New publications this month:

HEALTH AND SAFETY EXECUTIVE (HSE)

Protecting pregnant workers and new mothers

This guidance was updated during June 2022.

Research Report 1171: Metalworking fluid and use of compressed airguns in machining: expert workshop

This research report was published during June 2022.

DEPARTMENT FOR ENVIRONMENT, FOOD AND RURAL AFFAIRS (DEFRA), SCOTTISH GOVERNMENT AND WELSH GOVERNMENT

UK REACH: rationale for priorities in 2022 to 2023

This document presents priorities for restrictions and regulatory management options analysis (RMOA) of substances under UK REACH between 2022 to 2023:

Five priorities are set out:

• A RMOA of per- and polyfluoroalkyl substances (PFAS);
• A RMOA of intentionally-added microplastics;
• A RMOA on bisphenols in thermal paper;
• A RMOA on risks of formaldehyde emissions from consumer articles, particularly from manufactured wood, such as medium density fibreboard (MDF); and
• An updated risk assessment on hazardous flame retardants.

RMOA actions may conclude that restrictions are the most appropriate substance for each class of substances.

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

Fire safety: Approved Document B (Fire Safety)

Amendments to Approved Document B under the Building Regulations in England reflect bans on combustible materials in and on external walls of buildings and new requirements on evacuation.

Further guidance on these changes has been published on GOV.UK.

DEPARTMENT FOR LEVELLING UP, HOUSING AND COMMUNITIES

Building Safety Act 2022 Guidance

A series of guidance on leaseholder protections under the Building Safety Act 2022 have been published:

• Building Safety Act 2022 leaseholder protections: what to do
• Leaseholder protections on building safety costs in England: frequently asked questions

SCOTTISH GOVERNMENT

Building Standards Technical Handbooks

These handbooks provide guidance on achieving standards under the Building (Scotland) Regulations 2004. The handbooks have been updated to reflect building warrants submitted on or after 1 June 2022:

• Building standards technical handbook 2022: non-domestic
• Building standards technical handbook 2022: domestic

EUROPEAN CHEMICALS AGENCY (ECHA): EU AND NORTHERN IRELAND

One hazardous chemical added to the Candidate List

A new chemical, N-(hydroxymethyl)acrylamide, has been added to the candidate list of substances of very high concern under EU REACH.

Timber company fined after employee severs thumb

A timber company has been fined after an employee suffered serious injuries when his thumb came into contact with a saw blade.

On 13 February 2019, the employee was setting up the floor mounted band resaw for a production run when his hand was drawn towards the blade with the power feed on.  The thumb on his right hand was severed when it made contact with an unguarded blade.

An HSE investigation found that the Company had failed to take the machine out of use when the guard fitted stopped working. The company did not have adequate arrangements in place to check and monitor their machines to ensure that guards and other protective devices remained in good working order.

Breach

Watford Timber Company Ltd pleaded guilty to breaching Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998 and Regulation 5 of the Management of Health and Safety at Work Regulations 1999

• 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 5 of the Management of Health and Safety at Work Regulations 1999 requires every employer to implement appropriate health and safety arrangements reflecting the activities and size of the organisation. These must be recorded where five or more employees are employed.

Penalty

Watford Timber Company Ltd was fined £13,400 and ordered to pay costs of £5,358.05.

Construction company fined and director sentenced after workers exposed to asbestos

A construction company has been fined and its director sentenced to a community order of 200 hours unpaid work after workers disturbed asbestos during a refurbishment project.

The company had been contracted to carry out refurbishment work of student accommodation in Manchester.

The project consisted of providing bathrooms for all rooms and constructing two studio flats. Work began by building two show rooms on the ground floor before beginning work on the top floor, which was stripped back to brickwork. During this work, asbestos pipe lagging was removed and debris spread across the site, including in and around the skip in the yard area.

An HSE investigation found that this work was carried out by five or six employees under the supervision of the sole director of the company instead of a licenced asbestos removal contractor.

Breach

Sal Construction Services Limited pleaded guilty to breaching Section 2(1) and Section 3(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.
• Section 3(1) requires every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety.

The director pleaded guilty to breaching the Health and Safety at Work etc. Act 1974 virtue of Section 37(1):

• Section 37(1) states that if a corporate body is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Penalty

The company was fined £30,000 and ordered to pay costs of £2,133.45.

The director was sentenced to 200 hours unpaid work and to pay costs of £2,007.75.

Company fined after contractor injured in a fall from height

A manufacturing company has been fined after a contractor sustained injuries when they fell from the top of a machine.

The contractor was working on top of a Correa machine, which had an access gantry to reach the top. However, the maintenance task underway meant he had to step outside of the gantry to reach a particular part of the machine. Whilst outside the gantry he lost his balance and fell.  As he fell, he tried to grab the top of the machine but failed and fell 3.9 metres resulting in a fractured right elbow, two fractured ribs and two pelvis fractures.

An HSE investigation was carried out which found that the company had no safe system of work for the task, there was a lack of supervision and no formal monitoring system in place to ensure that employees and contractors were working safely.  The task was not planned, supervised, or carried out in a safe manner.

Breaches

Manufax Engineering Limited pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974.

Penalty

Manufax Engineering Limited was fined £26,000 and ordered to pay costs of £3,205.42.