New publications this month:
MINISTRY OF HOUSING, COMMUNITIES AND LOCAL GOVERNMENT
Updated Building Regulations Approved Documents in England
The following approved documents were updated in September 2024:
MARITIME AND COASTGUARD AGENCY (MCA)
The following notes and notices relevant to occupational health and safety were published or updated in September 2024:
Chemicals manufacturer fined after explosion
A solvents manufacturer has been fined following an explosion at its factory in the Scottish Borders.
On 10 January 2020, an explosion occurred, which resulted in the demolition of a laboratory that was part of the factory. The explosion was considered likely to have been caused by excessive pentane vapour, which was generated by the company’s distillation process, overheating and being ignited by the site’s extraction system. No one was injured by the explosion.
An HSE investigation found Rathburn Chemicals had an inadequate system to control the amount of steam and heat being generated during its distillation process. The company also failed to adequately detect any signs of overheating which could lead to flammable vapour being ignited.
Breach
Rathburn Chemicals (Manufacturing) Limited pleaded guilty to breaching Section 2(1) and Section 33(1)(a) to the Health and Safety at Work etc Act 1974:
Penalty
Rathburn Chemicals (Manufacturing) Limited was fined £40,000 and ordered to pay a victim surcharge of £3,000.
Tyre refurbishment company fined after worker was dragged into a machine
An Essex-based company has been fined after a worker sustained significant injuries after being drawn into a machine.
On 19 August 2021, the worker came into contact with the spinning blades of a tyre buffing machine. The machine had been freewheeling to a stop after being used, when he was drawn into it by his t-shirt, which resulted in part of his torso being shredded. The worker required immediate hospital treatment for his injuries and was off work for several months afterwards.
An HSE investigation found that D&D Commercial Services Limited had failed to ensure that the hold-to-run controls were working as they should and that the brake on the bladed rotating rasp was operational. The brake should have stopped the rasp moving immediately on letting go of the controls, but in fact, would continue to freewheel for approximately five minutes before coming to rest.
D&D Commercial Services was prosecuted under Section 2(1) to the Health and Safety at Work etc Act 1974. The company did not enter a plea.
D&D Commercial Services was fined £54,000 and ordered to pay costs of £6,000.
Six-figure fine for food manufacturer that failed to prevent access to dangerous parts of machinery
A North London food manufacturer has been fined for failing to protect workers from dangerous parts of machinery.
The failings were identified by an HSE inspection in October 2023. During the visit to Oriental Delight (UK) Limited, the HSE identified multiple failings related to the guarding of machinery. Three machines were deemed unsafe due to interlocking safety devices being defeated and guards being completely removed.
It wasn’t the first time the food company had come onto HSE’s radar, with prohibition notices being issued in both 2016 and 2019.
Identical guarding failings were again found at the October 2023 inspection, demonstrating that the company had not only failed to sustain improvements, but had effectively ignored HSE’s previous enforcement action by continuing to use these machines in an unsafe manner.
Oriental Delight (UK) Limited pleaded guilty to three breaches of Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998:
Oriental Delight (UK) Limited was fined £150,000 and ordered to pay costs of £3,020.
