October 24 - Compliance Update
John Garnett-Turner
FCMI, FIMI, Group Health & Safety Manager @ OHOB, Director @ Garnett-Turner Ltd, CEO @ Lion Solutions
When we talk about regulatory updates, we’re talking about staying ahead of the curve to ensure a safe, compliant, and efficient working environment for everyone involved.
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But here’s a thought – what happens if you don’t keep up with these updates?
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The main issue is straightforward. Without staying informed and compliant, your business could face significant risks, including accidents, injuries, or even worse outcomes for your employees or visitors.
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The secondary issue is the financial impact. Poor compliance management can potentially lead to hefty fines, legal fees, and a tarnished reputation.
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In this edition of SHEQ Insights, we’ll explore the latest regulatory changes and what they might mean for your business. From updates in health and safety regulations to new environmental standards, staying informed is crucial. Let’s dive into the key legislative changes and how they could impact your operations.
John Garnett-Turner,
FCMI, FIMI, TechIOSH, Cert (HE) Law
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Key legislative changes since our last update in April 2024, include:
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I know what you are asking….What Might This Mean for Us? Let me tell you:
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The Ionising Radiation (Medical Exposure) (Amendment) Regulations 2024
These regulations require employers and operators using ionising radiation equipment to collaborate and share relevant information more effectively. This includes revising equipment definitions, updating training requirements, and adjusting technical aspects.
Employers should prepare for increased licence fees and ensure radiation exposure is minimised without compromising diagnostic or therapeutic goals. These changes aim to enhance safety and efficiency in medical settings, ensuring that both patients and staff are protected.
For healthcare providers, this might mean a significant shift towards more stringent safety protocols and better communication channels. The emphasis on collaboration and information sharing is expected to lead to improved patient outcomes and a safer working environment for medical professionals. Additionally, the increased licence fees may necessitate budget adjustments, but the long-term benefits of enhanced safety and compliance are likely to outweigh the initial costs.
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The Energy Act 2023 (Commencement No. 2) Regulations 2024
This act brings significant changes to the oversight of gas and electricity industry codes. Businesses will need to adapt to new licensing requirements and management protocols for industry codes. The Act also exempts fusion energy facilities from nuclear site licensing, which could impact future energy projects. This shift is expected to streamline processes and encourage innovation in the energy sector, paving the way for more sustainable energy solutions.
For companies in the energy sector, these changes might represent both challenges and opportunities. Adapting to new licensing requirements will require careful planning and possibly restructuring of current practices. However, the exemption for fusion energy facilities opens up new avenues for research and development, potentially leading to groundbreaking advancements in sustainable energy. Businesses that can navigate these changes effectively will be well-positioned to lead in the evolving energy landscape.
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The Response to the Committee on Climate Change Report (Extension of Period) Order 2024
By December 19, 2024, the Secretary of State must present the response to the Committee on Climate Change (CCC) Report for 2024 to Parliament. This could influence strategic planning for businesses, particularly those with significant environmental impacts. Companies will need to stay informed and possibly adjust their strategies to align with new climate policies, ensuring they contribute to national and global sustainability goals.
This order underscores the importance of staying ahead of regulatory changes and being proactive in environmental stewardship. Businesses with significant environmental impacts should closely monitor the developments and be prepared to adjust their strategies accordingly. Aligning with new climate policies not only ensures compliance but also enhances corporate reputation and can lead to long-term cost savings through improved efficiency and sustainability practices.
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Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) (No. 1) Order 2024
This order updates schedules to revise renewable energy project lists. While there are no new responsibilities for organisations, staying informed about which projects receive support can guide investment and compliance strategies. This update highlights the importance of renewable energy in the current regulatory landscape, encouraging businesses to invest in sustainable projects.
For businesses in the energy sector, this amendment might provide a clearer picture of the renewable energy projects that are prioritised and supported by the government. Staying informed about these projects can help companies make strategic investment decisions and align their operations with national energy goals. Investing in renewable energy not only supports compliance but also positions businesses as leaders in sustainability, potentially attracting environmentally conscious consumers and investors.
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The Building Safety Act 2022 (Amendment Notices Transitional Provision) Regulations 2024
Amendment notices can now be issued when registered building controllers supervise high-risk building work, ensuring better oversight. This change impacts construction businesses, particularly those managing high-risk projects. Enhanced oversight aims to improve safety standards and reduce the risk of accidents, fostering a safer working environment.
