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Fire Safety Act 2021
This series of guidance concerns fire safety obligations of responsible persons for buildings containing two or more sets of domestic premises. This reflects Section 1 of the Fire Safety Act 2021, which came into force in England on 16 May 2022.
responsible persons are now required to undertake fire risk assessments taking building structures, external walls, windows and flat entrance doors into common parts into account.
County Council fined after employees developed hand-arm vibration syndrome (HAVS)
Lancashire County Council has been fined after several employees carrying out work in the highways department developed HAVS.
In February 2019, HSE received a RIDDOR report from the council regarding a HAVS case diagnosis. An improvement notice was served to the council in July 2019 requiring the council to improve their control of hand-arm vibration. Despite this note, a further ten cases of vibration-related ill-health, unrelated to the RIDDOR report, were identified and reported late. Four more reports were also filed within the mandatory time period.
An HSE investigation found that there had been insufficient supervision and monitoring by the council to ensure that operatives accurately recorded their levels of exposure to vibration. Additionally, health surveillance records had not been acted upon promptly to reduce or stop exposure when symptoms were reported.
Risk assessments were inadequate to control the amount of exposure of operatives, and practices had not been implemented to prevent overexposure. It was also found that the council had failed to send reports of the various diagnoses to HSE without delay as required under the RIDDOR regime.
Breach
Lancashire County Council pleaded guilty to breaches of Section 2(1) and Section 3(1) of the Health & Safety at Work etc Act 1974 and Regulation 8 of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013.
Penalty
Lancashire County Council was fined £50,000 and ordered to pay costs of £10,366,78.
Two West Yorkshire businesses fired after an HGV driver was injured by falling pallets
Two West Yorkshire businesses have received fines after a HGV driver suffered a fracture to one of his neck vertebrae.
On 5 August 2020 the delivery driver, an employee of Brighouse Pallet Services Ltd, was struck by falling pallets when they were being unloaded from a HGV trailer by a forklift truck operator employed by Seal It Services Ltd at this company’s site in Elland.
An HSE investigation found that both companies had failed to provide a safe system of work for the task. Control measures were inadequate to ensure that all delivery drivers who visited the Seal It Services Ltd’s site were moved to a safe location while HGV trailers were being unloaded by forklift trucks.
Breaches
Brighouse Pallet Services Ltd pleaded guilty to breaching Section 2(1) of the Health & Safety at Work etc Act 1974.
Seal It Services Ltd pleaded guilty to breaching Section 3(1) of the Health & Safety at Work etc Act 1974.
Penalties
Brighouse Pallet Services Ltd was fined £4,000 and ordered to pay £4806.60 in costs.
Seal It Services Ltd was fined £50,000 and ordered to pay £4,654.90 in costs.
Sea food processor fined after workplace fatality
A sea food processing company in Shetland has been fined after a worker died after she was run over by a forklift truck
On 31 January 2018 the employee of QA Fish Ltd suffered significant leg injuries as a pedestrian, following a vehicular collision.
A joint HSE and Police Scotland investigation found that a site-specific workplace transport risk assessment had not been carried out. Although the use of the forklift truck was critical to business, the company failed to provide suitable and sufficient control measures to ensure that pedestrians and vehicles could circulate in a safe manner in the exterior of the premises, particularly with regards to the forklift truck.
QA Fish Ltd had failed to implement effective arrangements for the management of health and safety and also failed to act on the advice of a health and safety consultant several years prior to the incident.
QA Fish Ltd pleaded guilty to breaching Section 2(1) and Section 33(1) of the Health & Safety at Work etc Act 1974.
QA Fish Ltd was fined £80,000, to be paid within 12 months.
