Register of Legal and Other Requirements United Kingdom

Transcription

1 Purpose and Scope The purpose of this document is to identify all Acts, Regulations, Codes of Practice, Guidelines and Standards applicable to the implementation of ISO and the overview of potential implications of these requirements. This document is applicable at NCH facilities Legal Requirements Air Quality Contaminated Land General Requirements Hazardous Substances and Articles Health and Safety - Acts and Regulations Health and Safety Approved Codes of Practice / Advisory Literature Landscape and Nature Conservation Noise and Statutory Nuisance Waste Management Water Quality Other Requirements Relevant British Standards Publications Internet Sites of Environmental, Health and Safety interest. 1

2 Air Quality Environmental Protection Act 1990 Part 3, avoidance of statutory nuisance (smoke, fumes, dust, odour, noise) Manufacturing control of potential nuisances (dust, fume, odour, noise) Department of Transport Requirements for vehicle emissions to be Company car maintenance & servicing Vehicle Inspectorate Exhaust Emissions within permitted levels Motor Fuel (Composition and Content) Regulations 1999 Composition and content of leaded and unleaded petrol and diesel Company car approved fuel usage Health and Safety at Work Act 1974 Climate Change Levy (Registration & Miscellaneous Provisions) Regulations 2001 Section 5 requires best practicable means to prevent or render harmless any noxious or offensive emissions into the atmosphere Energy usage tax applied to business Chemical storage and usage Process ventilation equipment Preventive maintenance Direct cost dependant on energy usage 2

3 Contaminated Land Environment Act 1995 Identification and clean up of contaminated land Business operations management Control of chemicals and substances NCH Corporate Real Estate Process Phase 1 / Phase 2 assessments for land contamination prior to lease / purchase of new manufacturing / warehouse premises or divestiture of current premises. Leasing due diligence Baseline assessments Contamination measuring Protection of assets 3

4 General Requirements NCH Worldwide EHS Policy General commitment to EHS issues Broadbrush statement of intent Legal compliance directive Management responsibility Protection of assets NCH SafeLife Manual Corporate Safety Standards & Guidance Corporate requirements NCH EnviroSafe Manual Corporate Environmental Standards & Corporate requirements Guidance Environment Agency Legal compliance and information provision Provision of advice Business regulators Department for Transport, Local Government publications information Provision of advice Government and the Regions (DTLR) service Severn Trent water Water Company Provision of advice BS EN ISO Environmental series ( 14001, etc) ISO Implementation Guidance Water discharge regulators Practical advice & guidance 4

5 Hazardous Substances and Articles Health & Safety at Work Act 1974 Use, handling, storage and safe disposal of articles and substances Employee provision of suitable information, instruction, training and supervision when working with Control of Substances Hazardous to Health Regulations 2002 Prevention and Control of Legionellosis (including Legionnaires Disease) Biocidal Products Regulations 2001 Controls employee exposure limits, risk assessment requirements, implement exposure controls Requires those in control of premises to prevent and control legionella bacteria These regulations deal with the marketing and use of biocidal products chemical substances Assess the risk of working with chemicals. Minimise exposure to substance through adequate process controls. Regulations affecting Chem Aqua operations Regulations affecting Chem Aqua operations 5

6 Health and Safety Acts and Regulations Requirement for companies to hold liability insurance Employers Liability (Compulsory Insurance) Act 1969 & Employers Liability ( Compulsory Insurance) Regulations 1998 Fire Precautions Act 1971 Health and Safety at Work Act 1974 Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996 Carriage of Dangerous Goods by Road Regulations 1996 Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 Control of Substances Hazardous to Health (Amendment) Regulations 2003 Electrical Equipment (Safety) Regulations 1994 Electricity at Work Regulations 1989 Fire Precautions (Workplace) Regulations 1997 Requirement for certain buildings to hold a Fire certificate, dependant on type and activity undertaken. General provisions for health and safety at work Requires drivers to undergo suitable training for delivering and handling chemicals Requires information from operators, consignors, training of drivers, use of tremcards Classification and packaging requirements of dangerous substances and the supply of MSDS Control employee exposure, risk assessment requirements, implement exposure controls Equipment must be safe. And marked in accordance with the CE marking Requirements to have competent persons and safe systems of work Requires those in control of premises to undertake risk assessments, in support of an existing fire certificate Requirement to display current certificate of insurance Alterations to building must be in conjunction with Fire Brigade and fire plans amended accordingly. Compliance with this legislation is mandatory EnviroSolve business training requirement Requirement for contract haulage company Packaging and labeling of substances and provision of data sheets Assess the risk of working with chemicals. Minimise exposure to substance through adequate process controls. The design of equipment for customer use, sales of safe products to customers. Maintenance personnel suitably qualified, operating safe systems of work in compliance with Regulations. NCH documentation requirement to be completed by a competent person 6

