hseadvisor

November/December 2025 - Legal Update

Sun, 18 Jan 2026 12:23:40 GMT

News: Annual health and safety statistics 2024/5

The HSE reports that 1.9 million workers self-reported suffering from work-related ill health in 2024/25. More than half of those cases were mental health conditions caused or made worse by work

There were 124 worker fatalities and an estimated 680,000 self-reported non-fatal injuries.

The report provides insights into the main causes of accidents and ill health, assisting businesses in prioritising their health and safety improvements.

Further information:

https://www.hse.gov.uk/statistics/overview.htm

News: Construction industry - work at height

There were 124 worker fatalities and an estimated 680,000 self-reported non-fatal injuries.

The report provides insights into the main causes of accidents and ill health, assisting businesses in prioritising their health and safety improvements.

The IOSH “Don’t fall silent” campaign offers a toolkit of resources for promoting safe work at height on construction sites.

Further information:

https://www.hse.gov.uk/statistics/overview.htm

https://www.ioshmagazine.com/2025/11/17/iosh-provides-resources-promote-safe-work-height-practices

News: Workplace transport advice

Recently there have been a number of heavy fines for vehicle accidents and this has prompted the HSE to issue some down to earth instructions to businesses on what is required to prevent these. It advises

Provide separate areas for people and vehicles wherever possible;
Ensure that reversing aids are used and maintained;
Instruct all drivers in site specific risks and procedures e.g. when to request a banksman;
Provide training for the specific work environment;
Monitor and enforce standards;
Investigate unsafe acts and conditions.

Further information:

https://press.hse.gov.uk/2025/10/23/protecting-workers-from-workplace-transport-getting-the-basics-right/

News: Respirator face-fit testing

Revised guidance on RPE face-fit testing has been provided by the HSE.

Further information:

https://www.hse.gov.uk/pubns/indg479.htm

News: Mental health in construction

A consultation has been launched by the Construction Leadership Council, aiming to reduce the future likelihood of poor mental health in the sector.

Further information:

https://www.constructionleadershipcouncil.co.uk/news/clc-launches-construction-mental-health-consultation/

News: Hazards in Social Housing (Prescribed Requirements) (England) Regulations 2025

Regulations have come into force implementing what has become known as Awaab’s Law. It intends to ensure that social housing providers act promptly on housing safety concerns such as damp and mould.

Further information:

https://www.gov.uk/government/publications/awaabs-law-guidance-for-social-landlords/awaabs-law-guidance-for-social-landlords-timeframes-for-repairs-in-the-social-rented-sector

News: Electrical Safety Standards in the Private Rented Sector (England) (Amendment) (Extension to the Social Rented Sector) Regulations 2025

Regulations will come into force in a phased approach from 1st November 2025, strengthening the electrical safety requirements which apply to the social housing sector.

Further information:

https://www.legislation.gov.uk/uksi/2025/1043/contents/made

News: BS5839-1 changes

A summary of changes incorporated within BS5839-1: 2025, the British standard for non-domestic fire detection and alarm systems, has been published by the FIA.

Further information:

https://www.fia.uk.com/news/bs-5839-1-2025-strengthening-the-foundations-of-fire-safety.html

News: Fatigue detection in drivers

The European Industrial Gases Association has published information sheet on fatigue detection technology in vehicles.

Further information:

https://www.eiga.eu/uploads/documents/SITS017.pdf

News: Small air compressors fail safety checks

The HSE carried out market surveillance research by testing 16 air compressors from the open marketplace. It found none that complied with the Simple Pressure Vessels (Safety) Regulations. All failed in one or more ways.

Further information:

https://www.hse.gov.uk/Research/rrhtm/rr1226.htm

News: Grenfell action timetable

The Government has published target milestones for implementing the recommendations arising from the Grenfell Tower Inquiry. The list of planned work includes some fundamental changes to legislation, the building control process, fire safety requirements for higher risk buildings and the fire safety industry.

A single regulator will be created for the construction industry with legislation laid before parliament this year.

Further information:

https://www.gov.uk/government/publications/grenfell-tower-inquiry-government-progress-report/implementation-timeline-for-

grenfell-tower-inquiry-recommendations

News: Fire safety officers enforcement approach

A circular has been made openly available, showing how the fire and rescue services evaluate whether enforcement action should be taken.

Further information:

https://www.gov.uk/government/publications/regulatory-reform-fire-safety-order-2005-guidance-note-enforcement/fire-safety-order-supplement-to-guidance-note-1-enforcement

News: HSE safety alert: sublimation calendar machine

The HSE is concerned about two explosions hundreds of miles apart, involving an industrial printing machine known as a “sublimation calendar machine”. User should take remedial measures immediately.

Further information:

https://press.hse.gov.uk/2025/10/10/hse-urges-industry-to-check-guidance-following-swindon-explosion/

Case law: The hazard of ice within pressure jetting equipment

Lanes Group Limited has appeared in court after the death of a drainage engineer in 2022. Miguel Galvao was fatally injured when ice caused an accident during the priming process of a jetting hose. The end of the hose should have been anchored, but it wasn’t, and evidence showed that this might be a common mistake within the business. The end whipped around rapidly, striking the engineer in the face.

There was no safe system of work for priming the system and insufficient instruction of employees. The use of the physical risk control measures (such as the vice provided for anchoring the hose), was not monitored.

The company was fined £800,000. The Water Jetting Association released a safety alert reminding operators of the need to restrain the hose.

Further information:

https://press.hse.gov.uk/2025/10/06/lanes-group-limited-fined-800k-after-investigation-into-death-of-devoted-father/ https://waterjetting.org.uk/wja-safety-alert-water-jetting-safely-in-cold-weather/

Case law: £2.5 million for Biffa after reversing accident

Biffa Waste Services Ltd has been fined £2.48 million after a worker was run over by a reversing vehicle at a waste transfer station in Bradford.

The site was well equipped with protected and marked walkways, but staff habitually jumped over barriers and crossed vehicle only spaces. This was noted on CCTV footage from the week preceding the accident and led to the prosecution.

Further information:

https://press.hse.gov.uk/2025/10/17/biffa-fined-almost-2-5-million-after-worker-crushed-by-skip-wagon/

Case law: Care Home Fined £1.8 Million for Choking Death

The owner of a care home, HC-One Limited, has been fined £1.8 million after an elderly lady died from choking. She had been left to eat alone despite requiring supervision for both eating and drinking.

Further information:

https://press.hse.gov.uk/2025/10/30/fine-for-care-home-company-after-failures-resulted-in-residents-death/

Case law: Lifting accident resulted in lost finger

A Norfolk marina company has been prosecuted after a man assisting with the lifting of a boat using a telehandler, caught his hand and amputated a finger.

A Norfolk marina company has been prosecuted after a man assisting with the lifting of a boat using a telehandler, caught his hand and amputated

a finger.

Further information:

https://press.hse.gov.uk/2025/10/06/marina-fined-after-worker-injured-during-boat-lift/

Case law: Gable wall collapsed during conversion works

A court has heard how a loft conversion in Windsor was badly managed, leading to structural failure of the gable wall into the house which was still occupied. Three construction workers were injured.

Jack Savva pleaded guilty to breaching Regulation 19(1) of the Construction (Design and Management) Regulations 2015. He was given a 13-month custodial sentence, suspended for two years and was ordered to pay £2,000 compensation to the home owner.

Further information:

https://press.hse.gov.uk/2025/09/29/builder-sentenced-after-house-collapse-injures-three-workers/

Case law: Back-office errors caused crane collapse

Mistakes when drawing up a method statement were a significant contributor to a tower crane collapse in Crewe, a Coroner has concluded. The document omitted the need for partial ballast whilst the crane was constructed and this led to it failing before it had been fully built. The supervisor on site also failed to follow the build plan and sequence of work which was a second factor.

Three men were killed in the accident in June 2017, when the Falcon Tower Crane collapsed, struck nearby homes. Fortunately no occupants of the houses were injured.

Further information:

https://www.bbc.co.uk/news/articles/cp98lm0p8gzo

Case law: Injured during heavy maintenance

Waste and recycling company, Blackpole Recycling Limited, has been fined £160,000 after a loading shovel bucket fell onto a maintenance worker leaving him with multiple fractures. The man had been fixing a hydraulic leak when the bucket fell.

In a second similar but unrelated case a man was crushed when a 1.5 tonne hydraulic arm dropped on to him. It was caused by hydraulic failure and a lack of an effective secondary safety device. After the accident the company introduced a safe system of work in which the arm was lowered during works on the ground, so that it wasn’t necessary to pass beneath it.

Bridgnorth Aluminium Limited was handed a fine of £300,000 and ordered to pay £8,301 in costs.

Further information:

https://press.hse.gov.uk/2025/10/02/worcester-waste-company-fined-after-worker-suffers-life-changing-crush-injuries/

https://press.hse.gov.uk/2025/10/20/aluminium-manufacturer-fined-300000-after-worker-crushed/

Case law: Fragile roof fall

Two companies have been fined after a man fell through a fragile rooflight whilst over cladding an asbestos roof. The worker got off lightly given the fall but nevertheless had a serious leg injury.

Further information:

https://press.hse.gov.uk/2025/10/15/two-companies-fined-after-worker-falls-through-fragile-rooflight/

Case law: Hand-arm vibration

A housing management firm, Nottingham City Homes Limited has been prosecuted and fined after ten employees were diagnosed with Hand-Arm Vibration Syndrome from the use of power tools. There were no risk assessment nor effective means to control exposure to hand-arm

vibration. The HSE also found that there was a lack of health surveillance and training.

Further information:

https://press.hse.gov.uk/2025/11/04/social-housing-management-firm-fined-for-failing-to-protect-workers/

Case law: £1 million fine for highways constructor

Marlborough Highways Limited has been fined £1 million in connection with a fatal reversing accident during road resurfacing works in London. Robert Morris was struck by a road sweeper due to working in the same area as the HGV without adequate separation measures. The driver of the vehicle was separately prosecuted for causing death by careless driving and was sentenced to a six-month custodial sentence, suspended

for two years, and disqualified from driving for one year.

Further information:

https://press.hse.gov.uk/2025/10/16/construction-company-fined-1m-following-death-of-employee/

Case law: No edge protection on domestic build

A Reading sole trader caused the death of a 69-year-old worker who fell whilst assisting him on a house extension. There was no access equipment or edge protection. He was handed a suspended prison sentence and a 200-hour community service order.

Further information:

https://press.hse.gov.uk/2025/10/16/builder-given-suspended-sentence-after-roof-worker-fell-to-his-death/

Case law: Small business allowed staff to sleep at a factory

The owner of a kitchen worktop manufacturing business, has been given a suspended prison sentence and ordered to complete 150 hours of unpaid work.

His premises lacked basic safety measures such as an adequate means of escape and alarm system, and workers were being allowed to sleep on a mezzanine floor.

Further information:

https://www.fia.uk.com/news/business-owner-fined-for-breaching-fire-safety-legislation.html

Case law: Care home fined for fire safety breaches

The owner of Morvern Care Centre has been fired for fire safety failings that were so serious that a prohibition notice was served and 45 residents had to be urgently relocated. Rajest Kumar Chechani was handed a suspended prison sentence, a £10,000 fine and was ordered to pay £33,000 in costs.

Further information:

https://www.fia.uk.com/news/lancashire-fire-and-rescue-service-successfully-prosecutes-care-home-operator-for-fire-safety-failures.html

Case law: Bar Owner fined £160,000 for fire trap

Hellfire Entertainment Ltd has been ordered to pay £177,000 for ignoring an enforcement notice issued by West Yorkshire Fire and Rescue Service which aimed to improve fire safety at a Huddersfield bar.

Officer found a lack of automatic fire detection; blocked fire exits and no fire separation between the open kitchen and the bar.

Further information:

https://www.bbc.co.uk/news/articles/c77z4g6y828o

Case law: Mistaken identity led supervisor to restart machine

Stonegrave Aggregates Limited has been fined £270,000 after an employee was injured in waste sorting machinery.

The company had a power isolation procedure which should have protected him, but the supervisor made a shortcut in the procedure which led

to the accident. He had seen a worker standing clear of the equipment who was dressed in similar clothing to the employee who was cleaning the machine. Assuming the line was clear he restarted the machine, causing multiple injuries to his colleague.

Further information:

https://press.hse.gov.uk/2025/10/28/waste-and-recycling-company-fined-after-worker-injured-cleaning-machinery/

Case law: Flashover caused by not following procedures

Natural Power Services Limited has been fined £80,000 after a worker was seriously injured by an electrical flashover. The accident at a wind farm happened due to the planned method of work not being followed. Had it been, then the adjacent panel to the one being worked on, would have been deenergised. The employer was criticised for not checking that its procedures were being followed.

The case shows the importance of auditing safety critical procedures.

Further information:

https://press.hse.gov.uk/2025/11/28/fine-for-company-after-man-seriously-injured-at-wind-farm/

Case law: Skylight fall

A roofing contractor has been fined £16,650 after an employee was seriously injured in a three-metre fall through a skylight opening. The company was removing skylights in order to recover the roof, and then replace the skylights. The employee in question was removing one, but fell through the hole left from another’s removal.

Further information:

https://press.hse.gov.uk/2025/11/25/roofing-company-fined-16650-after-employee-fell-through-skylight-opening/

Case law: Consultation on asbestos protection measures

Evidence is continuing to build, showing that the use of engineered stone for worktops is causing very serious lung conditions in trade persons and manufacturing employees.

Further information:

https://www.ioshmagazine.com/2025/10/31/urgent-need-eliminate-silicosis-engineered-stone-workers

Case law: Diabetic drivers

The DVLA has introduced changes to the rules for drivers with diabetes which allow truck, bus and coach drivers with diabetes to rely on Continuous Glucose Monitoring Systems (CGMS).

Case law: Arm mangled in machine

A conveyor systems manufacturer has been fined after an 18-year-old employee was using emery cloth at a moving machine, in order to deburr a surface. He was drawn into the machine and broke his arm. The practice of holding emery cloth in the hand whilst deburring is specifically banned in HSE guidance.

Further information:

https://press.hse.gov.uk/2025/11/24/manufacturer-fined-16000-after-18-year-old-breaks-arm-in-workplace-accident/

Case law: Brain injury from fall during loading

A manufacturer has been prosecuted over an accident in which a visiting driver fell and was seriously hurt whilst collecting goods. During the loading process, the driver was manually moving cages to and from the cage carrier. When one wheel of a cage became stuck, the cage fell and the driver stepped backwards, falling from the trailer.

The case illustrates how client companies are liable for their work activities even where a visitor is working alongside their own staff.

Further information:

https://press.hse.gov.uk/2025/11/21/manufacturing-company-fined-after-driver-suffers-life-changing-injuries-in-fall-from-hgv-trailer/

Case law: Solar panel fire risk

Fire and rescue services appear to be fighting approximately 200 fires per year involving solar panels. It’s a 60% increase over a two year period.

Further information:

https://qbeeurope.com/news-and-events/press-releases/uk-fire-services-tackle-a-solar-panel-fire-every-two-days/

Case law: Warning over stacking of three-legged pallets

A fatal accident investigation from the HSE concluded that a company had allowed a completely unsafe practice in permitting unstable pallets to be stacked one on top of the other. The mistake resulted in an employee being killed by a falling 600Kg pallet. The company was fined £600,000.

Further information:

https://press.hse.gov.uk/2025/11/17/manufacturing-company-fined-600k-after-fatal-workplace-incident/

Case law: Employee Had Lower Leg Amputated Following Accident

A manufacturer has been fined £200,000 after an employee’s leg was crushed by heavy metal sheets. The sheets were stacked on a trolley which toppled over, largely as it was unsuitable for the task or environment.

No risk assessment had been undertaken, nor a safe system of work developed, despite a similar incident having occurred a few years earlier.

Further information:

https://press.hse.gov.uk/2025/11/28/stove-manufacturer-fined-200000-after-employee-loses-leg /

Case law: Gutter replacement fall

A recent case illustrates how apparently low risk work at height can lead to serious injury in a fall. A small contractor in Staffordshire was prosecuted fell from a domestic garage roof during gutter replacement. The worker had not received proper equipment to do the job and the

method of work hadn’t taken into account specific risks on the job caused by an abutting building.

Further information:

https://press.hse.gov.uk/2025/11/17/home-improvement-company-fined-after-worker-sustains-life-changing-injuries-in-fall/

Case law: Safety adviser ignored

A manufacturer has been handed a higher fine than would otherwise be the case after it was found that safety advice it received from its internal advisor, had not been implemented.

Reflex Flexible Packaging Ltd was fined £277,500 fine after an employee died when he was trapped in moving machine parts.

Further information:

https://press.hse.gov.uk/2025/11/11/plastics-firm-fined-following-fatal-machinery-accident/

Case law: Colleagues drove seriously injured employee to hospital

Skyladder Construction Limited has been fined £33,500 in connection with a fatal fall on a roofing job. Following a late-night accident whilst an employee was helping to pull a tarpaulin over a roof, colleagues carried him back onto the roof and down a ladder before taking him in a van to hospital where he later died. He was found to have spine and skull fractures.

Further information:

https://press.hse.gov.uk/2025/11/10/construction-company-fined-33500-after-man-dies-following-fall-from-height/

September/October 2025 - Legal Update

Sun, 19 Oct 2025 17:38:30 GMT

News: Safety alert: Excavators

The HSE has issued a safety alert regarding the risk of inadvertent movement of excavators when controls are not isolated. The alert describes how people have been seriously hurt when the driver accidentally touched the joystick causing the digger arm to slew. Using the safety control lever prevents this type of accident.

Make all construction workers aware of this safety alert and use it to refresh workers knowledge on good practice when working close to plant.

Further information:

https://www.hse.gov.uk/safetybulletins/excavators-safety-control-lever-isolation-devices.htm

News: Fire door guidance

Official guidance has been issued by the government covering fire doors on flat entrances, when they are needed and what to check.

Further information:

https://www.gov.uk/government/publications/fire-safety-england-regulations-2022-fire-door-guidance/fire-safety-englandregulations-2022-fire-door-guidance

News: Asbestos training

This web page outlines the different levels of asbestos training that may be required depending on role and activities.

Further information:

https://www.hse.gov.uk/asbestos/training.htm

News: Easy-read guides

The HSE has published a number of “easy-read guides” aimed at those with disabilities and long-term health conditions.

Further information:

https://www.hse.gov.uk/disability/easy-read-support.htm

News: Safe use of concrete pumps

This updated guidance provides the minimum requirements for the operation of all types of concrete pumps, including trailer and track-mounted units and placing booms.

Further information:

https://cpa.uk.net/wp-content/uploads/2025/04/CPA-BCPG-Safe-Use-of-Concrete-Pumps-V3-July-2025.pdf

News: The noise gap

An HSE inspection campaign has identified disappointing standards in the use of hearing protection. Often hearing protection would be available to staff where it was needed, but there was a lack of instruction to ensure that it was used, stored and maintained. Employers also failed to ensure that emergency signals would be effective to those wearing hearing protection.

Further information:

https://press.hse.gov.uk/2025/09/10/serious-gaps-found-in-protecting-workers-from-excessive-noise

News: Paint spraying to be targeted by HSE

HSE inspectors will be visiting 1000 motor vehicle repair businesses across Great Britain, examining in particular how they prevent exposure to isocyanates found within spray paints. Inspectors will be checking on spray booth ventilation, respiratory protection, safe clearance procedures and health surveillance.

Further information:

https://press.hse.gov.uk/2025/09/24/hse-launches-workplace-safety-inspections-for-motor-vehicle-repair/

News: High-rise buildings: Mandatory occurrence notices and reports

This updated guidance is aimed at those responsible for the construction and management of “higher-risk buildings”. (Those over 7 storeys or 18 metres, with 2 or more residential units or used as a hospital or care home). There are a wide range of hazardous situations which must be reported to the Building Safety Regulator.

Further information:

https://www.gov.uk/guidance/submitting-mandatory-occurrence-notices-and-reports

News: Growing concern about large battery storage systems

The Fire Industry Association has published an article regarding the fire risk from battery storage systems.

Further information:

https://www.fia.uk.com/news/we-are-playing-with-fire-growing-concerns-over-battery-storage-safety.html

News: Batteries cause fires in waste collection

Battery-related fires in UK waste facilities and collection vehicles are at their highest incidence rate, with more than 1,200 incidents reported in 2023/24.

Further information:

https://www.letsrecycle.com/news/esa-battery-fires-reaching-epidemic-levels/

News: How vehicle security barriers may put crowds at risk

New guidance aimed at events venues helps managers to minimise unintended crowd management risks which can be caused by introducing vehicle protection barriers.

Further information:

https://www.npsa.gov.uk/resources/vehicle-security-barriers-event-venues-guidance

Case law: Waste firm fined after worker crushed by excavator

Farm XS (Northern) Limited, has been fined after a young employee was run over by an excavator and fractured both feet.

Photos:

Further information:

https://press.hse.gov.uk/2025/08/08/waste-firm-fined-after-worker-crushed-by-excavator/

Case law: Roofer fined for worker’s fall

Sole-trader Gary Smith from Dunstable has been fined a small amount after he organised flat roof repairs without installing edge protection. The breach became known when one of his workers suffered a fractured vertebrae and ankle in a fall.

Photos:

Further information:

https://press.hse.gov.uk/2025/08/05/sole-trader-fined-after-worker-suffered-serious-injuries/

Case law: Fire Officer was due an answer

A property company director has been charged after not responding to requests for information after a fire safety audit.

Further information:

https://www.fia.uk.com/news/worthing-property-firm-and-director-fined-for-fire-safety-breaches.html

Case law: Unsafe telescopic ladders

The HSE Product Safety and Market Surveillance Unit lists products on a database of dangerous items removed from the market:

Recent examples of products notified are:

TEEMZA 6.2M Telescopic Ladder sold via Amazon
ACROHOME 2.9M Telescopic Ladder sold via Amazon
Electric Belt Sander Power Supply (Model ZR-200Q)

Further information:

GOV.UK's product safety alerts, reports and recalls webpage.

Case law: Construction firm fined over poor asbestos control

The HSE has prosecuted a principal contractor after asbestos insulation board was removed without precautions at a former pub in Manchester. No survey had been undertaken, nor a controlled removal programme, before works took place.

Further information:

https://press.hse.gov.uk/2025/08/07/manchester-firm-fined-after-workers-exposed-to-asbestos-risks/

Case law: Wall collapsed onto employee

A court has heard how an employee was fatally crushed when a 1.8m high retaining wall collapsed due to aggregate being placed against it by builders working for H. Mealing & Sons Limited.

The company pleaded guilty to breaching Section 2(1), Health and Safety at Work etc. Act 1974 and was fined £56,775 plus costs of £44,000.

Photo:

Further information:

https://press.hse.gov.uk/2025/09/18/building-firm-fined-after-employee-killed-by-collapsing-wall-in-bath/

Case law: Cooperation with the fire service is compulsory

A recent case illustrates the penalties available to courts when a person has obstructed a fire safety officer in their duties. Geraldo Zilli, the owner of a manufacturing business, failed to respond to repeated requests for information which the Cambridgeshire Fire and Rescue Service (CFRS) needed so as to evaluate compliance with fire safety duties. Eventually the authority lost patience and took him to court for “failing to provide mandatory fire safety information”. He was fined £4700.

Further information:

https://www.thefpa.co.uk/news/refusal-to-give-fire-safety-information-leads-to-prosecution-

Case law: Fined for fire safety offences

A £62,000 fine has been handed to Miller Food and Wine Limited for breaches of the Regulatory Reform (Fire safety) Order 2005. The company faced a long list of charges including poor escape routes, a lack of a working fire alarm and allowing sleeping in a premises despite a prohibition notice.

Further information:

https://www.fia.uk.com/news/miller-food-and-wine-limited-fined-for-serious-fire-safety-failures.html

Case law: 5-year-old child injured by falling pipe

The HSE has prosecuted Sage Homes Limited and its director, Jason Scorey, after a heavy cast-iron pipe fell during work to extend a house. It struck and injured a 5-year-old child.

Further information:

https://press.hse.gov.uk/2025/09/17/construction-company-fined-after-child-injured-by-falling-cast-iron-soil-pipe/

Case law: Fatal Fall to Sign Fitter

A shop sign making and fitting company and its director have been fined after an employee fell from an unguarded scaffolding tower and later died from his injuries.

Further information:

https://press.hse.gov.uk/2025/09/24/sign-fitting-company-and-director-fined-after-fatal-fall-from-scaffolding/

Case law: Fork lift truck accident

A company working out of Ipswich docks, has been fined £30,000 after an employee was run over and dragged by a forklift causing serious injuries to his ankle. The young worker had been standing on a pallet alongside some bins, whilst the fork lift truck was moving. A strap got caught and pulled him off the pallet, where he was then run over.

Qube Containers Limited pleaded guilty to breaching Section 2(1), Health and Safety at Work etc Act 1974 and was fined £30,000 plus £3,752 in costs.

Further information:

https://press.hse.gov.uk/2025/09/16/company-fined-after-worker-run-over-by-forklift-truck/

June/July 2025 - Legal Update

Fri, 27 Jun 2025 18:06:57 GMT

News: Stress risk assessment

A free online learning tool has been published by HSE on the subject of stress risk assessment.

Further information:

https://press.hse.gov.uk/2025/05/12/hse-provides-free-online-learning-to-help-employers-tackle-work-related-stress/

N ews: Fire alarm zone plans

The Fire Industry Association has published an updated version of “Fire Detection and Alarm Zone Plans” guidance.

Further information:

https://www.fia.uk.com/news/updated-fia-guidance-fire-detection-and-alarm-zone-plans-now-aligned-with-bs-5839-1-2025.html

News: Priorities for local health and safety inspectors

The HSE provides direction to local authority inspectors on the issues they should be targeting for enforcement each year. For 2025/2026 these are the priority areas: Occupational Lung Disease; Legionella; Work related Stress; Violence and Aggression; Musculoskeletal Disorders; Noise; Animal-contact visitor attractions; Planned Preventive Maintenance; Inflatable amusement devices; Motorsport; Trampoline Parks; and licensable adventure activities.

Further information:

https://www.hse.gov.uk/lau/lacs/67-2.htm

News: How have commercial property fire alarm standards changed?

This free guidance note outlines key changes to the British Standard BS 5839-1: 2025 which is for fire alarms in non-domestic buidlings. The changes include: Clearer system categorisation; Updated rules for detector placement and types; Enhanced documentation and maintenance guidance; and a stronger focus on remote access and cyber security.

Further information:

https://www.fia.uk.com/news/fia-launches-bs-5839-1-2025-guidance-note.html

News: Poor Mental Health Becoming Endemic

The Work Foundation at Lancaster University has published a study which shows that young workers and those on low incomes have significantly poorer health relative to others in the workforce.

Further information:

https://www.personneltoday.com/hr/one-in-four-young-workers-rate-mental-health-as-poor/

News: Warehouse safety

The UK Material Handling Association has published a paper with advice on how to improve the safety of warehouse operations.

Further information:

https://nationalforkliftsafetyday.co.uk/wp-content/uploads/2025/06/UKMHA_WhitePaper_A4v_210x297_FINAL_HR-all.pdf

News: Gas-fire equipment safety

The British Compressed Gases Association has published two new guides:

requirements for selecting and assembling oxy-fuel gas equipment. https://bcga.co.uk/bcga-issue-revision-to-technical-information-sheet-29-2/
safe use of cylinders associated with mobile workshops. https://bcga.co.uk/publications/cp31-the-safe-use-of-cylinders-on-mobile-workshops-and-service-vehicles-revision-6-2025/

News: Fire during construction

Initial findings from investigations into the Station Hill fire in Reading in 2023, have concluded that hot work should be designed out of construction projects wherever feasible.

The fire in November 2023 hit the headlines when a crane operator rescued a worker from the flames.

Further information:

https://www.fia.uk.com/news/fire-safety-lessons-emerge-after-high-rise-blaze-in-reading.html

Case law: £3 million fine for baggage handling injuries

British Airways has been fined more than £3million in connection with injuries to two baggage handlers who fell from height in separate incidents.

Further information:

https://press.hse.gov.uk/2025/05/15/british-airways-fined-more-than-3million-following-worker-injuries-at-heathrow/

Case law: Fall through fragile roof

A cladding company and its director have been fined following the death of a worker in 2018, who fell through a fragile roof whilst replacing panels. The accident was caused by a lack of forward planning because the cherry picker provided for access could not reach the area, and the workers stepped out of it on to the roof, attempting to use loose boards to prevent falls.

Camclad Contractors Limited was fined £225,000 and its director was sentenced to a suspended prison sentence plus 200 hours unpaid work.

Further information:

https://press.hse.gov.uk/2025/04/30/fine-for-company-and-director-after-employee-dies-from-fall-through-roof/

Case law: Industrial gate fell during use

Stan Robinson Distribution Ltd has appeared in court over the serious injury of an employee who was crushed when the entry gate fell from its hinges. Staff had raised concerns about the 250 to 359Kgs over the course of several years.

Further information:

https://press.hse.gov.uk/2025/05/01/company-fined-after-worker-suffers-serious-injuries/

Case law: Restaurant fined for fire offences

The Swan Brasserie Limited, West Malling, has been fined £30,000 following serious fire safety breaches.

Further information:

https://www.fia.uk.com/news/west-malling-business-fined-for-fire-safety-failures.html

Case law: Walker struck by falling tree branch

Bishop Bewick Catholic Education Trust and its gardening contractor have been prosecuted after poorly controlled tree works resulted in a member of the public being injured. It was found that the contractor was unqualified in arboriculture and chainsaw work, and the Trust had not checked. To make matters worse, the job was allowed to continue after the accident, with few extra precautions.

Further information:

https://press.hse.gov.uk/2025/05/07/school-trust-fined-after-member-of-public-hit-by-falling-tree-branch/

Case law: £500,000 fine for fatality

A court has heard how workers regularly walked on a raised conveyor system, without management challenging the practice. Eventually, one fell and was killed, whilst he was attempting to clear a blockage. The direct cause of the fall was that the machine activated, but the root causes were a lack of safe systems of work and training for maintenance, and a lack of safety precautions to prevent falls.

In court, East Riding Sacks Ltd pleaded guilty to breaching Section 2(1), Health and Safety at Work etc. Act 1974. The company was fined £533,000 and ordered to pay £6,066 in costs.

Further information:

https://press.hse.gov.uk/2025/05/06/firm-fined-more-than-500000-after-shift-worker-fell-to-his-death/

Case law: Construction site fall

A recent case followed the death of a construction worker who had fallen from roof trusses during construction of a house. No physical fall prevention or mitigation measures had been put in place.

James Pitsillides pleaded guilty to breaching Section 37, Health and Safety at Work etc. Act 1974, and was handed a 20-week prison sentence, suspended for two years. He was also ordered to complete 200 hours of unpaid work and pay costs of £10,000.

Further information:

https://press.hse.gov.uk/2025/05/07/construction-boss-avoids-jail-after-worker-died-during-house-extension/

Case law: Internal fall on construction site

A roofing company has been prosecuted after a worker fell through a hole which had been left for a velux window and suffered multiple fractures. There was a scaffold to prevent falls from the roof perimeter but no measures had been taken to prevent internal falls.

Further information:

https://press.hse.gov.uk/2025/05/19/two-companies-fined-after-worker-injured-in-fall-from-height/

Case law: HSE prosecuting dusty businesses

Two recent cases were prosecuted as a result of dangerous levels of dust within manufacturing businesses. In both cases, dust was found to be coating the floor and other surfaces, despite previous interventions from the HSE.

Further information:

https://press.hse.gov.uk/2025/05/19/wood-supplier-hit-with-40000-for-failing-to-protect-workers-from-dust/

Case law: Hand-arm Vibration Syndrome (HAVS)

A motor vehicle repair company has been fined after it was prosecuted for two cases of HAVS. The staff had regularly used hand tools for body-work repairs such as random-orbital sanders and reciprocating saws.

Rowes Garage Ltd had not introduced measures to monitor, control or reduce the risk from vibration exposure. It was fined £204,000 and ordered to pay £8,099 in costs.

Further information:

https://press.hse.gov.uk/2025/05/08/car-dealership-fined-after-employees-exposed-to-risks-from-vibrating-tools/

Case law: Mitre saw cut off thumb and fingers

Reaseheath College in Cheshire has been fined after a Horticulture student severed a thumb and two fingers when trying to cut along the length of a piece of wood which twisted and pulled him into a mitre saw.

Further information:

https://press.hse.gov.uk/2025/06/04/cheshire-college-fined-after-students-fingers-severed/

Case law: £800,000 for construction site stairwell fall

Taylor Wimpey has pleaded guilty to breaching section 3(1), Health and Safety at Work etc. Act 1974, and been fined £800,000 after a 17-year-old apprentice fell through a stairwell covering. Concrete blocks had been stacked on timber sheet materials laid over joists, when the material collapsed. The joists had not been back-propped, as required by the firm’s own procedures.

Further information:

https://press.hse.gov.uk/2025/06/12/taylor-wimpey-fined-800000-after-teen-apprentice-injured-on-site/

Case law: Asbestos contaminated school hall

A refurbishment project supervisor has been personally fined after not following his own training and ignoring warnings not to disturb a wall until it had been tested for asbestos. Adrian Barraclough cut through asbestos insulating board using a circular saw, causing asbestos fibres to spread throughout the school hall, which was subsequently used for two days by pupils and staff. He was charged under Section 7(a), Health and Safety at Work etc. Act 1974, was fined £1,800 and ordered to pay £4,000 in costs.

Further information:

https://press.hse.gov.uk/2025/06/13/site-supervisor-fined-after-exposing-school-pupils-to-asbestos/

Case law: Roof dismantling went wrong

Lawrie (Demolition) Limited has been fined after a worker fell six metres through a roof opening during a demolition project, suffering serious injuries. Sheets of aluminium industrial roofing were being posted through a hole to the floor below, but the fencing was inadequate and when a worker fell onto it, it gave way.

In court the company pleaded guilty to breaching Regulation 4, Work at Height Regulations 2005 and was fined more than £40,000.

Further information:

https://press.hse.gov.uk/2025/06/12/demolition-firm-fined-after-worker-seriously-injured-in-fall-from-height/

Case law: £300,000 fine for maintenance injury

ADM Milling Limited has been fined £300,000 after an engineer lost his little finger when an 800Kg machine fell onto him. The HSE said that the accident was rooted in a lack of risk assessment.

Further information:

https://press.hse.gov.uk/2025/06/04/fine-for-flour-mill-after-workers-severs-finger/

Case law: Collapse during new build construction

A London construction company has been fined £50,000 after the first floor of a house collapsed during building works. injuring four workers. The incident was caused by a poorly thought out method of work which removed structural stability when a steel beam was being cut.

Aryn Stones Ltd was found guilty of breaching Regulation 19(1), Construction (Design and Management) Regulations 2015. It was fined £50,000 and was ordered to pay £39,000 in costs following a two-day trial.

Further information:

https://press.hse.gov.uk/2025/06/20/building-firm-fined-after-house-collapse-injures-four/

Case law: Corporate manslaughter charges

Higgins Homes Plc is accused of corporate manslaughter and four individuals have been charged with gross negligence manslaughter in connection with the death of mother who was on the public pavement. She was killed by a pallet of bricks, dropped from a crane.

Further information:

https://www.bbc.co.uk/news/articles/c87j773n88vo

April/May 2025 - Legal Update

Sun, 18 May 2025 15:34:58 GMT

News: Advice on fire alarm zone plans

Fire alarm zone plans aid interpretation of information on fire alarm panels and are especially vital in an emergency. The FIA has released a new Technical Bulletin on the subject.

Further information:

https://www.fia.uk.com/news/new-technical-bulletin-released-to-support-compliant-fire-alarm-zone-plans.html

News: Customers were gassed by pool chemicals

A Derbyshire Health Club has received enforcement notices after there was a chemical leak.

Further information:

https://www.bbc.co.uk/news/articles/cr522g4y06vo

News: Government plans to reduce red tape

There will be a review of some health and safety legislation including regulations for pressure systems, gas safety and incident reporting.

Further information:

https://www.gov.uk/government/publications/a-new-approach-to-ensure-regulators-and-regulation-support-growth/new-approach-to-ensure-regulators-and-regulation-support-growth-html

News: Laser safety

The UK Health Security Agency has issued advice on safety with lasers.

Further information:

https://www.gov.uk/government/publications/laser-radiation-safety-advice/laser-radiation-safety-advice

News: Evacuation of high-rise residential buildings

Research has been published which will help professionals when evaluating the evacuation performance of high-rise residential buildings.

Further information:

https://www.gov.uk/government/publications/means-of-escape-in-residential-buildings-research

News: Suction and vacuum excavators

The Construction Plant-hire Association publishes guidance which is an essential read for those using specialist construction machinery. This latest guide for suction and vacuum excavators includes detail on the risk from contaminated land, daily and weekly checks, procedures for working at height and the transporting of wastes.

Further information:

https://www.cpa.uk.net/safety-and-technical-publications/suction-vacuum-excavator-guidance

News: Working in reduced oxygen atmospheres

The British Compressed Gases Association has revised its technical information sheet for installers and premises owners where reduced oxygen atmospheres are operated.

Further information:

https://bcga.co.uk/bcga-issue-revision-to-technical-information-sheet-30/

News: Lead exposure

A government report has been published, “Exposure to lead in Great Britain 2023 to 2024” outlining the results of medical surveillance of blood- lead levels in British workers 2023 to 2024. Those most at risk appear to be painters and decorators.

Further information:

https://www.hse.gov.uk/statistics/causdis/lead/index.htm

News: Long-COVID

New publications describe how to support workers affected by Long COVID.

Further information:

https://osha.europa.eu/en/highlights/long-covid-rehabilitation-and-practical-workplace-support

News: Updated standard for fire alarms

The updated edition of BS 5839-1:2025 – Fire detection and fire alarm systems for buildings. Part 1: Design, installation, commissioning and maintenance of systems in non-domestic premises – Code of practice – is now available.

Further information:

https://www.fia.uk.com/static/cce3324f-f6b5-4eb2-81f44c19b542ee69/Technical-Bulletin-Fitting-Third-Party-Equipment-Inside- a-CIE.pdf

News: Installing third party equipment in fire control panels

Connecting equipment to fire panels is fraught with difficulty. If you are needing to do so, e.g. connecting automatic shut offs, connecting automatic doors etc, this technical bulletin, “Fitting Third-Party Equipment Inside Control and Indicating Equipment”, may assist.

Further information:

https://www.fia.uk.com/static/cce3324f-f6b5-4eb2-81f44c19b542ee69/Technical-Bulletin-Fitting-Third-Party-Equipment-Inside- a-CIE.pdf

Case law: Fall through fragile materials

A company and its operations manager have appeared in court after a man was killed in a fall through a fragile structure. The accident occurred when dismantling work was being undertaken at the factory in Dudley.

Surface Technik (Old Hill) Limited, which is now in liquidation, was found guilty and fined £90,000. Its director, Robert Hammond pleaded guilty to a charge under Section 7, Health and Safety at Work etc. Act 1974 and was fined £8500 plus costs of £8500.

https://press.hse.gov.uk/2025/03/21/fines-for-company-and-operations-manager-after-death-from-20-foot-fall/

Case law: Carbon monoxide incident

East Dunbartonshire Council has been fined in connection with a carbon monoxide leak at a primary school caused by a lack of boiler maintenance. A number of staff and pupils were ill with nausea and headaches as a result of the leak.

