Climate Greenspace Health and Safety Legal Update: January 2025


Welcome to the Climate Greenspace Health and Safety Legal Update: January 2025 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.


 
 
 
 
January 2025
 
 
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)

Installing stone worktops: protect against harmful natural or artificial stone dust

This new guidance is intended to assist employers and workers in applying suitable controls against exposure to respirable crystalline silica when processing, cutting and installing stone worktops.

 

Video on the Face Fit Respirator Demonstrator Model (FFRED)

This video provides information on why it is important for individuals to have face fit tests for tight-fitting masks, such as disposable filtering face pieces (FFPs) and reusable half-face mask types. It also highlights the importance of having a good seal to the face.

 

OFFICE FOR PRODUCT SAFETY & STANDARDS (OPSS)

The fire safety of domestic upholstered furniture

This policy paper considers six themes within a review of the fire safety of domestic upholstered furniture. The paper proposes new legislation to address fire safety while aiming to reduce the use of chemical flame retardants. The proposed new legislation also suggests removing baby and children’s products from the regime, where supported by evidence, and to remove the requirement for display labels on new products.

The new legislation would replace the Furnishings (Fire) (Safety) Regulations 1988.

 

MINISTRY OF HOUSING, COMMUNITIES AND LOCAL GOVERNMENT

Building Regulations Approved Document B: Fire Safety, incorporating amendments

Versions of both volumes Approved Document B collated with 2025, 2026 and 2029 amendments have been published:

 

MARITIME AND COASTGUARD AGENCY (MCA)

The following notes and notices relevant to occupational health and safety were published or updated in January 2025:

 

EUROPEAN CHEMICALS AGENCY (ECHA)

ECHA adds five hazardous chemicals to the Candidate List and updates one entry

Five chemicals were added to the candidate list of Substances of Very High Concern (SVHCs) under EU REACH:

  • 6-[(C10-C13)-alkyl-(branched, unsaturated)-2,5-dioxopyrrolidin-1-yl]hexanoic acid
  • O,O,O-triphenyl phosphorothioate
  • Octamethyltrisiloxane   
  • Perfluamine     
  • Reaction mass of: triphenylthiophosphate and tertiary butylated phenyl derivatives

An entry was also updated for one substance (tris(4-nonylphenyl, branched and linear) phosphite).

 

40 hazardous chemicals added to PIC – exporters can start notifying authorities now

40 additional chemicals have been added to the Prior Informed Consent (PIC) regime, including 35 pesticides and a range of PFAS chemicals. Exports of these chemicals will require notification from 1 March 2025.

 
 
 
 
 
 
 
Offences
 
 

Suffolk manufacturing firm fined after workers were hit by stone slabs

An Ipswich company has been fined after two workers were struck by stone slabs.

On 17 June 2022, three slabs of quartz stone fell from a stillage onto the two workers while they worked at Bespoke Stone Ltd’s workshop. The pair had been preparing to lift one of the slabs onto a saw bed when all three fell onto them.

After sustaining multiple bone fractures and soft tissue damage, one of the workers required a number of operations and has been unable to work for over two years. The man sustained fractures to his right femur, hip, left tibia and foot and spent a total of 12 weeks in hospital.

The other worker sustained bruising and required time off from work following the incident.

An HSE investigation found that Bespoke Stone Ltd’s handling and storage of slabs was unsafe because the material was not secured. The restraint system provided did not fit around larger sizes of material. The company also failed to accurately report the injuries sustained and the time taken off work by the workers under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013.

HSE guidance states slabs should always remain restrained during loading/unloading operations, whether from vehicles or from storage when any person could be in the hazard zone into which a slab might fall from its racked position or fail during lifting. Further guidance can be found on the Handling and storage of large sheet stone slabs on the HSE website.

Breach

Bespoke Stone Ltd pleaded guilty to breaching Section 2(1) to the Health and Safety at Work etc Act 1974:

  • Section 2(1) applies a duty on every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all employees.

Penalty

Bespoke Stone Ltd was fined £6,600 and ordered to pay £4,875.40 in costs.

 

Company fined after the fatal fall of a worker from a church steeple

A specialist construction company received a five-figure fine after a worker fell to his death from a church steeple.

On 13 November 2020, the worker was suspended from the 60-metre-tall steeple of St Nicholas’ Church in Kings Norton, Birmingham. The man was sitting in a ‘bosun’s chair’ when he fell, suffering fatal injuries.

An HSE investigation found that the bosun’s chair was not supported by a suitable backup system preventing falls, such as, a double or twin leg lanyard fall arrest harness.

Breach

Ecclesiastical Steeplejacks Ltd, which has ceased trading since the incident, pleaded guilty to contravening Regulation 4(1) of the Work at Height Regulations 2005:

  • Regulation 4(1) requires employers to ensure work at height is properly planned, appropriately supervised and carried out in a manner, which is so far as is reasonably practicable, safe. Planning must also include the selection of work equipment in accordance with the regulations.

Penalty

Ecclesiastical Steeplejacks Ltd was fined £60,000.

 

MOT testing centre fined after child was hit with a car and crushed

An MOT Testing centre in North London has been fined after a child sustained life changing injuries on the premises.

On 4 May 2022, a 14-year-old boy was with an adult at the centre, sitting down and waiting for an MOT to be conducted. The chair was situated in front of the brake rollers. As the MOT technician attempted to move the car in reverse, the vehicle was driven forwards off the brake rollers, crushing the child against the wall.

The boy required immediate hospital treatment, having sustained multiple pelvis fractures. They were off school for over a year and bed bound for three months following the incident.

An HSE investigation found that New Auto Tech Limited had failed to ensure that members of the public were in a safe area when vehicles were being moved. A designated ‘viewing area’ was in place to the side of the brake roller bay. This was a painted box on the floor with a chair placed inside it. However, there were no protective barriers and the business failed to stop customers from moving out of this area into sections of the workshop where vehicles were moving.

HSE guidance is available for the motor vehicle repair industry.

Breach

New Auto Tech Limited pleaded guilty to breaching Section 3(1) to the Health and Safety at Work etc Act 1974:

  • Section 3(1) applies a duty on every employer to ensure, so far as is reasonably practicable, that persons other than employers are not exposed to risks to their health or safety.

Penalty

New Auto Tech Limited was fined £10,000 and ordered to pay costs of £6,810.

 
 
 
 
 
 
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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