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PROPOSALS FOR HEALTH AND SAFETY (MISCELLANEOUS AMENDMENTS AND REVOCATION) REGULATIONS (NORTHERN IRELAND) 2008.
This Consultative Document seeks comments on proposals from the Health and Safety Executive for Northern Ireland for Regulations to cover: -
  • an amendment to address an omission in the Control of Noise at Work Regulations (Northern Ireland) 2006 (S.R. 2006 No. 1) (“the Noise Regulations”); and
  • minor amendments and partial revocation of other health and safety legislation.
The main purpose of the proposals is to amend the Noise Regulations to correct an oversight by including a requirement for hearing protection supplied for use at work to comply with the Personal Protective Equipment Regulations 2002 (S.I. 2002/1144).
There are also proposals to make minor amendments to the Notification of New Substances Regulations (Northern Ireland) 1994 (S.R. 1994 No. 6), the Quarries Regulations (Northern Ireland) 2006 (S.R. 2006 No. 205) and the Biocidal Products (Amendment) Regulations (Northern Ireland) 2007 (S.R. 2007 No. 190) and a partial revocation of the Control of Asbestos Regulations (Northern Ireland) 2007 (S.R. 2007 No. 31).
The closure date for the receipt of comments is Friday 6 June 2008.

PROPOSALS FOR EUIPMENT AND PROTECTIVE SYSTEMS INTENDED FOR USE IN POTENTIALLY EXPLOSIVE ATMOSPHERES (AMENDMENT) REGULATIONS (NORTHERN IRELAND) 2008

This Consultative Document seeks comments on proposals from the Department of Enterprise, Trade and Investment for Regulations to amend the Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations (Northern Ireland) 1996 (S.R. 1996 No. 247)(“the Principal Regulations”).
The main aims and objectives of the proposals are to amend the principal Regulations, which implemented for Northern Ireland, Directive 94/9/EC of the European Parliament and the Council (“the Directive”) by:

a) including the activity of taking equipment into service in addition to placing it on the market;
b) taking account of a recent corrigendum to the Directive issued following the discovery of linguistic divergences between different
   language versions of the Directive; and
c) increasing the range of penalties available.
The closure date for the receipt of comments is Friday 2 May 2008.

Proposals for Health and Safety (Fees) Regulations (Northern Ireland) 2008

The consultative document contains proposals to revoke and replace the Health and Safety (Fees) Regulations (Northern Ireland) 2007 (S.R. 2007 No. 62). The main aims and objectives of the proposals are to consolidate amendments made to those regulations and revoke and re-enact the current fee setting provisions, in approximately half of fixed-fee cases with increased rates. The proposed Regulations would continue to provide a single point of reference for health and safety fees.
The closure date for the receipt of comments is Friday 26 October 2007.

HSENI Disability Action Plan 2007 2008

In response to HSENI's duties under Section  49A of the Disability Discrimination Act 1995 (DDA 1995) (as amended by the Disability Discrimination (Northern Ireland) Order 2006), HSENI has produced the following Disability Action Plan to demonstrate its actions in promoting positive attitudes towards disabled people and encouraging participation by disabled people in public life. Your views on this Disability Action Plan are very important to us and contact details for any comments are contained the consultation letter below.

Note for Northern Ireland readers on the Carriage of Dangerous Goods and use of Transportable Pressure Equipment Regulations (Northern Ireland) 2007 and the Carriage of Explosives Regulations (Northern Ireland) 2007

This Note for Northern Ireland Readers contains proposals for new Regulations to be known as the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2007 and the Carriage of Explosives Regulations (Northern Ireland) 2007.
The main aims of the proposals are—
(a)to introduce provisions necessary to satisfy the European Commission that the following have been implemented—
•Commission Directive 2006/89/EC adapting for the sixth time to technical progress Council Directive 94/55/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road;
•Commission Directive 2006/90/EC adapting for the seventh time to technical progress Council Directive 96/49/EC on the approximation of the laws of the Member States with regard to the transport of goods by rail;

(b)to consolidate five sets of Regulations, namely:-
•the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2006 (S.R. 2006 No. 173);
•the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006 No. 525) (to be made late 2006 or early 2007);
•the Carriage of Explosives Regulations (Northern Ireland) 2006 (S.R. 2006 No. 182);
•the Carriage of Explosives (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006 No. XXX) (to be made late 2006 or early 2007);
•the Radioactive Substances (Carriage by Road) Regulations (Northern Ireland) 1983 (S.R. 1983 No. 344); and
(c)to merge the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2006 with the radiological emergency provisions for rail carriage from the Radiation (Emergency Preparedness and Public Information) Regulations (Northern Ireland) 2001 (S.R. 2001 No. 436) (“REPPIR”), and making them under the Health and Safety at Work (Northern Ireland) Order 1978 alone.
In implementing the Directives referred to above, HSENI is directly referencing for technical detail the 2007 texts of two documents: Regulations concerning the International Carriage of Dangerous Goods by Rail (RID); and the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR).
The Note for Northern Ireland Readers contains links to the Great Britain Consultative Document and the Great Britain Regulations, together with the Commission Directives referred to above.
The closure date for the receipt of comments is no later than noon on 9th February 2007.

