New publications this month:
HEALTH AND SAFETY EXECUTIVE NORTHERN IRELAND (HSENI)
DSE Workstation Assessment Checklist
A workstation assessment checklist has been provided for use when carrying out DSE workstation assessments.
Workplace Accident / Incident Investigation – Template
A template accident/incident investigation form has been issued by HSENI.
Health and Safety advice during storms and bad weather
HSENI has issued guidance for workplaces for work planned prior to, during or after storms.
Information Sheets
During October 2018, HSENI published the following information sheets:
MARITIME & COASTGUARD AGENCY
Merchant Shipping Notice
MSN 1878 Arrangements for the carriage of agreed search and rescue co-operation plans aboard UK passenger vessels
This document replaces MSN 1783 and provides details of search and rescue cooperation plans that must be drawn up and carried by passenger vessels.
Marine Guidance Notes
MGN 401 (M+F) Amend 2 - Navigation: Vessel traffic services (VTS) and local port services (LPS) in the United Kingdom
Guidance is provided on vessel traffic services in the UK.
Marine Information Notes
MIN 571 Navigation: port marine safety code (PMSC) compliance submission 2018 – 2021
This note requires that dutyholders submit a signed statement of PMSC compliance by 31 December 2018.
MIN 579 - Guidance for measures to prevent fires in engine rooms and cargo pump rooms
Guidance is drawn to IMO Circular MSC.1/Circ.1321, which provides guidance on measures to prevent fires in engine and cargo pump rooms.
BREXIT UPDATE
Further guidance has been issued on how chemical safety regimes would be affected in the event the UK leaves the EU without a deal
Classifying, labelling and packaging chemicals if there's no Brexit deal
Requirements on the classification, labelling and packaging of chemicals are applied across the EU under the CLP Regulation (EC) No 1272/2008. As an EU Regulation, this legislation came directly into force in the UK.
The classification, labelling and packaging regime is regulated by the European Chemicals Agency (ECHA), who receive and process notifications. Should the UK leave the EU without a deal, an independent standalone chemicals regime would reportedly be established with the HSE, mirroring the current EU arrangements. Existing classifications and labelling requirements would continue to be applied. IT systems would reportedly be developed to notify chemicals and allow access to classification and labelling information.
The guidance states that the global harmonised system (GHS) of chemical classification, which is applied through the CLP Regulation (EC) No 1272/2008 would continue to be applied.
As the UK would become a ‘third country’, EU organisations importing chemicals from the UK would assume responsibility for compliance with the CLP Regulation (EC) No 1272/2008 within the EU.
Regulating biocidal products if there’s no Brexit deal
A standalone biocidal products regime would reportedly be established within the UK in the event of a no deal scenario. The Biocidal Products Regulation (EU) No 528/2012 will be retained as UK legislation. The approval of active substances and biocidal product authorisations within the UK would be transferred to the HSE instead of ECHA. The evaluation and assessment of these substances would also be managed by the HSE. A UK version of the Article 95 list, which records approved active substance suppliers, would be established.
Companies wishing to supply active substances or biocidal products in the EU would need to continue to apply to ECHA.
Director jailed and company fined following worker fatality
A Liverpool-based waste and recycling company has been fined and its director jailed after the death of a 39-year-old worker.
Gaskell’s (North West) Limited and Jonathan Gaskell were sentenced for their part in the death of an employee in 2010 and for continuing to operate the same baling machine in a dangerous manner for up to five years after the fatality.
Liverpool Crown Court heard how the employee died while working at Gaskells Waste Services in Bootle on 23 December 2010. The company was operating a machine used to compress recyclable and waste materials into small bales. This machine had a defeated interlock system, enabling a worker to enter the machine while it remained in operation.
The worker entered the baling chamber of the machine to clear a blockage of waste materials that had caused it to stop. The machine automatically activated and the worker suffered haemorrhaging, shock and severe traumatic injury to both legs. He died on his way to hospital.
A joint investigation by the HSE and Merseyside Police found that the baler’s safety interlock system had been defeated two months earlier. Poor maintenance of the machine meant it required frequent operator intervention.
HSE inspectors later attended the site on 16 July 2015 after the regulator was informed that the company was continuing to use the same machine while further critical safety systems on the baler were defeated, five years after the fatality. The HSE found that the machine could be operated whilst the guarding was open, meaning it could still run and production could continue with the operator being put at serious risk of injury. This was noted as a serious aggravating factor by the Judge upon sentencing.
Breach
Gaskell’s (North West) Limited pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974.
Jonathan Gaskell pleaded guilty to breaching Section 37 of the Health and Safety at Work etc. Act 1974.
Penalties
Gaskell’s (North West) Limited was fined £700,000 and ordered to pay costs of £99,886.57.
Jonathan Gaskell was sentenced to eight months in prison.
Council fined for exposing employees to an obvious risk
Hull City Council has been fined after it failed to address an "obvious risk" of employees working on ice before a worker fell and suffered broken ribs when re-laying ice at The Hull Ice Arena.
On 30 August 2014 a worker was marking the lines for the ice hockey pitch at the arena. He was walking towards the centre of the ice rink when he slipped and fell heavily onto the ice, suffering head injuries and breaking three ribs.
An HSE investigation identified that there had been a number of previous incidents where employees had slipped and fell on ice.
Hull City Council pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974.
Penalty
Hull City Council was fined £185,000 with £44,442.71 costs.
Timber products manufacturer fined for repeated failures to guard and maintain equipment
Ashwell Recycled Timber Products has been fined after repeatedly failing to appropriately guard and maintain woodwork equipment used by their employees.
The Court heard that employees had been exposed to the risk of serious injury because a radial arm drill was not fitted with an effective guard or trip device and the housing on a re-saw blade and self-return function on their cross-cut saw had not been maintained.
These failures were identified despite the company receiving previous enforcement action from HSE on similar issues.
Breaches
Ashwell Recycled Timber Products pleaded guilty to two breaches of Regulation 5(1) and one of Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998:
Ashwell Recycled Timber Products was fined £12,000 and ordered to pay costs of £2,831.75.
