A company director has been sentenced, after pleading guilty to providing a fire risk assessment that was not suitable or sufficient.
Following the hearing at Southampton Crown Court on 1 June, the company providing the fire risk assessment for Cranleigh House, UK Fire Consulting Ltd (of which Mr Charles Morgan is a Director), was fined £20,000 with costs of £19,952.
The managing agent for the premises, Denfords Property Management had pleaded guilty at an earlier magistrates’ court hearing, of a failure to comply with an enforcement notice to provide a suitable fire risk assessment. They were fined £10,000 with £6,000 costs and the individual manager specifically responsible for the premises was given a conditional discharge and £1,800 costs.
As well as a £2,750 fine and a three-month prison sentence suspended for 18 months, company director Mr Morgan was ordered to pay costs of £19,952.
Prosecuting on behalf of the Fire Authority, Klentiana Mahmataj stated that Mr Morgan had not lifted ceiling tiles or even opened riser cupboard doors to check for fire safety risks at the three-storey block of fully occupied flats in Southampton.
During a visit to the block a Hampshire and Isle of Wight Fire and Rescue Service Fire Safety Inspector discovered electrical wiring penetrating the compartment walls.
Compartmentation is critical in a residential property with a ‘stay put’ policy, and at Cranleigh House there was also no apparent fire stopping added to holes in the walls, meaning that smoke or fire could travel into the communal escape routes to other parts of the building.
His Honour, Judge Burrell QC said: “The job of a fire risk assessor is a highly responsible one. Lives are in their hands and their judgement is crucial. It is not a job to be taken lightly.
“It is important to hold risk assessors to account and these are serious breaches. I find it odd that there exists no regulatory framework in regard to Fire Risk Assessors.”
Station Manager Dave Clements joined His Honour, Judge Burrell QC, in commending the HIWFRS Enforcement Support Team for their resilience and professionalism in bringing such a robust case that sent a clear message to those responsible for providing the fire safety of the residents of Hampshire and the Isle of Wight.
The Fire Safety Order places the onus on the Responsible Person to comply with the legislation. However, in this case, the managing agents for the Premises had placed their trust in the professionalism and competency of UKFC Ltd to complete the fire risk assessment to a satisfactory standard.
Speaking after the case Deputy Chief Fire Officer Steve Apter said: “Fire risk assessments underpin the whole process of building fire safety. Mr Morgan failed to inspect and identify fire safety deficiencies within the building and failed to note a compromised alarm and evacuation strategy for the residents. This shortfall meant that those responsible for implementing fire safety measures were unable to fulfil their legal obligations and placed occupants at risk of death or serious injury had a fire occurred.
“Mr Morgan elected to go to trial in the crown court and his legal team, Warren Spencer of Blackhurst Budd, submitted an abuse of process defence resulting in significant extra work for the prosecution team, extra legal argument hearings and resulting in additional costs to the public purse.
“We were confident that the case passed the evidential threshold and following the Judge’s comments that the abuse of process argument was “without merit”, it was pleasing that the Fire Authority’s cost application was met in full.”
This is valid as of 9th July 2021.
The European Commission has revised certain information requirements for registering chemicals under REACH. The changes will start to apply in early 2022 and companies are advised to start preparing. The European Chemicals Agency (ECHA) is to publish more advice in late 2021.
The update of the REACH annexes clarifies the information companies need to submit in their registrations and makes the ECHA’s evaluation practices more transparent and predictable.
The law comes into effect on 8 July 2021 and will apply from 8 January 2022.
The main changes concern the following:
ECHA is updating its guidance materials and will publish more advice to registrants towards the end of 2021.
This is valid as of 8th July 2021.
A high school in Chelmsford has been fined after a young child died when a locker in a changing room fell on top of him.
