Climate Greenspace Health and Safety Legal Update: December 2019


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


 
 
 
 
December 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)

Mapping the chemical universe: List of substances by regulatory action

ECHA has published a spreadsheet listing 21,000 REACH-registered substances, divided with respect to regulatory action underway as follows. This is useful for producers, suppliers and end-users of chemicals subject to REACH.

  1. Regulatory risk management ongoing: substances with confirmed hazards for human health and the environment.
  2. Regulatory risk management under consideration: substances that are currently being considered for regulatory risk management.
  3. Data generation: substances that require additional information to conclude whether further regulatory action is needed.
  4. Currently no further actions proposed: substances for which authorities have not proposed further regulatory action at the moment.
  5. Not yet assigned: substances currently registered under REACH but not yet assigned to any of the other pools.

 

MARITIME & COASTGUARD AGENCY (MCA)

MIN 604 (M+F) Anchoring – Avoiding damage to cables and pipelines

This Marine information Note concerns safe anchoring practices where cables and pipelines may be present.

 

MGN 623 (M+F) Telemedical advice service (TMAS) for ships at sea

This Marine Guidance Note replaces MGN 225 (M+F). It provides guidance on how to obtain telemedical advice (previously radio medical advice) when a medical incident or medical emergency arises at sea.

 

Updated Merchant Shipping Notices (MSNs)

The following MSNs were updated in December 2019:

 
 
 
 
 
 
 
Offences
 
 

Company fined for high-hazard biological agent breach

A bio-sciences company has been sentenced after it was found to possess high hazard infectious biological material without a licence.

In September 2017, concerns were raised in connection with Thermo Electron Ltd (trading as Fisher BioServices) regarding biological agents that had arrived at its site in Bishop Stortford. These arrived in a shipment from overseas.

An HSE investigation found that between April 2016 and February 2018, Thermo Electron Ltd was in possession of a large quantity of infectious avian influenza and West Nile virus. Both of these biological agents require a licence under the Specified Animal Pathogens Order 2008. The HSE confirmed the company had obtained no such licence.

Breach

Thermo Electron Ltd admitted to two breaches of Section 73(a) of the Animal Health Act 1981.

  • Section 73(a) makes it an offence to breach the Act or any regulations or orders made under it.

Penalty

Thermo Electron Ltd was fined £40,000 and ordered to pay costs of £80,000.

 

Fire at chemical dispensing site leads to fine

LMA Services Ltd, a chemicals company in Pocklington, has been sentenced for safety breaches after a major fire.

On 30 June 2016 a fire started during a chemical dispensing operation in a Warehouse. The highly flammable liquid heptane was being decanted from a bulk storage container into 4-litre metal cans. An operator dropped a can he was filling, exited the warehouse quickly and raised the alarm. This operator did not suffer any serious injury. However, a fire spread quickly and destroyed the warehouse, the adjacent warehouse and an external storage area between the two.

An HSE investigation found that the dispensing process involved placing a bulk container of heptane onto racking at a height of around 1.5m. A table was then positioned beneath the bulk container. On this table a small electrical weighing scale was positioned. Metal cans were placed onto the scale and employees filled the cans by manually operating a tap on the bulk container.

Flammable vapour created during the process came into contact with an ignition source causing it to ignite. The HSE’s investigation found that the most likely source of ignition was a spark from the electrical weighing scales.

Breach

LMA Services Ltd pleaded guilty to breaching Regulation 6(3) of the Dangerous Substances and Explosive Atmospheres Regulations 2002:

  • Regulation 6(3) requires employers to, so far as is reasonably practicable, apply measures consistent with the DSEAR risk assessment and appropriate to the nature of the activity or operation to control risks or mitigate detrimental effects of a fire, explosion or other harmful physical effects from dangerous substances. This duty applies where it is not reasonably practicable to eliminate risks from dangerous substances.

Penalty

LMA Services Ltd was fined £14,000 and ordered to pay £2,377 in costs.

 

Manufacturer of metal castings fined after explosion

A castings manufacturer in Somerset has been fined after an explosion injured a worker.

On 5 March 2018 an employee of Cronite Castings Ltd was manually loading a 500kg capacity foundry furnace with metal charge. Solid pieces were added to the molten metal, some of which were wet. An explosion occurred, resulting in the ejection of molten metal from the furnace. The employee came into contact with the molten metal and suffered burns to their torso and hand.

An HSE investigation found that procedures for keeping metal charges dry and checking for wetness before furnace loading were inadequate. The investigation found that a roof leak over the stored charge material had been identified but remedial action was not taken. Additionally, the injured person was not wearing the correct personal protective equipment, which had become custom and practice on the night shift. Supervision arrangements had not been effective in ensuring proper use of molten-metal PPE.

Breach

Cronite Castings Ltd of Crewkerne, Somerset, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974.

  • Section 2(1) requires employers to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all their employees.

Penalty

Cronite Castings Ltd was fined £50,000 and ordered to pay costs of £8544.90, plus court surcharge of £170.00.

 
 
 
 
 
 
Kenny Wintle
e: kenny.wintle@watermangroup.com

Waterman Infrastructure & Environment Ltd
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