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

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.

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

Newsletter October 2011 – General

Wenlockhs — Tue, 18 Oct 2011 11:44:50 +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!

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 clients, companies, 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.

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.

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

Changes to HSE Reporting and Information Service

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

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

INDUSTRY NEWS

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

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

Many, many employers still undertake work according to least cost rather than least risk (see third point in ‘recent accidents and prosecutions’). 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! We’ve come a long way since then. Just compare the figures – last year, 171 were killed throughout industry. The 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.

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

Corporate Manslaughter Amendment

People responsible for prisoners and vulnerable people can now face manslaughter charges as a result of their death after a change in the law.

Those such as Police force staff are now at risk of criminal charges if someone is murdered while under their supervision which was deemed as a ‘preventable circumstance’. The law can also be brought into effect in the event of a suicide if signs of instability were shown.

Its thought that these amendments will provide a new route for addressing these issues and should have a different effect, and hopefully help prevent deaths in future.

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.

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.

QUESTIONS & ANSWERS

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

When Do the Construction (Design & Management) Regs Apply?

Question: “I have a small shop refurbishment that will take less than 30 days; surely the Construction (Design & Management) Regs don’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 the Construction (Design & Management) Regs!

Firstly, the Construction (Design & Management) Regs (or ‘CDM’) apply to all construction, refurbishment, alteration, etc 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 (including the client, designers and all contractors) must be sure they are familiar with, and follow, all requirements.

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

The Agricultural Wages Order 2011 increases minimum wage rates as follows:

- Grade 1 above compulsory school age – £6.10 per hour
- Grade 2 – £6.77 per hour
- Grade 3 – £7.45 per hour
- Grade 4 – £7.99 per hour
- Grade 5 – £8.46 per hour
- Grade 6 – £9.14 per hour

Changes to Pensions – Important

Agency Worker Regulations – 1st October 2011

Communications and Monitoring

With most businesses using social networking sites like Facebook and Twitter as a way of marketing these days, its 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 calling WHS) will help us to assist you in preventing any reoccurrence.

AND FINALLY………

Recent Accidents & Prosecutions

Personal responsibility

- 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.

- Fresha Bakeries, their Managing Director, the production director, and chief engineer have pleaded guilty to failing to take reasonable care of employees and failing to provide a safe system of work after two workers were basically roasted to death.

Their boss sent them into a giant oven (which should have been left to cool for 12 hours but was only left for 2) to carry out repairs on the cheap. The repair meant collecting broken parts from inside the 75ft-long oven whilst crawling along a moving conveyor belt; however, within 5 minutes there were messages heard over the workers’ walkie-talkies saying the oven was too hot.

The Harvestime bakery in Leicester had put productivity before safety. The managers decided the workers could go in through a hatch to save costs rather than taking off side panels and made the decision that taking the recommended 12 hours to do the job safety would cost too much in lost production…as well as make him late to watch the FA Cup final at home with his sons!

When asked by the HSE at the time of the incident whether a permit to work system was in place, the chief engineer replied “****, I forgot, I’ll sort it out now.”

A reminder at this point that a permit-to-work system is there to ensure that very hazardous tasks such as maintenance I confined spaces are properly controlled; to even suggest that this can be put in place in retrospect shows a total lack of understanding and a total disregard for employees safety

The hearing continues!

Safe systems of work

- A 20-year-old production operative severed his left thumb while cutting insulation foam at Kestrel Timber Frame in May last year. He was using a table mounted circular saw when he got his thumb caught in the blade; the table was inadequate to support the foam and therefore made it necessary for the employee to hold it with his hand rather than using a push stick.

Kestrel failed to provide adequate tools to make the job safe to carry out and therefore had not taken reasonable steps to ensure a safe system of work for their employees. Kestrel was fined £6700 plus £4117 costs.

- An employee at a South Yorkshire engineering firm sustained horrendous injuries in 2008 after being dragged through a gap in a computer controlled conveyor system no wider than a CD case.

The HSE investigation found that there was no guarding in place to protect the worker as he peered into the machine to check a line of work. Compass Engineering owned the machine; however, Kaltenbach (German machine supplier) installed and signed off the equipment. Fines and costs of £115,000 were issued on both firms.

- Pork producer, Tulip, has had its third fine since 2007 for poor machinery protection after a worker severed two fingers in an unguarded mixing machine.

