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The first batch of proposed legislation for the Secondary Legislation Scrutiny Committee to consider have been published.

These proposed Statutory Instruments (SIs) are the start of a series of proposed legislative changes that will be necessary for when the UK leaves the European Union on "exit day". Prior to being implemented into law, these SIs will pass through the newly established Secondary Legislation Scrutiny Committees. Each House will have its own designated Committees.

The Committees will be taking up the role of "sifting" through proposed negative instruments following the passing of the European Union (Withdrawal) Act 2018.

The European Union (Withdrawal) Act 2018 gives Ministers wide powers to make Regulations to deal with the deficiencies in retained EU law which will result from the UK's withdrawal from the EU. It allows them a choice of procedure and most Regulations will first be laid as "proposed negative instruments", which after a "sifting" process, will be laid as SIs.

The process

How the process will work:

  • Ministers will propose negative instruments for consideration;
  • the Committees will have 10 days, starting the day after the proposed negative instrument is laid to scrutinise the proposed legislation and make their recommendations;
  • if either Committee recommends a proposed negative instrument should be upgraded to an affirmative procedure, the Minister may either accept or reject the recommendation, and if rejected give a written statement explaining why;
  • any instruments recommended for upgrade will be listed online.

What are negative instruments?

Negative instruments are made by a Minister before they are laid before Parliament, and they come into force generally 21 days after being laid.

To prevent a negative instrument coming into force or remaining in force, a motion to annul it has to be agreed by the Parliament in the Chamber no later than 40 days after the instrument was laid. If no such motion is made, the instrument automatically becomes law.

This process is different to the affirmative procedure where an instrument will usually first be presented in draft format and will not come into force until it has been approve by Parliament.

The current proposed negative statutory instruments relevant to health, safety and environmental legislation are the:

Published statutory instruments

As time goes on, the negative instruments will be laid before Parliament and then passed into law. The following list shows the confirmed statutory instruments that will come into force on exit day, which is 29 March 2019 at 11pm:

