heavy steel canopy for a new secondary school collapsed.

2. Barchester Healthcare Limited was fined £175,000 and ordered to pay costs of £22,961 at Chelmsford Crown Court after a resident suffering from dementia fell to his death from a first floor window of its Essex nursing home.

3. Dr Victoria Martindale was given a 16-month prison sentence, suspended for two years. She was also given 200 hours community service, fined £4,000 and was ordered to pay costs of £17,500 at Derby Crown Court for failing to maintain a faulty gas boiler that caused the death of a tenant from carbon monoxide poisoning

4. Carillion AM Government Ltd was fined a total of £180,000 and ordered to pay £28,551 in costs at Ipswich Crown Court. for serious safety failings after a motorcyclist suffered devastating injuries and was left paralysed after a collision with traffic signs

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Annex 2

5. UK Wood Recycling Ltd was fined £200,000 and ordered to pay a further £34,000 in costs at Teesside Crown Court when a worker was killed after being struck by a loading vehicle and run over

6. Milton Keynes Roofing Ltd was fined a total of £11,672 at Aylesbury Crown Court after a worker fell to his death from an unsuitable and badly maintained ladder at a Milton Keynes home

7. Assystem UK Ltd was fined £160,000 and ordered to pay £52,500 in prosecution costs Preston Crown Court for safety failings following the death of an electrician who was crushed by an overhead crane at a Preston factory

8. TRU Ltd which now trades as TRU (Transitional Rehabilitation Unit) Ltd, was fined £170,000 and ordered to pay a further £82,145 in prosecution costs at Liverpool Crown Court for serious safety failings following the death of a worker who fell nearly six metres from scaffolding

9. Mapei UK Limited was fined a total of £173,332 at Wolverhampton Crown Court after a worker died when he was pinned against a forklift truck by a reversing lorry in Halesowen

10. Mark Walker was fined £7,500 and ordered to undertake 250 hours of community work and liable for £75,000 in prosecution costs at Reading Crown Court for safety failings after reversing into and killing a customer in his van

11. Sheffield Forgemasters Steel Ltd was fined £120,000 and ordered to pay £125,000 in costs at Sheffield Crown Court for safety failings that led to an employee dying of carbon dioxide poisoning after the cellar he was working in filled with the deadly gas

12. Polimeri Europa UK Ltd was fined a total of £120,000 and ordered to pay £18,023 in full costs at Southampton Crown Court after three workers suffered acid burns when pipework at its plant near Southampton ruptured, sending a jet of sulphuric acid 20 metres into the air.

13. The Buccleuch Estates Limited was fined £140,000 by Dumfries Sheriff Court after a worker died during tree felling operations at Bogrie Wood near Drumlanrig Castle in Dumfries

14. Blackburn Skip Hire Ltd was fined £60,000 and ordered to pay £19,000 in prosecution costs and Zarif Mohammed was ordered to carry out 160 hours of unpaid community work in the next 12 months and to pay costs of £1,000 by Preston Crown Court after a 21-year-old worker was crushed to death

15. Alloy Bodies Ltd was fined £30,000 and ordered to pay £56,621 in costs at Manchester Crown Court after an employee was crushed by a giant fish tank that toppled off a forklift truck

16. Leisure Connection Ltd was fined £45,000 with costs of £20,746 at Chelmsford Crown Court after a two and a half year-old boy suffered severe burns in the changing area of the centre’s swimming pool

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Annex 2

17. The Artisan Press Ltd was fined £20,000 and ordered to pay £5,915 in costs at Leicester Magistrates’ Court after a worker suffered life threatening injuries when his head became trapped in machinery

18. Archimica Ltd was fined a total of £80,000 and Euticals Ltd was fined at total of £40,000 at Mold Crown Court for multiple safety and environmental breaches which caused workers’ major health problems and resulted in releases to the environment – including failures to comply with two HSE enforcement notices

19. Onesubsea UK Ltd was fined £52,500 and ordered to pay £92,000 in costs at Leeds Crown Court after it ignored health and safety regulations over several years, leaving several employees with disabling vibration-related disease

20. South Lanarkshire Council was fined £50,000 at Hamilton Sheriff Court after a driver suffered severe abdominal crush injuries when he was trapped between the lifting hoist and the side of a refuse vehicle

21. Gallagher Groundworks was fined £32,000 after a 20 year-old worker had to have a leg amputated when it was crushed during the construction of Griffin Wind Farm in Perth and Kinross

22. Fife Council was fined £20,000 by Kirkcaldy Sheriff Court after a school janitor was injured while undertaking chainsaw work

