March 2024 - Legal Update

News: Fire safety of E-bikes and E-scooters

New guidance has been issued by the Government regarding the charging of e-bikes and e-scooters. They describe how purchasing, storage, and charging arrangements can mitigate the relatively high fire risk of this equipment. Further information: https://www.gov.uk/government/news/new-guidance-to-enhance-e-bike-and-e-scooter-safety

News: Update to First Aid Guidance

The HSE has published a third edition of its first aid guidance. There appear to be only minor changes such as taking into account mental health needs of employees and changing some terminology.

Further information: https://www.hse.gov.uk/pubns/books/l74.htm

News: Manufacturer ignored wood-dust improvement notices

The HSE reports that a company which received improvement notices for its control of wood dust, failed to implement the requirements and was caught out six months later during a return visit.

Further information: https://press.hse.gov.uk/2024/01/24/manufacturing-company-fined-15000-for-wood-dust-failures/

Case law: Facilities were bad for health

A motor vehicle repair business has been prosecuted over the shocking condition of its welfare facilities after it ignored inspectors’ advice for a period of 18 months.

Further information: https://press.hse.gov.uk/2024/01/24/pictures-reveal-state-of-welfare-facilities-at-sentenced-sheffield-firm/

Case law: Manufacturer fined over two separate amputation incidents

Bedding manufacturer Sartex Quilts and Textiles Limited has been fined £251,250 over its lack of guarding and lack of procedures for power isolation during cleaning and maintenance.

Further information: https://press.hse.gov.uk/2024/02/14/bedding-manufacturer-fined-after-employees-suffer-serious-injuries/

Case law: Fatal fall due to badly managed use of telehandler

A company has been fined £320,000 after an employee was killed in a fall from a skip. He had been trying to empty a container into the skip using a telehandler, but the container could not be secured to the forks and in an attempt to manually assist the process he fell to the ground.

Further information: https://press.hse.gov.uk/2024/02/01/farming-company-fined-320000-after-death-of-much-loved-family-man/

Case law: Killed by excavator

A worker for HACS Construction Limited was struck by the bucket of a digger whilst working alongside the driver to install a trench box. In court the company was fined £330,500 and ordered to pay £9,141 in costs.

Further information: https://press.hse.gov.uk/2024/01/24/construction-company-fined-after-worker-killed-by-an-excavator/

Case law: 300Kg batteries crushed worker

A court has heard how unsafe stacking of batteries led to a worker suffering multiple fractures when a stack collapsed on him. Wastecare Limited was fined £120,000 and ordered to pay £4,937 in costs.

Further information: https://press.hse.gov.uk/2024/02/21/company-fined-after-worker-injured-by-300kg-batteries/

Case law: Severn Trent Water failed in its control of roadworks safety

Severn Trent Water has been ordered to pay £43,000 in fines and costs after pleading guilty to eight offences relating to the unsafe implementation of traffic management measures across Shropshire.

Further information: https://newsroom.shropshire.gov.uk/2024/02/severn-trent-water-ordered-to-pay-43000-for-traffic-management-offences

Case law: Fall from unprotected roof-edge

Property Facilities Group Ltd, and its sub-contractor Horizon Roofing Specialist Limited have each pleaded guilty to a breach of regulation 4(1) Work at Height Regulations 2005 after a worker fell 2.5 metres to the ground.

Further information: https://press.hse.gov.uk/2024/01/19/two-companies-fined-after-a-worker-suffers-serious-injuries-in-a-fall/