New publications this month:

HEALTH AND SAFETY EXECUTIVE (HSE)

Safety Bulletin: Air suspension systems on vehicles

This bulletin is targeted at those carrying out or responsible for work on vehicles with air suspension systems.

Working safely during the coronavirus outbreak - a short guide

This guide includes practical measures to tackle COVID-19 risks, for example putting in place social distancing measures, staggering shifts, providing additional handwashing facilities and how to talk with workers to help them stay safe..

Talking with your workers about working safely during the coronavirus outbreak

Guidance is provided on consulting and involving employees in managing the risk of coronavirus.

Legionella risks during the coronavirus outbreak

Additional guidance is provided on tackling Legionella risks associated arising during lockdown due to the COVID-19 pandemic.

Use of PPE during the COVID-19 outbreak

Guidance has been published on the use of PPE during the outbreak, as follows:

• PPE in health and social care
• PPE in non-healthcare businesses

DEPARTMENT OF HEALTH AND SOCIAL CARE

NHS test and trace: workplace guidance

Guidance is provided on the use of the NHS test and trace service in workplaces.

HEALTH AND SAFETY EXECUTIVE NORTHERN IRELAND (HSENI)

Managing legionella during COVID-19 lockdown

Additional guidance is provided on tackling Legionella risks associated arising during lockdown due to the COVID-19 pandemic.

OFFICE OF RAIL AND ROAD (ORR)

Holding Network Rail to account: During COVID-19

ORR has published information on how it will hold Network Rail to account during the COVID-19 outbreak. This includes licence compliance and meeting COVID-19 regulatory obligations during this time. A Network Rail letter regarding compliance with COVID-19 obligations has also been published.

Holding Train Operating Companies to account during the coronavirus pandemic

ORR has published a letter stating how it will hold train operating companies to account during the pandemic.

DEPARTMENT FOR ENVIRONMENT, FOOD & RURAL AFFAIRS (DEFRA)

Guidance on prioritising waste collection services during coronavirus (COVID-19) pandemic

This guidance has been updated to reflect changes to rules and availability of tests.

MINISTRY OF HOUSING, COMMUNITIES & LOCAL GOVERNMENT

May 2020 amendments to Approved Document B, volume 1 and volume 2

Approved Document B concerns fire safety and applies under the Building Control regime in England. Volume 1 concerns dwellings, while volume 2 concerns other buildings.

The amendment document presents forthcoming changes to Approved Document B, which will take effect in England from 26 November 2020. Prior to this date, Approved Document B will be updated to incorporate the amendments.

Coronavirus (COVID-19): construction update Q&A

This Q&A supports the written ministerial statement on planning and construction working hours, which was made during 13 May 2020.

Under the statement, Local Planning Authorities are expected to approve requests to extend construction working hours temporarily to ensure safe working in line with social distancing guidelines until 9pm, Monday to Saturday, unless there are very compelling reasons against this.

Coronavirus (COVID-19): guidance for local government

This guidance has been updated to reflect the evolving situation with COVID-19, restrictions and testing.

CONSTRUCTION LEADERSHIP COUNCIL

Site operating procedures for construction sites during the COVID-19 pandemic

Guidance is provided on how construction sites can be operated safely during the COVID-19 outbreak.

DEPARTMENT FOR BUSINESS, ENERGY & INDUSTRIAL STRATEGY (BEIS)

5 steps to working safely

This new guidance document outlines five main steps for businesses to take.

COVID-19 guidance for business sectors

New sections have been added to the following guidance:

• Construction and other outdoor work
• Factories, plants and warehouses
• Homes
• Labs and research facilities
• Offices and contact centres
• Restaurants offering takeaway or delivery
• Shops and branches
• Vehicles

DEPARTMENT FOR TRANSPORT

Coronavirus (COVID-19): safer travel guidance for passengers

This new document provides guidance on safe travel during the outbreak.

DEPARTMENT FOR EDUCATION

Guidance has been published for education providers regarding the COVID-19 outbreak:

• Actions for HE providers during the coronavirus outbreak
• Actions for FE colleges and providers during the coronavirus outbreak
• Coronavirus (COVID-19): guidance for educational settings

WELSH GOVERNMENT

Taking all reasonable measures to maintain physical distancing in the workplace

Guidance is provided on how all reasonable measures shall be taken to maintain physical distancing within workplaces in Wales.

Coronavirus regulations: frequently asked questions

Frequency asked questions are provided regarding what businesses can and can’t do during the outbreak.

MARITIME & COASTGUARD AGENCY (MCA)

Coronavirus (COVID-19): shipping and sea ports guidance

This guidance document was updated during May 2020 to reflect information on symptoms and applicable guidance and legislation.

BREXIT UPDATE

During May 2020, the UK Government published its draft intended text of a UK-EU free trade agreement. This is supported by a series of Annexes to the draft agreement, concerning matters including air transport and civil aviation safety.

The European Commission published its own text (Draft Text of the Agreement on the New Partnership with the United Kingdom) in March 2020, with differing expectations.

