Wenlock Health & Safety | Health & Safety Consultants | Health & Safety Services

Newsletter April 2012 – Construction

Wenlockhs — Thu, 10 May 2012 12:46:40 +0000

COMPANY NEWS

WHS Ltd Anniversary

My how time flies when you are enjoying yourself!
Wenlock Health & Safety Ltd is very proud to celebrate its 10th anniversary in April 2012.

To celebrate our anniversary, we have presented a special award for the most outstanding commitment to health & safety over the last 10 years; we are pleased to announce the award has been presented to CH Contracting Ltd of Frome, Somerset.

The award was presented by WHS Managing Director, Jackie Horsewood, to the Managing Director of CH Contracting Ltd, Clive Harrington. They have continually strived towards a proactive and effective safety culture, not shying away from allocating resources to all aspects of safety including training, discipline and site controls.

All of the WHS Ltd staff would like to thank clients and colleagues alike for their support over the years – and we look forward to the next 10 years of providing a pragmatic approach to health & safety.

First Aid Course Programme

A reminder that Wenlock Health & Safety Ltd (WHS) runs regular first-aid courses at their premises for up to 8 persons; forthcoming dates are:

- 18th April
- 17th May
- 19th June

We can also provide first-aid training at customers’ premises for a minimum of 6 people and a maximum of 9.
As well as the one day Emergency First Aid Course, we also offer the 3 day course. Please ring the office number (01952-433901) for further details.

HSE NEWS

PLEASE READ THE FOLLOWING IMPORTANT NEWS IN THIS SECTION CAREFULLY

New Asbestos Regs

The new Control of Asbestos Regulations 2012 will come into effect on 6 April 2012 and revoke all previous regulations.

Text from the new Regulations is attached; a summary, amended risk assessments and further explanation will be issued in the next (June) newsletter but, in the meantime, please do read and digest the attached.

The requirements for licensable work have not changed in essence; however, several important new requirements are to be implemented for non-licensable work, particularly the following:

- A new category of Notifiable Non-Licensable Work (NNLW) has been introduced to cover removal or disturbance of non-licensable asbestos-containing materials (ACMs) which contain white (chrysotile) asbestos only (not brown or blue)
- The definition of ‘asbestos cement’ clarifies the position as ‘a material which is predominantly a mixture of cement and chrysotile…’. In other words the asbestos cement product must contain white asbestos only*. A license is required for all asbestos cement containing brown or blue.
- Non-licensed work can only be carried out by a non-licensed contractor when:
o      There is no risk from breakage or other hazards
o      The work has been properly assessed and a full ‘plan of work’ produced
o      The work has been notified to the HSE (we assume the local HSE office). Note, however, that no 14 day notice period is applicable and work can begin as soon as notification has been made. Refer to Schedule 1 of the Regulations for notification requirements
o      Health surveillance is mandatory now even for non-licensable work; refer to Reg. 22(3)

* Footnote – never assume that asbestos cement contains white; brown or blue can be found in asbestos cement products too.

Given the above, it may well be problematic for most contractors to carry through all of the requirements; WHS advice will remain, as before, that it is far safer, less risky and much easier to employ a licensed contractor for all removal and/or significant disturbance of ACMs, even non-licensable. The requirements, plus the cost of disposal these days, may well make employing a licensed contractor more cost-effective as well.

Please do not hesitate to contact Wenlock Health & Safety Ltd (on 01952-433901) with any queries; as always, we are here to assist.

HSE Blitz on Refurbishments

We reproduce below an email received recently from the HSE warning of the current ‘blitz’ on refurbishments – take note!

Following successful previous campaigns, HSE inspectors are visiting sites as part of this year’s intensive construction inspection initiative to improve safety standards in one of Britain’s most dangerous industries.

The initiative…..cover(s) sites where refurbishment or repair work is being carried out. The primary focus will be on high-risk activity such as work at height but the initiative also covers ‘good order’ – ensuring sites are clean and tidy with clear access routes.

Fifty workers were killed and there were 2298 major injuries reported in this sector last year. The purpose of this initiative is not only to reduce those figures but also to remind those working in construction that poor standards are unacceptable and may result in enforcement action. (one in five of the 2108 sites visited last year failed safety checks.)

Philip White, HSE Chief Inspector of Construction, said:
“The refurbishment sector continues to be the most risky for construction workers; all too often straightforward practical precautions are not considered and workers are put at risk. In many cases, simple changes to working practices can make all the difference.

“Poor management of risks in this industry is unacceptable. As we have demonstrated in the past, we will take strong action if we find evidence that workers are being unnecessarily put at risk.”

BBC Radio 1 also reported this news on 15th March, emphasising the seriousness of treating safety on refurbishments with high importance. Health and Safety Inspector Jacqui Western said there are a number of reasons why refurbishments are more dangerous and “it depends on who is managing the project. Sometimes with smaller jobs, you have contractors who are not aware of health and safety responsibilities… Some of it can be lack of knowledge. Some of it can be intentional cost cutting.” See the prosecutions section at the end to read about Jen Deeney’s story.

WHS Ltd must add that, in our experience, the focus on refurbishments (particularly with the smaller sites) is long overdue. 54% of the workers killed in construction over the last few years were undertaking refurbishments, repair or maintenance; that is a significant percentage.

Larger projects and developments these days, on the whole, have sufficient resources and experienced personnel to manage the project properly and safely. However, the same cannot be said of the smaller refurbishments. Very often, there is not even a recognition that CDM applies at all, let alone other aspects of safety being taken seriously! It is a sad reflection that very little has changed on this issue over the last 10 years of WHS Ltd’s existence (particularly with regard to asbestos, public safety and work at height) – and the HSE is right to carry out regular blitzes.

Just a note also that you do not need to be subject to a ‘blitz’ for there to be serious repercussions from an HSE visit – any evident non-compliance will produce the same results i.e. probable enforcement and almost certain cost as well now … refer below.

HSE Fees… be warned!

Under the Health and Safety (Fees) Regulations 2012 (which come into effect later this year), the HSE is to recoup costs by the following a far tougher nationwide policy:

- No charge per visit where there are no non-compliances… how often will this happen?!
- Where there are non-compliances, no advice will be given but an appropriate notice will be issued
- Fees (known as ‘fees for intervention’), will be £124 per hour based on 6 minute blocks of time
- Fees will be charged ‘when, in the inspector’s opinion, there is a material breach of law requiring a formal regulatory intervention through a letter, email, instant visit report, notice or prosecution’
- Fees will ‘kick in from the start of the visit during which the problem is highlighted, and will continue to accrue for the inspector’s time until the issue is rectified’. With on-going HSE involvement pr investigation, the HSE will invoice on a bi-monthly basis, with the potential for huge fees to be accumulated!
- Charges will be split 50/50 between principal and sub-contractors where appropriate

Dichloromethane (DCM) Paint Strippers Banned

As from 6 June 2012, all use and sale of DCM-based paint strippers outside controlled industrial installations (including non-commercial use), will be banned because of the history of fatalities throughout the EU.

RIDDOR

From 6 April 2012, there is a change to reporting under RIDDOR in all areas of Great Britain except Northern Ireland (who are delaying the change).

The requirement for the reporting of all over 3-day injuries is now extended to reporting incapacity to work for over 7 days (including statutory holidays and weekends). Do note that it is 7 days ‘incapacitation’, not 7 days off work.

A copy of the latest (updated) Code of Practice L73 can be purchased or downloaded free of charge from: http://www.hse.gov.uk/pubns/books/l73.htm. Further WHS guidance will be issued in due course.

However, do not to be lulled into thinking you do not need to do anything until 7 days elapses; employers are still duty bound to keep records of all over 3-day injuries ‘resulting from an accident arising out of or in connection with work, where
- a person is incapacitated for more than three consecutive days (i) (excluding the day of the accident, but including any days which would not have been working days); and
- the work is of a kind which the person might be expected to do (ii) either as part of their contract of employment, or if there is no such contract, as part of their normal course of work.’

INDUSTRY NEWS

CSCS Touch Screen Tests

Please note that, as from April 2012, the format of the CSCS touch screen test changes dramatically, and also includes some basic environmental issues as well.

As before, there are 3 levels of test: operative, supervisor and manager. However, the 45 minute test now consists of 50 multiple-choice questions, 38 knowledge questions (including 6 specialist questions if applicable) plus 12 ‘behavioural case studies’.

Resources now include, not only the book (which has obviously been updated; price £10.95) but a DVD called ‘Setting Out’ to help towards the case study questions. WHS would always recommend purchasing the resources and ensuring all personnel go through it ahead of the test. Purchase on-line from www.cskills.org/hsanderevision or ring 0344-994 4488.

Structural Design

Following on from collapses mentioned in previous newsletters, one wonders why we are experiencing a spate of these incidents. Yet another occurred recently, this time at City Gates Christian Centre in Ilford, where the collapse narrowly avoiding hurting any of the 22 workers who had clocked off only minutes beforehand.

Are CDM controls being sufficiently implemented both through design and on site?

Fatality statistics for the first 6 months of 2011/12 already show a rise over the previous year, with 29 killed to 30 September 2012. Extrapolated, this could mean 58 killed throughout the full 12 months of 2011/12 – and it seems to be shear luck that the number is not a lot higher.

CDM is there for valid reasons – do not cut corners. Cost savings now may not mean cost savings in the long run – and may cost lives.

Safe Roof Inspection

Blocked gutters, wind damage, debris removal, leaks, etc. All these issues result in maintenance staff needing to access rooftops – and the safety of those involved is all too often overlooked (“I’ll only be a minute”!!).

However, nobody wants to spend a huge amount of money on fall prevention when the work is simply inspection or something brief. Latchways have piloted several practical and relatively inexpensive solutions which can be used without specialist or specific p.p.e.

Various WalkSafe® products can be viewed on: www.latchways.com/walksafe

CHAS

We have been advised by CHAS assessors that the full 5 day SMSTS course, or equivalent, is now mandatory for all Principle Contractors with over 5 employees. It would be advisable to discuss your current training status with us before applying.

Demolition

Revised British Standard – Those contractors involved in demolition should be aware that BS 6187:2011 has now been issued and should be followed for all but the most minor demolition.

New Crusher Guidance – the NFDC has issued new Guidance Notes on the Safe Use of Mobile Crushers in the Demolition Sector. The Guidance can be viewed on:
http://bit.ly/GCmQm8

Revised risk assessments will be issued in due course; in the meantime, the above should be read, digested and followed; contact Wenlock Health & Safety Ltd for further advice.

Asbestos in the News, Yet Again!

Following recent HSE inspections of 164 schools outside of local authority control, inspectors took enforcement action in 28 (17%) – serving a total of 41 Enforcement Notices:

-      17 were served for a failure to provide adequate training
-     14 for a lack of a written asbestos management plan
-     8 for a failure to implement a suitable system to manage the risks from asbestos
-     2 for a failure to undertake a survey/assessment of the presence of asbestos containing materials (ACMs)

The HSE said: – “Those most at risk of disturbing asbestos are tradesmen or general maintenance workers so it is essential they know where asbestos is and that there work is carefully planned and managed.”

Although the enforcement related, in this instance, to schools, it is a timely reminder that the duties to manage and risk assess potential asbestos-containing materials applies to ALL commercial ventures. And it is also down to ALL contactors to ASK for this information before touching anything!!

And, those companies who are yet to carry out Asbestos Awareness training (contact WHS for a quote), do it NOW! As the prosecutions highlighted at the end of this newsletter demonstrate, failure to comply is expensive!!

Tracing Employers’ Insurers

The new Employers’ Liability Tracing Office (ELTO) now allows claimants suffering from occupational diseases, such as asbestosis and mesothelioma, to trace past employers’ insurance providers.

The ELTO maintains an electronic database of all new and renewed employers’ liability insurers. Claims made against older policies will still have to be traced using the previous system. Search results are available immediately but where no results are obtained the case will be sent to each insurance company for further checks.

For further information , go to: http://www.elto.org.uk

Alcohol

Most of us enjoy a drink and, with the right amount in the right place at the right time, there is no harm in this. However, alcohol has never disappeared from the risk equation at work and, as stress builds in the current economic environment, it is evident that it is becoming an ever- increasing problem once again – not least because it is not always easy to detect.

Alcohol Concern has produced evidence that a mere 20% of the top 250 companies even have an alcohol policy and this, coupled with the general under-lying lack of awareness, needs to be addressed urgently to avoid both resultant risk and stress.

WHS clients who operate our health & safety policy and employee induction systems have this included within those documents. However, you can employ an individual Drugs and Alcohol Policy for your company – contact us for further info.
These policies needs to be enforced otherwise the employer is still liable should there be related repercussions. Do make sure that the issue is properly discussed during employee induction each year and, if necessary, include additional controls through employment contracts.

For further advice and/or assistance, please never hesitate to contact the WHS Ltd office on 01952-433901. In addition, the HSE has issued guidance which can be freely downloaded from www.hse.gov.uk/pubns/indg240.pdf

Video for Inexperienced Workers

Construction Skills has produced a short (11 minute) video for young or inexperienced construction workers. The You Tube video can be seen on:
http://bit.ly/GAqbTd

The video may also be useful for those who need a reminder of site safety!

QUESTIONS & ANSWERS

In light of ‘guidance’ issued on Directgov, we revisit the question raised again in the last newsletter regarding the clearing of footways, with WHS versus Government comments! Apologies if our comments appear controversial, but we have seen too much to remain silent on this issue!

Snow and ice clearance

Question: Who can or should clear public footpaths?

Answer: Direct.gov has issued general public guidance on snow and ice clearance on:
http://bit.ly/bKhK5R

The advice implies that we should be good neighbours and help to clear footpaths and other public areas (cost cutting?). It reminds us all that:

- ‘people walking on snow and ice have a responsibility to be careful themselves’ and
- it is ‘unlikely you’ll be sued or held legally responsible for any injuries if you have cleared the path carefully’

Knowing that we have such a litigation-orientated society and that it is still all-too-common for insurance companies to cave in to claims, we doubt very much whether that last statement is true. It would be very difficult indeed to verify whether the path had been cleared ‘carefully’.

