New publications this month:

HEALTH AND SAFETY EXECUTIVE (HSE)

EH40: Third Edition

The EH40 document contains workplace exposure limits for substances. This document has been updated to reflect new or amended indicative occupational exposure limit values (IOLEVs) applicable to 31 substances from 21 August 2018.

The IOELVs apply under Directive (EU) 2017/164. Substances subject to new or revised IOELVs include:

• Manganese and inorganic manganese compounds;
• nitrogen monoxide;
• carbon monoxide;
• lithium hydride;
• sulphur dioxide;
• tetrachloroethylene;
• bisphenol A; and
• acetic acid

HSG283: Managing Infection Risks When Handling the Deceased

This guidance document consolidates and updates two documents: Controlling the Risks of Infection at Work from Human Remains and Safe Working And The Prevention Of Infection In The Mortuary And Post-Mortem Room.

MARITIME & COASTGUARD AGENCY

MGN 591: Safe means of access of fishing vessels and small vessels in ports

This Marine Guidance Note (MGN) concerns measures to provide safe access to fishing vessels and small vessels within ports.

MGN 592: Mooring, towing or hauling equipment on all vessels

This MGN concerns the safe installation and operation of equipment for mooring, towing or hauling.

MGN 593: Health and safety chemical agents regulations 2010 amended

This MGN has been updated to reflect new or amended indicative occupational exposure limit values applicable to 31 substances from 21 August 2018.

Bus driver sentenced for injuring five passengers

Van Chuyen Le, A Cambridgeshire bus driver, has been sentenced after passengers were injured when he lost control of the vehicle.

On 22 February 2016 the driver lost control of the bus when he was negotiating a gap in a guided section of a track. The bus mounted the track, travelled across an adjacent path and came to rest on the side of a grassy embankment. The incident resulting in injuries to five passengers, including a fractured spine, pelvis, ribs and whiplash.

A subsequent HSE investigation identified that the driver was reading a time duty card while driving and had no vision of the busway and did not have a grip on the steering wheel. The investigation also identified that the bus was being driven at 52mph, above the recommended speed in the area of 30mph.

Breach

Van Chuyen Le pleaded guilty to breaching Section 7 of the Health and Safety at Work etc. Act 1974.

• Section 7 imposes general duties of employees while at work.

Penalty

Van Chuyen Le was sentenced to 12 weeks imprisonment and ordered to pay costs of £2,000.

Fines after worker injured by falling roof panel

Siemens Industrial Turbomachinery Limited and E.On UK Plc. have been fined after a roof panel fell on a worker undertaking maintenance work on a turbine at a biomass power station.

On 11 March 2013 an overhead travelling crane was being used to lift acoustic panels from the turbine enclosure, including some from its roof. During this operation a roof panel fell from the top of the enclosure onto the head of a Siemens Industrial Turbomachinery Limited employee. The employee suffered neck and spine injuries.

An investigation by the HSE found that the lifting operation had not been properly planned, appropriately supervised or conducted safely. Additionally, safe access to the enclosure had not been provided to workers. Workers had also not been provided with information regarding the enclosure structure.

Breaches

Siemens Industrial Turbomachinery Limited pleaded guilty to breaching Regulation 8 of the Lifting Operation and Lifting Equipment Regulations 1998.

E.On UK PLC pleaded guilty to breaching Section 3 of the Health and Safety at Work Act 1974.

• Regulation 8 of the Lifting Operation and Lifting Equipment Regulations 1998 requires that every lifting operation involving lifting equipment is properly planned by a competent person, appropriately supervised and carried out in a safe manner.
• Section 3 of the Health and Safety at Work Act 1974 applies duties on employers and the self-employed with respect to persons other than their employees.

Penalties

Siemens Industrial Turbomachinery Limited was fined £12,000.

E.On UK PLC was fined £10,000.

Company fined following asbestos exposure during maintenance work

A wood processing company has been fined in relation to unsafe work involving asbestos containing materials at its premises in Bosley, near Macclesfield.

Following an explosion in 20 October 2016 at the Bosley site, the HSE directed Wood Treatment Ltd to fit new explosion relief panels to an asbestos cement-clad warehouse.

The HSE later inspected the site to assess prorgress and identified that asbestos cement panels of the warehouse had been removed, cut to shape with power tools and replaced in breach of the Control of Asbestos Regulations 2012.

An investigation by the HSE identified that although an external company was contracted to fit the explosion relief panels, they did not work on the asbestos containing materials. Instead, employees of Wood Treatment Limited had removed the cladding. Following installation of the panels, some remedial work was needed to repair holes left over. The old asbestos sheets were cut to size and refitted.

Although Wood Treatment Limited was fully aware that asbestos was present and had an asbestos survey and action plan, this information was not shared with the company’s employees. Adequate measures were not put in place to control risks associated with the work.

Breach

Wood Treatment Ltd pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974.

• Section 2 (1) of the Health and Safety at Work etc. Act 1974 requires that every employer ensures, so far as is reasonably practicable, the health, safety and welfare at work of all employees.

Penalty

Wood Treatment Ltd was fined £2,000 and ordered to pay costs of £3,000 with a victim surcharge of £170.