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February 2022
Congratulations. There are no changes to the legislation or other requirements in your legal register.
 
Recent Publications

New publications this month:

HEALTH AND SAFETY EXECUTIVE (HSE)

Maintenance of industrial uninterruptible power supply (UPS) systems

This safety bulletin is directed toward operators, designers, manufacturers, importers, suppliers and contractors maintaining UPS systems.

 

 

SCOTTISH GOVERNMENT

Fire and smoke alarms: changes to the law

This guidance covers the requirement for all homes in Scotland to have satisfactory equipment for detecting and giving warning of fires, which have applied since 1 February 2022 under the Housing (Scotland) Act 1987 (Tolerable Standard) (Extension of Criteria) Order 2019.

 

Updated Fire Safety Guidance

The following guidance documents consolidate and supersede a range of prior fire safety guidance:

  • Fire safety - existing premises with sleeping accommodation: practical guidance
  • Fire safety - existing high rise domestic buildings: practical guidance
  • Fire safety - existing specialised housing and similar premises: practical guidance
  • Fire safety - existing non-residential premises: practical guidance
  • Fire safety - existing care homes: practical guidance

 

 

OFFICE OF RAIL AND ROAD (ORR)

Risk Management Maturity Model (RM3)

This document states criteria the ORR apply when assessing the ability to achieve excellence when controlling health and safety risks.

 

Guide to the Railways and Other Guided Transport Systems (Safety) Regulations 2006 (ROGS)

This guidance document has been updated, reflecting current approaches to railway safety and applicable legislation.

 

 

MARITIME AND COASTGUARD AGENCY

MGN 669 (M+F) Health and safety asbestos regulations

This information is provided on the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Asbestos) Regulations 2010, as amended.

This notice replaces MGN 429 (M+F) and MGN 493 (M+F).

 

MGN 35 (M+F) Accidents when using power operated watertight doors

This MGN provides guidance on the use of power operated watertight doors.

This MGN replaces MGN 35 (M+F)

 

MGN 626 (F) Amendment 1 International labour organization work in fishing convention (ILO 188) safe manning

This amendment provides updated contact details for safe manning applications.

 

MIN 593 (F) Amendment 1 Vessel modifications - pre-approval by MCA

This amendment reminds designers, builders, owners and skippers of fishing vessels that modifications to vessels must be approved by the MCA prior to work taking place.

 

 

HEALTH AND SAFETY EXECUTIVE NORTHERN IRELAND (HSENI)

Using Tractors Safely: A Step-by-Step Safety Guide

This document provides guidance on the use of tractors.

 

 

EUROPEAN CHEMICALS AGENCY (ECHA): EU AND NORTHERN IRELAND

Proposal to ban ‘forever chemicals’ in firefighting foams throughout the EU

ECHA has proposed a EU-wide restriction on all per- and polyfluoroalkyl substances (PFASs) in firefighting foams.

 
Offences

Farmer sentenced after walker killed by cattle

A farmer has received a suspended sentence and been fined after an 83-year-old man was fatally attacked by cattle.

On 30 May 2020 the man and his wife were using a public right of way running from the farm in Carnforth when they were attacked by cattle.

The cattle were grazing in the field with calves at foot. The 83-year-old man was trampled and pronounced dead at the scene and his wife sustained serious injuries.

An HSE inspector said: “A number of measures could have been taken to safeguard walkers using the path, while cattle and calves were grazing in that field.”

Breach

The farmer pleaded guilty to breaching Section 3(2) of the Health & Safety at Work etc Act 1974:

  • Section 3(2) requires every self-employed person to ensure, as far as reasonably practicable, that themselves and other persons (not being their employees) who may be affected, are not exposed to risks to their health or safety.

Penalty

The farmer received a prison sentence of 12 weeks, suspended for 12 months, and was fined a total of £878 and was ordered to pay £7820.30 in costs.

 

 

Company fined after fatality

A structural engineering and bridge building company has been fined after an electrician fell to their death at their premises.

On 25 October 2016, an electrician was repairing wiring that had been causing a short circuit on lifting equipment of a large overhead gantry crane. When the electrician was using the cranes walkway, an access panel gave way beneath him causing him to fall approximately eight metres to the ground. The electrician sustained fatal injuries and was pronounced dead at hospital.

An HSE investigation found the company had failed to maintain the crane walkway’s access panels. The panel had been subject to a weld repair, but there was no evidence of any steps being taken to ensure that the panel was safely replaced into the void and secured to ensure it did not fail.

Breach

Cleveland Bridge UK Ltd was found guilty of breaching Section 2(1) and Section 3(1) of the Health & Safety at Work etc Act 1974, Regulation 5(1) of the Provision and Use of Work Equipment Regulations 1998 and Regulation 8(b)(i) of the  Work at Height Regulations 2005

  • Section 2(1) requires every employer to ensure, as far as reasonably practicable, the health, safety, and welfare at work of all their employees.
  • Section 3(1) makes it the duty of every employer to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected are not exposed to risks to their health or safety.
  • Regulation 5(1) of the Provision and Use of Work Equipment Regulations 1998 requires every employer to ensure that work equipment is maintained in an efficient state, in efficient working order and in good repair.
  • Regulation 8(b)(i) of the  Work at Height Regulations 2005  requires every employer must ensure a working platform is compliant with the requirements of Part 1 to Schedule 3.

Penalty

Cleveland Bridge UK Ltd was fined £1.5M and ordered to pay costs of £29,239.

 

School prosecuted after mountain rescue team was required to rescue children

A Gateshead school has been fined after a group of school children became stranded on Helvellyn in the Lake District and had to be rescued by Keswick Mountain Rescue Team (KMRT).

On 5 March 2020,the group of 13 Year 10 pupils from The Gateshead Cheder were on an organised trip led by one teacher and a teaching assistant. Weather conditions on the day were cold and icy. Despite reviewing the Lake District Weatherline Report, which stressed the dangers to those ascending above the snow line, the school decided the trip should still go ahead as planned.

Despite the winter conditions, many of the school children did not have suitable equipment. Several were wearing school shoes and school trousers while others were wearing trainers.

In winter conditions it is essential that hikers wear full winter clothing, including mountain boots, and that those venturing above the snowline carry appropriate equipment including ice axes and crampons.

The adults leading the trip had no formal qualifications in mountain leadership or any experience of mountain environments in winter conditions. The party had a map but relied on a smartphone app as a compass.

During their ascent, at least two members of the public warned the Gateshead Cheder party to turn back, but the group continued their ascent to the summit. During the descent, they inadvertently ventured off the path into further danger. During this decent a pupil slide on the ice and fell several metres sustaining minor cuts. By this time, it had begun to get dark, and the temperature was dropping.

The party were eventually located and rescued by KMRT, who cut steps into the snow to assist the party back to the path and down the mountain.

Breach

The school pleaded guilty to breaching Section 2(1) and Section 3(1) of the Health & Safety at Work etc Act 1974.

Penalty

The school was fined £30,000 and ordered to pay a victim surcharge of £181 and costs of £4,574.90.

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