  • Vehicle Drivers (Certificates of Professional Competence) (Amendment) (EU Exit) Regulations SI 2018/1004;
  • Timber and Timber Products and FLEGT (EU Exit) Regulations SI 2018/1025;
  • Seal Products (Amendments) (EU Exit) Regulations SI 2018/1034;
  • Feed-in Tariffs and Contracts for Difference (Amendment) (EU Exit) Regulations SI 2018/1092;
  • Electricity (Guarantees of Origin of Electricity Produced from Renewable Energy Sources) (Amendment) (EU Exit) Regulations SI 2018/1093;
  • Merchant Shipping (Monitoring, Reporting and Verification of Carbon Dioxide Emissions) (Amendment) (EU Exit) Regulations SI 2018/1388;
  • Animal By-Products and Transmissible Spongiform Encephalopathies (England) (Amendment) (EU Exit) Regulations SI 2018/1120;
  • Rail Passengers’ Rights and Obligations (Amendment) (EU Exit) Regulations 2018 SI 2018/1165;
  • Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Miscellaneous Amendments) (EU Exit) Regulations SI 2018/1202;
  • Merchant Shipping (Miscellaneous Provisions) (Amendments etc.) (EU Exit) Regulations SI 2018/1221;
  • Environmental Assessments and Miscellaneous Planning (Amendment) (EU Exit) Regulations SI 2018/1232;
  • Planning (Hazardous Substances and Miscellaneous Amendments) (EU Exit) Regulations SI 2018/1234;
  • Planning (Environmental Assessments and Miscellaneous Amendments) (EU Exit) (Northern Ireland) Regulations SI 2018/1235;
  • Ionising Radiation (Basic Safety Standards) (Miscellaneous Provisions) (Amendment) (EU Exit) Regulations SI 2018/1278;
  • Electricity and Gas (Powers to Make Subordinate Legislation) (Amendment) (EU Exit) Regulations SI 2018/1286;
  • Pipe-lines, Petroleum, Electricity Works and Oil Stocking (Miscellaneous Amendments) (EU Exit) Regulations SI 2018/1325;
  • CRC Energy Efficiency Scheme (Amendment) (EU Exit) Regulations SI 2018/1336;
  • INSPIRE (Amendment) (EU Exit) Regulations SI 2018/1338;
  • Energy Savings Opportunity Scheme (Amendment) (EU Exit) Regulations SI 2018/1342;
  • Health and Safety (Amendment) (EU Exit) Regulations SI 2018/1370;
  • Health and Safety (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2018/1377;
  • Marine Environment (Amendment) (EU Exit) Regulations SI 2018/1399;
  • Merchant Shipping (Accident Reporting and Investigation) and the Railways (Accident Investigation and Reporting) (Amendment) (EU Exit) Regulations SI 2018/1400;
  • Persistent Organic Pollutants (Amendment) (EU Exit) Regulations SI 2018/1405;
  • Air Quality (Miscellaneous Amendment and Revocation of Retained Direct EU Legislation) (EU Exit) Regulations SI 2018/1407;
  • Trade in Endangered Species of Wild Fauna and Flora (Amendment) (EU Exit) Regulations SI 2018/1408;
  • Aquatic Animal Health and Alien Species in Aquaculture (EU Exit) (Scotland) (Amendment) Regulations SSI 2019/9;
  • Fisheries (EU Exit) (Scotland) (Amendment) Regulations SSI 2019/24;
  • Ionising Radiation (Environmental and Public Protection) (Miscellaneous Amendments) (EU Exit) Regulations SI 2019/24;
  • Environment, Food and Rural Affairs (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations SI 2019/25;
  • Environment (EU Exit) (Scotland) (Amendment etc.) Regulations SSI 2019/26;
  • Drainage (Environmental Impact Assessment) (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/31;
  • Water and Floods (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/32;
  • Renewables Obligation (Amendment) (EU Exit) Regulations SI 2019/35;
  • Environmental Permitting (England and Wales) (Amendment) (EU Exit) Regulations SI 2019/39;
  • Marine Environment (EU Exit) (Scotland) (Amendment) Regulations SSI 2019/55;
  • Genetically Modified Organisms (EU Exit) (Scotland) (Amendment) Regulations SSI 2019/57;
  • Air Quality (Amendment of Domestic Regulations) (EU Exit) Regulations SI 2019/74;
  • Town and Country Planning and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations SSI 2019/80;
  • Wildlife and Countryside Act 1981 (EU Exit) (Scotland) (Amendment) Regulations SSI 2019/84;
  • Genetically Modified Organisms (Amendment) (England) (EU Exit) Regulations SI 2019/88;
  • Genetically Modified Organisms (Amendment) (EU Exit) Regulations SI 2019/90;
  • Animal By-Products and Transmissible Spongiform Encephalopathies (Miscellaneous Amendments) (Wales) (EU Exit) Regulations SI 2019/94;
  • Control of Mercury (Amendment) (EU Exit) Regulations SI 2019/96;
  • INSPIRE (EU Exit) (Scotland) (Amendment) Regulations SSI 2019/103;
  • Greenhouse Gas Emissions Trading Scheme (Amendment) (EU Exit) Regulations SI 2019/107;
  • Pesticides (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/118;
  • Water (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/112;
  • Conservation (Natural Habitats, &c.) (EU Exit) (Scotland) (Amendment) Regulations SSI 2019/113;
  • Radioactive Contaminated Land (Modification of Enactments) (Wales) (Amendment) (EU Exit) Regulations SI 2019/114;
  • Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations SI 2019/131;
  • Export Control (Amendment) (EU Exit) Regulations SI 2019/137;
  • Transfrontier Shipment of Radioactive Waste and Spent Fuel (EU Exit) Regulations SI 2019/156;
  • Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations SI 2019/188;
  • Genetically Modified Organisms (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/190;
  • Nuclear Safeguards (EU Exit) Regulations SI 2019/196;
  • Metrology, Health and Safety and Product Safety (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/202;
  • Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations SI 2019/223;
  • Environmental Damage (Prevention and Remediation) (Wales) (Amendment) (EU Exit) Regulations SI 2019/244;
