Climate Greenspace Health and Safety Legal Update: June 2017


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


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

New publications this month:

PUBLIC HEALTH ENGLAND

Chemicals: Incident management documents

Updated incident management guidance has been published for the following hazardous chemicals:

Chemicals: Updated general information documents

Updated general information documents have been published for the following chemicals:

 

MARITIME AND COASTGUARD AGENCY

Research Report 1089 (RR1089): Leadership and worker engagement in the ports industry

This report presents findings of a study on leadership and worker engagement across ports in Great Britain.

 

HEALTH AND SAFETY EXECUTIVE NORTHERN IRELAND (HSENI)

Safety alert: Safe use of emery cloth

This alert concerns risks associated with the use of emery cloth on rotating machinery.

 

EUROPEAN CHEMICALS AGENCY (ECHA)

Guidance on requirements for substances in articles

ECHA’s guidance on substances in articles under REACH has been updated.

 
 
 
 
 
 
 
Offences
 
 

Company fined after the death of worker

A contractor from Gateshead has been fined after it was found to have inadequately planned rescue arrangements for work at height.

On 21 October 2013 an employee was dismantling temporary roofing at Devonport Naval Base. The employee was using a mobile elevated work platform (MEWP) to undertake this task. Colleagues later found the employee trapped between a roof beam and the controls of the MEWP. There was a delay in the employee being lowered to the ground, and he died of a pre-existing heart condition.

An HSE investigation found that the work with the MEWP in the restricted overhead area had not been adequately planned, that other employees had not received adequate training in lowering the MEWP in an emergency and that practice drills had not been undertaken.

Penalty

Pyeroy Ltd was fined £130,000 and ordered to pay costs of £14,388.36.

Breach

Pyeroy Ltd pleaded guilty to breaching Regulation 4(1) of the Work at Height Regulations 2005:

  • Regulation 4(1) requires that every employer shall ensure that work at height is properly planned, appropriately supervised and carried out in a manner, which is so far as is reasonably practicable, safe.

 

Company fined after uncontrolled fire

A Middlesborough-based chemical manufactured has been fined following an uncontrolled fire at its premises.

A large fire occurred at Vertellus Specialities UK Ltd’s premises in Seal Sands on 14 May 2014. The court head that this fire involved large quantities of dangerous substances, including virtride, which led to the fire being declared a major incident. A drum of virtride burst open, causing a large fireball.

Although no one was injured as a result of the fire, the police declared a major emergency and a road closure was in place for several hours.

A joint investigation by the HSE, Environment Agency and Cleveland Fire Brigade found that the company had failed to maintain equipment adequately. The company was also found to have failed to ensure suitable equipment was in place to control temperatures or prevent ignition of an uncontrolled release.

Penalty

Vertellus Specialities UK Ltd was fined £135,000 and ordered to pay costs of £37,653.12.

Breach

Vertellus Specialities UK Ltd pleaded guilty to breaching Regulation 4 of the Control of Major Accidents Hazards Regulations 1999:

  • Regulation 4 applies a general duty on operators to take all measures necessary to prevent major accidents and to limit their consequences to persons and the environment.

 

Company fined after failing to comply with enforcement action

A construction contractor has been fined after failing to comply with improvement notices served by the HSE and Torbay Council regarding its operations at a site in Devon.

The HSE inspected the work site on 12 March 2015 following notification of the issues by the local authority. The inspection found that residents had been placed at risk as fall prevention measures had not been applied in some homes, with walls creating drops between two to four and a half metres.

Inspections by the HSE and the local authority found an overall failure to take reasonable steps to manage the construction work without risk to the health and safety of workers and residents.

Improvement notices were issued against the contractor, regarding issues including the site fencing and perimeter, and signs identifying the site. Hatchmere Park Ltd failed to comply with the notices issued.

Penalty

Hatchmere Park Ltd was fined £90,000 and ordered to pay costs of £25,000.

Breaches

Hatchmere Park Ltd pleaded guilty to a total of eight charges laid by the HSE and Torbay Council for failures to comply with the enforcement notices and breaches of Regulation 9(1) and 4(1) of the Construction (Design and Management) Regulations 2015:

  • Under Regulation 9(1) a designer must not commence work relating to a project unless satisfied the client is aware of the duties it owes under these regulations.
  • Regulation 4(1) requires that clients make suitable arrangements for managing a project, including the allocation of sufficient time and resources.
 
 
 
 
 
 
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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