Establishing Enforcement Remit

Transcription

1 Consumer Protection

2 Establishing Enforcement Remit Definition of a Consumer, someone who acquires goods or services for direct use or ownership rather than for resale or use in production/ manufacturing. Establish the environment in which a product is being used; Establish circumstances surrounding the product safety issue.

3 Establishing Enforcement Remit Local Councils Environmental Health Departments have a responsibility To protect the consumer against the risk of injury from unsafe goods manufactured, distributed, supplied or sold within the district. Therefore our enforcement remit is products purchased/ acquired for sole use by them, the consumer.

4 Councils have a statutory duty to enforce consumer protection legislation. The delivery of this consumer protection plan requires a well-resourced consumer protection function with adequate staff on the ground. The continuing stretch on budget for all aspects of environmental health work and the widening workload of all departments emphasises the need to maximise efficiency benefits within the wider public sector. Councils should continue to work with business, community and statutory bodies to implement a joined up approach to improve the consistency of consumer protection enforcement across Northern Ireland and ensure the implementation of EHNI Consumer Protection procedures and other guidance material.

5 Establishing Enforcement Remit Trading Standards within Northern Ireland are based within the Department of Enterprise, Trade & Investment (DETINI). They also have a responsibility for ensuring that businesses comply with various pieces of consumer protection legislation in particular, Weights & Measures, False or Misleading Descriptions, Price Marking, Counterfeit goods and many more.

6 Establishing Enforcement Remit HSENI are responsible for product safety issues relating to any products purchased/ acquired for use within a workplace or a workplace activity mail@hseni.gov.uk OR Tel: (028)

7 EHNICP (CP working group NI) PURPOSE To provide a mechanism for bringing the EHNI vision into operation to promote population health and wellbeing and to link its activities to the EHNI vision priorities. To provide a forum of professional expertise in consumer protection, which facilitates liaison, promotes consistency of enforcement, co-ordinates promotional initiatives and encourages the provision of a quality consumer protection service across the new council structures. To provide policy advice on consumer protection enforcement and promotion.

8 It is necessary to ensure a coordinated approach to risk based inspections is taken to enable the best use of staff and resources. Collaborative partnership working is necessary to deliver this coordinated approach. The economic climate has resulted in the emergence of cheaper, lower quality and less safe products being available on the market, an increase in the sale of goods in the second hand market and an increase in home-based industries. As the need arises, the forum will advise and provide guidance to: businesses consumers enforcement officers

9 Councils should review and update their premises databases on an ongoing basis and work with the relevant enforcement and policy making agencies in order to effectively target potentially non-compliant products. For example, work on the hazards associated with blind cords and the risk of carbon monoxide from fossil-fuel appliances.

10 Completed Tasks 2016/17 Construction Products Workplan Ongoing review and updating of construction products premises to take account of the construction market in the current economic climate. To work with Building Control Standards panel, trade associations, Standing Committee on Structural Safety (SCOSS) in order to effectively target potentially noncompliant construction products.(bco /EHO Liaison procedure produced) Under take a training exercise & Market surveillance exercise

11 Construction Products From July 2013, manufacturers, importers and distributors have new MANDATORY obligations and responsibilities when placing a construction product on the Irish market. -Steel came into force July The EU Construction Products Regulation lays down harmonised conditions for the marketing of construction products and is directly applicable, in its entirety, in Irish law.

12 CPR Training/Market Surveillance 2016 Construction Products Training completed 11 th May 2016(In conjunction with Invest NI) 23 officers across NI attended this training exercise. 11 a site visit Officers to be given training on a range of CPR products namely Windows & Doors; Fire Doors and Stoves to assist them in carrying out an audit of these product types. Target 3 inspections per officer attending training i.e. windows/ doors/ fire doors/ stoves. Inspections to be completed by 31 st August 2016.

13 Regulation 14 of the Construction Products Regulations 2013 places a duty on district councils in Northern Ireland to enforce the provisions of the regulations. Standards reviewed/applicable Doors (EN14351) Multi-fuel stoves (EN13240) stoves will have the introduction of energy labels/defra approval- from 1 st Jan EU 2015/1186. This was highlighted on the training and also to pass the information to stove premises that this change is upcoming. Fire door sets (EN see below standard change). Fire door sets CE Marking to be permitted from Sept 2016 and mandatory from Sept 2019 Key objectives of this project was to assess the nature and extent of the levels of compliance of construction products for the chosen products for 2016 surveillance.