  • Environmental Assessment of Plans and Programmes and the Environmental Impact Assessment (Miscellaneous Amendments) (Wales) (EU Exit) Regulations SI 2019/245;
  • Environmental Noise (Wales) (Amendment) (EU Exit) Regulations SI 2019/247;
  • Merchant Shipping (Recognised Organisations) (Amendment) (EU Exit) Regulations SI 2019/270;
  • Waste (Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations SI 2019/271;
  • Animal By-Products and Transmissible Spongiform Encephalopathies (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/273;
  • Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (Amendment) (EU Exit) Regulations SI 2019/277;
  • Environmental Impact Assessment (Amendment) (Northern Ireland) (EU Exit) (No. 2) Regulations SI 2019/279;
  • Fluorinated Greenhouse Gases and Ozone-Depleting Substances (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/281;
  • Environmental Protection (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/289;
  • Pesticides and Fertilisers (Miscellaneous Amendments) (EU Exit) Regulations SI 2019/306;
  • Merchant Shipping and Other Transport (Environmental Protection) (Amendment) (EU Exit) Regulations SI 2019/311;
  • Railways (Interoperability) (Amendment) (EU Exit) Regulations SI 2019/345;
  • Fisheries and Marine Management (Amendment) (Wales) (EU Exit) Regulations SI 2019/370;
  • Roads (Environmental Impact Assessment) (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/377;
  • Genetically Modified Organisms (Deliberate Release and Transboundary Movement) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations SI 2019/379;
  • Air Quality Standards (Wales) (Amendment) (EU Exit) Regulations SI 2019/390;
  • Waste (Wales) (Miscellaneous Amendments) (EU Exit) Regulations SI 2019/414;
  • Aquatic Animal Health and Alien Species in Aquaculture (Amendment etc.) (EU Exit) Regulations SI 2019/451;
  • Aquatic Animal Health and Alien Species in Aquaculture (Amendment) (England and Wales) (EU Exit) Regulations SI 2019/452;
  • Drivers’ Hours and Tachographs (Amendment etc.) (EU Exit) Regulations SI 2019/453;
  • Town and Country Planning (Miscellaneous Amendments) (Wales) (EU Exit) Regulations SI 2019/456;
  • Environment (Amendment etc.) (EU Exit) Regulations SI 2019/458;
  • Flood and Water (Amendments) (England and Wales) (EU Exit) Regulations SI 2019/460;
  • Construction Products (Amendment etc.) (EU Exit) Regulations SI 2019/465;
  • Merchant Shipping (Marine Equipment) (Amendment etc.) (EU Exit) Regulations SI 2019/470;
  • Environment and Wildlife (Legislative Functions) (EU Exit) Regulations SI 2019/473;
  • Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment) (EU Exit) Regulations SI 2019/490;
  • Railways (Access, Management and Licensing of Railway Undertakings) (Amendments etc.) (EU Exit) Regulations SI 2019/518;
  • Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations SI 2019/530;
  • Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations SI 2019/531;
  • Electricity Network Codes and Guidelines (Markets and Trading) (Amendment) (EU Exit) Regulations SI 2019/532;
  • Electricity Network Codes and Guidelines (System Operation and Connection) (Amendment etc.) (EU Exit) Regulations SI 2019/533;
  • Electricity and Gas (Market Integrity and Transparency) (Amendment) (EU Exit) Regulations SI 2019/534;
  • Employment Rights (Amendment) (EU Exit) Regulations SI 2019/535;
  • Employment Rights (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/537;
  • Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations SI 2019/539;
  • Storage of Carbon Dioxide (Amendment and Power to Modify) (EU Exit) Regulations SI 2019/544;
  • Road Vehicle Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations SI 2019/550;
  • Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations SI 2019/557;
  • Environment (Miscellaneous Amendments and Revocations) (EU Exit) Regulations SI 2019/559;
  • Floods and Water (Amendment etc.) (EU Exit) Regulations SI 2019/558;
  • Shipments of Radioactive Substances (EU Exit) Regulations SI 2019/571;
  • Conservation of Habitats and Species (Amendment) (EU Exit) Regulations SI 2019/579;
  • Aquatic Animal Health and Alien Species in Aquaculture (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/581;
  • Conservation (Natural Habitats, etc.) (Amendment) (Northern Ireland) (EU Exit) Regulations SI 2019/582;
  • Ozone-Depleting Substances and Fluorinated Greenhouse Gases (Amendment etc.) (EU Exit) Regulations SI 2019/583;
  • International Waste Shipments (Amendment) (EU Exit) Regulations SI 2019/590;
  • Drivers’ Hours and Tachographs (Amendment) (EU Exit) (No. 2) Regulations SI 2019/596;
  • Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations SI 2019/601;
  • Waste (Miscellaneous Amendments) (EU Exit) Regulations SI 2019/620;
  • European Union (Withdrawal) Act 2018 (Consequential Modifications and Repeals and Revocations) (EU Exit) Regulations SI 2019/628;
  • Merchant Shipping (Standards of Training, Certification and Watchkeeping) (Amendment) (EU Exit) Regulations SI 2019/630;
  • Aviation Noise (Amendment) (EU Exit) Regulations SI 2019/643;
  • Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment) (EU Exit) Regulations SI 2019/648;
  • Detergents (Amendment) (EU Exit) Regulations SI 2019/672;
  • Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations SI 2019/696;
  • Railway (Licensing of Railway Undertakings) (Amendment etc.) (EU Exit) Regulations SI 2019/700;
  • Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations SI 2019/708;
  • Common Agricultural Policy and Agriculture and Horticulture Development Board (Amendment etc.) (EU Exit) Regulations SI 2019/733;
  • REACH etc. (Amendment etc.) (EU Exit) Regulations SI 2019/758.

