New publications this month:

HEALTH AND SAFETY EXECUTIVE (HSE)

Social distancing, keeping businesses open and in-work activities during the coronavirus outbreak

Short guidance is provided on social distancing for businesses remaining open during the COVID-19 outbreak, actions to be taken depending on whether essential or non-essential work is being carried out and how in-work activity must be controlled.

Examination and testing of lifting and pressure equipment during the outbreak

Guidance is provided on how companies should manage thorough examination and testing obligations for pressure systems, lifting equipment and lifting accessories while COVID-19 restrictions are in force. This includes guidance on what should be done if a thorough examination cannot be undertaken.

The guidance states that equipment should only be used outside of its test regime if you can demonstrate that it is critical for essential work and that it can still be operated safely.  

First aid cover and qualifications during the coronavirus outbreak

Guidance is provided for business on ensuring adequate first-aid cover is in place throughout the COVID-19 outbreak.

Using Disposable Respirators Poster

This new poster provides guidance on the use of tight-fitting respiratory protective equipment.

RIDDOR reporting of COVID-19

The HSE has issued guidance on when and how COVID-19 should be reported under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR).

This states that reports under RIDDOR should only be made when:

• An unintended incident at work has led to someone’s possible or actual exposure to coronavirus. This must be reported as a dangerous occurrence.
• A worker has been diagnosed as having COVID 19 and there is reasonable evidence that it was caused by exposure at work. This must be reported as a disease case.
• a worker dies as a result of occupational exposure to coronavirus.

Protect home workers

Additional guidance has been published on how businesses should protect employees working at home.

Coronavirus – open letter to the food industry

This letter addresses challenges for the food industry during the COVID-19 outbreak. Specific guidance is provided on the control of dust, given the reduced availability of personal protective equipment (PPE). Annex 1 provides guidelines for the bakery industry.

COVID-19 and Control of Major Accident Hazards (COMAH)

During April 2020, the HSE published a range of guidance on managing COMAH duties during the COVID-19 outbreak:

• Managing staffing and fatigue at COMAH sites during the outbreak
• COMAH safety reports during the outbreak
• Planned external emergency plan tests under COMAH during the outbreak
• COMAH notification requirements for businesses supporting the coronavirus response

Regulation during the COVID-19 Outbreak

Regulating occupational health and safety during the coronavirus outbreak

This statement communicates how the HSE’s regulatory approaches will be adjusted during the COVID-19 outbreak. This includes revisions to the programme of inspections.

Coronavirus: A joint statement between HSE, the TUC and the CBI / Coronavirus: A joint statement with The Partnership on Health and Safety in Scotland

These joint statements include the following pertinent information:

• Social distancing must be observed by all businesses that stay open;
• Firms that can safely stay open should not be forced to close due to misunderstandings about government guidance; and
• The HSE will consider actions against businesses who are found not to be complying with Public Health England / Partnership on Health and Safety in Scotland (PHASS) guidance.

Chemical regulation during the COVID-19 outbreak

This page summarises the HSE’s approach to chemical regulation during the COVID-19 outbreak.

Research Reports

A rapid evidence review has been published regarding the use of PPE in healthcare settings to manage risks during the COVID-19 outbreak. This is split into two parts:

• Part one: Equivalence of N95 and FFP2 masks; and
• Part two: Aprons, gowns and eye protection.

Two further research reports were also published:

• RR1149 - Monitoring metal working fluid mist using particle counters: summary of a technical workshop
• RR1140 - Update of aircraft crash rates used by HSE in assessing hazards from chemical, process and other major hazard installations

DEPARTMENT FOR BUSINESS, ENERGY & INDUSTRIAL STRATEGY (BEIS)

Social distancing in the workplace during coronavirus (COVID-19): sector guidance

Guidance on social distancing is provided across the following sectors:

• Shops running a pick-up or delivery service
• Tradespeople and working in people’s homes
• Construction
• Manufacturing and processing businesses
• Retail
• Logistics businesses
• Outdoor businesses
• Farming: visiting farms for animal health and welfare
• Fishing or other short-term offshore work
• Cargo-shipping or other long-term offshore work
• Transport businesses
• Waste management businesses

PUBLIC HEALTH ENGLAND (PHE)

COVID-19: cleaning in non-healthcare settings

Guidance is provided on cleaning premises, other than those used for healthcare.

CABINET OFFICE

Closing certain businesses and venues

Businesses and venues listed must remain closed during the period COVID-19 restrictions are in force. Restrictions are also applied on work in people’s homes.

DRIVER AND VEHICLE STANDARDS AGENCY (DVSA)

A series of guidance has been made available on safety requirements for vehicles during the COVID-19 outbreak:

• Car, van and motorcycle MOT expiry dates extended for six months (if due on or after 30 March 2020)
• Driving tests and MOTs for heavy vehicles suspended for up to 3 months
• Coronavirus: specialist vehicle approval tests

OFFICE OF RAIL AND ROAD (ORR)

Coronavirus Advice

The ORR has published a series of guidance on COVID-19 for the railway industry and passengers, including on:

• Medical fitness and competence assessments for train drivers and other safety critical staff
• Additional guidance for mainline operators relating to licensed train drivers only
• Engineering standards requirements for periodic inspection and maintenance
• Practical guidance for operators on implementing COVID-19 public health advice on trains, trams and stations
• RIDDOR reporting and COVID-19 (Novel Coronavirus)

HEALTH AND SAFETY EXECUTIVE NORTHERN IRELAND (HSENI)

Covid-19 Example Workplace Risk Assessment Template

An example risk assessment has been published to support companies in undertaking COVID-19 assessments.

