New publications this month:

HEALTH AND SAFETY EXECUTIVE (HSE)

INDG 479: Guidance on Respiratory Protective Equipment (RPE) Fit Testing

This leaflet is targeted towards employers and persons undertaking RPE fit testing. The document concerns fit testing methods, objectives of these tests and information that should be recorded in fit test reports.

Safety Bulletin: Platform lifts (vertical lifting platforms or lifts for people with impaired mobility). Risk of falls from height to employees/workers and members of the public.

This bulletin states actions required by installers, owners and operators of platform lifts for people with impaired mobility.

EUROPEAN CHEMICALS AGENCY (ECHA)

How to notify PIC exports to the UK after UK’s withdrawal from the EU

ECHA has published guidance on how manual export notifications are to be carried out under the Prior Informed Consent (PIC) regime in the first 35 days after the UK leaves the EU. These procedures will apply if the UK leaves the EU without a withdrawal agreement coming into force.

A permanent procedure will be adopted at a later date.

Worker killed by overhead power line strike

A Utility Civil Engineering company has been fined after an employee following the fatality of a subcontractor employee.

On 16 September 2016, Darren Waterman, a driver employed by Just Grab Services to unload material at Fillets Farm in Hunsdon, Hertforshire, was using the grab arm. During this operation, the arm came contacted an 11kv overhead power line. The driver was killed. At the time of the incident, the site was managed by Options Energy Resource LLP.

An HSE investigation identified that that Options Energy Resource LLP had identified the risk posed by overhead power lines in its risk assessments. However, the company had failed to implement the assessment and adequately plan construction work and train its employees.

Breach

Options Energy Resource LLP pleaded guilty to breaching Section 3 of the Health and Safety at Work etc. Act 1974.

• Section 3 requires that employers conduct their activities in a manner to ensure, so far as is reasonably practicable, that persons they do not employ are not exposed to risks to their health or safety.

Penalty

Options Energy Resource LLP was fined £400,000.00 and ordered to pay costs of £17,242.33.

Renault prosecuted for vehicle lift safety failings

A car manufacturer has been fined after failing to ensure its faulty vehicle lifts were in a safe condition for use.

Renault Retail Group UK Limited was found to have repeatedly failed to ensure that vehicle lifting equipment at its sites in Coulsdon and West London were maintained in an efficient working order and in good repair. This failure led to workers using faulty lifts, placing technicians at danger.

An HSE investigation found that the company had been warned that the vehicle lifts posed a danger to users. However, the company had repeatedly failed to ensure workers did not use the defective lifts between 5 October 2015 and 29 September 2016.

Breach

Renault Retail Group UK Limited pleaded guilty to breaching Regulation 5(1) of the Provision and Use of Work Equipment Regulations 1998 and Regulation 10(3)(a) of the Lifting Operations and Lifting Equipment Regulations 1998:

• Regulation 5(1) of the Provision and Use of Work Equipment Regulations 1998 requires that employers ensure work equipment is maintained in an efficient state, efficient working order and in good repair. Employers must also ensure maintenance logs in place for machinery are kept up to date as applicable.
• Regulation 10(3)(a) of the Lifting Operations and Lifting Equipment Regulations 1998 requires that employers notified of lifting equipment defects ensure it is not used before the defect is rectified or after a deadline stated by the examiner.

Penalty

Renault Retail Group UK Limited was fined £200,000 and ordered to pay costs of £17,217.84.

Community order for foundry operator after worker injured by bench drill

A foundry operator has been sentenced and fined after a machinist suffered life-changing injuries.

On 13 February 2017, a part-time machinist working at a foundry in Stalham, Norfolk, was drilling holes into aluminium castings. The machinist was wearing heavy duty gloves, as required by company policy, when her hand contacted a moving drill bit. The worker’s hand became entangled with the machinery, leading to severe tendon injuries and the partial de-gloving and severing of the left thumb.

An HSE investigation found that Edward Flitton, trading as Hever Ironworks, had neither a safe system of work in place for employees using the drilling and tapping machines, nor Employers Compulsory Liability Insurance at the time of the incident.

Additionally, the incident was not reported to HSE by Edward Flitton. The incident was instead brought to HSE’s attention by a third party.

Breach

Edward Flitton pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974, Regulation 4(1)(b) of the Reporting of Injuries, Disease and Dangerous Occurrences Regulations 2013 and breaching the Employers’ Liability (Compulsory Insurance) Regulations 1998.

• Under Section 2(1) of the Health and Safety at Work etc. Act 1974, employers are required to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all employees.
• Regulation 4(1)(b) of the Reporting of Injuries, Disease and Dangerous Occurrences Regulations 2013 requires that work-related accidents are reported where they lead to any person at work suffering the amputation of an arm, hand, finger, thumb, leg, foot or toe.
• The Employers’ Liability (Compulsory Insurance) Regulations 1998 requires that employers hold a current employers’ liability insurance policy.

Penalty

Mr Flitton was sentenced to a community order of 120 hours of unpaid work and fined £300.