Health Safety and Environmental Legislation A Pocket Guide

Health, Safety and Environment Legislation A Pocket Guide

Health, Safety and Environment Legislation A Pocket Guide

R. Day, BPharm, MPhil, LLB, MRPharmS, Barrister AEGIS Enuironmental and Sqfety Services Ltd, Dartford E. Rowland, MA, LLM, Barrister Edward Rowland Consulting

Coordinating Editor ,J.A. Reader, BSc, PhD, CChem, FRSC, FRSA AEGIS Environmental cxnd Safety Services Ltd, Dartford

RSaC advancing the chemical sciences

ISBN 0-85401-497-3 A catalogue record for this book is available from the British Library 0 The Royal Society of Chemistry 2003

A11 righh re.wved. Apurt fm any Jkir dedingjbr lhe pu7pose of reseamh or priwrle sfudy,or criticism ur review su. perndld u7uiUr lhe lpnnr of & UK Copy@, Designs and P&&s A d , 1988,this publicdion may not be reproduced, stored m lransndled, in any fmn m by any wars, uihv.d the jnimpennkim in writing of lhe RDyal Society of ClretniSlly, m in the case of wpmgraphic wprodwtion d y in mcordume with the t m s of fhe licences kmed by dw Copy@ l k m i n g Agency in the UK,or in accordume with lhe terms of dw &mes i w d by tlw approprinte ReprwaWlliors Rights Organizudion oulsidp llre UK.Enquhies c m m i n g i-epoflwtliorsoutsih lhe lermr slated here s h d d be sml lo The Royal Socity of C h i s h y nb lhe &re.ss pint& m has pup.

Published by The Royal Society of Chemhtry, ‘llomaq Graham House, Science Pdrk, Milton Road, Cambridge CB4 OWF, UK Registered Charity Number 407890 For further information see our web site at www.rsc.org

‘Typeset hy Land & Unwin, Bughrnoke, Northamptonshire, UK Printed by TJ International, Padstow, Cornwall

Preface ‘Ignorance of the law excuses no man’ John Selderi, legal antiquarian and politician, (1584-1654) During the last decade, following the publication of the Government’s White Paper, ‘This Common Inheritance’ in 1990, concern for the environment has continued to grow. Moreover, reorganisation of the Government’s management of the environment with the establishirient of the Environment Agency has been associated with a proliferation o f environmental legislation. For those in business, employers and employees, it is always difficult to decide on the best ways to remain well informed on environmental legal requirements and individual responsibilities. Since ignorance of the law is no defence, familiarity with the law throughout the organisation must be encouraged. A Pocket Guide to Environmental Law’ was first published in 1993 to provide compact, up to date, information in a readily accessible and easily manageable form - a ‘first port of call’ for environmental law. It was easily carried to provide immediate information out on site and could be used as a primary reference document in the oflice.

Long before care for the environment was a popular topic, concern for the health and safety of industrial workers was well established. Redgrave’s fixtoria Acts‘ was first published more than 120 years ago. The legal framework for health and safety legislation is more established than that for environmental legislation; the major piece of legislation, for the former, being the Health and Safety at Work etc. Act 1974, and from 1974 nuineroiis regulations have been made under the Act to keep the law up to date. In the last few years, health and safety nianageinent and environmental management have shared more arid more common ground; accordingly, follo~~irig the success of the Pocket Guide to Enmironmental I m u , last published in October 1997, the environmental law text provided by Edward Rowland has now been rewritten and updated by Rob Day who has also written a new section on Health & Safety Law, the vast majority of which concerns the Kegulatioris made under the Health and Safety at

vi

Preface

Work etc. Act 1974. The two closely related sections on Health & Safety and Environment are presented together in this single volume. T h e enlarged guide is still intended to be an easily carried preliminary reference document which is supplementary to larger and more detailed volumes and CDs on Health & Safety and Environmental Law. T h e guide is not intended to give legal advice and readers should seek professional aid when dealing with specific situations. For the Guide to retain a conveniently srnall size, it contains the most relevant Acts and Regulations omitting certain specific areas of limited application, for example, Health and Safety of Offshore Installations. Each of the 98 subsections is divided into 12 parts for easy access to information:

1. 2. 3. 4. 5. 6.

7.

