Climate Greenspace Health and Safety Legal Update: March 2024


Welcome to the Climate Greenspace Health and Safety Legal Update: March 2024 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.


 
 
 
 
March 2024
 
 
Congratulations. There are no changes to the legislation or other requirements in your legal register.
 
 
 
 
 
 
 
 
Recent Publications
 
 

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

Fire safety: Approved Document B

Volumes 1 and 2 of Approved Document B (Fire Safety) have been updated to reflect amendments in March 2024. This includes changes to requirements on the following:

Volume 1 (dwellings):

  • Means of escape in flats;
  • Fire safety information;
  • Requirements on fire doors;
  • Updated and new definitions support the changes above.

Volume 2 (Buildings other than dwellings):

  • Fire safety information, specifically concerning provisions to enable the evacuation of disabled people (including the location and mode of operation of evacuation lifts); and
  • Updated and new definitions support the change above.

 

 

DEPARTMENT FOR ENERGY SECURITY & NET ZERO AND HEALTH AND SAFETY EXECUTIVE

HSE’s role on 100% hydrogen heating

This document outlines how the HSE is supporting work on the safe distribution, storage and use of 100% hydrogen heating.

 

 

HEALTH AND SAFETY EXECUTIVE

HSG274: Legionnaires' disease technical guidance

Part 1 of this guidance (The control of Legionella bacteria in evaporative cooling systems) on the control of Legionella risks has been updated.

Changes include further information on the DPD No 1 testing method and the impacts that cooling water pH has on the efficacy of halogen-based biocides including chlorine and bromine.

The other two parts have not been updated:

 

Updated GB Mandatory Classification and Labelling (MCL) list

The GB Mandatory Classification and Labelling list has been updated to include 25 substances.

 

Safety alert: Manufacture, storage and carriage of thermites and thermite containing articles

The HSE has identified that thermites and thermite containing articles that meet the criteria for being classified for transport in Great Britain and the ADR area as Class 1 dangerous goods (as explosive substances and articles) are currently being transported either as non-dangerous goods or as Class 4.1 dangerous goods (flammable solids).

 

 

Building Safety Act Guidance

The following documents relating to the higher-risk building safety regime were published or updated during March 2024:

 

 

MARITIME AND COASTGUARD AGENCY (MCA)

The following notes and notices relevant to occupational health and safety were published or updated during March 2024:

 

 

 
 
 
 
 
 
 
Offences
 
 

Company fired after worker suffers electrical burns

A company has been fined after a worker sustained serious burns to their body.

On 12 May 2020, a man was working alongside a colleague on new apartment blocks at Salford when an electrical flash blew him backwards and burnt his arms and face. The man underwent multiple surgeries after the incident and required skin grafts.

The pair were working on the building’s main switchboard, with nearby bus bars left live with electricity and covered by a guard panel. However, a gap in the guard panel led to a nut rolling behind and coming into contact with the live bus bars. This caused an electrical flash, which blew the man backwards and burnt his arms and face.

An HSE investigation into this incident found that Aberla M&E Limited had incorrectly assumed the guard panel provided sufficient separation of the workers from the live bus bars. The company had failed to take into account a gap in the guard panel, which risked items and fingers from coming into contact with the bus bars. There was also a failure to issue a permit to work on or near live components, which resulted in the main switchboard being left live. There was a lack of live works monitoring by the company, with the electrical site manager rarely visiting the work area.

Guidance

HSE guidance states employers must produce a risk assessment prior to working with electricity. The risk assessment must cover who could be harmed by electrical hazards, how the level of risk has been established and the precautions taken to control the risk.

Breach

Aberla M&E Limited pleaded guilty to breaching Section 3(1) of the Health and Safety at Work Act 1974:

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

Penalty

The company was fined £40,000 and ordered to pay £20,000 in costs.

 

 

Food manufacturer fined after two workers lost fingers

Pork Farms Limited, a manufacturer of savoury food including pork pies and quiches, has been fined after two young workers lost fingers in incidents at two different bakeries in Nottingham.

On 16 November 2022, a worker had his hand trapped while trying to clear a blockage on a conveyor at the firm’s Tottle Bakery. He had to have a finger amputated after his hand was trapped between a chain and sprocket on the conveyor.

On 24 December 2023, a second worker suffered similar injuries at the Riverside Bakery. The worker also had a finger amputated as a result of coming into contact with a rotating shaft on a conveyor.

An HSE investigation found that dangerous parts of both conveyors were accessible at the time of each incident. At the Tottle Bakery, an unsuitable interlock was used on a hinged guard over a chain conveyor system. An inadequate inspection and maintenance regime led to this interlock failing.

At the Riverside Bakery, a section of the driveshaft of a lineshaft style conveyor was unguarded and spacing of the rollers was sufficient for a person’s arm to pass through and reach the driveshaft below. In addition to physical guarding issues, there was no warning system to give notice that the conveyor was about to start working and emergency stop controls were not readily accessible.

Breaches

Pork Farms Limited pleaded guilty to breaching Section 2(1) and Section 3(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.
  • Section 3(1) requires employers to ensure, so far as is reasonably practicable, that persons who are not employees who may be affected are not exposed to risks to their health and safety.

Penalties

Pork Farms Limited was fined £600,000 for the incident at the Tottle Bakery and £200,000 for the incident at the Riverside Bakery. The company was also ordered to pay costs of £6,482.

 

 

Pizza manufactured fined after worker injuries

A producer of supermarket pizzas has been fined after two workers suffered serious injuries at its factory in Bolton.

On 8 January 2020, one man had his arm drawn into an inadequately guarded conveyor belt at the factory. The injury to his arm resulted in the removal of muscle and required a skin graft. The man has not returned to work since the injury and has been diagnosed with hypersensitivity in the affected arm.

On 14 October 2020, a second worker had part of his middle figure severed after his hand was drawn between a roller and a conveyor belt. The acting team leader had been told of an issue on the production line and gone to investigate when the horrific incident happened. Part of the man’s middle finger was removed and later a further part of this finger was removed as the tissue had not healed properly.

An HSE investigation found the company did not adequately guard their machinery, did not provide suitable and sufficient checks to ensure that their protective measures were working effectively and allowed the disabling of guarding systems and access to dangerous parts of machinery.

Breaches

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

Penalty

Stateside Foods Limited was fined £800,000 and was ordered to pay £5,340 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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