Maurice Young Consulting has been approached recently by a number of clients who have been asked during their annual insurer’s risk inspections to demonstrate that their ammonia refrigeration plants are compliant with the Dangerous Substances and Explosive Atmospheres Regulations 2002.  In one case the client has been given 60 days to confirm in writing the action that they have taken to address their current non-compliance.

The ATEX 137 Directive was formally adopted into law in the UK in 2003 and requires that all companies operating with areas, (including those containing ammonia refrigeration plant), classified as ‘Hazardous’ classify their production areas into zones and assess the risks both to their employees and their plant assets.  So why are we still getting enquiries from people asking “…What is DSEAR all about, and does it apply to me…?”

Maurice Young Consulting believes there are several underlying reasons behind this:

Firstly, some people have found it difficult to understand the standards that support the legislation, particularly those associated with non-electrical ignition sources. It’s one thing to have to spend money on achieving compliance, another if you misinterpret the requirements of the legislation and end up spending money and still find that you are not compliant. Unfortunately, lack of understanding of the requirements is no excuse for lack of action in the eyes of the HSE, and indeed the insurance companies. Certain aspects of DSEAR/ATEX can appear confusing, but this legislation is all about personnel safety, allowing the workforce to understand the issues associated with their place of work, and ensuring that the number of accidents and injuries to persons operating in these industries is reduced.

Secondly, the HSE is putting a higher priority on health and safety of operations involving flammable materials.   In fact, the HSE have already started to bring prosecutions to court for non-compliance with DSEAR/ATEX, (and have a 100% conviction record to date).  Whilst this is enough of an incentive for most organisations to get moving towards compliance at the earliest opportunity, there are still some who prefer to ‘stick their heads in the sand’, and hope that the HSE doesn’t come knocking on their door..!

So how can Maurice Young Consulting help…?

Maurice Young Consulting has successfully supported a number of well-known clients through the compliance process for the ammonia refrigeration plants with the minimum of disruption and cost.  This has all been achieved by following a scalable and phased approach to compliance developed by our in house specialists.

Whilst all clients are in a different position in relation to DSEAR/ATEX compliance, there are a number of common steps that can be applied to the compliance process.  With this in mind we have developed a simple phased approach designed to:

  • Minimise the costs
  • Make the cash flow predictable by spreading expenditure into ‘bite sized pieces’
  • Allow the client to develop his understanding of the compliance issues.
  • Demonstrate to the HSE that the client understands the compliance process and is moving forward in a logical fashion.

The Chartered Institute of Logistics and Transport has welcomed the publication of Transport for London’s (TfL) ‘transport legacy – one year on’ report.

The TfL report looks at the transport legacy of the Olympics and builds on CILT’s own report on the summer 2012 logistics legacy, Maintaining Momentum, released earlier this year.

TfL’s report reveals the most visible Games legacy is the £6.5bn invested in new and improved infrastructure, providing greater capacity and reliability across the transport network, including to Queen Elizabeth Olympic Park.  The Mayor and TfL are now working to build upon this legacy through further investment in new, upgraded and extended transport links and road networks, with unprecedented levels of collaboration between transport operators being maintained.

CILT’s Maintaining Momentum report, extensively referenced in the Mayor’s Road Task Force report issued last week, calls for greater use of night time Quiet Deliveries and increased communication and collaboration between TfL and freight operators.  CILT is pleased that these recommendations have been adopted in TfL’s legacy report.

Following the success of the Freight Demand Management programme for the London 2012 Games, TfL has set up a Freight Delivery Unit and will continue the Freight Forum, which brings together those making, receiving and managing freight and logistics in London, to build on the lessons from the Games.

TfL issued a Code of Practice, encouraging the use of ‘Quiet Deliveries’ of goods during non-standard delivery hours, the success of which has led TfL to develop permanent guidance.  This is expected to be published in early 2014.  The Department for Transport already has a commitment, from the Logistics Growth Review in 2011, to re-write its existing guidance on Quiet Deliveries.  This is expected to be published this summer, and it, too, will incorporate lessons learned from the Games.

CD254 – Consultation on Dangerous Substances and Explosive Atmospheres Regulations 2002

This consultative document seeks views on HSE’s proposed consolidated version of the following parts of the Approved Code of Practice on the Dangerous Substances and Explosive Atmospheres Regulations 2002 (DSEAR). L134 – Design of plant, equipment and workplaces; L135 – Storage of dangerous substances; L136 – Control and mitigation measures; L137 – Safe maintenance, repair and cleaning procedures; L138 – Dangerous Substances and Explosive Atmospheres.

Stakeholder organisations have contributed to the exercise which has resulted in the five existing ACOPs being consolidated into a revised L138, which updates the contents and features:

  • Greater clarity and increased use of ‘at-a-glance’ lists and a reduction in the use of large blocks of text
  • Promotion of limited Regulation 7 guidance text to ACOP. Demotion or removal of repetitious ACOP text
  • An emphasis on proportionality and the avoidance of a proliferation of overlapping risk assessments
  • For convenience, the Schedules relating to Regulations 6 and 7 moved from the end of the document to accompany the relevant regulation
  • Updating of the regulatory sections of text to include minor changes made since 2002.