As discussed before, all employers have the duty to maintain safe access and egress from their premises. However, when dealing with non-work (public) areas, and although we would wholly support being a ‘good neighbour’ in principle, until the litigation systems are revised and we lose the effective ‘guilty until proven innocent’ ethos, we would still advise against attempting to clear public areas yourself.

AND FINALLY………

Before you read any further, just take a look at the video on the following link:
http://bit.ly/yK4gJr

This illustrates the true and tragic cost of construction accidents and ill-health…just remember, we are dealing with people’s lives NOT money when we talk about health & safety.

Recent Accidents & Prosecutions

Refurbishments

- Referring to the story on the HSE blitz above, Kieron Deeney had only been married 13 weeks when he fell to his death on a hotel refurbishment site. His wife Jen explained “We hadn’t even picked up the wedding photos… he fell just over 30 feet, his head injuries were so severe that he was pronounced dead at the site”

Falls from Height… Again!

- A partner of a Leicester food company has been fined £7500 after an 18 year old worker was lifted on a forklift truck to climb into a stack of pallets and remove barrels onto the forklift. While moving between pallets, he fell 2 metres suffering severe bruising and sprains.

- Futon Ltd were fined £6000 and ordered to pay £14635 when a maintenance worker fell through a fragile roof light. The employee fractured his spinal column and suffered a collapsed lung when he fell 6.5 metres through the roof light after stepping on it while clearing leaves from the roof valley.

- Focus (Southampton) Ltd have been fined £2000 after an employee suffered brain damage and broken boned when he fell through a fragile sky light while removing an asbestos cement roof. The company had not taken into account the risk of falling from the internal mezzanine floor; the project could have been undertaken from below the roof.

- M-Tech Engineering Ltd and Thomas Long & Sons Ltd have been fined £8000 and £6000 respectively after an employee fell over 9 metres and fractured two vertebrae in his spine. He fell from a mobile scaffold tower being used to install a steel staircase, which had not been erected according to manufacturers guidelines.

Asbestos

- Avon Freight Group and Managing Director Simon Poole have been ordered to pay more than £112,000 for exposing at least 20 people to asbestos fibres during work on its new HQ in Redditch. Also prosecuted and fined £3000 was building contractor, Ronald MacPhee. Despite being in possession of a survey and quotes for proper removal of AIB, the company instructed MacPhee to carry out the internal refurbishment without license.

- Corgi Hosiery Ltd was fined £40,000 and Dragon Cladding Ltd’s Site Foreman, Stuart Phillips, fined £5000 for putting workers and visitors at risk of exposure to asbestos. Phillips had instructed roofers had removed plaster-like material, later confirmed to contain asbestos, from the underside of roof sheeting and structural steelwork using a hammer and chisel. Debris was then swept into domestic black bin bags and placed in open skips. Throughout the duration of the work, Corgi Hosiery employees and visitors had continuous access to the main building, with one worker based in the area throughout the works.

The Importance of Adequate and Appropriate Information

- The inquest into the deaths of two men following a crane collapse in Battersea heard that the wrong manual had been used to set counterweights while erecting the 165-ft high machine. Falcon Cranes should have had 8 tons of concrete balancing the weight of its load but a manual was used for a different model which dictated 12 tons. The extra weights would have increased the tension on a crucial set of bolts by 100%.

An extreme example of what can happen but it clearly illustrates the vital importance of good, correct and up to date information and guidance. NEVER assume that information provided is correct or sufficient unless you are satisfied with the competence of its originator, and NEVER assume that people know or understand.

- DSM Demolition Ltd and CDM Co-Ordinator, Gould Singleton Architects Ltd (GSA), were fined £140,000 and £40,872 respectively following an incident In Worcester when a worker cut through an 11kv cable and was engulfed in flames causing permanent disabilities and requiring skin grafts. Neither company had done anything to establish whether live services to the site had been terminated.

No less devastating and again, NEVER assume

Gas Safe

- Tony Smith was prosecuted and given a 22 week ‘curfew order’ for carrying out remedial gas work at a restaurant in Cheltenham while falsely claiming to be registered with Gas Safe Register. He had issued the owner, and a number of other local businesses, with fraudulent gas safety inspection reports and certificates.

All persons engaging a gas engineer must, not only ask for Gas Safe ID from the engineer, but are advised to also ring 0800-408 5500 to check the Gas Safe Register. This problem is becoming all too common; check for your own safety.

- Andrew Hartley, a Somerset gas fitter, was found guilty of the manslaughter by gross negligence of a woman who died of carbon monoxide poisoning due to a badly fitted boiler; Hartley had installed the new boiler two weeks earlier but had failed to secure the flue pipe with screws.

Please remember to notify us if you have an accident or an incident.

WHS is working for you; help us help you.
Our aim is to keep people safe and, ultimately, to keep you company working.

As always, if you need advice or assistance, or you have any queries or problems,
please do not hesitate to contact Wenlock Health & Safety Ltd on 01952-433901

Enclosures:

- Control of Asbestos Regulations 2012

Newsletter April 2012 – General

Wenlockhs — Thu, 10 May 2012 12:30:32 +0000

COMPANY NEWS

WHS Ltd Anniversary

My how time flies when you are enjoying yourself!
Wenlock Health & Safety Ltd is very proud to celebrate its 10th anniversary in April 2012.

First Aid Course Programme

A reminder that Wenlock Health & Safety Ltd (WHS) runs regular first-aid courses at their premises for up to 8 persons; forthcoming dates are:

- 18th April
- 17th May
- 19th June

PLEASE READ THE FOLLOWING IMPORTANT NEWS IN THIS SECTION CAREFULLY

New Asbestos Regs

The new Control of Asbestos Regulations 2012 will come into effect on 6 April 2012 and revoke all previous regulations. Text from the new Regulations is attached; a summary, amended risk assessments and further explanation will be issued in the next (June) newsletter but, in the meantime, please do read and digest the attached

The Regulations introduce a new category of Notifiable Non-Licensable Work (NNLW) to cover removal or disturbance of non-licensable asbestos-containing materials (ACMs) which contain white (chrysotile) asbestos only (not brown or blue). However, the work can only be considered non-licensable where there is no risk from breakage or other deterioration.

Given that the range of applicable NNLW ACMs will be very limited indeed and, with the tighter controls, the temptation for contactors to cut corners will be increased, WHS advice will remain that it is far safer, less risky and much easier to employ a licensed contractor for all removal and/or significant disturbance of ACMs, even non-licensable. The requirements, plus the cost of disposal these days, is making employing a licensed contractor increasingly more cost-effective as well.

Please do not hesitate to contact Wenlock Health & Safety Ltd (on 01952-433901) with any queries; as always, we are here to assist.

HSE Blitz on Refurbishments

Many of you will have heard the publicity surrounding the current HSE campaign targeting refurbishments. WHS Ltd would comment that, in our experience, the focus on refurbishments (particularly with the smaller sites) is long overdue. 54% of the workers killed in construction over the last few years were undertaking refurbishments, repair or maintenance; that is a significant percentage.

A timely reminder then to all businesses – if you instruct any work vaguely considered to be construction (including all decorating and repair, minor works, cabling and other installations, and any type of refurbishment) you become a construction ‘client’ in law. This means you have legal duties – the main one being to engage competent contractors. And time and time again it is proven in court that clients who do not take this duty seriously are successfully prosecuted.

And never forget your duties related to protecting all employees and contractors from asbestos products; refer above. ALL commercial properties must by law hold appropriate information.

Refer to your Health & Safety Manual for details and WHS is always at the end of the phone to give guidance. Do not get caught out; a phone call costs nothing but ignoring your legal duties could cost a life, delays, and a good deal of money as well now … refer below.

HSE New Fees… be warned!

In addition to any fines resulting from prosecution for non-compliance, under the Health and Safety (Fees) Regulations 2012 (which come into effect on 6 April 2012), the HSE is to recoup costs by the following a far tougher nationwide policy:

- No charge per visit where there are no non-compliances
- Where there are non-compliances, no advice will be given but an appropriate notice will be issued
- Fees will be £124 per hour based on 6 minute blocks of time
- Fees will be charged ‘when, in the inspector’s opinion, there is a material breach of law requiring a formal regulatory intervention through a letter, email, instant visit report, notice or prosecution’
- Fees will ‘kick in from the start of the visit during which the problem is highlighted, and will continue to accrue for the inspector’s time until the issue is rectified’. With on-going HSE involvement pr investigation, the HSE will invoice on a bi-monthly basis, with the potential for huge fees to be accumulated!

RIDDOR

From 6 April 2012, there is a change to reporting under RIDDOR in all areas of Great Britain except Northern Ireland (who are delaying the change).

A copy of the latest (updated) Code of Practice L73 can be purchased or downloaded free of charge from: http://www.hse.gov.uk/pubns/books/l73.htm. Further WHS guidance will be issued in due course.

Safe Roof Inspection

Blocked gutters, wind damage, debris removal, leaks, etc. All these issues result in maintenance personnel needing to access rooftops – and the safety of those involved is all too often overlooked (“I’ll only be a minute”!!).

Various WalkSafe® products can be viewed on: www.latchways.com/walksafe

And All Work at Height

People can be killed falling from any height – and when companies employ people, even indirectly as with cleaners, maintenance or repair, they are ultimately responsible for ensuring they are competent for the job.

Again, WHS is at the end of phone for advice. But it usually does not take much to ‘assess’ competence. Some work (gas, electric, construction, vehicle maintenance, etc) will require specific qualifications; however, with general or minor work, it would not take an expert to realise that by no stretch of the imagination can the contractor working at ‘Deb Hair’ be considered competent! And when working in the public domain, as with any external work, the chance of someone getting hurt is greatly increased – so do ask for advice before you engage. The photo was taken by an HSE Inspector who was passing, which in our experience is not untypical, and the contractor was later fined.

Tracing Employers’ Insurers

The new Employers’ Liability Tracing Office (ELTO) now allows claimants suffering from occupational diseases, such as asbestosis and mesothelioma, to trace past employers’ insurance providers. The ELTO maintains an electronic database of all new and renewed employers’ liability insurers. Claims made against older policies will still have to be traced using the previous system. Search results are available immediately but where no results are obtained the case will be sent to each insurance company for further checks.
For further information, go to: http://www.elto.org.uk
Alcohol

The Importance of Good Planning!

A precision equipment manufacturing company moved into a new office that had linoleum floors. Immediately, slipping accidents started to happen on one floor at an alarmingly high rate. The health and safety advisor spoke to the cleaner and discovered that she was using regular washing up liquid to clean the floors as the correct product was stored downstairs and it was “inconvenient” for her to go down and get it!

Although there is no excuse for the cleaner to have taken such unauthorised action, the company took the issue on board and now stores the correct cleaning product on each floor.

Footnotes:
Cleaning, general maintenance and other trades are often overlooked in the workplace despite possible knock-on effects risking injury to company employees. Take a look at all your systems and provision to make sure that all ‘employees’, both direct and indirect, are well catered for and have risks reduced to a ‘reasonable’ minimum.

In addition, make sure all ‘anti-slip’ flooring is cleaned as per the manufacturer’s instructions; incorrect cleaning can easily destroy the ant-slip properties.

Bad Hand Day Campaign

The ‘Bad Hand Day?’ campaign was launched some time ago to raise awareness of work-related dermatitis in the hairdressing industry. Hairdressers have been identified as one of the occupational groups with the highest risk of developing work-related contact dermatitis; up to 70% of hairdressers will suffer some form of skin damage at some stage in their career. The main causes of work-related contact dermatitis in hairdressers are exposure to some of the chemicals present in hairdressing products and frequent wet work, including shampooing and rinsing. 20,000 hairdressers have been targeted through seminars and salon and college visits by Local Authorities and HSE, to discuss the campaign and encourage hairdressers to ‘get gloved up’.

However, how many other industries can be affected by ‘exposure to some of the chemicals present’? Cleaning, fabrication and manufacture, vehicle maintenance, general maintenance and repair, nursing and social care, catering, gardening and horticulture, agriculture, etc, etc! All have the potential for exposure to hazardous products and substances.

And, when results can be as severe and debilitating as these example, shouldn’t we all
‘get gloved up’?

But just a word of warning…
Make sure gloves are suitable; this is
an example of allergy to latex gloves!

QUESTIONS & ANSWERS

In light of ‘guidance’ issued on Direct.gov, we revisit the question raised again in the last newsletter regarding the clearing of footways, with WHS versus Government comments! Apologies if our comments appear controversial, but we have seen too much to remain silent on this issue!

Snow and ice clearance

Question: Who can or should clear public footpaths?

Answer: Directgov has issued general public guidance on snow and ice clearance on:
http://bit.ly/bKhK5R

The advice implies that we should be good neighbours and help to clear footpaths and other public areas (cost cutting?). It reminds us all that:

HUMAN RESOURCE NEWS

Plan For the Future – Pensions

An Office for National Statistics (ONS) report reveals a dismal uptake of employers’ pension schemes — figures hit an all-time low in 2011 when only 48% of employees were enrolled, the lowest since these records began in 1997, at which time 55% were in a scheme. Only 8% of workers aged 16–21 were in a scheme, with only 32% of those aged 22 to 29.

This does not give the full picture either – in the private sector overall, only 33% are enrolled in pension schemes.

There are many factors involved in this life-choice, the main one undoubtedly being lack of confidence in the pension providers to deliver value for money in (what must be) the long term. As explained in the previous newsletter, the problem is becoming so acute that very soon there will compulsion for employers to provide the pensions and employees to sign up.

In the meantime, despite the lack of confidence in the money-markets, the advice must always be to enrol as early as possible in a good scheme. The older you get, the more difficult and expensive it becomes to contribute sufficient funds to give a useful return – and there are hundreds of thousands of people throughout industry who cannot currently look forward to a ‘comfortable’ retirement without money worries as they have failed to make adequate provision.