Proposals for the Transfer of Petroleum Licensing Functions from District Councils to HSENI and Related Matters

This Consultative Document (CD) sets out the Government’s proposal that HSENI should become the sole petroleum licensing authority for Northern Ireland.  Currently this role is discharged by each of Northern Ireland’s 26 District Councils.
The proposal also envisages HSENI, rather than district Councils, enforcing the provisions of the Health and Safety at Work (Northern Ireland) Order 1978 at petrol filling stations and retail fuel oil storage depots.
Two sets of health and safety regulations will be required to amend, primarily, the Petroleum (Consolidation) Act (Northern Ireland) 1929, the Petroleum (Transfer of Licences) Act (Northern Ireland) 1937 and the Health and Safety (Enforcing Authority) Regulations (Northern Ireland) 1999.  Drafts of these health and safety regulations are contained in the CD.
The closure date for the receipt of comments is no later than noon on Friday 12 January 2007.

Proposals to implement the second list of indicative occupational exposure limit values (European Directive 2006/15/EC)

This Consultative Document contains proposals for establishing Workplace Exposure Limits (WELs) for the thirty-three substances listed in the second European Commission Directive on Indicative Occupational Exposure Limit Values (IOELVs) (2006/15/EC) (the 2nd IOELV Directive) which was adopted on 7th February 2006.
IOELVs are European legal limits that are set to protect workers in the European Union from the ill-effects of hazardous substances in the workplace. Their legal status derives from Council Directive 98/24/EC on the protection of the health and safety of workers from the risks related to chemical agents at work (the Chemical Agents Directive or CAD). The Executive proposes to implement the IOELVs in this Commission Directive through the current system of WELs. The first Directive on IOELVs, containing limits for 63 substances, was implemented in the UK by inclusion of the limits in Health and Safety Executive publication “EH40 Occupational Exposure Limits 2002”.
The closure date for receipt of comments is no later than noon on Friday, 15th December 2006.

Proposals for a lower Workplace Exposure Limit for Respirable Crystalline Silica

This Consultative Document contains proposals for a lower Workplace Exposure Limit (WEL) of 0·1 mg.m-3  for Respirable Crystalline Silica (RCS), based on new evidence produced by the Health and Safety Executive in Great Britain (HSE GB).
WELs are set to help employers meet their legal responsibilities under the Control of Substances Hazardous to Health Regulations (Northern Ireland) 2003 (S.R. 2003 No. 34) (“COSHH”), as amended, which require employers to prevent, or if this is not reasonably practicable, to adequately control, their employees exposure to hazardous substances.
Further research on health effects of Respirable Crystalline Silica has suggested that improved health protection for workers can be obtained by lowering the current exposure limit, though this entails additional costs to industry.
The closure date for receipt of comments is no later than noon on Friday, 15th December 2006.

Proposals for Work at Height (Amendment) Regulations (Northern Ireland) 2007.

The proposed Regulations will amend the Work at Height Regulations (Northern Ireland) 2005 (S.R. 2005 No. 279) regarding their application to those who work at height providing instruction or leadership to one or more persons engaged in caving or climbing by way of sport, recreation, team building or similar activities in Northern Ireland. They will not affect climbing or caving by individuals or groups as a personal leisure pursuit.
The Regulations will:-
  • ensure that those who work at height as climbing or caving instructors and their employers and self-employed instructors are part of the same legislative framework as all other sectors;
  • ensure that the Regulations are practical and support the sector’s existing good practice; and
  • complete, for Northern Ireland, the implementation of the Temporary Work at Height Directive (TWAHD) (2001/45/EC).
The closure date for the receipt of comments is no later than noon on Friday 17 November 2006.

Proposals for the Offshore Safety (Miscellaneous Amendments) Regulations (Northern Ireland) 2006

The Consultative Document (CD) contains proposals for new Regulations to be known as The Offshore Safety (Miscellaneous Amendments) Regulations (Northern Ireland) 2006.
The proposed  Regulations would amend the Offshore Installations and Pipeline Works (Management and Administration) Regulations (Northern Ireland) 1995 ("MAR") to harmonise them with the corresponding Great Britian Regulations.  The definition of "offshore installation" as it applies to United Kingdom territorial waters adjacent to Great Britain and to the United Kingdom continental shelf has been extended to include supplementary units providing support serives to offshore installations. These units may be wind, wave, tide, current or conventionally powered.
The proposed Regulations would, in addition, update the drafiting of MAR, the Offshore Installations (Prevention of Fire and Explosion, and Emergency Response) Regulations (Northern Ireland) 1995 and the Offshore Installations and Wells (Design and Construction etc) Regulations (Northern Ireland) 1996 in order to reflect the more recent practice of inserting a schedule which specified more precisely the offshore application of the Regulations.
The closing date for the receipt of comments is no later than noon on 30th September 2006.

Proposals for the Offshore Installations (Safety Case) Regulations (Northern Ireland) 2006

This Consultative Document (CD) contains proposals for new Regulations to be known as the Offshore Installations (Safety Case) Regulations (Northern Ireland) 2006.
The proposed Regulations would entirely replace the existing Offshore Installations (Safety Case) Regulations (Northern Ireland) 1993 (S.R. 1993 No. 221) (OSCR). The Regulations would improve the regulation and control of major hazards offshore by strengthening the safety case regime.
The proposed Regulations would, in addition, make a small amendment to the Offshore Installations (Prevention of Fire and Explosion, and Emergency Response) Regulations (Northern Ireland)  1995 (S.R. 1995 No. 345) (PFEER) to clarify that rescue and recovery arrangements should always include external parties, such as coastguard and helicopter support.
The closure date for the receipt of comments is no later than noon on 30th September 2006.