The worker had reached into the machine to remove a piece of plastic when the paddles of the mixer severed his fingers. A risk assessment, undertaken 10 months earlier, had identified the missing interlocking guard; addressing the problem at that time could have saved money and left their worker unharmed.

Tulip were fined £16,000 plus £4076 costs. Previously, Tulip had been fined £65,000 in 2009 after an employee lost his fingers in a packing machine, and £120,000 in 2008 after a similar incident.

- A man working for family firm, Thomas Rees & Son, has died in Carmarthenshire after a rear tractor tyre he was inflating exploded. Arwyn Rees was found by his two nephews after they heard the loud bang through the village. The HSE are investigating.

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.

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 in ‘Enclosures’)

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

Newswletter October 2011 – M&E

Wenlockhs — Tue, 18 Oct 2011 11:13:13 +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!

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.

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.

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

Tower Scaffolding Safety

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

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.

Changes to HSE Reporting and Information Service

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

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

INDUSTRY NEWS

Mock Trial for Construction Companies

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

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’?

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

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

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.

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.

QUESTIONS & ANSWERS

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

When Do the Construction (Design & Management) Regs Apply?

Answer: Both you and the architect need to review your understanding of the Construction (Design & Management) Regs!

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

Agency Worker Regulations – 1st October 2011

Communications and Monitoring

AND FINALLY………

Recent Accidents & Prosecutions

Personal responsibility

- Fresha Bakeries, their Managing Director, the production director, and chief engineer have pleaded guilty to failing to take reasonable care of employees and failing to provide a safe system of work after two workers were basically roasted to death.

When asked by the HSE at the time of the incident whether a permit to work system was in place, the chief engineer replied “****, I forgot, I’ll sort it out now.”

The hearing continues!

Safe systems of work

- An employee at a South Yorkshire engineering firm sustained horrendous injuries in 2008 after being dragged through a gap in a computer controlled conveyor system no wider than a CD case.

The HSE investigation found that there was no guarding in place to protect the worker as he peered into the machine to check a line of work.

Compass Engineering owned the machine; however, Kaltenbach (German machine supplier) installed and signed off the equipment. Fines and costs of £115,000 were issued on both firms.

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)

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 in ‘Enclosures’)

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

Newsletter August 2011 – Construction

Wenlockhs — Tue, 23 Aug 2011 13:23:59 +0000

COMPANY NEWS

We Welcome…

We welcome Bob Taylor, who is very experienced in construction health & safety, as a valuable additional member of our team. Clients will get to know Bob over the coming months as he deputises for other health & safety consultants.

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:

- 6 September 2011
- 7 October 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 Accident Figures

New official statistics have been published by the HSE showing the number of workers killed in Britain last year has increased. Provisional data for the year April 2010 to March 2011 shows the number of workers killed throughout UK industry was 171, an increase of 16% on the previous year.

Judith Hackitt, the HSE Chair, said: “The increase in the number of deaths in the last year is disappointing, after an all time low last year. The fact that 171 people failed to come home from work to their loved ones last year reminds us all of what we are here to do. It is a stark reminder of the need to ensure that health and safety remains focused on the real risks which exist in workplaces, not on trivia and pointless paperwork. We all have a role to play – employers, employees and regulators – and leadership is fundamental to maintaining and improving our performance even further. In a world of work which is constantly changing, we must all continue to review what we do and how we do it and strive to become even more effective at managing risks which cost lives.”

The rate of fatal injuries in several of the key industrial sectors compares:

- 50 fatal injuries to construction workers
- 34 fatal injuries to agricultural workers
- 9 fatal injuries to waste and recycling workers

We STILL have THE most dangerous industries; we cannot be complacent, even during these recessionary times.

INDUSTRY NEWS

Safety Alerts

Please ensure you read the enclosed safety alerts carefully – and do ring WHS if you are unclear or have any questions:

- Cherry picker component failure
- Pop-up platform failure (alert and generic risk assessment attached)
- Pole ladders safe use
- Potential fuel spill from generators

Fork Lift Licenses

The Fork Lift Truck Association (FLTA) has issued a warning about the widespread practice of ‘fictional’ fork lift truck ‘licenses’ being used by recruitment agencies to ‘verify’ competence of their agency workers. In fact, no such license exists in the UK; under current rules, employers are required to issue written authorisation allowing trained staff to operate a fork lift, and this authorisation is not transferrable to another company.

