New publications this month:

DEPARTMENT FOR BUSINESS, ENERGY AND INDUSTRIAL STRATEGY (BEIS)

BEIS: Businesses to be given UK product marking flexibility

CE product marking and declarations of conformity will continue to be recognised in Great Britain until 31 December 2024. Recognition of CE marking was previously due to end on 31 December 2022. As a result, CE marked items may continue to be placed on the Great British market until 1 January 2025.

Conformity assessments undertaken for the purpose of CE marking on or before 31 December 2024 will also be recognised for use in UKCA marking until 31 December 2027. Organisations may also affix UKCA conformity labels on products or on accompanying documents as an alternative to marking the product itself until 31 December 2027.

UK Conformity Assessment (UKCA) certification and marking may be used as an alternative to CE marking, which has been an option since 1 January 2021.

DEPARTMENT FOR ENVIRONMENT, FOOD AND RURAL AFFAIRS (DEFRA)

UK REACH: extending submission deadlines for transitional registrations: Consultation response

Defra has confirmed that registration submission deadlines under UK REACH for chemicals previously registered under EU REACH will be extended by three-years. These will apply as follows:

These changes will be implemented by forthcoming legislation.

HEALTH AND SAFETY EXECUTIVE (HSE)

Support disabled workers and workers with long-term health conditions in work

This new guidance describes best practices in supporting disabled workers and persons with long-term health conditions.

Research report RR1182 - Hand-arm vibration and noise emissions of battery powered tools compared with equivalent traditionally powered tools

This report examines whether vibration and noise levels differ between battery powered and equivalent traditionally powered tools. A common trend was not identified.

DEPARTMENT FOR LEVELLING UP, HOUSING AND COMMUNITIES

Pilot launch of the Medium-Rise Scheme (MRS)

Details are provided of this pilot scheme for medium-rise buildings (between 11 and 18m). This will provide funding for the remediation or mitigation of fire safety risks linked to unsafe external wall systems on these buildings where a responsible developer cannot be identified.

A supporting guidance document provides instructions on applying for grants under the scheme.

MARITIME AND COASTGUARD AGENCY (MCA)

The following marine notes and notices were published or amended during November 2022:

• MSN 1848 (M) Amendment 4 maritime labour convention 2006 survey and certification of UK ships
• MSN 1846 (M) MLC 2006 food and catering ship's cooks and catering staff
• MIN 524 Engineer officer small vessel Certificate of Competency
• MGN 372 Amendment 1 (M+F) Guidance to mariners operating in vicinity of UK OREIs
• MGN 90 (M+F) Manual handling operations regulations 1998

Plant hire company fined after a member of public suffered crush injuries

A Cambridgeshire plant hire company has been fined after a member of the public was crushed at its site.

On 30 January 2020, an FDS (Cambridge) Ltd employee was moving and processing a stockpile of concrete and brick rubble using an excavator at the company’s site in Little Thetford, Ely, Cambridgeshire. A member of the public then came onto the site in a vehicle. When the member of the public was removing building waste from their trailer, they became trapped against it by the reversing excavator. The injured party sustained multiple fractures to both of their legs.

An HSE investigation found that members of the public should not have been able to get onto the site unchallenged. Additionally, they should not have been permitted to park near an operating machine that the company should have either barriered off or put suitable arrangements in place to ensure it ceased operating whilst people were in the vicinity.

Breach

FDS (Cambridge) Ltd pleaded guilty to contravening Section 3(1) of Health and Safety at Work Act 1974:

• Section 3(1) requires that employers ensure, so far as is reasonably practicable, that persons they do not employ who may be affected are not exposed to risks to their health and safety.

Penalty

FDS (Cambridge) Ltd was fined £18,000 and ordered to pay £9,354.58 in costs.

Logistics company receives penalty for work exposing staff to asbestos

A national logistics company has been fined after work at one of its sites exposed employees to asbestos.

During excavation work at the company’s rail and container freight port in in Widnes in early 2018, asbestos containing materials (ACMs) were disturbed, putting staff at risk. The work was undertaken as an area of the site was earmarked for the storage of empty containers. As the ground had become damaged by the heavy lift loaders used to move containers, it was decided to scrape away the top layer to reach an older, more level surface below.

This excavation work took place over several months and the remnants of old buildings containing asbestos were present in the surface material. Underground basement cavities were also found and excavated and then backfilled with rubble. Several workers complained about the dust created by these processes and what the dust may have contained.

An HSE investigation found an asbestos survey had not been carried out, the workers involved hadn’t received any training in relation to asbestos and the employer had failed to report the incident correctly. A risk assessment had not been carried out nor were suitable control measures put in place to prevent or reduce exposure to asbestos or prevent the spread of asbestos containing materials from the site.

It was several months after the work had been completed that testing was carried out. The subsequent survey identified ACMs in the mounds of spoil, as well as scattered around the footprint where the work had taken place.

The company failed to report the incident under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) within the required 10-day timeframe.

Breaches

Eddie Stobart Ltd pleaded guilty to breaching Regulation 5 and Regulation 11(1) of the Control of Asbestos Regulations 2012:

• Regulation 5 requires that employers do not undertake work in demolition, maintenance or other work which exposes or is liable to expose employees of the employer to asbestos unless a suitable and sufficient assessment has been undertaken of whether asbestos (and the type of asbestos) is present and its condition, or if there is any doubt as to whether asbestos is present the presence of asbestos is assumed.
• Regulation 11(1) requires every employer to prevent employees from being exposed to asbestos so far as is reasonably practicable and where it is not reasonably practicable to prevent such exposure, measures necessary are taken to reduce exposure to the lowest level reasonably practicable and that the number of employees exposed at any one time is as low as reasonably practicable.

Penalty

Eddie Stobart Ltd was fined £133,000 and ordered to pay costs of £9,260 on 4 November 2022.

Welsh health board fined after Hand Arm Vibration Syndrome (HAVS) diagnoses

A health board has been fined after three employees were diagnosed with Hand Arm Vibration Syndrome (HAVS).

Powys Teaching Health Board required its employees to routinely operate handheld power tools such as lawn mowers, strimmers and hedge cutters. An assessment of the risks from exposure to vibration had not been undertaken, however. The health board did not undertake any monitoring or any estimate of exposure to vibration, even though employees, particularly during the summer months, operated handheld power tools for several hours a day.

The lack of monitoring, assessment, training and health surveillance allowed employees to operate handheld power tools for a significant period, in some cases several decades, without having the necessary measures in place to reduce the risk.  This led to three employees being diagnosed with HAVS.

An HSE investigation found the health board had failed to properly assess levels of employee vibration exposure and that information, instruction and training given was limited. The HSE also found that the health board had ignored requests from its own occupational health department to conduct a risk assessment.

Breach

Powys Teaching Health Board pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974:

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

Penalty

Powys Teaching Health Board was fined £160,000 and ordered to pay costs of £5,599.