Climate Greenspace Health and Safety Legal Update: July 2017


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


 
 
 
 
July 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 two research reports in July 2017:

 

European Chemicals Agency (ECHA)

Guidance on the application of the CLP Criteria

This updated guidance document concerns the application of criteria for physical, health and environmental hazards under the CLP Regulation (EC) No 1272/2008.
 

Guidance on labelling and packaging

This updated document provides guidance on how to label and package substances and mixtures to meet the requirements of the CLP Regulation (EC) No 1272/2008.
 

Guidance in a nutshell on registration

This shorter document provides guidance on the registration of chemicals under the REACH Regulation (EC) No 1907/2006. The full length document (Guidance on registration) has not been updated since November 2016.
 

Additional substance added to candidate list

Perfluorohexane-1-sulfonic acid and its salts have been added to candidate list of substances of very high concern (SVHC) under the REACH Regulation (EC) No 1907/2006.

 
 
 
 
 
 
 
Offences
 
 

Paint manufacturing company fined after worker suffers burns

A paint manufacturer in Manchester, has been fined after an employee suffered serious burns.

An employee had been using highly flammable solvents to clean the floor of a spray booth. After the employee had complained about how difficult it was to remove the dried paint the employer (HMG Paints Limited) permitted him to purchase an industrial floor scrubber for the task.

On 18 November 2014 the electric motor fitted to the floor scrubber ignited the cloud of flammable vapour that had built up in the spray booth. The employee was seriously injured, suffering 26% burns. The employee received treatment at a specialist burns unit.

An HSE investigation concluded that the use of solvents for floor cleaning had not been planned appropriately, failing to recognise the hazards and level of risk associated with the activity. Additionally, the employee had not been trained for the task and was not adequately supervised during the activity.

Penalty

HMG Paints Limited was fined £80,000 and ordered to pay costs of £39,669.40.

Breach

HMG Paints Limited pleaded guilty to breaching Section 2 of the Health and Safety at Work etc. Act 1974:

 

Engineering firm fined after exposing workers to Hand Arm Vibration Syndrome (HAVS)

An engineering firm in Cheshire has been fined after it was found to have failed to control the risk to employees using hand power tools from hand-arm vibration syndrome (HAVS).

An investigation concerning the firm, Newfield Fabrications Co Ltd, identified that towards the end of 2015 a welder had been given a job involving a significant amount of grinding and polishing. After carrying out this task for a number of hours, the employee experienced numbness and tingling. Although the employee asked to swap with another worker, he was told to carry on using vibrating tools by his supervisor.

Later a 20 year old apprentice welder also began to suffer vibration-related symptoms from the use of similar tools.

The court heard how the company had also failed to provide sufficient information, instruction and training on work with vibrating hand tools and effects.

Penalty

Newfield Fabrications Co Ltd was fined £120,000 and ordered to pay £7,241 in costs.

Breaches

Newfield Fabrications Co Ltd pleaded guilty to breaching Regulation 6(1) and Regulation 8(1) of the Control of Vibration at Work Regulations 2005:

  • Regulation 6(1) requires that employees ensure risks from exposure of employees to vibration is either eliminated at source or, where this is not reasonably practicable, reduced to as low a level as is reasonably practicable.
  • Regulation 8(1) requires that suitable and sufficient information, instruction and training is provided where a risk assessment identifies there is a risk to the health of employees who are, or are liable to be, exposed to vibration, or where employees are likely to be exposed to vibration at or above an exposure action value.

 

Company fined after worker injured by a fork lift truck

A Liverpool-based manufacturer of corrugated carboard packaging has been fined after an employee was struck by a forklift truck.

On 13 April 2015 an employee suffered a fractured pelvis after they were hit by a reversing forklift truck.

An investigation by the HSE identified that West Coast Corrugated Ltd had failed to implemented a traffic management plan to ensure workers and vehicles were adequately segregated. The company was found to have considered the risk created by vehicles and pedestrians operating in the same area. Physical barriers had not been installed to clearly segregate pedestrians and vehicles.

Penalty

West Coast Corrugated Ltd was fined £80,000 and ordered to pay £4,337.84 in costs.

Breach

West Coast Corrugated Ltd pleaded guilty to 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.
 
 
 
 
 
 
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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