News: Coronavirus Coronavirus advice updated - England. England moved to Step 4 of the roadmap on 19 July 2021 easing the restrictions imposed on businesses and individuals. The changes include social distancing guidelines, contact tracing and the requirement to wear a face covering being scrapped. However, these measures are still encouraged. Travel rules have been relaxed with incoming travellers from European countries and the USA no longer requiring quarantining subject to certain rules. From 16 August the requirement to self-isolate as a close contact is also relaxed provided a person has a negative PCR test and has been double vaccinated. The legal changes are set out within the Health Protection (Coronavirus, Restrictions) (Steps etc.) (England) (Revocation and Amendment) Regulations. Further information: https://www.gov.uk/guidance/maintaining-records-of-staff-customers-and-visitors-to-support-nhs-test-and-trace https://www.gov.uk/coronavirus Coronavirus advice updated – Northern Ireland, Scotland, and Wales. Scotland has moved to Level 0 and Wales are in Alert Level 1. Further information: https://www.gov.scot/coronavirus-covid-19/ https://gov.wales/coronavirus https://www.nidirect.gov.uk/campaigns/coronavirus-covid-19 CIBSE Guides. The Chartered Institution of Building Services Engineers (CIBSE) has made available a series of guidance documents under the collective title “Emerging from lockdown”. They cover the subjects of: Ventilation Air cleaning technologies (and Relative Exposure Index Calculator). Safely re-occupying buildings Recommissioning of lifts and escalators post lockdown Lift use and occupancy Further information: https://www.cibse.org/coronavirus-covid-19/emerging-from-lockdown Beware of cheap infrared thermometers. Concerns have been raised about the sale of substandard infrared thermometers within the UK. Further information: https://www.bbc.co.uk/news/health-57982479 News: HSE Annual workplace fatality figures 2020/21. HSE provisional figures show there were 142 workplace deaths of employees in the last year, an increase from 113 in 2019/20. Statistically the numbers have remained fairly steady over the past 5 years, and this is therefore an unwelcome increase of 29%. Further information: https://press.hse.gov.uk/2021/07/07/hse-releases-annual-workplace-fatality-figures-for-2020-21/ The Building Safety Bill. The Building Safety Bill has been introduced in the House of Commons by the government. The Bill aims to improve building standards particularly in high rises, although some aspects of the Bill will spread more widely. Further information: https://press.hse.gov.uk/2021/07/05/building-safety-bill-introduced/ Case law: Killed by electrical fault. A warehouse management company, Logistex Limited, has been fined £180,000 plus costs of £23,358 after an engineer was electrocuted during maintenance work. A faulty isolator switch on the air compressor caused the accident and originated from installation errors. Due to a lack of routine electrical inspection and testing of the electrical system, this was not picked up. Further information: https://press.hse.gov.uk/2021/07/01/warehouse-management-company-fined-after-employee-killed-in-electrical-incident/ Electrical burns hospitalized scaffolder. A court has heard how a scaffolding worker was burned when a pole came into contact with an 11kV power line during unloading. HSE investigations found that poor access on the site meant that all materials had to be moved by hand and there were not enough controls on site warning of overhead cables. Cambridge Glasshouse Company Limited was fined £333,333 after it pleaded guilty to breaching Regulation 14 of the Electricity at Work Act 1989. Further information: https://press.hse.gov.uk/2021/07/26/principal-contractor-fined-after-worker-suffered-electrical-burns/ HGV’s faulty brakes killed two people. A transport boss and an HGV driver have been handed 15 year and six year prison sentences respectively, for their parts in a fatal accident on the M62. The driver had repeatedly reported a brake fault but continued to drive the vehicle, whilst his manager failed to maintain his vehicles. Two men lost their lives when the lorry went through a central reservation and collided with a car. Further information: https://www.ioshmagazine.com/2021/07/08/haulage-boss-and-lorry-driver-jailed-over-faulty-brake-deaths Fatal forklift injury. A court has heard how a lack of planning for moving a heavy machine led to it falling over and fatally crushing an engineer. Further information: https://press.hse.gov.uk/2021/07/08/tool-company-fined-after-employee-sustains-fatal-head-injuries/ Shovel loader killed lorry driver. Egger (UK) has been fined £910,000 after a self-employed lorry driver was struck by a wheeled shovel loader and died. There were insufficient arrangements on the site to safely segregate pedestrians and moving vehicles. Further information: https://press.hse.gov.uk/2021/07/28/company-fined-after-worker-fatally-injured/ Low beams caused collision. A company which expected its forklift drivers to remember to lower the forks at particular locations, in order to avoid low beams, has been criticised for its lack of effective risk control measures. As a result of the inadequate approach to risk management an