Any trade agreement implemented would apply from the end of the post-Brexit transition period, which is due to end on 31 December 2020 at the time of writing.

Additionally, the UK’s Approach to the Northern Ireland Protocol was published in May 2020. This does not include specific expectations on health and safety bar a restatement of the commitment to continue to apply EU sanitary rules in Northern Ireland.

DRAFT UK-EU COMPREHENSIVE FREE TRADE AGREEMENT (CFTA)

The UK and EU would need to agree to the contents of this draft and ratify it for its requirements to come into force. An overview of draft health and safety commitments is provided below.

Trade and Labour

Article 27 of the draft agreement concerns trade and labour. This includes the following draft commitments between the UK and EU relevant to occupational health and safety:

• To ensure labour law and practices promote health and safety at work, including preventing occupational injuries or illness and providing compensation should these occur.
• To ensure that working conditions are protected to respect the health and safety of workers.
• To ensure that labour law and practices prioritise the principle of prevention with regard to health and safety.
• To apply the precautionary principle in labour law and policy.
• To take relevant scientific and technical information and related international standards, guidelines and recommendations into account in labour law.
• To permit each party to set its labour priorities, levels of labour protection and power to adopt or modify laws or policies accordingly and in light of international agreements.
• Prohibiting actions to weaken, reduce, derogate, waive or fail to enforce labour law or standards in order to encourage trade or investment.
• To ensure laws and policies encourage high levels of labour protection and to strive to improve this as applicable.
• To continue to apply international agreements on labour, including obligations under the International Labour Organisation.
• To recognise the value of, and participate in international cooperation, agreements and policy on labour standards and protection.

The draft agreement also establishes arrangements to resolve disputes or disagreements regarding labour protection between the parties.

Contractor fined nearly half a million following worker fatalities

A contractor has received a large fine after it was convicted for failing to ensure two of its workers were sufficiently rested to work and travel safely.

On 19 June 2013 two men died in the early hours when a company van crashed into a parked articulated lorry on the A1. The men had been travelling back from a night shift in Stevenage.

This sentence represents the first prosecution by the Office of Road and Rail (ORR) with respect to failures in fatigue management.

ORR’s investigation had found failures to manage fatigue amongst the workforce. The judge later found that a worker under 25 had been driving the van at the time of the incident, despite the company’s insurance policy that stipulated only over 25s may drive their vehicles. The company accepted during the trial that under 25s frequently drove company vehicles.

The judge said the contractor’s gravest failing was to perform a suitable and sufficient risk assessment on the day before the fatalities, which led to the company failing to comply with its own fatigue management procedures, nor did it comply with the working time limits for safety critical work, such as welding and trackside work, which insist there should be a ‘minimum rest period of 12 hours between booking off from a turn of duty to booking on for the next.

Breach

Renown Consultants Ltd was found guilty of failing to discharge its duties under Section 2 and Section 3 of the Health and Safety at Work etc. Act 1974 and Regulation 3 to the Management of Health and Safety at Work Regulations 1999:

• Section 2 applies general duties of employers to their employees.
• Section 3 applies general duties of employers and self-employed to persons other than their employees.
• Regulation 3 requires every employer to undertake suitable and sufficient assessments of risks to the health and safety of employees whilst they are at work and risks to persons who are not employees arising out of or in connection to the work.

Penalty

Renown Consultants Limited was fined £450,000 alongside £300,000.

Company fined £1.1m after worker fell from height

A relocation and refurbishment company has been fined after a worker was seriously injured when he fell from height.

On 5 September 2016, an engineer was testing a sprinkler system for leaks at a site in Hemel Hempstead. He climbed onto an internal roof and was inspecting the leak from an extension ladder. The ladder then slipped away from him. The worker fell almost three metres into the gap between the internal roof and the external wall.

Due to the fall, the worker suffered severe blood loss, amounting to around half of his bloodstream. He required a blood transfusion and needed 14 stiches to his head.  He also sustained a fractured vertebrae and suffered soft tissue damage.

An HSE investigation found that reasonably practicable measures had not been taken to prevent a fall from the internal roof for both the engineer and other contractors. The investigation found that Modus Workspace Limited, the principal contractor, had failed to discharge its duty to ensure those not in their employment were not exposed to risks, in particular falls from height.

Breach

Modus Workspace Limited was found guilty of breaching Section 3(1) of the Health and Safety at Work etc. Act 1974:

• Section 3(1) requires employers to conduct their undertaking in such a way to ensure, so far as is reasonably practicable, that persons who are not employees are not exposed to risks to their health and safety.

Penalty

Modus Workspace Limited was fined £1.1 million and ordered to pay costs of £68,116.18.

HSE to prosecute Theme Park Operator

The HSE has announced that it will be prosecuting Lightwater Valley Attractions Ltd after a seven-year-old boy was ejected from a Twister ride at its theme park in North Stainley, Ripon on 30 May 2019.

This follows an HSE investigation. The company will face a charge under Section 3(1) of the Health and Safety at Work etc. Act 1974:

A first hearing date is to be arranged with Leeds Magistrates Court.