Do not wait for employers’ pension provision to become mandatory, encourage your staff to enrol now, particularly youngsters.

Plan For the Future – Business Continuity

This issue has been discussed before a while ago as the road traffic accident that injured and put both Jackie and Graham of WHS Ltd put them out of action. This made us realise that the Company needs to plan for business continuity in the future. In addition, a lot of banks and other financial agencies now ask for ‘Business Continuity Plans’ to make sure that companies do not fold if key personnel are incapacitated or leave.

Take a moment to consider what may happen in the future and begin to plan for possible eventualities. Do not leave it too late – as we could well have done if the injuries had been worse. WHS Ltd can give advice if required.

AND FINALLY………

Before you read any further just remember, we are dealing with people’s lives NOT money when we talk about health & safety.

Recent Accidents & Prosecutions

Asbestos
Note the client involvement with this prosecution

Gas Safe

Fire Safety

- Chumleigh Lodge Hotel Limited and Director, Michael Wilson, have been fined a total of more than £260,000 (£180,000 of which was levied personally against Wilson) in what is believed to be the first jury trial of a case under the Regulatory Reform (Fire Safety) Order 2005. The case relates to a fire at the hotel in May 2008; the blaze had spread quickly from a first floor guest bedroom, up a staircase to the floor above and along a corridor although nobody was hurt.

Fire safety inspectors investigated and discovered defective fire doors, blocked escape routes and no smoke alarms in some of the hotel’s bedrooms. There was no fire risk assessment and staff had not been provided with adequate fire safety training.

London Fire and Emergency Planning Authority said: “This verdict sends out a clear message that if these responsibilities are ignored we will not hesitate in prosecuting and people will face serious penalties.”

Please remember to notify us if you have an accident or an incident.

WHS is working for you; help us help you.
Our aim is to keep people safe and, ultimately, to keep you company working.

As always, if you need advice or assistance, or you have any queries or problems,
please do not hesitate to contact Wenlock Health & Safety Ltd on 01952-433901

Enclosures:

- Control of Asbestos Regulations 2012
- 2 skin care posters: ‘Avoid Skin Contact’ and ‘Check For Dermatitis’

Newsletter April 2012 – M&E

Wenlockhs — Thu, 10 May 2012 11:37:48 +0000

COMPANY NEWS

WHS Ltd Anniversary

My how time flies when you are enjoying yourself!
Wenlock Health & Safety Ltd is very proud to celebrate its 10th anniversary in April 2012.

First Aid Course Programme

A reminder that Wenlock Health & Safety Ltd (WHS) runs regular first-aid courses at their premises for up to 8 persons; forthcoming dates are:

- 18th April
- 17th May
- 19th June

We can also provide first-aid training at customers’ premises for a minimum of 6 people and a maximum of 9.
As well as the one day Emergency First Aid Course, we also offer the 3 day course. Please ring the office number (01952-433901) for further details.

HSE NEWS

PLEASE READ THE FOLLOWING IMPORTANT NEWS IN THIS SECTION CAREFULLY

New Asbestos Regs

The new Control of Asbestos Regulations 2012 will come into effect on 6 April 2012 and revoke all previous regulations.

The requirements for licensable work have not changed in essence; however, several important new requirements are to be implemented for non-licensable work, particularly the following:

* Footnote – never assume that asbestos cement contains white; brown or blue can be found in asbestos cement products too.

Please do not hesitate to contact Wenlock Health & Safety Ltd (on 01952-433901) with any queries; as always, we are here to assist.

HSE Blitz on Refurbishments

We reproduce below an email received recently from the HSE warning of the current ‘blitz’ on refurbishments – take note!

“Poor management of risks in this industry is unacceptable. As we have demonstrated in the past, we will take strong action if we find evidence that workers are being unnecessarily put at risk.”

Larger projects and developments these days, on the whole, have sufficient resources and experienced personnel to manage the project properly and safely. However, the same cannot be said of the smaller refurbishments. Very often, there is not even a recognition that CDM applies at all, let alone safety being taken seriously! It is a sad reflection that very little has changed on this issue over the last 10 years of WHS Ltd’s existence (particularly with regard to asbestos, public safety and work at height) – and the HSE is right to carry out regular blitzes.

Under the Health and Safety (Fees) Regulations 2012 (which come into effect later this year), the HSE is to recoup costs by the following a far tougher nationwide policy:

RIDDOR

From 6 April 2012, there is a change to reporting under RIDDOR in all areas of Great Britain except Northern Ireland (who are delaying the change).

A copy of the latest (updated) Code of Practice L73 can be purchased or downloaded free of charge from: http://www.hse.gov.uk/pubns/books/l73.htm. Further WHS guidance will be issued in due course.

Safe Roof Inspection

Various WalkSafe® products can be viewed on: www.latchways.com/walksafe

CSCS Touch Screen Tests

Please note that, as from April 2012, the format of the CSCS touch screen test changes dramatically, and also includes some basic environmental issues as well.

CHAS

Asbestos in the News, Yet Again!

Following recent HSE inspections of 164 schools outside of local authority control, inspectors took enforcement action in 28 (17%) – serving a total of 41 Enforcement Notices:

- 17 were served for a failure to provide adequate training
- 14 for a lack of a written asbestos management plan
- 8 for a failure to implement a suitable system to manage the risks from asbestos
- 2 for a failure to undertake a survey/assessment of the presence of asbestos containing materials (ACMs)

Tracing Employers’ Insurers

The new Employers’ Liability Tracing Office (ELTO) now allows claimants suffering from occupational diseases, such as asbestosis and mesothelioma, to trace past employers’ insurance providers.

For further information , go to: http://www.elto.org.uk

Alcohol

Video for Inexperienced Workers

Construction Skills has produced a short (11 minute) video for young or inexperienced construction workers. The You Tube video can be seen on:
http://bit.ly/GAqbTd

The video may also be useful for those who need a reminder of site safety!

QUESTIONS & ANSWERS

Snow and ice clearance

Question: Who can or should clear public footpaths?

Answer: Direct.gov has issued general public guidance on snow and ice clearance on:
http://www.direct.gov.uk/en/Nl1/Newsroom/DG_191868

The advice implies that we should be good neighbours and help to clear footpaths and other public areas (cost cutting?). It reminds us all that:

AND FINALLY………

Before you read any further, just take a look at the video on the following link:
http://bit.ly/yK4gJr

This illustrates the true and tragic cost of construction accidents and ill-health…just remember, we are dealing with people’s lives NOT money when we talk about health & safety.

Recent Accidents & Prosecutions

Asbestos

- IBT Contracting Ltd have been fined £10,800 after they knocked down a building in the Lake District which contained hundreds of Asbestos ceiling tiles. They carried out the work despite not being licensed to do so and despite receiving an Asbestos Survey from the owners of the building stating that there were 166 square metres of asbestos ceiling tiles inside.

Electrical Safety
Extracts from recent HSE cases

- An employee received a fatal electric shock whilst changing a welding rod during arc-welding work inside a metal silo. The company was fined £250,000.

It was found that there was a voltage of no more than 86 Volts ac between the welding rod and the silo metalwork when no welding was taking place. This incident shows that even relatively low voltages can deliver a fatal electric shock, particularly where a person cannot easily escape the shock, and that arc welding equipment should be switched off when rods are being changed.

HSE comment: Electrical work in hazardous environments should not be carried out until a risk assessment has been done and control measures identified and implemented. HSE has published guidance covering many of the common hazardous environments such as confined spaces, where there is a hazard from earthed surfaces, wet places, explosive atmospheres, deep trenches, near sewage etc. Work should not commence where there is doubt regarding the effectiveness of any control measure.

- An electrician received a severe electric shock whilst carrying out building refurbishment and fitting out work in a new estates office. The electrical supply had not been properly isolated. Investigation revealed there was no management system in place to check precautions for electrical work. The company was prosecuted and fined

HSE comment: It is the responsibility of those in control of work activities to direct those work activities such that the risks are reduced ‘so far as is reasonably practicable’. This requires, amongst other things, that work is properly planned and that safety precautions are taken. Electricity supplies should be made dead and proved to be dead before work is commenced, and the method of isolation should prevent inadvertent or deliberate re-energisation of the electrical system

- A contractor’s employee touched a metal mesh fence against which a live cable end was resting and received a 415 Volt electric shock. Investigation of the incident revealed a failure to properly manage the permit to work system; there was a permit-to-work irregularity by the host company, inadequate isolation of the job by an electrical contractor’s electrician, and re-energising of the circuit by the host company. The host company was fined £10,000; the electrical contractor was also prosecuted.

HSE comment: Those in control of work on electrical equipment or installations must ensure it is carried out in a manner that, so far as is reasonably practicable, does not lead to danger. Precautions should be taken to ensure that equipment that has been electrically isolated cannot be reenergised if danger will result.

- An electrical contractor received a fatal electric shock whilst examining a faulty air conditioning unit at premises owned and controlled by a Metropolitan Borough Council. The Council had failed to maintain the air conditioning unit in a safe condition, despite having had knowledge of its condition for some time. The Metropolitan Borough Council was fined £400,000.

HSE comment: Those in control of work activities have a responsibility to maintain equipment in such a state that it is safe. They should also provide such information and instruction as is necessary to ensure that workers are able to work safely.

- A Hertfordshire contractor has been fined £1000 after a worker suffered an electric shock, memory loss and burns to his hand. He was repairing an external flood light and removed the cover of the junction box before he isolated the circuit. Adam Fras, the Director, was a registered electrical engineer and knew how to make the circuit safe but did not take appropriate action.
And a Lesson About Complacency

Gas Safe

- Graham Slater, a gas engineer, has been fined £2000 with £3000 in costs after a family of 5 were taken to hospital with carbon monoxide poisoning when he worked on a warm air heater. He was Gas Safe registered but was not qualified to work on warm air heaters.

- Phillip Payne, a gas engineer trading as Wentworth Plumbing and Heating, has been fined £1300 after he carried out commercial catering gas installations in a local pub, leaving their kitchen at risk. Mr Payne was in the gas safe register but was not registered to carry out this kind of work.

Please remember to notify us if you have an accident or an incident.

WHS is working for you; help us help you.
Our aim is to keep people safe and, ultimately, to keep you company working.

As always, if you need advice or assistance, or you have any queries or problems,
please do not hesitate to contact Wenlock Health & Safety Ltd on 01952-433901

Enclosures:

- Control of Asbestos Regulations 2012

Newsletter February 2012 – Construction

Wenlockhs — Tue, 21 Feb 2012 13:59:30 +0000

COMPANY NEWS

First Aid Course Programme

A reminder that Wenlock Health & Safety Ltd (WHS) runs regular first-aid courses at their premises for up to 8 persons at a very advantageous daily rate; forthcoming dates are:

- 19th March
- 18th April

We can also provide first-aid training at customers’ premises for a minimum of 6 people and a maximum of 10. Please ring Jarmila or Becki on the WHS office number (01952-433901) for further details.

Safety Awards

After revealing the winners of our 2011 safety awards in our December newsletter, we are now pleased to be able to share these photos of the deserving winners.
Congratulations to all!

HSE NEWS

HSE Enforcement Getting Very Personal

Employers must, as we all know, do all they can to provide sufficient and suitable training, equipment, p.p.e, safe working areas, public protection, etc to enable the job to be done safely. Once provided, employees are under legal duties to follow instruction and training, use equipment correctly, wear appropriate p.p.e, take care of their own safety and the safety of others affected, etc.

Last year there was a widely publicised case of a Prohibition Notice being issued on an employee for not wearing p.p.e whilst floor sawing in a public area. The employer was not found liable as they had provided all reasonable training (including a full NVQ and CSCS card), all necessary p.p.e, safety barriers, and the dust suppression kit to prevent dust becoming airborne.

Your employees should be warned:

A Prohibition Notice lasts for 5 years, is publicised or the HSE website and these days will cost the offending individual around £1500 in HSE fees! In addition, if the individual breaches health & safety legislation again within those 5 years, he may well be prosecuted.

….and You Can be Spotted Anywhere, Anyhow!

A Cambridgeshire stone-mason was prosecuted and fined a total of £6,400 after being spotted on a BBC TV programme cutting masonry with inadequate precautions to prevent unacceptable levels of airborne dust!

Having been spotted and reported by a viewer, the HSE visited the company workshop and issued an Improvement Notice in May 2010; the requirement to fit adequate ventilation had not been actioned before a second return HSE visit in June 2011, hence the prosecution.

Remember, enforcement does not require an accident – you can be reported by the public or just spotted in passing by the HSE.

And we would also remind everyone that the HSE still frequently carry out their ‘blitzes’ – where inspectors will (a) choose a target issue and then (b) stop at anything remotely resembling construction and inspect. On average, the blitzes stop work on a quarter of all sites visited!

INDUSTRY NEWS

WARNING – Laminated Timber Wall

A warning was issued by Galliford Try PLC regarding fire safety after a fire was evidently started by drilling into a laminated timber wall panel. The wall panel consisted of an insulated cavity with a Monarflex membrane, Rockwool insulation and metal studwork with two layers of plasterboard.

It appears that the heat generated by the bit as it drilled into the timber caused the Monarflex to melt and ignite the timber face within the cavity. The drill bit being used was standard issue but not specifically designed for use with timber; thus, it became clogged with sawdust causing the production of heat.

Recommendation from Galliford Try include:

- Design to form service penetrations before the installation of timber panels; avoid drilling once in situ

- Where drilling is unavoidable (a) use an auger-type bit specifically designed for use with timber (b) keep bits sharp and (c) consider forming an inspection hole before drilling to allow monitoring for fire

Golden rule? As WHS keeps emphasising, use: the right tool for the right job

New Wiring Requirements

No doubt this is well-known to you already but new IET Wiring Regulations became mandatory as from 1 January 2012.
Those electricians, M&E designers, etc who still do not have a copy should purchase BS 7671:2008+A1:2011 direct from BSI at the encouragingly low price (!!) of £80 to members.

