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Annex 1: Regulations that have been introduced between September 2006 and October 2007

The cut-off date for the administrative burdens measurement exercise was May 2005. All new or amended legislation that came into force after this date was not included in the exercise. HSE’s legislative programme is not large, however some regulatory changes have come into force since May 2005 that have an impact on HSE’s total baseline of administrative costs to dutyholders.

The following table outlines these changes and estimates the cost impact they will have:

New/amended regulations and In force date

Source of legislation

Summary description

Estimated administrative burden increase/ decrease

Silica Occupational Exposure Limit

In force:
1 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

Approx £88,000 per year additional administrative costs

Control of Asbestos Regulations 

In force:
13 November 2006

European

Implementing into UK law the requirements from the Protection of Workers from Asbestos, and with respect to asbestos, the Chemical Agents Directive, the Carcinogens Directive and the Marketing and Use of Dangerous Substances Directive

Regulations replace and modify three previous sets of regulations on asbestos. The new regulations now include, inter alia, the introduction of a new control limit for all types of asbestos.

Decrease

£290,000 per year reduction in administrative costs

Work at Height (Amendment) Regulations

In force:
6 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 cost change

Construction (Design and Management) Regulations

In force:
06 April 2007

European

Implementing the Temporary or Mobile Construction Sites (TMCS) Directive.

Regulations replace and modify previous regulations on construction, which implemented the TMCS Directive. The new regulations have been revised following industry concerns that they were over-complex and bureaucratic.

No change to ABME cost estimate.

Decrease in costs to businesses of £106 - £226million per year

Biocidal Products (Amendment)  Regulations

In force:
06 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:
1 October 2007

Domestic

But 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.

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:
1 October 2007

European

Implementation of 2nd Indicative Occupational Exposure Limit Values Directive into UK legislation.

Establishment of workplace exposure limits for 33 substances.

No administrative cost change.