Further information:

https://press.hse.gov.uk/2025/03/20/council-fined-following-carbon-monoxide-leak-at-primary-school/

Case law: Cornish holiday agency put guests at risk of fire

Gill (St Ives) Holiday Enterprises has been prosecuted over its poor standard of fire safety at an apartment block.

Further information:

https://www.fia.uk.com/news/cornish-holiday-letting-agency-pleads-guilty-to-fire-safety-breaches.html

Case law: Apartment block was occupied before it was signed off

A company director has pleaded guilty to five fire safety offences after allowing residents to move into a seven-storey block before the escape routes, the corridor and stairs, were signed off as fire safety compliant. He was sentenced to six months imprisonment, suspended for 12 months, and 150 hours of unpaid community work, and fined £1,000.

Further information:

https://www.fsmatters.com/Company-director-prosecuted-for-FSO-breaches

Case law: Engineers legs were trapped

A company which sends engineers to repair hydraulic machinery has been fined £96,333 in connection with an accident which led to an engineer losing a leg. The man was working for Pearson Hydraulics Ltd when the cutting bed of a machine, dropped, trapping his legs. The firm hadn’t ensured the work had a risk assessment, there were no safe systems of work, and the engineer lacked training in laser cutting machine hydraulics.

Further information:

https://press.hse.gov.uk/2025/03/13/hydraulics-company-fined-after-workers-legs-trapped-in-machine/

Case law: Worker lost arm whilst clearing blockage

A company has been fined £566,000 for an accident in which an employee’s lower arm was severed in a conveyor belt. The conveyor was prone to blockages which needed to be cleared manually but there was a lack of safe procedures, inspections and training. AB Agri Limited pleaded guilty to breaching Section 2(1), Health and Safety at Work etc. Act 1974.

Further information:

https://press.hse.gov.uk/2025/03/05/animal-feed-manufacturer-fined-after-employees-arm-severed/

Case law: Workers left to climb scaffold bars

A recent prosecution of an access equipment company came about because it set up a scaffold tower without an access ladder. The case was taken after a fatal accident although the HSE did not link the deficiencies observed, with the man’s death.

Further information:

https://press.hse.gov.uk/2025/03/07/company-fined-for-unsafe-scaffolding/

Case law: Builder fined for unsafe excavation

Greenlife Property Developments Ltd, Gwent, has been prosecuted for its unsafe management of excavation works after it ignored enforcement notices. Workers had dug a two-and-a-half metre deep excavation without measures to prevent collapse. Work continued after the HSE issued a prohibition notice, and Director, Craig Lewis, lied to the authority about the action taken.

Other issues were raised in court including a lack of security for the site, no risk assessment and no safe systems of work. In court the firm was found guilty of safety offences and fined £40,000 plus costs of £5812.

Further information:

https://press.hse.gov.uk/2025/03/03/construction-firm-fined-as-hse-inspection-identifies-catalogue-of-failures/

Case law: London developer fined

Nofax Enterprises Limited has been fined £63,000 after four HSE visits in 13 months, and a lack of effective action to raise safety standards. Some of the issues were: multiple fall from height risks, fire safety concerns, and construction dust hazards.

Further information:

https://press.hse.gov.uk/2025/03/18/property-developer-fined-for-multiple-construction-site-failures/

Case law: Fragile roof fall

A self-employed builder must complete 200 hours unpaid work after a man fell more than 13 feet through a barn roof in Lancashire.

Further information:

https://press.hse.gov.uk/2025/04/01/community-order-for-builder-after-man-fell-through-barn-roof/

Case law: Electrocuted whilst working near overhead lines

A man working below 11kV electricity transmission power lines was killed when he came into contact with the lines from a cherry picker. His boss had not asked for a power outage for the work, despite there being evidence that he knew of the risk.

Further information:

https://www.hseni.gov.uk/news/employer-fined-following-death-employee-2021

Case law: Scissor lift fall

Bury Metropolitan Borough Council has been fined £200,000 after an employee was injured while installing a Christmas tree. The scissor lift he was operating fell over with him still in the basket. He had no training in how to use a scissor lift.

Further information:

https://press.hse.gov.uk/2025/04/02/council-fined-after-man-falls-while-installing-towns-christmas-tree/

Case law: Cross-cut saw accident

A window manufacturer has been fined £100,000 after a teenage worker had two fingers severed by a cross-cut saw. There were various problems with the machine as well as wet materials which slipped out of the 19-year-old worker’s hand.

There was no suitable and sufficient risk assessment of the cross-cut saw, the nose guard was not adjusted so as to minimise the amount of blade exposed, and the materials should have been dried before cutting.

Further information:

https://press.hse.gov.uk/2025/04/28/window-manufacturing-company-fined-after-worker-seriously-injures-hand/

Case law:

A company and its director have been fined £18,000 after three men were struck by falling material in an excavation and one had to be dug out.

JHE Construction and Jordan Hay-Ellis pleaded guilty to breaching Regulation 22(1), the Construction (Design and Management) Regulations 2015. The company was fined £16,000 and ordered to pay £2,612 in costs, whilst Jordan Hay-Ellie was fined £2,000 and ordered to pay £1,000 costs.

Further information:

https://press.hse.gov.uk/2025/03/24/fines-for-company-and-director-after-man-injured-during-excavation-work/

Case law: Crushed by falling pallet loads

A court has heard how a kitchen fitter was fatally crushed on a construction site a when two stacks of concrete blocks fell on top of him. It was found that there were many unsafe aspects to the storage of materials at the site managed by Piper Homes Construction Limited. The storage area was uneven and pallets were in poor condition. There was also a criticism that pedestrians were allowed in the storage area.

In court the company pleaded guilty to breaching Regulation 13(1), The Construction (Design and Management) Regulations 2015 and was fined £300,000.

Further information:

https://press.hse.gov.uk/2025/04/29/company-fined-after-death-of-man-whose-life-was-unjustly-cut-short/

February/March 2025 - Legal Update

Thu, 27 Mar 2025 11:40:11 GMT

News: Government accepts Grenfell inquiry recommendations

The UK government has accepted all recommendations from the Grenfell Tower Inquiry with strict new building safety measures.

Further information:

https://www.fia.uk.com/news/government-responds-to-grenfell-inquiry-with-strict-new-building-safety-measures.html

News: Awaab’s law

Awaab’s Law will come into force from October 2025, placing tougher duties on social landlords regarding dangerous damp and mould. This will be introduced via an amendment to schedule 1 to the Housing Health and Safety Rating System (England) Regulations 2005.

Further information:

https://www.gov.uk/government/news/awaabs-law-to-force-landlords-to-fix-dangerous-homes

News: Waste fire extinguishers used for training

The Government has outlined the rules for using waste fire extinguishers for training purposes.

Further information:

https://www.gov.uk/government/publications/using-waste-fire-extinguishers-for-training-rps-221/using-waste-fire- extinguishers-for-training-rps-221

News: Lithium-Ion battery fires

Fires caused by overheating lithium-ion batteries have emerged as a major concern in recent years. There are two new papers on the subject this month. One from the Collaborative Reporting for Safer Structures (CROSS) written from the perspective of building protection. The other is research from a product safety perspective looking at e-bikes and scooters.

Further information:

https://www.cross-safety.org/sites/default/files/2025-02/cross_topic_paper_fire_safety_concerns_with_lithium- ion_batteries.pdf

https://www.gov.uk/government/publications/personal-light-electric-vehicle-plev-battery-safety-research

News: Violence in the workplace

Statistics have been published on the topic of violence at work in England and Wales. In the year 2023/24 1.1% of workers suffered work-related violence, with 35% of cases resulting in physical injury. Protective service occupations, health and social care were highest risk.

Further information:

https://www.hse.gov.uk/statistics/causinj/violence/index.htm

News: Mirror tipped over onto child

An inquest into the death of a five-year-old boy has concluded the 80Kg mirror falling onto him was an accident. The accident at the Fenwick store in Colchester may yet lead to criminal charges.

Further information:

https://www.bbc.co.uk/news/articles/c4g3x5yw4glo

News: Battery energy storage systems

The HSE has published a new web page with details of safety, environmental and planning responsibilities for battery energy storage systems.

Further information:

https://www.hse.gov.uk/electricity/battery-energy-storage-systems.htm

News: CITB shake-up

An independent review has called for a ‘fundamental reset’ of the CITB. It includes recommendations to focus on the whole workforce rather than new entrants and to change the levy-grant system. The government wishes to see a merger of both Construction and Engineering Construction bodies, and a ‘ruthless focus’ on key priorities such as growing resilience and targeting skills gaps.

Further information:

https://assets.publishing.service.gov.uk/media/679a01811c041dcc469daea0/2023_ITB_Review_Government_Response_Jan

25.pdf

News: Correct fitting of respirators

Those using tight-fitting masks will benefit from viewing this video from the HSE which covers the importance of a good seal to the face and the implications of failing to achieve it.

Further information:

https:// www.hse.gov.uk/respiratory-protective-equipment/fit-testing-basics.htm#video-ffred

News: Stone worktop installation

The HSE has published some simplified guidance on the subject of stone dust and the risk to stone worktop installers.

Further information:

https://press.hse.gov.uk/2025/01/07/new-simplified-advice-for-installers-of-stone-worktops/

News: Fire safety in flats

Updated guidance has been published on the subject of fire safety within small blocks of flats.

Further information:

https://www.gov.uk/government/publications/making-your-small-block-of-flats-safe-from-fire/a-guide-to-making-your-small- block-of-flats-safe-from-fire-accessible

News: Concern over Large Panel Systems

The latest safety scare regarding tall buildings relates to the structural safety of tower blocks constructed using Large Panel Systems (LPS).

Further information:

https://www.bbc.co.uk/news/articles/c74elw4enl7o

Case law: Skip Hire firm fined

A Sheffield skip hire company, and its director have each been found guilty of safety offences due to poor standards, unsafe work on the street, and a lack of compulsory insurance.

Photos:

Further information:

https://press.hse.gov.uk/2025/02/06/roofer-given-suspended-sentence-after-man-falls-from-scaffold/

Case law: Prosecuted for fire risk at care home

Supported living care provider, Potensial Limited, has been prosecuted for fire safety offences after a fire which killed a resident. The arson incident and its investigation exposed weaknesses in the escape routes, fire alarm system and management arrangements.

In court the company pleaded guilty to failing to comply with the Regulatory Reform (Fire Safety) Order 2005 was fined £135,000 plus costs of £18,705.

Further information:

https://www.lancsfirerescue.org.uk/news-and-events/lfrs-prosecutes-supported-living-care-provider-for-fire-safety-breaches

Case law: Crushed during lifting operation

Midland Steel Traders Ltd has been fined £100,000 in connection with an accident in which a man was crushed during a complex lift involving a forklift truck and overhead gantry crane.

Further information:

https://press.hse.gov.uk/2025/02/25/cctv-captures-moment-welder-crushed-at-sunderland-shipyard/

Case law: Travis Perkins fined £2 Million

A court has heard how timber being transported on a Travis Perkins lorry fell and pierced the windscreen of a car, killing the driver. The accident in 2020 was caused by poor securing of the load, which was in turn linked to a lack of supervision and training.

Further information:

https://www.standard.co.uk/news/crime/travis-perkins-richard-heller-east-sussex-bmw-hove-crown-court-b1206760.html

Case law: £1 million fine for fall and machine entanglement

West Fraser (Europe) Ltd, formerly known as Norbord has pleaded guilty to charges as a premises owner. These related to a manufacturing plant in Cowie where a scaffolder fell through a rusted gantry and in a separate incident a worker’s leg was entangled in machinery.

Further information:

https://press.hse.gov.uk/2025/02/17/wood-company-fined-more-than-1million-after-two-workers-injured/

Case law: Tractor tyre exploded

A partnership has been fined £80,000 in connection with the death of a worker killed when a high-pressure tyre burst during inflation. No safety cage was in use.

Further information:

https://press.hse.gov.uk/2025/02/04/farm-partnership-fined-after-man-with-heart-of-gold-killed-by-exploding-tyre/

Case law: Fall caused by carrying materials down a ladder

A roofer who was taking slates by hand down a ladder, fell, suffering back, skull and rib fractures in a fall. The sole trader who was responsible for the site, Daniel Hooper, pleaded guilty to breaching Regulation 4(1), Work at Height Regulations 2005. He was given a suspended jail sentence and community service.

Further information:

https://press.hse.gov.uk/2025/02/06/roofer-given-suspended-sentence-after-man-falls-from-scaffold/

Photos:

Further information:

https://press.hse.gov.uk/2025/02/06/roofer-given-suspended-sentence-after-man-falls-from-scaffold/

Case law: Wall collapse killed two

A recent case resulted in a groundworks firm being fined £50,000 over safety failings that led to two workers being crushed to death in a wall collapse. The accident was caused by digging a trench without temporary supports to shore up the wall.

In court, Fernbrooke Scotland LLP admitted omitting to check the condition of the wall, and particularly its foundations, prior to starting the renovation.

Further information:

https://www.bbc.co.uk/news/articles/c5y2dvxg7q4o

Case law: Machinery accidents land bakery in court

David Wood Baking Ltd has been prosecuted following three serious accidents in six months, involving machines. The prosecution focussed on guarding failures, training, monitoring and responding to defects. It was fined more than half a million pounds.

Further information:

https://press.hse.gov.uk/2024/12/19/food-manufacturer-fined-following-machinery-incidents/

Case law: MOT station crush

A 14-year-old boy was crushed whilst observing a brake test at New Auto Tech Limited, a court has heard. The London based company had provided a designated viewing seat, though this in itself was inadequate as it lacked barriers. But then the boy moved from the seat, when the vehicle was accidentally driven into him. The firm was fined £10,000 and ordered to pay costs of £6,810.

Photos:

Further information:

https://press.hse.gov.uk/2025/01/10/fine-for-mot-testing-centre-after-child-crushed-by-car/

Case law: Stone slabs tipped from stillage

A manufacturer of stone products has been prosecuted after three slabs fell from a stillage crushing one worker.

Further information:

https://press.hse.gov.uk/2025/01/23/manufacturing-firm-fined-after-workers-struck-by-stone-slabs/

Case law: Public had access to waste compactor chamber and controls

A company has been fined £100,000 after it placed three waste compactors in a dangerous condition, at a location for the public to use. There was also no staff training and no safe system of work for clearing blockages.

In court the firm was fined £100,000 and ordered to pay costs of £10,077.

Photos:

Further information:

https://press.hse.gov.uk/2025/01/28/company-fined-for-failures-at-waste-and-recycling-centre/

Case law: Wood dust was out of control

A window and door manufacturer has appeared in court after three HSE inspections in 12 years did not show it in a good light. The HSE identified the following concerns with wood dust controls:

inadequate local exhaust ventilation (LEV) and a failure to have its LEV thoroughly examined and tested within the preceding 14 months;
failure to have employees face fit tested for their RPE;
common dry sweeping of wood dust;
using compressed air lines for clearing of wood dust from machines;
using incorrect L class vacuums; and
failure to have employees who were exposed to wood dust under health surveillance.

Further information:

https://press.hse.gov.uk/2025/01/16/repeated-wood-dust-failures-lands-company-with-fine/

Photos:

January 2025 - Legal Update

Sun, 09 Feb 2025 16:21:54 GMT

News: HSE examining asbestos controls in public buildings

The HSE will undertaking an inspection campaign of public buildings such as libraries and leisure centres, to ensure that local authorities are effectively managing asbestos. This builds on previous work which examined the management of asbestos within schools and hospitals.

Further information:

https://press.hse.gov.uk/2024/12/04/councils-asbestos-management-to-be-assessed-during-inspection-campaign/

News: Classification, labelling and packaging of chemicals

On 10 December 2024, the updated Classification, Labelling and Packaging (CLP) regulation came into force. This primarily affects manufacturers, suppliers and importers.

Further information:

https://echa.europa.eu/-/revised-rules-for-classification-labelling-and-packaging-enter-into-force

News: Nitrogen

The BCGA has published an updated version of its Code of Practice on the storage of liquid Nitrogen in Dewers.

Further information:

https://bcga.co.uk/bcga-issue-revision-to-code-of-practice-30/

News: Gas cylinder safety

The BCGA has provided free updated guidance of relevance to all those involved in the use and management of gas cylinders used singly with their own regulator.

Further information:

https://bcga.co.uk/bcga-issue-revision-to-code-of-practice-47/

News: Fire safety in residential buildings

The BSi has now released an updated version of BS 9991 – its fire safety standard for residential buildings. The changes bring residential care homes within scope and include revised guidance for sprinklers, single-stair buildings, ancillary areas, kitchens and external wall systems.

Further information:

https://knowledge.bsigroup.com/articles/bs-9991-a-comprehensive-update-to-the-uks-essential-fire-safety-standard

News: High-rise guides updated

The government has updated documents which help duty holders implement the new building safety requirements for high-rise buildings:

https://www.gov.uk/guidance/preparing-a-safety-case-report

https://www.gov.uk/guidance/preparing-a-resident-engagement-strategy

https://www.gov.uk/guidance/operating-a-mandatory-occurrence-reporting-s ystem

News: Lead in ammunition – proposed restrictions

The HSE has set out proposals to restrict the supply and certain outdoor uses of lead ammunition in Great Britain. The use of lead shot for live quarry shooting and target shooting is likely to be prohibited, whilst use in competitive sport may be exempt.

Further information:

https://press.hse.gov.uk/2024/12/13/statement-on-hse-proposals-to-restrict-use-of-lead-ammunition-in-great-britain/

News: Lithium-Ion battery rules

The government has introduced new statutory guidelines for businesses involved in the production and distribution of lithium-ion batteries for e- bikes.

Further information:

https://www.gov.uk/guidance/statutory-guidelines-on-lithium-ion-battery-safety-for-e-bikes

News: Common weaknesses in asbestos removal works

Recent research examined the work practices and exposure control measures implemented by eight licensed asbestos removal contractors. The report contains advice for such works.

Further information:

https://www.hse.gov.uk/Research/rrhtm/rr1217.htm

Case law: Labourer killed when chipping off dried concrete

BAM Nuttall Limited has appeared in court after a labourer died on a Shetland construction site. The man had been chip off dried concrete adhering to a vertical skip when the skip’s bale arm fell on to him. He was found trapped beneath the equipment.

BAM Nuttall was fined £800,000.

Photos:

Further information:

https://press.hse.gov.uk/2024/12/18/company-fined-after-worker-full-of-hopes-and-dreams-dies-at-wind-farm-construction- site/

Case law: Common weaknesses in asbestos removal works

Recent research examined the work practices and exposure control measures implemented by eight licensed asbestos removal contractors. The report contains advice for such works.

Further information:

https://www.hse.gov.uk/Research/rrhtm/rr1217.htm

Case law: John Lewis fined £1.2 million

A large fine handed to John Lewis followed an accident in which an agency worker fell from steps crossing a warehouse’s conveyor system. The steps had no hand rail and restricted head room, contributing to the fall in which the worker broke his hip.

Further information:

https://www.ioshmagazine.com/2024/12/05/retailer-john-lewis-fined-ps12-million-after-agency-worker-fell-down-warehouse- steps

Case law: Forklift truck accident

London Gates and Railings Ltd has been fined £40,000 after an employee’s leg was crushed in a fork lift truck (FLT) accident. He had been steadying a load by hand when he was run down.

The operator of the FLT was untrained – and there were no controls to prevent untrained and unauthorised persons from driving the machines. There was no risk assessment nor safe systems of work for activities such as lorry loading and there were inadequate measures to segregate pedestrians from moving vehicles.

Further information:

https://press.hse.gov.uk/2024/12/10/metal-firm-fined-after-injured-worker-loses-leg/

Case law: £330,000 for emery cloth fatality

Maynard and Harris Plastics is the latest company to be prosecuted over the well publicised unsafe practice of hand held use of emery cloth. In this case an employee’s sleeve was drawn into rotating parts after he was initially pulled in by the emery cloth he was using to debur a work piece. He suffered fatal head injuries.

Further information:

https://press.hse.gov.uk/2024/12/05/plastic-manufacturing-company-fined-after-death-of-young-dad/

Case law: Fire and rescue service’s (FRS) mistakes mean it must pay

In an unusual case reported by the Fire Industry Association, a fire door installer has not only fended off a prosecution but also been awarded its legal costs. It appears that the original case was based on a flawed inspection by the FRS, with a robust defence mounted when the company ensured that a full inspection vindicated its workmanship.

Further information:

https://www.fia.uk.com/news/costs-awarded-against-fire-and-rescue-service-for-flawed-prosecution-case.html

Case law: Golf ball diver killed

A company involved in the recovery of golf balls from a lake has been prosecuted over the death of a diver.

Further information:

https://www.hseni.gov.uk/news/company-and-director-fined-following-death-during-diving-activity

Case law: Simple fencing job caused release of two million kilogrammes of gas

A company and a sole trader contractor have been fined a total of £27,000 for the striking of an underground gas main during fencing work. The subsequent gas cloud was so dangerous that a village had to be evacuated.

The client, Belper Skip Hire Limited knew of the gas main’s location, but failed to take action to ensure that no ground penetrating works were carried out nearby. Contractor Elliott Kirk was also prosecuted (under Regulation 16(2) of the Construction (Design and Management) Regulations 2015) for failing to follow safe digging practices.

Further information:

https://press.hse.gov.uk/2024/12/02/company-and-contractor-sentenced-as-failures-led-to-evacuation-in-village/

Case law: Half measures for vibration management

Rotherham Metropolitan Borough Council has been prosecuted over its inadequate management of hand-arm vibration risks. The Council appeared to have the main requirements in place such as vibration risk assessments, usage records and health surveillance, however, flawed implementation of its management system left road workers suffering with the syndrome. Its errors led to underestimation of vibration exposure and a lack of action when the employer was advised to remove certain employees from the tools.

In court it was fined £60,000 and ordered to pay costs of £5,775.

Further information:

https://press.hse.gov.uk/2024/12/17/council-fined-after-employees-exposed-to-risks-from-vibrating-tools/

Case law: Heavy machine tipped over during move

Metal fabricating company, Partwell Special Steels Limited, has appeared in court over a fatal accident and fined £80,000. The accident occurred when two employees were moving a large cutting press using jacks and skates. Unfortunately, it fell as one of the jacks was being lowered and crushed one of the employees.

There was no risk assessment for the task, a lack of relevant training and no safe system of work. The skates used were unsuitable for the job and this would have been evident if a risk assessment had been undertaken.

Further information:

https://press.hse.gov.uk/2024/12/16/engineering-company-fined-after-caring-and-loving-man-killed/

Case law: Additional needs of student were not managed

A school academy trust has been fined £300,000 following a fatal accident in which a vulnerable student choked on paper towel. Owen Garnett suffered with Pica – a compulsion to eat things which have no nutritional value. Despite knowing this, and a related near miss a few days before the accident, staff were untrained in these risks.

Further information:

https://press.hse.gov.uk/2024/12/18/school-academy-trust-fined-300000-after-student-death/

Case law: £500,000 fine for burns

Diageo has been heavily fined after an employee sustained 30% burns when he was covered in scalding liquid when he was undertaking pump repairs.

Further information:

https://press.hse.gov.uk/2024/12/18/drinks-giant-fined-after-worker-sustains-serious-burns/

November/December 2024 - Legal Update

Fri, 20 Dec 2024 13:24:08 GMT

News: Labelling of EU chemicals

The CLP regulation, which deals with product labelling and other safety measures, had been updated.

Further information:

https://www.consilium.europa.eu/en/press/press-releases/2024/10/14/chemicals-council-adopts-regulation-on-classification- labelling-and-packaging/

News: Security awareness training is a requirement for dangerous goods transporters

Those involved in transporting dangerous goods must have security awareness training that relates to their responsibilities and duties, says the Department for Transport.

Further information:

https://www.gov.uk/government/publications/dangerous-goods-security-awareness-training

News: School trips

The BSi has published a standard on risk management for school and youth trips.

Further information:

https://www.iso.org/standard/54205.html

News: Explosion potential linked to oil mists

Research commissioned by the HSE evaluates the risk of flammable clouds of oil mist, such as from the release of hydraulic oil under pressure.

Further information:

https://www.hse.gov.uk/Research/rrhtm/rr1207.htm

News: Welding quality control

A study published by the HSE describes common causes of weld failures within safety-critical metallic components.

Further information:

https://www.hse.gov.uk/Research/rrhtm/rr1215.htm

News: Guidance from the sprinkler association

The British Automatic Fire Sprinkler Association has published a new guide to help responsible persons and duty holders of sprinkler protected buildings.

Further information:

https://www.bafsa.org.uk/wp-content/uploads/bsk-pdf-manager/2024/08/BIF_SprinklerProtectedBuildings.pdf

News: Peltor earmuffs recall

3M has identified that X4 earmuffs manufactured between March 2020 to September 2022 have a fault which could make them ineffectual.

Further information:

https://multimedia.3m.com/mws/media/2381686O/stop-use-and-recall-notification-3m-peltor-x4-series-earmuffs.pdf

News: Isolation of controls on a MEWP

A warning has been issued regarding safe isolation of platform controls on mobile elevating work platforms (MEWPS). The HSE and industry body, IPAF, say that it has become the norm to use the emergency stop button to isolate platform controls but they elude to a serious accident connected with the practice. It’s advised to use the “engine on/off” control at the platform control console during normal operation, unless the manufacturer indicates that it would be unsafe to do so.

Further information:

https://www.ipaf.org/en-gb/news/safe-methods-isolation-platform-controls-mobile-elevating-work-platforms

News: Health and safety statistics

The HSE has published provisional statistics on work-related accidents and ill health for the year 2023/24. There has been a slight decline in the number of workers reporting they have ill health caused by work. However, there are still 1.7 million of such cases, half of whom have stress, depression or anxiety.

138 workers were killed in work-related accidents, and 604,000 workers sustained a self-reported non-fatal injury in the workplace during the same period. Deaths from asbestos-related disease continue at the level of previous year – around 5000 per year.

Further information:

https://press.hse.gov.uk/2024/11/20/hse-publishes-annual-work-related-ill-health-and-injury-statistics-for-2023-24/

News: Reduce attendance at false alarms by London Fire Brigade

The LFB says it will no longer attend automatic alarms in most non-residential buildings during the day time, unless a call from a person confirms there is a fire.

Further information:

https://www.london-fire.gov.uk/news/2024-news/october/keeping-communities-safe-london-fire-brigade-introduces-new- policy-which-aims-to-reduce-attendance-at-false-alarms/

News: Mental Health in construction

A report has been published summarising good practices which employers can implement in order to improve mental health in their construction teams.

Further information:

https://osha.europa.eu/en/publications/mental-health-construction-sector-preventing-and-managing-psychosocial-risks- workplace

News: BS9991 to be revised

The BSi has announced a major overhaul of BS9991 which covers fire safety standards in residential buildings.

Further information:

https://www.fia.uk.com/news/the-upcoming-revision-of-bs-9991-the-uk-s-fire-safety-standard.html

Case law: Fall from potato box rigged on forklift truck

A business has been fined after a man was fatally injured in a fall whilst undertaking roof repairs from unsuitable access equipment.

Denis Thornhill was found guilty of breaching Section 37(1), Health and Safety at Work etc. Act 1974 and was fined £4,000 plus costs of £4,000. His company was fined £12,000 and ordered to pay costs of £10,000.

Photos:

Further information:

https://press.hse.gov.uk/2024/10/11/cheshire-farm-owner-fined-after-roofer-dies-in-fall/

Case law: Engineer lost finger machine

A bakery has been heavily fined after an engineer lost a finger whilst checking drive belt tension on a machine. Jacksons Bakery Limited was fined £366,666 because it hadn’t managed the risks to maintenance staff such as by having an effective ‘lock out, tag out’ safe system of work.

Photos:

Further information:

https://press.hse.gov.uk/2024/10/03/leading-sandwich-bread-baker-fined-after-worker-loses-finger/

Case law: Employee was discriminated against through slow action

The NHS has been criticised at a tribunal hearing over the length of time it took to act on recommendations which would have made an employee more comfortable at work. The case concerned an administrator who was disabled after a brain haemorrhage, including suffering from light and noise sensitivity.

Further information:

https://www.ioshmagazine.com/2024/10/18/nhs-worker-noise-and-light-sensitivity-awarded-damages-after-tribunal-found-her- employer

Case law: £650k fine for pedestrians at risk

ASM Metal Recycling Ltd has been heavily fined despite its workplace transport risks not resulting in a specific accident. The prosecution was taken after an inspector’s routine visit uncovered unsafe working around moving vehicles.

Further information:

https://press.hse.gov.uk/2024/10/22/routine-inspection-lands-metal-recycling-firm-with-650000-fine/

Case law: £900,000 fine over risk of Legionnaire’s Disease

Sanctuary Housing Association has been prosecuted over its poor management of water hygiene and the risk to vulnerable residents.

Further information:

https://www.shponline.co.uk/prosecutions/residents-put-at-risk-of-deadly-disease-as-sanctuary-housing-association-fined- 900k/

Case law: Bucket fell from telehandler

Grayshill Limited has been held responsible for a serious accident which took place after a telehandler was received back from a service engineer. The bucket was not secured, and fell, striking a worker. In court the company pleaded guilty to breaching Section 2(1), Section 2(2)(a), Health and Safety at Work etc. Act 1974 and was fined £80,000 plus a victim surcharge of £6,000.

Further information:

https://press.hse.gov.uk/2024/10/28/company-fined-as-employee-fractures-skull/

Case law: Child lost part of finger in door

A school’s lack of joined up thinking allowed very young children to use an area with unsafe doors, for part of their scheduled activities. The mistake led to a child having a finger tip amputated in the hinge side of a toilet door.

Further information:

https://press.hse.gov.uk/2024/10/30/school-trust-fined-after-pupil-injured//

Case law: Electric shock risk at factory

Sabel Cosmetics Ltd, West Yorkshire, has been prosecuted after inspectors discovered machinery with exposed live conductors.In court the company pleaded guilty to breaching Regulation 4(1), Electricity at Work Regulations 1989 and was fined £56,695 plus costs of £5,949.

Photos:

Further information:

https://press.hse.gov.uk/2024/10/10/cosmetics-firm-fined-after-hse-inspection-found-serious-failings/

Case law: Defective crane collapsed onto gas cylinders

Photos:

Further information:

https://press.hse.gov.uk/2024/10/11/company-fined-following-crane-collapse/

Case law: Resident fell to floor due to care shortfalls

Care company, Harmony CCS Limited, has been prosecuted over the death of a resident who fell onto the floor when she was left sitting on the edge of a bed. The care plan didn’t cover her additional needs during personal care.

Further information:

https://www.bbc.co.uk/news/articles/cy872ppryp2o

Case law: Young apprentice lost fingers in bandsaw

An engineering firm has been prosecuted after a young apprentice trying to clear debris around a bandsaw, came into contact with the blade. He lost two fingers as a result. In court, Proline Engineering Limited was fined £500,000 after it pleaded guilty to not having carried out a risk assessment nor reviewing the guarding of machines.

Further information:

https://press.hse.gov.uk/2024/11/06/manchester-engineering-firm-fined-after-apprentice-loses-fingers/

Case law: Paralysed by fall through ceiling

A principal contractor has been fined after a sub-contractor fell through a ceiling at a house renovation in Derbyshire in October 2022. Andrew Clifford was paralysed in the fall and wasn’t discovered until 6 hours later, when a delivery driver heard his cries.

Paul Freeman Ltd pleaded guilty to safety charges as he had breaching Section 2(1), Health and Safety at Work etc, Act 1974 and was fined £40,000 plus costs of £6,263.

Further information:

https://press.hse.gov.uk/2024/11/04/fine-for-construction-company-after-father-of-three-left-paralysed/

Case law: Forklift truck accident

A manufacturer has been fined £400,000 in connection with the serious injury of an employee who was struck by a forklift truck. Although in theory there were safe systems of work to keep fork lifts and pedestrians apart, in practice these were not followed.

In court, FloPlast Limited pleaded guilty to breaching Section 2(1), Health and Safety at Work etc. Act 1974.

Further information:

https://press.hse.gov.uk/2024/11/29/plastics-manufacturer-fined-as-worker-suffers-multiple-leg-fractures/

October 2024 - Legal Update

Mon, 28 Oct 2024 14:31:01 GMT

News: Ban on current fire fighting foams

In 2025 a ban on certain chemicals will affect fire-fighting foams currently in use. The FIA has issued guidance on the implications.

Further information:

https://www.fia.uk.com/news/fia-guidance-on-pfas-in-firefighting-foams-restrictions-update-september-2024.html

News: Fire safety in construction

On 12th November 2024 the HSE is offering a free half day conference in Birmingham on the topic of fire safety in construction.

Further information:

https://www.shponline.co.uk/legislation-and-standards/government-commits-to-martyns-law/

News: Creosote ban on the cards?

It appears that the manufacture and use of creosote could be banned in the future. The HSE is consulting.

Further information:

https://consultations.hse.gov.uk/crd-biocides/gb-bpr-creosote-renewal-assessment/

News: Waste wood recycling

Guidance on the control of wood dust exposure in the wood recycling industry has been published.

Further information:

https://woodrecyclers.org/wra-launches-first-sector-specific-guidance-on-wood-dust/

News: Update to BS EN ISO 45001: 2023

The BSi has published an update to BS EN ISO 45001: 2023+A1:2024. “Occupational health and safety management systems requirements with guidance for use”.

Further information:

https://knowledge.bsigroup.com/products/occupational-health-and-safety-management-systems-requirements-with-guidance-for-use-3?version=standard

News: Change to fire testing standards

The government has confirmed that Approved Document B (which specifies fire safety standards in new builds and alterations, in England and Wales) is to be amended to remove references to the testing standard for products BS 476, with EN 13501 taking its place. The move is designed to modernise and improve fire testing standards, and simplify the regime so as to reduce confusion.

Further information:

https://www.warringtonfire.com/resources/bs-476-and-en-13501-what-you-need-to-know#

Case law: Coordination of contractors’ work was lacking

Balfour Beatty has pleaded guilty to breaching lifting regulations after a fatal accident in which a scissor lift was knocked over by an overhead crane. In court it was fined £285,000 plus costs of £21,768.

Photos:

Further information:

https://press.hse.gov.uk/2024/09/17/construction-firm-fined-as-worker-loses-life-and-another-injured/

Case law: Pensioner killed in fall through bathroom floor

A construction company has been fined £150,000 and ordered to pay £50,000 in costs, after its mistakes led to the death of a householder. The company’s employees had left an open hole in an upstairs bathroom’s floor, which the pensioner fell through, only being found the next day. The company was criticised for its lack of risk assessment and employee training.

Photos:

Further information:

https://press.hse.gov.uk/2024/09/18/company-fined-after-loving-grandad-dies-from-fall/

Case law: Plant fell from trailer

The HSE in Northern Ireland has prosecuted a plant hire company after a mobile elevating working platform fell from the side of a trailer as it was being loaded. The driver sustained life changing injuries when he was thrown onto the road.

Inspectors found that the risks of loading plant fitted with adjustable and retractable axles had not been assessed, there was no banksman and there was also a lack of segregation to protect pedestrians.

Balloo Hire Centre Ltd pleaded guilty to offences under articles 4(1) and 5(1), Health and Safety at Work (Northern Ireland) Order 1978 and was fined £80,000.

Further information:

https://www.hseni.gov.uk/news/plant-hire-company-fined-after-placing-employees-risk

Case law: Holiday park where child drowned, was permitted to have no lifeguard

An inquest has found that health and safety measures at a holiday park swimming pool where a boy drowned were “borderline” but did comply with minimum standards. Although there was no poolside supervision at the pool, and this was unusual for the type of facility, it meets the current HSE guidance for swimming pool safety.

Further information:

https://www.bbc.co.uk/news/articles/cm247g60jj7o#:~

Case law: Landlord tagged and curfewed for gas safety offence

A Kent landlord has been handed a suspended jail sentence and electronically tagged after putting the lives of tenants at risk.

Further information :

https://press.hse.gov.uk/2024/09/02/fine-for-rogue-landlord-who-put-tenants-lives-at-risk/

Case law: Manufacturer removed guards and defeated interlocks

Food manufacturer, Oriental Delight (UK) Limited, has been fined £150,000 for failing to prevent access to dangerous parts of machinery after three machines were found to be operating unsafely after deliberate modification.

Photos:

Further information:

https://press.hse.gov.uk/2024/09/04/routine-hse-inspection-results-in-150000-fine-for-food-manufacturer/

Case law: Entangled in drill whilst clearing debris

An employee sustained six fractures to his arm after it was caught and wrapped around a radial arm drill. He had been clearing debris from the bed of the drill when the accident occurred. The HSE found that there was no risk assessment or safe system of work.In court, Screening Consultancy and Supplies Ltd pleaded guilty to breaching Section 2(1), Health and Safety at Work etc. Act 1974 and was fined £28,000 plus costs of £3,616.

Photos:

Further information:

https://press.hse.gov.uk/2024/09/18/manufacturing-company-fined-as-worker-suffers-six-bone-fractures/

August/September 2024 - Legal Update

Sun, 22 Sep 2024 18:16:47 GMT

News: Labour plans for health and safety

The Labour administration has announced plans to increase worker rights, clarify the rights and responsibilities of the self-employed, and modernise legislation and guidance. They also intend to introduce new guidelines of extreme temperatures in the workplace, improve building safety and review the protection and support to those with long COVID.

Further information:

https://www.ioshmagazine.com/2024/07/05/new-labour-government-vows-legislate-osh-related-laws-within-100-days

News: Martyn’s Law

It appeared that the timing of the general election might put paid to the Terrorism (Protection of Premises) Bill, known as Martyn’s Law, but the King’s Speech included a commitment to continue its passage through parliament. Regulations should come into force later this year, placing new duties on venues and event organisers to implement counter-terrorism measures.

Further information:

https://www.shponline.co.uk/legislation-and-standards/government-commits-to-martyns-law/

News: Fatal Accidents Statistics

The HSE has published preliminary figures for deaths at work in 2023/24. The total of 138, is similar to the previous year. Falls from height caused 50 of the deaths, with other common causes being moving vehicles and objects. Workers aged 60 or over accounted for 34 per cent of those killed, despite making up only 11 per cent of the workforce.

Further information:

https://www.shponline.co.uk/news/hse-annual-workplace-fatalities-construction-and-falls-from-height-deaths-rise/

News: Competency assessment scheme for principal contractors

The Chartered Institute of Building has launched a new certification scheme to enable Principal Contractors to prove their competency.

Further information:

https://www.shponline.co.uk/building-safety-act/qualification-aims-to-prove-principal-contractor-competence/

News: Propane or Acetylene?

The BCGA has updated its guidance on Oxy-Propane versus Oxy-Acetylene gas welding. Those using Acetylene should consider whether they could switch to Propane, thus reducing the risk from a fire in their buildings.

Further information:

https://bcga.co.uk/publications/tis32-acetylene-or-propane-for-welding-cutting-and-allied-processes-revision-3-2024/

News: Coroner expresses concern over remotely operated crane pendants

At the conclusion of an inquest, a Coroner has raised concerns at the lack of any audible warning from a lorry mounted crane as it moved, and the risk of inadvertent operation of the pendant controller.

Further information:

https://www.judiciary.uk/wp-content/uploads/2024/06/Michael-Harrison-Prevention-of-future-deaths-report-2024-

0321_Published.pdf

News: Carbon Dioxide and other asphyxiant gas risk

Updated guidance has been published on the risks of Carbon Dioxide gas as well as a general leaflet on asphyxiation risks of industrial gases.