Asbestos

Firstly, please see the attached article recently published in the Gas Engineer magazine. It is a very good and in-depth article giving examples of where ACMs may be found, and also the much heralded proposed changes in notification.

Secondly, the Australia Council of Trade Unions has submitted proposals to the Australian Government seeking that all buildings should be made clear of asbestos by 2030. Under the proposals, properties would be granted an Asbestos Safety Certificate so that residents and buyers were fully informed that there were no remaining health risks.

Brilliant! Why can’t the UK be similarly pro-active? The longer this issue is swept under the carpet (particularly with domestic dwellings), the more unnecessary risks will be taken by contractors and DIY occupants alike, and the more totally preventable deaths will occur.

On the domestic front, a word of serious warning. We have seen references to asbestos creeping into pre-purchase home survey packs – but, from what we’ve seen, it is a case of ‘a little bit of knowledge is a dangerous thing’. The information we have seen so far is based on supposition and assumptions. For example, evidently based on visual assessments only, ‘likely’ areas of contamination have been identified. Firstly, it is highly unlikely that the building surveyor in question would be experienced in asbestos identification; secondly, visual assessments were effectively outlawed years ago as even highly experienced asbestos surveyors would never assume to rely on visual identification; and thirdly, this gives rise to the erroneous belief that there will not be asbestos deposits elsewhere.

* And an important footnote – WHS has seen a lot of contractors accepting Type 2 (management) surveys for intrusive work; this is totally inadequate and leaves the contractor (as well as the client) open to prosecution. There must be a thorough and recent Type 3 (‘refurbishment’) survey in place before any person can disturb the fabric of the structure.

All personnel who have had Asbestos Awareness training will have been told this, and it must not be ignored or forgotten. Those who have not had training cannot disturb anything for any reason – and this includes cabling, window/door removal, and other ‘minor’ works.

Personal Safety

Following on from the comments regarding the risks with asbestos, all contractors working in existing structures must take full account of the prevailing and overall working environment. Sufficient and site-specific risk assessment MUST be carried out before starting work.

WHS clients have been given simple risk assessment templates and techniques with which to do this; and risk assessment must include the risks related to ‘lone’ working.

It is all too easy to say, particularly when most companies are under cost restrictions these days, that we ‘can’t afford to send two people’ to do a job. The employer must weight the cost of a second person against the potential cost of doing without that second person! Remember how much a serious accident can cost the employer… (according to the HSE’s estimate a few years ago) upwards of £1.7 million in total!

The higher the risks, the more the employer must resource properly; NO hazardous work (e.g. work at height, electrical and gas work, work in confined or restricted spaces, use of high risk plant and machinery, work in remote areas or derelict buildings, etc.) should ever be undertaken without a second person in attendance.

Safety at Height

We mentioned the Access Industry Forum (AIF) in the December 2011 newsletter (the body that covers all types of work at height and includes, as members, IPAF, PASMA, NASC, and the Ladder Association).

The AIF has produced a second series of free-to-view tool-box talk videos which cover everything from fall protection advice for mobile access towers through to the use of ladders in scaffolding. The videos are short (10 to 15 minutes in length), to the point, and are extremely good to either include within tool-box talks or use as tool-box talks in themselves.

Go to www.accessindustryforum.org.uk/vtt.htm to view the 15 videos, which can also be purchased for general use at £9.99 each.

Slips & Trips

Slip Alert (a company working alongside HSE to improve slip-resistant flooring and testing), has issued basic guidance for anyone looking at the suitability of proposed or existing flooring.

Called the ‘Three Layer Model’, the advice is to look for improvements in each ‘layer’:

The Human Layer   – why and how are people using the floor; type of pedestrian,
       conditions, likely footwear, direction of travel, movements, etc
The Barrier Layer   – water, dust, dirt, oils, waste, contamination, humidity, etc
The Floor Surface Layer  – roughness, surface depth, coatings, temperature, porosity,
                  absorbency, etc

Check all new floors will have sufficient slip resistance for the intended purpose; for instance, there is a great deal more slip resistance required for a kitchen floor subject to spills of oils and food than there is for general ‘wet’ areas. This should be investigated during design stage; it is no good finding the chosen flooring does not perform once in place. Contact WHS for assistance; we have a lot of practical and background knowledge on this issue.

In addition, testing or re-testing should be done periodically (at least annually in very vulnerable locations) to ensure that (e.g.) cleaning and general use has not reduced the slip resistance. Again, do contact WHS for advice or assistance.

Fork-Lifts

As we highlighted in our August 2011 newsletter, figures show that at least one person is hospitalised EVERY DAY by accidents with fork lift trucks, two-thirds of victims being pedestrians working or standing near-by.

The employer MUST sure that operators are properly trained and competent to drive fork-lifts. And never forget that the term ‘competence’ goes way further than just providing training; competence includes experience, fitness for the task, and trustworthiness.

Safe Company Driving

The employer is ultimately responsible for any driving on Company business, whether this is using a private or a company vehicle. WHS have covered this in training and newsletters have emphasised in the past the need for a tight company driving policy to lay down rules about (for example) who is responsible for: vehicle checks and maintenance, expected general condition, current and appropriate driving licenses, insurances, appropriate extra training, use of mobiles, smoking in company vehicles, inclement weather, hours of work and driving, home use of company vehicles, obeying the Highway Code, etc.

The International Institute of Risk and Safety Management (IIRSM) have produced a handbook to assist with establishing a good and effective management to suit all budgets. The Driving Safety handbook can be purchased from IIRSM direct from Amazon at £19.99 + P&P.

Stress jumps to top of sickness-absence chart

For the first time, stress has topped the list of reasons for long-term sickness absence among both manual and non-manual employees! For manual workers, stress has superseded musculoskeletal problems to become the chief cause of long-term absence. Which is probably no surprise to any of us!

The survey reveals a close connection between job securty and mental-health problems. Organisations preparing to make redundancies or carry out re-organisation are more likely to witness a rise in absenteeism. “Line managers need to focus on regaining the trust of their employees and openly communicating throughout the change process to avoid unnecessary stress and potential absences. They also need to be able to spot the early signs of people being under excessive pressure, or having difficulty coping at work, and to provide appropriate support.”

TUC general secretary Brendan Barber said too many employers take stress lightly. “Unfortunately, there is still a tendency among many employers to think of it as ‘just stress’ but this is a real issue, which can devastate people’s lives and tear apart families.”

Gill Phipps, HR spokesperson for Simplyhealth, which helped conduct the survey, said: “With many organisations looking for ways to save money, employee health and well-being shouldn’t be overlooked and should remain at the heart of the company. Benefits that engage employees do not have to be expensive. By introducing a recognition scheme, or equipping leaders with the skills they need to care for the health and well-being of their teams, employers can make small, affordable changes that make a positive difference.”

QUESTIONS & ANSWERS

A section to highlight and answer frequently asked or unusual questions from our clients

The perennial Winter question

Question: “Who is responsible for winter weather path clearance?”

Answer: We repeat advice given on several occasions before on this subject. The Health & Safety at Work Act 1974 and the Occupiers Liability Act place a responsibility on the employer, so far as is reasonably practicable, for the access and egress from its premises to be maintained in a condition that is safe and without risk to either its employees or other persons. Therefore, on an employer’s premises, arrangements should be made to minimise the risks presented from snow and ice by gritting, snow clearing or even closure of some routes.

The Government advises that “It is unlikely you’ll be sued or held legally responsible for any injuries on the path if you have cleared it carefully.” Provided the employer has done everything reasonable to keep work areas and walkways clear (and shutting areas which remain hazardous), it is unlikely that a case would be successful.

HUMAN RESOURCE NEWS

Unfair Dismissal
There will be an increase in the time period allowed to claim unfair dismissal from one to two years from 6th April 2012

Vocational Training
The Government are inviting businesses to bid for a share of £50m for vocational training for 2012/13 and £200m the year after. Full details of this opportunity have not been released just yet, we will include further details as soon as we can.

Rate Changes:
- Statutory guarantee payment will increase to £23.50 per day on 1 Feb 2012
- The tribunal compensation limit for unfair dismissal will increase to £72,300 on 1 February 2012
- Statutory sick pay will increase to £85.85 on 6 April 2012
- Statutory maternity, adoption and paternity pay will increase to £135.45 from 6 April 2012

Apprenticeships
There are plans to offer employers with up to 50 employees on inventive or £1,500 to encourage thousands of small firms to take on young apprentices from the ages of 16 to 24. For more information, call the employers helpline on 08000 150 600.

Pensions
From October 2012, employers will be required to automatically enrol ‘eligible jobholders’ into a pension scheme, and provide a minimum level of contribution.
Small businesses (under 50 employees) will have an additional year before this comes into force.

AND FINALLY………

Recent Accidents & Prosecutions

Personal responsibility

The law has always placed responsibility for safety on both the employer and employee; this is not new. Attention is now being focused more and more on irresponsible working by operatives – employees should warn ALL employees!

In addition to the incident highlighted on page 1, here is a further example:

- Street lighting operative, Joseph Parker, was personally fined a total of £5138 (including costs) as his actions (or ‘omissions’) directly resulted in a mother and child being hurt.

Whilst investigating a faulty street light in a busy area of Hackney for Volker Highways Ltd, he detached the reflector which then fell onto the pedestrians. Parker had been provided with sufficient barriers to segregate the public, and was fully aware of his duties.

All such incidents are totally avoidable – even seemingly minor works MUST be undertaken with safety of, not only the operatives, but the public always in mind.

Forklifts

- Vesuvius UK Ltd have been fined £24,000 after a worker suffered a fractured back and crushed disks when he fell from a forklift as the mobile ramp he was using separated from the lorry bed he was unloading from.

- Millennium Rubber International Ltd has been fined £90,000 and United Crane Services Ltd have been fined £10,000 after a worker fell from a container, designed for lifting materials only, that was being lifted on a forklift.

Work at Height

- Haz International Ltd has been fined £54,000 after workers were put at risk during refurbishment works at their offices. Three prohibition notices were issued to the Company for unsafe work at height. Photos below show two of the examples.

- A Leicester man has received a suspended prison sentence and ordered to pay compensation of £13,800 with costs of £17,337 after a worker fell 6 metres through a roof at a factory. Mr Suleman commissioned the work and failed to plan, supervise or ensure the work was carried out safely.

- Westland Nurseries (Offenham) Ltd were fined £12,000 after a worker fell through a glass roof and suffered serious head injuries and fractured his hand.

- Morris, Marshall and Poole estate agents have been fined £75,000 after an elderly maintenance worker was killed when he fell from a carport roof of a rented bungalow.

- Mr Mann, a Liverpool businessman has been fined £112,000 after a labourer died when he fell from the roof of an industrial unit off a narrow beam. Months before, a worker was injured in a fall on the same site. This image to the right was taken from a video on the victim’s mobile phone in the weeks before his accident.

- Two companies based in Ely have been fined a total of £68,000 after a worker broke his back when he fell from a roof void.

- Three Essex contractors have been fined a total of £53,000 after a roofer sustained life threatening injuries when he fell from scaffolding while re-roofing a domestic property.

- A roofer has been fined £350 with costs of £300 after he and two employees were spotted by an HSE Inspector (photo to the right) on a shop roof with no protection against falls from height.

LOLER/PUWER

- Spectra Scaffolding were fined £40,000 with costs of £45,000 after an HGV driver was crushed and will never walk again after the scaffold poles he was unloading using a vehicle mounted crane fell on top of him as a sling detached from a hook.

- JH Corruthers Ltd, a specialist crane supplier, was fined £180,000 after a worker was killed when a large steel beam fell on him.

Electric Cables

- RVB Investments Ltd have been fined £10,000 and its manager £2000 after two workers were engulfed in a fireball when they cut through a live 1000 volt cable at an industrial unit in Halesfield, Telford, in August 2010.

- Wain Homes (North West) Ltd were fined £8,000 when a worker cut into a live electric cable, throwing him across the room at the time and leaving him with serious psychological harm.

Demolition

- A demolition worker has been ordered to undertake community service after he accidentally knocked over a wall, crushing his co-worker and leaving him with serious leg injuries

Please remember to notify us if you have an accident or an incident

WHS is working for you.
Our aim is to keep people safe and, ultimately, to keep you and your employees working.

As always, if you need advice or assistance, or you have any queries or problems,
please do not hesitate to contact Wenlock Health & Safety Ltd on 0195

Newsletter February 2012 – General

Wenlockhs — Tue, 21 Feb 2012 13:27:55 +0000

COMPANY NEWS

First Aid Course Programme

A reminder that Wenlock Health & Safety Ltd (WHS) runs regular first-aid courses at their premises for up to 8 persons at a very advantageous daily rate; forthcoming dates are:

- 19th March
- 18th April

Safety Awards

After revealing the winners of our 2011 safety awards in our December newsletter, we are now pleased to be able to share these photos of the deserving winners. Congratulations to all!

HSE NEWS

HSE Enforcement…You Can be Spotted Anywhere, Anyhow!

Remember, enforcement does not require an accident – you can be reported by the public or just spotted in passing by the HSE.

And we would also remind everyone that the HSE still frequently carry out their ‘blitzes’ – where inspectors will choose a target issue and then stop at any premises they choose to inspect. On average, the blitzes stop work at a quarter of all premises visited!

INDUSTRY NEWS

WARNING – Laminated Timber Wall

Recommendation from Galliford Try include:

- Design to form service penetrations before the installation of timber panels; avoid drilling once in situ

Golden rule? As WHS keeps emphasising, use: the right tool for the right job

Asbestos

In our view, this is an extremely dangerous practice. The only way to find out whether there is asbestos present is by a competent asbestos surveyor taking samples within an appropriate level of survey*. Refer to the WHS Health & Safety Manual for full details or ring the office on 01952-433901.
* And an important footnote – WHS has seen a lot of cases where Type 2 (management) surveys are used for intrusive work (including cabling, window/door removal, and other seemingly ‘minor’ works); this is totally inadequate and leaves the contractor (as well as you the client) open to prosecution. There must be a thorough and recent Type 3 (‘refurbishment’) survey in place before any person can disturb the fabric of the structure.

