New publications this month:

HM GOVERNMENT

Windsor Framework

On 27 February 2023, the Windsor Framework was agreed in principle. Although adoption in the UK is subject to a vote in parliament, the framework proposes a suite of amendments to the Northern Ireland Protocol to simplify the transfer of goods between Great Britain and Northern Ireland.

The proposals will establish two routes for goods imported to Northern Ireland from Great Britain:

• A ‘Green lane’ for goods to be internally traded within the UK only. This will apply to goods that may only be consumed in Northern Ireland. These would be subject to UK-only rules and a new internal market scheme, requiring only commercial information rather than applying the rules on international imports into the EU. Suppliers would need to be able to show the goods will stay in Northern Ireland.
• A ‘Red lane’ for goods that will be or are at risk of supply into the EU (e.g. into the Republic of Ireland), which will remain subject to all checks and requirements applied through EU rules.

The framework is supported by a range of commitments, including on phytosanitary and food safety. Internal trade between Northern Ireland and Great Britain will be subject to arbitration, rather than the jurisdiction of the European Court of Justice.

A new mechanism, the ‘Stormont Brake,’ will allow the UK Government to veto new EU rules from applying in Northern Ireland. This veto may be challenged through independent arbitration mechanisms.

DEPARTMENT FOR LEVELLING UP, HOUSING AND COMMUNITIES

Developer remediation contract: resident factsheet

Key information is provided on this contract for residents of buildings where developers have pledged to remediate historic fire safety defects.

MARITIME AND COASTGUARD AGENCY (MCA)

MGN 676 (M) Unmanned non-self-propelled barges – MARPOL Annexes I and IV Exemptions

A new Marine Guidance Note concerns the criteria that must be met for unmanned non-self-propelled barges to qualify for partial exemptions against survey and certification requirements under MARPOL Annexes I and IV.

Company and director fined after failing to provide welfare facilities

An East Sussex firm and its director have been fined for failing to provide welfare facilities while conducting refurbishment of a two-storey flat in North London.

During an inspection on 29 November 2021, the HSE found that welfare facilities did not meet the minimum requirements of Schedule 2 to the Construction (Design and Management) Regulations 2015. The toilet provided did not flush, was in a room without a door and there was no sink, no hot water, no soap or towels. Cold water was only available from a pipe in the rom next to the toilet. No rest area had been provided either.

The HSE issued an improvement notice requiring the firm to provide suitable welfare facilities. However, during a second inspection on 5 January 2022, the HSE found that no sufficient improvements had been made as required by the improvement notice.

Breaches

ID8 Design and Build Limited pleaded guilty to breaching Section 33(1)(g) of Health and Safety at Work Act 1974:

• Section 33(1)(g) makes it an offence to contravene any requirement or prohibition imposed by an improvement notice or a prohibition notice.

The director of the company pleaded guilty to breaching Section 33(1)(g) of the Health and Safety at Work Act 1974 by virtue of Section 37(1).

• Section 37(1) applies where a proven offence was committed by a body corporate with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, and makes these persons guilty of that offence and liable to be proceeded against and punished accordingly.

Penalties

ID8 Design and Build Ltd was fined £1,334 and ordered to pay £1,748 in costs.

The director was fined £416 and ordered to pay £1,622.07 in costs.

Company fined after an employee fell to their death working on a roof

An electrical services company has been fined after an employee fell to their death at work/

On 24 February 2021, the employee was lowering access equipment from a roof at a site in Warrington. The employee was using a rope attached to a frame at roof level and a handrail at ground level. While completing the task, both the man and the frame fell from the roof to the ground.

The HSE found that the man’s employer, PTSG Electrical Services Limited, had failed to adequately assess the risks associated with this work. The employer had chosen personal protection measures over collective protection measures, such as scaffolding or a mobile elevating work platform (MEWP). Additionally, no plan was provided for getting the rope access equipment onto and off the roof safely and no instructions were provided to the operatives.

Breach

PTSG Electrical Services Limited pleaded guilty to breaching Section 2(1) of 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

PTSG Electrical Services Limited was fined £120,000 and ordered to pay £5,448.51 in costs.

Company fined for health and safety failings at building site

A Cheshire company has received a five-figure fine after a catalogue of health and safety failings were identified.

The HSE inspected a construction site in Alderley Edge on 9 October 2020, where former bank premises were being converted into offices. The HSE found many health and safety failings, including several areas where workers could have fallen from height, a risk of exposure to hazardous substances and inadequate welfare facilities.

The HSE served the company three prohibition notices, prohibiting unsafe activities, and five improvement notices, requiring the company to take remedial action to comply with the law.

It was found that the company had previously been the subject of enforcement action relating to unsafe work at height and both its construction sites and joinery workshop. The director of the company was also found to have failed to ensure necessary health and safety measures were implemented to protect employees and others.

Breaches

The company, Daniel Taylor Builder and Architectural Woodworker Limited, pleaded guilty of breaching Section 3(1) of the Health and Safety at Work Act 1974.

• Section 3(1) requires that employers ensure, so far as is reasonably practicable, that persons they do not employ who may be affected are not exposed to risks to their health and safety.

The director pleaded guilty to breaching Section 37(1) of the Health and Safety at Work Act 1974.

Penalties

Daniel Taylor Builder and Architectural Woodworker Limited was fined £20,000 and ordered to pay costs of £1,507.71.

The director of Daniel Taylor Builder and Architectural Woodworker Limited was fined £10, taking his early guilty plea, positive references and cooperation with the HSE into account, and ordered to pay costs of £1,507.71.