Recent Legislation

Topic (A-Z)

Legislation Year

A little (incomplete) information to give you a "flavour" of the legislation

Asbestos	The Control Of Asbestos Regulations 2006	These Regulations bring together the three previous sets of Regulations covering: the prohibition of asbestos, the control of asbestos at work and asbestos licensing. Most of the requirements are effectively unchanged. The main changes which are likely to be relevant for controllers of properties are: 1. Asbestos removal work must be carried out by Licensed Asbestos Removal Contractors, except for materials in which the asbestos fibres are firmly linked in a matrix. Such materials include: asbestos cement; textured decorative coatings and paints which contain asbestos; articles of bitumen, plastic, resin or rubber which contain asbestos where their thermal or acoustic properties are incidental to their main purpose (eg vinyl floor tiles, electric cables, roofing felt) and other insulation products which may be used at high temperatures but have no insulation purposes, for example gaskets, washers, ropes and seals. Note: textured decorative coatings ('Artex' etc) and asbestos rope previously had to be removed by Licensed Contractors. 2. The Regulations require mandatory training for anyone liable to be exposed to asbestos fibres at work (see regulation 10). This includes maintenance workers and others who may come into contact with or who may disturb asbestos (eg cable installers) as well as those involved in asbestos removal work. A summary of the new Regulations can be found at: http://213.212.77.20/asbestos/regulations.htm, then link to "asbestos", then "asbestos regulations".
Asbestos	The Control of Asbestos at Work Regulations 2002	The Control of Asbestos at Work Regulations 2002 requires persons in control of the maintenance and repair of non-domestic premises to manage asbestos in those premises. This includes surveying to determine where it is likely to be present, what type it is, its condition, etc, and thereby making a ‘Material Assessment’. This must all be done in compliance with the HSE guidance published in MDHS 100 and, where samples are taken, be carried out by a qualified and experienced person who has passed the P402 ‘Asbestos Surveying and Sampling’ course. It should be noted that: a domestic premise is “a private dwelling in which a person lives”. Legal precedents have confirmed that common areas within block of flats are not part of a private dwelling and therefore are subject to legislation (see L127 The management of asbestos in non-domestic properties ISBN 071 762 3823).
CDM Construction (Design & Management)	New CDM Regulations will now be implemented in Spring 2007 combining CDM and CHSW	The Health and Safety Executive (HSE) announced the revised Construction (Design and Management) (CDM) Regulations would be implemented in Spring 2007. The Regulations will revise and bring together provisions in the existing CDM Regulations 1994 and the Construction (Health Safety and Welfare) (CHSW) Regulations 1996 into a single regulatory package.
Confined Spaces	Confined Spaces Regulations 1997 and The Management of Health and Safety at Work Regulations 1999	Under domestic law (the Health and Safety at Work etc Act 1974) employers are responsible for ensuring the safety of their employees and others. This responsibility is reinforced by regulations. The Confined Spaces Regulations 1997 Apply where the assessment identifies risks of serious injury from work in confined spaces. avoid entry to confined spaces, e.g. by doing the work from the outside; if entry to a confined space is unavoidable, follow a safe system of work; and put in place adequate emergency arrangements before the work start The Management of Health and Safety at Work Regulations 1999 Require employers and self-employed people to carry out a suitable and sufficient assessment of the risks for all work activities for the purpose of deciding what measures are necessary for safety. For work in confined spaces this means identifying the hazards present, assessing the risks and determining what precautions to take.
COSHH	The Control of Substances Hazardous to Health Regulations (COSHH) 2002	COSHH was originally introduced in October 1989 and has been updated on a number of occasions since then. It provides a comprehensive and systematic approach to the control of hazardous substances at work, where risks to health and the costs of failure are often substantial in both human and economic terms. The Regulations require employers to: (a) assess risks to health arising from exposure to hazardous substances; (b) prevent or adequately control exposure; (c) ensure that control measures are used, maintained, examined and tested; (d) in some circumstances monitor exposure and carry out appropriate health surveillance; (e) inform, instruct and train employees.
Dangerous Substances and Explosive Atmospheres	Approved Codes of Practice to support the Dangerous Substances and Explosive Atmospheres Regulations 2002, were released in 2003	The HSE has published five approved codes of practice (ACOPs) supporting the Dangerous Substances and Explosive Atmospheres Regulations 2002 (DSEAR). The ACOPs are intended to help employers eliminate or reduce fire and explosion risks from dangerous substances. The subjects covered are: design of plant, equipment and workplaces; storage of dangerous substances; control and mitigation measures; and safe maintenance, repair and cleaning procedures. further practical guidance Copies of Dangerous Substances and Explosive Atmospheres Regulations 2002, Approved Code of Practice and guidance, L138, are available from HSE Books, ISBN 0 7176 2203 7, price £15.50 PO Box 1999, Sudbury, Suffolk, CO10 2WA, tel: 01787-881165 or fax: 01787-313995. Priced publications are also available from good booksellers.