Further information:

https://www.eiga.eu/news/si-024-24-carbon-dioxide-physiological-hazards-not-just-an-asphyxiant/

https://www.eiga.eu/news/sl-001-24-dangers-of-asphyxiation-leaflet/

News: Gaseous fire extinguishing systems

New guidance from the Fire Industry Association covers post-discharge ventilation for gaseous extinguishing systems. Such ventilation systems return the environment to safety by removing smoke, fire by-products, and extinguishing agents after system activation.

Further information:

https://www.fia.uk.com/news/best-practices-gaseous-extinguishing-systems-post-discharge-extract.html

News: Video fire detection systems

The Fire Industry Association has published Fact File 98 exploring the design and use of Video Fire Detection Systems.

Further information:

https://www.fia.uk.com/news/fact-file-98-video-fire-detection-systems.html

Case law: The wrong forks used for pallet

A construction company has been fined £333,000 following an accident in which a driver was killed by falling concrete blocks. The accident happened because the forks of the excavator being used were incompatible with the pallet being lifted.

Avant Homes (Scotland) Limited pleaded guilty to a breach of Section 3(1), Health and Safety at Work etc. Act 1974. Meanwhile Regen Waste Limited, the employer of the driver, pleaded guilty to breaching Regulation 3(1)(a), Management of Health and Safety at Work Regulations 1999 and was fined £23,000. Regen Waste had not undertaken a risk assessment for deliveries to remote sites.

Further information:

https://press.hse.gov.uk/2024/06/19/housing-company-fined-after-worker-killed-by-concrete-blocks/

Case law: Lack of risk assessment and training in use of saw

A Council has been fined after a technician who was untrained, lost a finger at a circular saw.

Further information:

https://press.hse.gov.uk/2024/07/03/council-fined-as-school-technician-loses-finger/

Case law: Fire safety breaches at care homes

The owners of a group of residential care homes have been fined £124,455 in connection with fire safety offences identified at four residences.

Further information:

https://www.esfrs.org/east-sussex-fire-and-rescue-service-welcomes-successful-fire-safety-prosecution

Case law: Engineer killed in complex lifting operation

Premier Engineering Projects Ltd and M&M Mobile Crane Hire Ltd have both pleaded guilty to charges connected with a failed lifting operation which caused the death of an engineer. A team were moving a large machine when it fell from the forks of a telehandler.

Further information:

https://press.hse.gov.uk/2024/08/01/companies-fined-after-dad-crushed-to-death-by-machine/

Case law: £300,000 fine for food manufacturer’s mistakes

A food company has been fined more than £300,000 after a worker was unblocking a machine and lost 4 fingers in rotating blades. The company had not considered the accessibility of machinery hazards if someone reached underneath the machine.

Further information:

https://press.hse.gov.uk/2024/08/08/multi-national-food-company-fined-after-worker-loses-fingers/

Case law: £776,000 fine for warehouse

Food wholesaler T Quality Limited has been fined £776,286 after a pallet fell onto an employee causing multiple injuries.

Further information:

https://news.bristol.gov.uk/press-releases/7c4ea22f-016f-49ab-a5bb-2729eba747a4/uk-food-wholesaler-fined-760-000-following-multiple-injuries-to-warehouse-employee

Case law: Smoker’s death was avoidable

HC-One Limited has been fined £500,000 for health and safety breaches which led to the death of a resident who appears to have set fire to bedding. The lady had become bed bound but the care operator did not review the care pathway assessment. Had they done so, they would have identified the need for smoking to be supervised.

Further information:

https://www.scottishlegal.com/articles/care-home-sentenced-for-failings-that-led-to-womans-death

Case law: Forklift Truck accident crushed man’s legs

William Stobart & Son Limited has been fined £160,000 after a fork lift truck dropped a pallet of stone onto an employee.

Further information:

https://press.hse.gov.uk/2024/07/30/company-fined-160000-after-worker-loses-legs/

Case law: Scaffold had prohibition notice

Builder David Beadle has been personally charged after defying a prohibition order and continuing to use an unsafe scaffold.

Further information:

https://press.hse.gov.uk/2024/08/07/builder-avoids-immediate-prison-sentence-after-failing-to-protect-workers/

June/July 2024 - Legal Update

Sun, 07 Jul 2024 14:11:20 GMT

News: LFB has changed its policy on response to automatic fire alarms

The LFB has announced it will no longer attend all call outs by automatic fire alarms between 7am and 8.30pm, such as to offices and warehouses. A phone call will be required to confirm there is a fire. This will not apply to dwellings, schools, sleeping accommodation, hospitals, residential care, heritage buildings, prisons nor other exempt premises.

Further information:

https://www.london-fire.gov.uk/safety/the-workplace/automatic-fire-alarms/afa-policy/

News: Increase in lithium-ion battery fires

According to the latest figures, the number of fires started by lithium-ion batteries increased by 50% between 2022 and 2023. 29% involved e- bikes.

Further information:

https://www.shponline.co.uk/fire-protection/uk-fire-services-face-46-increase-in-lithium-ion-battery-fires/

News: Stone worktop finishers at risk

The British Occupational Hygiene Society is concerned that relatively young workers are suffering permanent lung disease from work with stone worktops, especially reconstituted stone. An aggressive form of silicosis is becoming more prevalent in the sector.

Further information:

https://www.bohs.org/media-resources/press-releases/detail/science-body-issues-urgent-guidance-to-prevent-kitchen- worktop-manufacture-disease-outbreak/

News: Safety at household recycling centres

The Waste Industry Health and Safety Forum in conjunction with the HSE has issued guidance on the safe operation of household waste recycling centres.

Further information:

https://www.wishforum.org.uk/wp-content/uploads/2024/04/WISH-WASTE-26-Health-and-safety-at-HWRC-CA-sites-V2-April- 2024.pdf

News: Product Safety and Metrology etc. (Amendment) Regulations 2024

These Regulations aim to clarify the way in which UKCA and CE marking regimes can be applied together or separately within the UK.

Further information:

https://www.gov.uk/government/publications/the-product-safety-and-metrology-amendment-regulations-2024

News: Automated Vehicles Act 2024

This Act will introduce rules to control the hazard and liability for self-driving vehicles.

Further information:

https://www.gov.uk/government/news/self-driving-vehicles-set-to-be-on-roads-by-2026-as-automated-vehicles-act-becomes- law

News: CPC Qualifications

Those using or employing HGV and PSV drivers should keep up to date with the latest information.

Further information:

https://www.gov.uk/government/publications/driver-cpc-changes-in-2024-and-2025/driver-cpc-changes-in-2024-and-2025

News: Poor mental health in construction is contributing to accidents

Research carried out by an insurer has found that a fifth of construction workers report getting injured as a result of poor mental health. Workplace stigma continues to prevent workers from speaking openly about mental health struggles.

Further information:

https://qbeeurope.com/news-and-events/press-releases/15m-uk-construction-workers-at-risk-with-circa-700-000-injuries- already-caused-from-poor-mental-health/

News: Approved Documents Updated

The government has published updated versions of guidance to the Building Regulations in the form of Approved Document M (access to and the use of buildings), Approved document G (sanitation, hot water safety and water efficiency), and T (toilets). These apply to new builds and alterations.

Further information:

https://www.gov.uk/government/publications/access-to-and-use-of-buildings-approved-document-m

https://www.gov.uk/government/publications/sanitation-hot-water-safety-and-water-efficiency-approved-document-g

https://www.gov.uk/government/publications/toilet-accommodation-approved-document-t

News: Anti-Terrorism in education

There is a recent update to guidance for the education sector on preparing for terrorism and other major incidents.

Further information:

https://www.gov.uk/government/publications/protective-security-and-preparedness-for-education-settings

News: Reducing manual handling injury

Two companies have been recognised for reducing the risk of musculo-skeletal injuries by redesigning processes.

Further information:

https://press.hse.gov.uk/2024/04/29/awarding-success-winners-of-the-risk-reduction-through-design-award-2024-announced/

Case law: Fragile roof fall

A court has heard how a roofing company carried out roof repairs without edge protection and without covering fragile roof lights. The mistakes led to a serious fall to one of its employees.

Steps to compliance:

Work at height must be planned and managed so that falls are prevented, and steps takes 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/2024/05/09/company-fined-as-worker-falls-through-roof-and-fractures-back/

Case law: Metal working fluid risks

Dartford firm, Hispec Motorsport Limited, has been prosecuted after it was found that metal-working fluid mists were left uncontrolled. There was also a lack of machinery guarding and maintenance.

Further information:

https://press.hse.gov.uk/2024/05/03/motorsport-engineering-firm-fined-for-failing-to-ensure-the-health-safety-and-welfare-of- its-employees/

Case law: Wood waste recycling – dust hazard

Esken Renewables Limited, Middlesborough, has been prosecuted for exposing workers to excess wood dust during its recycling processes. In court the company pleaded guilty of breaching Regulation 7(1), Control of Substances Hazardous to Health Regulations 2002 and was fined

£160,000 plus costs of £5,310. One obvious area of risk was the use of compressed air for cleaning machinery.

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 to 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 or damage prior to being used.
Staff are trained and competent to use the equipment.

Further information:

https://press.hse.gov.uk/2024/05/24/recycling-company-fined-after-workers-exposed-to-wood-dust/

Case law: £1.2M fine for pedestrian collision

Yorkshire metals recycling company, CF Booth Limited, has been fined £1.2m in connection with an accident in which a worker was run down and seriously injured. The accident involving a 32-tonne skip wagon happened due to a lack of pedestrian segregation. There was also poor consideration of sight lines and no hi visibility clothing being worn at the time.

Further information:

https://press.hse.gov.uk/2024/05/02/recycling-company-fined-1-2m-after-worker-hit-by-a-wagon/

Case law: Hand caught in machine

A lack of training, contributed to an accident in which an employee’s hand was mangled whilst he tried to change a blade of a machine. W M Russell & Sons Limited pleaded guilty to breaching the Health and Safety at Work etc. Act 1974, Section 2(1), and was fined £24,000.

Further information:

https://press.hse.gov.uk/2024/05/30/skip-hire-and-waste-recycling-company-fined-after-worker-is-injured/

Case law: Asbestos sheets were smashed up

Two construction firms have taken the blame for an asbestos incident caused when a 16-year-old worker broke up asbestos sheets at a site in Richmond. There was no asbestos refurbishment and demolition survey for the site.

Further information:

https://press.hse.gov.uk/2024/06/20/companies-fined-after-16-year-old-worker-exposed-to-asbestos/

Case law: Suspended jail sentence for waste manager

After an employee was pulled into an unguarded conveyor belt, waste company Arthur Brook Limited, was fined £200,000 and ordered to pay

£43,000 in costs. The site manager Wayne Griffiths was handed a suspended prison sentence, was ordered to pay costs of £10,000 and required to undertake 200 hours of unpaid work.

The HSE found that many guards had been removed from the machine to allow metal containing material to be reprocessed with the aid of a mini digger, and the situation had been ongoing for two days.

Photo, HSE: The aftermath of the incident at the company’s Low Mill Lane facility in Dewsbury

Further information:

https://press.hse.gov.uk/2024/05/29/site-manager-issued-suspended-sentence-after-death-of-young-father/

May 2024 - Legal Update

Mon, 03 Jun 2024 19:01:23 GMT

News: Approved Document B

A new version of the fire safety guidance to the Building Regulations 2010 has been published. The updated Approved Document B begins with a list of amendments made to it including new requirements for means of escape from high rise buildings.

The Building Regulations apply to new builds and alterations.

Further information:

https://assets.publishing.service.gov.uk/media/66054cc0f9ab41001aeea490/AD_B_amendment_booklet.pdf

News: Free Webinars from HSE

The HSE is giving a webinar on 15 May 2024, ‘Duty to manage asbestos in buildings.

There’s also an event on 23 May: ‘Musculoskeletal disorders (MSD) risk management tools: What are they and how should they be used?’

Further information:

https://solutions.hse.gov.uk/health-and-safety-training-courses/duty-to-manage-asbestos-in-buildings

https://williamslea.zoom.us/webinar/register/WN_g0OFyyH_QGC1bkajzBJ9sw

News: Fire and Rescue Data

Fire Rescue Services in England attended 592,996 incidents in 2023, a decrease of 5.6% in comparison the previous year. Fires accounted for 24% of incidents attended, fire false alarms 42% and non-fire incidents 34%.

Further information:

https://www.gov.uk/government/statistics/fire-and-rescue-incident-statistics-year-ending-december-2023/fire-and-rescue-incident-statistics-england-year-ending-december-2023#incident-summary

News: First Aid guidance updated

Updates have been made to the HSE’s ‘First aid at work: Guidance on regulations’ (L74) and ‘Selecting a first aid training provider: A guide for employers.

Further information:

https://www.hse.gov.uk/pubns/books/l74.htm

https://www.hse.gov.uk/pubns/geis3.htm

News: Evaporative cooling systems

HSE guidance, 'The control of legionella bacteria in evaporative cooling systems' (HSG274: Part 1), has been updated. It includes clearer advice on testing of pH and biocide levels.

Further information:

https://www.hse.gov.uk/pubns/books/hsg274.htm

News: RIDDOR guidance improved

more direct links to guidance on types of reportable incidents to help determine whether a report is required
improved guidance on who should and should not report under RIDDOR
improved guidance on what is meant by a ‘work-related’ accident
information on when an occupational disease is not reportable
increased clarity on when an ‘over-7-day’ absence should be reported

Further information:

https://www.hse.gov.uk/riddor/?utm

Case law: Fatally crushed under scissor lift

A court has heard how a broken locking mechanism appears to have prompted a baggage handler to switch sides of a platform whilst working by an aircraft. In doing so he stepped through beneath the platform when it was unfortunately lowered and crushed him. There was no detector to stop the machine being lowered. It was also observed that had the machine been in good repair, the accident would not have happened.

Steps to compliance:

Work at height must be planned and managed so that falls are prevented, and steps takes 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/2024/04/17/aviation-company-fined-after-worker-death-at-heathrow-airport/

Case law: Worker struck underground cable

MHS Homes has been fined £528,000 after an employee repairing a fence post inadvertently struck an underground cable, suffering burns to his face. It appears from the HSE’s case summary that the company had none of the expected precautions for safe digging in place.

In court, the company pleaded guilty to breaching Regulation 16(2), by virtue of non-compliance with Regulation 25(4), the Construction (Design and Management) Regulations 2015. The company was fined £528,000 plus £4,122 in costs.

Further information:

https://press.hse.gov.uk/2024/04/24/housing-company-fined-more-than-500000-after-worker-suffers-burns/

Case law: Exposed to unacceptable levels of wood dust

A manufacturer has been prosecuted for breaching Regulation 7(1), Control of Substances Hazardous to Health Regulations 2002 after inspectors found that workers were exposed to excessive amounts of wood dust. The company had received previous advice from inspectors but it hadn’t been taken, and there were large quantities of dust around the machines. It was fined £14,700 plus costs of £4869.

Case law: Exposed to unacceptable levels of wood dust

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 to 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 or damage prior to being used.

7. Staff are trained and competent to use the equipment.

Further information:

https://press.hse.gov.uk/2024/04/03/company-fined-after-hse-inspection-finds-wood-dust-failures/

Case law: Letting agent fined over fire trap

After a resident complaint about a blocked escape route at a shared house, fire officers inspected, finding a large shipping container blocking an escape route, as well as a padlocked door. Within the house they found various breaches in the structure which would have given very little time to escape in the event of fire.

Further information:

https://thenegotiator.co.uk/news/regulation-law-news/lettings-firm-fined-28k-for-hmo-fire-safety-breaches/

Case law: Asbestos disturbed during demolition

After inspectors followed up reports of unsafe work at height, they found a site covered in asbestos waste. It became apparent that the developer had received an asbestos survey report but ignored it and had the materials stripped out by untrained workers.

Although the business Eye Track Limited was fined, it was the director, Selcuk Pinarbasi, who received the higher penalty. He pleaded guilty to breaching Section 3(1) by virtue of Section 37(1), Health and Safety at Work etc. Act 1974. He received a custodial sentence of 20 weeks, suspended for 12 months, was fined £75,000 and was also ordered to pay costs of £18,783.

Steps to compliance:

1. Stop works immediately and halt any activates in the area where asbestos has been disturbed.

2. Isolate the area and use barriers where required.

3. Engaged licensed asbestos contractors to safety 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/2024/04/25/company-and-director-fined-after-workers-exposed-to-asbestos/

Case law: Unguarded table saws

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://press.hse.gov.uk/2024/04/17/shipping-services-company-fined-after-worker-loses-finger/

https://press.hse.gov.uk/2024/04/25/company-fined-after-agency-worker-injured-using-unguarded-machine/

Case law: Power was not isolated before maintenance

A company has pleaded guilty to a safety offence after an accident in which an employee lost a leg. He was caught in machinery which was used to put compost into trays.

There were inadequate risk assessments for cleaning, and no isolation nor safe operating procedures. Howdens Enterprises Ltd pleaded guilty and was fined £73,333 plus costs of £7,522.

Further information:

https://press.hse.gov.uk/2024/04/10/5990/

April 2024 - Legal Update

Thu, 02 May 2024 17:07:52 GMT

News: Don’t panic over fire cables!

The Fire Industry Association has issued technical guidance on the effects of painting over fire resistant cables.

Further information:

https://www.fia.uk.com/news/the-fire-industry-association-release-new-technical-guidance-painting-of-fire-resistant- cables.html

News: London Fire Brigade equipped for higher storeys

The LFB has published a list of improvements implemented since the Grenfell Tower fire, including telescopic ladders able to reach 23 storeys.

Further information:

https://www.fia.uk.com/news/london-fire-brigade-elevates-safety-standards-with-revolutionary-equipment-post-grenfell- inquiry.html

News: Vibrating alert devices

Vibrating alert devices are a valuable part of measures to ensure that those with poor or no hearing can receive an alarm signal. The FIA has issued guidance on their use.

Further information:

https://www.fia.uk.com/news/technical-guidance-released-on-the-installation-of-vibrating-tactile-devices.html

News: Poor quality of work can increase fire risk

A structural safety body which receives whistle-blower reports on dangerous buildings has published concerns over two recent incidents. In one case electrical installations were wrong, nearly causing a fire, and in another an attempt was made to improve fire doors, which actually made them less effective.

The CROSS-UK reporter said they were “concerned that unqualified maintenance personnel are carrying out repairs to safety critical systems and installations with the potential for serious injury or loss of life”.

Further information:

https://www.cross-safety.org/uk/safety-information/cross-safety-report/lack-fire-safety-competence-care-home-setting-1255

Case law: Nut fell onto live bus bar

A recent case shows the care which is required when working around live electrical equipment. Aberla M&E Limited was prosecuted followed an accident in which a worker was badly burned in an electrical flash. He and a colleague had been carrying out cabling and jointing works on a main switchboard, when a bolt fell through a gap in protective panels onto live bus bars.

Further information:

https://press.hse.gov.uk/2024/03/14/company-fined-as-worker-suffers-serious-burns/

Case law: Recycling firm fined £200K for arm amputation

A scrap metal recycling company has been prosecuted over an accident in which an employee’s arm was entangled in a rotary valve.

Further information:

https://press.hse.gov.uk/2024/03/06/metal-recycling-company-fined-200000-after-employees-arm-severed/

Case law: Driver fell from trailer

A timber processing company has been fined £380,000 after an accident in which a reversing forklift truck struck a trailer, causing a man to fall. The delivery driver suffered a traumatic brain injury as a result.

Further information:

https://press.hse.gov.uk/2024/03/01/company-fined-after-delivery-driver-suffers-brain-injury/

Case law: Leg amputated after mobile elevating work platform collision

Baker & Baker Products Ltd, has been fined £400,000 after an employee’s leg was crushed beneath a cherry picker. The company’s risk assessment had identified a need for the MEWP to be escorted, but no safe system of work and training was put in place for the banksman.

Further information:

https://press.hse.gov.uk/2024/03/25/bakery-company-fined-400000-after-employee-has-left-leg-amputated/

Case law: Crushed by excavator while erecting safety signs

A company has been prosecuted Materials Movement Limited after a fatal accident in which a young engineer was run down by an excavator whilst erecting safety signs. In court the company pleaded guilty to breaching Regulation 15(2) of the Construction (Design and Management) Regulations 2015 and was fined £133,330 plus costs of £8,500.

Further information:

https://press.hse.gov.uk/2024/03/22/company-fined-after-perfect-son-crushed-to-death/

Case law: Fall whilst carrying materials on ladder

Solar panel installation company, Everyone’s Energy UK Limited, has appeared in court over a fall which left a worker with a severe brain injury. The HSE found that the scaffolding was not sufficient and there was no appropriate means for raising materials to roof level. In court the company pleaded guilty to a breach of Regulation 4(1), Work at Height Regulations 2005 and was fined £28,000 plus costs of £6,634.

Further information:

https://press.hse.gov.uk/2024/03/12/company-fined-after-worker-fractures-skull/

Case law: Killed in 1.8m fall

Amberley Homes (Kent) Ltd has appeared in court after a worker fell through an unguarded opening in a scaffold and fell less than two metres. The case highlights the risks of falling from relatively low heights.

A safety consultant supporting the company had identified a lack of competent site management but this was not addressed. As a result, holes were created in the scaffold and left unprotected, for long periods.

In court, the company pleaded guilty to breaching Regulation 13(1), Construction (Design and Management) Regulations 2015 and was fined

£25,000 plus costs of £83,842.

Further information:

https://press.hse.gov.uk/2024/03/15/construction-firm-fined-after-worker-dies-from-fall/

Case law: Tonnes of asbestos insulation board removed without precautions

A director has been handed an eight month prison sentence for choosing to remove asbestos unsafely during a refurbishment project. Stephen Davies and his fellow director had obtained a quote from a licensed asbestos removal contractor, but decided to save the cost by doing it themselves via their labourers. No precautions were taken.

In court, the very serious offence resulted in a rare custodial sentence for Stephen Davies after he pleaded guilty to a breach of Section 37(1), Health and safety at Work etc. Act 1974. The other director was given an unpaid work order and the company was fined £30,000.

Further information:

https://press.hse.gov.uk/2024/03/27/director-jailed-for-failing-to-protect-workers-from-asbestos-exposure/

March 2024 - Legal Update

Tue, 26 Mar 2024 16:50:02 GMT

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/

February 2024 - Legal Update

Wed, 28 Feb 2024 21:01:16 GMT

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/

January 2024 - Legal Update

Wed, 28 Feb 2024 21:01:14 GMT

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

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 to 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 or damage prior to being used.

7. Staff are trained and competent to use the equipment.

Further information:

https://press.hse.gov.uk/2023/12/14/joinery-firm-fined-for-health-and-safety-failings/

Case law: Witness’s photo evidence used in prosecution

European Active Projects Limited has found itself with a £100,000 fine for health and safety breaches, despite there not having been an accident. The company’s workers were spotted using a pallet on a fork lift truck as a work platform to move a heavy pressure washer to the ground. The photos showed the extent of the risks taken and HSE prosecuted the firm for breaching regulation 4(1), Work at Height Regulations 2005.

Steps to compliance:

Work at height must be planned and managed so that falls are prevented, and steps takes 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/2023/12/20/company-fined-after-worker-spotted-on-pallet-raised-by-forklift-truck/

Case law: Expensive lack of hand-washing facilities

C.B. Homes Limited has been ordered to pay fine and costs of £7000 after an HSE inspector found that its construction site had no hand washing facilities. The company had received enforcement action on three other occasions for similar deficiencies.

Further information:

https://press.hse.gov.uk/2023/12/06/construction-fined-after-failing-to-provide-basic-facilities-to-workers/

Case law: Boss killed employee in shredder

A manager has been jailed for seven-and-a-half years for a horrific accident in which an employee died inside an industrial shredder. Using a digger bucket, Brian Timmins had lifted David Willis into the hopper of the shredder to investigate why the machine had stopped working. However, shortly afterwards when he could not find the employee he assumed he had gone home and restarted the machine. The employee’s remains were never found.

Timmins Waste Services was also found guilty of corporate manslaughter and was fined £400,000.

Further information:

Yard manager jailed and company fined £400,000 after employee fell into shredder | The Independent

Case law: £880,000 of fines for two fragile roof falls

Mitie Tilley Roofing Limited has been prosecuted in connection with two separate roof falls through fragile sky lights. The director of a scaffolding firm was also ordered to serve a community service order.

Photos: 3 & 4

Steps to compliance:

Work at height must be planned and managed so that falls are prevented, and steps takes 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/2023/12/06/roofing-firm-and-company-business-partner-sentenced-following-hse-investigations/

Photo1

Photo2

Photo3

Photo4

November/December 2023 - Legal Update

Wed, 13 Dec 2023 20:52:02 GMT

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:

Further information:

https://press.hse.gov.uk/2023/11/02/demolition-company-given-60000-fine-as-worker-seriously-injured/

Case law: Run down in the yard

An egg supplier has been prosecuted over its lack of pedestrian segregation in a yard where HGVs were operating. A pedestrian was crushed between a lorry and a wall due to a lack of measures to provide safe walkways etc.

In court, the company pleaded guilty to breaching Regulation 17, Workplace (Health, Safety and Welfare) Regulations 1992 and was ordered to pay a fine of £233,000 plus costs of £8,841.

Photos:

Further information:

https://press.hse.gov.uk/2023/11/22/mothers-grief-after-only-son-killed-while-working-for-major-egg-supplier/

October 2023 - Legal Update

Sun, 22 Oct 2023 15:47:43 GMT

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/

September 2023 - Legal Update

Mon, 25 Sep 2023 07:48:02 GMT

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/

News - August 2023 - Legal Update

Wed, 30 Aug 2023 13:03:01 GMT

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/

News - July 2023 - Legal Update

Thu, 20 Jul 2023 13:38:10 GMT

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/

News - June 2023 - Legal Update

Thu, 15 Jun 2023 13:29:36 GMT

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.

Key steps to compliance:

Risk assessment and safe system of work are in place for the work equipment.
PAT is completed on electrical work equipment.
Work equipment being used is suitable for the task.
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/2023/05/16/durham-car-cleaning-firm-fined-for-putting-workers-at-risk-of-electric-shock/

Case law: Demolition worker fell when platform collapsed

Henry Construction Projects Limited has pleaded guilty to breaching Regulation 6(3), Work at Height Regulations 2005 after a work platform collapsed beneath a worker. The company was fined £234,000 and ordered to pay £12,369 in costs.

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. scaffolding that has been erected by a competent contractor.
Staff must be trained and deemed competent to complete the works.

Further information:

https://press.hse.gov.uk/2023/05/16/building-company-fined-234000-after-worker-falls-from-platform/

Case law: Telehandler driver crushed colleague

Eco Waste and Recycling Limited has appeared in court over an accident in which a man had his leg amputated. He had been hand sorting waste when he was run down by a telehandler.

Key steps to compliance:

Risk assessment and safe system of work for telehandler operations.
Pedestrians and forklift movements are separated effectively.

Staff are trained and competent in the use of a telehandler

Further information:

https://press.hse.gov.uk/2023/05/16/company-fined-after-workers-leg-amputated/

News - May 2023 - Legal Update

Sat, 20 May 2023 08:42:03 GMT

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.

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/2023/04/21/london-joinery-firm-fined-20000-for-failing-to-control-wood-dust/

Case law: £600,000 fine for fork lift truck accident

AkzoNobel Packaging Coatings Limited has been fined £600,000 after a worker’s leg was crushed by a forklift truck as he stood on a pedestrian crossing. It seems that poor practices had crept in and been allowed to continue unchecked.

Key steps to compliance:

1. Risk assessment and safe system of work for forklift operations.

2. Pedestrians and forklift movements are separated effectively.

3. Staff are trained and competent in the use of a forklift.

Further information:

https://press.hse.gov.uk/2023/04/03/company-fined-after-workers-leg-crushed-by-forklift-truck/

Case law: Man killed by metal grab

A manufacturer of concrete products has been fined £1 million after a 24-year-old man was crushed in a grab which was the wrong accessory for the lifting task in question. The HSE found that there was a lack of risk assessment and that both the grab and a fork lift truck being used at the time were in poor condition.

Key steps to compliance:

1. Risk assessment and safe system of work are in place for the work equipment.

2. Work equipment being used is suitable for the task.

3. Work equipment is inspected for signs of damage prior to being used.

4. Staff are trained and competent in the use of equipment.

Further information:

https://press.hse.gov.uk/2023/04/05/1m-fine-for-concrete-firm-after-one-in-a-million-son-died-at-work/

Case law: Cut and paste is not an option!

A hotelier downloaded risk assessment to pass as his own. A Swindon hotelier received little sympathy from inspectors after attending an interview to discuss lack of compliance with improvement notices and attempting to pass off a fake risk assessment. He has been fined £8,000.

Key steps to compliance:

1. Make sure your risk assessments and other health and safety documentation accurately reflect your operations.

2. Regularly review your documents to ensure that they remain accurate.

3. Work with your health and safety advisor to ensure the risk assessment is suitable and sufficient.

Further information:

https://www.swindon.gov.uk/news/article/878/hotel_company_and_director_fined_thousands_for_health_and_safety_non_compliance

Case law: Three-section ladder used as roof-ladder

Mackenzie Hotels Ltd has been find in connection with an accident caused by inappropriate use of a ladder for roof-work which needed an alternative solution.

Key steps to compliance:

1. Risk assessment and safe system of work are in place for the work equipment.

2. Work equipment being used is suitable for the task.

3. Work equipment is inspected for signs of damage prior to being used.

4. Staff are trained and competent in the use of equipment.

Further information:

https://www.north-norfolk.gov.uk/news/2023/april/north-norfolk-business-fined-after-inadequate-health-and-safety-practice-led-to-injury/

Case law: Lifting operation went wrong

A principal contractor and cladding contractor have shared the dock in a case which followed a lifting failure with a Structured Insulated Panel (SIP). The accident involved a sub-contractor of the cladding contractor and both parties who should have overseen the work took the blame for the subsequent accident.

Key steps to compliance:

1. Ensure all lifting operations are completed by competent contractors.

2. Ensure suitable selection and appointment of contractor system is in place.

3. 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.

4. Have suitable and sufficient site supervision arrangements in place.

5. A lifting plan must be in place for all lifting operations.

Further information:

https://press.hse.gov.uk/2023/04/19/companies-sentenced-after-worker-hospitalised-for-nearly-two-weeks/

Case law: Keep your site secure

Poor security of a construction site next to a playpark in Glasgow was the cause of children gaining access a court has heard. A ten-year-old child was killed when he fell within a manhole on the surface water management project. R.J. McLeod (Contractors) Limited pleaded guilty to breaching Section 3(1), Health and Safety at Work etc. Act 1974 and was fined £800,000 plus a victim surcharge of £60,000

Key steps to compliance:

1. Ensure that there is a suitable barrier/fence around your site to prevent unauthorised access.

2. Place suitable “Warning Construction Site” signs on the fencing.

3. Check the fence regularly for signs of damage.

Further information:

https://press.hse.gov.uk/2023/04/14/construction-company-fined-800000-after-death-of-10-year-old-boy/

News - April 2023 - Legal Update

Sun, 07 May 2023 07:46:57 GMT

News - March 2023 - Legal Update

Mon, 06 Mar 2023 09:25:48 GMT

News: Legal overhaul on the horizon

We’re anticipating some major changes health and safety legislation as a result of the Retained EU Law (Revocation and Reform) Bill which is making its way through parliament. The resulting Act will automatically revoke, or ‘sunset’, most retained EU law at the end of 2023 other than those regulations deliberately exempted. We don’t yet know which regulations will be nullified.

Further information:

N/A

News: Second staircases for London tower blocks.

A second staircase requirement is being imposed on new tower blocks over 30 metres tall and will reportedly affect all current and future applications. 

Further information:

https://www.fia.uk.com/news/london-mayor-imposes-second-staircases-in-new-blocks-over-thirty-metres.html

News: Mobile elevating work platforms (MEWPs)

There is a known risk when operating a MEWP, of accidentally driving the basket into a position which traps the operator between a fixed part of the structure and a fixed part of the machine, e.g. barrier, control panels etc. The Construction Industry Plant Safety Group has been researching the problem for a while and has now issued updated guidance.2

Further information:

https://www.shponline.co.uk/working-at-height/new-guidance-created-to-reduce-risk-of-entrapment-when-working-at-height/

Case law: Makeshift platform collapsed.

After workers used their initiative to overcome the lack of suitable access equipment on site, one of them fell five metres and fractured his spine and ribs. Renka Limited was ordered to pay fines and costs of just over £15,000.

Further information:

https://press.hse.gov.uk/2023/02/23/company-fined-after-worker-fractures-back-and-ribs-following-fall/

Case law: McLaren found guilty over contractor’s fatal fall.

A senior engineer who was inspecting a mobile building owned by motorsport giant McLaren, suffered a fatal fall whilst working alone. Mclaren Services, the client of the work, was found guilty of health and safety breaches as a result of the work taking place close to unguarded edges. The sentencing hearing is expected to take place on 31 March.

Further information:

https://www.bbc.co.uk/news/uk-england-berkshire-64788827

Case law: Siemens PLC fined £1.4million

Siemens PLC has been fined £1.4m after it was charged over a fatal accident. The case concerned an accident in 2017 when a technician was killed by a falling 650Kg motor.

Further information:

https://www.orr.gov.uk/search-news/siemens-fined-ps14m-after-orr-prosecution-following-death-contractor

Case law: People slept upstairs at petrol station

A business owner has been fined over £100,000 after it was found that people were sleeping on the premises without fire safety precautions in place.

Further information:

https://www.cornwall.gov.uk/council-news/communities-and-housing/petrol-station-that-put-lives-at-risk-ordered-to-pay-108-028-in-fines-and-court-costs/

Case law: Hand tangled around large drill

GE Aviation Systems Limited has been prosecuted for a breach of the Provision and Use of Work Equipment Regulations 1998, Regulation 8 (1), 11 (1) and 16 (1) in connection with an accident at a drill. The large drill lacked guarding and had no emergency stop device.

Further information:

https://press.hse.gov.uk/2023/01/25/company-fined-after-worker-seriously-injures-hand/

Case law: Diving fatality

A diving instructor has been sentenced to 50 hours of unpaid work after a student drowned. Failures related to equipment checks, supervision and rescue arrangements.

Further information:

https://press.hse.gov.uk/2023/01/25/diving-instructor-sentenced-after-student-dies-in-a-training-dive/

Case law: Transport risks were left uncontrolled

A company which operates the Iceland distribution centre in West Swindon has been fined £125,000 and ordered to pay £80,623 in costs after pleading guilty to breaching Section 2, Health and Safety at Work etc. Act 1974. An employee of GXO Logistics Services UK was injured when a vehicle hit a cage within the warehouse. It was also found to have breached the RIDDOR regulations.

Further information:

https://www.swindon.gov.uk/news/article/854/swindon_logistics_firm_fined_125000_for_serious_health_and_safety_breaches

Case law: Inexperienced teenage worker injured

A farmer has been prosecuted after giving work to two young workers without ensuring they had the training. One of them was seriously hurt when a dumper overturned.

Further information:

https://press.hse.gov.uk/2023/02/15/exeter-farmer-fined-after-teenage-worker-injured-on-dumper/

Case law: Work placement student killed

A recent case followed the death of a 17-year-old engineering student, Neil Graham, who was killed beneath a tractor he was working on. The machine rolled forward just after being started up by Neil’s work host, Gordon Brown. The tractor had a safety feature to prevent it being started when in gear but this had been by-passed prior to the machine arriving at the workshop. In court, both the work placement host and the owner of the vehicle were fined.

Further information:

https://www.hseni.gov.uk/news/hseni-investigation-death-17-year-old-engineering-student-fermanagh-leads-three-prosecutions

Case law: Choking risk was not managed

A court has heard how a resident with complex health needs died because care workers were not trained in her feeding plan. Shirley Breeze died after being fed a marshmallow which caused choking followed by two cardiac arrests and a seizure.

Further information:

https://www.copfs.gov.uk/about-copfs/news/housing-association-sentenced-for-failings-that-led-to-woman-s-death/

Case law: Fireworks set off when a lit firework landed in truck

A fireworks organiser has been prosecuted over a fire and explosions which occurred in a parked truck. A thin plastic sheet was all that protected the stored fireworks.

Further information:

https://www.bbc.co.uk/news/uk-england-dorset-64571618

Case law: Principal contractor and roofer in court

As a recent case highlights, safe access routes are needed for the entire route that a worker needs to take whilst working at height. Two companies collectively were fined £386,000 after poor planning of access routes led to workers passing by fragile materials before they could attach to a roof top fall arrest system. One of the workers fell 20 feet through a rooflight landing onto a suspended ceiling and breaking his ankle.

Further information:

https://press.hse.gov.uk/2023/02/10/two-companies-fined-more-than-380k-after-worker-fell-through-roof/

Case law: Roped access was not appropriate for type of work

A firm which sent workers to install lightning protection using roped access techniques rather than a scaffold or cherry picker, has been blamed for the subsequent fatal accident. Dennis Vincent fell along with the frame that he was using to lower a load whilst working for PTSG Electrical Services Limited. The company was fined £120,000.

Further information:

https://press.hse.gov.uk/2023/02/14/company-fined-120000-after-dad-fell-to-his-death-working-on-roof/

News - February 2023 - Legal Update

Mon, 06 Feb 2023 09:20:24 GMT

News: HSE alert to food manufacturers

Food and drink manufacturers are being warned of the hazard of inhaling Diacetyl, a flavouring and a by-product of coffee roasting.

Further information:

https://www.hse.gov.uk/safetybulletins/diacetyl-vapour-exposure.htm

News: ‘Menopause Leave’ rejected

The government will not go ahead with a recommendation to introduce "menopause leave" pilots in England. The measure was assessed as counterproductive. It also dismissed a recommendation to make menopause a protected characteristic under the Equality Act.

Further information:

https://www.bbc.co.uk/news/uk-politics-64381216

News: Sprinklers for care homes and second stairways for tower blocks?

Several amendments are proposed to Approved Document B (the fire safety guidance accompany the Building Regulations), including recommendations to mandate sprinklers in care homes and second staircases for new tower blocks over 30m in height.

Further information:

https://www.shponline.co.uk/news/government-opens-consultation-proposing-second-staircases-in-buildings-and-mandatory-sprinklers-in-care-homes/

News: Fire safety information requirements of landlords

Under the Building Safety Act landlords of high-rise residential buildings will need to provide fire safety information for residents. This guidance explains what it should cover:

https://www.hse.gov.uk/building-safety/safety-cases/building-info/index.htm

This guidance explains how to conduct routine checks on fire doors and provide information to residents.

Further information:

https://www.gov.uk/government/publications/fire-safety-england-regulations-2022-fire-door-guidance/fire-safety-england-regulations-2022-fire-door-guidance

News: Advice on E-scooter and E-bike charging

Some straightforward guidance on the charging of e-bikes and scooters has been published.

Further information:

https://www.fia.uk.com/news/charging-faq-for-e-bikes-and-scooters.html

News: Cameron House Inquiry Concludes

The Fatal Accident Inquiry has published its report into the fatal fire at a Loch Lomond-side hotel. There were a number of contributing factors including a lack of fire separation, a long delay before the fire alarm sounded, and inadequate procedures and drills.

Further information:

https://www.bbc.co.uk/news/uk-scotland-64236252

Case law: Failure to maintain building led to member of public fatality

Shopping centre managing agent, Cushman and Wakefield Debenham Tie Leung Limited, has been fined £200,000 by the Royal Institute of Chartered Surveyors after disciplinary action was taken against it. The company failed to maintain a roof-top plant room resulting in a wooden panel flying off in a storm and fatally striking a member of the public.

