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Consultation on proposals to review HSE's Approved Codes of Practice

The outcome of the initial review and HSE's proposals for individual ACOPs

13. HSE has now completed the initial review of 32 of its 52 ACOPs.  The remaining 20 ACOPs have not been reviewed at this time as they are associated with ongoing sector specific consolidations or other regulatory amendments and will be reviewed in the course of the delivery of those processes.

14. In reviewing each ACOP HSE has taken into account:

  • whether an ACOP was the most appropriate format for providing guidance on the issue in question;
  • whether methods of compliance could be described with sufficient precision for dutyholders to be certain they have complied with the law;
  • what revisions were required to ensure the advice provided was technically up-to-date, legally correct and clear about what the law requires;
  • whether the advice was presented in the most appropriate way for the intended audience, how it fitted with the wider guidance portfolio and what the demand through downloads and sales was for it;
  • the number of businesses the advice in each ACOP applied to; and,
  • the findings of the Löfstedt review, comments submitted to the Red Tape Challenge website and known stakeholder views.

15. The initial review has identified 15 ACOPs that HSE proposes to revise, consolidate or withdraw in accordance with Professor Löfstedt’s recommendation.  If agreed these proposals will be taken forward by the review for delivery by end-2013.  Details of the proposals and related consultation questions are provided in Section 1 of this consultation document.  The ACOPs covered by these proposals are as follows:

Section 1 – Proposals to revise, consolidate or withdraw ACOPs - to be delivered by end-2013

        • Section 1.1 – Dangerous substances and explosive atmosphere
          L134 – Design of plant, equipment and workplaces - Dangerous Substances and Explosive Atmospheres Regulations 2002
          L135 – Storage of dangerous substances - Dangerous Substances and Explosive Atmospheres Regulations 2002
          L136 – Control and mitigation measures - Dangerous Substances and Explosive Atmospheres Regulations 2002
          L137 – Safe maintenance, repair and cleaning procedures - Dangerous Substances and Explosive Atmospheres Regulations 2002
          L138 – Dangerous Substances and Explosive Atmospheres Regulations 2002
        • Section 1.2 – Legionella
          L8 – Legionnaires’ disease
        • Section 1.3 – Asbestos
          L127 – The management of asbestos in non-domestic premises
          L143 – Work with materials containing asbestos
        • Section 1.4 – Gas safety
          L56 – Safety in the installation and use of gas systems and appliances
          COP20 – Standards of training in safe gas installation
        • Section 1.5 – Hazardous substances
          L5 – The Control of Substances Hazardous to Health Regulations 2002 Approved Code of Practice and Guidance
        • Section 1.6 – Workplaces
          L24 – Workplace health, safety and welfare
        • Section 1.7 – Management of health and safety
          L21 – Management of health and safety at work
        • Section 1.8 – Agriculture
          L116 – Preventing accidents to children in agriculture
        • Section 1.9 – Pipelines
          L81 - Design, construction and installation of gas service pipes

16. The initial review also identified 15 ACOPs where HSE proposes to make minor revisions or no changes.  Subject to the outcome of this consultation, these changes will be taken forward separately to the review for delivery by end-2014.  Summaries of the proposals and related consultation questions are provided in Section 2 of this consultation document.  The ACOPs covered by these proposals are the following

Section 2 – Proposals to make minor revisions or no changes - to be delivered by end-2014 or to make no changes

  • Diving
    L103 – Commercial diving projects offshore
    L104 – Commercial diving projects inland/inshore
    L105 – Recreational diving projects
    L106 – Media diving projects
    L107 – Scientific and archaeological diving projects
  • Work equipment
    L22 – Safe use of work equipment
    L112 – Safe use of power presses
    L114 – Safe use of woodworking machinery
  • Lifting equipment
    L113 – Safe use of lifting equipment
  • Confined spaces
    L101 – Safe work in confined spaces
  • Pressure systems
    L122 – Safety of pressure systems
  • Hazardous substances
    L60 – Control of substances hazardous to health in the production of pottery
    L132 - Control of lead at work
  • Quarries
    L118 – Health and safety at quarries

Worker involvement
L146 – Consulting workers on health and safety

17. Two ACOPs were identified for revision or withdrawal without consultation, either because changes had been consulted on prior to the Löfstedt review or because the legal provisions with respect to which the ACOP was approved have been revoked.  Details of these ACOPs are provided in Annex 1 of this consultation document.  The ACOPs concerned are the following:

Annex 1 – ACOPs to be revised or withdrawn

  • Lift trucks
    L117 – Rider-operated lift trucks: Operator training
  • Chemical manufacturing
    L130 – The compilation of safety data sheets

18. Arrangements for the review of the 20 ACOPs that have not been reviewed at this time are described in Annex 2 of this consultation document.  The ACOPs concerned are as follows:

Annex 2 – ACOPs not reviewed due to ongoing sector specific consolidations of legislation or other regulatory amendments

  • Construction
    L144 - Managing health and safety in construction
  • Docks
    COP25 - Safety in docks
  • Mining
    L43 - First aid at mines
    L128 - The use of electricity in mines
    COP28 - Safety of exit from mines underground workings
    L42 - Shafts and winding in mines
    L45 - Explosives at coal and other safety-lamp mines
    L46 - The prevention of inrushes in mines
    L71 - Escape and rescue from mines
    L119 - The control of ground movement in mines
    L145 - Control of inhalable dust in coal mines
    L44 - The management and administration of safety and health in mines
  • Explosives
    L139 - Manufacture of storage of explosives
  • Offshore
    L65 - Prevention of fire and explosion and emergency response on offshore
    installations
    L123 - Health care and first aid on offshore installations and pipeline works
  • Flammable substances
    L93 - Approved tank requirements – The provisions for bottom loading and vapour recovery systems of mobile containers carrying petrol
    L133 - Unloading petrol from road tankers
    COP6 - Petroleum-spirit (plastic containers) regulations 1982
  • Radiation
    L121 - Work with ionising radiation
  • First aid
    L74 - First aid at work