On 23 May 2019, nine-year-old Leo Latifi was fatally injured when he attended an after-school swimming lesson at the sports centre of Great Baddow High School. The incident occurred whilst he and another young child had been waiting in the boy’s changing room for their lesson to start. The lockers, which had doors missing, stood prominently in the changing area provided a climbing frame to the children. As they climbed on the front of the unit it toppled forward. One child was able to jump free but tragically Leo could not and the locker fell on top of him.
The HSE’s investigation found that the locker unit, which was 180cm tall and weighed 188kg, had not been secured to the wall to prevent it from toppling over despite the unit having fixing brackets fitted as part of its structure. The court was told that several scenarios could have caused the unit to move including an adult stepping onto the lowest edge of the unit to pull at a bag stuck in a top tier locker or to clean the top the unit.
Great Baddow High School, Duffield Road, Chelmsford pleaded guilty to breaching Section 3(1) of the Health and Safety at Work Act 1974 and was fined £16,700 with costs of £12,000.
After the hearing HSE inspector, Saffron Turnell, said: “This tragic incident led to the avoidable death of a young child which has, and will continue to, deeply affect his loving family, his friends and acquaintances.
“This incident could easily have been prevented had the school simply ensured the locker unit had been securely fixed to the wall, however it had failed to identify the risk associated with the potential for the unit to topple over and to put in place appropriate monitoring arrangements to ensure that it stayed secure.
“At the inquest into Leo’s death last year, the jury agreed that this tragedy was significantly contributed to by a lack of appropriate assessment to a clear and obvious risk. This remained the case for around six years.
“I therefore urge all organisations to urgently check that any free-standing furniture is appropriately assessed and properly secured, if they have not done so already.”
Leo’s family commented: “Nothing can bring back our precious Leo, and the prosecution hearing is yet another very difficult time when we will have to re-live what happened on the terrible day he died.
“Families must be sure that their children will be kept safe when they are at school, in the care of other adults and organisations. We can only hope that no one else has to suffer what we have endured these past two years since our Leo lost his life, and if the prosecution makes other schools more alert to their responsibilities in looking after equipment that could put children at risk, then that is all we can ask for right now.”
This is valid as of 7thJuly 2021.
Offshore oil company Apache has been sentenced after they failed to provide written safety procedures for the depressurisation of an oil well, which led to the release of more than 1000kg of hydrocarbon gas at their Beryl Alpha production installation in the North Sea.
On 2 June 2014, Apache had allocated a production technician to carry out a depressurisation task on one of their oil wells, which he had performed on previous occasions. However, they failed to provide him with any written safety procedures, expecting him to carry out this complex task from memory.
The Beryl Alpha rig has 40 well slots and some of its oil wells are gas-lifted to increase production efficiency. The use of gas lift means that there are large inventories of pressurised hydrocarbon gas, any uncontrolled release of these inventories is a potential major hazard event.
At approximately 19.40, four flammable gas detectors had detected gas in the area and automatically activated the platform water deluge system. The general platform alarm sounded, and all 134 workers went to their muster stations. The gas release continued, and the installation remained at muster station for more than six hours.
Investigating, the HSE found that deficiencies in Apache’s safety management system (SMS) lead to a release of more than 1000kg of hydrocarbon gas. They had failed to carry out a risk assessment for depressurising gas lift wells, which meant there was a lack of suitable written procedures. The use of a formalised written procedure by Apache would have ensured that this task was carried out correctly in a safe and consistent manner across all staff shifts, preventing the safety critical emergency shutdown system from being disabled during well depressurisation. The prolonged duration and magnitude of the release was a direct consequence of the inadvertent defeating of the emergency shutdown system in this instance.
Apache Beryl Limited of Caledonia House, Prime Four Business Park, Kingswells Causeway, Aberdeen pleaded guilty to breaching regulation nine of the Offshore Installations Prevention of Fire and Explosion, and Emergency Response Regulations 1995 (PFEER). They were fined £400,000.
