Author: Sarah Groom

A Glasgow-based outdoor activity company has been sentenced for health and safety failings which led to the tragic death of a 12-year-old boy on the River Tay.

Outdoor Pursuits Scotland Ltd pled guilty to a breach of health and safety legislation at Perth Sheriff Court on 21 October 2024 and were fined £10,000.

The company’s failings led to the death of Kayden Walker after he was separated from his board during a river boogie boarding session on the River Tay, near the village of Stanley, Perthshire on 28 July 2019. 

Kayden, from Bridgeton, Glasgow drowned after becoming trapped on the upstream side of a weir while on a day trip with the Church House community group.  

Kayden, whose activity consent form stated that he was unable to swim ten metres without the assistance of a flotation device, was the last child to go over the weir between two Church House employees. All Outdoor Pursuit Scotland’s instructors were below the weir at that time. 

The community group employees turned to face upstream after negotiating the weir but were unable to see Kayden whose board had resurfaced near them. 

A company instructor, realising that something was wrong, went to the top of the weir and reached into the water where he had last seen Kayden.  

He found Kayden an arm’s length underwater and attempted to pull him out, but the water was too powerful and prevented him doing so.  

After around three and a half minutes he eventually managed to free him. The force of the water carried Kayden down the weir where the company’s director caught him and immediately started to perform CPR. Adults within the group of 17 contacted the emergency services.  

A Scottish Ambulance Service helicopter flew Kayden to Ninewells Hospital, Dundee. He was then transferred to the Royal Hospital for Children at Glasgow where he died the following day, 29 July 2019.  

An investigation by Perth and Kinross Council found that the company’s risk assessment for river boarding did not have adequate health and safety control measures in place. 

Further investigation by the Crown included taking opinion from a water activities expert.  

The expert’s view was that the company should have always had one instructor directly below and one instructor in a kayak above the weir until all the group members had successfully negotiated the rapid. 

Debbie Carroll, who leads on health and safety investigations for the Crown Office and Procurator Fiscal Service (COPFS) said: 

“Kayden Walker was a happy, friendly, and much-loved child who enjoyed helping younger children within his church group.  

“The measures Outdoor Pursuits Scotland Ltd had in place were insufficient to ensure, so far as was reasonably practicable, the health and safety of participants, and in particular non-swimmer Kayden Walker. 

“Kayden’s tragic death could have been prevented had the company ensured a safe system of work was in place to allow participants to safely negotiate the weir. 

“This should serve as a warning to others who run outdoor and water activity business. A failure to manage the risk in such ventures can have devastating consequences. 

“My thoughts are with Kayden’s family and friends at this difficult time.” 

The Scottish Government has published an independent analysis of the responses to the consultation on the national Good Food Nation plan. The report presents the findings from the public consultation and explains the methodology that was used to analyse the responses.

The Good Food Nation Team have been using the responses to the consultation to help inform the national Good Food Nation Plan, including amending the draft to reflect the feedback received in the consultation. The amended draft will be laid before the Scottish Parliament for their consideration and comment. This will be accompanied by a statement outlining the steps taken to consult, and how the responses have been considered. The Scottish Parliament will have an opportunity to consider and comment on the draft Plan before final publication.  

The Good Food Nation (Scotland) Act 2022 places duties on Scottish Ministers to produce a national Good Food Nation (GFN) Plan of their policies in relation to food. This first draft national Plan represents how the Scottish Government (SG) intends to use the powers and levers it has to work collectively with people, communities, businesses, agencies and organisations to meet GFN ambitions. These plans will also have to set out the main Outcomes to be achieved in relation to food-related issues, the policies needed to do this and the measures that will be used to assess progress.

Further information on the consultation analysis is available online here.

The 2023 Annual Reports for Private Water Supplies has been published by Scotland’s Drinking Water Quality Regulator.

In 2023, the data provided to the DWQR by local authorities showed that there are 23,034 private supplies in Scotland, with an increase of 205 from 22,829 supplies reported during 2022. This data shows that around 3.5% of the Scottish population rely on a private water supply. However this figure is an underestimate of the population served, as it does not include the large number of visitors to commercial premises including tourists; employees; and consumers of products supplied by food premises.

The majority of PWS are located in rural areas, though some are located in areas where there is a public supply of water available. Highland Council has the most Regulated supplies, and Aberdeenshire has by far the largest number of PWS overall.

