HSC consultation on new noise regulations
The Health and Safety Commission (HSC) has published a consultative document on the proposed regulations and guidance implementing the European Physical Agents (Noise) Directive*, likely to extend protection to around one million new workers, in addition to the existing number protected under current law.
   The main changes from existing regulations involve a 5 decibel reduction in exposure levels at which action has to be taken - 80dB and 85dB, with a limit of 87dB on personal noise exposure. Some employers who have already taken action to control noise may have to do more whilst others who have been previously unaffected may now have to start taking action. Regulations come into force in February 2006.
  The limitation on personal noise exposure now permits hearing protection to be taken into account, ensuring that industry is not restrained in its activities providing it has done its best to reduce noise, and workers wear appropriate protection. The limitation on personal noise exposure was set at 87dB rather than 85dB.
  Where noise exposure varies from day to day, it can be averaged over a week rather than over eight hours, releasing many occasionally exposed workers from many of the Directive's provisions. The original requirement for health surveillance at 80dB has been qualified so that it only applies where there is a risk to health, avoiding unnecessary medical intervention since normally there is little risk to hearing at this level. (5 April 2004)
• Copies of the consultation document, Proposals for new Control of Noise at Work Regulations implementing the Physical Agents (Noise) Directive (2003/10/EC) (Ref: CD196) are available free from HSE Books, PO Book 1999, Sudbury, Suffolk, CO10 2WA, Tel: +44 (0) 1781 881165 or Fax +44 (0) 1787 313995. Copies can also be accessed on http://www.hse.gov.uk/consult/live.htm
* The Directive replaces a 1986 Directive (86/188/EC) that was implemented in the UK by the Noise at Work Regulations 1989

New health and safety strategy
A radical new strategy aimed at improving future standards of workplace health and safety in Great Britain has been launched, setting out a new direction for the health and safety system and the roles of HSC, the Health & Safety Executive (HSE) and Local Authorities (LAs).
  The intention is for the HSE and LAs to target resources on the areas of greatest need and be less active where risks are well managed. Key features include: focusing resources on poor performance to get best results; promoting greater involvement of workers; and making information readily accessible and providing clearer and simpler advice.
  It calls for new ways of working in providing support free from fear of enforcement and prioritising work - having the confidence to identify areas that are well controlled, and withdrawing from them.
  The strategy has been welcomed by the Chemical Industries Association (CIA) which supports the recognition of the need to adapt to the changing health and safety priorities of the workplace in the UK and provide accessible advice and support to business, as well as remaining an effective enforcement body. (23 February 2004)

Consultation on revising UK chemicals strategy
UK. The Government has published a consultation document seeking views on revising UK Chemicals Strategy for protecting human health and the environment from hazardous chemicals. Industry, environmental groups, health and safety professionals and others are encouraged to comment on the document called 'Protecting people and the environment from hazardous chemicals'.
  It sets out proposals to improve the effectiveness of protection measures relating to some synthetic, or man-made, chemicals, particularly those chemicals not covered by positive approval regimes. Currently, it is thought that there are around 30,000 chemicals produced in quantities of more than one tonne in the EU about which scientists know very little and the UK Chemicals Strategy, set out in 1999 to plug the gap in knowledge about the hazards and associated risks of some chemicals, was intended to tackle the huge backlog of untested chemicals.
  Now there are proposals for a new EU regulatory system known as REACH (Registration, Evaluation, and Authorisation of Chemicals) which is presently being negotiated by member countries. This is intended to provide faster, more effective risk identification and action. However, REACH is unlikely to take full effect for years and the proposals will be the subject of a separate UK Government consultation.
  One question that the present consultation raises is the extent to which the resources of any UK Chemicals Strategy should be reoriented towards pursuing maximum influence on the final form of REACH. Working with UK industry to prepare it for REACH will therefore form a major part of whichever option is chosen following consultation. (4 February 2004)

