Safeguarding of Workers (Machinery and Woodworking Machines) (Jersey) Regulations 1967: Revocation Proposals

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A decision made 19 March 2014:

Decision Reference: MD-S-2014-0030
Decision Summary Title :	Report on proposals to revoke the Safeguarding of Workers (Machinery and Woodworking Machines) (Jersey) Regulations, 1967		Date of Decision Summary:	10th March 2014
Decision Summary Author:	Director of Health and Safety		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	n/a
Written Report Title :	Report on proposals to revoke the Safeguarding of Workers (Machinery and Woodworking Machines) (Jersey) Regulations, 1967		Date of Written Report:	10th March 2014
Written Report Author:	Director of Health and Safety		Written Report : Public or Exempt?	Public
Subject: Report on proposals to revoke the Safeguarding of workers (Machinery and Woodworking Machines) (Jersey) Regulations, 1967
Decision(s): The Minister decided to request the Law Draftsman to prepare the necessary legislation to enable the Minister to recommend to the States the revocation of the Safeguarding of Workers (Machinery and Woodworking Machines) (Jersey) Regulations, 1967.
Reason(s) for Decision: The decision by the Minister to recommend the revocation of regulations which are considered to be outdated and obsolete.
Resource Implications: There are no implications for the financial or manpower resources of the States.
Action required: The Director of Health and Safety to request the Law Draftsman to prepare the necessary legislation to enable the Minister to recommend to the States the revocation of the Safeguarding of Workers (Machinery and Woodworking Machines) (Jersey) Regulations, 1967.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

Safeguarding of Workers (Machinery and Woodworking Machines) (Jersey) Regulations 1967: Revocation Proposals

report on Proposals to Revoke the Safeguarding of Workers (Machinery and Woodworking Machines) (Jersey) Regulations, 1967

1. SUMMARY

The Minister for Social Security has previously recognised that the existing prescriptive health and safety regulations governing the safe use of machinery in the workplace were outdated and in need of replacement.

It is considered that the general duties under Part 2 of the Health and Safety at Work (Jersey) Law, 1989, (HSW Law) provide effective legal controls for the safe use of machinery in the workplace.

The introduction of an Approved Code of Practice for The Safe Use of Woodworking Machinery (Woodworking ACoP) in July 2011, and an Approved Code of Practice for Safety in the Use of Machinery (Machinery ACoP) in March 2014, has resulted in practical guidance on the application of the HSW Law to the safe use of woodworking and other types of machinery.

It is therefore recommended that the Minister request the Law Draftsman to prepare the necessary legislation to formally revoke the existing Safeguarding of Workers (Machinery and Woodworking Machines) (Jersey) Regulations, 1967, (the Regulations).

2. BACKGROUND

2.1 Safeguarding of Workers (Machinery and Woodworking Machines) (Jersey) Regulations, 1967.

The Regulations were introduced in 1967 under the previous enabling occupational health and safety law, the Safeguarding of Workers (Jersey) Law, 1956.

The Regulations, which were based on historic UK health and safety legislation, set out prescriptive requirements for the guarding of both woodworking and other types of machinery. Since their introduction, the approach to the management of health and safety, and the prescriptive requirements for the guarding of woodworking machines, has been revised to provide for improved standards of health and safety. This has resulted in the Regulations becoming obsolete and not reflective of current health and safety standards.

2.2 Health and Safety at Work (Jersey) Law, 1989.

Part 2 of the HSW Law, sets out general duties on all those involved with working activities including designers, manufacturers, suppliers, self-employed individuals, employers and employees. It is considered that these general duties provide effective controls for health and safety resulting from the design, introduction and use of all machinery in the workplace.

Article 10 of the HSW Law allows the Minister, following a consultation process, to approve codes of practice (ACoP). ACoPs are intended to provide practical guidance on how organisations and individuals can comply with their legal requirements under the Law. ACoPs have a certain legal status in that they can be referred to by the Courts when considering measures that may be necessary to comply with the Law.

In order to provide practical guidance on the application of the HSW Law to machinery, the Minister has approved 2 codes of practice, the Woodworking ACoP, which came into force on the 1st July 2011, and the Machinery ACoP, which came into force on the 1st March 2014.

3. CONCLUSIONS AND RECOMMENDATIONS

The introduction of the Woodworking ACoP and Machinery ACoP has resulted in practical guidance setting out the application of the general duties under Part 2 of the HSW Law to machinery in the workplace. As such, it is now considered appropriate to revoke the obsolete and outdated Machinery Regulations.

The Minister is requested to instruct the Law Draftsman to prepare the necessary legislation to enable him to recommend to the States the revocation of the Safeguarding of Workers (Machinery and Woodworking Machines) (Jersey) Regulations, 1967.

Colin Myers

Director of Health and Safety

10th March 2014