Climate Greenspace Health and Safety Legal Update: June 2020


Welcome to the Climate Greenspace Health and Safety Legal Update: June 2020 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.


 
 
 
 
June 2020
 
 
Congratulations. There are no changes to the legislation or other requirements in your legal register.
 
 
 
 
 
 
 
 
Recent Publications
 
 

New publications this month:

ENVIRONMENTAL AUDIT COMMITTEE

The Future of Chemicals Regulation: Introduction of a UK only Equivalent to REACH

In a letter to the Environmental Audit Committee, the Parliamentary Under-Secretary of State for the Environment and Rural Opportunities has confirmed that the UK will establish its own UK chemicals regulatory regime (UK REACH) at the end of the post-Brexit transition period.

This letter stated that an effective regulator will be in place for the UK REACH regime and that a new chemicals strategy will be applied.

 

 

HEALTH AND SAFETY EXECUTIVE (HSE)

Safety Bulletin: Use of face masks designated KN95

KN95 masks must not be used as PPE at work as their effectiveness cannot be assured.

 

COVID-19 Guidance

A series of guidance documents have been published by the HSE on the management of COVID-19 risks and associated occupational health and safety risks, including where organisations are returning to work.

 

Using PPE at work during the coronavirus outbreak

Guidance is provided on the use of PPE in non-healthcare, health and social care work during the COVID-19 outbreak.

 

Social distancing, keeping businesses open and in-work activities during the coronavirus outbreak

Guidance is provided on activities that should be undertaken at work, adherence to social distancing guidance and essential and non-essential work.

 

Manufacturing: returning to work safely during the coronavirus outbreak

Specific guidance is provided on returning to work at manufacturing sites.

 

Restarting workplace pressure systems safely during the coronavirus outbreak

This guidance concerns bringing pressure systems back into commission, where these were disabled as a result of the COVID-19 outbreak.

 

Air conditioning and ventilation during the coronavirus outbreak

The HSE has provided an overview of risks associated with air conditioning and ventilation during the COVID-19 pandemic.

 

Gas safety during the coronavirus outbreak

Information is provided on ensuring that gas appliances remain safe.

 

Face coverings and face masks during the coronavirus outbreak

Face coverings worn during the outbreak do not constitute PPE. Surgical face masks are not generally considered to be PPE in non-healthcare situations.

 

Commercial divers’ medical fitness and assessment during the coronavirus (COVID-19) outbreak

Guidance is provided on how COVID-19 risks should be managed for persons undertaking diving work and how restrictions on the availability of medicals should be addressed.

 

 

HEALTH AND SAFETY EXECUTIVE NORTHERN IRELAND (HSENI)

Safety Alert - KN95 Face Masks

KN95 masks must not be used as PPE at work as their effectiveness cannot be assured.

 

Safety Alert - Work near underground cables

Guidance is provided on precautions that must be taken for work near underground electrical installations.

 

Covid-19 guidance - Advice on preventing dermatitis at work

Guidance is provided on how dermatitis can be prevented, given the increased frequency of hand washing and use of alcohol-based sanitisers during the COVID-19 pandemic. 

 

WISHNI COVID-19 Advice

Waste Industry Safety and Health Forum Northern Ireland (WISHNI) has published guidance on the control of COVID-19 risks in the waste management industry.

 

 

EUROPEAN CHEMICALS AGENCY (ECHA)

Substance of Very High Concern (SVHC) Candidate List Updated

Four new chemicals were added to the SVHC candidate list in June 2020:

  • 1-vinylimidazole (used in formulations and as a monomer in the production of polymers)
  • 2-methylimidazole (used as a catalyst in the production of coating products);
  • Dibutylbis(pentane-2,4-dionato-O,O')tin (used as a catalyst and as an additive in the production of plastics); and
  • Butyl 4-hydroxybenzoate (used in cosmetics, personal care products and pharmaceuticals).

Meanwhile, resorcinol was not identified as a SVHC.