Further information:

https://www.bbc.co.uk/news/uk-england-birmingham-64249245

Case law: Pallet which had moved in transit, crushed driver

United Pallet Network (UK) Limited has been fined £94,667 after an employee was crushed by a one-tonne falling pallet of glass. Four pallets had not been properly secured before transit and as the employee attempted to rectify the problem, one of them fell breaking his neck in five places, and fracturing bones in his leg and feet. He has been left permanently disabled.

Further information:

https://press.hse.gov.uk/2023/01/23/man-left-permanently-disabled-after-being-crushed-by-tonne-of-glass/

Case law: Machine had been modified

Vita Cellular Foams (UK) Ltd pleaded guilty to breaching Section 2(1), Health and Safety at Work etc. Act 1974 and was fined £180,000 in connection with an accident in which a woman’s hand was drawn into a machine. The accident occurred because a vision window was added to the machine and it could be easily removed whilst the machine was powered, allowing access to moving parts.

Further information:

https://press.hse.gov.uk/2023/01/17/company-fined-180k-after-womans-hand-had-to-be-amputated/

Case law: Kier ordered to pay £4.4 Million

Kier has been prosecuted over two 11kV power line strikes within a year at an M6 project. The incidents were caused by plant working too close to lines. But the risk was made worse by the way that the events were dealt with, such as failing to immediately tell Scottish Power so that a cable was repeatedly reenergised whilst lying on a live motorway.

Further information:

https://press.hse.gov.uk/2023/01/13/civil-engineering-firm-fined-4m-following-m6-works/

Case law: Killed when excavator rotated

Birch Brothers (Kidderminster) Ltd, Principal Contractor, has been fined £146,000 after pleading guilty to breaching Regulation 27(1), Construction (Design and Management) Regulations 2015. The company allowed workers to stand on a roadway adjacent to where a digger was clearing out a trench box for them to access. The excavator rotated and fatally struck one of the men.

Further information:

https://press.hse.gov.uk/2023/01/20/146k-fine-for-company-after-joiner-crushed-to-death-by-20-tonne-excavator/

Case law: BT fined for unsafe highway works

BT has been prosecuted by Cumbria County Council after one of its sub-contractors carried out cabling work which obstructed the highway on a bend in the road and caused pedestrians to move into the road.

Further information:

https://cumbriacrack.com/2023/01/13/communications-giant-bt-fined-for-west-cumbria-road-safety-rule-breach/

Case law: Check sub-contractor competency

A recent case highlights how construction companies can be held responsible when a sub-contractor is not competent. The case concerned the death of a worker during unloading. The team included 17-year-old workers and others, none of whom were given guidance on how to carry out the work safely. The managing director of the firm who directly appointed the contractor watched without intervening as the incident unfolded. Both he and his company, alongside the principal contractor were prosecuted.

Further information:

https://press.hse.gov.uk/2023/01/20/director-given-suspended-prison-sentence-and-firms-fined-after-worker-dies/

News - January 2023 - Legal Update

Tue, 10 Jan 2023 09:15:44 GMT

News: Vehicle unloading accident

A common problem within the logistics industry is when loads move in transit, often creating additional risk to those unloading. This case concerns an accident caused by those circumstances which resulted in a fall and head injury to an employee.

Further information:

https://press.hse.gov.uk/2022/12/02/company-fined-after-fall-leaves-grandad-with-life-changing-brain-injuries/

News: Long Covid could be a disability

A Scottish employment tribunal has ruled that a man’s symptoms of long-COVID amount to a disability under the Equality Act 2010. The case does not mean that all cases are a disability but employers should consider the possibility when dealing with long-term or repeated sickness absence cases.

Further information:

https://www.ioshmagazine.com/2022/12/02/employment-tribunal-rules-equality-acts-disability-provisions-apply-dismissed-caretaker

News: Radon map updated

An updated radon potential map for Great Britain has been published. The maps are useful when evaluating the risk of radon within a premises.

Further information:

https://www.ukradon.org/information/ukmaps

News: Fire Safety (England ) Regulations 2022

On 23 January 2023 regulations come into force for buildings in England that include two or more domestic premises.

Further information:

https://www.gov.uk/government/publications/fire-safety-england-regulations-2022

News: Construction workers at high risk of suicide

A study has highlighted that there are 34 suicides per 100,000 construction workers, up from 24 seven years ago.

Further information:

https://www.shponline.co.uk/wellbeing/ons-study-reveals-construction-suicide-rate-increase-in-2021/

News: Fire evacuation strategies for high-rise residential blocks

The Home Office has published a review of current strategies by fire and rescue services for the evacuation of high rise buildings.

Further information:

https://www.gov.uk/government/publications/evacuation-from-fire-in-high-rise-residential-buildings-a-rapid-evidence-review/evacuation-from-fire-in-high-rise-residential-buildings-a-rapid-evidence-review#:~:text=The%20review%20found%20the%20availability,for%20high%2Drise%20residential%20buildings .

Case law: Worker contracted leptospirosis

An environmental clean-up company has been fined £126,100 after an employee contracted leptospirosis at a contaminated lake. There were no welfare facilities provided, making it more likely that workers would be made ill as a result of skin contamination. Amongst the charges was a breach of Regulation 20(1) of the Workplace (Health, Safety and Welfare) Regulations 1992, a relatively rare occurrence.

Further information:

https://www.shponline.co.uk/prosecutions/adler-and-allan-limited-fined-after-worker-contracts-blood-infection/

Case law: Operators of mobile platforms risk entrapment

A study has been published which evaluates the use of secondary guarding devices to prevent entrapment injuries by users of mobile elevating work platforms.

Further information:

https://www.hse.gov.uk/research/rrhtm/rr1180.htm

Case law: Asbestos surveyor fell through rooflight

An asbestos surveyor who went on to a fragile roof to take samples, fell through a rooflight and was seriously and permanently injured. His employer was then fined £200,000. The accident could have been avoided by having clear rules for safe work at height based on a risk assessment.

Further information:

https://press.hse.gov.uk/2022/12/22/company-fined-200000-after-employee-badly-injured-in-fall/

Case law: £858,000 fine for food producer

David Wood Baking Limited has been fined £858,000 after an employee’s arm had to be amputated after being drawn in to an industrial food mixer. The accident would have been prevented if the machine’s guarding and interlock devices had been intact.

Further information:

https://press.hse.gov.uk/2022/12/22/food-company-fined-858000-after-worker-loses-arm/

Case law: Floor collapsed whilst under construction

A building company, Lusson Ltd, has been fined £66,667 after a worker was injured when a floor that was under construction collapsed. The pallets of blocks loaded on to it caused a collapse whilst three people were also on it, causing one serious leg fractures.

Further information:

https://press.hse.gov.uk/2022/12/22/building-firm-fined-after-worker-hurt-falling-through-collapsed-floor/

Case law: Worker fell from fork lift truck

A food manufacturer has been fined after a worker was asked to help counterbalance an overloaded fork lift truck, resulting in a fall which caused serious injuries.

Further information:

https://press.hse.gov.uk/2022/12/15/confectionery-firm-fined-after-worker-is-injured-in-fall/

News - December 2022- Legal Update

Sun, 18 Dec 2022 08:54:07 GMT

News: HSE Statistics 2022

Statistics 2022. The HSE has published annual statistics for work-related ill health and workplace injuries based on data from a number of sources. Taking self-reported information on sickness it finds that cases of work-related stress, depression, or anxiety make up 51% of work-related illness in the country. Musculoskeletal injuries are the second most common cause.

The figures also show that 123 workers were killed in work-related accidents in 2021/22 and a further 565,000 workers sustained a non-fatal injury.

Further information:

https://www.hse.gov.uk/statistics/overall/hssh2122.pdf

News: Long-term sickness

Britain is getting sicker. The number of working-age adults who are not working due to long-term sickness has risen from 2 to 2.5 million in three years says the Office for National Statistics. Possible causes include NHS waiting times, long COVID, and the ageing workforce.

Further information:

https://www.ons.gov.uk/employmentandlabourmarket/peoplenotinwork/economicinactivity/articles/halfamillionmorepeopleareoutofthelabourforcebecauseoflongtermsickness/2022-11-10

News: Disabled workers

Supporting disabled workers. The HSE has launched new online guidance to help employers support workers with a disability or long-term health condition.

Further information:

https://www.hse.gov.uk/disability/best-practice/overview.htm?utm_source=press.hse.gov.uk&utm_medium=referral&utm_campaign=disabled-workers-principles

News: Roof battens

Non-standard roof battens. A safety alert warns that non-standard roofing battens, which are falsely coloured and/or stamped with BS 5534, are flooding the UK market.

Further information:

https://www.nfrc.co.uk/article/2022/11/04/nfrc-issues-safety-alert-urging-roofers-to-check-battens

News: Stone dust

Controlling stone dust. The second edition of the HSEs guidance “Controlling exposure to stone dust” is available below.

Further information:

https://www.hse.gov.uk/pubns/books/hsg201.htm

Case law: Excess hours causing stress for van drivers

Volkswagen has published a study that shows that van drivers work on average, additional hours, every other working day. 94% of the drivers interviewed felt overwhelmed by work in the last year. It’s thought to be causing significant mental health struggles.

Further information:

https://www.vwpress.co.uk/en-gb/releases/4869

Case law: Unfair dismissal over disability

Mears group has been ordered to pay nearly £1 million in damages to a former employee who claimed unfair dismissal. The claimant suffered a spinal cord injury and complained that the employer was unreasonably slow in implementing adjustments to enable her to work, and had denied her the opportunity to apply for a senior role.

Further information:

https://www.insidehousing.co.uk/news/news/social-housing-contractor-ordered-to-pay-former-employee-nearly-1m-in-disability-discrimination-case-79019

Case law: Eddie Stobart breached asbestos rules

Eddie Stobart has been fined £133,000 due to an incident in which asbestos fibres were spread around its site. The materials were disturbed when the remnants of an old building were uncovered during groundworks.

Further information:

https://press.hse.gov.uk/2022/11/08/eddie-stobart-fined-after-workers-exposed-to-asbestos/

Case law: Mould caused toddler death

A Coroner has concluded that two-year-old Awaab Ishak died as a result of a respiratory condition linked to prolonged exposure to mould in a housing association flat in Rochdale. The housing sector is being called upon to do what it needs to improve housing stock.

Further information:

https://www.bbc.co.uk/news/uk-england-manchester-63823400

Case law: £400,000 fine for driver’s death

A court has heard how a lorry driver was knocked from his trailer onto the ground when a crane collided with him. Arnold Laver & Company Ltd admitted failures in its risk assessments and that there was insufficient instruction and training in the use of the remote carne controls.

Further information:

https://press.hse.gov.uk/2022/11/09/transport-company-fined-after-driver-killed-loading-and-unloading-a-trailer/

Case law: Ground workers vibration injuries

Three cases of hand arm vibration syndrome have led to a Welsh health board receiving a £160,000 fine. Despite having its own occupational health team and identifying the cases at an early stage, no risk assessment or management system was put in place for vibrating hand tools.

Further information:

https://press.hse.gov.uk/2022/11/25/health-board-fined-160000-after-employees-diagnosed-with-hand-arm-vibration-syndrome/

Case law: Conviction for five deaths at work

In 2016 an accident at a midlands metal recycling site caused the death of five foreign workers. The men who had little English language were crushed by a 45-tonne loading bay wall which was unstable and had been stacked with 263 tonnes of material.

In court two directors and their companies have been found guilty of twelve health and safety charges and await sentencing.

Further information:

https://www.bbc.co.uk/news/uk-england-63663372

Case law: Maintenance error led to lost fingers

A scrap metal company has pleaded guilty to health and safety charges, specifically poor maintenance, which caused a worker’s serious hand injury with a ‘crocodile shear’.

Further information:

https://press.hse.gov.uk/2022/11/09/scrap-metal-company-fined-after-worker-loses-four-fingers/

Case law: Driver fatally crushed during unloading

A recent case highlights the need for loads to be stable on a vehicle independently of any load restraint straps. A man working for Joseph Ash Ltd was crushed by a pack of steel gates which fell three metres onto him when the load straps were released.

Further information:

https://press.hse.gov.uk/2022/11/07/two-companies-fined-after-driver-is-crushed-while-unloading-vehicle/

Case law: Inadequate extract ventilation testing: consultancy fined

Airtec Filtration Ltd has been prosecuted by the HSE after it found a lack of competency in its procedures over a long period of time. Those who have used the company’s services should arrange for another contractor to test extraction ventilation.

Further information:

https://press.hse.gov.uk/2022/11/07/ventilation-testing-company-fined-for-putting-hundreds-at-risk/

Case law: Worker crushed by excavator

The director of a demolition company has been ordered to do 250 hours of unpaid work after a 20-year-old worker was crushed whilst working too close to an excavator, leaving her with serious skull and facial injuries. Ace Demolition Services Ltd was also fined. The HSE found various concerns about the management of moving plant including a lack of training for staff who acted as signallers.

Further information:

https://press.hse.gov.uk/2022/11/28/demolition-firm-and-director-prosecuted-after-20-year-old-labourer-crushed/

Case law: £320,000 fine for crush at shared premises

A property management company and two tenants have been heavily fined over the unsafe management of roadways at Heathrow. The prosecutions followed a crush accident. The case shows how sub-letting and shared management can result in unclear responsibilities, resulting in poor safety management. It also shows how the HSE will pursue all parties if necessary.

Further information:

https://press.hse.gov.uk/2022/11/07/companies-given-six-figure-fines-after-hgv-driver-seriously-injured/

Case law: Member of public injured by plant

A company has been prosecuted over an accident in which an excavator reversed into a member of the public who was depositing waste rubble at its site.

Further information:

https://press.hse.gov.uk/2022/11/04/family-run-company-fined-after-member-of-public-is-crushed/

Case law: Scaffolder fell through rooflight

A scaffold company has been fined over unsafe working on a fragile roof, which resulted in a three-metre fall through a skylight and some serious injuries. The company was installing edge protection on a pitched asbestos cement roof for the safety of roof workers, but the way in which the work was carried out put the scaffolders themselves at risk.

Further information:

https://press.hse.gov.uk/2022/11/02/scaffolding-company-fined-after-worker-injured-in-fall-through-skylight/

Case law: Home builder receives £116,666

Mullberry Homes Limited has appeared in court after inspectors issued “several Notification of Contravention letters, Improvement and Prohibition Notices for work at sites in the North West. The case illustrates how companies need to apply requirements within the enforcement letters and notices across all sites to avoid the matters being escalated to court.

Further information:

https://press.hse.gov.uk/2022/10/31/blackburn-building-firm-fined-for-multiple-safety-failings/

Case law: 11,000 volt electric shock

A company, its construction manager and the driver of a concrete pump have each been prosecuted over unsafe work around overhead lines which led to a worker’s electric shock. The man had to be resuscitated and spent ten days in hospital after the pump which he was controlling came into contact with an 11Kv line.

Further information:

https://press.hse.gov.uk/2022/10/28/construction-company-and-two-workers-sentenced-after-worker-suffers-electric-shock/

News - November 2022- Legal Update

Thu, 17 Nov 2022 13:20:04 GMT

News: HSE – Waste and recycling sites

Inspection campaign – waste and recycling. The HSE will visit 500 waste and recycling sites over the winter of 2022/23. Whilst the particular focus of the campaign is machinery and workplace transport safety, other serious concerns will not be overlooked. Those in the sector can prepare by reading the guidelines being used by inspectors

Further information:

https://www.hse.gov.uk/foi/internalops/og/og-00100.pdf

News: Freight Containers

Toxic atmospheres in freight containers. Research has confirmed the potential for harm to port workers opening up freight containers at ports. Academics found examples of toxic and oxygen depleted atmospheres.

Further information:

https://press.hse.gov.uk/2022/10/19/freight-containers-potential-worker-exposure/

News: NCRQ

NCRQ qualification route at risk. A popular on-line learning supplier has gone into administration. Those who are using the NCRQ should keep up to date with developments as attempts are being made to enable the courses to continue under a different supplier.

Further information:

https://www.shponline.co.uk/safety-training-and-development/hatten-denied-permit-to-deliver-ncrq-learning/

News: Care Homes

Basic advice on PPE in Social Care. The government has issued a couple of leaflets for workers in adult social care services explaining which PPE to wear and how to use it safely.

Further information:

https://www.gov.uk/government/publications/covid-19-ppe-guide-for-adult-social-care-services-and-settings

https://www.gov.uk/government/publications/ppe-guide-for-non-aerosol-generating-procedures/guide-to-donning-putting-on-and-doffing-removing-ppe-non-agp-in-adult-social-care-settings-text-only-version

Further information:

https://press.hse.gov.uk/2022/10/14/company-fined-440000-after-security-guard-seriously-injured/

Case law

Accidental mixing of chemicals caused chlorine gas cloud. GEA Farm Technologies (UK) Ltd has been fined after releasing a cloud of toxic chlorine gas due to the mixing of concentrated sulphuric acid with 1600 litres of sodium hypochlorite solution. (Although in this case the accident happened at a chemical works, it illustrates the risks in any setting where substances are used in bulk).

Further information:

https://press.hse.gov.uk/2022/10/06/chemicals-company-fined-after-releasing-cloud-of-chlorine-gas-into-factory/

Man fell from the forks of a forklift truck. A Colchester based logistics company has been fined after an employee fractured his spine in a two-foot fall from the forks of a forklift truck.

Further information:

https://www.shponline.co.uk/prosecutions/reliable-shipping-limited-worker-broke-his-back-in-2ft-fall-from-forklift-truck/

Contractor caused serious accident to client’s employee. An engineering company has appeared in court after it left a gantry plate unsecured so that it collapsed beneath an unsuspecting employee of the client.

Further information:

https://press.hse.gov.uk/2022/10/11/contractor-fined-after-unsafe-work-leaves-food-factory-employee-seriously-injured/

Failure to take safety lessons from site to site. An £800,000 fine levied against Nestle for a conveyor belt accident, and the injuries to its employee, illustrate the potential consequences when risks identified at one site are not dealt with at all sites. This prosecution concerned an unguarded roller, and the incident had similarities with one which had led to a previous prosecution.

Further information:

https://press.hse.gov.uk/2022/10/20/nestle-fined-after-worker-suffers-injuries-at-chocolate-factory/

Machine unblocking accidents at Bernard Matthew’s. A £400,000 fine has been issued following two separate incidents at Bernard Matthew’s factory in which employees were seriously injured trying to clear blockages.

Further information:

https://press.hse.gov.uk/2022/10/13/400k-fine-for-bernard-matthews-after-health-and-safety-breaches-left-worker-paralysed/

Accelerant used on bonfire caught out worker. A court has heard how a worker who was asked to light a bonfire was unaware that a colleague had put petrol on the materials. The fire engulfed him, and his injuries required multiple skin grafts. In court, Kent County Surfacing Ltd pleaded guilty to breaching Regulation 15(8), Construction (Design and Management) Regulations 2015 and was fined £10,000 plus costs of £7,333.

Further information:

https://press.hse.gov.uk/2022/10/12/groundworks-contractor-fined-for-petrol-fire/

Home built access cradle was prohibited. A façade renovation company has been prosecuted over its dealings with HSE including obstructing an inspector and ignoring a prohibition notice which ordered them to stop using a site-made cradle.

Further information:

https://press.hse.gov.uk/2022/10/11/building-firm-fined-after-workers-were-put-at-risk-during-warehouse-renovation-and-for-breaching-prohibition-notice/

Fire safety errors at care home. The owners of a care home have been prosecuted after an incident in which a resident died while smoking.

Further information:

https://www.cheshirefire.gov.uk/news-events/latest-news/care-home-company-prosecuted-for-unforgiveable-fire-safety-failures

Hotel was banned from taking guests, but continued in business. A hotel owner has been fined £50,000 after ignoring a prohibition notice for serious fire safety failings. He also received custodial sentences, suspended for two years.

Further information:

https://www.fia.uk.com/news/london-hotel-owner-fined-for-breach-of-prohibition-notice.html

Poundland loses a few quid over asbestos mistakes. Poundland Limited has been ordered to pay fines and costs of £640,000 for asbestos risks at its Ipswich store.

Further information:

https://www.shponline.co.uk/prosecutions/ipswich-poundland-fined-over-asbestos-failings/

Public safety mistakes of retailer tally up £1 Million bill. Top Shop and its former owner, Arcadia Group have been fined a total of £1 million over a disastrous queue barrier system seriously injured one child and then killed another at the other end of the country six days later. The judge stated that once the company was aware of the first accident it had no coherent strategy to coordinate its effort to prevent a further one.

Further information:

https://www.bbc.co.uk/news/uk-england-berkshire-63244444

No work at height precautions. An engineering company has been fined £20,000 after a worker fell four metres whilst replacing parts of a petrol station canopy. No precautions were taken to prevent falls through or from the structure.

Further information:

https://press.hse.gov.uk/2022/10/21/company-fined-20000-after-worker-fell-through-station-canopy/

HSE loses its patience over repeated fire risk on site.

S&S Quality Building Contractors Limited has been fined £600,000 plus costs of £36,894 after years of problems uncovered by HSE inspections. The firm’s director Shlomo Pines was also sentenced to 100 hours of unpaid work and fined £4,200 due to his personal lack of action to deal with unsafe working practices.

Further information:

https://press.hse.gov.uk/2022/10/26/building-contractor-and-director-fined-after-fire-risk-failings/

News - October 2022- Legal Update

Wed, 19 Oct 2022 12:11:52 GMT

News: HSE – Silica dust

Silica dust. From 1 October HSE inspectors will be out and about visiting manufacturing businesses using stone or working with tiles and bricks. The purpose is to check control measures to protect workers’ respiratory health.

Further information:

https://press.hse.gov.uk/2022/09/07/hse-guidance-refreshed-to-support-brick-tile-and-stone-manufacturing-firms-to-reduce-the-risk-of-work-place-silicosis/

Health surveillance for those working with silica dust. This information sheet explains what to expect from a health surveillance provider investigating potential silicosis and chronic obstructive pulmonary disease.

Further information:

https://www.hse.gov.uk/pubns/guidance/g404.pdf

News: HSE – Manual Handling

Manual handling in construction. HSE inspectors will be carrying out inspections in October and November checking how workers are moving heavy or bulky materials. Inspectors hope to reduce the 40,000 muscular-skeletal injuries which happen every year in the UK construction industry.

Further information:

https://press.hse.gov.uk/2022/09/27/hse-launches-campaign-to-combat-serious-aches-pains-and-strains-in-construction/

News: General Product Safety

Summary of product safety law. This House of Commons Library briefing paper provides an overview of the current product safety regime in the UK.

Further information:

https://commonslibrary.parliament.uk/research-briefings/cbp-8211/

News: Care Homes

Using oxygen within care homes. This guidance document from the British Compressed Gases Association (BCGA) sets out the industry expectations for the control of medicinal oxygen within care homes.

Further information:

https://bcga.co.uk/publications/gn46-medical-gases-safe-management-of-oxygen-in-care-homes/

News: Fire

Safety alert; Defective fire dampers. The Building Engineering Services Association (BESA) is concerned at reports of a huge number of fire dampers being incorrectly installed, meaning that they’ll malfunction in the event of fire leading to more rapid spread of fire. Fire dampers are an essential element found within larger structures and are fitted to ductwork to prevent fire from spreading through the system. Organisations and businesses who think they could be affected should have their dampers inspected by a competent engineer.

Further information:

https://www.shponline.co.uk/fire-protection/besa-updates-guidance-on-fire-dampers-after-finding-critical-number-of-incorrect-installations/

Fire hazard from E-bike chargers. The charity, Electrical Safety First, says that dangerous e-bike chargers are widely available via online sales platforms. The fire dangers from e-bike chargers has already been highlighted by London Fire Brigade, therefore businesses should think carefully about e-bike charging facilities so that escape routes in buildings are not compromised.

Further information:

https://www.electricalsafetyfirst.org.uk/media-centre/press-releases/2022/09/dangerous-e-bike-charging-devices-for-sale-online-via-amazon-marketplace-ebay-wish-com-aliexpress-charity-warns/

News: Mental Health

Half of UK workers have poor mental health. A study shows that almost half the UK workforce has poor mental health, partly as a result of worsening mental health during the pandemic.

Further information:

https://hrnews.co.uk/nearly-half-of-the-uk-workforce-say-their-work-is-suffering-due-to-poor-mental-health/

Case law

6 metre fall through fragile roof. A court has heard how an employee was sent onto a roof to install bird deterrent spikes, following which he fell through a fragile roof. No risk assessment or safe system of work had been prepared to control the work.

Further information:

https://press.hse.gov.uk/2022/09/21/engineering-company-hit-with-fine-after-man-installing-bird-deterrent-spikes-fell-from-roof/

Lost little finger. A manufacturer has appeared in court over an accident in which an employee lost her little finger. It was normal practice to test run motors at the end of the production line. But there was no guarding or safe system of work.

Further information:

https://www.shponline.co.uk/prosecutions/parvalux-electric-motors-prosecuted-after-employee-severs-finger/

Hand-arm vibration

Two partners in a construction firm have been personally fined after an employee suffered hand-arm vibration syndrome. There was no assessment of risk and no health surveillance programme.

Further information:

https://press.hse.gov.uk/2022/09/22/firm-failed-to-control-risks-to-employees-from-vibration/

Run down whilst clearing manholes. A site manager and a plant hire manager have been prosecuted along with two companies in connection with the death of a worker. The 18-year-old construction worker who died, had been clearing manholes on a roadway when he was crushed by a moving vehicle.

Further information:

https://press.hse.gov.uk/2022/09/06/companies-and-employees-sentenced-after-18-year-old-workers-death/

Hand severed in machine. A company has been fined £115,000 after an employee’s hand was severed during maintenance work, leading it to be reattached but leaving the man with a long-term disability. The cause of the accident was allowing work to take place in an enclosure whilst machines were live and a lack of safe procedures.

Further information:

https://press.hse.gov.uk/2022/09/20/firm-fined-115000-after-workers-hand-was-cut-off-in-machine/

Killed in roof fall. A roofing contractor has been given a suspended prison sentence after a roofer was killed. The root cause of the accident was that there was no safe means of transporting materials to and from the roof, resulting in slates being carried by hand whilst climbing and descending ladders.

Further information:

https://press.hse.gov.uk/2022/09/02/roofing-contractor-fined-after-worker-falls-from-a-roof-and-dies/

News - September 2022- Legal Update

Thu, 15 Sep 2022 12:27:18 GMT

News: Smoke and Carbon Monoxide

Smoke and CO detection in rented homes. The Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 come into force on 1st October 2022. The regulations apply in England to private sector and social landlords who will be required to increase coverage of heat/ smoke alarms and install a carbon monoxide alarm where there are fixed combustion appliances (excluding gas cookers). The regulations also include a repair duty.

Further information:

https://www.gov.uk/government/publications/smoke-and-carbon-monoxide-alarms-explanatory-booklet-for-landlords/the-smoke-and-carbon-monoxide-alarm-england-regulations-2015-qa-booklet-for-the-private-rented-sector-landlords-and-tenants

News: Fire Incidents

Fire incidents in England. Fire and Rescue Service data for the last year show that of the incidents attended, fires accounted for 26%, fire false alarms 40% and non-fire incidents 34%.

Further information:

https://www.gov.uk/government/statistics/fire-and-rescue-incident-statistics-england-year-ending-march-2022

News: Crane Safety

Crane slewing brakes. HSE research into safety of cranes reveals that crane failure is often linked to the crane slewing brake being left on when the crane is out of service.

Further information:

https://www.hse.gov.uk/research/rrhtm/rr1172.htm

Case law

Dyson fined £1.2 million for lifting accident. Dyson has been fined £1.2million after an employee was struck by a 1.5 tonne milling machine. The accident happened when two employees were moving a large computer controlled milling machine using jacks and rollers.

Further information:

https://press.hse.gov.uk/2022/08/03/dyson-fined-1-2m-after-worker-injured-by-machine/

Employee drawn into lathe. A recent prosecution took place after an accident with emery cloth at a rotating lathe. The system of work adopted at the workplace was one that the HSE has banned for some time.

Further information:

https://press.hse.gov.uk/2022/08/01/engineering-firm-fined-after-worker-is-pulled-into-manual-metal-working-lathe/

Client fined £300,000 over fatal roof fall by contractor. A flooring retailer has been heavily fined after allowing a contractor to work in a blatantly unsafe manner, resulting in the death of a contractor who fell through a fragile cement roof.

Further information:

https://press.hse.gov.uk/2022/07/27/flooring-company-fined-300000-after-worker-dies-in-fall/

Man fell from forks. Staircraft Group Ltd, has been fined £200,000 over an accident in which an employee fell during window cleaning. The employee had been lifted on a stillage which was carried by a fork lift truck.

Further information:

https://press.hse.gov.uk/2022/08/05/company-fined-after-worker-falls-from-a-fork-lift-truck-while-cleaning-windows/

Exposed to paint stripper fumes in basement. Brick Restoration Ltd and its two directors have been sentenced following the death of a construction worker who was overcome by dichloromethane vapour whilst working in a London basement.

Further information:

https://press.hse.gov.uk/2022/07/21/dcm-vapour-killed-a-construction-worker/

Builder gets suspended jail sentence over fall. Missing guard rails and a large quantity of construction materials stored on a scaffold, each contributed to an accident in which a construction worker died, a court has heard.

Further information:

https://press.hse.gov.uk/2022/07/15/suspended-jail-term-for-builder-after-worker-fatally-injured-in-fall/

Bus crush at Stagecoach. Stagecoach Devon Limited has been fined £380,000 plus costs of £18,000 after an accident in which a worker was crushed during a reversing manoeuvre. There were insufficient trained banksmen or other precautions at the company’s bus depot.

Further information:

https://press.hse.gov.uk/2022/08/09/employee-crushed-by-bus-suffers-life-changing-injuries/

Cargo handler fined £200,000. The prosecution of Portico Shipping Limited illustrates the importance of supervising the night shift. The case was heard after a man was fatally crushed between shipping containers. It was found that night shift workers ignored safe systems of work such as pedestrian walkways and safety measures required when manoeuvring containers.

Further information:

https://press.hse.gov.uk/2022/08/15/cargo-handling-company-sentenced-after-worker-crushed-between-shipping-containers/

Waste management company fined for contractor’s fall. Hills Waste Solutions Limited was prosecuted after an experienced contractor fell from plant and was killed at its Westbury site.

Further information:

https://press.hse.gov.uk/2022/08/18/waste-management-company-fined-190000-after-fatal-fall/

Child accessed construction site. Howard Civil Engineering Ltd has been fined £600,000 for the death of a young child that fell into a vertical pipe and suffocated. The seven-year-old had become trapped in the pipe when playing on the site adjacent to an existing housing development.

Further information:

https://press.hse.gov.uk/2022/08/04/construction-company-fined-600k-after-death-of-seven-year-old/

Machine guarding faults. After workers suffered hand-injuries at poorly guarded machinery, Midland Steel Reinforcement Supplies (UK) Limited has been fined £450,000 plus costs.

Further information:

https://press.hse.gov.uk/2022/07/15/company-fined-for-multiple-safety-failings/

Warehousing Company Fined Over Poor Safety Standards. Poor safety standards including for work at height have landed B2C Retail Limited with a £40,000 fine. The prosecution took place after sole director Mr Kempiak refused to accept a caution in relation to the offences, and after he also declined an interview.

Further information:

https://www.salford.gov.uk/your-council/news/warehouse-company-fined-for-multiple-dangers/

Work at height on mobile cranes. The Construction Plant-hire Association has published updated guidance concerning work at height on mobile cranes.

Further information:

https://www.cpa.uk.net/downloads/84/CPA-CIG0701-GuidanceNote-WAH-on-mobile-cranes-A-070901.pdf

£3.6 million fine for electrical accidents. A mining company has been fined after two electricians suffered severe burns due to failures in the isolation of power supplies. Cleveland Potash Limited ordered to pay £3.6 million plus costs of £185,000.

Further information:

https://press.hse.gov.uk/2022/08/03/mining-company-fined-after-electricians-sustain-burns/

News - Summer 2022- Legal Update

Mon, 22 Aug 2022 09:37:43 GMT

News: HSE

New and expectant mothers risk assessments. The HSE has emphasised that an individual risk assessment is required for all workers who are new or expectant mothers. This is significant because a civil case heard at the Employment Appeal Tribunal in 2010 had suggested that this may not be needed in low-risk environments.

Further information:

https://www.hse.gov.uk/mothers/employer/index.htm

Annual statistics for workplace fatalities. The HSE has published its fatal accidents at work statistics for the year 2021/22. The total number of workers killed at work was 123 which is roughly the average over several years.

Further information:

https://press.hse.gov.uk/2022/07/06/workplace-fatality-figures-published/

Compressed air for cleaning metal components. Researchers have shown the danger of using compressed air to clean metal components. This paper identifies safer methods to adopt:

Further information:

https://www.hse.gov.uk/research/rrhtm/rr1171.htm

Construction dust HSE campaign. Inspectors are visiting construction sites through the summer, focussing on dust control, including respirable crystalline silica and wood dust.

Further information:

https://press.hse.gov.uk/2022/06/06/health-and-safety-executive-supports-workers-health-at-great-britains-construction-sites/

Further information:

https://press.hse.gov.uk/2022/07/06/workplace-fatality-figures-published/

Asbestos-related deaths. The HSE says that there are more than 5000 deaths per year in Great Britain linked to asbestos.

Further information:

https://www.hse.gov.uk/statistics/causdis/asbestos-related-disease.pdf

HSE will inspect schools for their asbestos management. The HSE will be carrying out a programme of inspections to primary and secondary schools in England, Scotland, and Wales from September 2022 onwards checking that asbestos containing materials are being responsibly managed.

Further information:

https://www.london-fire.gov.uk/news/2022-news/june/shepherd-s-bush-high-rise-fire-caused-by-e-bike-prompts-safety-warning-from-firefighters

Wood dust in the spotlight. After a recent project, a specialist HSE inspector has given some tips on the management of wood dust exposure within businesses.

Further information:

https://solutions.hse.gov.uk/resources/case-studies/sme_wood_dust_exposure_risks

Motor vehicle repairs: HSE concerns. The HSE has raised concerns about the risk of poorly supported vehicles collapsing whilst being worked beneath, and secondly exposure to Dichloromethane (DCM) during wheel stripping. This bulletin gives tips on incident prevention.

Further information:

https://content.govdelivery.com/accounts/UKHSE/bulletins/31e2c5d

Safety case reports for high-rise blocks. The HSE has published updated pages on safety information required for the safety case reports needed soon for high-rise residential buildings.

Further information:

https://www.hse.gov.uk/building-safety/safety-cases/building-info/index.htm

News: Health

Fit-note reform. From 1 July 2022 nurses, occupational therapists, pharmacists, and physiotherapists are able to legally certify fit notes. It is hoped that these changes will make it simpler to issue and obtain fit notes.

Further information:

Fit note - GOV.UK (www.gov.uk)

News: Building Regulations

Building Regs Approved Document B, Fire Safety. Amendments were made in June 2022 to Approved Document B, the fire safety guidance supporting the Building Regulations in England and Wales. It does not apply retrospectively

Further information:

https://www.gov.uk/government/publications/fire-safety-approved-document-b

News: Ladders

80% of telescopic ladders unsafe. The Ladder Association says that 80% failed of the telescopic ladders available to purchase in the UK, fail to meet required standards.

Further information:

https://www.ioshmagazine.com/2022/06/16/ladder-association-study-steps-campaign-remove-unsafe-telescopic-ladders-market

Ladder guidance. The HSE has added to its web-advice for using ladders safely. It now includes:

more detail on competency, and what that means for ladder users and those managing ladder use on site
key safety advice for using telescopic ladders
practical tips for using combination and multi-purpose ladders
good practice for securing ladders

Further information:

https://www.hse.gov.uk/work-at-height/ladders/index.htm

News: The UKCA mark

The UKCA mark. The UK government has introduced various changes to reduce bureaucracy around product safety certification.

Further information:

https://www.gov.uk/government/news/government-to-make-it-simpler-for-businesses-to-apply-new-product-safety-markings

News: Chemical

Glyphosate is ‘not a carcinogen’. The European Chemicals Agency has confirmed that glyphosate will retain its current hazard classification, i.e. “causing serious eye damage” and “toxic to aquatic life”, but there is not the evidence to justify a classification of “carcinogen”.

Further information:

Glyphosate - ECHA (europa.eu)

News: Team Building

Beware extreme team building. A recent incident in which 25 staff were burned when doing a ‘fire walk’ highlights the corporate liability of away days.

Further information:

https://www.shponline.co.uk/safety-management/employee-away-days-where-does-the-duty-of-care-lie/

Case law:

Asbestos contaminated whole building. Two former directors of a construction company have been fined for asbestos removal without precautions at a former department store.

Further information:

https://press.hse.gov.uk/2022/06/08/former-construction-company-directors-sentenced-for-failing-to-prevent-exposure-to-asbestos/

Asbestos mismanaged. A director has appeared in court alongside his company, as the second defendant, after it was found that asbestos was in a dangerous condition. There was an asbestos management plan, but the materials were not being looked after to avoid damage including a lack of monitoring of condition.

Further information:

https://press.hse.gov.uk/2022/07/12/director-and-companies-fined-for-failing-to-manage-the-risk-of-asbestos/

Man was pulled into paddle mixer. A director of a company which makes garden ornaments has been personally fined and barred from acting as a company director for seven years after an employee was dragged into an unguarded machine and seriously injured.

Further information:

https://press.hse.gov.uk/2022/06/13/company-and-director-fined-after-worker-sustained-life-changing-injuries/

Confined spaces deaths. Greenfeeds Limited, an agricultural feed company, has been found guilty of corporate manslaughter after two employees drowned in a tanker of semi-liquid pig feed. Six tonnes of waste food left in the tanker was giving off carbon dioxide gas causing the man sent in to clean it to collapse and drown. A colleague who tried to save him also drowned. No confined space working precautions had been implemented despite numerous warning signs and direct complaints by staff.

The firm which is now in liquidation was fined £2 million and two directors were jailed, one of them for 13 years.

Further information:

https://www.bbc.co.uk/news/uk-england-leicestershire-61824263

Care Provider fined £1.5 million over choking accident. The Care UK Community Partnerships Ltd, has been fined over the death of a resident who choked to death at Mill View care home in East Grinstead. The man had been identified as being at risk of choking and should have had a special diet.

Further information:

https://www.bbc.co.uk/news/uk-england-sussex-61757206

Carlsberg ‘probably not the best in the world’. Carlsberg’s crown has slipped after it was fined £3 million in connection with the death of a contractor. It had an ammonia gas leak at one of its breweries during the removal of a compressor from a refrigeration system, affecting many people on site and killing one of them.

Further information:

https://press.hse.gov.uk/2022/06/28/carlsberg-fined-3m-following-2016-ammonia-gas-leak/

Pilkington’s fragile roof fall. NSG Pilkington (UK) Ltd has pleaded guilty in court over charges relating to a worker’s fall through a fragile roof. The man fractured a vertebra alongside other life-changing injuries when he stepped from a load bearing roof to a fragile one.

Further information:

https://press.hse.gov.uk/2022/06/23/glass-company-fined-80000-after-worker-injured-in-fall-from-height/

Client in court for contractor’s fall. Floors ’n’ Carpets Ltd of Blackburn has been fined £96,000 and ordered to pay more than £36,000 in costs in connection with a contractor’s fall. It had allowed the firm to work without the required protection when over cladding the roof and had not checked there was a construction phase plan before work was allowed to start.

