In this article Regulatory Compliance and Enforcement expert Steve Panton, highlights two recent prosecutions of health and safety failings, resulting in acute injury and thousands of pounds worth of fines.
The two recent HSE prosecutions summarised below highlight the consequences of failing to manage a major risk area which include; the operation and use of equipment and machinery and the training and employee competence, which is often overlooked particularly when longstanding employees involved.
Operation and Use of Equipment
In July 2024 The Forest School, Horsham was fined £16,000 after a laboratory technician working in the school’s DT Department lost his finger whist operating a circular bench saw. The employee had used the saw, a higher risk item of machinery, on many occasions but had never been trained on how to use the saw safely.
Kerry Ingredients (UK) Limited were fined £300,000 in August 2024 after one of its workers lost four fingers on his right hand whilst trying to unblock a blending machine. HSE’s investigation found that there was a lack of fixed guards to prevent access to the underside of the machine where the rotating parts, including the blades, were located.
What should I be doing?
To comply with obligations as an employer, you need to make sure that work equipment is safe to use and has fixed guarding in place to prevent access to moving machinery parts.
Where fixed guards are not practical, use other methods, such as interlocking the guard so that the equipment cannot be started before the guard is closed, or a retrofitted guard. Remember, if there is an appropriate guarding solution available on the UK market, you will be expected by the regulator to use it. You can also obtain advice from the equipment’s manufacturer about available guarding options.
Also, it’s important to not let staff operate equipment unless they have received adequate training and, after monitoring and supervision, you are confident that staff are aware of the risks involved and know how to use the equipment safely.
You should not assume that just because a member of staff has used a piece of equipment before without incident that they are competent to carry on doing so without some form of training or skills assessment.
Updated RIDDOR Guidance
HSE has published updated guidance on how and when you should submit a report under the Reporting of Injuries Diseases and Dangerous Occurrences Regulations 2013.
Whilst the legal requirements have not changed, the latest guidance contains;
- Improved guidance on who should and should not report under RIDDOR and what is meant by a ‘work-related’ accident
- Information on when an occupational disease is not reportable
- Increased clarity on when an ‘over-7-day’ absence from work should be reported, and
- More direct links to guidance on various types of reportable incidents
Remember, the consequences of failing to follow the requirements of RIDDOR can be severe and include your business being issued with a caution or being prosecuted and liable to an unlimited fine. In the most serious of cases, individuals who fail to submit a RIDDOR report when one is required can receive a custodial sentence of up to 2 years.
Martyn’s Law Update – Publicly Accessible Food and Drink Premises & Events
The King’s Speech on 17 July 2024 contained a commitment to introducing Martyn’s Law.
This followed the Prime Minister’s letter a fortnight earlier to Tegen Murray, the mother of one of the victims (Martyn Hett) of the Manchester Arena terror attack in 2017, promising to do so at the earliest possible opportunity.
Martyn’s Law, which is known as the Terrorism (Protection of Terrorism) Bill, is aimed at minimising the risk of a terror attack and the harm caused in the event of an attack at public premises and events.
Under current proposals, premises primarily used for the sale and consumption of food or drink by visiting members of the public with a capacity to hold 100 or more people will fall within the scope of Martyn’s Law. There will be differing obligations depending on capacity levels and the suggested sanctions for non-compliance will be significant.
Qualifying premises with capacity to hold 100-799 people will be known as “Standard Tier” premises. Relevant premises and publicly accessible events with capacity of 800 or more people will fall within the “Enhanced Tier”.
For more detail on the premises and events within the Food & Drink sector to which Martyn’s Law will apply and what the likely duties will be, please read our article.