DEPARTMENT OF BUSINESS, INNOVATION & SKILLS (BIS)
One-in, two-out: seventh statement of new regulation - January to June 2014
This statement presents changes to legislation planned for the first two quarters of 2014. The programme includes a number of significant changes to health and safety legislation. Changes announced are covered in the respective entries for legislation concerned on your register.
HEALTH AND SAFETY EXECUTIVE (HSE)
Changes to guidance on work at height
The HSE has amended the following guidance documents:
These changes revise the format and content of these documents with the objective of clarifying requirements and responsibilities of persons involved in work at height. The revised guidance provides an increased emphasis on “do and don’t” principles for this work.
Responses to consultation on draft regulations to implement Article 30 of Council Directive 2012/18/EU on the control of major-accident hazards (COMAH)
The HSE has published a summary and analysis of feedback on proposals to classify heavy fuel oil (HFO) as a petroleum product rather than “dangerous for the environment”. This proposal would increase the thresholds at which holders of HFO would be subject to COMAH controls.
These changes are due to be made on 15 February 2014, in advance of the implementation of the Seveso III Directive (2012/18/EU) in June 2015. As the competent authority for COMAH in Great Britain, the HSE, SEPA and Environment Agency issued a guidance document on these changes in January 2014.
Engineering Information Sheet (EIS) 44: Pneumonia vaccination for employees exposed to welding and metal fume
This sheet provides guidance to employers on pneumonia vaccination for employees exposed to welding or metal fume who could be at risk of pneumococcal lobar pneumonia.
Safety Alert: Failure of a foot valve actuator on an LPG road tanker to operate on demand at low temperatures created by a loss of containment
Control of Pesticides Regulations: new approvals in December 2013
Research Reports
These documents present the findings of investigations carried out on behalf of the HSE.
OFFICE OF RAIL REGULATION (ORR)
Certification of entities in charge of maintenance (surveillance assessments)
A 2011 amendment to the Railways and Other Guided Transport Systems (Safety) Regulations 2006 introduced the “entity in charge of maintenance” (ECM). ECMs are responsible for the safe maintenance of vehicles are must be certified. This guidance document details how surveillance assessments are to be undertaken for ECMs to confirm they are still meeting their statutory duties.
EUROPEAN CHEMICALS AGENCY (ECHA)
Seven new substances of very high concern (SVHCs) added to the candidate list
The seven substances below are now included in the REACH candidate list:
Producers and importers of articles containing any of these substances have until 15 June 2013 to notify ECHA if the SVHC is present in articles totalling more than one tonne per year or above a concentration of 0.1% weight in weight.
Guidance in a nutshell
ECHA has published brief guidance documents on duties for downstream users of chemicals under REACH and regarding the compilation of safety data sheets (SDSs).
Authorisation of the use of a SVHC (DEHP) under REACH
Sawmill fined following serious hand injury
A Norfolk-based sawmill has been fined after an employee suffered a severe hand injury. The accident occurred in February 2013, when a 19 year old staff member’s left hand was drawn into an unguarded re-saw blade.
The employee had been clearing sawdust from the re-saw while it was in operation when his glove caught on the machine’s feed rollers. Although the injured employee had been wearing two pairs of gloves at the time, he suffered severe lacerations and required surgery.
A subsequent HSE investigation identified that guarding had been removed from the re-saw’s feed rollers and that all re-saws at the site were routinely operated without these guards. These guards were subsequently replaced by the sawmill.
The sawmill was fined £3,000 with costs of £7,736 after pleading guilty to breaching Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998 (PUWER).
Regulation 11(1) requires that “Every employer shall ensure that measures are taken … which are effective
(a) to prevent access to any dangerous part of machinery or to any rotating stock-bar; or
(b) to stop the movement of any dangerous part of machinery or rotating stock-bar before any part of a person enters a danger zone.”
Re-upholstery firm fined after workers were exposed to asbestos fibres for nearly five years
A Lancashire re-upholstery firm and company director have been fined after exposing up to thirty employees to asbestos fibres for nearly five years.
On occupation of a mill in September 2007 the company established a mezzanine storage area in the eaves of the roof. It would later emerge that the beams and underside of the roof contained asbestos. Employees had been placing foam for furniture into the storage area and subsequently removing it, disturbing asbestos containing materials and releasing fibres into the air.
A HSE inspector identified the issue on attendance of the Rochdale premises in June 2012 for a separate issue. An improvement notice was issued against the company after the inspector identified that company had failed to conduct an asbestos survey, despite concerns raised by employees that asbestos may have been present.
The subsequent survey confirmed the presence of asbestos and the HSE issued a prohibition notice in July 2012, prohibiting access to the building until it had been decontaminated. However this notice was later breached on the date it was served, when a company director and an employee re-entered the premises to remove furniture for delivery to a client.
In court the company and company director pleaded guilty to two breaches of the Health and Safety at Work etc. Act 1974. The company was fined £30,000. The director received a fine of £10,000 after admitting the prohibition notice had deliberately been breached. Section 2(1) of the Act requires that employers ensure, so far as is reasonably practicable, the health, safety and welfare at work of all employees. Under Section 33(1)(g) of the Act it is an offence for a person to contravene an improvement or prohibition notice.
Fines issued to electrical carbon company after the death of non-English speaking lorry driver
A South Wales carbon parts company has been fined after a lorry driver was struck fatally by parts being unloaded from a lorry.
In July 2011 a Turkish national who did not speak English attended the company to make a delivery. The court was told that after being reluctant to open the sides of the curtain-sided lorry, the delivery driver was provided with a hand operated pallet truck. This truck was supplied to move boxes being delivered to the rear of the lorry, where they could be collected by a forklift truck.
During the movement of these boxes, which were stacked four high, a top box became unstable and knocked the driver off of the lorry. As the driver lay on the floor the next box fell onto him and he died at the scene.
An investigation by the HSE identified that safe working procedures were not in place for the receipt and unloading of delivery vehicles and a risk assessment of unloading had not been undertaken. In addition the company did not reportedly have an established means of communicating with drivers who did not speak English.
The company pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974 and Regulation 3 of the Management of Health and Safety at Work Regulations 1999. The company was fined £120,000 for these breaches and ordered to pay a further £16,021 in costs.
Section 3(1) of the Health and Safety at Work etc. Act 1974 imposes a duty on employers to conduct their undertaking in such a way to ensure, so far as is reasonably practicable, that persons not in their employment who may be affected are not exposed to risks to their health and safety.
Regulation 3 of the Management of Health and Safety at Work Regulations 1999 requires that employers make suitable and sufficient assessments of risks their employees are exposed to while at work and risks to the health and safety of persons not in their employment out of or in connection with the conduct by the employer or their undertaking.
