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A car parts manufacturer has been fined £1.6 million after a Legionnaires’ disease outbreak and an explosion occurred at the same factory within a year. Both incidents took place at Faltec Europe Limited’s plant in Boldon.
Legionnaires’ disease
Between October 2014 and June 2015, two employees, two agency workers and a local resident fell seriously ill with Legionnaires’ Disease. An investigation carried out by the Health and Safety Executive (HSE) found the illness was caused by Faltec’s failure to effectively manage its water cooling systems, including four cooling towers. This resulted in legionella bacteria growing to potentially lethal levels. Some of those affected suffered long-term ill-health as a result, while one victim was put into an induced coma.
The HSE served an immediate prohibition notice on Faltec on 5th June 2015, for failing to ensure that its water cooling towers were designed to prevent water stagnation and for failing to ensure the cooling towers and pipework were maintained in a clean condition. Improvement notices had also been served prior to the incident over failure to control the risks from legionella exposure.
Faltec Europe Limited pleaded guilty to breaches of Section 2 (1) and 3 (1) of the Health and Safety at Work Act 1974 and was fined £800,000.
Explosion
The second incident occurred on 16th October 2015. A roller on one of the factory’s flocking lines became detached inside the enclosed machine. A 19 year operator attempted to recover the part by opening a hatch. However, the part made contact with the electrostatic grid creating a spark that set off a dust explosion. The operator sustained first degree burns to his face and arms.
A HSE investigation found Faltec had failed to implement control measures to protect its workers from risks related to explosive atmospheres, despite explosions having previously occurred at the factory. Improvement notices had been served prior to the incident as access was possible to dangerous moving parts of the co-extrusion line and the flocking line.
Faltec Europe Limited pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974, and was fined £800,000.
In addition to total fines of £1.6 million for the two incidents, the company was ordered to pay costs of £75,159 and a victim surcharge of £120.
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New regulations have come into force to allow remote control car parking.
Remote control parking allows drivers to park their cars using a key fob or Smartphone app, and can be particularly useful for those with reduced mobility.
Regulation 110 of The Road Vehicles (Construction and Use) Regulations 1986 prohibits a person from using a hand-held mobile telephone or hand-held interactive communication device while driving a motor vehicle. Previously this included such devices being used for remote control parking and could lead to authorities prosecuting people in contravention.
The Road Vehicle (Construction and Use) (Amendment) Regulations 2018 has introduced an exemption when the device is being used to perform a remote control parking manoeuvre. The device or app must be legal and meet the following conditions:
These regulatory changes should help facilitate the introduction of innovative new technologies in a safe, agile and evidence-based manner for the benefit of UK consumers and businesses.
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Commencement: 20th May 2018
Revokes and replaces
The Agricultural or Forestry Tractors (Emission of Gaseous and Particulate Pollutants) Regulations 2002 and The Tractor etc (EC Type-Approval) Regulations 2005
Summary
These Regulations implement:
The EU Regulations implement type-approval requirements for motorcycle and agricultural and forestry vehicles in order to improve the safety and environmental performance of such vehicles.
These Regulations create domestic penalties for non-compliance with the requirements or for misconduct during the type approval process.
Article 19 of Regulation 167/2013 sets out environmental performance requirements for agricultural and forestry vehicles. Manufacturers must ensure that vehicles are designed, constructed and assembled so as to minimise the impact on the environment. This includes ensuring vehicles comply with the relevant requirements relating to pollutant emissions and external noise levels.
Article 23 of Regulation 168/2013 sets out environmental performance requirements for three-wheel vehicles and quadricylcles. Manufacturers must ensure that vehicles are designed, constructed and assembled so as to minimise the impact on the environment. They must ensure that type-approval vehicles meet the environmental performance requirements as set out in:
Article 24 of Regulation 168/2013 includes additional environmental requirements with regards to greenhouse gas emissions, fuel consumption and electric energy consumption and electric range.
Comes into force: 2nd May 2018 and 7th January 2019
Commences: The Flood and Water Management Act 2010
Mini summary of the 2010 Act
This Act introduces requirements relating to the management of risks in connection with flooding and coastal erosion. They introduce strategies for flood and coastal erosion risk management, establish regional flood and coastal committees, requires the use of suitable drainage, introduce a new set of reservoir safety rules amongst other things.
