Winter is all but over (fingers crossed) and as the perennial problems of gritting and snow clearing melt away (literally), now is a good time to issue a reminder of some important changes that are happening in the world of health and safety this Spring.
When I say Spring, I mean April, and by April I mean more specifically April 6.
The first important change that’s happening concerns the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995. From this date onwards, the trigger point for reporting accidents will increase from over three days to over seven days incapacitation (not including the day of the accident).
This means that if a worker is absent or is unable to do work that they would normally be expected to do for more than seven days, it will be reportable.
Even though accidents which result in over three days of incapacitation will no longer be reportable, it will be a legal requirement for dutyholders to keep a record of such incidents.
Another change to these regulations sees the deadline by which the over seven day injury must be reported, increasing to 15 days from the day of the accident.
The second important change is that the Control of Asbestos Regulations 2012 come into force on April 6. The new regulations comply with a European Commission ruling that the UK hasn’t fully implemented a directive concerning the protection of workers from asbestos.
In the EC’s view, the omission of two terms in the existing regulations has the effect of allowing too many types of “low risk” work to be exempt from requirements concerning notification, medical examinations and record keeping.
The effect of complying with the EC’s view will be to create a new category of work – ‘Notifiable Non-licensed Work’.
This will require certain types of work on asbestos containing materials to be notified to HSE before it begins, that medical examinations of those undertaking the work are carried out every three years, and that records of work exposures are kept by the employer. There will effectively be three categories of work with asbestos:
a) Licensed – to which all requirements apply, and for which there is no change;
b) Non-licensed – which is exempt, as now, from the requirements to:
-notify work with asbestos to the relevant enforcing authority;
-carry out medical examinations;
-maintain registers of work (health records);
-hold a licence;
-have arrangements to deal with accidents, incidents and emergencies; and
-designate asbestos areas;
c) A new category of ‘Notifiable Non-Licensed Work’ (NNLW), which will be exempt from the requirements to:
-hold a licence;
-have arrangements to deal with accidents, incidents and emergencies; and
-designate asbestos areas.
However, employers in this new category will be required to:
-notify work with asbestos to the relevant enforcing authority;
-carry out medical examinations; and
-maintain registers of work (health records).
The HSE is due to publish new guidance to clarify these matters, and there is a planned three year transition period before the measures concerning medical examinations take effect.
As if all of the above wasn’t enough for one day, April 6 will also see the introduction of the HSE’s Fee for Intervention (FFI) Scheme. The HSE are set to charge £124 for an hour of work where they identify a “material breach” during an inspection.
The HSE has yet to publish detailed guidance, but it is currently understood that a “material breach” is where an inspector feels the need to make a formal intervention through a letter, instant visit report, e-mail or notice where there are deemed to be significant failings. It is at this point that the fee for intervention will be triggered.
So, like buses, three important changes are coming along at once.
[Since this was published it has been announced that the Fee for Intervention Scheme has been delayed. Click here for further details.]
Santia’s Reportline service (approved by the Department for Work and Pensions) acts as an electronic accident book which will automatically make RIDDOR reports when appropriate, and assist in accident investigation.
Santia provides a range of asbestos management services to ensure that you comply with regulations. These can be delivered as a complete asbestos risk management solution or a tailored package of services to meet your specific requirements.
From comprehensive health and safety audits to policy creation and development, Santia will work with you to develop a complete health & safety consultancy programme that tackles your needs. Further details on all of our services can be found here.