REGISTER OF LEGAL & OTHER REQUIREMENTS Page 1 of Legal And Other Requirements:
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1 REGISTER OF LEGL & OTHER REQUIREMENTS Page 1 of 10 Document History Issue Date Brief Details of mendments Level 1 10/02/10 First issue of register following assessment of company operations and activities 2 12/04/10 ddition of H28 CDM Regs dues to change in nature of contracts 3 12/10/10 ddition of E24 batteries directive Environmental information Health & Safety Information Legal nd Other Requirements: The Company has identified a number of health & safety and environmental cts, and other requirements that either directly or indirectly relate to Company activities, the list below is not intended to be exhaustive and only defines key Legal and Other Requirements. The implications for Company activities are detailed in section 2. Section 3 provides information on and a key for environmental protection designated areas. Ref: Other Documents & Requirements
2 REGISTER OF LEGL & OTHER REQUIREMENTS Page 2 of Evaluation of requirements and implications against activities: Each Regulation is rated in terms of compliance relevance. compliance required and applied B compliance required, but not fully applied C compliance possibly required at a future date, but no current need established D compliance not specifically required, but regulation/requirement elements taken into account Ref. Legal or other Duty Imposed Relevance to Company ctivities Rating Requirement E1 Environment ct The ct covers air quality and is directed at Local uthorities. Targets and monitoring must be introduced where a particular type of pollution is above the target levels the uthority may introduce restrictions on industry to enable the targets to be achieved The Company do not have any emissions or discharges that need to be monitored. E2 Environmental The legislation is applicable to a number of aspects of Protection ct Company operations. The cts covers a wide range of subjects, many of these subjects are covered by supplementary legislation, main areas being: Maintenance of premises Control over disposal of wastes Smoke, fumes or gasses emitted Dust, steam, smell or other effluvia ccumulation or deposit Noise for premises Noise caused by a vehicle, machinery, or equipment in a street Contractors Environmental responsibilities are addressed initially in the tendering process. Operational Procedures control activities.
3 REGISTER OF LEGL & OTHER REQUIREMENTS Page 3 of 10 E3 E4 E5 Controlled Waste Environmental Protection (Duty of Care) Landfill (England and Wales) The define controlled waste for the purposes of the Environmental Protection ct Part 2, which introduced three categories of controlled waste: household, industrial and commercial. The cts impose a Duty of Care for the Company. This Duty of Care relates to environmental issues such as waste disposal The mainly apply to landfill sites, restrictions are in place for the type of wastes that can be disposed of at landfill sites. The sites must be registered and accept only certain types of waste to avoid additional contamination E6 Hazardous Waste Regs These replace the Special Waste for England & Wales only. Waste must be defined using the ECS (European Waste Catalogue) Organisations generating over certain quantities of waste are now required to register with the Environment gency. Waste contactors are prohibited from removing and disposing of waste without the Organisations registration number. E7 Waste Management The legislation controls the declaration, classification, controls and disposal of waste both general waste produced from the offices and hazardous waste such as batteries and fluorescent light tubes. The legislation also covers waste electronic equipment such as the disposal of PC,s. E8 Water ct Controls the abstraction of water and states a license is required where abstraction is greater than 20CuMtrs/day. This legislation is aimed at suppliers of water mainly for drinking purposes The producer of the waste must identify the material as being controlled waste and should treat it as such in compliance with all relevant regarding waste. The Company have a duty to ensure that all waste is removed by licensed waste contractors and disposed of in an appropriate manner The Company do not produce large amounts of hazardous wastes this is limited to batteries, oils and fluorescent light tubes. licensed waste contractor disposes of these and copies of licenses are held on file. The Company are responsible for correct classification of waste. This may involve some segregation, sorting or even pre-treatment of waste prior to disposal. The Company must provide details of the waste to the licensed waste contractor The Company must classify waste and register as a producer of hazardous waste with the Environment gency. Only adequately licensed waste contractors are to be used for the removal and disposition of waste. The Company must maintain records and waste transfer notes for a minimum period of 36 months The Company must ensure that all waste contractors are adequately licensed to transfer and dispose of the wastes for which they are engaged. Copies of licenses should be obtained from all contractors and retained on file. The Company do not abstract water D