The Regulations are unchanged and so there are no new requirements for compliance.

View the consultative document CD254

 

CD258 – Consultation on Legionnaires’ disease: The control of legionella bacteria in water systems (L8)

This Consultative Document (CD258) sets out proposals from HSE to publish an updated Approved Code of Practice (ACOP) on Legionnaire’s disease: ‘The control of legionella bacteria in water systems’.

The consultation provides an opportunity to comment on whether the draft ACOP text provides legal clarification and proportionate advice in low risk scenarios. The accompanying guidance provides advice on achieving compliance, and information of a general nature including explanation of the requirements of the law, specific technical information or references to further sources of information.

The revised ACOP gives practical advice on the legal requirements of the Health and Safety at Work etc Act 1974 and the Control of Substances Hazardous to Health Regulations 2002 (COSHH) and applies to the risk from exposure to legionella bacteria and includes information of a general nature including explanation of the requirements of law.

The key changes include:

  • Some guidance assigned ACOP status to clarify legal requirements where there is an accepted Industry method of compliance.
  • Some text changed from ACOP to guidance status where the changes do not impact on practical compliance requirements.
  • Simplified terminology.
  • Proportionality in low risk scenarios emphasised.

View the consultative document CD258

The European Commission believes the charges issued to passengers and freight transporters using the Channel Tunnel are “excessive”.

Vice president of the organisation Siim Kallas said the access route between England and France is not being used to its full capacity because people are put off by the price. This, he suggested, is stifling growth.

“As a result, more freight is being carried on lorries instead of by rail, freight operators and their customers are being over-charged and passenger are paying over the odds for their tickets,” he remarked.

Groupe Eurotunnel – the company that runs the tunnel – said access charges are calculated under the terms of the Railway Usage Contract, which was signed in 1987.

The fact that many logistics firms are shunning rail freight when transporting goods to mainland Europe will concern the UK government, which is keen to take as many HGVs off the road as possible, as it strives to slash the nation’s carbon emissions.

National Local Authority (LA) Enforcement Code

The LA National Code [pdf] sets out the risk based approach to targeting health and safety interventions to be followed by LA regulators.

The Code provides a principle based framework that recognises the respective roles of business and the regulator in the management of risk, concentrating on four objectives:

  • Clarifying the roles and responsibilities of business, regulator and professional bodies
  • Outlining the risk-based approach to regulation that LAs should adopt
  • Setting out the need for training and competence of LA H&S regulators
  • Explaining the arrangements for collection/publication of LA data and peer review to give assurance on meeting the requirements of the Code.

The currrent list of activities/sectors suitable for targeting proactive inspection [pdf] by LAs, referred to in the Code can be viewed by following this link.

 

CD258 – Consultation on Legionnaires’ disease: The control of legionella bacteria in water systems (L8)

This Consultative Document (CD258) sets out proposals from HSE to publish an updated Approved Code of Practice (ACOP) on Legionnaire’s disease: ‘The control of legionella bacteria in water systems’.

The consultation provides an opportunity to comment on whether the draft ACOP text provides legal clarification and proportionate advice in low risk scenarios. The accompanying guidance provides advice on achieving compliance, and information of a general nature including explanation of the requirements of the law, specific technical information or references to further sources of information.

The revised ACOP gives practical advice on the legal requirements of the Health and Safety at Work etc Act 1974 and the Control of Substances Hazardous to Health Regulations 2002 (COSHH) and applies to the risk from exposure to legionella bacteria and includes information of a general nature including explanation of the requirements of law.

The key changes include:

  • Some guidance assigned ACOP status to clarify legal requirements where there is an accepted Industry method of compliance.
  • Some text changed from ACOP to guidance status where the changes do not impact on practical compliance requirements.
  • Simplified terminology.
  • Proportionality in low risk scenarios emphasised.

View the consultative document [pdf].

 

CD254 – Consultation on Dangerous Substances and Explosive Atmospheres Regulations 2002

This consultative document seeks views on HSE’s proposed consolidated version of the following parts of the Approved Code of Practice on the Dangerous Substances and Explosive Atmospheres Regulations 2002 (DSEAR). L134 – Design of plant, equipment and workplaces; L135 – Storage of dangerous substances; L136 – Control and mitigation measures; L137 – Safe maintenance, repair and cleaning procedures; L138 – Dangerous Substances and Explosive Atmospheres.

Stakeholder organisations have contributed to the exercise which has resulted in the five existing ACOPs being consolidated into a revised L138, which updates the contents and features:

  • Greater clarity and increased use of ‘at-a-glance’ lists and a reduction in the use of large blocks of text
  • Promotion of limited Regulation 7 guidance text to ACOP. Demotion or removal of repetitious ACOP text
  • An emphasis on proportionality and the avoidance of a proliferation of overlapping risk assessments
  • For convenience, the Schedules relating to Regulations 6 and 7 moved from the end of the document to accompany the relevant regulation
  • Updating of the regulatory sections of text to include minor changes made since 2002.

The Regulations are unchanged and so there are no new requirements for compliance.

View the consultative document  [pdf].