Speaking after the hearing HSE principal inspector Dave Walker said: “Although the offshore industry has managed to reduce its overall number of hydrocarbon releases, it is still the case that in most years there are several, which are of such a size that if ignited would result in potentially catastrophic consequences.
“At more than 1000kg, Apache’s Beryl Alpha’s hydrocarbon release was the largest reported to HSE in 2014. It occurred during complex work on a well, which used a large volume of high-pressure gas to improve production rates, the hazardous nature of which had been highlighted in specific HSE guidance.
“The depressurisation of an oil well is a safety critical task, and so should have been formalised in a written procedure to set out a specified sequence of operations to perform the task correctly and prevent potential fatal consequences.”
This is valid as of 2nd July 2021.
British Airways Plc has been fined following a vehicle collision at Terminal 5 of Heathrow Airport.
On 16 March 2018, an employee was struck by a tug pulling a train of dollies (vehicles used to transport baggage around the airport). She was knocked under another passing tug with dollies loaded with luggage, sustaining serious crush injuries.
The HSE’s investigation found that the injured worker was using the centre of the roadway between the two lanes as a walking route and this unsafe practice had been commonplace in the baggage hall for at least ten years. Significant failings were also found in the general management of health and safety and workplace transport risks, including issues relating to supervision and monitoring, risk assessment and training.
British Airways PLC of Waterside, Harmondsworth, Greater London pleaded guilty to breaching section 2(1) of the Health and Safety at Work etc. Act 1974. The company was fined £1.8 million and ordered to pay costs of £35,724.
Speaking after the hearing, HSE inspector Megan Carr said: “The situation in the baggage hall at Heathrow Terminal 5 was an incident waiting to happen.
“British Airways failed to appreciate the serious nature of the risks to which its employees were exposed and as a result failed to take appropriate action to ensure they were properly protected.”
This is valid as of 1st July 2021.
What you’ll get: (Scotland)
The significant shift to homeworking as a result of the COVID-19 pandemic has exposed deep differences in job quality across the Scottish workforce, according to CIPD Scotland’s annual Working Lives Scotland report.
The report looks at the current state of work in Scotland by measuring five key dimensions of fair work: respect, security, opportunity, fulfilment and effective voice. It claims that homeworkers – just over half of all Scottish employees at the time of the survey – have seen some benefits, but also drawbacks to the changes in ways of working. While homeworkers, paradoxically, report better relationships at work and are more positive about employee voice compared with those not working from home at all, they report poorer work-life balance and excessive workloads.
Thirty seven per cent of those fully working from home say they find it hard to relax in their personal time because of their job, compared with 23% of those not working from home at all. 40% of those fully working from home report excessive workloads, compared with 31% for those not working from home at all.
While overall job quality in Scotland has surprisingly been unaffected by the pandemic, it continues to fall short on several key measures. The report highlights that concerns remain over issues like wellbeing, job autonomy and skills mismatch across the Scottish workforce. For example, it finds that 26% of employees feel their work impacts negatively on their mental health.
Alongside an analysis of five fair work dimensions, the CIPD’s report offers a timely exploration of job quality for key workers, homeworkers and those on furlough.
While the report suggests that those who can work from home would like to continue working from home at least some of the time, 43% of Scots are in jobs that can’t be done from home. It identifies persistent and significant gaps in flexible working availability – something that employers will need to address if they are to avoid creating a two-tier workforce of those who can and can’t work from home. Options like flexitime, job-sharing or compressed hours need to become available more widely.
Lee Ann Panglea, Head of CIPD Scotland and Northern Ireland, said: “The last 15 months have been extraordinary for all of us, but especially for the HR profession. Our profession has been front and centre of navigating huge people and organisational challenges across Scotland.”
“As we look towards the ‘new normal’, we must all learn the lessons from the pandemic and ensure that it is a catalyst for positive change. Employers need to keep wellbeing top of their agenda and should be considering flexible working options beyond homeworking, like flexi-time, job sharing or compressed hours if they want to retain and attract employees.
