House of Commons Hansard Written Answers for 1 Dec 1997 (pt 12)

Hazardous Substances

Mr. Jenkins: To ask the Secretary of State for the Environment, Transport and the Regions how many prosecutions the Health and Safety Executive has brought against employers who have failed adequately to control exposure to substances hazardous to health under the Control of Substances Hazardous to Health Regulations 1994 since January 1995 in which the employer was charged with failing to reduce the level of exposure below the maximum exposure limit; and how many have been successful. [18414]

Angela Eagle: Such prosecutions can be brought only under Regulation 7(1) of the Control of Substances Hazardous to Health (COSHH) Regulations 1994 for failure to ensure that exposure is adequately controlled. Charges cannot be laid separately under Regulation 7(6) which explains the duty with regard to substances for which a maximum exposure limit is specified. There have been five informations laid under Regulation 7(1) resulting in five convictions during 1996-97. This information is provisional. Information prior to 1996-97 is not available at this level of detail due to the coding system then used by HSE.

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exposure to substances hazardous to health under the Control of Substances Hazardous to Health Regulations 1994; and how many have been successful. [18413]

Angela Eagle: The Health and Safety Executive has brought 28 prosecutions under the Control of Substances Hazardous to Health (COSHH) Regulations 1994. Of these, 22 have resulted in convictions. The provisional figures for 1997 are 11 prosecutions resulting in 11 convictions.

Mr. Jenkins: To ask the Secretary of State for the Environment, Transport and the Regions what measures Health and Safety Executive officials are taking to ensure that levels of exposure to substances hazardous to health are reduced below the maximum exposure limit. [18415]

Angela Eagle: Where a maximum exposure limit (MEL) has been assigned, the Control of Substances Hazardous to Health (COSHH) Regulations 1994, as amended, require employers to control exposure to as low a level as is reasonably practicable and in any case below that MEL.

Health and Safety Executive (HSE) inspectors enforce COSHH by assessing employers' arrangements for controlling health risks and, in particular, the measures they take to reduce exposures, including monitoring to test compliance with exposure limits.

HSE also publishes considerable practical advice on controlling exposure and inspectors refer to such guidance as illustrating good practice. Publicity and enforcement campaigns are also targeted at priority classes of substances, many of which have maximum exposure limits.

"Safer Ships, Cleaner Seas"

Mr. Wallace: To ask the Secretary of State for the Environment, Transport and the Regions what steps his Department has taken in the last 12 months to assess the extent of the problem of failure to report in pursuance of the recommendation of Lord Donaldson's Report "Safer Ships, Cleaner Seas". [18187]

Ms Glenda Jackson: I have asked the Chief Executive of the Marine Safety Agency, Mr. R. Bradley, to write to the hon. and learned Member.

Letter from R. M. Bradley to Mr. James Wallace, dated 1 December 1997:

The Secretary of State for the Environment, Transport and the Regions has asked me to reply to your Question about the steps taken to assess the extent of the problem of failure to report, pursuant to recommendation 71 of Lord Donaldson's Report, "Safer Ships, Cleaner Seas."

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Since the publication of the report by Lord Donaldson the Department has implemented Council Directive 93/75/EEC. The implementing Regulations make it compulsory for masters of vessels which find themselves in circumstances which may cause pollution or damage, either to themselves or to the UK coastline, to report to the Coastguard. This significantly strengthens the position as against that prevailing at the time of the report.

Mr. Wallace: To ask the Secretary of State for the Environment, Transport and the Regions if he will place in the Library a progress report on the implementation of the recommendations of Lord Donaldson's Inquiry Report "Safer Ships, Cleaner Seas" in a form similar to that placed in the Library on 31 October 1996. [18186]

Ms Glenda Jackson: The Government is currently reviewing the progress made in implementing the recommendations of Lord Donaldson's Inquiry. I will place copies of a progress report in the Library shortly.

Mr. Wallace: To ask the Secretary of State for the Environment, Transport and the Regions what steps his Department has taken to monitor the operation of the voluntary certification scheme issued by the Marine Safety Agency in May 1995 in pursuance of recommendation 51(c) of Lord Donaldson's Report "Safer Ships, Cleaner Seas". [18190]

Ms Glenda Jackson: I have asked the Chief Executive of the Marine Safety Agency, Mr. R. Bradley, to write to the hon. and learned Member.

Letter from R. M. Bradley to Mr. James Wallace, dated 1 December 1997:

The Secretary of State for the Environment, Transport and the Regions has asked me to reply to your Question about what steps the Department has taken to monitor the operation of the voluntary certification scheme issued by the Marine Safety Agency in May 1995 in pursuance of recommendation 51(c) of Lord Donaldson's Report, "Safer Ships, Cleaner Seas".

The voluntary certification scheme, published in Merchant Shipping Notice number M.1616, encouraged ship operators to gain certification to the International Safety Management (ISM) Code in advance of the mandatory compliance dates.

Our records indicate that those passenger roll-on/roll-off ferries and their operating companies, which were required to comply with the Code under Council Regulation (EC) No 3051/95, have all achieved certification.

In addition, good progress is being made on the certification of companies and the vessels they operate which are required to comply with the Code by 1 July 1998, by virtue of the new Chapter IX to the Safety of Life at Sea (SOLAS) 1974 Convention. The vessel types affected in this phase of implementation are oil tankers, chemical tankers, gas carriers, bulk carriers and cargo high speed craft, all of 500 gross tonnage and over, and all passenger ships including passenger high speed craft. We are liaising closely with ship operators who have already applied under the voluntary scheme, to ensure certification is achieved as soon as possible. We have been in contact also with the few who have not yet formally applied to enquire about their progress and intentions.

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Coastguard Minute 20/96

Mr. Wallace: To ask the Secretary of State for the Environment, Transport and the Regions if he will publish the text of Coastguard Minute 20/96 sent to coastguard stations in July 1996 [18191]

Ms Glenda Jackson: I have asked the Chief Executive of the Coastguard agency, Mr. C. Harris, to write to the hon. and learned Member.

Letter from C. J. Harris to Mr. James Wallace, dated 1 December 1997:

The Secretary of State for Environment, Transport and the Regions has asked me to reply to your recent Question about Coastguard Minute 20/96.

I enclose a copy of Coastguard Minute 20/96 "SAR situation reports (SITREPS) and morning press reports" as requested.

HM Coastguard

Coastguard Minute 20/96

Distribution C

Sar Situation Reports (SITREPS) And Morning Press Reports

Ref: A. CG3 Vol. 3 Part 2 Section 7

B. CG3 Vol. 2 Part 5 Section 1

1. Representations have been received at CGHQ concerning the publication in Lloyd's List of information on alerts, emergencies and equipment failures, passed by the Offshore Industry and Merchant Vessels to HM Coastguard in good faith and on the understanding that there will be an embargo on further publication. However, despite the "For information not for publication" affix, these articles are being published.

2. Staff should be well aware of the value of rapid and open reporting between Industry and ourselves and should be conscious that unnecessary media emphasis on what turns out to be a precautionary report is not conducive to maintaining the necessary rapport. We must however, also be mindful, as a government agency, of being aware of the publics' expectation for us to report emergency incidents without fear or favour.