NEWS

News


In this ever-changing world, you must keep up-to-date with the latest health and safety legislation, government guidance, recent case law and more. You'll find all you need to know in our monthly legal update.

26 Mar, 2024
News: Fire safety of E-bikes and E-scooters New guidance has been issued by the Government regarding the charging of e-bikes and e-scooters. They describe how purchasing, storage, and charging arrangements can mitigate the relatively high fire risk of this equipment. Further information: https://www.gov.uk/government/news/new-guidance-to-enhance-e-bike-and-e-scooter-safety News: Update to First Aid Guidance The HSE has published a third edition of its first aid guidance. There appear to be only minor changes such as taking into account mental health needs of employees and changing some terminology. Further information: https://www.hse.gov.uk/pubns/books/l74.htm News: Manufacturer ignored wood-dust improvement notices The HSE reports that a company which received improvement notices for its control of wood dust, failed to implement the requirements and was caught out six months later during a return visit. Further information: https://press.hse.gov.uk/2024/01/24/manufacturing-company-fined-15000-for-wood-dust-failures/ Case law: Facilities were bad for health A motor vehicle repair business has been prosecuted over the shocking condition of its welfare facilities after it ignored inspectors’ advice for a period of 18 months. Further information: https://press.hse.gov.uk/2024/01/24/pictures-reveal-state-of-welfare-facilities-at-sentenced-sheffield-firm/ Case law: Manufacturer fined over two separate amputation incidents Bedding manufacturer Sartex Quilts and Textiles Limited has been fined £251,250 over its lack of guarding and lack of procedures for power isolation during cleaning and maintenance. Further information: https://press.hse.gov.uk/2024/02/14/bedding-manufacturer-fined-after-employees-suffer-serious-injuries/ Case law: Fatal fall due to badly managed use of telehandler A company has been fined £320,000 after an employee was killed in a fall from a skip. He had been trying to empty a container into the skip using a telehandler, but the container could not be secured to the forks and in an attempt to manually assist the process he fell to the ground. Further information: https://press.hse.gov.uk/2024/02/01/farming-company-fined-320000-after-death-of-much-loved-family-man/ Case law: Killed by excavator A worker for HACS Construction Limited was struck by the bucket of a digger whilst working alongside the driver to install a trench box. In court the company was fined £330,500 and ordered to pay £9,141 in costs. Further information: https://press.hse.gov.uk/2024/01/24/construction-company-fined-after-worker-killed-by-an-excavator/ Case law: 300Kg batteries crushed worker A court has heard how unsafe stacking of batteries led to a worker suffering multiple fractures when a stack collapsed on him. Wastecare Limited was fined £120,000 and ordered to pay £4,937 in costs. Further information: https://press.hse.gov.uk/2024/02/21/company-fined-after-worker-injured-by-300kg-batteries/ Case law: Severn Trent Water failed in its control of roadworks safety Severn Trent Water has been ordered to pay £43,000 in fines and costs after pleading guilty to eight offences relating to the unsafe implementation of traffic management measures across Shropshire. Further information: https://newsroom.shropshire.gov.uk/2024/02/severn-trent-water-ordered-to-pay-43000-for-traffic-management-offences Case law: Fall from unprotected roof-edge Property Facilities Group Ltd, and its sub-contractor Horizon Roofing Specialist Limited have each pleaded guilty to a breach of regulation 4(1) Work at Height Regulations 2005 after a worker fell 2.5 metres to the ground. Further information: https://press.hse.gov.uk/2024/01/19/two-companies-fined-after-a-worker-suffers-serious-injuries-in-a-fall/
28 Feb, 2024
News: Home Working The HSE has revamped the way it presents homeworking safety and health information. Further information: https://www.hse.gov.uk/home-working/ News: Approved list of biological agents - update The HSE has published the fifth version of the approved list of biological agents. New biological agents have been added and advice on available vaccines has been updated. Further information: https://www.hse.gov.uk/pubns/misc208.htm News: Metalworking fluids campaign Many businesses visited during HSE’s recent Metalworking Fluids campaign, are not doing enough to protect their workers’ health, reports the HSE. The regulator wants metal working businesses to minimise the amount of fluid mist generated, ensure extraction is fitted and working and carry out health surveillance. Further information: Information on the control of risk from metalworking fluids can be found here: https://workright.campaign.gov.uk/campaigns/metalworkingfluid/ and here: https://workright.campaign.gov.uk/webinar-managing-metalworking-fluid-hazards/ News: ‘Asbestos – Your Duty’ campaign The HSE’s asbestos awareness campaign this year is supported by updated information online, new templates (including an asbestos management plan template), posters and explanatory videos. Further information: https://www.hse.gov.uk/asbestos/duty/index.htm https://www.hse.gov.uk/asbestos/duty/asbestos-management-plan.htm https://books.hse.gov.uk/product/9780717667529/Health-and-safety-industrial-asbestos-A3-poster https://books.hse.gov.uk/product/9780717667512/Health-and-safety-residential-asbestos-A3-poster News: Welding quality checks: Do you use non-destructive testing contractors? The HSE is concerned of falsification of results within the non-destructive testing (NDT) industry. Those using contractors to undertake this should make themselves aware of what has been happening and