Refer to your Health & Safety Manual for further details; or contact WHS Ltd.

Personal Safety

Following on from the comments regarding the risks with asbestos, all employers and employees must take full account of the prevailing and overall working environment. Sufficient and operation-specific risk assessment MUST be carried out before starting work

WHS clients have been given simple risk assessment templates and techniques with which to do this; and risk assessment must include the risks related to ‘lone’ working.

The higher the risks, the more the employer must resource properly; NO hazardous work (e.g. work at height, work in confined or restricted areas/spaces, use of high risk machinery, work in remote or unknown areas, etc.) should ever be undertaken without a second person in attendance.

Slips & Trips

Slip Alert (a company working alongside HSE to improve slip-resistant flooring and testing), has issued basic guidance for anyone looking at the suitability of proposed or existing flooring.

Called the ‘Three Layer Model’, the advice is to look for improvements in each ‘layer’:

The Human Layer – why and how are people using the floor; type of pedestrian,
conditions, likely footwear, direction of travel, movements, etc

The Barrier Layer – water, dust, dirt, oils, waste, contamination, humidity, etc

The Floor Surface Layer – roughness, surface depth, coatings, temperature, porosity,
absorbency, etc

Check all new floors will have sufficient slip resistance for the intended purpose; for instance, there is a great deal more slip resistance required for a kitchen floor subject to spills of oils and food than there is for ‘wet’ areas. This should be investigated during design stage; it is no good finding the chosen flooring does not perform once in place. Contact WHS for assistance; we have a lot of practical and background knowledge with this issue.

Fork-Lifts

Safe Company Driving

Stress jumps to top of sickness-absence chart

The survey reveals a close connection between job security and mental-health problems. Organisations preparing to make redundancies or carry out re-organisation are more likely to witness a rise in absenteeism. “Line managers need to focus on regaining the trust of their employees and openly communicating throughout the change process to avoid unnecessary stress and potential absences. They also need to be able to spot the early signs of people being under excessive pressure, or having difficulty coping at work, and to provide appropriate support.”

QUESTIONS & ANSWERS
A new section to highlight and answer frequently asked or unusual questions from our clients

The perennial Winter question

Question: “Who is responsible for winter weather path clearance?”

HUMAN RESOURCE NEWS

Unfair Dismissal
There will be an increase in the time period allowed to claim unfair dismissal from one to two years from 6th April 2012

Vocational Training
The Government are inviting businesses to bid for a share of £50m for vocational training for 2012/13 and £200m the year after. Full details of this opportunity have not been released just yet; we will include further details as soon as we can.

Pensions
From October 2012, employers will be required to automatically enrol ‘eligible jobholders’ into a pension scheme, and provide a minimum level of contribution.
Small businesses (under 50 employees) will have an additional year before this comes into force.

AND FINALLY………

Recent Accidents & Prosecutions

Personal responsibility

In addition to the incident highlighted on page 1, here is a further example:

- Street lighting operative, Joseph Parker, was personally fined a total of £5138 (including costs) as his actions (or ‘omissions’) directly resulted in a mother and child being hurt.

All such incidents are totally avoidable – even seemingly minor works MUST be undertaken with safety of, not only the operatives, but the public always in mind.

Forklifts

Others:

- Wain Homes (North West) Ltd were fined £8,000 when a worker cut into a live electric cable, throwing him across the room at the time and leaving him with serious psychological harm.

- Weldon Contracts Ltd, a hardwood floor company, has been fined £6,000 after a section of wood broke off while being cut and punctured a workers arm. The guard and riving knife had been removed for a previous task and not been replaced.

- JVM Castings Ltd were fined £6,000 with costs of £4,000 after an employee suffered serious burns on his arm, leg, shoulder and face when molten metal sprayed from the back of a machine.

- Watton Produce Company Ltd & SGA House Services Ltd have been fined a total of £8,000 after a cleaner’s hand was crushed while cleaning a conveyor belt. The worker’s hand required several skin grafts and surgery leaving him with 45% use of his damaged hand.

- Yorkshire Spin Galvanising Ltd have been fined £10,000 after a maintenance engineer was crushed by a 1.5 tonne weight landing on his back which left him with a broken shoulder, two cracked ribs and the tops of three vertebrae were snapped off.
(Photo to right)

- Dimentions (UK) Ltd, a social care organisation, has been fined £14,000 with costs of £30,000 after a support worker was kicked in the eye. The investigation found that they didn’t have adequate procedures in place to protect workers from this particular client.

- Yorkshire Traction Company Ltd has been fined £15,000 after a teenage apprentice was trapped under a 14 tonne bus when its air suspension failed. Working beside an experiences fitter, they decided to work on the breaking fault on the floor rather than over an inspection pit.

- Tata Steel UK Ltd have been fined £13,300 after two workers suffered badly broken lags when a roller shutter door they were repairing collapsed on them. The images below show the collapsed door and the damage to one of the workers’ hard hats, which looks to have saved his life.

Please remember to notify us if you have an accident or an incident

WHS is working for you.
Our aim is to keep people safe and, ultimately, to keep you and your employees working.

As always, if you need advice or assistance, or you have any queries or problems,
please do not hesitate to contact Wenlock Health & Safety Ltd on 01952-433901

Newsletter February 2012 – M&E

Wenlockhs — Tue, 21 Feb 2012 13:11:43 +0000

COMPANY NEWS

First Aid Course Programme

A reminder that Wenlock Health & Safety Ltd (WHS) runs regular first-aid courses at their premises for up to 8 persons at a very advantageous daily rate; forthcoming dates are:

- 19th March
- 18th April

Safety Awards

After revealing the winners of our 2011 safety awards in our December newsletter, we are now pleased to be able to share these photos of the deserving winners.
Congratulations to all!

HSE NEWS

HSE Enforcement Getting Very Personal

Your employees should be warned:

….and You Can be Spotted Anywhere, Anyhow!

Remember, enforcement does not require an accident – you can be reported by the public or just spotted in passing by the HSE.

INDUSTRY NEWS

New Wiring Requirements

No doubt this is well-known to you already but new IET Wiring Regulations became mandatory as from 1 January 2012.

Those who still do not have a copy should purchase BS 7671:2008+A1:2011 direct from BSI at the encouragingly low price (!!) of £80 to members.

WARNING – Laminated Timber Wall

Recommendation from Galliford Try include:

- Design to form service penetrations before the installation of timber panels; avoid drilling once in situ

Golden rule? As WHS keeps emphasising, use: the right tool for the right job

Asbestos

Personal Safety

WHS clients have been given simple risk assessment templates and techniques with which to do this; and risk assessment must include the risks related to ‘lone’ working.

And an important footnote here too – WHS is aware that many M&E maintenance/repair contractors are being put at great personal risk by accepting the risks posed by the existing working environment. Just remember that no work is work an employee’s safety (or life – we are aware of several circumstances where an employee could well have been killed).

Site-specific risk assessment MUST ensure that those undertaking the work are satisfied that sufficient and reasonable precautions can be taken to ensure their safety; if in doubt, the work cannot be done.

The client must address any shortcomings – he/she is just as responsible for the safety of anyone he/she engages!

Safety at Height

Go to www.accessindustryforum.org.uk/vtt.htm to view the 15 videos, which can also be purchased for general use at £9.99 each.

Safe Company Driving

Stress jumps to top of sickness-absence chart

QUESTIONS & ANSWERS
A new section to highlight and answer frequently asked or unusual questions from our clients

The perennial Winter question

Question: “Who is responsible for winter weather path clearance?”

HUMAN RESOURCE NEWS

Unfair Dismissal
There will be an increase in the time period allowed to claim unfair dismissal from one to two years from 6th April 2012

Rate Changes:
- Statutory guarantee payment will increase to £23.50 per day on 1 Feb 2012
- The tribunal compensation limit for unfair dismissal will increase to £72,300 on 1 February 2012
- Statutory sick pay will increase to £85.85 on 6 April 2012
- Statutory maternity, adoption and paternity pay will increase to £135.45 from 6 April 2012

AND FINALLY………

Recent Accidents & Prosecutions

Personal responsibility

In addition to the incident highlighted on page 1, here is a further example:

- Street lighting operative, Joseph Parker, was personally fined a total of £5138 (including costs) as his actions (or ‘omissions’) directly resulted in a mother and child being hurt.

All such incidents are totally avoidable – even seemingly minor works MUST be undertaken with safety of, not only the operatives, but the public always in mind.

Gas Safety

- Newcastle-under-Lyme Borough Council has been fined £20,000 and ordered to pay £25,550 costs for endangering people’s health after carbon monoxide leaked from a gas boiler at a community centre.

- A Croydon landlord has been fined a total of £24,000 and ordered to pay costs of £6,000 after five of his tenants needed hospital treatment for carbon monoxide poisoning. Mr Long from Croydon, pleaded guilty to breaching Gas Safety (installation and Use) Regulations.

- David Ian Douglas-Law, a landlord from Tenby, was fined £8,500 for failing to maintain a gas fire safely within one of his properties.

- Steven Paffett and Ben Leeming, employees and directors of PH Plumbing and Heating Engineers Ltd based have been handed suspended prison terms for falsely claiming to be Gas Safe registered engineers and leaving one local family in “immediate danger”. The men were found out when two householders complained separately to Gas Safe after having problems with work done at their homes. Both householders had been told by the firm that they were Gas Safe registered and one was given a business card with the Register’s logo on.

Asbestos

- Lincoln University was fined £10,000 and ordered to pay £12,759 costs for putting staff, students and contractors at risk of exposure to asbestos. The failings came to light when a lecturer and a colleague discovered debris in a broken door handle.

Other

- Kimberley-Clark was fined £180,000 and ordered to pay £20,000 in prosecution costs following the death of an employee. Short staffing at their factory in Barrow, Cumbria led Christopher Massey to volunteer to assist on a production line. He checked inside the cutting machine and part of the machinery that was still operating, struck him, causing severe head injuries, killing him immediately.

- Two companies have been fined after an employee fell eight metres from an aged cherry picker. Peter Cole was an experienced electrician employed by Amey Infrastructure Services. The MEWP was owned by Highland Access and rented to the firms. Neither company had adequate systems for checking and maintaining the machine. The firms were ordered to pay £30,000 each with £32,500 in prosecution costs.

Please remember to notify us if you have an accident or an incident

WHS is working for you.
Our aim is to keep people safe and, ultimately, to keep you and your employees working.

As always, if you need advice or assistance, or you have any queries or problems,
please do not hesitate to contact Wenlock Health & Safety Ltd on 01952-433901

Newsletter December 2011 – Construction

Wenlockhs — Wed, 15 Feb 2012 14:34:34 +0000

HAPPY CHRISTMAS TO ALL OUR CLIENTS
MAY 2012 BRING GREATER PROSPERITY TO EVERYONE IN THE CONSTRUCTION INDUSTRY

And the panto season is upon us with a word of warning to everyone –

watch out for sharp objects and wear appropriate p.p.e… or you may end up sleeping for 100 years!

COMPANY NEWS

Christmas Closedown

Please note that the Wenlock Health & Safety Ltd (WHS) offices will be closed from 5 pm on Thursday 22 December 2011 until 8 am on Tuesday 3 January 2012.

During that period, however, urgent assistance can still be sought on mobile 07866-605920

This number can also be used for assistance should the offices be forced to shut due to bad Winter weather; Ironbridge is a beautiful place in which to work but there are draw-backs when ice or snow makes it impossible to negotiate the surrounding slopes! We would ask our clients to bear with us during such periods.

And do remember that, before you close down for the Christmas break, make sure that all sites and workplaces are secure against unauthorised intrusion, with all fencing, hoarding, gates, etc being stable, serviceable and free from (e.g.) snagging hazards or risk of collapse. For companies with lengthy close-down periods, it is always advisable also to nominate a person or persons to check the integrity of the security measures periodically.

All areas of the sites and workplaces must also be left in a safe state to make sure that, so far as reasonably possible, any intruders or the first person to return to work after the break is not put at risk!

2011 Safety Awards

WHS is very happy to report that, during 2011, we found an increasing level of health & safety awareness and commitment within our client base despite the challenging economic environment currently being experienced by UK business as a whole.

It is, therefore, with the greatest of pleasure that we can announce our health & safety awards for 2011 as follows:

-Best Health & Safety Manager - Amanda Shepherd of Spelsberg els UK Ltd, Telford
- Best Health & Safety Management - The Project Group, Oswestry
- Highly Commended Health & Safety Management – Environmental Management & Services Ltd, Hereford
- Commitment to Continual Improvement – Taylor Hart, Warwickshire
- Best Designer Health & Safety Commitment – Trower Davies, Gloucester
- Commitment to Continual Training - Rodgers Leask Group, Derby

Congratulations and a very well done to all the winners. They are excellent examples of how the well-being of employees (who, after all, are the strength of any company) should be placed upper-most in the mind of management.

Of particular note must be Sylvia Earthy of The Project Group, a company who’s issues are especially difficult as they deal with very vulnerable sectors of society. Sylvia’s commitment to foreseeing as many possible issues and dealing with them in a pragmatic and sensible manner is exemplary, and has earned her a second award of this kind.

A Charity Appeal

Bandages and other non-medical first-aid supplies have a shelf life after which we dispose of them even when still wrapped. However, African countries can make use of these items as long as they are still wrapped, un-tampered with and sterile.

Some of our clients have very kindly donated quantities of bandages and plasters already (thank you), and these will be distributed to Ethiopian doctors who are in need of all types of supplies. Rather than just binning basic first-aid supplies, please could clients pass them to WHS (perhaps when one of our advisors next visits or is passing) – we would be very grateful indeed, thank you.

First Aid Programme

A reminder that Wenlock Health & Safety Ltd (WHS) runs regular first-aid courses at their premises for up to 8 persons; forthcoming dates are:

- 5 December 2011
- 27 January 2012

We can also provide first-aid training at customers’ premises for up to 10 persons on a date to suit. Please ring Jarmila on the WHS office number: 01952-433901 for further details.

