Climate Greenspace Health and Safety Legal Update: July 2014


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


 
 
 
 
July 2014
 
 
Congratulations. There are no changes to the legislation or other requirements in your legal register.
 
 
 
 
 
 
 
 
Recent Publications
 
 

HSE

L150 – Explosives Regulations 2014: Guidance on Regulations – Safety provisions

The Explosives Regulations 2014 will come into force on 1 October 2014 and the guidance in L150 will apply from this date. The existing guidance in L139 will be withdrawn on 30 September 2014.

L150 Safety provisions should be read alongside L151 Security Provision, which will be published shortly.


INDG383: Manual handling assessment charts (the MAC tool)

This leaflet includes the Manual Handling Assessment Charts (MAC) and was published to correct a number of errors in the previous version published in January 2014.

 

Research Reports

RR1005 - Work aggravated asthma: A review of reviews

RR1007 - A review of the data on efficacy of hand cleaning products in industrial use as alternatives to hand washing

RR1008 - National survey of the burden of sickness absence in the waste and recycling industry

RR1011 - Pilot project to research the need to update the HSE’s evidence base on the occupational health risks in the woodworking industry

 

OFFICE OF RAIL REGULATION (ORR)

Health and safety annual report 2013-14

The Office of Rail Regulation’s report on health and safety on Britain's railways in 2013-14.

 

PUBLIC HEALTH ENGLAND

Public Health England’s series of documents on a range of hazardous substances has been made available via www.gov.uk. Guidance provided is as follows:

 
 
 
 
 
 
 
Offences
 
 

Firm sentenced after forklift truck ran over worker’s leg and foot

An Aberdeen firm has been fined for safety failings after a worker was injured when a forklift truck ran over his leg and foot. The employee, Mr Bonnar, was working for Scotoil Services Ltd at its premises in Miller Street when the incident occurred on 17 August 2012.

Mr Bonnar was one of four men working in two teams to pressure-wash naturally-occurring radioactive material from components in two large wash bays, both in a restricted zone on site.

At one point Mr Bonnar was working alone cleaning down one of the bays when a colleague from the second team returned driving a forklift truck. While the driver reversed the forklift and then moved forward to load components, Mr Bonnar was walking backwards while hosing down the next bay. The truck collided with Mr Bonnar, driving over his left leg and right foot.

Mr Bonnar suffered a broken leg and fractures to his foot. He spent a week in hospital and a further seven weeks in a wheelchair, but has since returned to work.

An investigation by the Health and Safety Executive (HSE) found Scotoil had failed to provide sufficient segregation between pedestrians and vehicles in the restricted zone. The company also failed to provide sufficient instructions to control vehicle movements in the area while pedestrians were working.

Scotoil undertook and internal investigation into the incident and made a number of recommendations. However, no changes had been made to the system of work or the physical layout of the site when HSE visited six weeks after the incident. HSE issued a Prohibition Notice preventing the use of vehicles in the area until a safe system of work had been implemented so vehicles and pedestrians could work together safely.

The court heard there had been a similar incident in 2011, when a Scotoil employee was injured when he was struck by a forklift truck which was reversing within a building on the site. HSE took enforcement action, requiring Scotoil to make improvements to the layout of the building so that pedestrians and vehicles could circulate safely within it.

 

Kent firm in court after decade of ignoring risks to workers

A Ramsgate company has been sentenced after one of its employees was left with a severe long-term disability following prolonged working with a range of vibrating machine tools. Four other employees of Cummins Power Generation Ltd were also diagnosed with symptoms consistent with early stage Hand Arm Vibration Syndrome (HAVS).

The firm was prosecuted for safety breaches after the Health and Safety Executive (HSE) was made aware of the high incidence of HAVS among its staff.

Canterbury Magistrates’ Court heard on 22 July that Cummins Power Generation had failed to manage the exposure of their employees to the serious risks of vibration for more than ten years. As a result of this, one employee in particular was diagnosed with advanced HAVS in both hands. He still works with the company although he has to ask for the help of a colleague whenever a task requires the use of a hand-held power tool.

HSE found the company failed to assess their workers’ level of exposure to vibration until HSE began its investigation. By this time some employees were either at or beyond the trigger levels for developing symptoms. The firm also failed to put preventative measures in place until HSE served an improvement notice.

Cummins Power Generation Ltd, Columbus Avenue, Manston, Ramsgate, Kent, was fined £20,000 and ordered to pay £49,149 in costs after admitting a breach of Section 2(1) of the Health and Safety at Work etc Act 1974.

 

Derbyshire firm in court after worker’s finger severed

A Dronfield company which produces packaging for the food processing industry has been fined after a worker suffered serious hand injuries unblocking an incorrectly-guarded machine. Andrew Rawson, 48, of Dronfield, was operating a food casing machine at Rillatech Limited’s factory when the incident happened on 8 January 2013.

Chesterfield Magistrates’ Court heard on 9 July that while trying to free a jam inside a running machine, Mr Rawson reached around the guards and his fingers came into contact with a clipper. The index finger on his right hand was severed at the first joint, as well as the tip of his right thumb.

Mr Rawson required plastic surgery to treat his injuries and was unable to drive for three months. He was off work for a year but has since returned to work for the company.

A Health and Safety Executive (HSE) investigation found the machine and another identical model should have been installed with better guarding to protect workers while removing blockages.

HSE found a similar incident had happened previously and Rillatech Limited subsequently installed further guarding, but this did not fully prevent operators accessing dangerous moving parts of the machine.

Since Mr Rawson’s injury, guarding had been improved and safer systems of work implemented to help prevent similar incidents occurring.

Rillatech Limited of Callywhite Lane, Dronfield, pleaded guilty to breaching Section 11(1) of the Provision and Use of Work Equipment Regulations 1998 and was fined £13,000 with £7,353 costs.

 
 
 
 
 
 
Kenny Wintle
e: kenny.wintle@watermangroup.com

Waterman Infrastructure & Environment Ltd
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Pickfords Wharf | Clink St | London | SE1 9DG, t: 0207 928 7888

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