Climate Greenspace Health and Safety Legal Update: February 2016


Welcome to the Climate Greenspace Health and Safety Legal Update: February 2016 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 2016
 
 
Congratulations. There are no changes to the legislation or other requirements in your legal register.
 
 
 
 
 
 
 
 
Recent Publications
 
 

New publications this month:

HEALTH AND SAFETY EXECUTIVE (HSE)

Safety Bulletin: Use of Barrier Glands in Potentially Explosive Atmospheres to meet IEC 60079:14 2013 (Edition 5)

The HSE has published an updated safety notice on the use of Ex certified barrier glands.

 

EUROPEAN CHEMICALS AGENCY (ECHA)

Apply for approval of active substances used for treating articles by 1 September 2016

Companies need to apply for approval of a biocidal active substance used for treating articles if the substance is not yet part of the approval process.

 

Online chemicals guide

The European Chemicals Agency (ECHA) launched an online tool that offers "plain English" information about the hazard profiles of up to 120,000 chemicals. Information is structured in three layers:

  • A simple info card, which gives a summary of the key information on a chemical substance.
  • A brief profile, which goes deeper into the environmental, health and chemical properties of each substance to provide a user-friendly overview. ECHA says that this will be most useful information for employers, workers, academics and regulators.
  • Full source data, which includes the raw data submitted by companies to ECHA in registration dossiers submitted under REACH

This will make chemicals information much more accessible for consumers and pressure groups.

 
 
 
 
 
 
 
Offences
 
 

Company fined for failure to comply with improvement notices

William Fry Fabrications Limited has been fined for failure to examine their cranes at least every 12 months despite an absolute legal duty to do so.

Westminster Magistrates’ Court heard how William Fry Fabrications Limited failed to thoroughly examine two cranes used by the company, despite receiving both Improvement and Prohibition Notices from the HSE on this issue for its cranes in 2011.

Breach and penalty

William Fry Fabrications Limited pleaded guilty to breaching Regulation 9(3)(a) of the Lifting Operations and Lifting Equipment Regulations 1998, and was fined £13,333 and ordered to pay full costs of £2,527.

Regulation 9(3)(a) of the Lifting Operations and Lifting Equipment Regulations 1998 states that every employer shall ensure that lifting equipment which is liable to result in dangerous situations is  thoroughly examined.

 

 

Firm fined after fatality at waste recycling site

Walter Heselwood Limited has been fined for safety failings.

Tony Johnson, aged 55, was working at the Walter Heselwood recycling site on 16 June 2009 when a pressurised gas cylinder was put through a shearing machine causing it to explode. A large section of the cylinder hit Mr Johnson in the head causing fatal injuries.

The Health and Safety Executive (HSE) found a number of safety failings. These include:

  • Having no effective health and safety management system in place

  • Failure to adequately assess the risks involved with processing different types of scrap material

  • Failure to put in place a range of measures to reduce the risks, for example by providing a blast wall.

Breach and penalty

Walter Heselwood Limited of Stevenson Road, Sheffield, pleaded guilty to breaching Sections 2(1) and 3(1) of the Health and Safety at Work etc. Act 1974 and was fined £120,000 with £40,000 costs.

Section 2(1) of the Health and Safety at Work etc Act 1974 states that 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.

Section 3(1) 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 or safety.

 

 

Worker’s legs crushed by concrete table tennis tables

An employee of Bendcrete Leisure Ltd legs were crushed when four one-ton concrete tables toppled over. worker was attempting, using an overhead crane, to move a concrete table tennis table towards a stack of four other tables which were balanced on two half-empty resin barrels. The barrels collapsed causing the tables to slide off.

The worker became trapped between the tables and the crane stanchion.

The Health and Safety Executive (HSE) found the work had not been planned, supervised or carried out safely.

Breach and penalty

Bendcrete Leisure Ltd was fined £12,000 and ordered to pay £3,495 costs after pleading guilty to breaching Section 2 (1) of the Health and Safety at Work etc. Act 1974.

Section 2(1) of the Health and Safety at Work etc Act 1974 states that 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.

 

 
 
 
 
 
 
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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