Health & Safety Legislation Timetable
RIDDOR changes for October 2013
From 1 October 2013 changes will be introduced to the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) that will simplify the mandatory reporting of workplace injuries for businesses, while ensuring that the data collected gives an accurate and useful picture of workplace incidents.
What is changing?
The main changes are to simplify the reporting requirements in the following areas:
• The classification of ‘major injuries’ to workers is being replaced with a shorter list of ‘specified injuries’.
• The existing schedule detailing 47 types of industrial disease is being replaced with eight categories of reportable work-related illness.
• Fewer types of ‘dangerous occurrence’ will require reporting.
There are no significant changes to the reporting requirements for:
• Fatal accidents.
• Accidents to non-workers (members of the public).
• Accidents which result in the incapacitation of a worker for more than seven days.
First aid guidance published ahead of regulation changes
The Health and Safety Executive (HSE) has published guidance to help businesses put in place appropriate arrangements for the provision of first aid.
From 1 October 2013, the Health and Safety (First Aid) Regulations 1981 will be amended, to remove the requirement for HSE to approve first aid training and qualifications.
The changes are part of HSE's work to make it easier for businesses and other users to understand how to comply with health and safety law, whilst maintaining standards.
Andy McGrory, HSE's policy lead for First Aid, said: "From October, HSE will no longer approve first-aid training and qualifications. The guidance documents clarify what the law requires and provide practical help to businesses in assessing and understanding their first aid needs. Where a first aider is required, the guidance documents make it clear that the employer is free to select a training provider who is best suited to those needs".
"We have taken onboard comments and suggestions that we have received through our public consultations on the changes and from extended stakeholder discussions and business input to ensure the guidance provides everything an employer will need to manage their first aid requirements."
Advance copies of 'The Health and Safety (First-Aid) Regulations 1981', 'Regulations and Guidance (L74)' and 'Selecting a first-aid training provider (GEIS3)' are now available on the HSE website.
L74 is aimed at all industries and takes account of the amendment to regulation 3(2), which removes the requirement for HSE to approve the training and qualifications of appointed first-aid personnel, and incorporates some additional amendments brought about by other previous legislative changes.
GEIS3 will help employers identify and select a competent training provider to deliver any first-aid training indicated by their first-aid needs assessment. The guidance on selecting a training provider outlines the options available to employers and includes a checklist for evaluating first aid training organisations, covering trainer competence, quality assurance systems and syllabus content. Find a copy of the guidance at: http://www.hse.gov.uk/pubns/geis3.htm
Legislative changes have been approved by the HSE Board and by Parliament.
The legal requirement for employers to ensure they make adequate provision for first aid, in accordance with their first aid needs assessment, will remain unchanged.
Implementation of section 69 of the Enterprise and Regulatory Reform Act 2013
The Enterprise and Regulatory Reform Act 2013 (ERRA) received Royal Assent on 25 April 2013 and will come into force on the 1 October 2013.
Section 69 ERRA fulfils the Government’s commitment in respect of strict duties by amending section 47(2) of the Health and Safety at Work etc Act 1974 (HSWA) with the effect that there will be no right to bring a claim for breach of statutory duty in relation to breaches of health and safety regulations. In future claimants will only be able to bring claims in negligence.
This approach addresses any potential unfairness identified, by ensuring that duty holders, usually an employer, will always have the opportunity to defend themselves on the basis of having taken reasonable steps to avoid, or reduce, the risk of accidents.
Consultation on draft revised Approved Code of Practice (ACOP) Managing and working with asbestos
This consultative document seeks views on HSE's proposed consolidated version of the Approved Code of Practice (L143) - Work with materials containing asbestos Control of Asbestos Regulations 2006 incorporating the Approved Code of Practice (L127) - The management of asbestos in non-domestic premises.
The Approved Code of Practice (ACOP) has been revised in response to independent review of health and safety legislation 'Reclaiming health and safety for all'. The consultation aims to establish if the changes make it easier for employers to understand and meet their legal obligations.
The significant revisions and other changes of note that have been made include:
• Material supporting regulations 2, 3, 9 and 22 revised to reflect changes to the law on notification of certain non licensed work with asbestos and consequent arrangements for segregation of asbestos work areas, medical examinations for employees and keeping health records.
• Material supporting regulation 10 reviewed and updated to help employers understand what they need to do to provide information, instruction and training for employees.
• Revisions made to the Control of Asbestos Regulations to reflect the changes made in 2012.
The revised ACOP has been prepared by HSE in consultation with representatives from across industry.