[USA] The U.S. Environmental Protection Agency (EPA) recently finalised a settlement with Sasol Chemicals (Sasol) over alleged violations of the chemical accident prevention provisions of the Clean Air Act at the company’s facility in Westlake, Louisiana.

Under the settlement, Sasol will pay more than $1.4 million in civil penalties and correct violations related to an October 2022 fire at the facility, as well as those found during a compliance evaluation in 2021.

From January through July 2021, EPA conducted a Virtual Partial Compliance Evaluation (VPCE) of the Sasol facility under chemical accident prevention requirements of the Clean Air Act, including Section 112(r) and the General Duty Clause. On October 15, 2022, during the process to settle alleged violations found during the evaluation, a fire occurred at Sasol that resulted in a shelter-in-place order for the Westlake area. The settlement announced addresses violations from the evaluation and the fire.

The “Safer Communities by Chemical Accident Prevention Rule” protects the health and safety of all communities by requiring industry to prevent accidental releases of dangerous chemicals that could cause deaths and injuries, damage property and the environment, or require surrounding communities to evacuate or shelter-in-place. The rule requires regulated facilities to perform a “safer technologies and alternatives” analysis, and in some cases, facilities will be required to implement reliable safeguard measures.

Under this settlement, Sasol will develop and implement safe work practices for the pressure testing of related process equipment to avoid further chemical accidental releases like the fire and shelter-in-place that occurred on 15 October 2022.

United States Environmental Protection Agency

This is valid as of the 16th April 2024.

Keeping on top of legislation in the UK is already a laborious task, but when you also manage multiple international sites, it becomes significantly more challenging.

This post dissects our webinar on Managing Health & Safety Regulations Across International Sites which saw Kate Field, Global Head of Health, Safety & Well-Being at BSI, explore this complex responsibility.

It also offers advice on how to navigate constantly changing regulatory landscapes in different countries.

📺 You can watch this webinar on demand here.

As you may know, Barbour EHS is a part of Marlowe Software, Risk and Compliance. We work closely with our sister companies, Elogs and William Martin, enabling clients to enhance visibility, increase productivity and reduce risk.

On 22nd February 2024, Marlowe plc reached agreement to sell our brands to Inflexion, a leading investment firm. A transaction is expected to complete following regulatory approval over the next two months.

Inflexion’s backing will help us continue to grow and develop our leading software platforms and people-led services that you’re used to.

✉️ If you have any questions, feel free to drop an email to enquiries@barbour-ehs.com.

Buy It Direct (BID), the holding company for Appliances Direct, has been fined £37,500 following legal action taken by the Environment Agency for breaching F-Gas Regulations.

Acting on information provided by F-Gas certification scheme REFCOM, in 2020, the online sales company was found to be in breach of F-GAS Regulation Article 11 Paragraph 5, which seeks to ensure that non-hermetically sealed equipment charged with fluorinated greenhouse gases shall only be sold to an end user whereby installation is to be carried out by someone holding a valid F-Gas handling certificate or F-Gas registered contractor.

According to the Building Engineering Services Association (BESA), which operates REFCOM, BID chief executive Nick Glynne had argued in the company’s defence that purchasers “could not proceed to actual purchase without agreeing contractual terms which included installation by a relevant qualified engineer.”

Prosecutors dismissed these claims because there was “no evidence that the installation will be properly carried out,” and the judgement found that 94% of Appliances Direct’s sales to end users lacked evidence indicating compliance with regulations.

Graeme Fox, technical director at BESA, said: “This is a landmark prosecution that sets a precedent for anyone trying to circumvent these important public safety regulations using online sales platforms. REFCOM and its members have been raising the alarm about online sellers for several years as they represent a vulnerability in the system that can lead to equipment falling into the wrong hands. Most distributors and wholesalers are fully aware of their responsibilities and ensure they receive confirmation of safe installation before selling refrigeration and air conditioning equipment, but we remain vigilant for any that might seek to act irresponsibly for profit.

“We will continue to work hard on behalf of the industry and its customers to ensure only properly trained, qualified and registered individuals and companies carry out this important work.”

