Climate Greenspace Health and Safety Legal Update: April 2017


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


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

New publications this month:

Maritime and Coastguard Agency

Maritime safety information: leaflet

This leaflet, which provides details of maritime safety information broadcasts on behalf of the Maritime and Coastguard Agency, has been updated to reflect changes to VHF channels used.

Marine Guidance Notes

The following marine guidance notes were issued or updated in April 2017:

 
 
 
 
 
 
 
Offences
 
 

Utility infrastructure company sentenced after worker struck with pipe

Forefront Utilities Limited has been fined after an employee was seriously injured when a pipe fell into the trench he was working in.

The employee had entered the trench to connect gas pipes. The new pipes were resting on packing timber across the trench, but their weight caused the tarmac to give way. The pipes then fell into the trench resulting in significant injuries, including a fractured spine. The incident has left the employee paralysed with no feeling in his bowel.

A subsequent HSE investigation found that the method being used to join newly laid sections of pipe with previously laid pipe was not safe.

Penalty

Forefront Utilities Limited was found guilty, fined £200,000 and ordered to pay costs of £56,686.

Breach

Forefront Utilities Limited was found guilty of breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. Section 2(1) requires that every employer ensures, so far as is reasonably practicable, the health, safety and welfare at work of all employees.

 

Passenger lift contractor fined after worker loses thumb

A company has been fined after a worker lost their thumb while working on passenger lifts at Tufnell Park underground station.

Westminster Magistrates Court heard how the worker had been replacing the lifts at the station. On 26 October 2015 weights were being lowered and guided down a lift void when the load fell and amputated the employee’s thumb.

A subsequent HSE investigation identified that the lifting activity had not been planned appropriately or undertaken safely. The investigation also found that all four employees of the company (PD Lift Services Limited) had been exposed to serious work at height risks.

Penalty

PD Lift Services Limited pleaded guilty and was fined £36,000. The company was ordered to pay full costs of £1173.60, plus a victim surcharge of £120.

 

Hostel owners sentenced after employees placed at risk of asbestos exposure

Fines have been issued to two sister companies after an inspection found that asbestos exposure risk was not being managed appropriately at a site in Manchester.

An unannounced visit by the HSE found that the site, a hostel which was undergoing a basement conversion, had not been subject to an asbestos survey. However, tradesmen were found to have already commenced stripping out the majority of the space.

Hatters Taverns Limited had appointed sister company Hatters Hostel Limited as the main contractor for the works.

Penalty

In Manchester Crown Court, Hatters Taverns Limited pleaded guilty and was fined £10,000.

The sister company, Hatters Hostel Limited, pleaded guilty and was fined £24,000 and ordered to pay the combined costs for both defendants of £10,232.50.

Breaches

Hatters Taverns Limited pleaded guilty to breaching Regulation 4(3) of the Control of Asbestos Regulations 2012. Under Regulation 4(3), dutyholders are required to ensure a suitable and sufficient assessment is carried out to determine whether asbestos is present or liable to be present in the premises.

Hatters Hostel Limited pleaded guilty to breaching Regulation 5(a) of the Control of Asbestos Regulations 2012. Under Regulation 5(a), employers must not undertake demolition, maintenance or other work which exposes or is liable to expose employees unless a suitable and sufficient assessment has been carried out to determine whether asbestos, what type of asbestos, contained in what material and in what condition is present or is liable to be present in those premises.

 
 
 
 
 
 
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.