Author: Peacock Carter

A beach and harbour in Fife have been closed off as a precaution following a suspected oil spill. This was after residents reported a strong smell of oil, and pockets of pollution were seen on the shoreline near the Limekilns / Charlestown area .

An operation is now underway to remove polluted parts of Limekilns beach and the area adjacent to the harbour.

On commenting on the incident, Lisa McCann, Service Manager – Environmental Health at Fife Council said: “Environmental Health are members of the Incident Management Team which involves all relevant Fife Council Services and partner agencies. Officers from Environmental Health took immediate steps following notification of the incident to protect public health, and continue to support the work of the Incident Management Team.

The clean-up plan of action is being implemented, with the most contaminated areas being remedied first. A specialist firm is in the process of removing and disposing of approximately 500 tonnes of contaminated material from the area. We are working closely with all partners, including SEPA, which is undertaking sample testing.”

Another spokeswoman for Fife Council said: “Progress is being made to clear contaminated seaweed and clean up the coastline around Limekilns and Charlestown following an oil based spill in the area.

“Samples are currently being tested by Sepa and investigations into the source of the pollution are ongoing.

“The affected areas remain closed to the public. ”

Environmental Health Officers and SEPA have been at the beaches trying to trace the source of the spill. SEPA said early indications pointed to an isolated incident which is not ongoing.

Environmental Health have erected warning signs at the beach area stating the area has been contaminated by an unknown pollutant and to avoid contact with the beach, not to take anything home from the beach, to consumer any fish/shellfish from the shore and also to wash hands and foot wear.

Forth Ports, which owns the nearby port of Rosyth, said the spill appears to be a light refined diesel. The firm also said its investigations on the scene suggest the spill came from a drain on the land. The suspected oil spill has been seen in the Firth of Forth and on the beaches.

A spokesman for Forth Ports said: “We are currently investigating a reported small oil spill on the beach at Limekilns. It appears to be a light refined diesel.

“On receiving the initial report, Forth Ports immediately sent a pollution response vessel to the area to investigate and nothing was found on the water.

“Subsequent investigations from our on scene response suggest spill has come from a drain on the land. We are working with SEPA and Fife Council on this.”

Dunfermline and West Fife SNP MSP Shirley-Anne Somerville said: “This incident is very concerning. Urgent action is needed to ensure that lasting damage isn’t caused to local wildlife and the surrounding environment.

“I’ve contacted SEPA, in order to find out more about the source of this pollution, and the steps that are being taken to address the matter.”

“This will be especially disappointing to the Charlestown, Limekilns and Pattiesmuir nature conservation group, who have been working incredibly hard to clean up local beaches in recent months.”

The European Aviation Environmental Report 2019, published jointly by European Aviation Safety Agency (EASA), the European Environment Agency (EEA) and EUROCONTROL, provides an updated assessment of the environmental performance of the aviation sector in Europe.

The report states that, while aviation has produced economic benefits, stimulated innovation and improved connectivity within Europe, the sector's growth has also increased its negative impacts on climate change, noise and air quality.

Key findings of the report show that the number of flights by 8% between 2014 and 2017, and are expected to grow by 42% from 2017 to 2040. There has been an increase in overall noise and emissions since 2014, despite technological improvements and fleet renewal.

In 2016, domestic aviation and international aviation were together accountable for 3.6% of the total EU28 greenhouse gas emissions and for 13.4% of the emissions from transport. By 2040, CO2 and Nitrogen Oxide (NOx) emissions from aviation are expected to increase by at least 21% and 16%, respectively.

The environmental efficiency of aviation continues to improve and, by 2040, further improvements are expected in average fuel burn per passenger kilometer flown (-12 %) and noise energy per flight (-24 %).

The EEA has previously analysed the environmental and climate impacts of aviation in its 2017 TERM report ‘Aviation and shipping — impacts on Europe's environment’.

A body modification artist, known as “Dr Evil” who carried out a number of extreme procedures at his studio in Wolverhampton, including ear and nipple removal and tongue-splitting, pleaded guilty to three counts of grievous bodily harm (GBH).

