Archive for November, 2014

Worker injured by unguarded machine leads to fines for two firms

A worker has suffered serious injury to his left hand when it was trapped in a stone cutting machine which has lead to two firms being fined as a result of the incident.

On 17 November 2014, the Magistrates Court in Swindon heard that Richard Hale was cleaning the machine when the accident occurred in March 2013.

His hand became caught when part of his glove was dragged by a moving blade motor carriage into the narrow gap between that and the support frame.

Mr Hale was admitted to hospital with the skin, muscles and tendons stripped from the back of his left hand. After surgery, he still suffers stiffness in his hand, a bent middle finger and restricted finger movement.

After an Health and Safety Executive (HSE) investigation it was found that Windsmere Stone and Granite Ltd, the employees of Richard Hale, had bought the machine from Waters Group Ltd.

The machine had been imported and initially made for an Australian company. It came with a CE marking suggesting that it complied with European safety standards, which it did not. It was found adequate safeguards had not been applied to the machine to prevent accidents of this kind.

Windsmere Stone & Granite Ltd were found to have not checked to ensure the machine they had bought was safe for use. They were fined £2 000 and ordered to pay £3 337 in costs when they pleaded guilty to breaching the Provision and Use of Work Equipment Regulations SI 1998/2306.

Waters Group Ltd were also found to have supplied an unsafe machine. They were fined £2 000 and ordered to pay £5 020 in costs when they pleaded guilty to a breach of the Supply of Machinery (Safety) Regulations SI 2008/1597.

Andy Shaw, HSE inspector commented on the accident: “This case highlights the need for employers to take reasonable steps to ensure that machines they buy and put into use are actually safe, whatever the manufacturers or suppliers may claim in documentation, or through CE marking.”

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Health and Safety (Fees) (Amendment) Regulations (Northern Ireland) SR 2014/280

These Regulations came into force on 12 December 2014 and apply to Northern Ireland only.
They amend the Health and Safety (Fees) Regulations (Northern Ireland) SR 2012/255 in order to introduce fees payable by identified people in respect of the performance by the Health and Safety Executive for Northern Ireland (HSE NI)…

Details on this legislative text is provided by Cedrec. Please click here to see the summary.

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Local Government Byelaws (Fixed Penalties) (Wales) Regulations SI 2014/2717

These Regulations came into force on 7 November 2014 and apply to Wales only.
They relate to fixed penalties under the Local Government Byelaws (Wales) Act 2012.
Legislative background
The Local Government Byelaws (Wales) Act 2012 sets out provisions for the making and enforcing of byelaws amongst other things.
This includes details on fixed…

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Local Government Byelaws (Wales) Act 2012 (Commencement No. 1) SI 2014/2121

This Order applies to Wales only and brought various sections of the Local Government Byelaws (Wales) Act 2012 into force on 15 August 2014.
The following provisions came into force on 15 August 2014:

section 9, on powers to amend Part 1 of Schedule 1 to the Local Government Byelaws (Wales) Act 2012;
part…

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Capital Allowances (Leases of Background Plant or Machinery for a Building) Order SI 2007/303

This Order came into force on 28 February 2007 and applies to England, Scotland, Wales and Northern Ireland.
It is made in accordance with the Capital Allowances Act 2001 and contains details on the types of plant or machinery that is excluded from the scope of a new regime for the…

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Decision 2014/762/EU (OJ:L320/1/2014) laying down rules for the implementation of Decision 2013/1313/EU on a Union Civil Protection Mechanism

This Decision implements Decision 2013/1313/EU on a Union Civil Protection Mechanism. It lays down detailed rules on the:

interaction of the Emergency Response Co-ordination Centre (ERCC) with Member States' contact points;
components of the Common Emergency Communication and Information System (CECIS) as well as the organisation of information sharing through CECIS;
identification of…

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The Scottish Manual Handling Passport Scheme

Details on this legislative text is provided by Cedrec. Please click here to see the summary.

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Safety of Sports Grounds (Designation) Order SI 2014/2523

This Order came into force on 10 October 2014 and applies to England and Wales.
It designates the City Football Academy Arena, occupied by Manchester City Football Club Limited, as a sports ground requiring a safety certificate under the Safety of Sports Grounds Act 1975.
Legislative background
The Safety of Sports Grounds Act…

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Asbos for invasive plants

The Government have said those who do not control the spread of certain invasive non-native species of plants could be fined up to £2 500 or even receive an anti-social behaviour order (Asbo).

Businesses face even bigger possible fines up to around £20 000.

This is nothing new for businesses in Scotland and Northern Ireland who already have a legal responsibility to prevent invasive species from spreading.

Some of the plants that could lead to these fines and criminal convictions include Japanese knotweed, giant hogweed and Himalayan balsam.

The Home Office has commented that these plants threaten the UK's biodiversity by crowding out native species.

These plants are extremely dangerous and Japanese knotweed has been known to grow through tarmac and cause structural damage to properties. It is also very fast growing, sometimes up to 10cm a day.

Another problematic plant, giant hogweed, can cause serious health problems for humans such as blisters and in severe cases even blindness.

These plants are very hard to remove and using herbicides in the late summer or autumn has been stated as the most effective method.

Under the new scheme, the legislation can be used in order to demand an individual prevents the growth and spread of “plants that are capable of causing serious problems to communities”.

A property lawyer, Laurence Laney, spoke to the BBC and said that problems from Japanese knotweed can even extend to people buying and selling properties.

He stated: “It can have an adverse impact on valuation. Lenders may refuse to lend on it, and for that reason it's a case of informing yourself as much as possible about whether it's a problem in a property you're looking at.”

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Directive 2014/95/EU (OJ:L330/1/2014) amending Directive 2013/34/EU as regards disclosure of non-financial and diversity information by certain large undertakings and groups

This Directive amends Directive 2013/34/EU on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings.
Legislative background
Directive 2013/34/EU, sets out annual financial statements, consolidated financial statements and related reports of certain types of undertakings.
In this Directive, companies with more than 500 employees should produce an annual…

Details on this legislative text is provided by Cedrec. Please click here to see the summary.

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