Archive for June, 2015

Health and safety breaches admitted after deaths on fruit farm

A Conservative peer's family estate has admitted breaching health and safety legislation on their fruit farm after the death of two young workers.

On 18 February Scott Cain, 23, and Ashley Clarke, 24, were found unconscious in an apple store at Lord Selborne's Blackmoor Estate in Hampshire.

Blackmoor Estate Ltd pleaded guilty to charges related to inadequate emergency plans and risk assessments.

The estate did however plead not guilty to a fourth health and safety charge.

The Crown Prosecution Service concluded that Scott Cain and Ashley Clarke died while retrieving apples from a long-term storage container in which fruit is kept at oxygen levels at around 1%.

Former manager of the estate, Andrew Stocker, 57, is also now being tried for manslaughter.

A court heard Andrew Stocker “encouraged” a practice nicknamed “scuba diving” to find the best specimens of fruit in storage. This involved employees holding their breath while in the container to retrieve fruit.

The trial continues.

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Regulation (EU) 757/2015 (OJ:L123/55/2015) on the monitoring, reporting and verification of carbon dioxide emissions from maritime transport

This Regulation sets out rules for the accurate monitoring, reporting and verification of carbon dioxide (CO2) emissions and of other relevant information from ships arriving at, within, or departing from ports under the jurisdiction of a Member State, in order to promote the reduction of CO2 emissions from maritime transport.
Legislative…

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Glasgow firm fined after worker tragically killed

Glaswegian construction company, Morris and Spottiswood Ltd, has been sentenced for “serious safety failings” following the death of 31 year old, Daniel Hurley.

Mr Hurley, originally from Ireland, was working on a major development of flats and houses in Maryhill, Glasgow, when a 1.6 tonnes frame fell on him.

He had been operating a “whacker” machine, to compact hardcore next to an area where the structural steelwork for a stair tower was being constructed.

On the release of the lifting chains used to position the frame, it tilted, lifting three of four anchor bolts from the ground, whilst the fourth snapped.

The Health and Safety Executive (HSE) investigated the incident, which occurred on 15 October 2009, and found serious failings in the way Morris and Spottiswood's principal contractor had managed the project.

They were found guilty of breaching the Health and Safety at Work etc Act 1974 and fined £200,000.

Following the case, HSE Inspector Gerard McCulloch, said: “Morris & Spottiswood Ltd as principal contractor, and the two companies sub-contracted for the steelwork construction, had duties to work together to plan, manager and monitor the work to ensure it was carried out safely. It is clear all three companies failed in this duty and it was these failings that led to the tragic death of Mr Hurley.”

For more information, see the:

  • Construction (Design and Management) Regulations SI 2015/51.
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Kate Middleton dress designer’s case investigated by HSE

Hector Maclean, a 25-year-old model and designer, who has designed dresses worn by the Duchess of Cambridge, was severely injured when he fell through a set of lift doors and down the lift shaft, a height of 24 feet.

The incident occurred at a Royal Academy of Dramatic Art (RADA) property. The lift shaft was vacant and locked shut, however left unmarked. When Mr Maclean leaned on the doors, they opened inward, leading to his fall.

Mr Maclean broke both legs and was prevented from working as a model and from attending his classes as a result.

The Health and Safety Executive (HSE) found that RADA had failed to carry out a basic risk assessment on a vacant lift shaft at its site with access from the street.

RADA pleaded guilty at Westminster Magistrates’ Court and was fined £12,000 and ordered to pay £1,266 in costs for breaching the Health and Safety at Work etc. Act 1974.

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Rules of the Air Regulations SI 2015/840

These Regulations came into force on 20 April 2015 and apply to England, Scotland, Wales and Northern Ireland.
They introduce the Rules of the Air 2015 found in the Full Text of Schedule 1 to these Regulations and revoke the Rules of the Air Regulations SI 2007/734 and its amendments.
These Regulations…

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Control of Poisons and Explosives Precursors Regulations SI 2015/966

These Regulations came fully into force on 26 May 2015 and apply to England, Scotland and Wales.
They create a cohesive licensing regime in relation to certain poisons and explosive precursors, to sit alongside amendments made to the Poisons Act 1972 by the Deregulation Act 2015.
Supplies of substances involving dispatch to…

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Deregulation Act 2015 published

The Deregulation Act 2015 has been published and aims to remove or reduce the legislative burden on businesses, civil society, individuals, public sector bodies and the taxpayer.

In doing so, it amends several Acts and Statutory Instruments in relation to many different areas. With regard to the environment and health and safety, the main amendments contained in the Act:

  • ensure that only self-employed people who carry out an undertaking prescribed in regulations need to make sure that themselves and non-employees are not exposed to health or safety risks;
  • extend an exemption relating to turban-wearing Sikhs so that those people do not have to wear safety helmets in any workplace, with some exceptions;
  • require the lists of authorised fireplaces and authorised fuels to be published on a website by the Department for Environment, Food and Rural Affairs (DEFRA), rather than being published in regulations;
  • reduce duties relating to energy and climate change which were contained in the Climate Change and Sustainable Energy Act 2006;
  • create a civil offence, resulting in a possible fixed monetary penalty, relating to the incorrect presentation of waste for collection by a waste collection authority;
  • remove the power to create joint waste authorities in England;
  • alter the Poisons Act 1972 in a major way, including abolishing the Poisons Board, adding new definitions, creating a new category of “reportable substances”, adding new offences and specifying explosive precursors and the poisons covered by the Act;
  • remove the power to create noise abatement zones in England and Wales.

More details of these amendments can be found in our summary of the Deregulation Act 2015.

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Deregulation Act 2015 (Commencement No. 1 and Transitional and Saving Provisions) Order SI 2015/994

This Order applies to England, Scotland, Wales and Northern Ireland and brought various provisions of the Deregulation Act 2015 into force between April and May 2015. It will commence further provisions of that Act in June, July and October 2015.
The following provisions came into force on 1 April 2015:

section 48,…

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Deregulation Act 2015 Chapter 20

This Act received Royal Assent on 26 March 2015 and applies to England, Scotland, Wales and Northern Ireland.
It amends several Acts and Statutory Instruments in order to remove or reduce the legislative burdens on businesses, civil society, individuals, public sector bodies and the taxpayer.
As a result, it includes amendments to…

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Railways Infrastructure (Access and Management) (Amendment) Regulations SI 2015/786

These Regulations will come into force at the same time as the Channel Tunnel (International Arrangements) (Charging Framework and Transfer of Economic Regulation Functions) Order SI 2015/785. They apply to England, Scotland, Wales and Northern Ireland.
They amend the Railway Infrastructure (Access and Management) Regulations SI 2005/3049. They are consequential due…

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