Further information:

https://press.hse.gov.uk/2022/06/20/warehouse-owner-fined-after-worker-falls-30-feet-through-skylight/

Hermes fined £850,000 for training fatality. Hermes Parcelnet Limited has been fined £850,000 after an employee sustained fatal injuries while undergoing training in the use of a trailer mover. The trainer did not follow the training plan, and there were flaws in the supervision arrangements.

Further information:

https://www.copfs.gov.uk/about-copfs/news/transport-company-fined-850-000-for-failings-that-led-to-man-s-death/

Man lost hand in machine. A manufacturing company has been prosecuted over an accident in which an employee reached into a machine which was still running, due a defect interlock safety device.

Further information:

https://press.hse.gov.uk/2022/07/07/manufacturing-company-fined-after-worker-loses-part-of-hand/

£1 million fine for electrical explosion. B&M Retail Ltd has been fined after an electrician suffered serious burns. The accident happened due to poor management of a complex electrical task, resulting in equipment being live when it ought to have been made dead.

Further information:

https://press.hse.gov.uk/2022/07/20/retailer-and-electrical-contracting-company-fined-after-electrician-sustains-serious-burns-in-warehouse-explosion/

Recycling boss jailed for manslaughter. Stephen Jones, who owns a recycling company has been handed a nine year custodial sentence for gross negligence manslaughter in connection with the death of an employee who fell into the hopper of a waste compactor whilst lone working.

Further information:

https://www.mrw.co.uk/news/recycling-boss-guilty-of-manslaughter-jailed-for-nine-years-18-07-2022/

Wall collapse. A building company has been fined £40,000 after the unsupported gable wall of a house collapsed on to a neighbouring property leaving a resident with a fractured sternum and collarbone.

Further information:

https://press.hse.gov.uk/2022/07/06/company-fined-after-gable-wall-collapses/

Contractor jailed for fragile roof fall. The owner of a roofing company has been jailed for four months after a worker fell three metres and fractured his body in multiple places.

Further information:

https://press.hse.gov.uk/2022/07/07/roofing-boss-jailed-for-four-months-after-worker-fractures-skull/

Lack of maintenance for lift platform lands building owner in jail. A building owner has been jailed for a year after an employee was left paralysed when a hoist platform, he was working from plummeted from the third floor to ground level.

Further information:

https://press.hse.gov.uk/2022/07/15/building-owner-jailed-after-worker-left-paralysed/

Health care providers in court. Two recent prosecutions targeted healthcare providers whose residents got out of the premises and put themselves in danger. Cwm Taf Morgannwg Health Board was fined £850,000 plus costs for not preventing patients absconding. One of them slipped on ice and received a fatal head injury.

In the second example a care home has been fined £100,000 after a 70-year-old resident “overcame” a safety restrictor and fell from a window.

Further information:

https://press.hse.gov.uk/2022/07/08/health-board-fined-following-the-death-of-an-elderly-patient-and-failure-to-comply-with-an-improvement-notice/

https://www.bbc.co.uk/news/uk-england-norfolk-62080859

Importer sold unsafe fireworks. An imports company has been prosecuted after fireworks wrongly labelled with a safety mark were found to be on sale. In court, Fast Line Imports Limited pleaded guilty to three offences under the Pyrotechnic Articles (Safety) Regulations 2015. The product contained ingredients not listed on the label, had no conformity assessment and the company failed to cooperate with Trading Standards to tell them which wholesalers had been sold the stock.

Further information:

https://www.yorkpress.co.uk/news/20235139.fastline-imports-fined-sending-unsafe-fireworks-sale-north-yorkshire

Cursory risk assessment contributed to unfair dismissal. An employee has won his case for unfair dismissal after he was dismissed for wearing a cross on a chain which he had been told not to. A manager at 2 Sisters Food group had carried out a risk assessment in relation to the cross and ruled it to be unsafe in the food production area. The tribunal felt the decision and process was not proportionate.

Further information:

https://www.ioshmagazine.com/2022/07/22/worker-unfairly-dismissed-after-cursory-risk-assessment-banned-crucifix-necklace

News - May 2022- Legal Update

Sun, 29 May 2022 08:06:50 GMT

News: Coronavirus

Long Covid. The Office for National Statistics (ONS) estimates that 1.5 million people in the UK were experiencing symptoms of long COVID at the end of January 2022. 71% of the reports said they had the symptoms for 12 weeks or more and of these, 65% said it was adversely affecting day-to-day activities.

Further information:

https://www.shponline.co.uk/occupational-health/impact-of-long-covid-on-the-uk-workforce/

CIPD guidelines. The CIPD has published a number of guides aimed at employees and employers.

Further information:

https://www.cipd.co.uk/knowledge/fundamentals/relations/absence/long-covid-guides

COVID – Site Operating Procedures. Employees that are not fully vaccinated when travelling for work, have testing rules to follow according to their job role. Employers will need to familiarise with the current rules, ensure that staff understand testing requirements, and take reasonable steps to support them in taking these tests. For those with more than 50 employees, this is a legal duty.

Further information:

https://www.constructionleadershipcouncil.co.uk/news/site-operating-procedures-version-9/

News: PPE

New legislation - PPE amendment regulations. From 6 April, employers must supply PPE, provide instruction and training for workers known as “limb (b)” workers. The term Limb (b) includes those who are not employees but are contracted to provide a service or those on a more casual work contract. This article explains the change in more detail.

Further information:

https://www.shponline.co.uk/ppe/ppe-at-work-regulations-to-be-updated/

https://www.hse.gov.uk/ppe/ppe-regulations-2022.htm

News: Fire

Fire safety breaches. The owner of an office building has been fined £40,000 over repeated and multiple fire safety breaches. The Fire Risk Assessment had not been reviewed in a four-year period, fire doors and the external fire escape were in a poor state of repair and there was an inadequate fire alarm system. There was also no evidence of maintenance of fire equipment such as the alarm and emergency lighting.

Further information:

https://www.shponline.co.uk/fire-safety-and-emergency/40k-fine-for-landlord-over-non-compliance-of-fire-regulations/

News: HSE

Woodworking inspections. The HSE is running an inspection campaign on wood dust. Exposure to wood dusts can cause occupational lung disease including asthma and nasal cancer amongst carpenters and joiners. Those with wood-based manufacturing businesses in particular should expect a visit.

Those affected are advised to check essential safety matters such as machinery guarding, the operation and use of extraction equipment, and make sure that wood dust is getting cleaned up frequently using a commercial grade vacuum cleaner of medium or high hazard classification.

Further information:

https://www.hse.gov.uk/pubns/guidance/wd0.pdf

Outdoor electrics. After some fatal accidents, the HSE is reminding pubs, restaurants and other hospitality venues to make sure electrical installations in outdoor spaces are safe. Local authority inspectors may be checking higher risk premises.

Further information:

https://press.hse.gov.uk/2022/04/05/hospitality-venues-urged-to-arrange-checks-for-outdoor-installations-ahead-of-busy-period/

Case law

Top Shop to blame for child’s death . Top Shop/ Top Man and Arcadia Group have both been found guilty of safety breaches connected with a fatal accident. A ten-year-old boy was crushed by a 110Kg queue barrier which fell on him because it was fixed with inadequate screws. Stoneforce Ltd, which was contracted to fit the barriers, had earlier pleaded guilty to failing to discharge a health and safety duty.

Further information:

https://www.shponline.co.uk/in-court/topshop-and-arcadia-guilty-of-safety-breaches/

Ladder fall. The Clarendon Food Company has been fined £40,000 after an employee fell whilst attempting to install a security camera from a step ladder.

Further information:

https://press.hse.gov.uk/2022/04/20/food-manufacturing-company-fined-after-worker-falls-from-ladder/

Worker lost fingers in machine which had been altered. A soft furnishings company has been fined after an employee came into contact with moving machinery due to safety devices being disabled and a lack of training.

Further information:

https://press.hse.gov.uk/2022/04/21/soft-furnishings-company-fined-after-employee-injured-by-unguarded-machinery/

Worker burned when flammable vapour exploded. A chemical company has been prosecuted after an employee suffered burns as a batch of hairspray was being mixed. Robert McBride Ltd was fined £480,000 after pleading guilty to breaching Regulation 6(1) of the Dangerous Substances and Explosive Atmospheres Regulations 2002.

Further information:

https://press.hse.gov.uk/2022/04/07/chemical-company-fined-after-worker-suffered-burns/

Fall from shipping container. A haulage company has been fined £200,000 over a worker’s fatal fall from the rear of a transport shipping container. The container was on the back of a trailer when the employee fell approximately 1.5 metres.

Further information:

https://press.hse.gov.uk/2022/03/31/company-fined-after-worker-died-following-fall-from-shipping-container/

Gas trap left for new owner. A company that refurbished a property for sale left an open gas pipe which released gas into the home when the new owner switched on the boiler. He sustained burns as the gas ignited.

Further information:

https://press.hse.gov.uk/2022/04/04/property-management-company-fined-following-a-gas-explosion/

Wall collapse. A company has been fined after materials deposited on site caused a wall to collapse, seriously injuring a child on the adjacent footpath.

Further information:

https://www.shponline.co.uk/in-court/gurmit-properties-limited-fined/

Child trespasser was killed on construction site. A court has heard how a lack of security on a construction site allowed a seven-year-old to get onto site. He slipped into a vertical pipe designed to contain fence posts, and as his clothing rucked up it he slipped further down and his breathing was impaired causing asphyxiation. Howard Civil Engineering Ltd has pleaded guilty to two health and safety charges in connection with the death at one of its construction sites in Barnsley. Sentencing is due to take place in May 2022.

Further information:

https://www.bbc.co.uk/news/uk-england-south-yorkshire-60877151

News - April 2022- Legal Update

Sun, 29 May 2022 08:02:01 GMT

News Coronavirus

End to mandatory vaccination. Regulations revoking mandatory vaccinations for health and social care settings, came into force on 15 March 2022.

Further information:

https://www.gov.uk/government/publications/vaccination-of-workers

Venues and events. The government has updated its guidance for those who wish to use NHS COVID passes and negative test results as a prerequisite for entry to a venue or event.

Further information:

https://www.gov.uk/guidance/carrying-out-covid-19-status-checks-at-your-venue-or-event

Travel. Employees that are not fully vaccinated when travelling for work, have testing rules to follow according to their job role. Employers will need to familiarise with the current rules, ensure that staff understand testing requirements, and take reasonable steps to support them in taking these tests. For those with more than 50 employees, this is a legal duty.

Further information:

https://www.gov.uk/guidance/coronavirus-covid-19-employer-testing-duty

News: PPE

New legislation - PPE amendment regulations . Regulations have been published which will amend the Personal Protective Equipment at Work Regulations 1992 (PPEWR). The result will be that certain self-employed workers who were not previously entitled to free PPE, will need to be provided with it by the business that they work for.

The Personal Protective Equipment Work (Amendment) Regulations 2022 (PPER 2022) extend the duties contained in regulations 4 to 11 of the PPER 1992 from employees to workers, and to update cross-references to other legislation. As defined in the regulations, a “worker” means an individual who has entered into works under: (a) a contract of employment; or (b) any contract, whereby the individual undertakes to do or perform personally any work or services for another party.

What does this mean? If you’re engaging anyone to complete work on your behalf, if the requirement to wear PPE is identified in a risk assessment, you must provide this to all “workers” free of charge.

Further information:

https://www.legislation.gov.uk/uksi/2022/8/contents/made

News: Fire

London, Whitechapel, tower block fire. It was observed that a fire at a block of flats in Whitechapel spread externally from the 17th floor, due to timber within the balcony structures. A full investigation report is pending

Further information:

Major fire at block of flats and offices in Whitechapel (ifsecglobal.com)

Uninterruptable power supply fire risk. A safety alert has been issued by the HSE after a number of incidents of fire caused by a lack of maintenance of uninterruptable power supply (UPS) systems. It’s concerned that users are given the impression of the system having a lifespan expectation with no maintenance when some components have a life expectancy which is lower than the whole system.

Further information:

https://www.hse.gov.uk/safetybulletins/ups-systems-industrial-maintenance.htm

Lessons from the Glasgow School of Art fire. The Scottish Fire and Rescue Service has published a report into the 2018 fire at The Glasgow School of Art. It will be useful for those carrying out or commissioning construction work with various pointers on how to reduce fire risk particularly so as to protect property.

Further information:

https://www.firescotland.gov.uk/news/2022/january/publication-of-investigation-report-into-june-2018-fire-a-the-glasgow-school-of-art/

News: COSHH

Woodworking guidance. The HSE says has published updated woodworking COSHH Essentials guidance documents.

Further information:

https://www.hse.gov.uk/coshh/essentials/direct-advice/woodworking.htm

News: Driving

Mobile phones and driving. A wider ban on using hand-held mobile phones and similar devices while driving came into effect on 25 March 2022. It will make it illegal to access other apps such as the camera or watch TV etc. whilst driving.

Further information:

Transport Secretary declares zero tolerance for phone use behind the wheel as law changes today - GOV.UK (www.gov.uk)

Roadside recovery of electric vehicles. The government has published guidance on the hazards of roadside recovery of electric and hybrid vehicles.

Further information:

https://www.gov.uk/government/publications/recovery-operators-working-with-electric-vehicles

News: Child Safety

Button and coin batteries. Businesses who manufacture, import, distribute or sell any products using button or coin batteries should follow new government guidance so as to protect young children who are at risk of swallowing them.

Further information:

https://www.gov.uk/guidance/using-button-and-coin-batteries

News: Construction

Emergency wellbeing support for construction workers. The Lighthouse Construction Industry Charity has launched a service to provide immediate wellbeing support to the construction community. Wellbeing support is available to workers and their families at any time of the day or night.

Further information:

https://www.shponline.co.uk/occupational-health/construction-charity-launches-text-message-service-to-upscale-vital-wellbeing-support/

Mobile crane maintenance. The Construction Plant-hire Association has updated its guidance on maintenance of all types of mobile cranes to ensure their roadworthiness.

Further information:

https://www.cpa.uk.net/downloads/387/CPA%20Maintaining%20Roadworthiness%20of%20Mobile%20Cranes%20V2%20Published%20Feb%202022.pdf

Case law

£2 million fine for allowing work in a restricted enclosure. Recycling firm, Alutrade Limited, has been fined £2 million with £105,000 in costs after admitting corporate manslaughter. 35-year-old employee Stuart Towns was struck by moving machinery in an area which was supposed to be securely fenced off. He received fatal head injuries. Two company directors and the Health and Safety Manager pleaded guilty to health and safety charges and were personally fined.

Further information:

https://www.cps.gov.uk/cps/news/recycling-firm-admits-causing-manslaughter-employee-who-died-fatal-head-injuries

Scaffolding gap allowed fall from height. Infiniti Roofing and Construction Ltd has been sentenced for breaches of safety regulations after an employee fell three metres through a gap in scaffolding and sustained serious arm injuries. In court the company was fined £22,667 plus costs of £7228.

Further information:

https://press.hse.gov.uk/2022/03/11/company-fined-after-worker-suffered-fall-from-height/

Unsafe construction site management. A principal contractor has been sentenced after he was found to have supervised unsafe excavation work at a site in Denton, which put workers in danger and rendered the neighbouring property unstable.

There was no construction phase plan, risk assessments or method statements, no competent site manager, deep and unprotected excavations, no security, a lack of PPE and some workers working barefoot on site.

Mustapha Matib was sentenced to sixteen weeks imprisonment suspended for twelve months, ordered to carry out 200 hours unpaid work and pay costs of £5,673.

Further information:

https://press.hse.gov.uk/2022/03/21/principal-contractor-sentenced-for-unsafe-excavation-work/

Fatal collapse of building blamed on multiple parties. An accident which caused the death of worker Jeffrey Plevey in July 2017 has led to the prosecution of four individuals and a scaffolding company. The worker was killed when an unstable wall collapsed along with a scaffold which was stood against it. The combined failures of the project team were exposed in court.

Further information:

https://press.hse.gov.uk/2022/02/02/recycling-company-fined-after-18-year-old-employee-injured/

Son prosecuted for father’s death whilst glass fitting. Night and Day Glaziers Ltd has appeared in court over the fatal fall of Arthur Harbutt, 78, former director of the company. The man fell from the scaffold into the building at Cribbs Causeway, Bristol, a side which was not protected by scaffold railings. His son Garry Harbutt was convicted of safety charges but cleared of gross negligence manslaughter. He was fined £4000. The company was fined £31,500 and ordered to pay £15,000 in costs.

Further information:

https://www.shponline.co.uk/news/citadel-church-collapse-four-men-receive-suspended-prison-sentences/

Unqualified excavator driver was employed. A construction company, its director and an excavator driver have all been sentenced over an accident in which a man was crushed by an overturning excavator and spent a year in hospital.

The driver had no certification to drive an excavator and was given a suspended sentence. J Murphy Aggregates Ltd was fined £70,000 and a director was handed an eight-month custodial sentence, suspended for two years. He was also required to undertake 160 hours of community service and pay court costs.

Further information:

https://press.hse.gov.uk/2022/03/01/company-director-and-excavator-operator-fined-after-two-workers-sustain-severe-injuries-in-separate-incidents/

Dumper truck had faulty brakes. A plant company has been fined for failure to maintain the braking system of an articulated dumper truck leading to the dumper running out of control and overturning on a carriageway.

Further information:

https://press.hse.gov.uk/2022/03/10/fine-for-construction-company-after-worker-injured-because-of-brake-failure/

Asbestos company faked paperwork. An asbestos management company director has been jailed for 10 months after pleading guilty to cutting corners and faking paperwork on a major refurbishment project in Plymouth.

Ensure Asbestos Management Limited also pleaded guilty to breaching Section 2(1) and 3(1), Health and Safety at Work etc Act 1974 and was fined £100,000, although, as it is in liquidation no money is expected to be paid.

Further information:

https://press.hse.gov.uk/2022/02/18/asbestos-removal-company-fined-for-failing-to-protect-workers/

Bandsaw accident. A manufacturer has been prosecuted after an inexperienced employee followed an unsafe system of work instructed to him by his supervisor and lost two fingers. The employee of Hanson Springs Ltd attempted to lubricate a new band saw blade by pressing a cardboard tube of wax onto it whilst it ran. The tube was drawn in, pulling in his hand after it. The company was fined £200,000 plus costs of £5,394.

Further information:

https://press.hse.gov.uk/2022/03/17/spring-manufacturer-sentenced-after-worker-severs-fingers/

Sainsbury’s receives £1 million fine. Sainsbury’s has been fined £1 million after a customer ran into a tight piece of string at head height, when driving a mobility scooter. The twine had been put in place after plastic tape, used to define a queueing system was vandalised. The customer sustained very severe facial injuries.

Further information:

https://www.shponline.co.uk/in-court/sainsburys-fined-1m

School staff member fell through attic floor. A school has been prosecuted after a teaching assistant fell through a ceiling. She had been in the partly boarded attic to retrieve a spare desk when the accident occurred.

Comment: The case highlights the need to consider whether attics are a suitable place to store heavy items. Storing and retrieving boxes and furniture from these locations generally involves using ladders whilst lifting with two hands, in addition to the potential risks in the attic caused by low head room and missing flooring.

Further information:

https://press.hse.gov.uk/2022/03/01/school-fined-after-teaching-assisted-injured-in-fall-from-height/

15-year-old burned by exploding can at recycling plant. A & S Metal Recycling Limited has been prosecuted after two teenagers were instructed to put aerosol canisters through a shredding machine, causing a flash fire and one of them to be seriously burned. The Director, Simon Davies, pleaded guilty to breaching Section 37(1), Health, and Safety at Work etc. Act 1974 and was given a six-month custodial sentence suspended for two years and was ordered to complete 100 hours of unpaid work.

Further information:

https://press.hse.gov.uk/2022/02/25/metal-recycling-company-and-its-director-prosecuted-after-15-year-old-boy-suffers-serious-burn-injuries/

£1.5 million fine for gantry failure. Cleveland Bridge UK Limited has appeared in court over a fatal accident involving an electrician who fell from an overhead crane. Keith Poppleton was killed when an access panel gave way on the crane’s walkway. It appeared to have been dislodged during previous works and not checked it was safely secured afterwards.

Comment: A permit to work system for maintenance in high-risk locations could have prevented the accident by a check on completion that the area of the work had been left in a safe condition for the next user.

Further information:

https://press.hse.gov.uk/2022/02/28/company-fined-after-electrician-died-following-fall-from-crane-platform/

Vulnerable resident crushed by loose door. Mulberry Care Limited has been prosecuted by the Care Quality Commission after an accident in which a confused elderly resident was struck by a falling loose door. The accident occurred after maintenance work in which the door was removed and left leaning against a wall in a hallway for weeks.

Further information:

https://www.bbc.co.uk/news/uk-england-berkshire-60494593

£500,000 fine for scaffold firm’s unsafe methods of handling. Suffolk scaffolding company, Brisko, has been fined after an employee was crushed by a bundle of steel weighing more than a tonne when it slipped from the forks of a forklift truck. The fine was high because the firm had been given a prohibition notice requiring it to stop moving whole stacks of steel bundles in one go, appealed against the notice on the basis it did not follow that practice, and then continued doing just that.

Further information:

https://www.ioshmagazine.com/2022/03/04/scaffolders-ps515k-penalty-workers-crush-injury

News - March 2022- Legal Update

Thu, 03 Mar 2022 20:45:13 GMT

News: Coronavirus

Updates on COVID-19 advice. T he remaining domestic COVID-19 restrictions were removed in England on 24 February 2022 including the legal requirement to self-isolate. However, guidance still advises five full days of isolation followed by two consecutive days of negative test results before returning to circulation after coronavirus. Self-isolation support payments have ceased, and contact tracing systems are also no longer required.

From 1 April 2022 free lateral flow test will not be generally available to the public and self-isolation guidance will be amended to remove the testing expectation. The use of COVID-19 passports will no longer be recommended except for international travel.

COVID-19 will continue to be a workplace hazard for consideration within risk assessments, but the expectation that employers will conduct a separate risk assessment, will cease. Employers will particularly need to consider the risk to those with greater health vulnerability as the general restrictions ease.

In Scotland most remaining measures will stay in force, including the use of face coverings in indoor venues, until 21 March 2022. There’s been no confirmation that self-isolation requirements or free testing will end. In Wales, further relaxations are not expected until 28 March 2022. And in Northern Ireland, whilst most legal requirements were removed on 15 February, self-isolation requirements continue, and there’s no current plan to cease free testing or contact tracing systems.

Further information:

Coronavirus (COVID-19): guidance and support - GOV.UK (www.gov.uk)

News: HSE

Beware DIY Tree Work. The HSE has warned of the dangers of ‘having a go’ at clearing fallen trees saying they have been notified of nine work-related fatalities involving falling trees or branches since January 2021. This work should only be carried out by trained and experienced professionals such as those with appropriate NPTC qualifications:

Further information:

https://www.nptc.org.uk/qualificationschemes.aspx?id=12&utm_source=govdelivery&utm_medium=email&utm_campaign=guidance-push-hse&utm_term=tree-work-1&utm_content=digest-15-dec-21

News: Hand-held Devices

Driving Changes. From 25 March 2022, drivers will be committing a specific offence by using hand-held devices at the wheel for any purpose. The ban plugs a legal loophole so that phones cannot be legally used e.g. to video or play games, whilst driving. The penalty will be a £200 fixed penalty notice and six points.

Further information:

https://www.shponline.co.uk/road-safety/government-to-make-it-illegal-to-use-a-hand-held-mobile-phone-while-driving-under-any-circumstance/

News: Highway Code

Highway Code. Changes to the Highway Code recently made, impose a new hierarchy of road users, giving more rights to pedestrians, cyclists and horses. One feature is that more space is required when overtaking cyclists and horses.

Further information:

https://www.gov.uk/government/news/the-highway-code-8-changes-you-need-to-know-from-29-january-2022

News: Air Quality

Air Cleaning Devices. The Welsh Government looked at whether air cleaning devices could help in poorly ventilated classrooms. It concluded that they help, but only in a small way compared with ventilation improvements. Also, although the purifiers work rapidly to halve particle concentrations in 6-15 minutes, to do this you need to use a strong purifier delivering greater than 1,000m3/h of clean air. These come with a noise issue, therefore it’s not a perfect solution.

Further information:

https://gov.wales/sites/default/files/publications/2022-01/technical-advisory-group-reducing-COVID-19-transmission-in-schools-and-colleges.pdf

News: Fire Safety

Enforcing Fire Safety in Flats. The Local Government Association has published details of how fire safety should be enforced in blocks of flats over 11 metres in height once the Fire Safety Act comes into force. The Bill is currently passing through parliament.

Further information:

https://www.local.gov.uk/publications/principles-effective-regulation-fire-safety-flats

London Fire Safety Plan. A consultation has been launched for Fire Safety Guidance which will ensure excellence in fire safety design of future developments in London. Those involved in developing in the Capital may find it helpful to participate.

Further information:

https://consult.london.gov.uk/firesafety

Case law:

Working whilst holding the load was unsafe. A stone masonry company has been fined after an employee’s leg was broken, and his foot crushed, by a forklift truck. It was caused because operatives would walk in front of the forklift truck to steady the suspended load, meaning no suitable separation from the vehicle.

Further information:

https://www.ioshmagazine.com/2022/01/18/claim-dismissed-against-tube-after-fatal-fall-trespasser

Owner of holiday flats on fire charges. The owner of a block of holiday apartments has found himself in court after a fire spread rapidly from a kitchen in one flat to the stairway. The immediate cause was that the doors to the flats were not fitted with a self-closing device, but on investigation it was found that there was no fire risk assessment and an inoperable fire alarm system. Philip Hunt pleaded guilty to 11 charges and was fined £12,800 plus costs of £10,000.

Further information:

https://www.shponline.co.uk/in-court/holiday-apartments-owner-fined-for-serious-fire-safety-breaches/

Boss handed community service order . Ian Davey, the director of a fibre-glassing company, has been ordered to carry out 80 hours of unpaid work, and pay costs of £3,000 after pleading guilty to breaching Section 9(2), Work at Height Regulations 2005. The case followed an accident in which a labourer fell five metres through a fragile skylight.

Further information:

https://press.hse.gov.uk/2022/02/03/roofing-contractor-sentenced-after-worker-falls-from-height/

Fall down waste chute. A skip hire company has been fined £17,500 in connection with an accident in which an employee fell four metres through a waste chute.

Further information:

https://press.hse.gov.uk/2022/02/02/recycling-company-fined-after-18-year-old-employee-injured/

Further information:

https://www.bbc.co.uk/news/uk-england-bristol-60140774

School in court over mountain rescue of children. A company has been fined after its school ran an inadequately planned school trip on Helvellyn in winter, leading to a group of children needing to be rescued. The school was fined £30,000 and ordered to pay costs of £4,574.

Further information:

https://press.hse.gov.uk/2022/02/17/school-prosecuted-after-mountain-rescue-team-called-to-evacuate-children/

Gloved hand was drawn into machine. A metal fabrication company has been prosecuted over an accident in which an apprentice’s gloved hand was drawn into the rotating parts of a machine. There was no risk assessment for the machine. R. Briggs Sheetmetal Fabrication Ltd was fined £13,000 plus costs of £2,682.

Further information:

https://press.hse.gov.uk/2022/02/14/sheetmetal-fabrication-company-in-court-after-workers-finger-crushed/

Corporate manslaughter conviction for recycling firm. Alutrade Limited has admitted corporate manslaughter in connection with the death of Stuart Towns, who was struck by moving machinery and received fatal head injuries. Stuart was in an area which should have been securely fenced and only entered when machinery was isolated from power sources.

Two company directors and the Health and Safety Manager also pleaded guilty to health and safety charges and are due to be sentenced on 18th March 2022.

Further information:

https://www.cps.gov.uk/cps/news/recycling-firm-admits-causing-manslaughter-employee-who-died-fatal-head-injuries

Leisure centre admits safety failings in near drowning case. Kilmarnock Leisure Centre Trust has pleaded guilty to charges that it failed in its duty of care to a six-year-old girl whose life was saved by an eleven-year-old boy during “fun” inflatables play session. There was no suitable and sufficient risk assessment of the use of inflatables, manufacturer’s instructions were not followed, and lifeguard zone visibility tests had not been carried out.

Further information:

https://www.copfs.gov.uk/media-site/media-releases/2015-leisure-centre-trustees-fined-following-pool-incident

News - February 2022- Legal Update

Thu, 03 Feb 2022 20:36:57 GMT

News: Coronavirus

Updates on COVID-19 advice. Various relaxations to the rules have occurred across all four nations. England has currently gone further than other nations, with an end to Plan B restrictions from 27th January 2022. Face coverings are now advisory for enclosed or crowded spaces, but not mandatory anywhere (NB. Businesses can still choose to make them mandatory). Regulations behind self-isolation rules expire in March and are not expected to be renewed.

Across most countries nightclubs are open, restrictions on large gatherings have eased and NHS Covid Passes are not required. However, check specific rules for Scotland, Northern Ireland, and Wales as there are some lingering requirements.

Those with a positive lateral flow test are no longer required to get a confirmatory PCR test.

Further information:

https://www.gov.uk/guidance/working-safely-during-covid-19

Construction Leadership Council guidelines. The CLC has published version 9 of its coronavirus operating procedures. The key changes are:

Further information:

https://www.constructionleadershipcouncil.co.uk/news/site-operating-procedures-version-9/

News: HSE

HSE inspectors’ blitz in South Yorkshire. A recent inspection campaign by the HSE shows that the regulator is still prepared to turn out on site. Inspectors visited 71 businesses in the Sheffield and Rotherham area in a short period, with almost all receiving a letter or enforcement notice.

Further information:

https://press.hse.gov.uk/2022/01/19/hse-inspection-campaign-sheds-light-on-health-and-safety-issues-in-south-yorkshire/

News: Highway Code

Highway Code reformed. Pedestrians and cyclists are given more protection on the road via changes within the revised Highway Code.

Further information:

https://www.topgear.com/car-news/these-are-top-five-highway-code-changes

News: Electric Vehicles

Vehicle charge points infrastructure. Approved Document S provides technical guidance regarding the installation and charge point requirements under the Building Regulations

Further information:

https://www.gov.uk/government/publications/infrastructure-for-charging-electric-vehicles-approved-document-s

News: PPE

PPE amendment regulations. Regulations have been published which will amend the Personal Protective Equipment at Work Regulations 1992 (PPEWR). The result will be that certain self-employed workers who were not previously entitled to free PPE, will need to be provided with it by the business that they work for.

Further information:

https://www.legislation.gov.uk/uksi/2022/8/contents/made

Case law:

Trespasser was owed only a limited duty of care. London Underground (LUL) has won a case in which a mother claimed damages in connection with a fatal accident to her son at Canning Town station. Bernard Ovu, who was intoxicated at the time, fell down some fire escape stairs in a staff-only area and his mother claimed LUL was liable. The case failed because the stairs were not in a dangerous state.

Further information:

https://www.ioshmagazine.com/2022/01/18/claim-dismissed-against-tube-after-fatal-fall-trespasser

Tower scaffold fall. A company has been prosecuted after a man’s sleeve caught on part of the scaffold and he fell over the single guard rail which had been installed. It was found that the mobile scaffold tower was badly configured.

Further information:

https://press.hse.gov.uk/2022/01/12/construction-worker-dies-after-falling-from-tower/

Lifting accident led to £365,000 fine. Northumbrian Water Limited has been fined after a worker was injured by a 1.5 tonne water valve in a confined chamber at Kielder Reservoir, Northumberland. The valve suspended from a lorry mounted crane, swung across the chamber and causing serious fractures to his leg.

An investigation showed that late changes to the scope of work had not been risk assessed. There was no safe system of work and a lack of supervision.

Further information:

https://press.hse.gov.uk/2022/01/06/companies-fined-after-employee-fractures-leg-at-reservoir/

£90,000 fine for Hand-arm Vibration Syndrome. MTL Advanced Limited have been sentenced for health breaches after several metal fabricators were diagnosed with hand arm vibration syndrome (HAVS) or carpal tunnel syndrome.

Further information:

https://press.hse.gov.uk/2022/01/13/manufacturing-company-fined-after-workers-exposed-to-risk/

Unlicensed asbestos removal. Two directors have been personally fined for deliberately disturbing asbestos that they knew was present. They had ordered cupboards to be dismantled, but they contained asbestos insulation board and no precautions were taken to prevent contamination and inhalation.

Further information:

https://press.hse.gov.uk/2022/01/18/directors-fined-for-unlicensed-asbestos-removal/

Case law:

Lost finger. A court has heard how an employee lost part of a finger at a radial arm saw because the adjustable guard was not adjusted.

Further information:

https://press.hse.gov.uk/2022/01/20/company-fined-after-employee-injures-finger-in-saw-incident/

Director disqualified. A construction company director has been banned from being a director for two years and ordered to carry out community service, after pleading guilty to six health and safety offences. Inspectors visited one of his sites three times, and insufficient improvement was made.

Further information:

https://press.hse.gov.uk/2022/01/20/construction-company-and-director-sentenced-for-multiple-safety-failings/

News - January 2022- Legal Update

Thu, 06 Jan 2022 20:28:12 GMT

News: Coronavirus

Updates on COVID-19 advice - England. In December England moved to Plan B restrictions with workers encouraged to work from home where possible from 13th December 2021. Face coverings for those not exempt, became mandatory in the majority of indoor public settings. There are exceptions: when singing, exercising, eating, or drinking. NHS Covid Passes became mandatory for entry into nightclubs and larger venues.

Further information:

https://www.gov.uk/guidance/carrying-out-mandatory-covid-19-status-checks-at-your-venue-or-event

Updates to COVID-19 advice – Northern Ireland, Scotland, and Wales.

In Scotland stricter rules also came in with one metre required between groups in gyms, pubs, restaurants and other indoor and outdoor venues, a maximum of three households in a group, and capping of numbers for large gatherings.

In Wales , now in Alert Level 2, there are tighter rules such as a maximum of six people meeting in public venues such as pubs, and limits on numbers at gatherings. Nightclubs have been closed. Two metre social distancing is also required in public premises and offices.

In Northern Ireland two metre social distancing has been reintroduced for public venues. Nightclubs have also been shut and there are restrictions on group sizes meeting in pubs and restaurants.

Further information:

https://www.gov.uk/coronavirus

Updates to COVID-19 advice – Self Isolation requirements. There were also changes to self-isolation requirements with fully vaccinated contacts of someone with COVID-19 not needing to self-isolate if they take a lateral flow test daily for seven days with negative results. Those who test positive or have symptoms, can stop self-isolating after seven days (instead of ten days) if they have two negative lateral flow test results on day six and seven..

Further information:

https://www.gov.uk/guidance/working-safely-during-covid-19

Updates to COVID-19 advice – School Leaders. Changes to the guidance since its 2 January 2021 publication include updated section on Confirmatory PCR tests and additional advice in the section on when an individual develops COVID-19 symptoms or has a positive test about the return to school.

Further information:

https://www.gov.uk/government/publications/actions-for-schools-during-the-coronavirus-outbreak

Updates to COVID-19 advice – Construction. The Construction Leadership Council’s guidelines on face coverings has been updated. It recommends that face coverings should be available and worn in crowded and enclosed settings, e.g., changing facilities, site transport.

Further information:

https://www.constructionleadershipcouncil.co.uk/news/clc-face-covering-guidance-updated-version-5-available/

Updates to COVID-19 advice – Ventilation. The HSE has updated its webpages on ventilation with ideas on balancing the need for good ventilation to reduce coronavirus risks, and the need to keep premises warm.

Further information:

https://www.hse.gov.uk/coronavirus/equipment-and-machinery/air-conditioning-and-ventilation/index.htm

Updates to COVID-19 advice – Coronavirus rules and regulation. The rules and regulations for each country are changing and the GOV.UK website has been updated to reflect this.

Further information:

https://www.gov.uk/coronavirus

Updates to COVID-19 – Sector Specific guidance. These guides cover a range of different types of work. You may need to use more than one of these guides as you think through what you need to do to keep people safe.

Further information:

https://www.gov.uk/guidance/working-safely-during-covid-19

News: HSE

Changes to PPE regulations. We are anticipating revisions to the Personal Protective Equipment at Work Regulations 1992 which will come into force on 6 April 2022. The changes will extend the duty on employers to provide PPE to workers known as limb (b) workers. These workers tend to be self-employed and providing a service as part of someone else's business, for example, couriers are often in this category.

Further information:

https://consultations.hse.gov.uk/hse/cd289-amends-ppe-work-regs-1992/results/pper-results.pdf

Annual statistics for accidents and ill health. The HSE has published its annual statistics covering work-related ill health, non-fatal workplace injuries and enforcement action.

Further information:

https://press.hse.gov.uk/2021/12/16/hse-publishes-annual-work-related-ill-health-injury-and-enforcement-statistics-for-2020-21/

DIY tree-work warning. The HSE has issued a warning that emergency tree works, such as clearing fallen trees and branches, is dangerous and requires a trained and experienced professional. Not only are there the usual risks of tree work including chainsaws but during a storm there are often additional dangers such as difficult weather or ground conditions and that the condition of the trees being windblown, or part blown makes the work more complex.

Further information:

https://www.nptc.org.uk/qualificationschemes.aspx?id=12&utm_source=govdelivery&utm_medium=email&utm_campaign=guidance-push-hse&utm_term=tree-work-1&utm_content=digest-15-dec-21

News: Building Regulations 2010

Approved Document F: Ventilation. A revised version of Approved Document F, which gives detail to the ventilation requirements of the Building Regulations 2010, will change from 15 June 2022. There are transitional rules allowing continuation of current rules for projects beginning prior to that date.

Further information:

https://www.gov.uk/government/publications/ventilation-approved-document-f

News: Sport

Concussion in sport. The government has committed to taking action to help reduce risks associated with head injuries in sport. The FA, Premier League, EFL and Professional Footballers Association have also announced a new joint action plan. 

Further information:

https://committees.parliament.uk/work/977/concussion-in-sport/publications/

https://www.shponline.co.uk/sports-and-events/fa-premier-league-efl-pfa-announces-joint-brain-health-initiative/

News: CIPD

Hybrid working. The Chartered Institute of Personnel and Development has published various guidance documents on the subject of hybrid working i.e. where an employee works some of their ours from home.

Further information:

https://www.cipd.co.uk/knowledge/fundamentals/relations/flexible-working/effective-hybrid-working

News: Asbestos

Asbestos Guide Updated. “Asbestos: The Analysts Guide” was amended in July 2021 but includes some changes which apply from 1st February 2022. These impact on the way analysts and licensed asbestos removal contractors must cooperate when planning and undertaking licensed asbestos removal work.

Further information:

https://www.arca.org.uk/news/revised-analysts-guide-will-have-a-impact-on-asbestos-removal-work

News: Road Users

Using the correct Satnav equipment. The Traffic Commissioners for Great Britain have issued a reminder that incorrect use of domestic Satnav equipment is leading to bridge strikes by commercial vehicles.

Further information:

https://www.gov.uk/government/news/is-your-satnav-fit-for-purpose

Highway code and other changes. The government has announced that there will be a change to the law this year, to ban the use of hand held devices whilst driving for taking photos or videos, scrolling through playlists or playing games. The offence will carry a fixed penalty of £200 and six points on the driver’s licence. The Highway Code will also be updated.

Further information:

https://www.shponline.co.uk/road-safety/government-to-make-it-illegal-to-use-a-hand-held-mobile-phone-while-driving-under-any-circumstance/

Updates to the Highway Code. The Highway Code will be updated at the end of January 2022, with a revised hierarchy of road users. It will show that those who pose the greatest risk to others have a higher level of responsibility, e.g. cyclists have greater responsibility to look out for pedestrians, drivers have greater responsibility to look out for people cycling, walking, or riding a horse.

