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Statement of forthcoming regulations in 2008

Introduction

The Health and Safety Executive (HSE) is committed to helping business and other stakeholders adapt to changes in occupational health and safety law and practice.  In February 2005, HSE decided to implement changes that arise from within the UK on only two dates each year.  We have extended this to legislation arising from Europe, wherever it is in our control to do so. This statement lists the regulations that commence during 2008. We will update it every six months, covering a rolling 12-month period.

The two ‘Common Commencement Dates’ are:

By harmonising commencement dates we hope that those affected (ie businesses, employee representatives and individuals) will be more aware of forthcoming changes and better able to plan for and implement new measures effectively.  

The dates provided in this statement are correct at the time of publication. However, commencement dates could change following consultation with stakeholders or consideration by the Health and Safety Commission and Ministers.

This statement details changes to occupational health and safety law and practice that are due to commence over the next twelve months.  It has four sections:  

 

Section A - Changes due to commence on 6 April 2008

Control of Noise at Work Regulations 2005

These regulations generally came into force in 2006 to implement the Physical Agents (Noise) Directive (2003/10/EC) which tightened the legal requirements in relation to noise by lowering the exposure action values. They will apply to exposure to noise at work in the music and entertainment sectors from 6 April 2008 and practical guidelines, developed by industry and HSE, will be available by this date.

Health and Safety (Miscellaneous Amendments and Revocations) Regulations

These regulations are intended to correct issues that have arisen since the new regulations on the manufacture and storage of explosives came into force, as well as taking the opportunity to reduce the administrative burden resulting from explosives legislation by extending the maximum periods of validity of explosives certificates and storage licences. They will also revoke redundant and outdated local mining regulations and correct an omission in the Control of Noise at Work regulations.

Section B – Changes due to commence on 1 October 2008

The 2nd Adaptation to Technical Progress (ATP) to the Dangerous Preparations Directive (DPD).

The 2nd ATP was due to enter into legal effect in EU Member States on 1 March 2007. For technical reasons we were unable to meet this deadline, but we have been seeking to overcome the difficulties and will implement as soon as possible.

Section C – Sectoral Regulations

Nil.

Section D – Regulations arising from Europe where it has not been possible to align with either of the common commencement dates

Globally Harmonised System of Classification & Labelling of Chemicals

he European Commission seeks to implement the United Nations Globally Harmonised System for the Classification and Labelling of Chemicals (GHS) in the EU by means of a draft Regulation. The GHS aims to provide world-wide harmonised criteria for classifying substances and mixtures according to their health, environmental and physical hazards; and world-wide harmonised hazard communication elements, including requirements for labelling and data safety sheets. This will be a direct acting EU regulation which, once adopted, will apply in member states.

HSE Consultations

Notes

  1. The harmonisation of the commencement dates of legislation stems from a recommendation in the Better Regulation Task Force report ‘Employment Regulation: Striking a balance’, published in 2002. The Task Force reported that a common complaint by employers was that changes to employment policy seemed to happen in an uncoordinated fashion. It proposed common commencement dates for employment policy.
  2. Following a DTI pilot for employment legislation during 2004 and formal consultation with businesses, the Government undertook to extend common commencement dates to further areas of regulation during 2005 and 2006. HSE was among the first to adopt this approach.

We advertise new and amended legislation so that you can keep up to date with the changes that affect your industry and working environments. Look out for these in the following areas: