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December 9, 2015

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Legislation changes webinar – your questions answered

As part of the Barbour series of webinars, two industry experts summarised the effects of last year’s legislation changes, and discussed the most recent and future changes that will have an impact on many employers and occupational safety and health practitioners.

Mike Taylor of Santia Consulting joined Kizzy Augustin from Pinsent Masons to examine the transition into CDM 2015, discuss the impending change from OHSAS 18001 to ISO 45001, as well as a look at ESOS and its impending compliance date.

The Working Time Directive, COMAH, CLP and DSEAR, and changes which effect the self employed were also highlighted.

The audience had a chance to raise their concerns, with many questions asked about the role of the new Principal Designer (PD), queries surrounding Fee for Intervention and issues around the Working Time Directive. Mike and Kizzy have taken the time to answer some of the questions.

Questions and answers

How can I get a copy of the DIS for ISO45001?

This document has yet to be released, although BSI have stated that they are expecting DIS 45001 to be released either late 2015 or early 2016. In all likelihood the document will probably be available in February/March as ISO are planning on the approval stage for the FDIS in May 2016.

With regard to the new PD role under CDM 2015: can a Principal Designer be an employee of the Client?

The Construction (Design and Management) Regulations 2015 do not specifically prevent this. Many large organisations often carry out multiple duties under the CDM Regulations as part of their operations / turnkey projects.

The important thing is that the principal designer (who can be an organisation or an individual) has: (a) the technical knowledge of the construction industry relevant to the project; (b) the skills, knowledge and experience to understand, manage and coordinate the pre-construction phase, including any design work carried out after construction begins.

Does FFI apply to organisations that are regulated by local authorities rather than HSE?

Currently, the FFI scheme only applies to organisations which are regulated by the Health and Safety Executive under the Health and Safety (Fees) Regulations 2012. There is nothing to suggest that the scope could not be widened in the near future but at present, and as far as we are aware, there are no plans to extend the scheme.

In terms of the working time directive, it was asked there is an option to ‘opt out’. Mike Taylor answered: Workers who are 18 and over can choose to work more than 48 hours a week (averaged over 17 weeks) by opting out of this requirement. Employers can ask people to do this, but workers cannot be forced or be subject to negative treatment if they refuse. The “opt-out” must be voluntary and in writing.

The webinar is available now to watch online.

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Nigel Dupree
Nigel Dupree
6 years ago

All very well, as we approach the age of Aquarius or “Hourglass Economy of haves and have-nots” predicted for 2017 in the HSE Future Horizons RR 600 however, in the meantime, what happened to the, now not so new, EU MSD Directive ??????????