CDM 2007 and - Chartered Institute of Building 2007 CPD Seminar Han… · CPD CDM 2007 Seminar...

CPD CDM 2007 Seminar Tuesday 24th April 2012

Health & Safety Update 2011 ‐ 2012 1

CDM 2007 and Health & Safety Update

2011 ‐ 2012Presented By:

Derek Billinghurst CMIOSH., MIIRSM

Seminar Administration

Fire arrangements

Welfare arrangements

Mobile phones Mobile phones

Presentations / handouts / delegate participation

Timetable

Seminar Content

Module 01: HM Treasury Budget 2012

Module 02: RIDDOR 2012 Change

Module 03: HSE Construction Clampdown

Module 04: Control of Asbestos Regulations 2012

Module 05: CD232 ‐ Proposals to replace the existing HSAWA 1974

Module 06: CD239 ‐ Proposals to remove 14 legislative measures

Module 07: Our Safe‐Guards Are



HM Treasury Budget 2012

http://www.hm‐treasury.gov.uk/

Page 81. Supply‐side reform of the economy

Deregulation

2.238 Health and safety

The Government will scrap or improve 84 per cent of Health and Safety regulation!

There are 22 in all we will take a quick look at the most relevant to construction and associated industries.

2.238 Health and Safety

Introducing legislative change in 2012 so that healthand safety law will no longer hold employers to be inbreach of their duties in civil law where they have doneeverything that is reasonably practicable andforeseeable to protect their employees;foreseeable to protect their employees;

Watch This Space?




Giving the Health and Safety Executive (HSE) authorityto direct all local authority health and safety inspectionand enforcement activity, in order to ensure that:

it is consistent;

targeted towards the most risky workplaces.

A code based on existing powers will be introduced inApril 2013;

Amending the Health & Safety (First Aid) Regulations1981 to remove the requirement for HSE to approvethe training and qualifications of appointed first‐aidpersonnel.


Revised guidance aimed at small business will bepublished by May 2012, and provisions repealed byOctober 2012;

Amending the Reporting of Injuries, Diseases andDangerous Occurrences Regulation (RIDDOR) and itsassociated guidance to provide clarity for businesses onhow to comply with the requirements by October 2013.


This is in addition to the legislative change beingmade in April 2012 to extend to seven days (fromthree) the period an employee needs to have taken offwork before an injury or accident needs to bereported;



HSE providing further help to businesses by summer2012 on what is ‘reasonably practicable’ for specificactivities where evidence demonstrates that they needfurther advice to comply with the law in aproportionate way;


proportionate way;

Aiming to start health and safety prosecutions withinthree years of an incident occurring by April 2013;

2.239 Environmental Regulations

Consulting on simplifying the system for recordingwaste transfer;

Developing an electronic system for registering wastetransfer and considering allowing electronicallyuploaded hazardous waste returns;

Consulting on preventing excessive compliance costsfor business from the Waste Electrical and ElectronicEquipment Regulations (WEEE);

2.239 Environmental regulations

Simplifying and speeding up application procedures forenvironmental permits;

Working with the European Commission to reviseguidance on data sharing under the “Regulation onRegistration, Evaluation, Authorisation and Restrictionof Chemicals” (REACH) requirements;

Focusing Environment Agency enforcement on high riskcases and taking forward trials of auditing by accreditedthird parties;



http://www.hm‐treasury.gov.uk

Web‐Friendly INDG453

RIDDOR 2012 Change

From 6 April 2012, the over‐three‐day reportingrequirement for people injured at work will change tomore than seven days.

From then, you only have to report injuries that lead toa worker being incapacitated for more than sevenconsecutive days as the result of an occupationalaccident or injury (not counting the day of the accidentbut including weekends and rest days).

The report must be made within 15 days of theaccident.



RIDDOR 2012 Change

Incapacitation means that the worker is absent, or isunable to do work that they would reasonably beexpected to do as part of their normal work.

You must still keep a record of the accident if theworker has been incapacitated for more than threeconsecutive days.

RIDDOR 2012 Change

Note: If you are an employer, who must keep anaccident book under the Social Security (Claims andPayments) Regulations 1979, that record can be treatedas a record for the purposes of RIDDOR.

These are the main changes to the reportingrequirements for deaths, major injuries, occupationaldiseases and dangerous occurrences that employersneed to be aware of.



http://www.dwf.co.uk/insight/legal‐updates/construction‐industry‐faces‐surprise‐safety‐crackdown 19/03/2012

Quote “the construction industry is on high alert as HSEofficers are in the process of undertaking anunannounced clampdown on unsafe construction sitesacross the UK.

O er 3000 sites ha e alread recei ed a isit d ring theOver 3000 sites have already received a visit during theunannounced clampdown.