For construction companies, this regulation might mean a heightened focus on safety and compliance. The ability to issue amendment notices ensures that any deviations from safety standards are promptly addressed, reducing the risk of accidents and enhancing overall project safety. This proactive approach to safety not only protects workers but also minimises the potential for costly delays and legal issues, ultimately contributing to more efficient and successful project completions.
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The Goods Vehicles (Licensing of Operators and International Road Transport Permits) (Amendment) Regulations 2024
This regulation updates operator license requirements, including eliminating certain documentation needs for Northern Irish drivers and correcting previous errors. Businesses in logistics should note these changes to ensure compliance and smooth operations. These updates are designed to simplify processes and reduce administrative burdens, making it easier for businesses to operate efficiently.
For logistics companies, these changes might mean a more streamlined and efficient licensing process. Eliminating unnecessary documentation reduces administrative workload and speeds up operations. Ensuring compliance with the updated requirements will help avoid potential legal issues and disruptions, allowing businesses to focus on delivering their services effectively and maintaining high standards of customer satisfaction.
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Building Control (Amendment) Regulations 2024
From September 1, 2024, constructing a dwelling requires a commencement notice and adherence to building control procedures, regardless of planning-exempt status. This affects developers and builders who must now navigate additional regulatory steps. These changes aim to ensure that all construction projects meet high safety and quality standards, protecting both builders and future occupants.
For developers and builders, this regulation might introduce additional steps in the construction process, emphasising the importance of compliance with building control procedures. While this may initially seem burdensome, the long-term benefits of ensuring high safety and quality standards are significant. Adhering to these regulations not only protects the safety of workers and future occupants but also enhances the reputation of construction companies as reliable and responsible builders.
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Waste Management (Food Waste) (Amendment) Regulations 2024
All commercial premises must segregate food waste for separate recycling or collection. Businesses will need to adjust waste management practices to comply with these new requirements. This regulation promotes sustainability and environmental responsibility, encouraging businesses to reduce their environmental footprint.
For businesses, this regulation might necessitate a review and adjustment of current waste management practices. Implementing effective food waste segregation systems can lead to improved sustainability and reduced environmental impact. While there may be initial costs associated with these changes, the long-term benefits of enhanced environmental responsibility and potential cost savings from more efficient waste management are substantial.
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Infrastructure (Wales) Act 2024
This act establishes a new consent regime for significant infrastructure projects in Wales, affecting businesses involved in large-scale development projects both onshore and offshore. This act aims to streamline the approval process for major projects, fostering economic growth and development in Wales.
For businesses involved in infrastructure development, this act might represent a significant shift towards a more streamlined and efficient approval process. By simplifying the consent regime, the act aims to reduce delays and uncertainties, enabling faster project initiation and completion. This can lead to increased investment and economic growth in Wales, benefiting both businesses and the broader community.
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Road Traffic and Roads Act 2023 (Commencement) (No. 2) Order 2024 (Ireland)
This order extends the period for vehicle insurers to inform the Minister about vehicles posing a danger or being beyond repair from 5 to 10 working days, impacting the insurance and automotive sectors. This extension provides more time for thorough assessments, ensuring that unsafe vehicles are identified and addressed promptly.
For the insurance and automotive sectors, this extension might allow for more comprehensive assessments of vehicles, ensuring that any potential dangers are identified and mitigated. This proactive approach to vehicle safety helps protect drivers and the public, reducing the risk of accidents and enhancing overall road safety. Additionally, it provides insurers with the necessary time to make informed decisions, potentially improving the quality of service provided to customers.
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ISO 45001:2018/Amd 1:2024
This amendment mandates organisations to evaluate the relevance of climate change and recognise interested parties’ specific requirements. This affects how businesses manage health and safety in the context of environmental factors. Integrating climate considerations into health and safety management reflects a holistic approach to risk management, promoting long-term sustainability.
For businesses, this might mean incorporating climate change assessments into their health and safety protocols. Recognising the interconnectedness of environmental factors and occupational health can lead to more comprehensive risk management strategies. This approach not only ensures compliance with the latest standards but also demonstrates a commitment to sustainability, which can enhance corporate reputation and stakeholder trust.
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The Building Safety Act 2022 (Commencement No. 5 and Consequential Amendments) (Wales) Regulations 2024
This regulation updates regulatory references and requirements for building control approvers, impacting those involved in building safety compliance. These updates aim to enhance the effectiveness of building safety regulations, ensuring that all stakeholders are well-informed and compliant.
For those involved in building safety compliance, this might mean staying updated with the latest regulatory changes and ensuring that all practices align with the new requirements. Enhanced building safety regulations can lead to safer construction practices and better protection for occupants, ultimately contributing to higher standards in the construction industry.
