New publications this month:

HSE

Getting help with manual handling risks in your business

The HSE has issued new online advice on the management of manual handling. Employers are advised to address specific conditions and needs within their workplaces, avoiding off-the-shelf manual handling training.

ECHA

Chemicals in our life website launched

ECHA has launched new website, which aims to inform consumers regarding the application of chemicals and the risks and benefits they present.

BREXIT UPDATE

The European Commission has issued further notices to stakeholders during March 2018. These concern the impact of the UK withdrawing from the UK, but remain subject to change due to any transitional arrangements and the outcomes of any withdrawal agreement.

Withdrawal of the UK and EU rules in the field of maritime transport

This notice concerns issues affecting maritime transport that have arisen as a result of the UK’s withdrawal, subject to any transitional arrangement or withdrawal agreement.

The UK’s withdrawal affects legislation concerning maritime transport market access and maritime safety. Significant impacts on maritime safety include:

• As the UK will no longer be subject to Regulation (EC) 391/2009 on common rules and standards for ship inspection and survey organisations, the UK will no longer be able to participate in assessments of inspection and survey organisations it previously recognised.
• The Port State Control inspection system under Directive 2009/16/EC will no longer apply in the UK. Therefore the UK will not be able to formally verify compliance of ships received against Directive 2009/16/EC.
• The UK will no longer be required to undertake inspections of roll-on roll-off ferries and high-speed passenger craft under Directive (EU) 2017/2110.
• As a ‘third country’, UK fishing vessels will be prohibited from operating in the internal waters or territorial sea of Member States, and from landing catch in their ports unless they are certified against the requirements of Directive 97/70/EC on a harmonised safety regime for fishing vessels of 24 metres in length and over.

Fines for construction firm afer failings in the management of a domestic construction site

Toft Construction Ltd has been fined for failing to safeguard the public and workers from unsafe operations and failing to provide adequate welfare facilities while undertaking work at a domestic property in Salford.

On 23 June 2016, an HSE inspector issued two prohibition notices against the company. These were issued in relation to:

• An unsupported, deep excavation in the front garden, without adequate measures to protect members of the public or workers;
• Unsafe lifting of a steel beam; and
• Failure to provide any toilet or washing facilities for workers.

Toft Construction also failed to comply with an improvement notice issued after the HSE inspector attended the site, requiring suitable and sufficient welfare facilities.

Breaches

The Cheshire-based construction firm pleaded guilty to breaching Section 2(1), 3(1) and Section 33(1)(g) of the Health and Safety at Work etc. Act 1974.

• Under Section 2 (1) every employer is required to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all employees.

• Section 3(1) requires every employer to ensure that people not in their employment but who may be affected by their actions do not have their health and safety put at risk. 
• Section 33(1)(g) makes it an offence to contravene any requirement or prohibition imposed by an improvement notice or prohibition notice.

The organisation also pleaded guilty to breaching Regulations 15(11) and 2 of the Construction (Design and Management) Regulations 2015.

• Regulation 15(11) requires that minimum welfare facilities stated under Schedule 2 are provided so far as is reasonably practicable.
• Regulation 2 sets out definitions and supports the interpretation of these regulations.

Penalty

Toft Construction was fined £20,000 with £5,176.90 costs.

Door manufacturer fined after a worker develops hand-arm vibration syndrome (HAVS)

Design and Supply Ltd has been fined after a worker was found to have developed HAVS.

An investigation by the HSE found that the worker affected had been exposed to vibration from the use of handheld buffing and sanding tools over a 15-year period. The HSE identified that the company, which manufactures doors, had not implemented a suitable safe system of work to control vibration exposure risks.

The company had not undertaken a suitable risk assessment of work activities from the use of power tools and employees and supervisors had not received adequate information, instruction or training. As vibration levels had not been reduced to a level as low as reasonably practicable, they were placed at an increased risk of developing HAVS.

It was also found that Design and Supply had not implemented a suitable health surveillance programme.

Breach

The Merhyr Tydfil-based firm pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974.

Penalty

Design and Supply was fined £50,000 and ordered to pay costs of £1,881.70.

Birmingham-based vehicle maintenance company firm fined after an apprentice suffered a fractured skull

Central England Municipals Ltd has been fined after an apprentice suffered head injuries while undertaking maintenance on a commercial vehicle.

On 5 June 2017 the apprentice was working with an experienced mechanic replacing air suspension bags beneath a 39 tonne trailer. However, an air suspension bag remained under a pressure and was ejected, striking the apprentice.

An HSE investigation to the incident identified that Central England Municipals had failed to adequately assess risks, implement a suitable safe system of work and to ensure employees were appropriately trained and monitored.

Breach

Central England Municipals pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974.

Penalty

The company was fined £20,000 and ordered to pay costs of £921.40.