4 REGISTER OF LEGL & OTHER REQUIREMENTS Page 4 of 10 E9 Water Industry ct It is an offence for an owner or occupier of premises, either through intent or negligence, to allow a water supply fitting to be in a state of disrepair so as to cause the wasting, misuse or contaminate the water. ll those who use a supply of water must ensure that water is not wasted and that internal fittings are in a good state of repair E10 E11 Groundwater Clean Neighbourhoods and Environment ct Regulates trade effluent discharges to public sewers. It is an offence for an owner or occupier, negligently or intentionally, to cause the contamination of water. This legislation was introduced to increase powers of Local uthorities and covers a number of issues from dog fouling to abandoned cars. The main element of the legislation that may relate to industrial activity is fly tipping E12 The Clean ir ct The ct prohibits the generation of dark smoke either via emissions to atmosphere through waste incineration or other means E13 The Water Resources ct The ct places a responsibility not to contaminate surface or foul drain water nor to wilfully waste water resources. E14 WEEE Regs Disposal of electronic and electrical equipment containing certain substances is to be managed by a licensed waste contractor and should take into account recovery and recycling opportunities where ever possible. E15 The Control of Pollution (Oil Storage) (England) Requires organisations to ensure adequate control over oil storage to ensure protection of the environment ll water fittings must be maintained in a state of repair to avoid waste, misuse or contamination of supplied water The Company is supplied with mains water, but makes no discharges of trade effluent to sewer. The Company ensure adequate protection of all oil/chemical storage to prevent contamination s with other legislation the Company have a Duty of Care to ensure any waste is disposed of in the correct manner, this is extended to providers of skips and reinstatement works to ensure no unnecessary tipping or abandonment of waste occurs during site activity. Sites must be kept clean and presentable at all times. No dark smoke is generated from activities at the offices or during on site activity ll site (Office & Depot) drains run to foul sewer apart from surface water run off. During site based activities there is potential for contamination to both surface and foul drains. Operational controls are in place via standard operating procedures. The Company do not dispose of large amounts of WEEE waste and when necessary this is disposed via a licensed waste contractor Diesel and petrol may be stored on sites in small quantities to fuel generators, fuel is adequately bunded tanks are in use to prevent spillage.
5 REGISTER OF LEGL & OTHER REQUIREMENTS Page 5 of 10 E16 The Controlled Waste (Registration of Carriers & Seizure of Vehicles) Regs Legislation allows for seizure of vehicles used to illegally dispose of waste (fly tipping) Company have a license to transfer waste, waste must be stored in compliance with legislation - in other words not fly tipped. E17 The List of Waste Regs Details the classification of each type of industrial waste Company are responsible for ensuring all waste is correctly identified and classified for legal removal from site by a licensed waste contractor E18 E19 E20 E21 The Water Supply (Water Fittings) Regs Site Waste Management Plans Environmental Damage Regs ll fittings should be maintained in good working order to prevent pollution or wasteful use of water (leaks) ll waste form construction sites is to be measured and estimated in advance, the E are to be notified The legislation gives additional powers to the Environment gency in that they can enforce a clean up of damage and then issue a bill to the responsible company even if the company have not been found guilty in a court o flaw. Town and Country The legislation allows Local uthorities to set their own Planning ct planning restrictions E22 Batteries Directive Batteries are now banned from landfill sites. Batteries are to collected and recycled to remove heavy metals which are present. The Government are responsible for establishing collection and recycling facilities Water fittings such as on the pressure wash are to be inspected and checked to ensure they are not leaking and water being wasted. The Company do not currently operate as a principal contractor extent of relevance is by meeting principal contractor site rules for waste No new requirements, the company is responsible for ensuring they meet all environmental legislation. If a spillage or other damage occurs, the company should clean up immediately if not possible then they must inform the Environment gency. The company must ensure they adhere to site rules and building regulations at all times The company must collect batteries and dispose via an appropriately licensed waste contractor
