New publications this month:

DEPARTMENT FOR ENVIRONMENT, FOOD & RURAL AFFAIRS (DEFRA)

UK REACH alternative transitional registration model (ATRm)

The future ATRm system has been announced. This will aim to reduce costs associated with UK REACH compliance where chemicals were previously registered under EU REACH. ATRm is intended to reduce the amount of information required to transition registrations to UK REACH, which will include:

• refining use and exposure information that will be required for uses in Great Britain;
• reducing hazard information required for transitional registrations and intermediates, meaning that data from EU industry consortia will not generally be required; and
• regulatory powers to assist requests for and the processing of relevant data from registrants.

A consultation on the ATRm system is planned for early 2024.

HEALTH AND SAFETY EXECUTIVE

Working Minds Interactive Tool

During November 2023, the HSE launched an online learning tool to prevent work-related stress.

Health and safety at work: Summary statistics for Great Britain 2022/23

The HSE has published workplace health and safety statistics for the 2022/23 period. Key figures have been made available, alongside a more detailed statistics booklet and poster.

Updated guidance from the Building Safety Regulator on the higher-risk building regime in England

• Applying to register a high-rise residential building, updated to reflect arrangements for changes to applications, information or users
• Register a high-rise residential building, updated for clarity purposes
• Managing building control approval applications for higher-risk buildings, updated to include further details of information required on proposed work
• Register your business as a building control approver, updated to clarify requirements on unspent convictions

DEPARTMENT FOR LEVELLING UP, HOUSING AND COMMUNITIES

New and updated guidance on the higher-risk building regime in England

Guidance supporting the Building Safety Act 2022 has been published for the first time or updated, as follows:

• Information for residents on fire safety and remediation of buildings, updated with government contact details regarding building remediation;
• Building Safety Fund guidance for applications made in 2020, updated to reflect policy changes and the cladding safety scheme
• Building Safety: Planning enforcement and the Responsible Actors Scheme (the ‘RAS Enforcement PPG’), new, provides details of how to respond to breaches of planning control under the Building Safety (Responsible Actors Scheme and Prohibitions) Regulations 2023
• Remediation costs: what leaseholders do and do not have to pay and Qualifying date, qualifying lease and extent, both documents have been updated to reflect changes to legislation on lease extensions or variations

MARITIME AND COASTGUARD AGENCY (MCA)

The following notes and notices relevant to occupational health and safety were published or updated during November 2023:

• MGN 323 (M+F) Amendment 1 Explosives picked up at sea
• MGN 379 (M+F) Amendment 1: use of electronic navigational aids
• MGN 469 (M) Amendment 1: Safety standards for non-passenger vessels
• MGN 562 (M+F) Amendment 4 Radio: Radio regulations amendments and GMDSS radio equipment updates
• MGN 627(M) Amendment 1 - Guidance on changes and available exemptions against requirements introduced by the Merchant Shipping (Safety Standards for Passenger Ships on Domestic Voyages) (Miscellaneous amendments) Regulations 2022
• MIN 688 (M) Amendment 1: COSWP Amendment 7 2022
• MGN 690 (M+F) Approval and acceptance of electronic record books and recording requirements under SOLAS chapter V/Reg 28
• The Workboat Code Edition 3
• MIN 698 (M) Workboat code edition 3 – standards and guidelines for best practice
• MIN 700 (M+F) Radio communications – delay to IMO performance standards
• MSN 1781 (M+F) Amendment 3 The Merchant Shipping regulations 1996 - COLREG
• MSN 1886 Amendment 1 MLC and ILO 188 medical standards
• MSN 1887 (M) Amendment 1: maritime labour convention, 2006: medical certification

Cider maker fined after driver fatality

A cider manufacturer has been fined after a driver was killed at their premises in Ledbury.

The man was driving for H Weston and Sons Limited, the manufacturer of Henry Westons Cider, when he was killed by the end of a security barrier. On 28 September 2020, the van was being driven out of the firm’s site at Bounds Farm, March Marcle, Ledbury, when the end of a security barrier speared through the vehicle’s windshield and fatally crushed the man.