“Fair work and good people practice should be central to achieving inclusive growth and improving job quality and productivity for all employees and employers. Working Lives Scotland 2021 provides further evidence around some of the challenges, gaps, but also opportunities for progress.”
This is valid as of 30th June 2021.
The UK Government has delayed the full lifting of COVID restrictions in England by four weeks, at Step 3 of the roadmap, amid rising infection rates as the new Delta COVID variant spreads.
After two weeks, the government will review the data to see if the risks have reduced. It is expected that England will move to Step 4 on 19 July. The Scottish and Welsh Governments are reviewing their planning for the lifting of restrictions, which may also be delayed.
The HSE advise that businesses need to continue to have COVID-secure measures in place that are in line with the latest Government guidance. Currently, workers should continue to work from home if possible.
It is stressed that, at this stage, it is vital that businesses do not become complacent and that they continue to have measures in place to manage the risk from Coronavirus and ensure workers are following them.
The HSE is working with local authorities to carry out spot checks and inspections on businesses. These are taking place in all areas, to check that businesses have COVID-secure measures in place to keep workers, visitors and customers safe.
What happens during spot checks and inspections?
The HSE calls and visits businesses to check the COVID-secure measures they have in place and provides guidance and advice if required. Where businesses aren’t managing the risk, action will be taken. This can range from the provision of specific advice, issuing enforcement notices and stopping certain work practices until they are made safe. Where businesses fail to comply, this could lead to prosecution.
Angela Storey, Director of Transformation and Operational Services at HSE, said: “The UK government has confirmed a four-week delay to the lifting of restrictions, as the Delta strain of Covid-19 becomes the dominant variant in England, with infection numbers rising across Britain.
“Whilst we recognise that this news will come as a disappointment to a number of businesses, especially those in the hospitality sector, businesses must continue to have measures in place to manage the risks, to help protect the health of local communities as well as to support the local and national UK economy.
“We will also continue to work with local authorities, checking that businesses have COVID-secure measures in place, and providing guidance and advice where needed.
“As we continue to carry out spot checks and inspections our support of cross-government work remains. We are committed to helping employers and employees as they work through the pandemic.
“All workplaces are in scope for spot checks which means businesses of any size, in any sector can receive an unannounced call or visit to check they are COVID-secure.”
This is valid as of 29th June 2021.
The "New Normal" has been a hard adjustment for us all and forced us into new situations. If you notice that some of your employees are struggling but don't know where to start, then watch our free webinar. Our speakers will provide you with some key action points that you can use that not only help in the short-term but will be beneficial in the future. A Liverpool care agency, that supports people with mental health issues, its manager and a care home have been fined after an employee was stabbed by one of its residents.
On 2 November 2014 an employee of Options for Supported Living was undertaking a regular scheduled visit to assist the transition of services for a resident from Fulwood Care Ltd at Ampthill Road, Aigburth to Options for Supported Living. During the visit, the untrained Options employee was left alone in the kitchen with the individual despite the care plan stating that the resident, whose violence and aggression had been clearly identified, required the attendance of two care workers at all times.
Whilst the employee was unaccompanied, the resident crossed the kitchen and stabbed the employee in the right side of her neck.
While the employee made a physical recovery, she has suffered post-traumatic stress disorder (PTSD) and long-term psychological trauma and is still receiving counselling.
Investigating, the HSE found that despite care plans and risk assessments being in place from the City Council, the NHS Mental Health Trust and Fulwood Care Limited, all of which indicated the high risk the individual posed to themselves and others, neither Fulwood Care Limited or Options for Supported Living took account of these documents prior to the visits by Options for Supported Living. This included the manager at Supported Living, Marie Binns.
It was also found that dedicated training and a full risk assessment and care plan for that individual were not undertaken by Options for Supported Living in order to identify the triggers for violence and aggression, and how the risk could be managed. The need for 2:1 supervision and triggers (things not to say or do) should have been identified and copies of the documents given to Options employees prior to their visits. Arrangements with regard to communication and supervision by the two care agencies should also have been undertaken and adequate supervision during visits provided by both Options and Fulwood Care.
