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A series of civil sanctions are introduced as an alternative to the already established criminal sanctions. These include:

• compliance notices;
• stop notices;
• enforcement undertakings;
• variable monetary penalties.

These are set introduced by the Environmental Civil Sanctions (England) Order SI 2010/1157 and Environmental Civil Sanctions (Wales) Order SI 2010/1821.

Decision 2010/571/EU, which amends Directive 2002/95/EC, on restricting the use of certain hazardous substances in electrical and electronic equipment (RoHS). It replaces the Annex listing the applications of lead, mercury, cadmium and hexavalent chromium which are exempt from the requirements of RoHS.

These amendments are the result of the latest review of the exemptions, something which is carried out from time to time in order to adapt them to scientific and technical progress.

The Annual Report and Statement of Accounts prepared by the Health and Safety Executive for Northern Ireland (HSE NI) was published in October, and has shown that the number of injuries at work has fallen since last year.

The figures from April 2009 to March 2010 also state that overall reported injuries are down by over a third since the HSE NI was established in 1999. In addition, the number of fatal injury incidents has dramatically decreased, going from 19 in the previous year to six.

This report is available to view in its original format. Click here to open the PDF.

Figures released in October confirmed that Great Britain has the lowest rate of fatal occupational injuries in Europe, and one of the lowest levels of work-related ill health.

They show that between April 2009 and March 2010:

• there were 152 workers fatally injured, down from 179 the previous year;
• there were 26,061 major injuries to employees, such as amputations and burns, compared with 27,894 the previous year;
• there were 95,369 injuries serious enough to keep people off work for three or more days, down from 105,261 the previous year;
• an estimated 1.3 million people said they were suffering from an illness caused or made worse by their work, up from 1.2 million the previous year;
• a further 800,000 former workers are still suffering from an illness caused or made worse by work.

This report is available to view in its original format. Click here to open the PDF.

Snack food giant Walkers and chemical distributor Omnichem have been fined a total of £350,000 after a worker was killed by a cloud of toxic gas.

The poisonous fumes overcame John Marriot in July 2006 as he was delivering chemicals to Walker’s Leicester plant, for use in its starch reclamation unit. The lorry’s tanks separately contained sodium chlorite and hydrochloric acid, and when Marriott accidentally mixed up the hoses he was using to transfer the chemicals at Walkers’ site, they produced dangerous green fumes of chlorine dioxide.

As soon as he realised his mistake, he stopped the transfer process. But as he started to hose the area down, the gas was already affecting him. Chlorine dioxide causes fluid to build up in the lungs, leading eventually to respiratory failure.

He was taken to Leicester Royal Infirmary but died a month later when his condition deteriorated.

HSE inspector Sue Thompson said, “This incident was entirely preventable. Basic risk assessments and clear procedure could have avoided Mr Marriott’s tragic death but as it was there were a catalogue of serious failings.”

She continued, “It took about an hour after the appearance of the gas cloud for Walkers to realise the gravity of matters, and to get employees out of the area. Walkers had no planned evacuation procedure for a chemical emergency at this location, which was a major failing. There were insufficient written procedures for deliveries of chemicals and for the receipt of chemicals, and the tanks were also insufficiently labelled.”

Walkers and Omnichem pleaded guilty to breaching the Health and Safety at Work etc. Act 1974 by failing to ensure the safety of their employees and others. At Leicester Crown Court, the judge fined Walkers £200,000 plus £38,971 costs, and Omnichem £150,000 with costs of £29,229.

For more information, see:

• Control of Major Accident Hazards Regulations SI 1999/743.

The Annual Report and Statement of Accounts prepared by the Health and Safety Executive for Northern Ireland has shown that the number of injuries at work has fallen since last year.

The figures from April 2009 to March 2010 also state that overall reported injuries are down by over a third since the HSENI was established in 1999. In addition, the number of fatal injury incidents has dramatically decreased, going from 19 in the previous year to 6.

The chairman of the HSENI, Professor Peter Mckie, said, “This is yet again a very significant reduction and I see the continuing downward trend as a clear endorsement of the innovative and challenging approach that has been adopted by HSENI since its establishment.”

He continued, “This approach is based on three complementary strands: the provision of advice and assistance particularly to small businesses; the recognition of good practice amongst both the private and public sectors and the relentless pursuit of those who blatantly flout the law and put the lives of the general public at risk.”

Professor Mckie added, “Credit must also be paid to the work undertaken by the HSENI’s enforcement partners, the District Councils, who have supported the HSENI in its drive to tackle shared priority health and safety issues and have undoubtedly contributed to the improvements seen over recent years.”