New publications this month:

HEALTH AND SAFETY EXECUTIVE

Making Buildings Safer

The HSE has launched a website reflecting forthcoming changes as a result of the Building Safety Act 2022, including the duty to register higher risk buildings and the introduction of the Building Safety Regulator.

Violence and aggression at work

This guidance for employers has been refreshed.

Asbestos & You

March 2023 saw the launch of the HSE’s asbestos and you campaign.

CONIAC website

This new website houses work undertaken by the Construction Industry Advisory Committee (CONIAC), which was formed to advise the HSE on health and safety hazards relating to the building, civil engineering and construction industries. This website houses a host of safety resources.

Safety Bulletin: Unsafe use of floor grating systems in oil and gas, and wind generation

A safety bulletin has been issued regarding the use of polymer flood grating systems on offshore oil and gas platforms, vessels and wind generation installations. These floor systems can become dislodged.

HEALTH AND SAFETY EXECUTIVE NORTHERN IRELAND (HSENI)

Safety Alert - Food Industry. Guarding issues on dicing machines

This safety alert provides guidance for companies in the food industry on dicing machines, including to ensure they have adequate control and protective measures in place.

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 March 2023:

• MGN 684 (M) Safety of powered watercraft
• MGN 331 (M+F) The PUWER Regulations 2006: Amendment 2
• MGN 332 (M+F) The LOLER Regulations 2006: Amendment 2
• MGN 619 (F) The LOLER and PUWER Regulations 2006: Amendment 1
• MGN 663 (F) Enclosed space entry on fishing vessels
• MGN 670 (M) Ships built on or after 1st January 2009 and engaged on international voyages – guidance on SOLAS chapter II-1
• MGN 671 (M) Subdivision and damage stability of cargo ships of 80m in length and over
• MSN 1698 (M) Amendment 1 - The merchant shipping (passenger ship construction: ships of classes I, II and II(A)) regulations 1998
• MSN 1874 (M+F) Amendment 7: Marine equipment – United Kingdom conformity assessment procedures for marine equipment, other approval and standards
• MSN 1845 (M) Food and catering, provision of food and fresh water
• MSN 1884 (F) ILO Work in fishing convention, working time
• MSN 1907 (M) - Application to ships built before 1st January 2009 and engaged on international voyages

Firework manufacturer fined after a worker was killed in an explosion

A company based in Peterborough has received a six-figure fine after a young father was killed in an explosion at a firework factory.

On 2 October 2018, the 24-year old employee was working for Le Maitre Ltd. The worker was making a pyrotechnic composition when one of the products ignited, causing a significant explosion. The employee suffered serious burns in the explosion and died of his injuries the following day.

An HSE investigation determined that the system of work for working with explosive materials was not safe. The tools the worker was provided with were unsuitable for handling the explosive materials and the facility in which he was working was not of an appropriate standard.

The company also failed to provide the worker with adequate training and he was not appropriately supervised.

Breach

Le Maitre Ltd (now known as LM140121 Limited) was found guilty of breaching Section 2(1) of Health and Safety at Work Act 1974:

• Section 2(1) requires employers to ensure, so far as is reasonably practicable, the health, safety and welfare at work of their employees.

Penalty

Le Maitre Ltd was fined £500,000 and ordered to pay costs of £ 20,788.65.

Six-figure fine for garden landscaping company after an employee died at work

An East Yorkshire-based company has been fined after an employee died while loading a lorry.

On 15 June 2020, the employee was operating a forklift truck at the company’s site in Pollington, East Yorkshire. The employee was fatally injured when the lorry he was loading was moved by the driver, pulling the forklift truck over and trapping him underneath.

An HSE investigation found that the company’s risk assessment failed to account for the possibility of lorries moving while they are being loaded. The HSE also found that the systems of work for ensuring that vehicles were not moved during loading activities were inadequate.

Breach

Kelkay Limited was found guilty of breaching Section 2(1) of Health and Safety at Work Act 1974.

Penalty

Kelkay Limited was fined £600,000 and ordered to pay £20,848.71 in costs.

Company and director prosecuted for unsafe removal of asbestos

An asbestos removal company has been prosecuted after failing to ensure the safe removal of asbestos. The company’s director has also been given a prison sentence.

Asbestos Boss Limited, also known as Asbestos Team, and its director advertised as a licensed asbestos removal company. The company removed licensable material from domestic properties throughout Great Britain.

An HSE investigation found that Asbestos Boss Limited had never held a licence. The company’s poor working practices resulted in the large scale spread of asbestos and exposure to homeowners and their families. Little to no precautions were taken by the company. Therefore, the company’s workers, as well as anybody at the premises they were working on, were at serious risk of exposure to asbestos.

The company and their director also breached a prohibition notice on several occasions.

Breaches

Asbestos Boss Limited was found guilty of breaching Regulation 8(1) and Regulation 11(1)(a) of the Control of Asbestos Regulations 2012 and one charge relating to the failure to comply with a prohibition notice at two separate addresses, which prevented them from working with licensed asbestos materials.

• Regulation 8(1) requires employers to hold licences before undertaking any licensable work with asbestos.
• Regulation 11(1)(a) requires every employer to prevent employees from being exposed to asbestos, so far as is reasonably practicable.

The company director pleaded guilty to breaching Section 37 of the Health and Safety at Work Act 1974 in relation to the company’s failure to comply with Regulation 8(1) and Regulation 11(1)(a) of the Control of Asbestos Regulations 2012 as well as the charge for breach of a prohibition notice

• Section 37 applies where a proven offence was committed by a body corporate with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary, member or other similar officer of the body corporate, and makes these persons guilty of that offence and liable to be proceeded against and punished accordingly.

Asbestos Boss Limited and the director were also prosecuted by Stockport Trading Standards in a jointly run case with HSE. The director and the company were both charged with fraud in relation to falsifying training certificates, a business insurance document and unauthorised use of trade association logos. This gave the impression that the business was credible and that workers were adequately trained and competent in relation to asbestos removal.

Penalties

Asbestos Boss Limited is awaiting sentence.

The company director was immediately imprisoned for 6 months and ordered to pay victim compensation.