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The Climate Change (Reporting Bodies) Regulations (Northern Ireland) 2024
Public reporting bodies must create climate adaptation reports, influencing public sector entities, including education and health institutions. This regulation underscores the importance of transparency and accountability in addressing climate change, encouraging public bodies to take proactive measures.
For public sector entities, this might mean developing comprehensive climate adaptation reports that detail how they plan to address and mitigate the impacts of climate change. This proactive approach can help institutions better prepare for environmental challenges, ensuring continuity and resilience in their operations.
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The Civil Aviation (Environmental Protection) (Amendment) Regulations 2024
This regulation implements technical updates without changing organisational obligations, relevant to businesses in aviation. These updates ensure that aviation practices remain aligned with the latest environmental standards, promoting sustainability in the industry.
For businesses in aviation, this might mean staying informed about the latest technical updates and ensuring that all practices comply with current environmental standards. Aligning with these standards can help reduce the environmental impact of aviation activities and demonstrate a commitment to sustainability.
The Energy Performance of Buildings (England and Wales) (Amendment) Regulations 2024
This regulation introduces new requirements for energy performance certificates, impacting property owners and managers. These changes aim to improve energy efficiency in buildings, contributing to national energy conservation goals.
For property owners and managers, this might mean updating energy performance certificates to meet the new requirements. Improving energy efficiency in buildings can lead to cost savings and reduced environmental impact, aligning with broader sustainability goals.
The Separation of Waste (England) Regulations 2024
This regulation mandates the separation of recyclable materials from general waste, affecting waste management practices across various sectors. This regulation encourages businesses to adopt more sustainable waste management practices, reducing their environmental impact.
For businesses, this might mean implementing new waste separation systems to comply with the regulation. Adopting sustainable waste management practices can enhance environmental responsibility and potentially lead to cost savings through more efficient waste disposal.
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The Building (Amendment) (England) Regulations 2024
This regulation updates building standards to improve safety and energy efficiency, impacting construction and property management sectors. These updates aim to ensure that buildings are constructed to the highest standards, promoting safety and sustainability.?
For the construction and property management sectors, this might mean adhering to updated building standards that emphasise safety and energy efficiency. Ensuring compliance with these standards can enhance the quality and sustainability of buildings, benefiting both occupants and the environment.
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Road Traffic Act 2024 (Commencement) (No. 2) Order 2024
This regulation introduces new road safety measures, impacting transport and logistics companies. These measures aim to reduce accidents and improve safety on the roads, protecting both drivers and the public.
For transport and logistics companies, this might mean implementing new safety measures to comply with the regulation. Enhancing road safety can reduce the risk of accidents, protect drivers, and improve overall operational efficiency.
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Environment (Air Quality and Soundscapes) (Wales) Act 2024
This act sets new standards for air quality and noise pollution, affecting businesses in urban areas. This act aims to improve the quality of life in urban areas, promoting healthier and more pleasant environments.
?For businesses in urban areas, this might mean adopting practices that reduce air pollution and noise levels. Improving air quality and reducing noise pollution can enhance the well-being of employees and the community, contributing to a healthier and more sustainable urban environment.
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The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 2000 (Clarification)
This regulation clarifies disposal requirements for hazardous substances, impacting waste management and environmental compliance. These clarifications ensure that businesses handle hazardous substances safely and responsibly, protecting both people and the environment.
For businesses, this might mean reviewing and updating their hazardous waste disposal practices to ensure compliance with the clarified requirements. Proper disposal of hazardous substances can prevent environmental contamination and protect public health.
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Employment Rights Bill 2024
This bill introduces significant reforms to employment rights, including ending exploitative zero-hour contracts, establishing day-one rights for parental and bereavement leave, and strengthening statutory sick pay. This bill aims to boost economic security and growth for businesses and workers alike.
For employers, this might mean adjusting employment practices to comply with the new rights and protections. Enhancing workers’ rights can lead to a more motivated and secure workforce, potentially improving productivity and reducing turnover.
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Flexible Working Regulations 2024
This regulation allows employees to make two requests for flexible working per year, with employers required to respond within two months. This change aims to improve work-life balance and productivity.?
For businesses, this might mean accommodating more flexible working arrangements. Supporting flexible working can enhance employee satisfaction and productivity, leading to a more engaged and effective workforce.
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Carer’s Leave Act 2024
This act provides one week of unpaid leave per year for employees with caring responsibilities, applicable from the first day of employment. This act recognises the importance of supporting employees with caring responsibilities, helping them balance work and personal commitments.