6 REGISTER OF LEGL & OTHER REQUIREMENTS Page 6 of 10 Health & Safety Related Legislation Ref. H1 H2 H3 H4 H5 H6 Legal or other Requirement The Health & Safety t Work ct Regulatory Reform Order (Fire Safety) The Control of sbestos at Work The Health and Safety (Safety Signs and Signals) The Control of Vibration at Work The Health and Safety (Consultation with Employees) Duty Imposed Relevance to Company ctivities Rating Under this ct, employers have a duty to ensure a safe working environment for their employees, to ensure that they are properly trained and competent to carry out the tasks allotted to them. They are also required to have a suitable H&S Policy The are designed to provide for a minimum fire safety standard in places where people work, including: shared areas; work place facilities; and, the means of access to that work-place. ll emergency routes must be signed and illuminated and all fire precaution measures shall be maintained in an efficient working order and in good repair Places responsibility on the occupier of premises built prior to 1999 to have a survey carried out to establish whether or not asbestos is present in the structure. Where asbestos is present then the location and type need to be communicated to contractors or any persons performing maintenance. Signs must be displayed where necessary for example fragile roof or asbestos these signs must be pictorial Where employees are exposed to vibration at work e.g pneumatic drills then a risk assessment must be performed to establish the exposure level and frequency. The legislation sets limits on maximum exposure and time periods for exposure Employers are required to establish methods of communication with employees either through representatives or Union officials to communicate on Health Safety and welfare issues. The Company must ensure that training records are kept of all training undertaken by its employees. Health &Safety Policy must be made available to all employees. documented risk assessment must be performed that results in Procedures to give details on frequency of fire drills, test and inspection of Fire larms, Fire Extinguishers, methods for the keeping clear of emergency exits at all times. One person should be nominated to call the Fire Brigade in the event of a fire. Site & offices Very relevant to construction activities risk assessments must be completed and recorded, monitoring procedures to be put in place to ensure employees do not exceed maximum exposure limits Regular management meetings are held with the Directors, Contracts and General Managers as well as Team Leaders H&S covered on the agenda along with other items such as work schedules etc
7 REGISTER OF LEGL & OTHER REQUIREMENTS Page 7 of 10 H7 H8 H9 H10 H11 H12 H13 H14 The Management of Health and Safety at Work The Provision and Use of Work Equipment The Control of Substances Hazardous to Health (mendment) The Electrical Equipment (Safety) The Construction (Health, Safety and Welfare) The Personal Protective Equipment at Work The Health and Safety (Display Screen Equipment) The Health and Safety Information for The legislation sets obligations for employers to ensure the safe management of H&S at work through communication, assessment of risk and ensuring adequate controls are in place. This regulation sets out important Health and Safety requirements for the provision and safe use of work equipment and includes mobile work equipment such as Fork Lift Trucks (FLT) covers all equipment that may be routinely used by employees items such as power tools etc are covered n employer shall not carry on any work that is liable to expose any employee to any substance hazardous to health, unless he has made a suitable and sufficient assessment of the risks created by that work to the health of those employed by him. The legislation requires that portable electronic equipment is tested for safety (electrical insulation) to minimise the risk of fire or electric shock Employers must ensure adequate welfare facilities on construction sites such as access to toilets and clean water. ll equipment (including clothing affording protection against the weather) which is intended to be worn by a person at work which protects them against risks to their Health & Safety are suitable and are provided free of charge at all times Companies have to assess the risks to the Health & Safety of their employees who use a display screen for a significant part of their working day. These assessments should identify any preventative or protective measures that need to be taken for the employees protection. Relevant to all activities risk assessments and safe systems of work have been implemented. The Company must ensure that all employees who operate mobile work equipment have had adequate training.equipment should be inspected at regular intervals this is in addition to PT testing of power tools Safety Data Sheet must be obtained for all substances in use throughout the Company and a risk assessment performed. The information contained, regarding the potential hazards and possible methods of entry to the body involved when handling, transporting or the storage of that substance, should be made available to the employees involved. ll portable electrical equipment to be PT tested. Work equipment is covered by PUWER Regs Not very relevant as most jobs are completed relatively shortly and are in local vicinity. If the hazard cannot be eliminated at source or reasonably practical alternative control measures introduced, then the Company must provide personal protective equipment for employees use. The Company must ensure that the equipment is used correctly and that defects are reported. The Company must ensure that all employees affected are assessed within the first month of employment. Employees should be encouraged to report any health problems related to or arising from work at a display screen The legislation sets out requirements for employers to provide Displaying the HSW poster meets the majority of