All procedures including the removal of a customer’s ear, a client’s nipple and splitting a customer’s tongue, were carried out without an anaesthetic.

Public protection officers at the City of Wolverhampton Council served a notice on a tattoo parlour owner preventing him from carrying out body modification under the Health and Safety at Work Act 1974. The tattoo parlour had been carrying out what were considered to be significant cosmetic procedures which should be carried out in a suitable medical facility.

An ear, nose and throat specialist, engaged by the City of Wolverhampton Council, advised that lack of medical training, an unsuitable operating environment, lack of specialist equipment, and working with untrained personnel at the tattoo parlour, meant that clients were at risk of severe bleeding, infection and life-changing complications.

A cabinet member for City of Wolverhampton Council called for the introduction of national legislation to protect members of the public against the risks of extreme body modification.

Councillor Steve Evans, Cabinet Member for City Environment at City of Wolverhampton Council said: “We have exposed a national issue which requires a national regulation to be introduced to protect members of the public against the risks of extreme body modification.

“Whilst I’m sure Mr McCarthy considers himself an artist, providing a service removing and cutting people’s body parts without adequate medical training from unsuitable retail premises, presents a risk to the public that we are not prepared to accept.

“McCarthy has been undertaking significant cosmetic practises which need to be carried out in a suitable medical facility and customers need to be psychologically vetted before the procedure.

“Cosmetic surgery requires a high level of legislation and we will be asking national government to address these extreme practises that are being increasingly requested by the public.”

McCarthy will be sentenced on Thursday 21 March, 2019 at Wolverhampton Crown Court.

Scotland’s Rural College (SRUC) and partners, in collaboration with public analysis laboratories, will conduct a comprehensive survey of the microbiological pathogens in minced beef across Scotland. The aim of this survey is to collect data on the microbiological quality of retail beef mince on sale in Scotland. 

In the first such survey of fresh beef mince at retail level in Scotland, the year-long project will study 1,000 samples from retail outlets across the country. 

Commissioned by Food Standards Scotland (FSS) and led by SRUC, the survey aims to generate baseline data on the prevalence of pathogens and hygiene indicator organisms in mince beef on retail sale. It is also hoped to identify any possible patterns in the variation (such as seasonal or geographical patterns) in order to identify any risk factors associated with microbiological contamination.

This will be done by undertaking comprehensive survey of the microbiological pathogens STEC (Shiga toxin-producing E. coli), Campylobacter, Salmonella and hygiene indicator organisms (generic E. coli and aerobic colony counts) in minced beef. All of the pathogens detected and a subset of 100 isolates of generic E. coliwill be tested for antimicrobial resistance (AMR).

Led by scientists from SRUC’s Epidemiology Research Unit in Inverness, the survey will involve three Scientific Services Laboratories, two Scottish Microbiological Reference Laboratories as well as input from the Food-Borne Pathogens Group at the University of Aberdeen.

The sampling programme will take place between January and December 2019, with a report due to be published next year. The project will study 1,000 mince samples from retail outlets across Scotland. 

The Scottish Government is gathering information and views on the use and regulation of fireworks in Scotland. They are seeking views on experiences and what the public think about the way fireworks are currently used.

Fireworks are traditionally associated with festivities which celebrate events that are important to different communities across Scotland. Fireworks can bring colour and excitement to the special occasions that are important to us.

However, fireworks are potentially dangerous and need to be used safely and handled with care to avoid serious injury. For some, the noise made by setting off fireworks can be a nuisance, and the disturbance can cause distress to both people and animals.

While much of the current legislation on fireworks is reserved to Westminster the consultation aims to help identify gaps, issues or unintended consequences with the current regulatory framework. The Scottish Government want to hear any views of the public on whether the regulations on how fireworks are used needs to be improved.

The Scottish Government are hosting a series of engagement events on the Consultation on Fireworks, where individuals, communities and professionals are invited to come along to give their views.

Events will provide an opportunity to explore and discuss the use and impact – both positive and negative – of fireworks use in Scotland.  This is an excellent opportunity for those with an interest in discussing views and ideas on what action can be taken to ensure fireworks continue to be enjoyed safely and responsible.