Manufacturer fined after incident
European Colour (Pigments) Ltd, Manchester, UK, has been fined £5,000 with costs of £11,200 for failing to classify a dangerous substance.
  Investigating an incident on 17 September 2002, the Health and Safety Executive found that the problem had been caused by boxes of pigment which had started to self-heat whilst stored in a parking area on a retail and industrial estate. Wisps of smoke and smell had been detected in a trailer containing the material and the emergency services were called out to make safe the situation.
  The pigment stored, Elijon Yellow XFW, is thermally unstable and prone to self-heating due to the reaction of its constituents. During combustion it emits fumes of carbon monoxide, carbon dioxide, oxides of nitrogen, hydrogen chloride and phosgene, which can cause serious injury if inhaled.
  The company pleaded guilty to one charge of breaching the Carriage of Dangerous Goods (Classification, Packaging and Labelling) Regulations 1996, Regulation 5 (1), because the dangerous goods were consigned without identifying the hazards or dangers, with a failure to provide information about the hazards of the goods, to mark and label them correctly and provide information to the vehicle operator and carrier. (22 January 2004)

REACH discussed by UK Government
Ministers have met with industry and the trade unions to discuss how best to implement new EU proposals for the European chemicals industry whilst maintaining industrial competitiveness. Defra minister Alun Michael and Lord Sainsbury, science and innovation minister, met with key representatives at a discussion held in advance of the publication of the Government's consultation paper on REACH (Registration, Evaluation and Authorisation of Chemicals) due later this year.
  There are currently over 100,000 chemicals registered as existing substances on EINECS (European Inventory of Existing Commercial Substances), with an estimated 30,000 marketed in volumes of 1 tonne and above. Concern about the inadequacies of knowledge about the majority of chemicals on the market and dissatisfaction with the progress of existing legislation is said to have been the reason why the EC put proposals forward for this new legislation.
  The new chemicals strategy, regarded as one of the most important pieces of legislation to emerge from the EC in recent years, is supported strongly by the Government because it improves information about chemicals in order to protect human health and the environment, but there is also a recognition of the benefits that chemicals bring and their importance to the UK economy. Striking a balance between protection and competitiveness is now seen as the challenge if REACH is to work in a cost effective way. (6 January 2004)

BCC laments implications of Directive
Following the second reading of the proposed Directive on Environmental Liability, the British Chambers of Commerce has expressed disappointment at the vote in the European Parliament.
  The proposal aims to establish a framework whereby environmental damage, defined in the proposal as ‘biodiversity damage’, ‘water damage’ and ‘land damage’, would be prevented or remedied through a system of environmental liability. It further states that, whenever possible, the operator that caused the environmental damage, or an imminent threat of such damage occurring, must, in accordance with the ‘polluter-pays’ principle, bear the cost associated with the implementation of preventive or restorative measures.
  Whilst supporting the aims of the Directive, Sally Low, director of policy at the BCC, has raised particular concerns about some of the implications for small businesses. ‘The acceptance by the European Parliament that a compulsory financial guarantee should be forced on businesses in five years time, if no insurance market develops, will punish small businesses who have no control over what the insurance providers may or may not do. There is a world of difference between developing legislation from the privilege of a theoretical perspective, but small businesses will have to deal with the enormous practical implications of this ill thought-out amendment’, she commented. (17 December 2003)