Proposals for Biocidal Products (Amendment) Regulations (Northern Ireland) 2006

The consultative document contains proposals to amend the Biocidal Products Regulations (Northern Ireland) 2001 (S.R. 2001 No. 422).
The main aims and objectives of the proposals are to:
  • Implement for Northern Ireland the EU Biocidal Products Directive 98/8/EU concerning the placement of biocidal products on the market;
  • Implement changes to the Biocidal Products Regulations to take into account the effects of the European Union review Regulations;
  • Allow for provisional authorisation or registration of biocidal products and in particular all active substances, after 1st September 2006;
  • Update and correct other references in the existing Biocidal Products Regulations;
Those affected by the proposals will be anyone who supplies biocidal products or active substances to the United Kingdom market or uses those products. Given the increasing number of product types covered by the directive, the target audience is wide ranging and not therefore immediately identifiable.
The closure date for the receipt of comments is Friday 18 August 2006.
PDF Download the Proposals for Biocidal Products (Amendment) Regulations (Northern Ireland) 2006 (567 k)
31-05-2006

Proposals for Genetically Modified Organisms (Contained Use) (Amendment) Regulations (Northern Ireland) 2006

The consultative document contains proposals to amend the Genetically Modified Organisms (Contained Use) Regulations (Northern Ireland) 2001 (S.R. 2001 No. 295).
The main aims and objectives of the proposals are to:
  • remove the provisions for extension of the Regulations to premises and activities within territorial waters;
  • make technical amendments required by the Examiner of Statutory Rules for Northern Ireland;
  • provide for the collection of information required under EC regulation on transboundary movements of GMOs;
  • change the EC Directive reference in regulation 3(3)(a)(i)(bb);
  • delete regulations 22 and 23 on the disclosure of information as they are superseded by the provisions of the Environmental Information Regulations 2004;
  • add a new regulation 24A which makes provision for the exclusion from the register of information where, in the opinion of the Secretary of State, the inclusion of such information on the register would be contrary to the interests of national security;
  • amend containement measures in Schedule 8 so as to clarify requirements for waste inactivation; control of contaminated water in plant growth facilities; and for animals in isolators.

Those affected by the proposals will be limited to a small number of personnel in the highly specialised sector of the scientific community. At present there are 9 centres in Northern Ireland where "contained use" activities are carried out.  These centres cover a range of organisations including Hospital Trusts, Universities, Government Department and private companies.
The closure date for the receipt of comments is Friday 4 August 2006.
PDF Download the Proposals for Genetically Modified Organisms (Contained Use) (Amendment) Regulations (Northern Ireland) 2006 (581 k)
Issued: 22-05-2006

Proposals to withdraw approval of the Code of Practice entitled The use of electricity at quarries; Electricity at Work Regulations (Northern Ireland) 1991

This Consultative Document contains proposals to withdraw approval of the Code of Practice entitled The use of electricity at quarries; Electricity at Work Regulations (Northern Ireland) 1991 (HSA 54; ISBN 0 337 11170 7) and replace it with guidance.
It is proposed to withdraw approval of the Code of Practice because—
(a) it has become increasingly outdated. It has not kept up to date with changes in technology. Methods of electrical testing and maintenance procedures have changed;
(b) it is inconsistent with the new Quarries Regulations (Northern Ireland) 2006 which introduced a change in the duty structure and consolidated the requirements for a comprehensive health and safety document, drawing on the principles of risk assessment;
(c) it imposes requirements on the quarrying industry that do not apply to the same equipment in similar conditions in comparable industries. This in turn requires expensive modifications to the equipment; and
(d) these modifications are outdated and unnecessary as they have been replaced by more modern safety measures (for instance the use of more reliable and faster acting protection systems).
The proposed new guidance is targeted particularly to quarry managers in the quarrying industry but it would suit the needs of managers working for small and medium enterprises especially.
The proposed guidance would supplement the guidance set out in the Memorandum of Guidance on the Electricity at Work Regulations (Northern Ireland) 1991 (HSENI 01 02-A; ISBN 0 337 09476 4) which provides detailed across-the-board guidance on the Electricity at Work Regulations.
The closure date for receipt of comments is no later than noon on Tuesday, 31st October 2006.

Proposals for the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) Regulations (Northern Ireland) 2006 and the Carriage of Explosives (Amendment) Regulations (Northern Ireland 2006)

This Consultative Document (CD) contains proposals for new Regulations to be known as the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) Regulations (Northern Ireland) 2006 and the Carriage of Explosives (Amendment) Regulations (Northern Ireland) 2006.
The proposed Regulations would amend the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2006 (S.R. 2006 No. 173) and the Carriage of Explosives Regulations (Northern Ireland) 2006 (S.R. 2006 No. 182). In addition, the proposed Regulations would implement the following European Directives relating to the carriage of dangerous goods, namely:
(i) Commission Directive 2004/89/EC and 2004/110/EC adapting for the fifth and sixth time respectively to technical progress Council Directive 96/49/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail; and
(ii) Commission Directive 2004/111/EC adapting for the fifth time to technical progress Council Directive 94/55/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road.
The Regulations would provide new provisions—
(i) providing alternative requirements for the carriage of dangerous goods in bulk;
(ii) for security relating to identification requirements for carriers and their personnel and site security plans for high consequence dangerous goods;
(iii) relating to non-compliance in relation to radioactive materials;
(iv) clarifying when dangerous goods may be carried in multiple element gas containers; and
(v) reinstating a provision relating to the fire-resistance of orange-coloured plates for carriage within Northern Ireland.
The Regulations would provide for the removal of provisions relating to—
(i) gas cylinders used for hot-air ballooning; and
(ii) infectious substances.
The Regulations also make consequential changes to the Health and Safety (Fees) Regulations (Northern Ireland) 2005 (S.R. 2005 No. 523).

