New publications this month:
HEALTH AND SAFETY EXECUTIVE
UK REACH: Grandfathered registrations notified substances list
A list of substances grandfathered under the UK REACH regime on or before 1 July 2021 has been published. This includes 4042 chemicals.
This list can be used by organisations to identify their obligations and plan for UK REACH compliance. Grandfathering notifications were required to for GB-based businesses that hold EU REACH registrations. This recognises Great Britain based EU REACH registrations that were in place at the end of the transition period on 31 December 2020.
Companies based in Great Britain that were downstream users or distributors of substances under EU REACH are required to submit a Downstream User Import Notification by 27 October 2021. This notification must inform the HSE regarding any substances the organisation intends to continue to import into Great Britain.
Driving and riding safely for work
Updated guidance has been provided, reflecting the increased use of grey fleet by in gig economy work. This addresses legal compliance duties with respect to the use of personal vehicles.
Manual Handling Assessment Chart (MAC) Tool
An updated version of the free MAC tool has been provided online.
COSHH Essentials: Advice on the use of dichloromethane
Advice on the use of dichloromethane paint strippers has been updated.
Dichloromethane competency training scheme: Paint stripper
The use of dichloromethane as a paint stripper is only authorised for competent persons. Information on the HSE’s certificate of competence scheme for this substance has been updated.
Guidance Document on Pesticide Analytical Methods for Risk Assessment and Post-approval Control and Monitoring Purposes (SANTE/2020/12830)
The HSE has adopted this European Commission document, which applies with respect to the registration of plant protection products.
Safety Notice: Lubrication of circuit breakers
This notice concerns the correct use of lubrication on high and low voltage circuit breakers.
OFFICE OF ROAD AND RAIL (ORR)
Train driving licences and certificates
A range of guidance has been published on duties under the Train Driving Licences and Certificates Regulations 2010:
Fire suppression system installer and manufacturer of alcoholic drinks fined after employee crushed by machinery
Fire Protection Group and Chivas Brothers Limited have been fined after an employee was crushed and trapped in a vertical lifting shelf-based storage system.
On 22 February 2017, an engineer employed by Fire Protection Group was undertaking a visual inspection of fire suppression systems at Chivas Brothers Limited’s bottling plant in Kilmalid, Dumbarton. Side panels on the Kardex Remstar Shuttle XP500 machine that act as fixed guards preventing access to dangerous moving parts inside of the machines had been removed. These guards were removed so that the engineer could gain access inside the unit to carry out the inspections. However, only part of the machine was isolated from power sources. When the extractor device of the machine was activated, the engineer was crushed and trapped. The engineer sustained crushing injuries to this right side.
An HSE investigation found that both Fire Protection Group and Chivas Brothers Limited had duties to ensure that there was an appropriate exchange of important health and safety information in advance of, and during, the work activity. They had also failed to ensure that all the systems were isolated before removing the covers.
Breaches
Fire Protection Group pleaded guilty to breaching Section 2(1), 2(2)(a) and (c) of the Health and Safety at Work Act 1974:
Chivas Brothers Limited pleaded guilty to breaching Sections 3(1) and Section 33(1)(a) of the Health and Safety at Work Act 1974:
Penalties
Fire Protection Group was fined £50,000.
Chivas Brothers Limited was fined £50,000.
Fatal explosion leads to major fine for chemical company
Briar Chemicals Ltd has received a major fine after a man died in an explosion at their site in Norwich.
On 27 July 2018, a maintenance contractor was carrying out repair work on a mixing vessel during a planned maintenance shutdown. It is thought that his welding torch or grinder accidentally ignited flammable toluene vapour inside the vessel, which should not have been present when the work began. The man’s son was working alongside his father when he was killed in the blast.
An HSE investigation found that a quantity of toluene residue had been left inside the vessel after shutdown cleaning at the beginning of June 2018. Two damaged valves situated above the vessel in the toluene supply pipe were also found to be leaking. Operatives had been instructed to transfer a large quantity of Toluene from one storage tank to another via this pipe, which allowed additional flammable liquid to leak into the vessel which was supposed to be empty and clean.
Breach
Briar Chemicals Ltd failed pleaded guilty to a breach of Regulation 5 of the Control of Major Accidents Hazards Regulations 2015.
Penalty
Briar Chemicals Ltd was fined £1million and ordered to pay costs of £10,967.20.
Sports nutrition supplier fined after employee lost fingers
Applied Nutrition Ltd has been fined after an employee had three fingers of their right hand severed while cleaning a screw conveyor.
On the 13 September 2019 a production operative was cleaning one of the product transfer screw conveyors. The operative had switched the unit off at the control panel but had not turned it off at the main electricity supplier. After cleaning the screw, the operative went to replace it. However, the power had inadvertently been turned back on and the screw began to operate when it came into contact with the drive motor.
Contact with the moving screw resulted in the operative severing three fingers and part of the palm of the operative’s right hand. The operative remained in hospital for eight days and has since undergone several operations. The injury has significantly changed the man’s life and has impacted on daily tasks and restricted the leisure activities he used to take part in.
An HSE investigation found that the company had no risk assessments or safe systems of work in place. They did not provide staff with adequate training or make them aware of the dangers associated with the machinery being cleaned. Had there been a risk assessment performed by the company regarding the danger associated with cleaning the screw conveyor, an industry standard lock off system at the power supply could have been installed, preventing the incident.
Applied Nutrition Ltd pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974.
Applied Nutrition Ltd was fined £70,000 and ordered to pay costs of £4,551.10.