how to spot it. Further information: https://www.hse.gov.uk/safetybulletins/radiography-duplication-falsification.htm Case law: Loading shovel had 10 metre blind spot The HSE has pointed out that loading shovels, which are commonly used in recycling and earth moving, have an enormous area in front which the driver cannot see. A failure to recognise and manage this risk recently resulted in Ward Recycling Limited being found guilty of corporate manslaughter and safety offences. It was fined £2.15million after an agency worker was killed at its site in Hartlepool. Further information: https://press.hse.gov.uk/2024/01/26/recycling-company-fined-after-worker-killed-by-loading-shovel/ Case law: Unlicenced asbestos removal A man has been prosecuted after persuading a school and a householder to take him on for asbestos removal work which needed a licence that he did not have. In court he admitted contravening Regulations 8(1) and 20(3), the Control of Asbestos Regulations 2012. Further information: https://press.hse.gov.uk/2024/01/15/man-handed-community-order-for-illegal-removal-of-asbestos/ Case law: 11Kv overhead line strike Scaffolding in proximity to overhead power lines needs very careful control, as illustrated by this case which followed a serious accident. A scaffolder was fortunate to survive after contacting an 11Kv line with a pole. In court, Canterbury City Scaffolding Ltd was fined £50,000 and its director was given a community service order and a suspended prison sentence. Further information: https://press.hse.gov.uk/2024/01/15/company-fined-and-director-receives-suspended-prison-sentence-after-scaffoldersuffers-electric-shock/ Case law: Dangerously adapted angle grinder killed labourer A horrific case has been reported in which a man was struck by a circular saw which kicked back on him as he cut a poorly supported piece of timber. The blade had been fitted completely inappropriately, to an angle grinder, so that there was no guard. Fernando Araujo was sentenced to six months in jail, suspended for two years, and 200 hours of unpaid work. Further information: https://press.hse.gov.uk/2024/01/09/garden-landscaper-sentenced-after-worker-dies/ Case law: Hospital Trust in court over confined space incident The HSE has prosecuted Kettering General Hospital NHS Foundation Trust after an employee who was unblocking a drain, in an access chamber, was found unconscious. He had suffered acute sulphate intoxication. The organisation had not identified the very obvious chamber as a confined space and there were consequently no confined space control measures such as air monitoring, special equipment, rescue arrangements, top man, safe systems of work etc. Further information: https://press.hse.gov.uk/2024/01/09/nhs-trust-fined-after-employee-found-unconscious-in-manhole/
28 Feb, 2024
News: Planned changes to the CPC Scheme Following a consultation, the government has announced potential reforms to the training regime for drivers of goods and passenger carrying vehicles. Further information: https://www.gov.uk/government/consultations/driver-certificate-of-professional-competence-dcpc-changes/outcome/drivercpc-changes-overview-of-responses-and-government-response Case law: One metre exclusion zone was insufficient ‘guarding’ A company has been prosecuted after an employee fell from a ladder and put out his hand, catching it in the unguarded moving parts of a commercial dryer. The hazardous machinery was ‘protected’ by a one metre exclusion zone but this is rarely considered to be an adequate means of guarding. In court, Johnsons Textile Services Limited pleaded guilty to breaching Regulation 11(1), Provision and Use of Work Equipment Regulations 1998 and was fined £100,000. Further information: https://press.hse.gov.uk/2023/12/11/5656/ Case law: Ladder was the wrong choice A court has heard how an employee was replacing facias and gutters from a ladder when he fell and was seriously injured. The work should have been carried out from more suitable access equipment. Profascias Ltd, of Tadley, pleaded guilty to breaching Section 4(1), Work at Height Regulations 2005. The company was fined £6,000 and ordered to pay £2,000 in costs A director of the company was also ordered to undertake community service work. Further information: https://press.hse.gov.uk/2023/12/19/company-and-director-sentenced-after-worker-fractures-arm-and-leg/ Case law: Crane safety devices were disabled An investigation by the HSE into a crane collapse uncovered that the safety limit switches had all been overridden so that those using the crane could use it outside of its safety parameters. The accident had the potential to cause multiple fatalities although despite the crane crashing down onto a ship, no one was hurt. Rowan Drilling (UK) Limited was fined £130,000. Further information: https://press.hse.gov.uk/2023/12/21/offshore-drilling-company-fined-after-crane-boom-collapse/ Case law: Nationwide platforms fined £900,000 Nationwide Platform Limited has been heavily fined after an employee was run down and trapped whilst trying to move a scissor lift using mobile controls. The moveable controls on the scissor lift were inverted, which had not been identified as a risk in the company’s risk assessments. The HSE also found that there was inadequate supervision of the lorry loading activities. Further information: https://press.hse.gov.uk/2023/12/21/company-fined-900000-after-dad-crushed-to-death/ Case law: Prosecution followed inspectors’ dust campaign visit An HSE visit connected with the Dust Kills campaign resulted in prosecution after it was found that previous warnings received by the firm had not been acted on. DLD Joinery Limited, was found to have committed health and safety offences relating to wood dust control, health monitoring, respiratory protection and machinery guarding. Photos: 1 & 2
