Occupational health recent formal enforcement
As part of ORR's strategy to raise awareness on occupational health under our health programme, we will publicise recent cases where formal enforcement action has been taken to secure legal compliance. We will continue to take enforcement action in a targeted and proportionate way where health risks are not being properly controlled, in line with health and safety legislation and our enforcement policy.
ORR enforcement notices on health risks
A prohibition notice and two improvement notices were served on Specialist Compliant Coatings Ltd for:
- their failure, so far as reasonably practicable, to provide effective measures to prevent or adequately control exposure to isocyanates released during paint spraying in the area of Morden depot being used for train refurbishment; and
- that employees and others were exposed to risks of respiratory sensitisation from isocyanates because:
- of failure to ensure that exposure to respirable components within isocyanate-containing paints, is either prevented, or where this is not reasonably practicable, adequately controlled
- no information from commissioning of your paint spraying enclosures, or from thorough examination and tests of those enclosures to reliably demonstrate that these enclosures provide effective containment of isocyanate-containing paints; and
- existing enclosures have not been maintained in an efficient state, in efficient working order and in good repair.
Good cooperation from Safety Specialist Coatings Ltd resulted in full compliance with the notices in the agreed timescales and a high standard of protection being achieved.
Two improvement notices were also issued to Network Rail Infrastructure Ltd for the failure to adequately manage asbestos–containing materials at Euston Station when it became clear that a full asbestos survey had not been undertaken there was no asbestos management plan in place. Work to rectify this is under way at all Network Rail managed stations.
They were also served with a prohibition notice requiring them to prevent the lifting and carrying of troughing known as C143 by manual handling at any of their sites to stop the risks of musculoskeletal disorder.
An improvement notice was issued to Network Rail Infrastructure Ltd for there not being adequate washing facilities in the vicinity of the portable toilet at the Carlisle Kingmoor LDC.
In the past few years, we have issued enforcement notices on health in a number of areas. They include failure to control risks from the manual handling of heavy materials, risks of working with paint containing an isocyanate, failure to find out whether asbestos was present in premises and that those liable to be exposed to asbestos had not been given sufficient information, instruction and training on asbestos.
Further notices were also issued for insufficient assessment of the risks of carrying out the manual cleaning of train under frames in March 2010 and risks created by cutting rails in December 2011.