The information provided by local authorities for this report shows that compliance by both local authorities and PWS owners and users must get better. This will involve a greater emphasis by owners and users of PWS to maintain and improve their supplies; and for local authorities to prioritise PWS sampling and risk assessment to protect public health.

Recent legislation to licence short term let properties in Scotland has led to a rise in Regulated supplies across the country, and local authorities are progressing in processing this increase in supplies based on public health need. The increase in PWS reported in 2023 is partly due to the registration of these properties. This makes year-on-year comparisons difficult as the amount of supplies does not remain static.

Compliance with the requirement to sample all Regulated supplies annually has decreased across Scotland from 66% in 2022 to 65% in 2023. A notable drop in performance was observed in the Argyll and Bute Council area, where compliance dropped from 96% to 59% (although their Regulated supplies have increased from 522 to 764). Compliance from Perth and Kinross Council also fell from 72% in 2022 to 55%. Highland and Dumfries and Galloway Councils have both slightly increased their compliance, and Scottish Borders and Aberdeenshire Councils have been consistent with good compliance.

In 2023 the parameter with most failures was coliform bacteria, with 21.2% of samples failing this test. Coliform bacteria are present in soil and the environment, so these failures show the lack of effective treatment on many private water supplies. This demonstrates why it is important for local authorities to continue to risk assess and test supplies, and for owners and users to maintain their treatment.

Integrating Action on Air Quality & Climate Change: A Guide for Local Authorities been produced by the Institution of Environmental Sciences’ Environmental Policy Implementation Community (EPIC). It is intended to support local authorities and others to take more effective action on transport and the built environment, and deliver larger benefits and fewer unintended consequences for the climate, air quality and health.

It includes information on:

·       The importance of integrating air quality and climate change policy

·       How local authorities can develop an integrated approach

·       23 measures that local authorities can take on transport, built environment, waste and procurement, including specific actions, support mechanisms and case studies

The guidance has been compiled by expert EPIC members, many of whom play a leading role in formulating and implementing air quality and climate change policy locally. It has been reviewed by numerous external experts from local government, academia, industry and NGOs, and is also published on Defra’s Air Quality Hub.

Integrating Action on Air Quality & Climate Change: A Guide for Local Authorities can be accessed here.

MSPs unanimously voted in the Scottish Parliament to approve the Scottish Government’s draft Environmental Protection (Single-use Vapes) (Scotland) Regulations 2024 which will enable Scotland to become the first of the four countries in the UK to officially ban disposable e-cigarettes.

Similar country-specific regulations are anticipated to be considered in the Senedd, Stormont and Westminster, with the aim of delivering a UK-wide ban of single-use vapes from 1 April 2025.

The draft legislation – which is open for consultation until 8 March – is being taken forward in Scotland using powers under the Environmental Protection Act 1990.

The age limit for buying tobacco would also change under UK government plans.

Separate legislation has been introduced by each nation on banning the sale and supply of single-use vapes.

Sheila Duffy, Chief Executive of health charity ASH Scotland, said: “We congratulate cross-party MSPs for taking leading action by voting unanimously to enable Scotland to become the first nation in the UK to ban health and environmental harming single-use vapes.

“With disposable recreational e-cigarettes, which are the product of choice for the majority of children who vape, containing high levels of addictive nicotine as well as toxic chemicals that have not been safety tested for inhalation, ASH Scotland welcomes the ban as a vital stride forward towards protecting both Scotland’s environment and the health of our young people now and future generations.”

Circular Economy Minister, Lorna Slater said the Scottish government was committed to reducing vaping among non-smokers and young people as well as tackling their environmental impact.

She said: “The public consultation [Creating a Smoke-free Generation and Tackling Youth Vaping] demonstrated that there is strong support for tougher action on vaping.

“From causing fires in waste facilities to more than 26 million disposable vapes being consumed and thrown away in Scotland in the past year, single-use vapes are a threat to our environment as well as to our public health.

“These proposed changes to the law demonstrate our absolute commitment to further improve the wellbeing of communities and protecting our beautiful natural environment.”

The Scottish government will also bring forward UK-wide plans to increase the age for purchasing tobacco, making it illegal for anyone born after 1 January 2009 to buy the product.

This will be brought forward through UK-wide legislation, with a legislative consent motion then needed in Scotland.

