Recent HSE announcements have particular interest for the operators of temperature-controlled facilities
0National 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].
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