23. The partnership of Heckingham Hall was fined £2,000 and ordered to pay £20,000 in prosecution costs at Norwich Crown Court after a worker was seriously injured when his hand and arm were pulled into a polishing lathe

24. D Henderson Chimney Specialists and Roofers Ltd was fined £20,000 after a chimney sweep fell from the chimney stack of a two storey house in Falkirk

25. Cemex UK Materials Ltd was fined £35,000 and ordered to pay £10,043 costs at Aylesbury Crown Court after a worker had both legs broken when he was struck by a falling 400kg metal track

26. Tennants (Elgin) Limited was fined £30,000 by Elgin Sheriff Court for serious safety failings after a worker suffered horrific injuries to his arm when it was pulled into unguarded machinery

27. National Grid Gas Plc was fined £20,000 and ordered to pay £9,846 costs at Norwich Magistrates’ Court after an employee suffered serious leg injuries when gas was released at high pressure during maintenance work at Diss Compressor Station, Norfolk.

28. Bloom Plant Ltd was fined £40,000 and ordered to pay costs of £27,500 at Nottingham Crown Court after a worker suffered severe injuries when he was hit by a falling excavator bucket on his first day on site

29. Hunter Wilson Ltd was fined £44,000 at Dumfries Sheriff Court fined for serious safety failings that left a worker fighting for his life in hospital

30. Timbmet Ltd was fined £24,000 at Glasgow Sheriff Court for safety failings that left a worker needing extensive surgery

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Annex 2

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31. MNS Care PLC was fined a total of £30,000 and ordered to pay £880 in costs by Westminster Magistrates’ Court for safety failings at an east London care home

32. Sewstern Timber Services Ltd was fined a total of £18,000 and ordered to pay costs of £10,000 at Lincoln Crown Court after an employee severed three fingers in an unguarded roller conveyor.

FOI Requests made to HSE

HSE received 752 FOI requests during the months of November and December 2013.

Parliamentary Business

HSE answered 30 PQs during the months of November and December 2013.

Annex 2

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The following table is an extract of all 2013/2014 work-related deaths notified to HSE since the last update to the Board on Wednesday 4th December 2013, it contains fatalities notified to us in October and November 2013. It is taken from the latest "Names and details of fatalities" update published on HSE's website on Monday 6th January 2014. HSE's internet publication is the collated picture of ‘as reported’ information on fatalities. It does not purport to be a formal statistical release. Subsequent investigation may determine that some are not reportable under RIDDOR, for example deaths due to natural causes. Other deaths shown here may have been caused by gas incidents in the home. In such cases these deaths will not be counted in our statistics for workplace fatal injuries. Provisional quarterly figures for workplace fatal injuries are available from our latest quarterly injury figures and validated figures and information will only be available on publication of the annual fatality statistics for Great Britain.

Date of incident

Name Age Description of incident Location of incident

Local Authority General Industry Sector

Detailed Standard Industry Classification

Employment status

04/06/2013

Stephen John Greenaway

50

The deceased died following a fall

Pembrokeshire

Pembrokeshire UA

Manufacturing

Manufacture of metal structures and parts of

structures

Employed by other

03/10/2013

Margaret Raffield

87

The deceased died whilst under medical

care

Surrey

Reigate & Banstead

Service

Residential Nursing Care

Member of the Public

03/10/2013

Thomas Scanlon

66

The deceased fell from height

Glasgow

Glasgow UA

Construction

Construction of Buildings

Employee

04/10/2013

Siena Davies

1

The deceased was struck by a moving

vehicle

Harborough

Harborough

Agriculture

Mixed Farming

Member of the Public -

Child

04/10/2013

Daniel Yeowell

26

The deceased was struck by an object

Crawley

Crawley

Construction

Specialised Construction Not Scaffolding

Employee

05/10/2013

Steven John Buchanan

40

The deceased was struck by a moving

vehicle

North Uist

Western Isles

Service

Freight Transport By Road

Self Employed

05/10/2013

Mohammed Butt

63

The deceased died from suspected carbon

monoxide poisoning

London

Lambeth

Construction

Development Of Building Projects

Self Employed

09/10/2013

Darren Morley

50

The deceased was struck by an object

Wigan

Wigan

Service

Passenger Land Transport nec

Employee

Annex 2

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Date of incident

Name Age Description of incident Location of incident

Local Authority General Industry Sector

Detailed Standard Industry Classification

Employment status

10/10/2013

Leonard Chase

69

The deceased was struck by an object

Doncaster

Doncaster

Service

Motor Vehicle Repair

Self Employed

10/10/2013

Stephen Millington

53

The deceased was trapped by an object

Dudley

Dudley

Service

Motor Vehicle Repair

Self Employed

11/10/2013

David Shanks

55

The deceased fell from

height

Hull

Hull City UA

Manufacturing

Manufacture of bread; manufacture of fresh pastry

goods and cakes

Self Employed

12/10/2013

Dennis McBride

37

The deceased was struck by a vehicle

North Lanarkshire

North Lanarkshire UA

Service

Other business support service activities n.e.c.

