Occupational pension scheme into which the members, not just the employer, pay contributions.

[has the meaning given to it in section 1124 of the Corporation Tax Act 2010 OR means the ownership'>beneficial ownership of more than 50% of the issued share capital of a company or the legal power to direct or cause the direction of the management of the company] and the expression change of control shall be construed accordingly;

For the purposes of the Code, control means an interest or interests in shares carrying in aggregate 30% or more of the voting rights of a company, irrespective of whether such interest or interests give de facto control. See Code: Definitions - 'Control'.

Devices to absorb neutrons so that the chain reaction in a reactor core may be slowed or stopped by inserting them further, or accelerated by withdrawing them.

The Control of Major Accident Hazards Regulations 2015 (COMAH 2015), SI 2015/483, aims to prevent major work place accidents occurring and put in place controls, so that should an accident happen, the effects on people and the environment are mitigated. COMAH 2015 works by setting out basic duties that all obligated sites/businesses must abide by and also provides a tiered system, with stricter controls, for those businesses handling quantities of dangerous substances over the designated thresholds. The Health and Safety Executive (HSE) issue guidance on implementation of the COMAH regime, and operators are encouraged to follow this, and to review and update where necessary risk assessments and emergency plans implemented under the COMAH regime. This will help ensure long-term compliance and risk mitigation. Legislative framework COMAH 2015, received Royal Assent in March 2015 and came into force on 1 June 2015. COMAH 2015 implemented the requirements of Directive 2012/18/EU of the European Parliament and of the Council of 4 July 2012 on the control of major accident hazards involving dangerous substances, amending

Industrial diseases The Control of Substances Hazardous to Health Regulations 2002 (COSHH), SI 2002/2677 are one of the most important health and safety laws for any business that uses chemicals, or creates chemicals or other substances that could cause harm to employees, contractors and other people. Thousands of workers are made ill every year by hazardous substances, contracting lung diseases, cancer and skin diseases. Examples of harmful substances and the diseases that they can give rise to: Hazardous substance Disease Dust in air Lung diseases Metalworking fluids Dermatitis and asthma Wet cement Chemical burns or dermatitis Benzene in crude oil Leukaemia For guidance on occupational health claims please see Practice Notes: Dermatitis and sensitisation conditions and Asthma. Substances hazardous to health COSHH defines 'substance hazardous to health' as including: • substances which meet the criteria for classification as hazardous within any health hazard class laid down in the CLP Regulation whether or not the substance is classified under that regulation. For more on the CLP Regulation,

Post 1 October 2013 On 1 October 2013, section 69 of the Enterprise and Regulatory Reform Act 2013 (ERRA 2013) came into force. For workplace injuries occurring from that date, civil liability no longer arises from a breach of health and safety statutory duty unless the relevant regulation provides for it. Practitioners now have to prove the common law of negligence. While it will no longer be appropriate to base a claim on the breach of a regulation, claimant practitioners are very likely to still refer extensively to the relevant statutory provisions (or at least recite what they say) as setting out the standards of care expected. Indeed, in many cases the regulations can be referred to (in statements of case) as setting out procedures for the identification and assessment of risk and the implementation of measures in the light of the assessment. It is worth noting that the Control of Vibration at Work Regulations 2005, SI 2005/1093 continue to impose criminal liability. Claims should be based in negligence, relying on

Legal requirements There is a legal presumption that any non-domestic buildings (and the common parts of domestic buildings) whose construction was completed before 2000 contain asbestos and an asbestos survey will usually be required. Under the Control of Asbestos Regulations 2012, SI 2012/632, the ‘dutyholder’ must carry out a ‘suitable and sufficient assessment’ to establish whether asbestos is present in non-domestic premises and the common parts of domestic premises. The ‘dutyholder’ must also carry out a ‘suitable and sufficient assessment’ before doing any building, maintenance, demolition or other work liable to disturb asbestos. What is a 'suitable and sufficient assessment'? The Approved Code of Practice and Guidance, paragraph 113 states that ‘everything that can reasonably be done must be done’ to establish whether asbestos is present: • all documentary information that can be obtained about the premises should be systematically checked • as thorough an inspection, as is reasonably accessible, of the premises both inside and outside must be carried out—the thorough inspection 'will usually take the form of a survey' • all parts of the premises

The Control of Asbestos Regulations 2012, SI 2012/632 (CAR 2012) place various duties on employers to protect employees from risks related to exposure to asbestos and make it clear that these duties, so far as is reasonably practicable, are also owed to any other person, whether at work or not, who may be affected by the work activity undertaken by the employer. These ‘employer’ duties include: • protecting employees from exposure to asbestos (regs 5 and 11) • preventing or reducing the spread of asbestos (reg 16) • maintaining health records and providing medical surveillance for employees exposed to asbestos (reg 22) CAR 2012 also applies to the self-employed, applying the duties of both employer and employee. CAR 2012, reg 4 imposes a separate ‘duty to manage’ obligation on ‘dutyholders’ of non-domestic premises and the common parts of domestic premises. Regulation 4 requires dutyholders to identify the location and condition of asbestos and to manage the risk to prevent harm to anyone who works on the building or to building occupants. It also explains

Health records and medical surveillance The provisions relating to medical examinations are contained at SI 2012/632, reg 22 and the HSE Approved Code of Practice (ACOP) L143 There are different requirements depending on the type of asbestos work. The previous regulations, the Control of Asbestos Regulations 2006, SI 2006/2739, exempted most ‘low risk’ work from being subject to worker medical examinations. Following a complaint to the European Commission that SI 2006/2739 did not correctly implement Directive 2003/18/EC, the UK government agreed to replace the 2006 regulations with the Control of Asbestos Regulations 2012 (CAR 2012), SI 2012/632. This resulted in a new category of asbestos work—notifiable non-licensed work. Licensable work Licensable work with asbestos is work: • where the exposure to asbestos of employees is not sporadic and of low intensity • in relation to which the risk assessment cannot clearly demonstrate that the control limit (0.1 fibres per cubic centimetre of air averaged over a four-hour period) will not be exceeded • on asbestos coating, or • on asbestos insulating board or asbestos insulation for

Introduction The Control of Asbestos Regulations 2012, SI 2012/632 (CAR 2012) were made under section 15 of the Health and Safety at Work etc Act 1974 (HSWA 1974). They are one of many health and safety regulations, amongst many other statutory instruments, (for example the Management of Health and Safety at Work Regulations 1999, SI 1999/3242). Health and safety regulations impose requirements on HSWA 1974 duty holders. Duty holders are not defined under the HSWA 1974, although they cover a range of individuals and organisations that will often be employers but also persons responsible for managing projects and activities. Under CAR 2012, reg 4(1), the dutyholder is: • every person who has an obligation in relation to the ‘maintenance or repair’ of non-domestic premises under the terms and conditions of a lease or management agreement, and can therefore be a landlord or a tenant, or • if there is no such lease or agreement, the freehold owner or any person who has control over that part of the premises See Practice Note: Control

This function has two aspects: (a) All the provisions implemented by operators to ensure the safety of the materials in their possession: monitoring and accountability, containment, surveillance, physical protection of materials and facilities and protection during transportation. (b) Inspection by governmental or international bodies (e.g. IAEA, Euratom) to verify the effectiveness and reliability of the above provisions. In both cases control is aimed at preventing any subversive activities.