7 Health and Safety (Consultation with Employees) Regulations 1996 Requirements to consult employees on Health and safety issues Formation of H&S committees or groups. Periodic, documented meetings to be held. Health and Safety (Display Screen Equipment) Regulations 1992 Requires workstation assessments, users to be identified and corrective actions to Documentation system to assess workstations, policy & procedures Health and Safety (First Aid) Regulations 1981 Health and Safety (Safety Signs and Signals) Regulations 1996 Lifting Operations and Lifting Equipment Regulations 1998 Management of Health and Safety at Work Regulations 1999 Manual Handling Operations Regulations 1992 Noise at Work Regulations 1989 Personal Protective Equipment at Work Regulations 1992 implement defects Require provision of adequate numbers of first aiders and facilities Requirements for safety signs to be of a standard format Requires equipment to be suitable and of adequate strength & stability. Covers lifting of persons, and the planning stages involved with lifting operations. Requirements for risk assessment of activities to be undertaken by competent persons. Documentation to be maintained where 5 or more persons employed. Requirements for assessment of manual handling operations and adequate training to be provided for employees Requirements to minimize noise levels within the workplace. Sets noise limits Requires assessment of protection required for employees undertaking tasks. developed for users. Legal requirement to have persons trained in first aid and facilities adequate for the nature of operations. All signs within premises to conform to regulatory requirements This applies to any lifting equipment, including, but not limited to fork lift trucks, pallet trucks and overhead gantries. Assessments, procedures and records to be documented for all sites. Action plans to be followed through. Training of risk assessors undertaken internally Lifting is an integral part of the job and suitable training and information is provided for employees. Mandatory requirement. Assessment of noise and control measures to implement reductions. Documented records to be maintained of assessments covering all activities. 7

8 Requires that work equipment is suitable for the purpose intended and is safe for use Provision and Use of Work Equipment Regulations 1998 Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 Supply of Machinery (Safety) Regulations 1992 Working Time Regulations 1999 Workplace (Health, Safety & Welfare) Regulations 1992 Requires certain injuries to be reported to the HSE under certain conditions Requires suitable & sufficient for the prupose intended. CE Marked, no dangerous parts, protection against hazards, and control systems and controls. Limits employees to working to 48 hours per week except by agreement. Sets general provisions for workplace arrangements and employee welfare Work equipment to comply with requirements. Employees to be trained on work equipment & training documented. Mandatory requirement. Procedures, recording and reporting mechanisms available. Design and manufacture of partswashers and other equipment provided to the customer Limitations as to hours employees can legally be expected to work. Workplace standards to comply as a minimum with regulations 8

9 Health and Safety Approved Codes of Practice / Advisory Literature Applicable Approved Codes of Practice / Advisory Literature are purchased or accessed as and when necessary using Croners Health and Safety at Work or the Health and Safety Executive website. This information covers; Health and Safety Guidance Books (HS(G) Series) Legislation Books (L Series) Environmental Hygiene Books (EH Series) Health and Safety Executive Leaflets (HSE) Industry Guide Leaflets (IND (G) Series) 9

10 Landscape and Nature Conservation Town and Country Planning Act 1990 Requirements for tree preservation changes without permission from the local authority Countryside and Rights of Way Act 2000 Wildlife and Countryside Act 1981 Requirements for the protection and management of sites of special scientific interest (SSSI) Requirements for the protection and management of sites of special scientific interest (SSSI) Where and if applicable this may impact on our grounds maintenance contracts Phase 1 / Phase 2 Assessments prior to obtaining premises and the implications, if any, our activities may have on a SSSI Phase 1 / Phase 2 Assessments prior to obtaining premises and the implications, if any, our activities may have on a SSSI 10