The consultation closed on 13 May 2019 and can be accessed here.

High levels of a toxic chemical have been detected in Glasgow waterway, turning the burn bright green, are to be flushed into the River Clyde.

Officers from the Scottish Environment Protection Agency (SEPA) have sealed off the Polmadie burn, which runs through Richmond Park in the south of the city, after tests revealed high concentrations of hexavalent chromium in the water.

Local residents had raised the alarm after noticing the water had become "luminous green" in late January.

Decontamination has been ongoing in the area for years to rid it of potentially hazardous industrial chromium left behind in the ground by the former J&J White's Chemical Works, which closed in 1967.

Exposure to hexavalent chromium is known increase the risk of lung cancer, asthma, kidney and liver problems and irritates skin and eyes.

Temporary 'Heras' metal fencing has now been erected around the burn following warnings from environmental health officers that the site posed a potential risk to public health.

The J&J White's Chemical Works operated in Rutherglen from 1820 until 1967. Much of the waste by-products in form of Chromite Ore Processing Residue were used to back fill the former clay pits, near the West Burn in Shawfield, resulting in a legacy of contamination.

Investigations established that the Polmadie Burn was becoming contaminated with chromium flowing into it from the nearby West Burn Culvert Diversion, which is routed underground and passes through the site of some of these former backfilled clay pits.

To deal with the problem, a decision was taken and work carried out on 21 January to divert the culverted West Burn. The diversion redirected a significant proportion of the contaminated water which used to flow into the Polmadie Burn away, carrying it straight into the River Clyde instead where it is diluted enough not to pose a public health risk.

However, SEPA believe that the current contamination of the Polmadie Burn has occurred because the time of the West Burn diversion coincided with a dry period, meaning the residual water which flowed into the Polmadie Burn had higher than normal concentrations of chromium in it.

In addition, groundwater from the abandoned culvert also continues to leak into the Polmadie Burn until the culvert is fully sealed up, which is expected to take another two weeks to complete.

A proposal to allow more water to flow into the Polmadie Burn to dilute the chemicals has been agreed following a meeting between Glasgow City Council, SEPA and Clyde Gateway. The flushing process requires a licence from SEPA and must be done in a controlled manner. The water will eventually flow into the River Clyde.

A spokeswoman for Glasgow City Council said: “Following a site visit last week and confirmation about the temporary high concentration of hexavalent chromium in the Polmadie Burn, Heras fencing has been put in place to restrict public access and there is an agreed proposal to temporarily increase the flow of the burn, in a controlled way, to dilute the level of chromium.”

"[SEPA] expect that the majority of the chromium that used to get into the Polmadie Burn has now stopped, but until the abandoned West Burn culvert is fully sealed, some contamination from the groundwater may continue to get there, but in much smaller volumes than before.

"The reduced dilution in the Polmadie Burn is making the contamination look more concentrated, so for now it looks worse (greener). Once the abandoned culvert is fully sealed, and is no longer acting as a pathway, SEPA expect to see the colour gradually disappear and that heavy rainfall would speed this up considerably."

What is hexavalent chromium?

Hexavelent chromium is a heavy metal with a number of uses across industries including textile dyes, paints and plastics.

While metallic chromium is inert and safe, in certain chemical compounds chromium forms ions with a plus-six positive charge. If this hexavalent form of chromium then gets into the body – eaten, or dissolved in water, or vaporised by a welding torch and then inhaled – it can cause cancer.

It was restricted from use in electronics manufacturing in EU countries in 2003 under the Restriction of Hazardous Substances Directive.

It was listed alongside nine other elements including lead and mercury.

The UK food industry has threatened to suspend it cooperation with government policy consultations, until the "catastrophic impact" of a no-deal Brexit is resolved. 

The warning came in a letter to Environment Secretary Michael Gove from the heads of more than 30 trade associations, in which they argue that their focus on mitigating the potential consequences of a hard Brexit means they have insufficient resources to address other policy issues.

The letter, which has been signed by the heads of organisations including the Food and Drink Federation, National Farmers' Union and UK Hospitality, urges the government to halt the publication of proposals on range of current and planned industry consultations such as those relating additional curbs on the advertising of sugary foods until the Brexit uncertainty is over.