DDA (Disability Discrimination Act)	The Disability Discrimination Act (DDA) was passed in 1995. Other parts have been introduced since. Key years are: 1996, 1999 and 2004	For service providers (e.g. businesses and organisations): since December 1996 it has been unlawful to treat disabled people less favourably than other people for a reason related to their disability since October 1999 they have had to make reasonable adjustments for disabled people, such as providing extra help or making changes to the way they provide their services; since October 2004 they have had to make reasonable adjustments to the physical features of their premises to overcome physical barriers to access.
DSE (Display Screen Equipment)	Health and Safety (Display Screen Equipment) Regulations 1992	The objective of the Regulations is to minimise the risk of occupational ill-health, by ensuring that operators or users have: adequate training and information; proper breaks or changes of activity; work stations suitable for them which meet, where necessary, the standards in the schedule; and eye tests if they request them.
Electricity	Electricity at Work Regulations 1989	This legislation covers, amongst other things, the use of competent persons for installation, maintenance and testing of electrical systems.
Electricity	16th Edition 0f IEE Regulations	Best Practice Guidance from the Institute of Electrical Engineers - 16th edition IEE wiring regulations: inspection, testing and certification
Energy (non domestic)	Energy Performance of Buildings Directive	The UK government launched the Energy Performance of Buildings Directive. The regulations are designed to reduce CO2 emissions of buildings and improve their energy efficiency. From 6 April 2008 for buildings over 10,000m sq From 1 July 2008 for buildings over 2,500m sq From 1 October 2008 for all other buildings over 50m sq. Building owners and Landlords (head lessees) must provide an Energy Performance Certificate to any prospective buyer or tenant when they construct, sell or lease a commercial building. BUT It’s a bit different in Scotland click here to see our EPC page
Fire	Regulatory Reform (Fire Safety) Order 2005 (The Order)	Regulatory Reform (Fire Safety) Order 2005 (The Order): Summary: The Order covers general fire precautions and other fire safety duties which are needed to protect ‘relevant persons’ in case of fire in and around most premises. The Order requires fire precautions to be put in place ‘where necessary’ and to the extent that it is reasonable and practicable in the circumstances of the case. Responsibility for complying with the Order rests with the ‘Responsible Person’. In a workplace, this is the employer and any other person who may have control of any part of the premises, e.g. the occupier or owner. In all other premises the person in control of the premises will be responsible. If there is more than one responsible person (e.g. a multi-occupied complex), they must co-operate and co-ordinate with each other. If you are the responsible person you must carry out a Fire Risk Assessment This will look mainly at fire sources, fire spread, detection, escape and extinguishing.. It should pay particular attention to those at special risk, such as disabled people, those who have special needs, and young persons. It must include consideration of flammable substances likely to be on the premises. Your Fire Risk Assessment will help you identify risks that can be removed or reduced, and decide the nature and extent of the general fire precautions you need to take. There are some other fire safety duties you need to comply with: • You must appoint one or more competent persons to carry out the preventive measures required by the Order (you can nominate yourself for this purpose). • You must provide your employees with clear information on the risks to them, and about the measures you have taken to prevent fires, • You must inform non-employees, such as temporary or contract workers, of the relevant risks to them, and provide them with information about the fire safety procedures for the premises. • You must co-operate and co-ordinate with other persons who have premises in the building, • You must provide contractors etc with clear and relevant information • If you are the landlord of multi-occupied premises, you are also responsible for ensuring that the requirements of the Order are complied with. • You must consider the presence of flammable substances • You must arrange appropriate fire detection and alarms. Emergency services must be provided with any relevant information about flammable or dangerous substances. • You must provide appropriate information, instruction and training to your employees
Glazing	Workplace (Health, Safety & Welfare Regulations 1992	Glazing is covered by this legislation
Height (Working at)	see Working at Height (below)	see Working at Height (below)
Lead	The Control of Lead at Work Regulations 2002	The legislation covers, amongst other things, hazards, the need for risk assessment, exposure limits an special care for children and women of child bearing age.
Legionnaire's Disease	Guidance from 2003 and literature/video	A free HSE leaflet "Legionnaires' Disease". Essential Information for Providers of Residential Accommodation, highlights changes made to the Approved Code of Practice (ACoP) and Guidance 'Legionnaires' disease: the control of legionella bacteria in water systems', (L8) when it was revised in 2000, which removed the 300-litre limit for hot and cold water systems. It is aimed at everyone who may not realise that the ACoP now affects them as well, including Local Authorities; Universities; Housing Associations; Charities; Hostels; private landlords; Managing Agents; Hoteliers; and caravan & campsite owners. In addition, the revised HSE video An introduction to the control of legionella bacteria in water systems, examines the two main risk systems - cooling towers and hot and cold water systems. It explains how the risks from exposure to legionella should be managed and controlled, by risk assessment; treatment and control; monitoring; and cleaning and disinfection; and is accompanied by a series of audit checklists. Copies of Legionnaires' disease. Essential information for providers of residential accommodation, INDG 376 05/03 C1000, are available from HSE Books. Copies of An introduction to the control of legionella bacteria in water systems, video ISBN 07176 2580 X are also available from HSE Books. Copies of Legionnaires' disease: Control of legionella bacteria in water systems: Audit checklists, ISBN 0 7176 2198 7, can be purchased individually. Copies of Legionnaires' disease The Control of legionella bacteria in water systems, ISBN 0 7176 1772 6.
