COVID-19 PPE specification (UK)

The government (DHSC) has today (31st March) published its PPE specification – here.

This covers –

(1) gowns,

(2) masks, including respirator masks and hoods

(3) eye protection

General requirements

(1) All products must have their CE marking clearly evident on the product and/or packaging and must conform to the relevant directive:

Medical Devices Regulation 2017/745

(2) Any product that contains phthalates must be indicated on the packaging in accordance with:

Medical Devices Regulation 2017/745.
Personal Protective Equipment Directive 89/686/EEC

(3) In accordance with the Control of Substances Hazardous to Health Regulations 2002 (as amended) (COSHH) safety data sheets for all products that fall under this Regulation must be provided to NHS Supply Chain.

(4) All products and packaging should be latex free where possible. Any products or packaging containing latex must be clearly labelled as such to inform the user.

(5) All products must be supplied with a minimum 3 years shelf life from the date of manufacture.

(6) Where applicable all products must be supplied with instructions for use and disposal/recycling instructions or symbols printed in English.

Please read the attached link – here – for the detailed requirements applicable to each product group.

COVID-19 Factory & Transport Guidance (UK)

Manufacturing, factories and transport operations are not listed as restricted operations and are expected to stay open, with the workplace adjusted to ensure social distancing, and symptomatic workers sent home to recover. Some operations will also be able to be carried out via home working.

Transport workers are classed as essential workers with respect to their children attending school.

Guidance (rules) issued so far –

(1) food businesses – here

(2) Northern Ireland food and drink industry guidance – here

(3) transport – here

(4) freight transport – here

(5) marine settings of shipping and ports – here

Guidance (rules) for all employers, employees and businesses is here.

Guidance (rules) on cleaning is here.

The Health and Safety Executive also has guidance (rules) – here. (I blog posted about this yesterday)

Health and Safety Executive Northern Ireland guidance (rules) – here

COVID-19 New HSE Guidance (UK)

The UK Health and Safety Executive (HSE) has new COVID-19 guidance – here.

Covering –

(1) face masks

(2) hand sanitisers

(3) diver’s medical certificate

(4) driver welfare and hours (I blog posted before about this)

(5) health/medical surveillance

(6) protecting home workers

Plus links to key gov.uk issued guidance – note the employees, employers and businesses one was updated yesterday.

NOTE Subscribers will see a new COVID-19 compiled list of law and guidance loaded into their Occupational Health and Safety Registers from Tuesday. Find this near the Brexit lists.

STAY SAFE

UK exits the EU (Ireland Brexit Preparedness)

Ireland has online resources to help business and households prepare for Brexit.

The Department of Finance here has resources, including the EU Brexit Preparedness Notices.

The Department of Foreign Affairs and Trade here has resources.

Enterprise Ireland here has resources.

The Bank of Ireland here has resources, these include links to the Brexit resources produced and compiled by others.

Waste Crime (UK – E&W)

DEFRA is conducting a consultation on proposals to tackle crime and poor performance in the waste sector, and introduce a new fixed penalty for the householder waste duty of care. The consultation closes on 26th March 2018, and applies to England and Wales. The consultation document is here.

One part of this consultation proposes changes to the waste exemption regime (set out in Schedule 3 of the Environmental Permitting (England and Wales) Regulations 2016 (as amended)).

Waste exemptions are exemptions from the need for an environmental permit for waste recovery and disposal operations. Since exemptions were first introduced in 1994, the government has made extensive use of them (within the EU rules) to provide a light-touch form of regulation for small-scale, low risk waste management activities.

In England and Wales, there are 59 types of exempt waste operations available for the use (U), treatment (T), storage (S) and disposal (D) of waste. Similar provisions exist in Scotland and Northern Ireland (but note the exact exemptions are different).

Apart from exemption T11 for the treatment of waste electrical and electronic equipment (WEEE), it is free to register one or more exemptions at a site. The registration is valid for three years and then automatically expires, and can be re-registered or “renewed” for another three years. Each exemption has conditions setting out the types and quantities of waste that can be managed. The conditions also set out what treatments can be carried out, how the waste must be stored, and which environmental protection measures must be complied with.

