New publications this month:

European Chemicals Agency (ECHA)

Biocidal Products Regulation: Deadlines for Union authorisation applications

ECHA has published a list of active substances and corresponding product types that will require authorisation under the Biocidal Products Regulation by the deadlines set in 2018.

Maritime and Coastguard Agency

MIN 546 (M) Seafarer fatigue - publication of two research projects

This Marine Information Note presents findings of research into seafarer fatigue. 

Companies sentenced after four deaths occur at excavation site

Two companies have been fined and a director has received a suspended sentence following four fatalities at a Claxton Engineering Services’ facility in Great Yarmouth during 2011.

A large steel foundation structure, weighing several tonnes, was being constructed within an excavation as a foundation for a pressure test facility. The structure collapsed on top of four workers and despite a large-scale emergency response, all were pronounced dead at the scene.

The HSE investigation identified that the project had not been adequately planned, managed or monitored by the principal contractor (Encompass Project Management) or client (Claxton Engineering Services).

Penalties

Claxton Engineering Services was fined £500,000 with costs of £100,000.

Encompass Project Management was fined £200,000 with costs of £50,000.

David Groucott, a director at Encompass Project Management, was sentenced to a seven and a half month custodial sentence, which was suspended for two years. He was also ordered to complete 200 hours of unpaid community work and to pay costs of £7,500.

Breaches

• Claxton Engineering Services pleaded guilty to breaching Regulation 9(1)(a) of the Construction (Design and Management) Regulations 2007. Regulation 9(1)(a) requires every client to take reasonable steps to ensure that arrangements for managing the project are suitable to ensure construction work can be carried out so far as is reasonably practicable without risk to the health and safety of any person.
• Encompass Project Management pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974. Under Section 3(1), employers must conduct their undertakings in such a way to ensure, so far as is reasonably practicable, that persons not in his employment are not exposed to risks to their health and safety.
• David Groucott pleaded guilty to breaching Section 37(1) of the Health and Safety at Work etc. Act 1974. Under Section 37(1), directors, managers, secretaries or other similar officers of cooperate bodies are liable separately if the offence was committed with their consent or connivance, or negligence.

City Council fined after apprentice suffers crush injuries

Nottingham City Council has been fined after an apprentice suffered serious hand injuries.

The court heard that the 22 year old apprentice had been on site at a Primary School when the accident occurred. The worker attempted to unblock a lawnmower he was using, when his right hand came into contact with the rotating blade. The injured party’s right index finger was severed and he suffered serious cuts and ligament damage to the other fingers on this hand.

An HSE investigation identified that the council had removed a number of safety measures fitted to the lawnmower, which were replaced with measures providing an inadequate level of protection. The court heard that the council had failed to suitably control the risks associated with the equipment and that training and supervision provided were inadequate.

Penalty

Nottingham City Council was fined £33,000 and ordered to pay costs of £12,000.

Breaches

The council pleaded guilty to breaching the following legislation:

• Section 2(2)(a) of the Health and Safety at Work etc. Act 1974, which requires that plant and systems of work are provided and maintained, so far as is reasonably practicable, to ensure they are safe and do not present risks to health.
• Regulation 9(1) of the Provision and Use of Work Equipment 1998, which requires that all persons using work equipment receive adequate training for purposes of health and safety.
• Regulation 3(1) of the Management of Health and Safety at Work Regulations 1999, which requires that employers make suitable and sufficient risk assessments of risks to employees whilst at work and persons not in their employment who could be at risk from work undertaken.
• Regulation 5(1) of the Management of Health and Safety at Work Regulations 1999, which requires that appropriate health and safety arrangements are in place for the effective planning, organisation, control, monitoring and review of preventive and protective measures against risks.

Roofing company fined after worker trapped in trench

Wallace Roofing and Building, a construction company based in Fife, has been fined after a worker needed to be dug out of a trench that collapsed on him.

The court heard that a trench was being dug with an excavator to connect a drainage system. The injured party was within the trench to help guide the excavator. One of the walls of the nine foot deep trench collapsed when the excavator operator attempted to displace a boulder. The worker was buried under the dislodged earth. Soil was dug away from the worker’s head to allow him to breathe.

The injured party suffered a broker shoulder and collarbone, as well as punctures to both of his lungs and fractures to all bar two of his ribs. His injuries resulted in a hospital stay of nearly three weeks.

An HSE investigation found that the trench had not been suitably constructed or supported to control the risk of collapse. The investigation also found that no one had received formal health and safety training regarding construction site management and the work being undertaken had not been risk assessed.

Penalty

Wallace Roofing and Building was fined £14,000.

Breaches

Wallace Roofing and Building pleaded guilty to breaching the following legislation:

• Section 2(1) of the Health and Safety at Work etc. Act 1974, which requires that every employer ensures, so far as is reasonably practicable, the health, safety and welfare at work of all employees.
• Section 33(1)(a) of the Health and Safety at Work etc. Act 1974, which makes it an offence to discharge duties under Sections 2 through 7 of this Act.