Employee

14/10/2013

David Smith

50

The deceased fell from height

Ceredigion

Ceredigion

Construction

Other construction installation

Self Employed

17/10/2013

Anthony Jackson

66

The deceased died after his vehicle

overturned

Bassetlaw

Bassetlaw

Construction

Roofing activities

Employee

18/10/2013

John Head

60

The deceased was struck by a moving

vehicle

Kent

Shepway

Service

Other personal service activities n.e.c.

Employee

18/10/2013

Tomas Suchy

22

The deceased was struck by an object

Plymouth

Plymouth UA

Manufacturing

Processing and preserving of fish, crustaceans and

molluscs

Employee

26/10/2013

Peter Waite

52

The deceased was trapped by an object

Essex

Brentwood

Water/Waste Management

Treatment/Disposal Non Hazardous Waste

Self Employed

28/10/2013

Suhail Akhtar

46

The deceased died

following a gas explosion

Warwick

Warwick

Extractive/utility

Distribution of gaseous fuels through mains

Member of the Public

28/10/2013

Dorota Kolasinska

35

The deceased died following a gas

explosion

Warwick

Warwick

Extractive/utility

Distribution of gaseous fuels through mains

Member of the Public

28/10/2013

Shaun Dodgson

27

The deceased was trapped by an object

Cheshire

Cheshire West and Chester UA

Manufacturing

Other manufacturing not elsewhere classified

Employee

Annex 2

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Date of incident

Name Age Description of incident Location of incident

Local Authority General Industry Sector

Detailed Standard Industry Classification

Employment status

31/10/2013

Thomas Brown

65

The deceased came into contact with cattle

King's Lynn

W Norfolk & Kings Lynn

Agriculture

Raising of dairy cattle

Self Employed

31/10/2013

James Gaffney

79

The deceased was

trapped by a vehicle

North Yorkshire

Hambleton

Agriculture

Hunting, trapping and related service activities

Employee

04/11/2013

Brian Welch

45

The deceased came into contact with

electricity

Shropshire

Shropshire UA

Construction

Construction of commercial buildings

Self Employed

06/11/2013

Richard Laco

31

The deceased was struck by an object

London

Camden

Manufacturing

Machining

Employee

06/11/2013

Roy Pickman

73

The deceased died following a fall

Essex

Braintree

Construction

Painting

Self Employed

16/11/2013

Mujo Peqa

32

The deceased fell from

height

Havering

Havering

Construction

Roofing activities

Employee

19/11/2013

Graham Wood

55

The deceased was struck by a moving

vehicle

Warwickshire

Stratford-on-Avon

Service

Employment agency activities

Employee

20/11/2013

Anne Elliot

63

The deceased died following a fall

Sunderland

Sunderland

Service

General public administration activities

Member of the Public

26/11/2013

Matthew Lambert

39

The deceased was struck by a moving

vehicle

Amber Valley

Amber Valley

Construction

Construction of Buildings

Employee

22/11/2013

John Flowers

63

The deceased fell from height

South Ribble

South Ribble

Extractive/utility

Transmission of electricity

Employee

27/11/2013

Alfred Cheyne

71

The deceased was struck by a moving

vehicle

Aberdeenshire

Aberdeenshire UA

Manufacturing

Machining

Self Employed

30/11/2013

Leslie Hole

52

The deceased was struck by a moving

vehicle

Oxfordshire

West Oxfordshire

Extractive/utility

Quarrying of ornamental and building stone,

limestone, gypsum, chalk and slate

Employee

Annex 3

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JANUARY 2014 UPDATE ON EU HEALTH AND SAFETY DOSSIERS

This annex to the Chief Executive’s Report provides the Board with a monthly update on progress with EU health and safety dossiers that HSE leads on for HMG or other dossiers that HSE has an interest in but not the lead. To help the Board keep track of developments, each dossier is either marked ‘UNCHANGED FROM LAST BOARD UPDATE’ or ‘NEW DEVELOPMENTS’. For further information about this annex, please contact Stephen Taylor, EU Coordinator in HSE’s International Unit (Tel: 020 7227 3830 or e-mail: stephen.taylor@hse.gsi.ov.uk)

