Annex 1: 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 the 2006 and 2007 Plans.

New / amending regulations and date in force	Source of legislation	Summary	Estimated administrative burden increase / decrease
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 RegulationsIn 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) RegulationsIn 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.
Offshore Installations (Safety Case) Regulations In force April 2006	Domestic	Regulations to simplify and reduce the information required for submission to HSE from every three years to every five years.	Decrease – an estimated £3.8 million of annual savings.
Nuclear Reactors Decommissioning (Amendment) RegulationsIn 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) RegulationsIn 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 RegulationsIn 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 LimitIn 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
Control of Asbestos Regulations In force: 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 – estimated savings of £27.7 million
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.
Construction (Design and Management) Regulations In force: 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.	Decrease of £3.6 million per year. Decrease in non administrative costs of between £106 and £226 million per year.
Biocidal Products (Amendment) RegulationsIn 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) RegulationsIn 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.	All the changes are currently required by the Control of Substances Hazardous to Health Regulations (COSHH), so there is no new burden.
Workplace Exposure LimitsIn force: 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.
Chemicals (Hazard Information and Packaging for Supply) (Amendment) RegulationsIn 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.