Climate Greenspace Health and Safety Legal Update: February 2019


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


 
 
 
 
February 2019
 
 
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)

Change in enforcement expectations for mild steel welding fume

This safety bulletin communicates new scientific evidence that exposure to all welding fume, including that from mild steel, can cause lung cancer. Limited evidence also indicates links to kidney cancer.

As a result, the HSE has revised its enforcement expectations regarding welding fume control. Therefore, welding activities must be subject to effective engineering controls (e.g. local exhaust ventilation) that are used correctly.

If residual welding fume may not be adequately controlled by other means, appropriate respiratory protective equipment (RPE) must be provided. The bulletin states that appropriate RPE should be provided for outdoor welding. RPE must be managed appropriately, including face-fit testing of users where relying on face-fit.

This safety bulletin is directed to all workers, employers, self-employed, contractors and any others undertaking welding activities.

 

EUROPEAN CHEMICALS AGENCY (ECHA)

Act now to keep your chemicals on the EU market after the UK’s withdrawal

To keep substances registered under REACH on the EU and EEA market post-Brexit, UK-based manufacturers and formulators are required to transfer their business to an EEA state or EU Member State or to appoint an ‘only representative’ within one of these countries.

ECHA is providing a ‘Brexit window’ on the REACH-IT system between 12 and 29 March 2019. This is in order to assist UK-based companies in making changes to their REACH registrations and transferring them, allowing the substance to remain on the EEA market.

Prior Informed Consent (PIC) authorisations will also be required to export substances under this regime to from the EU-27 to the UK after Brexit.

Transferring UK REACH registrations prior to Brexit is explained in further detail by a new guidance document: How to transfer your UK REACH registrations prior to the UK withdrawal from the EU.

 
 
 
 
 
 
 
Offences
 
 

Driver seriously injured on first day at work

A distribution company has been sentenced after an agency worker sustained serious, life-changing injuries during his first day at work in Cheltenham.

On 18 May 2017, an agency worker arrived at a depot to start work as a multi-drop delivery driver. After receiving a brief induction, the first drop was delivered successfully but the second delivery had an incorrect address. As a result, 12 beer kegs scheduled for delivered were not dropped off.

On the third stop, the worker used a pallet truck to manoeuvre the beer on the lorry to access the next load on the list. During this manoeuvre the worker fell backwards and suffered serious injuries when several kegs of beer fell and struck him. Injuries included a traumatic brain injury and facial fractures requiring metal plates to be inserted into his skull.

An HSE investigation found that the worker had no previous experience in using the type of pallet truck or tail lift involved in the accident. No practical training had been given on the safe use of this machinery and safe working practices were not communicated to the agency worker.

Breach

H & M Distribution Limited pleaded guilty to breaching 3(1) of the Health and Safety at Work etc. 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

H & M Distribution Limited was fined £60,000 and ordered to pay costs of £7,203.14.

 

Fines for major construction company after fatality during infrastructure project

A contractor has been fined after an employee of Balfour Beatty Group Employment Limited was fatally injured when he was struck by a wheeled excavator. The incident occurred at the Third Don Crossing construction site in Aberdeen.

Between 4 and 13 January 2016 Balfour Beatty Civil Engineering Limited, the principal contractor, was found to have failed to ensure an adequate safe system of work for refuelling of all plant and equipment was in place. As a consequence of this, on 13 January 2016 a worker was struck by a wheeled excavator which was slewing after being refuelled.

An HSE investigation found that refuelling of plant and equipment had been identified as a high-risk activity by the principal contractor. The principal contractor had introduced a task briefing detailing a safe system of work and had risk assessed the said activity. However, it is evident that although these procedures existed in documentary format the safe system of work and its control measures had not been fully implemented at the site.

Breach

Balfour Beatty Civil Engineering Limited pleaded guilty to breaching Regulation 13(1) of the Construction (Design and Management) Regulations 2015.

  • Regulation 13(1) requires that principal contractors plan manage and monitor the construction phase and coordinate matters regarding health and safety during this phase to ensure that, so far as is reasonably practice, construction work is carried out without risks to health and safety.

Penalty

Balfour Beatty Civil Engineering Limited was fined £600,000.

 

Theme park operator in Leicestershire fined after employee suffers serious hand injuries

A company that operates Twinlakes Family Theme Park in Melton Mowbray has been fined after an employee suffered serious injuries while using a circular saw.

On 9 October 2017 a member of the park maintenance team was using a Wadkin circular saw. After cutting a piece of wood, he pressed the stop button and went round the saw to collect the cut pieces of wood. In reaching for the wood, his hand caught the saw blade, which was still rotating, severing his thumb and all four fingers on his right hand.

An HSE investigation found the company had failed to fit the saw with a brake to stop the blade safely after it was switched off. The investigation also found the company had not provided the employee with appropriate training in the use of the circular saw.

Breach

B B & B Leisure Parks Limited was found guilty of breaching Regulation 9(1) and Regulation 15(1) of the Provision and Use of Work Equipment Regulations 1998.

  • Regulation 9(1) requires employers to ensure that all persons using work equipment have received adequate training for safety purposes, including training in methods that may be adopted when using the work equipment, any risks this may present and precautions to be taken.
  • Regulation 15(1) requires employers to ensure that, where appropriate, work equipment is provided with one or more readily accessible controls to bring the work equipment to a safe condition in a safe manner.

Penalty

B B & B Leisure Parks Limited was fined £57,600 and ordered to pay costs of £1,874.80.

 
 
 
 
 
 
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

Waterman Greenspace takes the burden out of your Management Systems and the hard work from Compliance.

Waterman has taken all reasonable precautions to ensure that information contained in this bulletin is accurate, but stresses that the content is not intended to be comprehensive. Waterman recommends that no action be taken on matters covered in this bulletin without taking full professional advice. Waterman holds the copyright for the Legal Update which is sent to you on the basis that it should not be used or reproduced in any material or other medium produced by you or passed to any third parties without the prior consent of Waterman.
 
 
 

 
 
 
 
 
 
 
 

 
 
 
© 2025 Waterman Group plc
 
 
 


The contents of this e-mail and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom it is addressed. Any views stated herein do not necessarily represent the view of the company and are those of the individual sender, except where it specifically states them to be the views of the Company.
No confidentiality or privilege is waived or lost by any mis-transmission. If you have received this e-mail in error please delete it and all copies and e-mail a notification to the sender. Any dissemination, distribution or copying of this e-mail is strictly prohibited and may constitute a breach of confidence.


All reasonable precautions have been taken to see that no viruses are present in this e-mail. Waterman Group cannot accept liability for loss, disruption or damage however caused, arising from the use of this e-mail or attachments and recommend that you subject these to virus checking procedures prior to use.
E-mail messages may be monitored and by replying to this message the recipient gives their consent to such monitoring.