employee sustained crush injuries in a forklift overturning accident. Further information: https://press.hse.gov.uk/2021/07/19/figures-show-agriculture-remains-the-worst-performing-industrial-sector/ Fitter died falling from mobile tower scaffolding. Forging company, Stokes Group Ltd, has been fined £50,000 after a fitter fell from a tower scaffold which was being used without guard railings. Further information: https://www.shponline.co.uk/in-court/stokes-group-limited-fine-after-maintenance-fitter-dies-in-fall-from-height/ Fall from roof. A company has been criticised in court after it was found to have all the right equipment for work at height but failing to provide it on site. As a result, a worker who was fitting out a garage roof, fell over the open edge and sustained fractures to his knee, foot and hip. The company was fined £30,000 plus costs. Further information: https://press.hse.gov.uk/2021/07/14/construction-company-fined-after-worker-falls-from-domestic-garage-roof/ Lack of spill procedures blamed for chemical burns. An employer has been fined £100,000 in connection with an accident in which a worker’s clothes became contaminated with a corrosive substance, leading to chemical burns. The accident occurred after 1000 litres of a concentrated substance fell from the forks of a forklift truck and became damaged. There was no drench shower on site, and protective clothing was inadequate. Further information: https://press.hse.gov.uk/2021/07/15/rotherham-company-fined-after-worker-suffered-chemical-burns/ Engineering company employee scalped by drill. A court has heard how an employee was scalped and lost an ear after her hair got entangled in a pillar drill at the premises of P&D Engineering Limited, Coventry. The company was fined £62,334 after pleading guilty to charges that it had operated the drill for years without adequate guarding. Further information: https://press.hse.gov.uk/2021/07/28/2781/ £85,000 fine for fire offences. The owner of Malik’s in Cookham has been handed a fine for fire safety offences after the investigation of a serious fire in 2016 revealed a lack of fire doors and detection to protect the residential part of the premises. Further information: https://www.fsmatters.com/Fine-handed-to-Berkshire-restaurant-own Hotel owners fined £350,000. Two directors have been fined £350,000 for fire safety breaches at the Falstaff Hotel in Leamington Spa uncovered in a series of inspections by Warwickshire Fire and Rescue Service. Blocked exits, wedged fire doors and poor maintenance were repeatedly highlighted without action being taken. Further information: https://www.fsmatters.com/Hotel-duo-prosecuted-for-fire-safety-breaches 

News: Coronavirus Coronavirus advice updated - England. The much-awaited announcement on 21 June 2021 confirmed that England remains in step 3 although there are some changes to restrictions affecting weddings, funerals, and care home visits. However, 19th July looks likely, at the time of writing, to be the date when restrictions end. Further information: https://www.gov.uk/guidance/covid-19-coronavirus-restrictions-what-you-can-and-cannot-do Coronavirus advice updated – Northern Ireland, Scotland, and Wales. Other country specific rules can be found via these links. Further information: https://www.gov.scot/coronavirus-covid-19/ https://gov.wales/coronavirus https://www.nidirect.gov.uk/campaigns/coronavirus-covid-19 Compulsory Testing. The government has also announced compulsory vaccinations for those working in CQC registered nursing homes Further information: https://www.gov.uk/government/news/everyone-working-in-care-homes-to-be-fully-vaccinated-under-new-law-to-protect-residents Returning to the office. The CIPD has published a guide to returning to work after the pandemic. Further information: https://www.cipd.co.uk/knowledge/fundamentals/emp-law/employees/workplace-guide-returning-after-coronavirus#gref News: Fire safety High rise fire safety. The Government is seeking views on proposals to require owners or managers of multi-occupied high-rise residential buildings, to plan for the evacuation of those unable to get themselves out in an emergency. Further information: https://www.fia.uk.com/news/blogs/what-will-you-have-to-do-to-comply-with-the-current-and-forthcoming-changes-in-fire-safety-legislation.html Smoke ventilation system. Meanwhile a report into a recent fire in London at New Providence Wharf has revealed concerns in the maintenance of a smoke ventilation system, as well as external fire spread via timber decking on balconies. Further information: https://www.london-fire.gov.uk//media/5816/london-fire-brigade-preliminary-fire-investigation-report-053666-07052021-new-providence-wharf-redacted.pdf Fire safety design in schools. The Department for Education is consulting on a standard which advises on how to minimise the spread and impact of fire in school buildings. Further information: https://www.gov.uk/government/consultations/building-bulletin-100-fire-safety-design-for-schools Fire safety in purpose-built flats. A guide to fire safety in purpose-built blocks of flats has been made available on the government website having been withdrawn earlier in 2021. The guide was published in 2011 and is under review but is the only source of information of its