The relevant Acts and/or Regulations. Key dates related to that legislation. T h e purpose of the legislation. ‘The methods by which that purpose is to be achieved. T h e relevant regulatory authorities. What arid whom the legislation covers. T h e requirements of employers/employees to meet the legislation. What needs to be disclosed. Any cornplenientary legislation. Related EC legislation. Comments. Related documentation.

8. 9. 10. 11. 12. The readers attention is drawn to the most recent additions; namely, information on CHIP 3, July 2002 (Seclion 3.4), Genetically Modified Organisms, October 2002 (Section 9. l), Control of Asbestos at Work, November 2002 (Section 3.2), COSHH, November 2002 (Section 3.6) and Control of Lead at Work, November 2002 (Section 3.8). All the material is current as of 21 November, 2002.

Preface

vii

Finally, it pays to be proactive and not to be forever fighting a rearguard action. The relevant regulatory authorities, in my experience, have been understanding and helpful in discussing difficulties that may arise in the management of Health 8c Safety and Erivironrriental topics. They have knowledge, from a wide assortment of operations, which should never be ignored. We would like to thank Mrs Janet Freshwater CChern MRSC, Commissioning Editor, and her colleagues at T h e Royal Society of Chemistry, for their help and support in the publication of this guide. J.A. Reader

1. E. Kowland, Pocket Guide to En7)zronm~ntalIAUJ, 1st edition, 1993, ILX Publishing.

2. Redgrahe’s Factories Acts has undergone several changes over the years and is now available as Redgrave’s Health and Safety, 4th edition, 2002, Butterworth & Co. The editor would appreciate any suggestions for additions or deletions and corrigenda for a further edition.

Contents A HEALTH AND SAFETY 1

GENERAL

3

1.1

General Framework Health and Safety at Work etc. Act 1974

3

1.2

General Management Framework Management of Health and Safety at Work Regulations 1999 (SI 1999 No. 3242)

7

1.3

Enforcement Health and Safety (Enforcing Authority) Regulations 1998 (SI 1998 No. 494)

11

1.4

Insurance Employers’ Liability (Compulsory Insurance) Act 1969 Employers’ Liability (Compulsory Insurance) Regulations 1998 (SI 1998 No. 2573)

13

2 2.1

EXTERNAL NOTIFICATIONS Accident Reporting Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (SI 1995 No. 3163) (RIDDOK)

15

15

2.2

Emergency Services Notifications Dangerous Substances (Notification and Marking of Sites) Regulations 1990 (ST 1990 No. 304)

18

2.3

Enforcement Environtnent and Safety Information Act 1988

21

2.4

Fire Certificates Fire Precautions Act 197 1 as amended by the Fire Safety and Safety of Places of Sport Act 1987 Hazardous Substances Notification Notification of Installations Handling Hazardous Substances Regulations 1982 (S1 1982 No. 1357)

23

2.5

26

Con tPnt.5 2.6

2.7

Notifications of Presence of Hazardous Substances/ Planning Planning (Hazardous Substances) Act 1990 Planning (Hazardous Substances) Regulations 1992 (SI 1992 No. 656) Planning (Control of Major Accident Hazards) Regulations 1999 (SI 1999 No. 981) Petroleum Petroleurn (Consolidation) Act 1928

ix 29

32

2.8

Prevention of Major Accidents Control of Major Accident Hazards Regulations 1999 (SI 1999 No. 743) (COMAH)

34

2.9

Radiation - Emergency Provisions Radiation (Emergency Preparedness and Public Information) Regulations 2001 (SI 2001 No. 2975)

38

2.10

41 Radioactive Substances Control Radioactive Substances Act 1993 Radioactive Substances (Clocks arid Watches) (England and Wales) Regulations 2001 (SI 2001 No. 4005)

3 SUBSTANCES 3.1 Asbestos - Licensing Asbestos (Licensing) Regulations 1983 (SI 1983 No. 1649) Asbestos (Licensing) (Amendment) Regulations 1998 (SI 1998 No. 3233)

3.2

3.3 3.4

44

44

47 Asbestos - Work Control of Asbestos at Work Kegulatioris 2002 (SI 2002 No. 2675) 52 Biocidal Products Biocidal Products Regulatioris 2001(SI 2001 No. 880) 55 Classification, Packaging and Labelling Chemicals (Hazard Irifoi-rriatioriarid Packaging for Supply) Regulations 2002 (SI 2002 No. 1689) (CHIP 3)