Commencement
For the purpose of making subordinate legislation, this order brings into force on 2nd May 2018 Section 32 (sustainable drainage) and Schedule 3 (sustainable drainage) of the 2010 Act. The remaining requirements of Section 32 and Schedule 3 come into force on 7th January 2019.
Sustainable drainage systems slow the rate of surface water run-off and improve infiltration with the aim of reducing damage from flooding, improving water quality, protecting the environment and health and safety, and ensuring the stability and durability of drainage systems.
Schedule 3 introduces standards for the design, construction, maintenance and operation of new rainwater drainage systems. It also introduces an approving body, which will generally be a utility, county or county borough local authority, who will be required to approve most types of rain-water drainage systems before any construction work with drainage implications can start.
Commencement: 30th April 2018
Revokes and replaces
These Regulations revoke and replace requirements formerly applied in the Mines and quarries Act 1965, and in various Regulations made under that Act. The Safety, Health and Welfare at Work (Extractive Industries) Regulations 1997 no longer apply to a mine.
Summary
These Regulations set out requirements with respect to safety, health and welfare in mines. They implement Council Directive 92/104/EEC on the minimum requirements for improving the safety and health protection of workers in surface and underground mineral extracting industries.
Part 2 requires a competent person to be appointed as an operator of the mine. A mine manager and an adequate number of shiftbosses must also be appointed. General duties are set out for operators, mine managers, shifbossess and persons at work at a mine.
The Health and Safety Authority must be notified of the appointment of an operator and mine manager, the commencement of mining operations, the permanent cessation of mining operations and dangerous occurrences at a mine.
Part 3 requires suitable schemes are prepared, for the systematic inspection, maintenance and where appropriate testing of:
Suitable records must be kept of the above inspections. Part 3 also requires the operator to ensure work is supervised.
Parts 4-15 set out specific requirements for the following areas:
4. roadways and vehicles,
5. ventilation,
6. stability and ground support,
7. explosives,
8. electricity,
9. access, egress and emergency planning,
10. preparation of mine places,
11. provision relating to hoisting systems,
12. provision for particular risks at mines,
13. safety provisions for ancillary surface installations,
14. health, and
15. welfare.
Commencement: 2nd May 2018
Amends: Regulation (EC) No. 66/2010 on the EU Ecolabel and EU decisions on establishing the ecological criteria for the award of the EU Ecolabel
Mini summary of the 2010 Regulations
These Regulations lay down the rules for the voluntary EU Ecolabel scheme. The scheme is part of the sustainable consumption and production policy for the European Community and is intended to promote products with a high level of environmental performance.
Amendment
The EU Ecolabel is a voluntary ecolabelling scheme established in 1992. It encourages manufacturers to produce goods and services that are more environmentally friendly. Any good or service that has been awarded the EU Ecolabel meets a set of high environmental and performance standards.
A new set of criteria for the EU Ecolabel service group Cleaning Services has been published. The EU Ecolabel criteria on indoor cleaning services addresses the most critical hotspots of cleaning process and helps businesses take real action towards sustainable cleaning.
Cleaning service companies that hold EU Ecolabel certificates are able to prove the efficiency of their environmental practices during green public procurement tenders. The label also demonstrates the companies commitment to the well-being and safety of their employees by decreasing their exposure to toxic substances.
Commencement: 8th June 2018
Amends: The Building Regulations 2010 and The Buildings (Approved Inspectors etc.) Regulations 2010
Amendment
These Regulations amend the Building Regulations 2010 and the Buildings (Approved Inspectors etc) Regulations 2010 to bring the requirements in relation to excepted energy buildings under Welsh Ministers control.
Additional amendments to The Building Regulations 2010
These Regulations also amend Part 6 (Energy efficiency requirements). The Welsh Ministers must approve minimum energy performance requirements for new buildings, in the form of target CO2 emission rates, which must be calculated and expressed in accordance with the approved methodology.
Minimum energy performance requirements must be approved by the Welsh Ministers, calculated and expressed in accordance with the approved methodology for:
Part 7 (water efficiency) is amended. The potential consumption of water by persons occupying a dwelling must not exceed 125 litres per person per day, calculated in accordance with approved methodology. It applies to a dwelling which is erected or formed by a material change of use of a building.
These Regulations insert Part 7A (Automatic Fire Suppression Systems). It applies where building work consists of the erection or material change of use of a building in relation to:
It requires automated fire suppression systems to be installed and operational.
Part K (Protection from falling, collision and impact) and Part M (Access and use of building) of Schedule 1 are substituted. Schedule 4 (description of work where no building notice or deposit of full plans required) is also amended.
