News - April 2023 - Legal Update

News: HSE’s asbestos campaign

Construction and trades workers, especially those who began work in the 2000s, are the target of the HSE’s latest asbestos awareness campaign.

Further information:

https://workright.campaign.gov.uk/campaigns/asbestos

News: Lithium-ion battery warning

More voices of concern from industry are being added to the campaign for safety when using and disposing of lithium-ion batteries. Cheap Ebike conversion kits are a particular fire concern. Those managing buildings should beware of these devices being charged on site, especially in escape routes.

Further information:

https://www.fia.uk.com/news/government-action-urged-as-new-figures-show-surge-in-lithium-ion-battery-fires.html

News: Consultation on HGV, bus and coach driver training changes

The Department for Transport is consulting on proposed changes to the Driver Certificate of Professional Competence (DCPC) which may include more flexible training options.

Further information:

https://www.gov.uk/government/news/boost-for-bus-coach-and-hgv-driver-recruitment-with-proposed-reforms-to-training-rules

News: Workplace violence

The HSE has issued updated guidance on preventing workplace violence.

Further information:

https://www.hse.gov.uk/violence/index.htm

News: Manual handling in construction

An HSE inspector has shared tips and guidance on the types of action that construction managers can take to reduce manual handling injuries.

The article is particularly useful on the topic of glazing installations.

Further information:

https://www.ioshmagazine.com/2023/02/24/musculoskeletal-disorders-construction

News: Sub-standard PPE

The British Safety Industry Federation (BSIF) warns that substandard products are too readily available on the PPE market. Tests it carried out on 127 products not produced by its members showed that 108 did not meet the standard required. Foe example, there was a safety trainer that failed the midsole penetration test, cuttable cut resistant gloves, and a safety harness and lanyard without the required instructions and documentation

Further information:

https://www.bsif.co.uk/1007039-2/

News: 3 in 5 workers under money pressures

ACAS has published advice for employers on how to support staff through the cost-of-living crisis.

Further information:

https://www.acas.org.uk/3-in-5-workers-feel-stressed-due-to-the-rising-cost-of-living

News: Research into cleaning of production areas

HSE has published research into exposure to hazardous dusts during cleaning of industrial premises.

Further information:

https://www.hse.gov.uk/Research/rrhtm/rr1192.htm

News: Germs rife in communal kitchens

Public Health officials have published the outcome of some research in which swabs were taken in communal workplace kitchens. Frequently touched surfaces such as fridge doors, microwave controls and coffee machines were found to have various bacteria arising from people not washing their hands after going to the toilet. It shows the value of reiterating hygiene measures including hand washing, sanitising surfaces, keeping distance when unwell and covering sneezes or coughs.

Further information:

https://champspublichealth.com/public-health-chiefs-call-on-workers-to-step-up-handwashing-after-workplace-kitchenswabbing/

Case law: £3.5 million fine for epilepsy death

In an unusual case, Morrisons has been convicted of health and safety breaches after an employee died from head injuries from falling down the stairs during an epileptic fit. Matthew Gunn suffered frequent seizures and needed to go up and down stairs regularly to staff lockers. The court agreed that effective adaptations were available to Morrisons such as relocating his locker. The case illustrates the extent of the duty of care by employers to more vulnerable staff.

Further information:

https://www.shponline.co.uk/in-court/morrisons-fined-3-5-million-over-death-of-employee/

Case law: Corporate manslaughter conviction

FDS Waste Services of Poole in Dorset, has been convicted of Corporate Manslaughter and health and safety offences and fined £640,000. The prosecution was triggered by the death of an employee who was run down by a reversing lorry which had a broken wing mirror and no reversing camera switched on. It was also found that there was a lack of training and safe isolation procedures at a conveyor belt.

Further information:

https://www.ioshmagazine.com/2023/02/28/waste-firm-guilty-corporate-manslaughter-after-worker-was-struck-and-killedreversing

Case law: Lorry moved during loading

A garden landscaping company, has been fined £600,000 in connection with the death of employee, Brian White who was killed when the fork lift truck he was driving, overturned and trapped him. The court found that Kelkay Limited had not carried out a suitable and sufficient risk assessment as it had not considered the risk of a lorry being moved during loading and there were no measures in place to prevent it.

Further information:

https://press.hse.gov.uk/2023/03/30/600000-fine-for-company-after-employee-died-while-loading-lorry/

Case law: Concrete pump hose risks highlighted by accident

A sudden pressure release in a concrete pump hose resulted in the hose whipping into the head of a construction worker, who suffered brain trauma. The pump operator, which had used an unqualified operator, was prosecuted and fined £175,000 plus costs of £75,722.

Further information:

https://press.hse.gov.uk/2023/03/16/company-fined-175000-after-worker-suffers-brain-trauma/

Case law: McLaren fined over contractor’s fatal fall

Many still believe that contractors are responsible for their own safety, but a recent case against McLaren (the motorsport giant) illustrates that isn’t the case. McLaren Services Limited was fined £650,000 plus costs of £110,132 after it was found guilty on safety charges. The prosecution followed the death of David Oldham who was inspecting a mobile two storey building on behalf of his employer Zurich Management Services Limited.

Further information:

https://press.hse.gov.uk/2023/03/31/mclaren-fined-as-worker-dies-after-falling-at-formula-one-facility/

Case law: Caretaker fell whilst cleaning bike shed roof

A recent case concerned a school caretaker’s fatal fall from a ladder he was using to pressure wash a bike shed roof. Work at height must be adequately risk assessed and as shown, it’s especially important to take control over work at height carried out by lone workers.

Further information:

https://press.hse.gov.uk/2023/02/28/city-council-fined-after-school-caretaker-dies/

Case law: £180,000 for fire breaches in tower block

A lack of fire risk assessment, competent advice and general fire precautions led to two companies appearing in court over mismanagement of a high-rise block.

Further information:

https://www.fia.uk.com/news/property-managing-agent-and-owners-of-high-rise-residential-building-sentenced-for-fire-safetybreaches.html

Case law: Building collapsed

A Director and his company have been prosecuted after external walls of a house fell down. The incident resulted in the whole site being evaluated by the HSE resulting in multiple enforcement notices covering silica dust, asbestos management, management of temporary works and more.

Further information:

https://press.hse.gov.uk/2023/03/10/construction-company-and-director-fined-after-house-partially-collapses/

Case law: Machine was opened whilst running

A manufacturer has been prosecuted after an employee was able to open a machine and adjust fabric moving through it, without isolating power. The man lost two fingers in the subsequent accident at the face covering making machine.

Further information:

https://press.hse.gov.uk/2023/03/08/company-fined-after-worker-loses-fingers-2/