type. Further information: https://www.gov.uk/government/publications/fire-safety-in-purpose-built-blocks-of-flats News: Employment rights Employment rights watchdog planned. The Government has announced that there will be a new single enforcement body bringing together the Gangmasters and Labour Abuse Authority, the Employment Agency Standards Inspectorate and HMRC’s National Minimum Wage Enforcement. Further information: https://www.gov.uk/government/news/government-to-protect-workers-rights-and-clamp-down-on-workplace-abuse-with-powerful-new-body News: British Standards Institute Design and technology course safety. The British Standards Institution has published a draft updated code of practice on the subject of health and safety in Design and Technology within education establishments, BS 4163:2021. Further information: https://standardsdevelopment.bsigroup.com/projects/2020-01564#/section BSi’s latest ISO standard: 45003. The British Standards Institute has published BS ISO 45003:2021: “Occupational Health and Safety Management. Psychological Health and Safety at Work. Guidelines for Managing Psychosocial Risks.” Further information: https://shop.bsigroup.com/ProductDetail?pid=000000000030382269 News: HSE Exposure to lead. The HSE has published a report concerning medical surveillance of 4534 registered lead workers including those from heavy industry, the scrap industry, roofing, glass making and demolition. Of these 14 were suspended from work due to excess blood-lead levels. Further information: https://www.hse.gov.uk/statistics/causdis/lead/index.htm Safety alert – Marine loading arm. The HSE has issued a safety alert after a loading arm failed due to lack of maintenance and inspection of a pivot joint. It warns that those involved with the equipment must ensure access to heights so that maintenance can be undertaken as needed. Further information: https://www.hse.gov.uk/safetybulletins/marine-loading-arm-failure.htm Statutory inspections must be up to date. The HSE its guidance, stating that it will be fully enforcing the requirements for thorough examinations and inspections of pressure systems, lifting equipment, fume extraction equipment, to be kept in date. Further information: https://www.hse.gov.uk/coronavirus/equipment-and-machinery/work-equipment.htm News: Transport for London Penalties Issued for Direct Vision breaches. Transport for London reports that it has issued penalties against 7000 operators for breaches of its “direct vision standard” for lorries, in the first three months of the scheme. The scheme requires operators of twelve-tonne-plus HGVs to apply for a free direct vision permit under which a star rating is issued. Vehicles which receive a zero rating are required to improve, e.g. by adding mirrors. Further information: https://www.fleetpoint.org/law-and-legislation/direct-vision-standard-dvs-law-and-legislation/tfl-issues-7000-fines-for-direct-vision-standard-failures/ News: PPE PPE for home visits in health and social care. Public Health England has published updated guidance on personal protective equipment for health and social care workers. Further information: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/992266/20210609_PPE_guide_for_community_and_social_care_settings.pdf Case law: Employee was fairly dismissed after covid-related absence. An employee has lost his claim for unfair dismissal under the Employment Right Act 1996 after he left work due to coronavirus concerns. He had a vulnerable child and informed his work he would not be returning in March 2020, until it was safe to do so. He lost his claim because he was not able to prove that he had a reasonable belief of being in imminent danger at work. Further information: https://www.ioshmagazine.com/2021/06/01/what-can-organisations-do-if-employee-refuses-return-work Safety supervisor was unfairly dismissed. The Employment Appeal Tribunal (EAT) has upheld the claim of a supervisor that he was unfairly dismissed when staff complained about his way of enforcing new health and safety procedures. Further information: https://assets.publishing.service.gov.uk/media/608983d3d3bf7f013791e92a/Mr_C_Sinclair_v_Trackwork_Ltd_UKEAT_0129_20_OO__V_.pdf School boy killed when climbing lockers. Great Baddow High School has been prosecuted over its failure to secure tall lockers to a wall which resulted in a fatal accident. Further information: https://press.hse.gov.uk/2021/06/24/high-school-fined-after-child-is-fatally-injured/ School employee fell when using ladder . A school Trust has been prosecuted over an accident caused by the inappropriate use of a ladder. Alternative access equipment was needed for dismantling a canopy roof as it required both hands. Further information: https://www.shponline.co.uk/in-court/school-fined-after-worker-injured-in-fall-from-ladder/ BAM Nuttall fined £700,000 for fatal dumper accident. The court found that BAM Nuttall Ltd failed to provide a safe place for maintenance engineers to work after hearing about an accident in which a construction worker was run down and killed by a dumper truck. Further information: https://press.hse.gov.uk/2021/06/08/construction-company-fined-after-an-employee-dies-after-being-run-over-by-a-dumper-truck/ Forklift accident lies land director in court. A director of