New publications this month:
PRIME MINISTER'S OFFICE, 10 DOWNING STREET, DEPARTMENT FOR ENVIRONMENT, FOOD & RURAL AFFAIRS, HM REVENUE & CUSTOMS, MEDICINES AND HEALTHCARE PRODUCTS REGULATORY AGENCY AND DEPARTMENT FOR BUSINESS AND TRADE
Legislation implementing the Windsor Framework
A range of legislation made in February 2024 implements the Windsor Framework, including the Windsor Framework (Democratic Scrutiny) Regulations 2024, Windsor Framework (Constitutional Status of Northern Ireland) Regulations 2024 and Windsor Framework (UK Internal Market and Unfettered Access) Regulations 2024.
Significantly, this legislation prohibits the UK government from entering into agreements with the EU that could create new EU law alignment for Northern Ireland and, as a result, create a new regulatory border between Great Britain and Northern Ireland.
The Windsor Framework provides a route for certain goods to be destined to the Northern Irish market only from Great Britain under significantly reduced export/import controls. However, Northern Ireland remains subject to EU rules for cross border trade of certain products (e.g., agrifood products). EU rules also continue to apply to certain other products placed on the Northern Irish market. (e.g., manufactured goods such as machinery, electrical equipment and pressure equipment).
The ‘Stormont brake’ mechanism permits the Northern Ireland Assembly to potentially veto updated EU legislation in the future.
HEALTH AND SAFETY EXECUTIVE
UK REACH: Report 2022/23
This report summarises the HSE’s achievements and activities in relation to UK REACH in 2022/23.
UK REACH: Work Programme 2023/24
This work programme states how the HSE intends to deliver regulatory activities under UK REACH in 2023/25. Actions include:
UK REACH: Information on evaluation activity undertaken in 2023
The HSE has published details of the UK REACH evaluation activity it undertook during the 2023 calendar year. This includes dossier and substance evaluations.
Updated document L74: First aid at work: Guidance on regulations
The L74 guidance has been updated to:
Building Safety Act Guidance
The following documents relating to the higher-risk building safety regime were published in February 2024:
GB Biocidal Products Regime: Active substance expiry dates postponed
The HSE has announced that expiry dates for all biocidal active substances/product type combinations for expiry between 1 January 2024 and 31 December 2026 have been postponed until 31 January 2027.
This delay is expected to impact up to 110 active substance/product type combinations and a list of those identified to date is available online.
New biocidal products containing the active substances affected will still require GB Biocidal Products Regime product authorisations before they may be supplied.
Further postponements are possible.
HEALTH AND SAFETY EXECUTIVE NORTHERN IRELAND (HSENI)
Using Telehandlers in Agriculture
Guidance is provided on the use of telehandlers in agricultural settings.
Machinery guarding, safe isolation and maintenance resource lists
These lists provide guidance on these topics for specific sectors:
MARITIME AND COASTGUARD AGENCY (MCA)
The following notes and notices relevant to occupational health and safety were published or updated during February 2024:
Recycling company fined after worker injury
A West Yorkshire recycling company has been fined after batteries weighing at least 300kg fell onto an employee.
On 22 March 2019, the man was working with two colleagues at the site in Halifax when he was struck by batteries being recycled. The three workers had been restacking the batteries that were stored in Flexible Intermediate Bulk Containers (FIBCs) after a stack had toppled over. The FIBCs started to rip in front of them, leading to the batteries falling onto one of the workers.
The worker suffered a double compound fracture to his lower right leg, a fracture to the left tibia, a fractured right collar bone, some bruising to his ribs and a cut on his forehead.
An HSE investigation found that Wastecare Limited had failed to ensure the health, safety, and welfare of its employees at work. The site was overstocked, bags of batteries had been stacked in an unsafe manner and there were no specific documented risk assessments or safe systems of work for the correct stacking and storage of batteries. This was not an isolated incident.
HSE guidance states that FIBCs must not be stacked, unless the FIBC is designed to be stacked and only then this should the FIBCs be stacked in either a pyramid form or against two walls.
Breach
Wastecare Limited pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974:
Penalty
Wastecare Limited was fined £120,000 and ordered to pay £4,937.39 in costs.
Bedding manufacturer fined after employees suffer serious injuries
A bedding manufacturer has been fined after two employees were seriously injured during separate incidents at its site. Both incidents saw both workers undergo amputations.
The first incident took place on 29 March 2020 and was on the first day the employee was working on the line. The worker had been instructed to clean the measuring wheel on a cutting machine. He climbed onto the conveyer belt, but the cutting machine had not been properly isolated from all sources of power and the machine’s clamp came down. The clamp trapped the employee’s left hand and caused the circular saw to move.
The circular saw was brought to a stop by another employee who pressed the emergency stop button. Unfortunately, this was not in time and resulted in the worker having three fingers amputated from his left hand.
On 22 October 2021, a second employee was involved in an incident while operating a quilting machine. The worker had noticed a fallen casing and attempted to place it onto the back of the machine while it was being operated. However, his gloves became tangled in the machine, causing his right hand to be dragged in. This caused lacerations and crush injuries to his right hand and resulted in the tips of two of his fingers being amputated.
HSE investigations in 2020 and 2021 found that Sartex Quilts and Textiles Limited had not guarded the machinery and had not implemented suitable and sufficient procedures to isolate machinery from power.
HSE guidance says machines should be properly switched off, isolated or locked off before taking any action to remove blockages, clean or make adjustments. Machines should also be fitted with fixed guards to enclose dangerous parts, whenever practical.
Sartex Quilts and Textiles Limited pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974 and Regulation 11 of the Provision and Use of Work Equipment Regulations 1998:
Sartex Quilts and Textiles Limited was fined £251,250 and ordered to pay £6,862.63 in costs.
Farming company sentenced following worker fatality
A company involved in fruit and vegetable production has been fined after a man was killed at a site in Burscough.
On 3 January 2020, the man suffered severe, fatal head injuries when he fell from a skip at a farm operated by M.A.Forshaw Limited.
The man had been working at the site, tipping food waste into a skip from a container attached to a forklift truck. The container could not be securely attached to the forklift truck, which was known to detach from the vehicle during the procedure. As the man attempted to manually assist in the operation, he was standing on top of the skip when the container slipped from the forklift truck causing him to fall to the ground.
An HSE investigation found that M.A.Forshaw Limited had not fully assessed the risks involved in this daily task. Had they done so, the dangers would have been identified. They also failed to maintain equipment in safe working order and to properly instruct staff in safe working practices.
Companies that use work equipment must manage the risks associated with its use. Detailed guidance on the Provision and Use of Work Equipment Regulations 1998 is available. Guidance for those using lifting equipment for work is also available.
M.A.Forshaw Limited pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974.
M.A.Forshaw Limited was fined £320,000 and were ordered to pay £4,574 in costs.
