Climate Greenspace Health and Safety Legal Update: January 2021


Welcome to the Climate Greenspace Health and Safety Legal Update: January 2021 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.


 
 
 
 
January 2021
 
 
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)

Civil Explosives and Brexit

The HSE has updated its guidance on the transfer of explosives to reflect changes as a result of the end of the post-Brexit transition period.

From 1 January 2023, civil explosives must be labelled or marked with the UKCA mark to permit supply in Great Britain. From 1 January 2023 this mark must be provided on the explosive product itself. EU conformity and marking rules will continue to apply in Northern Ireland.

 

 

DEPARTMENT FOR ENVIRONMENT, FOOD AND RURAL AFFAIRS (DEFRA)

How to comply with REACH chemical regulations

Updated guidance has been provided on how to register an organisation on the Comply with UK REACH service. This service needs to be used to

  • transfer any EU REACH registration into UK REACH (also known as ‘grandfathering’) to continue having access to the GB market after 30 April 2021;
  • submit a new registrations for a substance;
  • to notify that you’re going to continue importing substances from the EU or European Economic Area (EEA) by submitting a Downstream User Import Notification (DUIN); or
  • transfer your assets, such as registrations, to another legal entity.

 

 

HEALTH AND SAFETY EXECUTIVE NORTHERN IRELAND (HSENI)

Example COVID-19 workplace risk assessment template

This example risk assessment has been provided for use by businesses when carrying out a risk assessment for COVID-19.  

 
 
 
 
 
 
 
Offences
 
 

Steel company fined after worker fatality

An Essex-based steel company has been fined after a worker was fatally injured by falling steelwork.

On 4 April 2019, a man visited PCR Steel Ltd at their premises in Essex to collect a load. He was performing an unplanned lifting operation, loading a metal balcony base frame onto a flatbed trailer, when an incident occurred. The load was not properly secured to a telehandler and a balcony frame weighing approximately 400kg fell and crushed the 47-year-old man, who had been standing on the back of the trailer bed.

An HSE investigation found the company failed to ensure that the lifting operation was properly planned by a competent person, appropriately supervised, and carried out in a safe manner. There was no lift plan for the manoeuvring of balcony frames that could have considered the load’s security, size and weight. There was no plan for how the load would be set down, nor for how to exclude people from the danger zone.

Breaches

PCR Steel Ltd pleaded guilty to breaching Regulation 8(1) of the Lifting Operations and Lifting Equipment Regulations 1998 and Section 3(1) of Health and Safety at Work Act 1974:

Penalty

PCR Steel Ltd was fined £50,000 and ordered to pay costs of £9,900.

 

 

Fines for Director of construction company after sub-contractor suffers serious injuries

The director of a construction company has been fined after a sub-contractor suffered serious injuries when a stack of plasterboards fell on him at a site in Surrey.

On 12 April 2019 sub-contractors were moving sheets of plasterboard weighing 32kg each from the ground floor to the second floor of a house undergoing refurbishment. As there was no staircase in place, they were stacking the plasterboard against an unsecured ladder and sliding them up to the floor above.

During the process of sliding the plasterboards, the boards fell on the worker, fracturing his pelvis.

An HSE investigation found there was no safe system of work in place and workers were not adequately supervised. The stairwell openings were not guarded. The openings were partially spanned with scaffold boards resting on insecure scaffold poles, creating a significant fall risk.

Breach

The director pleaded guilty to breaching Section 37 of the Health and Safety at Work Etc Act 1974.

  • Section 37 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.

Penalty

The director was sentenced to 20 weeks in custody suspended for 12 months, fined £3,400 and ordered to pay costs of £600.

 

 

Company and Director fined after workers fall from height

A roofing supplies firm and its director have been fined after two workers fell from a tower scaffold, sustaining serious injuries.

On 27 November 2018 two employees had been working with the sole director of the company to install signage at retail premises in Prestwich. A tower scaffold was being used to carry out the work. During the afternoon, when the director was no longer on site, the tower scaffold moved away from the building and the two employees fell approximately two metres, suffering fractures to their legs and ankles.

An HSE investigation found that the tower scaffold had not been erected by someone with suitable training. The scaffold was missing guard rails and no outriggers in place at the time of the incident.

Although the injuries were notifiable, the company also failed to report the incident as required by the Reporting of Injuries, Diseases and Dangerous Regulations 2013 (RIDDOR).

Breaches

Rooffabs Direct Limited pleaded guilty to breaching Section 2(1) of Health and Safety at Work Act 1974 and Regulation 3(1) of the Reporting of Injuries, Diseases and Dangerous Regulations 2013. The director also pleaded guilty under Section 37 of the Health and Safety at Work Etc Act 1974 to the breaches of the above legislation.

Penalties

Rooffabs Direct Limited was fined £20,000.

The director was ordered to complete 100 hours community service, pay compensation orders of £500 each for the two injured persons and was ordered to pay costs of £1,000.

 
 
 
 
 
 
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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