Climate Greenspace Health and Safety Legal Update: July 2021


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


 
 
 
 
July 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

Keeping workplaces safe as coronavirus (COVID-19) restrictions are removed

The HSE has published updated guidance on controlling the risk of workplace transmission of COVID-19. This reflects the continued relaxation of legal requirements across Great Britain.

The duty to prepare and maintain a risk assessment and to control COVID-19 risks remains. The following workplace controls also remain unchanged:

 

Ventilation and air conditioning during the coronavirus (COVID-19) pandemic

This guidance was updated during July 2021 to reflect changes to COVID-19 restrictions in England.

 

 

DEPARTMENT FOR ENVIRONMENT, FOOD AND RURAL AFFAIRS (DEFRA)

How to comply with REACH chemical regulations

This guidance now reflects that the Comply with UK REACH service may be used to manage joint UK REACH registrations. This includes claiming the lead registration role.

 

 

MINISTRY OF HOUSING, COMMUNITIES & LOCAL GOVERNMENT

Building Safety Bill: factsheets

Three factsheets have been provided on the Building Safety Bill:

 

 

EUROPEAN CHEMICALS AGENCY (ECHA) (EU)

Candidate List updated with eight hazardous chemicals

The following chemicals have been added to the candidate list of substances of very high concern (SVHCs) under the EU version of REACH. This may affect companies in the European Economic Area or Northern Ireland and Great British companies exporting chemicals to the EU or Northern Ireland.

  • 2-(4-tert-butylbenzyl)propionaldehyde and its individual stereoisomers
  • Orthoboric acid, sodium salt 
  • 2,2-bis(bromomethyl)propane1,3-diol (BMP);
    2,2-dimethylpropan-1-ol, tribromo derivative/3-bromo-2,2-bis(bromomethyl)-1-propanol (TBNPA);
    2,3-dibromo-1-propanol (2,3-DBPA)
  • Glutaral
  • Medium-chain chlorinated paraffins (MCCP) 
    (UVCB substances consisting of more than or equal to 80% linear chloroalkanes with carbon chain lengths within the range from C14 to C17)"
  • Phenol, alkylation products (mainly in para position) with C12-rich branched alkyl chains from oligomerisation, covering any individual isomers and/ or combinations thereof (PDDP)
  • 1,4-dioxane
  • 4,4'-(1-methylpropylidene)bisphenol
 
 
 
 
 
 
 
Offences
 
 

Fines for juice manufacturer after employee loses three fingers

AMC Freshly Squeezed (UK) Ltd, a manufacturer of fruit juices, has been fined after an employee had three fingers of their right hand severed while at work.

On 25 July 2019, a production operative was carrying out the daily task of cleaning the extraction area at the premises in Whitemoss Business Park, Skelmersdale. The screw conveyor, which is used for removing waste pulp and peel from the building, was being cleaned when the employee noticed that no water or debris was exiting the drain as it normally would. In an attempt to remove the blockage, the worker inserted their hand through the drain hole. This resulted in the severing of two fingers below the second knuckle and one below the first.

The hospital attempted to reattach the fingers but was unsuccessful. The worker has since been unable to resume their former employment.

An HSE investigation  found that although removal of the drain plug was done daily, the company failed to identify and therefore eliminate the dangers involved in accessing the moving parts of the open drain point of the screw conveyor. No risk assessments were undertaken and no safe systems of work were in place. The company did not provide staff with adequate training or make them aware of the dangers associated with the machinery being used.

Breach

AMC Freshly Squeezed (UK) 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

AMC Freshly Squeezed (UK) Ltd was fined £16,000 and ordered to pay costs of £2,400.

 

 

Fines after company pleads guilty to health and safety failings that led to a fatality

Stokes Group Ltd has been fined after an employee suffered a fatal injury when he fell from height from a mobile tower scaffold.

On 19 June 2019, a maintenance fitter was fatally injured after falling from a tower scaffold whilst dismantling a Eumuco 2000 Tonne Forging Press.

An HSE investigation found the company had failed to have a safe system of work in place for the dismantling of the forging press. It was also found the company did not provide information, instruction and training for the task. The mobile scaffold tower was erected without suitable and sufficient measures, namely guard rails, to prevent a person falling a distance liable to cause injury.

Breach

Stokes Group Ltd pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974.

Penalty

Stokes Group Ltd was fined £50,000 and ordered to pay costs of £2,885.20.

 

South Yorkshire oil and chemical manufacturer fined after an employee suffered chemical burns

Granville Oil & Chemical Company Ltd has been sentenced after a worker suffered chemical burns to both arms and one leg.

On  27 September 2016, a worker was making engine degreaser at a plant in Rotherham when they were involved in a spillage incident. The product being manufactured was made by blending Ultra-Concentrate with water.

The worker was using a forklift truck to lift a container carrying 1,000 litres of Ultra-Concentrate in order to decant 250 litres of the concentrate into three containers on the ground, each of which contained 750 litres of water. The company had specifically manufactured a rigid metal pipe to transfer the concentrate from one container to another.

As the worker drove the forklift truck into position, the forks of the truck suddenly dropped one or two feet. This caused the metal transfer pipe to hit the ground and break. Ultra-Concentrate began to cascade out of the container. Having exited the cab of the forklift truck, the worker put his hand over the damaged valve to try and stem the flow. A large pool of concentrate had already formed on the ground and he stood in it to reach the valve. The worker suffered chemical burns to both arms and one leg which required hospital treatment.

An HSE investigation found the worker had no eye protection and his clothes were soaked in Ultra-Concentrate. He wore only safety boots, a high visibility waist coat and a pair of latex gloves. The HSE found that there was no drench shower on site and workers were given no assistance or instructions to change from clothing or wash properly in the event of contact with harmful substances.

Breach

Granville Oil & Chemical Company Ltd pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974.

Penalty

Granville Oil & Chemical Company Ltd was fined £100,000 and ordered to pay £9,928.60 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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