Climate Greenspace Health and Safety Legal Update: November 2016


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


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

New publications this month:

HSE

EH60: Nickel and its inorganic compounds: Health hazards and precautionary measures    

This revised publication includes updated information on the specified classifications and associated hazard statements for various forms of nickel.

HSE Research Reports:

Three research reports were published during November 2016:

 
 
 
 
 
 
 
Offences
 
 

Worker dies when temporary platform collapses

Three workers were badly injured when a temporary platform collapsed at a construction site in Putney. The injured persons fell 16 metres. Both a steel-fixer and a carpenter landed in concrete staircases. It took the steel-fixer almost 3 years to recover from his injuries and the carpenter sustained fatal injuries. An engineer assistant was also hit by the debris and sustained serious injuries.

After being investigated by the HSE, it was found that the platforms, which were part of ‘temporary works’ were neither built to an agreed safe design, nor was the quality of the build checked by those in control of the site.

Breach

St James Group Limited, the principal contractor, pleaded guilty to breaching Regulation 22(1)(a), Construction (Design and Management) Regulations 2007.

Mitchellson Formwork and Civil Engineering Limited, the contractors responsible for constructing the platforms, pleaded guilty to breaching Regulation 13(2), of the Construction (Design and Management) Regulations 2007.

RGF Construction Limited, a site agent who assisted with managing the work, was found guilty of breaching Regulations 13(2), and 28(2) of the Construction (Design and Management) Regulations 2007.

Penalty

St James Group Limited was fined £600,000 and ordered to pay costs of £14,935.54.

Mitchellson Formwork and Civil Engineering Limited was fined £400,000 and ordered to pay costs of £14,935.54.

RGF Construction Limited was fined £20,000.

 

Window installation company fined for tragic health and safety breach

A worker who was helping to install UPVC windows at a house in Brighton suffered fatal head injuries after a fall at work. The worker was working from an unsecured ladder when he slipped sidewise and fell to the ground.

HSE found that South Coast Installation had failed to ensure that work at height was adequately planned and carried out in a safe manner.

Breach

South Coast Installations pleaded guilty to breaching regulation 4(1) of the Work at Height Regulations 2005.

Penalty

South Coast Installations was fined £10,000 and ordered to pay costs.

 

Chemical company fined £3mil after the release of toxic vapour cloud

A worker was killed and one left with life changing injuries when they were overcome by a toxic vapour cloud of titanium tetrachloride. Sixteen months later, another incident occurred involving the same toxic chemical.

The HSE found that the company, Cristal Pigment UK Ltd, had deviated from the normal operating procedures, which led to the dangerous build-up of the chemical.

After the second incident, the HSE found that the company had decided to clean the vessel, but the plates designed to seal the vessel before carrying out the cleaning process were incompatible with the chemical and inappropriate sealants were used that could not contain the gas created.

Breach

Cristal Pigment UK Ltd pleaded guilty to breaching section 2(1) and 3(1) of the Health and Safety at Work etc. Act 1974 for the first incident.

The company also pleaded guilty to breaching regulation 4 of the Control of Major Accident Hazards Regulations 1999 for the second incident.

Penalty

Cristal Pigment UK Ltd for the first incident was fined £1.8 million and fined £600,000 with costs of £37,868.00 for the second incident.

 
 
 
 
 
 
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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