This is valid as of 16th January 2024.

A former Nottingham bank worker diagnosed with cancer after being exposed to asbestos more than 40 years ago has been awarded £900,000 compensation from HSBC. The 57-year-old was a junior clerk at the Midland Bank in Alfreton Road in the late 1970s and early 1980s.

She only discovered that she had asbestos-linked mesothelioma when she underwent a chest X-ray following a car crash in 2018. Due to the aggressive nature of the illness, doctors warned that her health could deteriorate quickly, giving her a life expectancy of three to 21 months.

The Beeston woman, who was just 16 when she worked at the bank, later became a qualified academic but was forced to give up work after the diagnosis to undergo life-extending treatment. The case was settled out of court.

The bank has accepted full liability and agreed to a £900,000 payout to reflect her “significant loss of earnings” and to help fund “vital therapies, treatments, and ongoing care needs.”

This is valid as of 15th January 2024.

A company has been fined after shocked onlookers spotted an employee precariously working from height while standing on a pallet raised by a forklift truck at Ramsgate Harbour.

The HSE prosecuted European Active Projects (EAP) Limited for breaching Work at Height Regulations after one of its workers was spotted on the pallet on 8 July 2022. The workplace regulator was alerted to the activity after it was reported by a member of the public, who managed to capture the terrifying debacle on video.

The worker was part of a team of three at EAP Limited that were removing work equipment from the deck of a boat in the harbour’s slipway.

As scaffolding had been removed, the workers raised a pallet to the deck with a forklift truck and used it as a mobile platform to remove items from the boat.

One of the workers was then witnessed climbing from the side of the vessel, beneath the guard rails, and onto the pallet with a heavy, motorised pressure washer. The pressure washer was then lowered to the ground.

HSE inspector Samuel Brown said: “This incident demonstrates why there is a need to appropriately plan and supervise work at height. Clearly, lessons had not been learnt since the company’s previous prosecution in 2015.

“Falls from height are still the biggest cause of fatal accidents involving workers.

“The risk of workers falling from the pallet and sustaining serious, possibly fatal, injuries should not be ignored. Fortunately, no workers were harmed and the reporting of the incident by a concerned member of public enabled HSE to intervene and prevent any further unsafe work at height on site.”

This HSE prosecution was brought by HSE senior enforcement lawyer Nathan Cook and supported by HSE paralegal officer Cristina Alcov.

This is valid as of 12th January 2024.

The UK Government says that the UK now has the most ambitious regulatory framework for the switch to electric vehicles of any country in the world, thanks to new laws which commenced as of 3 January 2024.

The zero emission vehicle (ZEV) mandate sets out the percentage of new zero emission cars and vans manufacturers will be required to produce each year up to 2030. It states that 80% of new cars and 70% of new vans sold in Great Britain will now be zero emission by 2030, increasing to 100% by 2035.

The new laws are also intended to help households make the switch to electric, supporting growth of EV sales in the second-hand market, and incentivising charging to roll out more widely across the country.

The government’s schemes to lower the upfront and running costs of owning an EV includes the plug-in van grant of up to £2,500 for small vans and £5,000 for large vans until at least 2025 and £350 off the cost of homeplace chargepoints for people living in flats.

Additionally, last month the UK and European Union (EU) agreed to extend trade rules on electric vehicles, saving manufacturers and consumers up to an estimated £4.3 billion in additional costs.

The government also says it is continuing to support the rollout of EV infrastructure, with applications for the first round of the £381 million Local EV Infrastructure Fund currently being assessed. The government has also launched a £70 million pilot to support the deployment of ultra-rapid charging points at motorway service areas.

As part of the government’s “Plan for drivers,” it says it also intends to consult on ways to make installations cheaper and quicker for chargepoint operators, review the grid connections process for chargepoints, and consult on the expansion of permitted development rights to make installations easier.

This is valid as of 8th January 2024.

A production company has been fined after a stunt performer was injured during the filming of Fast and Furious 9: The Fast Saga.