HSE NEWS

RIDDOR Reportable Injuries

WHS has advised previously of a forthcoming change to the RIDDOR reporting of over-3-day injuries to over-7-days. The HSE has now advised that this change will not take place until April 2012 at the earliest. WHS will keep you posted but, until the change is verified, all employers must still report (on-line) all over-3-day injuries to the HSE.

Note that the change regarding how to report has already come into force and most incidents should now be reported online – only major injuries, fatalities and dangerous occurrences should be reported over the telephone.

Go to: www.hse.gov.uk/riddor/index.htm

INDUSTRY NEWS

Bad Weather

As we approach the possibility of bad Winter weather, it is worth reminding companies that the responsibility for keeping a safe working area is the employer’s and, if it becomes impossible to keep premises or site entrances, walkways, car-parking or working areas free from ice and hazardous conditions, then these areas must closed to access.

Just a reminder – for owned commercial premises, your land is your responsibility. If you’re in managed premises, you need to agree a way forward with the landlord. However, NEVER clear area which is either public or not your responsibility; a good turn may back-fire! Please call us if you have any queries

We should also remind companies that ice and snow are not the only weather conditions that may compromise safe working conditions. Other factors such as heavy rain and floods, high winds, extremes of temperature, etc could all affect safety and the well-being (health) of the individual – they must all be properly considered within site-specific risk assessment.

It is a general rule of thumb that no roofwork should be undertaken when wind speeds exceed 28mph; this should also be taken as a guideline for scaffolding erection/removal and all other external work at significant height. In addition, there is a school of thought that says that no such work should be undertaken for 1 hour after a lightning storm because of possible static build-up. Although there seems to be no firm grounds for this proviso, again each site and each circumstance must be properly assessed; when in doubt, no work should be permitted.

Vibration and Other Health Issues

As always, you must use the right tool for the job – and this includes using a tool that will reduce risks from manual handling, vibration, noise, dermatitis and other health issues.

A gentle reminder here that assessments on the effects of vibration with hand-held or hand-controlled equipment must be carried out by law to ensure that employees are aware of the safe duration for usage. Still very few of our clients have carried this out; it can be done by the employer or WHS can assist if required.

However, as with all risks, the first choice always should be to eliminate the risk where at all possible; in the case of vibration, this could mean either better design or using non-manual equipment. So be a little more inventive….

Some time ago, one of our clients, Ferco Seating Systems Ltd of Telford was faced with the task of drilling 80,000 holes to fix new seating at the Arsenal Football Ground. To guard against severe health risks (from vibration), they invented a light-weight, wheel-mounted machine which drilled pairs of holes in both the vertical and horizontal plane with the press of a button.

Brilliant – and for that, they not only won a prestigious safety award, but could also guarantee that holes were placed perfectly (a potential cost-saving in itself).

The Importance of Communication

WHS has always thought that the secret of a good and effective health & safety culture is communication.

Having a Health & Safety Policy, procedures and method statements, risk assessments, etc is only the start; all relevant issues and controls must be discussed with the workforce to ensure a full understanding. Open communication is also essential to encourage general discussion and feedback – and this communication must relate to, not only work processes, but the well-being of the individual as well.

.…and Ensuring Fitness for Purpose

WHS provide Employee Health & Safety Induction as a good starting point; this details very basic company-based and legal requirements to ensure individuals understand how they are expected to keep themselves safe. Included in this Induction is the requirement to notify the employer of any medical condition or disability that may compromise either the safety or the well-being of the individual.

A gentle reminder here also that this issue must be taken seriously by both the employer and the employee. It must be explained to employees that this requirement is there to ensure they are given safe tasks; and employers must assess the individual’s capabilities in light of the declared condition.

We have come across several potentially serious cases recently where the employee has notified the employer of a medical condition or disability but nothing has been done to assess the potential resultant hazards. Even everyday ‘disabilities’ such as poor eyesight or deafness could have catastrophic consequence in hazardous workplaces. Although employers can do nothing if not made aware, if a condition is declared or apparent, the employer MUST ensure the issue is properly assessed and either suitable controls established or safer tasks given.

The employer is responsible for ensuring that ALL employees are ‘fit for purpose’

Ladder Safety

Unlike what some people will say, nobody has ever banned ladders…but they do not make good working platforms so should be avoided where an alternative would be more appropriate.

The golden rule is:

If it’s right to use a ladder, use the right ladder, and get trained to use it safely.

It might sound overkill to recommend ladder training, but you can never assume people know how to use such equipment safely. The Ladder Association, in conjunction with the HSE, has just launched the Advocate Scheme which gives appropriate training courses and results in the issue of a recognised skill card as proof of competence – which, dare we say, may go some way towards arguing the case against blanket rules on step-ladder use.

Go to www.ladderassociation.org.uk for full details
In addition, and because of the continued use of inappropriate classifications of ladders and step-ladders, the Access Industry Forum (which covers all work at height and includes membership from the HSE, IPAF, PASMA, NASC, LA, SAEMA, WAHSA, etc) is working towards new and more robust ladder standards in the next year or so.

In the meantime, make sure you get the right ladder for the job:

And made of a suitable material…

The Importance of Good Site Organisation

Following on from the report in the last WHS newsletter of the canopy collapse at local new-build school Abraham Darby Academy, the photos below may give some clue as to why the collapse happened.

Pure conjecture on our part but could it be that plant movements (related to materials seemingly stored either around or very close to the support) could have contributed to the collapse?

It is vitally important for contractors to organise sites to ensure vehicle and plant movements are segregated to avoid contact with both those on foot and vulnerable areas such as fuel bowsers and scaffold support.

And clients and designers must also bear this in mind during outline design stage. It is a CDM duty to ensure that risk is designed out where at all possible – and this includes ensuring adequate space is made available for welfare, storage, vehicle and plant movements, and the work itself.

‘RAMSs’

The term ‘RAMSs’ is commonly used these days for a single document encompassing both the risk assessment and a subsequent method statement. The use of a single document is perfectly acceptable if both elements (the risk assessment and the method statement) contain sufficient detail. However, it is commonly found that:

- hazards are briefly identified at the beginning of the RAMS
- little subsequent reference is made to proper risk assessment and/or resultant controls
- the main bulk of the text refers to the methodology

It must be pointed out here that adequate risk assessment is required by law to effectively cover all operations; the degree of detail will depend on the hazards and intricacy of the task, site or premises. The risk assessment must relate to the prevailing environment, hence generic assessments are inadequate in all but the most basic of circumstances.

Good risk assessment must be undertaken and written down prior to the methodology being decided. Ideally, the risk assessment should be written down as a separate document; the method statement then follows suit, using the conclusions from the assessment. However, if a single RAMS format is used, it must still contain the same elements; do not cut corners

It is not only wrong in law to treat the hazards, risks and subsequent controls in a cursory or generic way, but it may also demonstrate that there is either insufficient knowledge of the risks or a lack commitment to adequately controlling them.

Those writing risk assessments must be competent to do so (knowledge, experience an capability). Should WHS clients have any problems related to the requirements or writing of risk assessments, please do not hesitate to contact a consultant on 01952-433901.

QUESTIONS & ANSWERS

A new section to highlight and answer frequently asked or unusual questions from our clients

The Level of Health & Safety Fines

Question: “Why do the values of health & safety prosecution fines vary so greatly?” and “What is the point in fining a small company as it will only wipe them out?”

Answer: The level of fines is indeterminate in law; the aim of the fine is to ‘hurt’ but not to break the offending company. Hence, large multi-million pound companies may be fined hundred of thousands of points for a death whilst a very small company will only be fined tens of thousands for the same offence. But it is not the fine that kills the company, it is the subsequent undermining of the company’s reputation that destroys its client-base and workload.

There are many, many instances of companies being fined small amounts of (e.g.) £10,000 or similar for fairly major breaches of law, but being wiped out by the knock-on effects of the prosecution – or even just the incident itself before any court appearance.

We remind all companies that the HSE estimated several years ago that the true cost of a fatality is in excess of £1.7 million – can any but the largest companies absorb such a cost and survive?

And prohibition and improvement notices (where there is no court appearance) can be just as damaging for the company’s reputation – and pocket.

ENVIRONMENTAL

Changes to the Waste Regulations 2011

Regulation 12 of the Waste (England and Wales) Regulations 2011 came into force on 28 September 2011 which says that businesses who import, produce, collect, transport, recover or dispose of waste, or who operate as dealers and brokers, must take all reasonable measures to apply the waste hierarchy when the waste is transferred, and comply with any permit conditions (issued after 29 March 2011) concerning the application of this waste hierarchy.

Those companies already operating site waste management plans will be used to the requirements already. In general, the waste ‘hierarchy’ gives top priority to preventing waste in the first place; when waste is created, the priority is preparing it for re-use, then recycling, then other recovery such as energy recovery, and last of all disposal.

Those who already have access to a WHS Environmental Management System can find basic information in Section E; those who do not would benefit from requesting one from WHS now!
Also, please refer to the WRAP website which, once registered, can help you review options.

ENCLOSURES

- Incident Reporting Form
This form should be used to inform WHS Ltd of any accident or significant incident whether or not you wish us to investigate. It is important for WHS to kept aware.

AND FINALLY………

Wouldn’t it be great if we could all reach Christmas 2012 alive and well? Some won’t even see this Christmas…

Recent Accidents & Prosecution

Asbestos

- A London contractor, Fadil Adil, was fined £19,300 after potentially exposing workers to asbestos when asbestos insulating boards were removed using sledgehammers and hand-operated breakers.

- JC Irvine Ltd has been fined £12,000 after workers were exposed to asbestos fibres having carried out a refurbishment with no asbestos survey in place.

Fire Safety

- Showhouse Furniture Ltd and two of its Directors have been fined a total of £6100 with costs to pay of £6000 after Fire Safety Inspectors were called to their premises following a fire last year. They came across a number of ‘safety critical’ breaches, including blocked fire escapes.

Temporary Works

- Henry Brothers Ltd has been fined £75,000 after a section of a portable office collapsed on top of a worker, killing him. The investigating HSE inspector said that the instability of temporary offices should have been known.

Live Services

- A teenager has died after the cherry picker he was operating came into contact with live overhead electric cables in October. The HSE are currently investigating.

Employee Responsibility

- A lorry loader operator in Somerset has been fined after he crushed another worker when he tried to lift him from the roof of a building using a brick clamp. Mr Pratton was fully trained to use the lorry loader and have over 20 years experience – the worker, Mr Hoy, was trying to gain a foot or hand hold on the clamp ready to be lifted down when Mr Pratton pressed the wrong switch

COSHH

- Variable Message Signs Ltd has been fined £5,500 for failing to protect employees from developing occupational asthma. They hadn’t provided any ventilation while workers were soldering for 4 hours a day using rosin-based flux, known to cause asthma.

Lifting Operations

- Parker Plant Ltd have been fined £180,000 and ordered to pay costs of £47,500 after a worker died instantly when a 1.5 tonne structure became dislodged and fell on his head. The two 9 meter steel structures were being lifted with an overhead travelling crane when one was dislodged.

Roof Works/Work at Height

- (Right Photo) Ashacre Scaffolding Ltd has been fined £15,000 after a grandmother was hit on the head by a scaffold pole when she walked down an alleyway by one of their structures. Once their job had been completed, Ashacre were instructed to remove the scaffolding as it was considered to be a potential danger to the public, while dismantling it, proper precautions hadn’t been taken to protect the public. The 5ft pole left her with injuries to her head and face.

- J Mills (Contractors) Ltd were fined £145,000 after an employee had fallen 10 meters through a fragile roof onto concrete in 2007. The casualty then developed post-traumatic epilepsy from injuries to the head and died 2 years later after a seizure.

- The Director of Roofwise (UK) Ltd has been fined £3500 after the Landlord of a building died when he fell through the roof made from asbestos cement and fragile roof lights, while they were standing discussing future repair works. The Director, Kristan Varnam, was found guilty of failing to ensure the safety of himself and others.

- Two roofers received sentences of 18 weeks and ordered to pay £2114 in costs after a roll of roofing felt fell through an unguarded roof light of an office, leaving an office worker below with head, shoulder and arm injuries.

- Roofer Colin Howles has been fined £350 with costs of £600 after him and a colleague were photographed by a passing HSE inspector replacing tiles on a roof with no scaffolding protecting them from a 6 meter drop. Scaffolding had been erected at the front of the house but none at the rear.

Please remember to notify us if you have an accident or an incident

WHS is working for you.
Our aim is to keep people safe and, ultimately, to keep you and your employees working.

As always, if you need advice or assistance, or you have any queries or problems,
please do not hesitate to contact Wenlock Health & Safety Ltd on 01952-433901

Newsletter December 2011 – General

Wenlockhs — Wed, 15 Feb 2012 14:14:07 +0000

HAPPY CHRISTMAS TO ALL OUR CLIENTS
MAY 2012 BRING GREATER PROSPERITY TO EVERYONE

And the panto season is upon us with a word of warning to everyone –

watch out for sharp objects and wear appropriate p.p.e… or you may end up sleeping for 100 years!

COMPANY NEWS

Christmas Closedown

Please note that the Wenlock Health & Safety Ltd (WHS) offices will be closed from 5 pm on Thursday 22 December 2011 until 8 am on Tuesday 3 January 2012.

During that period, however, urgent assistance can still be sought on mobile 07866-605920

2011 Safety Awards

It is, therefore, with the greatest of pleasure that we can announce our health & safety awards for 2011 as follows:

- Best Health & Safety Manager - Amanda Shepherd of Spelsberg els UK Ltd, Telford
- Best Health & Safety Management - The Project Group, Oswestry
- Highly Commended Health & Safety Management – Environmental Management & Services Ltd, Hereford
- Commitment to Continual Improvement – Taylor Hart, Warwickshire
- Best Designer Health & Safety Commitment - Trower Davies, Gloucester
- Commitment to Continual Training - Rodgers Leask Group, Derby

A Charity Appeal

First Aid Programme

A reminder that Wenlock Health & Safety Ltd (WHS) runs regular first-aid courses at their premises for up to 8 persons; forthcoming dates are:

- 5 December 2011
- 27 January 2012

We can also provide first-aid training at customers’ premises for up to 10 persons on a date to suit. Please ring Jarmila on the WHS office number: 01952-433901 for further details.

