Climate Greenspace Health and Safety Legal Update: June 2015


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


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

HSE

L64: Safety signs and signals. The Health and Safety (Safety Signs and Signals) Regulations 1996. Guidance on Regulations

The HSE has updated its guidance on the Health and Safety (Safety Signs and Signals) Regulations 1996. Updates bring this document into line with changes to health and safety legislation, including updates to chemical classification and labelling under the Classification, Labelling and Packaging of Substances and Mixtures (CLP) Regulation (EC) No 1272/2008.

 

L111: A guide to the Control of Major Accident Hazards Regulations (COMAH) 2015

This document provides guidance on the Control of Major Accident Hazards Regulations 2015, which came into force on 1 June 2015. The guidance reflects changes to the COMAH regime, including new emergency planning duties and the lists of chemicals concerned, which now reflects the CLP Regulation (EC) No 1272 2008.

 

HSG251: Fumigation: Health & safety guidance for employers & technicians carrying out fumigation operations

The HSE has published a second edition of its HSG251 guidance, which updates references to legislation and other guidance. Changes made aim to clarify the guidance given and support its interpretation.

 

Research Reports

The following research reports were published during June 2015:

 

HEALTH AND SAFETY EXECUTIVE NORTHERN IRELAND (HSENI)

HSENI has approved the following Approved Code of Practice documents on diving at work for use in Northern Ireland:

 

ECHA

New substances on the REACH candidate list for authorisation

Two substances were added to the candidate list for authorisation on 15 June 2015:

  • 1,2-benzenedicarboxylic acid, di-C6-10-alkyl esters; 1,2-benzenedicarboxylic acid, mixed decyl and hexyl and octyl diesters with ≥ 0.3% of dihexyl phthalate (EC No. 201-559-5); and
  • 5-sec-butyl-2-(2,4-dimethylcyclohex-3-en-1-yl)-5-methyl-1,3-dioxane [1], 5-sec-butyl-2-(4,6-dimethylcyclohex-3-en-1-yl)-5-methyl-1,3-dioxane [2] [covering any of the individual stereoisomers of [1] and [2] or any combination thereof]

 

MARITIME AND COASTGUARD AGENCY (MCA)

The Maritime and Coastguard Agency published a range of updated notes and notices during June 2015:

Merchant shipping notices

Marine guidance notes

 
 
 
 
 
 
 
Offences
 
 

Serious injury at glass manufacturing company

A glass company and ventilation system engineering firm have been fined after a contractor suffered serious injuries.

Shield Ventilation Services was contracted to undertake work at the Peterlee Glass Company alongside a further two contractors. An employee of Shield Ventilation Services was injured during the dismantling of an industrial box oven, when he fell from the top of the oven landing on the ground.

The injured person was placed into an induced coma at the scene by paramedics due to the severity of his injuries. The injured party suffered a fractured neck, sternum, skull, and collarbone and has permanently lost the sight in his right eye.

The HSE found that the dismantling work had not been properly planned by the contractor, and that contractor control by the glass company was inadequate.

  • Peterlee Glass Company Limited, was charged under Section 3(1) of the Health and Safety at Work etc. Act 1974, which states: “It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health and safety”.
  • Further, Neil Shield (trading as Shield Ventilation Services) was charged under Section 2(1) of the Health and Safety at Work etc. Act 1974, which 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.

 

Farm fined for fracturing gas pipeline

A farm worker was operating a tractor and subsoiler when he struck and fractured a gas pipeline causing a major gas leak.

The pipeline was known to have shallow cover as it had been previously struck during subsoiling operations in the same field in 1997. The farm failed to inform, instruct, or warn employees of the presence or location of the gas pipeline. Employees were not provided with a farm map or marked plan showing the route of the pipeline.

These serious safety failings that led to a gas pipe being fractured put lives at risk.

 

Pet food firm sentenced for safety failings

A pet food manufacturer has been sentenced for exposing its employees to hazardous gases during equipment cleaning operations.

In February 2012 an employee was overcome by hydrogen sulphide fumes produced by decomposing feathers as he cleared a blockage from a hydrolyser.

During May 2015 another incident involved a release of chlorine gas from a scrubber during a routine cleaning operation when hydrochloric acid was added to a sump containing sodium hypochlorite.

The company had failed on both occasions to provide to employees adequate training and a safe system of work.

The employees were put at significant risk an HSE inspector stated that it was only by good fortune that there was no loss of life.

 
 
 
 
 
 
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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