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Mar 2025

February/March 2025 - Legal Update

February/March 2025 - 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.

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Further information:

https://press.hse.gov.uk/2025/02/06/roofer-given-suspended-sentence-after-man-falls-from-scaffold/

Case law: Prosecuted for fire risk at care home

Supported living care provider, Potensial Limited, has been prosecuted for fire safety offences after a fire which killed a resident. The arson incident and its investigation exposed weaknesses in the escape routes, fire alarm system and management arrangements.

In court the company pleaded guilty to failing to comply with the Regulatory Reform (Fire Safety) Order 2005 was fined £135,000 plus costs of £18,705.

Further information:

https://www.lancsfirerescue.org.uk/news-and-events/lfrs-prosecutes-supported-living-care-provider-for-fire-safety-breaches

Case law: Crushed during lifting operation

Midland Steel Traders Ltd has been fined £100,000 in connection with an accident in which a man was crushed during a complex lift involving a forklift truck and overhead gantry crane.

Further information:

https://press.hse.gov.uk/2025/02/25/cctv-captures-moment-welder-crushed-at-sunderland-shipyard/

Case law: Travis Perkins fined £2 Million

A court has heard how timber being transported on a Travis Perkins lorry fell and pierced the windscreen of a car, killing the driver. The accident in 2020 was caused by poor securing of the load, which was in turn linked to a lack of supervision and training.

Further information:

https://www.standard.co.uk/news/crime/travis-perkins-richard-heller-east-sussex-bmw-hove-crown-court-b1206760.html

Case law: £1 million fine for fall and machine entanglement

West Fraser (Europe) Ltd, formerly known as Norbord has pleaded guilty to charges as a premises owner. These related to a manufacturing plant in Cowie where a scaffolder fell through a rusted gantry and in a separate incident a worker’s leg was entangled in machinery.

Further information:

https://press.hse.gov.uk/2025/02/17/wood-company-fined-more-than-1million-after-two-workers-injured/

Case law: Tractor tyre exploded

A partnership has been fined £80,000 in connection with the death of a worker killed when a high-pressure tyre burst during inflation. No safety cage was in use.

Further information:

https://press.hse.gov.uk/2025/02/04/farm-partnership-fined-after-man-with-heart-of-gold-killed-by-exploding-tyre/

Case law: Fall caused by carrying materials down a ladder

A roofer who was taking slates by hand down a ladder, fell, suffering back, skull and rib fractures in a fall. The sole trader who was responsible for the site, Daniel Hooper, pleaded guilty to breaching Regulation 4(1), Work at Height Regulations 2005. He was given a suspended jail sentence and community service.

Further information:

https://press.hse.gov.uk/2025/02/06/roofer-given-suspended-sentence-after-man-falls-from-scaffold/

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Further information:

https://press.hse.gov.uk/2025/02/06/roofer-given-suspended-sentence-after-man-falls-from-scaffold/

Case law: Wall collapse killed two

A recent case resulted in a groundworks firm being fined £50,000 over safety failings that led to two workers being crushed to death in a wall collapse. The accident was caused by digging a trench without temporary supports to shore up the wall.

In court, Fernbrooke Scotland LLP admitted omitting to check the condition of the wall, and particularly its foundations, prior to starting the renovation.

Further information:

https://www.bbc.co.uk/news/articles/c5y2dvxg7q4o

Case law: Machinery accidents land bakery in court

David Wood Baking Ltd has been prosecuted following three serious accidents in six months, involving machines. The prosecution focussed on guarding failures, training, monitoring and responding to defects. It was fined more than half a million pounds.

Further information:

https://press.hse.gov.uk/2024/12/19/food-manufacturer-fined-following-machinery-incidents/

Case law: MOT station crush

A 14-year-old boy was crushed whilst observing a brake test at New Auto Tech Limited, a court has heard. The London based company had provided a designated viewing seat, though this in itself was inadequate as it lacked barriers. But then the boy moved from the seat, when the vehicle was accidentally driven into him. The firm was fined £10,000 and ordered to pay costs of £6,810.

Photos:

Further information:

https://press.hse.gov.uk/2025/01/10/fine-for-mot-testing-centre-after-child-crushed-by-car/

Case law: Stone slabs tipped from stillage

A manufacturer of stone products has been prosecuted after three slabs fell from a stillage crushing one worker.

Further information:

https://press.hse.gov.uk/2025/01/23/manufacturing-firm-fined-after-workers-struck-by-stone-slabs/

Case law: Public had access to waste compactor chamber and controls

A company has been fined £100,000 after it placed three waste compactors in a dangerous condition, at a location for the public to use. There was also no staff training and no safe system of work for clearing blockages.

In court the firm was fined £100,000 and ordered to pay costs of £10,077.

Photos:

Further information:

https://press.hse.gov.uk/2025/01/28/company-fined-for-failures-at-waste-and-recycling-centre/

Case law: Wood dust was out of control

A window and door manufacturer has appeared in court after three HSE inspections in 12 years did not show it in a good light. The HSE identified the following concerns with wood dust controls:

  • inadequate local exhaust ventilation (LEV) and a failure to have its LEV thoroughly examined and tested within the preceding 14 months;
  • failure to have employees face fit tested for their RPE;
  • common dry sweeping of wood dust;
  • using compressed air lines for clearing of wood dust from machines;
  • using incorrect L class vacuums; and
  • failure to have employees who were exposed to wood dust under health surveillance.

Further information:

https://press.hse.gov.uk/2025/01/16/repeated-wood-dust-failures-lands-company-with-fine/

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