New publications this month:

HEALTH AND SAFETY EXECUTIVE (HSE)

Research Reports

The HSE has released a series of Research Reports concerning pipeline safety and its assessment:

• RR1034 Review of the event tree structure and ignition probabilities used in HSE’s pipeline risk assessment code MISHAP
• RR1035 Update of pipeline failure rates for land use planning assessments
• RR1036 Rewriting the PIPIN code to use a Monte Carlo solution approach
• RR1037 Science updates to HSE’s PIPeline INtegrity model (PIPIN)
• RR1038 Data updates to HSE’s PIPeline INtegrity model (PIPIN)

HEALTH AND SAFETY EXECUTIVE NORTHERN IRELAND (HSENI)

A simple guide to the CDM Regulations (NI) 2016

This brief guidance documents concerns duties under the Construction (Design and Management) Regulations (Northern Ireland) 2016, which come into force on 1 August 2016.

Quarry vehicle safety

This leaflet provides guidance on quarry vehicles, including inspection and maintenance.

Fish processing firm fined after man killed by falling boxes

A Plymouth-based fish wholesaler has been fined after an employee was fatally injured when a stack of boxes of frozen fish fell on him in October 2013.

The injured employee had been helping to clear up a fallen stack of frozen fish boxes in a cold store when another fall of stock occurred, striking him. He received multiple and severe injuries which proved fatal.

An investigation by the HSE into the incident found there was no safe system of work or instruction to staff on how pallets should be stored. There was no written procedure for dealing with falls of stock when they occurred.

Breach

Interfish Limited pleaded 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 requires every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all employees.

Penalty

Interfish was fined £500,000 and ordered to pay costs of £24,800.

Company fined £90,000 for safety failings

A coach company in Wrexham has been fined after it repeatedly failed to comply with legal notices to get its lifting equipment examined.

Mold Magistrates’ Court heard that, between 4 April 2014 and 28 August 2015, GHA Coaches Limited failed to have its lifting equipment thoroughly examined within the required timescales to ensure that health and safety conditions were maintained and that any deterioration could be detected and remedied in good time.

A 2015 inspection identified overdue Lifting Operations and Lifting Equipment Regulations (LOLER) examinations on at least 14 items. An improvement notice was served, and extended twice. However, GHA Coaches still failed to comply.

An investigation by the HSE found that a previous improvement notice was served in 2011.

Breach

GHA Coaches Limited pleaded guilty to breaching Regulation 9(3)(a)(ii) of the Lifting Operations and Lifting Equipment Regulations 1998 (LOLER),and failing to comply with an Improvement Notice.

• Regulation 9(3)(a)(ii) of LOLER sets out examination requirements for lifting equipment and accessories where they are exposed to conditions causing deterioration liable to result in dangerous situations.

Penalty

GHA Coaches was fined a total of £90,000 and ordered to pay costs of £3,068.

Worker contracts allergic contact dermatitis

A Hereford-based manufacturer of rubber sealants has been fined after a worker contracted allergic contact dermatitis.

Hereford Magistrates’ Court heard how an employee contracted dermatitis due to exposure to sensitising ingredients within rubber compounds.

An HSE investigation identified that the company had failed to assess risks from the products used or to manage those risks.

The company’s health and safety advisor failed to understand the underlying issues to the level required for the company to understand its responsibilities.

Breaches

TRP Polymer Solutions Limited pleaded guilty to breaching Section 2 of the Health and Safety at Work etc Act 1974, and Regulations 6 and 11 of the Control of Substances Hazardous to Health Regulations 2002 (COSHH).

Paula Underwood, a self-employed health and safety advisor, pleaded guilty to breaching Section 3(2) of the Health and Safety at Work etc Act 1974 for failing to carry out her duty under the act to a level of competence expected by someone carrying out her role, thereby exposing others to risks to their health and safety.

• Section 2 of the Health and Safety at Work etc Act 1974 sets out duties of employers to their employees, including to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all employees.
• Regulation 6 of the Control of Substances Hazardous to Health Regulations 2002 requires that employers shall not carry out work liable to expose any employees to any substance hazardous to health unless they have made a suitable and sufficient assessment of the risk created by that work to the health of those employees and the steps that need to be taken to meet these regulations; and implemented the steps needed.
• Regulation 11 of the Control of Substances Hazardous to Health Regulations 2002 concerns health surveillance. This Regulation requires that where it is appropriate for the protection of the health of his employees who are, or are liable to be, exposed to a substance hazardous to health, the employer shall ensure that such employees are under suitable health surveillance.
• Section 3(2) of the Health and Safety at Work etc Act 1974 requires that every self-employed person conducts their undertaking in a such a way as to ensure, so far as is reasonably practicable, that they and other persons (not being their employees) who may be affected are not exposed to risks to their health and safety.

Penalty

TRP Polymer Solutions was fined £40,000 and ordered to pay costs of £6,529.

Paula Underwood was fined £1,000 and ordered to pay costs of £200.