Further information:

https://www.theguardian.com/uk-news/2021/dec/30/two-in-three-uk-drivers-unaware-of-planned-highway-code-changes

Case law:

Asbestos survey ignored. A school and its maintenance contractor have been fined after asbestos was disturbed during a heating upgrade. The existing asbestos register and management plan were not consulted before starting work.

Further information:

https://press.hse.gov.uk/2021/11/29/school-and-contractor-fined-for-unsafe-removal-of-asbestos/

Manufacturer in court after repeated HSE visits. Securafence Ltd has appeared in court after inspectors issued ten enforcement notices over a long period with no improvement to standards. At the root of the problems was a lack of competence in the management team. Specific problems included exposure to hazardous substances from welding fumes and paint spraying, as well as a lack of guarding on dangerous machinery.

Further information:

https://press.hse.gov.uk/2021/11/29/merseyside-firm-guilty-of-repeated-breaches-of-health-and-safety-law/

Step ladder fall. A manufacturer of vehicle trailers has been fined £172,500 in connection with an accident in which a worker suffered head injuries. The man fell whilst using a stepladder positioned on a trailer. After the event it was found that the ladder was defective and there was no inspection regime to check the condition of access equipment

Further information:

https://press.hse.gov.uk/2021/11/25/trailer-manufacturing-company-fined-after-worker-fell-from-height/

Council fined £300,000 for tree accident. Staffordshire County Council has been heavily penalised for mistakes which led to a walking trail being omitted from its tree inspection regime for a decade. A man was killed whilst walking his dog on the Isabel Trail in October 2019, arguably as a direct result of the error.

Further information:

https://press.hse.gov.uk/2021/12/22/council-prosecuted-after-member-of-the-public-killed-by-falling-tree/

Apprentice broke his back in fall through skylight. Daniel Biagioni, director of Coolzone Air Conditioning Limited has been handed a suspended jail sentence and ordered to complete 150 hours of unpaid work after an apprentice sustained a broken back in a five-metre fall. He had completed a risk assessment but not implemented the control measures he identified were needed to work on the roof.

Further information:

https://press.hse.gov.uk/2021/12/09/director-sentenced-after-apprentice-injured-in-fall-from-height/

Three-tonne tent flipped onto employee. A bathroom company has been fined £40,000 over an accident in which a three tonne “tent” was blown onto an employee. The man was only released when a forklift truck was used to lift the structure off him and he was then taken to hospital by air ambulance for treatment of injuries to his head and torso.

Further information:

https://www.keighleynews.co.uk/news/19780041.keighley-company-fined-40-000-accident/

Lift fell uncontrolled to basement. A court has heard a case involving the death of a care home resident who was in a lift car which dropped uncontrolled to the basement. The accident occurred because faults on the lift were not taken sufficiently seriously, and it was left in service when it should have been out of use. There was a background of mismanagement with the care homeowner not passing on reports of thorough examinations to the maintenance contractor.

Further information:

https://press.hse.gov.uk/2021/12/13/company-and-care-home-owner-admit-criminal-liability-after-care-home-resident-dies-following-lift-fall/

Forklift truck overturned. A waste treatment company has been fined after an employee was killed in a forklift truck overturning accident. The primary criticism was that seatbelts were not worn, despite it being company policy to do so. The firm was fined £126,000 plus costs of £17,664.

Further information:

https://press.hse.gov.uk/2021/12/17/waste-treatment-company-fined-after-employee-fatally-injured/

Struck by reversing forklift truck. A lorry driver was struck by a reversing forklift truck at the premises of Corespec Limited, a client he was visiting to collect a load. In court the company pleaded guilty to breaching Regulation 17(1) of the Workplace (Health, Safety and Welfare) Regulations 1992 by failing to adequately segregate pedestrians and moving vehicles. The company was fined £117,585.

Further information:

https://press.hse.gov.uk/2021/12/21/company-fined-after-a-worker-injured-by-a-forklift-truck/

30 employees developed Hand-Arm Vibration Syndrome (HAVS). PSV Glass and Glazing Limited has been fined £211,290 and ordered to pay costs of £11,120 in connection with 30 diagnoses of HAVS within its workforce. It required staff to use handheld vibrating tools, sometimes for a whole shift, without assessing the risk, putting in precautions and implementing a health surveillance programme.

Further information:

https://press.hse.gov.uk/2021/12/23/glazing-company-fined-for-failing-to-control-risks-of-vibrating-tools/

Worker was unfairly dismissed over self-isolation breach. A fork lift truck driver has won his case at the Scottish Employment Tribunal, arguing that he was unfairly dismissed. He had attended work while his son awaited the results of a Covid test, but said he believed his son was faking it to get time off work.

The tribunal found that the employer’s process for investigation had not rigorously tested whether the employee really held the belief that his son was faking the illness.

Further information:

https://www.ioshmagazine.com/2021/12/06/forklift-driver-son-covid-symptoms

Salvage yard boss jailed for dangerous conditions. Tahir Karim, the owner of a car salvage yard in Caerphilly has been handed a one-year custodial sentence after putting workers at risk from very unsafe structures and a defective forklift truck, and ignoring 15 enforcement notices.

Further information:

https://www.ioshmagazine.com/2021/12/03/car-salvage-firm-boss-jailed-ignoring-hse-notices

Flat-bed lorry fall. A recent case took place following a fatal accident in which a worker fell from the flatbed of an HGV. No risk assessment had been conducted for the work at height. Hart District Council served Improvement Notices on the company following the accident, but these were not complied with, and the firm continued to operate an unsafe system of work. In court the business owner was handed a suspended prison sentence and the company, Lubrication Management Services (LMS) Ltd, was fined £48,000 plus costs of £110,000.

Further information:

https://www.shponline.co.uk/in-court/colin-malam-prosecuted-over-fatal-accident/

Excavator struck worker. A company has been fined after a worker was killed during the installation of a feed hopper at a quarry. The HSE found that the operation had not been fully risk assessed and that a safe system of work should have been created before installing the hopper. In particular the proximity of the machine to a pedestrian should not have been permitted.

Further information:

https://www.shponline.co.uk/in-court/leiths-scotland-ltd-fined-130000-after-fatality-at-quarry/

Machinery Accidents. In December 2021, various manufacturing companies were prosecuted for accidents with unguarded machines:

Troy Foods Salads Ltd: Cleaning operative lost a finger in contact with the blade of a food mixer.

Further information:

https://press.hse.gov.uk/2021/12/07/food-manufacturing-company-fined-after-worker-injures-finger-in-machinery/

Truro Sawmills: Employee lost a finger when his glove was caught in moving parts at the rear of a cross-cut saw

Further information:

https://press.hse.gov.uk/2021/12/13/sawmill-fined-after-workers-finger-is-severed-in-machinery/

Ibstock Brick Ltd: A worker’s hand was severed in an entanglement accident with a rotating shaft. The accident happened due to using emery cloth and wearing gloves while polishing – both of these are essentially banned methods of work. The company was fined £530,000 plus costs of £4,548.

`` https://press.hse.gov.uk/2021/12/13/company-prosecuted-after-worker-lose-hand-in-lathe/

EIS2: The use of emery cloth on metalworking lathes (hse.gov.uk)

Kay Premium Marking Films Limited: An employee’s hand was drawn between two driven rollers and his arm broken in several places.

Further information:

https://press.hse.gov.uk/2021/12/22/plastics-manufacturer-fined-after-employees-arm-was-pulled-into-rollers-of-slitter-machine/

Precision Colour Printing Limited: One employee lost skin on his hand when it was drawn into rollers and in another incident an employee sustained a broken wrist when a clamping arm descended on him whilst dealing with a misaligned paper log on a palletiser machine.

Further information:

https://press.hse.gov.uk/2021/12/16/commercial-printing-fined-after-employees-injured-at-work-company/

In court - Construction

Manslaughter conviction over worker’s death. A builder, Paramjit Singh, has been handed a three-year prison term after being convicted of gross negligence manslaughter. He had arrived on site one morning and begun completion of a garage demolition, without checking whether his labourer was on site. When he pushed over the wall he crushed 64-year-old Kulwant Singh Athwal who was on the other side.

Further information:

https://www.hampshirelive.news/news/hampshire-news/builder-jailed-three-years-after-6301817

Underground cable strike. A principal contractor has been prosecuted alongside its groundworks contractor after a labourer was burned in a cable strike. No effort had been made to identify buried cable locations using readily available drawings or a cable avoidance tool.

CLC Contractors Ltd was fined £400,000 with costs of £5,300. Paul Gale, the director of PAG Building Services Ltd, ground works contractor, received a suspended prison sentence and was ordered to do 150 hours of unpaid work.

Further information:

https://press.hse.gov.uk/2021/12/22/construction-company-and-its-groundworks-contractor-sentenced/

Builders caused collapse by undermining. A building contractor has been prosecuted after excavation works resulted in the partial collapse of a residential building.

Further information:

https://press.hse.gov.uk/2021/12/20/contractor-prosecuted-due-to-partial-collapse-of-building/

Ladder fall caused by unsuitable equipment. Thirteen Housing Group of Cleveland has appeared in court over an agency worker’s ladder fall. The worker was removing beading to a window at first floor level, for which a tower scaffold or mobile work platform would have been more suitable. He fell three metres, suffering serious injuries including four fractured vertebrae.

Further information:

https://press.hse.gov.uk/2021/12/20/company-fined-after-worker-falls-and-suffers-serious-injuries/

Poor construction site standards land firm in court. Abercorn Construction Limited, has been fined after inspectors found that one of its sites lacked sufficient welfare facilities and had dangerous electrical systems, unprotected edges, poor fire safety provisions and more. The company had received previous warnings.

Further information:

https://press.hse.gov.uk/2021/12/02/construction-company-in-court-over-inadequate-health-and-safety-standards/

News - August 2021 - Legal Update

Tue, 10 Aug 2021 12:05:58 GMT

News: Coronavirus

Coronavirus advice updated - England. England moved to Step 4 of the roadmap on 19 July 2021 easing the restrictions imposed on businesses and individuals. The changes include social distancing guidelines, contact tracing and the requirement to wear a face covering being scrapped. However, these measures are still encouraged. Travel rules have been relaxed with incoming travellers from European countries and the USA no longer requiring quarantining subject to certain rules. From 16 August the requirement to self-isolate as a close contact is also relaxed provided a person has a negative PCR test and has been double vaccinated.

The legal changes are set out within the Health Protection (Coronavirus, Restrictions) (Steps etc.) (England) (Revocation and Amendment) Regulations.

Further information:

https://www.gov.uk/guidance/maintaining-records-of-staff-customers-and-visitors-to-support-nhs-test-and-trace

https://www.gov.uk/coronavirus

Coronavirus advice updated – Northern Ireland, Scotland, and Wales. Scotland has moved to Level 0 and Wales are in Alert Level 1.

Further information:

https://www.gov.scot/coronavirus-covid-19/

https://gov.wales/coronavirus

https://www.nidirect.gov.uk/campaigns/coronavirus-covid-19

CIBSE Guides. The Chartered Institution of Building Services Engineers (CIBSE) has made available a series of guidance documents under the collective title “Emerging from lockdown”. They cover the subjects of:

Ventilation
Air cleaning technologies (and Relative Exposure Index Calculator).
Safely re-occupying buildings
Recommissioning of lifts and escalators post lockdown
Lift use and occupancy

Further information:

https://www.cibse.org/coronavirus-covid-19/emerging-from-lockdown

Beware of cheap infrared thermometers. Concerns have been raised about the sale of substandard infrared thermometers within the UK.

Further information:

https://www.bbc.co.uk/news/health-57982479

News: HSE

Annual workplace fatality figures 2020/21. HSE provisional figures show there were 142 workplace deaths of employees in the last year, an increase from 113 in 2019/20. Statistically the numbers have remained fairly steady over the past 5 years, and this is therefore an unwelcome increase of 29%.

Further information:

https://press.hse.gov.uk/2021/07/07/hse-releases-annual-workplace-fatality-figures-for-2020-21/

The Building Safety Bill. The Building Safety Bill has been introduced in the House of Commons by the government. The Bill aims to improve building standards particularly in high rises, although some aspects of the Bill will spread more widely.

Further information:

https://press.hse.gov.uk/2021/07/05/building-safety-bill-introduced/

Case law:

Killed by electrical fault. A warehouse management company, Logistex Limited, has been fined £180,000 plus costs of £23,358 after an engineer was electrocuted during maintenance work. A faulty isolator switch on the air compressor caused the accident and originated from installation errors. Due to a lack of routine electrical inspection and testing of the electrical system, this was not picked up.

Further information:

https://press.hse.gov.uk/2021/07/01/warehouse-management-company-fined-after-employee-killed-in-electrical-incident/

Electrical burns hospitalized scaffolder. A court has heard how a scaffolding worker was burned when a pole came into contact with an 11kV power line during unloading. HSE investigations found that poor access on the site meant that all materials had to be moved by hand and there were not enough controls on site warning of overhead cables. Cambridge Glasshouse Company Limited was fined £333,333 after it pleaded guilty to breaching Regulation 14 of the Electricity at Work Act 1989.

Further information:

https://press.hse.gov.uk/2021/07/26/principal-contractor-fined-after-worker-suffered-electrical-burns/

HGV’s faulty brakes killed two people. A transport boss and an HGV driver have been handed 15 year and six year prison sentences respectively, for their parts in a fatal accident on the M62. The driver had repeatedly reported a brake fault but continued to drive the vehicle, whilst his manager failed to maintain his vehicles. Two men lost their lives when the lorry went through a central reservation and collided with a car.

Further information:

https://www.ioshmagazine.com/2021/07/08/haulage-boss-and-lorry-driver-jailed-over-faulty-brake-deaths

Fatal forklift injury. A court has heard how a lack of planning for moving a heavy machine led to it falling over and fatally crushing an engineer.

Further information:

https://press.hse.gov.uk/2021/07/08/tool-company-fined-after-employee-sustains-fatal-head-injuries/

Shovel loader killed lorry driver. Egger (UK) has been fined £910,000 after a self-employed lorry driver was struck by a wheeled shovel loader and died. There were insufficient arrangements on the site to safely segregate pedestrians and moving vehicles.

Further information:

https://press.hse.gov.uk/2021/07/28/company-fined-after-worker-fatally-injured/

Low beams caused collision. A company which expected its forklift drivers to remember to lower the forks at particular locations, in order to avoid low beams, has been criticised for its lack of effective risk control measures. As a result of the inadequate approach to risk management an employee sustained crush injuries in a forklift overturning accident.

Further information:

https://press.hse.gov.uk/2021/07/19/figures-show-agriculture-remains-the-worst-performing-industrial-sector/

Fitter died falling from mobile tower scaffolding. Forging company, Stokes Group Ltd, has been fined £50,000 after a fitter fell from a tower scaffold which was being used without guard railings.

Further information:

https://www.shponline.co.uk/in-court/stokes-group-limited-fine-after-maintenance-fitter-dies-in-fall-from-height/

Fall from roof. A company has been criticised in court after it was found to have all the right equipment for work at height but failing to provide it on site. As a result, a worker who was fitting out a garage roof, fell over the open edge and sustained fractures to his knee, foot and hip. The company was fined £30,000 plus costs.

Further information:

https://press.hse.gov.uk/2021/07/14/construction-company-fined-after-worker-falls-from-domestic-garage-roof/

Lack of spill procedures blamed for chemical burns. An employer has been fined £100,000 in connection with an accident in which a worker’s clothes became contaminated with a corrosive substance, leading to chemical burns. The accident occurred after 1000 litres of a concentrated substance fell from the forks of a forklift truck and became damaged. There was no drench shower on site, and protective clothing was inadequate.

Further information:

https://press.hse.gov.uk/2021/07/15/rotherham-company-fined-after-worker-suffered-chemical-burns/

Engineering company employee scalped by drill. A court has heard how an employee was scalped and lost an ear after her hair got entangled in a pillar drill at the premises of P&D Engineering Limited, Coventry. The company was fined £62,334 after pleading guilty to charges that it had operated the drill for years without adequate guarding.

Further information:

https://press.hse.gov.uk/2021/07/28/2781/

£85,000 fine for fire offences. The owner of Malik’s in Cookham has been handed a fine for fire safety offences after the investigation of a serious fire in 2016 revealed a lack of fire doors and detection to protect the residential part of the premises.

Further information:

https://www.fsmatters.com/Fine-handed-to-Berkshire-restaurant-own

Hotel owners fined £350,000. Two directors have been fined £350,000 for fire safety breaches at the Falstaff Hotel in Leamington Spa uncovered in a series of inspections by Warwickshire Fire and Rescue Service. Blocked exits, wedged fire doors and poor maintenance were repeatedly highlighted without action being taken.

Further information:

https://www.fsmatters.com/Hotel-duo-prosecuted-for-fire-safety-breaches

News - July 2021 - Legal Update

Sat, 10 Jul 2021 12:05:18 GMT

News: Coronavirus

Coronavirus advice updated - England. The much-awaited announcement on 21 June 2021 confirmed that England remains in step 3 although there are some changes to restrictions affecting weddings, funerals, and care home visits. However, 19th July looks likely, at the time of writing, to be the date when restrictions end.

Further information:

https://www.gov.uk/guidance/covid-19-coronavirus-restrictions-what-you-can-and-cannot-do

Coronavirus advice updated – Northern Ireland, Scotland, and Wales. Other country specific rules can be found via these links.

Further information:

https://www.gov.scot/coronavirus-covid-19/

https://gov.wales/coronavirus

https://www.nidirect.gov.uk/campaigns/coronavirus-covid-19

Compulsory Testing. The government has also announced compulsory vaccinations for those working in CQC registered nursing homes

Further information:

https://www.gov.uk/government/news/everyone-working-in-care-homes-to-be-fully-vaccinated-under-new-law-to-protect-residents

Returning to the office. The CIPD has published a guide to returning to work after the pandemic.

Further information:

https://www.cipd.co.uk/knowledge/fundamentals/emp-law/employees/workplace-guide-returning-after-coronavirus#gref

News: Fire safety

High rise fire safety. The Government is seeking views on proposals to require owners or managers of multi-occupied high-rise residential buildings, to plan for the evacuation of those unable to get themselves out in an emergency.

Further information:

https://www.fia.uk.com/news/blogs/what-will-you-have-to-do-to-comply-with-the-current-and-forthcoming-changes-in-fire-safety-legislation.html

Smoke ventilation system. Meanwhile a report into a recent fire in London at New Providence Wharf has revealed concerns in the maintenance of a smoke ventilation system, as well as external fire spread via timber decking on balconies.

Further information:

https://www.london-fire.gov.uk//media/5816/london-fire-brigade-preliminary-fire-investigation-report-053666-07052021-new-providence-wharf-redacted.pdf

Fire safety design in schools. The Department for Education is consulting on a standard which advises on how to minimise the spread and impact of fire in school buildings.

Further information:

https://www.gov.uk/government/consultations/building-bulletin-100-fire-safety-design-for-schools

Fire safety in purpose-built flats. A guide to fire safety in purpose-built blocks of flats has been made available on the government website having been withdrawn earlier in 2021. The guide was published in 2011 and is under review but is the only source of information of its type.

Further information:

https://www.gov.uk/government/publications/fire-safety-in-purpose-built-blocks-of-flats

News: Employment rights

Employment rights watchdog planned. The Government has announced that there will be a new single enforcement body bringing together the Gangmasters and Labour Abuse Authority, the Employment Agency Standards Inspectorate and HMRC’s National Minimum Wage Enforcement.

Further information:

https://www.gov.uk/government/news/government-to-protect-workers-rights-and-clamp-down-on-workplace-abuse-with-powerful-new-body

News: British Standards Institute

Design and technology course safety. The British Standards Institution has published a draft updated code of practice on the subject of health and safety in Design and Technology within education establishments, BS 4163:2021.

Further information:

https://standardsdevelopment.bsigroup.com/projects/2020-01564#/section

BSi’s latest ISO standard: 45003. The British Standards Institute has published BS ISO 45003:2021: “Occupational Health and Safety Management. Psychological Health and Safety at Work. Guidelines for Managing Psychosocial Risks.”

Further information:

https://shop.bsigroup.com/ProductDetail?pid=000000000030382269

News: HSE

Exposure to lead. The HSE has published a report concerning medical surveillance of 4534 registered lead workers including those from heavy industry, the scrap industry, roofing, glass making and demolition. Of these 14 were suspended from work due to excess blood-lead levels.

Further information:

https://www.hse.gov.uk/statistics/causdis/lead/index.htm

Safety alert – Marine loading arm. The HSE has issued a safety alert after a loading arm failed due to lack of maintenance and inspection of a pivot joint. It warns that those involved with the equipment must ensure access to heights so that maintenance can be undertaken as needed.

Further information:

https://www.hse.gov.uk/safetybulletins/marine-loading-arm-failure.htm

Statutory inspections must be up to date. The HSE its guidance, stating that it will be fully enforcing the requirements for thorough examinations and inspections of pressure systems, lifting equipment, fume extraction equipment, to be kept in date.

Further information:

https://www.hse.gov.uk/coronavirus/equipment-and-machinery/work-equipment.htm

News: Transport for London

Penalties Issued for Direct Vision breaches. Transport for London reports that it has issued penalties against 7000 operators for breaches of its “direct vision standard” for lorries, in the first three months of the scheme. The scheme requires operators of twelve-tonne-plus HGVs to apply for a free direct vision permit under which a star rating is issued. Vehicles which receive a zero rating are required to improve, e.g. by adding mirrors.

Further information:

https://www.fleetpoint.org/law-and-legislation/direct-vision-standard-dvs-law-and-legislation/tfl-issues-7000-fines-for-direct-vision-standard-failures/

News: PPE

PPE for home visits in health and social care. Public Health England has published updated guidance on personal protective equipment for health and social care workers.

Further information:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/992266/20210609_PPE_guide_for_community_and_social_care_settings.pdf

Case law:

Employee was fairly dismissed after covid-related absence. An employee has lost his claim for unfair dismissal under the Employment Right Act 1996 after he left work due to coronavirus concerns. He had a vulnerable child and informed his work he would not be returning in March 2020, until it was safe to do so. He lost his claim because he was not able to prove that he had a reasonable belief of being in imminent danger at work.

Further information:

https://www.ioshmagazine.com/2021/06/01/what-can-organisations-do-if-employee-refuses-return-work

Safety supervisor was unfairly dismissed. The Employment Appeal Tribunal (EAT) has upheld the claim of a supervisor that he was unfairly dismissed when staff complained about his way of enforcing new health and safety procedures.

Further information:

https://assets.publishing.service.gov.uk/media/608983d3d3bf7f013791e92a/Mr_C_Sinclair_v_Trackwork_Ltd_UKEAT_0129_20_OO__V_.pdf

School boy killed when climbing lockers. Great Baddow High School has been prosecuted over its failure to secure tall lockers to a wall which resulted in a fatal accident.

Further information:

https://press.hse.gov.uk/2021/06/24/high-school-fined-after-child-is-fatally-injured/

School employee fell when using ladder . A school Trust has been prosecuted over an accident caused by the inappropriate use of a ladder. Alternative access equipment was needed for dismantling a canopy roof as it required both hands.

Further information:

https://www.shponline.co.uk/in-court/school-fined-after-worker-injured-in-fall-from-ladder/

BAM Nuttall fined £700,000 for fatal dumper accident. The court found that BAM Nuttall Ltd failed to provide a safe place for maintenance engineers to work after hearing about an accident in which a construction worker was run down and killed by a dumper truck.

Further information:

https://press.hse.gov.uk/2021/06/08/construction-company-fined-after-an-employee-dies-after-being-run-over-by-a-dumper-truck/

Forklift accident lies land director in court. A director of a small firm misused a forklift truck resulting in a delivery driver being paralysed by a falling load, and then lied to investigators.

Further information:

https://www.ioshmagazine.com/2021/06/17/director-lied-about-forklift-incident-which-left-driver-paralysed

Trap door fall. A retailer has been fined £50,000 over a customer’s fall into a basement.

Further information:

https://www.ioshmagazine.com/2021/06/03/beauty-business-fined-ps50000-after-customer-fell-down-open-trapdoor

Electrical burns. A worker was severely burned and knocked unconscious whilst fixing a transformer, a court has heard

Further information:

https://press.hse.gov.uk/2021/06/10/manufacturing-company-fined-after-worker-suffered-multiple-electrical-burns/

Mercedes apprentices burned by unknown chemical. After two apprentices working at Mercedes-Benz of Northampton were burned when using an unknown chemical from an unlabelled barrel, the franchise was fined £360,000.

Further information:

https://press.hse.gov.uk/2021/06/24/company-fined-after-apprentices-suffer-chemical-burns/

Mitre saw severed worker’s hand. The HSE has prosecuted a construction firm after the guard of a mitre saw was propped up to prevent it covering the blade, and an accident resulted in part of a worker’s hand being cut off.

Further information:

https://press.hse.gov.uk/2021/06/10/construction-company-fined-after-worker-seriously-injured-by-a-mitre-saw/

Unguarded machines. An agricultural machinery manufacturer, which ought to have been an expert in machinery guarding has been caught out over the condition of its own machinery after an employee was drawn into an unguarded lathe.

Further information:

https://press.hse.gov.uk/2021/06/25/company-fined-after-worker-has-arm-amputated-following-entanglement-in-machine/

British Airways Plc fined £1.8 million. British Airways Plc has been heavily fined for allowing employees to walk in the centre of an internal roadway for years, before one of them was run down and crushed by a baggage tug.

Further information:

https://press.hse.gov.uk/2021/06/21/british-airways-plc-fined-after-employee-sustained-serious-crush-injuries-in-a-vehicle-collision/

Workers exposed to lead at work. A recent prosecution concerned the exposure of employees to lead dust whilst they were stripping old paint from bell frames at a church.

Further information:

https://press.hse.gov.uk/2021/06/11/foundry-fined-after-workers-exposed-to-lead-dust/

News - June 2021 - Legal Update

Mon, 21 Jun 2021 11:30:47 GMT

News: Coronavirus

Declare that you offer staff testing. A scheme has been launched to allow businesses which signed up for free workplace testing to display posters and sticker to declare this to customers.

Further information:

https://www.gov.uk/government/news/new-we-offer-testing-to-our-staff-scheme-launched

Long-COVID. ACAS has issued guidance on managing workers with Long-COVID.

Further information:

https://www.acas.org.uk/long-covid/whether-long-covid-is-treated-as-a-disability

Reporting COVID-19 under RIDDOR. The HSE has reviewed its guidance, now making it clear that there is no requirement under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) to report incidents of disease or deaths of members of the public, patients, care home residents or service users from COVID-19. The reporting requirements relate only to staff who got COVID through occupational exposure to the virus.

Further information:

https://www.hse.gov.uk/coronavirus/riddor/index.htm

Cleaning. The HSE has improved its guidance on cleaning to reduce the risk from the coronavirus, with the web pages now covering hand hygiene, the safety of cleaning staff, and workplace sanitising.

Further information:

https://www.hse.gov.uk/coronavirus/cleaning/index.htm

Traffic light travel. Countries have now been classified into red, amber and green lists linked to particular rules on testing and self-isolation.

Further information:

https://www.gov.uk/guidance/red-amber-and-green-list-rules-for-entering-england

News: Electric Vehicles

Electric vehicle charging equipment. A guide aimed at engineering inspectors might be worth a read by those who have electric vehicle charging equipment at their premises. It gives an insight into the safe set up, protection and maintenance required.

Further information:

https://www.safed.co.uk/wp-content/uploads/2021/05/ETC04-Issue-1-17-May-2021.pdf

News: CIPD

Hybrid working. Hybrid working is the term used for part-time at the office and part-time home working. The CIPD has published resources to help employers manage these roles.

Further information:

https://www.cipd.co.uk/knowledge/fundamentals/relations/flexible-working/assessing-roles-hybrid-working-flowchart#gref

https://www.cipd.co.uk/knowledge/fundamentals/relations/flexible-working/line-manager-supporting-hybrid-working

News: Fire safety

The Fire Safety Act 2021, enacted on 29th April 2021 addresses some of the recommendations which arose from the Grenfell Inquiry. It makes some changes to the legal requirements for fire safety in England and Wales for premises containing more than one domestic residence. In particular the scope of fire risk assessments in these buildings is broadened to include the external structure and doors between domestic residences and the common parts.

Further information:

https://www.fia.uk.com/news/blogs/what-will-you-have-to-do-to-comply-with-the-current-and-forthcoming-changes-in-fire-safety-legislation.html

News: Working hours

Long working hours are a health hazard. The World Health Organisation says there’s a link between long working hours and the incidence of heart disease and stroke. It estimates there were 745,194 attributable deaths within one year.

Further information:

https://www.sciencedirect.com/science/article/pii/S0160412021002208

News: UK chemicals

Summary of UK chemicals regime post-BREXIT. This paper summarises the new UK approach to the chemical’s regulatory regime.

Further information:

https://commonslibrary.parliament.uk/research-briefings/cbp-8403/#:~:text=REACH

News: HSE

Preventing ill-health at animal visitor attractions. The HSE has published guidance on health protection at open farms and other animal contact attractions.

Further information:

https://www.hse.gov.uk/agriculture/topics/visitor-attractions.htm

HSE targets metal work and lung disease risks. A n inspection campaign will see HSE inspectors turning up at metal fabrication businesses to enforce health requirements for the control of welding fume and metal working fluids.

Further information:

https://press.hse.gov.uk/2021/05/04/health-and-safety-executive-inspections-focus-on-occupational-lung-disease/

Inspectors. The HSE’s internal guidance for inspectors will be worth a look for those in this sector:

Further information:

https://www.hse.gov.uk/foi/internalops/og/og-00122.pdf

Case law:

Fraudulent claim. An employee has lost his claim for damages and been ordered to pay costs of £40,000 after a judge found that he’s vastly exaggerated the injuries he sustained in an accident. Yacob Adan, a baker had tripped while pulling a trolley at Hovis' giant bakery. But whilst he claimed to have suffered brain-damage and a lasting disability he was secretly recorded going about normal life. He had tried to obtain £300,000 compensation for a genuine accident but ended up with less than nothing.

F urther information:

https://www.dailymail.co.uk/news/article-9565513/Hovis-baker-claimed-left-brain-damaged-fall-Kent-factory-hit-40k-legal-bill.html

Wood mill discharged on corporate manslaughter charge. The owners of Bosley Mill have been found not guilty of corporate manslaughter in relation to the deaths of four staff who were killed in an explosion in 2015. The explosion is thought to have been caused by wood dust.

Further information:

https://www.ioshmagazine.com/2021/05/06/manslaughter-charges-dropped-over-bosley-mill-blast

Hi-viz tabard entangled in roller. A printed plastics manufacturer, Alfaplas Limited, has appeared in court over an accident in which a worker’s protective clothing was drawn into a rotating spindle, asphyxiating him until he was saved by a colleague.

The company pleaded guilty to breaching Regulation 11(1), Provision and Use of Work Equipment Regulations 1998 and Regulation 3(1), Management of Health and Safety Regulations 1999 and was fined £150,000 plus costs of £14,379.

Further information:

https://www.shponline.co.uk/in-court/alfaplas-limited-fined-after-a-worker-became-entangled-in-unguarded-machinery/

Allergic reaction to metalworking fluids. A recent case illustrates how exposure to sensitising substances can cause long term allergy and an inability to continue in a career. In this case the substance was metal working fluid, which caused an allergic dermatitis. There was no risk assessment to identify the potential for exposure to hazardous chemicals and no control measures, such as suitable gloves, to prevent skin contact. The employer was fined £100,000.

Further information:

https://press.hse.gov.uk/2021/05/20/automotive-engineering-company-sentenced-after-employee-has-allergic-reaction-at-work/

Young’s seafood fined for machine accident. Young’s Seafood Limited has been fined £787,500 over an accident in which an employee put their hand in a mixer and lost a thumb and two fingers. The accident occurred because an interlock mechanism failed on a guard. The HSE found this was down to poor communications, particularly the fault reporting system and that the emergency stop did not work either.

Further information:

https://press.hse.gov.uk/2021/05/21/company-fined-after-worker-suffers-loss-of-thumb-and-fingers/

Waste company’s £1/2 million fine for BBC project death. Grundon Waste Management Limited has been heavily fined after one of its waste lorries reversed over and killed a traffic marshal at the redevelopment project for the BBC Television Centre. The company had pleaded not guilty.

Further information:

https://press.hse.gov.uk/2021/05/13/company-fined-after-fatal-collision-at-former-television-centre/

Window and door manufacturer fined for stillage accident. A court has heard how an employee of Sovereign Group Ltd, Lancashire, had both legs broken when a three-tonne stack of stillages fell over whilst being relocated. Investigators found that a poor layout and congestion had contributed, along with a lack of safe systems of work for lifting operations.

Further information:

https://press.hse.gov.uk/2021/05/19/2632/

Dragged by forklift truck. A meat supplier has pleaded guilty to breaching Regulation 4, Workplace (Health, Safety and Welfare) Regulations 1992 by not having segregation between pedestrians and forklift trucks. Kepak Group Limited was fined £600,000 with costs of £ £38,183 over an accident in which a worker was run down and dragged beneath a forklift truck, causing the loss of a leg.

Further information:

https://press.hse.gov.uk/2021/05/26/company-fined-after-worker-suffered-life-changing-injuries-in-transport-incident/

Worker was pulled into CNC lathe. A recent case concerned an accident at a computer operated lathe, caused by the deliberate by-passing of safety devices.

Further information:

https://press.hse.gov.uk/2021/05/27/engineering-company-fined-after-worker-suffered-multiple-injuries/

Asbestos exposure. A principal contractor that failed to obtain an asbestos survey prior to refurbishment work allowed work to continue even after it was warned by a sub-contractor that suspect materials had been disturbed. ASAI Construction Ltd pleaded guilty to breaching Section 3(1), Health and Safety at Work etc Act 1974 and was fined £30,000 plus costs of £2,837.

Further information:

https://press.hse.gov.uk/2021/04/28/construction-firm-fined-after-workers-exposed-to-asbestos/

Prison for RIDDOR breach. A builder has been jailed for 24 weeks after failing to report an accident under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR). A project which Paul Adams had run had experienced an overturning accident with a digger which resulted in a leg amputation, but crucial evidence was unobtainable when the HSE found out eight months later, resulting in the prosecution.

Further information:

https://www.shponline.co.uk/construction/custodial-sentence-for-builder-who-failed-to-report-incident/

Equipment fell whilst lowering. A court has heard how a roofing company subcontracted a job without the client’s knowledge but failed to ensure that there were safe methods of work. The air conditioning plant was then lowered during strong winds, falling on a worker and causing a broken leg. NMC Surfacing Limited (NMC) pleaded not guilty to a breach of Regulation 13(1), Construction (Design and Management) Regulations 2015 but was convicted and fined £350,000 plus costs of £45,122.

Fraden Contracts Limited pleaded guilty to a breach of 15(2), Construction (Design and Management) Regulations 2015, and was fined £14,000 with costs of £6,015.

Further information:

https://press.hse.gov.uk/2021/05/14/two-construction-companies-fined-after-worker-injured-during-lifting-operation/

Scaffold collapse. A scaffold tower which was too tall to be safe, overloaded, and incorrectly put up, was the cause of an accident, a court has heard. The tower partially collapsed during demolition work injuring two workers. In court Invictus Facilities and Construction Management Limited pleaded guilty to breaching Section 3(1), Health and Safety at Work etc. Act 1974 was fined £106,000 and ordered to pay costs of £8,501.

Director Simon Paul Wright pleaded guilty to a breach of Section 37(1), Health and Safety at Work etc. Act 1974 and was ordered to undertake 150 hours of unpaid work.

Further information:

https://press.hse.gov.uk/2021/05/17/company-and-director-sentenced-after-two-workers-injured-in-falls-from-height/

Buried in excavation. East Yorkshire builder, Harlands Builders Limited has appeared in court after a ground worker was injured in the partial collapse of a two-metre-deep excavation.

Further information:

https://press.hse.gov.uk/2021/05/24/construction-company-fined-after-excavation-collapse/

News - May 2021 - Legal Update

Fri, 21 May 2021 11:30:48 GMT

News: Coronavirus

Coronavirus advice updated. The HSE has provided updated advice on coronavirus precautions including how to avoid its spread, ventilation, protecting vulnerable staff and more.

Further information:

https://www.hse.gov.uk/coronavirus/index.htm

https://www.hse.gov.uk/coronavirus/legionella-risks-during-coronavirus-outbreak.htm

https://www.hse.gov.uk/coronavirus/assets/docs/risk-assessment.pdf

Return to work. ACAS has updated its comprehensive advice on the action employers should take when managing the return to work for employees.

Further information:

https://www.acas.org.uk/coronavirus

Track and Trace changes. From 12 April 2021 track and trace rules require the collection of all names and contact details of relevant visitors, not only the group leader details.

Further information:

https://www.gov.uk/guidance/nhs-test-and-trace-workplace-guidance

International travel. A traffic light system will be brought in from 17th May at the earliest to categorise countries by the restrictions required for travel.

Further information:

https://www.gov.uk/government/news/global-travel-taskforce-sets-out-framework-to-safely-reopen-international-travel

News: Construction

Construction sites can operate until 9pm. The Housing Secretary has announced an extension of permission to work on sites until 9pm, with the temporary measure remaining in place until 30 September 2021.

Further information:

https://questions-statements.parliament.uk/written-statements/detail/2021-03-25/hcws902

News: Plant safety

Cherry picker warning. The HSE has carried out research into the risk of being crushed whilst operating a cherry picker, a risk which is demonstrated by this case. The case concerns an accident in which a cherry picker operator had his neck crushed between the vehicle platform rail and the roof of an industrial shed.

Further information:

https://press.hse.gov.uk/2021/04/09/demolition-company-fined-after-worker-sustained-life-changing-injuries/

News: Fire safety

The Fire Safety Bill has now passed through parliament and will be enacted in the near future. The Bill will amend the Regulatory Reform (Fire safety) Order 2006, to bring within its scope additional parts of blocks of flats, including the external walls. The outcome will be that fire risk assessments for blocks of flats will need to be more comprehensive in future.

Further information:

https://www.fia.uk.com/news/fire-safety-bill-has-been-passed-leaving-leaseholders-horrified.html

News: Gas safety

Reducing fire risk in oxygen regulators. T hose who use industrial oxygen should familiarise with this latest advice from the European Industrial Gases Association

Further information:

https://www.eiga.eu/publications/safety-informations/info-1621-fires-in-cylinder-regulators-in-industrial-oxygen-in-service/

News: HSE

Gig Economy. A change in the law will give casual workers the same rights as other workers by being protected from detrimental treatment in health and safety disputes.

Further information:

https://www.legislation.gov.uk/ukdsi/2021/9780348220636/contents

Temporary Workers. The HSE has updated its guidance on the subject of temporary workers.

Further information:

https://www.hse.gov.uk/vulnerable-workers/gig-agency-temporary-workers/employer/index.htm

Stress tools. The HSE has developed new resources on stress management including a “talking toolkit” which helps managers have discussions with staff.

Further information:

https://press.hse.gov.uk/2021/04/06/new-tools-to-prevent-reduce-and-manage-stress-in-the-workplace/

Sealed inflatables. Sealed air inflatables have a broad range of applications in the entertainment and leisure sector, e.g. trampolines, crash barriers, floating platforms, structures. In this latest advice from the HSE you can read about the risks and the expected control measures.

