The European Union (Withdrawal) (No. 2) Act 2019 came into force on 9 September 2019.
What does this require?
This Act of Parliament requires the Prime Minister to seek an extension to the Brexit withdrawal date of the 31 October 2019.
The Act requires that an extension until 31 January 2020 is sought. This request must be made using the letter included in the Schedule.
Despite this Act, at the time of writing the Prime Minister has continued to state that the UK will be leaving the EU on 31 October 2019.
Progress Reports
Reports must be provided by the Secretary of State on the progress of negotiations between the EU and the UK. The first report must be made by 30 November 2019.
New publications this month:
HM GOVERNMENT
Building Regulations: Approved Document V (Fire Safety)
Volumes 1 and 2 of Approved Document B, which concern fire safety in dwellings and other buildings respectively, were replaced in September 2019:
These replacement documents correct errors identified within the previous versions and improve clarity for users.
EUROPEAN CHEMICALS AGENCY (ECHA)
Act and prepare for ‘no deal Brexit’ to stay on the market and keep supplies
As the UK’s withdrawal date of 31 October 2019 approaches, ECHA is reminding companies to take action to avoid disruptions should the UK leave the EU without a deal.
Registration, Evaluation and Authorisation of Chemicals (REACH)
UK-based chemical manufacturers and formulators will need to transfer REACH registrations to a business or appointed ‘only representative’ in the EU or European Economic Area (EEA) for the respective registration to remain valid for the UK/EEA market.
Downstream users in the EU/EEA will also need to act to ensure that registrations for chemicals supplied by UK manufacturers, importers and only representatives have been transferred to the EU/EEA.
Prior Informed Consent (PIC)
Action is also required to notify exports of PIC substances to the UK from 1 November 2019. After a no deal Brexit, these would need to be notified 35 days prior to the expected import date.
REACH: Substances of Concern in Articles as such or in Complex Objects (Products) (SCIP) database will improve transparency on hazardous substances in articles
ECHA has announced a SCIP database. Suppliers of articles containing substances of very high concern (SVHCs) will need to provide information on their safe use to ECHA.
The proposed database is planned to be operational from 5 January 2021. SCIP notifications will need to be made from 5 January 2021. Notifications will need to include information allowing articles to be identified, details of SVHCs and possibly other information on the safe use of the article.
Port operator fined after employee injuries
Mersey Docks and Harbour Company has been fined after a worker was struck by a falling load at the Port of Liverpool in Seaforth.
On 28 May 2015 three agency workers were loading bundles of rebar onto heavy goods vehicle trailers. One worker was acting as a banksman while two colleagues were operating forklift trucks undertaking a tandem lift. During the lift a single bundle of rebar was struck the reversing heavy goods vehicle’s headboard. This led to the bundle, which weighted 1,924kg, to fall onto the employee acting as banksman who was stood on the far side by the goods vehicle’s cab.
The injured operative sustained multiple fractures, lacerations, scarring and abrasion, ligament reconstruction to his left knee and has undergone four operations which resulted in the amputation of two toes of his left foot. He has been unable to return to work since the incident.
An HSE investigation found that no suitable risk assessment of hazards arising from loading bundles of rebar onto reversing flatbed trailers had been carried out. The tandem forklift truck lifting operation was also not properly planned, supervised or carried out in a safe manner.
Breach
The Mersey Docks and Harbour Company Limited pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974.
Penalty
The Mersey Docks and Harbour Company Limited was fined £300,000 and ordered to pay costs of £7,593.55.
Director fined after worker impaled on a spike
Hafeez Ghafoor, formerly a director of the now-dissolved landscaping company R K United Ltd, has been sentenced for safety breaches.
On 25 August 2016 an employee of R K United Ltd was using a lorry loader crane to deliver a load of soil to a new house in Leeds. As he brought the crane arm down, his left arm was impaled on a spike, which was protruding from the control system. The impact also caused several bones in his arm to be shattered.
An HSE investigation found that the crane had severe defects, including a disabled safety system. Part of the safety guard around the controls had been cut off, leaving an exposed spike. In addition, the worker had not received appropriate training to operate the lorry loader crane.
Hafeez Ghafoor pleaded guilty to breaching Section 37 of the Health and Safety at Work etc. Act 1974.
Hafeez Ghafoor was given a 12-month prison sentence suspended for two years and ordered to complete 200 hours of community service.
Oil company fined following oil leak
BP Exploration Operating Company Limited has been fined following an uncontrolled release of fluids at the Sullom Voe Terminal in Shetland during 2012.
On 13 December 2012 work employees were working to drain a surge relief line connected to the Ninian pipeline system within the terminal complex.
During this procedure a hose was connected to single valve on the pipe and put unfixed into a manhole. After draining out the water, unstabilised crude oil at high pressure flowed through the hose. This led to the hose coming out of a man-hole, resulting in a ‘loss of containment’. The loss of containment was not noticed for approximately 30 to 40 minutes. During this time approximately 3.8 tonnes of extremely flammable, unstablised crude oil spilled on to the ground.
An HSE investigation found that between 12 November and 13 December 2012 BP Exploration Operating Company Limited had failed to take all measures necessary to prevent major accidents and to limit their consequences to persons and the environment.
BP Exploration Operating Company was found to have failed to identify and assess the hazards and risks arising from the non-routine task being undertaken.
BP Exploration Operating Company Limited pleaded guilty to breaching Regulation 4 of the Control of Major Accident Hazards Regulations 1999 and Section 33(1)(c) of the Health and Safety at Work etc. Act 1974.
BP Exploration Operating Company Limited was fined £400,000.
