As part of work underway to establish a new Building Safety Regulator and reform the building safety system, HSE is urging those who design high-rise buildings to act now to prepare for the changes coming when the Building Safety Bill becomes law.

The Building Safety Bill, currently making its way through Parliament, aims to implement all of the recommendations set out in Dame Judith Hackitt’s “Building a Safer Future” report, and in places goes further. The reforms include a more stringent approach to the design and construction of high-rise buildings, clearer responsibilities on designers to ensure these buildings are safe, and new measures so that everyone doing design or building work is competent to carry out that work in line with building regulations.

People working on the design of a high-rise building, from the development of a planning application through to building regulations approval will need to understand the building’s intended use, correctly identify the risks, and own and manage those risks to determine the safety of a building.

There will be a requirement to record and provide evidence of decision-making during the design process, and a need to be engaged throughout a building project to handover to the end client. Prepare now for these changes.

Peter Baker, Chief Inspector of Buildings at the Health and Safety Executive, said:

“Designers have a strong influence on safety and standards, particularly during the very early planning and design stages of a building project. Their decisions not only affect the safety of those carrying out the building work, but also those maintaining, using, or living in a building after it is built.

“I encourage designers to act now and prepare for the more stringent regulatory regime. HSE will continue to work with the building design industry and related businesses to support them to deliver safe and high-performing buildings and ensure that residents of high-rise buildings are safe, and feel safe, in their homes now and in the future.”

Colin Blatchford, Operational Policy Lead for Gateways and Building Control at HSE, said:

“Everyone involved in the design of high-rise buildings must take a proactive approach to managing building safety from the earliest stages of the design process. These changes are coming. Those involved need to plan ahead through correctly identifying, taking ownership and managing the risks – ensuring key decisions are recorded throughout the process.

“Once the Building Safety Bill becomes law, there will be a requirement for a safety case report when a building is completed and occupied. It is important to consider this at the early design stage for your clients and future residents’ safety.

“Building safety changes are coming and will affect everyone involved in a high-rise building project beyond its design. We urge that you act now.”

Notes to Editors

1. The creation of the Building Safety Regulator (BSR) is a key component of the Government’s reforms of the building safety system following the Grenfell Tower tragedy and the recommendations in Dame Judith Hackitt’s report of her independent review into building regulation and fire safety.
2. The BSR and its functions from part of the draft Building Safety Bill published in July 2020 to implement the biggest change to building safety for 40 years. HSE is leading the work to design, develop and deliver the BSR functions on behalf of Government and is recruiting across a wide range of roles and expertise to make sure the new building safety regime is fit-for-purpose. It is working with industry, the Department for Levelling Up, Housing and Communities, Home Office, local authorities, fire and rescue services, residents and other stakeholders to pave the way for the fully-fledged regulator.
3. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise. hse.gov.uk
4. HSE already has a role in relation to specific aspects of building safety. HSE regulates workplace health and safety in the high-risk construction industry, the natural gas supply industry, the safety of domestic gas installations, and work with asbestos in buildings.
5. For the Building Safety Bill visit parliament.uk
6. For the Independent Review of Building Regulations and Fire Safety Building a Safer Future report, visit gov.uk
7. HSE is an Executive Non-Departmental Public Body sponsored by the Department for Work and Pensions (DWP).Further information about HSE and its Board can be found at: https://www.hse.gov.uk/aboutus/hseboard/board.htm

The director of an air conditioning company has been sentenced after a worker sustained a broken back when he fell five metres to the ground.

Chelmsford Magistrates’ Court heard how, on 24October 2019, Coolzone Air Conditioning Limited were contracted to replace an air conditioning unit at Eastman House, Radford Cres, Billericay.

As part of the works, an employee, who had never worked on a roof before, was required to go onto the roof to replace the external unit of an air conditioner.  After accessing the roof via a man cage, the worker fell through a rooflight to the warehouse floor five metres below. The employee sustained a broken back and has not returned to work since the incident.

An investigation by the Health and Safety Executive (HSE) found that the company director, Daniel Biagioni, attended the site a month prior to the incident and as part of his risk assessment, identified that the rooflights on the warehouse roof presented a fall risk.

However, Mr Biagioni failed to implement the controls he identified in his risk assessment and sent the inexperienced apprentice onto the roof unsupervised.

Daniel Biagioni of Barrow Chase, Chelmsford, Essex pleaded guilty to breaching Section 37(1) of the Health and Safety at Work Act 1974 and received a six-month custodial sentence suspended for 12 months. As part of his sentence he is required to complete 150 hours of unpaid work. Mr Biagioni was also ordered to pay costs of £4,886 and a victim surcharge.

Speaking after the hearing, HSE inspector David, Tonge said: “Roof work is a high-risk activity and duty holders must ensure they put measures in place to protect against this risk.

“Falls from height often result in life-changing or fatal injuries.  In most cases, these incidents are needless and could be prevented by properly planning the work to ensure that effective preventative and protective measures are in place.”

