Climate Greenspace Health and Safety Legal Update: September 2017


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


 
 
 
 
September 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)

Asbestos Essentials

The HSE has updated its Asbestos Essentials series of task sheets. These documents provide guidance on how to safely carry out non-licensable work involving asbestos.

 

EUROPEAN CHEMICALS AGENCY (ECHA)

The UK’s withdrawal from the EU

ECHA has published guidance on the impact of the UK’s forthcoming withdrawal from the EU on the regulation of chemicals, including the impact this will have on companies.

ECHA has committed to maintaining this information as the withdrawal negotiation proceeds.

 
 
 
 
 
 
 
Offences
 
 

Waste removal contractor fined over asbestos failings

Mark John Gibson, trading as All-Gone Waste, has been fined after he was found to have worked with licensable asbestos containing materials (ACMs) without a licence.

On two occasions between 1 September and 7 November 2016, the waste removal contractor was found to have worked on ACMs requiring a licence at properties in Pony Y Clun and Dyffryn Chapel, Caerau. Although Mark John Gibson advertised an asbestos removal service, he was not licensed for work on these types of ACMs.

Breach

Mark John Gibson pleaded guilty to breaching Regulation 8(1) of the Control of Asbestos Regulations 2012 and Sections 2(1) and 3(1) of the Health and Safety at Work etc. Act 1974.

Penalty

Mark John Gibson was fined £1,500 and ordered to pay costs of £2,657.

 

Fines for Grantham-based company after fatal forklift truck injury

Vacu-Lug Traction Tyres has been fined after an employee was killed when the forklift truck he was driving overturned.

On 30 July 2014 the worker was transporting tyres when the vehicle ran over a loose tyre in the road. The vehicle overturned, crushing him between the forklift truck and the ground. The employee had not been wearing a seat belt.

An investigation by the HSE determined that the Vacu-Lug Traction Tyres did not have a policy instructing workers to wear seat belts. It was also found that tyres had not been stored securely, which had allowed the loose tyre to roll into the roadway.

Breach

Vacu-Lug Traction Tyres pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974.

Penalty

Vacu-Lug Traction Tyres was fined £300,000 and ordered to pay costs of £25,000.

 

Hand-arm vibration syndrome diagnosis leads to fines for an engineering firm

Taylor Engineering and Plastics, a Rochdale engineering firm, has been fined after an employee developed hand-arm vibration syndrome (HAVS).

The employee worked in the trimming department and had been exposed to vibration from tools used for the sanding of components. Health surveillance, which was introduced for the first time in 2014, identified that the worker had developed HAVS during his employment at the company.

An HSE investigation identified that Taylor Engineering and Plastics had failed to conduct suitable and sufficient risk assessments of vibration exposure risk. Control measures to manage employee health and eliminate or reduce vibration exposure were deemed inadequate. Employee training was also found to be inadequate.

Breach

Taylor Engineering and Plastics pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974.

Penalty

Taylor Engineering and Plastics was fined £20,000 and ordered to pay costs of £1,171.

 
 
 
 
 
 
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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