The Control of Substances Hazardous to Health (Amendment) Regulations 2004 were published in December.

The main change is to do away with maximum exposure limits (MELs) and occupational exposure standards (OESs), replacing these with new workplace exposure limits (WELs). An updated edition of EH40, the document that sets out the exposure limits, will be produced in time for April 2005 when the new standards take effect. It is hoped that the single standard will eliminate many of the misunderstandings that were caused by having a two-tier system.

The existing duty to review control measures at suitable intervals has been expanded. Employers will have an explicit obligation to review their systems of work, and the effectiveness of supervision, as part of keeping the COSHH assessments up-to-date.

The Gateshead branch of British Home Stores has paid £36,000 in fines and costs after admitting a breach of s2 of the Health and Safety At Work Act 1974. The case, which has only just gone to court, involved an employee who slipped near a dishwasher at the store. Gateshead Council, who brought the prosecution, said that four similar incidents had arisen in the twelve months prior to the accident yet BHS had done little to deal with the foreseeable risk.

A zoo faced fines and costs of £75,000 at Chester Crown Court after an elephant hit out at a keeper who was washing her in an enclosure. Richard Hughes had “requested the elephant to move out of the way” after it blocked access to another elephant that was waiting to be washed. Instead of complying with the request, the elephant threw Mr Hughes against the wall and head-butted him so badly that he spent nine days in hospital before dying of his injuries. Chester Zoo admitted failing to ensure a safe system of work and said that it had now dealt with inadequacies in its risk assessment programme.

On 26 January, the Court of Appeal overturned an award of £82,000 which had been made to shipyard worker James Maguire. He had claimed on behalf of his wife, who died in May 2004 from an asbestos-related disease. She had contracted this from fibres inhaled whilst washing her husband’s work clothes. Harland and Wolff were found not to be liable as the exposure occurred before 1965, and although they had a duty of care towards their employee, could not have been expected to know there was a risk to third parties at that time.

The Chancellor has announced that all new legislation relating to health and safety, and employment law, will take effect from either 6 April of 1 October of each year, unless there are exceptional reasons. This is to assist those organisations who have asked for more stability and certainty in dealing with new laws.

Course dates 19, 20, 26, 27 April, 3, 4, 10, 11, 17, 18 May 2005

Examination dates: 24 and 25 May 2005

Contact Karen Fallows on 01622 717700 to book your place!