13 Dec, 2023
News: Fire safety in small premises Three new fire safety guides cover small non-domestic premises, small blocks of flats and small sleeping accommodation. These are government issued and apply to premises in England. Further information: https://www.thefpa.co.uk/news/new-home-office-guidance-covers-fire-safety-in-small-premises News: Dodgy Ladders An experiment in which multi-purpose ladders were bought from Amazon and eBay identified that all of the products failed safety testing. Further information: https://www.gov.uk/government/publications/reinforced-autoclaved-aerated-concrete-guidance-for-responsible-bodies-andeducation-settings-with-confirmed-raac News: Voice alarm standard updated Those who may install voice alarm systems should note that BSi has produced a revision of BS5839-8, the code of practice for the design, installation, commissioning, and maintenance of such systems. Further information: https://www.fia.uk.com/news/bs-5839-8-2023-has-been-published.html News: Fit notice response Employers receiving a Statement of Fitness for Work, i.e. fit note, can find out what to do by reading this guide. Further information: https://www.gov.uk/government/publications/fit-note-guidance-for-employers-and-line-managers News: Free wellbeing support for construction workers A new portal includes links to free sources of health and wellbeing support. It’s aimed at UK construction workers. Further information: https://makeitvisible.info/ News: Compressed gases New codes of practice have been published on managing risks from compressed gases and carrying gas cylinders on vehicles. Further information: https://bcga.co.uk/bcga-issue-new-code-of-practice-52/ https://bcga.co.uk/bcga-issue-new-code-of-practice-50/ News: Ill health and injury statistics 2022/23 The HSE has published its annual ill health and injury statistics. They show that more than 40% of self-reported work-related ill health is in the category of stress, depression or anxiety. Work-related musculoskeletal disorders are also a significant contribution to the statistics. Further information: https://press.hse.gov.uk/2023/11/22/hse-publishes-annual-work-related-ill-health-and-injury-statistics-for-2022-23/ News: Hand-arm vibration The HSE says that there are 650 new cases of ill health registered under the Industrial Injuries Disablement Benefit scheme (IIDB) caused by hand-arm vibration exposure. Key steps to compliance: 1. HSE guidance on HAVS to be followed. 2. Assess equipment with the potential to cause HAVS. 3. Use the HSE vibration calculator to identify how long equipment can be used for 4. Monitor employee exposure to equipment to cause HAVS. Further information: https://www.hse.gov.uk/statistics/causdis/vibration/index.htm News: Structural safety concerns A leaked report from a government advisory group shows deep seated concerns that some buildings have become structurally unsafe. These include Large-Panel System Buildings and Reinforced Autoclaved Aerated Concrete (RAAC), the latter having been recently highlighted by school closures. Other concerns are where floors have been added to existing buildings, steel and timber frame construction for tower blocks, and unstable cladding materials. It seems there may be more wide-scale scandals to come involving poor build quality. Further information: https://www.fia.uk.com/news/government-advisory-group-reveals-urgent-structural-safety-concerns-in-uk-housing.html News: Fire statistics Annual statistics show that of all the incidents attended by Fire and Rescue Services (FRSs) in England 40% were false fire alarms. Unfortunately, this figure has been level for some years. Further information: https://www.gov.uk/government/statistics/fire-and-rescue-incident-statistics-year-ending-june-2023/fire-and-rescue-incidentstatistics-england-year-ending-june-2023# News: Increase in Deaths at Work from Road Accidents The charity Brake reports that the number of accidents on the road involving goods vehicles has increased. Further information: https://www.fleetnews.co.uk/news/new-analysis-shows-driving-for-work-death-increase# Case law: Falling slate struck 3-year-old The owners of a Weymouth hotel have been ordered to pay fines and costs of nearly £350,000 over lack of protection for people entering and leaving its premises during roof works. It was accused of worrying about image rather than safety, apparently refusing to install fans and other measures to catch falling debris. The case followed an accident in which a child was struck on the head by a falling slate. The principal contractor and principal designer were also prosecuted. Further information: https://press.hse.gov.uk/2023/10/24/companies-fined-as-child-suffers-fractured-skull/ Case law: Cladding replacement has fire safety rules A recent case highlights the detail and care required during cladding replacement, to ensure that fire hazards are not created during the work. Green Facades Limited had been previously warned about its working practices and was handed a £240,000 fine. Further information: https://press.hse.gov.uk/2023/10/26/company-fined-240000-after-liverpool-residents-put-at-risk-during-removal-of-dangerouscladding/ Case law: Wood dust exposure A joinery firm has been prosecuted over its failure to control wood dust after HSE took enforcement action twice in three years. Key steps to compliance: 1. Local Exhaust Ventilation (LEV) must be in place and be effective. 2. LEV must be inspected and tested by a competent person every 14-months. 3. Cleaning regime be in place to remove excess dust. 4. M-Class vacuum to be used to clean up dust – Do not use brooms to sweep up dust. 5. Risk assessment and safe system of work must be in place for the work equipment. 