BSI issue standard to help compliance with Directives
The result of changing European Directives is an increasing amount of safety and design issues which affect producers, manufacturers and importers and exporters of machinery, electrical and electronic equipment. All machines now supplied within the European Economic Area must: satisfy wide-ranging health and safety requirements in terms of construction, moving parts and stability; in some cases be subjected to type examination by an approved body; and carry CE marking. To try and help unravel some of the intricacies, BSI has produced a number of publications, workshops and seminars.
  Those needing to comply with the safety requirements of the Machinery Directive 98/37/EC (amended by Directive 98/79/EC) will find BS EN ISO 12100:2003 Safety of Machinery - Basic concepts, general principles for design useful. It comes in two parts and helps identify hazards, estimate risks and evaluate them. Aimed at designers, the standards provide an overall framework and guidance to produce machines and equipment that are safe and relevant for their intended use.
  Part 1: Basic terminology and methodology (price: £88.00 (BSI members: £44.00)), as its name implies, defines the basic overall terminology and methodology used when designing machinery and producing safe equipment. Part 2: Technical principles (price: £88.00 (BSI members: £44.00)) helps designers achieve safety in the design of machinery by setting out inherent design measures, including details of safeguarding and complementary protective elements for different uses, and at varying stages of machine operation.
  If your organisation is active in new product development, it is important that export strategies include the necessary checks to ensure that equipment complies with the rules and regulations of a particular market. BSI's international survey (price: £295.00) details certification and approval requirements in 60 countries.
  For those wrestling with the problem of CE marking, BSI has also published a guide to the European Directive (price: £180.00) and is offering practical hands-on advice through courses. CE Marking, Safety and Design balancing the law, technical issues and market requirements is a seminar conducted either at the client’s premises or at BSI offices. (27 November 2003)
• To order any of the publications contact BSI on Tel: +44 (0)20 8996 9001 or email: cservices@bsi-global.com Contact: Graham Puddephatt for course details Tel: +44 (0)1442 278582 email: graham.puddephatt@bsi-global.com

Government announces packaging waste recovery and recycling targets
Business recovery and recycling targets for 2004-2008 and other changes have been announced by the Government which are expected to come into effect on 1 January 2004.
  Announcing the changes, Elliot Morley, Minister for Environment and Agri-Environment, said that recycling of packaging waste would have to increase if the UK is to achieve the challenging recycling objectives set out in the Government's Waste Strategies and help the UK to meet expected EU Directive targets in 2008.
  The intention is to increase business targets for packaging waste from the present 59 per cent recovery and 19 per cent material-specific recycling as follows: paper - 65 per cent (2004) rising to 70 per cent (2008); glass - 49 per cent (2004) rising to 71 per cent (2008); aluminium - 26 per cent (2004) rising to 35.5 per cent by 2008; steel - 52.5 per cent (2004) rising to 61.5 per cent (2008); plastic - 21.5 per cent (2004) rising to 23.5 per cent (2008); and wood - 18 per cent (2004) rising to 21 per cent (2008).
  Mr Morley said that the overall recovery target (63 per cent for 2004 rising to 70 per cent for 2008) had been set to take account of possible changes in operations which incinerate waste with energy recovery. He said that the recovery target would have to be met increasingly through recycling to ensure that the UK achieves at least 50 per cent in 2004 and is able to increase this to the required minimum 55 per cent in 2008.
   Some energy recovery can still be carried out for the moment, but to meet EU targets, this will have to be achieved through operations such as Refuse Derived Fuel (RDF) and co-incineration Energy from Waste ( EfW), where there is still room for growth. (20 November 2003)

Vibration regulations proposed
Hand-arm vibration is a major cause of occupational ill-health with Courts awarding large compensation claims, including an estimated £3bn for 165,000 ex-miners and, most recently, £212,000 for a railway employee. The Health and Safety Commission (HSC) has just published two consultative documents on proposed new regulations and guidance implementing the European Physical Agents (Vibration) Directive.
  The Control of Vibration at Work Regulations will require employers to take action to prevent their employees from developing diseases caused by exposure to vibration at work from equipment, vehicles and machines.Two distinct types of vibration hazard are covered: hand-arm vibration from using power tools and holding materials that vibrate when fed into machines; and whole-body vibration from sitting or standing on industrial machines or moving vehicles.
  The proposed Regulations will specify daily levels of vibration exposure and employers will be required to take action to control risks and prevent further daily exposure. Regulations come into force by July 2005 to implement the European Directive. (17 November 2003)
• The documents - Proposals for new Control of Vibration at Work Regulations implementing the Physical Agents (Vibration) Directive (2002/44/EC) Hand-arm Vibration (ref no CD190) and, Proposals for new Control of Vibration at Work Regulations implementing the Physical Agents (Vibration) Directive (2002/44/EC) Whole-body vibration (ref no CD191) - are available on the HSE website:
www.hse.gov.uk/consult/index.htm