a small firm misused a forklift truck resulting in a delivery driver being paralysed by a falling load, and then lied to investigators. Further information: https://www.ioshmagazine.com/2021/06/17/director-lied-about-forklift-incident-which-left-driver-paralysed Trap door fall. A retailer has been fined £50,000 over a customer’s fall into a basement. Further information: https://www.ioshmagazine.com/2021/06/03/beauty-business-fined-ps50000-after-customer-fell-down-open-trapdoor Electrical burns. A worker was severely burned and knocked unconscious whilst fixing a transformer, a court has heard Further information: https://press.hse.gov.uk/2021/06/10/manufacturing-company-fined-after-worker-suffered-multiple-electrical-burns/ Mercedes apprentices burned by unknown chemical. After two apprentices working at Mercedes-Benz of Northampton were burned when using an unknown chemical from an unlabelled barrel, the franchise was fined £360,000. Further information: https://press.hse.gov.uk/2021/06/24/company-fined-after-apprentices-suffer-chemical-burns/ Mitre saw severed worker’s hand. The HSE has prosecuted a construction firm after the guard of a mitre saw was propped up to prevent it covering the blade, and an accident resulted in part of a worker’s hand being cut off. Further information: https://press.hse.gov.uk/2021/06/10/construction-company-fined-after-worker-seriously-injured-by-a-mitre-saw/ Unguarded machines. An agricultural machinery manufacturer, which ought to have been an expert in machinery guarding has been caught out over the condition of its own machinery after an employee was drawn into an unguarded lathe. Further information: https://press.hse.gov.uk/2021/06/25/company-fined-after-worker-has-arm-amputated-following-entanglement-in-machine/ British Airways Plc fined £1.8 million. British Airways Plc has been heavily fined for allowing employees to walk in the centre of an internal roadway for years, before one of them was run down and crushed by a baggage tug. Further information: https://press.hse.gov.uk/2021/06/21/british-airways-plc-fined-after-employee-sustained-serious-crush-injuries-in-a-vehicle-collision/ Workers exposed to lead at work. A recent prosecution concerned the exposure of employees to lead dust whilst they were stripping old paint from bell frames at a church. Further information: https://press.hse.gov.uk/2021/06/11/foundry-fined-after-workers-exposed-to-lead-dust/

News: Coronavirus Declare that you offer staff testing. A scheme has been launched to allow businesses which signed up for free workplace testing to display posters and sticker to declare this to customers. Further information: https://www.gov.uk/government/news/new-we-offer-testing-to-our-staff-scheme-launched Long-COVID. ACAS has issued guidance on managing workers with Long-COVID. Further information: https://www.acas.org.uk/long-covid/whether-long-covid-is-treated-as-a-disability Reporting COVID-19 under RIDDOR. The HSE has reviewed its guidance, now making it clear that there is no requirement under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) to report incidents of disease or deaths of members of the public, patients, care home residents or service users from COVID-19. The reporting requirements relate only to staff who got COVID through occupational exposure to the virus. Further information: https://www.hse.gov.uk/coronavirus/riddor/index.htm Cleaning. The HSE has improved its guidance on cleaning to reduce the risk from the coronavirus, with the web pages now covering hand hygiene, the safety of cleaning staff, and workplace sanitising. Further information: https://www.hse.gov.uk/coronavirus/cleaning/index.htm Traffic light travel. Countries have now been classified into red, amber and green lists linked to particular rules on testing and self-isolation. Further information: https://www.gov.uk/guidance/red-amber-and-green-list-rules-for-entering-england News: Electric Vehicles Electric vehicle charging equipment. A guide aimed at engineering inspectors might be worth a read by those who have electric vehicle charging equipment at their premises. It gives an insight into the safe set up, protection and maintenance required. Further information: https://www.safed.co.uk/wp-content/uploads/2021/05/ETC04-Issue-1-17-May-2021.pdf News: CIPD Hybrid working. Hybrid working is the term used for part-time at the office and part-time home working. The CIPD has published resources to help employers manage these roles. Further information: https://www.cipd.co.uk/knowledge/fundamentals/relations/flexible-working/assessing-roles-hybrid-working-flowchart#gref https://www.cipd.co.uk/knowledge/fundamentals/relations/flexible-working/line-manager-supporting-hybrid-working News: Fire safety The Fire Safety Act 2021, enacted on 29th April 2021 addresses some of the recommendations which arose from the Grenfell Inquiry. It makes some changes to the legal requirements for fire safety in England and Wales for premises containing more than one domestic residence. In particular the scope of fire risk assessments in these buildings is broadened to include the external structure and doors between domestic residences and the common parts. Further information: https://www.fia.uk.com/news/blogs/what-will-you-have-to-do-to-comply-with-the-current-and-forthcoming-changes-in-fire-safety-legislation.html