Archive for April, 2017

Planning (Hazardous Substances) (Determination of Procedure) (Wales) Order SI 2017/529

This order came into force on 5 May 2017 and applies to Wales only.
It amends the Planning (Hazardous Substances) Act 1990, in order to require the Welsh Ministers to make a determination of procedure in respect of appeals against hazardous substances contravention notices.
The procedure can be a local inquiry, a hearing…

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

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Planning (Hazardous Substances) (Determination of Procedure) (Wales) Order SI 2017/529

This order came into force on 5 May 2017 and applies to Wales only.
It amends the Planning (Hazardous Substances) Act 1990, in order to require the Welsh Ministers to make a determination of procedure in respect of appeals against hazardous substances contravention notices.
The procedure can be a local inquiry, a hearing…

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

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South West Water fined 1.8 million pounds after worker drowns

South West Water have been fined £1.8 million after a lone worker drowned in a filtration tank in December 2013.

Robert Geach, had been working to unblock a filter at the Falmouth Water Treatment Works, when he slipped and fell through a hole into over 6 feet of water.

Mr Geach had activated the lone worker alarm system provided by South West Water, but it wasn't until he failed to respond to a call, over an hour later, that someone was dispatched. That person, on arrival, found Mr Geach dead in the tank.

The sentencing judge stated that “no correct risk assessment for the procedure had been done” and that South West Water had been made aware of the dangers of falling into tanks “on a number of occasions”.

A Health and Safety Executive Inspector had raised concerns about railing heights, trip hazards and working alone in 2009.

Dr Stephen Bird, Managing Director for South West Water, said: “South West Water has tried to ensure it learns all that it can from this incident.”

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Council fined a million pound for injury to member of the public

Nottingham County Council have been fined £1million after a disabled 71-year-old man was struck by a council tractor.

The member of the public, who suffered injuries to his arms, legs and head, had been taking part in a guided walk through a park when the tractor collided with him.

The operator of the tractor was moving branches at the time and could not see the man in the path of the tractor.

The Health and Safety Executive (HSE) investigated the incident and found that the council had failed to implement a safe system of work for the activity.

The HSE found that the council had failed to train workers to the required level needed to safely operate the mounted grab and act as a banksman. It was also found that the machine was not suitable.

The council were ordered to pay costs of £10,270 in addition to the large fine.

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Planning (Hazardous Substances) (Wales) (Amendment) Regulations SI 2017/547

These Regulations came into force on 5 May 2017 and apply to Wales only.
They amend the Planning (Hazardous Substances) (Wales) Regulations SI 2015/1597 in order to:

set out the procedure to be followed when applications for hazardous substances consent are referred to the Welsh Ministers;
amend the procedure relating to appeals to…

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

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Planning (Hazardous Substances) (Wales) (Amendment) Regulations SI 2017/547

These Regulations came into force on 5 May 2017 and apply to Wales only.
They amend the Planning (Hazardous Substances) (Wales) Regulations SI 2015/1597 in order to:

set out the procedure to be followed when applications for hazardous substances consent are referred to the Welsh Ministers;
amend the procedure relating to appeals to…

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

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Latest ISO 45001 Draft out for consultation

The latest Draft of the International Standard for Occupational Safety and Health Management Systems, ISO 45001 has been released for consultation.

Previous amended drafts of the new standard were rejected, however it is hoped this this may possibly be the last draft before the new standard comes into publication. If the latest draft is accepted by a ballot of National Standards Body (NSB) which is due to take place between May and July, rules allow the NSB to vote to drop the final draft stage, as long as technical changes are not made to the previous draft. This could mean that the standard may be published by the end of November 2017. However if a final draft is required, publication will yet again be delayed and is anticipated to be around February or March 2018.

Richard Jones, Head of Policy at the Institution of Occupational Safety and Health (IOSH) commented: ''The terms and definitions have all been agreed and the whole thing has been tidied up.'' He also added that the Annex to the draft Standard which details advice on measures to meet the standard, has been substantially simplified.

The next public consultation on the draft is due to take place on 19 May 2017.

A copy of the draft along with the template for consultation question submissions can be found on the IOSH website.

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Hostel owners sentenced over asbestos failings

Fines have been handed to two families after health and safety failings were found at a site in Manchester.

Hatters Taverns Limited employed sister company Hatters Hostel Limited as the main contractor to strip and refurbish the basement of the former restaurant, in order to be used as a bar venue.

The Health and Safety Executive (HSE) made an unannounced visit to the premises to inspect the ongoing refurbishments. It was found during this visit that no asbestos surveys had been carried out before tradesmen began stripping out the venue.

Hatters Taverns Limited pleaded guilty to breaching the Control of Asbestos Regulations SI 2012/632 and was fined £10,000.

Hatters Hostel Limited of Liverpool pleaded guilty to breaching the same Regulations and was fined £24,000 and ordered to pay the combined costs for both defendants of £10,232.50.

HSE inspector Matt Greenly said after the case: “Both Hatters Hostel and Hatters Taverns have failed in their duty to protect their workers, subcontractors and visitors to his site from harm. Asbestos related diseases are currently untreatable and claim the lives of an estimated 4000 people per year in the UK. Exposure to asbestos fibres can potentially cause life shortening diseases in the long term and Hatters Hostel Limited and Hatters Taverns Limited should have taken more care to protect workers from a totally preventable exposure. This case sends a clear message to any company that it does not pay to ignore well known risks on site.”

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Electricity supplier fined after worker killed

Electricity supplier, Electricity North West Ltd, have been fined following the death of a worker.

Mr John Flowers, an experienced linesman, died after falling 6 metres while carrying out routine maintenance on power lines. He had climbed a ladder which was resting against a wood pole, in order to trim ivy away from the power lines, and it is thought that Mr Flowers accidentally cut through his work positioning strap causing him to fall.

The Health and Safety Executive's (HSE) investigation into the incident found that the work has not been properly planned. The task of trimming the ivy off the pole should not have been carried out from a ladder, it was not short duration work, so a proper work platform such as a mobile elevated work platform, should have been provided to undertake the task.

The HSE found that there was a lack of information provided to the linesman and employees were not given information on how to safely carry out the work required.

HSE Inspector, Rose Leese-Weller commented: 'Electricity North West failed to ensure that working at height was properly planned, appropriately supervised and carried out in a manner that was safe. Had these steps been taken we may not have had this tragic outcome.'

Electricity North West Ltd were found guilty of breaches of the Work at Height Regulations SI 2005/735, and were fined £900,000 with costs to be agreed at a later date.

For more information, see the:

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Regulation (EU) 624/2017 (OJ:L93/30/2017) amending Annexes 2 and 5 to Regulation (EC) 396/2005 as regards maximum residue levels for bifenazate, daminozide and tolylfluanid in or on certain products

This Regulation amends Annexes 2 and 5 to Regulation (EC) 396/2005, on maximum residue levels of pesticides in or on food and feed of plant and animal origin, in regards to the maximum residue levels for bifenazate, daminozide and tolylfluanid in or on certain products.
Legislative background
Maximum residue levels of the…

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

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