HSE NEWS

RIDDOR Reportable Injuries

Go to: www.hse.gov.uk/riddor/index.htm

INDUSTRY NEWS

Bad Weather

Vibration and Other Health Issues

As always, you must use the right tool for the job – and this includes using a tool that will reduce risks from manual handling, vibration, noise, dermatitis and other health issues.

Brilliant – and for that, they not only won a prestigious safety award, but could also guarantee that holes were placed perfectly (a potential cost-saving in itself).

The Importance of Communication

WHS has always thought that the secret of a good and effective health & safety culture is communication.

.…and Ensuring Fitness for Purpose

The employer is responsible for ensuring that ALL employees are ‘fit for purpose’

Ladder Safety

Unlike what some people will say, nobody has ever banned ladders…but they do not make good working platforms so should be avoided where an alternative would be more appropriate.

The golden rule is:

If it’s right to use a ladder, use the right ladder, and get trained to use it safely.

Go to www.ladderassociation.org.uk for full details

In addition, and because of the continued use of inappropriate classifications of ladders and step-ladders, the Access Industry Forum (which covers all work at height and includes membership from the HSE, IPAF, PASMA, NASC, LA, SAEMA, WAHSA, etc) is working towards new and more robust ladder standards in the next year or so.

In the meantime, make sure you get the right ladder for the job:

QUESTIONS & ANSWERS

A new section to highlight and answer frequently asked or unusual questions from our clients

The Level of Health & Safety Fines

Question: “Why do the values of health & safety prosecution fines vary so greatly?” and “What is the point in fining a small company as it will only wipe them out?”

We remind all companies that the HSE estimated several years ago that the true cost of a fatality is in excess of £1.7 million – can any but the largest companies absorb such a cost and survive? And prohibition and improvement notices (where there is no court appearance) can be just as damaging for the company’s reputation – and pocket.

ENVIRONMENTAL

Changes to the Waste Regulations 2011

ENCLOSURES

- Incident Reporting Form
This form should be used to inform WHS Ltd of any accident or significant incident whether or not you wish us to investigate. It is important for WHS to kept aware.

AND FINALLY………

Wouldn’t it be great if we could all reach Christmas 2012 alive and well? Some won’t even see this Christmas…

Recent Accidents & Prosecutions

Asbestos

- A London contractor, Fadil Adil, was fined £19,300 after potentially exposing workers to asbestos when asbestos insulating boards were removed using sledgehammers and hand-operated breakers.

- JC Irvine Ltd have been fined £12,000 after workers were exposed to asbestos fibres having carried out a refurbishment with no asbestos survey in place.

Fire Safety

Temporary Works

- Henry Brothers Ltd have been fined £75,000 after a section of a portable office collapsed on top of a worker, killing him. The investigating HSE inspector said that the instability of temporary offices should have been known.

Work Equipment

- Dugdale Nutrition were fined £7000 after an employee lost 2 fingers when he was working on a conveyor that got switched on from a main control room. The worker was unable to use the isolator switch as it was located 3 meters above the ground.

Live Services

- A teenager has died after the cherry picker he was operating came into contact with live overhead electric cables in October. The HSE are currently investigating.

COSHH

- Variable Message Signs Ltd have been fined £5,500 for failing to protect employees from developing occupational asthma. They hadn’t provided any ventilation while workers were soldering for 4 hours a day using rosin-based flux, known to cause asthma.

Employee Responsibility

Lifting Operations

Roof Works/Work at Height

Please remember to notify us if you have an accident or an incident

WHS is working for you.
Our aim is to keep people safe and, ultimately, to keep you and your employees working.

As always, if you need advice or assistance, or you have any queries or problems,
please do not hesitate to contact Wenlock Health & Safety Ltd on 01952-433901

Newsletter December 2011 – M&E

Wenlockhs — Wed, 15 Feb 2012 13:57:06 +0000

HAPPY CHRISTMAS TO ALL OUR CLIENTS
MAY 2012 BRING GREATER PROSPERITY TO EVERYONE

And the panto season is upon us with a word of warning to everyone –

watch out for sharp objects and wear appropriate p.p.e… or you may end up sleeping for 100 years!

COMPANY NEWS

Christmas Closedown

Please note that the Wenlock Health & Safety Ltd (WHS) offices will be closed from 5 pm on Thursday 22 December 2011 until 8 am on Tuesday 3 January 2012.

During that period, however, urgent assistance can still be sought on mobile 07866-605920

2011 Safety Awards

It is, therefore, with the greatest of pleasure that we can announce our health & safety awards for 2011 as follows:

- Best Health & Safety Manager - Amanda Shepherd of Spelsberg els UK Ltd, Telford
- Best Health & Safety Management - The Project Group, Oswestry
- Highly Commended Health & Safety Management – Environmental Management &
Services Ltd, Hereford
- Commitment to Continual Improvement – Taylor Hart, Warwickshire
- Best Designer Health & Safety Commitment - Trower Davies, Gloucester
- Commitment to Continual Training - Rodgers Leask Group, Derby

A Charity Appeal

A reminder that Wenlock Health & Safety Ltd (WHS) runs regular first-aid courses at their premises for up to 8 persons; forthcoming dates are:

- 5 December 2011
- 27 January 2012

We can also provide first-aid training at customers’ premises for up to 10 persons on a date to suit. Please ring Jarmila on the WHS office number: 01952-433901 for further details.

HSE NEWS

RIDDOR Reportable Injuries

Go to: www.hse.gov.uk/riddor/index.htm

INDUSTRY NEWS

Bad Weather

Vibration and Other Health Issues

As always, you must use the right tool for the job – and this includes using a tool that will reduce risks from manual handling, vibration, noise, dermatitis and other health issues.

Brilliant – and for that, they not only won a prestigious safety award, but could also guarantee that holes were placed perfectly (a potential cost-saving in itself).

The Importance of Communication

WHS has always thought that the secret of a good and effective health & safety culture is communication.

.…and Ensuring Fitness for Purpose

The employer is responsible for ensuring that ALL employees are ‘fit for purpose’

Ladder Safety

Unlike what some people will say, nobody has ever banned ladders…but they do not make good working platforms so should be avoided where an alternative would be more appropriate.

The golden rule is:

If it’s right to use a ladder, use the right ladder, and get trained to use it safely.

In the meantime, make sure you get the right ladder for the job:

‘RAMSs’

QUESTIONS & ANSWERS

A new section to highlight and answer frequently asked or unusual questions from our clients

The Level of Health & Safety Fines

Question: “Why do the values of health & safety prosecution fines vary so greatly?” and “What is the point in fining a small company as it will only wipe them out?”

We remind all companies that the HSE estimated several years ago that the true cost of a fatality is in excess of £1.7 million – can any but the largest companies absorb such a cost and survive?

And prohibition and improvement notices (where there is no court appearance) can be just as damaging for the company’s reputation – and pocket.

ENVIRONMENTAL

Changes to the Waste Regulations 2011

Energy Cost Reduction

The Carbon Trust is today launching a new business to help UK companies reduce their energy costs and install greener, more efficient technology. The launch comes as a new survey by the Carbon Trust has found that 76% of companies are more concerned than they were six months ago by rising energy costs and are very concerned about its impact on their business.

The new business, Carbon Trust Implementation services, provides independent, objective evaluation of the most effective energy efficiency and renewable energy technologies for a company. This unique service is funded by a flat rate commission from suppliers, meaning there is no cost to the company itself in obtaining this support.

The Carbon Trust states: “The new business will help unlock £9 billion of investment into energy efficient equipment. We are confident that our new business will catalyse organisations to take action and in turn benefit from implementing cost effective energy efficiency and renewable energy projects and help the UK capitalise on green growth.”

The new service goes hand-in-hand with the flexible Energy Efficiency Financing scheme that the Carbon Trust and Siemens Financial Services Ltd (SFS) launched in April 2011, the aim of which is to provide UK businesses with green equipment finance worth up to £550 million over the next three years.

ENCLOSURES

- Incident Reporting Form
This form should be used to inform WHS Ltd of any accident or significant incident whether or not you wish us to investigate. It is important for WHS to kept aware.

AND FINALLY………
Wouldn’t it be great if we could all reach Christmas 2012 alive and well? Some won’t even see this Christmas…

Recent Accidents & Prosecutions

Asbestos

- A London contractor, Fadil Adil, was fined £19,300 after potentially exposing workers to asbestos when asbestos insulating boards were removed using sledgehammers and hand-operated breakers.

- JC Irvine Ltd has been fined £12,000 after workers were exposed to asbestos fibres having carried out a refurbishment with no asbestos survey in place.

Fire Safety

COSHH

Employee Responsibility

Gas Work

- BR Greenwell Heating and Plumbing Services have been fined £5000 and ordered to pay costs of £8000 after an engineer called in to investigate a gas leek was almost killed by carbon monoxide poisoning following faulty work on a boiler. Tests showed the level was 16 times over the maximum.

- A gas fitter, Anthony Goddard, was fined £600 and ordered to pay costs of £2700 after he installed a boiler while not being Gas Safe registered. Another engineer, called in for other reasons, noticed the work was not done to current standards. Mr Goddard had previously signed a document from the HSE pledging not to undertake work on gas appliances until he was registered, and he showed his customer a signed document that implied he was registered to do the work which included a false registration number.

- Stephen Jonathan has been sentenced to 2 years in prison after committing a total of 6 offences and endangering lives. He installed a boiler and central heating at two houses while falsely claiming he was a Gas Safe Registered engineer. The owner of the house reported the boiler to the manufacturer for being faulty; the engineer they sent had to cut off the gas straight away and declared it ‘immediately dangerous’.

- Janusz Mazur, a self employed gas fitter, has been fined £600 with costs of £1994 after he misled a customer, telling them he was legally registered and carried out work that then endangered lives.

- A self employed builder, Kevin Graham, who was not a Gas Safe Registered engineer, has been given community service after he installed a gas fire at a property claiming it was relatively easy as he’d done it in his own home. After using the fire for around 6 months, the owner of the property called an engineer to look at it as they could smell gas. The engineer found a number of faults including loose fittings and the flue wasn’t functioning properly.

Can you see a pattern?
It is a legal requirement to be on the Gas Safe Register to carry out any of this type of work. You can double check by calling Gas Safe on 0800 408 5500 or gassaferegister.co.uk

Please remember to notify us if you have an accident or an incident

WHS is working for you.
Our aim is to keep people safe and, ultimately, to keep you and your employees working.

As always, if you need advice or assistance, or you have any queries or problems,
please do not hesitate to contact Wenlock Health & Safety Ltd on 01952-433901

Newsletter October 2011 – Construction

Wenlockhs — Wed, 19 Oct 2011 11:23:14 +0000

COMPANY NEWS

First Aid Course Programme

A reminder that Wenlock Health & Safety Ltd (WHS) runs regular first-aid courses at their premises for up to 8 persons at a very competitive rate; forthcoming dates are:

- 9 November 2011
- 12 December 2011

We can also provide first-aid training at customers’ premises for up to 10 persons. Please ring Jarmila on the WHS office number: 01952-433901 for further details.

HSE NEWS

HSE Charging for Enforcement!

Be warned – the HSE will shortly be recovering costs of enforcement intervention. A consultation document is currently available for comment in relation to the Health & Safety (Fees) Regulations 2010 which will probably come into force as from April 2012.

Although we are still technically at consultation stage, the industry feels that it is a foregone conclusion that the HSE will charge – the only question being, how much and for what? Current estimates indicate that charges will be levied at £133 per hour, putting the average cost of a letter advising of a potential breach being £750 and an enforcement notice £1500. Costs for investigations will obviously be huge, with technical support being charged in addition.

Although WHS views the hourly rates quoted as unreasonably high, we are in favour of the move as it does create an added incentive to get things right.

Many contractors, clients, designers, etc receive written notification each year of potential breaches, and this tends to be seen as relatively unimportant; equally, improvement notices (and often prohibition notices) also tend to be regarded as a risk worth taking and causing minor inconveniences only.

Enforcement is there to help stop injury and ill-health – it is there for the good of everyone. If a responsible attitude currently seems to be missing in many cases, then financial penalties such as HSE cost recovery ahead of the injury or ill-health can only prove to be an additional deterrent.

Scaffolding Safety

The HSE are actively targeting scaffolding contractors to ensure that current standards are being met for the safety of the users, the public, and the scaffolders themselves.

Industry scaffold design standards, e.g. TG4 (anchors), TG9 (roof work) and TG20 (structural design) and the procedure for safer erection (SG4) have both been around for many years and are updated regularly to raise standards. There is no excuse for any scaffold contractor to be ignorant of, or fail to adhere to, either the design standards or SG4, and the HSE is now actively enforcing strict adherence.

All scaffolders and all scaffold/temporary works designers must be suitably trained and must be capable of compliance.

It is a client (the engaging company) responsibility to ensure that contractors and designers can provide evidence of suitable training and competent design – something that can be quite difficult to do unless aware of the facts. Before you engage scaffolders, please do contact WHS on 01952-433901 for further advice.

Tower Scaffolding Safety

In addition, WHS advisors are still reporting very poor standards of erection and use of scaffold towers.

A reminder that all tasks must receive suitable training – and obviously the level of training relates to the risks from the task. Towers can be lethal if not erected correctly or where prevailing risks are not recognised. Therefore, a good level of training must be given; it is unwise to rely on the brief talk given by suppliers.

Although not mandatory, PASMA training has become a recognised industry standard and should be considered. It is only a one-day course, is relatively cheap, and there are trainers in all areas. The HSE helped develop and now recognises the course as suitable (refer to the HSE Construction Information Sheet No.10 Rev.4, available on www.hse.gov.uk); make sure all employees who need to erect, move or disassemble towers are properly trained.