Joe Watts, from Surrey, sustained life-changing injuries after he fell approximately 25 feet at Warner Bros. studios in Leavesden, Hertfordshire on 22 July 2019.

He had been filming a fight scene for the action movie.

Mr Watts fell 25 feet onto the concrete floor below when the line on his stunt vest became detached.

As a result of his fall, Mr Watts suffered a fractured skull and a severe traumatic brain injury, which has resulted in permanent impairment and disability.

FF9 Pictures Limited, of St. Giles High Street, London, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974. The company was fined £800,000 and ordered to pay £14,752.85 in costs.

HSE inspector Roxanne Barker said: “Mr Watts’ injuries were life-changing and he could have easily been killed. In stunt work, it is not about preventing a fall but minimising the risk of an injury.”

This prosecution was brought by HSE enforcement lawyer Rebecca Schwartz and supported by HSE paralegal officer Gabrielle O’Sullivan.

Sentencing, district judge Talwinder Buttar stated Mr Watts is fortunate to be alive and added that she was astonished that the crash matting was not adequate.

This is valid as of 6th December 2023.

(Canada) Two mining companies have been fined a combined $430,000 following a fatal workplace incident at the Lac des Iles Mine in Northwestern Ontario.

Impala Canada Ltd. was fined $300,000 and SCR Mines Technology (2013) Inc. was fined $130,000 after both companies pleaded guilty to failing to conduct an appropriate risk assessment.

The incident happened on 27 May 2020, when a worker was overwhelmed by blasted ore saturated with concrete and water that breached protective barriers at the base of a mining shaft used for ore and mining waste transfer.

A series of events led up to the incident. Impala Canada Ltd. had identified deterioration in an ore pass, a vertical underground opening used for ore transportation within the mine. The company hired SCR Mines Technology to repair the ore pass. SCR’s rehabilitation process involved scaling the walls, installing ground support, and shotcreting the ore pass walls in six-foot vertical sections.

Both companies failed to conduct a risk assessment that considered the location and placement of personnel during muck drawdown activities, which could pose a danger to workers. This failure violated section 25(1)(c) of the Occupational Health and Safety Act.

Canadian Occupational Safety | This is valid as of 29th November 2023.

A landlord and a property management company were found guilty earlier this month of putting tenants at risk, following a council investigation and prosecution.

Officers at the Royal Borough of Kensington and Chelsea made a dawn raid at the 22-bedroom house of multiple occupation (HMO) in Hyde Park Gate in 2021, where they found multiple fire and damp risks.

Following a complaint from a tenant back in 2020, the Council begun an investigation which would uncover the landlord was unlicensed to operate the 22-bedroom house-share style property. Despite repeated warnings, the landlord did not apply for a licence and the Council eventually visited with the Met Police and London Fire Brigade.

Officers found:

•   Defective and damaged fire doors.

•   Inadequate fire separation between bedrooms and protection in the boiler room or lobby.

•   Covered fire alarms.

•   Burnt out and loose electrical sockets.

Tenants were also cooking in their room using camping-style facilities without proper kitchen facilities. There was rising damp and mould growth throughout the property and single glazed windows with rotten frames, draughts and broken sashes. The inside of the property was so damp that mushrooms were growing in upper floors.

Blackstone Properties Management Limited and director of the company, Mr Mohamed Ali Rasool, were fined a total of £480,000 plus costs at Westminster Magistrate Court earlier this month.

This is valid as of 27th November 2023.

[Australia] An industrial component manufacturer and its director have been convicted and fined a total of $2.24 million and the director placed on a five-year Community Corrections Order after an apprentice was seriously injured in Gippsland.

An industrial component manufacturer and its director have been convicted and fined a total of $2.24 million and the director placed on a five-year Community Corrections Order after an apprentice was seriously injured in Gippsland.

Dennis Jones Engineering Pty Ltd and sole director Dennis Jones were sentenced in the Melbourne County Court after earlier pleading guilty to a single charge each under the Occupational Health and Safety Act.

The company was convicted and fined a record $2.1 million for recklessly engaging in conduct that placed a person in danger of serious injury.