11 Noise and Statutory Nuisance Health & Safety at Work Act 1974 Section 2 requires the protection against exposure to excessive noise Control of noise to within acceptable levels in working environments Noise at Work Regulations 1989 Requires employers to assess and protect employees against the risks of noise at work, and have stipulated action levels. Control of noise to within acceptable levels in working environments Environment Act 1990 Section 79 requires dust, smoke, gas, fumes, steam, smell, noise or vibration to be controlled. Requires the control of potential nuisances from business operations. 11

12 Waste Management Scheme for registering vehicles under the Control of Pollution (Amendment) Act 1989 regulators Controlled Waste( Registration of Carriers and Seizure of Vehicles) Regulations 1991 Control of Pollution (Amendment) Act 1989 Environmental Protection Act 1990 Controlled Waste Regulations 1992 Environmental Protection (Duty of Care) Regulations 1991 Special Waste Regulations 1996 Waste Management Licensing Regulations 1994 Requirement for vehicles carrying industrial & commercial waste to be registered with waste regulation authority Requirements include Duty of Care and concern over disposal, storage and treatment of waste. Detail definition of controlled waste and classify commercial and industrial wastes Requirements detail system of transfer notes and record keeping requirements under Part 2 of Environmental Protection Act 1990 Regulations provide a definition of special waste, revised system of consignment notes, inspections of waste producers Requirements affect anyone who treats, keeps or stores waste, outline license exemptions, technical competencies for waste management (WAMITAB) Company vehicles transporting hazardous substances and waste to be registered by Exemptions granted by regulators to site usage and fees for licences, and allows regulators to seize vehicles used for illegal disposals of waste Knowledge and authentication of waste disposal, use of authorized carriers and final disposal / treatment of business waste Detail classifications of waste, outlining differences in household, industrial & commercial waste Operational documentation requirement for waste transfers and communication with the regulators Operational documentation requirement for waste transfers and communication with the regulators Technical competency requirements for managing waste transfer stations 12

13 Finance Act 1996 Includes details of new landfill charge which came into effect 1 st October 1996 Direct cost to the business dependant Landfill Tax Regulations 1996 Makes provision for administration and on quantity of waste generated assurance of landfill tax. Producers responsibility (Packaging Waste) Regulations 1997 Requires companies who handle more than 50t of packaging per annum, and have a turnover of 2 million to calculate a tonnage of packaging material that they Implications periodically review as to threshold limits Packaging (Essential Requirements) Regulations 2003 have to recover / recycle Imposes a legal duty to minimize packaging, ensure that it is suitable for recovery / recycling and minimizes heavy metals. Stipulates packaging requirements for recovery / reuse of packaging and limits quantities of hazardous substances within packaging materials 13

14 Water Quality Water Industry Act 1991 Requires that a consent be obtained from the water company to discharge effluent into public sewers Authorised consent limits to be met as stipulated by regulators from treatment plants Water Resources Act 1991 Prohibits the discharge of trade effluent to Prohibits the disposal of effluent from Control of Pollution (Oil Storage) (England) Regulations 2001 controlled waters without consent. Requires persons having custody of oil to prevent pollution of any controlled waters business units to controlled waters. Storage requirements for 205l containers to have containment areas. 14

15 Other Requirements Relevant British Standards A list of British Standards is maintained from Croners and this is used as reference material as and when required. Publications Publication Publication Overview Business Implications Croners Environmental Policy & CD format of environmental policy and Information source procedures procedures. Updated periodically Croners Health and Safety at Work CD format of Health and safety Information source information. Updated periodically Safety Management Monthly publication from British Safety Council Information source Internet Sites of Environmental, Health and Safety interest (this list is not exhaustive) Site ww.hse.gov.uk Site Overview Regulatory Environmental information Regulatory Health and Safety information European Union information Government information source Government information source Government information source Ireland Government information source 15

16 Responsibility / Reviews The maintenance of this document is the responsibility of the European EHS Co-ordinator. This document will be reviewed annually, as changes in requirements occur, or as dictated by business needs. Warning Printed copies of this document have no Issue Control validity Issue : 1 Date : 14/11/03 Owner : European EHS Co-ordinator 16