6. Work equipment is inspected for signs of damage prior to being used. 7. Staff are trained and competent in the use of equipment. Further information: https://press.hse.gov.uk/2023/10/04/woodworking-company-fined-for-dust-exposure/ Case law: Outdoor centre had no finger guards PGL Travel Limited must pay £1 million in fines after two children trapped fingers in door jams at one of the company’s residential centres. Records showed more than 500 similar incidents since 2009 but no finger guards were installed. Key steps to compliance: 1. Ensure all maintenance works are planned and completed by a competent person. 2. Safe systems of work to be documented. 3. Control measures such as permit to work to be used. Further information: https://www.waverley.gov.uk/Council-updates/Read-our-latest-news/1631-million-fine-for-outdoor-education-provider-inwaverley Case law: No seat belt led to crushing Seat belts on mobile plant when used correctly, hold someone in the seat when a vehicle overturns. This case against Earlcoate Construction & Plant Hire Limited was taken after a young worker was thrown under a tractor as it overturned, causing a serious leg injury. The tractor did not have a seat belt fitted. Key steps to compliance: 1. Plant must only be operated by those who are trained and competent to do so. 2. Plant must be operated in accordance with the safe systems of work. 3. Plant must be under regular checks and daily safe start checks / plant inspections. Further information: https://press.hse.gov.uk/2023/10/17/construction-company-fined-after-serious-injury-to-16-year-old-on-work-experience/ Case law: Worker fell 25 feet A lack of guarding of a hatch on a vessel, allowed a banksman to fall into the hold. Cattedown Wharves Limited was fined £127,500. Key steps to compliance: 1. Work at height must be planned and managed so that falls are prevented, and steps taken to prevent falls must be documented. 2. Appropriate work equipment must be used i.e., cherry picker or tower scaffold. 3. Staff must be trained and deemed competent to complete the works. Further information: https://press.hse.gov.uk/2023/10/02/dockside-company-sentenced-after-worker-seriously-injured-on-trawler/ Case law: Labourer fell through hole Challenger Building Services Ltd has been fined £30,000 after a labourer fell lifted a temporary flooring sheet and fell through to the floor below. The subcontractor which employed him was also fined. Key steps to compliance: 1. Work at height must be planned and managed so that falls are prevented, and steps taken to prevent falls must be documented. 2. Appropriate work equipment must be used i.e., cherry picker or tower scaffold. 3. Staff must be trained and deemed competent to complete the works. Further information: https://press.hse.gov.uk/2023/10/23/companies-fined-after-labourer-fractures-skull/ Case law: No ventilation to manage hazardous fumes A metal refinishing company has been fined £80,000 poor safety standards including a lack of ventilation for work with hydrofluoric acid, dichloromethane (DCM) and welding fume. Further information: https://press.hse.gov.uk/2023/09/27/alloy-wheel-refurbishment-firm-fined-80000-for-failing-to-protect-its-workers/ Case law: Forklift truck (FLT) overturned. A manufacturing company has been fined £500,000 after an FLT overturned killing the driver who was not wearing a seatbelt. Key steps to compliance: 1. Risk assessment and SSOW to be followed for the use of a forklift. 2. Pedestrian and forklift routes to be separate and clearly defined. 3. Forklifts only to be operated by those who are deemed trained and competent to do so. Further information: https://press.hse.gov.uk/2023/11/08/manufacturing-company-fined-half-a-million-pounds-after-forklift-truck-death/ Case law: Safety device was defeated A safety interlock which had been bypassed, allowed a serious accident to occur at a machine, a court has heard. Hall and Tawse Joinery Limited had no risk assessment nor any routine checks which could have identified the defeated safety device. Further information: https://press.hse.gov.uk/2023/11/09/aberdeen-firm-fined-after-man-suffers-horrific-injuries-cleaning-machine/ Case law: Falling debris MAC Demolition Ltd has pleaded guilty to breaching Regulation 20, Construction (Design and Management) Regulations 2015 in relation to an accident in which a labourer was struck by masonry. The company was ordered to pay a fine of £60,000 plus costs of £3,229. Photos: 
22 Oct, 2023
News: Building Safety Act 2022 A new regulatory regime for fire safety in high rise residential buildings, came into force on 1 October 2023. Although the Building Safety Act 2022 primarily affects fire safety in high-rise residential buildings, there are some wider implications such as the need for fire risk assessments to include all findings, not only ‘significant’ findings. News: RAAC in buildings Reinforced autoclaved aerated concrete (RAAC) has been in the news with multiple public buildings shut down whilst concerns are addressed. The Department for Education has published updated guidance is for responsible bodies of state funded education estates in England that have confirmed or suspected in their buildings. It may be of use to other sectors. Further information: https://www.gov.uk/government/publications/reinforced-autoclaved-aerated-concrete-guidance-for-responsible-bodies-andeducation-settings-with-confirmed-raac News: Metal working fluids HSE inspectors have begun a campaign of unannounced inspections until March 2024, to reduce ill health from excessive quantities of metal working fluid in the air within engineering workshops. This affects those using computer numerical control (CNC) machines. Health impacts include occupational asthma and allergic skin diseases. Further information: https://press.hse.gov.uk/2023/09/25/hse-campaign-highlights-dangers-from-metalworking-fluids/ News: Manual handling