News for 2004
November
The Government has invited views on draft regulations and formal guidance that will support the implementation of the new working time regulations for the haulage industry.
The Road Transport (Working Time) Directive comes into force in March 2005 and will provide extra protection for commercial drivers, the crew of heavy goods vehicles and public service vehicles. Once implemented the regulations will ensure that drivers and crew are protected from working too many hours.
In a consultation paper issued last week, the Government has set out:
- Who will be affected by the regulations;
- what counts as working time;
- details on weekly working time limits and how to calculate them; and
- advice on working at night, rest and breaks and information and record keeping.
The draft regulations and guidance can be viewed on the Department for Transport (DfT) website. Responses are required by 5pm on Friday 12 December.
Compensation firms who encourage people to make frivolous compensation claims are being warned they have one last chance to avoid new regulations. The Lord Chancellor says "no-win no-fee" claims firms must end misleading advertisements and sales practices which falsely raise compensation hopes.
"People should not be encouraged to always 'have a go' however meritless the claim," Lord Falconer said. "The perception that there is easy money just waiting to be had - the so-called 'compensation culture' - creates very real problems."
Statistics show personal injury claims are falling and a Better Regulation Taskforce (BRTF) investigation this year concluded there was no evidence of a US-style litigation happy culture in the UK.
If you’re operating as a subcontractor (freelancer) then your level of public liability insurance should match that of your client. If you’re using subcontractors (freelancers) and their level of liability cover doesn’t match yours or even worse, they have no insurance, you could find yourself uninsured in the event of a claim.
Sounds nasty but this is insurance we’re talking about and we’ve learned not to expect any favours from insurance companies…until now.
The PSA have been looking at the levels of liability insurance out there in event production land, it seems that there is a gap in cover so they went in search of a way to fill the gap. First stop, Torribles Insurance. Murray Torrible came up with an answer: Free, extra Public Liability Cover for self employed PSA members.
So, if your insured with Torribles and wish to beef up your cover from their basic £2 million to a much more substantial £5 million (that’s £3million cover FREE) and give yourself a fighting chance of having the RIGHT cover, contact Torribles.
murray.torrible@torribles.co.uk
Murray Torrible +44(0) 117 926 1607
If you’re in the business of using subcontractors, check your policy and make it your business to check your subcontractors’ policies. You may want to tell them about this offer…feel free! Of course to take advantage of this scheme you need to be insured with Torribles and be a PSA member!
With great sadness we hear of the death of John Peel, he was a great inspiration.
October
From the 1st June onwards, European citizens who are travelling within the European Economic Area, (i.e. the European Union, Norway, Iceland and Liechtenstein) and Switzerland, for private or professional reasons will be given a European Health Insurance Card, which will simplify the procedure when receiving medical assistance during their stay in a Member State.
The European Health Insurance Card replaces forms:
- E111 and E111B used by tourists,
- E110 used by international road transporters,
- E128 used by students and people working in a Member State other than their own,
- E119 used by people registered as unemployed and seeking work in another Member State.
For more details follow the link: European Health Insurance Card
"Health and Safety Management in the Live Music and Events Industry" is the new book from Chris Hannam of Stagesafe. To order your copy contact Entertainment Technology Press
The Personal Safety Manufactures Association (PSMA) working on behalf of the Height and Access Safety Group (HASG) have issued a product warning about retractable fall arresters. See the attached PDF file for more information.
Do you operate a "Limited Company"? Check to see if the Inland Revenue "Section 660" regulations will impact upon you!
September
New requirements for US visa waiver programme
From October 26, 2004, all eligible individuals seeking to enter the U .S. pursuant to the Visa Waiver Program (VWP) will need to present a Machine-Readable Passport (MRP). The VWP allows eligible foreign nationals to enter the U.S. for temporary tourist or business (non-employment) purposes, for 90 days or less, without first obtaining a B visa stamp at a U.S.S. consular post.
Ron Zeelans of RAZco Visas advises that citizens of Andorra, Belgium, Brunei, Liechtenstein and Slovenia are already subject to the MRP requirement. Citizens of Australia, Austria, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Luxembourg, Monaco, the Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Spain, Sweden, Switzerland and United Kingdom will be subject to the MRP requirement beginning October 26, 2004.
