Climate Greenspace Health and Safety Legal Update: August 2021


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


 
 
 
 
August 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

Notification of status as a GB-based downstream user or distributor under EU REACH

This guidance has been updated by the HSE.

 

UK REACH

Draft recommendations for addition to the list of substances subject to authorisation

The HSE has recommended that two substances are moved across to the authorisation list: disodium octaborate and dicyclohexyl phthalate (DCHP). These are subject to consultations launched in August 2021.

 

Initial assessments of some substances recently recommended by ECHA for inclusion in Annex 14 of EU REACH

This document presents the UK REACH position on substances that ECHA has proposed to include on the authorisation list.

 

 

DEPARTMENT FOR BUSINESS, ENERGY AND INDUSTRIAL STRATEGY (BEIS)

Placing manufactured goods on the market in Great Britain

On 24 August 2021 it was announced that goods that previously required CE marking are not required to use UKCA marking until 1 January 2023. CE marked items may continue to be placed on the market until this date.

This presents a one year extension from the initial deadline for the adoption of UKCA marking only.

 

 

SCOTTISH GOVERNMENT

Scottish Advice Note: Determining the fire risk posed by external wall systems in existing multi-storey residential buildings

Advice is provided on determining the fire risk external wall systems pose on existing multi-storey residential buildings.

 

 

WELSH GOVERNMENT

Water mist systems guidance

Advise is provided on the use of automatic water mist systems in domestic and residential premises to satisfy requirements of on automatic fire suppression systems under Regulation 37A of the Building Regulations 2010 in Wales.

 
 
 
 
 
 
 
Offences
 
 

Construction company fined for numerous health and safety failings

Urban Living Constructions Limited has been fined after an inspection identified multiple health and safety failings.

An HSE inspection of a construction site in Roseneath Road, London on 5 August 2019 identified a range of breaches. These included locations on site that had no edge protection to prevent falls, including a plank that traversed a basement extension to provide access into the property. There were also insufficient measures in place to prevent the collapse of the sides of a large excavation.

Previous HSE inspections had been undertaken at other Urban Living Constructions sites between 2015 and 2019. During this time two prohibition notices were served in relation to unsafe work at height and one prohibition notice was served in relation to an unsafe excavation.

Breach

Urban Living Constructions Limited pleaded guilty to a 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

Urban Living Constructions Limited was fined £50,000 with costs of £6,578.84.

 

 

Shipbuilder fined after employee fatality

Carmet Marine Limited, a shipbuilding and repair company in Merseyside, has been fined after an employee was fatally injured.

On 30 March 2017, the 23-year-old employee and four other workers of Carmet Marine Limited had been adapting or ‘regulating’ the bogie, which is used to land and launch vessels on and off the company’s slipway by the River Mersey. One of the bogie’s steel side-posts, weighing approximately 1800 kilograms and measuring 31 foot long, fell. This post struck the employee on the back of the head, causing fatal injuries.

An HSE investigation found that the steel side-post had only been secured to the crossbeam on the bogie by two slackened bolts and was not supported by a crane or other means at the time of the incident.

Carmet Marine Limited failed to carry out a suitable and sufficient risk assessment and implement a safe system of work. In addition, the company did not provide the information, instruction, training and supervision necessary to ensure the health and safety at work of its employees during the task of regulating the slipway.

Breach

Carmet Marine Limited of Riverbank Road, Bromborough, Wirral, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974.

Penalty

Carmet Marine Limited was fined £25,000 and ordered to pay costs of £15,000.

 

 

Fines for company after workers developed hand-arm vibration syndrome (HAVS)

Peter Duffy Ltd, a construction company from Wakefield, has been sentenced for safety breaches after multiple employees were diagnosed with Hand Arm Vibration (HAVS).

Seven cases of HAVS were reported by the company between November 2016 and August 2018. All of the workers affected had been undertaking ground works involving vibrating tools. Many of the workers affected had been working in the industry for over 20 years.

An HSE investigation found that in 2016 the company contracted a new occupational health provider to replace their existing one. The diagnosis of the workers’ conditions resulted from these changes. Prior to the new company taking over the contract, there was no suitable health surveillance in place to identify HAVS.

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

Penalty

Peter Duffy Ltd has been fined £40,000 and was ordered to pay £3,919 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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