News: Working hours Long working hours are a health hazard. The World Health Organisation says there’s a link between long working hours and the incidence of heart disease and stroke. It estimates there were 745,194 attributable deaths within one year. Further information: https://www.sciencedirect.com/science/article/pii/S0160412021002208 News: UK chemicals Summary of UK chemicals regime post-BREXIT. This paper summarises the new UK approach to the chemical’s regulatory regime. Further information: https://commonslibrary.parliament.uk/research-briefings/cbp-8403/#:~:text=REACH News: HSE Preventing ill-health at animal visitor attractions. The HSE has published guidance on health protection at open farms and other animal contact attractions. Further information: https://www.hse.gov.uk/agriculture/topics/visitor-attractions.htm HSE targets metal work and lung disease risks. A n inspection campaign will see HSE inspectors turning up at metal fabrication businesses to enforce health requirements for the control of welding fume and metal working fluids. Further information: https://press.hse.gov.uk/2021/05/04/health-and-safety-executive-inspections-focus-on-occupational-lung-disease/ Inspectors. The HSE’s internal guidance for inspectors will be worth a look for those in this sector: Further information: https://www.hse.gov.uk/foi/internalops/og/og-00122.pdf Case law: Fraudulent claim. An employee has lost his claim for damages and been ordered to pay costs of £40,000 after a judge found that he’s vastly exaggerated the injuries he sustained in an accident. Yacob Adan, a baker had tripped while pulling a trolley at Hovis' giant bakery. But whilst he claimed to have suffered brain-damage and a lasting disability he was secretly recorded going about normal life. He had tried to obtain £300,000 compensation for a genuine accident but ended up with less than nothing. F urther information: https://www.dailymail.co.uk/news/article-9565513/Hovis-baker-claimed-left-brain-damaged-fall-Kent-factory-hit-40k-legal-bill.html Wood mill discharged on corporate manslaughter charge. The owners of Bosley Mill have been found not guilty of corporate manslaughter in relation to the deaths of four staff who were killed in an explosion in 2015. The explosion is thought to have been caused by wood dust. Further information: https://www.ioshmagazine.com/2021/05/06/manslaughter-charges-dropped-over-bosley-mill-blast Hi-viz tabard entangled in roller. A printed plastics manufacturer, Alfaplas Limited, has appeared in court over an accident in which a worker’s protective clothing was drawn into a rotating spindle, asphyxiating him until he was saved by a colleague. The company pleaded guilty to breaching Regulation 11(1), Provision and Use of Work Equipment Regulations 1998 and Regulation 3(1), Management of Health and Safety Regulations 1999 and was fined £150,000 plus costs of £14,379. Further information: https://www.shponline.co.uk/in-court/alfaplas-limited-fined-after-a-worker-became-entangled-in-unguarded-machinery/ Allergic reaction to metalworking fluids. A recent case illustrates how exposure to sensitising substances can cause long term allergy and an inability to continue in a career. In this case the substance was metal working fluid, which caused an allergic dermatitis. There was no risk assessment to identify the potential for exposure to hazardous chemicals and no control measures, such as suitable gloves, to prevent skin contact. The employer was fined £100,000. Further information: https://press.hse.gov.uk/2021/05/20/automotive-engineering-company-sentenced-after-employee-has-allergic-reaction-at-work/ Young’s seafood fined for machine accident. Young’s Seafood Limited has been fined £787,500 over an accident in which an employee put their hand in a mixer and lost a thumb and two fingers. The accident occurred because an interlock mechanism failed on a guard. The HSE found this was down to poor communications, particularly the fault reporting system and that the emergency stop did not work either. Further information: https://press.hse.gov.uk/2021/05/21/company-fined-after-worker-suffers-loss-of-thumb-and-fingers/ Waste company’s £1/2 million fine for BBC project death. Grundon Waste Management Limited has been heavily fined after one of its waste lorries reversed over and killed a traffic marshal at the redevelopment project for the BBC Television Centre. The company had pleaded not guilty. Further information: https://press.hse.gov.uk/2021/05/13/company-fined-after-fatal-collision-at-former-television-centre/ Window and door manufacturer fined for stillage accident. A court has heard how an employee of Sovereign Group Ltd, Lancashire, had both legs broken when a three-tonne stack of stillages fell over whilst being relocated. Investigators found that a poor layout and congestion had contributed, along with a lack of safe systems of work for lifting operations. Further information: https://press.hse.gov.uk/2021/05/19/2632/ Dragged by forklift truck. A meat supplier has pleaded guilty to breaching Regulation 4, Workplace (Health, Safety and Welfare) Regulations 1992 by not having segregation between pedestrians and forklift trucks. Kepak Group Limited was fined £600,000 