We will keep this page updated with all the latest developments and proposed negative statutory instruments so you can keep track of any upcoming changes.

The UK has finally "agreed" on and published their Draft Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community.

This details the terms reached by the European Commission and UK negotiators on the United Kingdom's withdrawal from the European Union and the European Atomic Energy Community.

The Agreement covers all elements of the UK's withdrawal from the EU, including:

  • a transition period;
  • citizen's rights;
  • the financial settlement;
  • governance;
  • terms of a legally operational backstop to ensure no hard border between Ireland and Northern Ireland;
  • Protocols on Cyprus and Gibraltar,

and a range of other separation issues including goods placed on the European market.

Transition period

The Agreement provides for a transition period until 31 December 2020. During this proposed period:

  • EU law will continue to apply to the UK as if it were an EU Member State;
  • the UK will participate in the EU Customs Union and the Single Market, with all four freedoms, and Union Policies;
  • all EU regulatory, budgetary, judiciary and enforcement instruments will apply, meaning the Court of Justice of the European Union (CJEU) will have competence in the UK.

It is intended that this transition period will provide:

  • the UK and EU with time to negotiate a future relationship; and
  • national administrations and businesses with time to prepare for a new relationship.

During this period, the UK can't be bound by any new trade agreements on its own in areas of EU exclusive competence, unless authorised by the EU to do so.

On the withdrawal date, 11pm on 29 March 2019, the UK will have technically left the EU and so will no longer be a part of EU decision making from that point. This means the UK will not be represented in EU institutions, agencies and bodies, and will no longer participate in meetings of Member State groups, subject to exceptions.

During the transition period the UK can't act as a rapporteur for European authorities or Member States, this includes activities such as conducting a risk assessment for the European Chemicals Agency (ECHA) or assessing the safety of a medicine.

An area of contention in particular in UK Parliament was around fisheries. Until the transition period ends, the UK will be bound by decisions on fishing opportunities. However the UK will be consulted on its fishing opportunities.

Extension of a transition period

There is the possibility to extend the transition period providing that this is done by mutual UK and EU agreement and decided by the Joint Committee by 1 July 2020.

The UK may request additional time to ensure a future agreement is made with the EU.

