Climate Greenspace Health and Safety Legal Update: October 2017


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


 
 
 
 
October 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 NORTHERN IRELAND (HSENI)

First-aid at work FAQs

HSENI has published a frequently asked questions (FAQs) document concerning the cessation of HSENI approval of first-aid training providers on 31 October 2017. These changes are implemented through the Health and Safety (First-Aid) (Amendment) Regulations (Northern Ireland) 2017.

 

EUROPEAN CHEMICALS AGENCY (ECHA)

Member States to evaluate 107 substances in 2018-2020

ECHA has published a draft Community Rolling Action Plan (CoRAP), setting out proposals to evaluate 107 substances registered under REACH between 2018 and 2020. The final plan will be published in March 2018.

The plan includes four evaluations in the UK:

  • 1,1,1,3,5,5,5-heptamethyl-3-[(trimethylsilyl)oxy]trisiloxane;
  • 1,1,1,3,5,5,5-heptamethyltrisiloxane;
  • 3,5,5-trimethylhexanoic acid; and
  • Amines, C12-14 (even numbered)- alkyldimethyl, N-oxides.
 
 
 
 
 
 
 
Offences
 
 

Three companies sentenced after pressure test failure results in life changing injury

Fines have been issued to three companies after an employee inspecting a pressure vessel suffered severe injuries.

On 3 December 2013 an employee of R&A Kay Inspection Services was verifying the pressure test of a boiler at a biomass power station in Wilton, Cleveland. A second contractor, Central Industrial Services, was assisting the test, which was undertaken by the power station operator (Sembcorp Utilities).

The court heard that during the test a valve on a pressure test rig was pressurised above the safe working limit and failed, causing a hose and metal fitting assembly to whip round. This struck the R&A Kay Inspection Services employee on the leg, resulting in serious compound fractures. After the hearing the HSE principal inspector stated that if an appropriate pressure relief had been fitted and a suitable safe system of work was in place, the employee would not have been injured.

The injured party subsequently had his leg amputated below the knee, following three years of repeated surgery.

Breaches

Sembcorp Utilities (UK) Limited pleaded guilty to breaching Section 2(1)  and Section 3(1) of the Health and Safety at Work etc. Act 1974.

Central Industrial Services (Northern) Ltd pleaded guilty to breaching Section 2(1)  and Section 3(1) of the above Act.  

R&A Kay Inspection Services pleaded guilty to breaching Section 2(1) of the above Act.

Penalties

Sembcorp Utilities was fined £1,350,000 and ordered to pay costs of £33,000.

Central Industrial Services was fined £120,000 with £2,000 costs.

R&A Kay Inspection Services was fined £37,500 with £33,000 costs.

 

Liquid petroleum gas (LPG) service provider fined after an employee suffers serious burns

A company has been fined after an LPG vessel ignited, causing serious burn injuries to a worker.

On 8 June 2016 an employee of S&E LPG Ltd was manoeuvring an unsecured LPG vessel. During the manoeuvre this vessel struck another, leading to the release of LPG at high pressure. LPG released ignited, catching the worker in the flames. The resulting fire spread to other stored vessels and lasted 24 hours.

An HSE investigation identified that empty LPG vessels were not stored correctly on the date of the incident or beforehand, presenting a fire and explosion risk. Established industry standards were not followed.

The HSE found that the vessel being manoeuvred had been moved by road on 11 May 2016 while containing hundreds of litres of LPG. The vessel was not approved for transportation of this quantity of LPG, presenting a significant risk of fire and explosion on the public highway.

Breach

S & E LPG Ltd pleaded guilty of breaching Regulation 5 of The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 and Section 3 of the Health and Safety at Work etc. Act 1974.

Penalty

The company was fined £26,600 and ordered to pay costs of £3550.90.

 

Road haulage company fined following worker fatality

A road haulage firm in Essex has been fined after an employee died following crush injuries.

On 20 October 2015 the employee was coupling an HGV tractor unit to a trailer when his vehicle rolled forward out of control. The employee was crushed between two vehicles and later died from his injuries.

An HSE investigation identified that the firm (YCT Limited) had failed to implement safe systems of work or monitoring arrangements to ensure drivers were consistently undertaking coupling and uncoupling operations safely and in line with industry guidance. As a result, a culture was found to have developed where drivers did not always apply trailer parking brakes.

Breach

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

Penalty

The company was fined £170,000 and ordered to pay costs of £6,268.80

 
 
 
 
 
 
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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