New publications this month:
HSE
Preventing exposure to carbon monoxide in commercial kitchens
This guidance concerns the risks of exposure to carbon monoxide gas for workers as well as members of the public. It is aimed at employers who use solid fuel appliances in commercial kitchens.
L5: Personal protective equipment at work: Guidance on Regulations (Third edition)
This guidance has been updated to:
to clarify requirements after the repeal of the Construction (Head Protection) Regulations 1989
detail changes to the provisions applicable on head protection for turban wearing Sikhs following an amendment to the Employment Act 1989
detail changes required due to an amendment to Section 3(2) of the Health and Safety at Work etc Act 1974 relating to self-employed persons
HSG263: Involving your workforce in health and safety: Guidance for all workplaces
This guidance document provides advice on consulting employees on health and safety matters. Further examples of how to comply with the respective legislation have been provided in this amended document and references have been updated where superseded.
PM38: Selection and use of electric handlamps
This updated guidance document provides advice on the use of electric handlamps and on means to control the associated risks.
National Grid fined £2million over failings related to death of schoolboy
National Grid was sentenced on 8th December 2015 after the death of a young boy was found to be in connection with safety failings on their behalf.
On 24 April 2014, a young boy and his two friends were crossing the Leeds and Liverpool Canal using a pipeline running on the outside of Dugdale Bridge at Lowerhouse Lane, Burnley.
As they were crossing, Robbie fell from the pipe and into the canal below. He died later that day.
Preston Crown Court was told by the Health and Safety Executive (HSE) prosecuting that National Grid Gas plc failed to properly protect the exposed pipeline from the risk of injury from falls from the pipeline.
National Grid plc have a procedure for inspecting this type of above ground pipe crossing, and requirements for providing measures to prevent access on to these structures.
These records incorrectly showed the pipe was buried within the bridge rather than exposed on the outside of the bridge, therefore this crossing had not been subject to any inspections and had no access prevention measures fitted.
Breach and penalty
National Grid Gas plc, of The Strand, London, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974 and was fined £2,000,000 with £36,102.90 costs.
Section 3(1) states that it is a duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety.
Background
National Grid Gas plc operates the gas distribution network delivering gas to approximately half of the homes and businesses in the UK through its network of pipes.
Twenty one workers’ lives affected after health was carelessly ignored
A Merthyr Tydfil based manufacturer has been fined after 21 employees were left permanently injured after being diagnosed with hand-arm vibration syndrome (HAVS).
In 2011 Linde Heavy Truck Division Ltd appointed were made aware of the need to put measures in place to manage HAVS. These measures had not been in place before.
Merthyr Tydfil Crown Court heard how the Health and Safety Executive’s (HSE) investigation showed there had been no management of the risks from hand-arm vibration syndrome for a long time.
A total of 21 employees were diagnosed with HAVS and this was reported to HSE under RIDDOR.
Breach and Penalty
Linde Heavy Truck Division Ltd pleaded guilty of breaching Section 2(1) of the Health and Safety at Work etc Act 1974 and was fined £50,000 and was ordered to pay £14,793.60 in costs.
Section 2(1) of the Health and Safety at Work etc Act 1974 states that It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.
Companies sentenced in HSE inspector’s “most horrific case”
Two North West companies have been fined after their actions were found in connection with the death of two workers at a Merseyside woodchip factory.
Mr Elmer, employed at the time by Metso Paper Ltd and Mr Bibby, a self-employed contractor for the same company, had been asked to replace part of conveyor belt at Sonae Industria (UK) Ltd’s Merseyside plant.
While carrying out the work, the men were dragged into the conveyor as it unexpectedly started to operate. This caused catastrophic fatal injuries.
The Health and Safety Executive (HSE) found multiple failings by both companies to properly assess the risks associated with the work James and Thomas were carrying out.
Sonae Industria (UK) Ltd’s many failings included
not properly assessing the risks associated with the work on the conveyor or sharing these with contractors,
not having in place a proper process for managing contractors or a procedure for isolating dangerous machinery, and
failing to train or check the competence of workers.
Valmet Ltd (Valmet Ltd took over Metso Ltd in 2013) was prosecuted for failing to ensure the site its workers were visiting had sufficient risk assessments and processes in place. It also failed to ensure its workers and contractors had adequate training for the tasks to be carried out.
Sonae Industria (UK) Ltd was fined £220,000, with costs of £107,000, after pleading guilty to breaching Section 3 of the Health and Safety at Work etc Act 1974.
Valmet Ltd was fined £190,000, with costs of £107,000, after pleading guilty to breaching Sections 2 and 3 of the Health and Safety at Work etc Act 1974.
Section 2 of the Health and Safety at Work etc Act 1974 states that It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.
Section 3 states that it shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety.