Mental Well-being at Work - Working at home

This document is targeted towards employers and employees. Advice is provided on how to tackle work-related stress while working at home.

Handling with Care

Guidance is provided on the prevention and management of musculoskeletal disorders in the healthcare sector.

Waste Industry Safety and Health (WISHNI) Forum Guidance

A series of advice documents have been published by WISHNI concerning COVID-19:

• WISHNI COVID-19 advice
• WISHNI Advice - Employees showing symptoms of COVID-19
• COVID-19 and Waste Management Activities - Examples of Good Practice

DEPARTMENT FOR THE ECONOMY (DFE) (NORTHERN IRELAND)

COVID-19: Working Through This Together - A Practical Guide to Making Workplaces Safer

Principles and practical steps for employers and employees are given to keep workplaces safe during the COVID-19 outbreak

This guidance should be read alongside and in accordance with the list of Priority Sectors published by the DfE.

PUBLIC HEALTH AGENCY (PHA) (NORTHERN IRELAND)

Guidance for employers and businesses

The PHA has published guidance to help businesses and their workers prevent the spread of COVID-19.

MARITIME & COASTGUARD AGENCY (MCA)

MIN 616 M COVID 19 - minimising risk to ships' crews and maritime sector workers

This note provides guidance on the management and mitigation of COVID-19.

MIN 612 (M+F) Amendment 2 Coronavirus (COVID-19) - MCA approach to survey and certification of UK vessels

This note describes approaches applicable to surveying during the COVID-19 outbreak.

MIN 610 (M+F) MARPOL - Amendments to MARPOL annex VI chapter 3

This note reflects changes to MARPOL regarding NOx emissions control in the Baltic and North Sea areas.

Manufacturer fined after agency worker suffered serious injuries

A manufacturer of cleaning products has been fined after a worker received severe crush injuries.

On 19 June 2019, an agency worker at E.G.L. Homecare Limited was injured when he attempted to remove dirt from a press roller. This roller was part of a production line that glued sponge to abrasive sheets to make scourer sponges. The worker’s role was to remove sheets of scourer sponges from the conveyor onto a pallet.

When the worker went to remove the dirt, his right hand was dragged into the nip point of two in-running rollings up to his shoulder. He was later diagnosed with forearm compartment syndrome, a painful condition caused by bleeding or swelling within an enclosed bundle of muscles. He had an operation on his arm and had to stay in hospital for six days.

An HSE investigation found that the company had failed to provide a suitable tunnel guard on the press roller. This guard would prevent access to the rollers.

Breach

E.G.L. Homecare Limited pleaded guilty to breaching Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998:

• Regulation 11(1) requires employers to ensure effective measures are taken to prevent access to any dangerous part of machinery or any rotating stock bar.

Penalty

E.G.L Homecare Limited was fined £80,000 and ordered to pay costs of £5,314.08.

Fines for building firm after a worker suffers fall injuries

A building firm from Banchory, Aberdeenshire has been fined after a worker fell from height and suffered serious injuries.

On 31 March 2016, the employee was working at a residential property in Banchory. The worker was taping areas on the ceiling of a mezzanine level, which was accessed via a wooden platform with a ladder propped against it.

As he was working close to the edge of the mezzanine level, he lost his footing and fell 18.5cm onto the wooden platform. He was unable to regain his footing on the platform and fell a further 2.5 metres head first onto the floor below. The worker sustained head, back and neck injuries.

An HSE investigation found that there was no edge protection on the wooden platform and no safe system of work had been put in place. The worker had received no formal training for work at height or on ladders and lacked knowledge and awareness of the hazards associated with work at height. The building firm was also found to have failed to supervise the work appropriately and there were no written risk assessments for the task.

Breach

Stan England Builders Limited pleaded guilty to breaching Regulation 6(3) of the Work at Height Regulations 2005:

• Regulation 6(3) requires that employers take suitable and sufficient measures to prevent, so far as is reasonably practicable, any person falling a distance liable to cause personal injury.

Penalty

Stan England Builders Limited was fined £6,000.

Fines for dairy product manufacturer after two employees were exposed to acidic cleaning solution

A yogurt manufacturer in Telford has been prosecuted after two employees suffered serious injuries when a hazardous cleaning solution was released.

On 1 January 2016, an employee was working on a faulty valve on a cleaning in place (CIP) system at T M Telford Dairy Ltd’s premises. The valve blew off under pressure, leading to hot acidic cleaning fluid surging out. The cleaning solution comprised 1% nitric acid at a temperature of 650oC. The solution hit the roof overhead and sprayed onto employees. While trying to escape from the acidic cleaning fluid, an engineer fell from a hooped ladder and sustained a head injury.

An HSE investigation found the company had failed to ensure the safety of its employees. The company had not formally trained the two engineers injured in lock-off and isolation procedures, the use of permits to work and safe removal of valves. There was no assessment of the risks in place for the safe removal of valves.

Breach

T M Telford Dairy Ltd pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974:

• Section 2(1) requires every employer to ensure, so far as is reasonably practicable, the health, safety and welfare of all employees.

Penalty

T M Telford Dairy Ltd was fined £600,000 and ordered to pay costs of £14,379.45.