Climate Greenspace Health and Safety Legal Update: July 2015


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


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

HSE

L154: Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations 2015: Guidance on Regulations

This draft guidance document explains the regulatory requirements introduced by the Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations 2015, which came into force on 19th July 2015.

 

HSG279: Making paper safely: Managing safety in the papermaking process

This updated guidance document is targeted towards managers and users of paper and tissue manufacturing machinery. The document has been extended to cover further tasks in papermaking as well as the machines involved.

 

INDG233: Preventing contact dermatitis and urticaria at work

The HSE has updated this guidance document on the prevention of work-related dermatitis and urticaria for employers.

 

Waste10: Petrol recovery from end-of-life vehicles

This document provides guidance to vehicle dismantlers on fire and explosion hazards associated with the recovery and storage of petrol from end-of-life vehicles.

 

Research Reports

The following research reports were published during July 2015:

 

Safety Alerts

The HSE issued the following safety alert during July 2015:

 

ECHA

15 Substances of Very High Concern (SVHCs) proposed for authorisation

ECHA has recommended that the following 15 substances on the candidate list of SVHCs are added to the authorisation list under REACH. These are as follows:

  • 1-bromopropane (n-propyl bromide)
  • Diisopentylphthalate
  • 1,2-Benzenedicarboxylic acid, di-C6-8-branched alkyl esters, C7-rich
  • 1,2-Benzenedicarboxylic acid, di-C7-11-branched and linear alkyl esters
  • 1,2-Benzenedicarboxylic acid, dipentylester, branched and linear
  • Bis(2-methoxyethyl) phthalate
  • Dipentyl phthalate (DPP)
  • N-pentyl-isopentylphthalate
  • Anthracene oil
  • Pitch, coal tar, high temp.
  • 4-Nonylphenol, branched and linear, ethoxylated [substances with a linear and/or branched alkyl chain with a carbon number of 9 covalently bound in position 4 to phenol, ethoxylated covering UVCB- and well-defined substances, polymers and homologues, which include any of the individual isomers and/or combinations thereof]
  • Boric acid
  • Disodium tetraborate, anhydrous
  • Diboron trioxide
  • Tetraboron disodium heptaoxide, hydrate

Specific authorisation must be obtained for the use of substances on the list once the sunset date is reached.

 

Introductory Guidance on CLP

This updated document provides guidance on basic features and procedures laid down in Regulation (EC) No 1272/2008 on the classification, labelling and packaging of substances and mixtures (the CLP Regulation).

 

REACH Guidance on Information Requirements and Chemical Safety Assessment

ECHA has updated its guidance on information requirements under REACH, with regards to Section R.7.2 (which specifically addresses the recently adopted and revised OECD test guidelines for the testing of skin corrosion/irritation and serious eye damage/eye irritation).

The revised text also reflects the OECD Integrated Approach on Testing and Assessment (IATA) for skin corrosion and irritation.

In addition, text on prenatal developmental toxicity (PNDT) (second species) is updated to better reflect the correct interpretation of the legislative information requirements on PNDT.

 

Improving the use of REACH and CLP information in the supply chain

ECHA has published a report on findings of a workshop on the use of REACH and CLP information at industrial sites organised with industry and authorities in April 2015.

 
 
 
 
 
 
 
Offences
 
 

Metal recycling firm fined after worker suffers hand and arm injuries

Totternhoe Metal Recycling Limited (TMR) has been fined after a worker was injured whilst delivering waste metal.

The 40 year old worker from Bedfordshire lost the top of his thumb and suffered damage to his hand and arm in the incident on 24 April 2014 in Totternhoe.

Luton Magistrates Court heard the worker was delivering waste metal to the site in a transit van. While the van was parked, the counterbalance on a wheeled crane used for unloading metal hit the rear door and caught the worker’s left hand.

The injured party required skin grafts to his thumb and surgery to repair the damage to his forearm, followed by months of physiotherapy.

TMR was fined £12,000 and ordered to pay costs of £1,889.60 and a £120 victim surcharge.

 

Demolition firm fined after worker lost his life

A building contractor, Euro Dismantling Solutions Limited, has been fined for safety failings after a man lost his life during demolition works.

During demolition work at the former Cadburys Somerdale factory near Britstol James Stacey drove a mini digger out of a fourth floor opening. He was using the opening as part of a ‘drop zone’ to drop large fibreglass tanks that had been cut in half to the ground below.

The opening was not properly protected to prevent the machine falling from the building and a tank got stuck on the digger and pulled the vehicle with it. Mr Stacey died from his injuries

  • Euro Dismantling Solutions Limited pleaded guilty to Section 3(1) of the Health and Safety at Work etc Act 1974 after they failed to ensure the safety of James Stacey whilst carrying out demolition work.They were fined £80,000.

  • The Site Supervisor, Paul Ben Priestley, was also charged under Section 7 of the Health and Safety at Work etc Act 1974 after failing to take reasonable care. He denied the charges but was sentenced at Bristol Crown Court on 21 May 2015 and was given a 12 month custodial sentence, suspended for two years and costs of £7,500.

 

Construction Company puts residents and public at risk

A construction company has been fined for safety failings that put workers, residents and the public at risk from falling debris and possible collapse of the building.

Merthyr Magistrates’ Court heard how, in March 2015, unsafe demolition work was carried out on buildings at the former St. Tydfil’s Hospital site in Merthyr Tydfil.

Merthyr Developments Limited, of Welling Way, Rhymney, were prosecuted by the Health and Safety Executive and fined a total of £12,000, and ordered to pay £1,494 in costs after pleading guilty to offences under Regulation 28(1), 29(1), and 29(2) of the Construction (Design and Management) Regulations 2007 (which have now superseded by the 2015 regulations of the same name).

  • Regulation 28(1) of the Construction (Design and Management) Regulations 2007  requires that all practicable steps shall be taken, where necessary to prevent danger to any person, to ensure that any new or existing structure or any part of such structure which may become unstable or in a temporary state of weakness or instability due to the carrying out of construction work does not collapse.

  • Regulation 29(1) of the 2007 regulations requires that the demolition or dismantling of a structure, or part of a structure, shall be planned and carried out in such a manner as to prevent danger or, where it is not practicable to prevent it, to reduce danger to as low a level as is reasonably practicable.

  • Regulation 29(2) of the 2007 regulations requires that arrangements for carrying out such demolition or dismantling shall be recorded in writing before the demolition or dismantling work begins.

 
 
 
 
 
 
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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