Health and safety legislation in the warehouse: an update

Legislation is often seen as a burden and an inconvenience but nobody will disagree that a safe workplace is essential.

Ruari McCallion looks at the latest developments.

It can be very easy to inadvertently fall foul of ‘red tape’ – the mass of legislation that sometimes seems to interfere with every aspect of life, from the moment we wake up until we go to bed – and even further, if you’re in the bedding business.

And nothing stands still: new regulations seem to be proposed or enacted every week. Within the last two years, a number of measures have come into force and failure to observe them can have serious consequences. They range from new measures to extensions of existing regulations into areas that involve warehouse operators. International legal firm Nabarro has helped to highlight some of the more important developments.

Hazardous substances – workplace exposure limits and labelling

The European Commission’s Third Directive on Indicative Occupational Exposure Limit Values requires Member States of the European Union to introduce domestic occupational exposure limits for certain substances. Additionally, the level of the domestic limit must take account the Indicative Occupational Exposure Limit Value. New limits for certain substances came into force in December 2011 in the UK and are either already in place or imminent across the EU. Among these are: new entries covering bisphenol A; mercury and divalent inorganic mercury compounds including mercuric oxide and mercuric chloride; methyl acrylate; sulphuric acid (mist); and vinyl acetate. New eight-hour time-weighted averages (TWAs) and, in the case of methyl acetate and vinyl acetate, short-term exposure limits (STELs) have also come into force. Reductions to the existing workplace exposure limits (WELs) are now in force for a range of substances, including carbon disulphide and various ethoxyethanol and methoxyethyl compounds.

“New limits for certain substances came into force in December 2011 in the UK and are either already in place or imminent across the EU.”

On the bright side, there is a lightening of the regulatory burden: the STEL for 1.4-dioxane has been removed, as has the existing eight-hour TWA WEL for methyl isocyanate and its existing STEL has been reduced. However, tertiary3 butyl-methyl-ether now has its own WEL, and phenol is now covered by a STEL. This is just a sample of the changes introduced by the Directive and it is not surprising if it all brings on the threat of a headache. And it doesn’t end there: labelling regulations are changing as well. The European Regulation on Classification, Labelling and Packaging of Substances and Mixtures (CLP Regulation) aligns existing EU regulations to the Globally Harmonised System of Classification and Labelling of Chemicals (GHS), a United Nations system designed to identify hazardous chemicals and provide information through standard symbols and phrases on packaging labels, and through material safety data sheets.

The CPL regulations themselves came into force in January 2009 but a small degree of relief is at hand: as with pretty much all EU legislation, there is a transitional period. While the deadline for substance classification was December 2010 that for mixtures is June 1, 2015, so operators have a chance to become fully acquainted with them before they are fully in force. Fuller information can be found in documents numbered EH40/2005 Workplace Exposure Limits.

Lift trucks – driver training

It is still the case that the largest proportion of reportable workplace accidents involves lift trucks and this is an area that seems to be constantly under observation. In February 2010, the UK’s Health and Safety Executive (HSE) held a stakeholder event for over 100 people to discuss the way forward for the effective implementation of L117 (Approved Code of Practice and guidance for ride-operated lift trucks) and HSG6 (Safety in working with lift trucks). As a result of this event, the HSE has proposed to combine, simplify and update these two existing publications. While there will not be any changes made to the Approved Code of Practice text, the guidance on training and competence will be clarified. When this new guidance will be published is not yet certain but it may be in Autumn (Q3) of this year.

“It is still the case that the largest proportion of reportable workplace accidents involves lift trucks and this is an area that seems to be constantly under observation.”

Warehouse health and safety

“The issues that I come across in warehouse situations have been the same for many years and I think they remain the key challenges for the future,” says Lukas Rootman, a partner with international legal firm Nabarro LLP. “Falls from height remain one of the major contributors to fatalities at work.

It happens in warehouses when people fall off ladders, step ladders or cherry pickers when collecting items. I have also seen it happen when people fall through sky lights, or off ladders during maintenance activities.”

Manual handling, such as people attempting to pick up heavy items, also contribute to the statistics, as does poor housekeeping. The Lean technique of 5S, which places an emphasis on keeping workplaces tidy, not only contributes to greater efficiency, it also helps to reduce workplace accidents; if items are not left lying around, then people are less likely to fall over them.

“Falls from height remain one of the major contributors to fatalities at work. It happens in warehouses when people fall off ladders, step ladders or cherry pickers when collecting items.”

“I will also include the occasions when stuff topples over onto people – when, for example, boxes have been stacked too high, or inappropriately,” he continued. Incidents involving lift trucks running into people, knocking things over or dropping items, also help to keep fees rolling into legal offices. The widespread use of temporary labour, including agency staff, can help to keep payroll costs down but can see other expenses rise, if appropriate measures are not taken. “The main actions that can be taken to deal with the common issues relate to training, instruction, competency assessments – for contractors especially – and appropriate supervision. The key to this, as with most health and safety challenges, is founded in effective risk assessments.”

All are not equal

Health and Safety laws apply to all businesses but more stringent requirements apply to employers with five or more employees, such as the requirement to have a written health and safety policy, and to record the significant findings of their risk assessment. Larger businesses can cross lines related to storage of hazardous materials, in all innocence – when there is the threat of a fuel shortage or bad weather, for example, it can be prudent to increase stock of gas or oil to ensure the business keeps running. However, it is a good idea to ensure that the increased stockholding does not take the business into an area where more stringent regulations apply. The cost of ensuring compliance with COMAH (Control of Major Accident Hazard Regulations) in terms of procedures and storage facilities can be high, but financial penalties for breaches are even higher.

Warehouse operators and managers have to understand what safety requirements apply to them. While regulations are changing and being updated almost constantly, the resources to ensure compliance are available from appropriate authorities across Europe, and from legal advisors like Nabarro.