OPINION: REGULATIONS
PRACTICAL AND PROPORTIONATE
HSE has launched a consultation on the future of Approved Codes of Practice. Hywel Davies looks at proposals affecting design, installation and maintenance of building services systems
In March I set out the findings of Professor Ragnar Löfstedt’s
review of health and safety legislation, Reclaiming health and safety for all. One of the key recommendations was for the Health and Safety Executive (HSE) to review its Approved Codes of Practice (ACOPs) by June 2012. The HSE has now carried out an
initial review of 32 of its 52 ACOPs, to consider whether the guidance is practical and proportionate, and whether it helps employers understand and meet legal obligations. Twenty ACOPs have not been included as they are associated with ongoing sectoral reviews or amendments. This initial review considered: whether an ACOP was the most appropriate way to provide guidance on the issue in question; whether methods of compliance can be sufficiently described to provide reasonable certainty of compliance; what revisions are needed for accuracy; and whether advice is presented in a suitable format for the intended audience. On 25 June the HSE launched a
public consultation on its proposals to review 32 of the current ACOPs. The consultation seeks views on
HSE’s proposal to revise, consolidate or withdraw 15 ACOPs by the end of 2013. It proposes to make either minor revisions or no changes to a further 15 ACOPs by 2014. Finally, it proposes withdrawing the ACOP for the Management of Health and Safety at Work Regulations 1999, replacing it with a set of new guidance materials by the end of 2013. It also seeks views on a proposal to set a 32-page limit on ACOP length, other than in exceptional circumstances. ACOPs to be reviewed by the end
of 2013 are in nine groups covering dangerous substances and explosive atmospheres, legionella, asbestos, gas safety, hazardous substances, workplaces, management of health and
18 CIBSE Journal August 2012
safety, agriculture and pipelines. The following summarises the proposals.
ACOPs to be revised, consolidated or withdrawn Dangerous Substances and Explosive Atmospheres Regulations 2002 L134 – Design of plant, equipment and workplaces L135 – Storage of dangerous substances L136 – Control and mitigation measures L137 – Safe maintenance, repair and cleaning procedures L138 – Dangerous Substances and Explosive Atmospheres Regulations 2002.
Offering advice on complying
with the Dangerous Substances and Explosive Atmospheres Regulations 2002, the HSE proposes to consolidate these into a single revised ACOP (L138).
Legionella L8 – Legionnaires’ disease HSE proposes to revise Part 1 of this
ACOP, removing Part 2 and making it separately available as revised technical guidance. Due by end of 2013.
Asbestos L127 – The management of asbestos in non-domestic premises L143 – Work with materials containing asbestos HSE proposes consolidating these
into one revised ACOP, retaining and revising L143 and simplifying and incorporating L127 on ‘duty to manage’.
Gas safety L56 – Safety in the installation and use of gas systems and appliances COP20 – Standards of training in safe gas installation HSE proposes consolidating these ACOPs, revising L56 and clarifying what dutyholders can do to comply with legal requirements. Changes will clarify and, if possible simplify, definitions of
The
consultation package seeks views on HSE’s proposal to revise, consolidate or withdraw 15 Approved Codes of Practice
‘gas fitting’ (para 12) and ‘work’ (para 22-25), and update meters and flues in voids. The part on landlords’ duties will be removed. COP20 is largely outdated and is proposed for withdrawal. Relevant material will be incorporated within L56.
Hazardous substances L5 – The Control of Substances Hazardous to Health Regulations 2002 HSE propose revising this ACOP
and improving other COSHH guidance for low risk sectors.
Workplaces and management of health and safety L24 – Workplace health, safety and welfare L21 – Management of health and safety at work HSE proposes to revise L24 to
reflect recent regulatory changes, and review other HSE publications providing guidance on related workplace health, safety and welfare issues, and to withdraw L21.
Pipelines L81 – Design, construction and installation of gas service pipes HSE proposes withdrawing ACOP and replacing with guidance.
ACOP L144 – Managing health and safety in construction is not being reviewed as part of this package.
l HYWEL DAVIES is technical director of CIBSE
www.cibse.org
CONSULTATION DETAILS
The consultation can be downloaded from
www.hse.gov.uk
It closes on 14 September 2012. To contribute to CIBSE’s response, email
technical@cibse.org
www.cibsejournal.com
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