New publications this month:

HEALTH AND SAFETY EXECUTIVE (HSE)

HSG168: Fire Safety in Construction

A third edition of this guidance was published in October 2022. Further guidance is provided on eliminating or reducing fire risks at the pre-construction stage, as required under the Construction (Design and Management) Regulations 2015.

HSG201: Controlling exposure to stone dust

A second edition of this guidance was published in October 2022. Guidance is given on preventing exposure to these dusts and in turn controlling occupational lung disease risks.

DEPARTMENT FOR LEVELLING UP, HOUSING AND COMMUNITIES

What are my building owner’s legal obligations?

This guidance, which is targeted towards leasehold property owners, now includes a section on the legal duties of right-to-manage companies, resident management companies and managing agents. This guidance supports the Building Safety Act 2022.

WASTE INDUSTRY SAFETY AND HEALTH FORUM (WISH)

A series of machinery safety information documents have been published for the waste management industry. The HSE provided support to WISH in producing this guidance.

• Practical guidance on secure isolation (‘lock-off’) for recycling and recovery machinery
• Principles of machinery safety: Recycling and recovery plant
• Machinery safety information: Horizontal plane balers
• Machinery safety information: Trommel screens
• Machinery safety information: Belt conveyors

MARITIME AND COASTGUARD AGENCY (MCA)

The following safety-related notices were published or updated during October 2022;

• MGN 349 (M+F) Amendment 1 Navigation safety: carriage and use of radar reflectors on small vessels
• MSN 1877 (M) Amendment 2 MLC 2006 - hours of work and entitlement to leave, application of the hours of work regulations 2018
• MGN 578 (M) amendment 1 use of overside working systems on commercial yachts, small commercial vessels and loadline vessels
• MGN 539 (M) Amendment 1 carriage of the code of safe working practices for merchant seafarers (COSWP)
• Domestic Safety Management code: Instructions for surveyors (MSIS29)

WELSH GOVERNMENT

Updated Building Regulations Approved Documents

The following approved documents and guidance were published in October 2022, which come into force on 23 November 2022, unless otherwise stated

• Approved Document O: Overheating
• Approved Document F: Ventilation. Volume 1 – Dwellings
• Approved Document F: Ventilation. Volume 2 – Buildings other than dwellings
• Building Regulations guidance: Part F (Ventilation)
• Approved document L: Conservation of fuel and power. Volume 1 - dwellings
• Approved document L: Conservation of fuel and power. Volume 2 – Buildings other than dwellings (comes into force 29 March 2023)

Furniture retailer fined for not holding adequate insurance

A furniture retailer in Bedfordshire has been fined for not having current insurance.

An HSE investigation of Exclusive Oriental Classics Ltd was carried out after one of the company’s employees was injured at work on 1 March 2022. The HSE found that the company did not hold employers’ liability (compulsory) insurance.

The company and its Director were found to have failed to renew the insurance policy that expired on 13 May 2021.

Breaches

Exclusive Oriental Classics Ltd and the Director pleaded guilty to breaching Section 1(1) of the Employers’ Liability (Compulsory) Insurance Act 1969:

• Section 1(1) requires every employer carrying on any business in Great Britain to insure and maintain approved insurance against liability for bodily injury or disease sustained by his employees and arising out of and in the course of their employment in Great Britain in that business, but except in so far as regulations otherwise provide not including injury or disease suffered or contracted outside Great Britain.

Penalty

Exclusive Oriental Classics Ltd was fined £1,650, with a victim surcharge of £165 and costs of £1750.

The Director was fined £1,650, with a victim surcharge of £165 and costs of £1750.

Company fined after releasing a cloud of chlorine gas into their premises

A chemicals company has been fined after releasing a cloud of toxic chlorine gas that spread through its factory, yard and surrounding area. This release resulted in staff needing hospital treatment and significant damage to the factory.

On 12 June 2019, GEA Farm Technologies (UK) Ltd mistakenly mixed an Intermediate Bulk Container (IBC) containing approximately 700 kg of concentrated sulphuric acid into a mixing vessel which already contained 1,600 litres of sodium hypochlorite solution. This led to the chemicals reacting, releasing a large cloud of toxic chlorine gas.

CCTV footage showed the chlorine gas as it permeated the factory and surrounding area.  There was no clear evacuation plan for workers caught on site, with several taken to hospital with breathing difficulties. Fortunately no one suffered long-term effects from exposure.

An HSE investigation found the incident occurred because a dedicated mixing plant had not been brought back into service after maintenance, and the company had failed to introduce effective records management for the temporary manual system.

Breach

GEA Farm Technologies (UK) Ltd 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

GEA Farm Technologies (UK) Ltd was fined £40,000 and ordered to pay costs of £22,000.

Company fined after worker fell from height through petrol station canopy

An engineering company has been fined after a worker fractured his pelvis and suffered internal injuries after falling through a petrol station forecourt canopy.

On 5 December 2019, the employee of G Nicholson (Engineers) Limited was replacing guttering at the top of the canopy on the company’s petrol station in Washington, Tyne and Wear. As the employee was removing corrugated metal sheets to access sections of the guttering below, he was knocked off balance when a gust of wind caught the sheet. This caused the employee to fall approximately four metres through a fragile section of the canopy onto concrete below.

An HSE investigation found that a risk assessment should have been carried out and had a method statement been produced, this would have identified the need for effective control measures to prevent employees falling from the edge of the canopy or through the exposed fragile roof surface.

Breach

G Nicholson (Engineers) Limited pleaded guilty to breaching Regulation 4(1) of the Work at Height Regulations 2005:

• Regulation 4(1) requires employers to ensure work at height is properly planned, appropriately supervised and carried out in a manner which is so far as is reasonably practicable safe. Regulation 4(1) also requires that work equipment is chosen in accordance with Regulation 7 (Selection of work equipment for work at height).

Penalty

G Nicholson (Engineers) Limited was fined £20,000, with £7,825 costs and a victim surcharge of £190.