Climate Greenspace Health and Safety Legal Update: February 2014


Welcome to the Climate Greenspace Health and Safety Legal Update: February 2014 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 2014
 
 
Congratulations. There are no changes to the legislation or other requirements in your legal register.
 
 
 
 
 
 
 
 
Recent Publications
 
 

HSE

Changes to guidance on paint spraying

The HSE has amended the following guidance documents on paint spraying, which are aimed at operators of vehicle bodyshops:

HSG196: Moving food and drink: Manual handling solutions for the food and drink industries

This revised guidance note provides information on manual handling risks and possible control measures in the food and drink industry.

Competent Authority guidance on heavy fuel oil (HFO)

The HSE has issued updated guidance on operators how have HFO on site, in light of the changes to the hazardous substance planning and COMAH regimes following the implementation of the Heavy Fuel Oil (Amendment) Regulations 2014 on 20 February 2014.


Safety Alerts

The HSE issued the following safety alerts in February. These alerts raise issues identified and actions required by employers.


Research Reports

These documents present the findings of investigations carried out on behalf of the HSE.


EUROPEAN CHEMICALS AGENCY (ECHA)

ECHA proposes a new batch of SVHCs for authorisation

Five substances have been submitted to the European Commission for authorisation. These are as follows:

  1. N,N-dimethylformamide (DMF)
  2. Diazene-1,2-dicarboxamide (C,C'-azodi(formamide)) (ADCA)
  3. Aluminosilicate Refractory Ceramic Fibres (Al-RCF)
  4. Zirconia Aluminosilicate Refractory Ceramic Fibres (Zr-RCF)

4-(1,1,3,3-tetramethylbutyl)phenol, ethoxylated (4-tert-Octylphenol ethoxylates)
(4-tert-OPnEO)

 
 
 
 
 
 
 
Offences
 
 

Employee fall from height leads to fine for bus manufacturer

A bus manufacturer has been charged after a worker was injured after falling from an inadequately guarded gantry.

The employee had been working in the restoration of a double decker when he fell two metres from the open edge of a gantry. The employee suffered head injuries, a broken and dislocated elbow and a fractured big toe.

The HSE investigated this incident and identified that the method of working at height adopted had not been suitably safe. Employees had not received adequate training and all of the gantries provided had not been suitably guarded. The gantry involved in the accident did not feature a gate or bar to the access steps, allowing the injured employee to lose his balance and fall.

The HSE identified that in addition to the insufficient guarding of the gantries, workers were moving them along the vehicle while standing on them by pushing against it.

In court the employer admitted breaching Regulation 6(3) of the Work at Height Regulations 2005 and Regulation 3(1)(a) of the Management of Health and Safety at Work Regulations 1999. The employer was fined £26,800 for these breaches and ordered to pay £5,286 in costs.

 

Engineering firm fined after an employee suffered severe injuries from the failure of a vessel during pressure testing

An engineering company has been fined after an employee lost both legs in an explosion at their factory.

The employee had been pressure testing a 335 litre vessel in December 2011 when the vessel exploded. The vessel split into two, with one section hitting the employee and driving him into a cabinet against a wall. The employee’s injuries were so severe he was hospitalised for several months. Both his legs were amputated as a result of his injuries, metal plates had to be put into his arms and he suffered head injuries.

The HSE investigation of this incident identified that the vessel had been tested as there had been concerns regarding the welding. Testing had been undertaken with compressed air rather than water. The factory’s compressed air supply was fitted directly to the vessel via a manual valve and pressure gauge for the test. The HSE found that measures taken to protect the employee had been inadequate.

The company was fined £30,000 and ordered to pay £15,325 in costs after pleading guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974.

 

Engineering company sentenced fined after lifting accessory failure results in severe foot injury

An engineering firm has received fines after the failure of a lifting accessory resulted in severe injuries to an employee’s foot.

The injured worker was hit by a 400kg die, which fell while it was being moved across the workplace in 2012. The top half of the die had been secured with an eyebolt, while the bottom section was only held in place by a g-clamp. The bottom half fell off while the die was being moved, hitting the employee’s left foot.

Injuries sustained by the worker were so severe that two of his toes needed to be amputated. The employee was unable to return to work for several months.

An HSE investigation identified that the lifting operation had not been suitably planned and delivered. The regulator found that the company could have done more to prevent the accident.

The firm was fined £6,500 and ordered to pay £9,554 in costs after it pleaded guilty to breaching Regulation 8(1) of the Lifting Operations and Lifting Equipment Regulations 1998, widely known as LOLER.

 
 
 
 
 
 
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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