Climate Greenspace Health and Safety Legal Update: August 2016


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


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

HSE

Safety in the storage and handling of steel and other metal stock (Second edition)

This revised guidance document concerns common hazards associated from metal stock storage, including loading and unloading vehicles, storage systems, workplace transport, mechanical lifting and sharp edges.

What has been updated?

New sections provide further guidance on lifting equipment, lifting accessories and work at height. The document now also prohibits stacking ‘U’ frame racking and ‘barring-off’.

 

Research Reports

The following two research reports were published by the HSE during August 2016:

 

HEALTH AND SAFETY EXECUTIVE NORTHERN IRELAND (HSENI)

Forklift Trucks Safety Information Sheet

HSENI has published an updated version of its safety information sheet on the use and maintenance of forklift trucks.

 

N10: Notification of a New Construction Project

The Construction (Design and Management) Regulations (Northern Ireland) 2016 came into force on 1 August 2016.

An updated version of the N10 form, which is to be completed and submitted for notifiable projects, has been published online. An online version of this form is also available.

 

Electromagnetic Fields: Certificate of Exemption

This certificate exempts employers undertaking named activities from limits on exposure to electromagnetic fields and the requirement to put in place a suitable action plans under the Control of Electromagnetic Fields at Work Regulations (Northern Ireland) 2016:

  • Electrolysis as part of a manufacturing process;
  • Use of dielectric heating equipment;
  • Use of induction heating equipment;
  • Use of manually-operated resistance welding equipment; and
  • Use of magnetic resonance imaging equipment other than for patients in the health sector.
 
 
 
 
 
 
 
Offences
 
 

Manufacturer fined after worker was crushed by door

At a Worcestershire-based manufacturing firm, a worker nearly lost his life when a door collapsed and pinned him to a baler.

Two maintenance workers were replacing the bottom of a heavy sectional door at the factory. While removing the hinges and brackets the door collapsed, pinning one of the workers between it and a baler that was next to the door.

The worker suffered serious injuries including broken ribs and asphyxiation which led to a loss of consciousness.

Breach

Essential Supply Products Limited was found to have breached section 2(1) Health and Safety at Work etc Act 1974, as the managers had failed to recognise the risks involved in the maintenance work that was taking place. The court heard that there was no appropriate equipment, instruction or training provided to the workers to ensure the method of work was safe.

Penalty

The firm was fined £20,000 and ordered to pay £2,714.10 in costs.

 

NHS Foundation Trust fined over patient death

A patient was participating in a canoeing activity provided by an outdoor activities centre in partnership with Pennine Care NHS Foundation Trust, when he removed his buoyancy aid and jumped into the water in an attempt to end his own life. The patient drowned as a result.

Pennine Care NHS Foundation Trust had failed to carry out a risk assessment for the activity or to adequately assess the patients’ suitability to attend.

Following the hearing, an HSE Inspector stated that “had the Trust carried out a suitable assessment they would not have allowed a vulnerable person the opportunity to end his life”.

Breach

The Trust was found guilty of breaching Regulation 3(1) of the Management of Health and Safety at Work Regulation 1999 and Section 3(1) of the Health and Safety at Work etc. Act 1974.

Penalty

Pennine Care NHS Foundation Trust was fined £30,000 and ordered to pay costs of £51,223.88.

 

Company expose family to risk of asbestos

A Hertfordshire-based home improvement company has been fined after they were found to have removed asbestos material unsafely from a domestic property.

The court heard that asbestos insulation board soffits had been dismantled in an unsafe manner, presenting a serious risk to workers and residents.

The company did not hold a licence to remove asbestos.

Breach

Ace of Hearts Home Improvements Ltd was found guilty of breaching Regulation 8(1) and Regulation 16 of the Control of Asbestos at Work Regulations 2012, and The Health & Safety at Work etc. Act 1974, Section 33(1)(g).

Penalty

The company was fined £100,000 and ordered to pay costs of £2,118.50.

 
 
 
 
 
 
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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