Fire Safety on Construction Sites

Version 2 of HSE Guidance Notes for safety on construction sites (HSG168;223) is now available free of charge to download through www.hse.gov.uk/pubns/books/hsg168.htm

It contains valuable information concerning on-site risk assessment, potential pitfalls, etc and is essential reading for the construction or refurbishment of any significantly sizeable structure.

A reminder here that fire and emergency alarm systems and procedures apply just as much to structures under construction or refurbishment as they do to completed buildings. They require frequent recorded testing to make sure everything still works and does the job properly (make sure all persons on site, including those tucked away for a private moment in the toilets, can actually hear the alarm!). In addition, it is vital to ensure that systems and procedures are modified if necessary as construction progresses in order to maintain effectiveness.
There are many products on the market these days to help establish a good fire system on site. For larger sites, it would be worth considering the Ramtech fully portable and re-usable wireless system – the Wireless Emergency System (WES), which is fully weatherproof, has a range of up to 2 kilometres and can be rented or purchased. Visit www.ramtech.co.uk or ring 0115-988 7090

Changes to HSE Reporting and Information Service

New incident reporting arrangements have now come into force (from 12 September 2011). Only fatal, major injuries and incidents (‘dangerous occurrences’) can now be reported over the phone, and all other reportable (under RIDDOR) incidents or accidents are to be reported via one of seven online forms on the HSE’s website.

This should be an easy transition to make as over half of reportable injuries are already notified to the HSE online.

Also, the HSE’s Infoline will be ending its service from 30 September 2011 as relevant information can then be found on their website using interactive tools; a huge bank of information is available to access free of charge.

For guidance on what is classed as a ‘major injury’ or incident, visit:
http://www.hse.gov.uk/riddor/what-must-i-report.htm

For the online reporting forms, visit:
http://www.hse.gov.uk/riddor/report.htm

More RIDDOR Changes

Currently, the period of absence after which you must report an accident or incident to the HSE is 3 days (known as ‘over-three- day injuries’). This will be changing from April 2012 to 7 days following a public consultation period in which two thirds of people were in favour of the change.

Also, dutyholders are currently required to notify the HSE within 10 days of the incident occurring, which was noted during the discussions and a decision was made to increase this to 15 days from April 2012 also.

INDUSTRY NEWS

Temporary Works

The British Standard BS:5975 for all types of temporary works (‘any temporary structure used to support a permanent structure while it is not self-supporting e.g. scaffolding’) is currently under review. A draft is currently available on-line for comment.

The recent catastrophic collapse at our local new-build Abraham Darby Academy is timely reminder of the seriousness of designing, constructing, supervising and continually monitoring the effectiveness and safe condition of all types of temporary works.

The current BS 5975 gives recommendations for the procedures required to ensure that temporary works are conceived, designed, specified, constructed, used and dismantled all in a safe and controlled manner. It also covers:
- Materials, including material factors
- Loads and load factors
- Design of falsework, including both proprietary equipment and traditional scaffold solutions
- Wind loading (reference to temporary and permanent stability)
- Reference to other British Standards for the design of structural steelwork, reinforced concrete and excavation support

And a reminder that:
- There should be a temporary works co-ordinator (TWC) to ensure proper procedural controls of all temporary works
- The design of temporary works is included under ‘design’ in CDM and therefore all designers’ duties also apply to temporary works designers
- Those involved with temporary works likely to be affected by weather (e.g. scaffold canopies) MUST be familiar with current standards (e.g. wind loadings BS EN 191-1-4; snow loadings BS EN 191-1-3, and those mentioned above)

The collapse at Abraham Darby was high-profile; however, the same principles apply to more routine, commonplace temporary works such as ground/excavation support. The ground can be considered the ‘structure’ and the same principles apply. Unfortunately, very few contractors consider this as temporary works worthy of proper design, supervision and control – hence we still see many totally preventable fatalities and serious incidents resulting from very poor standards of (or completely missing!) ground support systems.

Mock Trial for Construction Companies

In a bid to bring home the importance of taking health and safety seriously, a group of people made up of company directors, lawyers and magistrates, will play parts in a pretend legal scenario at Telford Magistrates Court on 21 October.

The mock trial is being organised by Barbara Cliff of the HSE on behalf of the Staffordshire and Shropshire Working Well Together Group. Construction bosses will be educated on how company’s Directors can also end up on trial for health and safety failures and, unlike real court rooms, the audience will be able to have a guess at the outcome.

There will be a fictional company being charged under the Health & Safety at Work Act after a young construction apprentice fell from scaffolding.

John Butler (Director of McPhillips Ltd), who will be playing the part of the accused, has said in an interview for the local newspaper “This mock trial aims to explain what can happen when things go wrong and a worker is injured”. He explained “we plan to make everything as realistic as we can as in a normal court case when both a Director and the firm involved can end up in the dock.”

Tickets cost £25 (including lunch) and can be purchased by emailing Barbara at Barbara.cliff@hse.gsi.gov.uk or telephoning 01782 602306. Limited places are available.

Health & Safety Partly to Blame for ‘Broken Society’?

An article in the Health and Safety at Work magazine on 16 August details how PM David Cameron has included “obsession with health and safety” in a list of problems and possible causes of the riots that started in London recently, saying it is a contributing factor to the way our society is today.

After describing the acts as a “wake up call”, Cameron has pledged to fight against the things that have brought our society to a “shocking state”, health and safety being one of many issues on his list.

He made the bold statement that “the obsession with health and safety that has eroded people’s willingness to act according to common sense”

WHS has to contradict our PM here – if common sense prevailed, there would be no need for the legislation we have. For instance, why is it enshrined in legislation that we must make records of regular visual checks on plant and equipment? Because employers did not do it – and nasty accidents resulted. Why is it enshrined in legislation that we must risk assess any work at height we do and provide appropriate edge protection? Because employers did not do it – and nasty accidents resulted. Why is it enshrined in legislation that we must train people to enter hazardous confined spaces? Because employers did not do it – and nasty accidents resulted. Etc., etc.

Many, many employers still undertake work according to least cost rather than least risk. In our experience, it is only when you spell out to employers exactly how much it may cost them if they don’t do something that they sit up and take notice. In many cases, it does not seem to occur to employers that we are talking about people’s lives here and their families’ livelihoods. And this, of course, is getting worse as the recession bites.

When the Health & Safety at Work Act was established in 1974, around 470 people were killed throughout UK industry; around 270 in construction alone! We’ve come a long way since then, particularly in construction. Just compare the figures – last year, construction accounted for 50 fatalities and 171 throughout industry. Both figures reflect an enormous improvement over the last 40 years but are up from the previous year – dare we suggest complacency as cost control becomes ever more important?

And that is why we need a certain level of regulation.

Health & safety legislation in this country is not onerous if it is understood and properly applied. If there is a huge cost perceived, this largely relates to overkill from a fear of litigation that has been allowed to develop over the last 10 to 15 years. WHS does agree with the PM that this needs to change. Where is the so-called (and much PM-lamented) ‘common sense’ within the litigation culture?

However, we should never detract from the absolute need to protect individuals from harm:
All employees have the right to arrive back home from work safely

Work Related Road Deaths

In June’s newsletter, we mentioned about the use of mobile phones while driving and that our staff members had observed various drivers of our clients vehicles using hand held mobiles.

Currently, one in three company drivers has an accident each year and it is estimated that around a third of RTAs in the UK are work related. Some of the common causes are fatigue, pressure to meet schedules, and tiredness. So with all these risks present, let alone the risk of sharing the road with people who are subject to this, why add another high risk to the equation and use your mobile phone while driving? If you need to answer or make a call, pull over in a safe place, and do not text while driving either – if it is that important, it is worth pulling over for.

Another likely consequence of being caught – 3 points and a £60 fine (and a £1000 fine if the company is found liable!) … if we see you, the Police can too!

Workmen Abused at Roadside

Colas are calling for a reduction in the speed limits beside road works to try and slow drivers down and cut the chance of being abused by drivers.

Dennis Gregg, leader of Colas’s Traffic Management Team, revealed in an article in Highways Magazine that their employees have been subject to not only verbal abuse but have had drinks cans and food thrown at them by passing motorists. There was an incident locally where an irritated member of the public drove purposely at a worker who was manning a road closure.

Colas wants the Civil Engineering Contractors Association to ask the Highways Agency and Local Authorities to assist by lowering speed limits to unusual levels, like 9.5 mph, in an attempt to grab drivers’ attention and slow them down to a point where they can see the work men.

If you are a contractor – take this into account when doing Risk Assessments and don’t hesitate to get Police involved if any incidents become hard to handle.
If you are not – understand that these guys are only doing their job and the works are being done to benefit you in future!

QUESTIONS & ANSWERS

A new section to highlight and answer frequently asked or unusual questions from our clients

When Does CDM Apply?

Question: “I have a small shop refurbishment that will take less than 30 days; surely CDM doesn’t apply and I don’t need a CDM co-ordinator? The architect says I do.”

Answer: Both you and the architect need to review your understanding of CDM!

Firstly, CDM applies to all construction no matter short and no matter how minor. When the regulations changed in 2007, to avoid the misconception that shorter/minor jobs do not attract health & safety controls, everything specifically related to construction was brought under just one set of legislation – CDM 2007. So, yes, CDM does apply to this and all jobs, and all parties (client, designers and all contractors) must be sure they are familiar with, and follow, all requirements.

Secondly, no, you do not need a CDM co-ordinator on a project of less than 30 working days. Although CDM applies to everything as we said above, the requirements for (a) a CDM co-ordinator and (b) a formal project health & safety plan (refer to CDM Part 3) do not apply unless the project is ‘notifiable’ (i.e. legally to be notified to the HSE when a project is over 30 days)

Having said that, there is still a requirement for good design, organisation, management, health & safety systems, and monitoring throughout all projects. Therefore, it can be very advantageous to have the equivalent (i.e. someone who can ensure these things are considered, put in place and maintained) on all projects; good planning and effective pre-start organisation will produce more efficient and safer sites – which, in turn, saves costs and lives.

HUMAN RESOURCE NEWS

New Rates – from 1st October 2011
The National Minimum Wage increases by the following amounts:

- For workers aged 21 and above the rate is now £6.08 per hour
- For workers aged between 18 and 20 the rate is now £4.98 per hour
- For workers aged between 16 and 17 the rate is now £3.68 per hour
- For apprentices aged 19 and below, or in the first year of their course the rate is £2.60 per hour

Changes to Pensions – Important

The Pensions Act 2008 will start affecting smaller companies from March 2014 – companies employing under 50 people will have to automatically sign up all eligible employees who aren’t already participating in a workplace pension scheme. This will need to be the employer’s pension scheme or the new personal accounts scheme under the National Employment Savings Trust pension scheme. The threshold for automatic enrolment is aligned with the personal allowance for income tax. To encourage participation, employees’ pension contributions will be supplemented by employers’ contributions and tax relief.

Agency Worker Regulations – 1st October 2011

These new regulations are to help protect temporary agency workers. They will give equal rights for basic work terms and conditions to agency workers, comparable with permanent staff, once they have worked 12 complete calendar weeks for a client in the same job. The terms and conditions include pay, rest breaks, hours of work and annual leave entitlement that are more generous than the statutory minimum.

Communications and Monitoring

With most businesses using social networking sites like Facebook and Twitter as a way of marketing these days, it is important to ensure you have an agreed code of conduct in place to ensure that these tools aren’t misused. An appropriate communications and monitoring procedure can reduce the risk – contact WHS to assist.

ENCLOSURES

- Incident Reporting Form – A new form to be used to inform WHS of any incidents you have, in confidence, and for our internal use only. Prompt completion of this (or promptly contacting WHS) will help us to assist you in preventing any reoccurrence.

AND FINALLY………

Recent Accidents & Prosecutions

Personal responsibility

- George Collier is to be charged with gross negligence manslaughter after he designed a wall that collapsed, crushing and killing a three-year-old girl in 2008. His firm, Parcol Developments, built the wall and will also be charged.

- The father and son owners of a car dealership in Rotherham were fined £1000 plus costs of £3615 for each of 2 charges following a serious fall through a skylight by one of their workers whilst trying to fix a leak in the roof. The employee got his foot caught on a roof bolt, tripping and sending him falling 3.5 metres through a skylight. He suffered fractures to his back and elbow. No risk assessments or safe systems were in place.

Work at height

- Birse Civils was fined £100,000 plus costs of £180,093 after a sub-contractor (Serco) employee fell from a wall whilst fixing a CCTV camera and onto the M5 motorway, subsequently dying from his injuries. Neither Birse not Serco had not managed, planned or monitored the work at height properly, resulting in this unnecessary death. Serco also pleaded guilty and were fined £200,000 plus £36,186 costs.

Asbestos

- Marks & Spencer and three of its contractors have been heavily fined after exposing the public, workers and members of staff to asbestos containing materials (ACMs).
Workers at the two Reading and Bournemouth stores removed ACMs from the ceiling and other areas; however insufficient time and space was allocated to the workers, necessitating some over-night work to remove sections in order for the shop to re-open each day. Poor workmanship meant that areas were disturbed with insufficient prior survey work and air was re-contaminated by drafts through ceiling voids.

M&S were fined £1M with costs of £600,000; Styles & Wood Ltd were fined £100,000 with costs of £40,000; Willmott Dixon Construction Ltd were fined £50,000 with costs of £75,000; and PA Relations Ltd were fined £200.

A reminder that penalties can be very severe as nobody can tell exactly how much harm has been done to individuals. The cost of not getting it right can be HUGE!

Please remember to notify us if you have an accident or an incident
(refer to new incident form enclosed)

WHS is working for you.
Our aim is to keep people safe and, ultimately, to keep you and your employees working.

As always, if you need advice or assistance, or you have any queries or problems,
please do not hesitate to contact Wenlock Health & Safety Ltd on 01952-433901