REGISTER OF LEGAL & OTHER REQUIREMENTS

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Document History
Issue Date Brief Details of Amendments
Level
1 10/02/10 First issue of register following assessment of company operations and activities
2 12/04/10 Addition of H28 CDM Regs dues to change in nature of contracts
3 12/10/10 Addition of E24 batteries directive

Environmental information Health & Safety Information

www.envirowise.org.uk www.legislation.hmso.gov.uk
http://www.netregs.gov.uk/ www.hse.gov.uk
www.english-nature.org.uk www.hsedirect.com
www.etsu.com/etpp/
www.netregs.gov.uk/netregs/1226009/?referrer=/netregs/

1.0 Legal And Other Requirements:

The Company has identified a number of health & safety and environmental Acts, Regulations
and other requirements that either directly or indirectly relate to Company activities, the list below
is not intended to be exhaustive and only defines key Legal and Other Requirements. The
implications for Company activities are detailed in section 2. Section 3 provides information on
and a key for environmental protection designated areas.

Ref: Other Documents & Requirements

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2.0 Evaluation of requirements and implications against activities:

Each Regulation is rated in terms of compliance relevance.

A compliance required and applied
B compliance required, but not fully applied
C compliance possibly required at a future date, but no current need established
D compliance not specifically required, but regulation/requirement elements taken into account

