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Dust to dust

2nd August 2012, Page 18
2nd August 2012
Page 18
Page 19
Page 18, 2nd August 2012 — Dust to dust
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Which of the following most accurately describes the problem?

Haulage companies that transport woodchip products need to be aware of the legal consequences of allowing dust to escape from their operating centres

Words: Roger Brown In a recent prosecution brought by the Environment Agency (EA), Larner Pallets (Recycling) was ined £3,000 after it allowed wood dust caused by trucks being loaded with woodchip to escape from one of its yards.

Wellingborough Magistrates’ Court was told businesses close to the wood recycling company’s facility on an industrial estate in the town complained that the dust was so heavy it “looked like snow coming down”.

An EA oficer had seen dust billowing in the air as a lorry was loaded with woodchip. Larner Pallets (Recycling) admitted to breaches of the Environmental Protection Act 1990 between June 2010 and September 2011.

The case raised the question: what can irms carrying out this type of work do to minimise the risk of prosecution?

There are two main factors for transport companies involved in such activity to bear in mind: one is the health, safety and welfare of employees governed by the Health and Safety at Work Act 1974; the other is the pollution aspect, covered by the Environmental Protection Act 1990.

Laura Hadzik, solicitor at Manchester-based JMW, says haulage companies must always act on advice provided by either the local authority, the Health and Safety Executive (HSE) or the EA at the earliest opportunity. “The initial step is for advice and guidance to be provided to the haulage company by either the local authority, HSE or the EA as to how to avoid causing dust pollution and the measures that it can implement in this regard,” she says. “The haulage company will then be provided with an opportunity to take the necessary steps to implement any such preventative measures.

“I believe that most haulage companies will take advantage of this opportunity and that will then be the end of the matter.”

Specialist work

In the Larner Pallets case, the court was told that two neighbouring businesses carrying out specialist work on classic cars worth hundreds of thousands of pounds became concerned about dust loating towards their premises.

Dominic Graham, health and safety consultant at DWF solicitors, says prosecutions are unlikely to be brought on the strength of a single incident involving dust pollution.

“The operator of the site where the substances are stored and handled will need to take measures to minimise levels to protect their employees and others who may be affected by their operations, such as thirdparty hauliers and visitors,” he says.

“The loading and unloading of vehicles with substances such as woodchip, aggregates and sand, which aren’t generally loaded in sealed systems – as liquids and powders are – but are either loaded from hoppers or tipped into the vehicle using a wheeled loading shovel, is recognised as an operation that is likely to create signiicant amounts of dust and, consequently, is more dificult to control.” Dust escaping from haulage yards also has the potential to cause sneezing, as well as pain and irritation to eyes, for people who come into contact with it.

According to Anton Balkitis, solicitor at Nottinghambased Rothera Dowson, preventing dust pollution is all about implementing good practices and procedures.

“It is a legal obligation that small businesses carry out a risk assessment,” he explains. “This will identify and, more importantly, address all risks that have the potential to cause harm in the workplace. If any risks are identiied, it is important that all staff are informed and given full training on how to deal with it.” Andrew Woolfall, director at Backhouse Jones, advises that, wherever possible, the loading and unloading of woodchip products should be conducted indoors in a controlled environment.

He says: “Where this is not possible, proper monitoring of all activities should take place and measures should be available to minimise any environmental impact.” In the Larner Pallets case, the company indicated that it would construct a building to carry out dusty jobs in future and arrange for a high netting fence to be put up at its yard.

Graham concludes: “Like any business, hauliers need to have in place a robust system for managing health, safety and environmental matters, backed up by an audit trail that will demonstrate the organisation’s commitment.” n

Controlling dust

To control the dust at source, collective measures need to be considered first: • Enclose the operation or operations with the highest potential to create dust; • Install dust suppression systems, which emit a fine water spray – enough to dampen down the particles but not enough to wet the product (however, be aware of secondary issues associated with suppression systems such as legionella); • Install dust extraction and capture systems. It is possible that given the normal scale of such operations, this might not prove efficient enough to provide effective control; • Minimise the number of times substances need to be handled in order to reduce activities that generate dust; • Minimise drop heights when loading and unloading material, and protect it from exposure to wind where possible; • When transporting, ensure that loads are sheeted adequately, that sheets are in good condition and that sheeting is secured properly before leaving the yard.

DUST MANAGEMENT PLAN

To demonstrate due diligence operators might be advised to draw up and implement a dust management plan, setting out how dust emissions can be minimised, how concentrations can be monitored, and how any related issues such as complaints or failures in the system can be dealt with satisfactorily.

• Identify – the plan needs to identify and assess key operations likely to create excessive quantities of dust (sources) and its effect on the surrounding area (receptors); • Control – a haulier can detail the methods by which it intends to control emissions from its site and vehicles, including maintenance regimes, physical barriers and controls; • Monitor – regular measurements and checks to ensure that levels are being maintained in accordance with targets; • Manage – appropriate training for employees, communication and coordination of activities within the plan; • Review – system and procedural reviews after a change in operations, post-incident, upon receiving a complaint, or at least annually; • Report – communicate performance to stakeholders such as site team members, management, regulators and the local community.

Legislation

Environmental Protection Act 1990 Health and Safety at Work Act 1974 Control of Substances Hazardous to Health Regulations 2002 Dangerous Substances and Explosive Atmosphere Regulations 2002


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