The SSS Register of Legislation, issue O has been released to those companies that SSS has worked with on ISO 14001 or OHSAS 18001 certification.

Here is a list of the legislation that has changed, or is new, along with links to guidance or the legisltion itself.

Health & Safety, Environmental and QA Services and Systems

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Legislation Update
Legislation What it's about Link
Fluorinated Greenhouse Gas Regulations 2009 Technically, these revoke the Fluorinated Greenhouse Gases Regs 2008 but they make reference to Reg. 6 and 7 in the 2008 regs. www.opsi.gov.uk/si/si2009/
uksi_20090261_en_1
The Ozone-Depleting Substances (Qualifications) Regs 2009

These revoke the Ozone-Depleting Substances (Qualifications) Regs 2006 and Ammendent Regs 2008.

Specifies competence to carry out work on equipment containing ozone depleting substances. Can be:

  • City & Guilds Certificate in Handling Refrigerants Scheme or
  • Construction Industry Training Board Safe Handling of Refrigerants
Amends qualifications needed to recover, recycle or destroy substances. Makes it an offence to, or employ someone to, work with controlled substances or methyl bromide unless qualified.

 

www.opsi.gov.uk/si/si2009/uksi_
20090216_en_1

Waste Batteries & Accumulators Regs.2009

Establishes a legal framework and schemes for collecting, treating and recycling portable, industrial and vehicle batteries. Applies to all types of batteries except when used for military and space equipment.
Main obligations are on producers and distributors.  A distributor must take back:

  • Waste portable batteries at no charge and
  • Waste industrial batteries at no charge when being replaced by an equivalent

Waste industrial or automotive batteries must not be put in a landfill site.

www.opsi.gov.uk/si/si2009/
pdf/uksi_20090890_en.pdf

Environmental Noise (England) (Amendment) Regulations 2009 Environmental Noise (Wales) (Amendment) Regulations 2009 Makes changes to the definition of ‘consolidated noise map’ and to the identification of noise sources and ‘quiet areas’.

www.opsi.gov.uk/si/si2009/
uksi_20091610_en_1

www.opsi.gov.uk/legislation/
wales/wsi2009/wsi_20090047_en_1

Waste Controls (England and Wales) Regs 2009

Is not yet enacted but will replace:

  • Environmental Protection (Duty of Care) Regs 2003
  • Hazardous Waste Regs. 2005

Simplifies the regulations by combining two into one.

Environmental Damage (Prevention and Remediation) Regs. 2009

Specifies obligations to:

  • Take all practicable steps to prevent environmental damage where there are reasonable grounds to believe that it could occur.
  • Prevent further damage

Specifies how liability for the damage may be determined,

www.opsi.gov.uk/si/si2009/
uksi_20090153_en_1

Health & Safety (Offences) Act 2008

Sentences can now be more easily set at a level (fines/imprisonment) to deter businesses that do not take their health and safety management responsibilities seriously.  Irrelevant factors when defending prosecution are:

  • Size of company
  • Lack of ability to provide its own specialist safety and other personnel

www.opsi.gov.uk/acts/acts2008/
ukpga_20080020_
en_1

Regulatory Enforcement & Sanctions Act 2008

Gives HSE and other bodies right to apply for sanctioning powers:

  • Money (capped at £5000)
  • Discretionary requirements, e.g. to require a defaulter to pay a monetary penalty to the HSE or to take specified steps to prevent an offence continuing or recurring; and
  • Enforcement undertakings, e.g. to permit the HSE to accept an undertaking from a defaulter that certain actions will be taken within a specified time.

www.opsi.gov.uk/acts/acts2008/
pdf/ukpga_20080013_en.pdf

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