Climate Greenspace Health and Safety Legal Update: December 2022


Welcome to the Climate Greenspace Health and Safety Legal Update: December 2022 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.


 
 
 
 
December 2022
 
 
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)

L25: The Personal Protective Equipment at Work Regulations 1992 (as amended): Guidance on regulations

The L25 guidance has been updated to reflect changes to legislation since the previous version was published in 2015.

 

 

DEPARTMENT FOR BUSINESS, ENERGY AND INDUSTRIAL STRATEGY (BEIS)

Construction Products Regulation in Great Britain

CE product marking and declarations of conformity will now be recognised for construction products in Great Britain until 30 June 2025. This extends the previous deadline of 31 December 2022.

UK Conformity Assessment (UKCA) certification and marking may be used as an alternative to CE marking, which has been an option since 1 January 2021.

 

 

HOME OFFICE

Check your fire safety responsibilities under the Fire Safety (England) Regulations 2022

This document explains the duties of responsible persons under the Fire Safety (England) Regulations 2022.

 

 

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

Fire safety: Approved Document B

Updated versions of Approved Document B (Fire Safety) under the Building Regulations 2010 have been published, reflecting 2022 amendments that are now in force:

 

 

SCOTTISH GOVERNMENT

External wall systems in existing multi-storey residential buildings - fire risk: advice note - version 2

An updated version of this advice note was published in December 2022.

 

 

HEALTH AND SAFETY EXECUTIVE NORTHERN IRELAND (HSENI)

This updated document provides guidance on duties under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (Northern Ireland) 1997.

 

 

MARITIME AND COASTGUARD AGENCY (MCA)

The following marine notes and notices regarding occupational health and safety were published or amended during December 2022:

 
 
 
 
 
 
 
Offences
 
 

Chemicals company fined after employee suffers serious burns in an explosion

A chemical and coatings manufacturer has received a six-figure fine after an employee was seriously injured at work.

On 4 August 2020, an employee was making paint at International Paint Limited’s premises in Gateshead, which involved the use of flammable liquids. As the employee was adding resin pellets from a bulk bag to a large mixing vessel, a spark was generated, igniting the flammable vapour and causing a large explosion.  The employee was left with all-over body scarring, partial blindness to one eye, hearing damage and damage to a knee and shoulder.

An HSE investigation found that insufficient measures were put into place by the company including a failure to correctly use working extraction systems and a lack of effective electrical earthing.

Breach

International Paint Limited 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 reasonably practicable, the health, safety and welfare at work of all employees.

Penalty

International Paint Limited was fined £800,000 and ordered to pay £14,032 in costs.

 

 

Building firm fined after worker falls through collapsed floor

A building company has been fined after a worker was injured when a floor that was under construction collapsed.

On 23 June 2021, a Lusson Ltd worker was one of three people on the incomplete first floor of a building being constructed in Croydon. Several pallets of blocks were lifted onto the incomplete concrete beam and block floor using a loader crane, causing the floor to collapse. The worker fell to the ground and suffered an open fracture to his left leg as well as a broken wrist.

An HSE investigation found that Lusson Ltd did not take any steps to prevent falls from height and they had failed to establish a safe system of work for this task.

Breach

Lusson Ltd pleaded guilty to breaching Regulation 13(1) of the Construction (Design and Management) Regulations 2015:

  • Regulation 13(1) requires that the principal contractor plans, manages and monitors the construction phase and coordinate matters relating to health and safety during the construction phase to ensure that, so far as is reasonably practicable, construction work is carried out without risks to health or safety.

Penalty

Lusson Ltd was fined £66,667 and ordered to pay £1,907 in costs.

 

 

Food company fined after worker has arm amputated

David Wood Baking Limited has been fined after an employee’s arm was amputated after becoming entangled in an industrial food mixer.

On 27 September 2021, the employee was removing filling ingredients from a paddle mixer when his right hand and arm were drawn in. The employee’s arm had to be surgically removed.

An HSE investigation found that the control measures in place to prevent contact with moving parts were ineffective as the guarding of the mixer was routinely not replaced after cleaning. The ‘interlocking’ system was also defeated which meant the mixer would still operate without the front guard in place.

Breach

David Wood Baking Limited pleaded guilty to breaching Regulation 11(1)(b) of Provision and use of Work Equipment Regulations 1998:

  • Regulation 11(1)(b) requires that employers ensure that measures are taken to stop the movement of any dangerous part of machinery or rotating stock bar before any part of a person enters a danger zone.

Penalty

David Wood Baking Limited was fined £858,000 and ordered to pay £8,000 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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