Climate Greenspace Health and Safety Legal Update: January 2018


Welcome to the Climate Greenspace Health and Safety Legal Update: January 2018 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.


 
 
 
 
January 2018
 
 
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)

Ionising Radiations Regulations (Northern Ireland) 2017 – Guidance for notifications, registrations and consents

This document provides guidance on users of ionising radiation in Northern Ireland. Guidance is provided on the three tier notification, registration and consenting requirements of the Ionising Radiations Regulations (Northern Ireland) 2017, which replace the previous notification-only approach.

Notification, registration or consent applications (as appropriate) must be submitted for existing activities using ionising radiation in Northern Ireland by 5 February 2018.

 

EUROPEAN CHEMICALS AGENCY (ECHA)

REACH Substitution Strategy

This strategy outlines action being taken by ECHA to support the replacement of harmful chemicals with safer alternatives.

 

Seven New Chemicals added to the Substances of Very High Concern (SVHC) List

The following substances have been added to the SVHC candidate list as follows. This list records substances that ECHA intends will require authorisation for use in the future.

  • Chrysene;
  • Benz[a]anthracene;
  • Cadmium nitrate;
  • Cadmium hydroxide;
  • Cadmium carbonate;
  • “Dechlorane Plus” (1,6,7,8,9,14,15,16,17,17,18,18- Dodecachloropentacyclo[12.2.1.16,9.02,13.05,10]octadeca-7,15-diene [covering any of its individual anti- and syn-isomers or any combination thereof])
  • Reaction products of 1,3,4-thiadiazolidine-2,5-dithione, formaldehyde and 4-heptylphenol, branched and linear (RP-HP) [with ≥0.1% w/w 4-heptylphenol, branched and linear]
 
 
 
 
 
 
 
Offences
 
 

Manufacturer of paper products fined after worker injury

Accrol Papers, a toilet roll manufacturer in Blackburn, has been fined after an employee was injured by machinery.

On 14 May 2016 the worker lost the top of his right index finger when he touched a moving blade while feeding paper between two rollers. This activity forms part of the normal manufacturing process.

An HSE investigation identified that employees could place one hand on the blade, which perforates the paper, while pressing a button the moving the rollers with the other.

The HSE found that although the risk of serious injury this operation presented had been identified by Accrol Papers prior to the accident, no action had been taken. It was found that threading belts, which should have been used to safely feed the paper between the roller, were missing. It was also possible to operate the machinery with one had while reaching between the rollers with the other.

Breach

Accrol Papers pleaded guilty to breaching Regulation 11(1)(a) of the Provision and Use of Work Equipment Regulations 1998.

  • Regulation 11(1)(a) requires that effective measures are taken to prevent access to any dangerous part of machinery or rotating stock-bar.

Penalty

Accrol Papers was fined £120,000 and ordered to pay costs of £9326.40.

 

Structural steelwork installation company fined after worker hit by steel plate

Tubular Erectors Limited has been fined after an employee was struck by a steel plate that fell from a crane during installation work at the University of Bedfordshire.

On 10 December 2015 workers had been working on a metal staircase under construction. Steel sheets were being lifted by a crane using magnetic lifting equipment. During this operation, a sheet became detached and fell, striking a steel fixer working on the project. The injured person fractured their spine and has been unable to continue work as a steel fixer.

An HSE investigation identified that Tubular Erectors Limited had failed to ensure lifting equipment used was of adequate strength and stability for each load. Although the safe working load of the magnet was 1,000kg, this needed to be de-rated to take the thinness and length of the metal being lifted.

The HSE also found that the contractor had failed to ensure the lifting operation was planned by a competent person, appropriately supervised and carried out in a safe manner.

Breaches

Tubular Erectors Limited of Sinclair Court, Bletchley pleaded guilty to breaching Regulation 4 and Regulation 8(1) of the Lifting Operations and Lifting Equipment Regulations 1998.

  • Regulation 4 requires that lifting equipment is of adequate strength and stability for each load, giving regard to stresses at its mounting or fixing point and that every part of a load and anything attached to it and used in lifting are adequately strong.
  • Regulation 8(1) requires that lifting operations are properly planned by competent persons, appropriately supervised and carried out in a safe manner.

Penalty

Tubular Erectors Limited was fined £32,000 with costs of £3,444.80 and a victim surcharge of £120.

 

Trailer repair company fined after worker killed

SPR Trailer Services Limited (SPR) has been fined after an employee was killed as a result of a vehicle collision.

On 23 January 2015 the employee had been working on a scissor-lift working platform. This was struck by a long goods vehicle, ejecting the employee from a height of 1.5 metres. The employee suffered fatal head injuries as a result of the incident.

The subsequent HSE investigation found that work at height had not been appropriately planned and organised. The task should have been organised to segregate the activity from workplace transport operations.

Breach

SPR 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.

Penalty

SPR was fined £120,000.

 
 
 
 
 
 
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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