 

 

DEPARTMENT FOR BUSINESS, ENERGY & INDUSTRIAL STRATEGY (BEIS)

COVID-19 guidance for business sectors

Working safely during coronavirus (COVID-19)

Sector-by-sector guidance on working safely during the pandemic has been updated during June 2020. This reflects changes to the restrictions in force and businesses that are now, or will be able to, reopen.

 

 

OFFICE OF ROAD AND RAIL (ORR)

Coronavirus advice

The ORR has published online guidance on the following topics:

  • Medical fitness and competence assessments for train drivers and other safety critical staff
  • Additional guidance for mainline operators relating to licensed train drivers only
  • Engineering standards requirements for periodic inspection and maintenance
  • Practical guidance for operators on implementing COVID-19 public health advice on trains, trams and stations
  • RIDDOR reporting and COVID-19 (Novel Coronavirus)

 

 

WELSH GOVERNMENT

Building safety: position statement

This document outlines the Welsh Government’s plan to reform regulations and fire safety in high rise buildings.

 

 

MARITIME & COASTGUARD AGENCY (MCA)

The following marine guidance notes were published during June 2020:

 

Updated Guidance and Information to reflect COVID-19

The following marine information notes were been published to address the impacts of COVID-19 on the maritime sector.

 
 
 
 
 
 
 
Offences
 
 

School fined after pupil was seriously injured

An Edinburgh school has been fined after a pupil sustained severe cuts to his middle and index finger on his right hand and serious tendon damage.

Between 1 September 2015 and 2 November 2017, pupils made wooden boxes within the construction design and technology workshop at Cargilfield School. These boxes were made using a band saw, which is classified as a dangerous machine. A student was seriously injured using this item of machinery.

An HSE investigation found that Cargilfield School had failed to make a suitable and sufficient assessment of the risks arising out of or in connection with use of the band saw and failed to adequately supervise pupils while they were carrying out tasks using the band saw.

At the time of the accident, the pupil was making a free hand cut on the band saw without adequate workpiece support and was not adequately supervised.

Breach

Cargilfield School pleaded guilty to breaching Sections 3(1) of the Health and Safety at Work Act.

  • Section 3(1) requires that employers conduct activities in 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

Cargilfield School was fined £3,350.

 

 

Construction company fined after employee receives crush injury from roof truss

A construction company from Essex has been fined after a worker was seriously injured while erecting a time frame chalet bungalow.

In July 2017, the worker was seriously injured when roof trusses toppled over when they were being moved by a crate at a site in East Mersea, Essex.

An HSE investigation found that scaffolding was not installed around and within the building to provide a safe area of work. The roof trusses were lifted in packs, which created risks which that not sufficiently managed. The company and company owner had failed to suitably plan, manage and monitor the work under their control.

Breaches

JWB (Mersea) Ltd 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 health and safety matters to ensure, so far as is reasonably practicable, construction work is undertaken without risk to health or safety.

The company director and owner pleaded guilty to breaching Section 37(1) of the Health and Safety at Work etc Act 1974.

  • Section 37(1) makes any director, manager, secretary or other similar officer of the body corporate liable for offences committed by the organisation, where this could be attributed to any neglect by these persons.

Penalties

JWB (Mersea) Ltd was fined £1,000.

The company director and owner received a six-month custodial sentence, suspended for 24 months, and was ordered to do 240 hours of unpaid work.

The HSE was awarded full costs of £25,627.32.

 

 

Manufacturer fined after worker fatality

A textile manufacturer has been fined after a worker suffered fatal crush injuries whilst working on a machine.

On 24 March 2017, an employee was working on a synthetic fibre manufacturing machine at IFG Drake Ltd’s premises at Victoria Mills, Huddersfield. The worker became entangled in the machine when he was removing a lap from around the rollers. A lap occurs when fibres stick to the rollers of the machine and begin to wrap around them.

An HSE investigation found that the machine was not adequately guarded. It had become custom and practice for employees to reach around the inadequate guarding in place to deal with problems of this nature

Breach

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

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

Penalty

IFG Drake Ltd was fined £366,850 and ordered to pay £23,993 in costs.

 
 
 
 
 
 
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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