The minimum price per unit of alcohol will increased by 15 pence on 30 September .

MSPs previously voted to continue the public health measure which had been scheduled to end automatically on 30 April as part of a ‘sunset clause’ when Minimum Unit Pricing (MUP) legislation was introduced in 2018.

They also voted to introduce a price increase, with a rise to 65p per unit chosen as the Scottish Government seeks to increase the positive effects of the policy and to take account of inflation.

Research conducted by Public Health Scotland and the University of Glasgow estimated that MUP had reduced alcohol-attributable deaths by 13.4% – 156 a year – and was likely to have reduced hospital admissions wholly attributable to alcohol by 4.1% up to the end of 2020 compared to what would have happened if MUP had not been in place.

Health Secretary Neil Gray said:

“Research commended by internationally-renowned public health experts estimated that our world-leading policy has saved hundreds of lives, likely averted hundreds of alcohol-attributable hospital admissions and contributed to reducing health inequalities.

“Experts wrote to The Lancet, describing Public Health Scotland’s evaluation of minimum unit pricing as ‘high-quality’ and ‘comprehensive’, and expressing confidence that there are several hundred people with low income in Scotland who are alive today as a result of this policy.

“However, the Scottish Government is determined to do all it can to reduce alcohol-related harm and as part of that, I am working to ensure people with problematic alcohol use receive the same quality of care and support as those dealing with problematic drugs use. We have also made a record £112 million available to Alcohol and Drug Partnerships to deliver or commission treatment and support services locally, as well as investing £100 million in residential rehabilitation.

“I have also asked that Public Health Scotland is commissioned to review evidence and options for reducing exposure to alcohol marketing.”

REHIS Diploma in Environmental Health and Higher Certificate in Food Practice – Professional Examinations

The Professional Examinations (Interviews) are taking place on Tuesday 1 to Thursday 3 October at the Carnegie Conference Centre, Dunfermline. The Institute wishes the best of luck to all 24 candidates.

REHIS Environmental Health Update and Annual General Meeting

The free to members Environmental Health Update is being held as a hybrid event on the morning of Friday 22 November from the COSLA Conference Centre in Edinburgh. The programme and booking form will be available soon.
This event will be followed by the Institute’s 24th Annual General Meeting. 
For information on how the Institute is governed and the committee structures, please see here Governance and Committees – REHIS

REHIS Annual Environmental Public Health and Housing Update, 27 November 2024

The annual Public Health and Housing update event is being held on 27 November 2024. The online event will have a series of presentations on a wide range of subjects.  The programme and booking form will be available soon.

World Environmental Health Day – 26th September 2024
World Environmental Health Day (ifeh.org)

As part of their updated position statement, Royal College of Paediatrics and Child Health (RCPCH) is calling for stronger action from the UK government to protect children from the health harms of air pollution.

Paediatricians at the RCPCH highlight their concerns in a newly updated position statement published on 19 September, which summarises recent scientific evidence on the child health impacts of air pollution. They call for stronger government and local authority action to tackle air pollution, focusing on combating top UK sources of two of the most harmful pollutants: PM2.5 and nitrogen dioxide.

Air pollution poses severe risks to children’s health. PM2.5, one of the most harmful air pollutants, can be breathed deep into the lungs and absorbed into the bloodstream, affecting children’s developing organs, exacerbating respiratory and cardiovascular diseases, and increasing the chance of developing long-term health conditions in adulthood. 

Children are especially vulnerable to air pollution because they inhale more air than adults in proportion to their body weight, breathe closer to ground-level sources of air pollution such as vehicle exhausts, and are less able to control their exposure than adults. Exposure to air pollution doesn’t just affect physical health. It has also been linked to slower response times and decreased attentiveness school children, as well as serious mental health problems such as psychosis.

Recent studies showed that 86% of new schools being built in England are in unsafe air pollution areas, while in 2018 UNICEF found that children in around 2000 London schools and nurseries were being exposed to illegal levels of nitrogen dioxide pollution. However, a lack of monitoring around UK schools means that many more children may be exposed to harmful levels of air pollution throughout the school day.

RCPCH’s newly updated position statement summarises recent research on how indoor and outdoor air pollution impact child health and calls for bold but necessary policies to improve air quality, especially in and around schools and hospitals. 