with costs of £ £38,183 over an accident in which a worker was run down and dragged beneath a forklift truck, causing the loss of a leg. Further information: https://press.hse.gov.uk/2021/05/26/company-fined-after-worker-suffered-life-changing-injuries-in-transport-incident/ Worker was pulled into CNC lathe. A recent case concerned an accident at a computer operated lathe, caused by the deliberate by-passing of safety devices. Further information: https://press.hse.gov.uk/2021/05/27/engineering-company-fined-after-worker-suffered-multiple-injuries/ Asbestos exposure. A principal contractor that failed to obtain an asbestos survey prior to refurbishment work allowed work to continue even after it was warned by a sub-contractor that suspect materials had been disturbed. ASAI Construction Ltd pleaded guilty to breaching Section 3(1), Health and Safety at Work etc Act 1974 and was fined £30,000 plus costs of £2,837. Further information: https://press.hse.gov.uk/2021/04/28/construction-firm-fined-after-workers-exposed-to-asbestos/ Prison for RIDDOR breach. A builder has been jailed for 24 weeks after failing to report an accident under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR). A project which Paul Adams had run had experienced an overturning accident with a digger which resulted in a leg amputation, but crucial evidence was unobtainable when the HSE found out eight months later, resulting in the prosecution. Further information: https://www.shponline.co.uk/construction/custodial-sentence-for-builder-who-failed-to-report-incident/ Equipment fell whilst lowering. A court has heard how a roofing company subcontracted a job without the client’s knowledge but failed to ensure that there were safe methods of work. The air conditioning plant was then lowered during strong winds, falling on a worker and causing a broken leg. NMC Surfacing Limited (NMC) pleaded not guilty to a breach of Regulation 13(1), Construction (Design and Management) Regulations 2015 but was convicted and fined £350,000 plus costs of £45,122. Fraden Contracts Limited pleaded guilty to a breach of 15(2), Construction (Design and Management) Regulations 2015, and was fined £14,000 with costs of £6,015. Further information: https://press.hse.gov.uk/2021/05/14/two-construction-companies-fined-after-worker-injured-during-lifting-operation/ Scaffold collapse. A scaffold tower which was too tall to be safe, overloaded, and incorrectly put up, was the cause of an accident, a court has heard. The tower partially collapsed during demolition work injuring two workers. In court Invictus Facilities and Construction Management Limited pleaded guilty to breaching Section 3(1), Health and Safety at Work etc. Act 1974 was fined £106,000 and ordered to pay costs of £8,501. Director Simon Paul Wright pleaded guilty to a breach of Section 37(1), Health and Safety at Work etc. Act 1974 and was ordered to undertake 150 hours of unpaid work. Further information: https://press.hse.gov.uk/2021/05/17/company-and-director-sentenced-after-two-workers-injured-in-falls-from-height/ Buried in excavation. East Yorkshire builder, Harlands Builders Limited has appeared in court after a ground worker was injured in the partial collapse of a two-metre-deep excavation. Further information: https://press.hse.gov.uk/2021/05/24/construction-company-fined-after-excavation-collapse/ 

News: Coronavirus Coronavirus advice updated. The HSE has provided updated advice on coronavirus precautions including how to avoid its spread, ventilation, protecting vulnerable staff and more. Further information: https://www.hse.gov.uk/coronavirus/index.htm https://www.hse.gov.uk/coronavirus/legionella-risks-during-coronavirus-outbreak.htm https://www.hse.gov.uk/coronavirus/assets/docs/risk-assessment.pdf Return to work. ACAS has updated its comprehensive advice on the action employers should take when managing the return to work for employees. Further information: https://www.acas.org.uk/coronavirus Track and Trace changes. From 12 April 2021 track and trace rules require the collection of all names and contact details of relevant visitors, not only the group leader details. Further information: https://www.gov.uk/guidance/nhs-test-and-trace-workplace-guidance International travel. A traffic light system will be brought in from 17th May at the earliest to categorise countries by the restrictions required for travel. Further information: https://www.gov.uk/government/news/global-travel-taskforce-sets-out-framework-to-safely-reopen-international-travel News: Construction Construction sites can operate until 9pm. The Housing Secretary has announced an extension of permission to work on sites until 9pm, with the temporary measure remaining in place until 30 September 2021. Further information: https://questions-statements.parliament.uk/written-statements/detail/2021-03-25/hcws902 News: Plant safety Cherry picker warning. The HSE has carried out research into the risk of being crushed whilst operating a cherry picker, a risk which is demonstrated by this case. The case concerns an accident in which a cherry picker operator had his neck crushed between the vehicle platform rail and the roof of an industrial shed. Further information: https://press.hse.gov.uk/2021/04/09/demolition-company-fined-after-worker-sustained-life-changing-injuries/ News: Fire safety The Fire Safety Bill has now passed through parliament and will be enacted in the near future. The Bill will amend the Regulatory Reform (Fire safety) Order 2006, to bring within its scope additional parts of blocks of flats, including the external walls. The outcome will be that fire risk assessments for blocks of flats will need to be more comprehensive in future. Further information: https://www.fia.uk.com/news/fire-safety-bill-has-been-passed-leaving-leaseholders-horrified.html News: Gas safety Reducing fire risk in oxygen regulators. T hose who use industrial oxygen should familiarise with this latest advice from the European Industrial Gases Association Further information: https://www.eiga.eu/publications/safety-informations/info-1621-fires-in-cylinder-regulators-in-industrial-oxygen-in-service/ News: HSE Gig Economy. A change in the law will give casual workers the same rights as other workers by being protected from detrimental treatment in health and safety disputes. Further information: https://www.legislation.gov.uk/ukdsi/2021/9780348220636/contents Temporary Workers. The HSE has updated its guidance on the subject of temporary workers. Further information: https://www.hse.gov.uk/vulnerable-workers/gig-agency-temporary-workers/employer/index.htm Stress tools. The HSE has developed new resources on stress management including a “talking toolkit” which helps managers have discussions with staff. Further information: https://press.hse.gov.uk/2021/04/06/new-tools-to-prevent-reduce-and-manage-stress-in-the-workplace/ Sealed inflatables. Sealed air inflatables have a broad range of applications in the entertainment and leisure sector, e.g. trampolines, crash barriers, floating platforms, structures. In this latest advice from the HSE you can read about the risks and the expected control measures. Further information: https://www.hse.gov.uk/entertainment/fairgrounds/inflatables/index.htm Case law: Prison sentence for publican’s disregard for electrical safety. A pub landlord and his electrician brother-in law have been sentenced in connection with the death of a seven-year-old boy who was electrocuted in the pub’s beer garden. Further information: https://news.met.police.uk/news/two-men-jailed-following-death-of-seven-year-old-boy-at-romford-pub-425438 Premise’s failure caused electrical arc and fire. Network Rail has been prosecuted after it allowed a building to become very damp, making it an unsafe place of work for the electrical work which was required there. Further information: https://www.ioshmagazine.com/2021/04/29/substation-fire-leads-ps700000-fine-network-rail Hearing damage from exposure to fire alarm. A tanning salon worker has been awarded £241,000 for hearing damage caused by working for four hours with a fire alarm sounding at between 82 and 87 decibels. Her manager insisted she stay at work despite the discomfort. Further information: https://www.scotcourts.gov.uk/docs/default-source/cos-general-docs/pdf-docs-for-opinions/2021scedin020.pdf?sfvrsn=0 Member of public fatally struck head in fall. A school has been prosecuted over an accident to a visitor at night who tripped over a poorly lit low wall. Further information: https://press.hse.gov.uk/2021/03/31/school-fined-after-member-of-the-public-sustains-fatal-head-injury-in-fall

News - April 2021 - Legal Update

News: Coronavirus: Latest news Reopening. “COVID-19 Response - Spring 2021” sets out the planned steps out of the current lockdown for England. “Stay at home” guidelines have been updated to take into account the planned changes. Further information: https://www.gov.uk/government/publications/covid-19-response-spring-2021 https://www.gov.uk/guidance/national-lockdown-stay-at-home The strategic framework for reopening in Scotland has also been published. Further information: https://www.gov.scot/publications/coronavirus-covid-19-strategic-framework-update-february-2021/ Testing. Do you want to do rapid testing at work? Businesses in England with 50 or more employees can sign up for the rapid testing programme, delivering regular lateral flow testing in the workplace. Further information: https://www.bbc.co.uk/news/uk-55967069 Travel guidance. Requirements have changed for those arriving in the UK from abroad including testing, enforced isolation and home quarantine, depending on the circumstances. Further information: https://www.gov.uk/guidance/travel-advice-novel-coronavirus https://www.gov.uk/government/publications/managed-quarantine-what-to-expect https://www.gov.uk/government/publications/coronavirus-covid-19-travellers-exempt-from-uk-border-rules Coronavirus data. The HSE has published coronavirus case data from RIDDOR reports between 10 April 2020 and 6 February 2021. There were 27,446 occupational disease notifications of COVID-19 in workers including 318 deaths. The highest numbers were from January 2021. Further information: https://www.hse.gov.uk/statistics/coronavirus/index.htm Coronavirus data. The Office for National Statistics has given a provisional analysis of deaths involving the Coronavirus for the working age population showing that men made up two thirds of the fatalities and those in occupations involving close contact with colleagues were the most at