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Preview Email
March 2020
Congratulations. There are no changes to the legislation or other requirements in your legal register.
 
Recent Publications

New publications this month:

HEALTH AND SAFETY EXECUTIVE (HSE)

INDG73: Protecting lone workers: How to manage the risks of working alone

Guidance is provided on ensuring lone work is undertaken safely.

Additional information has been provided on keeping in touch with lone workers, potential impacts of lone working on mental health, stress and wellbeing and on protecting against the risk of work-related violence.

 

Fit testing face masks to avoid transmission: coronavirus (COVID-19)

The HSE has published guidance on fit testing masks for protection against COVID-19 transmission. Additional guidance on how the manage transmission risks associated with the tests has been given.

 

Arrangements for driver welfare and hours of work: coronavirus (COVID-19)

In light of the COVID-19 outbreak, the HSE has stated that reasonable access to toilets and handwashing facilities must continue to be made available to drivers.

 

Manufacture and supply of biocidal hand sanitiser products during the outbreak: coronavirus (COVID-19)

The HSE has provided a time-limited derogation on the use of propan-2-ol in the manufacture of hand sanitiser products during the COVID-19 outbreak. Provided the WHO-specified formulation is followed, manufacturers will be exempt from requiring a product authorisation under the Biocidal Products Regulation.

Manufacturers will only need a certificate from the HSE prior to commencing manufacture, which may be obtained via email.

This position is in line with derogation recommendations made by ECHA.

 

 

HEALTH AND SAFETY EXECUTIVE NORTHERN IRELAND (HSENI)

Example risk assessment for COVID-19 in workplaces

Example risk assessments have been prepared to show the expected approach to controlling COVID-19 hazards for small businesses or workplaces.

 

 

DEPARTMENT FOR TRANSPORT (DFT)

Temporary relaxation of the enforcement of the drivers’ hours rules: delivery of essential items to retailers

The DfT has relaxed the enforcement of EU drivers’ hours rules in Great Britain, where they are undertaking deliveries of food, personal care, household paper or cleaning products or over the counter pharmaceuticals.

This relaxation increases the weekly and fortnightly limits to 60 and 96 hours respectively, while reducing the daily rest requirement to nine hours. Requirements on breaks and weekly rest periods are also relaxed.

This relaxation is currently due to end on 16 April 2020.

 

 

MINISTRY OF HOUSING, COMMUNITIES & LOCAL GOVERNMENT

Remediation and COVID-19: Building Safety update

Guidance is provided on undertaking remedial building work during the COVID-19 outbreak.

 

Remediation of non-aluminium compositive material buildings

Details are provided of funding available for the removal of unsafe non-aluminium composite material cladding systems.

 

 

MARITIME & COASTGUARD AGENCY (MCA)

MIN 611 (M+F) Guidance and information to follow in the event of COVID-19 outbreak impacting UK seafarer services

This Marine Information note sets out best practices in the event of a COVID-19 pandemic and subsequent outbreak that could affect essential seafarer training and certification by the MCA.

 

 

EUROPEAN CHEMICALS AGENCY (ECHA)

COVID-19 Guidance

ECHA has launched a web page on the response to COVD-19, including assistance of biocide companies and on regulatory flexibility during the outbreak.

 

European Union Chemicals Legislation Finder

This new service provides a free overview of 40 items of EU chemicals legislation.

 

 
Offences

Paper mill operator fined after employee serious head injuries

A paper mill operator has been fined after an employee suffered life changing injuries.

On 16 March 2017, an employee of De La Rue International Limited was helping colleagues to remove paper from the machine by standing in the gap between the size press and the after-dryer section of the machine in Bathford Paper Mill in Bathford, Bath.

After a fixed guard was opened, the employee expected the spar drum to come towards him, however, by the time he realised the cylinder was turning in the opposite direction, the drum turned and his head became trapped between a spar and the base of the fixed guard. The accident resulted in the employee receiving a nine-hour facial reconstruction operation in hospital.

An HSE investigation identified that De La Rue International Limited had not provided a safe system of work for the removal of broken paper from the after-dryer section of the paper machine when the machinery was operated in reverse.

Breach

De La Rue International Limited pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974:

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

Penalty

De La Rue International Limited was fined £300,000 and ordered to pay costs of £11,191.70.

 

Lancashire logistics company fined for work at height failings

A company in Blackburn (Speed Drop Logistics Ltd) has been fined after it failed to provide fall protection for workers replacing the roof of its premises.

On 29 May 2019 HSE inspectors visited the warehouse and observed two workers on the roof. These workers were without any physical protection or any equipment to prevent or minimise the distance of a fall.

A subsequent investigation found that the roof of the warehouse was fragile and people were at risk of coming through it. The company did not have any measures in place to prevent workers falling from or through the roof. A fall could have resulted in personal injury or even death.

The HSE stated that the removal of tiles should have been carried out from underneath the roof using a scissor lift or a cherry picker. Scaffold should have been in place to create a barrier against and to minimise the distance of a possible fall.

Breach

Speed Drop Logistics Ltd pleaded guilty to breaching Regulation 6(3) of the Work at Height Regulations 2005:

  • Regulation 6(3) requires employers to take suitable and sufficient measures to prevent, so far as is reasonably practicable, any person falling a distance liable to cause personal injury.

Penalty

Speed Drop Logistics Ltd was fined £80,000 and ordered to pay costs of £1,570.60.

 

Employee suffers crush injuries due to vehicle collision at waste site

A waste management company has been fined after it pleaded guilty to causing a life changing injury to an employee.

On 27 February 2017 an employee of Viridor Waste Management Limited was crushed by a reversing 22.5 tonne shovel loader driven by a contractor at Viridor’s Crayford Materials Recycling Facility site.

The injured employee was working on foot in the area as a banksman. At the time of the accident, he was assisting a lorry manoeuvring into a bay when a shovel loader reversed out of the bay independently. The shovel loader knocked the worker to the ground and drove over the lower half of his body. He suffered very serious internal injuries and multiple serious fractures, both with significant life changing effects.

An HSE investigation found that the company had failed to organise the workplace in such a way that pedestrians and vehicles could circulate in a safe manner.

This prosecution was the fourth in four years for the company, two of which related to fatal incidents.

Breach

Viridor Waste Management Limited was found in breach of Regulation 4(1) of the Workplace (Health, Safety and Welfare) Regulations 1992 by virtue of Regulation 17(1):

  • Regulation 4(1) requires that employers ensure that every workplace, modification, extension or conversion under their control complies with any applicable requirement of the Workplace (Health, Safety and Welfare) Regulations 1992.
  • Regulation 17(1) requires that every workplace is organised in a way to permit pedestrians and vehicles to circulate in a safe manner.

Penalty

Viridor Waste Management Limited was fined £400,000.

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