Further information:

https://www.hse.gov.uk/entertainment/fairgrounds/inflatables/index.htm

Case law:

Prison sentence for publican’s disregard for electrical safety. A pub landlord and his electrician brother-in law have been sentenced in connection with the death of a seven-year-old boy who was electrocuted in the pub’s beer garden.

Further information:

https://news.met.police.uk/news/two-men-jailed-following-death-of-seven-year-old-boy-at-romford-pub-425438

Premise’s failure caused electrical arc and fire. Network Rail has been prosecuted after it allowed a building to become very damp, making it an unsafe place of work for the electrical work which was required there.

Further information:

https://www.ioshmagazine.com/2021/04/29/substation-fire-leads-ps700000-fine-network-rail

Hearing damage from exposure to fire alarm. A tanning salon worker has been awarded £241,000 for hearing damage caused by working for four hours with a fire alarm sounding at between 82 and 87 decibels. Her manager insisted she stay at work despite the discomfort.

Further information:

https://www.scotcourts.gov.uk/docs/default-source/cos-general-docs/pdf-docs-for-opinions/2021scedin020.pdf?sfvrsn=0

Member of public fatally struck head in fall. A school has been prosecuted over an accident to a visitor at night who tripped over a poorly lit low wall.

Further information:

https://press.hse.gov.uk/2021/03/31/school-fined-after-member-of-the-public-sustains-fatal-head-injury-in-fall

News - April 2021 - Legal Update

Wed, 07 Apr 2021 13:09:34 GMT

News: Coronavirus: Latest news

Reopening. The steps and indicative dates for certain businesses and venues to reopen are described here: Further information:

https://www.gov.uk/government/publications/reopening-businesses-and-venues-in-england

Shielding. From 1 April, shielding stops for those who have been identified as clinically extremely vulnerable. However, caution is recommended and employers will need to assess the risk and do what they can to maximise protection for workers in this category.

Further information:

https://www.gov.uk/guidance/covid-19-coronavirus-restrictions-what-you-can-and-cannot-do

Returning to work guidance. The House of Commons Library service and the HSE, between them, provide comprehensive guidance on the various issues to consider when reopening/ restarting.

Further information:

https://commonslibrary.parliament.uk/research-briefings/cbp-8916/

https://www.hse.gov.uk/coronavirus/roadmap-further-guidance.htm

Travel. UK travellers on international flights or ferries need to carry a form that describes why their trip is permitted under the stay at home restrictions.

Further information:

https://www.gov.uk/government/news/mandatory-form-for-international-travel-launched-to-prevent-illegal-trips

Travel. The EU launched its certificate scheme to provide digital proof that a person has been vaccinated against COVID-19, has recovered from COVID-19 or has a negative test result.

Further information:

https://ec.europa.eu/commission/presscorner/api/files/attachment/868347/Digital%20Green%20Certificates_factsheet_EN.pdf.pdf

Workplace testing. Different countries within the UK have differing arrangements for the provision of testing. In England all businesses can now sign up for a rapid testing programme, but must do so by 12 ^th April and the scheme which will remain free until at least the end of June.

Further information:

https://www.gov.uk/government/news/free-rapid-tests-for-all-businesses-for-regular-workplace-testing

Workplace testing. Introducing testing can be contentious. Read the ACAS guide for assistance in how to do so.

Further information:

https://www.acas.org.uk/working-safely-coronavirus/testing-staff-for-coronavirus

Pregnant employees. Employers must include coronavirus in their risk assessment for the work of new and expectant mothers by following this advice:

Further information:

https://www.gov.uk/government/publications/coronavirus-covid-19-advice-for-pregnant-employees

Ventilation. The HSE has updated its advice on ventilation, yet again, having done so in December. It’s more detailed and there’s more focus on how to assess and mitigate risk.

Further information:

https://www.hse.gov.uk/coronavirus/equipment-and-machinery/air-conditioning-and-ventilation

Talking to workers about coronavirus. The HSE has updated its guidance for employers to help them get workers on board with their coronavirus precautions.

Further information:

https://www.hse.gov.uk/coronavirus/working-safely/talking-to-your-workers/index.htm

News: Fire safety

Fire safety legislation changes. The Government has published its response to a public consultation on fire safety. It reports that building owners could face unlimited fines for fire safety failures. There will be various legal changes to extend the scope of requirements and improve compliance.

Further information:

https://www.gov.uk/government/news/unlimited-fines-for-those-who-breach-fire-safety-regulations

News: HSE

HSE fees. The HSE will be charging more for licences and other fixed price services from April 2021 as a result of the Health and Safety and Nuclear (Fees) Regulations 2021. The Fees for Intervention charge for inspectors’ time is not covered in the regulations, but the hourly rate is expected to increase from the current £157 before the end of April 2021.

News: Workplace

Lift machine rooms. This document describes the safety features which should be present in lift machine rooms and will be of interest to anyone owning, managing, or working with passenger or goods lifts.

Further information:

https://www.safed.co.uk/wp-content/uploads/2021/02/MLCC02-Issue-03-dated-16-Feb-2021.pdf

News: Food safety

Compressed gases in catering. The document provides advice on safe and appropriate storage, handling, use, gas quality and storage conditions for industrial and food gases.

Further information:

http://www.bcga.co.uk/assets/BCGA%20GN%2033%20-%20Original%20-%2004-03-2021.pdf

News: Gig economy

Gig economy workers. The HSE has published new online guidance for those employing workers on a temporary contract including those who are self-employed. It covers the roles of suppliers and end user businesses, accident reporting and sector-specific guidance.

Further information:

https://www.hse.gov.uk/vulnerable-workers/gig-agency-temporary-workers/employer/index.htm

Case law:

Disc-cutter accident. A construction company has been prosecuted over a serious accident to a self-employed ground worker in which a petrol disc cutter ‘kicked up’ and struck his arm. He was cutting reinforced concrete beams at the time but the task had not been risk assessed and the man had no training in the use of the equipment.

Further information:

https://press.hse.gov.uk/2021/03/04/construction-company-sentenced-after-worker-sustains-life-changing-injuries/

Demolition errors caused electrical fire. Walden Builders Ltd has been prosecuted for attempting to save costs by not having a 415v supply safely isolated prior to demolition work.

Further information:

https://press.hse.gov.uk/2021/03/11/construction-company-fined-after-worker-suffered-multiple-burns/

Working platform failed. Two construction companies have appeared in court over an incident in which a proprietary polypropylene working platform collapsed because it had not been competently built.

Further information:

https://press.hse.gov.uk/2021/03/17/two-construction-companies-fined-after-working-platform-failed/

Staff injured in chemical spill. A poorly managed chemical spill clean-up caused employees severe illness and landed their employer in court.

Further information:

https://press.hse.gov.uk/2021/03/11/global-engineering-company-fined-after-employees-exposed-to-chemical-spill/

Mechanic fell into inspection pit. A motor vehicle repairer has been fined after an employee fell into a vehicle inspection pit more than five feet deep and needed surgery for serious head and shoulder injuries. The industry standards set by HSE require barriers or pit covers to prevent falls, even where the pit is partially covered by a vehicle as in this case.

Further information:

https://press.hse.gov.uk/2021/03/19/garage-sentenced-after-mechanic-suffers-life-changing-injuries-in-a-fall/

News - March 2021 - Legal Update

Sun, 07 Mar 2021 11:43:55 GMT

News: Coronavirus: Latest news

Reopening. “COVID-19 Response - Spring 2021” sets out the planned steps out of the current lockdown for England. “Stay at home” guidelines have been updated to take into account the planned changes.

Further information:

https://www.gov.uk/government/publications/covid-19-response-spring-2021

https://www.gov.uk/guidance/national-lockdown-stay-at-home

The strategic framework for reopening in Scotland has also been published.

Further information:

https://www.gov.scot/publications/coronavirus-covid-19-strategic-framework-update-february-2021/

Testing. Do you want to do rapid testing at work? Businesses in England with 50 or more employees can sign up for the rapid testing programme, delivering regular lateral flow testing in the workplace.

Further information:

https://www.bbc.co.uk/news/uk-55967069

Travel guidance. Requirements have changed for those arriving in the UK from abroad including testing, enforced isolation and home quarantine, depending on the circumstances.

Further information:

https://www.gov.uk/guidance/travel-advice-novel-coronavirus

https://www.gov.uk/government/publications/managed-quarantine-what-to-expect

https://www.gov.uk/government/publications/coronavirus-covid-19-travellers-exempt-from-uk-border-rules

Coronavirus data. The HSE has published coronavirus case data from RIDDOR reports between 10 April 2020 and 6 February 2021. There were 27,446 occupational disease notifications of COVID-19 in workers including 318 deaths. The highest numbers were from January 2021.

Further information:

https://www.hse.gov.uk/statistics/coronavirus/index.htm

Coronavirus data. The Office for National Statistics has given a provisional analysis of deaths involving the Coronavirus for the working age population showing that men made up two thirds of the fatalities and those in occupations involving close contact with colleagues were the most at risk.

Further information:

https://www.ioshmagazine.com/2021/02/02/report-reveals-covid-deaths-occupation

‘Flu quashed by coronavirus precautions. No cases of seasonal ‘flu have been recorded by Public Health England in 2021, suggesting that coronavirus restrictions and measures have eliminated it.

Further information:

https://www.shponline.co.uk/blog/can-the-spread-of-workplace-illness-be-avoided-post-covid-by-increased-remote-working/

First Aid training news. The HSE says that trainer can choose not to include practical training on rescue breaths whilst coronavirus transmission rates are very high.

Further information:

https://www.hse.gov.uk/coronavirus/first-aid-and-medicals/first-aid-certificate-coronavirus.htm

Ventilation. The HSE has updated its web page with the latest information on ventilation for reducing coronavirus risk.

Further information:

https://www.hse.gov.uk/coronavirus/equipment-and-machinery/air-conditioning-and-ventilation.htm

Disinfection options. In this guidance the HSE has warned against the use of walk-through tunnels designed to disinfect clothing and explained the correct use of fog, misting and ultra-violet systems.

Further information:

https://www.hse.gov.uk/coronavirus/disinfecting-premises-during-coronavirus-outbreak.htm

Delivery drivers. The HSE has updated its website guidance on welfare arrangements for visiting delivery drivers.

Further information:

https://www.hse.gov.uk/coronavirus/drivers-transport-delivery.htm

News: Fire safety

High rise funding. Two funding routes have been announced to help those stuck in high-rise flats with sub-standard fire precautions and dangerous cladding. There’s an additional £3.5bn fund to replace unsafe cladding on residential buildings with an upper floor at 18 metres or above, a low interest loan scheme to manage the costs for those in low-rise buildings and £30 million to pay for interim waking watches.

Further information:

https://www.moneysavingexpert.com/news/2021/02/cladding-announcement/

https://www.fsmatters.com/Waking-Watch-Relief-Fund-open-for-applications

News: Metal fabricators receive HSE letter

The HSE says it has written to fabricated metal businesses across Great Britain to raise awareness of its expectations for the management of health risks.

Further information:

Information on welding safety can be found here: https://www.hse.gov.uk/welding/index.htm and on metalworking fluids here: https://www.hse.gov.uk/metalworking/ecoshh.htm

Case law: Brewery fined for fire breaches

Operators of a venue and brewery in Bristol were caught out after a chimney fire led to fire officers investigating their arrangements. In court the firm pleaded guilty to four breaches of fire safety legislation and it was fined £120,000.

Further information:

https://www.fsmatters.com/Microbrewery-fined-for-breaching-FSO

Case law: Worker fell through hole

A court has heard how workers cut a hole in the floor of a property under refurbishment, to allow plasterboard to be passed up to the second floor. A worker later fell through suffering fractures to his back. The plastering firm and Principal Contractor were each fined.

Further information:

https://press.hse.gov.uk/2021/02/04/construction-company-and-plastering-firm-fined-after-employee-falls-from-height/

Case law: Asbestos

Asbestos breaches. A property management company and its construction contractor have been prosecuted after asbestos containing materials (ACMs) were left in an area where the public were put at risk.

Further information:

https://press.hse.gov.uk/2021/02/12/construction-firms-fined-due-to-unsafe-removal-of-asbestos/

In a separate unrelated case, the owner of a demolition company was personally charged over unsafe demolition work which caused damage to underground cables on four occasions and also involved the removal of asbestos containing materials in an uncontrolled manner.

Further information:

https://press.hse.gov.uk/2021/02/22/contractor-sentenced-following-safety-failings-during-demolition-work/

Roofers fell through fragile surface. A company has been fined £165,000 after a roofer fell ten-metres to his death due to a lack of precautions when working on a fragile roof.

Further information:

https://press.hse.gov.uk/2021/02/23/roofing-company-fined-after-worker-suffers-fatal-injuries-in-fall/

Case law: Staff put bins on the forks of a truck

A manufacturing company has been prosecuted after an unsafe system of work caused on employee to fall and another to be impaled.

Further information:

https://press.hse.gov.uk/2021/02/04/company-fined-after-workers-injured-in-forklift-truck-crash/

Case law: £200,000 for crush fatality

A sawmill company has been prosecuted after one employee was killed and another injured when a machine dropped due to it being unsupported during maintenance.

Further information:

https://press.hse.gov.uk/2021/01/29/sawmill-company-fined-after-worker-fatally-injured-by-machinery/

Case law: Lathe accidents

Two recent cases involved workers hands being drawn into a running lathe. One involved a glove and the other emery cloth.

Further information:

https://press.hse.gov.uk/2021/01/28/company-fined-after-workers-hand-caught-in-metalworking-lathe/

https://press.hse.gov.uk/2021/02/22/metal-supplier-fined-after-employee-suffers-multiple-fractures/

News - February 2021 - Legal Update

Fri, 05 Feb 2021 17:30:22 GMT

News: Coronavirus: Latest news

Ventilation. The HSE has published guidelines on how to check and boost ventilation in order to reduce the risk of coronavirus transmission

Further information:

https://www.hse.gov.uk/coronavirus/equipment-and-machinery/air-conditioning-and-ventilation.htm

Vulnerable staff. The HSE has published guidance on protecting the clinically extremely vulnerable and pregnant workers

Further information:

https://www.hse.gov.uk/coronavirus/working-safely/protect-people.htm

Enforcement. This briefing paper describes the powers to enforce the restrictions including details of the Fixed Penalty Notices issued up until 20 December 2020. If your activities are subject to enforcement by the HSE rather than the Local Authority, you may receive a visit from a private company such as one named “Engage”, appointed to carry out COVID inspections on the HSE’s behalf. If visited by such a firm, they will only focus on COVID-safe precautions and will be able to show a “letter of authorisation” and ID badge to confirm their status.

Further information:

https://commonslibrary.parliament.uk/research-briefings/cbp-9024/

International travel. The UK Government has updated information regarding travel during the pandemic including the list of countries from which travel is banned, other than for UK residents, and requirements for valid proof of a negative coronavirus test.

Further information:

https://www.gov.uk/guidance/transport-measures-to-protect-the-uk-from-variant-strains-of-covid-19#history

Latest pandemic operating rules. The rules in the four countries of the UK continue to change rapidly. The latest information can be found here, including links to web pages covering the rules for Scotland, Wales and Northern Ireland.

Further information:

https://www.gov.uk/coronavirus

Construction coronavirus guidelines. The Construction Leadership Council (CLC) has published version 7 of its Site Operating Procedures for coronavirus. The amendments to this version are minor, covering the latest advice on self-isolation and the removal of the requirement to display a QR code in site canteens.

Further information:

Site-Operating-Procedures-Version-7.pdf (constructionleadershipcouncil.co.uk)

Flowchart of what to do if there’s a positive case. Build UK has published a flowchart showing the action required if there’s a positive coronavirus case in the workplace.

Further information:

What-To-Do-If-A-Worker-Has-COVID-19-Or-Has-To-Self-Isolate.pdf (builduk.org)

News: post-Brexit

BREXIT guidance. A short summary of the changes affecting health and safety after the UK left the EU has been published by IOSH magazine.

Further information:

https://www.ioshmagazine.com/2021/01/08/brexit-update-changes-health-and-safety

This leaflet by Defra sets out how to comply with chemicals registration legislation.

Further information:

https://the-ncec.com/en/news-en/defra-updates-guidance-on-how-to-comply-with-reach-chemical-regulations-from-1-january-2021

News: Work equipment

The HSE has updated its leaflet on the purchase of new machinery.

Further information:

https://www.hse.gov.uk/pubns/indg271.pdf

News: Drones

In January 2021 the rules for drone use changed, aligning the regimes for commercial and leisure activities. Under the rules, there are three types of drone category: high, medium and low. There will be limitations on the use of all drones, and those in the medium and high risk categories will attract additional regulatory requirements.

Further information:

https://www.shponline.co.uk/legislation-and-guidance/drone-users-face-new-rules-across-europe-and-uk/

Case law: Unsafe manual handling

A construction director has been personally prosecuted after a stack of plasterboard crushed a worker, causing him to suffer a broken pelvis.

Further information:

https://press.hse.gov.uk/2021/01/16/company-director-sentenced-after-worker-sustains-serious-crush-injuries/

Case law: Scaffold collapsed in storm

A scaffolding company comprising just two workers has been fined £15,000 over the collapse of an untied scaffold at Coventry Skydome.

Further information:

https://www.ioshmagazine.com/2021/01/29/cdm-conviction-over-scaffold-collapse

Case law: Friend’s favour caused life altering injury

A maintenance firm has been fined after a friend of the director suffered serious injuries whilst assisting him on a project at Weird Fish Limited in Cheltenham. The man had removed his harness to go for a break and stepped backwards, falling six metres through the roof and suffering serious abdominal injuries from which he has not recovered.

Further information:

https://press.hse.gov.uk/2021/01/22/maintenance-company-fined-after-worker-falls-from-height/

Case law: Host company blamed for death of visiting driver

Companies which receive or send heavy equipment and materials from their premises should take note of this case in which a firm was prosecuted for a fatality to a visiting driver. The man was collecting a steel frame from the site when the lift went wrong and he was crushed whilst standing on the back of the trailer. There was no lifting plan for the job.

Further information:

https://press.hse.gov.uk/2021/01/21/steel-company-fined-after-driver-fatally-injured-while-loading-flatbed-trailer/

Case law: Caretaker fell when collecting footballs from school roof

The governing body of a school has been prosecuted over an accident in which an assistant site manager fell from a roof, sustaining multiple fractures. The man was collecting footballs which had become lodged at roof level – a well-known cause of fall from height accidents in schools.

Further information:

https://press.hse.gov.uk/2021/01/22/high-school-governing-body-fined-after-worker-falls-from-roof/

Case law: Practical joke went wrong

A contractor has lost his claim for damages against a host company after his hearing was damaged by one of the firm’s employees playing a practical joke with pellet targets. The court found that the event was not foreseeable and the company was not liable.

Further information:

https://www.ioshmagazine.com/2021/01/19/workers-appeal-damages-after-horseplay-dismissed

Case law: Bandsaw accident

This case illustrates the need to ensure that covers which hide dangerous parts of machines should not be readily openable. In the case described, an employee suffered a serious hand injury when he reached into the machine housing of a bandsaw to try to identify the cause of stoppage.

Further information:

https://press.hse.gov.uk/2021/01/11/sawmill-firm-sentenced-after-serious-hand-injury/

News - January 2021 - Legal Update

Tue, 05 Jan 2021 17:30:25 GMT

News: Coronavirus: Latest news

As England and Scotland return to a state of national lockdown what does it means for businesses around the country? In reality, the rules for businesses which are permitted to stay open, are no different. “Working from home if you can” has been emphasised therefore if this has not been implemented as fully as possible, now’s the time for a review. Other measures are the same as previous: Social distancing, high levels of hygiene, ventilation, screens etc.

The majority of additional restrictions across all four nations are primarily social, e.g. restrictions on gatherings outside your household, the number of people you can meet, how far you can travel for leisure purposes etc.

The main message in this lockdown is again, stay at home unless you have a reasonable excuse, for example for work or education purposes.

Those who are clinically extremely vulnerable or were shielding under previous guidance, are strongly advised to work from home and if that is not possible they have been advised that they should not attend work. Employers have not been given similar advice, for example they are not told to prevent such workers attending. However, should you become aware that someone is at increased risk, you should review your risk assessment, consider alternative and lower risk roles, or make changes which enable those staff to work from home. Failing that the furlough scheme has been extended until the end of April 2021.

The timescale for the additional restrictions is different across all four nations but in general we can expect to be in this current state until February at the earliest.

Further information:

The full list of businesses who can stay open and those who must close can be found here: https://www.gov.uk/guidance/national-lockdown-stay-at-home#going-to-work

On 14 December the period for self-isolation required for close contacts of those with confirmed coronavirus, was reduced from 14 days to 10 days. The same period of self-isolation applies to those instructed to quarantine after returning from a high-risk country.

Further information:

Any business which believes it has an outbreak, i.e. more than one suspected case, should refer to the following procedure: https://coronavirusresources.phe.gov.uk/reporting-an-outbreak/

Employers are able to refer essential workers for coronavirus testing via the government’ portal.

Further information:

https://www.gov.uk/guidance/coronavirus-covid-19-getting-tested#essential-workers

If employers want to bring in private vaccination programmes, the CIPD has provided guidelines. https://www.cipd.co.uk/news-views/coronavirus/faqs/protecting-workforc e

The HSE has reminded businesses of procedures for the safety of delivery drivers, including providing access to toilet and hand washing facilities.

Further information:

https://www.hse.gov.uk/coronavirus/drivers-transport-delivery.htm

News: post-Brexit

The government advises that those who currently make products to harmonised standards, must from January 2021, apply “designated standards” which will effectively mean a continuation.

Further information:

https://www.gov.uk/guidance/designated-standards

News: Building standards updated to increase fire safety

The fire safety standards for new builds and alterations, changed on 26 ^th November, when an updated version of Approved Document B came into force. Sprinklers are now required when a building’s top storey is 11 metres from the ground (typically four floors) rather than the previous 30 metres. There are also other new requirements such as wayfinding signage for the fire service.

Further information:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/937931/ADB_Vol1_Dwellings_2019_edition_inc_2020_amendments.pdf

News: Research looks at sight lines for drivers of earth moving machines

The Fire Industry Association says it is frequently asked the question as to the meaning of BS 5839-1:2017 clause 17.2b) which relates to the provision of visual alarm devices. Specifically, it has been asked whether these are required in every toilet cubicle where the partitions are full height. Its conclusion is that usually this would be the case as to do otherwise would be a variation from the expected standard.

Further information:

https://www.hse.gov.uk/research/rrhtm/rr1156.htm

News: Construction dust enforcement

With the HSE continuing to focus on the management of health hazards including construction dust, this internal operations instruction for inspectors is worth a read. It gives an insight into how an inspector is likely to approach the subject.

Further information:

https://www.hse.gov.uk/foi/internalops/og/og-00017.pdf

Case law: High voltage electrical accident

Sellafield Ltd has been fined £320,000 after an electrician was burned in a flashover while working on high voltage equipment. The staff member had little recent experience of working with high voltage equipment and made incorrect assumptions, leading to the accident. The company was criticised for a lack of training, procedures and warning signage.

Further information:

https://www.ioshmagazine.com/2020/12/22/nuclear-site-pleads-guilty-over-high-voltage-injury

Case law: Hand-arm Vibration Syndrome (HAVS)

A Manchester engineering company has been fined £300,000 for an employee’s HAVS condition caused by a lack of monitoring and control over the use of vibrating tools.

Further information:

https://press.hse.gov.uk/2020/11/26/engineering-firm-sentenced-after-employee-suffers-permanent-nerve-damage/

Case law: Slip in icy weather from conservatory roof

A conservatory and window fitting company has appeared in court over an accident during adverse weather conditions whilst workers were replacing a conservatory roof.

Further information:

https://press.hse.gov.uk/2020/11/26/company-sentenced-after-worker-injured-in-fall-from-roof/

Case law: Fall through plasterboard ceiling

Two companies have been fined after an electrician installing cables in the loft of a new-build home, fell through a plasterboard ceiling.

Further information:

https://press.hse.gov.uk/2020/12/11/companies-fined-for-failing-to-comply-with-work-at-height-regulations/

Case law: Untrained crane driver caused fall from height

A court has heard how an apprentice was forced to jump out of the way of a falling crane boom, when the crane operator made a mistake in the setup of the machine. M&J Engineers was convicted of a safety offence and fined £220,000, plus costs of £65,443.

Further information:

https://press.hse.gov.uk/2020/11/27/engineering-company-sentenced-after-apprentice-narrowly-escapes-serious-injury/

Case law: Metal object catapulted when sling failed

A groundworks contractor has appeared in court over an accident in which a worker suffered multiple leg fractures. It occurred when a team was laying a 20-tonne foul sewer pipe by pulling it into a 240m trench, when one of the slings being used to pull the pipe failed catastrophically.

Further information:

https://press.hse.gov.uk/2020/12/11/groundworks-company-fined-after-employee-suffers-multiple-leg-fractures-in-workplace-incident/

News - December 2020 - Legal Update

Thu, 03 Dec 2020 14:50:38 GMT

General News

Latest HSE statistics. Data for 2019/20 shows that 1.6 million workers suffered occupational ill health and that 51% of it was categorised as stress, depression or anxiety. These figures came from surveys directly of workers. It’s the highest level of mental ill health related to work ever recorded. The statistics also include numbers and categories of accidents.
https://press.hse.gov.uk/2020/11/04/hse-releases-annual-injury-and-ill-health-statistics-for-great-britain-2/

Guidance on shielding and protecting those who are clinically extremely vulnerable. The government has published updated guidance on shielding, including advice for individuals and employers.
https://www.gov.uk/government/publications/guidance-on-shielding-and-protecting-extremely-vulne rable-persons-from-covid-19/guidance-on-shielding-and-protecting-extremely-vulnerable-persons-from-covid-1 9

Coronavirus: Latest official guidance. The government has published guidance on the local restriction tier system that has been introduced from 2 December, and its winter plan.
https://www.gov.uk/guidance/local-restriction-tiers-what-you-need-to-know https://www.gov.uk/government/publications/covid-19-winter-plan

Specific sector guides have also been updated and can be found here: https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19?priority-taxon=774cee22-d896-44c1-a611-e3109cce8eae

Workers concerned about coronavirus at work. Researchers have found that one in three workers are worried about the risk of catching COVID-19 in their workplace. It shows that low paid workers are most likely to have concerns but least likely to raise them. https://www.shponline.co.uk/workplace-illness/more-than-one-in-three-workers-are-worried-about-catching-covid-19-at-work/

Brexit: CLC publishes movement of goods and materials guide. The Construction Leadership Council is warning that there could be materials supply delays in the new year due to Brexit. With new customs rules from 1 January 2021 and 14.5% of all construction products imported from the EU, you should be prepared. 9Shortages can cause safety issues both during the construction and in the finished structure, particularly where workers decide to “innovate” to press ahead with construction.
https://www.constructionleadershipcouncil.co.uk/news/brexit-clc-publishes-movement-of-goods-and-materials-guide /

UK Chemicals registrations, post-Brexit. UK REACH will take the place of the EU REACH Regulation from 1 January 2021. The regulations which will control the marketing and sale of hazardous substances are coming into force under the European Union (Withdrawal) Act 2018. There will be some impact on suppliers and importers but for end users the effect will be to replicate the key principles of EU REACH Regulation.
https://www.hse.gov.uk/brexit/reach-guidance.htm

Gaseous fire extinguishing systems. Euralarm has published a technical guide to the differences between quality marks for automated gaseous extinguishing systems. The document will be useful to those specifying such systems.

https://www.fia.uk.com/news/euralarm-releases-guidance-document-on-gaseous-systems.html

CIPD guide to mental health support in the pandemic. The CIPD has published a guide to supporting staff with mental health matters. https://www.cipd.co.uk/Export/ToPdf?path=%252fknowledge%252fculture%252fwell-being%252fsupporting-mental-health-workplace-return

Ventilation: Coronavirus. As part of the “Hands. Face. Space” campaign, the government has released a short film showing how coronavirus becomes diluted by fresh air, and lingers in enclosed spaces. Being in a room with fresh air can reduce the risk of infection by more than 70%.
https://www.gov.uk/government/news/new-film-shows-importance-of-ventilation-to-reduce-spread-of-covid-19

The Fire Safety Bill. The House of Lords has had its third reading of the Fire Safety Bill which will amend the Regulatory Reform (Fire Safety) Order 2005 to make buildings safer for residents. The Bill includes the duty to manage fire risk of exterior balconies and cladding of high-rise blocks, as well as flat entrance doors. https://www.shponline.co.uk/fire-protection/fire-safety-bill-receives-amendments-from-house-of-lords/

Cancer risk for drivers. Research has found that professional drivers exposure to air pollution puts them at increased risk of cancer. https://airqualitynews.com/2020/11/16/professional-drivers-put-at-greater-risk-of-cancer/

Visual alarm devices in toilet facilities. The Fire Industry Association says it is frequently asked the question as to the meaning of BS 5839-1:2017 clause 17.2b) which relates to the provision of visual alarm devices. Specifically, it has been asked whether these are required in every toilet cubicle where the partitions are full height. It’s conclusion is that usually this would be the case as to do otherwise would be a variation from the expected standard.

https://www.fia.uk.com/news/visual-alarm-devices-vad-in-full-height-toilet-cubicles.html

Plumbers in Scotland and Northern Ireland affected by card changes. Plumbing and heating professionals who rely on ‘grandfather rights’ to maintain their membership of Scottish & Northern Ireland Joint Industry Board (SNIJIB)/ CSCS scheme are being reminded that they’ll be affected by grading changes taking effect from 1 January 2021. Once the changes take place, they’ll require evidence of meeting required training certification in order to renew.

https://www.theconstructionindex.co.uk/news/view/plumbers-reminded-of-ticking-clock-under-grandfather-rights-scheme

Unite wants face coverings worn indoors on construction sites. The Unite union is requesting a revision to the Construction Leadership Council’s Covid-19 site operating procedures to require face coverings for indoor construction work. The current procedures already require construction workers to wear face masks when working in an enclosed space or where social distancing cannot be maintained, therefore if accepted, this would be a slightly increased requirement.

https://www.theconstructionindex.co.uk/news/view/union-calls-for-tighter-face-mask-rules

Guidance on asbestos enclosure air management. As a result of research and consequent changes to the Approved Code of Practice, the Asbestos Removal Contractors Association has published guidance which clarifies air management requirements within enclosures.

https://www.arca.org.uk/Download/ARCA%20GN006-V01120-Air%20management%20in%20asbestos%20enclosures%20-%20v225112020.pdf

Case Law

Scaffold dismantling was flawed. Formula Scaffolding (London) Limited has been found guilty in its absence, of health and safety offences leading to the collapse of scaffolding in Maidenhead in 2018. The incident which was blamed on an unsafe dismantling sequence and an underlying lack of training for operatives. The company was fined £160,000.

https://press.hse.gov.uk/2020/11/09/scaffolding-company-fined-after-scaffolding-collapsed/

Gas explosion led inspectors to asbestos breaches. A gas explosion in October 2017 drew the HSE’s attention to the management of a redevelopment project. The property in question was being converted into four flats and inspectors investigating the circumstances of the explosion found that asbestos was not being adequately controlled. The survey for the substance was only an Asbestos Management Survey rather than the required Refurbishment and Demolition Survey. In court, Prestige EA Ltd, which has now liquidated, pleaded guilty to breaching Section 3 of the Health and Safety at Work etc. Act 1974. It was fined £2,000 plus costs of £3,000.

https://press.hse.gov.uk/2020/11/16/building-contractor-fined-for-asbestos-failings-at-a-domestic-property-construction-project/

Dumper truck overturned. S M Dixon Building Contractors Ltd has been fined after a dumper truck overturned, injuring the driver. The HSE found that the company had not provided its employee with adequate training or required him to wear a seat belt.

https://www.shponline.co.uk/construction/s-m-dixon-building-contractors-ltd-fined-following-dumper-truck-incident/

Concrete pump sank into soft ground. Axio (Special Works) Limited has been fined after a concrete pump outrigger collapsed due to unstable ground, causing one of its workers a fractured spine and brain injury when he was struck by boom.

The ground conditions were the reason that the 52-metre boom was in use: it had prevented lorries from reaching the pour site. Therefore Axio should have understood the risk and done more to stabilise the ground, check its load capacity and adjust the spreader plate size, before the pump was used.

https://www.shponline.co.uk/in-court/axio-fined-after-worker-was-seriously-injured/

Dangerous demolition. In December 2017, the HSE received photographs from the public showing unsafe working practices on a demolition site in Falmouth. The observations included workers standing on top of the building to demolish it with no fall protection, inadequate fencing and unstable structures. HSE inspectors also found a lack of welfare facilities, no risk assessments and no demolition plans or asbestos survey available, and served a prohibition notice.

In court, Thomas Sturgess pleaded guilty to breaching Regulation 20(1) of Construction (Design and Management) Regulations 2015. He was ordered to carry out 180 hours of unpaid work and required to pay costs of £9428.

https://www.shponline.co.uk/in-court/construction-company-fined-after-dangerous-demolition/

Employee severely burned. A worker decommissioning an old petrol tank was burned across 26% of his body when petrol vapours ignited, a court has heard. He had been using an angle grinder to remove the lid of the tank as instructed by the managing director of MWJ Construction Ltd, Marcin Wojtas.

It was found that the MD had asked the worker to do this, in direct contravention of advice from an officer of the Petroleum Enforcing Authority. In court, he pleaded guilty to breaching section 37 of the Health and Safety at Work etc. Act 1974 and was given a six-month suspended sentence. He was ordered to pay costs of £8,455.

https://press.hse.gov.uk/2020/11/16/managing-director-receives-suspended-sentence-after-worker-is-burned-in-petrol-tank-exposion/

Lone worker not found for two days after dumper truck accident. A project manager and a director of a Principal Contracting firm have each been charged over the circumstances leading to the death of a construction worker. On 1 October 2016, the dumper truck overturned on a slope causing the driver fatal crush injuries. But his body was not discovered until two days later.

HSE inspectors found that the slope and cross slope of the ramp exceeded the dumper truck’s machine maximum operating capacity. In addition, the driver was untrained, and it was regular practise on site for untrained workers to use construction vehicles on unsuitable routes.

In court both men were given suspended prison sentences and ordered to pay costs.

https://press.hse.gov.uk/2020/11/17/company-director-and-project-manager-sentenced-after-construction-worker-sustained-fatal-crush-injuries/

Angle grinder kicked back into worker’s face. A Leeds manufacturing company has pleaded guilty to health and safety charges over an accident in which a nine inch angle grinder made contact with a man’s chin. The cutting disc was being used to dismantle a steel structure within the company’s assembly workshop, but the worker had little control due to balancing on a step ladder at the time. He was unable to resist the kick back of the grinder and it caused a deep laceration which required 52 stitches and left him with permanent nerve damage.

In court Acrivarn Ltd pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974, was fined £24,000 and ordered to pay £1412 in costs.

https://press.hse.gov.uk/2020/11/16/company-fined-after-worker-suffered-serious-facial-injuries/

Eight metre fall. In June 2019, two work colleagues were installing rooflights where their means of access was to climb out of a window and up the tiled roof without access equipment. When one of the workers was making his way back down he slipped and fell onto a neighbouring concrete yard, suffering multiple fractures to his spine and leg, heel and wrist.

In court, the builder responsible for the work pleaded guilty to breaching Section 37(1) of the Health and Safety at Work etc. Act 1974 and was fined £1,760 plus costs of £2,000.

https://press.hse.gov.uk/2020/11/13/builder-fined-after-contractor-suffers-life-changing-injuries-in-fall-from-roof/

Solar panel company sentenced. A recent case concerned a 3.5 metre fall of a self employed contractor who was undertaking snagging work relating to the installation of solar panels. He fell through an unmarked and unprotected rooflight and received a traumatic brain injury.

