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Annex 1: Administrative burdens of regulations introduced since May 2005

The ABME measured the cost of all health and safety legislation in force up to May 2005. The table below provides details of all new or amending legislation introduced since this date, including the estimated administrative cost that has been added or removed from HSE’s baseline. These costs have been refined from earlier estimates in previous Simplification Plans.

New / amending regulations and date in force Source of legislation Summary Estimated administrative burden increase (gross)

Control of Major Accident Hazards (Amendment) Regulations

In force: June 2005

European

Implementation of a new EU Directive on the control of major accident hazards involving dangerous substances

Amendments to change the lists of named dangerous substances or generic categories of substances that are used to determine whether the regulations apply and to what extent. Amended regulations also broaden the application of COMAH at mines, quarries, boreholes and waste landfill sites, and clarify some requirements in the original regulations.

Increase of £1.79 million per year.

Control of Vibration at Work Regulations

In force: July 2005

European

Implementing the Physical Agents (Vibration) Directive

Regulations impose duties on employers to protect employees who may be exposed to vibration at work, and other persons who might be affected by the work, whether they are at work or not.

Increase of £11.75 million per year.

Chemicals (Hazard Information and Packaging for Supply) (Amendment) Regulations

In force: October 2005

European

Implementing the changes set out in the 29th Adaptation to Technical Progress to the Dangerous Substances Directive.

Regulations bring into UK law all the new entries, revisions, deletions and amendments to the classification and labelling requirements of hazardous substances.

No administrative cost change.

Nuclear Reactors Decommissioning (Amendment) Regulations

In force: April 2006

European

Implementing changes made by Directive 2003/35/EC to the Environmental Impact Assessment for Decommissioning Parent Directive.

Amendments will take a more proportionate and flexible approach to the approval of changes to decommissioning projects.

No administrative cost change.

Management of Health and Safety at Work (Amendment) Regulations

In force: April 2006

Domestic

Amendment to extend third party liability protection to employees that already applies to employers

No administrative cost change.

Control of Noise Regulations

In force: April 2006,

and April 2008 for the music and entertainment industry

European

Implementing the Physical Agents (Noise) Directive

Regulations tightening the legal requirement in relation to noise by lowering the exposure action levels.

Increase of £7.9 million per year.

Silica Occupational Exposure Limit

In force: October 2006

Domestic

Proposal to lower the exposure limit for crystalline Silica. The change would be implemented through an amendment to the COSHH Regulations.

Increase of £160,000 per year

Work at Height (Amendment) Regulations

In force: April 2007

European

Implementing the Work Equipment Directive

This amendment broadens the scope of the regulations to work concerning the provision of instruction or leadership to one or more person regarding caving or climbing by way of sport, recreation, team building or similar activities.

No administrative change.

Biocidal Products (Amendment) Regulations

In force: April 2007

European

Implementing parts of the Biocidal Products Directive making adjustments to the parent regulations as requested by three EC review regulations.

Regulations designate Rapporteur Member States for the 3rd and 4th lists of active substances to be reviewed; and implement Article 26 (Advertising) of the Biocidal Products Directive.

No administrative cost change.

Coal Mines (Inhalable Dust) Regulations

In force: October 2007

Domestic

Also takes into account the Chemical Agents Directive and maintains implementation of the Extractive Industries (Mines and Quarries) Directive

Regulations to control the level of respirable dust in coal mines. They replace previous regulations on respirable dust in coal mines.

No administrative cost change.

All the changes are currently required by the Control of Substances Hazardous to Health Regulations (COSHH), so there is no new burden.

Workplace Exposure Limits

In force: October 2007

European

Implements the 2nd Indicative Occupational Exposure Limit Values Directive into UK legislation.

Establishment of workplace exposure limits for 33 substances.

No administrative cost change.

Chemicals (Hazard Information and Packaging for Supply) (Amendment) Regulations

In force: October 2008

European

Implementing the 2nd Adaptation to Technical Progress to the Dangerous Preparations Directive

The amending regulations will, inter alia, adjust the rules and procedures for classifying and labelling a chemical preparation containing certain substances.

No administrative cost change.

Regulation on the classification, labelling and packaging of substances and mixtures (Regulation (EC) No. 1272/2008)

In force: January 2009

European

Implements the UN's Globally Harmonized System of Classification and Labelling of Chemicals (GHS).

The aim of the GHS is to have, worldwide, the same criteria for classifying chemicals according to their health, environmental and physical hazards; and hazard communication requirements for labelling and safety data sheets.

No administrative cost change.

Chemical (Hazard Information and Packaging for Supply) Regulations - to be known as CHIP 4

In force: April 2009

European

Implementing the European Regulation on the Classification, Labelling and Packaging of Substances and Mixtures, known as the CLP Regulation

The amendments allowed CHIP to be aligned with the transitional period of the CLP Regulation and to ensure that the provisions of the CLP Regulation could be enforced in Great Britain, both throughout the transitional period and beyond.


No administrative cost change.

The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) (Variation) Order

In force: August 2009


Domestic

This variation to the Order enables HSE to fill two legislative gaps by making provisions for: the use of offshore installations for other purposes than initially intended and the construction of wind farms and related structures beyond our territorial seas.  This action will allow HSE to have the jurisdiction to enforce standards, investigate incidents and administer justice in these areas.

No administrative cost change.

1st 'adaptation to technical progress' (ATP) of the EU Classification, Labelling and Packaging of substances and mixtures (CLP) Regulation.

In force: September 2009

European

Implementing the European Regulation on the Classification, Labelling and Packaging of Substances and Mixtures, known as the CLP Regulation

Makes sure that chemicals supplied in Europe are labelled consistently with international standards, so helping businesses to maximise the benefits of free trade and to better protect human health and the environment.

No administrative cost change.

Updated 2009-07-12