Proposals for Health and Safety (Fees) Regulations (Northern Ireland) 2006

Proposals for Health and Safety (Fees) Regulations (Northern Ireland) 2006
The consultative document contains proposals to revoke and replace the Health and Safety (Fees) Regulations (Northern Ireland) 2005 (S.R. 2005 No. 523).
The main aims and objectives of the proposals are to consolidate amendments made to those Regulations and revoke and re-enact the current fee setting provisions, in the majority of fixed-fee cases with increased rates.
The proposed Regulations would continue to provide a single point of reference for health and safety fees.
The closure date for the receipt of comments is Friday 30 June 2006.
PDF Download the Proposals for Health and Safety (Fees) Regulations (Northern Ireland) 2006 (933 k)
Issued: 24-04-2006

Proposals for Control of Asbestos Regulations (Northern Ireland) 2006

The consultative document contains proposals for new Control of Asbestos Regulations (Northern Ireland) 2006.
The proposed regulations repeal and replace The Control of Asbestos at Work Regulations (Northern Ireland) 2000, The Asbestos (Licensing) Regulations (Northern Ireland) 1984 and the Asbestos (Prohibitions) Regulations (Northern Ireland) 1993.
The main aims and objectives of the proposals are to:
  • implement for Northern Ireland, the requirements of EU Directive 2003/18/EC which amends Council Directive 83/477/EEC on the protection of workers from the risks related to the exposure to asbestos at work;
  • provide a tighter control for work with all types of asbestos;
  • adopt a risk based approach to licensing, reflecting the risk criteria in the Directive;
  • reduce the regulatory burden by replacing the existing Control of Asbestos at Work Regulations (Northern Ireland) 2003, the Asbestos Licensing Regulations (Northern Ireland) 1984 and the Asbestos (Prohibitions) Regulations (Northern Ireland) 1993 with a single set of Regulations;
  • approve the Great Britain Approved Code of Practice, when finalised, for use with the proposed Northern Ireland Regulations.
The closure date for the receipt of comments is Friday 14th April 2006.
PDF Download the Proposals for the Control of Asbestos Regulations (Northern Ireland) 2006 (3858 k)
Issued: 01-02-2006

Proposals for Construction (Design and Management) Regulations (Northern Ireland) 2006

The proposals consolidate and revise provisions in the Construction (Design and Management) Regulations (Northern Ireland) 1995 (S.R. 1995 No. 209) and the Construction (Health, Safety and Welfare) Regulations (Northern Ireland) 1996 (S.R. 1996 No. 510) replacing them with a new single set of Regulations.
The proposals aim to simplify the Regulations and improve clarity, maximise flexibility to fit with contractual arrangements, focus on planning and management, encourage co-ordination and co-operation, and simplify the assessment of the competence of organisations.
The proposals will also introduce new supporting guidance material.
The consultative document also includes proposals from the Northern Ireland Office (NIO) for Regulations to amend the Construction (Use of  Explosives) Regulations (Northern Ireland) 1997 (S.R. 1997 No. 555). Comments on these proposals will be forwarded to NIO for consideration.
The closure date for receipt of comments is Monday 31 October 2005.
PDF Download the Proposals for Construction (Design and Management) Regulations (Northern Ireland) 2006 (1362 k)
Issued: 19-08-2005

Proposals for Health and Safety (Fees) Regulations (Northern Ireland) 2006

The consultative document contains proposals to revoke and replace the Health and Safety (Fees) Regulations (Northern Ireland) 2004 (S.R. 2004 No. 410).
The main aim and objective of the proposals is to revoke and re-enact the current fee setting provisions, in the majority of fixed-fee cases with increased rates.
The proposed Regulations would continue to provide a single point of reference for health and safety fees.
The closure date for the receipt of comments is Wednesday 31st August 2005.
PDF Download the Proposals for Health and Safety (Fees) Regulations (Northern Ireland) 2005 (567 k)
Issued: 16-06-2005

Proposals for Management of Health and Safety at Work and Health and Safety (Consultation with Employees) (Amendment) Regulations (Northern Ireland) 2005

The consultative document contains proposals to amend two sets of current Regulations. These are the Management of Health and Safety at Work Regulations (Northern Ireland) 2000 (S.R. No. 388) ("MHSWR"), which came into operation on 1 February 2001 and the Health and Safety (Consultation with Employees) Regulations (Northern Ireland) 1996 (S.R. 1996 No. 511) ("HSCER"), which came into operation on 6 January 1997.
The main aims and objectives of the proposals are:-
  • amend MHSWR to expressly exclude the right of third parties to bring a civil claim for damages against employees in breach of regulation 14 of those Regulations;
  • remove the civil liability exclusion for breaches of duties by employers in HSCER in line with the changes made in 2003 to MHSWR.

Proposals for Chemicals (Hazard Information and Packaging for Supply) (Amendment) Regulations (Northern Ireland) 2005

The consultative document contains proposals to amend the Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2002 (S.R. 2002 No.301) ("CHIP 3"). These Regulations came into operation on 14 November 2002.
The main aims and objectives of the proposals are to:-
  • introduce a new approved supply list thereby implementing in full, for Northern Ireland, Commission Directive 2004/73/EC adapting to technical progress for the 29th time Council Directive 67/548/EEC on the approximation of laws, regulations and administrative provisions relating to the classification and labelling of dangerous substances;
  • improve the clarity of CHIP 3 by making a number of minor changes to the text. These are largely editorial and will clarify and correct: they will not alter the existing requirements of CHIP 3.
The closure date for the receipt of comments is no later than noon on Friday 13th May 2005.
PDF Download the Proposals for Chemicals (Hazard Information and Packaging for Supply) (Amendment) Regulations (Northern Ireland) 2005 (1531 k)
Issued: 03-03-2005

