News

The Health and Safety (Fees) Regulations (Northern Ireland) SR 2010/60, which came into force on 1 April 2010.

They update and set out the fees which must be paid to the Health and Safety Executive for Northern Ireland (HSE NI), in respect of approvals, applications, licenses, notifications, medical examinations and surveillance, as well as various other requirements under certain legislation, which includes:

• Gas Safety (Management) Regulations (Northern Ireland) SR 1997/195;
• Ionising Radiations Regulations (Northern Ireland) SR 2000/375;
• Control of Substances Hazardous to Health Regulations (Northern Ireland) SR 2003/34;
• Control of Lead at Work Regulations (Northern Ireland) SR 2003/35;
• Work in Compressed Air Regulations (Northern Ireland SR 2004/241;
• Control of Asbestos Regulations (Northern Ireland) SR 2007/31.

Northern Ireland Health and Safety Minister Arlene Foster has warned against complacency in the wake of good news with the lowest recorded number of deaths at work in decades.  Seven people lost their lives in work-related accidents in 2009, which is a 60% reduction on the previous year's figure.

It is hoped that the recent establishment of a joint HSE NI and district council working group will take forward plans to develop a long term health and safety at work strategy for Northern Ireland.  This draft strategy will be available for public consultation in July and will set the future direction for health and safety regulation to 2020 and beyond.

The provisions in the Control of Vibration at Work Regulations SI 2005/1093, on the reduction of vibrations in equipment to below the exposure limit value, will come into force on 6 July 2010.  These provisions previously did not apply if the equipment in question was provided by the employer prior to 6 July 2007.

The exposure limit value is:

• 5 m/s² A(8), for hand-arm vibration; and
• 1.15 m/s² A(8), for whole-body vibration.

The provisions in the Control of Vibration at Work Regulations (Northern Ireland) SR 2005/397, on the reduction of vibrations in equipment to below the exposure limit value, will come into force on 6 July 2010. These provisions previously did not apply if the equipment in question was provided by the employer prior to 6 July 2007.

The exposure limit value is:

• 5 m/s2 A(8), for hand-arm vibration; and
• 1.15 m/s2 A(8), for whole-body vibration.

A sweet firm has been fined £300,000, plus costs, after an employee was crushed to death in one of its machines. Tangerine Confectionery Ltd was convicted at Bournemouth Crown Court of breaching the Health and Safety at Work etc. Act 1974.

The court heard how in February 2008, Martin Pejril, a starch room operator at the Alder Road plant in Poole, had climbed in a machine to clear a blockage. However, the machine restarted and he became trapped. His injuries were so severe that he died at the scene.

Health and Safety Executive (HSE) inspector Simon Jones said, “This tragic case highlights the need to ensure that machines are safely isolated before any maintenance takes place so they cannot unexpectedly start up. Simply pressing a stop button does not adequately isolate a machine. If the machine in this case had been properly isolated from the electrical power source before Mr Pejril attempted to clear the blockage, this accident would never have happened. A proper risk assessment would have highlighted the dangers of entrapment. All employees need to be adequately trained in correct company procedures – whether it’s for clearing blockages, operating machines or any high risk activity.”

A spokeswoman for Tangerine Confectionery extended the company’s sympathies to the victim’s family, but it said it was “disappointed” by the conviction and the sentence and that it was considering appealing.

The Notification of Conventional Tower Cranes Regulations SI 2010/333 came into force on 6 April 2010 and require that an employer who provides, or whose employees use, a conventional tower crane at work on a construction site, gives the HSE certain information about the crane.

This requirement also applies to someone who:

• is self-employed, in respect of a conventional tower crane they use at work;
• controls the management, supervision and use of a conventional tower crane.

The number of incidents and fatalities involving tower cranes has increased general awareness of these cranes and the risks to workers and public safety that they can pose.

Public concern led to calls to bring forward proposals such as a statutory national register, in addition to other measures already in place.

The notification information required by these Regulations will allow the HSE to respond to enquiries it receives from those seeking reassurance as to the management of health and safety risks from the crane, such as members of the public, and assist the HSE in its investigation of any incidents involving the crane.

There are a number of different types of tower crane and they can be used in a variety of occupational sectors. However, notification is restricted to conventional tower cranes used on construction sites. It is estimated there are around 1,800 conventional tower cranes in Great Britain and the requirements of these Regulations could result in around 2,500 notifications a year.