International agreements

During the transition period, the UK will be bound by obligations from all EU international agreements, including multilateral mixed agreements.

After the Withdrawal Agreement is signed the EU will notify other parties to international agreements of the consequences of the UK's withdrawal and will cover all international agreements. 

Common provisions

The provisions of the Withdrawal Agreement must have the same legal effects in the UK as in the EU and its Member States.

Until the end of the transition period when the UK leaves the EU, UK courts must abide by the principle of consistent interpretation with the CJEU case law. After this date UK courts should still pay regard to CJEU case law.

Specifically, the Agreement requires the UK to ensure compliance with the common provisions through domestic legislation, with the UK judicial and administrative authorities disapplying inconsistent or incompatible national law. 

Any reference to European law in the Withdrawal Agreement includes amendments made to it up until the last day of the transition period.

Unless specifically agreed otherwise, the UK will be disconnected from all EU networks and databases at the end of the transition period.

Citizen's rights

The Agreement safeguards the right to stay and continue their current activities for over 3 million EU citizens in the UK, and over 1 million UK nationals in EU countries.

It enables both EU citizens and UK nationals, as well as their respective family members, to continue to exercise their rights derived from EU law in each other's territories, for the rest of their lives, where those rights are based on life choices made before the end of the transition period.

EU and UK citizens, as well as their respective family members can continue to live, work or study as they currently do under the same substantive conditions as under EU law, benefiting in full from the application of the prohibition of any discrimination on grounds of nationality and of the right to equal treatment compared to host state nationals.

EU free movement will apply until the end of the transition period, after this EU and UK citizens will be able to remain and work or study in the UK or EU state.

Goods placed on the market

Goods lawfully placed on the market in the EU or the UK before the end of the transition period may continue to freely circulate in and between these two markets, until they reach their end-users, without any need for product modifications or re-labelling. This means that goods that will still be in the distribution chain at the end of the transition period can reach their end-users in the EU or the UK without having to comply with any additional product requirements.

However the movement of live animals and animal products between the EU market and the UK's market will, as from the end of the transition period, be subject to the applicable rules of the Parties on imports and sanitary controls at the border, regardless of whether they were placed on the market before the end of the transition period.

Euratom

The UK withdraws from Euratom and accepts sole responsibility for continued performance of nuclear safeguards and its international commitment to a future regime that provides coverage and effectiveness equivalent to existing Euratom arrangements. 

Euratom will transfer ownership of equipment and other property in the UK related to safeguards for which it will be compensated at book value to the UK.

This also means Euratom's international agreements will no longer apply to the UK and that the UK needs to engage with international partners in that context.

Ongoing judicial procedures

The CJEU will remain competent for judicial procedures concerning the UK registered at the CJEU before the end of the transition period, and those procedures will continue until a final binding judgment is given in accordance with EU rules. All stages of proceedings are concerned, including appeals or referrals back to the General Court. This allows for pending cases to reach completion in an orderly way.

Within four years from the end of the transition period, the Commission may bring before the CJEU new infringement cases against the UK, concerning breaches of Union law which occurred before the end of the transition period.

Financial settlement

The UK will honour its share of financing all the obligations undertaken while it was a member of the Union, in relation to the EU budget, the European Investment Bank, the European Central Bank, the Facility for Refugees in Turkey, EU Trust Funds, Council agencies and also the European Development Fund.

Environmental protection

The Agreement states a commitment to non-regression in the level of environmental protection in both the EU and the UK. It states that the UK will continue to respect the:

  • precautionary principle;
  • principle that preventive action should be taken;
  • principle that environmental damage should as a priority be rectified at source; and
  • polluter pays principle,

in environmental legislation.

The Joint Committee will adopt decisions that will apply from the end of the transition period and establish minimum commitments for:

  • the reduction of national emissions of certain atmospheric pollutants;
  • the maximum sulphur content of marine fuels which may be used in territorial seas including in the North Sea, Baltic Sea area and in EU and UK ports;
  • best available techniques including emission limit values, in relation to industrial emissions.

