Network Rail has a register which contains all applicable Health and Safety Legislation and how it applies to Network Rail.
The latest update can be found in the attachments section.
For Network Rail staff there is also a mobile application of the Health and Safety Legal (HSL) Register which is available on Network Rail mobile devices. The app is called “HSL Register” and is available to download from the Network Rail App Catalogue.
Following a review it is not believed there have been any material changes to the Register in the past six months which will affect Network Rail’s position.
Please note the following update:
• Regulation (EC) 561/2006 relating to road transport has been amended by Regulation (EU) 2020/1054 as regards minimum requirements on maximum daily and weekly driving times, minimum breaks and daily and weekly rest periods. Additionally, Article 3 (the scope) of Regulation (EC) 561/2006 is amended so that the Regulation no longer applies to vehicles with maximum permissible mass not exceeding 7.5 tonnes used for carrying materials, equipment or machinery for the driver’s use in the course of the driver’s work or for delivering craft goods, only within a 100 km radius from the base of the undertaking. Driving the vehicle cannot be the driver’s main activity and the transport cannot be carried out for hire or reward.
Some of the links to guidance have been updated and other general housekeeping amendments have also been made.
There are various regulations drafted which will come into force on ‘Exit Day/IP Completion Day’. These regulations and the legislation they intend to amend have been reviewed and the provider of the legal register believes they do not provide any material changes to the wording of the register. The majority of the EU Exit related regulations intend to ensure that existing protections and regulatory frameworks are maintained and continue to work in the same way once the UK has left the EU (such as, for example, including references to domestic legislation and national bodies).
Amendments are currently being made to Regulation (EC) 1907/2006 on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH). There will be a UK REACH, and anyone making, selling or distributing chemicals in the UK and the EU will need to follow UK REACH and EU REACH rules. Further clarification on the rules around REACH are expected and updated guidance is available here.
New legislation of wider interest to Network Rail, but not directly referenced in the register, includes:
• The Road Vehicles (Approval) Regulations 2020 came into force on 1 September 2020 and is required to ensure that the UK fulfils its obligations under the UK-EU withdrawal agreement to transpose EU law into domestic statute, in particular applying to type approvals (testing a vehicle to set safety and environmental standards). The regulation implements the Type Approval Regulation, which seeks to raise the quality and independence of testing of road vehicles, and revokes the Road Vehicles (Approval) Regulations 2009.
• Waste (Circular Economy) (Amendment) Regulations 2020 – These Regulations amend a number of primary and secondary legislation, including the Town and Country Planning Act, Environmental Protection Act 1990, Waste and Emissions Trading Act 2003 and the Hazardous Waste (England and Wales) Regulations 2005. The amendments largely relate to updating references to the Waste Framework Directive and other Directives in the field of waste.
There are, of course, a number of new regulations that have been introduced in response to the COVID-19 pandemic. Given the number of updates and the fast-moving situation these have not been included in the register update.
The provider of our legal register would be happy to assist should you have any questions regarding the end of the “Brexit” transition period and on how any of the new regulations referred to above impact operations or other measures required to ensure the health and safety of employees and the general public.
If you have any queries with regards to the H&S Legal Register, please contact:
Environmental legislation is contained within the Network Rail Environmental Legal Register. For further queries on the Environmental Legal Register, please contact firstname.lastname@example.org