News - May 2020 - Legal Update

Reporting of COVID-19 under RIDDOR. The HSE has issued guidance on the reporting of COVID-19 under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR). It could be reportable where there was evidence of actual or potential occupational exposure.
https://www.hse.gov.uk/news/riddor-reporting-coronavirus.htm

Potential action required/control measures in place
It’s relatively unlikely that the requirements for reporting would be met outside of a healthcare or laboratory environment. Check with HSE Advisor if a case seems to be reportable.

HSE will enforce social distancing measures. The HSE has issued a joint statement with the TUC and CBI describing its approach to the enforcement of social distancing and other Coronavirus related rules. https://press.hse.gov.uk/2020/04/03/coronavirus-a-joint-statement-between-hse-the-tuc-and-the-cbi/

Tachograph calibration. All tachograph calibration and inspection expiry dates have been extended by three months, however, tachograph systems must remain in good order. Full details of these and other relaxations can be found here:
https://www.gov.uk/government/publications/approved-tachograph-centre-special-notice-01-20/approved-tachograph-centre-special-notice-01-20?dm_i=4WKY,BOFF,37Q3PH,1AGSZ,1

Temporary postponement of higher safety and emissions standards in London. Transport for London has temporarily postponed the operation and enforcement of new tightened rules for the Low Emission Zone (LEZ) and Direct Vision Standard (DVS). Enforcement under these rules are suspended for at least four months (to February 2021), however, they will still legally come into force on 26 October 2020.
https://tfl.gov.uk/info-for/deliveries-in-london/delivering-safely/direct-vision-in-heavy-goods-vehicles

Face Fit Testing. The HSE has issued guidance on respiratory protective equipment and face fit testing of face masks to avoid transmission during the coronavirus outbreak. A video presentation explains the procedure for fitting a respirator correctly.
https://www.hse.gov.uk/news/face-mask-ppe-rpe-coronavirus.htm?utm_source=hse.gov.uk&utm_medium=refferal&utm_campaign=coronavirus&utm_term=face-mask-fit-test&utm_content=home-page-popular

COVID-19: Cleaning. The government has also published information on cleaning of non-healthcare premises.
https://www.gov.uk/government/publications/covid-19-decontamination-in-non-healthcare-settings

Driver hours rules. The Department for Transport has announced a relaxation of EU Drivers’ Hours rules and Domestic Drivers’ Hours rules for all sectors in the transport industry until 31 May 2020.
https://www.gov.uk/government/publications/temporary-relaxation-of-the-enforcement-of-the-drivers-hours-rules-all-sectors-carriage-of-goods-by-road

Fork lift truck training update. Guidance has been issued by the HSE and fork lift truck industry, stating that where employers are unable to renew driver certification they may extend the validity of current certificates by up to three months. There are conditions attached, as outlined on this page:
https://fork-truck.org.uk/uploads/files/oRVcjHSE%20Statement%20re%20Driver%20Training%20and%20Certificates.pdf

Lifting equipment and pressurised systems/ equipment. The HSE has issued a carefully worded statement regarding its likely enforcement action if businesses are found to have fallen into non-compliance with statutory inspections of lifting equipment and pressurised systems. Where a business has made a reasonable effort to comply and has failed as a direct result of the impact of the coronavirus outbreak, inspectors will take a pragmatic approach.
https://www.hse.gov.uk/news/work-equipment-coronavirus.htm

HSE drops targeted inspections. The HSE says it has suspended its targeted inspection programme and is focussing its inspectors’ time on desk work, and the investigation of deaths, major injuries and complaints by members of the public.
https://www.hse.gov.uk/news/hse-regulatory-activity-during-coronavirus.htm

Arson risks in vacant premises. The Fire Protection Association has issued guidance on the risks of arson and fly tipping at unoccupied premises.
https://www.thefpa.co.uk/news/news/news_detail.security-and-arson-protection-advice-for-building-and-business-owners-and-insurers-a-free-guide-to-managing-the-risk-during-the-covid-19-outbreak.html

HSE’s business plan 2020/21. The HSE’s Business Plan for 2020/21 was presented to the HSE’s board (Annex A of this file). One major project within the plan is the formation of the new Building Safety Regulator which will implement many of the improvements to the regulation of building standards, as recommended post-Grenfell. Health will continue to be a priority for inspectors when site visits resume.
https://webcommunities.hse.gov.uk/gf2.ti/f/21986/696677.1/PDF/-/HSE_Board_18_March_2020.pdf

Crush injuries. An agency worker’s arm was dragged into a press roller as he tried to clean it, causing serious crush injuries. The host employer, E.G.L. Homecare Limited, was fined £80,000 for breaching Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998, which relates to the guarding of machinery.
https://www.shponline.co.uk/in-court/manufacturer-fined-after-an-agency-worker-was-dragged-into-a-press-roller/

Manual Handling of Gas Cylinders. The European Industrial Gases Association has published EIGA 229/20 – Guidance for manual handling activities of cylinders.
http://www.bcga.co.uk/pages/newsManager.cfm?page_id=4&news_id=498