8 REGISTER OF LEGL & OTHER REQUIREMENTS Page 8 of 10 H15 H16 H17 H18 H19 H20 H21 Employees The Reporting of Injuries, Diseases and Dangerous Occurrences The Control of sbestos in the ir The Lifting Plant and Equipment (Records of Test and Examination etc.) The Work at Height The Manual Handling Operations Lifting Equipment and Lifting Operations Town and Country Planning ct information on contacting H&S representatives and the local HSE Under this regulation companies have a statutory duty to report certain accidents and incidents to their local Enforcing uthority within the time frames laid out in the regulations The legislation requires that maintenance work where asbestos could be released is controlled to ensure no release of fibres into the air. Certain lifting equipment requires regular inspections/tests to ensure safety this includes hoists etc The legislation sets out requirements for working at height to ensure the safety of employees ll employers have a duty under this regulation to undertake an assessment on all operations that involve manual handling where there is a risk of injury Ladders and shelving are considered lifting equipment and must be inspected on a regular basis with records kept of inspections The legislation allows Local uthorities to set their own planning restrictions H22 Road Traffic ct Relates to vehicles and drivers of vehicles, certain requirements for taxation and vehicle roadworthiness H23 Health & Safety (First-id) Employers shall provide, or ensure that there is provided, a sufficient number of suitably qualified persons who can render first-aid to employees if they are injured. suitably stocked these requirements Serious incidents such as the overturning of a FLT, or an accident at work resulting in an employee being absent from work or being unable to perform their full range of normal duties for 3 days or more as a result of that accident, must be reported. The Company should retain copies of these regulations and the relevant reporting forms. Not very relevant however potentially relevant as lifting equipment may be installed as part of site work activity. The Company must determine measures to reduce risk of injury to the lowest level reasonably practicable, ideally by use of mechanical means for lifting. 6 monthly visual inspections of ladders required, harnesses to be tested and inspected on a regular basis. The client will supply details of any specific requirements, the company are responsible for ensuring the undertake work to the client specifications ll driver shave their licenses checked on a regular basis all vehicles are road taxed and where necessary have an MOT test certificate The Company must ensure that it provides adequate first-aid cover to employees at all times. Consideration of the level of cover should be given to D D
9 REGISTER OF LEGL & OTHER REQUIREMENTS Page 9 of 10 H24 H25 H26 H27 H28 Health & Safety (Young Persons) Noise at Work The Occupiers Liability ct The Electricity t Work Regs The Construction design & Management (CDM) Regs first-aid box should also be provided along with an accident register. This regulation requires employers to undertake a Risk ssessment before the young person (under age18) is employed to take into account their lack of experience and awareness of potential or existing risks. To try to eliminate any noise at source and protect employees from the hazards associated with noise This places a duty on all occupiers of premises which is owed to their visitors Common duty of care. This was amended in 1984 to include a common duty of care to trespasses. Places a responsibility on the person(s) commissioning electrical maintenance work and those performing the maintenance work to ensure safe systems of work are introduced and adhered to. The regulations are designed to ensure adequate assessment of risk is undertaken in the initial design and future maintenance of buildings. holidays and absence etc. of the first-aiders. If the Company seeks to employ any person under the age of 18 a suitable Risk ssessment should be made and extra supervision given until they have the knowledge, experience and capability to carry out that task. Noise assessments have been undertaken and actions taken where identified as being necessary The Company owes a common duty of care to see that a visitor (whether legal or illegal) will be reasonably safe when using the premises. The Company is responsible for the Health & Safety of all people on their premises at all times Electrical equipment must be sufficiently isolated from mains supply prior to any maintenance work. Safe systems of work should be introduced to ensure the continued safety of maintenance personnel and employees whilst the work is undertaken. Not always relevant but could be on larger scale refurbishment works, the client would appoint a Principal Contractor and CDM Co-ordinator 3.0 Special Sites (Environmental Conservation) 3.1 The Company do not normally operate in site of special scientific interest or where there is an environmentally protected species. The Local uthority or Landowner will normally have identified these sites and the relevant compliance requirements will be set out in the instructions provided. Cara Group will ensure they comply with all such requirements. dditional information can be found via the English Nature website.
10 REGISTER OF LEGL & OTHER REQUIREMENTS Page 10 of 10 SP Special Protection reas SC Special reas of Conservation SSSI Sites of Special Scientific Interest BHS Biological Heritage Sites IWS Important Wildlife Sites NCC Nature Conservancy Council NCO Natural Conservation Order TPO Tree Preservation Order ncient Woodland
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