Registering an exemption is not the same as applying for and receiving an environmental permit. A permit amounts to “permission” from the regulators to carry a set of particular activities. In contrast, by registering an exemption, the establishment or undertaking is self- certifying that they have read and understood the conditions of the exempt activity and will comply with them. At the point of registration, the regulators do not assess whether the criteria defined in the exemption are met.

The proposals set out for consultation focus on four areas: (pages 40 to 67 of the consultant document)

1. Prohibiting the use of waste exemptions in specified circumstances;

2. Making changes to the ten waste exemptions identified as being associated with the greatest levels of non-compliance and illegality;

3. Requiring additional information to support effective regulation of the regime;

4. Improving the process to register or continue an exemption.

Use the resources set out here to respond to this consultation.

Subscribers (England and Wales) to Cardinal Environment EHS Legislation Registers & Checklists will receive an Email Alert when the EPR changes.

Personal Protective Equipment (EU)

Existing PPE Directive 89/686/EEC covers the manufacture and marketing of personal protective equipment. It defines legal obligations to ensure that PPE on the European market provides the highest level of protection against hazards. The CE marking affixed to PPE provides evidence of this protection. Manufacturers or their authorised representative in the EU comply with the technical requirements directly or with European Harmonised Standards. The latter provides a presumption of conformity to the essential health and safety requirements.

Applicable 21 April 2018, Directive 89/686/EEC is repealed by the new Regulation (EU) 2016/425 of the European Parliament and of the Council of 9 March 2016 on personal protective equipment – here.

The new PPE Regulation is aligned to the EU’s New Legislative Framework policy. In addition, it slightly modifies the scope (enlarged to include PPE designed and manufactured for private use to protect against heat) and the risk categorisation of products. It also clarifies the documentary obligations of economic operators.

As a European Regulation (not a Directive) it is directly binding on a Member State (and on operators marketing to a Member State) without enactment of national law (although national law may be additionally enacted).

Brexit : PPE is covered by the EU Notice on Industrial Goods here. (I have posted a number of times with links to EU Notices)

Brexit in the UK, this new EU PPE Regulation applies from 21 April 2018, after Brexit it applies via the EU (Withdrawal) Bill. NB: the EU (Withdrawal) Bill is not yet enacted.

Subscribers to Cardinal Environment EHS Legislation Registers and Checklists will be sent an Email Alert of the addition of this new EU Regulation to the PPE Register and Checklist component in their websystems.

General Data Protection Regulation (EU)

The General Data Protection Regulation (2016/679) is here. Article 5 sets out the principles.

This GDPR applies from 25th May 2018 and overrides national law (although in some instances new national law may additionally be brought in).

[Brexit : the GDPR applies in the UK from 25th May 2018 – after Brexit, the GDPR will apply in the UK via the EU (Withdrawal) Bill – see separate Blog post – the EU (Withdrawal) Bill is not yet enacted]

[UK : separately (and not to be confused) a new UK Data Protection Bill is almost enacted – see Explanatory Notes here]

The general data protection regulation (GDPR) is part of the EU data protection reform package.

Features

• a single set of EU-wide rules — it repeals the pre-existing European Directive 95/46/EC;

• a data protection officer, responsible for data protection, must be designated by public authorities and by businesses which process data on a large scale;

• one-stop-shop — businesses will deal with one single supervisory authority (in the EU country in which they are mainly based);

• EU rules for non-EU companies — companies based outside the EU must apply the same rules when offering services or goods, or monitoring the behaviour of individuals, within the EU;

• privacy-friendly techniques must be used, such as pseudonymisation (when identifying fields within a data record are replaced by one or more artificial identifiers) and encryption (when data is coded in such a way that only authorised parties can read it);

• removal of notifications — the new data protection rules will scrap most notification obligations and the costs associated with these, one of the aims of the data protection regulation is to remove obstacles to free flow of personal data within the EU;

• impact assessments — businesses must carry out impact assessments when data processing may result in a high risk for the rights and freedoms of individuals;

• record-keeping — SMEs are not required to keep records of processing activities, unless the processing is regular or likely to result in a risk to the rights and freedoms of the person whose data is being processed.

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The UK Information Commissioner’s Office (ICO) has a useful updated guide in English here.

ICO guidance for small organisations is here.