Consultation on proposals to remove fourteen legislative measures
Published by: HSE
Closing date for comments: by 20/06/2012
About this consultation
The Health and Safety Executive (HSE) is proposing to repeal or revoke fourteen legislative measures (one Act, twelve Regulations and one Order). HSE believes these are either redundant, have been overtaken by more up to date Regulations or do not deliver their expected benefits such as the regulations requiring the notification of tower cranes. More detail of the legislation that the HSE proposes to repeal and revoke together with the reasoning and impact assessments is contained in the
'consultation document'. The impact assessment in the consultation document also includes reassurance to the concerns that the Sikh community might have.
This consultation proposes the removal of the:
• Celluloid and Cinematograph Film Act 1922
• Celluloid and Cinematograph Film Act 1922 (Exemptions) Regulations 1980
• Celluloid and Cinematograph Film Act 1922 (Repeals and Modifications) Regulations 1974
• Construction (Head Protection) Regulations 1989
• Docks Regulations 1988
• Docks, Shipbuilding etc (Metrication) Regulations 1983
• Gasholders (Record of Examinations) Order 1938 and a related provision (section 39 (2)) in the Factories Act 1961
• Gasholders and Steam Boilers (Metrication) Regulations 1981
• Locomotives etc Regulations 1906 (Metrication) Regulations 1981
• Notification of Conventional Tower Cranes Regulations 2010
• Notification of Conventional Tower Cranes (Amendment) Regulations 2010
• Notification of Installations Handling Hazardous Substances Regulations 1982
• Notification of Installations Handling Hazardous Substances (Amendment) Regulations 2002
• Shipbuilding and Ship-repairing Regulations 1960
Have your say
We welcome comments on any aspect of the issues raised in this document. Please consider the consultation questions below and send any comments you may have to
Consultation@iosh.co.uk by 20 June 2012.
Consultation questions:
1. Do you agree with the proposal (as outlined in the Annex) to revoke the Celluloid and Cinematograph Film Act 1922, the Celluloid and Cinematograph Film Act 1922 (Repeals and Modifications) Regulations 1974 and the Celluloid and Cinematograph Film Act 1922 (Exemptions) Regulations 1980?
2. To the best of your knowledge, are there any groups or individuals who keep or store raw celluloid or cinematograph film in non-workplace premises, and therefore have duties under this legislation?
3. If you have answered ‘Yes’, please can you provide contact details for any groups/ individuals who do keep or store raw celluloid or cinematograph film so they can be contacted to discuss the impact of this proposal?
4. To help HSE prepare the Impact Assessment we would be grateful if you would answer the following questions:
a) what impact would the removal of the legislation have on the health and safety of these groups / individuals?
b) what additional costs or savings do you estimate the removal of the legislation would impose on these groups / individuals, e.g. in terms of monetary costs, or in time spent?
5. Do you agree with the proposal (as outlined in the Annex) to revoke the Construction (Head Protection) Regulations 1989?
If you have answered ‘No’, what are your objections?
6. If the proposal is agreed, HSE plans to publicise the change to help ensure the construction industry understands that it will still require employers to provide, and workers to wear, head protection where there is a risk of head injury. Can you suggest ways in which you/industry could help achieve this?
7. Do you agree with the IA’s assessment of the costs and benefits of the proposed revocation of the CHP Regulations?
If you have answered ‘No’ please explain your objections?
8. The impact assessment estimates that:
a. 5% of the self-employed (with no employees) in construction will spend time understanding the nature of this change and what it implies for them.
Do you think the estimate is reasonable? If not, what would be a better estimate? If possible, please explain why.
b. 25% of employers in construction will spend time understanding the nature of this change and what it implies for them. Do you think the estimate is reasonable? If not, what would be a better estimate? If possible, please explain why.
c. The activity described in a) and b) would take 10 minutes to do.
Do you think the estimate is reasonable? If not, what would be a better estimate? If possible, please explain why.
d. Those self-employed and employers in construction who are familiar with the
CHP Regulations will also be familiar with the PPE Regulations.
Do you think the estimate is reasonable? If not, what would be a better estimate? If possible, please explain why.
e. 5% of new self-employed entering the construction sector currently read the CHP Regulations.
Do you think the estimate is reasonable? If not, what would be a better estimate? If possible, please explain why.
f. 25% of new businesses (employers) entering the construction sector currently read the CHP Regulations.
Do you think the estimate is reasonable? If not, what would be a better estimate? If possible, please explain why.
g. It takes half an hour to read and understand the CHP Regulations.
Do you think the estimate is reasonable? If not, what would be a better estimate? If possible, please explain why.
9. HSE believes that the proposed change will maintain the high level of provision and use of head protection that the construction industry has already achieved. Do you agree?
If you answered ‘No’, in your view, how would this affect the use of head protection:
a)by the self-employed?
• It would not affect it
• It would make it less likely that they would wear head protection
• They would not wear head protection at all
• Don’t know
• Other (please explain)
b)by employers to their workers?
• It would not affect it
• It would make it less likely that employers provide head protection and require it’s worn
• Employers would not provide head protection and require it’s worn
• Don’t know
• Other (please explain)
10. Would this revocation have any implications (positive or negative) for businesses workers or others that we have not considered in the impact assessment?
If you have answered ‘Yes’ please explain what these are.
11. Do you agree with the proposal (as outlined in the Annex) to revoke the Notification of Conventional Tower Cranes Regulations 2010 and the Notification of Conventional Tower Cranes (Amendment) Regulations 2010?
If you have answered ‘No’ what are your objections?
