News - July 2021 - Legal Update
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://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:
Returning to the office. The CIPD has published a guide to returning to work after the pandemic.
Further information:
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:
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:
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 A guide to fire safety in purpose-built blocks of flats has been made available on the government website having been withdrawn earlier in 2021.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:
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:
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:
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:
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.
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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.
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Trap door fall. A retailer has been fined £50,000 over a customer’s fall into a basement.
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Electrical burns. A worker was severely burned and knocked unconscious whilst fixing a transformer, a court has heard
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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:
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:
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:
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/
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