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 updates/changes:
- Regulation 7 of the Noise Emission in the Environment by Equipment for Use Outdoors Regulations 2001 has been amended post-Brexit. Any work equipment must now be marked with the appropriate UK mark and be accompanied by a Declaration of Conformity. If the equipment is placed on the market within 24 months of ‘Exit Day/IP Completion Day’, the UK marking must be affixed to the label attached to the equipment and any accompanying documentation.
- Regulation 11 of the Lifting Operations and Lifting Equipment Regulations 1998 has been amended post-Brexit to remove all references to the European Union. This does not change the material content or requirements under the regulations to keep information but has been flagged for completeness.
- Regulation 5 of the Railways and Other Guided Transport Systems (Safety) Regulations 2006 has been amended post-Brexit to remove the requirement for safety management systems to conform with the safety information set out in the ‘Technical Specification for Interoperability’. All safety management systems must now be prepared in accordance with the ‘National Technical Specification Notices’ which replaced TSIs in January 2021. Regulation 10 of the same regulations has also been amended and now states that any freight wagon put into service may hold either a) a EU ECM certificate valid on the terms of its original issue or b) a UK-issued ECM certificate. There is no requirement for new certification to be commissioned post-Brexit if this was valid previously. There are also additional obligations for the operation of cross-border services.
- Regulation 7 of the Supply of Machinery (Safety) Regulations 2008 has also been amended post-Brexit to remove all references to the European Union. Any machinery must now be marked with the appropriate UK mark and be accompanied by a Declaration of Conformity.
- Regulations 4 – 6 of the Railways (Interoperability) Regulations 2011 (as amended) have been amended post-Brexit. No person is able to put into use any structural subsystem without authorisation from the Safety Authority, even if there is an extant authorisation granted by an EU Member State. A UK-specific authorisation is required. The application requires – as previously was the case – a technical file and UK declaration of verification. Upon application, if the first authorisation is a TSI conform authorisation, the Safety Authority may require an applicant to conduct additional tests to ensure compatibility of the vehicle with the network and UK-specific rules.
- Regulations 6 -10 of the Lifts Regulations 2016 have also been updated post-Brexit. Any lift must now be marked with the appropriate UK mark and be accompanied by a Declaration of Conformity.
- Post-Brexit, the Great Britain (i.e. England, Wales and Scotland) are no longer within the remit of EU REACH. The EU (Withdrawal) Act 2018 brought a UK-based regime based on EU REACH into UK legislation. These two systems operate separately of each other. Network Rail must ensure that it meets the relevant duties under both UK and EU REACH if it supplies or purchases substances, mixtures and articles to and from the EU, EEA, Northern Ireland and GB.
- Articles 4(3) and 6 of Regulation (EC) 852/2004 on the hygiene of foodstuffs has been retained post-Brexit, subject to amends. General and specific hygiene requirements and criteria previously set by the European Commission will now be set by the Food Standards Agency. Network Rail should ensure that the relevant guidance is followed with regard to food produce.
- Section 10A of the Wildlife and Countryside Act 1981 (Scotland) has been amended by the Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 so that it is no longer a criminal offence to kill, injure or take mountain hare.
Regulation 10 of The Provision and Use of Work Equipment Regulations 1998 has not yet been amended to remove references to the European ‘CE mark’. It is expected that this will be updated in due course to modify the obligation to conform with European Union requirements; this will likely entail affixing the UK mark to any work equipment (as above). If the equipment is placed on the market within 24 months of ‘Exit Day/IP Completion Day’, the UK marking must be affixed to the label attached to the equipment and any accompanying documentation.
Covid-19 legislative framework
There are, of course, a number of new legislative provisions and regulations that have been introduced in response to the COVID-19 pandemic. As was previously the case, these have not been included the review.