New publications this month:

HEALTH AND SAFETY EXECUTIVE

Controlling Noise at Work: The Control of Noise at Work Regulations 2005: Guidance on Regulations (L108)

This guidance has been updated to reflect changes to legislation, improvements to technology and the HSE’s experience.

Safety Case Principles for High-rise Residential Buildings

This document presents the HSE’s early messages on the development of safety cases for high-rise residential buildings. This supports plans as part of reforms to the safety of high-rise residential buildings.

Stress Indicator Tool (SIT)

The HSE has made the SIT available for employers with up to 50 employees.

Work Right: Dust Kills

During October 2021 a campaign was launched on dust exposure at Construction sites. A range of guidance was collected online for Employers, Construction Workers and Small Builders.

Lone working: Protect those working alone

A range of guidance has been published on tackling risks associated with lone work. This includes a video providing advice and specific guidance for lone workers themselves.

Guidance on Volunteering

The HSE has published guidance on employers taking on volunteers. This provides advice on duties, including when to report incidents involving volunteers under RIDDOR.

Safety Notice: Wheeled loading shovels in waste and recycling

This notice concerns action needed to prevent collisions between wheeled loading shovels and pedestrians.

DEPARTMENT FOR LEVELLING UP, HOUSING AND COMMUNITIES AND MINISTRY OF HOUSING, COMMUNITIES & LOCAL GOVERNMENT

Building Safety Bill: factsheets

A series of factsheets have been published on aspects of the Building Safety Bill:

• Dutyholders
• Industry competence
• Buildings included in the new more stringent regulatory regime
• Impact Assessment
• Building control regime for higher-risk buildings (Gateways 2 and 3)
• Safety Case
• Safety management systems
• Mandatory Occurrence Reporting
• Building Safety Regulator
• Amendments to the Regulatory Reform (Fire Safety) Order 2005
• Accountable Persons
• Golden thread
• Refurbishments
• Building control registration and regulatory oversight
• Wider changes to the Building Act 1984
• Building Safety Levy
• Architects Competence
• Architects Fees
• Building registration and certification
• Building Safety Charge: factsheet for landlords & building owners
• Building Safety Charge: factsheet for leaseholders
• Building Safety Manager
• Construction products regulatory framework
• Fire Safety Order interaction with the new regime for higher-risk buildings
• National regulator for construction products
• New Homes Ombudsman
• Residents’ Voice
• Special Measures
• Building Assessment Certificate: transitional arrangements for existing buildings

OFFICE OF ROAD AND RAIL (ORR)

Guide to the Railways and Other Guided Transport Systems (Safety) Regulations 2006 (ROGS)

This guide has been updated to reflect impacts on legislation as a result of the UK’s exit from the EU.

Construction company fined after employees were exposed to asbestos

MS Properties (Northern) Ltd has been fined after employees were exposed to asbestos when removing false ceiling tiles during a shop conversion in Hull.

The Court heard that the company had not commissioned a refurbishment asbestos survey prior to the work commencing in 2019. Employees removed over 1000m2 of asbestos insulation board (AIB) ceiling tiles in an uncontrolled manner, exposing them to asbestos.

An HSE investigation found that the company’s director, and the casual labourers they employed, spent approximately three to four weeks removing the suspended ceiling, along with the ceiling tiles which contained asbestos. This work was undertaken to install new stud walls to divide the shop floor into separate units.

The labourers were unskilled and untrained. They were provided with a claw hammer to knock the tiles down. The asbestos-containing tile debris was then shovelled or collected into approximately 62 one tonne bags.

Breach

MS Properties (Northern) Ltd pleaded guilty to breaching Regulation 5 of the Control of Asbestos Regulations 2012:

• Regulation 5 requires that employers do not undertake work in demolition, maintenance or other work which exposes or is liable to expose employees to asbestos unless:
  • a suitable and sufficient asbestos as to whether asbestos, what type of asbestos, contained in what material and in what condition is liable to be present in the premises; or
  • If there is doubt as to whether asbestos is present in those premises, the employer assumes that asbestos is present (and is not chrysotile alone) and observes applicable provisions of the regulations.

Penalty

MS Properties (Northern) Ltd was fined £16,000, ordered to pay £3,011.87 in costs and a victim surcharge of £190.

Food manufacturer fined after employee was crushed in a cooking machine

A food manufacturer in Lincolnshire has been fined after an employee sustained two broken ribs whilst working to clear a blocked water inlet.

The employee was crushed in the industrial cooking machine after its safety systems were over-ridden and the machine was worked on whilst it was live. It should have been isolated before work on it began.

An HSE investigation found that the task was carried out by the employees in this fashion regularly and that the company should have been aware of this. 

No risk assessment had been undertaken of the task and a safe system of work was not provided to carry it out. The lack of a safe system of work and the company’s failure to monitor how the work was done led employees to devise their own way of conducting the procedure: this included over-riding the safety systems and using unsafe working practices.

Breach

Bakkavor Fresh Cook Ltd of Spalding pleaded guilty of one breach of Section 2(1) of the 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

Bakkavor Fresh Cook Ltd was fined £130,000 and ordered to pay costs of £2607.10.

Luxury yacht manufacturer fined after employee was seriously injured during lifting operation

A yacht manufacturer from Northamptonshire has been fined after a worker suffered serious crush injuries during a lifting operation.

On 3 December 2018 an employee was using an overhead crane to lift a storage cage at Fairline Yachts manufacturing facility in Oundle. This approach was taken as there was no goods lift in the manufacturing unit. As the cage was lifted it began to tip and fall in the direction of the employee. The cage trapped his hand against a boat trolley causing serious crushing injuries to the employee’s dominant right hand.

An HSE investigation found that the lifting operation was not properly planned by a competent person, appropriately supervised or carried out in a safe manner.

Breach

Fairline Yachts Limited pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974.

Penalty

Fairline Yachts Limited was fined £230,000 and ordered to pay costs of £7,410.