14 Completed Work plan 2016/17 Coordinated survey work Consult with councils to identify a suitable market surveillance and sampling programme with a view to securing funding (if necessary) for a co-ordinated product survey, production of report and relevant publicity. (eg: BEIS Horse riding hats project 2016/17)

15 BEIS Horse hats project The (BS) EN1384 specification has been withdrawn from January 2016 from the Official Journal of the European Union, which contains all EU legislation. From 1st January 2016, riding hats must have either: PAS 015 or Snell E2001 or ASTM F1163 or AS/NZS or VG A funded proactive NI survey on horse riding hats to assess compliance to CE marking requirements of Personal Protective Equipment directive 89/686/EEC to understand what measures manufacturers have taken to ensure their products continue to meet the essential health and safety requirements under the PPE Directive post the standard changes.

16 Completed work plan 2016/17 Improved the awareness of volatile substance abuse and related issues through advice to retailers and test purchase exercises A second hand good - gas and electrical product safety education project across NI- inspecting charity shops/second hand goods premises Investigate the issue of home-based industries and businesses using the internet (eg: Facebook)

17 Action Points Annually Nominate a member of the group to represent Northern Ireland at meetings of the UK Product Safety Focus Group and act as a point of contact for correspondence. This nominee to feedback to CP Subgroup at every meeting Nominate a member of the group to act a single point of contact for NI on construction products issues. Avail of any funding opportunities and develop & participate in market surveillance of CPR i.e. possible sampling programs in futuristic terms.

18 Annual Test Purchasing VSA Butane Consumer Protection Act 1987 Cigarette Lighter Refill Regulations 1999 Volatile Substance Abuse (VSA) and/or sniffing is the inhalation of solvents and volatile substances through the mouth and/or nose for the purpose of getting high. Dept. of Health revealed that 1 in 10 children have sniffed at the age of 13.

19 Work plan 2016/2017 Training completed: Upskill staff (at an annual event) on the enforcement of consumer protection regulations/best practice in line with the introduction of new legislation and/or standards, E.g: E. Cigs training, Construction products training. Assisted UUJ in providing consumer protection training for 3rd year placement students

20 Work plan 2017/2018 CPR training for staff on steel- May 2017 BEIS training summer 17- Cosmetics/electrical goods/gas. Provide information to businesses involved in the provision of Construction Products namely steel in relation to their duties and compliance with CPR. Raise awareness within hire premises in relation to their duties to provide safe goods/ services by provision of targeted information.

21 Workplan 17/18 Upskill staff as required on the enforcement of consumer protection regulations/best practice in line with the introduction of new legislation and/or standards regulations. ( Construction training may-steel, BEIS training summer 17) Nominate A member of the group to represent Northern Ireland at meetings of the UK Product Safety Focus Group Nominate a spoc ( Construction products)

22 2017/2018 Identify and avail of suitable funding options subject to funding to support market surveillance Improve the awareness of providers of sunbeds to the home hire market through producing advice and guidance. Improve the awareness of volatile substance abuse through advice to retailers and/ or test purchase exercises and submit annual returns to April 2018.

23 Tumble dryers Topical Issues Blind cords NI video/press release : E.Cigs

24 E-Cigs The Tobacco Products Directive 2014/14/EU (TPD) introduces new rules for nicotine-containing e- cigarettes and refill containers (Article 20). MHRA is responsible for implementing the majority of provisions under Article 20 and has been designated as the competent authority for the notification scheme for e-cigarettes and refill containers in the UK.

25 E-Cigs The TPD introduces new rules which ensure:- Minimum standards for the safety and quality of all e- cigarettes and refill containers (otherwise known as e- liquids). That information will be provided to consumers so that they can make informed choices. An environment that protects children from starting to use these products.

26 E-cigs Furthermore, existing regulations continue to apply to e-cigarettes and e-liquids, such as: Classification, Labelling & Packaging Regulations The Electrical Equipment (Safety) Regulations 1994 The Electromagnetic Compatibility Regulations 2006 Plugs and Sockets etc. (Safety) Regulations 1994 The General Product Safety Regulations 2005

27 E-Cigs Li-ion rechargeable batteries are susceptible to explosive failure in certain circumstances; particularly if the unit has been damaged or subjected to inappropriate charging regimes. Battery manufacturing standards require overcharging protection to minimise the risk of dangerous failure. In some e-cigarette units safety cut-off circuitry has been provided in the USB charging adapter, but not in the battery unit itself. In some cases it has been found that neither the charging connector nor battery has a cutoff feature.

28 ICSMS Internet Supported Information and Communication System; ICSMS has been put together for a European wide exchange of information in relation to non-compliant products identified during market surveillance exercises. ICSMS is a comprehensive Europe-wide database of consumer/ professional products which have been tested as non compliant by market surveillance authorities. It promotes co-operation between its members and facilitates their tasks.

29 The latest EU compliance update from ProductIP said toys, especially those targeting small children, topped the 2015 RAPEX annual report's list of most recalled products.

30 Issues faced CP resourcing Always an issue Make sure Staff are authorised Investigate Complaints Check Hazard Warnings/Rapex Support Product Surveys/initatives Test Purchases

31 Thanks for listening... Any questions??? FINISH Q&A