Hot Topics Fact Sheet 6
6 November 2014
Item 1. Self Employed Exemption
Professor Löfstedt’s report "Reclaiming health and safety for all: An independent review of health and safety legislation" recommended exempting from health and safety law those self-employed whose work activities pose no potential risk of harm to others.
Further information can be found on:
The clause relating to the exemption of self-employed people from health and safety regulations, when undertaking certain work activities is contained in the Deregulation Bill ('the Bill'). Currently the Bill has passed through the House of Commons and is now subject to scrutiny in the Lords. Second reading - the general debate on all aspects of the Bill - took place on the 7th July and Committee stage - line by line examination of the Bill - commenced on 21st October. Subject to any amendments made at Committee stage, it is envisaged that the Bill will receive Royal Assent in 2015.
In support of this work, HSE conducted a public consultation between 7th July and 31st August. The aim of the consultation was to consider public opinion on the prescribed list ofwork activities, which would not beexempt under the Bill. HSE is in the process of drafting guidance to support the introduction of the Bill and help people understand when the law will or won’t apply to the particular work activity they are undertaking. The guidance will be published before the exemption comes into law.
Item 2. New Regulations on Health and Safety in Mines
HSE’s consultation on new mines regulations closed on the 7 June 2014. The proposed Mines Regulations 2014 (which are planned to come into force on 6 April 2015) replace all the existing law present a much simpler single set of regulations for businesses to comply with whilst ensuring that the mine operator has clear duties to maintain necessary protection for mineworkers and others eg members of the public. Supporting guidance is being prepared in conjunction with industry stakeholders and this will be available when the new Regulations are laid in December.
HSE have prepared a summary of the responses to this consultation that will be available from November at
Item 3. H & S ABC Update
TheH&SABCbrand has been developed to bring together HSEs suite of guidance andtools for small and medium sized businesses (Health and Safety Made Simple, Toolbox and online risk assessment tools). Ourcampaign activities ran from September 2013 to May 2014
Post-campaign evaluation took place in June 2014. We surveyed a 250-strong sample of businesses to assess awareness of H&S ABC and the tools and guidance as well as HSE and health and safety. In addition we analysed PR and digital activity and visitor traffic on and between relevant HSE web pages, to understand any relationship between this and elements of the campaign.
From the survey results, we know there has been an increase in awareness of HSE’s specific guidance of HSMS and the Toolbox amongst our target audience.
- 32% of the target audience were aware of the new H&S ABC brand by the end of the campaign period.
- Awareness of HSMS with the target audience increased by 9%
- Awareness of Toolbox with the target audience increased by 3%
We are grateful for SBTAF members support during the campaign and would welcome your assistance in encouraging small businesses to use this suite of guidance and tools. For more details please visit or contact
Item 4. Updated petroleum storage regulations
The Petroleum (Consolidation) Regulations 2014 came into force on 1 October 2014. The regulations apply to:
· workplaces that store petrol where petrol is dispensed, e.g. retail and non-retail petrol filling stations; and
· non-workplace premises storing petrol, for example at private homes, or at clubs/associations (or similar).
The regulations combine and update previous petroleum storage legislation. It is not intended to bring in any workplaces that were not previously licensed under the Petroleum (Consolidation) Act 1928. Further information on the regulations can be found at:
The Petroleum Enforcement Liaison Group (PELG) representing enforcing authorities and relevant industry has also produced guidance on the new regulations at:
Item 5. Alternative gaseous vehicle refuelling
The Office for Low Emission Vehicles (OLEV) is a team working across government to support the early market for ultra-low emission vehicles (ULEV). Part of this support is the development of a refuelling infrastructure for hydrogen and LNG (Liquefied Natural Gas) powered vehicles. Currently 15 hydrogen refuelling sites are planned by the end of 2015 with a larger infrastructure of refuelling sites planned in phases up to 2050. See OLEV and UK H2Mobility websites for further details:
Hydrogen and LNG have different properties to conventional fuels (petrol, diesel), effecting their safe storage and use. HSE has been working to ensure development of industry agreed safety standards on the design and operation of vehicle filling stations for these fuels. This has involved convening an industry working group of the APEA (Association for Petroleum and Explosives Administration), EI (Energy Institute) and BCGA (British Compressed Gases Association). Standards produced by this working group will eventually be incorporated into the APEA “Blue book” (Guidance for Design, Construction, Modification, Maintenance and Decommissioning of Filling Stations) and the PELG “Red Guide” (Petrol filling stations guidance on managing the risks of fire and explosion).
Initially standards on hydrogen refuelling sites will appear on the APEA website early 2015, with those for LNG being developed later in 2015.
Item 6. The new Explosives Regulations 2014 (ER 2014) and the Acetylene Safety (England and Wales and Scotland) Regulations 2014 (ASR 2014) came into force on 1 October 2014.
Explosives Regulations 2014 (ER2014)
HSE has been working with stakeholders since 2010 to review existing health and safety related explosives legislation. One of the key aims of that review has been to consolidate, modernise, and, where practicable, simplify the legislative arrangements
ER 2014 consolidates and therefore revokes a number of existing explosives regulations. It brings together the requirements of health and safety related explosives legislation into a framework based around common topics such as authorisation, safety, security and placing on the market. As a result of the consolidation the Approved Code of Practice to the Manufacture and Storage of Explosives Regulations 2005 (L139) has been withdrawn. Guidance relating to the security of explosives (HSE Circular 1/2005), and guidance on the placing of civil use explosives on the market (L66) have also been withdrawn.
Further information can be found at
Acetylene Safety (England and Wales and Scotland) Regulations 2014 (ASR 2014)
HSE has also worked with stakeholders to consolidate a range of legislative instruments relating to Acetylene including regulations and orders, into a single set of regulations. These regulations simplify and where appropriate, modernise legislative arrangements for compressed acetylene gas whilst maintaining pre-existing safety standards.
Further information can be found at