Climate Greenspace Health and Safety Legal Update: April 2021


Welcome to the Climate Greenspace Health and Safety Legal Update: April 2021 monthly email as part of your subscription to Waterman's Greenspace platform. The monthly updates show any:

  • new legal entries added to your register;
  • amendments to legal entries in your register; and
  • legal entries removed from your legal register.

It also contains links to new publications from Government and regulatory bodies and examples of relevant offences, highlighting how legislation is implemented and enforced in practice.
As well as receiving this update by email you will also find it saved on your Greenspace site under the Legal Register > Monthly Updates tab at the top of your Greenspace page.


 
 
 
 
April 2021
 
 
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)

Recognising your EU REACH registrations under UK REACH (grandfathering)

The deadline to submit a UK REACH ‘grandfathering’ notification for substances registered under EU REACH was 30 April 2021. This obligation also applied to substances subject to Process Orientated Research and Development (PPORD) exemptions from REACH.

Grandfathering notifications are required to continue UK market access for these substances.

 

Noise exposure calculator

The HSE has published an updated version of its noise exposure calculators.

 

New tools to prevent, reduce and manage stress in the workplace

A range of tools have been launched by the HSE to assist employers in addressing stress-causing factors. These include guidance on risk assessments, discussion toolkits, case studies and management standards.

The management standards cover six key areas of work design associated with the risk of stress:

  • Demands – this includes issues such as workload, work patterns and the work environment
  • Control – how much say the person has in the way they do their work
  • Support – this includes the encouragement, sponsorship and resources provided by the organisation, line management and colleagues
  • Relationships – this includes promoting positive working to avoid conflict and dealing with unacceptable behaviour
  • Role – whether people understand their role within the organisation and whether the organisation ensures that they do not have conflicting roles
  • Change – how organisational change (large or small) is managed and communicated in the organisation

 

Guidance for Gig Economy, Agency  and Temporary Workers

A range of guidance has been published for employers and workers in this sector:

 

Keeping workplaces safe as coronavirus (COVID-19) restrictions are eased – sources of advice

This guidance has been updated, reflecting relaxations to restrictions during April 2021.

 
 
 
 
 
 
 
Offences
 
 

Plumbing supplier and contractor fined after health and safety failings lead to building collapse

A plumbing supply company and its self-employed building contractor have been fined after construction work was not carried out safely at the company’s premises in Burnley.

On 21 October 2018, Northwest Plumbing Supplier Limited and its contractor were carrying out construction work on the retail building without measures to adequately plan, manage and monitor the work. Suitable measures were not in place to protect members of the public and operatives on site. Therefore, the work was not carried out safely and a large section of the building collapsed into the adjacent car park and across the main road.

An HSE investigation found that Northwest Plumbing Supplier Limited had failed to appoint a contractor with the appropriate skills, knowledge, experience and organisational capability. The investigation also found that the company had failed to adequately plan and manage the project.

The contractor had hired and sourced equipment and materials for the work but failed to ensure the structural integrity of the building. The contractor also failed to ensure lifting operations were carried out safely, which put members of the public at risk.

Breaches

Northwest Plumbing Supplier Limited pleaded guilty to breaching Regulation 13(1) of the Construction (Design & Management) Regulations 2015:

  • Regulation 13(1) requires principal contractors to plan, manage and monitor the construction phase and coordinate health and safety matters to ensure, so far as is reasonably practicable, construction work is undertaken without risk to health or safety.

The contractor pleaded guilty to breaching Section 3(2) of the Health and Safety at Work Act 1974:

  • Section 3(2) requires every self-employed person to conduct their undertaking in a way to ensure, so far as is reasonably practicable, that they and other persons are not exposed to risks to their health or safety.

Penalties

Northwest Plumbing Supplier Limited was fined £75,000 and ordered to pay costs of £10,843.

The contractor was sentenced to six months imprisonment suspended for 18 months and was ordered to pay costs of £750.

 

 

Worker injuries at fabric manufacturer lead to penalties

A manufacturer of plastic-coated fabrics has been fined after an employee’s hand was drawn into an unguarded part of a machine.

On 20 August 2019,  a machine operator at the site in Lancashire was carrying out work activities on a large embossing machine, known as the Briem machine. His hand became drawn into the nip point between two counter rotating rollers; referred to as the shell and the bole. The incident resulted in irreversible crush injuries to his right hand and the surgical amputation of three fingers.

For product quality, the shell roller needed to be kept at an ice-cold temperature. This was achieved by using water cooled from a chiller unit outside the building. Previous incidents leading up to the accident of the chiller “cutting out” had made it custom and practice for the operators to check the temperature of the moving roller by hand..

An HSE investigation found that there was insufficient guarding to the machine, with at least four exposed nip points. It was also found the company had a heavy reliance on training rather than engineering controls, such as fixed guarding.

Following the incident, the company is understood to have taken remedial measures to ensure machinery safety, including suitable guarding to prevent access to dangerous parts of the machine.

Breach

Uniroyal Global Ltd pleaded guilty to breaching 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

Uniroyal Global Ltd was fined £120,000 and ordered to pay costs of £5,462.75.

 

 

Asbestos removal contractor fined after fatal gas explosion

A contractor has been fined after a gas explosion led to a fatal injuries to one worker and serious injuries to another.

On 5 October 2017, workers were removing a boiler and pipework and overspraying walls to remove asbestos residue at the former Pastoral Centre in Wishaw.

The work was being carried out prior to demolition of the building. The plan was to cut the boiler and pipework into sections to make it easier to remove. However, the gas supply had not been isolated and the workers cut through a live gas outlet pipe. The gas within the pipe was ignited, causing an explosion.

Two workers received extensive burns to their body and underwent surgery. One of the employees died in hospital several days after the incident.

An HSE investigation found that the risk assessment and plan of work for the job had identified services present in the boiler room. However, the company had failed to ensure the gas pipe was isolated and purged of gas before work began.

Breach

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

Penalty

Enviraz (Scotland) Limited was fined £150,000.

 
 
 
 
 
 
Kenny Wintle
e: kenny.wintle@watermangroup.com

Waterman Infrastructure & Environment Ltd
2nd Floor | Cubo | 38 Carver Street | Sheffield | S1 4FS | t: 0114 2298900
Pickfords Wharf | Clink St | London | SE1 9DG, t: 0207 928 7888

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