The food industry executives said the focus on Brexit meant that "at this moment of potential crisis for our industry, it cannot be 'business as usual' within government".

"Neither we nor our members have the physical resources nor organisational bandwidth to engage with and properly respond to non-Brexit related policy consultations or initiatives at this time.

"Government has recruited many extra staff; we cannot."

They demand that Mr Gove and his colleagues suspend "current and planned consultations that will impact food and drink… until this uncertainty is over".

"If government seeks to press ahead with these consultations it will be seen by some as a sign of bad faith and many organisations may decline to respond," it warned.

The letter underlines the sense of frustration in the private sector

"Businesses throughout the UK food chain – and their trade associations – are now totally focused on working to mitigate the catastrophic impact of a no-deal Brexit," says the letter, which was sent last Friday.

"Large amounts of time, money, people and effort are being diverted to that end."

Among the expected consultations that food and drink sector bosses want to be delayed, and referred to in the letter, are a deposit return scheme for England and Wales; a consistent national recycling collection service; proposals for a tax on plastic items with less than 30% recycled content; and a national action plan on the sustainable use of pesticides.

The letter, first reported by Sky, highlights food industry chiefs' anger about the continued lack of clarity over the terms of the UK's departure from the EU.

The government said leaving the EU with a deal remained its "top priority".

"We are meeting weekly with representatives from our food and drink industry to help prepare for all scenarios," said a spokesperson for the Department for Environment, Food and Rural Affairs.

The full list of signatories to the latest plea to the Environment Secretary also comprises the heads of the Agricultural Industries Confederation; Association of Bakery Ingredient Manufacturers; Association of Cereal Food Manufacturers; Association of Labour Providers; British Coffee Association; British Food Importers and Distributors Association; British Frozen Food Federation; British Growers Association; British Meat Processors Association; British Poultry Association; British Specialist Nutrition Association; Council for Responsible Nutrition UK; Dairy UK; Federation of Bakers; Federation of Wholesale Distributors; Fresh Produce Consortium; Food and Drink Federation Scotland; Food and Drink Wales Industry Board; Health Food Manufacturers' Association; International Meat Trade Association; National Association of Cider Manufacturers; Northern Ireland Food and Drink Association; Packaging Federation; Potato Processors Association; Provision Trade Federation; Scotland Food and Drink; Seasoning and Spice Association; UK Flavour Association; and the UK Tea & Infusions Association.

The tolerable standard has been amended and a house now only meets the standard if it complies with the relevant requirements in relation to satisfactory smoke and heat alarms and satisfactory carbon monoxide (CO) alarms.

The standard has been amended by the Housing (Scotland) Act 1987 (Tolerable Standard) (Extension of Criterion) Order 2019 and now includes two new element covering smoke and heat alarms and CO alarms. 

For the first time, assessors will consider the presence, type and condition of smoke and heat alarms in a house when deciding if the house meets the tolerable standard. Assessors will also consider the presence, type and condition of CO alarms in a house when deciding if the house meets the tolerable standard. These criteria, which already formed part of the repairing standard, now apply to all houses.

The introduction of smoke and heat alarms in the tolerable standard is in recognition of the danger fire poses to the occupants of a house, and is intended to reduce the risk of loss of life, injury and damage to property in the event of fire. 

Now in order to meet the tolerable standard a house will need one smoke alarm installed in the following areas: the room most frequently used for general daytime living, i.e. hall, in every circulation space such as a hall and in every kitchen. The smoke and heat alarm require to be ceiling mounted and also interlinked. The alarms can be battery powered but require to be tamperproof long-life lithium battery. 

The introduction of CO alarms in the tolerable standard is in recognition of the danger posed to the occupants of a house by CO in concentrations hazardous to health, and the vital role early detection and warning in buildings can play in the protection and safety of the occupants. 

Now in order to meet the tolerable standard a house requires CO detectors to be fitted in all rooms where there is a fixed combustion appliance (excluding an appliance used solely for cooking) or a flue. 