Ref. Legal or other Duty Imposed Relevance to Company Activities Rating

Requirement
E1 Environment Act The Act covers air quality and is directed at Local Authorities. The Company do not have any emissions or discharges A
Targets and monitoring must be introduced where a particular that need to be monitored.
type of pollution is above the target levels the Authority may
introduce restrictions on industry to enable the targets to be
achieved
E2 Environmental The Acts covers a wide range of subjects, many of these The legislation is applicable to a number of aspects of A
Protection Act subjects are covered by supplementary legislation, main areas Company operations.
being:
Maintenance of premises Contractors Environmental responsibilities are
Control over disposal of wastes addressed initially in the tendering process. Operational
Smoke, fumes or gasses emitted Procedures control activities.
Dust, steam, smell or other effluvia
Accumulation or deposit
Noise for premises
Noise caused by a vehicle, machinery, or equipment in a
street
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E3 Controlled Waste The producer of the waste must identify the material as
The Regulations define controlled waste for the purposes of the A
Regulations Environmental Protection Act Part 2, which introduced three being controlled waste and should treat it as such in
categories of controlled waste: household, industrial and compliance with all relevant Regulations regarding
commercial. waste. The Company have a duty to ensure that all waste
is removed by licensed waste contractors and disposed
of in an appropriate manner
E4 Environmental The Acts impose a Duty of Care for the Company. This Duty of The Company do not produce large amounts of A
Protection (Duty of Care relates to environmental issues such as waste disposal hazardous wastes this is limited to batteries, oils and
Care) Regulations
fluorescent light tubes. A licensed waste contractor
disposes of these and copies of licenses are held on file.
E5 Landfill (England and The Regulations mainly apply to landfill sites, restrictions are The Company are responsible for correct classification A
Wales) Regulations in place for the type of wastes that can be disposed of at landfill of waste. This may involve some segregation, sorting or
sites. The sites must be registered and accept only certain types even pre-treatment of waste prior to disposal. The
of waste to avoid additional contamination Company must provide details of the waste to the
licensed waste contractor
E6 Hazardous Waste Regs These Regulations replace the Special Waste Regulations for The Company must classify waste and register as a A
England & Wales only. Waste must be defined using the ECSA producer of hazardous waste with the Environment
(European Waste Catalogue) Organisations generating over Agency. Only adequately licensed waste contractors are
certain quantities of waste are now required to register with the to be used for the removal and disposition of waste. The
Environment Agency. Waste contactors are prohibited from Company must maintain records and waste transfer
removing and disposing of waste without the Organisations notes for a minimum period of 36 months
registration number.
E7 Waste Management The legislation controls the declaration, classification, controls The Company must ensure that all waste contractors are A
Regulations and disposal of waste both general waste produced from the adequately licensed to transfer and dispose of the wastes
offices and hazardous waste such as batteries and fluorescent for which they are engaged. Copies of licenses should be
light tubes. The legislation also covers waste electronic obtained from all contractors and retained on file.
equipment such as the disposal of PC,s.
E8 Water Act Controls the abstraction of water and states a license is required The Company do not abstract water D
where abstraction is greater than 20CuMtrs/day. This
legislation is aimed at suppliers of water mainly for drinking
purposes
 REGISTER OF LEGAL & OTHER REQUIREMENTS
E9 Water Industry Act It is an offence for an owner or occupier of premises, either
through intent or negligence, to allow a water supply fitting to
be in a state of disrepair so as to cause the wasting, misuse or
contaminate the water. All those who use a supply of water
must ensure that water is not wasted and that internal fittings
are in a good state of repair
E10 Groundwater Regulates trade effluent discharges to public sewers.
Regulations It is an offence for an owner or occupier, negligently or
intentionally, to cause the contamination of water.
E11 Clean Neighbourhoods This legislation was introduced to increase powers of Local
and Environment Act Authorities and covers a number of issues from dog fouling to
abandoned cars. The main element of the legislation that may
relate to industrial activity is fly tipping
E12 The Clean Air Act The Act prohibits the generation of dark smoke either via
emissions to atmosphere through waste incineration or other
means
E13 The Water Resources The Act places a responsibility not to contaminate surface or
Act foul drain water nor to wilfully waste water resources.
E14 WEEE Regs Disposal of electronic and electrical equipment containing
certain substances is to be managed by a licensed waste
contractor and should take into account recovery and recycling
opportunities where ever possible.
E15 The Control of Pollution Requires organisations to ensure adequate control over oil
(Oil Storage) (England) storage to ensure protection of the environment
Regulations
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All water fittings must be maintained in a state of repair A
to avoid waste, misuse or contamination of supplied
water
The Company is supplied with mains water, but makes A
no discharges of trade effluent to sewer. The Company
ensure adequate protection of all oil/chemical storage to
prevent contamination
As with other legislation the Company have a Duty of A
Care to ensure any waste is disposed of in the correct
manner, this is extended to providers of skips and
reinstatement works to ensure no unnecessary tipping or
abandonment of waste occurs during site activity. Sites
must be kept clean and presentable at all times.
No dark smoke is generated from activities at the offices A
or during on site activity
All site (Office & Depot) drains run to foul sewer apart A
from surface water run off. During site based activities
there is potential for contamination to both surface and
foul drains. Operational controls are in place via
standard operating procedures.
The Company do not dispose of large amounts of WEEE A
waste and when necessary this is disposed via a licensed
waste contractor
Diesel and petrol may be stored on sites in small A
quantities to fuel generators, fuel is adequately bunded
tanks are in use to prevent spillage.
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E16 The Controlled Waste Legislation allows for seizure of vehicles used to illegally Company have a license to transfer waste, waste must be A
(Registration of Carriers dispose of waste (fly tipping) stored in compliance with legislation - in other words
& Seizure of Vehicles)
Regs not fly tipped.
E17 The List of Waste Regs Details the classification of each type of industrial waste Company are responsible for ensuring all waste is A
correctly identified and classified for legal removal from
site by a licensed waste contractor
E18 The Water Supply All fittings should be maintained in good working order to Water fittings such as on the pressure wash are to be A
(Water Fittings) Regs prevent pollution or wasteful use of water (leaks) inspected and checked to ensure they are not leaking and
water being wasted.
E19 Site Waste All waste form construction sites is to be measured and The Company do not currently operate as a principal A
Management Plans estimated in advance, the EA are to be notified contractor extent of relevance is by meeting principal
Regulations
contractor site rules for waste
E20 Environmental Damage The legislation gives additional powers to the Environment No new requirements, the company is responsible for A
Regs Agency in that they can enforce a clean up of damage and then ensuring they meet all environmental legislation. If a
issue a bill to the responsible company even if the company spillage or other damage occurs, the company should
have not been found guilty in a court o flaw. clean up immediately if not possible then they must
inform the Environment Agency.
E21 Town and Country The legislation allows Local Authorities to set their own The company must ensure they adhere to site rules and A
Planning Act planning restrictions building regulations at all times
E22 Batteries Directive Batteries are now banned from landfill sites. Batteries are to The company must collect batteries and dispose via an A
collected and recycled to remove heavy metals which are appropriately licensed waste contractor
present. The Government are responsible for establishing
collection and recycling facilities
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Health & Safety Related Legislation