risk. Further information: https://www.ioshmagazine.com/2021/02/02/report-reveals-covid-deaths-occupation ‘Flu quashed by coronavirus precautions. No cases of seasonal ‘flu have been recorded by Public Health England in 2021, suggesting that coronavirus restrictions and measures have eliminated it. Further information: https://www.shponline.co.uk/blog/can-the-spread-of-workplace-illness-be-avoided-post-covid-by-increased-remote-working/ First Aid training news. The HSE says that trainer can choose not to include practical training on rescue breaths whilst coronavirus transmission rates are very high. Further information: https://www.hse.gov.uk/coronavirus/first-aid-and-medicals/first-aid-certificate-coronavirus.htm Ventilation. The HSE has updated its web page with the latest information on ventilation for reducing coronavirus risk. Further information: https://www.hse.gov.uk/coronavirus/equipment-and-machinery/air-conditioning-and-ventilation.htm Disinfection options. In this guidance the HSE has warned against the use of walk-through tunnels designed to disinfect clothing and explained the correct use of fog, misting and ultra-violet systems. Further information: https://www.hse.gov.uk/coronavirus/disinfecting-premises-during-coronavirus-outbreak.htm Delivery drivers. The HSE has updated its website guidance on welfare arrangements for visiting delivery drivers. Further information: https://www.hse.gov.uk/coronavirus/drivers-transport-delivery.htm News: Fire safety High rise funding. Two funding routes have been announced to help those stuck in high-rise flats with sub-standard fire precautions and dangerous cladding. There’s an additional £3.5bn fund to replace unsafe cladding on residential buildings with an upper floor at 18 metres or above, a low interest loan scheme to manage the costs for those in low-rise buildings and £30 million to pay for interim waking watches. Further information: https://www.moneysavingexpert.com/news/2021/02/cladding-announcement/ https://www.fsmatters.com/Waking-Watch-Relief-Fund-open-for-applications News: Metal fabricators receive HSE letter The HSE says it has written to fabricated metal businesses across Great Britain to raise awareness of its expectations for the management of health risks. Further information: Information on welding safety can be found here: https://www.hse.gov.uk/welding/index.htm and on metalworking fluids here: https://www.hse.gov.uk/metalworking/ecoshh.htm Case law: Brewery fined for fire breaches Operators of a venue and brewery in Bristol were caught out after a chimney fire led to fire officers investigating their arrangements. In court the firm pleaded guilty to four breaches of fire safety legislation and it was fined £120,000. Further information: https://www.fsmatters.com/Microbrewery-fined-for-breaching-FSO Case law: Worker fell through hole A court has heard how workers cut a hole in the floor of a property under refurbishment, to allow plasterboard to be passed up to the second floor. A worker later fell through suffering fractures to his back. The plastering firm and Principal Contractor were each fined. Further information: https://press.hse.gov.uk/2021/02/04/construction-company-and-plastering-firm-fined-after-employee-falls-from-height/ Case law: Asbestos Asbestos breaches. A property management company and its construction contractor have been prosecuted after asbestos containing materials (ACMs) were left in an area where the public were put at risk. Further information: https://press.hse.gov.uk/2021/02/12/construction-firms-fined-due-to-unsafe-removal-of-asbestos/ In a separate unrelated case, the owner of a demolition company was personally charged over unsafe demolition work which caused damage to underground cables on four occasions and also involved the removal of asbestos containing materials in an uncontrolled manner. Further information: https://press.hse.gov.uk/2021/02/22/contractor-sentenced-following-safety-failings-during-demolition-work/ Roofers fell through fragile surface. A company has been fined £165,000 after a roofer fell ten-metres to his death due to a lack of precautions when working on a fragile roof. Further information: https://press.hse.gov.uk/2021/02/23/roofing-company-fined-after-worker-suffers-fatal-injuries-in-fall/ Case law: Staff put bins on the forks of a truck A manufacturing company has been prosecuted after an unsafe system of work caused on employee to fall and another to be impaled. Further information: https://press.hse.gov.uk/2021/02/04/company-fined-after-workers-injured-in-forklift-truck-crash/ Case law: £200,000 for crush fatality A sawmill company has been prosecuted after one employee was killed and another injured when a machine dropped due to it being unsupported during maintenance. Further information: https://press.hse.gov.uk/2021/01/29/sawmill-company-fined-after-worker-fatally-injured-by-machinery/ Case law: Lathe accidents Two recent cases involved workers hands being drawn into a running lathe. One involved a glove and the other emery cloth. Further information: https://press.hse.gov.uk/2021/01/28/company-fined-after-workers-hand-caught-in-metalworking-lathe/ https://press.hse.gov.uk/2021/02/22/metal-supplier-fined-after-employee-suffers-multiple-fractures/

News - February 2021 - Legal Update