In court, Blue Sun Energy Ltd pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974. The company was fined £38,019.

https://press.hse.gov.uk/2020/11/12/company-fined-after-subcontractor-falls-from-height/

Fines for young construction worker’s injuries. Cheshire Oak Structures Limited has been fined £30,000 after a young worker was struck by a telehandler as he helped to guide it down a narrow road. The machine ran over his leg injuring his ankle and foot.

https://press.hse.gov.uk/2020/11/05/building-company-fined-after-worker-struck-by-telehandler/

Risky work at height risk led to court. Workers openly working on pitched roofs without protection from falls came to the attention of the HSE at a Southampton construction site. Optimum Home Improvements Ltd was subsequently prosecuted for not properly planning work at two sites and a lack of appropriate supervision. Director Peter Green was implicated with the failures and pleaded guilty in court to two breaches of Regulation 4(1) of the Work at Height Regulations 2005. He received an eight-month custodial sentence, suspended for two years.

https://press.hse.gov.uk/2020/11/09/director-sentenced-for-failing-to-comply-with-height-regulations/

Fall from height. This case was brought after a worker fell from height and was left paralysed due to a lack of work at height precautions and safe dismantling procedures for a job that involved removing an external platform lift.
https://press.hse.gov.uk/2020/11/05/company-and-director-fined-after-incident-leaves-worker-paralysed/

Head injury when weights fell from platform. This case has lessons for anyone storing equipment or materials in a location where they could fall through railings. The National Exhibition Centre was fined £400,000 for such an incident, which led to an 11.5kg scenery prop falling onto the head of a stage manager.
https://www.ioshmagazine.com/2020/11/20/iccs-owner-fined-ps400000-after-stage-boss-hit-falling-weight

Gas explosion caused by gas torch used to dry out site container. This case concerned a gas explosion and flash burns to a worker caused when an improvised and dangerous procedure was implemented for drying out site containers.
https://press.hse.gov.uk/2020/11/10/logistics-company-fined-after-a-worker-was-injured-in-explosion/

Guidelines for the safe management of lift trucks. Guidelines have been issued by the industry engineering inspection body, for the safe use and management of lift trucks including telehandlers. Its purpose is to help those employers who use fork lift trucks to consider whether their maintenance and inspection regimes are adequate. The scope and extent of lift truck thorough examinations is also discussed.
https://www.safed.co.uk/wp-content/uploads/2020/11/LG_4___Issue_03___Dated_21_10_20-.pdf

Traffic marshal killed by lorry. A court has heard how a reversing lorry ran down a traffic marshal during the redevelopment of the BBC Television Centre. The man worked for a logistics company and seems to have been helping to marshal vehicles down a ramp to supply offices which continued to be occupied whilst other parts of the site were redeveloped. His employer, Wilson James Limited (W) had not devised a safe system of work. It was fined £850,000. A further defendant is awaiting trial.
https://press.hse.gov.uk/2020/11/02/traffic-marshall-fatally-injured-after-being-struck-by-a-reversing-lorry/

Worker killed in waste compactor. A recycling company has been fined after a worker was trapped inside an industrial waste compactor and then killed when his colleague turned it on, not knowing he was in there. H&A Recycling Limited has admitted corporate manslaughter and fined £200,000.

https://www.bbc.co.uk/news/uk-england-cornwall-54932472#:~:text=H%26A%20Recycling%20Limited%3A%20Company%20fined%20for%20man%27s%20death.,waste%20compactor.%20Dale%20McClelland%2C%2023%2C%20became%20trapped%20

Fork lift truck fatality. In a recent court case Fortec Distribution Network Limited pleaded guilty to health and safety charges connected with a fork lift truck driver’s death. The man had been unloading goods from a large goods vehicle when the driver pulled forward, causing the fork lift to tip over. As the driver was not wearing his seat belt he suffered fatal head injuries as he tried to jump clear. The company was fined £107,000 and ordered to pay costs of £17,436.

https://www.shponline.co.uk/in-court/fortec-distribution-network-limited-fined-after-forklift-truck-fatality/

News - November 2020 - Legal Update

Thu, 29 Oct 2020 14:37:01 GMT

Self-isolation must be enforced. With the Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020 in force it is now an offence for an employer to allow an employee to attend work if they should be self-isolating. Employers face a potential fine of £10,000 if they do not comply.

https://www.personneltoday.com/hr/employers-face-10k-fine-for-failing-to-enforce-self-isolation/

https://www.legislation.gov.uk/uksi/2020/1045/contents/made

Non-compliant chemicals. It appears that one in four substances imported into the EU are non-compliant (the legislation being REACH and Classification, Labelling and Packaging (CLP) regulations). Examples of the non-compliance include incorrect hazard labelling and products containing illegal amounts of restricted substances.

https://echa.europa.eu/-/1-in-4-imported-products-found-to-be-non-compliant-with-reach-and-clp

Pressurised equipment examination. The Safety Assessment Federation has published guidance which clarifies how engineers can assist employers to maintain the safety of pressurised equipment which falls outside of the statutory requirements of the Pressure Systems Safety Regulations 2000. An example of this is when pressurised equipment is below the volume of 250 bar litres which triggers many of the requirements.

https://www.safed.co.uk/wp-content/uploads/2020/09/PSG-20-Issue-01-25-Sep-2020.pdf

Costly machinery guarding failure. Following an accident in which an employee's hand was caught in a clamp due to a lack of guarding or other safety devices, a fine of over £100,000 has been handed to a UK manufacturer.

https://www.ioshmagazine.com/2020/09/29/pipe-firm-hit-ps100k-puwer-fine-after-worker-shatters-hand

New or revised limits for some carcinogens. New or revised limit values have been set for acrylonitrile, nickel compounds and benzene in the fourth revision of the Carcinogens and Mutagens Directive.

https://www.shponline.co.uk/chemical-hazards/better-protection-of-workers-against-cancer-causing-chemicals/

Agency worker’s arm dragged into machinery. Following an incident which involved a worker's arm being pulled by his sleeve, into rotating parts of a modified lathe, a manufacturer has been fined £22,000. Investigations found the company had not identified the hazard and had not ensured that it was protected with an appropriate guard or safety device.

https://www.ioshmagazine.com/2020/10/02/lathe-trapped-agency-workers-arm

The dangers of clearing blockages. An employee lost an arm while clearing a blockage from a conveyor belt. His employer has since been fined £140,000 after it was found to have failed to implement an effective safe system of work.

https://www.shponline.co.uk/in-court/hi-peak-feeds-limited-fined-after-serious-injury-to-employee/

Supermarket ignored prohibition notice. A supermarket has been fined £30,000 after staff removed tape which had been placed around the equipment by Environmental Health Officers to indicate it must not be used. The EHO had served a prohibition notice on the use of the poorly guarded meat-cutting saw.

https://www.ioshmagazine.com/2020/10/09/supermarket-fined-flagrant-disregard-prohibition-notice

Workers are feeling anxious at work. An annual survey carried out by the mental health organisation, Mind shows that over half of employees feel anxious at work. It does however highlight that 64% of employees feel that their organisation encourages openness and discussion, a higher percentage than any previous year.

https://www.shponline.co.uk/mental-health/workplaces-are-becoming-more-open-to-discussing-mental-health-at-work/

REACH deadlines clarified. Technical information has been issued by the European Commission to help those who have registered substances with them under REACH. It gives details of the timescale for updating their dossier when new information becomes available.

https://newsletter.echa.europa.eu/fr/home/-/newsletter/entry/registration-update-deadlines-clarified

Fatal injury when load fell. A transport company has been fined after a worker was crushed by a pallet of stone tiles he was attempting to load onto a vehicle tail lift. The driver had only worked for the company for two weeks and had not been trained in how to do the work safely. In addition the load of 1400Kg was inappropriately being moved with a hand operated pallet truck.

https://press.hse.gov.uk/2020/10/16/transport-company-fined-after-employee-fatally-crushed/

Watch out for materials shortages. The Brexit working group of the Construction Leadership Council has published guidance for companies on the movement of goods and materials into and between Great Britain and Northern Ireland after the expiration of the EU transition period on 31 December 2020.

https://www.constructionleadershipcouncil.co.uk/news/brexit-clc-publishes-movement-of-goods-and-materials-guide/

News - October 2020 - Legal Update

Fri, 02 Oct 2020 18:28:11 GMT

Working from home. On 22 September 2020 the government returned to its previous strategy on home working, saying that those who can work effectively from home are expected to do so over the winter period.

https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19

Safety Bulletin: failure to detect dangerous gas. To highlight the risk of misleading gas detection readings associated with the use of sampling tubes with pumped gas detectors, the HSE has published a safety bulletin. This comes after a gas detector failed to detect the presence of a flammable vapour and an explosion occurred during hot work.

https://www.hse.gov.uk/safetybulletins/failure-to-detect-dangerous-gas.htm

Fixed gaseous fire extinguishing systems. A guidance note on the standards which apply to automatic gaseous fire protection systems which are utilised in particular to protect IT facilities, particularly major data storage and processing rooms, has been published by the Fire Industry Association.

https://www.fia.uk.com/news/guidance-note-guidance-notefixed-gaseous-fire-extinguishing-systems-system-actuation-considerations.html

Guidance - Using the new UKCA mark. Guidance has been published on the new UKCA (UK Conformity Assessed) marking which comes into force on 1st January 2021. Most goods placed onto the market within the UK which previously required the CE marking within Great Britain are covered by the new UK product marking. In Northern Ireland, the UKCA marking alone cannot be used for products as these goods require the CE marking or UK(NI) marking.

https://www.gov.uk/guidance/using-the-ukca-mark-from-1-january-2021

Lack of traffic management plan resulted in a £200,000 fine. A facilities company has been fined over an accident in which a worker was run down by a small road roller during footpath repairs at a country park. In court, Totally Local Company Limited (T) pleaded guilty to putting employees and the public at risk on the open site and was handed a £200,000 fine.

https://www.ioshmagazine.com/2020/09/15/lack-traffic-management-plan-costs-fm-co-ps200000

Jet wash fatality resulted in a £2 million fine. On 18 June 2017, an employee of Leadec Ltd (L) suffered a fatal impact injury while using high-pressure water jetting equipment to clear paint residue from waste-water pipes. An HSE investigation found that safety devices were not in use, allowing the flexi hose to pull back out of the pipe during use. The company pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974, was fined £2 million plus costs of £30,000.

https://www.ioshmagazine.com/2020/09/17/ps2m-fine-over-jet-wash-fatality

News - September 2020 - Legal Update

Tue, 01 Sep 2020 18:20:14 GMT

£285,000 for concrete manufacturer. A precast concrete products manufacturer has been fined by the HSE. This came after two serious incidents occurred at its site. The first incident involved a worker being crushed between two passing machines. In the second, a worker sustained injuries to his hand as a result of a machine fault.

https://www.ioshmagazine.com/2020/08/04/concrete-manufacturer-fined-ps285000-after-death-worker

Worker’s hand caught in machinery. While adjusting machinery settings a worker’s fingers were crushed and had to be medically amputated. Her employer, a paper making company, has been fined £89,600. Criticisms of the employer included a lack of training in the correct use of the machine, no interlocking switch attached to the guard to prevent the use of the machine when the guard was removed, and no shroud supplied for the foot pedal, to prevent accidental activation.

https://www.shponline.co.uk/in-court/west-design-products-fined-after-employee-suffers-finger-amputations/

BSI issues new draft fire extinguisher standard. A new draft of BS 5306-8 has been issued by BSI. The standard concerns the selection and positioning of portable fire extinguishers and is available for comment.

https://www.fia.uk.com/uploads/assets/690c71dd-40b7-43a8-8dcc02d87f717319/comment-template.doc

https://www.fia.uk.com/news/bsi-have-issued-bs-5306-8-new-standard-for-comments.html

Road safety campaign. It has been announced that the theme for UK Road Safety Week 2020 will be “No need to speed”. The event is a week-long campaign 16th – 22nd November. A free Road Safety Week action pack is available to download at www.roadsafetyweek.org.uk

http://www.brake.org.uk/media-centre/2030-no-need-to-speed-announced-as-theme-for-uk-road-safety-week-2020

BSI Guide on COVID-Safe Working. The BSI has published the second version of its ‘Safe Working During the COVID-19 Pandemic’ guidance. The free to download document includes recommendations based on expert views and user experience. New clauses in this version cover work from home, psychological health, managing suspected cases and more.

https://www.bsigroup.com/en-GB/topics/novel-coronavirus-covid-19/covid-19-guidelines/

Updated “COVID-19 Secure” notice is now available. The government has updated its COVID-19 secure notice which you are able to display if you have:

• Carried out a COVID risk assessment and shared the result s with employees.

• Put in place cleaning, handwashing, and hygiene procedures in line with guidance.

• Taken all reasonable steps to help employees work safely, whether that be in a COVID-19 Secure workplace or from home.

• Taken all reasonable steps to maintain a two-metre distance in the workplace.

• Ensured where a two-metre distance cannot be achieved, that at least a one metre distance can be maintained and that all the mitigating actions possible are taken to manage transmission risk.

https://www.gov.uk/government/publications/staying-covid-19-secure-in-2020-notice

https://www.eca.co.uk/news-and-events/news/2020/aug/updated-‘covid-19-secure’-notice

Extension to self-isolation period. The period for self-isolation for those showing coronavirus symptoms or who have a positive test results has risen from seven to ten days.

https://www.gov.uk/government/news/statement-from-the-uk-chief-medical-officers-on-extension-of-self-isolation-period-30-july-2020

Chancellor urged to protect shielding workers jobs. Concerns have been raised over the furlough scheme ending forcing workers and their households back to work. Charities and unions feel this is putting shielding households in an impossible position as they have to choose between their job and their health.

https://www.internationalworkplace.com/en-gb/news/chancellor-urged-to-protect-jobs-of-workers-shielding-from-covid-19-57496

The government has announced that those who are shielding do not need to do so, but that should there be local lockdown, these clinically vulnerable persons will be asked to shield themselves again.

https://www.gov.uk/government/publications/guidance-on-shielding-and-protecting-extremely-vulnerable-persons-from-covid-19/guidance-on-shielding-and-protecting-extremely-vulnerable-persons-from-covid-19

Worker crushed after employer chose the wrong trolley. While checking the straps of a wheeled A-frame trolley, a worker was pushed to the floor and crushed when large polycarbonate sheets weighing 340kg toppled on to him. He suffered fractured vertebrae and had to spend two weeks in hospital. His employer, C & R Powder Coating and Welding Fabrication was fined £20,000 and ordered to pay costs of £10,338 after pleading guilty to breaching Regulation 4 of the Provision and Use of Work Equipment Regulations 1998 (PUWER).

https://www.ioshmagazine.com/2020/08/19/powder-coating-company-must-pay-ps30k-selecting-wrong-trolley-job

Fatally crushed by machine. On 10 April 2018, a worker suffered fatal crush injuries when he was dragged into machinery at the premises of an adhesive tape manufacturer, Scapa UK Ltd. The HSE investigation found that an unguarded in-running nip close to a workstation, the risk assessment for the machine failed to identify in-running nips and other hazards on the machine.

The company was fined £120,000 and ordered to pay full costs of £15,192.

https://press.hse.gov.uk/2020/08/21/manfufacturing-firm-fined-after-employee-fatally-crushed/

HSE guidance on the safety requirements for plastic sheet and film winders is available here. https://www.hse.gov.uk/pubns/ppis11.pdf

New inspection and enforcement guidance for hand-arm vibration. The HSE has published a new inspection and enforcement guidance for hand-arm vibration. The document replaces the Topic Inspection Pack on Hand-arm Vibration. Although aimed at Inspectors this type of guidance is invaluable in helping employers to understand exactly what is expected.

https://www.hse.gov.uk/vibration/hav/inspectorbriefing.htm

Employee’s hand amputated. Bakery firm, Mr Bagel’s Limited, has pleaded guilty to breaching the regulation requiring dangerous machines to be guarded, after an employee’s hand was amputated. The employee had reached in to clear a blockage, after which the machine restarted, dragging the worker’s hand into the operating machinery.

https://press.hse.gov.uk/2020/08/21/bakery-fined-after-worker-suffers-serious-hand-injury-in-workplace-incident/

Proposed changes to the fit note certification system. Research looking at perceptions and attitudes to proposed changes to the fit note certification system has been published by the Department for Work and Pensions. The changes would extend the list of those who can certify fit notes include a wider range of healthcare professionals. Presently only GPs and hospital doctors take this role.

https://www.gov.uk/government/publications/exploring-perceptions-and-attitudes-towards-the-extension-of-fit-note-certification

Managing playgrounds and outdoor gyms. An updated guidance has been published to assist the owners and operators of playgrounds and outdoor gyms during COVID-19. Included within it is information on conducting a risk assessment and examples of control measures to minimise the transmission risk of coronavirus

https://www.gov.uk/government/publications/covid-19-guidance-for-managing-playgrounds-and-outdoor-gyms

£80,000 fine after man found at bottom of fire escape stairwell. Two days after his death, an 80-year-old man was found at the bottom of a fire escape stairwell at an Aberdeen market. Police Scotland and the City Council carried out a joint investigation and found that the primary cause of the incident was that the Market Village Company Ltd had failed to maintain lighting in the stairwell.

https://www.dailystar.co.uk/news/latest-news/body-brit-pensioner-80-found-22428250

Napo helps to raise awareness of health and safety issues. The latest versions of Napo, a series of wordless language and cultural neutrality videos have been made available. The new additions include Stop the pandemic and T eleworking to stop the pandemic

https://osha.europa.eu/en/highlights/laughing-napo-makes-you-learn-about-safety-and-health-work

Updated guidance for specifiers of control and indicating equipment. This updated document gives guidance on the selection of control and indicating equipment with reference to the requirements of the fire alarm standards EN 54-2 and BS 5839-1.

https://www.fia.uk.com/uploads/assets/c742d951-0bff-45be-85d096d171836a91/Guidance-for-Specifiers-of-Control-and-Indicating-Equipment.pdf

https://www.fia.uk.com/news/guidance-for-specifiers-of-control-and-indicating-equipment.html

Contractors are being urged to secure their sites. IOSH is urging building site contractors to ensure their sites are secure. This comes after a young boy died after gaining access to a site in Glasgow.

https://www.ioshmagazine.com/2020/08/07/keep-unoccupied-sites-safe-warns-iosh

Post-Lockdown accidents at industrial facilities on the rise. Dozens of major process safety incidents at industrial facilities around the world have occurred since lockdown restriction began to ease. Several re-insurers have responded by providing guidance.

https://corporatesolutions.swissre.com/insights/knowledge/restarting-operations-following-idle-periods.html

https://www.ioshmagazine.com/2020/08/04/increase-process-safety-incidents-post-lockdown

Rat infestation found at restaurant. Vale of White Horse District Council has prosecuted a restaurant for five offences under the Food Safety and Hygiene (England) Regulations 2013. This followed issues being found during an unannounced routine food hygiene inspection.

https://www.oxfordmail.co.uk/news/18623038.tiffins-tandoori-abingdon-fined-17k-rat-infestation/

New guidance on evacuation alert systems. BS 8629:2019 is the code of practice for the design, installation, commissioning, and maintenance of evacuation alert systems. An evacuation alert system should not be confused with a fire detection or fire alarm system. They are for use by fire and rescue services as a way of assisting in the initiation of a partial or full evacuation of a high-rise residential building.

https://www.fia.uk.com/uploads/assets/f053ff70-e670-4b74-b6526437ce2ce52f/Guidance-Document-BS-8629.pdf

https://www.fia.uk.com/news/guidance-notefia-guidance-document-bs-8629-2019.html

News - August 2020 - Legal Update

Mon, 03 Aug 2020 18:20:15 GMT

Home working rule change. From August employers will have more discretion about who can and cannot work from home.
https://www.gov.uk/government/publications/coronavirus-outbreak-faqs-what-you-can-and-cant-do/coronavirus-outbreak-faqs-what-you-can-and-cant-do

COVID-security. The HSE has provided guidance for businesses to ensure they’re “COVID-secure” including specific guidance for the manufacturing sector.

https://www.hse.gov.uk/coronavirus/working-safely/index.htm

https://www.hse.gov.uk/coronavirus/working-safely/manufacturing/index.htm

Making workplace changes? Think forklift truck! The Forklift Association has issued a reminder to consider safety around forklift trucks when reviewing layout and procedures within your business.

https://www.shponline.co.uk/lifting-and-handling/safer-apart-top-tips-for-segregating-forklifts-and-pedestrians/

Fatal accident statistics. Provisional workplace fatality figures for 2019/20 show that 111 workers and 92 members of the public died as a result of work-related activities in the UK. Falls from height account for the highest cause of death (29), followed by ‘struck by a moving vehicle’ (20), ‘trapped by something collapsing / overturning’ (15), contact with moving machinery (11) and Others (18).

The figures are the lowest number on record.

https://www.hse.gov.uk/statistics/pdf/fatalinjuries-20.pdf

Amputation incidents. Halls of Scotland have been fined £310,000 following the amputation of two employees’ fingers in separate incidents in 2016 and 2019, at a meat processing factory.

https://www.shponline.co.uk/in-court/meat-processing-firm-fined-310000-after-workers-fingers-amputated/

Assessing manual handling risk. This new musculoskeletal disorders assessment tool from the HSE provides a digital solution to the initial assessment of manual handling activities.

https://books.hse.gov.uk/bookstore.asp?FO=1361928&utm_source=govdelivery&utm_medium=email&utm_campaign=Jack_knife&utm_term=link-1&utm_content=msd-tool-1-jul-20

Fines for vibration injury. A motor sales company and its occupational health consultant have been prosecuted after an employee was diagnosed with Hand Arm Vibration Syndrome (HAVS).

https://www.shponline.co.uk/in-court/perrys-motor-sales-ltd-and-sound-advice-safety-and-health-ltd-fine-for-safety-breaches/

Tile manufacturer fined for broken bones. Spartan promenade tiles has been fined £10,000 and ordered to pay full costs after an employee’s arm was pulled into a conveyor tail drum.

https://www.shponline.co.uk/in-court/spartan-promenade-tiles-fined-after-employee-suffered-serious-injuries/

News - July 2020 - Legal Update

Fri, 03 Jul 2020 19:51:24 GMT

Public Transport Cover Up. Face coverings are now mandatory for users of public transport in England and Scotland.

https://www.shponline.co.uk/transport-safety/face-coverings-to-become-mandatory-on-public-transport/

BEIS Guidance for Employers. The Department for Business, Energy and Industrial Strategy has issued guidance to help employers reduce the risk of co-workers having to self-isolate if a member of staff tests positive for COVID-19.

https://www.gov.uk/guidance/nhs-test-and-trace-workplace-guidance

Social Distancing Relaxed. The two metre distancing rule will be reduced to ‘one metre plus’ in England from 4 July 2020.

https://www.bbc.co.uk/news/science-environment-52522460

Warning Over Substandard Facemasks. The HSE has issued a safety alert, warning against the use of Chinese standard KN95 facemasks which are considered to be the equivalent of a CE marked FFP2.

https://press.hse.gov.uk/2020/06/11/hse-safety-alert-issued-against-kn95-facemask/

Air Conditioning Advice. The HSE has warned that certain air conditioning systems may need adjustment to avoid adding to the risk of spreading Coronavirus.

https://www.hse.gov.uk/coronavirus/equipment-and-machinery/air-conditioning-and-ventilation.htm

Coronavirus First Aid Advice. The HSE has issued new advice on first aid during the coronavirus outbreak.

https://www.hse.gov.uk/coronavirus/first-aid-and-medicals/first-aid-certificate-coronavirus.htm

St John Ambulance has reminded managers to organise any outstanding first aid training as the country returns to work.

https://www.shponline.co.uk/news/skills-of-60000-first-aiders-out-of-date-warns-st-john-ambulance/

Don’t Compromise Safety. The HSE and Fire Chiefs Council have each warned businesses not to compromise the safety of their staff and customers while they control the risk of Coronavirus.

https://www.cieh.org/health-and-safety/2020/may/covid-19-risks-need-balancing-against-other-hs-concerns/

https://www.twinfm.com/article/fire-safety-and-coronavirus-a-change-in-risk-for-employers

Match Fit for Work? Bosses are being urged to consider that manual workers may not be as fit as they were after a prolonged absence from work.

https://www.shponline.co.uk/common-workplace-hazards/return-to-work-after-covid-19-safety-managers-urged-to-act-now-to-prevent-injuries/

BOHS Clears Up Facemask Confusion. The British Occupational Hygiene Society has published a paper which aims to assist employers in making confident decisions for their workforce with regards to face coverings.

https://www.tomorrowshs.com/health-and-safety-news/bohs-face-coverings-in-the-workplace

Workers Voice PPE Fears. A recent survey reveals 40% of workers would refuse to return to work without the correct PPE.

https://www.tomorrowshs.com/health-and-safety-news/workers-believe-employers-responsible-for-ppe-provision and https://www.ioshmagazine.com/2020/06/15/4-10-would-refuse-work-without-ppe-survey-finds

Social Distance Trackers in The Workplace. Vibrating tags which are triggered by breaches in social distancing have been launched in UK workplaces.

https://www.tomorrowsfm.com/products-and-services/safelinq-leads-the-way-back-to-work-for-uk-offices

Thermal Cameras Could Reduce Hot Works Fires. Insurance firm Zurich has called for the use of thermal imaging cameras to help prevent millions of pounds worth of damage when carrying out hot works.

https://www.ifsecglobal.com/fire-news/hot-works-and-safety-failures-blamed-for-separate-fire-incidents-in-derbyshire/

Non Coronavirus News - June 2020 - Legal Update

Mon, 01 Jun 2020 09:44:41 GMT

Safety alert: Air suspension systems. The HSE has issued a safety alert for those working on vehicles with air suspension systems. The warning comes after several serious incidents in which inadequately supported vehicles have crushed workers beneath them, and also the unintended rupture or release of components from the air suspension system.

It advises that the motor vehicle repair industry, including those carrying out mobile work, should:

Undertake repair work in workshops where possible as these are best equipped location for carrying out work beneath vehicles.
Prevent movement of air suspension by use of props or stands for example. Under no circumstances should air suspension be relied upon to maintain a vehicle’s ride height or position whilst people gain access to areas where they may become trapped.
Disconnect the air supply and exhaust the air in the air suspension system before working on it.
Avoid the technique of clamping air suspension pipework as a means of temporary isolation.

https://www.hse.gov.uk/safetybulletins/air-suspension-systems-on-vehicles.htm

£1.1million for fall from height. A business has been heavily fined after a sprinkler engineer was seriously injured in a three-metre fall, in which he fell into the gap between an internal roof and an external wall. He was seriously injured, losing half of his body’s blood supply.
https://press.hse.gov.uk/2020/05/21/company-fined-1-1m-after-worker-injured-in-fall-from-height/

Company fined £1.2million for steam accident. An oil refinery company, Phillips 66 Ltd, has found itself in court over an accident in which two workers suffered life threatening burns. The men, one of whom was a young apprentice, had followed a safe system of work for re-assembling high pressure steam pipework, but others had failed to isolate parts of the system as they should. As a result steam at around 250 celsius was released causing life-threatening injuries.
https://press.hse.gov.uk/2020/05/22/oil-company-fined-1-2m-after-two-workers-suffer-multiple-burn-injuries/

Installing a fire and security system? There are key differences in the wiring required for fire and security systems, as outlined in this helpful guide for specifiers and installers.
https://www.fia.uk.com/uploads/assets/b80e491e-ebce-404d-a1fd87777e5df624/Guidance-Document-Key-diffrences-between-fire-and-security-wireless-product-standards.pdf

£4.7 million in compensation for disability discrimination.
A Nat West bank employee has won her claim for damages. The woman had been left disabled after being run over by a car on her first day of work at the bank and alleged that she had been forced to resign after verbal abuse and demotion connected with her disability.
https://www.internationalworkplace.com/en-gb/news/disabled-bank-worker-wins-record-4-7million-discrimination-payout-57395

Fire statistics for England 2019. Latest statistics show a positive picture of fire risk. In 2019 relative to 2018, the number of fires attended fell by 12%, fire-related fatalities by 10%, total incident fell by 4%, and deliberate fires by 9%.
Fire false alarms continue to be a heavy burden on fire and rescue services, accounting for 41% of attendances.
https://www.fsmatters.com/Home-Office-issues-latest-FRS-statistics
https://www.gov.uk/government/statistics/fire-and-rescue-incident-statistics-england-year-ending-december-2019

Company fined for fire offences. The Campanile Hotel Group has been fined a total of £220,850 after allowing one of their hotels to operate for months without a working fire alarm system.
https://www.fsmatters.com/Milcardar-Ltd-fined-for-fire-breaches

Coronavirus News - June 2020 - Legal Update

Mon, 01 Jun 2020 09:44:40 GMT

COVID Strategy. The government has published its strategy for reopening businesses.
https://www.gov.uk/government/publications/our-plan-to-rebuild-the-uk-governments-covid-19-recovery-strategy

New symptoms. Loss of smell or taste have been added to the UK's list of symptoms which should lead to self-isolation and testing.
https://www.bbc.com/news/amp/health-52704417

Guidelines for reopening. On 11 May 2020 the government published guidance for reopening. These have since been updated several times, including an update to the Shops guidance to cover more categories of non-essential retail, ahead of planned opening.

Construction and other outdoor work
Factories, plants and warehouses
Labs and research facilities
Offices and contact centres
Other people's homes
Restaurants offering takeaway or delivery
Shops and branches
Vehicles

https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19

Simple rules for reopening. In addition to the sector guides it’s also published a short five-step guide for businesses. The five steps are:
1. Carry out a COVID-19 risk assessment
2. Develop cleaning, handwashing and hygiene procedures
3. Help people to work from home
4. Maintain 2m social distancing, where possible
5. Where people cannot be 2m apart, manage transmission risk
https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19/5-steps-to-working-safely

Food Standards Agency advises on business reopening. Food safety guidance has been made available on reopening food businesses.
https://www.cieh.org/food-safety-integrity/2020/may/fsa-issues-guidance-on-reopening-for-food-businesses/

Scotland. The Scottish Government has published a route-map towards restarting construction activities within Scotland (where non-essential work was not permitted during the lock-down).
https://www.gov.scot/publications/coronavirus-covid-19-construction-sector-guidance/pages/compliance/

Construction operations. The Construction Leadership Council has issued version 4 of its Site Operating Procedures for the construction industry during the coronavirus pandemic. https://www.constructionleadershipcouncil.co.uk/news/site-operating-procedures-version-4-published/

Those looking for inspiration may appreciate the new website where the construction industry is sharing practical examples of the action taken to control coronavirus within the construction industry.
https://www.constructioncovid19response.co.uk/safeguarding-workers.html

Public transport. The Government has published guidance for passengers using public transport.
https://www.gov.uk/guidance/coronavirus-covid-19-safer-travel-guidance-for-passengers

IOSH guidance on returning to work. The Institution of Occupational Safety and Health has published some online resources to help in assessing the risks before re-starting work.
https://iosh.com/resources-and-research/our-resources/communicable-diseases/coronavirus/returning-safely/

Equality considerations. The Equality and Human Rights Commission has warned that employers must be fair when deciding which staff might be made redundant or continue to be furloughed. Discrimination must be avoided.
https://www.equalityhumanrights.com/en/advice-and-guidance/coronavirus-covid-19-guidance-employers

Enforcement. The correct implementation of risk control measures for coronavirus comes within the remit of health and safety inspectors from local authority environmental health teams, and from the HSE. The HSE is said to have received more than 4500 COVID complaints in a two-month period.
https://www.ioshmagazine.com/2020/05/07/uk-regulator-receives-more-4500-covid-19-complaints

New HSE guides. The HSE has published a brief guide to risk assessment and management of coronavirus risks, and a guide to consulting with your workers on coronavirus.
https://www.hse.gov.uk/news/working-safely-during-coronavirus-outbreak.htm

Mental health during the lockdown. A healthcare provider has carried out a survey of mental health and found that 35% of respondents were struggling with poor mental health related to the pandemic, whether caused by fear of losing their job, difficulties in working from home etc.
https://workplaceinsight.net/business-needs-to-do-more-to-address-lockdown-mental-health-issues/

Legionella risks of locked down premises. The Chartered Institute of Environmental Health has warned those with closed premises to put in measures to control the risk of Legionnaire’s Disease.

https://www.cieh.org/media/4208/legionella-guidance-covid-19.pdf

Warning over use of personal data. The Information Commissioner’s Office has issued advice on handling medical information relating to COVID-19 such as test results. It explains how to deal with foreseeable situations such as when colleagues need to be informed that an employee is ill with coronavirus.
https://ico.org.uk/global/data-protection-and-coronavirus-information-hub/data-protection-and-coronavirus/workplace-testing-guidance-for-employers/

Recommissioning lifts. The Chartered Institution of Building Services Engineers has published a short guide advising on the recommissioning of lifts which have been out of use during the lockdown.
https://go.cibse.org/l/698403/2020-05-13/28v9lc/698403/76380/RECOMMISSIONING_OF_LIFTS_AND_ESCALATORS_POST_LOCKDOWN_version_2.pdf

Air conditioning advice. The HSE has sent out an e-bulletin advising that although the risk of air conditioning spreading coronavirus is extremely low it is best to ensure that any centralised system uses a fresh air supply rather than recirculating air to different rooms. It doesn’t supply much further information other than to speak to your air conditioning contractor for further advice.

First aid cover. The HSE has published a new web page summarising how to deal with first aid cover difficulties during partial reopening, and summarising the available easements available for recertification of first aiders.
https://www.hse.gov.uk/news/first-aid-certificate-coronavirus.htm

Extending your RTITB fork lift truck driver certificates. Those with driver certification from the RTITB will be reassured to hear that they can put staff through an online training course, allowing training certificates to be extended for a year, without practical training.
(This is a further option, on top of the automatic three-month extension for all FLT driver certification, offered by the HSE).
https://www.rtitb.com/new-rtitb-remote-refresher-training-for-forklift-operators/

News - May 2020 - Legal Update

Thu, 30 Apr 2020 09:45:20 GMT

Reporting of COVID-19 under RIDDOR. The HSE has issued guidance on the reporting of COVID-19 under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR). It could be reportable where there was evidence of actual or potential occupational exposure.
https://www.hse.gov.uk/news/riddor-reporting-coronavirus.htm

Potential action required/control measures in place
It’s relatively unlikely that the requirements for reporting would be met outside of a healthcare or laboratory environment. Check with HSE Advisor if a case seems to be reportable.

HSE will enforce social distancing measures. The HSE has issued a joint statement with the TUC and CBI describing its approach to the enforcement of social distancing and other Coronavirus related rules. https://press.hse.gov.uk/2020/04/03/coronavirus-a-joint-statement-between-hse-the-tuc-and-the-cbi/

Tachograph calibration. All tachograph calibration and inspection expiry dates have been extended by three months, however, tachograph systems must remain in good order. Full details of these and other relaxations can be found here:
https://www.gov.uk/government/publications/approved-tachograph-centre-special-notice-01-20/approved-tachograph-centre-special-notice-01-20?dm_i=4WKY,BOFF,37Q3PH,1AGSZ,1

Temporary postponement of higher safety and emissions standards in London. Transport for London has temporarily postponed the operation and enforcement of new tightened rules for the Low Emission Zone (LEZ) and Direct Vision Standard (DVS). Enforcement under these rules are suspended for at least four months (to February 2021), however, they will still legally come into force on 26 October 2020.
https://tfl.gov.uk/info-for/deliveries-in-london/delivering-safely/direct-vision-in-heavy-goods-vehicles

Face Fit Testing. The HSE has issued guidance on respiratory protective equipment and face fit testing of face masks to avoid transmission during the coronavirus outbreak. A video presentation explains the procedure for fitting a respirator correctly.
https://www.hse.gov.uk/news/face-mask-ppe-rpe-coronavirus.htm?utm_source=hse.gov.uk&utm_medium=refferal&utm_campaign=coronavirus&utm_term=face-mask-fit-test&utm_content=home-page-popular

COVID-19: Cleaning. The government has also published information on cleaning of non-healthcare premises.
https://www.gov.uk/government/publications/covid-19-decontamination-in-non-healthcare-settings

Driver hours rules. The Department for Transport has announced a relaxation of EU Drivers’ Hours rules and Domestic Drivers’ Hours rules for all sectors in the transport industry until 31 May 2020.
https://www.gov.uk/government/publications/temporary-relaxation-of-the-enforcement-of-the-drivers-hours-rules-all-sectors-carriage-of-goods-by-road

Fork lift truck training update. Guidance has been issued by the HSE and fork lift truck industry, stating that where employers are unable to renew driver certification they may extend the validity of current certificates by up to three months. There are conditions attached, as outlined on this page:
https://fork-truck.org.uk/uploads/files/oRVcjHSE%20Statement%20re%20Driver%20Training%20and%20Certificates.pdf

Lifting equipment and pressurised systems/ equipment. The HSE has issued a carefully worded statement regarding its likely enforcement action if businesses are found to have fallen into non-compliance with statutory inspections of lifting equipment and pressurised systems. Where a business has made a reasonable effort to comply and has failed as a direct result of the impact of the coronavirus outbreak, inspectors will take a pragmatic approach.
https://www.hse.gov.uk/news/work-equipment-coronavirus.htm

HSE drops targeted inspections. The HSE says it has suspended its targeted inspection programme and is focussing its inspectors’ time on desk work, and the investigation of deaths, major injuries and complaints by members of the public.
https://www.hse.gov.uk/news/hse-regulatory-activity-during-coronavirus.htm

Arson risks in vacant premises. The Fire Protection Association has issued guidance on the risks of arson and fly tipping at unoccupied premises.
https://www.thefpa.co.uk/news/news/news_detail.security-and-arson-protection-advice-for-building-and-business-owners-and-insurers-a-free-guide-to-managing-the-risk-during-the-covid-19-outbreak.html

HSE’s business plan 2020/21. The HSE’s Business Plan for 2020/21 was presented to the HSE’s board (Annex A of this file). One major project within the plan is the formation of the new Building Safety Regulator which will implement many of the improvements to the regulation of building standards, as recommended post-Grenfell. Health will continue to be a priority for inspectors when site visits resume.
https://webcommunities.hse.gov.uk/gf2.ti/f/21986/696677.1/PDF/-/HSE_Board_18_March_2020.pdf

Crush injuries. An agency worker’s arm was dragged into a press roller as he tried to clean it, causing serious crush injuries. The host employer, E.G.L. Homecare Limited, was fined £80,000 for breaching Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998, which relates to the guarding of machinery.
https://www.shponline.co.uk/in-court/manufacturer-fined-after-an-agency-worker-was-dragged-into-a-press-roller/

Manual Handling of Gas Cylinders. The European Industrial Gases Association has published EIGA 229/20 – Guidance for manual handling activities of cylinders.
http://www.bcga.co.uk/pages/newsManager.cfm?page_id=4&news_id=498

First aid - Covid 19

Wed, 22 Apr 2020 09:44:53 GMT

New guidelines to protect first-aiders from COVID-19 are in place. In these tutorials, our senior first-aider trainer Abi Coleman demonstrates what to do. If you would like to know more, please email us: info@hseadvisor.co.uk or call 01304 697100 .

How to put a person in the recovery position

Using a public access Defibrillator

Adult Resuscitation during Covid-19

News - April 2020 - Legal Update

Tue, 31 Mar 2020 11:13:31 GMT

COVID-19 support and guidance

The latest government COVID-19 support for businesses and individuals is summarised and regularly updated on this page.

https://www.gov.uk/government/news/coronavirus-covid-19-guidance-for-employees-employers-and-businesses

The government rules on social distancing are outlined here.

https://www.gov.uk/government/publications/covid-19-guidance-on-social-distancing-and-for-vulnerable-people

Hand sanitiser production. The HSE has issued a temporary exemption from product authorisation requirements for those manufacturing hand sanitiser provided they meet the relevant WHO-specified formulation II.

https://www.hse.gov.uk/news/hand-sanitiser-manufacture-supply-coronavirus.htm

MOT rules. MOTs for cars, vans and motorcycles are being automatically extended and there is a 3-month extension for annual HGV and trailer inspections.

https://www.gov.uk/guidance/coronavirus-covid-19-mots-for-cars-vans-and-motorcycles-due-from-30-march-2020?fbclid=IwAR2aATm3HdfY2m1NUOrIlZ44I6RB4lwOKTtG7pA1JlS1JxnJFHU1mxk1ECU

Welfare facilities for delivery drivers. The HSE has made clear that it is against the law not to allow delivery drivers to access to toilet and washing facilities whist they are delivering to your premises.

https://www.hse.gov.uk/logistics/index.htm?utm_source=govdelivery&utm_medium=email&utm_campaign=coronavirus&utm_term=1803&utm_content=welfare-facilities

Temporary home workers. The HSE has issued web-guidance clarifying that a worker temporarily working from home does not need a display screen equipment (DSE) workstation assessment. However, you should do what you can to ensure that employees can work comfortably.

https://www.hse.gov.uk/toolbox/workers/home.htm?fbclid=IwAR2j9qLC3hC1JuRFTa-V8_Y3jqrjVlGVc1rocYAU3_tWuMxduPp7ogMS3ow

Window cleaning company fined. A window cleaner has been fined after a member of the public photographed and reported his team carrying out unsafe work at height.

https://www.ioshmagazine.com/2020/03/27/passerby-shopped-window-cleaners-unsafe-work

Updated lone worker leaflet. The HSE’s updated lone working safety leaflet includes new information on how to manage work-related violence, communications with lone workers, and the impact of lone working on mental health and wellbeing.

https://www.hse.gov.uk/pubns/indg73.htm

No training in isolation and lock-off. T M Telford Dairy Ltd has been fined £600,000 after two employees suffering serious injuries in separate accidents. One was a fall from height, and the other involved 1% nitric acid cleaning solution at 650⁰C which was sprayed at an employee. Here had not been adequate training in valve lock-off and isolation procedures and no risk assessment had been carried out for the safe removal of valves.

https://press.hse.gov.uk/2020/03/03/yogurt-manufacturer-fined-after-two-employees-suffered-serious-injuries/

https://www.gov.uk/government/publications/temporary-relaxation-of-the-enforcement-of-the-drivers-hours-rules-all-sectors-carriage-of-goods-by-road

Worker crushed in lift. A court has heard how an employee of Walkabout Operators Intertain Ltd (W) died from crush injuries in a lift. He had overridden a safety device on an inner lift door (as was common practice at the company) so that he could fit in the lift car along with a heavy chair. The chair snagged on the lift shaft as the lift car moved, and this he was crushed against the lift cage. Not only were there unsafe practices, the lift itself was years overdue for its six-monthly examination under LOLER, and lift faults were reported frequently without effective action being taken.

https://www.ioshmagazine.com/2020/03/13/australian-themed-bar-chain-fined-over-lift-death

Failure to comply with Improvement Notices. A hotel operator has been ordered to pay fines and costs of over £250,000 after it failed to comply with numerous Improvement Notices. The company pleaded guilty to eight charges including those relating to accident reporting, control of legionella and the use of hazardous substances.

https://www.ioshmagazine.com/2020/03/17/hotel-management-repeatedly-ignored-improvement-notices