Hot Topics Fact Sheet 12
9 June 2016
Item 1. New HSE Chair – Martin Temple
Martin Temple has been appointed as Chair of the Health and Safety Executive (HSE) Board and took up post on 1 May 2016. Martin has more than 30 years of experience in private and public sector roles, including senior positions at the Sheffield Hospital Trust, EEF Manufacturers’ Organisation and 600 group. Martin is getting to know the organisation and looking to build on its success as a world-leading workplace health and safety regulator.
Item 2. Transposition of Electromagnetic Fields Directive (2013/35/EU)
The HSE ’Control of Electromagnetic Fields Regulations 2016’ is due to come into force on 1 July 2016; draft guidance to support the Regulations is now available on the HSE website and can be accessed from this link:
It should be noted that as these Regulations are subject to legal checks and Parliamentary approval. If you download a copy of the draft guidance before 1 July 2016, it may be subject to further change before the Regulations come into force.
The summary report for the EMF public consultation analysisis also available on the HSE website and can be accessed via the link
The European Commission’s ‘Non-binding guide to good practice for implementing Directive 2013/35/EU Electromagnetic Fields’ has been published and can be accessed via this link:
Item 3.Pregnancy and maternity related discrimination and disadvantage in the workplace
The Equality and Human Rights Commission (EHRC) and the Department for Business, Innovation and Skills (BIS) recently published comprehensive research into pregnancy and maternity discrimination at work. 3,000 mothers and 3,000 employers were interviewed forthe survey and provided views and experiences on a range of issues related to managing pregnancy, maternity leave and mothers returning to work from maternity leave. Key findings on the management of health and safety were that almost all employers understand their legal obligations to provide a safe environment yet 4% of mothers reported they had left their job as a result of workplace risks not being resolved satisfactorily.
HSE worked closely with both EHRC and BIS throughout the exercise and will take forward the following recommendations:
- review HSE guidance to employees and employers to ensure it emphasises the importance of ongoing and open communication between employers and new and expectant mothers in enabling employers to comply with their obligations to:
- ensure the general risk assessment includes an assessment of the risk to new and expectant mothers, where applicable
- inform the employee of any risks identified to her health and safety and the relevant preventive and protective measures, and
- and review the general risk assessment where there is reason to suspect it is no longer valid;
- address the issues raised in the research findings about health and safety in particular industry sectors and occupational groups (Arts, Culture & Leisure; Hospitality and Health & Social Care sectors) by working with stakeholders in these areas to improve practice; and
- raise employers’ awareness of their health and safety obligations to pregnant women and new mothers, and awareness of existing guidance on breastfeeding.
More in depth information about the research findings can be found:
- Key findings
- Research Recommendations
- Government Response
- EHRC Research help and advice for employers and employees
If SBTAF members have any observations to make or wish to share any experiences on this subject please contact
Item 4. Review of regulations governing the use of hazardous materials in the workplace
HSE is starting a fundamental review of the suite of regulations governing the use of hazardous materials in the workplace (excluding asbestos).The aim of the review is to:
• simplify the regulatory framework - making it easier for duty holders to comply with their duties,
• promote proportional risk management,
• maintain a high level of health and safety protection.
The review will cover the Control of Substances Hazardous to Health Regulations (COSHH), the Control of Lead at work Regulations (CLAW) and the Dangerous Substances and Explosive Atmospheres Regulations (DSEAR).
The project will help to deliver important themes in the new Helping Great Britain Work Well strategy for the health and safety system, in particular those on:
• Managing risk well
• Tackling ill health
• Supporting small employers
Timing of the project will depend on a number of factors, but we anticipate that any legislative changes would be made by the end of 2019.
Over the coming months we will be consulting with a wide range of stakeholders to gather evidence prior to the development of any proposals, and we would welcome input from SBTAF members. If you are interested in contributing to the review please contact the review team at .
Item 5.Review of LA delivery of health and safety regulatory services
HSE’s Local Authority Unit is exploring ways to address the issues influencing Local Authority (LA) delivery of health and safety regulatory services. We want to ensure that LAs have access to sufficient levels of regulatory competency for them to effectively deliver health and safety regulation of their allocated duty holders.
Broadly speaking, LAs are responsible for regulating premises including finished goods, logistics and retail, offices, entertainment and other venues that tend to be frequented by the public. HSE is more centered on manufacturing, public sector, agriculture and construction.
One of the options under consideration is a review of the Health and Safety (Enforcing Authority) Regulations 1998 (EA Regs). We are exploring the possible benefits of changing the existing enforcement allocation to make interpretation simpler and/or altering the enforcing authority boundaries between HSE and LAs.
We will carry out a short data collection exercise to help us gain a better understanding of how any proposed changes might impact on businesses. This will include questions about:
- The HSE/LA split (mentioned above);
- What impact businesses anticipate this change could have;
- Whether businesses have encountered any issues regarding the EA Regs in the past; and
- There will be an opportunity to tell us about your businesses experience of frontline delivery of health and safety regulation.
This short survey will be launched in June. Please would you encourage your members to participate and express their views? If HSE does determine legislative changes are needed there will be further formal consultation. If you would like to discuss any of the issues above in more detail please contact
Item 6. Fee For Intervention - Latest invoice information:
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