This year saw the publication of Directive 2010/31/EC, on the energy performance of buildings, which further reduces energy consumption in the building sector by extending and replacing the provisions in Directive 2002/91/EC. This coincides with the Building Regulations SI 2010/2214 in England and Wales, which revoke and consolidate the previous Building Regulations SI 2000/2531, and its amendments, in order to ensure the health, safety, welfare and convenience of people in and around buildings, as well as their water and energy efficiency.
The Regulations also set out the procedures for the control of building work by local authorities. A similar building control system for regulating the private sector is established by the Building (Approved Inspectors etc) Regulations SI 2010/2215.
Significantly, the Equality Act 2010, which received Royal Assent on 8 April, provides a legislative framework to protect the rights of individuals and advance equal opportunities for all. In a health and safety context, it establishes provisions on disabled access to rail vehicles and identifies the circumstances in which an act against a pregnant woman will not be seen to be discriminatory.
In addition, we have also seen the introduction of the Notification of Conventional Tower Cranes Regulations SI 2010/333 in England and Wales, which require certain information about such cranes used on construction sites to be notified to the Health and Safety Executive. These provisions are the result of a number of incidents and fatalities involving tower cranes, which has increased general awareness of them, as well as the risks they pose to workers and public safety.
Public concern led to calls to bring forward proposals such as a statutory national register, in addition to other measures already in place.
Fire safety
This year saw the publication of the Fire Safety Regulations (Northern Ireland) SR 2010/325, which set out the procedure for carrying out risk assessments to identify the harm that may be caused by fire, and the review of those assessments. They also detail the fire safety measures that should be taken in order to prevent harm caused by fire.
Their main objective is to contribute to the reduction of avoidable fires, and consequently death, injury and loss of property by:
They work alongside the Fire and Rescue Services (Northern Ireland) Order SI 2006/1254, to simplify existing fire legislation and reinforce the modern risk-based approach to fire prevention. As a result, the previous system of fire certification under the Fire Services (Northern Ireland) Order SI 1984/1821 is completely replaced with the requirement to assess the risk of fire and make sure that fire safety standards are met.
Agency workers
Back in January, the Agency Workers Regulations SI 2010/93 were published, and provide for the protection of temporary agency workers by applying the principle of equal treatment. This means that the basic working and employment conditions (duration of working time, overtime, breaks, rest periods, night work, holidays, public holidays and pay) of temporary agency workers should be, for the length of their employment, at least those that would apply if they had been recruited directly for the same job.
These Regulations apply to England, Scotland and Wales, meaning Northern Ireland has still to introduce its own provisions.
Optical radiation
The Control of Artificial Optical Radiation at Work Regulations SI 2010/1140 and the Control of Artificial Optical Radiation at Work Regulations (Northern Ireland) SR 2010/180 came into force on 27 April and 14 June, respectively.
They place a duty on employers to protect their workers from the risks arising from hazardous sources of artificial light (artificial optical radiation) in the workplace, and to produce a documented risk assessment. Examples of such artificial light include ultraviolet, infrared and laser beams, and may be the result of activities like:
They do not however apply to the following sources of light:
New for 2011?
It looks like being another busy year in 2011. Some important issues and legislative changes to look out for include:
potential reforms as a result of Lord Young’s "Common Sense, Common Safety" report, which may include:
Bulletins
We hope you've found the bulletins useful and informative over the past year and enjoyed the slightly obscure headlines. In case you have forgotten some of their "finer" moments, here are a few of our favourites! How many low-budget film titles and ‘70's classic rock references did you spot...?
"Peppa Pig producers pamper to parents panic!!"
"Threat of mercury revved up"
"Sweet firm sour over tragedy"
"Slappers banned over health and safety concerns"
"Vuvuzelas relegated out of the Premier League"
"Health and Safety Con-Dem'd by Government"