New working time proposals for the road transport sector
The Department for Transport has published a consultation document on new working time proposals for the road transport sector which will form the basis for transposing the Road Transport Directive (RTD), to be implemented by 23 March 2005. The proposals are designed to provide extra protection for drivers (and crew) of heavy goods and public service vehicles under EU drivers' hours rules.
  The RTD supplements these rules, as well as other provisions recently introduced under the Working Time (Amendment) Regulations 2003. The main provisions of the RTD are as follows: limit weekly working time to an average 48 hours (typically over a 4 month period); allow up to 60 hours work to be performed in a single week, as long as the average 48 hour limit is maintained; restrict night workers to 10 hours working time for any 24 hour period; include additional entitlements for taking ‘breaks; employers to keep working time records for 2 years; and self-employed drivers to be subject to the RTD from 23 March 2009.
  The Government is also proposing: to define ‘night time’ as a four hour period between midnight and 04.00 am and to use examiners from the Vehicle & Operator Services Agency to enforce the RTD.
  In addition, the Government is seeking views on whether it should implement either of the two derogations under the RTD allowing night workers to work longer than 10 hours and permit average working time to be calculated over a longer 6 month period. Unlike other working time legislation, the RTD does not allow individuals to opt-out of the average 48 hour weekly limit. (October 2003)
• Both documents can be found on the DfT website at: http://www.dft.gov.uk/freight/rtd

BSI highlights ISO 9001:2000 deadline
Latest figures from BSI Management Systems indicate that as few as 60 - 65 percent have updated to ISO 9001:2000 quality management standard from the old ISO 9000 certificates (introduced in 1994). Companies have until 15 December to transfer.
  Errol Taylor, head of global marketing, says that while national figures have improved significantly over 2003, time is now running out. BSI emphasise that the transition to the new standard is a vital step for businesses wanting to maintain a competitive advantage and acceptability in today's increasingly sophisticated and global supply chains.
  ISO 9001:2000 was created in response to feedback for quality systems to be more flexible and closely aligned to strategic objectives. The standard has four distinct benefits: less red tape - companies will find it easier to show that they satisfy regulatory requirements; focus on customer satisfaction - the updated standard helps companies ensure that customer service is vital to their operation; more flexible - the updated standard is more flexible, enabling companies to run quality management systems in a way that is most relevant to them; and with a focus on continual improvement - based on the proven cycle of Plan, Do, Check and Act.
  It is worth noting that the ISO survey shows that there has been considerable growth of certification to ISO 9001:2000 in the Far East with China leading the way. (August 2003)
• Organisations looking for certification should contact BSI Management Systems Helpdesk on 020 8996 7720

Consultation on emissions trading
The UK Government has issued a consultation on the new European Union Emissions Trading Scheme (ETS), due to come into effect in January 2005, covering issues such as: the method by which the UK's overall cap should be distributed to individual installations; how new entrants and closed installations should be treated; and what proportion of allowances should be allocated each year.
  The Greenhouse Gas Emission Allowance Trading directive requires member state governments to set a cap on the total allowable carbon dioxide emissions from installations covered by the scheme. It is the job of the UK Government to prepare a National Allocation Plan by 31st March 2004, setting out the allowances it intends to allocate to UK installations. The scheme, a key component of the UK's long-term environmental and energy targets, will cover power generation, mineral oil refineries, offshore installations and other heavy industrial sectors such as steel, paper and pulp, cement, glass and bricks. An energy White Paper published in February set the target of reducing greenhouse gases by 60 percent by 2050.
  The consultation suggests what methods should be used to distribute allowances for individual installations and businesses. This work will go towards devising the National Allocation Plan which will be consulted on in more detail later in the year. (August 2003)

