Climate Greenspace Health and Safety Legal Update: June 2021


Welcome to the Climate Greenspace Health and Safety Legal Update: June 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.


 
 
 
 
June 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 NORTHERN IRELAND (HSENI)

UK REACH Work Programme

The HSE has published its work programme for 2021/2022 under the UK REACH regime. This primarily concerns the period until 31 March 2022. Activities planned include monitoring, enforcement and the evaluation of substances, including identifying substances of very high concern (SVHCs).

 

Safety Alert: Catastrophic failure of marine loading arm

This safety alert is targeted towards all users of marine loading arms and suppliers or servicing companies for this equipment. This follows an HSE investigation where concerns were raised that not all components were suitably inspected and maintained.

 

 

HEALTH AND SAFETY EXECUTIVE NORTHERN IRELAND (HSENI)

Always Ask for the Asbestos Register – Dutyholders

Guidance is provided on the duty to identify asbestos and maintain records.

 

Always ask for the Asbestos Register - Tradespeople

Guidance is provided to tradespeople on asbestos risks and the prevention of exposure when working on the premises of others.

 

 

MINISTRY OF HOUSING, COMMUNITIES & LOCAL GOVERNMENT

Fire safety and high-rise residential buildings (from 1 August 2021)

Advice is provided on requirements to ensure fire safety matters are addressed at the planning stage for ‘relevant high-rise residential buildings’. These requirements will apply from 1 August 2021.

 

 

OFFICE OF RAIL AND ROAD (ORR)

Principles for managing level crossing safety

Guidance is provided on the management of level crossings.

 
 
 
 
 
 
 
Offences
 
 

Manufacturer of agricultural machinery fined after worker has arm amputated after an injury

Superior Machines Ltd has been fined for safety breaches after a 68-year-old worker suffered life-threatening injuries at work.

On 25 January 2019, the worker became entangled on either the rotating workpiece or the chuck of a manual lathe as it rotated. He sustained extensive injuries including a punctured lung, broken neck, fractures to the back, ribs, arm and shoulder blade. He subsequently had his left arm amputated at the shoulder.
An HSE investigation found that machinery standards across the site were poor and many machines were unguarded.

The HSE issued three prohibition and five improvement notices. These concerned machine guarding, welfare and management issues.

Breach

Superior Machines 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

Superior Machines Ltd was fined £60,000 and ordered to pay costs of £7,618.

 

 

Car dealership fined after apprentices receive chemical burns

A Mercedes-Benz dealership in Leicester has been fined after two apprentices were exposed to hazardous substances at work.

On 15 March 2018 two apprentices were working at the dealership, cleaning vehicle ramps in the workshop using a chemical from an unlabelled barrel. Exposure to this chemical caused burns to their hands and arms. The burns resulted in both apprentices being taken to hospital for treatment.

An HSE investigation found that the company failed to ensure that exposure to this hazardous substance was either prevented or adequately controlled.

Breach

Cruickshank Motors Limited (trading as Mercedes-Benz of Northampton) was found guilty of breaching Regulation 7(1) of the Control of Substances Hazardous to Health Regulations 2002.

  • Regulation 7(1) requires employers to ensure the exposure of employees to substances hazardous to health is either prevented, or if this is not reasonably practicable, adequately controlled.

Penalty

Cruickshank Motors Limited (trading as Mercedes-Benz of Northampton) was fined £360,000 and ordered to pay costs of £12,622.

 

 

Worker exposure to lead dust leads to fine for bell manufacturer

John Taylor Bell Foundry (Loughborough) Ltd has been sentenced for safety breaches after workers were exposed to harmful lead dust.

On 20 March 2019 workers were undertaking the repair and refurbishment of church bells at St Peter’s church in Barton-Upon-Humber. This project involved stripping off rust and old paint from the metal bell frame and fittings. After work had already been underway for some time, the old paint was confirmed to contain lead.

An HSE investigation found that the workers that had been stripping the paint were exposed to harmful lead dust. This was because they had been using power tools that generate excess levels of dust. The company did not apply proper cleaning techniques or personal protective equipment (PPE).

Breach

John Taylor Bell Foundry (Loughborough) Ltd pleaded guilty to breaching Regulation 5(1), of the Control of Lead at Work Regulations 2002.

  • Regulation 5(1) prohibits employers from undertaking work liable to expose employees to lead unless a suitable and sufficient risk assessment has been undertaken and steps needed to comply with these regulations have been identified and applied.

Penalty

John Taylor Bell Foundry (Loughborough) Ltd was fined £13, 333 and ordered to pay £6,469.90 in costs.

 
 
 
 
 
 
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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