Archive for September, 2016

Edinburgh charitable company sentenced over injury to service user

The Action Group, a limited company providing housing support services for vulnerable adults and children, has been sentenced after a service user was burnt at one of it's properties.

On 18 April 2015, a 49-year-old female service user with cerebral palsy, epilepsy and severe learning disabilities was assisted to a shower room by a support worker. During an investigation by the Health and Safety Executive (HSE), the shower room was described as being 'very hot' due to the radiator lacking an individual thermostatic control. While the support worker was aware the radiator was hot, she did not consider it to be hot enough to burn.

After showering the service user, the support worker assisted her to step out of the shower area and take hold of a grab rail which was positioned above the radiator.

The service users leg came into contact with the radiator, but as she is non-verbal and has difficulty balancing, she was unable to move her leg away from the radiator or communicate with the support worker to alert her. 

The support worker noticed a burn extending 20 centimetres on the left side of the injured lady's left calf and alerted the assistant team manager. The lady was taken to a specialist burns' unit for treatment but at a follow up appointment it was noted that the burn was not healing properly so a skin graft was taken from her thigh and applied to her calf. As a result, the victim was left with permanent scarring. 

During the course of the investigation, it came to light that The Action Group had been alerted to the risk posed by the radiator during a routine inspection on Edinburgh City Council Environmental Health Team in November 2011. The written report required the radiator to be covered and a follow up email in 2012 asked whether the radiator in the bathroom had been provided with a suitable cover to protect clients from scalding. 

Despite this, the company's internal systems failed to ensure remedial action was taken. Additionally, the Action Group failed to carry out any general internal risk assessment regarding the danger posed by the radiator, although an individual risk assessment in relation to the service user identified that she was at risk from heat sources because she might not be able to move away from them quickly or easily. 

The Action group pleaded guilty to breaching the Health and Safety at Work etc. Act 1974 and were fined £8,000 (reduced from £12,000 after an early guilty plea).

Speaking after the hearing, HSE inspector Hazel Dobb said: “It was foreseeable that an unprotected, hot radiator could pose a risk to vulnerable individuals with reduced mobility and to those who could not react appropriately or quickly enough to prevent injury. There are several published sources of guidance on preventing burns and scalds which are available to download from the HSE website and we urge all dutyholders to visit the resource to help avoid such incidents in the future.”

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INDG478 – Risk assessment of pushing and pulling (RAPP) tool

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

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INDG478 – Risk assessment of pushing and pulling (RAPP) tool

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

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Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 asp 14

This Act received Royal Assent on 6 April 2016 and applies to Scotland only.
It includes a number of new controls on the sale of tobacco, the sale and promotion of a nicotine vapour product and on smoking outside hospital buildings.
Only the provisions on smoking outside hospital buildings has any relevance…

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

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Refinery firm fined after gangway fall

Valero Energy UK Limited has been fined £400,000 following a serious accident at its Pembroke Refinery.

On 5 March 2012, the Berth 6 tower walkway which provided gangway access to a stationary tanker vessel had dropped 3.5 metres, causing operator David Thomas to be trapped by a slack wire rope. He suffered fractures and lacerations to both legs and a dislocated knee as a result. 

An investigation by the Health and Safety Executive (HSE) found multiple safety failings leading up to the incident which led it to launch the prosecution. These included failing to:

  • carry out a sufficient risk assessment of the use and operation of the access tower, with the result that the dangers of jamming, slack cable, and personnel accessing the walkway without engaging the scotching pin were neither identified nor addressed and the hierarchy of risk control was not applied;
  • provide adequate information, instruction and training to employees as to the safe use and operation of the access tower;
  • carry out adequate investigations into the previous and related incidents of September 2011, February 2011 and, in particular, August 2010;
  • review the check-list risk assessment in light of those incidents;
  • act on the recommendations of their inspection contractor, particularly in respect of the jamming problem and the absence of any access gate interlock, and ignored comments on one report that there was a “potential fatal accident waiting to happen”;
  • install any means of detection or prevention of slack cable in the mechanism; and
  • detect that the access tower was neither CE marked, nor subject to a Declaration of Conformity, as required.

Valero Energy UK Limited pleaded guilty to breaching the Health and Safety at Work etc Act 1974; were fined £400,000 and ordered to pay costs of £60,614.

Speaking after the hearing, HSE inspector Andrew Knowles said: “It was particularly disappointing to find that although the company knew there had been problems with the operation of the access tower the company had failed to investigate these properly and had relied on changes to instructions, rather than taking action to modify the defective hardware, as required by the hierarchy of risk control. This was even more surprising in view of the fact that the company operates a major hazard refinery site where you would expect such problems to be taken more seriously and effectively investigated, with suitable corrective actions implemented.”

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Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 asp 14

This Act received Royal Assent on 6 April 2016 and applies to Scotland only.
It includes a number of new controls on the sale of tobacco, the sale and promotion of a nicotine vapour product and on smoking outside hospital buildings.
Only the provisions on smoking outside hospital buildings has any relevance…

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

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Scotland Act 2016 (Commencement No. 1) Regulations SI 2016/759

These Regulations brought into force provisions contained in the Scotland Act 2016, on 18 August 2016, 5 September 2016 and 1 April 2017. It applies to Scotland only.
The provisions brings into force on:

18 August 2016 relates to section 65, on the Office of Communications; and
5 September 2016, relates to sections:

22,…

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

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Scotland Act 2016 (Commencement No. 1) Regulations SI 2016/759

These Regulations brought into force provisions contained in the Scotland Act 2016, on 18 August 2016, 5 September 2016 and 1 April 2017. It applies to Scotland only.
The provisions brings into force on:

18 August 2016 relates to section 65, on the Office of Communications; and
5 September 2016, relates to sections:

22,…

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

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Regulation (EU) 480/2016 (OJ:L87/4/2016) establishing common rules concerning the interconnection of national electronic registers on road transport undertakings and repealing Regulation (EU) 1213/2010

This Regulation lays down the requirements regarding the connection of the national electronic registers on road transport undertakings to the ERRU (European Registers of Road Transport Undertakings) messaging system, as set out in Regulation (EC) 1071/2009 establishing common rules concerning the conditions to be complied with to pursue the occupation…

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

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Fireworks (Scotland) Amendment Regulations SSI 2016/18

These Regulations came into force on 1 March 2016 and apply to Scotland only.
They amend the Fireworks (Scotland) Regulations SSI 2004/393 by:

substituting a new definition of “adult firework”;
deleting several definitions which are no longer needed.

Revocations and amendments
These Regulations amend the:

Fireworks (Scotland) Regulations SSI 2004/393.

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

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