Climate Greenspace Health and Safety Legal Update: November 2014


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


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

HSE

L146: Consulting workers on health and safety

The HSE has updated the L46 Approved Code of Practice (ACoP). This provides guidance on consulting union safety representatives and non-union representatives of employee safety (RoES). The content of the ACoP has only been updated to reflect changes to guidance and legislation referenced, and therefore the guidance provided has not been revised significantly.

L22: Provision and Use of Work Equipment Regulations 1998

This ACoP has been updated following a consultation earlier in 2014. The ACoP was revised to remove time-limited information and to update and clarify guidance provided. References to legislation and other guidance have been updated to reflect changes since the ACoP was last published.

L112: Provision and Use of Work Equipment Regulations 1998 (as applied to power presses)

This ACoP, which was also subject to the earlier consultation in 2014, has been updated to reflect changes to information referenced and to improve the clarity of guidance provided.

L114: Safe use of woodworking machinery

This ACoP, which was also subject to the earlier consultation in 2014, has been updated to provide current guidance and to improve the clarity of the document.

GEIS6: The selection, management and use of mobile elevating work platforms (MEWPs)

This document provides guidance on factors and issues that should be considered in the use of MEWPs.

Research Report Series

The HSE published the following research reports in November 2014:

 

HSENI

L143: Managing and working with asbestos

HSENI has formally adopted this ACoP, which provides guidance on the management of asbestos and work involving this hazardous substance. The text of the ACoP is identical to the HSE document, which was issued in 2013.

 

ECHA

Guidance in a nutshell: Scientific Research and Development (SR&D) and Product and Process Orientated Research and Development (PPORD)

 
 
 
 
 
 
 
Offences
 
 

Food Ingredients Company fined after employee scalding

An employee was scalded by hot cleaning solution whilst attempting to re-attach an end cap to pipework leading from a cooking vessel.

Failure to properly assess the risks involved in this task, and proper implementation of injury prevention methods, led to Kerry Ingredients (UK) Ltd being fined £15,000 and ordered to pay £8,950.20 in costs after pleading guilty to breaching Section 3(1) of the Management of Health and Safety at Work Regulations 1999 and breaching regulations 8(1) and 19(3) of the Provision and Use of Work Equipment Regulations 1998.

It was reported that the end cap had been removed earlier to allow workers access to remove residue from the pipework. Unaware that Mr Alicarte was closing the pipework, a colleague operated a switch to open the outlet valve, releasing hot cleaning fluid down the pipe and over his arm. Mr Alicarte suffered a serious scald to his right forearm, resulting in two weeks lost work time and temporary limited movement in his arm.
 

£10,000 fine for firm after worker falls into vat of bleach

The employee, who remains anonymous, slipped and fell into an open container of corrosive solution used to bleach fabric, after attempting to free cloth entangled between mangle rollers.

The employee suffered extensive chemical burns, and was off work for three months due to the extent of his injuries.

Following an investigation by the HSE, it was found that PW Greenhalgh had not carried out a risk assessment for the use of bleaching equipment, and four enforcement notices were issued relating to unsafe working practices.

Since it was found that staff had not received any specific training on working with hazardous substances, PW Greenhalgh have carried out suitable risk assessments and implemented safe systems of work, using lids, handrails and fitting permanent stepladders to all the bleach containers.

PW Greenhalgh and Co Ltd, of Newhey Bleach Works, was fined £10,000 and ordered to pay £718 in prosecution costs after pleading guilty to a breach of the Health and Safety at Work etc Act 1974.
 

Sub-Contractor suffers long term memory loss from electric shock

Lee Burge, a crane operator from Bristol, was lucky not to lose his life after the crane he was operating came into contact with an overhead 11kV power line during construction works at Trowbridge Rugby Club.

Following an investigation by the HSE, it was found that Ashford Homes had been warned by the electricity company about the presence of overhead power cables, and had received advice on the removal of the power supplies running across the site.

Despite this, the company failed to implement measures to prevent plant and equipment accessing the area beneath the power lines, or for the supply to be diverted, as stipulated in Regulation 34(2) of the Construction (Design and Management) Regulations 2007.

Mr Burge was resuscitated but now suffers from long term memory loss as a result of the incident.

Ashford Homes (South Western) Ltd was fined £20,000 and ordered to pay costs of £5,159 after pleading guilty to breaching Regulation 34(2) of the Construction (Design and Management) Regulations 2007

 
 
 
 
 
 
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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