SOCIAL DIALOGUE: EMPLOYMENT AND SOCIAL AFFAIRS DOSSIERS: Social partners consultation on environmental tobacco smoke Current status (UNCHANGED FROM LAST BOARD UPDATE): The European Commission has announced that it will not propose legislation on environmental tobacco smoke during its current mandate. Lead Department HSE contact

DH HSE SCS Lead – Kären Clayton HSE Policy Lead – Gillian Smith, Long Latency Health Risks Division, 0151 951 4919, gill.fod.smith@hse.gsi.gov.uk HSE SCS Lawyer – Hilton Leslie

Social partners consultation on reviewing the Working Time Directive Current status (UNCHANGED FROM LAST BOARD UPDATE): In September 2009, the EC announced its commitment to review the Working Time Directive, following the collapse of the previous round of negotiations on amending the Directive in April 2009. There have since been two rounds of social partner consultation on options for the Directive, with the social partners subsequently having decided to open negotiations on an agreement on the Directive, though those talks have now reached an impasse. The EC is now deciding on next steps. HSE has a role in enforcing the domestic regulation that transposes the original Directive. Lead Department HSE contact

BIS HSE SCS Lead – David Sowerby HSE Policy Lead – Bernadette Cadman, Field Operations Directorate, 0151 951 5710, bernadette.cadman@hse.gsi.gov.uk HSE SCS Lawyer – Hilton Leslie

Annex 3

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PRE-PROPOSAL STAGE: EMPLOYMENT AND SOCIAL AFFAIRS DOSSIERS: Initiative on Ergonomics at Work Current status (UNCHANGED FROM LAST BOARD UPDATE): The European Commission has announced that it will not propose legislation on ergonomics in the workplace during its current mandate. Lead Department HSE contact

HSE SCS Lead – Paul Logan Policy Lead – Pete Lennon, Work Environment, Radiation and Gas Division, 0151 951 3014, peter.lennon@hse.gsi.gov.ukSCS Lawyer – Hilton Leslie

Initiative to revise the Carcinogens and Mutagens Directive (2004/37/EC) Current status (UNCHANGED FROM LAST BOARD UPDATE): The European Commission has announced that it will not propose legislation on carcinogens and mutagens during its current mandate. Lead Department HSE contact

HSE SCS Lead – Kären Clayton Policy Lead – Gillian Smith, Long Latency Health Risks Division, 0151 951 4919, gill.fod.smith@hse.gsi.gov.uk SCS Lawyer – Hilton Leslie

Potential implementation of social partners agreement on the prevention of health risks in the hairdressing sector Current status (UNCHANGED FROM LAST BOARD UPDATE): The European Commission has announced that it will not propose legislation to implement the social partner agreement on the protection of occupational safety and health in hairdressing during its current mandate. However, work underway to make an assessment of the agreement will continue. Lead Department HSE contact

HSE SCS Lead – Kevin Myers Policy Lead – Cameron Adam, Operational Strategy Division, 0141 275 3096, cameron.adam@hse.gsi.gov.uk SCS Lawyer – Hilton Leslie

Annex 3

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UNDER NEGOTIATION:

EMPLOYMENT AND SOCIAL AFFAIRS DOSSIERS: Proposed amendment of Pregnant Workers Directive (92/85/EC) Current status (UNCHANGED FROM LAST BOARD UPDATE): The European Parliament (EP) has proposed a number of amendments to the Directive, including ones on health and safety, following its plenary session on 20 October 2010. The EP’s amended proposal has been sent to the Council, where it remains under consideration. Lead Department HSE contact

BIS HSE SCS Lead – Clive Fleming HSE Policy Lead – Kate Haire, Strategic Interventions Division, 0151 951 3792, kate.haire@hse.gsi.gov.ukHSE SCS Lawyer – Hilton Leslie

Proposed Council Decision authorising ratification of ILO Convention 170 concerning safety in the use of chemicals at work Current status (NEW DEVELOPMENTS): The EC has proposed a Decision of the Council authorising member states to ratify Convention 170 of the International Labour Organization concerning safety in the use of chemicals at work. The Convention dates from 1990 and the UK to date has not ratified it. At its December 2013 plenary the European Parliament assented to the proposed Decision. It will now go to the Council for formal adoption. The Decision is permissive in nature. Lead Department HSE contact

HSE SCS Lead – Kären Clayton Policy Lead – Gillian Smith, Long Latency Health Risks Division, 0151 951 4919, gill.fod.smith@hse.gsi.gov.uk SCS Lawyer – Peter Loosley

