Climate Greenspace Health and Safety Legal Update: July 2016


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


 
 
 
 
July 2016
 
 
Congratulations. There are no changes to the legislation or other requirements in your legal register.
 
 
 
 
 
 
 
 
Recent Publications
 
 

No new relevant health and safety publications or guidance were published during July 2016.

 
 
 
 
 
 
 
Offences
 
 

Motor Manufacturer Fined over Asbestos Contamination

General Motors UK Ltd (General Motors) has been fined after it was found part of its premises in Ellesmere Port had become contaminated with asbestos fibres.

An investigation by the HSE identified that work undertaken in 2014 had exposed contractors to risks associated with asbestos. These risks arose during work to replace high pressure hot water boilers with gas burners in the site’s paint unit.

Suspected asbestos insulating boards (AIB) had been identified beneath external cladding on the stores building. The work was originally to involve crossing a roof, but this was later changed when the location of the pipework was changed to the side of the building. Although a risk assessment and method statement were in place for the original plan of work, these were not reviewed in light of the changes – including the risk of exposure to asbestos.

Sampling later confirmed the presence of asbestos at the work site. The HSE investigation found that the asbestos register had not been provided to the contractor when the suspected AIB was discovered. General Motors did not directly instruct the contractor to stop work to prevent AIB from being disturbed. The project, including the removal and cutting of holes in AIB board, continued without suitable precautions.

Liverpool Crown Court heard no risk assessment was undertaken by General Motors to determine if the work was notifiable or licensed asbestos work. On completion of the work licensed contractors were employed to conduct a clean-up and decontamination programme of the roof and in the stores.

Breach

General Motors pleaded guilty to a single breach of breaching Section 3(1) of the Health and Safety at Work etc Act 1974.

Section 3(2) of the Health and Safety at Work etc Act 1974 requires that every employer ensures, so far as is reasonably practicable, that persons who are not employees who may be affected by the employer’s activities are not exposed to risks to health and safety.

Penalty

General Motors UK Ltd was fined £120,000 and ordered to pay £11,779 in prosecution costs.

 

Worker trapped by Three Tonne Road Roller

An exhibitions and displays company in West Yorkshire has been fined after a labourer was crushed by a road roller.

The incident occurred at Quantum Exhibitions & Displays Ltd’s premises in West Yorkshire in November 2015. The injured labourer was operating a vibrating road roller at the time of the accident, when it slid down a steep incline, pinning him beneath it.

The injured party sustained several breaks to the bones in his right leg along with burns and an open fracture to his right hand and an open fracture of the index finger on the same hand.

During the hearing an HSE inspector stated that there had been no vehicle restraint or edge protection system at Quantum Exhibitions & Display Ltd’s site, although the risk of the vehicle overturning was considered foreseeable.

Breach

Quantum Exhibitions & Displays Ltd of Brow Mills Industrial estate, Hipperholme pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974.

Penalty

Quantum Exhibitions & Displays was fined £70,000 with £4,139.50 costs by Bradford Crown Court.

 

Portsmouth Glass Company fined after Worker Injured by Lathe

A glass manufacturer in Portsmouth has been fined after a worker was injured when his clothing was caught in machinery.

The court heard how a metal working lathe was adapted in order to re-rope conveyor rollers in-house. The adaptations made did not provide guarding to prevent access to moving parts of the lathe.

On 27 April 2015 the lathe was being operated to re-rope rollers when the operator’s clothing became caught on the roller. This resulted in the worker being drawn in and becoming entangled with the machinery. The injured worker suffered soft tissue, nerve and ligament damage to his hand and wrist.

An investigation by the HSE found that there was no suitable and sufficient risk assessment which could have prevented the incident.

Breach

Saint Gobain Glass (United Kingdom) Limited, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974.

Penalty

Saint Gobain Glass (United Kingdom) LImited was fined £200,000 and ordered to pay costs of £3,137.

 
 
 
 
 
 
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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