Ref. Legal or other Duty Imposed Relevance to Company Activities Rating

Requirement
H1 The Health & Safety Under this Act, employers have a duty to ensure a safe working The Company must ensure that training records are kept A
At Work Act environment for their employees, to ensure that they are of all training undertaken by its employees.
properly trained and competent to carry out the tasks allotted to Health &Safety Policy must be made available to all
them. They are also required to have a suitable H&S Policy employees.
H2 Regulatory Reform The Regulations are designed to provide for a minimum fire A documented risk assessment must be performed that ?
Order (Fire Safety) safety standard in places where people work, including: shared results in Procedures to give details on frequency of fire
areas; work place facilities; and, the means of access to that drills, test and inspection of Fire Alarms, Fire
work-place. Extinguishers, methods for the keeping clear of
All emergency routes must be signed and illuminated and all fire emergency exits at all times.
precaution measures shall be maintained in an efficient working One person should be nominated to call the Fire Brigade
order and in good repair in the event of a fire.
H3 The Control of Places responsibility on the occupier of premises built prior to Site & offices ?
Asbestos at Work 1999 to have a survey carried out to establish whether or not
Regulations
asbestos is present in the structure. Where asbestos is present
then the location and type need to be communicated to
contractors or any persons performing maintenance.
H4 The Health and Signs must be displayed where necessary for example fragile
Safety (Safety Signs roof or asbestos these signs must be pictorial
and Signals)
Regulations
H5 The Control of Where employees are exposed to vibration at work e.g Very relevant to construction activities risk assessments ?
Vibration at Work pneumatic drills then a risk assessment must be performed to must be completed and recorded, monitoring procedures
Regulations
establish the exposure level and frequency. The legislation sets to be put in place to ensure employees do not exceed
limits on maximum exposure and time periods for exposure maximum exposure limits
H6 The Health and Employers are required to establish methods of communication Regular management meetings are held with the A
Safety (Consultation with employees either through representatives or Union officials Directors, Contracts and General Managers as well as
with Employees)
Regulations to communicate on Health Safety and welfare issues. Team Leaders H&S covered on the agenda along with
other items such as work schedules etc
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H7 The Management of The legislation sets obligations for employers to ensure the safe Relevant to all activities risk assessments and safe A
Health and Safety at management of H&S at work through communication, systems of work have been implemented.
Work Regulations
assessment of risk and ensuring adequate controls are in place.
H8 The Provision and This regulation sets out important Health and Safety The Company must ensure that all employees who A
Use of Work requirements for the provision and safe use of work equipment
Equipment operate mobile work equipment have had adequate
Regulations and includes mobile work equipment such as Fork Lift Trucks training.Equipment should be inspected at regular
(FLT) covers all equipment that may be routinely used by intervals this is in addition to PAT testing of power tools
employees items such as power tools etc are covered
H9 The Control of An employer shall not carry on any work that is liable to expose A Safety Data Sheet must be obtained for all substances A
Substances any employee to any substance hazardous to health, unless he in use throughout the Company and a risk assessment
Hazardous to Health
(Amendment) has made a suitable and sufficient assessment of the risks performed. The information contained, regarding the
Regulations created by that work to the health of those employed by him. potential hazards and possible methods of entry to the
body involved when handling, transporting or the
storage of that substance, should be made available to
the employees involved.
H10 The Electrical The legislation requires that portable electronic equipment is All portable electrical equipment to be PAT tested. A
Equipment (Safety) tested for safety (electrical insulation) to minimise the risk of Work equipment is covered by PUWER Regs
Regulations
fire or electric shock
H11 The Construction Employers must ensure adequate welfare facilities on Not very relevant as most jobs are completed relatively A
(Health, Safety and construction sites such as access to toilets and clean water. shortly and are in local vicinity.
Welfare) Regulations
H12 The Personal All equipment (including clothing affording protection against If the hazard cannot be eliminated at source or A
Protective Equipment the weather) which is intended to be worn by a person at work reasonably practical alternative control measures
at Work Regulations
which protects them against risks to their Health & Safety are introduced, then the Company must provide personal
suitable and are provided free of charge at all times protective equipment for employees use.
The Company must ensure that the equipment is used
correctly and that defects are reported.
H13 The Health and Companies have to assess the risks to the Health & Safety of The Company must ensure that all employees affected ?
Safety (Display their employees who use a display screen for a significant part are assessed within the first month of employment.
Screen Equipment)
Regulations of their working day. These assessments should identify any Employees should be encouraged to report any health
preventative or protective measures that need to be taken for the problems related to or arising from work at a display
employees protection. screen