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 FLTA says that it is always better to err on the side of caution and assume that all new-starters will require at least some level of training before authorisation is given.

Choosing the Right Gloves

You will be aware that there is a vast range of p.p.e available now to suit all occasions – gloves are a good example. There are gloves available now to cope with hot, cold, heavy duty, delicate work, cutting, chemicals, etc, etc…the list is endless. So how do you know which is suitable for your particular?

Ansells have produced a very useful guide to choosing the correct glove for the purpose; a pdf version is enclosed with this newsletter.

There is a general campaign now to ensure that all users of gloves, not only choose the correct glove types, but also name them in the risk assessment for each task and actually wear correct types for each task. This may require employees to carry several different types of gloves with them but it is an important issue – it’s unacceptable and very dangerous to (e.g.) use ordinary heavy duty gloves when cutting where Kevlar would be the most appropriate.

The ‘golden rule’ can apply equally well to p.p.e as to equipment:

The right tool for the right job

CDM

There still seems to be quite a bit of confusion regarding the scope and requirements of the Construction (Design & Management) Regs 2007; WHS is therefore enclosing our latest Legislation Summary on the subject of CDM. Please make sure you read it carefully and digest.

It must be realised that CDM covers ALL construction (and the term ‘construction’ covers everything remotely resembling erection, installation and commissioning; refer to the definitions quoted in the Summary sheet) on ALL projects, large or small, lengthy or very brief.

If the total construction period is more than 30 working days (or 500 person days), then a CDMC MUST be appointed and an F10 sent to the HSE at the outset, and a full construction phase health & safety plan must be written by the principal contractor AND formally accepted by the client.

It must also be realised that CDM is not the be-all and end-all of health & safety requirements for a safe site. There are many other relevant regulations which must be adhered to e.g. asbestos, COSHH, confined spaces, work at height, PUWER, LOLER, etc, etc, and again, these are applicable to ALL sites, large or small, lengthy or brief.

Refer to your WHS-supplied Health & Safety Manual and generic risk assessments for full details on each issue, or contact WHS on 01952-433901

QUESTIONS & ANSWERS

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

Asbestos – the Responsibility for Surveys

Question: “We know that asbestos surveys must be carried out by owners or managers of commercial premises before we can plan our work, but what happens with domestic properties? We understand that householders have no such duties.”

Answer: Correct on both counts; for properties built before April 2000, all commercial clients have a duty to keep contractors safe by carrying out a suitable asbestos survey (usually ‘Refurbishment’ or ‘Demolition’ survey, what used to be called a Type 3 survey) but householders have no such duty.

However, all employers – and thereby, all contactors – have a general health & safety duty to keep all employees and any person they affect by their operations safe. Just because the works are undertaken in a domestic property, the extreme risks from inhalation of asbestos fibres cannot be ignored. It follows therefore that all contractors have the duty to keep employees and householders safe by commissioning a suitable asbestos survey for all areas affected by the works within properties built before April 2000.

Of course, is asbestos is found, it should be removed by a licensed asbestos removal contractor. The only exceptions to this are white asbestos (chrysotile) cement or composites such as vinyl or plastic products. In practice, however, these days it is often commercially more beneficial (due to disposal costs) to engage a licensed contractor to remove these also.

If a survey has not been undertaken, workers must assume that all materials contain asbestos. However, there is provision to undertake some very minor works without the need for a survey or asbestos license; refer to HSE website http://www.hse.gov.uk/asbestos/essentials. The ‘task sheets’ on the website must be followed to the letter to avoid (a) risks to the health or employees and members of the public and (b) prosecution (refer below). . It is also strongly recommended that, if this type of task constitutes a significant percentage of contractors’ work, employees are properly trained to Category 2 standards

Contact WHS on 01952-433901 for further advice and guidance. Do NOT take risks.

HUMAN RESOURCE NEWS

Bribery Act

The Bribery Act 2010 went live on 1 July 2011. It aims to promote anti-bribery practices among businesses, by modernising the law on bribery. The Act introduces a corporate offence of ‘failure to prevent bribery by persons working on behalf of a business’. A business has a defence if it has adequate procedures in place to prevent bribery.

There is no need for alarm – it is important to use common sense and look at levels of risk in your own particular organisation and industry, but for the majority of small businesses the actions required can be quite straightforward e.g. adding ‘bribery’ to examples of Gross Misconduct in your disciplinary procedures.