Proposals for the Control of Vibration at Work Regulations (Northern Ireland) 2005 - Whole Body Vibration

Proposals for the Control of Vibration at Work Requlations (Northern Ireland) 2005 - Hand Arm Vibration

These Consultative Documents (CDs) contain proposals for new health and safety Regulations Control of Vibration at Work Regulations (Northern Ireland) 2005. The draft Regulations have been developed to enable Northern ireland to comply with a European Union (EU) Directive (2002/44/EC) which aims to protect workers from risks to their health arising from exposure to hand-arm vibration (HAV) and whole-body vibration (WBV).
The respective health risks and the methods of controlling HAV and WBV are very different. Also, they each may affect different industries and occupations. HSENI has therefore decided to produce separate CDs for HAV and WBV.  It believes that this will help consultees to consider and comment on the particular subject relevant to them.
EU Member States have until 6 July 2005 to introduce Regulations.  The EU Physical Agents (Vibration) Directive will be transposed in Northern Ireland by the Control of Vibration at Work Regulations (Northern Ireland) 2005 and will be closely based on the corresponding Great Britain Control of Vibration at Work Regulations 2005.
The closure date for the receipt of comments is no later than noon on 11 May 2005.
PDF Download Proposals for the Control of Vibration at Work Regulations (Northern Ireland) 2005 - Hand-Arm Vibration (3208 k)
Issued: 03-03-2005

Proposals for Tank Vehicles (Loading and Unloading of Petroleum-Spirit) Regulations (Northern Ireland) 2005

This Consultative Document contains proposals for new Regulations to be known as the Tank Vehicles (Loading and Unloading of Petroleum-Spirit) Regulations (Northern Ireland) 2005.
Currently, Regulations covering the transport of petrol by tanker are contained in both the Carriage of Dangerous Goods by Road Regulations (Northern Ireland) 1997 (S.R. 1997 No. 248) ("CDG Road") and the Carriage of Dangerous Goods by Rail Regulations (Northern Ireland) 1998 (S.R. 1998 No. 131) ("CDG Rail"). Most of the requirements set out in CDG Road and Rail will shortly be transferred to new Regulations entitled the Carriage of Dangerous Goods and the Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2005, leaving the regulations covering the transport of petrol by tanker in what remains of CDG Road and CDG Rail.
To maintain safety standards and ensure continued compliance with a European Directive, the provisions concerning the transport of petrol by tanker would be transferred to the proposed Regulations, allowing the remainder of the CDG Road and CDG to be revoked.
The closure date for the receipt of comments is no later than noon on Monday, 28th February 2005.
PDF Download the Proposals for Tank Vehicles (Loading and Unloading of Petroleum-Spirit) Regulations (Northern Ireland) 2005 (633 k)
Issued: 20-12-2004

Proposals for the Control of Major Accident Hazards (Amendment) Regulations (Northern Ireland) 2005

The consultative document contains proposals to amend the Control of Major Accident Hazards Regulations (Northern Ireland) 2000 (S.R.2000 No. 93) ("COMAH"). These Regulations came into operation on 1 May 2000 and implemented, for Northern Ireland, Directive 96/82/EC ("the Seveso II Directive").
The main aims and objectives of the proposals are to:-
  • implement, for Northern Ireland, Directive 2003/105/EC, which amends the Seveso II Directive;
  • make a small number of changes to COMAH, mainly to clarify certain requirements that have come to light since COMAH came into operation; and
  • introduce revised guidance to support the COMAH, as amended.
The closure date for the receipt of comments is no later than noon on Friday 17 December 2004.
PDF Download the Proposals for the Control of Major Accident Hazards (Amendment) Regulations (Northern Ireland) 2005 (2296 k)
13-10-2004

Note for Northern Ireland Readers (Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2004

The proposed Regulations would impose requirements and prohibitions in relation to the carriage of dangerous goods by road and rail and the use of transportable pressure equipment. They would implement three European Directives: 94/55/EC (as amended) relating to the transport of dangerous goods by road, 96/49/EC (as amended) relating to the transport of dangerous goods by rail and 1999/36/EC (the Transportable Pressure Equipment Directive).
They would also replace all, or substantially all, of eighteen sets of Regulations currently in operation which apply to the carriage of dangerous goods and would refer for technical detail to the European Agreement concerning the International Carriage of Dangerous Goods by Road ("ADR") and the Regulations concerning the International carriage of Dangerous Goods by Rail ("RID").
The Note for Northern Ireland Readers contains links to ADR, RID, the Great Britain consultative document and the Great Britain Regulations.

Proposals for Diving at Work Regulations (Northern Ireland) 2004

The consultative document contains proposals to revoke and replace the Diving Operations at Work Regulations (Northern Ireland) 1994 (S.R. 1994 No. 146).
The existing Northern Ireland Regulations are technically dated and are not wholly appropriate to all sections of the industry. In their place are proposed:-
  • new goal setting Regulations which set out the legal framework but which would be less prescriptive than the existing Regulations;
  • the introduction  of a new HSENI diver competence and certification regime; and
  • the revision of the medical testing arrangements for divers.
The proposals concern anyone who is involved in the diving industry, including the previously exempted categories of journalists, scientists, archaeologists and recreational instructors.
The closure date for the receipt of comments is Friday 17th September 2004.
PDF Proposals for Diving at Work Regulations (Northern Ireland) 2004 (1723 k)
Issued: 08-07-2004

