This European Union (Withdrawal) Act 2018 will repeal the European Communities Act 1972 at 23:00 on 29 March 2019, when the UK leaves the EU (exit day). The UK will also leave the European Economic Area and Euratom Treaty on this date.
The European Union (Withdrawal) Act 2018 converts EU law in force in the UK on 29 March 2019 to domestic law. The Act also retains legislation implementing EU law.
This legislation is significant as a major proportion of UK health and safety law is derived from the EU.
European Court decisions made on or after exit day will not be binding and matters may not be referred to the European Court in the future.
It is important to note that the Act does not prevent the UK from replicating any EU law made on or after exit day in the future.
Changes to Retained EU Legislation
The Act allows legislation to be made by Ministers to prevent, remedy or mitigate failures of retained EU law to operate effectively or to address other deficiencies. These powers may only be used until 29 March 2021.
Retained EU legislation may be modified later by passing an Act of parliament, primary legislation or certain types of subordinate legislation.
Withdrawal Agreement
The Act includes powers for Ministers to make legislation to implement sections of an UK-EU withdrawal agreement, if it is deemed necessary these must be in force prior to exit day.
Background
The European Communities Act 1972 applied EU legislation in the UK. EU legislation was also provided supremacy over UK domestic law by this Act.
New publications this month:
ECHA
10 New Substances added to the Substance of Very High Concern (SVHC) Candidate List
The following 10 substances have been added to the SVHC candidate list under the REACH Regulation (EC) No 1907/2006:
SVHCs are candidates for later inclusion in the REACH Authorisation List. Authorisation must be obtained for organisations planning to use SVHCs beyond the ‘sunset date’ once assigned to chemicals on the candidate list.
SCOTTISH GOVERNMENT
Practical Fire Safety Guidance for Existing Premises with Sleeping Accommodation
Fire safety guidance is provided for existing premises with sleeping accommodation.
Property management consultancy and asbestos surveying company fined after inadequate refurbishment
Vital Property Solutions Limited, a property management consultancy, and Home Inspectors Southern Limited, an asbestos surveying company, have been fined after an inadequate refurbishment and demolition survey was provided for a major refurbishment project. This product included partial demolition.
The survey undertaken by Home Inspectors Southern Limited failed to identify asbestos cement and asbestos insulating board (AIB) containing Chrysotile and Amosite asbestos.
An HSE investigation identified that the surveyor had no training in asbestos surveying or previous work experience with a suitably qualified person or accredited organisation.
The survey also incorrectly advised that a non-licensed contractor could be engaged to remove AIB identified.
Vital Property Solutions Limited did not request any information from Home Inspectors Southern Limited to demonstrate their skills, knowledge, experience and training regarding asbestos surveying.
Breaches
Vital Property Solutions Limited pleaded guilty to breaching Section 3(1) of the Health and Safety at Work Act 1974.
Home Inspectors Southern Limited also pleaded guilty to breaching Section 3(1) of the Health and Safety at Work Act 1974.
Penalties
Vital Property Solutions Limited was fined £8,400 and ordered to pay costs of £929.67.
The company was fined £4,800 and ordered to pay costs of £929.67.
Balfour Beatty Utility Solutions Ltd fined for exposing workers to debilitating condition
Balfour Beatty Utility Solutions Limited has been sentenced after exposing workers to a debilitating health condition between 2002 and 2011.
An investigation by the HSE identified that workers at the company had been exposed to levels of hand-arm vibration which put them at risk of developing Hand-Arm Vibration Syndrome (HAVS).
The court heart that workers were exposed to hand-arm vibration while operating hand-held power tools such as hydraulic breakers and floor saws. The HSE identified that the company had failed to meet its legal duty to ensure that risks to the users of this tools were kept to as low a level as reasonably practicable. Balfour Beatty Utility Solutions Ltd. failed to assess the risk to workers’ health, failed to put in place and monitor suitable risk control measures and failed to put in place a suitable system of health surveillance.
The investigation also found that Balfour Beatty Utility Solutions Limited had failed to report a significant number of cases of employees diagnosed with HAVS to the HSE, as is legally required.
Balfour Beatty Utility Solutions Ltd pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974 and Regulation 5(1) of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995.
Penalty
Balfour Beatty Utility Solutions Ltd was fined £500,000 and was ordered to pay costs of £195,000.
Company fined for poor condition of asbestos containing materials
Aquapac Limited, a Glasgow-based furniture manufacturer and distributor, has been fined for failing to properly assess the risk from exposure to asbestos containing materials.
The HSE inspected the company’s premises on 6 August 2014. The HSE inspector raised concerns regarding significant damage to what appeared to be asbestos containing materials, which were encasing the structural columns and beams of the premises.
An HSE investigation found that Aquapac Limited had failed to properly assess asbestos exposure risks to employees and failed to take necessary measures to protect employees against exposure. The investigation also found that Aquapac Limited had failed to ensure that anyone working on the premises was aware of the presence of asbestos containing material.
Breach
Aquapac Limited pleaded guilty to breaching of Section 2 of the Health and Safety at Work etc. Act 1974.
Aquapac Limited was fined £6,000.