For employers, this might mean implementing policies to support employees who are carers. Providing carer’s leave can improve employee well-being and loyalty, contributing to a more supportive and inclusive workplace.
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Protection from Redundancy (Pregnancy and Family Leave) Act 2024
This act extends redundancy protection for pregnant employees and those on parental leave to 18 months. This extension aims to provide greater job security for employees during critical life stages, promoting a more inclusive and supportive workplace.
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For businesses, this might mean updating redundancy policies to comply with the extended protections. Ensuring job security for employees during pregnancy and parental leave can enhance employee morale and retention.
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Paternity Leave (Amendment) Regulations 2024
This regulation allows employees to split their two weeks of paternity leave into two separate one-week blocks, providing greater flexibility for new fathers. This change supports work-life balance and encourages active parenting, benefiting both families and employers.
?For employers, this might mean accommodating more flexible paternity leave arrangements. Supporting active parenting can improve employee satisfaction and work-life balance, contributing to a more positive and productive workplace.
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Building a Culture of Prevention in Construction
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Did you know that around half of work-related ill health is due to stress, depression, or anxiety? On average, each person suffering from these conditions takes about 19.6 days off work per year. To mark World Mental Health Day earlier this month, Sam Downie, managing director of Mates in Mind, shared valuable insights on how to build a culture of prevention in the workplace. Creating a supportive work environment is crucial for mental health, and it starts with recognising and addressing the sources of stress.
The law requires all employers to prevent work-related stress to support good mental health in the workplace by conducting a risk assessment and acting on it. Ignoring stress at work can lead to reduced productivity, increased sickness absence, and even losing valuable team members. HSE’s Working Minds campaign (Linked at the end) offers practical tools to help. Here’s how you can support your workers to thrive:
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Asbestos - Duty to Manage Webinar Feedback
Earlier this year, HSE hosted a free webinar on the duty to manage asbestos, which was well-received by participants. The feedback highlighted three common themes that we’ve addressed with helpful resources:
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You can watch the free recording of the webinar and access additional resources through the HSE ‘Asbestos – Your Duty’ campaign (Linked Below). These include:
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HSE as a Market Surveillance Authority for Workplace Products
HSE plays a crucial role in monitoring and enforcing the safety of most products used in the workplace. This includes identifying and addressing any health risks associated with these products. HSE is responsible for notifying the Secretary of State about unsafe or non-compliant products and the measures taken by economic operators.
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Products that present a serious or high risk to health and safety, as well as those that have been recalled, are published on GOV.UK. Recent examples include:
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Building Control Approval: Updated FAQs
Since becoming the Building Control Authority (BCA) for all higher-risk buildings (HRBs) in England in 2023, HSE’s Building Safety Regulator (BSR) has produced a comprehensive FAQ guide. This guide explains how the BCA works and what BSR expects from the industry, including tips for submitting high-quality applications. Regularly updated based on industry feedback, the FAQ guide addresses common issues with rejected applications.
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Additionally, there is a BSR vlog available that explains important changes in building control for HRBs and Linked below. There you can:
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The Construction Industry Advisory Committee (CONIAC) Updates
CONIAC advises HSE on protecting people from health and safety hazards in the building, civil engineering, and engineering construction industries. With members from HSE, employers, employees, and key industry stakeholders (including SMEs), CONIAC delivers practical outcomes and resources through its working groups.
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The CONIAC website, linked below in References, offers valuable resources, including:
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Working Well Together (WWT): Upcoming Events
The CONIAC website also features regional groups that are part of the WWT initiative, which hosts health and safety events. Find your nearest WWT Group and get involved.
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Upcoming events include:
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References
As always, Stay safe and Stay Informed
John Garnett-Turner
Disclaimer
This newsletter has been prepared by John Garnett-Turner and is based on information from sources believed to be reliable. It aims to provide general guidance on recent regulatory updates and their potential implications for businesses.
However, it is not intended to serve as competent legal or professional advice.
Businesses, individuals, and advisors are responsible for conducting their own research and due diligence to ensure compliance with all applicable laws and regulations. This newsletter does not cover all possible updates or scenarios, and it is essential to consult with qualified professionals for specific advice tailored to your situation.
?While every effort has been made to ensure the accuracy of the information provided, no responsibility is assumed for any errors or omissions. The content is subject to change as new information becomes available and as regulations evolve.
? All rights reserved. This newsletter is intended solely for the recipients. It is not meant for reproduction or copying. Sharing of the newsletter link is allowed, and a PDF version is available on request.