New publications this month:

HSE

L140: Hand-arm Vibration: Control of Vibration at Work Regulations 2005: Guidance on Regulations

This guidance document has been updated. Updates address changes to legislation, technical advances since the initial version and experience gained by the HSE.

HM GOVERNMENT

Approved Document B: Fire Safety (England only)

Volume 1 (dwellings) and Volume 2 (buildings other than dwellings) of Approved document B to the Building Regulations have been updated and will come into force on 30 August 2019.

The new versions of these documents separate the volumes between dwellings and non-dwellings, therefore moving the design of blocks of flats into volume 1.

ECHA

Four new substances added to the Candidate List

The following four chemicals are now defined as substances of very high concern (SVHCs), due to their addition to the REACH Candidate list:

• 2-methoxyethyl acetate;
• Tris(4-nonylphenyl, branched and linear) phosphite (TNPP) with ≥ 0.1% w/w of 4-nonylphenol, branched and linear (4-NP);
• 2,3,3,3-tetrafluoro-2-(heptafluoropropoxy)propionic acid, its salts and its acyl halides (covering any of their individual isomers and combinations thereof); and
• 4-tert-butylphenol.

£1 million in fines for company after two employees suffer burns

Delphi Diesel Systems Limited, a manufacturer of vehicle components, has received a large fine after two employees suffered burns.

On 11 July 2017 the two employees were cleaning a distillation tank forming part of a component washer. Vapours of a flammable chemical that was being used to clean the tank were ignited, leading to an explosion. Both employees suffered significant burn injuries, with one employee’s injuries being so serious they could not return to work for over two months.

An HSE investigation at the site in Stonehouse, Gloucestershire found that no risk assessment had been undertaken of cleaning the distillation tank and that no safe system of work had been put in place. The investigation also found that no planning had been undertaken for the use of the flammable chemical during the cleaning activity.

Breach

Delphi Diesel Systems Limited pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974.

• Section 2(1) makes it the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all employees.

Penalty

Delphi Diesel Systems Limited was fined £1,000,000 and ordered to pay costs of £9,374.

Inadequate welfare facilities lead to prosecution of construction firm

A Cheshire construction company has been fined after failing to ensure suitable welfare facilities were provided for workers on site.

R & S Builders (Mcr) Ltd had received multiple improvement notices as a result of an inspection at a construction site in Stockport on 7 July 2018. The company subsequently complied with notices regarding fire safety and respiratory risks, but failed to meet mandatory minimum standards for health, safety and welfare at the site. The company failed to provide evidence of compliance with the respective notice by the deadline set.

An HSE investigation found that welfare facilities were in a poor condition. Hot and warm water were not available.

The company was previously subject to HSE enforcement action in 2017, including an improvement notice regarding inadequate welfare provisions at a different site.

Breaches

R & S Builders (Mcr) Ltd pleaded guilty to breaching Section 21 of the Health and Safety at Work etc. Act 1974 and Regulation 13(4) of the Construction (Design and Management) Regulations 2015.

• Section 21 enables HSE inspectors to issue improvement notices, setting deadlines for improvements to be made to comply with health and safety law.
• Regulation 13(4) of the Construction (Design and Management) Regulations 2015 requires that principle contractors ensure:
  • A suitable site induction is provided;
  • Necessary steps are taken to prevent access by unauthorised persons to the construction site; and
  • Facilities compliant with Schedule 2 (which states minimum welfare facilities) are provided throughout the construction phase.

Penalty

R & S Builders (Mcr) Ltd was fined £8,000 and ordered to pay costs of £1,814.90.

Fined for company that exposed employees to Respirable Crystalline Silica (RCS)

A Lancashire playground installation and landscaping contractor has been fined for failing to provide adequate control measures to prevent employees from being exposed to RCS.

On 23 March 2018 the HSE inspected a garden centre at Radcliffe in Greater Manchester. The inspector issued a prohibition notice against Playscape Design Ltd to stop two employees from using a powered tool to cut flags without respiratory protective equipment. This put the health of the employees at risk due to exposure to RCS, which is released when silica-containing materials are cut with a powered tool.

The HSE then served an improvement notice, requiring that Playscape Design Ltd provided adequate control from exposure to RCS. A subsequent HSE investigation found that the company did not provide evidence of compliance within the deadline set by the notice and a second, similar job was completed at the same site with no adequate control measures.

Breaches

Playscape Design Ltd pleaded guilty to breaching Regulation 7(1) of the Control of Substances Hazardous to Health Regulations 2002 and also admitted to not complying with an Improvement Notice, which is an offence under Section 33(1)(g) of the Health and Safety at Work etc. Act 1974.

• Regulation 7(1) requires employers to ensure that the exposure of employees to substances hazardous to health is either prevented, or where this is not reasonably practicable, adequately controlled.

Penalty

Playscape Design Ltd was fined £20,000 and ordered to pay costs of £3,000.