Regulator’s Code
The Legislative and Regulatory Reform Code of Practice (Appointed Day) Order 2014 brings the 'Regulator's Code' into force. Regulators specified must conduct their duties in accordance with this code.
This code applies to the majority of non-economic regulators in England and Wales, including the HSE and UK local authorities. A full list of regulators and their functions subject to the code is provided in an accompanying document online.
This Order came into force on 6 April 2014.
HEALTH AND SAFETY EXECUTIVE (HSE)
Safety in docks: Approved Code of Practice (L148)
The Docks Regulations 1988 were revoked by the Health and Safety (Miscellaneous Revocations and Amendments) Regulations 2013 on 7 April 2014. The COP25 (Safety in docks) document was also withdrawn on this date.
The L148 ACoP provides guidance for persons undertaking operations in docks on their duties under the Health and Safety at Work etc. Act 1974 and other relevant health and safety legislation.
Legionnaires’ Disease: Technical Guidance
The HSE has revised part two of their technical guidance (HSG274) to the L8 ACoP on the control of legionnaires’ disease risk.
This document provides guidance on the various types of hot and cold water systems and their operation. Technical guidance is given on the inspection, treatment, monitoring and control of systems against Legionella colony formation.
Leaflet 20: REACH - Restrictions
This leaflet provides guidance on restrictions under the REACH Regulation. This leaflet summarises the restriction regime, gives examples of existing restrictions and covers how substances may become restricted in the future.
Research Report 1003: Further development of the Variable MAC (VMAC) tool
This report concerns the development of the HSE’s manual handling assessment charts (MAC) to cover operations in picking warehouses. The VMAC tool has been developed to address operations that involve lifting tasks involving variable frequencies and loads; the standard MAC tool is unsuitable for this purpose.
OFFICE OF RAIL REGULATION (ORR)
Occupational Health Programme 2014-19
This occupational health programme sets ORR’s priorities for reducing work-related ill health in the rail industry. The programme details methodologies by which these priorities will be achieved in the next five years. The programme scope covers the effect of work on health, fitness to work and general well-being of the workforce.
Fines for non-destructive testing firm after employee suffers radiation burns
A company in the north east has been fined after an employee suffered severe burns from an x-ray unit.
The injured employee was working on x-ray equipment in a radiation bay when a separate group was asked to test safety equipment installed. The group testing the equipment turned off safety access controls and warning alarms.
Employees testing the equipment activated it while the injured employee remained in the radiation bay. The x-ray became energised and caused severe tissue damage to three fingers on his right hand. In addition, the injured employee’s radiation exposure exceeded the maximum annual dose permitted by law.
Although the HSE identified that employees had not used the x-ray to test safety equipment beforehand, no procedures were in place to conduct tests safely.
In court the company was fined £30,000 and ordered to pay £4,930 in costs after pleading guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. Although no separate penalty was applied, the company also admitted breaching Regulation 11(1) of the Ionising Radiations Regulations 1999.
Sweet manufacturer fined after forklift pierces worker’s foot
A sweet manufacturer in the north west has been fined after a fork on a forklift truck pierced an employee’s foot. Injuries arising from the incident were so severe the employee can now only walk short distances with the use of a stick.
The accident occurred when the employee was driving a ride-on pallet truck in a warehouse. As a result of the limited space available, the truck was manoeuvred close to an entrance. This entrance was fitted with opaque plastic strip curtains to keep out insects and birds, but these obscured the visibility of workers entering the building. Unable to see the employee on the pallet truck, a forklift truck operator drove through the curtains and the two collided.
The injured employee was taken to hospital, where nine days were spent saving his foot.
An investigation by the HSE identified that the warehouse was overcrowded; pallets had been relocated to the building while two other warehouses were being maintained. The HSE identified that overcrowding was restricting space available to drivers and increased the flow of traffic.
The HSE identified that the injured employee had been involved in a collision a few weeks before the accident and that a similar collision had taken place shortly beforehand.
The company subsequently removed the plastic strip curtains and revised systems for vehicle and pedestrian movements around the site.
The sweet manufacturer was fined £120,000 and ordered to pay £9,538 in costs after pleading guilty to breaching the Workplace (Health, Safety and Welfare) Regulations 1992.
Fines for tile manufacturer following employee exposure to lead
A Welsh ceramic tile manufacturer has been fined after nine workers at their factory had lead levels in their blood in excess of statutory limits.
A routine inspection by the HSE in February 2012 raised concerns regarding the control of lead at the premises.
Blood tests were carried out for nine workers following the inspection. Samples from three women were at or above the suspension limit. The law requires that once this limit has been reached, employees are withdrawn from working with lead until the concentration of lead in their blood has decreased adequately. A further five women and one man working at the site were found to be above the action level. At the action level, the employer is required to investigate why this is happening and review the control measures implemented against lead exposure.
The HSE identified that the manufacturer had failed to control worker exposure to lead and had not carried out an adequate risk assessment for the work. Workers had not received sufficient information and training and workplace lead exposure monitoring and health surveillance were not being undertaken.
The company pleaded guilty to five breaches of the Control of Lead at Work Regulations 2002. The company was fined a total of £353,000 and ordered to pay costs of £23,271.
