Jul 2023
News - July 2023 - Legal Update
News: Wood Dust Health Campaign
HSE inspectors will be visiting woodworking businesses over the next year, focusing on the dangers of respiratory risks from wood dust. The regulator expects businesses to be on top of wood dust control, for example with effective exhaust ventilation, face fit testing of respirators, and health surveillance programmes.
Key steps to compliance:
- Local Exhaust Ventilation (LEV) must be in place and be effective.
- LEV must be inspected and tested by a competent person every 14-months.
- Cleaning regime be in place to remove excess dust.
- M-Class vacuum to be used to clean up dust – Do not use brooms to sweep up dust.
- Risk assessment and safe system of work must be in place for the work equipment.
- Work equipment is inspected for signs of damage prior to being used.
- Staff are trained and competent in the use of equipment.
Further information:
News: CDM - Principal Designer
The HSE has examined the success or otherwise of the role of the Principal Designer as defined in the Construction (Design and Management) Regulations 2015. It’s found that there is a wide variation in the tasks that PDs undertake.
Further information:
https://www.hse.gov.uk/Research/rrhtm/rr1198.htm
News: Complying with rules about external wall materials
The Fire Industry Association has published guidance to help designers of higher risk buildings in complying with new requirements on exterior wall structure. It points out that getting this wrong can be extremely expensive.
Further information:
https://www.fia.uk.com/resourceLibrary/fia-guide-regulation-7274-building-reg.html
News: Working in hot weather
Work in high workplace temperatures is the topic of this latest HSE advice.
Key steps to compliance:
- Stay informed – stay up to date with weather forecasts and prepare for warm conditions.
- Hydration – ensure that all staff always have adequate access to water.
- Schedule breaks – plan regular rest breaks in shaded or air-conditioned areas.
- Dress appropriately and wear sunscreen.
- Training and education on working in warm conditions.
- Rotates tasks when possible.
Further information:
https://press.hse.gov.uk/2023/06/08/working-in-hot-weather-employers-asked-to-help-workers/
Case law: Crushed by 700Kg crate
PSV Glass & Glazing Limited has been fined £200,000 after an employee broke two ribs and fractured his vertebra in an accident with a 700Kg crate of glass. The accident seems to have been rooted in a lack of space to use suitable lifting equipment.
Key steps to compliance:
- Ensure all lifting operations are completed by competent contractors.
- Ensure suitable selection and appointment of contractor system is in place.
- Check the safe systems of work that are to be followed by the sub-contractors working on a project are suitable and sufficient. Ensure there is a paperwork trail in place that identifies that checks have been completed.
- Have suitable and sufficient site supervision arrangements in place.
- A lifting plan must be in place for all lifting operations.
Further information:
https://press.hse.gov.uk/2023/06/01/company-fined-as-worker-crushed-by-700kg-crate/
Case law: Roof fall
A manufacturer has been fined £660,000 over mistakes in the management of roof works which led to an employee’s horrific injuries in a fall.
Key steps to compliance:
- Work at height must be planned and managed so that falls are prevented, and steps taken to prevent falls must be documented.
- Appropriate work equipment must be used i.e., cherry picker or tower scaffold.
- Staff must be trained and deemed competent to complete the works.
Further information:
Case law: Cooling towers in the spotlight
The HSE reported that when investigating five cases of legionnaire’s disease in West Bromwich it found one manufacturer with a cooling tower in a very poor state. Riaar Plastics Limited was prosecuted and fined £50,000 and ordered to pay £11,000 in costs.
Key steps to compliance:
- Appoint a competent person/contractor to manage legionella risks in line with HSE guidance
Further information:
https://press.hse.gov.uk/2023/06/06/firm-fined-following-outbreak-of-legionnaires-disease/
Case law: Worker lost fingers in packaging machine
A vape liquid manufacturing company has been fined £180,000 after a worker lost two fingers and a thumb while clearing a blockage in a packaging machine.
Key steps to compliance:
- Ensure all maintenance works are planned and completed by a competent person.
- Safe systems of work to be documented.
- Control measures such as a permit to work to be used.
Further information:
https://press.hse.gov.uk/2023/06/20/company-fined-after-workers-fingers-sliced-off/