Proposals for Control of Noise at Work Regulations (Northern Ireland) 2005

The consultative document contains proposals to revoke and replace the Noise at Work Regulations (Northern Ireland) 1990 (S.R. 1990 No. 147).
The main aims and objectives of the proposals are to:-
  • implement for Northern Ireland, the Physical Agents (Noise) Directive (2003/10/EC);
  • reduce by 5dB the exposure levels at which action has to be taken, introduce a new exposure limit value and a specific requirement on health surveillance; and
  • introduce new guidance to support the proposals.
The closure date for receipt of comments is Friday 20th August 2004.
PDF Download the Proposals for Control of Noise at Work Regulations (Northern Ireland) 2005 (3396 k)
Issued: 17-06-2004

Proposals for Control of Substances Hazardous to Health (Amendment) Regulations (Northern Ireland) 2004

The Control of Substances Hazardous to Health Regulations (Northern Ireland) 2003 (COSHH) aim to protect people from the harmful effects of substances at work. Under COSHH, two types of Occupational Exposure Limit ("OEL") are approved: the Maximum Exposure Level ("MEL") and the Occupational Exposure Standard ("OES").  The proposals would replace these with a single OEL, to be known as the "Workplace Exposure Limit" (WEL), which will set a limit which must not be exceeded.  Changes are also proposed to the Great Britain Approved Code of Practice which has been approved for use with the Northern Ireland Regulations.
The proposed Regulations would also: extend the disapplication of COSHH and the Control of Lead at Work Regulations (Northern Ireland) 2003 ("CLAW") from sea-going merchant ships to all merchant ships: clarify the wording of regulation 9(1) of COSHH and 8(1) of CLAW in respect of the duty to maintain exposure control measures; and implement European Directive 2003/53/EC by restricting the supply and use of high chromium VI cement.
The closing date for receipt of comments is Friday, 30th July 2004.
PDF Download the Proposals for Control of Substances Hazardous to Health (Amendment) Regulations (Northern Ireland) 2004 (4149 k)
Issued: 26-05-2004

Proposals for Health and Safety (Fees) Regulations (Northern Ireland) 2004

The consultative document contains proposals to revoke and replace the Health and Safety (Fees) Regulations (Northern Ireland) 2003 (S.R. 2003 No. 510).
The main aims and objectives of the proposals are to: -
  • revoke and re-enact the current fee setting provisions, in the majority of fixed-fee cases with increased rates, and
  • add new fees for assesment and providing advice with respect to the preparation of a safety case where that advice is requested by persons intending to convey gas.
The closure date for the receipt of comments is Friday 25th June 2004.
PDF Download the Proposals for Health and Safety (Fees) Regulations (Northern Ireland) 2004 (1102 k)
Issued: 21-04-2004

Proposals for Approved Code of Practice: Explosives at Quarries: the Quarries (Explosives) Regulations (Norther Ireland) 2004

The first consultation on proposed Quarries Regulations (Northern Ireland) and Quarries (Explosives) Regulations (Northern Ireland) was in 2001 but an objection was received to the proposal to adopt the Great Britain Code of Practice for use in Northern Ireland because of the differences in Northern Ireland legislation relating to explosives at quarries. Consequently, the Executive is now proposing to approve the Great Britain ACoP with the exception of Part V (Explosives) for use with the Quarries Regulations (Northern Ireland) 2004 and to approve a separate Northern Ireland Code of Practice to accompany the proposed Quarries (Explosives) Regulations (Northern Ireland) 2004.  

Proposals for Work at Height Regulations (Northern Ireland) 2004

The consultative document contains proposals for new Regulations covering the risks from work at height, to be know
n as the Work at Height Regulations (Northern Ireland) 2004.
The proposed Regulations will implement for Northern Ireland the temporary Work at Height Directive (2001/45/EC).  This Directive, which is required to be implemented by 19 July 2004, sets out minimum requirements for the selection and use of all work equipment used at height, and specifically lays down requirements for scaffolding, ladders and rope access.
The proposed Work at Height Regulations (Northern Ireland) 2004, which will apply to all sectors of industry, bring together the relevant parts of the Construction (Health, Safety and Welfare) Regulations (Northern Ireland) 1996 and the Workplace (Health Safety and Welfare) Regulations (Northern Ireland) 1993, whilst reiterating some parts of the Provision and Use of Work Equipment Regulations (Northern Ireland) 1999, and updating other present Regulations.
It is also proposed to introduce supporting guidance containing technical, practical advice and explaining what the Regulations mean.
The closing date for the receipt of comments is Friday, 14 May 2004.
PDF Download the Proposals for Work at Height Regulations (Northern Ireland) 2004 (1873 k)
Issued: 11-03-2004

Consultative Document: Proposals for Work in Compressed Air Regulations (Northern Ireland) 2004

Proposals for Work in Compressed Air Regulations (Northern Ireland) 2004
The consultative document contains proposals to replace the Work in Compressed Air Special Regulations (Northern Ireland) 1963 (S.R. 1963 No. 85) with a new set of much broader and more flexible Regulations.
The main aims and objectives of the proposed Regulations are to control the particular risks associated with work in compressed air.  They will comprise both "prescriptive" requirements, specifying methods in detail, and "goal-setting" requirements which propose objectives to be achieved but do not prescribe exactly how they must be achieved in all circumstances.
It is also proposed to introduce supporting guidance, the aim being to provide a single, comprehensive source of reference material for industry concerning work in compressed air.
The closing date for the receipt of comments is Friday 19th March 2004.
PDF Download the Consultative Document: Proposals for Work in Compressed Air Regulations (Northern Ireland) 2004 (785 k)
Issued: 15-01-2004