campaign The HSE has started a campaign of inspections to check how construction sites are dealing with heavy loads, particularly looking to see that mechanical equipment is being used where possible, to avoid manual lifting. Further information: https://press.hse.gov.uk/2023/08/31/latest-construction-campaign-to-prevent-ill-health-from-moving-and-handling-materials/ Case law: £3 Million fine Valencia Waste Management Limited, formerly known as Viridor Waste Management Limited, has been prosecuted over two separate fatal accidents, both involving vehicle loading. Further information: https://press.hse.gov.uk/2023/09/07/waste-management-company-fined-3m-following-hse-investigations/ Case law: Council prosecuted over machine accident Inadequate guarding and a lack of safe systems of work, led to an accident in which a road machine, the HSE concluded. As a result, a Scottish Council has been fined. Further information: https://www.ioshmagazine.com/2023/09/21/local-authority-fined-after-workers-arm-trapped-road-chipper Case law: Jewsons prosecuted for asbestos failures The company that owns the brand Jewsons, has been fined £400,000 for allowing asbestos containing materials to deteriorate and leak fibres into a premises over more than a decade. Key steps to compliance: Stop works immediately and halt any activates in the area where asbestos has been disturbed. Isolate the area and used barriers where required. Engage licensed asbestos contractors to safely remove any asbestos on site. Note. To prevent incidents such as this, asbestos refurbishment surveys must be completed prior to works commencing. Further information: https://www.middlesbrough.gov.uk/latest-news/builders-merchant-hit-with-huge-court-fine-over-asbestos Case law: Roof fall would have been avoided if work was delayed CK Steelwork & Cladding Ltd has pleaded guilty to a breach of Regulation 4(1), Work at Height Regulations 2005, after a worker fell 10 metres through a fragile skylight. Work to erect safety netting was in progress and had not reached the area where the man fell. Key steps to compliance: Work at height must be planned and managed so that falls are prevented, and steps taken to prevent falls must be documented. Appropriate work equipment must be used i.e., cherry picker or tower scaffold. Staff must be trained and deemed competent to complete the works. Further information: https://press.hse.gov.uk/2023/08/31/company-fined-after-worker-suffers-life-changing-injuries-in-fall/ Case law: Visiting driver killed in drive-away accident A fine of £100,000 has been handed to Williams Haulage Limited, Clwyd, over its lack of control over loading and unloading activities. The case followed the death of a visiting driver who was killed when a flatbed lorry he was standing on, drove away. Key steps to compliance: 1. Risk assessment and safe system of work for loading and unloading activities. 2. Pedestrians and vehicle movements are separated effectively. 3. Staff are trained and competent in the use of vehicles / operations. Further information: https://press.hse.gov.uk/2023/09/22/haulage-company-fined-after-worker-dies-from-injuries/ Case law: Welding fume control lapsed A company specialising in welding has been found to be in contravention of Improvement Notices issued to it two and five years previously, despite having shown compliance at the time. The case illustrates how enforcement notices once issued, last forever, with companies risking much swifter prosecution if they fail to maintain the improvements they implemented to ‘clear’ the notices. In this case, a director was also fined personally alongside the company itself, Associated Metalmasters Limited. Further information: https://press.hse.gov.uk/2023/09/14/company-and-director-fined-for-putting-workers-at-risk/
25 Sep, 2023
News: Fire legislation amended From 1st October 2023 fire risk assessments will need to be recorded, regardless of the number of employees. Another amendment removes the words “significant findings” regarding the assessment: now all findings are to be recorded. There’s also a new requirement to identify other ‘responsible persons’ who share fire safety duties within a premises and record who is responsible for what. Further information: https://www.gov.uk/government/publications/check-your-fire-safety-responsibilities-under-section-156-of-the-building-safetyact-2022/fire-safety-responsibilities-under-section-156-of-the-building-safety-act-2022 News: BeAMate helpline for HGV Driver You can now access mental health support by texting “BeAMate” to 85258. Further information: https://press.hse.gov.uk/2023/08/10/working-minds-stress-campaign-to-help-hgv-drivers/ News: AEDs for schools Guidance from the Department for Education on the purchase and use of automated external defibrillators has been updated to include what support a school should provide to a responder after using a defibrillator. Further information: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1178446/Automated_Exter nal_Defibrillators__AEDs__guidance_for_schools.pdf News: Mobile crane hire advice An industry group has produced free guidance which will help those hiring and operating mobile cranes. Further information: https://www.cpa.uk.net/news/guidance-on-tendering-management-and-operations-of-mobile-cranes News: Safe isolation of power This free leaflet includes practical guidance on safe isolation procedures to be followed during construction, refurbishment and maintenance activities. Further information: https://www.electricalsafetyfirst.org.uk/media/1201/best-practice-guide-2-issue-3.pdf Case law: School fined after overloaded ceiling collapse A recent case serves as a reminder not to allow uncontrolled storage in attic spaces with unknown load capacity. The Thurlow Educational Trust has been fined £80,000 after tables and chairs in