Enhesa Regulations Update February 2018

Enhesa is an international environmental, health and safety consulting firm providing EHS and product regulatory assurance support to businesses worldwide. Over the past 20 years Enhesa has built a knowledgebase of EHS regulations, which includes the What of business requirements, the How to develop cost-effective solutions and the When of enforcement activities. Headquartered in Brussels and Washington, DC, Enhesa’s team of highly trained and experienced, multilingual consultants has the extensive expertise to keep companies ahead of the latest regulatory policy issues as they unfold in over 200 jurisdictions around the world.

The following overview provides the indicative title in English, date of adoption and the Enhesa reference number.

Interested in additional information on any of these developments and what they require? Contact Enhesa at [email protected] www.enhesa.com

From November 2017 until the end of January 2018, several new regulations of interest to industry were adopted or published in Europe. Noted below are many of these significant regulatory developments.

Austria

• Updated requirements for drinking water suppliers published- 11-Dec- 2017 [68443]
• Updated requirements for escape routes and emergency exits adopted- 08-Nov-2017 [67621]

Belgium

• FEDERAL: companies transporting dangerous goods (except explosives and radioactive substances) by rail must comply with the Royal Order of 2017- 27-Nov-2017 [68660]
• FLEMISH REGION: Ecological investments that are earned back in a period of less than 3 years are not eligible for subsidy of the Flemish Government- 23-Nov-2017 [68627]

Bulgaria

• Certificate of training for safety advisers for transport of dangerous goods by sea and inland waterways issued in new template- 28-Nov-2017 [68831]
• Companies employing contractors and temporary workers no longer required to submit annual declaration if no changes to previously reported information- 05-Dec-2017 [68574]

Czech Republic

• Employers will have to use some new safety signs in workplaces- 13-Nov- 2017 [68634]

Significant Development

From 28 November 2017, employers will have to use a new set of safety signs and signalisation introduced by Regulation No. 375/2017 Coll. Most of the safety signs will remain the same, however, some new requirements and signs were introduced for the labelling of chemicals, for fire safety and for roads for vehicles in workplaces. Companies will have to use new signs for emergency exit on the right and for fire ladders. Companies operating workplaces where chemical substances or mixtures are handled will have to ensure that the containers or pipes for the storing or transport of chemicals are labelled in accordance with Regulation EU/1272/2008 (CLP). However, they will be able to benefit from a new exception whereby, under certain conditions, containers do not have to be labelled if they are either used only for brief periods of time or if their content changes frequently.

• More details introduced on occupational medical assessments- 15-Dec- 2017 [68966]

European Union

• 3 further substances can have EU harmonised classification and labelling- 05-Dec-2017 [68795]
• Employers to comply with new or stricter occupational exposure limits (OELs) for 13 carcinogens- 27-Dec-2017 [63510]

Significant Development

Facilities where workers can be exposed to hazardous chemicals must comply with new or stricter occupational exposure limit (OELs) for 13 carcinogens as of 17 January 2020. This follows from Directive (EU) 2017/2398 amending Directive 2004/37/EC. Directive (EU) 2017/2398 establishes stricter OELs for hardwood dust (3 mg/m3 until 17 January 2023 and 2 mg/m3 thereafter) and vinyl chloride monomer (2.6 mg/m3). It also sets new OELs for 11 substances, including, ethylene oxide (CAS 75-21-8) (1.8 mg/m3), acrylamide (CAS 79-06-1) (0.1 mg/m3), 1,3-butadiene (CAS 106-99-0) (2.2 mg/m3) and respirable crystalline silica dust generated by a work process (0.1mg/m3). Furthermore, employers must assess and reduce workers’ exposure to respirable crystalline silica dust, following its inclusion in the list of carcinogens of Annex I to Directive 2004/37/EC.

• European Commission granted authorisations to use sodium dichromate, 1,2 -dichloroethane and ammonium dichromate under Annex XIV to REACH Regulation- 22-Dec-2017 [69022]
• European Court rules that weekly rest periods can be given at any time in a reference period- 09-Nov-2017 [68620]

Finland

• Act on Pressure Equipment amended to clarify language and safety requirements- 05-Dec-2017 [67830]]
• Minor changes to duties of consignor and loader for transport of dangerous goods by road and rail- 14-Nov-2017 [68531]
• Minor changes to the fees levied by the Finnish Safety and Chemicals Agency as of 1 December 2017- 22-Nov-2017 [68723]
• Minor changes to the regulations on design of working areas, including requirements concerning proper functioning of telecommunications- 27-Dec- 2017 [67828]
• Modified rules regarding energy certificates of buildings applicable as of 1 January 2018- 28-Dec-2017 [68099]
• More types of waste can be reused in earth construction as of 1 January 2018- 12-Dec-2017 [67332]
• New Decree on the acoustic environment of buildings seeks to enhance the acoustic conditions in open offices- 05-Dec-2017 [68871]
• Technical changes adopted to regulation protecting employees from biological agents at the workplace- 20-Dec-2017 [67872]

