News - June 2021 - Legal Update
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:
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:
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. An 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:
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.
Further information:
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:
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:
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:
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:
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:
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:
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:
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/
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