Options for Supported Living Ltd of St Nicholas House, Old Church Yard, Liverpool, pleaded guilty to breaching Section 2 (1) of the Health and Safety at Work etc. Act 1974 and was fined £31,000 and ordered to pay £10,000 towards costs.
Fulwood Care Ltd of Ampthill Road, Aigburth, Liverpool pleaded guilty to breaching Section 3 (1) of the Health and Safety at Work etc. Act 1974 and was fined £14,000 and ordered to pay £10,000 towards costs.
Marie Binns of Queens Drive, West Derby, Liverpool accepted a formal caution with regard to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974.
HSE inspector, Rose Leese-Weller, said after the hearing: “This was a tragic and wholly avoidable incident. Those in control of work have a responsibility to devise safe methods of working and to provide the necessary information, instruction and training to their workers.
“If a suitable safe system of work had been in place prior to the incident, the individual in care may not have reacted the way they did, and life changing injuries sustained and trauma experienced by the Options employee could have been prevented.”
This is valid as of 28th June 2021.
Guilford Europe Ltd has been fined after a worker was seriously injured when he was covered by hot dye and steam during a maintenance job at the company’s site in Alfreton, Derbyshire.
The incident happened on 4 June 2019, when a maintenance worker was checking a fault on an industrial dye pressure vessel, used to dye long lengths of fabric, after steam had been seen coming from the main drain vent. A valve was slightly open and air lines were removed and replaced in incorrect positions, which caused the valve to instantly open releasing 6,000 litres of hot dye liquor. The employee suffered 20% burns to his body including both arms, legs and buttocks.
The HSE’s investigation found that:
Guilford Europe Ltd of Cotes Park Industrial Estate, Somercotes, Alfreton, Derbyshire pleaded guilty of breaching Section 2(1) of the Health and Safety at Work Act 1974 and were fined £100,000 with £3,751.60 in costs.
Speaking after the hearing, HSE inspector Leigh Stanley, said: “Those in control of work have a responsibility to devise safe methods of working and to provide the necessary information, instruction and training to their workers. If a suitable safe system of work had been in place prior to the incident, the life changing injuries sustained by the employee could have been prevented.”
This is valid as of 25th June 2021.
Company car and van drivers are being urged not to drive for longer than two hours without taking a break, after new research revealed a worrying trend in tired driving.
The survey, from road safety organisation IAM RoadSmart, found that one-in-10 drivers had momentarily closed their eyes because they were so tired.
The same number (10%) of drivers also admitted that they had hit the rumble strip, while two-in-five (40%) had turned down the heating or rolled down the windows in order to stop them from being tired.
Neil Greig, IAM RoadSmart director of policy and research, said: “Fatigue behind the wheel is a very serious problem, perhaps more concerning than previously thought of.
“The potential carnage that could result from even one accident doesn’t bear thinking about.”
More than half of drivers said they were very concerned about fatigue when driving long distances, while encouragingly around a quarter of drivers had pulled over for a rest or a coffee as the road safety experts advise.
“Driving a long distance needs pre-planning to ensure there are plenty of available rest places and to make sure there’s enough time to complete the journey if delays are encountered,” explained Greig.
“Never drive for longer than two hours without a break and take particular care if driving when you would normally be asleep. This is even more important as the country reopens after the pandemic and not all facilities may be available yet.
“Drivers can then concentrate on staying alert behind the wheel rather than staving off tiredness by trying to reach their end destination without adequate rest breaks.”
This is valid as of 24th June 2021.
In early June, electric scooters (e-scooters) became available to rent in a small number of London boroughs. This is the only way to legally ride an e-scooter on public roads or in other public places in London – and only in those specific boroughs.
