Climate Greenspace Health and Safety Legal Update: March 2014


Welcome to the Climate Greenspace Health and Safety Legal Update: March 2014 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 2014
 
 
Congratulations. There are no changes to the legislation or other requirements in your legal register.
 
 
 
 
 
 
 
 
Recent Publications
 
 

HSE

GS50: ELECTRICAL SAFETY AT PLACES OF ENTERTAINMENT

This revised guidance document provides advice on preventing electrical danger at places of entertainment.
It is primarily for managers of places of entertainment, and for people who provide facilities for entertainers. It will also be of use to technicians and technical managers. It outlines the risks and describes the law that applies, as well as the role of the enforcing and licensing authorities.

 There is general advice on managing electrical safety, and specific advice on ways to prevent electrical danger.

INDG247: ELECTRICAL SAFETY FOR ENTERTAINERS

This edition updates references to legislation and links to further guidance. It also gives a clearer explanation of what action to take and why.

This guidance is aimed at entertainers who use electrical equipment for sound, lighting or other effects. It sets out basic measures you can take to help control the electrical risks from use of such equipment. As well as guidance for your safety, there are some notes at the rear of the publication regarding the law.

EH38: OZONE HEALTH HAZARDS AND CONTROL MEASURES

A third edition has been published to include updated references to Control of Substances Hazardous to Health (COSHH), Classification, Labelling and Packaging (CLP) and Chemical (Hazard Information and Packaging) CHIP Regulations.

This guidance is aimed at employers and managers of people exposed to ozone in the course of their work, also employees and health and safety professionals. It draws attention to the potential ill health which exposure to ozone can cause and indicates potential sources of ozone at work as well as offering advice on the precautions you may need to take to prevent or control exposure.

APPROVED CODE OF PRACTICE - STANDARDS OF TRAINING IN SAFE GAS INSTALLATION (COP20)

The HSE will withdraw the former COP20 ACOP on 1 April 2014.

COP20 is being withdrawn because ACOP information and guidance has been transferred to Part B of the Safety in the installation and use of gas systems and appliances: Gas Safety (Installation and Use) Regulations ACOP (L56).

 
 
 
 
 
 
 
Offences
 
 

Preston based company fined for death of worker struck by vehicle

A Preston-based building firm has been fined £130,000 over the death of a worker outside a cinema in Ashton-on-Ribble.

The Health and Safety Executive (HSE) prosecuted EMC Contracts Ltd after father-of-one Carl Green was struck by a reversing van in a paved area outside the entrance to the Odeon Cinema on 27 July 2010.

The 45-year-old painter from Chorley had been working on a project to fit out a new coffee shop in the cinema when the incident happened. He died from his injuries on the way to hospital

During an eight-day-trial, Preston Crown Court was told EMC Contracts had been hired for a five-week project to fit a coffee shop in the foyer area of the cinema, on Port Way in Ashton-on-Ribble.

One of EMC’s employees had unloaded his van of construction materials and was reversing it to park up outside the cinema when it struck Mr Green, who was crossing behind it.

An investigation carried out by HSE found the company did not have any control measures in place to keep vehicles involved in the construction work away from pedestrians outside the cinema. As a result, both workers and members of the public had been put in danger.

The company had written a method statement for the work, which identified the risk of pedestrians being injured by vehicles as a main hazard. However, they failed to state what measures should be taken to reduce or eliminate the risk.

EMC Contracts Ltd, which has been put into voluntary liquidation, was found guilty of two breaches of the Health and Safety at Work etc Act 1974. The company was fined £130,000 and ordered to pay £52,790 in prosecution costs on 5 March 2014.

For HSE guidance available on how to prevent injuries involving workplace transport, visit www.hse.gov.uk/workplacetransport
 

Lack of guarding results in partial amputation of finger for printing employee

A national printing company has been prosecuted for safety failings after a Leeds worker suffered a partial finger amputation because dangerous parts of a machine weren’t properly guarded.

The Health and Safety Executive (HSE) investigated the incident at Polestar UK Print Ltd’s factory in Leeds, on 12 February 2012.

Leeds Magistrates were told today (6 March) that the 55-year-old employee was injured as he attempted to remove a blockage from a magazine insert feeder machine.

He was removing debris from cogs within the machine when it unexpectedly started up again, turning the cogs slightly and creating a shear point. His right hand was caught and part of his first finger was sliced off.  He has since been able to return to work.

HSE found the machine was not isolated from its power source and there were insufficient safety measures in place to prevent access to the dangerous moving parts.

It also identified Polestar UK Print Ltd had not provided a safe system of work for getting into the machine to clear blockages or to carry out maintenance. Access was via a side panel that should either have been interlocked to prevent the machine running when the panel was removed, or fixed into place with a special tool.

Polestar UK Print Ltd was fined £10,000 and ordered to pay £2,997 in full costs after admitting a breach of the Health and Safety at Work etc Act 1974.

For HSE guidance available on manufacturing works, visit http://www.hse.gov.uk/manufacturing
 

Court for company after reversing digger injures worker

A Hampshire waste company has been fined for serious safety failings after a worker was run over by a reversing digger at a yard in Eastleigh.

The worker sustained life-changing injuries, including a double fracture to his right shin bone and broken bones in both feet, in the incident at Solent Waste Services Limited on 30 October 2012.

The company was prosecuted yesterday (24 March) by the Health and Safety Executive (HSE) after an investigation found more could and should have done to segregate the movement of pedestrians and vehicles.

Westminster Magistrates’ Court in London heard that Mr Jewell, a skip driver, had returned to the site after completing a job to see if any more work was required.

He walked to a storage unit and asked a digger driver to pull out another skip to fill before turning to make his way to a nearby office. However, as he walked away the digger reversed into him, knocking him over and crushing his legs.

HSE found there was nothing in place at the yard to ensure vehicles and workers were kept apart, such as designated walkways or zones.

The court was told that pedestrians routinely walked and stood in areas where vehicles were circulating.

Solent Waste Services Limited was fined £12,000 and ordered to pay £19,752 in costs after pleading guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974.

For HSE guidance available on how to prevent injuries involving workplace transport, visit www.hse.gov.uk/workplacetransport

 
 
 
 
 
 
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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