Proposals for Pressure Systems Safety Regulations (Northern Ireland) 2004

The Consultative document contains proposals for new Pressure Systems Safety Regulations (Northern Ireland) 2004. The proposed Regulations would revoke and re-enact with amendments the Pressure Systems and Transportable Gas Containers Regulations (Northern Ireland) 1991.
The aim of the proposed Regulations is to prevent serious injury from the hazard of stored energy as a result of the failure of a pressure system or one of its components.
The closure date for the receipt of comments is Friday 20 February 2004.
PDF Download the Proposals for Pressure Systems Safety Regulations (Northern Ireland) 2004 (655 k)
Issued: 01-03-2004

Proposals for Prevention of Accidents to Young Persons in Agriculture Regulations (Northern Ireland) 2004 and Assoicated Code of Practice

The consultative document contains proposals for Regulations to replace the Agriculture (Safety of Children) Regulations (Northern Ireland) 1981 (S.R. 1981 No. 6), as amended.
The main aims and objectives of the proposed Regulations are to:-
  • raise the minimum age for drivng or operating tractors and other agricultural machinery in the course of an agricultural operation from 13 years to the upper limit of compulsory school age (around 16 years); and
  • introduce a new regulation to prevent the access of children to hazardous parts of the farm, unless under the supervision of an adult.
The proposed Approved Code of Practice describes the general principles of risk assessment and management applying to young workers; offers some further clarification on the proposed Regulations; and provides practical advice on how to comply with those Regulations.  In particular, it provides practical guidance on addressing a range of hazardous areas typically found on a farm.

Consultative Document - Proposals for the Notification of Installations Handling Hazordous Substances (Amendment) Regulations (Northern Ireland) 2003

The consultative document contains proposals to amend the Notification of Installations Handling Hazardous Substances Regulations (Northern Ireland) 1984 ("the NIHHS Regulations") (S.R. 1984 No. 177). These Regulations provide for the notification to HSENI of establishments holding specified quantities of hazardous substances. The aims and objectives are to: ascertain precisely where in Northern Ireland significant amounts of ammonium nitrate are being stored; develop a strategy for ensuring safe handling and storage of ammonium nitrate at these sites. The NIHHS Regulations, which came into operation in Northern Ireland on 3 September 1984, prohibit any person from undertaking any activity, which entails there being a notifiable quantity or more of a hazardous substance on any site unless that person notifies HSENI of the particulars. Ammonium nitrate was not included in the list of notifiable hazardous substances contained in Schedule 1. The proposals amend the NIHHS Regulations to ensure that ammonium nitrate is added to the list of notifiable hazardous substances. The closure date for the receipt of comments is Friday 25th July 2003.
PDF Download the Consultative Document - Proposals for the Notification of Installations Handling Hazardous Substances (Amendment) Regulations (Northern Ireland) 2003 (144 k)
Issued: 09-06-2003

Consultative Document - Proposals for the Health and Safety (Miscellaneous Amendments) Regulations (Northern Ireland) 2003

The consultative document contains proposals to amend the following Regulations: Health and Safety (First Aid) Regulations (Northern Ireland) 1982 Health and Safety (Display Screen Equipment) Regulations (Northern Ireland) 1992 Manual Handling Operations Regulations (Northern Ireland) 1992 Personal Protective Equipment at Work Regulations (Northern Ireland) 1993 Workplace (Health, Safety and Welfare) Regulations (Northern Ireland) 1993 Provision and Use of Work Equipment Regulations (Northern Ireland) 1999, and Lifting Operations and Lifting Equipment Regulations (Northern Ireland) 1999 The aims and objectives of the proposals are to: clarify issues raised by the European Commission on specific aspects of the implementation of the Directives, which the Regulations listed above, sought to implement; deal with minor drafting problems with the Regulations; and take account of a judgement in the European Court in relation to obligations in respect of all display screen workstations. The closure date for the receipt of comments is Friday 13th June 2003.
PDF Download the Consultative Document - Proposals for the Health and Safety (Miscellaneous Amendments) Regulations (Northern Ireland) 2003 (375 k)
Issued: 09-06-2003

Proposals for the Health and Safety (Fees) Regulations (Northern Ireland) 2003

The consultative document contains proposals to revoke and replace the Health and Safety (Fees) Regulations (Northern Ireland) 1998 (S.R. 1998 No. 125). The main aims and objectives of the proposals are: * To revoke and re-enact the current fee setting provisions, in all fixed-fees with increased rates; * To add new fees for the reassessment of whether to grant an application for an asbestos licence and for amendments to, and replacements of lost, asbestos licences; * To fix or determine the fees payable by specified persons in the offshore and gas industries for the performance by HSENI of the functions specified in those provisions The closure date for the receipt of comments is Friday 13th June 2003.
PDF Download the Proposals for the Health and Safety (Fees) Regulations (Northern Ireland) 2003 (289 k)
Issued: 02-06-2003

Consultative Document - Proposals for Control of Substances Hazardous to Health (Amendment) Regulations (Northern Ireland) 2003

The proposals are to amend the Control of Substances Hazardous to Health Regulations (Northern Ireland) 2003 (“COSHH”) by extending their application to mutagens and by adding seventeen dioxins to the list of carcinogens. The closure date for the receipt of comments is 4th May 2003.
PDF Download the Consultative Document - Proposals for Control of Substances Hazardous to Health (Amendment) Regulations (Northern Ireland) 2003 (317 k)
Issued: 20-03-2003

Consultative Document - Proposals for Notification of New Substances (Amendment) Regulations (Northern Ireland) 2002