The statement highlights the following key recommendations:

• Protecting children in schools by monitoring air quality and empowering local authorities to act when pollution exceeds limits.
• Enacting a Clean Air Act (Ella’s Law) to establish a legal right to clean air across all four nations of the UK and committing to the WHO Air Quality Guidelines.
• Implementing and expanding Awaab’s Law to protect private renters from hazardous living conditions, such as damp and mould.
• Investing in sustainable transport to ensure half of urban journeys can be walked or cycled by 2030, with accessible public transport for all.
• Phasing out domestic wood-burning in urban areas while supporting rural residents and those in fuel poverty to transition to cleaner heat sources.

You can read RCPCH’s updated position statement and recommendations here.

The Scottish government has temporarily dropped restrictions on the installation of wood burning stoves in newbuild homes or conversions.

On 19 September, Minister for Climate Action Alasdair Allan sent letters to the chief executives of all Scotland’s local authorities announcing that the ban had been lifted with immediate effect.

On April 1, 2024, new building regulations came into force in Scotland “banning the use of polluting heating systems such as oil and gas boilers, and bioenergy – including wood-burning stoves” in new homes, as the Scottish Government explained.

However, the rules were put under review in May after concern a ban on wood burners would negatively impact on people living in rural areas.

The new rules were designed to help reduce air pollution and tackle climate change by encouraging builders to install clean heating systems such as heat pumps or heat networks. 

But some opponents of the legislation had said they did not have access to the main gas supply and relied on log burners for heat during power cuts.

Deputy First Minister Kate Forbes previously said she had concerns about the ban, citing the impact it could have on older people in her Skye, Lochaber and Badenoch constituency.

A ministerial direction means that wood burners and other biofuel heating systems including peat can still be installed pending the outcome of the review.

Food Standards Scotland have published a paper which sets out their position in relation to processed and ultra processed foods (UPFs).

There has been growing interest in the topic of food processing in recent years, with lots of reports linking ultra-processed foods with health and environmental outcomes and emphasising the prominence these foods have within our society.

There is no universally agreed definition of a processed food, however the NOVA classification is the most commonly used classification system. The NOVA system groups foods and food ingredients into four categories based on their level of processing and not their energy or nutrient content. These are unprocessed, or minimally processed foods, processed culinary ingredients, processed foods and ultra-processed foods.

The Scientific Advisory Committee on Nutrition (SACN) reviewed the evidence in relation to processed foods and health and found that, whilst there is evidence of a link between processed and ultra-processed foods and health, there were uncertainties around the quality of the evidence available. Additionally, it is currently unclear how much of this relationship may be explained by other nutritional risk factors, such as calorie, fat, sugar or salt content.

Based on this evidence from SACN, and because definitions for processed or ultra- processed foods do not consider their energy or nutrient content (which are key determinants of the healthiness of a product), Food Standards Scotland (FSS) does not consider the evidence in relation to processed and ultra-processed foods and their impact on health to be sufficiently robust to warrant any change in dietary advice or policy direction for improving diet and diet related health in Scotland.

In comparison, there is strong and robust evidence that diets high in calories, fat and saturated fat, sugars and salt increase the risk of many chronic diseases, including heart disease, stroke, type 2 diabetes and many types of cancer. This risk could be mitigated through decreased consumption of high fat, sugar and/or salt (HFSS) foods, in line with existing dietary advice for a healthy diet. FSS therefore continues to advise consumers to move towards a healthy and more environmentally sustainable diet, as depicted by the Eatwell Guide.

Read the Position paper here.

The number of food safety alerts and fraud investigations exchanged between European member states went up in 2023.

The European Commission, which manages the Alert and Cooperation Network (ACN), said there was a significant increase in notifications compared to 2022.

The network includes the Rapid Alert System for Food and Feed Network (RASFF), the Administrative Assistance and Cooperation Network (AAC), Agri-Food Fraud Network (FFN) and the Plant Health Network (PHN).

There was an 8 percent rise in RASFF notifications to 4,695 notices, of which almost 4,200 mentioned food. The most notices by origin involved Turkey, China, Poland, India, Netherlands, and France.

As in previous years, more than a third of notifications were border rejections, involving mainly pesticide residues in fruit and vegetables from Turkey, followed by Egypt and India.

More than 150 notifications were for Salmonella in poultry products from Poland. 85 alerts mentioned aflatoxins in nuts and seeds from the United States.

