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Following recommendations laid out in Professor
Löftstedt's independent review of health and safety
legislation, the Health and Safety Executive (HSE) has opened a
three-month consultation on proposals for the revision,
consolidation or withdrawal of its Approved Codes of Practice
(ACOPs).
Whilst it is generally agreed that ACOPs play a key role in
assisting understanding of health and safety legislation and
controlling risk, it is felt that there is definitely room for
improvement (in particular, providing certainty and clarity for
duty holders).
The HSE has now completed the initial review of 32 of its 52
ACOPs, and in doing so took into account various factors
including:
Whether an ACOP is the most appropriate format for providing
guidance on the area in question;
Whether methods of compliance outlined in ACOPs are sufficient
to ensure compliance by duty holders;
What revisions would be required to ensure advice was
technically up-to-date, legally correct and clear about legal
requirements;
Whether the advice has been presented in the most appropriate
way considering the intended audience;
The number of businesses an ACOP applies to; and
The findings of the Löftstedt review and other known
views
Two ACOPs have been identified as requiring revision or
withdrawal without consultation as changes had already been
consulted on or the legal provisions have been revoked. These
relate to lift trucks (ACOP L117 – rider-operated lift
trucks: operator training) and chemical manufacturing (L130
– the compilation of safety data sheets). Arrangements
for the remaining 20 ACOPs are yet to be reviewed.
The consultation paper has been broken down into three
sections:
Section 1: Proposals for the revision, consolidation or
withdrawal of 15 ACOPs (if agreed, these proposals will be taken
forward by the review for delivery by end-2013):
Dangerous substances and explosive atmospheres (ACOPs
L134-138)
Legionella (ACOP L8)
Asbestos (ACOPs L127, L143)
Gas safety (ACOPs L56, COP20)
Hazardous substances (ACOP L5)
Workplaces (ACOP L24)
Management of health and safety (ACOP L21)
Agriculture (ACOP L116)
Pipelines (ACOP L81)
For each of the above areas there is a section detailing the
proposal(s) and associated consultation questions for that
area.
Section 2: Proposals for minor revisions or no changes to a
further 15 ACOPs (if agreed, these proposals will be taken forward
by the review for delivery by end-2014):
Diving (ACOPs L103-107)
Work equipment (ACOPs L22, L112, L114)
Lifting equipment (ACOP L113)
Confined spaces (ACOP L101)
Pressure systems (ACOP L122)
Hazardous substances – pottery production (ACOP
L60)
Hazardous substances – lead (ACOP L132)
Quarries (ACOP L118)
Worker involvement (ACOP L146)
For each of the above areas there is a section detailing the
proposal(s). At the end of the section there are six consultation
questions applicable to all 15 ACOPs.
Section 3: Introducing a limit on the length of ACOPs:
There is a proposal to limit the length of ACOP documents to a
maximum of 32 pages, other than in exceptional circumstances. Six
consultation questions are posed to the reader. If this proposal is
agreed then the proposed revision of any ACOP affected will be
revisited.
Legal responsibilities to protect workers' health and safety
will not be altered by any changes to the ACOPs. To view the
consultation paper and for more information on how to respond
please click here.
Consultation closes on 14 September 2012.
This article was written for Law-Now, CMS Cameron
McKenna's free online information service. To register for
Law-Now, please go to www.law-now.com/law-now/mondaq
Law-Now information is for general purposes and guidance
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articles are not necessarily comprehensive and do not purport to
give professional or legal advice. All Law-Now information relates
to circumstances prevailing at the date of its original publication
and may not have been updated to reflect subsequent
developments.
The original publication date for this article was
09/07/2012.
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