The proposals are to amend the Control of Substances Hazardous to Health Regulations (Northern Ireland) 2003 (“COSHH”) by extending their application to mutagens and by adding seventeen dioxins to the list of carcinogens. Only one substance is affected by the extension to mutagens, triglycidyl isocyanurate, as it is the only known mutagen which is not also a carcinogen and consequently already subject to COSHH. The seventeen dioxins are known carcinogens and therefore implicitly subject to COSHH; the amendment makes their status as carcinogens explicit. The closure date for the receipt of comments is 4th May 2003.
PDF Download the Consultative Document - Proposals for Notification of New Substances (Amendment) Regulations (Northern Ireland) 2002 (713 k)
Issued: 09-06-2003

Consultative Document - Proposals for Transportable Pressure Vessels Regulations (Northern Ireland) 2002

These proposals are for Regulations to implement European Council Directive 1999/36/EC on transportable pressure equipment. The Directive aims to: enhance the safety of transportable pressure vessels, defined as tanks or transportable pressure receptables (e.g. gas cylinders) used for the trasport of gases; and ensure the free movement of such vessels within the EU. The requirements of the proposed Regulations are permissive. That is, they permit dutyholders such as manufacturers, suppliers, users or operators who wish to place both new and existing transportable pressure vessels on the EU market to do so subject to conditions set out in the proposals. If dutyholders do not wish to place transportable pressure vessels on the EU market they do not need to comply with the requirements of the proposed Regulations and can continue to comply with existing requirements. The closure date for the receipt of comments is 11th October 2002.
PDF Download the Consultative Document - Proposals for Transportable Pressure Vessels Regulations (Northern Ireland) 2002 (1077 k)
Issued: 09-06-2003

Consultative Document - Control of Substances that Cause Occupational Asthma

All substances which cause occupational asthma are within the definition of substances hazardous to health for the purposes of the Control of Substances Hazardous to Health (COSHH) Regulations 1999. Therefore the COSHH Regulations and the General COSHH ACoP both apply. This Code supplements the General COSHH ACoP and em-ployers are required to observe both codes of practice. This Code applies to: a) substances listed in Section C of the HSE publication 'Asthmagen? Critical assess-ments of the evidence for agents implicated in occupational asthma'; b) any other substance assigned the Risk Phrase R42 'May cause sensitisation by inhala-tion' under the Chemicals (Hazard Information and Packaging for Supply) Regulations (CHIP) 1994, as amended (see Annex 1); c) any other substance which the employer's risk assessment has shown to be a potential cause of occupational asthma. The Code does not apply to general environmental allergens such as grass pollens and fungal spores unless the work activity generates them or leads to their occurrence at higher concentrations than are normally present in the general environment. Nor does it apply to substances (eg general dust) where exposure may produce asthmatic symptoms in a person with pre-existing asthma but where the substance itself is not a cause of oc-cupational asthma. This Code applies to employers, the self-employed and employees to the extent that du-ties under the COSHH Regulations apply to them.
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Issued: 09-06-2003

Note for Northern Ireland Readers: Dangerous Substances and Explosive Atmospheres Regulations

This note is designed to be read with the Great Britain Consultative Documents Proposals for the Dangerous Substances and Explosive Atmospheres Regulations and Proposals for new petrol legislation: Phase 1—Changes to workplace controls and also the Consultative Letter Consultation on Proposals to Remove Safety Legislation on Celluloid and Cinematograph Film.
The purpose of this note is to announce parallel proposals for Northern Ireland and to enable Northern Ireland readers to set the Great Britain proposals in the Northern Ireland context.
PDF Download the Note for Northern Ireland Readers: Dangerous Substances and Explosive Atmospheres Regulations (329 k)
Issued: 30-03-2004

Consultative Document - Dangerous Substances and Explosive Atmospheres Regulations

The proposals for the Dangerous Substances and Explosive Atmospheres Regulations contains proposals by the Great Britain Health and Safety Commission for new Great Britain health and safety Regulations entitled the Dangerous Substances and Explosive Atmospheres Regulations 2002 (“GB DSEAR”), supported by an Approved Code of Practice (“ACoP”). GB DSEAR are new Regulations which will replace over twenty pieces of outdated legislation on flammable and explosive substances and associated hazardous activities.
PDF Download the Consultative Document - Dangerous Substances and Explosive Atmospheres Regulations (2022 k)
Issued: 09-06-2003

Consultative Document - Petroleum

The CD Proposals for new petrol legislation: Phase 1—Changes to workplace controls discusses the resultant changes in petrol safety legislation and proposes a further ACoP, Unloading Petrol Tankers.
PDF Download the Consultative Document - Petroleum (614 k)
Issued: 09-06-2003

Consultative Document - Celluloid and Cinematograph Film

The consultative letter Consultation on Proposals to Remove Safety Legislation on Celluloid and Cinematograph Film discusses the resultant proposals to remove old safety legislation on celluloid and cinematograph, i.e. nitrocellulose-based, cinema film.
PDF Download the Consultative Document - Celluloid and Cinematograph Film (426 k)
Issued: 09-06-2003

Proposals for Quarries Regulation (Northern Ireland) 2001, Quarries (Explosives) Regulations (Northern Ireland) 2001 and Approved Code of Practice

Proposals to replace the existing legislation applying to quarries with consolidated and updated regulations.
PDF Download the Proposals for Quarries Regulation (Northern Ireland) 2001, Quarries (Explosives) Regulations (Northern Ireland) 2001 and Approved Code of Practice (197 k)
Issued: 05-02-2004