New publications this month:

HEALTH AND SAFETY EXECUTIVE (HSE)

Safety Bulletin: Exposure to diacetyl vapour in food and drink manufacture

This bulletin concerns risks posed by diacetyl vapour and provides guidance on action to be taken.

HOME OFFICE

Fire Safety (England) Regulations 2022: fire door guidance

Guidance and a supporting checklist have been provided on the inspection of fire doors, supporting the delivery of obligations under the Fire Safety (England) Regulations 2023, which came into force on 23 January 2023.

DEPARTMENT FOR ENVIRONMENT, FOOD AND RURAL AFFAIRS (DEFRA): FOOD SAFETY

Food compositional standards and labelling: provisional common framework

This document states how the UK government and devolved governments plan to work together in food compositional standards and labelling policy areas.

EUROPEAN CHEMICALS AGENCY (ECHA): EU AND NORTHERN IRELAND

Nine hazardous chemicals added to Substance of Very High Concern (SVHC) Candidate List

Nine further substances have been added to the candidate list of SVHCs under EU REACH:

• 1,1'-[ethane-1,2-diylbisoxy]bis[2,4,6-tribromobenzene];
• 2,2',6,6'-tetrabromo-4,4'-isopropylidenediphenol;
• 4,4'-sulphonyldiphenol;
• Barium diboron tetraoxide;
• Bis(2-ethylhexyl) tetrabromophthalate covering any of the individual isomers and/or combinations thereof;
• Isobutyl 4-hydroxybenzoate;
• Melamine;
• Perfluoroheptanoic acid and its salts; and

reaction mass of 2,2,3,3,5,5,6,6-octafluoro-4-(1,1,1,2,3,3,3-heptafluoropropan-2-yl)morpholine and 2,2,3,3,5,5,6,6-octafluoro-4-(heptafluoropropyl)morpholine.

Civil engineering firm fined after workers repeatedly struck overhead powerlines.

A major civil engineering firm has been fined after workers struck overhead powerlines twice while working on the M6 motorway, causing cables to land in the path of moving vehicles.

The first incident occurred on 28 March 2018; Kier employees were clearing tarmac from a hard shoulder with a digger into a truck. The driver moved the truck while the bucket was raised which struck and severed the overhead 11 kV powerlines that landed on the motorway and a nearby field. The incident was not notified to Scottish power leading to the cables being reenergised numerous times while lying on the motorway with vehicles passing by.

The Second incident happened on 21 January 2019. Sub-contractors removing temporary motorway barriers struck unmarked overhead 11 kV cables with a crane arm on their lorry loader, which was then hit and snaped by an oncoming lorry.

The HSE found that the first incident resulted due to inadequate planning meaning the vehicle selected was unsuitable. Additionally, no task specific risk assessment was available for the work. In the second incident, the sub-contractors stated they were not aware of overhead hazards.

Breach

First Incident: Kier Infrastructure and Overseas Limited pleaded guilty to breaching Section 2(1) and Section 3(1) of Health and Safety at Work Act 1974:

• Section 2(1) requires employers to ensure, so far as is reasonably practicable, the health, safety and welfare at work of their employees.
• 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.

Second Incident: Kier Infrastructure and Overseas Limited pleaded guilty to breaching Section 3(1) of Health and Safety at Work Act 1974 and Regulation 13(1) of Construction (Design and Management) Regulations 2015:

• Regulation 13(1) requires the principal contractor to manage, manage and monitor the construction phase and coordinate matters relating to health and safety during the construction phase to ensure, as far as reasonably practicable, construction work is carried out without risks to health or safety.

Penalty

Kier Infrastructure and Overseas Limited was fined £4.415m and ordered to pay £87,759.60 in costs.

Scottish company fined after surveyor dies from electrical explosion

An Inverness company, Global Energy Nigg Limited, has been fined after a surveyor died from injuries caused by an electrical explosion.

On 10 December 2020, a surveyor from CWE Asbestos Consultants Ltd was completing an asbestos survey when they suffered burns to a third of their body from an electrical explosion. The surveyor died from infections and sepsis caused by their injuries three months later.

An HSE investigation found that the switch room the surveyor was attending was not in an appropriate condition. including a lack of warning labels on switch panels indicating they were energised and no warning of electrical danger in between the switch room and external area: the internal door was missing. 

Breaches

Global Energy Nigg Limited pleaded guilty to breaching Section 3(1) of Health and Safety at Work Act 1974.

Penalty

Global Energy Nigg Limited was fined £80,000.

Director given suspended prison sentence and two firms fined after worker was fatally crushed.

Leyton Homes (Perry Barr) Limited and Evergreen Construction (UK) Limited have been fined and the managing director of Leyton Homes (Perry Barr) Limited has been given a suspended prison sentence after an employer was crushed to death while unloading a shipping container of glass panes.

On 26 October 2017, a worker fell off the rear of a lorry to the ground while unloading materials after glass fell against their leg. While on the ground, approximately 17 glass planes fell and fatally crushed the worker.

An HSE and West Midlands Police joint investigation found that the unloading of material was not appropriately planned, supervised or carried out safely. Inexperienced and vulnerable workers including workers as young as 17 years old, were working in dangerous conditions with no supervision, inadequate equipment and no planning or risk assessment present.

Breach

Leyton Homes (Perry Barr) Limited and Evergreen Construction (UK) Limited were found guilty of breaching Section 3(1) of the Health and Safety at Work Act 1974 and Regulation 4(1) of the Work at Height Regulations 2005:

• Regulation 4(1) of the Work at Height Regulations 2005 requires every employer to ensure that work at height is properly planned, appropriately supervised and carried out in a safe manner is so far as reasonably practicable.

The managing director of Leyton Homes (Perry Barr) Limited was found guilty of breaching Section 37(1) of the Health and Safety at Work Act 1974:

• Section 37(1) where an offence committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Penalty

Leyton Homes (Perry Barr) Limited was fined £100,000 and ordered to pay costs of £55,084.67.

Evergreen Construction (UK) Limited was fined £115,000 and ordered to pay costs of £52,561.96.

The managing director of Leyton Homes (Perry Barr) Limited was sentenced to nine months imprisonment, suspended for two years, and ordered to pay costs of £57,171.95.