Archive for February, 2018

Regulation (EU) 679/2016 (OJ:L119/1/2016) on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC

This Regulation will come into force on 25 May 2018 and sets out provisions regarding the processing of data of people within the European Union.
It also revokes Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such…

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

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Worker with life changing injury; packaging company fined

A W.K.West Limited driving employee had finished his shift and was asked to work in the factory on the day of the incident. The only training and guidance he received, was a demonstration of the operation of the machinery and his job outline (to push stacked cardboard sheets through the saw to pre-determined sizes). Using no push stick or jig when demonstrating, the supervisor then left the worker unsupervised. As he went to push the cardboard through the blade by hand as the supervisor had, it twisted and pulled his right hand into the blade.

Severe injuries to his hand meant that sections of his index and ring finger had to be amputated, and his middle finger was badly damaged. An investigation by the Health and Safety Executive (HSE) into the company, found that W.K.West Limited hadn't provided suitable and sufficient training, assessment of the risks and supervision that were necessary to operate a circular saw safely. The company pleaded guilty to breaching the Health and Safety at Work Act 1974 and was fined with £120,000 and £849.54 in costs. 

Following the hearing, HSE Inspector Anuja Mistry-Raval spoke. “Circular saws have a well-known accident history of severe hand injuries,” and said: “Employers should make sure they properly assess and apply effective control measures to minimise the risk of personal injury from dangerous parts of machinery.”

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Scaffolding company fined after falling clip injures passing pedestrian

On the 20 March 2017, a pedestrian walking underneath a section of scaffolding on Upper street in Islington (London) was hit by a falling scaffolding clip and was very badly injured. The clip in question, fell around 20 metres (or near to 66ft) and caused large amounts of damage to the victim.

Sustaining many cuts to his head and face, a severely bruised skull and a broken nose; The Health and Safety Executive (HSE) prosecuted the firm over the accident. The company in question, Alandale Plant & Scaffolding Ltd of Beckenham, Kent was fined £160,000 and ordered to pay costs of £7,059.08 and a victim surcharge of £170 after pleading guilty to breaching the Health and Safety at Work Act 1974.

The HSE Inspector Sarah Robinson spoke after the hearing, stating: “This incident could so easily have been avoided by simply carrying out correct control measures and safe working practices.” She then went on to say: “On this occasion the company did not follow their own risk assessments or method statements.”

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15,000 pound fine for fractured arm

On 5 April 2016, at around 7:15 am, a junior employee of John Paul Horgan's joinery business (Unit 6) was involved in an accident which resulted in many minor fractures to his arm. The circumstances following the fall are unknown, but it is known that it occurred when he and another worker went to install an insulation, whilst working on an outbuilding in the defendants home in St Peter.

The 18-year-old apprentice was described as being “relatively immature and lacked work experience generally” and that this had not been taken into account by Horgan; even recently he had suffered an injury to his hand, and was just returning back to work following recuperation from this incident. On top of this, he had not taken the necessary steps to keep his employees safe, for example including a tower scaffold or a protective barrier in the stairwell. Because of the company's failure to provide adequate training and take into account the apprentices lack of training, the young man suffered an injury.

As a result of his mistakes, Horgan was fined £15,000 and forced to pay £2,500 towards costs for the victim. Advocate, Adam Harrison, defending Horgan has said he felt this was too severe a punishment and that he thought it was “not as serious as the Crown suggests.”

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500k fine for Birmingham contractor

MV Kelly Ltd of Tyseley, Birmingham has pleaded guilty to breaching the Construction (Design and Management) Regulations SI 2015/51, after a worker was struck by tipper truck.

The worker was on the development site of over 370 houses at Burntwood Business Park, and was walking along a haul road in order to attract the attention of a vehicle in another area of the site, when he was struck and run over by one of the many tipper trucks delivering material to the site.

The worker suffered several broken bones in both feet and legs, and severe damage to blood vessels as well. 12 months after the incident his right leg was amputated to the knee.

An investigation by the Health and Safety Executive (HSE) found that there was not enough protected walkways across the site and no control over the access to the site; they also found that there was an accepted practice of walking along haul roads and no up-to-date traffic management plan.

The company was fined £500,000 and ordered to pay costs of £30,000 and a victim surcharge of £120. After the hearing the HSE Inspector Katherine Blunt said: “This incident resulted in a worker sustaining life-changing injuries and should serve as a reminder to principal contractors of the need to properly organise construction sites to keep workers and members of the public safe.”

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Regulation (EU) 698/2017 (OJ:L103/1/2017) amending Regulation (EU) 1062/2014 on the work programme for the systematic examination of all existing active substances contained in biocidal products referred to in Regulation (EU) 528/2012

This Regulation amends Regulation (EU) 1062/2014 on the work programme for the systematic examination of all existing active substances contained in biocidal products referred to in Regulation (EU) 528/2012.
Annex 2 to Regulation (EU) 1062/2014 sets out an exhaustive list of existing active substances/product-type combinations included in the programme of review…

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

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Regulation (EU) 1227/2017 (OJ:L177/1/2017) on the conditions for classification of glued laminated timber products covered by standard EN 1480 and structural finger jointed solid timber products covered by standard EN 15497 on their reaction to fire and amending Decision 2005/610/EC

This Regulation sets out the conditions for classification, without testing of glued laminated timber products and structural finger jointed solid timber products with regard to their reaction to fire.
It amends the Annex to Decision 2005/610/EC establishing the classes of reaction-to-fire performance for floor coverings, by replacing the entry for Glulam floor covering….

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Ionising Radiation (Medical Exposure) (Amendment) Regulations SI 2018/121

These Regulations came into force on 6 February 2018 and apply to England, Scotland and Wales
They amend the Ionising Radiation (Medical Exposure) Regulations SI 2017/1322 to give full effect to the policy intention and to correct errors in the Regulations.
The amendments insert appropriate references to territorial extent and application to the Ionising Radiation…

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Decision 2017/2117/EU (OJ:L323/1/2017) establishing best available techniques (BAT) conclusions, under Directive 2010/75/EU, for the production of large volume chemicals

This Decision sets out the best available techniques (BAT) conclusions for the large scale production of chemicals, which exceeds 20 kilotonnes per year.
Legislative background
Directive 2010/75/EU sets limits on the pollutants that large industrial plants are allowed to emit and brings together seven Directives into one piece of legislation in an…

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

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Ionising Radiation (Medical Exposure) Regulations (Northern Ireland) SR 2018/17

These Regulations came into force on 6 February 2018 and apply to Northern Ireland only.
They revoke and replace the Ionising Radiation (Medical Exposure) Regulations (Northern Ireland) SR 2000/194 and implement the requirements of Directive 2013/59/EU, on basic safety standards for protection against the dangers arising from exposure to ionising radiation,…

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

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