Government clampdown on bureaucracy set to kill Site Waste Management Plans
Just over four years ago, there was just one single topic of conversation on the lips of UK demolition contractors – The introduction of the Site Waste Management Plan (SWMP) directive; a formalised way in which to plan and track the demolition waste stream and, thereby, minimise waste to landfill.
Of course, anyone that knows anything about demolition realised at the time that this was a paper-based cure for a non-existent malady. Demolition contractors – particularly those in the UK – send waste to landfill with all the enthusiasm with which an 11-year old girl sends her favourite gymkhana pony to the local glue factory.
But like it does with every unnecessary, onerous and burdensome item of legislation heaped upon its shoulders, the UK demolition industry embraced SWMPs. Individual companies formed working groups and committees to ensure that they fully understood the new directive and its likely implications; the National Federation of Demolition Contractors and the Institute of Demolition Engineers dedicated great swathes of their seminar and committee time to ensuring that members did not fall foul of this latest red tape trap. And a number of consultants and training providers enjoyed a pre-recession spike in their profits, talking companies and their employees through the legal minefield with which each new item of legislation is accessorised.
Yet it now looks as though all of that was for nothing.
The UK government – which is currently enjoying the same level of national popularity as the song “Blue Moon” enjoys in the red half of Manchester – is doing its level best to court business and, of course, the vote of the business community. But, unlike previous governments, it is not in a position to buy those votes with reduced taxes and increased grant funding.
Derisk support the changes to Control of Asbestos at Work Regulations – CAR 2012
The HSE has announced the Control of Asbestos Regulations 2012 will come into force on 6 April 2012, these will update previous asbestos regulations in order to take account of the European Commission’s view that the UK had not fully implemented the EU Directive on exposure to asbestos (Directive 2009/148/EC).
In summary, the changes are fairly limited and mean that some types of non-licensed work with asbestos now have additional requirements, i.e. notification of work, medical surveillance and detailed record keeping. All other requirements will remain unchanged, e.g. relating to licensed work with asbestos, duty to manage, risk assessment, the asbestos control limit, control measures and training requirements.
Derisk welcome these changes and continue to promote best practice across all their asbestos projects.
Further information will be published on the 6th April 2012 by the HSE via their website: http://www.hse.gov.uk/asbestos/index.htm
When planning to carry out works with any asbestos containing materials never lose sight of the 4500 people asbestos related diseases kill each year, you should only approach this type of work by applying the most stringent management controls and by properly planning the works.
Derisk is committed to delivering construction risk management and health and safety consultancy for small to large construction clients. Find out more here:
- Construction Health & Safety Management
- Site Compliance
- CDM Coordinators
- Management System Development and Auditing
- Asbestos Risk Management
- Contractor Vetting
- Construction Health & Safety Training
- BID Team Support
- Asbestos Expert Witness Services
- Fire Risk Assessments
- Premises Risk Assessment
For further information about Derisk and a full description of all our services, please visit our main website: www.deriskuk.com or give us a call on 020 7734 6655
Derisk (H&S) LLP, Silver House, 31-35 Beak Street , London, W1F 9DP
Subscribe to Risk Management Services Blog by Email
Supreme Court ruling clears way for asbestos insurance claims
Yesterday’s landmark ruling in the UK Supreme Court as to where the liability rests for those who contract the deadly asbestos-related disease Mesothelioma, should serve as a wake up call to all employers with asbestos management responsibilities.
This ruling states that insurance liability was ‘triggered’ when an employee was first exposed, not when symptoms of the disease were first identified. One of the Judges, Lord Clarke said “The negligent exposure of an employee to asbestos during the [insurance] policy period has sufficient causal link with subsequently arising mesothelioma to trigger the insurer’s obligation.”
This ruling should also be seriously considered by companies who work in the specialist field of asbestos removal and remediation, the importance of accurate record keeping, meticulous records of personal air sampling and effective safety management.
The on cost to those employers who do not take their responsibilities seriously will be significant and far reaching, not only do they face the risk of prosecution but may also be declined future employers liability insurance cover. Insurers can pursue to recover the cost of any compensation it has paid out, if they believe that there were failings to meet legal responsibilities for the health and safety of employees and these failings led to the claim.
Employer’s liability insurance, a mandatory requirement in the UK under the Employers Liability (Compulsory Insurance) Act 1969, in its simplest terms, without this insurance you cannot trade or employ any person.
Perhaps it’s time you took the time to review your current health and safety arrangements now to safeguard your company’s future.
Marc Smith
Managing Director
Derisk (H&S) LLP
marc.smith@deriskuk.com
020 7734 6655
Just a sixth of H&S regulation to be left untouched
The Chancellor has promised that 84 per cent of health and safety regulation will be scrapped or improved, according to this year’s Budget.
Last year, in its response to the Löfstedt review, the Government said it is committed to reduce health and safety regulation by more than half. The latest figure announced in the Budget takes into account last year’s Red Tape Challenge, which asked the public and business for their suggestions on which laws could be amended, or revoked entirely.
A Treasury spokesperson confirmed to SHP that “167 of the 199 health and safety regulations considered as part of the Red Tape Challenge” will either be withdrawn or improved, although she could not give a more detailed breakdown.