United Kingdom
OELs
The HSC is considering changes to Occupational Exposure Limits (OELs). OELs are used to define a concentration of a hazardous substance in air, averaged over a specific time period, under the Control of Substances Hazardous to Health (COSHH) Regulations 2002 (SI 2002 No 2677). The consultation document proposes a single limit system, to be called a Workplace Exposure Limit (WEL), which would replace the current two-tier system. The proposals are designed to simplify the OEL system, making it easier for firms to comply with their legal duty to control workers’ exposure to chemicals. The OELs will be linked to good practice advice. Changes are likely to be made to the COSHH Regulations in 2004. The consultation closed on 31 December 2003.
(HSE, 1 October 2003)
A report prepared by a leading academic has found that the problems of setting and using OELs across Europe are similar to those of the UK. The findings support the proposals outlined in a consultation paper on the issue, summarised above.
(HSE Press Release, 4 November 2003)
Infection risks
The Advisory Committee on Dangerous Pathogens (ACDP) has published guidance on controlling the risks of infections acquired at work. The guidance is intended to outline employers’ legal duties under the COSHH Regulations 2002. It provides information on the sources and transmission routes of infections and potential control measures. Applicable to a range of industries, the guidance is aimed at all workers but it is especially relevant for those not directly working with biological agents, but who may be exposed during the course of their work.
(Department of Health, October 2003)
Asbestos
The latest predictions for the numbers of people likely to die as a result of mesothelioma, a form of cancer caused by asbestos, have been published by the HSE. The number of deaths from this cause in Great Britain is predicted to peak at 1,950 to 2,450 annually, from 2011 to 2015. This is lower than previously predicted in 1995, with the peak also occurring sooner than originally thought. However, the numbers are still substantial and the survey did not include asbestosis and asbestos-related lung cancer.
(HSE Press Release, 5 December 2003)
Offences and penalties
The Offences and Penalties Report of the HSE has been published and provides details of enforcement actions for 2002-2003. It shows that 933 companies, organisations and individuals were convicted of health and safety offences during the year. The average fine for health and safety cases fell by 21% from £11,141 in 2001-2002 to £8,828 in 2002-2003 due to the lower numbers of larger fines. The HSE has stated that it believes the level of fines for health and safety offences are too low to deter companies from committing serious breaches. It has brought attention to the fact that the levels are only a small fraction of the fines handed down for breaches of financial services legislation.
(HSE, November 2003)
COMAH
There were four major accidents during 2001-2002 at premises subject to the Control of Major Accident Hazards (COMAH) Regulations 1999 (SI 1999 No 743). Two of the four accidents were associated with serious and fatal injuries, although none caused any damage to the environment. Each of the accidents was reported to the European Commission by the competent authorities, consisting of the HSE and the EA in England and Wales. The accidents are described in this report, which also includes the consequences and enforcement action taken. The number of major accidents reported for 2001-2002 is similar to the average for recent years. The COMAH Regulations apply to around 1,100 establishments and require notification to the European Commission when there is a release of a specified quantity of a dangerous substance, specified harm to persons or the environment, or certain near misses.
(HSE Press Release, 4 November 2003)
DSEAR
Four Approved Codes of Practice (ACoP), intended to support the Dangerous Substances and Explosive Atmospheres Regulations (DSEAR) 2002 (SI 2002 No 2776) have been issued. The Regulations implement the Chemical Agents Directive (98/24/EC) and the Explosives Atmospheres Directive (99/92/EC). The ACoPs cover: design of plant, equipment and workplaces; storage of dangerous substances; control and mitigation measures; and safe maintenance, repair and cleaning procedures. They contain updated good practice and are designed to eliminate or reduce fire and explosion risks from dangerous substances. They effectively replace existing safety legislation that DSEAR revoked earlier in 2003. ACoPs are intended to give practical advice on complying with legislation. The four new Codes are not compulsory, but allow employers to take alternative actions.
(HSE, November 2003)
