New publications this month:

HEALTH AND SAFETY EXECUTIVE NORTHERN IRELAND (HSENI)

EH40: Third Edition

The third edition of the EH40 document has been approved for use in Northern Ireland. This document sets out workplace exposure limits for substances. The third edition reflects new or amended indicative occupational exposure limit values (IOLEVs) applicable to 31 substances from 21 August 2018.

Substances subject to new or revised IOELVs include:

• Manganese and inorganic manganese compounds;
• nitrogen monoxide;
• carbon monoxide;
• lithium hydride;
• sulphur dioxide;
• tetrachloroethylene;
• bisphenol A; and
• acetic acid

MARITIME & COASTGUARD AGENCY

MGN 536 (M): Safety management code for domestic passenger ships (amendment 3)

Guidance is provided to owners and operators of domestic passenger ships on audit and self-assessment obligations under the Safety Management Code for Domestic Passenger ships.

BREXIT UPDATE

In September 2018 a series of documents were published providing guidance on how various regimes would be affected should the UK leave the EU without a deal on 29 March 2019.

Regulating chemicals (REACH) if there’s no Brexit deal

As an EU Regulation, the REACH Regulation (EC) No 1907/2006 is directly in force in the UK. This document states that in the event of no deal, the Regulation will be transferred to the UK statute book, preserving it so far as is possible. Functions currently undertaken by the European Chemicals Agency (ECHA) would be transferred to the HSE.

A UK registration and evaluation system would be developed, reflecting the existing ECHA IT system. The document states that resources would be made available to provide adequate enforcement and regulation of the UK-specific chemical registration, evaluation authorisation and restriction regime.

Workplace rights if there’s no Brexit deal

Guidance is provided on a Brexit no deal scenario with respect to workplace rights. This guidance includes the Working Time Regulations 1998. Existing obligations regarding working time will continue to be applied, due to the retention of EU law on the UK statue book after exit day.

The guidance states that any amendments to this legislation will only be made to provide legal certainty and maintain functionality. The guidance commits to not changing workplace rights policy.

Trading goods regulated under the ‘New Approach’ if there’s no Brexit deal

Goods regulated under the EU’s ‘new legislative framework’ for conformity are subject to this guidance. Essential requirements, including essential safety requirements, must be met for these goods before they can be placed on the EU market. Harmonised standards may be applied to meet these requirements (this is mandatory for construction products). Conformity is demonstrated through CE marking and a declaration/certificate of conformity.

To place these products on the EU internal market if the UK leaves the EU without a deal:

• Products will need to be re-tested by an EU-recognised conformity body; or
• Manufacturers may transfer conformity documentation to an EU-recognised conformity body to maintain the validity of existing certificates of conformity.

In both scenarios, products requiring re-testing would need to be remarked with the new conformity body’s identification number.

To place products on the UK market, items may either meet EU conformity requirements or bear a UK-specific conformity marking from a UK-recognised conformity assessment body.

Products subject to this guidance include:

• Machinery;
• Pressure equipment and simple pressure vessels;
• Construction products;
• Marine equipment and recreational craft and personal watercraft;
• Gas appliances;
• Lifts;
• ATEX-rated devices;
• Personal protective equipment;
• Low voltage electrical equipment;
• Products subject to the Ecodesign Directive (2009/125/EC); and
• Civil explosives and pyrotechnic articles.

Vehicle maintenance and repair company fined for insurance breach

A Birmingham-based garage has been fined for not holding employers’ liability insurance.

An investigation by the HSE in January 2018 found that the company did not have employers’ liability insurance in place so were unable to produce a certificate.

Employers are required to ensure that they hold at least the minimum level of insurance to cover potential claims by employees injured at work or who become ill as a result of their work.

Breach

A E Motors Birmingham Ltd pleaded guilty to breaching Section 4(2)(b) of the Employers’ Liability (Compulsory Insurance) Act 1969.

• Section 4(2)(b) requires that employers provide a valid certificate of employers’ liability insurance when requested by an inspector.

Penalty

A E Motors Birmingham Ltd was fined £726 and ordered to pay costs of £557.

Water supply and sewage company sentenced after worker fatality

Yorkshire Water Services Ltd has been fined after the fatality of a worker who was undertaking work in a confined space.

On 20 July 2015 the worker was working within a dry well, a confined space, forming part of the disused lane 1 of the brewery trade waste treatment plant in Tadcaster. The adjoining lane 2 of the plant remained in service. The worker was tasked with replacing the stop valve on a disused drain pipe on lane 1.

The brewery trade waste plant used oxygen gas injection as part of water treatment and was the only Yorkshire Water Services effluent treatment plant to do so. The worker was using an angle grinder to cut through corroded bolts when sparks from the wheel impacted his overalls, bursting into flames. The worker suffered whole bod burns and later died in hospital.

An HSE investigation identified that the drain valve was half-open, leading to oxygen-enrichment within the dry well, greatly increasing the risk of fire. Furthermore, the investigation identified that a near miss report had been recorded at the same location in September 2014. The investigation carried out in response to the near miss had reached an incorrect conclusion, deeming the oxygen enrichment to be due to residual oxygen in the area.

The HSE found that Yorkshire Water Services Ltd’s risk assessment and permit to work procedures were inadequate and did not address oxygen enrichment as a specific hazard. Employees working on the day of the incident were not familiar with the site and were unaware of the near-miss in September 2014. Therefore, these persons did not have adequate knowledge or experience to recognise oxygen-enrichment of the dry well as a potential hazard.

Breach

Yorkshire Water Services Ltd pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974.

• Section 2 (1) of the Health and Safety at Work etc. Act 1974 requires that every employer ensures, so far as is reasonably practicable, the health, safety and welfare at work of all employees.

Penalty

Yorkshire Water Services Ltd was fined £733,000 and costs of £18,818.

Residents exposed to carbon monoxide due to construction company failings

Willmott Partnership Homes Ltd has been fined after it was found to have exposed members of the public to carbon monoxide fumes

On 11 December 2014 a number of gas installations at Hamilton House in Wolverton near Milton Keynes had been found to be either immediately dangerous or at risk, following a householder reporting the smell of gas.

A subsequent HSE investigation found that Wilmott Partnership Homes Ltd had constructed the flats a number of years prior to the incident. In 2014 remedial work was undertaken to an external wall. During the demolition and reconstruction of the wall, many of the live flues serving gas boilers present had become damaged or blocked. This exposed the residents to a risk of carbon monoxide poisoning.

Wilmott Partnership Homes Ltd had undertaken the remedial work as the principal contractor. The HSE found that the company had failed to ensure that an adequate system of work was in place to manage the risk associated with the proximity to the live flues.

Breach

Willmott Partnership Homes Ltd pleaded guilty to breaching Section 3(1) of the Health and Safety at Work Act 1974.

• Section 3(1) requires that employers conduct their activities in a manner to ensure, so far as is reasonably practicable, that persons they do not employ are not exposed to risks to their health or safety.

Penalty

Willmott Partnership Homes Ltd was fined £1.25 million and ordered to pay costs of £23,972.33.