12. In addition to HSE’s continued work with the industry to improve standards can you suggest cost-effective, non-regulatory ways in which the public could be reassured that tower cranes on construction sites are being used to high standards of safety?
13. Do you agree with the IA’s assessment of the costs and benefits of the proposed revocation of the Notification of Conventional Tower Crane Regulations and their Amending Regulations?
If you have answered ‘No’ please explain your objections.
14. The impact assessment estimates that:
a) It will take 10 minutes to understand that tower cranes should no longer be notified to HSE when the Regulations are revoked.
b) Do you think the estimate is reasonable? If not, what would be a better estimate? If possible, please explain why.
15. In every company, an average of three managers would have to understand this.
a) Do you think the estimate is reasonable? If not, what would be a better estimate? If possible, please explain why.
16. Would this revocation require you to make any changes to your computer systems?
If you have answered ‘Yes’, please could you estimate how much this will cost you?
17. Would this revocation have any implications (positive or negative) for businesses, workers or others that we have not considered in the impact assessment? If you have answered ‘Yes’ please explain what these are.
18. Do you agree with the proposal (as outlined in the Annex) to revoke:
a) The Notification of Installations Handling Hazardous Substances Regulations 1982?
b) The Notification of Installations Handling Hazardous Substances (Amendment) Regulations 2002? If you have answered ‘No’ to either of the above, what are your objections?
19. Do you agree that a consequential amendment should be made to the Dangerous Substances (Notification and Marking of Sites) Regulations 1990 to ensure there is a specific notification requirement for Ammonium Nitrate if both the 1982 and the 2002 NIHHS Regulations are revoked?
If you have answered ‘No’, what are your reasons?
20. Do you agree that in the consequential amendment the threshold limit for Ammonium Nitrate should be 150 tonnes (i.e. the threshold limit in NIHHS)? If you have answered ‘No’, what are your reasons?
21. To help HSE prepare the Impact Assessment we would be grateful if you would answer the following questions:
a) Does your business have to complete notifications under these Regulations?
b) If you have answered ‘Yes’:
22. How long does it take to complete a notification under the NIHHS
a) Regulations and submit it to HSE?
b) What is involved?
c) Who in the organisation (level / grade) will do this?
d) What do you think are the benefits of revoking the NIHHS Regulations?
23. Do you agree that all the information notified under NIHHS is repeated in other legislation?
If you have answered ‘No’ please explain what information is not repeated.
24. Will there be any extra costs of notifying Ammonium Nitrate (as defined in the NIHHS Amendment Regulations 2002) under the NAMOS Regulations 1990 rather than under the amendment regulations?
If you have answered ‘Yes’ please explain what they will be.
25. How long will it take to familiarise yourselves with the revocation of the NIHHS Regulations?
• Approximately 20 minutes
• Approximately 40 minutes
• Approximately 60 minutes
• Approximately 90 minutes
• Other (Please state)________________
26. How many people in your organisation will be involved with the familiarisation?
a) What level / grade of staff will be involved?
b) Does your site dispense petrol but is not covered by COMAH?
c) If you have answered ‘Yes’:
Do you know what is required to comply with the Petroleum legislation and licensing regime?
27. If you have answered ‘Yes’ can you estimate what compliance with this legislation might cost?
28. If you have answered ‘No’ how long do you think it will take to find out and who in your organisation will have to do this?
29. Will there be any other costs from the proposed revocation of the NIHHS Regulations?
a) If you have answered ‘Yes’ please explain what these will be.
30. Do you agree with the proposal (as outlined in the Annex) to revoke the Gasholders (Record of Examinations) Order 1938 and section 39 (2) for the Factories Act 1961?
If you have answered ‘No’ what are your objections?
31. To help HSE prepare the Impact Assessment please estimate what changes to your business would you make (if any) as a result of the Order being revoked?
32. Would this revocation have any implications (positive or negative) for businesses, workers or others that HSE has not identified?
If you have answered ‘Yes’ please explain what these are.
33. Do you agree with the proposal (as outlined in the Annex) to revoke The Docks Regulations 1988 and for HSE to withdraw its approval of COP 25?
34. To help HSE prepare the Impact Assessment please consider how long you estimate it will take for an employer to appreciate that this revocation will not change their day to day operations?
• Approximately 20 minutes
• Approximately 40 minutes
• Approximately 60 minutes
• Approximately 90 minutes
• Other (Please state)
If you have answered ‘No’ what are your objections?
35. Would this revocation and the withdrawal of the ACoP have any implications (positive or negative) for businesses, workers or others that HSE has not identified?
If you have answered ‘Yes’ please explain what these are.
36. Do you agree with the proposal (as outlined in the Annex) to revoke the Shipbuilding and Ship-repairing Regulations 1960
If you have answered ‘No’ what are your objections?
37. To help HSE prepare the Impact Assessment please consider how long you estimate it will take for an employer to appreciate that this revocation will not change their day to day operations?
• Approximately 20 minutes
• Approximately 40 minutes
• Approximately 60 minutes
• Approximately 90 minutes
• Other (Please state)________________
38. Would this revocation have any implications (positive or negative) for businesses, workers or others that HSE has not identified?
If you have answered ‘Yes’ please explain what these are.
39. Do you agree with the proposal (as outlined in the Annex) to revoke the:
• Docks, Shipbuilding etc (Metrication) Regulations 1983;
• Gasholders and Steamboilers (Metrication) Regulations 1981;
• Locomotives etc Regulations 1906 (Metrication) Regulations 1981
If you have answered ‘No’ what are your objections?
40. Are there any further comments you would like to make on the issues raised in this consultative document?
41. Is there anything you particularly liked or disliked about this consultation?