Climate Greenspace Health and Safety Legal Update: March 2017


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


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

New publications this month:

Health and Safety Executive (HSE)

Research Reports

The HSE published four research reports during March 2017:

 

Health and Safety Executive Northern Ireland (HSENI)

What to expect when a health and safety inspector calls

This guidance document provides information on the enforcement actions which may be taken by a health and safety inspector and their respective duties.

 

Five steps to risk assessment

This guidance document provides information on how to carry out a risk assessment and provides information on how to assess health and safety risks in the first place.

 

Building a new farm building or renovating an existing farm building

This publication concerns health and safety law applicable to individuals building a new farm or renovating an easing farm building.

 

CABINET OFFICE

Strategic National Guidance: The decontamination of buildings, infrastructure and open environment exposed to CBRN materials

This updated document provides guidance on how to decontaminate buildings exposed to releases of chemical, biological, radiological or nuclear (CBRN) materials.

 

OFFICE OF RAIL AND ROAD

Annual safety reports - guidance for mainline transport operators     

This document provides guidance for transport operators and mainline infrastructure managers in producing their annual safety reports.

 
 
 
 
 
 
 
Offences
 
 

£160,000 fine for aircraft company after workers fell from the tail of a plane

Chelmsford Magistrates’ Court heard that an employee of Infinite Engineering Services and an agency worker suffered broken bones after he feel about 10-15 feet whilst they were carrying out checks at the tail of an aeroplane. The accident happened on 10 June 2015.

They were working either side of the tail using mobile elevated work platforms when another employee closed the wrong circuit breaker, inadvertently opening the plane’s airbrake, which knocked over both platforms.

The employees incurred serious injuries including fractures to the pelvis and elbow, a broken back and ribs and punctured lungs.

The Health and Safety Executive (HSE) found that no Infinite Engineering Services had no suitable risk assessment was in place and there was a lack of effective monitoring.

Breach

Inflite Engineering Limited, based at Stansted Airport, pleaded guilty to breaches under Sections 2 and 3 of the Health and Safety at Work Act 1974.

Section 2 specifies the general duties of employers to their employees and Section 3 specifies the duties of employers and self-employed to anyone other than their employees.

Penalty

The company was fined £160,000 and ordered to pay costs of £5,492.90.

 

£600,000 fine for Council contractor after major burns to employer

A 61-year-old man was set on fire on Eastgate Street on 29 May 2015 whilst replacing a traffic light pole. He met a live underground cable which immediately gave him an electric shock, setting him on fire.

The man, who was an employee of another company asked by Amey to carry out the work, received burns to his to hands, arms, stomach, face, legs and chest.

The HSE found that Amey did not provide adequate information about the location on the location of the underground services in the area. The inquiry also found that Amey’s supervision of the work was not adequate, and it had not properly managed the risks from the underground services.

Breach

Amey LG Limited pleaded guilty to breaching Regulation 25 (4) of the Construction (Design and Management) Regulations 2015. This regulation states that construction work which is liable to create a risk to health or safety from an underground service, or from damage to or disturbance of it, must not be carried out unless suitable and sufficient steps have been taken to prevent the risk, so far as is reasonably practicable.

Penalty

The company was fined £600,000 and ordered to pay costs of £15,498.

 

Construction company fined after worker fell from height

A worker has been left paralysed after he fell more than 4 metres to the ground.

Airdrie Sheriff Court heard how Structural Metal Decks Ltd had been sub-contracted to lay metal deck flooring by John Graham Construction Ltd who were building a new health centre in Kilsyth. On 22 April 2015, a scaffolder was moving scaffolding components when he stood on a section of decking which had been put in place by SMDL. The decking sheet gave way and the man fell more than four metres to the ground.

The HSE found that the metal deck sheets on the first level of the building had not been secured and access to this level was not adequately controlled. This allowed non-decking workers onto the deck.

Breach

Structural Metal Decks Limited pleaded guilty to breaching Sections 3(1) and 33(1) of the Health and Safety at Work Act 1974.

Section 3(1) states that It shall be the duty of every employer to conduct his undertaking in such a way as to ensure that persons not in his employment are not thereby exposed to risks to their health or safety.

Section 33(1) states that failing to discharge any general duty is an offence.

Penalty

Structural Metal Decks Limited was fined £105,000.

 
 
 
 
 
 
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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