The Hazardous Waste (England and Wales) Regulations 2005 took effect in mid-July, and replace the Special Waste Regulations 1996. They set out a new regime for the control and tracking of hazardous waste. The requirements arise from the Hazardous Waste Directive agreed in Europe.

The Control of Noise at Work Regulations 2005 were laid before Parliament at the end of June, and will take effect on 6 April 2006. There are exceptions for the music and entertainment sector, where a further two years are allowed for compliance, and on seagoing ships where there is a five year lead-in time. The current Noise at Work Regulations 1989 will be revoked.

The lower exposure action level is 80dB(A), and the upper level is 85dB(A). Existing duties to provide hearing protection upon request at the lower level, and to provide and enforce its use at the higher level, are retained.

Amongst other requirements, the regulations introduce; a specific requirement for a noise risk assessment where exposure at or above 80dB(A) is likely to arise, a duty to carry out audiometric (hearing) tests where there is a risk of damage to hearing, and duties to train and instruct workers. It is interesting to note that an employee will not be able to refuse to undergo a hearing test if the employer’s risk assessment has found that noise levels are liable to present a risk to hearing.

Clients, particularly those whose assessments showed noise levels close to the old action level, should consider undertaking new assessments and using the next few months to put appropriate engineering or other control measures in place in order to comply from April.

The Control of Pollution (Oil Storage) Regulations 2001 came into force on the 1st March 2002 and by the 5th September 2005 it will be mandatory to comply.

From that date oil or fuel shall be stored in a container that has a secondary containment system. The containment system must have a capacity of not less than 110% of the container’s storage capacity.

The regulation applies to everywhere that oil of fuel is stored above the ground in quantities in excess of 200 litres.

After a delay of many years, the radical reform to fire safety legislation has finally been approved by Parliament. With effect from April 2006, the Fire Precautions Act 1971 and all the associated legislation such as the Fire Precautions (Workplace) Regulations 1997 will become history. Fire certificates will be abolished and lose their legal status. The Regulatory Reform (Fire Safety) Order 2005 will then place the responsibility for fire safety in virtually all non-domestic premises upon the employer or person responsible for the premises. That person will be required to assess risks and introduce whatever control measures are necessary to remove or control risks. The fire authorities will still inspect premises, but only those deemed to be of higher risk.

PHSC has developed specialist audits for the call-centre and care home environments which examine the unique risks in these fast growing areas of employment. Please call for further details.