Proposed Directive to amend certain European occupational safety and health directives to align them with the European Regulation on classification, labelling and packaging of substances and mixtures (1272/2008) Current status (NEW DEVELOPMENTS): The EC has published a proposal to align the chemicals classification provisions of the Young Workers, Pregnant Workers, Chemical Agents, Safety Signs at Work and Carcinogens and Mutagens Directives to the European Regulation on the classification, labelling and packaging (CLP) of substances and mixtures. These Directives are now misaligned with the EU’s chemicals classification system, which evolved subsequent to their adoption. In some places the new CLP system bears little or no direct relationship to the criteria cited in the Directives. Therefore this is seen as a long overdue technical update. An informal deal was reached between the Council, the European Parliament (EP) and the EC in December 2013. The EP is due to formally vote on the deal in February. Lead Department HSE

Annex 3

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HSE contact SCS Lead – Kären Clayton Policy Lead – Robin Foster, Long Latency Health Risks Division, 020 7227 3814, robin.foster@hse.gsi.gov.ukSCS Lawyer – Peter Loosley

Proposed Directive on enforcement of posted workers rights Current status (UNCHANGED FROM LAST BOARD UPDATE): The EC has published a legislative proposal dealing with the enforcement of workers’ rights when they are posted abroad by their employers, i.e. what are classified as ‘posted workers’. Although numbers of posted workers are relatively small (less than 37,000 in the UK), analysis of the proposal suggests the impact of the proposal on HSE is likely to be broad though probably fairly shallow. There are possible impacts in relation to resources and targeting, publications, data handling and disclosure of information, and complaints handling. HSE continues to advise the Department for Business, Innovation and Skills, which leads on the proposal for the UK. Lead Department HSE contact

BIS HSE SCS Lead – Clive Fleming HSE Policy Lead – Kate Haire, Strategic Interventions Division, 0151 951 3792, kate.haire@hse.gsi.gov.ukHSE SCS Lawyer – Hilton Leslie

ENTERPRISE AND INDUSTRY DOSSIERS: Proposed modification of New Approach Directives in line with the EC Regulation on Accreditation and Market Surveillance Current status (UNCHANGED FROM LAST BOARD UPDATE): The EC has drawn up 9 separate amending Directives to bring a number of supply Directives into line with the European Regulation on Accreditation and Market Surveillance. The Directives being amended that are HSE’s responsibility to enforce include explosives for civil use, lifts, low voltage, simple pressure vessels and pyrotechnics (for which HSE enforces Category 4 theatrical and pyrotechnic articles). HSE is the lead on explosives for civil uses. The Pyrotechnics Directive has been agreed (see the entry below). The remaining eight proposals are still under negotiation. Lead Department HSE contact

BIS HSE SCS Lead – Paul Logan, Peter Brown HSE Policy Leads – Pete Lennon, Work Environment, Radiation and Gas Division, 0151 951 3014, david.bosworth@hse.gsi.gov.uk, and Alison Wellens, Major Hazards policy Division, 0151 951 3356, alison.wellens@hse.gsi.gov.ukHSE SCS Lawyer – Peter Loosley

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Proposed Regulation on Product Safety and Market Surveillance Current status (UNCHANGED FROM LAST BOARD UPDATE): The EC has published a proposal for a regulation on product safety and market surveillance as part of a coherent package to cover the market surveillance of industrial and consumer products, including explosives for civil use which is a HSE lead. It seeks to simplify the EU’s market surveillance framework for manufacturers and market surveillance authorities. The proposal contains powers of product recall, specifies equal priority to dealing with administrative breaches, strengthens the obligation to respond to issues raised by other Member States and explicitly makes provision for the ability to charge fees to cover the costs of market surveillance activities. HSE is acting as an advisor to the Department for Business, Innovation and Skills on the proposal. Lead Department HSE contact

BIS HSE SCS Leads – Paul Logan, Peter Brown HSE Policy Leads – Pete Lennon, Work Environment, Radiation and Gas Division, 0151 951 3014, david.bosworth@hse.gsi.gov.uk, and Alison Wellens, Major Hazards Policy Division, 0151 951 3356, alison.wellens@hse.gsi.gov.ukHSE SCS Lawyer – Hilton Leslie

Proposed Regulation on Consumer Product Safety Current status (UNCHANGED FROM LAST BOARD UPDATE): The EC has also published, as part of the package of product safety and market surveillance measures mentioned above, a proposal for a regulation on consumer product safety. It would replace the General Product Safety Directive. The proposal includes in its scope products to which consumers are exposed in the provision of a service. HSE is acting as an advisor to the Department for Business, Innovation and Skills on the proposal. Lead Department HSE contact

