| Changes for December 2020 - Health and Safety |
| Pertinent Legislation Amended in December 2020 | |||
| EUROPEAN UNION (WITHDRAWAL) ACT 2018, AS AMENDED | |||
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Recent Publications |
New publications this month: HEALTH AND SAFETY EXECUTIVE (HSE) Chemicals Regulation After UK Transition: Working with Chemicals The HSE is launching a series of podcasts in January 2021 that will address the impacts of Brexit on various chemical regimes, including the Biocidal Products Regulation (BPR), Classification, Labelling and Packaging (CLP) and Prior Informed Consent (PIC) regimes, Plant Protection Products (PPP) and Registration, Evaluation, Authorisation and restriction of Chemicals (REACH).
A series of YouTube videos have also been made available, presenting changes to chemical regimes:
This guidance has been updated to reflect the final regime adopted for Northern Ireland notifications under UK REACH. A specific regime has been set up to facilitate the import of chemicals from Northern Ireland to Great Britain under the UK REACH regime. A lighter touch regime of ‘Northern Ireland notifications’ will apply to these goods, but action will still be needed by importers in Great Britain or suppliers in Northern Ireland:
Goods and Conformity Requirements Manufacture and supply of new work equipment A series of guidance has been published on placing work equipment on the market. This reflects that the UK has now left the EU and that Great Britain is no longer subject to the single European market:
Placing goods on the market in Northern Ireland The HSE has updated its guidance on placing manufactured goods, workplace equipment, machinery and civil explosives on the market in Northern Ireland. This reflects that Northern Ireland will remain aligned to EU conformity requirements, including on CE marking.
Protect vulnerable workers during the coronavirus (COVID-19) pandemic This guidance to employers has been updated.
WELSH GOVERNMENT Building regulations guidance: part B (fire safety) This technical guidance document regarding the building control regime has been updated to strengthen requirements for assessments in lieu of fire tests.
OFFICE OF ROAD AND RAIL (ORR) Brexit: New rules and legislation on rail transport from 1 January 2021 Three guidance documents have been published on the rail safety from 1 January 2021. This guidance reflects the impacts of Brexit:
EUROPEAN CHEMICALS AGENCY (ECHA) Transfer of UK registrations to the EU to be completed by end of March 2021 Approximately 20% of EU REACH registrations by UK organisations have not be transferred to the EU and will be revoked. For registrations that were transferred to the EU and remain outstanding, ECHA requires that these are finalised by 31 March 2021. |
Offences |
Fines after machine operator suffers serious leg injury A supplier of titanium supplier has been fined after an employee sustained multiple fractures to his leg whilst operating a metal cutting band saw machine. On 20 September 2017 an employee was seriously injured by a falling titanium plate at a site in Redditch. Almost 1.5 tonnes of titanium plate fell from the bed of a band saw, trapping his leg underneath. The sheets being cut were significantly larger than the machine bed. An HSE investigation that the company had failed to undertake a suitable and sufficient risk assessment of material falling from the machine bed and had failed to put in measures to control the risk. Penalty VSMPO Tirus Limited pleaded guilty to breaching Section 2(1) of Health and Safety at Work Act 1974.
Penalty VSMPO Tirus Limited was fined £200,000 and ordered to pay costs of £7,293.15.
Food manufacturer fined after hand injuries to agency worker A yoghurt and dessert manufacturer has been prosecuted after an agency worker suffered severe injuries. On 12 July 2016 an agency worker was working as a box maker on a machine known as a tray erector, at the company’s Minsterley site in Shropshire, when their fingers were caught in machinery. As a result of their injuries, the agency worker had to have their middle finger amputated below the second knuckle, lost half their index finger and had their third finger amputated to the first knuckle. An HSE investigation found that the in-running nip on the tray erector was not properly guarded. The company had failed to guard dangerous parts of the machine to prevent access for more than seven years. Breach Müller UK & Ireland Group pleaded guilty to breaching Regulation 11(1) of the Provision of Use of Work Equipment Regulations 1998.
Penalty Müller UK & Ireland Group was fined £66,000 and ordered to pay costs of £5,024.20.
Groundworks company fined after employee suffers multiple leg fractures A groundworks company has been fined after an employee was injured when he was struck by a metal bow shackle whilst laying a sewer pipe. On 19 July 2018 a machine cab operator was laying a High-Density Polyethylene foul sewer pipe weighing 20 tonnes with three other plant operators, who were positioned along a 240m trench to lift and drag the pipe. During this operation one of the slings being used to pull the pipe failed catastrophically. This caused a bow shackle linkage to be catapulted back towards the machine cab operator. The employee was hit in the leg by the solid metal shackle (which weighed 7.5kg), causing multiple fractures that needed extensive surgery. An HSE investigation found that the company had failed to ensure that the operation was safely planned and carried out, with appropriate supervision in place. Breach Smith Construction Group Limited pleaded guilty to breaching Section 2(1) of Health and Safety at Work Act 1974. Penalty Smith Construction Group Limited was fined £55,440 and ordered to pay costs of £971.80. |