Notes to Editors:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise. hse.gov.uk

1. More about the legislation referred to in this case can be found at: legislation.gov.uk/www.hse.gov.uk/pubns/priced/hsg33.pdf
2. HSE news releases are available at http://press.hse.gov.uk

The operator of the UK’s largest oil refinery has been fined for health and safety breaches after a leak of liquid petroleum gas (LPG) was discovered by a worker cycling home at the end of their shift.

Southampton Magistrates’ Court heard how, on 15 November 2015, there was an uncontrolled release of around 15 tonnes of LPG through a valve near to the main roadway used by LPG road tankers visiting Esso Petroleum Company’s refinery in Fawley, Hampshire.

The leak went undetected for around four hours before being discovered by an employee on his way home. It took a further hour to establish the source of the leak with on-site emergency personnel having to enter the area to reset the valve.

An investigation by the Health and Safety Executive (HSE) found that the leak occurred because LPG was put through the pipe work at too a high a pressure for the valve, there was no process in place to detect the discrepancy in the flow in the pipe and that the company had failed to take all measures necessary to prevent a major accident.

Esso Petroleum Company Limited pleaded guilty to breaching Regulation 5(1) of The Control of Major Accident Hazards Regulations (COMAH) 2015 and was fined £500,000.

After the hearing, HSE inspector, Jonathan Halewood commented:

“The measures required to prevent accidents should be proportionate to the risks. Where companies handle large quantities of substances that can cause major accidents, such as LPG, they are required to have layers of protection in place to prevent accidents.

“In this incident a number of those layers either failed or were not in place resulting in a significant leak. Even though there was no fire or injury on this occasion, there was potential for a major accident. The prosecution has been brought to highlight the importance of maintaining the layers of protection and preventing this kind of major leak.”

Notes to Editors

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise. hse.gov.uk
2. More about the legislation referred to in this case can be found at: HSE: LPG safety resources
3. HSE news releases are available at http://press.hse.gov.uk

A food manufacturing company has been fined for safety breaches after a hygiene operative suffered a serious injury when his hand came into contact with a mixer.

Leeds Magistrates’ Court heard how on 8 November 2019, the employee of Troy Foods (Salads) Ltd had his index finger severed after his left hand came into contact with a mixer whilst cleaning the door mechanism. This was a result of lack of necessary training in which he should have been signed off before working alone.

An investigation by the Health and Safety Executive (HSE) found that Troy Foods (Salads) Ltd failed to adequately maintain guarding arrangements on a paddle mixer whilst also having deficiencies with training and supervision.

Troy Foods Salads Ltd of George Mann Way, Leeds, West Yorkshire pleaded guilty to breaching Section 11 (1) Provision and use of Work Equipment Regulations 1998. The company was fined £93,000 and ordered to pay £769 in costs.

Speaking after the hearing, HSE inspector Julian Franklin said: “Better compliance, supervision and training are essential to reinforce safe systems of work.

“This incident could so easily have been avoided by simply implementing the correct control measures and safe working practices.”

Notes to Editors:
1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise. www.hse.gov.uk
2. More about the legislation referred to in this case can be found at: www.legislation.gov.uk/
3. HSE news releases are available at http://press.hse.gov.uk[3
4. Please see the link below to the page on HSE’s website that is the best guide to doing it the right way:
https://www.hse.gov.uk/work-equipment-mavhinery/puwer.htm

A farming partnership has been fined after a farm worker was fatally injured following an incident involving a telehandler within the pig barn.

Weston Super Mare Magistrates’ Court heard how, on 17 October 2019, Mr Andrew Denning, a self-employed farm worker, was helping with the mucking-out and animal welfare checks inside a large pig shed.

Mr Denning was working in close proximity to a telehandler, fitted with a bucket, which was scraping the muck from the floor using multiple short manoeuvres. Mr Denning was struck by telehandler and killed as it reversed.

An investigation by the Health and Safety Executive (HSE) found that C M Stone failed to ensure a safe system of work. Staff working within the shed were not adequately segregated from the machine so far as was reasonably practicable.

CM Stone of The Yards, Woolavington Puriton, Bridgwater, pleaded guilty to breaching regulation, 3(1) of the Health and Safety at Work Act.The company has been fined £53,000.00  and ordered to pay costs of £8,000.00

Speaking after the case HSE inspector William Powell commented: “The system of work used at this farm was not safe. Simple measures to keep pedestrians and large farm vehicles properly separated could have prevented Mr Denning’s death.

“Being struck by a moving vehicle has been the biggest cause of workplace fatalities on farms for several years. Farmers should properly assess their workplace transport risks and separate people and vehicles where reasonably practicable. HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards”

Notes to Editors:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise. hse.gov.uk^[1]
2. More about the legislation referred to in this case can be found at: legislation.gov.uk/ ^[2]
3. HSE news releases are available at http://press.hse.gov.uk