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Preview Email
August 2016
Congratulations. There are no changes to the legislation or other requirements in your legal register.
 
Recent Publications

HSE

Safety in the storage and handling of steel and other metal stock (Second edition)

This revised guidance document concerns common hazards associated from metal stock storage, including loading and unloading vehicles, storage systems, workplace transport, mechanical lifting and sharp edges.

What has been updated?

New sections provide further guidance on lifting equipment, lifting accessories and work at height. The document now also prohibits stacking ‘U’ frame racking and ‘barring-off’.

 

Research Reports

The following two research reports were published by the HSE during August 2016:

  • RR1081: Review of Small Wind Turbine Construction Instructions and specifically for Structural Supports and Foundations
  • RR1082: The effectiveness of HSE’s regulatory approach: The construction example

 

HEALTH AND SAFETY EXECUTIVE NORTHERN IRELAND (HSENI)

Forklift Trucks Safety Information Sheet

HSENI has published an updated version of its safety information sheet on the use and maintenance of forklift trucks.

 

N10: Notification of a New Construction Project

The Construction (Design and Management) Regulations (Northern Ireland) 2016 came into force on 1 August 2016.

An updated version of the N10 form, which is to be completed and submitted for notifiable projects, has been published online. An online version of this form is also available.

 

Electromagnetic Fields: Certificate of Exemption

This certificate exempts employers undertaking named activities from limits on exposure to electromagnetic fields and the requirement to put in place a suitable action plans under the Control of Electromagnetic Fields at Work Regulations (Northern Ireland) 2016:

  • Electrolysis as part of a manufacturing process;
  • Use of dielectric heating equipment;
  • Use of induction heating equipment;
  • Use of manually-operated resistance welding equipment; and
  • Use of magnetic resonance imaging equipment other than for patients in the health sector.
 
Offences

Manufacturer fined after worker was crushed by door

At a Worcestershire-based manufacturing firm, a worker nearly lost his life when a door collapsed and pinned him to a baler.

Two maintenance workers were replacing the bottom of a heavy sectional door at the factory. While removing the hinges and brackets the door collapsed, pinning one of the workers between it and a baler that was next to the door.

The worker suffered serious injuries including broken ribs and asphyxiation which led to a loss of consciousness.

Breach

Essential Supply Products Limited was found to have breached section 2(1) Health and Safety at Work etc Act 1974, as the managers had failed to recognise the risks involved in the maintenance work that was taking place. The court heard that there was no appropriate equipment, instruction or training provided to the workers to ensure the method of work was safe.

  • Section 2(1) of the Health and Safety at Work etc Act 1974 requires every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all employees.

Penalty

The firm was fined £20,000 and ordered to pay £2,714.10 in costs.

 

NHS Foundation Trust fined over patient death

A patient was participating in a canoeing activity provided by an outdoor activities centre in partnership with Pennine Care NHS Foundation Trust, when he removed his buoyancy aid and jumped into the water in an attempt to end his own life. The patient drowned as a result.

Pennine Care NHS Foundation Trust had failed to carry out a risk assessment for the activity or to adequately assess the patients’ suitability to attend.

Following the hearing, an HSE Inspector stated that “had the Trust carried out a suitable assessment they would not have allowed a vulnerable person the opportunity to end his life”.

Breach

The Trust was found guilty of breaching Regulation 3(1) of the Management of Health and Safety at Work Regulation 1999 and Section 3(1) of the Health and Safety at Work etc. Act 1974.

  • Regulation 3(1) of the Management of Health and Safety at Work Regulation 1999 states that every employer shall make a suitable and sufficient assessment of the risks to the health and safety of his employees and persons not in his employment.
  • Section 3(1) of the Health and Safety at Work etc. Act 1974 states that it is the responsibility of the employer that persons not in his employment are not exposed to risks to their health or safety.

Penalty

Pennine Care NHS Foundation Trust was fined £30,000 and ordered to pay costs of £51,223.88.

 

Company expose family to risk of asbestos

A Hertfordshire-based home improvement company has been fined after they were found to have removed asbestos material unsafely from a domestic property.

The court heard that asbestos insulation board soffits had been dismantled in an unsafe manner, presenting a serious risk to workers and residents.

The company did not hold a licence to remove asbestos.

Breach

Ace of Hearts Home Improvements Ltd was found guilty of breaching Regulation 8(1) and Regulation 16 of the Control of Asbestos at Work Regulations 2012, and The Health & Safety at Work etc. Act 1974, Section 33(1)(g).

  • Regulation 8(1) of the Control of Asbestos at Work Regulations 2012 states that an employer must hold a valid licence to work with asbestos.
  • Regulation 16 of the Control of Asbestos at Work Regulations 2012 states that an employer has a duty to prevent or reduce the spread of asbestos.
  • The Health & Safety at Work etc. Act 1974, Section 33(1)(g) states that it is an offence to to contravene any requirement or prohibition imposed by an improvement notice.

Penalty

The company was fined £100,000 and ordered to pay costs of £2,118.50.

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