Why the construction industry? Why now? “

Is It Really A Surprise?



HSE Construction “Crack‐Down”

http://www.hse.gov.uk/press/2010/hse‐construction.htm

On 1st March 2010

HSE l h d kdHSE launched a crackdown on construction sites

During the inspection initiative, HSE inspectors will be particularly looking at:

Jobs that involve working at height have beenproperly planned to ensure that appropriateprecautions are in place;

Equipment is correctly installed / assembled,inspected and maintained and used properly;inspected and maintained and used properly;

Sites are well organised, to avoid trips and falls;

Walkways and stairs are free from obstructions;

Work areas are clear of unnecessary materials andwaste;

RA, MS & SMOW, records and documentation up todate and in place;

HSE Results For March 2010?

2014 sites and 2414 contractors were inspected;

348 ‐ Prohibition Notices on work at height issued;

22 ‐ Improvement Notices on work at height issued;

11 ‐ Prohibition Notices on good order were issued;g ;

18 ‐ Improvement Notices on good order issued;

292 ‐ Notices issued on other serious areas of concern;

In 21 cases, inspectors believed the situation on site tobe so poor that prosecution were being considered!



.

Date: 30th March 2012

Nearly one in five construction sites failed safety checksduring a national initiative to improve construction sitesafety ‐ a slight improvement on previous years.

“text extract from HSE web‐site”

Inspectors from the Health and Safety Executive (HSE)visited a total 3237 sites and saw 4080 contractors.



581 sites were found to have practices that put workersat risk with a total of 870 enforcement notices issued.

In 603 instances work had to stop immediately.

F ll f h i ht i f th t

“text extract from HSE web‐site”

Falls from height remain one of the most commoncauses of deaths and major injury and responsible forthe largest proportion of enforcement notices 49%, butshows a slight improvement on previous years of 55%in 2010.



Problem With HSE’s Publicised Photo’s?





Mainly Photos Imply Domestic!

.

.



Some of our own site audits and inspection observations!



What can we do?Ensure contractors working on site are compliant!

All contractors properly trained;

All contractors properly inducted to site;

All risk assessments and method statements are job specific and cover all work activities;specific and cover all work activities;

If not ‐ what do we do?

All plant, equipment and tools are suitable for use;

How do we do this?

All contractors carrying out tasks safelyHow can we be sure of this?

Maintain suitable records

Control of Asbestos Regulations 2012.

The Control of Asbestos Regulations 2012 came intoforce on 6th April 2012.

Replacing CAR2006 and updating previous asbestosregulations to take account of the EuropeanCommission's ie that the UK had not f llCommission's view that the UK had not fullyimplemented the EU Directive on exposure to asbestos(Directive 2009/148/EC).

Changes

In practice the changes are fairly limited.

Some types of non‐licensed work with asbestos nowhave additional requirements, i.e.:

• notification of work;

• medical surveillance;

• record keeping.

• From 6 April 2012, some non‐licensed work needsto be notified to the relevant enforcing authority

All other requirements remain unchanged.



Notification of Work

Notifiable non‐licensed work

All non‐licensed work needs to be carried out with the appropriate controls in place.

But for notifiable non‐licensed work (NNLW), l l h dditi l i t temployers also have additional requirements to:

• notify work with asbestos to the relevant enforcing authority;

• ensure medical examinations are carried out; and

• maintain registers of work (health records).

Medical Surveillance

By April 2015, all workers/self employed doingnotifiable non‐licensed work with asbestos must beunder health surveillance by a Doctor.

Workers who are already under health surveillance forlicensed ork need not ha e another medicallicensed work need not have another medicalexamination for non‐licensed work.

BUT medicals for notifiable non‐licensed work are notacceptable for those doing licensed work.

Record Keeping

From 6 April 2012, brief written records should be keptof non‐licensed work, which has to be notified e.g.:

• copy of the notification;

• list of workers on the job;

• the level of likely exposure of those workers toasbestos.

This does not require air monitoring on every job, if anestimate of degree of exposure can be made based onexperience of similar past tasks or published guidance.



Modernisation & Changes

Some modernisation of language and changes to reflectother legislation, e.g.:

• the prohibition section has been removed;

• the prohibition of supply and use of asbestos is nowcovered by REACH (Registration, Evaluation,Authorisation and Restriction of ChemicalsRegulations 2006).

Remember “2.239 Environmental regulations”?

CD232 ‐ Proposals to replace the existing Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2001 with a new 2013 Application Outside

Great Britain Order

This consultation seeks views on HSE’s proposals for replacingthe 2001 Order and 2011 Variation Order with a new 2013 Order.

