New publications this month:
HEALTH AND SAFETY EXECUTIVE (HSE)
Regulating pesticides after the transition period
The HSE has published updated guidance on how plant protection products will be authorised and may be placed on the market after 31 December 2020.
This guidance reflects that Northern Ireland will remain subject to EU rules due to the Northern Ireland protocol. To gain access to the Great British, Northern Irish and EU markets from 1 January 2021 new authorisations may be required.
Using power tools: avoiding the need for RPE during the pandemic
Guidance is provided on avoiding the requirement for respiratory protective equipment (RPE) when using power tools.
HEALTH AND SAFETY EXECUTIVE NORTHERN IRELAND (HSENI)
Employer Guidance for employees who have to self-isolate due to COVID-19
Guidance has been published regarding employee self-isolation.
DEPARTMENT OF HEALTH AND SOCIAL CARE
Food and feed safety and hygiene: provisional common framework
This provisional framework sets out how the UK government and devolved administrations plan to work together in key food and feed policy areas after the end of the post-Brexit transition period.
MINISTRY OF HOUSING, COMMUNITIES & LOCAL GOVERNMENT
Fire safety: Approved Document B
Consolidated versions of the following documents have been published, reflecting amendments in 2020.
Construction Products Regulation in Northern Ireland from 1 January 2021
Due to the Northern Ireland protocol, construction products in Northern Ireland will remain under EU rules.
From 1 January 2022 construction products will need to meet CE marking standards and the UK(NI) indication in order to be placed on both the UK and EU markets.
EUROPEAN CHEMICALS AGENCY (ECHA)
Updated IT tools and Brexit advice for companies
ECHA’s IT tools and advice have been updated to reflect the Northern Ireland protocol. Companies should act now if they are affected by the withdrawal. The How to transfer your UK REACH registrations prior to the end of the transition period of the UK withdrawal from the EU document has been updated accordingly.
List of substances registered only by UK companies
A list of substances registered only by UK companies has been published. This provides insight into where chemical supply chains may be affected by Brexit.
Director sentenced after worker burned by petrol tank explosion
A Managing Director of a construction company has been given a suspended sentence after an employee suffered severe burns at a construction site in Oxfordshire.
Milton Keynes Magistrates court heard that the director of MWJ Construction had failed to take reasonably practicable precautions for the decommissioning of a petrol tank. This led to an explosion on 9 July 2018.
An HSE investigation found that the injured person and another operative were instructed by the director to use an angle grinder to remove the tank lid to speed up decommissioning. While performing this task, the petrol vapours within the tank were ignited and an explosion occurred. The injured person sustained burns to 26% of their body.
The investigation also found Mr Wojtas had been informed by an officer from the Petroleum Enforcing Authority that the work to decommission the fuel tank was a specialised operation and needed to be completed by a competent contractor. Neither operative had any of the training, experience or knowledge required to make them competent.
Breach
The director pleaded guilty to breaching Section 37 of Health and Safety at Work Act 1974:
Penalty
The director was given a six month suspended sentence and ordered to pay total costs of £8,455.48.
Manufacturer of industrial insulation fined after employee suffered serious hand injury
A manufacturer has been fined after an employee suffered serious injuries while trying to clear a blockage from a machine.
Kingspan Industrial Insulation Limited produces a variety of pipe insulation for industrial use at its site in Glossop, Derbyshire. In this manufacturing process resins and other substances are blended then poured into a foil outer layer before being baked to become rigid foam insulation. The outer foil ‘skin’ then needs trimming to get rid of the excess. The excess foil is extracted away from the process and cut into smaller pieces by a cutter.
On 18 August 2018 an employee was working at the factory in Derbyshire when a cutting machine became blocked. The worker had seen others unblock the cutter so isolated the cutter and started to unblock it himself. However, he had only isolated the fan and as he was looking down the pipe to identify the location of the blockage, his left hand came into contact with the rotating blade. This caused the loss of a finger and other serious injuries.
An HSE investigation found that the company had failed to provide sufficient information, instructions and supervision for the clearing of blockages. Operators were undertaking the task with inadequate awareness of the risks, resulting in an injury to an employee.
Kingspan Industrial Insulation Limited pleaded guilty of a breach of Section 2(1) of Health and Safety at Work Act 1974.
Kingspan Industrial Insulation Limited was fined £80,000 and ordered to pay costs of £1,988.45.
Company fined after scaffolding collapse
A scaffolding company has been fined for safety failings after scaffolding collapsed on to a street in Maidenhead while it was being dismantled.
On 30 April 2018 a inadequately trained worker was dismantling the scaffold and removing the scaffold ties. Subsequent high winds acted upon the monoflex sheeting, which acted as a “giant sail” and caused the scaffold to topple over into the street.
An HSE investigation found that the underlying cause of the scaffold collapse was a lack of training and adequate instruction.
Formula Scaffolding (London) Limited was found guilty in their absence to breaching Section 3(1) of Health and Safety at Work Act 1974:
Formula Scaffolding (London) Limited was fined £160,000 and ordered to pay costs of £11,533.36.
