News - April 2021 - Legal Update
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:
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:
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 12th 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:
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:
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:
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