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December 2014
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| Congratulations. There are no changes to the legislation or other requirements in your legal register. |
Recent Publications |
HSE This updated ACoP concerns the safe design and use of pressure systems. The content of this document has not significantly changed following the previous edition, but has instead been updated for clarity. Further information is provided on the application of regulations to small pressure vessels in schools. This updated ACoP concerns the use of lifting equipment. The content of the document has been updated to improve its clarity. This updated ACoP concerns persons working in confined spaces, those representing them and the provision of training for this work. The content of the document has not changed significantly since the last edition, although further information is provided on workplace risks and the need to check, examine and test confined space equipment. This ACoP has been updated to address changes to relevant legislation since the last edition. Further text has been added to require that employers have in place, and maintain, systems to contact the emergency services.
Updated Diving at Work ACoPs The HSE has updated its series of ACoPs on diving at work to improve the quality of the guidance provided and their clarity.
Research Report Series The HSE published the following research reports in December 2014:
ECHA Guidance on the Prior Informed Consent Regulation (PIC) (EU) No 649/2012 ECHA has issued its first guidance document for duty holders on the PIC Regulation, which controls the export and import of certain hazardous chemicals. |
Offences |
Firms in court after worker killed in quarry A quarry operator and contractor have been ordered to pay a total of £237,500 in fines and costs after a worker was killed when he became trapped under a large stone crushing machine. The injured party was working for Ward Bros (Plant Hire) Ltd as a mechanical fitter when the incident occurred in February 2009. The incident took place at Divethill Quarry in Northumberland, which is owned by CEMEX UK Materials Ltd. The Court heard how the worker was told there was a problem with the conveyor on a large mobile crushing machine. He went underneath to identify the cause of the problem and while he was there the crusher moved, trapping him. The worker subsequently died from asphyxiation. A HSE investigation found the movement of the machine was caused by a failure of the insulation on an electrical control wire causing a ground fault. This would have been prevented if the machine had been isolated or locked off from its power source before any maintenance. The quarry rules required a permit for the work being undertaken, which would have meant the crusher had to be isolated and signed off by a supervisor or manager. No permit was issued and it was discovered there was no lock off facility on the machine. HSE also established that there was no effective supervision of the work by either company. The investigation also found that the crushing machine was in a poorly maintained condition, some of the workers using the machine were not qualified to operate it, and that safety records for some Ward Bros (Plant Hire) Ltd employees were not up to date. Ward Bros (Plant Hire) Ltd pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974. The company was fined £85,000 and ordered to pay £55,000 in costs. CEMEX UK Materials Ltd pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974. The company was fined £60,000 and ordered to pay £37,500 in costs. The court accepted the breaches CEMEX UK admitted to were not causative of Mr Ward’s death.
Packaging firm in court over worker’s injuries An Ebbw Vale-based packaging company has been has been fined after a delivery driver was hit by a forklift truck at its premises. The Court heard that the injured driver attended Platt Packaging Ltd on 7 October 2013 to collect palleted products for distribution. While his lorry was being loaded the driver was on a telephone call with his employer when he was suddenly struck by a reversing forklift truck and knocked to the ground. He suffered a double fracture to his left ankle, damage to his leg and spent over a month in hospital. He has been unable to return to work. A Health and Safety Executive (HSE) investigation found that Platt Packaging had no formal safe system of work in place for delivery operations. The company also failed to provide instructions for delivery drivers to be in a place of safety while the forklift truck was in use. Platt Packaging Limited was fined a total of £10,000 and ordered to pay £4,663 in costs after pleading guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974.
Recycling giant fined £150k for worker’s death A global metal recycling company has been fined £150k for safety failings after a worker was killed when part of a 33-tonne metal barge he was dismantling collapsed on top of him. The employee sustained catastrophic crush injuries in the incident at European Metal Recycling Ltd’s (EMR’s) Kingsbury depot in Warwickshire on 12 October 2011. The recycling company was jointly sentenced after an investigation by the Health and Safety Executive (HSE) identified serious flaws with the method of work being used to dismantle the barges. Warwickshire Crown Court heard that the worker was working alongside others to cut and dismantle two large steel barges using oxy-acetylene torches. The worker had finished cutting through the outer skin of the barge’s hull and had moved inside the now unsupported structure to cut some supporting braces when the side collapsed in on him. The married father of two died at the scene. EMR failed to do enough to protect the workers, and ensure that burning contractors were competent and working safely. European Metal Recycling Ltd was fined £150,000 and ordered to pay £80,000 in costs after pleading guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974.
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