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Changes for April 2019 - Health and Safety

Pertinent Legislation Amended in April 2019

EUROPEAN UNION (WITHDRAWAL) ACT 2018, AS AMENDED

PRODUCT SAFETY AND METROLOGY ETC. (AMENDMENT ETC.) (EU EXIT) REGULATIONS 2019

The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 amends a broad range of product safety and measurement legislation on the date the UK leaves the EU (Exit Day).

This update only concerns amendments to legislation of health and safety interest.

What will be updated?

The 2019 regulations are primarily introduced as a contingency measure. This would apply a UK product safety assessment and conformity approval regime for the event the UK leaves the EU without a deal.

UK Conformity Assessment Regime

A UK-only conformity assessment regime would be adopted. This would include the application of a UK conformity approval (UKCA) mark on conforming products. This would eventually replace the EU CE marking requirement.

For a time-limited period, minimum EU standards would continue to be recognised. This would permit CE-marked products to continue to be placed on the market in the UK. The duration of this period is not defined and therefore remains indefinite until confirmed.

Technical Annexes setting out minimum safety standards and approval procedures for goods are added to the respective legislation via the Schedules to the 2019 regulations.

Terminology and References

Amendments made by the 2019 regulations also update references and definitions to reflect that the UK will no longer be an EU Member State from Exit Day.

Amendments to specific regimes:

The following regulations would be amended to replace references to the EC declaration of conformity regime with a general reference to declaration of conformity regime. Arrangements for UK conformity approval would also be applied, where relevant. Amendments reflect that the UK will no longer be an EU Member State.

Northern Ireland-only:

Background

Manufacturers of products subject to the conformity assessment regime are required to declare the respective essential requirements are met. This may be through self-certification, or via nominated bodies for higher risk items. Where applicable, the application of ‘harmonised standards’ in product design may be used to presume conformity.

Declarations of conformity must be in place for products to be placed on the market. This declaration must be supported by the required technical documents and safety instructions. Products are also required to be marked (e.g. CE marked) to demonstrate conformity.

Recent Publications

HEALTH AND SAFETY EXECUTIVE FOR NORTHERN IRELAND (HSENI)

Tips for Purchasing Occupational Health Services

This document provides advice on occupational health services in Northern Ireland.

EUROPEAN CHEMICALS AGENCY (ECHA)

Registered substances mapped for regulatory action

ECHA has published the first report of the Integrated Regulatory Strategy, which creates a map of registered substances. It is intended this document helps to identify, plan and monitor progress on identifying and regulating substances of concern.

Offences

Construction companies fined after employee receives electrical burns

Two companies have been fined after a worker received serious electrical burns during demolition work at a former manufacturing site in Essex.

On the 12 April 2017, two demolition workers employed by the sub-contractor R B Haigh & Sons were removing electrical distribution equipment from a switchgear room.

One worker was informed by the principal contractor that the electrical equipment had been isolated. To reassure his colleague that it was safe he threw a crowbar at the 400V ac equipment. This contacted live exposed wires, causing a flashover and temperatures of several thousand degrees. The incident led to a fire. The worker suffered serious burn injuries and was hospitalised.

An HSE investigation found that the task had not been properly planned and suitable control measures were not in place to ensure isolation of the power supply.

The principal contractor (A J Wadhams & Co Ltd) failed to follow the clear procedures in their risk assessments and method statements. These documents identified that all equipment must be treated as live unless written authorisation proved otherwise.

Breaches

Russell Haigh and Stuart Haigh (Partners of R B Haighs & Sons) pleaded guilty to breaching Regulation 3(1) of the Electricity at Work Regulations 1989.

Regulation 3(1) requires that employers and self-employed persons comply with these regulations in so far as they relate to matters within their control.

AJ Wadhams & Co Limited trading as Wadham Homes pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974.

Section 3 requires that employers conduct their activities in a manner to ensure, so far as is reasonably practicable, that persons they do not employ are not exposed to risks to their health or safety.

Penalties

Russell Haigh and Stuart Haigh (Partners of R B Haighs & Sons) were fined £80,000 and ordered to pay costs of £3882.65.

AJ Wadhams & Co Limited were fined £80,000 and ordered to pay costs of £3816.60.

Tadcaster company fined after worker struck by telehandler load

A potato processing company has today been sentenced for safety breaches after a worker was struck by a telehandler load.

The worker was walking across the middle yard to the maintenance workshop when he was struck by three potato boxes loaded on the tines of a telehandler being operated by another employee. The impact knocked him to the ground and caused a fracture to his left leg.

An HSE investigation found the company had insufficient measures in place to prevent people being struck by a vehicle. A protected walkway was provided to only two sides of the yard, but not to the right side, although this was a well-used pedestrian route.

A large number of boxes were stored in the yard requiring pedestrians having to take a longer route than was necessary.

The company also failed to ensure forklift truck and telehandler operators were clear what the site rules were around the transportation of potato boxes and to effectively enforce these.

Breach

Braegate Produce Ltd pleaded guilty to breaching Regulation 4(1) of the Workplace (Health and Safety Welfare) Regulations 1991.

Regulation 4(1) requires that employers ensure every workplace, modification, extension or conversion under their control and where any employee works comply with any requirements of these regulations.

Penalty

Braegate Produce Ltd was fined £50,000 and ordered to pay £962 in costs.

Boat owner sentenced after death of diver

A boat owner has been sentenced after he failed to suitably plan, manage and conduct diving projects.

On 15 March 2012, Roderick MacLean, who had been diving for scallops from a fishing boat, the MV Hildona, did not surface at London Bay, Orkney.

An HSE investigation found various safety issues, including:

Failure to ensure that a diving project plan based on a risk assessment was prepared;
Failure to brief people involved in the diving projects on arrangements; and
Failure to ensure that divers taking part were the holders of a suitable approved qualification and a valid certificate of medical fitness to dive.

Breach

Shaun Geddes pleaded guilty to breaching Regulation 4 of the Diving at Work Regulations 1997 and was sentenced to 200 hours community service.

Regulation 4 requires that all persons to any extent responsible for, having control over or engaged in a diving project take measures it is reasonable for them to take to ensure these regulations are complied with.

Penalty

Shaun Geddes pleaded was sentenced to 200 hours community service.