September 2023 - Legal Update

News: Fire legislation amended

From 1st October 2023 fire risk assessments will need to be recorded, regardless of the number of employees. Another amendment removes the words “significant findings” regarding the assessment: now all findings are to be recorded. There’s also a new requirement to identify other ‘responsible persons’ who share fire safety duties within a premises and record who is responsible for what.

Further information:

https://www.gov.uk/government/publications/check-your-fire-safety-responsibilities-under-section-156-of-the-building-safetyact-2022/fire-safety-responsibilities-under-section-156-of-the-building-safety-act-2022

News: BeAMate helpline for HGV Driver

You can now access mental health support by texting “BeAMate” to 85258.

Further information:

https://press.hse.gov.uk/2023/08/10/working-minds-stress-campaign-to-help-hgv-drivers/

News: AEDs for schools

Guidance from the Department for Education on the purchase and use of automated external defibrillators has been updated to include what support a school should provide to a responder after using a defibrillator.

Further information:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1178446/Automated_Exter

nal_Defibrillators__AEDs__guidance_for_schools.pdf

News: Mobile crane hire advice

An industry group has produced free guidance which will help those hiring and operating mobile cranes.

Further information:

https://www.cpa.uk.net/news/guidance-on-tendering-management-and-operations-of-mobile-cranes

News: Safe isolation of power

This free leaflet includes practical guidance on safe isolation procedures to be followed during construction, refurbishment and maintenance activities.

Further information:

https://www.electricalsafetyfirst.org.uk/media/1201/best-practice-guide-2-issue-3.pdf

Case law: School fined after overloaded ceiling collapse

A recent case serves as a reminder not to allow uncontrolled storage in attic spaces with unknown load capacity. The Thurlow Educational Trust has been fined £80,000 after tables and chairs in a loft caused the ceiling to cave in, injuring young children using the room below.

Further information:

https://www.standard.co.uk/news/crime/dulwich-rosemead-prep-school-fined-ceiling-collapse-roof-prosecution-pupilsb1103532.html

Case law: Construction company fined for asbestos disturbance

Breaches of the Control of Asbestos Regulations 2012 have resulted in a heavy fine for a construction company in Stoke on Trent. Esskay Construction Ltd was found guilty of the charges after it stripped out a property for refurbishment leaving asbestos debris piled up outside the building.

Key steps to compliance:

1. Stop works immediately and halt any activates in the area where asbestos has been disturbed.
2. Isolate the area and used barriers where required.
3. Engage licensed asbestos contractors to safely remove any asbestos on site.

Note. To prevent incidents such as this, asbestos refurbishment surveys must be completed prior to works commencing.

Further information:

https://press.hse.gov.uk/2023/08/24/construction-firm-fined-90000-after-exposing-public-to-asbestos-during-renovation-work/

Case law: CNC machine safety device was overridden

Mountfield CNC Ltd has been charged over an entanglement accident made possible by the fact that safety interlock devices had been defeated. This allowed the machine to work with the guard lifted.

Key steps to compliance:

1. Anyone using machinery should complete pre-start checks. These should identify whether all safety devices, such as guards and interlocks are in place and are effective. If there are any defects, the machine must not be used.
2. All persons using machinery, should be trained in the safe systems of work (SSOW) to be followed. The SSOW should identify that the safety devices should be used.

Further information:

https://press.hse.gov.uk/2023/08/01/company-fined-after-worker-left-paralysed/