News - August 2021 - Legal Update
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/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://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:
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:
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:
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:
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:
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:
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
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