Commencement: 1st November 2018
Amends: The Building Regulations 2010 (SI 2010/2214) as amended
Mini summary of the 2010 Regulations
These Regulations impose requirements on people carrying out “building work” which is defined in regulation 3 as the erection or extension of a building; the provision or extension of a controlled service or fitting; the material alteration of a building or controlled service or fitting; work required in relation to a material change of use; insertion of insulating material into a cavity wall; work involving underpinning of a building; work required to replace or renovate thermal elements; work relating to a change in a building’s energy status and work relating to improvement of the energy status of certain large existing buildings.
Amendment
These Regulations amend Regulation 36 (water efficiency of new dwellings). They introduce a new requirement that where a dwelling is erected the potential consumption of water must not exceed 110 litres per person per day. The current requirement of 125 litres remains where there is a material change of use such that a building is used as a dwelling or contains a flat, in either case where previously it did not.
Paragraph G2A (water efficiency of new buildings other than dwellings and healthcare buildings) is inserted into Part G of Schedule 1. Paragraph G2A applies to building work that consists of the erection or extension of a building which is not a dwelling or healthcare building. Reasonable requirements must be made in the design and installation of any sanitary convenience, washbasin or shower so as to prevent the undue consumption of water.
Part Q (security) is inserted in Schedule 1. Part Q only applies when a dwelling is erected. Reasonable provision must be made to deter and resist unauthorised access to any dwelling and any part of a building from which access can be gained to a flat within a building.
Commencement: 6th April 2018
Amends: The Energy Performance of Buildings (England and Wales) Regulations 2012 (SI 2012/3118)
Mini summary of the 2012 Regulations
These Regulations require energy performance certificates and recommendations for improvement of the energy performance of the building to be produced when buildings are constructed, sold or rented out. They also require energy certificates to be displayed in larger public buildings and air-conditioning systems to be inspected at regular intervals.
Amendment
These Regulations amend fees for entering data onto the register of energy performance certificates (EPC), display energy certificates (DEC) and air conditioning inspection reports.
From 6th April 2018 fees will be changed to the following levels:
– an EPC which relates to a building other than a dwelling;
– a DEC; or
– an inspection report.
These are the fees that the Energy Assessor pays to enter EPCs/DECs/reports onto the central register. The fee may be passed onto the building owner but will be paid by the Assessor.
These Regulations clarify that where general or bulk access data may be disclosed by the keeper of the register to the Secretary of State, it may also be disclosed to a person acting on behalf of the Secretary of State.
The definition of ‘personal data’ is removed as the term is no longer used in the 2012 Regulations.
Commencement: 15th April 2018
Amends:
Amendment
This Regulation aims to reduce Greenhouse Gas (GHG) emissions from transport fuels and increase the proportion of renewable transport fuel supplied. It does this by amending the two pieces of legislation below and changing some definitions in the Energy Act 2004.
The Renewable Transport Fuel Obligation Order 2007 puts an obligation on large transport fuel suppliers to ensure that a proportion of the fuel they supply comes from renewable and sustainable sources. So far the obligation has been mostly met with an increase in the supply of biodiesel and bioethanol which can be blended in small amounts with regular fuel or used on their own in specially adapted vehicles and non-road mobile machinery.
This amendment increases the volume target for total renewable fuel supplied from 4.75% currently, to 9.75% by 2020 and then 12.4% by 2032.
The amendment also introduces sub-targets for development fuels to increase incentives to supply other specific types of renewable fuel. These include fuels derived from waste (but not cooking oils and fats which are already well supplied), hydrogen fuel, renewable fuels that can be used in aviation and renewable fuels that can be blended with regular fuel at higher ratios (+25%).
The amendment also places a limit on the contribution that renewable fuels produced from food crops can make towards meeting these targets. This will decrease the risks associated with indirect land-use change (ILUC). ILUC occurs where energy crops used for fuel are grown on agricultural land, displacing agricultural production to previously un-cropped land such as grasslands and forests.
The Motor Fuel (Road Vehicle and Mobile Machinery) (Greenhouse Gas Emissions Reporting) Regulations 2012 require large transport fuel suppliers to report on the volume, type and GHG intensity of the fuels they supply. This amendment sets a 6% greenhouse gas emissions reduction obligation on fuel suppliers to be achieved by 2020 based on a 2010 baseline. It also introduces a credit scheme to reward GHG emission reductions.
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