Climate Greenspace Health and Safety Legal Update: June 2023


Welcome to the Climate Greenspace Health and Safety Legal Update: June 2023 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 2023
 
 
Congratulations. There are no changes to the legislation or other requirements in your legal register.
 
 
 
 
 
 
 
 
Recent Publications
 
 

New publications this month:

DEPARTMENT FOR LEVELLING UP, HOUSING AND COMMUNITIES

Criteria for being a higher-risk building during the occupation phase of the new higher-risk regime

This new guidance concerns statutory criteria for determining whether a building is considered a higher-risk building under the Building Safety Act 2022 and the Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023. The guidance relates to the occupation phase of higher-risk buildings.

 

 

HEALTH AND SAFETY EXECUTIVE

Safety notice: Pop-up toilets: Risk of crushing

This notice concerns a risk of crushing when people are underneath a raised, unpropped pop-up toilet. The notice follows an incident where a worker was killed when the pop-up toilet they were working on lowered.

 

 

MARITIME AND COASTGUARD AGENCY (MCA)

The following Marine Guidance Notes and Merchant Shipping Notices relevant to occupational health and safety were published or updated during June 2023:

 

 

EUROPEAN CHEMICALS AGENCY (ECHA): EU AND NORTHERN IRELAND

ECHA’s committees: EU-wide PFAS ban in firefighting foams warranted

Proposed restrictions on PFAS in firefighting foams have been accepted by ECHA’s Committee for Socio-Economic Analysis (SEAC).

 

ECHA adds two hazardous chemicals to Candidate List

Two further Substances of Very High Concern (SVHC) have been designated:

  • Diphenyl(2,4,6-trimethylbenzoyl)phosphine oxide; and
  • Bis(4-chlorophenyl) sulphone.
 
 
 
 
 
 
 
Offences
 
 

Business park operator fined after worker injured in fall from height

An operator of a business park in Runcorn has been fined after a worker fell more than 13 feet through a fragile roof.

On 17 June 2021 the worker fell when he was carrying out repairs on the Heath Business and Technology Park. The worker tripped and fell through an unprotected skylight and his fall was partially broken by rubber matting on the floor, which may have prevented even more serious injury. The worker sustained life-threatening injuries, including a fractured skull and collapsed lung because of the fall.

The work had not been properly planned, and risk factors had not been identified and managed.

An HSE investigation found that the company had been carrying out the work on the roof for almost three weeks. Despite regular checks by the engineering manager, no measures were taken to mitigate the dangers posed by the presence of weaker skylight panels. These parts of the roof should have been covered or had perimeter barriers put in place to prevent access.

Breach

SOG Resources 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 is reasonably practicable, the health, safety and welfare at work of their employees.

Penalty

SOG Resources Limited was fined £13,000 and was ordered to pay £2,666 costs.

 

 

Fines for health care provider after chlorine gas release

A private health care provider has been fined after three workers received treatment following exposure to chlorine gas.

An engineer was working at The Hampshire Clinic in Basingstoke when he was exposed to the potentially deadly gas on 11 March 2021.

The engineer had been hired by Circle Health Group, the firm that runs The Hampshire Clinic, and was asked to reduce the PH levels in the clinic’s hydrotherapy pool. There were no trained employees for the safe operation of pool plant and the engineer had not been fully trained in chlorine dosing operations or chemical storage.

The engineer added sodium hydrogen sulphate, also known as sodium bisulphate, to the pool’s sodium hypochlorite tank which caused a reaction and resulted in the release of chlorine gas.

The engineer was exposed to the gas and taken to hospital where he was given oxygen. Two other workers at The Hampshire Clinic were affected by the gas exposure and were treated by doctors at the site.

Chlorine gas exposure can be fatal in minutes.  Analysis by HSE’s Science Division indicated that the maximum volume of chlorine gas produced was nearly 8000 times over the workplace exposure limit (WEL) and nearly 400 times over the Immediately Dangerous to Life or Health (IDHL) Limit.

An HSE investigation found that Circle Health Group fell far short in ensuring the health, safety and welfare of both its employees and contractors.  Circle Health Group failed to put in place recognised industry standards of suitable risk assessments, adequate training as well as instructions and safe systems of work for the handling and mixing of chemicals.

Breaches

Circle Health Group Limited pleaded guilty to breaching Section 2(1) and 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.

Penalty

Circle Health Group Limited was fined £160,000 and ordered to pay £12,520.03.

 

 

Plastic manufacturer fined after Legionella outbreak

A plastics manufacturing company in West Bromwich has been fined after it put workers and the public at risk of being infected with potentially deadly bacteria.

The HSE investigated Riaar Plastics Limited after members of the public became infected with Legionnaires’ disease in September 2020.

Five people were infected with the potentially deadly lung infection. One person was taken to intensive care and put on a ventilator after being infected.

Riaar Plastics Limited was fined for failing to manage the risk of Legionella. The HSE found that water-cooling towers inherited by Riaar Plastics Limited at its site  in West Bromwich were in an extremely poor condition. This allowed Legionella bacteria to grow in the water-cooling towers and pipes, exposing employees and members of the public to risks of significant ill health.

People can contract Legionnaires’ disease when they breathe in small droplets of water in air that contains the Legionella bacteria.

Breaches

Riaar Plastics Limited pleaded guilty to breaching Section 2(1) and Section 3(1) of the Health and Safety at Work Act 1974.

Penalty

Riaar Plastics Limited was fined £50,000 and ordered to pay £11,000 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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