The man was a farm manager at H Weston and Sons Limited and had worked at the company since 2008.

An HSE investigation into the incident found H Weston and Sons had installed the barrier a month earlier and failed to undertake a suitable and sufficient risk assessment. The company also failed to implement a safe system of work to ensure the barrier could be secured safely when open and closed.

Breaches

H Weston and Sons Limited pleaded guilty to breaching Regulation 3(1) of the Management of Health and Safety  at Work Regulations 1999 and Section 2(1) of the Health and Safety at Work Act 1974:

• Regulation 3(1) requires employers to undertake suitable and sufficient risk assessments of risks to health and safety of their employees while at work and risks the health and safety of persons that are not employees in connection with the d
• Section 2(1) requires employers to ensure, so far as is reasonably practicable, the health, safety and welfare at work of their employees.

Penalty

H Weston and Sons Limited was fined £1.4 million and ordered to pay £26,756.50 in costs.

Lift maintenance company fined after fatal crush of an engineer

A lift maintenance company has been fined after an employee fatality while working at a factory run by Muller Yogurt and Desserts.

On 14 January 2020, the employee was working alongside two other lift engineers at Muller’s Market Drayton Factory. The engineers had attended site to work on another lift initially, before being asked to resolve an issue with the door-opening mechanism on a lift landing door.

While attempting to resolve the issue, the worker was on top of the lift car with one engineer in the lift itself and the other outside on the landing. The lift had been placed in inspection mode, enabling the worker to control the lift from the lift’s rooftop. This mode enabled him to assist his colleague, inside the lift, in rectifying the issue.

As the work progressed, the lift unexpectedly shifted from inspection mode to normal mode while the worker was still on top. This sudden transition caused the lift to move at its normal speed, trapping him in a void between the lift car and the structural elements of the lift shaft.

The worker's colleagues tried to release him but were unable to. He had already lost his life by the time the emergency services arrived at the scene.

An HSE investigation found that there was a failure to cover the void in which Lewis became trapped. Had the void been sheeted, the incident could not have happened.

Breach

Lift Monitoring Systems Limited, formerly known as RJ Lift Services Limited pleaded guilty to failing to discharge the duty imposed upon it by Section 2(1) of the Health and Safety at Work Act 1974.

Penalty

Lift Monitoring Systems Limited was fined £200,000. Costs will be decided at a later date.

Window and door manufacturer fined after worker suffers severe injuries

An Aberdeen joinery and manufacturing company has been fined after a worker suffered horrific injuries while cleaning a machine.

On 1 November 2018, the worker was conducting a thorough clean of a UV Lacquer Line machine prior to its use in a production run later that day. These machines are used to apply a lacquer finish to veneered door and panel products using two sets of sanders and lacquer machines. During the cleaning process, the worker, noticed lacquer hanging from the lid of the machine and reached for it as he turned to the control panel to isolate the machine. However, as he did so, the glove on the little finger of his right hand got caught in the moving rollers, causing his arm to become entangled and trapped within the machine.

The incident resulted in his right forearm being crushed between the rollers. The worker underwent surgery that day for ‘degloving’ injuries that he had suffered from his elbow to his hand. His injuries required multiple surgeries to treat and reconstruct his forearm with skin grafts and he ended up spending 13 days in hospital.

An HSE investigation found that the machine’s rollers continued rotating when the worker opened the lid. This demonstrated that the interlock device was not working on the day of the accident. The device was found to be defeated, with the fastenings of the actuator unbolted and the actuator stuck within the switch.

Hall & Tawse Joinery Limited had failed to carry out a risk assessment of the machine at the time of the incident, which should have been conducted prior to the machine’s use and would have been followed by an effective check procedure that would have highlighted the defeated interlock device.

Breach

Hall & Tawse Joinery Limited pleaded guilty to breaching sections 2 and 33(1)(a) of the Health and Safety at Work Etc. Act 1974. Section 2 and Section 33(1)(a) of the Health and Safety at Work Act 1974:

Penalty

Hall & Tawse Joinery Limited was fined £9,400.