Both the UK and the EU:

  • must take the necessary measures to meet their respective commitments to international agreements to address climate change;
  • reaffirm their commitment to implement the multilateral agreements they are are party to.

The UK must implement a system of carbon pricing at least the same effectiveness and scope as that set out in Directive 2003/87/EC on scheme for greenhouse gas emission allowance trading within the Community (EU Emissions Trading Scheme).

An independent body in the UK must implement a transparent system to ensure effective domestic monitoring, reporting and oversight of its environmental protection obligations. This body must have powers to conduct inquiries concerning alleged breaches by public bodies and UK authorities.

Labour and social standards

The Agreement states a commitment to the non-regression of labour and social standards in both the EU and the UK. This includes ensuring:

  • fundamental rights at work;
  • occupational health and safety;
  • fair working conditions;
  • employment standards;
  • information and consultation rights at company level,

do not reduce below the common standards at the EU and UK level.

Protocol on Ireland and Northern Ireland

One of the key issues in withdrawal negotiations has been the prevention of a hard border between Ireland and Northern Ireland and the so-called 'backstop'.

If an agreement on the future EU-UK relationship is not applicable by 31 December 2020, the EU and the UK have agreed that a backstop solution will apply until such a time as a subsequent agreement is in place.

In a backstop scenario, a single EU-UK customs territory will be established from the end of the transition period until the future relationship becomes applicable. Northern Ireland will therefore remain part of the same customs territory as the rest of the UK with no tariffs, quotas, or checks on rules of origin between Northern Ireland and the rest of the UK.

Negotiations on the future EU-UK relationship will only be conducted during the transition period, consequently this legally operational backstop guarantees that no hard border returns – whatever the circumstances.

What next?

It is up to the President of the European Council to decide whether and when to convene a meeting of the 27 Heads of State or Government. This has currently been announced by Donald Tusk for 25 November 2018. It will be up to the European Council to endorse the withdrawal agreement and the joint political declaration on the framework of the future relationship.

Once the European Council endorse the Withdrawal Agreement, and before it can enter into force, it needs to be ratified by the EU and the UK. For the EU, this means the European Council must authorise the signature, before sending it to the European Parliament for its consent.

The United Kingdom must ratify the Agreement according to its own constitutional arrangements. This will mean any Agreement will need to pass a Parliamentary vote.

For more information, see the:

New guidance on RPE fit testing
Published: 18 Apr 2019

New Industry Guidance (INDG) has been produced by the Health and Safety Executive (HSE), to give advice to employers and those conducting fit tests, on appropriate fit testing on respiratory protective equipment (RPE).

Fit testing for RPE should be carried out as part of the initial selection of the RPE for an employee before they begin to carry out any work that requires the use of RPE. A fit test should also be repeated whenever there is a change to the RPE type, size, model or material and whenever there is a change in the circumstances of the wearer that could alter the fit of RPE, such as:

  • weight loss or gain;
  • substantial dental work;
  • any facial changes (scars, moles, effects of ageing etc.) around the face seal area;
  • facial piercing; and
  • introduction or change on other head-worn personal protective equipment (PPE).

This guidance provides information on:

  • fit test methods;
  • what can be achieved from a fit test; and
  • what information must be included in a fit test report.

For more information, see:

INDG479 - Guidance on respiratory protective equipment (RPE) fit testing.

The Environment Agency has announced a set of new supplier arrangements and partnerships which will increase efficiency, value for money and the green legacy of its £2.6 billion capital investment programme.

The programme aims to better protect 300,000 homes from coastal erosion and flooding up to 2021 and beyond.

From April 2019 the Environment Agency's Next Generation Supplier Arrangements (NGSA) will form the basis of new ways of working which will help better protect people and the environment, whilst ensuring that sustainable development is at the core of Environment Agency projects.

The new arrangements have been developed using the Environment Agency's experience in the Flood and Coastal Risk Management sector, as well as learning from other leading public and private infrastructure providers. The arrangements promote innovative ways of collaborative working with delivery partners and local communities from the initial planning stages of a project right through to its completion.

