New publications this month:

HEALTH AND SAFETY EXECUTIVE (HSE)

HSG168: Fire safety in construction

This health and safety guidance document has been updated. The main changes made concern the elimination and/or reduction of fire risks at the pre-construction stage. A glossary of terms has also been added.

UK HEALTH SECURITY AGENCY

Particulate air pollution: health effects of exposure

This Committee on the Medical Effects of Air Pollutants (COMEAP) statement concerns the differential health effects of particulate matter, depending on its source or constituents.

Air pollution: cognitive decline and dementia

This COMEAP statement concerns potential air pollution impacts on cognitive decline and dementia.

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

Building Safety Guidance

An extensive range of guidance under the Building Safety Act 2022 was published or updated in July 2022:

• Leaseholder and resident information on the Building Safety Fund
• Building Safety Fund 2020: A step by step guide for leaseholders and residents
• Building Safety Fund guidance for new applications 2022
• Building Safety Fund guidance for new applications from July 2022
• Building Safety Fund: Glossary of terms

• Building safety leaseholder protections: guidance for leaseholders
• Definition of ‘relevant defect’
• Definition of ‘relevant building’
• What are my building owner’s legal obligations?
• Remediation costs: what leaseholders do and do not have to pay
• How do these legal changes affect my lease?
• Cladding remediation
• How will cladding costs be paid for?
• Non-cladding remediation costs: summary
• Definition of non-cladding remediation
• Leaseholder contribution caps
• Making sure remediation work is done
• Splitting liability among building owners
• Mandatory information required from leaseholders and building owners
• Qualifying date, qualifying lease and extent
• Building safety: developer remediation contracts
• What if my building owner is insolvent?

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

Combustion appliances and fuel storage systems: Approved Document J

Amendments to Approved Document J will come into force on 1 October 2022. This will extend requirements and guidance in the document with respect to carbon monoxide alarms.

MARITIME AND COASTGUARD AGENCY (MCA)

Updated guidance notices, information notes and shipping notices

The following notes and notices were published during July 2022:

• MIN 664 (M) Safety climate tool (SCT) for the maritime industry
• MIN 680 (M) Wellbeing at sea
• MSN 1850 (M) Amendment 1: Maritime Labour Convention, 2006: health and safety reporting of occupational diseases
• MGN 410 (M+F) Health and safety work at height regulations 2010
• MGN 297 (M) The carriage of defibrillators on ships
• MIN 590 Amendment 5 (M+F) United Kingdom conformity assessment procedures for marine equipment
• MSN 1874 (M+F) Amendment 6 - Marine Equipment - United Kingdom conformity assessment procedures for marine equipment, other approval and standards
• MGN 674(M) Application of the special purpose ships code
• MGN 653 (M) Electric vehicles onboard passenger roll-on/roll-off (ro-ro) ferries
• MIN 679 (M) Solid bulk cargoes – carriage of coal and carriage and testing of iron ore fines

Company fined after building collapse injured a resident

A building company has been fined after the unsupported gable wall of a house collapsed onto a neighbouring property. This left the resident with a fractured sternum and collarbone.

The wall fell during a home refurbishment project. As part of this project, the existing property had been reduced to a shell with its roof, internal walls, and structural support members for both gable ends removed.

Temporary supports to prevent the collapse of both gable ends were not installed. The correct sequencing of works and co-ordination with the scaffolding contractor failed to take place, resulting in the collapse.

An HSE investigation found that the incident at a house in Bushey, Hertfordshire could have been prevented by effective planning of the dismantling sequence of works.

Breach

Barote Construction pleaded guilty to breaching Regulation 19(1) of the Construction (Design and Management) Regulations 2015:

• Regulation 19(1) requires that all practicable steps are taken, where necessary to prevent danger to any person, to ensure that any new or existing structure does not collapse if, due to carrying out construction work, it may become unstable or is in a temporary state of weakness or instability.

Penalty

Barote Construction was fined £40,000, ordered to pay costs of £686 and a victim surcharge of £190.

Fire service prosecuted after firefighters received serious head injuries during training

Staffordshire Fire and Rescue Service has been prosecuted after two firefighters received injuries during a training exercise at a quarry.

On 29 September 2019, a team of four firefighters were carrying out a rope rescue training exercise at a disused quarry near Buxton. Two of the firefighters received head injuries when rocks fell from the cliff face and hit them.

One firefighter was left paralysed from the chest down.

An HSE investigation found there were failures in the arrangements and controls of the exercise. The risk assessment failed to consider or identify the risk of falling rocks and/or the impact recent heavy rainfall may have had on the stability of the rock face.

The fire service did not have health and safety guidance for off-site training events. The service was also found to have failed to provide sufficient information, instruction, training and supervision to its firefighters.

Breach

Staffordshire Commissioner Fire and Rescue Authority pleaded guilty to failing to discharge the duties imposed upon it by Section 2(1) of the Health and Safety at Work etc. Act 1974:

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

Penalty

Staffordshire Fire and Rescue Service fined £10,000 and was ordered to pay costs of £6,808.40

Steel supplier fined after multiple health and safety failings were found

A company has been fined for multiple health and safety failings at a site in Bishop Auckland.

Acting on concerns raised, the HSE visited the steel supplier’s site in County Durham in 2019. The HSE found that management of health and safety was wholly inadequate at this location. It also came to light that two workers had been injured on separate occasions while operating machinery at the premises.

In June 2019, an employee was struck and injured by a work piece and suffered an injury to his right hand. In July 2019, an agency worker suffered a finger amputation whilst manually removing a piece of metal near the unguarded blade of another machine.

An HSE investigation found the company had failed to prevent access to the dangerous moving parts on both machines. These machines concerned were metal rebar forming machines that had been used at the site for a number of years. In addition to the guarding faults, HSE also found the emergency stop and safety devices were wired out on one of the machines.

Machinery risk assessments in place were substandard and staff were trained to operate the machines in an unsafe manner. A forklift truck was also found to have defective brakes although it had remained in daily use.

Breaches

Midland Steel Reinforcement Supplies (UK) Limited pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974, Regulation 5(1) and Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998 and Regulation 9(3) of the Lifting Operations and Lifting Equipment Regulations 1998

• Regulation 5(1) of the Provision and Use of Work Equipment Regulations 1998 requires every employer to ensure work equipment is maintained in an efficient state, in working order and in good repair.
• Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998 requires every employer to ensure that measures are taken to:
  • prevent access to any dangerous part of machinery or to any rotating stock-bar; or
  • stop the movement of any dangerous part of machinery or rotating stock-bar before any part of a person enters a danger zone.
• Regulation 9(3) of the Lifting Operations and Lifting Equipment Regulations 1998 requires every employer to ensure that lifting equipment which is exposed to conditions causing deterioration which is liable to result in dangerous situations is:
  • Thoroughly examined at the statutory intervals in accordance with an examination scheme; and each time exceptional circumstances which are liable to jeopardise the safety of the lifting equipment have occurred; and
  • If appropriate for the purpose is inspected by a competent person at suitable intervals between thorough examinations

to ensure health and safety conditions are maintained and that any deterioration can be detected and remedied in good time.

Penalty

Midland Steel Reinforcement Supplies (UK) Limited was fined £450,000 and ordered to pay £41,23.51 costs.