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June 2014
Congratulations. There are no changes to the legislation or other requirements in your legal register.
 
Recent Publications

HSE

HSG220: Health and Safety in Care Homes

This guidance document has been rewritten to cover a number of additional topics and bring together central messages on risks to workers and residents.
 

INDG296 Hand-arm Vibration: A guide for Employees

This updated pocket card provides guidance for employees regularly using hand-held powered equipment.
 

Safety Alerts

FOD 3-2014: Devices used to reduce operator entrapment and crushing on mobile elevating work platforms

This alert is addressed to operators, users, owners and companies hiring mobile elevating work platforms (MEWPs).
 

Research Reports

RR1004: Factors in the design of order picking systems that influence manual handling practices

RR998: Further work for the development of an inspection tool for risk assessment of pushing and pulling force exertion

 

HEALTH AND SAFETY EXECUTIVE NORTHERN IRELAND (HSENI)

Adopted Approved Code of Practice (ACoP) Documents

From 1 July 2014 the following ACoPs are adopted in Northern Ireland. These documents were prepared by the HSE in Great Britain and replace the existing ACoPs, which are withdrawn.

  • L5: Control of substances hazardous to health;
  • L138: Dangerous Substances and Explosive Atmospheres;
  • L8: Legionnaires’ disease: The control of legionella bacteria in water systems; and
  • L56: Safety in the installation and use of gas systems and appliances.

 

EUROPEAN COMMISSION

Strategic Framework sets out EU Health and Safety at Work Objectives for 2014-2020

The European Commission has set out seven strategic objectives for the period between 2014 and 2020, as follows:

  • Further consolidating national health and safety strategies;
  • Providing practical support to small and micro enterprises;
  • Improving enforcement by Member States;
  • Simplifying existing legislation where appropriate to eliminate unnecessary administrative burdens;
  • Addressing the ageing of the European workforce and improving prevention of work-related diseases to tackle existing and new risks such as nanomaterials, green technology and biotechnologies;
  • Improving statistical data collection; and
  • Reinforcing coordination with international organisations.

 

EUROPEAN CHEMICALS AGENCY (ECHA)

Practical Guide: How to assess whether a substance is used as an intermediate under strictly controlled conditions and how to report the information for intermediate registration in IUCLID

 

OFFICE OF RAIL REGULATION (ORR)

A Guide to ROGS

The ORR has published updated guidance on the Railways and Other Guided Transport Systems (Safety) Regulations 2006, as amended.
 

Work related stress in the rail industry 2014

This paper presents the ORR’s position on the management of workplace stress within the rail industry.
 

 
Offences

Scaffolder fined for Dangerous Work at Height

Carefree scaffolders put themselves and passers-by in danger as they worked unsafely at height above a busy Covent Garden street, a court has heard. Clerkenwell-based JOS Scaffolding Limited was prosecuted on 4 June on the strength of the photographic evidence and a subsequent HSE investigation into safety failings.

A nearby member of the public was so concerned about an imminent fall in Tavistock Street on 20 June 2013 they captured the work on camera and sent the images to the Health and Safety Executive (HSE).

Westminster Magistrates Court heard the firm was responsible for erecting a five-storey scaffold that was some ten metres above street level once complete.

The unsafe work was during the initial construction phase as the structure took shape. Pictures showed workers using unsecure and precariously balanced boards to access and pass materials to higher levels. They also showed a worker sitting near the top of the structure casually dangling his legs over the side.

Magistrates were told there was nothing in place at this point of the work to prevent or mitigate a fall of persons or equipment or materials. This in turn put anyone walking underneath or alongside the scaffold at risk.

HSE established the work was poorly planned and managed, and that two of the three-man team erecting the scaffold were lacking training and accreditation to prove their competence. The work fell well below the legally required standard – although both HSE and the court acknowledged that efforts had been made to improve standards once the failings were brought to the company’s attention.

Related Legislation

Fines were issued concerning two breaches of the Work at Height Regulations 2005:

  • Regulation 6(3), which requires that where work is carried out at height, every employer shall take suitable and sufficient measures to prevent, so far as is reasonably practicable, any person falling a distance liable to cause personal injury.
  • Regulation 10(1) , which requires that every employer shall, where necessary to prevent injury to any person, take suitable and sufficient steps to prevent, so far as is reasonably practicable, the fall of any material or object.

 

Blackburn Packaging Firm prosecuted after an Injury leads to an HSE Investigation

A Blackburn packaging firm has appeared in court after an investigation into a worker’s injury revealed safety standards described as ‘appalling’.

Europlast (Blackburn) Ltd was prosecuted by the Health and Safety Executive (HSE) after an employee had part of a finger amputated after his left hand became trapped in unguarded machinery in June 2012.

HSE discovered that two other workers had been injured in similar machinery incidents less than nine months earlier, numerous safety guards were missing or disabled on machines, and workers had not been given suitable training.

 Preston Crown Court heard that the 26-year-old employee from Blackburn, who has asked not to be named, had been working on a machine used to produce bubble wrap when the incident happened at the plant at Shadsworth Business Park on 6 June 2012.

The worker was trying to remove small pieces of plastic which had become stuck when his hand was pulled in between two rollers. It remained trapped for several minutes before another employee eventually found the emergency stop button. He suffered burns and crush injuries to his hand, required skin grafts and had to have the top half of his middle finger amputated. The court was told two other workers had also suffered injuries when their hands became trapped in machinery in April 2012 and September 2011.

HSE first made Europlast aware of the need to guard dangerous machine parts during a visit to the site in September 2009. This warning was repeated in July 2011 when an external health and safety consultant highlighted ‘intolerable risks’ from missing guards on machines at the factory.

The consultant stressed the importance of implementing his findings when he returned to the site later in the year, after it became clear that no action had been taken.

Europlast (Blackburn) Ltd, of Duttons Way in Blackburn, was fined £50,010 and ordered to pay prosecution costs of £23,102 after admitting breaches of the Management of Health and Safety at Work Regulations 1999, the Provision and Use of Work Equipment Regulations 1998 and the Health and Safety at Work etc. Act 1974.

Related Legislation

  • Regulation 5(1) of the Management of Health and Safety at Work Regulations 1999 requires that all employers shall make and give effect to such arrangements as are appropriate, having regard to the nature of his activities and the size of his undertaking, for the effective planning, organisation, control, monitoring and review of the preventive and protective measures
  • Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998 requires that employers ensure that measures are taken…which are effective to prevent access to any dangerous part of machinery or to any rotating stock-bar; or to stop the movement of any dangerous part of machinery or rotating stock-bar before any part of a person enters a danger zone
  • Section 2(1) of the Health and Safety at Work etc. Act 1974 requires that every employer ensures, so far as is reasonably practicable, the health, safety and welfare at work of all his employees
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