a loft caused the ceiling to cave in, injuring young children using the room below. Further information: https://www.standard.co.uk/news/crime/dulwich-rosemead-prep-school-fined-ceiling-collapse-roof-prosecution-pupilsb1103532.html Case law: Construction company fined for asbestos disturbance Breaches of the Control of Asbestos Regulations 2012 have resulted in a heavy fine for a construction company in Stoke on Trent. Esskay Construction Ltd was found guilty of the charges after it stripped out a property for refurbishment leaving asbestos debris piled up outside the building. Key steps to compliance: Stop works immediately and halt any activates in the area where asbestos has been disturbed. Isolate the area and used barriers where required. Engage licensed asbestos contractors to safely remove any asbestos on site. Note. To prevent incidents such as this, asbestos refurbishment surveys must be completed prior to works commencing. Further information: https://press.hse.gov.uk/2023/08/24/construction-firm-fined-90000-after-exposing-public-to-asbestos-during-renovation-work/ Case law: CNC machine safety device was overridden Mountfield CNC Ltd has been charged over an entanglement accident made possible by the fact that safety interlock devices had been defeated. This allowed the machine to work with the guard lifted. Key steps to compliance: Anyone using machinery should complete pre-start checks. These should identify whether all safety devices, such as guards and interlocks are in place and are effective. If there are any defects, the machine must not be used. All persons using machinery, should be trained in the safe systems of work (SSOW) to be followed. The SSOW should identify that the safety devices should be used. Further information: https://press.hse.gov.uk/2023/08/01/company-fined-after-worker-left-paralysed/
30 Aug, 2023
News: 2022/23 fatal accidents at work Provisional statistics reveal that 135 workers were killed in work-related incidents in Great Britain within 2022/23. The top cause was ‘fall from height’ followed by ‘struck by a moving object’ and ‘struck by a moving vehicle’. Numbers are on a par with recent years. Key steps to compliance: Work at height must be planned and managed so that falls are prevented, and steps taken to prevent falls must be documented. Appropriate work equipment must be used i.e., cherry picker or tower scaffold. Staff must be trained and deemed competent to complete the works. Further information: https://press.hse.gov.uk/2023/07/06/work-related-fatality-figures-published/ News: Silica risk examined via inspections Businesses which cut stone or use stone products in manufacture, will be the target of the HSE’s latest inspection campaign which aims to ensure that respirable silica dust is managed effectively. Inspectors hope to find improvements after a similar programme of visits in 2022 uncovered poor management of engineering controls, cleaning and respiratory protection. Further information: https://press.hse.gov.uk/2023/07/03/hse-launches-manufacturing-inspection-initiative-focusing-on-respiratory-risks-from-silica/ News: Extension applying to chemicals registered in Europe The government has made it easier for chemicals registered in Europe to be used in the UK, for a longer period of time without needing separate UK registration. Further information: https://www.shponline.co.uk/chemical-hazards/reach-deadline-extension-passed-by-uk-government/ News: CE mark retained in UK The CE mark will continue to be regarded as a mark of product safety, though not for all construction products, says the UK government. Further information: https://www.fia.uk.com/news/uk-retains-ce-mark-for-product-safety-important-clarification-for-the-fire-industry.html News: Charging of electric vehicles Owners and operators of covered car parks should familiarise with the new guidance issued regarding electric vehicle charging equipment. Further information: https://www.gov.uk/government/publications/covered-car-parks-fire-safety-guidance-for-electric-vehicles News: Two staircases for blocks of flats over 18m Michael Gove has announced that all new blocks of flats over 18 metres tall will require two staircases. The matter brings clarity on a subject which has been under debate for some time. Further information: https://www.fia.uk.com/news/for-all-new-high-rise-housing-over-18-metres-gove-mandates-two-staircases.html Case law: Forklift truck accident A clothing company has been fined after a delivery driver was run down by a forklift truck. The visiting driver was not instructed to stand and wait in a safe area. Key steps to compliance: Risk assessment and safe system of work for forklift operations. Pedestrians and forklift movements are separated effectively. Staff are trained and competent in the use of a forklift. Further information: https://press.hse.gov.uk/2023/07/20/blackpool-clothing-company-fined-after-worker-hit-by-forklift-truck/ Case law: Lost finger A lack of detailed machine risk assessment was the underlying cause of an accident, a court has heard. The worker had two fingers partially amputated whilst trying to identify a fault on an edge banding machine. Interior Products Group Limited was fined £100,000. Key steps to compliance: Ensure all maintenance works are planned and completed by a competent person. Safe systems of work to be documented. Control measures such as a permit to work to be used. Further information: https://press.hse.gov.uk/2023/07/11/manufacturer-fined-100000-after-worker-partially-severs-two-fingers/ Case law: Vibration injury to two manufacturing employees Ross & Catherall Limited, a company that manufactures and supplies metal bars, has been fined £200,000 in connection with two cases of hand-arm vibration syndrome. Key steps to compliance: HSE guidance on HAVS to be followed. Assess equipment with the potential to cause HAVS. Use the HSE vibration calculator to identify how long equipment can be used for Monitor employee exposure to equipment to cause HAVS. Further information: https://press.hse.gov.uk/2023/07/18/company-fined-after-employees-diagnosed-with-life-changing-condition/ 
