New publications this month:
DEPARTMENT FOR LEVELLING UP, HOUSING AND COMMUNITIES
Criteria for being a higher-risk building during the occupation phase of the new higher-risk regime
This new guidance concerns statutory criteria for determining whether a building is considered a higher-risk building under the Building Safety Act 2022 and the Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023. The guidance relates to the occupation phase of higher-risk buildings.
HEALTH AND SAFETY EXECUTIVE
Safety notice: Pop-up toilets: Risk of crushing
This notice concerns a risk of crushing when people are underneath a raised, unpropped pop-up toilet. The notice follows an incident where a worker was killed when the pop-up toilet they were working on lowered.
MARITIME AND COASTGUARD AGENCY (MCA)
The following Marine Guidance Notes and Merchant Shipping Notices relevant to occupational health and safety were published or updated during June 2023:
EUROPEAN CHEMICALS AGENCY (ECHA): EU AND NORTHERN IRELAND
ECHA’s committees: EU-wide PFAS ban in firefighting foams warranted
Proposed restrictions on PFAS in firefighting foams have been accepted by ECHA’s Committee for Socio-Economic Analysis (SEAC).
ECHA adds two hazardous chemicals to Candidate List
Two further Substances of Very High Concern (SVHC) have been designated:
Business park operator fined after worker injured in fall from height
An operator of a business park in Runcorn has been fined after a worker fell more than 13 feet through a fragile roof.
On 17 June 2021 the worker fell when he was carrying out repairs on the Heath Business and Technology Park. The worker tripped and fell through an unprotected skylight and his fall was partially broken by rubber matting on the floor, which may have prevented even more serious injury. The worker sustained life-threatening injuries, including a fractured skull and collapsed lung because of the fall.
The work had not been properly planned, and risk factors had not been identified and managed.
An HSE investigation found that the company had been carrying out the work on the roof for almost three weeks. Despite regular checks by the engineering manager, no measures were taken to mitigate the dangers posed by the presence of weaker skylight panels. These parts of the roof should have been covered or had perimeter barriers put in place to prevent access.
Breach
SOG Resources Limited pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974.
Penalty
SOG Resources Limited was fined £13,000 and was ordered to pay £2,666 costs.
Fines for health care provider after chlorine gas release
A private health care provider has been fined after three workers received treatment following exposure to chlorine gas.
An engineer was working at The Hampshire Clinic in Basingstoke when he was exposed to the potentially deadly gas on 11 March 2021.
The engineer had been hired by Circle Health Group, the firm that runs The Hampshire Clinic, and was asked to reduce the PH levels in the clinic’s hydrotherapy pool. There were no trained employees for the safe operation of pool plant and the engineer had not been fully trained in chlorine dosing operations or chemical storage.
The engineer added sodium hydrogen sulphate, also known as sodium bisulphate, to the pool’s sodium hypochlorite tank which caused a reaction and resulted in the release of chlorine gas.
The engineer was exposed to the gas and taken to hospital where he was given oxygen. Two other workers at The Hampshire Clinic were affected by the gas exposure and were treated by doctors at the site.
Chlorine gas exposure can be fatal in minutes. Analysis by HSE’s Science Division indicated that the maximum volume of chlorine gas produced was nearly 8000 times over the workplace exposure limit (WEL) and nearly 400 times over the Immediately Dangerous to Life or Health (IDHL) Limit.
An HSE investigation found that Circle Health Group fell far short in ensuring the health, safety and welfare of both its employees and contractors. Circle Health Group failed to put in place recognised industry standards of suitable risk assessments, adequate training as well as instructions and safe systems of work for the handling and mixing of chemicals.
Breaches
Circle Health Group Limited pleaded guilty to breaching Section 2(1) and Section 3(1) of the Health and Safety at Work Act 1974:
Circle Health Group Limited was fined £160,000 and ordered to pay £12,520.03.
Plastic manufacturer fined after Legionella outbreak
A plastics manufacturing company in West Bromwich has been fined after it put workers and the public at risk of being infected with potentially deadly bacteria.
The HSE investigated Riaar Plastics Limited after members of the public became infected with Legionnaires’ disease in September 2020.
Five people were infected with the potentially deadly lung infection. One person was taken to intensive care and put on a ventilator after being infected.
Riaar Plastics Limited was fined for failing to manage the risk of Legionella. The HSE found that water-cooling towers inherited by Riaar Plastics Limited at its site in West Bromwich were in an extremely poor condition. This allowed Legionella bacteria to grow in the water-cooling towers and pipes, exposing employees and members of the public to risks of significant ill health.
People can contract Legionnaires’ disease when they breathe in small droplets of water in air that contains the Legionella bacteria.
Riaar Plastics Limited pleaded guilty to breaching Section 2(1) and Section 3(1) of the Health and Safety at Work Act 1974.
Riaar Plastics Limited was fined £50,000 and ordered to pay £11,000 in costs.