BIS HSE SCS Leads – Paul Logan, Peter Brown HSE Policy Leads – Pete Lennon, Work Environment, Radiation and Gas Division, 0151 951 3014, david.bosworth@hse.gsi.gov.uk, and Alison Wellens, Major Hazards Policy Division, 0151 951 3356, alison.wellens@hse.gsi.gov.ukHSE SCS Lawyer – Hilton Leslie

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Proposed amendment of the Pressure Equipment Directive to align it with the European Regulation on classification, labelling and packaging of substances and mixtures (1272/2008) Current status (UNCHANGED FROM LAST BOARD UPDATE): The EC has published a proposal to align the Pressure Equipment Directive with the European Regulation on the classification, labelling and packaging of substances and mixtures. This would be under the same procedure as the proposed modification of the New Approach Directives in line with the European Regulation on Accreditation and Market Surveillance. Negotiations are currently under way. HSE is acting as an advisor to the Department for Business, Innovation and Skills on the proposal. Lead Department HSE contact

BIS HSE SCS Lead – Paul Logan HSE Policy Lead – Pete Lennon, Work Environment, Radiation and Gas Division, 0151 951 3014, david.bosworth@hse.gsi.gov.uk HSE SCS Lawyer – Hilton Leslie

ENVIRONMENT DOSSIERS:

Proposed EU Regulation amending the EU Biocides Regulation (528/2012) Current status (NEW DEVELOPMENTS): The European Commission (EC) published on 22 May 2013 a legislative proposal for a Regulation amending the European Biocides Regulation. A number of technical and legal mistakes have been identified in the text of the Regulation. The proposed amending Regulation will correct the mistakes, many of which were identified by the UK. They are technically and legally required to ensure the Regulation is clear and meets its policy intention to streamline and the reduce costs of the existing system. An informal deal was reached between the Council, the European Parliament (EP) and the EC in December 2013. The EP is due to formally vote on the deal in February. Lead Department HSE contact

HSE SCS Lead – Kären Clayton Policy Lead – Robin Foster, Long Latency Health Risks Division, 020 7227 3814, robin.foster@hse.gsi.gov.uk SCS Lawyer – Peter Loosley

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Essential use application following non-inclusion of copper in Annex I, IA or IB of the Biocidal Products Directive (98/8/EC) Current status (UNCHANGED FROM LAST BOARD UPDATE): On 9 February 2012, the European Commission (EC) took a decision not to include elemental copper in Annex I, IA or IB of the Biocidal Products Directive (98/8/EC) in relation to biocidal product type 2 (private area and public health area disinfectants and other biocidal products), type 4 (food and feed area disinfectants), type 5 (drinking water disinfectants) and type 11 (preservatives for liquid-cooling and processing systems). The decision was taken because no manufacturer took sufficient action to support the biocidal use of elemental copper during a review period that ended in September 2011. The decision means that supply and use of biocidal copper within these product types has not been allowed from 1 February 2013. However the UK applied to the EC on 29 January 2013 for an ‘essential use derogation’ for copper to allow for its continued use in legionella control systems in the UK within product types 2 and 5. If the EC grants a derogation continued supply and use of copper would be allowed in the UK while suppliers of copper-based systems prepare their case to support copper through the Directive’s assessment process. Derogation applications have also been submitted by Spain and Norway. All these applications have been subject to a 60-day public consultation. HSE has made clear that inspectors will take a sensible and proportionate approach to enforcement if they come across these systems after 1 February 2013 and that, during this interim period, the focus of any enforcement activity will be on the failure to control the risk of exposure to legionella bacteria and the likelihood of legionnaire’s disease developing in a given situation, rather than on the means of control. The EC service responsible for biocides has indicated that it proposes to grant the UK’s essential use application in relation to legionella control as soon as internal clearance procedures allow, and has drafted a Decision to this effect which has been combined with the derogations requested by some other Member States. The UK has also applied for a derogation for product type 11 use in ships and offshore installations, and also for a further derogation for product type 2 use to cover swimming pool treatments. Further derogation applications have also been submitted by the Netherlands, Ireland, Estonia, Italy, Poland, France, Belgium, Norway, Germany, Latvia and Finland. All such applications must first be subject to a 60-day public consultation. Lead Department HSE contact

HSE SCS Lead – Kären Clayton Policy Lead – Robin Foster, Long Latency Health Risks Division, 020 7227 3814, robin.foster@hse.gsi.gov.uk SCS Lawyer – Peter Loosley

