New publications this month:

DEPARTMENT FOR ENVIRONMENT, FOOD AND RURAL AFFAIRS (DEFRA)

How to comply with REACH chemical regulations

Guidance has been provided on how the Registration, Evaluation and Authorisation of Chemicals (REACH) regime will operate after the end of the post-Brexit transition period. A UK-only version of REACH (UK REACH) is planned to operate from 1 January 2021.

The HSE will operate and enforce the UK REACH regime. UK REACH may have significant impacts on chemical supply chains, as described below.

UK Organisations holding EU REACH Registrations

Where these have not already been transferred to the EU, UK holders of REACH registrations must ensure these are transferred to the EU before 1 January 2021.

Obligations of UK Chemical Manufacturers and Companies importing Chemicals to the UK

EU REACH registrations will temporarily be recognised for UK REACH under the ‘grandfathering process’, before a full UK REACH registration will be required. Great Britain-based holders of EU REACH registrations will be required to:

1. Provide basic information on all registered chemicals to the HSE by 30 April 2021; and
2. Resubmit registration dossiers to the HSE by the following deadlines, depending on tonnages or hazard properties for each chemical:

Downstream Users Importing Chemicals

Downstream users of chemicals in the UK will need to determine whether a UK registrant or UK-based only representative is to arrange a UK REACH registration.

Where a UK registration is not underway, a Downstream User Import Notification (DUIN) will need to be submitted to the HSE by 27 October 2021. Unless a UK REACH registration is arranged by another organisation, the downstream user will need to register under UK REACH by the respective deadline on the table above.

Registration Dossiers

In order to continue supplying chemicals to the UK market and to make the registrations required, UK registrants will need to ensure they have adequate access to dossiers previously submitted for registrations under EU REACH.

Northern Ireland

Under the Northern Ireland Protocol, Northern Irish businesses supplying chemicals to the EU will not face new duties regarding existing EU registrations.

HEALTH AND SAFETY EXECUTIVE (HSE)

First aid during the coronavirus (COVID-19) pandemic

The HSE revised its guidance on first-aid for non-healthcare settings during September 2020.

Significantly, first-aid at work and emergency first-aid at work certificates that expired after 16 March 2020 can remain valid until 31 October 2020 or six months from the date of expiry, whichever is later. However, all requalification training must be completed by 31 March 2021.

To qualify for the extension, employers must be able to demonstrate that:

• they have made every effort to arrange requalification training as soon as possible and can explain in detail why they have not been able to do so. For example, they must show evidence that staff with expired certificates are booked on to requalification courses,  if requested by an inspector
• they have adequate and appropriate equipment and facilities to give first aid to any employee who is injured or becomes ill at work
• the level of first aid cover provided remains appropriate for their particular work environment
• the level of first aid provision necessary in high risk settings is fully maintained, e.g. in construction, agriculture, engineering and chemicals

Biocides: What you'll need to do after the transition period ends

From 1 January 2021 the UK will adopt a UK-only version of the Biocidal Products Regulation (BPR).

Holders of biocidal product authorisations valid in Great Britain and active substance approvals under the existing EU BPR will remain valid until their existing expiry date. However, authorisation holders will need to be established in the UK by 1 January 2022 to enable continued use of the authorisation in Great Britain.

New or renewed authorisations and approvals will need to be made to the HSE after 1 January 2021 in order to retain access to the market in Great Britain.

Classification, labelling and packaging (CLP): what GB-based businesses, supplying the GB market, need to do after the Transition Period ends

From 1 January 2021 the UK will adopt a UK-only version of the CLP Regulation. The HSE will assume ECHA’s role under the Great British CLP scheme.

Existing classifications,  and labelling in place at the end of the post-Brexit transition period will be transferred to the GB scheme.

Future new and revised classifications and labelling notifications will need to be made to the HSE to ensure continued access to the GB market.

GB-based downstream users and distributors supplying the GB market will assume full duties of an importer under the CLP regime from 31 December 2020.

HSE cracks down on dust

Starting 5 October 2020 the HSE will be targeting construction firms to check that respiratory risks and occupational lung disease hazards are suitably controlled. Other areas of concern will also be reviewed as identified during this month long inspection programme.

Safety Bulletin: Failure to detect dangerous gas/vapour due to incorrect specification of sample tube

This alert concerns the risk of misleading gas detection readings from the use of sampling tubes with pumped gas detectors.

WELSH GOVERNMENT

Building safety: position statement

This document sets out the Welsh Government’s plan to reform regulations and fire safety in high rise buildings.

OFFICE OF RAIL AND ROAD (ORR)

Health and safety regulatory strategy

The ORR’s health and safety regulatory strategy has been updated. 

Fines after fatal incident involving high pressure water jetting equipment

A specialist industrial services company has been fined after a worker suffered a fatal injury whilst cleaning waste-water pipes.

On 18 June 2017 an employee of Leadec Limited was using high-pressure water jetting equipment to clear paint residue from pipes in the paint shop at a car manufacturing site in Solihull. During the process the worker was struck by the end of a flexi-lance, causing a fatal injury.

An HSE investigation found that the company had recognised the risks of operating high-pressure water jetting equipment but had failed to put in place appropriate risk mitigation measures. They had not implemented or enforced various control measures such as a pressure regulator or an anti-ejection device, which were both missing at the time of the incident. The HSE also found that training and supervision did not meet an acceptable standard.

Breach

Leadec Limited pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974:

• Section 2(1) requires employers to ensure, so far as is reasonably practicable, the health, safety and welfare at work of their employees.

Penalty

Leadec Limited was fined £2,000,000 and ordered to pay £30,000 in costs.

Crown Censure issued to Ministry of Defence over fatal diving incident

The Ministry of Defence (MoD) has been issued with a Crown Censure by the HSE after a military diver died during training.

On 14 November 2018, a maritime training exercise was underway in Portland Harbour. A diver was brought back to surface after he became separated from other divers. He was pronounced dead after CPR was performed.

Breach and Enforcement Action

By accepting the Crown Censure, the MoD has acknowledged that but for crown immunity, there was sufficient evidence to provide a realistic prospect of conviction for breaching Section 2(1) of the Health and Safety at Work etc. Act 1974.

The HSE served two Crown Improvement Notices on 25 February 2019 relating to the failure to conduct suitable and sufficient risk assessments for the diving exercise. The MoD rectified these issues by 12 March 2019.

Manufacturer of tubing fined after worker injured

A manufacturer of plastic tubing and blown fibre tubing for telecoms and water has been fined after an employee suffered serious injuries at work.

On 3 November 2016, an employee was working on a socket machine. The employing was placing the pipe into a socket when the shorter length of pipe fell out. The worker reached to catch the pipe to prevent it being clamped when his left hand came into contact with the exposed clamp, causing serious injury.

An HSE investigation found that the company had carried out a risk assessment in 2006 for the socket machine, however this did not cover working with shorter length pipes and did not identify a risk from entrapment. It was noted that the socket machine had no guard in place, meaning that the clamping mechanism was exposed.

Breach

Emtelle UK Limited pleaded guilty to Regulations 11(1) and (2) of the Provision and Use of work Equipment Regulations 1998:

• Regulation 11(1) requires that employers take effective measures to prevent access to any dangerous part of machinery or to any rotating stock-bar; or stop the movement of any dangerous part of machinery or rotating stock-bar before any part of a person enters a danger zone.
• Regulations 11(2) applies a hierarchy of control measures to comply with obligations under Regulation 11(1)

Penalty

Emtelle UK Limited was fined £100,000.