Climate Greenspace Health and Safety Legal Update: January 2017


Welcome to the Climate Greenspace Health and Safety Legal Update: January 2017 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.


 
 
 
 
January 2017
 
 
Congratulations. There are no changes to the legislation or other requirements in your legal register.
 
 
 
 
 
 
 
 
Recent Publications
 
 

New publications this month:

HSE

Research Reports

The HSE published three research reports during January 2017:

ECHA

The ECHA published four reports and guidance documents during January 2017:

If your company has registered one of substances now shortlisted, you will receive a letter from ECHA regarding potential examinations of your registration(s).

 

Substances shortlisted are those with potential carcinogenic, mutagenic or toxic to reproduction (CMR), persistent, bioaccumulative and toxic (PBT), endocrine-disrupting, sensitising or specific target organ toxicity following repeated exposure (STOT RE) properties.
 

Details of the regulatory action will be released once confirmations have been made of the potential concerns in the shortlisted substances.

 
 
 
 
 
 
 
Offences
 
 

University of Northumbria fined after botched experiment

The University of Northumbria at Newcastle has been fined after two students fell seriously ill following a laboratory experiment.

It was found that protocols for the experiment were not followed. Students were learning about the effects of caffeine as part of a sports experiment. Part of the course included a practical exercise where volunteer students would take quantities of caffeine to demonstrate the impact.

Two students drank a solution with 100 times the prescribed amount. They immediately fell ill and suffered from shaking, rapid heartbeat and vomiting. The doctor considered their conditions life threatening and dialysis was required.

The protocols were to use 200mg tablets but as they were not available the students were provided with caffeine in a powered form. This created a situation where the students miscalculated the amount of powder to use and overdosed the two volunteers.

Breach

The University of Northumbria pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974. Section 3(1) states that every employer must conduct his undertaking in such a way as to ensure that persons not in his employment who may be affected thereby are not exposed to risks to their health or safety.

Penalty

The University of Northumbria was fined £400,000 and ordered to pay costs of £26,468.22.

 

Warburtons fined £2million after worker fall

A father-of-one was hospitalised with a compression fracture in his spine.  He was not able to return to work until December 2014 but was unable to continue in his old role and was dismissed in December 2015 after another long period of sick leave.

Warburtons Limited routinely expected their workers to access the top of the mixers to clean them. The workers were often unbalanced and would brace themselves to stop from falling. The workers were not adequately supervised and there had been no training on how the mixer needed to be cleaned at height. The company failed to control the risk of falls from height when carrying out this routine cleaning activity.

Breach

Warburtons Ltd pleaded guilty to breaching Regulation 6(3) of the Work at Height Regulation 2005. This paragraph states where work is carried out at height, every employer shall take suitable and sufficient measures to prevent, so far as is reasonably practicable, any person falling a distance liable to cause personal injury.

Penalty

Warburtons Ltd were fined £2million and ordered to pay costs of £19,609.28.

 

Worker exposed to high level of carbon monoxide

Workers from Westlands Construction Ltd were using a petrol powered saw to cut out an existing concrete floor at a fish factory in Hull. The workers were inside the area working over a weekend, the space was not ventilated and there was a build-up of carbon monoxide, which lead to one worker being hospitalized.

The HSE found that the company had not thought about the potential dangers an un-ventilated tent would cause. The company should have used a system of dust suppression and local exhaust ventilation together with appropriate respiratory protective equipment to prevent or reduce exposure to harmful dust.

Breach

Westlands Construction Ltd pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974. Section 3(1) states that every employer must conduct his undertaking in such a way as to ensure that persons not in his employment who may be affected thereby are not exposed to risks to their health or safety.

Penalty

Westlands Construction Ltd was fined £16,000 with £847.30 costs by Hull Magistrates Court.

 
 
 
 
 
 
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

Waterman Greenspace takes the burden out of your Management Systems and the hard work from Compliance.

Waterman has taken all reasonable precautions to ensure that information contained in this bulletin is accurate, but stresses that the content is not intended to be comprehensive. Waterman recommends that no action be taken on matters covered in this bulletin without taking full professional advice. Waterman holds the copyright for the Legal Update which is sent to you on the basis that it should not be used or reproduced in any material or other medium produced by you or passed to any third parties without the prior consent of Waterman.
 
 
 

 
 
 
 
 
 
 
 

 
 
 
© 2025 Waterman Group plc
 
 
 


The contents of this e-mail and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom it is addressed. Any views stated herein do not necessarily represent the view of the company and are those of the individual sender, except where it specifically states them to be the views of the Company.
No confidentiality or privilege is waived or lost by any mis-transmission. If you have received this e-mail in error please delete it and all copies and e-mail a notification to the sender. Any dissemination, distribution or copying of this e-mail is strictly prohibited and may constitute a breach of confidence.


All reasonable precautions have been taken to see that no viruses are present in this e-mail. Waterman Group cannot accept liability for loss, disruption or damage however caused, arising from the use of this e-mail or attachments and recommend that you subject these to virus checking procedures prior to use.
E-mail messages may be monitored and by replying to this message the recipient gives their consent to such monitoring.