Climate Greenspace Health and Safety Legal Update: September 2016


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


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

New publications this month:

HSE

L23 – Manual Handling Operations Regulations 1992 – Guidance on Regulations (fourth edition)

The L23 guidance has been restructured and partially rewritten. Updates reflect exemptions for self-employed persons from health and safety law, where their work activities pose no potential risk of harm to others.

These exemptions were introduced on 1 October 2015.

 

INDG478 – Risk assessment of pushing and pulling (RAPP) tool

This tool will help those responsible for health and safety in workplaces to identify high-risk pushing and pulling operations and check the effectiveness of any risk-reduction measures.

 

HSENI

Quarry Vehicle Safety

This document provides guidance on inspecting quarry vehicles. The leaflet includes brake inspection and testing, brake maintenance, quarry vehicle tyres, visibility and edge protection.

 

Maritime and Coastguard Agency (MCA)

MGN 556 (M+F): The Merchant Shipping and Fishing Vessels (Safety Signs and Signals) Regulations 2001

This marine guidance note supports the use and interpretation of mandatory health and safety signs and signals.

 
 
 
 
 
 
 
Offences
 
 

New offences this month:

Manufacturing firm fined after worker’s arm injured in roller

An installation engineer of Sovex Limited was commissioning a new conveyor belt system at UK Mail’s site in Coventry when his arm was pulled into the machinery. He suffered a broken arm as a result of the incident during January 2015.

The HSE found that there was a lack of effective guarding and isolation procedures on the machinery.

Breach

Sovex Limited was found guilty of 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

Sovex Limited was fined £170,000 with £24,000 costs.

 

Factory owner fined for failing to hold current employer’s liability compulsory insurance

A textiles company in South Wales has been prosecuted for failing to demonstrate it held current employer’s liability compulsory insurance (ELCI).

The court heard that BC Shirts had failed to provide evidence it held ELCI for a six-month period.

Employers are required to hold at least a minimum level of ELCI under the Employers' Liability (Compulsory Insurance) Act 1969.

Penalty

BC Shirts was fined £1,000 and ordered to pay costs of £9,143.35.

 

Newquay gas fitter sentenced for undertaking unregistered gaswork

An unregistered gas fitter, Dean Marshall,  has pleaded guilty to illegally installing a LPG gas boiler and hob at a Newquay home and producing fraudulent documentation.

The fitter, Mr Marshall, fraudulently used a Gas Safe registered engineer’s details to deceive the homeowners. His previous registration with Gas Safe Register had lapsed and did not cover any work on any LPG gas appliances as he had never completed the proper training.

Breach

Mr Marshall pleaded guilty to breaching Regulations 3(3), 3(7), and 33(2) of the Gas Safety (Installation and Use) Regulations 1998.

  • Regulation 3(3) states no employer shall allow any of his employees to carry out any work in relation to a gas fitting or service pipework and no self-employed person shall carry out any such work, unless they are a member of a class of persons approved by the HSE.
  • Regulation 3(7) states that no person shall falsely pretend to be a member of any class of persons required to be approved.
  • Regulation 33(2) states that where adjustments are needed to a gas appliance, a person carrying out these adjustments, or disconnecting the appliance from the gas supply or seal off the appliance from the gas supply, must use an appropriate fitting must be used.

Penalty

Mr Marshall was ordered to complete 250 hours of unpaid work and ordered to pay £4,966.42 in costs.

 
 
 
 
 
 
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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