Contents

X

3.5

Dangerous Goods Carriage Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996 (SI 1996 No. 2092)

60

3.6

Hazardous Substances Control of Substances Hazardous to Health Kegulations 2002 (SI 2002 No. 2677) (COSHH)

63

3.7

Highly Flammable Liquids and Liquefied Petroleum Gases Highly Flarnniable Liquids arid Liquefied Petroleum Gases Regulations 1972 (SI 1972 No. 917) (HFL and L PG)

68

3.8

Lead Control of Lead at Work Regulations 2002 (SI 2002 No. 26’76)

70

3.9

New Substances Notification of New Substances Regulations 1993 (SI 1993 No. 3050) Notification of New Substances (Amendment) Regulations 2002 (SI 2002 No. 2176)

74

3.10

Radioactive Substances Ionising Radiations Regulations 1999 (SI 1999 No. 3232)

78

3.11

Safety Advisers ‘lransport of Dangerous Goods (Safety Advisers) Regulations 1999 (SI 1999 No. 257)

83

4

4.1

PLANT AND EQUIPMENT Batteries and Accumulators Batteries and Accumulators (Containing Dangerous Substances) Regulations 1994 (SI 1994 No. 232) Batteries and Accumulators (Containing Dangerous Substances) Amendment Regulations 2000 (SI 2000 No. 3097) and 2001 (S1 2001 No. 2551)

86 86

Contents

xi

4.2

Cooling Towers and Evaporative Condensers Notification of Cooling Towers and Evaporative Condenser Regulations 1992 (SI 1992 No. 2225)

89

4.3

Display Screen Equipment Health and Safety (Display Screen Equipment) Regulations 1992 (SI 1992 No. 2792) (DSE Regulations) Electricity Electricity at Work Regulations 1989 (SI 1989 No. 635) Explosive Atmospheres Equipment arid Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 1996 (SI 1996 No. 192) Equipment and Protective Systems Intended for Use in Potentially Explosive Atrnospheres (Amendment) Regulations 2001 (SI 2001 No. 3766) Lifting - Mechanical Lifting Operations and Lifting Equipment Regulations 1998 (SI 1998 No. 2307) (LOLER) Personal Protective Equipment - Head Protection Construction (Head Protection) Regulations 1989 (SI 1989 No. 2209)

92

4.4 4.5

4.6

4.7

95 97

100

103

4.8

Personal Protective Equipment - Work Personal Protective Equipment at Work Kegulations 1992 (SI 1992 No. 2966) (PPE Regulations)

105

4.9

Pressure Systems Pressure Systems Safety Regulations 2000 (SI 2000 No. 128)

108

4.10

Transportable Pressure Vessels ‘lransportable Pressure Vessels Regulations 200 1 (SI 2001 No. 1426)

111

4.11

Work Equipment Provision and Use of Work Equipment Regulations 1998 (SI 1998 No. 2306) (PUWER)

115

Contents

xii

5 PREMISES 119 119 5.1 Construction Construction (Design and Management) Regulations 1994 (SI 1994 No. 3140) (CONDAM) Construction (Design and Management) (Amendment) Regulations 2000 (SI 2000 No. 2380) 5.2

Construction Premises 122 Construction (Health, Safety and Welfare) Regulations 1996 (SI 1996 No. 1592)

5.3

Safety Signs and Signals Health and Safety (Safety Signs and Signals) Regulations 1996 (SI 1996 No. 341)

125

5.4

Workplace Workplace (Health, Safety and Welfare) Regulations 1992 (SI 1992 No. 3004) (Workplace Regulations)

127

6

6.1 6.2

EMPLOYEES

131

Confined Spaces 131 Confined Spaces Regulations 1997 (SI 1997 No. 1713) 134 Employee Consultation - with Employees Health arid Safety (Consultation with Employees) Regulations 1996 (SI 1996 No. 1513)

6.3

Employee Consultation - Information for Employees 137 Health arid Safety Information For Employees Regulations 1989 (SI 1989 No. 682) Health and Safety Information For Employees (Modifications and Repeals) Regulations 199.5 (S1 1995 No. 2923)

6.4

First Aid Health and Safety (First Aid) Regulations 1981 (SI 1981 No. 917)

139

6.5

Genetically Modified Organisms Genetically Modified Organisms (Contained Use) Kegulations 2000 (SI 2000 No. 2831)

