New publications this month:

DEPARTMENT FOR ENVIRONMENT, FOOD AND RURAL AFFAIRS (DEFRA)

Deadline for UK REACH to be extended

DEFRA has announced that alternative arrangements for transitional registrations of chemicals under UK REACH. A consultation will take place in 2022 on the extension of deadlines for full registration data. This consultation is also planned to review whether there are opportunities for industry to reduce the need to replicate existing EU REACH data, emphasising how chemicals are use in Great Britain.

A letter from the Secretary of State for Environment, Food and Rural Affairs stated that the registration deadline is planned to be extended by two years from 27 October 2023 to 27 October 2025.

HEALTH AND SAFETY EXECUTIVE

Health and Safety Summary Statistics 2021

The HSE has published a summary of health and safety statistics for 2020/21 in Great Britain.

Ventilation during the coronavirus (COVID-19) pandemic

This guidance was updated in December 2021.

OFFICE OF RAIL AND ROAD

Train driving licences and certificates

Guidance has been issued on duties under the Train Driving Licences and Certificates Regulations 2010.

Fines for quarry operator after workers were put at risk by a blasting operation

Breedon Trading Ltd has been fined for safety breaches after a fly rock projection event occurred during the use of explosives.

On 15 January 2020 a blast at Cwt-y-Bugail Quarry in Llan Ffestiniog, North Wales, resulted in rocks being ejected outside of the danger zone. A quarry operative was required to run to cover and other employees were placed at risk. The fly rock landed approximately 270m away, punctured the roof of an occupied work shed, and put a hole in the outside pane of the occupied manager’s office skylight window.

It was the reasonability of the company to ensure that the blasting did not give rise to danger by:

• Increasing the danger zone;
• Clearing the increased danger zone;
• Increasing the quality and quantity of stemming for the explosives in the blastholes; and
• Ensuring an adequate blasting specification was produced and authorised.

The HSE found that there were poor stemming practices, the written specification was prepared after the firing of the blast and an inadequate danger zone was in place.

Breach

Breedon Trading Ltd pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974 by virtue of Regulation 25 of the Quarries Regulations 1999.

• Section 2(1) requires employers to ensure, so far as is reasonably practicable, the health, safety and welfare at work of their employees.
• Regulation 25 places a range of duties on quarry operators, including on the storage, transport and use of explosives.

Penalty

Breedon Trading Ltd was fined £300,000 and ordered to pay £2,534.80 in costs.

Plastics manufacturer fined after employee’s arm was pulled into rollers of slitter machine.

A self-adhesive vinyl and other coated plastic films manufacturer has been fined after an employee’s hand became caught between two driven rollers and was pulled into the machine.

An employee was attempting to clean glue off a roller within the slitter machine, when his hand became caught within the mechanism of the machine. This resulted in the employee suffering from a broken ulna, radius and elbow. As a result of the incident the employee underwent surgery to have his arm pinned and plated.

At the time of the incident the machine had no guards in place where there was access to dangerous parts of the machine including the driven rollers whilst it was running.

The risk assessment in place failed to identify the dangerous parts of the machine and the control measures required to prevent access to, or stop the movement of, those dangerous parts before a person could enter the danger zone.

Breach

Kay Premium Marking Films Limited pleaded guilty to breaching Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998 by virtue of Regulation 3(1) of the Management of Health and Safety at Work Regulations 1999:

• Regulation 11(1) requires employers to ensure that all measures are taken to prevent access and stop movement of any dangerous part of machinery / any rotating stock-bar before any part of a person enters a danger zone.
• Regulation 3(1) requires every employer to make a suitable and sufficient assessment of the health and safety risks to employees at work and persons other than employees as a result of the undertaking’s activities.

Penalty

Kay Premium Marking Films Limited was fined £66,000 and ordered to pay £9,998.40 in costs.

Council prosecuted after member of the public killed by falling tree

Staffordshire County Council has been prosecuted for failing to inspect and maintain trees on a public footpath, following the death of a member of the public.

On 3 October 2019 a man walking his dog on the Isabel Trail in Stafford was struck and killed by part of a falling oak tree. The tree had defects from which it was foreseeable that it was likely to fall and cause injury. The tree was within the boundaries of the Isabel Trail.

Local authorities, including Staffordshire County Council, are legally required to suitably and sufficiently manage the risks and hazards posed by the trees within their responsibility remit.  Staffordshire County Council had a programme of proactive inspection and maintenance across the county, but the Isabel Trail had been missed out for many years.

Breach

Staffordshire County Council pleaded guilty to breaching Section 3(1) of Health and Safety at Work Act 1974:

• Section 3(1) requires that employers ensure, so far as is reasonably practicable, that persons they do not employ who may be affected are not exposed to risks to their health and safety.

Penalty

Staffordshire County Council was fined £300,000 and ordered to pay £13,164.90 in costs as well as a victim surcharge of £181.