The New Order Will:

Ensure the statutory protection currently providedfor in the 2001 Order and the 2011 Variation Orderis maintained;

Provide legal clarity for duty holders that HSE hasthe power to regulate activities associated withnew emerging energy technologies (e.g.combustible gas storage, carbon dioxide storageand underground coal gasification);



The New Order Will:

Simplify the new Order, by clarifying the definition of certain activities due to lessons learned based on operational experience.

It i i t d d th 2013 O d ill i t fIt is intended the new 2013 Order will come into force on 6th April 2013

CD239 ‐ Proposals to remove fourteen legislative measures

Annex 1 ‐ Celluloid and cinematograph film legislation

Annex 2 ‐ Construction (Head Protection) Regulations

Notification of Conventional Tower Cranes Regulations

Annex 3 ‐ Notification of Installations Handling Hazardous SubstancesAnnex 3 Notification of Installations Handling Ha ardous SubstancesRegulations

Annex 4 ‐ Gasholders (Record of Examinations) Order

Annex 5 ‐ Docks Regulations and Shipbuilding and ship‐repairingRegulations

Annex 6 ‐Metrication Regulations

Wewill take a quick look at those related to CDM 2007

Consultative Document (CD239) ‐ Proposals to remove fourteen legislative measures

Note:

For a full understanding of the following brief textselections of CD239 it is strongly recommended thatyou should view and read the complete ConsultativeDocument at:

http://www.hse.gov.uk/consult/condocs/cd239.htm



Annex 2 ‐ Construction (Head Protection) Regulations 1989

The CHP Regulations came into force on 1 April 1990with the objective of reducing the number and severityof head injuries in the construction industry.j y

Prior to their introduction, concerted efforts to increasethe voluntary use of head protection had been made,but with little effect.

Rationale for revocationRevoking the CHP Regulations would not reduce thelevel of legal protection for workers in an industry wellknown to be high risk.

The PPE Regulations require the provision and use ofhead protection as part of a hierarchy of controlmeasures to protect workers against head injury.

Taken together, these control measures provide at leastan equivalent level of protection against head injury asthose contained in the CHP Regulations.

Rationale for revocationThis, together with regulation 22 of the Construction(Design and Management) Regulations 2007

(which provides for the drawing up of site rules usedwidely to ensure that those working on constructionsites should wear hard hats)

should ensure that there is no reversal in theimprovements in safety that have been made in thisregard.

On the contrary, revocation should benefit constructionduty holders, in particular, small contractors, bysimplifying the regulatory framework in relation to thewearing of head protection on construction sites.



Notification of Conventional Tower Cranes Regulations

The proposal to revoke the Notification of Conventionalof Tower Cranes Regulations 2010 (the “Regulations”),together with amending Regulations3 arises fromrecommendations contained in Professor Löfstedt’sreport Reclaiming Health and Safety For All.report Reclaiming Health and Safety For All.

Revocation of the Regulations would also requirerevocation of regulation 21 and Schedule 16 of theHealth and Safety (Fees) Regulations 2012, which set afee for each notification made under the Tower CraneRegulations.

Rationale for revocation

In his report Professor Löfstedt noted that, when theseRegulations were put into place, the ImpactAssessment (IA) carried out then did not predict thatthey would have “direct health and safety benefits, i.e.reductions in injury or ill‐health”, but that the mainreductions in injury or ill health , but that the mainbenefit of a tower crane register would be “an increasein public assurance”.

He commented that it is not clear that a statutoryrequirement to register tower cranes is the mostappropriate way to provide public assurance andsuggests that non‐regulatory methods should beexplored.

Annex 3‐ Notification of Installations Handling Hazardous Substances

Regulations

The NIHHS Regulations 1982 were introduced followingthe Flixborough disaster4 in 1974 to address publicconcern about industrial plant safety.p y

4The Flixborough disaster was an explosion at achemical plant close to the village of Flixborough, on 1June 1974. It killed 28 people and seriously injured 36.



Rationale for Revocation

We consider it is appropriate to revoke theseregulations because they have been superseded by theEuropean Seveso II Directive.

This Directive was implemented in GB through:

The Planning (Hazardous Substances) (PHS)Regulations 1992

The Control of Major Accident Hazards Regulations1999

These regulations now largely subsume the NIHHSprocedure.

RememberEnsure contractors working on site are compliant!

All contractors properly trained;

All contractors properly inducted to site;

All risk assessments and method statements are job specific and cover all work activities;specific and cover all work activities;

If not ‐ what do we do?

All plant, equipment and tools are suitable for use;

How do we do this?

All contractors carrying out tasks safelyHow can we be sure of this?

Maintain suitable records

Any Questions

CDM 2007 and - Chartered Institute of Building 2007 CPD Seminar Han… · CPD CDM 2007 Seminar...

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