Technical News:

Provision and Use of Work Equipment Regulations 1998
(PUWER `98)

The technical press has made much of the introduction of the PUWER `98 regulations applicable to those who hire out plant equipment from the 6 December 1998. The UK interpretation is that companies that own their own plant will he given until December 2002 to comply with the regulations. FMCEC has been involved with HSE interpreting the regulations and drafting a code of practice for those who hire out plant equipment. There is still much work to be done hut guidance on the regulations is complete. The essential points for introducing PUWER `98 for plant equipment manufacturers is:

• There will be a gradually phasing in of the requirements recognising that manufacturers have been given insufficient time to build the Roll over protection structures (ROPS) required.
• HSE will expect hirers to start putting together action plans giving the time scales for fitting ROPS and scat belt anchorage points if required, this may require delivery dates from manufacturers.
• There will he a priority list for equipment to be fitted with ROPS and seat Belt anchorage points, the highest priority will be modern equipment easily fitted with the safety equipment. However, HSE guidance will recognise that some equipment is either too old or has insufficient strength to safely fit ROPS and seat belt anchor points.
• HSE will make it clear to hirers not to fit ROPS and seat belt anchorage points that have not been tested to ISO 3471:1994 and ISO 6683:1981 standards.

HSC Discussion Paper on Investigating Accidents

HSC has put forward proposals to introduce a duty on employers to investigate causes of accidents in the workplace. Current legislation requires employers to protect the health of their employees as far as reasonably practical, to keep a record of accidents under some circumstances and to report certain serious accidents. Current legislation has only an implied duty to investigate the causes of accidents.

The discussion paper puts forward a number of options requiring employers to investigate accidents leading to injuries and possible dangerous occurrences. The lesser option is that the law remains unchanged but guidance notes would be issued to employers.

The most draconian option would require the production of a report to he sent to HSE and full co- operation with HSE Inspectors if an official investigation was undertaken.

If these proposals are introduced they will have major implications for all employers including SMEs. The paper contains an annex which enables employers to put forward their views and returns are required by 2 March 1999. We would be grateful for a copy of any responses so that we can co-ordinate an industry response to this important issue.

Copies of the discussion document "A new duty to investigate accidents" are available free of charge from HSE Books, PO Box 1999, Sudbury, Suffolk, C10 6F5.

Tel (01787) 881165
or on the HSE web site www.open.gov.uk/hse/disdocs/

Exhaust Emissions for Non Road Mobile Machinery (NRMM)

When drafting this Directive the problem of replacement engines was overlooked. A replacement engine is a completely new engine fitted to an old machine. With the new Directive a replacement engine will have to meet all requirements of the Directive. Difficulties will occur as the new engine would almost certainly have different dimensions and different electrical and mechanical connections. DTI asked FMCEC
to undertake a study of the problem, research indicates that UK replacement engines represent about 0.6% of new engine production.

This problem will be addressed at the NRMM Directive review in three years time.

Disability Discrimination Act (DDA)

The Government, together with the National Disability Council (NDC), has launched consultation on the introduction of new rights of access to goods, facilities and services under the DDA; and the Government has begun consultation on new rights for disabled members of trade organisations.

Consultation packs can be obtained from the DDA Information line.
Tel: (0345) 622633 Fax: (0345) 622611.

The documents can also be found on the DfEE's and NDC's websites:
www.disability.gov.uk and www.open.gov.uk/ndc/ndchome.htm

Employment Rights (Dispute Resolution) Act 1998

New measures under the above came into force last year. They streamline tribunal procedures and encourage the greater use of voluntary alternatives, where differences occur. They will enhance access to informal, speedy and inexpensive justice when a dispute arises.

Copies of the Commencement Order are available from the Stationery
Office (l998/1658 C.32); or see the Stationery Office website: www.official-documents.co.uk/menu/uk.htm

Environmental Technology Best Practice Programme (ETBPP)

An Environmental Helpline has been set up for companies who need environmental information and do not know where to get it.

The Helpline has an active role in the ETBPP, a government initiative which aims to promote better environmental performance while increasing the competitiveness of UK industry and commerce.

The Helpline number is 0800 585794 or you can fax the Helpline on 01235 463804