Lifts	Lifting Operations and Lifting Equipment Regulations 1998 and Health and Safety at Work etc. Act 1974	The Lifting Operations and Lifting Equipment Regulations 1998 (LOLER) introduced new requirements for the safe provision and use of lifting equipment. Regulation 9 of LOLER requires that all lifts provided for use in work activities are thoroughly examined by a competent person at regular intervals. This applies to lifts and hoists used to lift people and loads. More general health and safety requirements come under the Health and Safety at Work etc. Act 1974.
LOLER	Lifting Operations and Lifting Equipment Regulations 1998	This legislation covers a very wide range of lifting operations and lifting equipment. See lifts above.
Noise	Noise at Work Regulations 1989 and European Physical Agents (Noise) Directive: stated as due to come into force February 2006. May cover 1,000,000 additional workers!	The regulations are about protecting workers from exposure to noise, which is still a problem in many industries. It is estimated they will extend protection to around one million new workers, in addition to the same number protected under current law. The main changes from the existing regulations are the reduction by 5 decibels (dB) of the exposure levels at which action has to be taken. The new exposure levels will be 80 dB and 85 dB, with a limit of 87 dB on personal noise exposure. This will mean that some employers who already take action to control noise may have to do more. Others who do not have to do anything now may have to start taking action. For most employers, the new regulations will come into force in February 2006.
PPE (Personal Protective Equipment)	Personal Protective Equipment at Work Regulations 1992	PPE is defined under this legislation as "all equipment (including clothing affording protection against the weather) which is intended to be worn or held by a person at work and which protects him against one or more risks to his health and safety" e.g. safety helmets, gloves, eye protection, high visibility clothing, safety footwear and safety harnesses. Hearing protection and respiratory protective equipment provided for most work situations are not covered by this legislation as other legislation applies to them, however they must be compatible with PPE provided under this legislation.
PUWER	Provision and Use of Work Equipment Regulations 1998	This legislation covers everything from toolbox tools to sophisticated equipment such as mobile cranes. Follow this link for a simple introduction to PUWER legislation.
Vibration	The European Physical Agents (Vibration) Directive (Directive 2002/44) came into force in July 2005 Control of Vibration at Work Regulations 2005	New regulations that will help both employers and employees to take preventive action from vibration risks in the workplace come into force on 6 July 2005. The European Physical Agents (Vibration) Directive (Directive 2002/44) deals with the control of diseases caused by vibration at work from equipment, vehicles and machines. Hand Arm Vibration (HAV) is a major cause of occupational ill health and it is estimated two million workers are exposed to levels of vibration where there are clear risks of developing disease. Each year, approximately 3,000 new claims for Industrial Injury Disability Benefit are made in relation to vibration white finger and vibration related carpal tunnel syndrome. There is a transitional period for the exposure limit values up to 2010. This would allow work activities where the use of older tools and machinery cannot keep exposures below the exposure limit value to continue in certain circumstances. The transitional period has been extended to 2014 in the case of whole-body exposures in the agriculture and forestry sectors.
VDU	See DSE (above).	See DSE (above).
Window Cleaning	HSE Guidance produced in 2003.	The HSE published new guidance in 2003 in the form of a series of three free information sheets on safety in window cleaning. The guidance is aimed at window cleaning companies themselves, but will be of relevance to designers, owners and those involved in maintenance of buildings. Window cleaning is a hazardous activity and the risk of falling from heights is one of HSE's current priority programmes. Every year several window cleaners die at work and many more are seriously injured. The three sheets set out what both HSE and the industry agree are reasonable standards of control that comply with current legal requirements. All sheets were prepared jointly by representatives of HSE, local authorities and the National Federation of Master Window and General Cleaners. The new guidance includes: Use of ladders; Use of cradles and mobile elevating work platforms (MEWPS) - 'cherry pickers'; Rope access techniques. Information on the falls from height priority programme is available on the HSE website at http://www.hse.gov.uk/falls
Working at Height	Work at Height Regulations 2005	The Work at Height Regulations come into effect on 6 April. “Some in the construction industry are concerned about what the Regulations mean for standards of work above two metres. These Regulations are aimed at maintaining and improving standards for all work at height. Standards for work above two metres will not change, they are simply being extended to work at any height.” The Work at Height Regulations 2005 – a brief guide is available on the HSE website at: http://www.hse.gov.uk/pubns/indg401.pdf. It will also be available free from HSE Books (see Notes to Editors).