20 Jul, 2023
News: Wood Dust Health Campaign HSE inspectors will be visiting woodworking businesses over the next year, focusing on the dangers of respiratory risks from wood dust. The regulator expects businesses to be on top of wood dust control, for example with effective exhaust ventilation, face fit testing of respirators, and health surveillance programmes. Key steps to compliance: Local Exhaust Ventilation (LEV) must be in place and be effective. LEV must be inspected and tested by a competent person every 14-months. Cleaning regime be in place to remove excess dust. M-Class vacuum to be used to clean up dust – Do not use brooms to sweep up dust. Risk assessment and safe system of work must be in place for the work equipment. Work equipment is inspected for signs of damage prior to being used. Staff are trained and competent in the use of equipment. Further information: https://press.hse.gov.uk/2023/06/05/hse-inspections-target-woodworking-businesses-to-tackle-occupational-lung-disease-2/ News: CDM - Principal Designer The HSE has examined the success or otherwise of the role of the Principal Designer as defined in the Construction (Design and Management) Regulations 2015. It’s found that there is a wide variation in the tasks that PDs undertake. Further information: https://www.hse.gov.uk/Research/rrhtm/rr1198.htm News: Complying with rules about external wall materials The Fire Industry Association has published guidance to help designers of higher risk buildings in complying with new requirements on exterior wall structure. It points out that getting this wrong can be extremely expensive. Further information: https://www.fia.uk.com/resourceLibrary/fia-guide-regulation-7274-building-reg.html News: Working in hot weather Work in high workplace temperatures is the topic of this latest HSE advice. Key steps to compliance: Stay informed – stay up to date with weather forecasts and prepare for warm conditions. Hydration – ensure that all staff always have adequate access to water. Schedule breaks – plan regular rest breaks in shaded or air-conditioned areas. Dress appropriately and wear sunscreen. Training and education on working in warm conditions. Rotates tasks when possible. Further information: https://press.hse.gov.uk/2023/06/08/working-in-hot-weather-employers-asked-to-help-workers/ Case law: Crushed by 700Kg crate PSV Glass & Glazing Limited has been fined £200,000 after an employee broke two ribs and fractured his vertebra in an accident with a 700Kg crate of glass. The accident seems to have been rooted in a lack of space to use suitable lifting equipment. Key steps to compliance: Ensure all lifting operations are completed by competent contractors. Ensure suitable selection and appointment of contractor system is in place. Check the safe systems of work that are to be followed by the sub-contractors working on a project are suitable and sufficient. Ensure there is a paperwork trail in place that identifies that checks have been completed. Have suitable and sufficient site supervision arrangements in place. A lifting plan must be in place for all lifting operations. Further information: https://press.hse.gov.uk/2023/06/01/company-fined-as-worker-crushed-by-700kg-crate/ Case law: Roof fall A manufacturer has been fined £660,000 over mistakes in the management of roof works which led to an employee’s horrific injuries in a fall. Key steps to compliance: Work at height must be planned and managed so that falls are prevented, and steps taken to prevent falls must be documented. Appropriate work equipment must be used i.e., cherry picker or tower scaffold. Staff must be trained and deemed competent to complete the works. Further information: https://press.hse.gov.uk/2023/06/19/aircraft-seat-manufacturer-fined-660k-after-worker-fell-through-roof/ Case law: Cooling towers in the spotlight The HSE reported that when investigating five cases of legionnaire’s disease in West Bromwich it found one manufacturer with a cooling tower in a very poor state. Riaar Plastics Limited was prosecuted and fined £50,000 and ordered to pay £11,000 in costs. Key steps to compliance: Appoint a competent person/contractor to manage legionella risks in line with HSE guidance Further information: https://press.hse.gov.uk/2023/06/06/firm-fined-following-outbreak-of-legionnaires-disease/ Case law: Worker lost fingers in packaging machine A vape liquid manufacturing company has been fined £180,000 after a worker lost two fingers and a thumb while clearing a blockage in a packaging machine. Key steps to compliance: Ensure all maintenance works are planned and completed by a competent person. Safe systems of work to be documented. Control measures such as a permit to work to be used. Further information: https://press.hse.gov.uk/2023/06/20/company-fined-after-workers-fingers-sliced-off/
15 Jun, 2023