An MRP contains biographical data on a special data page that conforms to international specifications. This data can be read by an optical scanner that instantly uploads the information for use by an immigration inspector.
On October 26, 2005, one year after the MRP requirement is effective, foreign nationals seeking entry to the U.S. pursuant to the VWP will be subject to an additional requirement: Their passports will need to contain biometric data. Biometric Passports (BPs) contain biometric identifier information (data derived from digital fingerprints and photographs) that is uploaded by computer for use by an immigration inspector to confirm identity and gain access to other security-related information. Biometric data are already incorporated into most visa stamps issued by U.S. consular posts. The US Department of State recommends that individuals who frequently travel to the U.S. pursuant to the VWP review their passports to determine whether they are in compliance with these upcoming MRP and BP requirements. Contact:mailto:ron@razcovvisas.com
July
A new certification scheme is soon to be launched in the UK for riggers, the National Rigging Certificate will be administrated by PLASA. Click here for more details in pdf format. NRC
The Department of Transport (DfT) has announced proposed new changes to the number of hours a truck driver can work. The Road Transport Directive (RTD) will be implemented into UK law in March 2005 and will affect drivers of HGV and public sector vehicles (such as busses) whose work is covered by European Drivers' Hours Rules.
Under the RTD, drivers will have the right to an average maximum working week of 48 hours with up to 60 hours of work allowed in a single week. However, unlike other UK working time legislation, the Directive will not allow individuals to opt out of the weekly limit. Drivers average weekly working hours will be calculated over a four-month reference period, which can be extended to six months if there is a collective agreement in place between an employer and their workers.
In addition, the RTD will give drivers the right to a maximum limit of ten hours work in each 24 hour period if night work is undertaken. Nightwork is defined as the four our period between midnight and 4 am for HGV drivers and 1 am and 5 am for the drivers of passenger vehicles. However, drivers will be allowed to drive for longer hours if a collective agreement is drawn up.
Under the new regulations, drivers will not be allowed to work more than six consecutive hours without taking a break and that at least 30 minutes will be required if working between six and nine hours a day while 45 minutes must be taken if working hours exceed nine hours a day. These breaks can be spilt into 15 minute periods.
The changes do not apply to self-employed drivers but we have to be very careful about what is a self-employed driver, the definition of a self-employed driver is an "owner driver". The new regulations will be enforced by Vehicle Operators Services Agency (VOSA), a government body formed to improve road safety and environmental standards.
Further details can be found here
June
Not a health and safety issue but a real headache for the touring sector of our industry! The US Government are making life very difficult for UK artists and crew to gain US Visas. Click here to download the .pdf file giving full details.
Self-employment is governed by the IR56 Regulations (PDF version available here). In a nutshell: under IR56 it is the client/employer's responsibility to ensure that the terms and conditions under which you are engaged meet the criteria of IR 56. If they don't and the Taxman decides you have a Contract of Service (employed), rather than a Contract for Services (self-employed), then the client/employer is liable for any outstanding Tax & National Insurance (not the self-employed individual). If you are trading as a Ltd. Co., then the IR35 Regulations apply, which are basically the same thing, except that you bear the responsibility / liability for the outstanding tax and National Insurance not the client/employer.
In the latest budget the Chancellor added a tax of 19% to the first £10,000 of dividends taken from a company. This effectively scuppers the incorporation gain for smaller companies. This means that it is no longer a benefit for the "self-employed" person to become incorporated (a Ltd Company).
May
A new Foundation Degree Course in Crowd and Safety Management is due to start in February 2005. The course (which mainly consists of work based and distance learning material) will be run by Buckinghamshire and Chilterns University College and was developed with assistance from the UK CMA and the PSA. The course will incorporate the NCFE Event Stewarding Award and two new national awards for Supervisors and Pit Teams as well as gaining the students a teaching award that will allow they to act to tutors to the standard required by the Security Industry Authority.
February
Delay to start of new training courses
Due to circumstances beyond the control of both STAGESAFE and the Production Services Association, the planed start for the new SPA Safety Passport courses has had to be delayed. Stagesafe wish to apologise for this unfortunate delay. Please watch this space for further developments.
New training course
We are pleased to announce a new national training initiative, the SPA Safety Passport!
Follow this link for full information: Safety Passport
Proposed changes to employers liability insurance
Click here to download the .pdf file giving full details of the proposed changes.