The Scottish Government have produced guidance which aims to provide the information and advice needed to carry out an assessment and can be accessed here. 

A no-deal Brexit threatens the UK's food security and will lead to higher prices and empty shelves in the short-term, retailers are warning.

UK retailers' industry group the British Retail Consortium has written to MPs with the warning, saying that the food retail sector's complex just-in-time supply chain will be significantly disrupted in the event of no deal.

The letter was co-signed by several of the major UK food retailers, including the chief executives of Marks & Spencer, Waitrose, Sainsbury, Asda and Morrisons.

It said: "Even if the UK government does not undertake checks on products at the border, there will still be major disruption at Calais as the French government has said it will enforce sanitary and customs checks on exports from the EU, which will lead to long delays.

"For consumers, this will reduce the availability and shelf life of many products in our stores.”

"We are extremely concerned that our customers will be among the first to experience the realities of a no deal Brexit," the letter says.

The letter uses the government's own projection that freight through Calais may fall 87% from current levels, threatening the availability and shelf life of many products.

It expresses worry over tariffs, with only 10% of the UK's food imports currently subject to World Trade Organisation (WTO) rules.

The retailers are warning that if the UK reverts to WTO rules, following departure from the European Union in March, the tariffs would "greatly increase import costs that would in turn put upward pressure on food prices".

The letter spells out the UK's food relationship with Europe, with nearly one third of the food in the UK coming from the EU.

"In March, the situation becomes more acute as UK produce is out of season," the letter says.

The letter points out that at that time of year, 90% of lettuces, 80% of tomatoes and 70% of soft fruit sold in the UK is grown in the EU.

"As this produce is fresh and perishable, it needs to be moved quickly from farms to our stores," the retailers say.

Their letter says that stockpiling fresh food is impossible and that the complex, just-in-time supply chain through which food is imported into the UK will be "significantly disrupted" in the event of a no-deal Brexit.

It adds it is difficult to stockpile any more produce as "all frozen and chilled storage is already been used".

"While we have been working closely with our suppliers on contingency plans, it is not possible to mitigate all the risks to our supply chains and we fear significant disruption as a result if there is no Brexit deal," the retailers say in the letter to MPs.

The retailers say that while they are looking for alternate supply routes, there are limited options and not enough ferries.

A spokesperson for the Department for Environment, Food and Rural Affairs said: "The UK has a high level of food security built upon a diverse range of sources including strong domestic production and imports from other countries. This will continue to be the case whether we leave the EU with or without a deal."

They added the government had "well established" ways of working with the food industry to prevent disruption.

New allergen rules have been proposed, including listing all ingredients and allergens on foods which are prepacked for direct sale.

Food Standards Scotland, Food Standards Agency and the Department for Health and Social Care have launched a consultation on amending allergen information provisions contained within domestic food information legislation for food prepacked for direct sale

The nine- week public consultation puts forward four options on how to improve the provision of allergen information for food sold prepacked for direct sale. 

The following options have been identified as:

·      mandating full ingredient list labelling

·      mandating allergen-only labelling on food packaging

·      mandating ‘ask the staff’ labels on all products, with supporting information for consumers available in writing

·      promoting best practice around communicating allergen information to consumers

The definition of prepacked for direct sale is not in scope for the consultation. However, the rules would apply to all foods packed on the same premises from which they are being sold, before they are offered for sale. This would include those made onsite, before being placed on a shelf for sale.

The consultation follows the tragic death of Natasha Ednan-Laperouse, the teenager who died after suffering an allergic reaction to a Pret a Manger baguette in 2016. The dough in the baguette contained sesame, to which she was allergic. The coroner at her inquest repored that Pret’s allergy labelling had been “inadequate”.

Environment Secretary Michael Gove said:

Natasha’s parents have suffered a terrible loss, and I want to pay tribute to Nadim and Tanya for their inspirational work to deliver Natasha’s law.

We want to ensure that labels are clearer and that the rules for businesses are more consistent – so that allergy sufferers in this country can have confidence in the safety of their food.

Many businesses are already bringing changes on board independently, and in the meantime they should continue doing all they can to give consumers the information they need.