Refer to the Ministry of Justice’s Quick Start Guide (www.justice.gov.uk/guidance/docs/bribery-act-2010-quick-start-guide) as a useful starting point

National minimum wage increases – A reminder

The national minimum wage will rise from £5.93 to £6.08 per hour, from 1 October 2011.
The development rate increases from £4.92 to £4.98 per hour.
The rate for workers aged 16 to 17 increases from £3.64 to £3.68 per hour
The apprentice rate increases from £2.50 to £2.60 per hour.

Agency Worker Regulations are on the way

The Agency Workers Regulations (2010) are implemented this October, giving agency workers the same basic employment conditions after 12 weeks in a given job as if they had been employed directly by the end-user.

Refer to the BIS Guide to the New Regulations (www.bis.gov.uk/assets/biscore/employment-matters/docs/a/11-949-agency-workers-regulations-guidance) for a useful overview of the main changes at the beginning.

Retirement Age

Compulsory retirement will only be legal if the individual was informed of their retirement before 6 April 2011 and if it was due to occur before 1 October 2011. From 1 October 2011, the default retirement age of 65 will be removed.

You should review your contracts of employment and HR documentation and inform all staff of this change, before 1 October 2011

As always, do contact WHS for assistance or further advice

AND FINALLY………

Recent Accidents & Prosecutions

Yet again, work at height tops the list for prosecutions…

Architect fined

- Oxford Architects Partnership was fined £120,000 plus costs of £60,000, and Express Park Construction Company Limited (EPCC) fined £75,000 plus costs of £68,000, after a contractor fell 9 metres to his death from a very low parapet wall. The contractor had been working on an air-conditioning plant that was could only be accessed via a vertical ladder in close proximity to the open parapet.

The HSE said: “…designers … must be aware they can be held responsible where bad design is an important contributory factor to a work-place fatality.

Scaffolding… or lack of

- Alex Morrisey was fined £1,000 plus £800 costs after he and a labourer were spotted balancing dangerously on the roof of a chip shop in Bolton. In addition, Morrisey had allowed materials, including bits of tiles and wood, to be dropped onto the pavement below. Scaffolding had been put up at the front but none at the back to stop the workers falling to the ground below; Morrisey had not installed any protective mesh guarding to prevent materials falling to the ground, despite members of the public still entering the fish and chip shop during part of the day.

- Options Properties Ltd was fined £18,000 plus £4,115 costs after 2 men had been spotted working 65 feet up next to a sheer drop on the sixth floor of a city apartment block without proper equipment to prevent them falling.

The HSE said: “It beggars belief that Options Properties Ltd risked the lives of these two men for the cost of a few extra days of scaffold hire. There is no way of knowing whether the guardrail and harness set up would have held these men on the balcony; had one slipped, he would have taken his colleague with him and they could both have fallen to their deaths.”

- Gaskells Demolition Services Ltd was fined £5000 plus £3000 costs after a cinema it was demolishing near Blackpool collapsed into the A587 during rush hour.

Scaffolding had been erected around the front of the building and a high-reach excavator used to demolish small parts of the building. The excavator when dislodged a coping stone from the top of the building which fell on to the top deck of the scaffolding, causing it to detach itself from the building.

The scaffolding was not suitable for holding heavy pieces of debris and exclusion zones should have been established including a temporary road closure.

- Johnson Scaffold Services Ltd, of Chaldon in Surrey, was fined £7,500 plus £7,000 costs following a scaffold collapse. The company had erected sheeted scaffolding around a building ahead of refurbishment. Once the work was completed, the structure was partially removed, leaving some of the sheeted scaffolding still standing. During the early hours of the following morning, a 200 foot long, 40 foot high section of the scaffolding was blown to the ground.

The scaffolding had not been installed according to the original drawings and had not been adequately tied. It was left in an unsafe condition overnight while being dismantled. The HSE said: “Scaffolds should be designed by a competent person or built to a recognised standard. At no stage during erection, use or removal should they be left in an unstable state where they could collapse. They should be adequately tied or other effective means taken.”

- Giant Scaffolding Ltd was fined £15,000 plus £5,000 costs and self-employed scaffolder, Gareth Roser was fined £750 plus £643 in costs after working 8 metres up on a four-storey scaffold with no harness, balancing on scaffolding tubes; they were reported by a member of the public. It emerged that harnesses were available for the workers to use in their van.

