New publications this month:

HEALTH AND SAFETY EXECUTIVE (HSE)

Personal protective equipment (PPE) at work regulations from 6 April 2022

Online guidance concerns changes to be made by the Personal Protective Equipment at Work (Amendment) Regulations 2022. These regulations extend PPE duties to limb (b) workers.

GB PIC: annual reporting of exports and imports

Companies importing or exporting chemicals subject to the Prior Informed Consent (PIC) regime are required to submit annual reports for the 2021 year by 31 of April 2022. These must be submitted to the HSE and regard volumes exported from or imported to Great Britain.

Safety Bulletin: Offshore crane boom hoist rope failures

This new bulletin sets out actions required by persons involved in the operation, maintenance and inspection of offshore cranes.

DEPARTMENT FOR LEVELLING UP, HOUSING AND COMMUNITIES

Collaborative procurement guidance for design and construction to support building safety

This document provides guidance on improving construction procurement in order to improve quality and safety standards.

Building Safety Fund: A step by step guide for leaseholders and residents

Guidance has been published on the Building Safety Fund, which aims to protect leaseholders of certain high-rise residential buildings from the cost of unsafe cladding remediation works.

EUROPEAN CHEMICALS AGENCY (ECHA): EU AND NORTHERN IRELAND

Four hazardous chemicals added to the candidate list

The following four chemicals were added to the EU REACH candidate list in January 2022. This list concerns substances of very high concern:

• 6,6'-di-tert-butyl-2,2'-methylenedi-p-cresol;
• tris(2-methoxyethoxy)vinylsilane;
• (±)-1,7,7-trimethyl-3-[(4-methylphenyl)methylene]bicyclo[2.2.1]heptan-2-one covering any of the individual isomers and/or combinations thereof (4-MBC); and
• S-(tricyclo(5.2.1.02,6)deca-3-en-8(or 9)-yl O-(isopropyl or isobutyl or 2-ethylhexyl) O-(isopropyl or isobutyl or 2-ethylhexyl) phosphorodithioate.

Builder prosecuted after employees were exposed to asbestos during unsafe removal

A builder has received a community order and has been fined after he was found to have exposed employees to asbestos while refurbishing a domestic premises in Reading.

The builder was contracted to carry out a large-scale refurbishment for his client who had recently purchased the property from their local council. Prior to the project commencing, the owner of the property informed the builder that the ceiling boards in the garage contained asbestos.

After receiving this information, the builder instructed two employees, who had no experience in asbestos removal, to take down the boards. No protective measures were put in place. Once they had taken down the boards, the boards were stored inside the house for a further three months before they were moved into the front garden to be disposed of. Subsequent examination of these boards identified them as Asbestos Insulating Board, a high risk product which requires an asbestos removal licence to remove.

An HSE investigation found that the builder was made aware that asbestos was present in the property, and yet he failed to make adequate enquiries as to where the asbestos was, its type and the condition it was in, prior to carrying out the removal.  He also instructed his employees, who lacked the necessary competence, to carry out the removal with no control measures in place.

Breaches

The builder pleaded guilty to breaching Regulation 5(a), Regulation 8(1), Regulation 11(1) of the Control of Asbestos Regulations 2012:

• Regulation 5(a) prohibits employers from undertaking work which will expose or is liable to expose employees to asbestos, unless a suitable and sufficient assessment of whether asbestos, what type of asbestos, containing in what material and in what condition is present or is liable to be present.
• Regulation 8(1) requires that employers hold licences before undertaking licensable work with asbestos.
• Regulation 11(1) requires every employer to prevent exposure to asbestos so far as is reasonably practicable.

Penalty

The builder had received 12 month community order with a rehabilitation requirement of 25 days and 100 hours of unpaid work. The builder was also ordered to pay £5,000 in costs and a £95 victim surcharge.

Construction firm fined and director given community order for breaching working at height regulations

A construction firm and a company director have been sentenced after undertaking unsafe work on the roof of a multi-storey building in Manchester.

Reports were made to the HSE after workers were spotted on the roof of the building without safety measures in place to prevent a fall.

Two HSE inspections were undertaken subsequently. On the second site visit on 27 February 2019 employees were found to be working on the roof with no suitable controls in place to prevent falls. Inspectors intervened and stopped the work.

An HSE investigation found that the unsafe work on the roof had taken place over a period of time from 1 January 2019 to 28 February 2019, posing a significant risk of death or serious injury.

Breach

The company and company director were both found guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974:

• Section 2(1) requires employers to ensure, so far as is reasonably practicable, the health, safety and welfare at work of their employees.

Penalties

Exquisite Solutions Limited was fined £42,500 and ordered to pay costs of £5,049.73 plus a victim surcharge of £170.

In addition, the company director was given a community order for 270 hours of unpaid work and ordered to pay costs of £5,049.73 and a victim surcharge of £85.

House builder and director sentenced after safety failings

A construction company and its director have been sentenced regarding multiple health and safety failings at a house build site in Irvine.

The HSE undertook three inspections on between October and December 2016. A series of prohibition and improvement notices were served on Stable Homes Limited with respect to failings including unsafe scaffolding, unsafe electrics, inadequate welfare, unsafe traffic management, site tidiness and lack of general fire precautions.

The HSE investigation found that as client and principal contractor, Stable Homes Limited had failed to put an adequate plan in place to manage and monitor the construction phase of the project and this had led to significant risks. The company also failed to take adequate action to rectify the failings and comply with the enforcement notices.

The HSE investigation also found that Director of the company was acting as site manager and was directly involved in the failings of the company.

Breach

Stable Homes Limited pleaded guilty to seven charges under health and safety law.

The director pleaded guilty to seven six charges under Section 37(1) of the Health and Safety at Work Act 1974:

• Section 37(1) makes directors, managers, secretaries or similar officers of bodies corporate liable for offences under the Act, where this is proved to have been committed with their consent or connivance, or where this was attributable to any neglect on their part.

Penalty

Stable Homes Limited was fined a total of £35,332.

The company director was sentenced to a 166 hour community pay back order and was disqualified from holding a directorship for two years.