Regulatory update - March 2019

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28 March, 2019

Reminder to Ensure Scaffolding is Stable and Safe in High Winds

Following the recent exceptional high winds, the HSE is calling on construction workers to ensure scaffolding is stable and safe by following the scaffold design checklist. According to the HSE, the scaffold checklist is designed to clarify when a scaffold design is required and what level of training and competence those involved in building, managing and using scaffolding are expected to have.

The scaffolding design checklist can be found on the HSE website by following this link.


Worker killed by a wheeled excavator

An employee was killed after he was struck on the body by a wheeled excavator which was slewing after being refuelled.

An investigation by the HSE found that refuelling of plant and equipment was identified as a high risk activity by the principal contractor. The principal contractor had even created a document detailing a safe system of work and had risk assessed the said activity. However, the procedures for the safe system of work and the control measures had not been implemented at the construction site.

Balfour Beatty Civil Engineering Limited who was the principal contractor pleaded guilty to breaching Regulation 13(1) of the Construction (Design and Management) Regulations 2015 and was fined £600,000.

Forbes comment

It is unfortunate that whilst consideration had been given to providing a safe system of work and considering control measures that this had not been implemented on site. It is essential that staff are adequately trained and briefed on all security measures to avoid tragic accidents such as this.


Two companies fined after worker is crushed by a shovel loader

A 29 year old worker suffered fatal crush injuries when he was struck from behind by a shovel loader whilst working at a paper mill.

An investigation by the HSE found that there was no safe system of work to segregate pedestrians and vehicles and that drivers had limited visibility when driving large shovel loaders.

C M Downton (Haulage Contractors) Limited pleaded guilty to breaching Sections 2 (1) and 3(1) of the Health and Safety at Work Act 1974 and was fined £350,000 and ordered to pay costs of £6,613.90. Also ordered to pay £170 victim surcharge.

UPM-Kymmene (UK) Limited also pleaded guilty to breaching Section 3 (1) of the Health and Safety at Work Act 1974 and was fined £350,000 and ordered to pay costs of £6,711.90. Also ordered to pay £170 victim surcharge.

Forbes comment

This case yet again serves as a crucial reminder to employers to ensure that workplaces are safe. Heavy vehicles operating in the workplace require careful management to reduce the likelihood of accidents. Control measures such as a separation of vehicle and pedestrian traffic routes including physical barriers where possible, use of PPE including high visibility vests, and one way traffic routes etc can reduce the chance of an accident occurring.

Source: HSE website www.hse.gov.uk

For more information contact Ridwaan Omar in our Insurance department via email or phone on 01254 222457. Alternatively send any question through to Forbes Solicitors via our online Contact Form.

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