The arrangements will also lead to a longer-term team working and news of engaging with local organisations and communities, which will ensure that homes, communities and businesses are receiving the best possible flood and coastal management for the challenges facing their area.

Also, flood and coastal defence projects will promote economic growth, social well-being and will seek to enhance levels of natural capital within the local community, making sure that each scheme brings long-lasting benefits for future generations.

Toby Willison, Executive Director of Operations at the Environment Agency commented "this ambitious new framework will help us to continue to deliver our £2.6 billion flood and coastal defence programme in a way which ensures that sustainability, efficiency and value for money remain at the very heart of the work we do to protect people, homes and the environment".

"The Environment Agency continues to work closely with partners and communities from across the country to deliver our commitment of investing £2.6 billion to better protect 300,000 homes from flooding and coastal erosion over six years".

The arrangements also look to deliver low carbon solutions for projects, which will help the Environment Agency work towards the Government's commitment to reduce carbon emission by 80% by 2050.

The NGSA arrangements take effect immediately and run through to 2023 with the opportunity to extend to 2027.

Fee For Intervention goes up 20%
Published: 16 Apr 2019

The Health and Safety Executive (HSE) has confirmed that the costs for its Fee for Intervention (FII) will increase by 20%, from 6 April 2019.

Organisations which are found to be in material breach of health and safety requirements will be charged the HSE hourly rate for its time of £154, an increase from £129. Their "time" involves, investigation, helping companies to correct failings and taking enforcement action.

FFI was introduced back in October 2012 to shift some of the cost of regulating workplace health and safety from the taxpayer onto those responsible for breaches in legislation. However, more recently, FFI has been costing the HSE more than it recovered in income from it. Last year they reported a loss of £1.9m from running FFI.

A spokesperson for the HSE commented: "The HSE must set the FFI rate with the aim of recovering its full cost and in recent years it has operated at a deficit (i.e. cost more than recovered in income). A combination of this and cumulative inflationary pressures support the increased hourly rate."

For more information, see the:

The Environment Agency has secured a £200,000 donation through an Enforcement Undertaking following a pollution incident near Doncaster.

Yorkshire Water Services Ltd paid £200,000 to the Yorkshire Wildlife Trust, which was offered to the Environment Agency after the company admitted causing sewage to enter the Pissy Beds Drain, a tributary which leads into the River Trent.

Enforcement Undertakings are a restorative enforcement sanction, polluters can make an offer to the Environment Agency to pay for or carry out environmental improvements as an alternative to any other enforcement action. The Environment Agency then carefully considers whether the remedial efforts offered by the polluter are acceptable, taking into consideration all the circumstances surrounding the commission of the offence.

In September 2015 the Environment Agency was made aware of a burst at a main surface water sewer, but further investigations showed that a transfer of foul sewage between pumping stations led to raw sewage entering the Pissy Beds Drain near Hatfield Colliery.

Elevated ammonia and low dissolved oxygen levels were detected due to sewage entering the watercourse, which had potential to harm fish and the invertebrate life. Once made aware of the incident, the Environment Agency and Yorkshire Water Services' response meant that the pollution was contained while the burst was located, stopped and fixed, preventing further environmental harm.

Yorkshire Water Services cleaned the watercourse and repaired the rising main that burst at a cost of £235,000. The Company also paid the Environment Agency's costs in full and carried out a review of their telemtry system to ensure that early warnings are recieved and acted on, with additional alarms put in place. Staff were briefed on the learning from the incident.

The Enforcement Undertaking offers were officially accepted by the Environment Agency in February 2019 and payments to the charity have already been made. The donation of £200,000 to the Yorkshire Wildlife Trust will be used to fund Humberhead Levels Nature Improvement Area.

Louise Cresswell, the East Midlands Area Director at the Environment Agency, said "Enforcement Undertakings allow polluters restore the harm caused to the environment and prevent repeat incidents".

"They offer a quick resolution and help offenders who are prepared to take responsibility for their actions to voluntarily make things right. We will continue to seek prosecutions against those who cause severe pollution or who act recklessly".


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