New publications this month:

HEALTH AND SAFETY EXECUTIVE (HSE)

Safe use of ladders and stepladders

This guidance was updated in April 2022.

Mast climbing work platforms: Failure to detect mechanical failure in drive units leading to uncontrolled fall of platforms

This safety bulletin concerns a serious technical fault identified with mast climbing work platforms. These are widely used in construction projects but may also be used for access to large plant.

Safety notice: Ear loop respirators/masks do not provide protection as tight fitting RPE

This notice communicates the findings of HSE research, which found that respirators or masks that rely on ear loops to hold the respirator/mask in place, do not protect people adequately when used as tight fitting respiratory protective equipment (RPE). As a result the HSE does not recommend that these respirators are masks are used as tight fitting RPE.

DEPARTMENT FOR LEVELLING UP, HOUSING AND COMMUNITIES AND MINISTRY OF HOUSING, COMMUNITIES & LOCAL GOVERNMENT

Building Safety Bill: factsheets

Factsheets supporting the Building Safety Bill have been updated to reflect subsequent amendments to the Bill.

MARITIME AND COASTGUARD AGENCY (MCA)

Marine Guidance Notes (MGNs)

A range of marine guidance notes were updated during April 2022:

• MGN 649 (M) Amendment 1 Application of MARPOL Annex II to offshore support vessels
• MGN 659 (M+F) Entry into enclosed spaces
• MGN 428 (M+F) Health and safety at work (artificial optical radiation) regulations 2010
• MGN 487 (M) Amendment 2 Maritime Labour Convention (MLC), 2006 On-shore complaints
• MIN 542 (M+F) Amendment 2 Life saving appliances – recognised distress signals and advertised alternatives to pyrotechnic flares

COVID-19 Notices

The following Marine Information Notices concerning COVID-19 were published during April 2022:

• MIN 618 (M+F) COVID-19 reporting of occupational diseases
• MIN 616 COVID-19: minimising risk to ships’ crews and other maritime sector workers

Company fined after a Worker suffered Burns

A manufacturer of cleaning and hygiene chemicals has been fined after a worker suffered burns to their right arm and hand.

On 21 August 2017 a batch of hairspray was being mixed in a 10,000 litre stainless steel mixing vessel. This process created flammable vapours within the mixing vessel as a result of heating.

Ethanol was pumped directly into the vessel via pipework from an external storage tank. Other constituents (liquid and powder) were added to the vessel via a manway lid on the top of the vessel. The mixing process then required the addition of heat via an integral steam coil within the vessel.

As the worker was adding powders into the vessel via the lid using a metal scoop, flammable vapours leaving the vessel via the lid were ignited. The lit vapours briefly engulfed the worker’s upper torso. The worker suffered 13 per cent superficial burns to his right arm and hand.

An HSE investigation found that although there was an extraction system at the lip of the manway lid to remove vapours, this was not adequate to prevent a build-up of a flammable atmosphere. The investigation concluded that the ignition source was likely to have been a spark from the metal scoop or static electricity built up on the worker’s clothing.

Breach 

Robert McBride Ltd pleaded guilty to breaching Regulation 6(1) of the Dangerous Substances and Explosive Atmospheres Regulations (DSEAR) 2002:

• Regulation 6(1) requires that every employer shall ensure risks are either eliminated or reduced so far as is reasonably practicable.

Penalty

Robert McBride Ltd was fined £480,000 and ordered to pay costs of £13,441.80.

Ministry of Defence receives Crown Censure after an Employee was shot with Live Ammunition

The Ministry of Defence has been issued with a Crown Censure after an employee suffered severe injuries during a training exercise.

In January 2019 the employee was shot with live ammunition during a training exercise where blank ammunition should have been used. This issue put both employees and persons not in the employment of Ministry of Defence at risk.

The incident had life changing consequences for the injured employee. Following their medical discharge, they suffered from post-traumatic stress disorder and had difficulty performing routine tasks such as getting dressed, cooking cleaning and driving.

Breaches

By accepting the Crown Censure, the Ministry of Defence admitted breaching its duty under Section 2(1) and Section 3(1) of the Health & Safety at Work etc Act 1974:

• Section 2(1) requires every employer to ensure, as far as reasonably practicable, the health, safety, and welfare at work of all their employees.
• Section 3(1) makes it the duty of every employer to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected are not exposed to risks to their health or safety.

Penalty

Crown Censures are the maximum sanction that may be issued against a government body that the HSE can bring. There is no financial penalty associated with Crown Censure, but once accepted is an official record of a failing to meet the standards set out in law.

Transport and Haulage Company sentenced after Worker died after a fall from a Shipping Container

J R Adams (Newcastle) Ltd has been fined after a worker fell from a shipping container at their premises in Gateshead.

On 27 June 2018 an employee was unloading goods from the transport shipping container, which was on the back of a large goods road vehicle trailer at the Gateshead premises. The employee was inside the open-topped container with the rear doors open, where they were preparing access for the overhead crane and removal of the shipment of steel girders. While undertaking this work the employee fell approximately 1.5 metres from the rear of the container.

An HSE investigation found that although the company had various generic risk assessments and safe working method statements, it had not put in place the simple control measures to prevent or mitigate a fall from the rear of the container.  The company had also failed to carry out a suitable or sufficient risk assessment for this specific work activity.

Breach

J R Adams (Newcastle) Ltd pleaded guilty to breaching Section 2(1) of the Health & Safety at Work etc Act 1974.

Penalty

J R Adams (Newcastle) Ltd was fined £200,000 and ordered to pay costs of £15,322.