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

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:

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:

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:

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:

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/

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/

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/

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/

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/

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/