Enterprise and Regulatory Reform Act
On 1 July 2013 came further news on the Enterprise and Regulatory Reform Act that will come into force for all new causes of action which happen on or after 1 October this year and which removes civil liability for breaches, meaning claimants in new claims will have to rely on allegations of negligence. We were waiting for confirmation as to what existing Regulations the Government would exclude from the effect of the new law so as still to give rise to civil liability. We now have the answer with the publication of the Health and Safety at Work etc. Act 1974 (Civil Liability) (Exceptions) Regulations 2013 which confirms that only protection given to pregnant workers will retain protection, and all other regulations will no longer attract civil liability.
RIDDOR reporting changes – HSE guidance now available
HSE has announced further proposed changes to RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences), set to come into force in October this year.
Following on from the relatively recent amendments to the criteria for reporting certain incidents to the enforcing authority under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR), details of more proposed changes have now been published. The changes are set to take effect in October this year, and although they are still awaiting parliamentary approval, HSE has taken the decision to publish draft guidance to afford businesses the time to familiarise themselves with the new rules.
The aim of the changes is to further clarify and simplify reporting requirements and include:
- replacing the existing “major injuries” classification with a shorter list of eight “specified injuries”;
- replacing the existing schedule of industrial diseases with eight simpler categories of reportable work-related illness;
- reducing the types of “dangerous occurrence” that need reporting.
There are no significant changes to the reporting requirements for fatal injuries, accidents to non-workers (members of the public), or incidents resulting in a worker being unable to perform their normal range of duties for more than seven days.
As things stand, the simplified list of eight “specified injuries” will be:
- fracture, (other than to fingers, thumbs and toes);
- amputation (of an arm, hand, finger, thumb, leg, foot or toe);
- permanent loss or reduction of sight;
- crush injury leading to internal organ damage;
- severe burn (covering more than 10% of the body, or damaging the eyes, respiratory system or other vital organs);
- scalping (separation of skin from the head) which requires hospital treatment;
- loss of consciousness caused by head injury or asphyxia;
- any other injury arising from working in an enclosed space, which leads to hypothermia, heat-induced illness or requires resuscitation or admittance to hospital for more than 24 hours.
The eight reportable work-related illness categories will be:
- carpal tunnel syndrome;
- severe cramp of the hand or forearm;
- occupational dermatitis;
- hand-arm vibration syndrome;
- occupational asthma;
- tendonitis/tenosynovitis of the hand or forearm;
- any occupational cancer, and;
- any disease attributed to a work related exposure to a biological agent.
For further information please contact Dominic Graham, Health, Safety & Environmental team, on 0161 603 5109 or at dominic.graham@dwf.co.uk
Abestos ACOP
A consultative document seeks views on HSE's proposed consolidated version of the Approved Code of Practice (L143) - Work with materials containing asbestos Control of Asbestos Regulations 2006 incorporating the Approved Code of Practice (L127) - The management of asbestos in non-domestic premises. The ACOP has been revised in response to Professor Löfstedt's independent review of health and safety legislation 'Reclaiming health and safety for all'. The consultation aims to establish if the changes make it easier for employers to understand and meet their legal obligations. This closes on 30 September 2013.
EL & PL insurance – ABI publication
An Association of British Insurers publication sets out information on employers' liability (EL) insurance and explains the difference between EL and public liability insurance, the Health and Safety at Work Act 1974 and includes a simple to follow table addressing common concerns around adherence to health and safety guidelines.