The consultation can be found here, the consultation ends 29 March 2019.

A construction company has been fined £600,000 over the death of a workman who was struck by a dump truck.

Vincent Ramsay, 55, was killed at a former tram depot in Leith, Edinburgh in 2016, when a dumper truck ran over him at the bottom of a dirt ramp leading into an underground car park.

The father-of four had been crouching down to spray markings when he was hit.

London-based Allenbuild Ltd plead guilty to health and safety offences at Edinburgh Sheriff Court and on 1 February 2019 were fined.

Sheriff Norman McFadyen said the purpose of the £600,000 fine was to bring home to both management and shareholders the need to comply with health and safety legislation.

He said: “It is not to put a value on a human life and that is not what the court is doing. It is punishing the company”.

The incident took place at a former bus and tram depot in Leith known as Shrubhill.
Allenbuild Ltd had been developing the site for housing and the accident occurred at the bottom of a dirt ramp leading to an underground car park.

The court heard that the truck, which was carrying excavated earth, had stopped to allow other vehicles to manoeuvre. But due to restricted visibility caused by the skip and its load, the driver then ran over Mr Ramsay when he moved off.

Sheriff McFadyen said the company should have recognised there were instances where site personnel had to access the underground car park on or near routes used by vehicles.

He said the firm should have taken to measures to ensure that they were not at risk of being struck and ensured work in that area was better scheduled.

He accepted that the company had been in business for more than 70 years, had no previous convictions and had pleaded guilty at the earliest opportunity. This led to him slightly reducing the size of the fine.

He concluded by expressing his own condolences and sympathy to Mr Ramsay’s family.

At Glasgow Sheriff Court, Topshop owners, Arcadia Group Ltd have been fined £450,000 after pleading guilty to a single charge under the Health and Safety Work Act 1974.

This was following a health and safety investigation by Environmental Health at Glasgow City Council into an injury of a 10-year- old girl at a Topshop store when part of a barrier fell on her head on 7 February 2017.

The investigation found that the company failed to ensure to ensure that a queue barrier was fixed to the floor or properly secured, between January 2016 and February 2017. Inquiries revealed that that barrier and a second that had been brought to the shop were both insecure and not attached to the floor properly and removed.

The schoolgirl was with her mother at Silverburn Shopping centre in Pollok, Glasgow, when a queue barrier she swung on landed on her. She was taken to the Royal Hospital for Children where she was found to have a skull fracture. This led to the girl, who is now aged 12, being hurt to her severe injury and permanent disfigurement.

The court heard the barriers were usually only used in “flagship stores” and the Silverburn shop was not in this category. They had been removed from the Argyle Street store in Glasgow city centre and moved to Silverburn at some stage between January and March 2016. But the court heard they had not been correctly installed.
Sheriff Paul Crozier described it as a “sad and serious incident”.

He said: “As a result of the company’s failings a 10-year-old suffered a severe injury and permanent disfigurement.”

However, he noted that the firm had “taken steps to make sure there is no repeat of that breach”.

The court heard that that the barrier – used to guide customers near the till area – was of a type usually used in “flagship” stores, and not ones such as Silverburn.

An Arcadia spokeswoman said: “The Arcadia Group remains saddened by the injury suffered by the young girl as a result of this incident and our thoughts are with her and her family.

“The health and safety of our customers and employees is of the utmost importance to us.
“The sheriff recognised that Arcadia has co-operated fully with Glasgow City Council and, at the first opportunity, pleaded guilty to a single charge brought under the Health and Safety at Work Act 1974.

“Arcadia accepts that its system for the transfer of fittings between stores was not as robust as it should have been and this led to an unsecured fixture being present in the Silverburn store.

“We apologise unreservedly for this.”

A similar incident occurred in a Topshop store in Reading a week after, when a 10 year old died after a display queue barrier fell on his head on 13 February 2017. However, following a police investigation, the Crown Prosecution Service (CPS) has decided there is “not a realistic prospect” of conviction.

Following the decision by the CPS, the investigation now transfers to Reading Borough Council to consider action in respect of any Health and Safety offences that may have occurred.