The trial aims to help TfL better understand how e-scooters can be used safely in London – and how policy should be developed in the future. We are taking steps to ensure that anyone using a rental e-scooter rides safely and follows the rules of the road as well as guidance from the rental operator. The e-scooter rental trial is part of a wider effort by TfL, London Councils, London boroughs and the UK Government to enable people to use new and greener forms of transport.
Riding e-scooters on pavements will still be banned, but they will generally be able to use the same space as bicycles.
Riders must be 18 or over and have a full or provisional driving licence to rent an e-scooter.
It is still illegal to use privately-owned e-scooters or other powered transporters on public roads.
Legislation
Relevant laws on e-scooter use include:
The trial
TfL is running the trial with London Councils and the participating London boroughs, plus Canary Wharf. Working together on a single trial means the trial can run consistently across participating boroughs, with safety at its core.
E-scooters are available for hire in the following areas:
Safety information can be found here. https://tfl.gov.uk/modes/driving/e-scooter-safety
People working in CQC-registered care homes will need to be fully COVID-19 vaccinated with both doses, the government announced last week.
New legislation means from October – subject to Parliamentary approval and a subsequent 16-week grace period – anyone working in a CQC-registered care home in England for residents requiring nursing or personal care must have two doses of a COVID-19 vaccine unless they have a medical exemption.
It will apply to all workers employed directly by the care home or care home provider (on a full-time or part-time basis), those employed by an agency and deployed by the care home, and volunteers deployed in the care home.
Those coming into care homes to do other work, for example healthcare workers, tradespeople, hairdressers and beauticians, and CQC inspectors will also have to follow the new regulations, unless they have a medical exemption.
The responses to the consultation made a case for extending this policy beyond care homes to other settings where people vulnerable to COVID-19 receive care, such as domiciliary care and wider healthcare settings.
Based on this evidence, the government will launch a further public consultation in due course on whether or not to make COVID-19 and flu vaccination a condition of deployment in health and care settings. This is a complex issue and the government is looking for a wide range of perspectives from across the health and care sector about whether this should be introduced and how it could be implemented.
Health and Social Care Secretary, Matt Hancock said: “Vaccines save lives and while staff and residents in care homes have been prioritised and the majority are now vaccinated we need to do everything we can to keep reducing the risk.
“Through our consultation we have listened to the experiences and concerns of providers and people living and working in care homes to help shape our approach.
“We have a responsibility to do all we can to safeguard those receiving care including in the NHS and so will be consulting further on whether to extend to other health and social care workers.
“This is the right thing to do and a vitally important step to continue protecting care homes now and in the future. I’d urge anyone working in care homes to get their jab as soon as possible.
“There will be exceptions for visiting family and friends, under 18s, emergency services and people undertaking urgent maintenance work.”
Data on vaccine effectiveness from Public Health England (PHE) indicates the COVID-19 vaccination programme has so far prevented 14,000 deaths and around 42,000 hospitalisations in older people in England (up to 30 May).
The new regulations follow an extensive consultation with the social care sector, staff, residents and their families on the issue.
The Social Care Working Group of the Scientific Advisory Group for Emergencies (SAGE) advises that an uptake rate for one dose of 80% in staff and 90% in residents in each individual care home setting is needed to provide a minimum level of protection against outbreaks of COVID-19.
While the majority of care home workers have now been vaccinated, only 65% of older care homes in England are currently meeting the minimum level of staff uptake for one dose needed to reduce the risk of outbreaks in these high-risk care settings – falling to 44% of care homes in London.
If approved by Parliament, there will be a 16-week grace period from when the regulations are made to when they come into force to enable staff who haven’t been vaccinated to take up the vaccine. A majority of adult social care staff will be eligible for their second dose 8 weeks after their first.
People may not yet have taken up the offer of a vaccine for a number of reasons including availability, being within 28 days of having COVID-19 or for personal reasons.
This is valid as of 22nd June 2021.
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