H14 The Health and The legislation sets out requirements for employers to provide Displaying the HASAWA poster meets the majority of A
Safety Information for
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Employees information on contacting H&S representatives and the local these requirements
Regulations HSE
H15 The Reporting of Under this regulation companies have a statutory duty to report Serious incidents such as the overturning of a FLT, or A
Injuries, Diseases certain accidents and incidents to their local Enforcing Authority an accident at work resulting in an employee being
and Dangerous
Occurrences within the time frames laid out in the regulations absent from work or being unable to perform their full
Regulations range of normal duties for 3 days or more as a result of
that accident, must be reported.
The Company should retain copies of these regulations
and the relevant reporting forms.
H16 The Control of The legislation requires that maintenance work where asbestos ?
Asbestos in the Air could be released is controlled to ensure no release of fibres into
Regulations
the air.
H17 The Lifting Plant and Certain lifting equipment requires regular inspections/tests to Not very relevant however potentially relevant as lifting D
Equipment (Records ensure safety this includes hoists etc equipment may be installed as part of site work activity.
of Test and
Examination etc.)
Regulations
H18 The Work at Height The legislation sets out requirements for working at height to ?
Regulations ensure the safety of employees
H19 The Manual Handling All employers have a duty under this regulation to undertake an The Company must determine measures to reduce risk A
Operations assessment on all operations that involve manual handling where of injury to the lowest level reasonably practicable,
Regulations
there is a risk of injury ideally by use of mechanical means for lifting.
H20 Lifting Equipment and Ladders and shelving are considered lifting equipment and must 6 monthly visual inspections of ladders required, ?
Lifting Operations be inspected on a regular basis with records kept of inspections harnesses to be tested and inspected on a regular basis.
Regulations
H21 Town and Country The legislation allows Local Authorities to set their own The client will supply details of any specific D
Planning Act planning restrictions requirements, the company are responsible for ensuring
the undertake work to the client specifications
H22 Road Traffic Act Relates to vehicles and drivers of vehicles, certain requirements All driver shave their licenses checked on a regular ?
for taxation and vehicle roadworthiness basis all vehicles are road taxed and where necessary
have an MOT test certificate
H23 Health & Safety Employers shall provide, or ensure that there is provided, a The Company must ensure that it provides adequate ?
(First-Aid) sufficient number of suitably qualified persons who can render first-aid cover to employees at all times.
Regulations
first-aid to employees if they are injured. A suitably stocked Consideration of the level of cover should be given to
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first-aid box should also be provided along with an accident holidays and absence etc. of the first-aiders.
register.
H24 Health & Safety This regulation requires employers to undertake a Risk If the Company seeks to employ any person under the ?
(Young Persons) Assessment before the young person (under age18) is employed age of 18 a suitable Risk Assessment should be made
Regulations
to take into account their lack of experience and awareness of and extra supervision given until they have the
potential or existing risks. knowledge, experience and capability to carry out that
task.
H25 Noise at Work To try to eliminate any noise at source and protect employees Noise assessments have been undertaken and actions ?
Regulations from the hazards associated with noise taken where identified as being necessary
H26 The Occupiers This places a duty on all occupiers of premises which is owed The Company owes a common duty of care to see that a A
Liability Act to their visitors Common duty of care. This was amended in visitor (whether legal or illegal) will be reasonably safe
1984 to include a common duty of care to trespasses. when using the premises. The Company is responsible
for the Health & Safety of all people on their premises
at all times
H27 The Electricity At Places a responsibility on the person(s) commissioning electrical Electrical equipment must be sufficiently isolated from ?
Work Regs maintenance work and those performing the maintenance work mains supply prior to any maintenance work. Safe
to ensure safe systems of work are introduced and adhered to. systems of work should be introduced to ensure the
continued safety of maintenance personnel and
employees whilst the work is undertaken.
H28 The Construction The regulations are designed to ensure adequate assessment of Not always relevant but could be on larger scale ?
design & risk is undertaken in the initial design and future maintenance of refurbishment works, the client would appoint a
Management (CDM)
Regs buildings. Principal Contractor and CDM Co-ordinator

3.0 Special Sites (Environmental Conservation)

3.1 The Company do not normally operate in site of special scientific interest or where there is an environmentally protected species. The Local
Authority or Landowner will normally have identified these sites and the relevant compliance requirements will be set out in the
instructions provided. Cara Group will ensure they comply with all such requirements. Additional information can be found via the English
Nature website.
www.english-nature.org.uk
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SPA Special Protection Areas

SAC Special Areas of Conservation
SSSI Sites of Special Scientific Interest
BHS Biological Heritage Sites
IWS Important Wildlife Sites
NCC Nature Conservancy Council
NCO Natural Conservation Order
TPO Tree Preservation Order
Ancient Woodland