Proposed Commission Implementing Regulation for the approval of thirteen active substances under the EU Biocides Regulation, and four other administrative matters Current status (NEW DEVELOPMENTS): The December 2013 meeting of the Standing Committee on Biocidal Products voted to approve 6 active substances under the European Biocides Regulation (copper HDO, s-methoprene, octanoic acid, decanoic acid, iodine (including PVP iodine), and zineb). The Standing Committee also gave a favourable opinion on the proposed European Commission (EC) Implementing Regulation containing the procedure for amending Annex I of the European Biocides Regulation (Annex I is a list of low risk active substances), and a favourable opinion on the proposed EC Implementing Regulation addressed to Germany approving restrictions of authorisations for rodenticide products containing the active substance difenacoum. Lead Department HSE contact

HSE SCS Lead – Kären Clayton Policy Lead – Robin Foster, Long Latency Health Risks Division, 020 7227 3814, robin.foster@hse.gsi.gov.uk SCS Lawyer – Peter Loosley

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Proposed Commission Regulation amending Annex I of the EC Regulation on the export and import of hazardous chemicals Current status (UNCHANGED FROM LAST BOARD UPDATE): The European Commission has published a proposal for further amendments to Annex I of the European Regulation on the export and import of hazardous chemicals, adding one substance (didecyldimethylammonium chloride) to Annex I, removing one substance (chloropicrin) from the Annex as it falls within the scope of another EU Regulation, and modifying three other Annex I entries (azinphos-methyl, PFOS and chlorate). The proposal was agreed in a vote by Member States on 11 October, although chloropicrin was removed from the proposal prior to the vote for further consideration as to whether preparations containing <30% of this substance are within the scope of the Regulation. The proposal is now subject to scrutiny by the Council and European Parliament and is likely to come into force in early 2014. Lead Department HSE contact

HSE SCS Lead – Kären Clayton Policy Lead – Robin Foster, Long Latency Health Risks Division, 020 7227 3814, robin.foster@hse.gsi.gov.ukSCS Lawyer – Peter Loosley

EURATOM DOSSIER: Proposed Directive on Radiological Protection Current status (UNCHANGED FROM LAST BOARD UPDATE): The European Commission published a legislative proposal to bring together a number of Directives, Decisions, Regulations and Recommendations dealing with radiological protection into one Directive on 29 September 2011. Negotiations on the proposal concluded on 29 May 2013 with member states signalling their agreement with the text proposed by the Irish Presidency of the Council. The European Parliament, though limited to an advisory role, gave its view on the proposal in October 2013. The negotiations are now entering their final stages in the Council with a Directive expected to be published in early 2014. Lead Department HSE contact

DECC HSE SCS Lead – Paul Logan Policy Lead – Clare McNicholas, Work Environment, Radiation and Gas Division, 0151 951 3972, clare.mcnicholas@hse.gsi.gov.ukHSE SCS Lawyer – Peter Loosley

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UNDER IMPLEMENTATION: EMPLOYMENT AND SOCIAL AFFAIRS DOSSIER: Directive on electromagnetic fields (2013/35/EU) Current status (UNCHANGED FROM LAST BOARD UPDATE): This Directive was published on 29 June 2013 and requires transposition by 1 July 2016. It replaces the 2004 Electromagnetic Fields Directive. Lead Department HSE contact

HSE SCS Lead – Paul Logan Policy Lead – Clare McNicholas, Work Environment, Radiation and Gas Division, 0151 951 3972, clare.mcnicholas@hse.gsi.gov.ukSCS Lawyer – Hilton Leslie

INDUSTRY AND ENTERPRISE DOSSIERS:

EC Regulation on classification, labelling and packaging of substances and mixtures (1272/2008) – Establishment of the UK competent authority Current status (UNCHANGED FROM LAST BOARD UPDATE): The UK is required, under European Regulation No. 1272/2008, to appoint a competent authority for proposals for harmonised classification and labelling of chemicals and to be responsible for the enforcement of the obligations set out in the Regulation. Discussions are in progress with the devolved administrations about the potential mechanisms for appointing HSE as the UK competent authority for the Regulation. Lead Department HSE contact

HSE SCS Lead – Kären Clayton Policy Lead – Robin Foster, Long latency Health Risks Division, 020 7227 3814, robin.foster@hse.gsi.gov.uk SCS Lawyer – Peter Loosley

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ENVIRONMENT DOSSIERS:

EU Regulation on the approval and market surveillance of agricultural and forestry vehicles (167/2013) Current status (UNCHANGED FROM LAST BOARD UPDATE): This Regulation was published on 2 March 2013 and replaces the previous Agricultural Vehicles Type Approval Directive (2003/37/EC). The EC will now draw up 5 delegated acts to implement the Regulation in respect of functional safety requirements, construction safety requirements, environmental and propulsion performance, access to repair and maintenance information and vehicle braking requirements. The Department for Transport is leading on this work for the UK. HSE is advising on health and safety issues. Lead Department HSE contact