141

Contents

xiii

6.6

Manual Handling Manual Handling Operations Regulations 1992 (S1 1992 No. 2793)

145

6.7

Noise Noise at Work Regulations 1989 (SI 1989 No. 1790)

148

6.8

Pregnant Women 151 Management of Health and Safety at Work Regulations 1999 (SI 1999 No. 3242) Regulations 16, 17 and 18 Whistle-blowers 153 Public Interest Disclosure Act 1998 Public Interest Disclosure (Compensation) Regulations 1999 (Sl 1999 No. 1548) Public Inlerest Disclosure (Prescribed Persons) Order 1999 (SI 1999 No. 1549)

6.9

6.10

Working Time 156 Working ‘Iinie Regulations 1998 (SI 1998 No. 1833) as amended by the Working Time Regulations 1999 (SI 1999 No. 3372)

6.11

Young Persons 159 Management of Health and Safety at Work Regulations 1999 (SI 1999 No. 3242) Regulation 19 B ENVIRONMENT

7 INTEGRATED POLLUTION CONTROL 163 7.1 Integrated Pollution Prevention and Control (IPPC) and Local Air Pollution Prevention and Control (LAPPC) 163 Pollution Prevention and Control Act 1999 Pollution Prevention and Control (England and Wales) Regulations 2000 (SI 2000 No. 1973) (PPCR) Pollution Prevention and Control (Scotland) Regulations 2000 (SSI 2000 No. 323) Pollution Prevention and Control (England arid Wales) (Amendment) Kegulations 2001 (SI 2001 No. 503) Pollution Prevention arid Control (England and Wales)

xiv

ContPnts (Amendment) Regulations 2002 (SI 2002 No. 275) and Amendment No. 2, 2002 (SI 2002 No. 2197)

7.2

PPCR Regulated Installations 169 Pollution Prevention and Control (England and Wales) Regulations 2000 (SI 2000 No. 1973) Pollution Prevention and Control (Scotland) Regulations 2000 (SSI 2000 No. 323)

AIR POLLUTION 173 Air Quality Standards 173 Air Quality Standards Regulations 1989 (S1 1989 No. 3 17) Air Quality Standards (Amendment) Regulations 1995 (SI I995 No. 3146) Air Quality Limit Values Regulations 2001 (SI 2001 No. 2315) iGr Quality Limit Values (Scotland) Regulations 200 1 (SSI 2001 No. 224) Air Quality Limit Values (Wales) Regulations 200 1 (S1 2001 No. 2683) 176 Air Quality Standards and Objectives 8.2 Environment Act 1995 Part IV Air Quality (England) Regulations 2000 (SI 2000 No. 928) Air Quality (Wales) Kegulations 2000 (SI 2000 No. 1940) A I Quality ~ (Scotland) Regulations 2000 (SSI 2000 No. 97) Asbestos 179 8.3 Control of Asbestos in the Air Regulations 1990 (SI 1990 No. 556) Clean Air 181 8.4 Clean Air Act 1993 Dark Smoke (Permitted Periods) Regulations 1958 (S1 1958 No. 498) Clean Air (Arrestment Plant) (Exemption) Regulations 1969 (SI 1969 No. 1262)

8

8.1

Contents

xv

Clean Air (Height of Chimneys) (Exemption) Regulations 1969 (SI 1969 No. 41 1) Clean Air (Emission of Grit and Dust from Furnaces) Regulations 1971 (SI 1971 No. 162) 8.5

Climate Change Levy 185 Finance Act 2000 s 30 and Schedule 6 Climate Change Levy (Registration and Miscellaneous Provisions) Regulations 2001 (SI 2001 No. 7) Climate Change Levy (Combined Heat and Power Stations) Exemption Certificate Regulations 200 1 (SI 2001 No. 486) Climate Change Levy (General) Regulalions 200 1 (SI 2001 No. 838) Climate Change L,evy (General) (Amendment) Regulations 2002 (SI 2002 No. 1152)

8.6

Ozone-depleting Substances EC Kegulation on Substances that deplete the Ozone Layer (2037/2000/lX) ( k X Regulation) EC Regulation on substances that deplete the ozone layer, as regards metered dose inhalers and medical drug pumps (20S8/’LOOO/EC) EC Regulation on substances that deplete the ozone layer, as regards the base year for the allocation of quotas of hydrochlorofluorocarbons (2039/2000/E