Climate Greenspace Health and Safety Legal Update: February 2015


Welcome to the Climate Greenspace Health and Safety Legal Update: February 2015 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.


 
 
 
 
February 2015
 
 
Congratulations. There are no changes to the legislation or other requirements in your legal register.
 
 
 
 
 
 
 
 
Recent Publications
 
 

HSE

HSG252: A recipe for safety: Health and safety in food and drink manufacture

This guidance document is targeted at all persons working in food and drink manufacturing. The document covers the principal hazards and gives advice on the management of the respective risks.
 

INDG266: Are you involved in a diving project at work? A brief guide to complying with health and safety law

This leaflet provides an overview of legal responsibilities associated with diving projects.
 

INDG477: Storing and selling explosive shooting supplies

This leaflet outlines risks and legal requirements applicable to the sale of explosive shooting supplies.
 

INDG476: Storing and selling pyrotechnic articles safely

This leaflet outlines risks and legal requirements applicable to the sale of pyrotechnic articles.
 

WIS40: Four-sided moulding machines: Safe working practice

This information sheet provides guidance on guarding and safe working practices for the use of four-sided moulding machines.

 

Research Report Series

The HSE published the following research reports in February 2015:

 

HSENI

L24: Workplace health safety and welfare. Approved code of practice (ACoP) and guidance.

HSENI will adopt the second edition of the L24 ACoP prepared by the HSE from 9 March 2015. This revised document was updated to reflect changes to legislation following the first edition.
 

L117: Rider-operated lift trucks - Operator training and safe use: ACoP and Guidance

HSENI will adopt the third edition of the L117 ACoP prepared by the HSE from 20 February 2015.

 

OFFICE OF RAIL REGULATION (ORR)

Health and safety regulatory strategy

This document sets out how ORR enforces health and safety legislation in the rail industry.

 

ECHA

Biocidal Products Regulation: Data Sharing Guidance

ECHA has launched four practical guides on data sharing, which aim to support small and medium-sized companies with the 1 September 2015 deadline for inclusion on the Article 95 list:

REACH Evaluation Report 2014

This report concerns evaluation activities undertaken by ECHA in during 2014. Evaluation during the period identified that further improvements are required to registration dossiers, although compliance with dossier evaluation decisions has improved.

 
 
 
 
 
 
 
Offences
 
 

Cornwall health trust fined for dermatitis failings

The Royal Cornwall Hospitals NHS Trust has been fined after failing to take measures to prevent or monitor at least 23 cases of dermatitis among staff between 2007 and 2012. 

The Trust pleaded guilty to a breach of health and safety legislation when it appeared before Torquay Magistrates on Friday 20th February in a prosecution brought by the Health and Safety Executive (HSE). 

An inspection by HSE, identified that 23 cases of dermatitis had not been reported to them by the Trust as is required by law. 

Magistrates were told that health and hospital staff were at increased risk of developing skin issues like dermatitis as they needed to wash their hands often and had to wear gloves for some procedures to reduce the risk of infection. They were also encouraged to use hand gels. 

Despite the known risk, there was limited information for staff about reducing it with simple but effective methods such as drying hands fully and regularly applying moisturisers. 

HSE Inspectors concluded that the Trust failed to carry out regular health checks of employees to detect any symptoms of dermatitis or other skin issues. As and when symptoms were reported by members of staff, they were simply told to see their GP by the trust’s occupational health team.

As a result cases of work-related dermatitis were not picked up by the Trust and the issue was not seen as a priority. At the time, there was no link between occupational health and dermatology. This has since been rectified.

The Royal Cornwall Hospitals NHS Trust, of Treliske, Truro, was fined £10,000 and ordered to pay costs of £9,620 for a breach of the Management of Health and Safety at Work Regulations. 

  • Regulation 5(1) of the Management of Health and Safety at Work Regulations 1999 states: “Every employer shall make and give effect to such arrangements as are appropriate, having regard to the nature of his activities and the size of his undertaking, for the effective planning, organisation, control, monitoring and review of the preventive and protective measures.”

 

Steel company in court after worker pulled into rotating rollers

A Black Country steel processing company has been fined after an employee suffered a catalogue of injuries when he was pulled into a set of rotating rollers.

The Dudley Magistrates’ Court heard how the 42-year-old worker was cleaning the rollers which fed metal through a slitting line at Cooper and Jackson Limited. The rollers were still rotating and he was dragged in as far as his elbow between them. The worker called to a colleague to reverse the rollers but when he pressed the reverse button, they moved forward instead, dragging the already injured man in further.

The worker from Stourbridge, suffered severe burns to the right side of his chest caused by the friction of the rollers, and needed skin grafts. He also punctured a lung, fractured five ribs, his collarbone, shoulder blade and elbow and suffered muscle damage from his wrist to his elbow.

He was in hospital for over a month and was later readmitted following an infection from his chest injuries. He has been unable to work since and is undergoing counselling for post-traumatic stress disorder.

HSE inspectors concluded that the company had not carried out a risk assessment for the cleaning of the machine so had failed to identify the dangers it posed. There was therefore no safe system of work in place for operatives to follow.

Cooper and Jackson Limited, of Pedmore Road Industrial Estate, Brierley Hill, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974 and was fined £12,000 with £1,061 costs.

  • Section 2(1) of the Health and Safety at Work etc Act 1974 states: It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees

     

Court for Essex firm

An Essex firm has been fined for neglecting chemical safety after a fire involving a brazier and a drum of thinners led to safety breaches being uncovered at its Rainham site.

CLB Refridgeration Ltd, was prosecuted by the Health and Safety Executive (HSE) at Southwark Crown Court on the 17th February 2015, following an incident in October 2012 when a 25-litre drum of thinners was involved in causing a fireball to erupt in a brazier at the company’s site in Ferry Lane.

The investigation identified that thinners were being used to clean marks off the containers that were being refurbished and that when the skips were full the employees would sometimes burn material they had removed from the refrigeration containers in the brazier.

HSE Inspectors concluded that CLB Refrigeration Ltd had not properly assessed the risks involved in using and storing paint thinners, and had fallen far below the standard of controlling the risks. CLB Refrigeration failed to ensure it had full knowledge of all the chemicals on site, how they were being used and failed to undertake an assessment of the risks involved.

CLB Refrigeration Ltd of Parkside, Woodside, Grays, Essex, pleaded guilty to two breaches of the Dangerous Substances and Explosive Atmospheres Regulations 2002 and was fined a total of £22,500 and ordered to pay £9243 in costs.

  • Regulation 5(1) of the Dangerous Substances and Explosive Atmospheres Regulations 2002 states: Where a dangerous substance is or is liable to be present at the workplace, the employer shall make a suitable and sufficient assessment of the risks to his employees which arise from that substance.

  • Regulation 6(1) of the same Regulations states: Every employer shall ensure that risk is either eliminated or reduced so far as is reasonably practicable.

 

 
 
 
 
 
 
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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