Jones was convicted and fined $140,000 for failing to provide or maintain safe systems of work by failing to take reasonable care as an officer of the company. He was also ordered to complete a Community Corrections Order of five years duration with a condition to complete 600 hours of unpaid community work.

A WorkSafe investigation found Jones should have been aware of the risk and that it was reasonably practicable to ensure that covers were fixed to the lathe to prevent pipes that protruded from being threaded, or that a fixed steady was used to support such pipes and an exclusion zone used to restrict access to the danger area near the pipe.

WorkSafe Executive Director of Health and Safety Narelle Beer said overhanging work pieces were a well-known safety risk when using lathes: “It is incredibly frustrating that this employer had several control measures to eliminate or reduce the risk available but simply chose not to use them.

“The significant penalties for this company and director reflect the life-altering impact this devastating incident has had on a vulnerable apprentice who was at the very start of his career.”

This is valid as of 21st November 2023.

Operators of a quarry near Stevenage have been given prison sentences after storing and burying enough illegal waste to fill the Royal Albert Hall nearly three times over.

The Environment Agency prosecuted former teacher Liam Winters and his brother, Mark Winters, both from Warwickshire, for the unlawful disposal of large quantities of household and business waste at Codicote Quarry, off the A1, for almost three years.

Liam Winters was handed a 17-month prison term by St Albans crown court, while Mark Winters, with links to the Republic of Ireland, was sentenced to 12 months inside, suspended for two years. The court also banned the brothers as company directors for eight years.

Judge Caroline Wigin heard Codicote Quarry had a permit to treat and store a small amount of soil waste but not hold it in huge quantities. The quarry went beyond what was authorised by the Environment Agency.

The suspect material was predominately household, commercial and industrial waste, but also electrical items, car parts, furniture, food packaging, wood and metal. In all, at least 200,000 cubic metres of banned and potentially harmful material.

The men, directors of Codicote Quarry Ltd, showed a flagrant disregard for the law and the effect of their business on the environment.

The illegal disposal means the site will need monitoring for many years to minimise the risk of polluting the River Mimram and groundwater sources as the quarry was not set up for landfill.

Officers from the Environment Agency questioned the brothers in 2017 about the amount of waste the quarry was holding.

With support from Hertfordshire County Council, countless on-site checks followed to get the operators to comply with the law, but the waste piles grew and began to decompose.

As well as mountains of waste, the pair were also burying it, more than 12 metres deep in places, under a layer of chalk. By November 2017, with the quarry holding so much illegal and contaminated waste, the Environment Agency suspended the site’s permit.

Officers later issued two notices aimed at getting the waste removed, but the men appeared to show no regard for authority and none of it was taken away, as required by the Environment Agency.

Liam Winters’ prison sentence also relates to illegal waste storage at two more locations in Hertfordshire.

The 46-year-old, of High Street, Hillmorton, Rugby, and a third man, Nicholas Bramwell, admitted allowing plastic, wood, metal, packaging, and soil to be buried illegally.

The waste at Anstey Quarry, near Royston, reached 20 metres into the sky, as high as five buses on top of each other, while material at Nuthampstead shooting ground was hidden under a landscaped area.

Bramwell, now 44, of Shepherds Close, Royston, was fined £1,450 in June last year and ordered to pay £8,000 towards the Environment Agency’s costs and a victim surcharge of £120.

Mark Winters, 49, latterly of Oxford Street, Rugby, but living at Bangor Erris in County Mayo when he surrendered, will also have to carry out 200 hours of unpaid work.

At separate hearings in February this year, the brothers admitted four identical charges amounting to allowing or being involved in accepting waste and storing it at Codicote Quarry between January 2015 and November 2017. This was either outside the conditions of the site’s Environment Agency’s permit, or with no permit at all. They were also charged for ignoring the suspension notice to stop operations.

The Environment Agency prosecuted the pair under the Environmental Permitting (England and Wales) Regulations 2016 and the Environmental Protection Act 1990.

At the hearing on 20 October, it was decided that any award of costs or a confiscation order against the men and Codicote Quarry Ltd will be considered at a later date.

This is valid as of 21st November 2023.