France

• All companies can now be required to establish a Health, Safety and Working Conditions Commission as part of high-profile labour law reform- 21-Dec-2017 [69058]
• Further requirements relating to receptacles for the inland transport of dangerous goods (TMD Order)- 16-Dec-2017 [68994]
• Labour law reform on occupational strenuousness now finalised: risk factors and exposure thresholds used to assess strenuousness amended- 28-Dec- 2017 [69072]
• Standards for operations on electrical installations approved- 30-Nov- 2017 [68726]
• Updated regulatory framework for pipeline operators and companies performing construction works near pipelines- 14-Nov-2017 [68582]

Germany

• Bbg: Requirements regarding places of assembly updated in line with EU law- 04-Jan-2018 [69126]
• Occupational exposure limit values for several substances introduced or clarified- 30-Nov-2017 [63804]
• Transporters of dangerous goods by sea have to adapt their practice to the newest version of the IMDG-Code- 13-Dec-2017 [68344]

Hungary

• Amended Disaster Management Law to list the types of information that the competent authority may collect and process, but may not transfer- 10-Nov- 2017 [68672]
• Companies have to comply with more stringent permitting requirements for built-in fire alarm systems and firefighting equipment- 29-Dec-2017 [69110]
• Facilities operating electrical equipment have to comply with electrical safety regulations for equipment, installations and devices- 04-Dec-2017 [68842]

Italy

• “Whistleblowing” provisions for public and private companies approved- 14-Dec-2017 [68476]
• Fiscal incentives and new authority for waste established in the 2018 budget law- 29-Dec-2017 [68818]
• Guidance and checklist for safety transport of certain dangerous goods on rail published- 23-Nov-2017 [68718]

Netherlands

• Employers must comply with updated basic safety standards for radiation protection of employees against the effects of exposure to ionising radiation- 07-Nov-2017 [66232]
• Larger budgets available for the EZ subsidies of Topsector Energy projects and Eurostars projects- 06-Dec-2017 [68781]
• Subsidies for removal of asbestos roofing increased to EUR 26.200.000 until the end of 2017- 03-Nov-2017 [68428]
• Subsidies made available for the production of renewable energy in spring 2018 (SDE+ 2018)- 11-Dec-2017 [68833]
• Subsidy ceiling for the removal of asbestos roofs for the year 2018 is set at EUR 11.300.000,00- 05-Dec-2017 [68756]

Norway

• List of CMR substances restricted under Annex XVII to the REACH Regulation aligned with current harmonised classification under CLP Regulation- 20-Dec- 2017 [66916]

Poland

• Companies are now subject to additional rules on fire safety for buildings and parking garages- 18-Dec-2017 [69042]
• Companies soon to be subject to more stringent occupational health and safety requirements while casting metals- 09-Jan-2018 [69163]

Portugal

• Commercial vehicles can be subject to a technical roadside inspection- 29-Nov- 2017 [68741]
• Employers to use a new template for the notification of work-related accidents- 11-Jan-2018 [66718]
• Labelling and reporting requirements of the F-gases Regulation implemented into Portuguese law- 30-Nov-2017 [68000]
• Portugal approves the Minamata Convention on mercury- 23-Nov-2017 [68628]
• Requirements for the marketing of biocidal products aligned with the Biocidal Products Regulation- 10-Nov-2017 [67992]
• Several EU Directives on heavy metals restrictions in EEE and toys and aerosol containers allowed pressure transposed into Portuguese law- 08-Nov- 2017 [67913]

Serbia

• Requirements on aerosol dispensers enter into force- 24-Nov-2017 [68970]

Slovakia

• Major changes to employers’ obligations to conduct medical risk assessments at the workplace- 28-Nov-2017 [68707]

Sweden

• Reporting requirement for nanomaterials introduced together with minor changes to chemicals regulation as of 1 January 2018- 01-Dec-2017 [68961]
• Stricter penalties for handling explosive goods without appropriate permit- 01-Dec-2017 [68816]

United Kingdom

• Companies manufacturing heating or cooling products will be subject to Ecodesign Regulations- 24-Nov-2017 [68659]
• Companies working in Northern Ireland with ionising radiation subject to updated notification requirements and equivalent dose limits- 07-Dec- 2017 [68819]
• Companies working with ionising radiation subject to updated notification requirements and equivalent dose limits- 30-Nov-2017 [68773]
• UK Government designates the enforcement authorities for the EU Regulation on Mercury- 07-Dec-2017 [68638]