Climate Greenspace Health and Safety Legal Update: January 2019


Welcome to the Climate Greenspace Health and Safety Legal Update: January 2019 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 2019
 
 
Congratulations. There are no changes to the legislation or other requirements in your legal register.
 
 
 
 
 
 
 
 
Recent Publications
 
 

New publications this month:

EUROPEAN CHEMICALS AGENCY (ECHA)

Restriction Proposals

ECHA has published a proposal to restrict the following substances under the REACH Regulation (EC) No 1907/2006:

 
 
 
 
 
 
 
Offences
 
 

Fines for engineering company following apprentice injuries

An engineering company in Staffordshire has been fined after an apprentice suffered serious hand injuries when he was drawn into machinery.

On 3 March 2018, the 19-year-old apprentice was forming a piece of sheet metal into a radius using a three-roll bending machine. He was wearing gloves when his hand was drawn in by the in-running nip between two steel rollers. As a result, two fingers were severed, and the apprentice suffered crush injuries to his right hand.

An HSE investigation found that a safe system of work, training and supervision were inadequate. The use of gloves increased the likelihood of operators being drawn in to dangerous parts of the machine.

Breach

Air Management & Design 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

Air Management & Design was fined £12,000 and ordered to pay costs of £1,301.20.

 

Sentence for the supply of illegal chemicals

A director of a Nuneaton industrial cleaning company has received a 10-month prison sentence for selling products online containing prohibited substances.

The court heard that a complaint was made in August 2014 regarding the sale of a plant protection product containing Sodium Chlorate, a prohibited substance.

An HSE investigation also found the company was selling paint stripper containing dichloromethane, which is restricted under the Registration, Evaluation, Authorisation and restriction of Chemicals (REACH) regime.

The company also failed to check at the point of sale this paint stripper was either being sold for use in industrial installations or (post October 2016) to appropriately certificated professionals, which is a mandatory condition of sale.

The HSE worked with online platforms to remove advertisements for these products and served enforcement notices to prohibit further supply. However, the enforcement notices were ignored by Abel (UK) ltd.

Breach

Abel (UK) Ltd’s director pleaded guilty to breaching Regulation 9 and Regulation 18 of the Plant Protection Products Regulations 2011 and Regulation 11(2) of the REACH Enforcement Regulations 2008.

Penalty

The company director of Abel (UK) Ltd was given a 10-month custodial sentence.

 

Major fines for waste and recycling company following worker fatality

Veolia has been fined £1m after an employee was run over and killed at one of its sites.

On 18 October 2013, an employee was run over by a reversing refuse collection vehicle while he was walking across the yard at the Ross Depot Waste Transfer Station in Folkestone. The worker suffered fatal injuries and was pronounced dead at the scene.

An HSE investigation identified that many vehicles, including refuse collection vehicles and articulated lorries, were manoeuvring around the yard without specific controls.

Veolia had failed to adequately assess the risks involved in the yard and did not implement industry recognised control measures to protect employees.

Breach

Veolia ES (UK) Ltd of Pentonville Road, London was found guilty after a trial of breaching Section 2(1) of the Health and Safety at Work etc. Act 1974

Penalty

Veolia ES (UK) Ltd was fined £1 million and ordered to pay costs of £130,000.

 
 
 
 
 
 
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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