News: Revoking EU law? The Retained EU Law (Revocation and Reform) Bill is continuing its route through parliament, however, instead of revoking vast tracts of UK law as originally planned it will now only impact a short list of legislation to be removed from the statute books. It doesn’t appear that health and safety legislation will be affected. Further information: https://www.gov.uk/government/publications/schedule-of-retained-eu-law News: Gas cylinder handling A free guide has been published on risk assessing work with compressed gas cylinders. Key steps to compliance: If using compress gas cylinders, see the link below. Further information: https://bcga.co.uk/publications/tis49-risk-assessment-considerations-for-activities-involving-compressed-gas-cylinders-within-the-workplace-2023/ News: Cleaning out your concrete mixer? New HSE research covers a known risk within the concrete production industry, i.e. hand arm vibration syndrome caused by chipping off hardened concrete in a mixer. This document advises on alternative measures for cleaning the mixer. Key steps to compliance: Vibration signatures for handtools to be followed. HSE vibration calculator to be used to record amount of time on tools. Further information: https://www.hse.gov.uk/Research/rrhtm/rr1193.htm News: HSE inspectors on site to check construction dust management The HSE will be out and about all summer checking how construction sites are controlling dust exposure. The campaign will cover silica, wood dust and asbestos. Key steps to compliance: Local Exhaust Ventilation (LEV) must be in place and be effective. LEV must be inspected and tested by a competent person every 14-months. Cleaning regime be in place to remove excess dust. M-Class vacuum to be used to clean up dust – Do not use brooms to sweep up dust. Risk assessment and safe system of work must be in place for the work equipment. Work equipment is inspected for signs of damage prior to being used. Staff are trained and competent in the use of equipment. Further information: https://press.hse.gov.uk/2023/05/11/hse-targets-construction-workers-lung-health-with-nationwide-inspection-campaign/ Case law: Man was impaled on pipe Linbrooke Services Limited has been fined £550,000 and ordered to pay £200,000 compensation after a worker was killed in a fall from height. Matthew Mason was fatally injured while installing a public address system at a train station. He fell from a step ladder and landed on a metal handle. Key steps to compliance: Work at height must be planned and managed so that falls are prevented, and steps taken to prevent falls must be documented. Appropriate work equipment must be used i.e., cherry picker or tower scaffold. Staff must be trained and deemed competent to complete the works. Further information: https://www.copfs.gov.uk/about-copfs/news/company-sentenced-for-failing-that-led-to-death-fall/ Case law: Resident swallowed cleaning fluid A Scottish care home operator has been fined £20,000 in connection with the death of a resident who drank a cleaning chemical. Key steps to compliance: All hazardous substances must be stored in appropriate containers and all products must be labelled to identify the contents. COSHH assessments to be completed and those using the substances to be made aware of the findings. Further information: https://www.copfs.gov.uk/about-copfs/news/care-home-sentenced-for-failings-that-led-to-resident-s-death/ Case law: Logistics firm did not assess load An error in handling a machine in two parts has landed logistics firm GCS Johnson Limited with a fine of £140,000. Anthony Clark was helping to move a large piece of machinery from one trailer to another when one part broke free and crushed him. Key steps to compliance: Ensure all lifting operations are completed by competent contractors. Ensure suitable selection and appointment of contractor system is in place. Check the safe systems of work that are to be followed by the sub-contractors working on a project are suitable and sufficient. Ensure there is a paperwork trail in place that identifies that checks have been completed. Have suitable and sufficient site supervision arrangements in place. A lifting plan must be in place for all lifting operations. Further information: https://press.hse.gov.uk/2023/05/03/trucking-company-fined-after-darlington-man-killed-unloading-a-wagon/ Case law: £2.2 million in fines for reversing fatality Turners (Soham) Limited and The Haulage Group Ltd have appeared in court over the death of a depot manager who was killed when an HGV reversed out of a parking space. Key steps to compliance: Traffic management plan to be in place that identifies safe movements of vehicles on site, People and vehicles to be separated whenever it is reasonably practicable to do so. For example, barriers are used to create walkways. Further information: https://press.hse.gov.uk/2023/05/18/major-transport-firm-hit-with-1-9m-fine-after-worker-killed-by-hgv/ Case law: Faulty electrical equipment The HSE has prosecuted a company over its dangerous electrical installations and equipment.
20 May, 2023
News: High-rises must be registered The system has gone live for Accountable Persons to register high-rise residential buildings as required by the Building Safety Act 2022. This affects all high-rise residential buildings 18 metres tall or higher, or at least 7 storeys tall, with two or more residential units and is to be completed by 1st October 2023. Key steps to compliance: 1. Use the HSE link below to register a building. Further information: https://press.hse.gov.uk/2023/04/12/registration-of-high-rise-residential-buildings/ News: Floor gratings This HSE alert aimed at wind farms and off shore platforms is worth reading if you have floor grating systems. The HSE’s warning is that it’s found several industrial polymer floor grating systems to be improperly secured carrying a risk of collapse or tripping accidents Key steps to compliance: 1. Check that fasteners used to secure sections in place have been installed as per the original equipment manufacturer’s guidance Further information: https://www.hse.gov.uk/safetybulletins/floor-grating-systems.htm News: Wood dust exposure Management of exposure to wood dust remains a top priority for the HSE. Joinery Limited has been fined after being caught in one of the HSE’s campaign visits. Thick layers of wood dust were left lying because the extraction system was not connected to all machines.
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