Climate Greenspace Health and Safety Legal Update: August 2020


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


 
 
 
 
August 2020
 
 
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)

Choosing hand sanitisers and surface disinfectants to use during the coronavirus (COVID-19) outbreak

Guidance is provided on the use of these chemicals.

 

Cleaning your workplace to reduce risk from coronavirus (COVID-19)

Guidance is provided on workplace cleaning for COVID-19 control.

 

RR1159 - International Association for Hydrogen Safety ‘Research Priorities Workshop’, September 2018, Buxton, UK

This Research Report presents outcomes of this workshop, which concerned the safe uptake of hydrogen technologies (e.g. for heating and transport).

 
 
 
 
 
 
 
Offences
 
 

Fines issued following worker fatality during demolition project

Three companies have been fined after a worker died during the demolition of a two-storey building.

On 13 October 2016 an employee of Ryde Demolition Limited was removing roof timbers by hand with a colleague, when a gable wall partially collapsed. The employee was caused to fall backwards, when he struck his head against a stack of roof tiles.

An HSE investigation by the Health and Safety Executive (HSE) found that the work was inadequately planned and managed by all of the duty holders involved. The technique used to remove the roof timbers was done out of sequence, leaving the brick gable wall unstable. Additionally, inadequate measures were in place to prevent falls from height, despite concerns raised by workers in the days leading up to the incident.

Breaches

Ryde Demolition Ltd of St Johns Hill, Ryde have pleaded guilty to breaching two counts of 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 their employees.

HJ Bennett Ltd of Pyle Street, Newport have pleaded guilty to breaching two counts of Section 3(1) of the Health and Safety at Work etc. Act 1974:

  • Section 3(1) requires that employers ensure, so far as is reasonably practicable, that persons they do not employ who may be affected are not exposed to risks to their health and safety.

Stoneham Construction Limited pleaded guilty to breaching Regulation 13(1) of the Construction (Design & Management) Regulations 2015:

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

Penalties

Ryde Demolition Ltd was fined £80,000 and ordered to pay costs of £12,132.02.

HJ Bennett Ltd was fined £120,000 and ordered to pay costs of £12,057.62.

Stoneham Construction was fined £56,667 and ordered to pay costs of £12,004.42.

 

Manufacturer fined after employee suffers fatal crush injuries

A manufacturer of adhesive tape in Bedfordshire has been fined after a worker was fatally injured at work.

On 10 April 2018 an employee was operating was operating the rewind slitting machine, which is designed to cut a large roll of adhesive material into narrower rolls. When he was operating the machine, he was drawn into an in-running nip between a rotating roller and the adhesive material. The worker’s colleagues found him trapped in the machine, having suffered fatal crush injuries.

An HSE investigation found that the employee was required to work close to an unguarded in-running nip whilst the rewind slitting machine was operating, which presented a hazard due to rotating parts. The risk assessment for the machine was inadequate as it failed to identify the in-running nips and other hazards on the machine.

Therefore, machine operators were provided with inadequate information and training relating to the risks associated with the operation of the rewind slitting machine and employees were placed at severe risk of injury.

The company previously received advice in 2012 from both the HSE and an external consultant regarding the guarding of machinery. However, the company had failed to take action to ensure the necessary guarding of the rewind slitting machine prior to the incident.

Breach

Scapa UK Limited pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974.

Penalty

Scapa UK Limited was fined £120,000 and ordered to pay full costs of £15,192.68.

 

Powder coating company fined after an employee suffers a serious back injury

A powder coating company has been fined after a worker in a factory in Dorset suffered shattered lumbar vertebrae and had to be kept in a lying down position on his back for two weeks in hospital.

On 27 July 2017, the worker was checking the straps on a wheeled A-frame trolley containing ten six metre long twin wall polycarbonate sheets weighing 34kg each, when the load unexpectedly toppled onto him. The worker was pushed to the ground. Colleagues had to lift the sheets off the worker and call for an ambulance.

An HSE investigation found that the company had failed to ensure the safety of workers engaged in the transfer and storage of plastic sheeting on a trolley. The investigation found that the trolley was not suitable for this task because it was not sufficiently long enough and had no means for ensuring the straps used would stay in place.

Breach

C & R Powder Coating and Welding Fabrication Ltd pleaded guilty to breaching Regulation 4 of the Provision and Use of Work Equipment Regulations 1998 (PUWER).

  • Regulation 4 applies requirements on the suitability of work equipment.

Penalty

C & R Powder Coating and Welding Fabrication Ltd was fined £20,000 and ordered to pay costs of £10,338.20.

 
 
 
 
 
 
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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