DfT HSE SCS Lead – Philip White HSE Policy Lead – Alastair Mitchell, Operational Strategy Division, 01905 74 3608, alastair.mitchell@hse.gsi.gov.uk HSE SCS Lawyer – Peter Loosley

Directive on harmonisation of laws of the member states to the making available on the market of pyrotechnic articles (2013/29/EU Current status (UNCHANGED FROM LAST BOARD UPDATE): This Directive was published on 14 June 2013 and requires transposition by 30 June 2015. It aligns the provisions governing the placing on the market of pyrotechnics with the common EU framework for marketing products. BIS is developing the transposition plan for the Directive and HSE is acting as an advisor to BIS given its enforcement responsibilities for pyrotechnics. Lead Department HSE contact

BIS HSE SCS Leads – Peter Brown HSE Policy Leads – Alison Wellens, Major Hazards Policy Division, 0151 951 3356, alison.wellens@hse.gsi.gov.ukHSE SCS Lawyer – Peter Loosley

EC Regulation on Registration, Evaluation, Authorisation and Restriction of Chemical substances (REACH) (1907/2006) Current status (UNCHANGED FROM LAST BOARD UPDATE): This Regulation came into force on 1 June 2007. Key recent developments include: • Work continues to take forward the permitted derogation from the new EU restriction on use of paint-strippers containing dichloromethane. • Discussions continue with the Department for Environment, Food and Rural Affairs (Defra) on arrangements necessary to assure the

continued management of the asbestos legacy under the new REACH restrictions system. Lead Department HSE contact

DEFRA (Policy Lead) HSE (UK Competent Authority) HSE SCS Lead – Kären Clayton HSE Policy Lead – Robin Foster, Long Latency Health Risks Division, 020 7227 3814, robin.foster@hse.gsi.gov.ukHSE SCS Lawyer – Peter Loosley

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Directive on control of major accident hazards involving dangerous substances (2012/18/EU) Current status (UNCHANGED FROM LAST BOARD UPDATE): This Directive was published on 24 July, and replaces Directive 96/82/EC, as amended by Directive 2003/105/EC. It brings existing ‘Seveso’ requirements into line with the European Regulation on classification, labelling and packaging of substances and mixtures. It also modernises existing public information requirements, including bringing them into line with the Aarhus Convention on public information, public participation and access to justice for environmental matters. Directive 2012/18/EC requires transposition by 31 May 2015, except one provision which relates to Heavy Fuel Oil which requires transposition by 14 February 2014. Planning for transposition of the Directive is in progress. Discussions in Europe are on-going on a number of issues that need clarification to assist with transposition of the Directive. Lead Department HSE contact

HSE SCS Lead – Peter Brown Policy Lead – Sandra Ashcroft, Major Hazards Policy Division, 0151 951 3531, sandra.ashcroft@hse.gsi.gov.ukSCS Lawyer – Hilton Leslie

EU Regulation on the export and import of hazardous chemicals (649/2012) Current status (UNCHANGED FROM LAST BOARD UPDATE): This Regulation was published on 27 July 2012, and will apply from 1 March 2014. The Regulation is a recast of the existing European Regulation on the Export and Import of Dangerous Chemicals. The recast elements include updated references to other EU legislation, including to the European Regulation on classification, labelling and packaging of substances and mixtures (the ‘CLP Regulation’), alignment of definitions with those in the CLP Regulation, and setting out the role of the European Chemicals Agency in the Regulation’s implementation and the limited circumstances in which certain exports may go ahead without explicit consent from the authorities in the importing country. The Regulation will act directly in member states, and, as such, does not require transposition. However, new domestic legislation provides for continued enforcement powers for UK authorities and the appointment of the designated national authorities once the Regulation starts to apply. Lead Department HSE contact

HSE SCS Lead – Kären Clayton Policy Lead – Robin Foster, Long Latency Health Risks Division, 020 7227 3814, robin.foster@hse.gsi.gov.ukSCS Lawyer – Peter Loosley

ENERGY DOSSIER: Directive on safety of offshore oil and gas drilling operations (2013/30/EU) Current status (UNCHANGED FROM LAST BOARD UPDATE): This Directive was published on 28 June 2013 and requires transposition by 19 July 2015. The Department for Energy and Climate Change (DECC) and HSE are working together to transpose the Directive. Lead Department HSE contact

DECC HSE SCS Lead – Peter Brown HSE Policy Lead – Jim Neilson, Major Hazards Policy Division, 0151 951 4434, jim.neilson@hse.gsi.gov.ukHSE SCS Lawyer – Peter Loosley

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