DEFRA proposals on packaging waste recovery and recycling targets
Proposals to set UK businesses new targets for the recovery and recycling of packaging waste have been published by the Department for the Environment, Food and Rural Affairs (Defra). The consultation paper contains proposed revisions to business recovery and recycling targets for packaging waste for the next four years, from 1 January 2004 until 31 December 2008. Current business targets are 59% overall recovery and 19% material specific recycling.
  EU proposed targets are: a minimum target of 60% for overall recovery of packaging waste and 55% for overall recycling; and minimum recycling targets for each material as follows: 60% for glass and paper/board; 50% for metals; 22.5% for plastics and 15% for wood. These targets to be met by 31 December 2008.
  Minister for the Environment, Elliot Morley said that the amount of packaging waste recycled in the UK will have to increase - not only to achieve challenging objectives set out in the Government's Waste Strategy 2000 but also to meet higher EU packaging targets by 2008.
  The consultation paper not only considers the likely Directive targets but also takes into account other issues, some of which were recommended by the Advisory Committee on Packaging (ACP) which set up four task forces last year to provide input into the packaging consultation. The ACP's recommendations are designed to ensure that the UK meets the targets in the revised Packaging Directive and to improve the operation of the current packaging Regulations.
  The consultation paper considers a number of issues on which there might be changes made to the Producer Responsibility Obligations (Packaging Waste) Regulations 1997 (as amended) and the parallel statutory instruments in the devolved administrations and takes account of the ACP's recommendations.
• The EC Directive on Packaging and Packaging Waste 94/62/EC sets target levels of recovery and recycling that were to be met in 2001. The targets for the next 5-year phase have been under negotiation. However, a recent vote in the European Parliament has revealed what the recovery and recycling targets will be and the year in which the UK needs to achieve them. The Producer Responsibility Obligations (Packaging Waste) Regulations 1997 (as amended), and the parallel statutory instruments in the devolved administrations, implement the Directive in the UK.
• The Producer Responsibility Obligations (Packaging Waste) Regulations came into force in 1997 in GB and in 1999 in NI. These Regulations transpose, in particular, the targets for recovery and recycling of packaging waste in the Directive.
• Any business handling more than 50t of packaging and with a financial turnover of more than £2m will be obligated if it performs one or more of the following activities: manufacturing raw materials for packaging; converting materials into packaging; filling packaging; selling packaging to the final user; importing packaging or packaging materials into the UK.

ISO updates certification guidelines
Free, updated guidelines in electronic form, which provide organisations with good practice for publicising their certification to the ISO 9001 and ISO 14001 standards, are now available on the International Organisation for Standardisation (ISO) website.
   Publicising your ISO 9001 or ISO 14001 certification is designed to eliminate false, misleading or confusing statements in communications about certification which could potentially harm the credibility of an organisation. The aim is to promote good practice when publicising, communicating and promoting certification to staff, customers and business partners, and to the general public.
  Users will find the guidelines useful when preparing promotional and communication material such as press releases, advertisements, marketing brochures, videos, staff announcements, logos, slogans and catch lines for media purposes, ranging from print and broadcasting, to the internet and multi-media applications, to signs, banners, vehicle fleets, etc.
  The new edition takes account of ISO 9001:2000, the single standard that has replaced the 1994 versions of ISO 9001, ISO 9002 and ISO 9003. Therefore, both the ISO 9000 (quality) and ISO 14000 (environment) families of standards now contain only one certification standard: respectively, ISO 9001:2000 and ISO 14001:1996. An organisation can therefore have its quality or environmental management system audited against the relevant standard by a specialised independent body, which then issues a certificate of conformity.
  ISO points out that ISO 9001 and ISO 14001 give generic requirements for management systems, not requirements for specific products or services. In particular, certification marks of conformity are not to be displayed on products, or on product packaging, or in any way that may be interpreted as denoting product conformity.
www.iso.ch

...... and watch the ISO deadline
ISO 9001 2000 replaced the old ISO 9001 1994 standard and, in addition, the old ISO 9002 1994 and ISO 9003 1994 quality standards have been discontinued.
  Praxiom Research Group Ltd reminds users that if they're now ISO 9001 certified, they will have to update their quality system in order to meet the new ISO 9001 2000 requirements. And, if they're ISO 9002 or ISO 9003 certified, they will have to become ISO 9001 2000 certified.
  The deadline for making the transition is the 15 December 2003.
www.praxiom.com

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