Pathogenic microorganisms were the second most common hazard category in food. Salmonella was the most frequent, followed by Listeria monocytogenes, E. coli, and norovirus, all primarily in products of animal origin.

There were 48 foodborne outbreaks posted in RASFF. Norovirus was identified as the probable cause in 17 cases, Salmonella in 11, Listeria in five, histamine poisoning in two, and E. coli in two cases. Eighteen incidents involved multiple countries.

As part of investigations into a multi-country Salmonella outbreak traced to chicken kebab from Poland, defects on traceability were also detected and a suspicion of forged labels was raised. Two notifications were created by Poland to investigate the fraud angle of the cases.

Data analysis on kebab products revealed 61 cases across RASFF, AAC and the FFN in 2023. One issue was undeclared meat species such as chicken, turkey or horse. Eleven alerts had a suspicion of fraud. Some notifications were related to meat substitution with the presence of chicken meat, turkey, pork, and horse meat in kebabs.

The Administrative Assistance and Cooperation system allows member states to notify violations of EU food safety legislation which do not constitute a health risk. There was a 24 percent increase with 3,166 notifications.

The majority were linked to non-compliant fruits and vegetables, mainly due to pesticide residues, followed by mislabeling, such as unauthorized health claims for food supplements. Germany created the most notifications, followed by Bulgaria, and Austria.

The Agri-Food Fraud Network (FFN) registered a 26 percent rise in notifications, with 758 fraud suspicions. Belgium, Germany, and France notified the most. The illegal trade of cats and dogs remained a major issue. Other suspicions related to meat substitution, honey adulteration, and mislabeled olive oil.

The most notified product category was meat and meat products other than poultry. Common issues were ingredient or species substitution and misleading labeling.

Live animals (excluding pets) were the second most reported category and like in previous years, it concerned mainly horses. Fraud suspicions were divided between smuggling and forgery of mandatory documents, like animal passports and health certificates.

Honey and royal jelly remained in the top three notified product categories. The main practice notified was adulteration of honey by dilution with sugar syrups. An increase of cases on fats and oils was seen. The majority concerned quality or mislabeling, where lower quality olive oil was sold as extra virgin olive oil.

The top reported suspected fraud for fish products was substitution with lower value species or undeclared addition of water. The EU Commission has started planning an EU Coordinated Action on short weighting of fishery products. Short-weighting is when there is a misrepresentation of the weight by including any extra weight gained through various practices to the net weight. It will focus on practices such as the use of undeclared glazing, water addition, additives, and breading.

Also, 1,075 AAC notifications and 1,625 RASFF alerts were flagged as potential fraud, prompting deeper inspections or investigations by member states.

Public Health Scotland has published Scottish Legionnaires’ disease data for 2023, which shows an ongoing increase in cases and incidence.

Legionnaires’ disease is a severe form of pneumonia caused by legionella bacteria, which can be acquired if tiny droplets of water containing the bacteria are inhaled.

Symptoms can include a cough, difficulty breathing, chest pain, and a high temperature, often accompanied by vomiting and diarrhoea, and, in some cases, confusion.

The surveillance report shows that the case numbers in 2023 (54) exceeded those in 2022 (44).

Factors that may possibly explain the notification increases include changes in national testing policies; an ageing population with the presence of multiple coexisting conditions and changing weather patterns.   The increase in Legionnaires’ disease cases identified in Scotland is also reflected across Europe.

Legionella bacteria is most commonly found in water sources, in both natural and man-made environments such as air-conditioning units, jacuzzies and showers. A specific type of legionella can also be found potting compost and other composted materials that, on rare occasions, may result in infection.

Hazel Henderson, Consultant at Public Health Scotland, said:

“Legionella bacteria exposure most often occurs when a person breathes in tiny water droplets containing the bacteria. When travelling, running any showers and taps on hot for a few minutes and opening windows where possible can help minimise any risk of infection. Only a minority of people go on to develop symptoms, however, those who smoke or have underlying medical conditions are at higher risk.

“A less common type of legionella bacteria can be found in damp potting compost or mud. It’s advisable to ensure good hygiene in relation to gardening by wearing gloves, potting plants outdoors, and a mask if the workspace is dusty, particularly if indoors. It’s important to wash hands immediately afterwards, especially before eating or drinking.”

Read the annual report on Legionnaires’ disease in Scotland for 2023 here.