Climate Greenspace Health and Safety Legal Update: February 2021


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


 
 
 
 
February 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)

Disinfecting using fog, mist and other systems during the coronavirus (COVID-19) pandemic

The HSE has published guidance on the safe use of fog, mist and other disinfection systems during the coronavirus pandemic.

 

Updated first-aid at work guidance during the pandemic

The Resuscitation Council UK has temporarily omitted rescue breaths from first-aid at work training during the current period of high coronavirus transmission rates.

 

Near-miss book

The HSE has launched a near-miss reporting book.

 

Working with Biocides after Brexit: Actions and deadlines

The HSE has published a fact sheet detailing actions that companies in Great Britain may need to take regarding biocides and the respective deadlines.

The EU Biocidal Products Regulation remains in force in Northern Ireland.

 

Safety Alert: Failure of a road tanker pressure/vacuum relief valve

This safety alert is of particular interest to organisations involved in the export and import of dangerous chemicals, offshore oil and gas and ports and logistics.

 

 

HEALTH AND SAFETY EXECUTIVE NORTHERN IRELAND (HSENI)

Employer guidance for employees who have to self-isolate due to Covid-19

Updated guidance has been published on self-isolation by employees during the COVID-19 pandemic.

 
 
 
 
 
 
 
Offences
 
 

Fines after worker suffered fatal fall through a fragile roof

A roofer was fatally injured when he fell six metres whilst working on a replacement roof at a property in Liverpool.

On 22 May 2017, the roofer was completing snagging work on a replacement roof. The worker had accessed a part of the old roof made of fragile asbestos cement sheets, which gave way. He fell through the sheets to the ground below and sustained fatal injuries.

An HSE investigation found that the area accessed did not have safety nets fitted and the building occupier failed to take reasonably practicable measures to reduce the risk to those working on the roof.

Breach

The owners of the building, Pearsons Glass, pleaded guilty to breaching Section 3 of Health and Safety at Work Act 1974:

  • Section 3 requires employers to ensure, so far as is reasonably practicable, the health, safety and welfare of persons other than their employees.

Penalty

Pearsons Glass was fined £80,000 and ordered to pay costs of £6,656.

 

Fines after employee fatally injured by machinery

A sawmill company has been fined after a worker was fatally injured when a lift conveyor collapsed on him.

On 20 December 2017, two employees were working below a lift conveyor at a sawmill in Hereford to remove wood debris. The machine had been experiencing a fault, which had prevented the conveyor from descending. While the employees were working the conveyor suddenly dropped, causing fatal crush injuries to one employee and bruising and abrasion injuries to the head of the other.

An HSE investigation found that the company had failed to assess the risks to the employees during the cleaning operation or provide a suitable system of work for removing debris from beneath the raised lift conveyor.

Breach

Pontrilas Sawmills Limited pleaded guilty to breaching Section 2(1) of the Health and Safety at Work 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.

Penalty

Pontrilas Sawmills Limited was fined £200,000 and ordered to pay costs of £22,016.

 

Fines for company after workers injured in forklift truck crash

A manufacturer of carpet sample books has been fined after two workers were seriously injured in an incident where a forklift truck crashed into a skip.

On 29 July 2019, three workers were emptying waste from plastic bins at the site in Wigan. A forklift truck was being used to raise the bins to a height enabling workers at either side to manually tip the bins into a skip. When one of the bins became trapped between the side of the skip and the forks, the driver of the forklift truck climbed on top of the skip to free the bin whilst the other two employees remained standing at either side of the truck. Another employee was asked to reverse the forklift truck to aid the release of the bin.

However, after reversing, the forklift truck then moved forward crashing into the skip. This caused the employee on top of the skip to fall. One of the workers standing at the side of the truck became impaled through her right arm by the fork. The two workers sustained serious fractures that required hospital treatment.

An HSE investigation found that the company had failed to take effective measures to ensure the health and safety of employees in relation to the risks arising from the use and operation of forklift trucks. The company failed to implement a safe system of work and provide adequate instruction and training to employees. It was established that tipping bins into the skip in this way was normal working practice over a considerable length of time.

Breach

Profile Patterns Limited pleaded guilty to breaching sections Section 2(1) and 3(1) of the Health and Safety at Work Act 1974.

Penalty

Profile Patterns Limited was fined £20,000 and ordered to pay costs of £4,435.

 
 
 
 
 
 
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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