Scaffolders MUST work to the industry procedures (SG4:10) which ensure their safety; SG4 has been around fro over 10 years and there is no excuse for any scaffolding company or operative not to adhere to the principles. The HSE said: “In many cases, harnesses are available but some workmen just cannot be bothered to wear them. They should take a moment to think about the consequences…Mr Roser … was exposing himself and members of the public walking below to unnecessary risk…”

All these prosecutions demonstrate the vital importance of engaging scaffolders who are properly trained and competent. WHS recommends using the sub-contractor questionnaire issued with WHS start/renewal packs to gauge scaffolders’ competence; we would also strongly recommend that you allow us to assess the results as we have the competence to do so.

Asbestos

- John Todd Ltd was fined £10,000 plus £10,000 costs after exposing two of its workers to dangerous asbestos-containing materials at a site in Oswestry. The company had been commissioned to refurbish a building on the estate but, when licensed asbestos removal contractors arrived on site, they found two self-employed workers and company director John Todd had already started to remove the material with no precautions to prevent the spread of fibres.

The HSE said: “John Todd Ltd showed an absolute disregard for the health and safety of workers on the site by allowing work with asbestos to take place fully aware it was present. … Exposure to asbestos can kill and we will not hesitate to take enforcement action against anyone found to have worked unsafely with the material.”

- Abbott and Mason Building and Joinery Contractors Ltd was fined a total of £20,000 plus costs of £5,741 after contaminated an elderly resident’s possessions with asbestos during bathroom renovation work at her sheltered housing. The sheltered housing warden spotted the dangerous work and stopped it immediately. The company had removed asbestos insulation board (AIB) from pipework behind the bath and, in doing so, contaminated many of the resident’s possessions, including clothing and furniture, all of which had to be destroyed.

The firm knew it was dealing with AIB and, although both partners had attended asbestos awareness training, they failed to manage it appropriately, exposing employees, the resident and other members of the public to asbestos fibres.

- Wayne Priestley was prosecuted for numerous safety failings relating to the exposure; he was ordered to serve 300 hours of community service and ordered to pay costs of £500. Priestley had been employed to remove asbestos-containing materials from a former print works ahead of its demolition.

Principal Contactor, Quarnmill Construction Ltd, provided a survey Priestley detailing the location of the asbestos; the survey stated that a licensed contractor was required to remove some of the material. Priestley assured Quarnmill that asbestos removal was within his capability, yet he had no licence to carry out this type of work. Quarnmill Construction has already been prosecuted for their health and safety failings in this respect.

The importance of communication

- Nadeem Aftab was fined £100,000 plus £61,590 costs after a Brazilian worker he’d employed as part of a 4-man team was buried under 5 tonnes of soil and later died in hospital. The team had been engaged to build a basement at a private property in Belgravia; they had underpinned the building’s walls and had placed the arisings in the central part of the basement.

The arisings were not properly supported and gave way while the worker was inside the trench. His colleagues shouted a warning to him but he did not understand English and did not attempt to escape.

The HSE said: “This incident highlights the need to have effective worker consultation and communication with all employees to ensure they understand the control measures that should be in place to prevent harm.

It also demonstrates that: “Basement conversions involving underpinning are significant engineering projects and should be planned and managed by competent people. …a competent temporary works engineer should design an appropriate sequence of works, and the work should be actively managed by a person who had the necessary knowledge, training and experience to ensure it is carried out safely.”

N.B. Refer to the comments above regarding the scope of CDM; CDM applies to ALL projects, whatever the nature, including domestic projects. Proper and competent management MUST be established

Falsifying documents

- Flooks Scaffolding was fined a total of £3000 plus £1000 costs after falsifying documents relating to an employee’s death; he had fallen through corrugated sheeting during the dismantling of a storage structure at Flooks Scaffolding’s yard.

The HSE had asked to see the method statement for the work; when police officers checked the computer for the document, it was found that it had been created the day after the incident. In mitigation, he said that his decision to fake the method statement was rash and was done in panic. He accepted that this was wrong and apologised for his actions. The judge described the actions as ‘cold-hearted’

N.B. This prosecution related to the falsifying of documents, not the incident itself

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 August 2011 – General

Wenlockhs — Tue, 23 Aug 2011 12:41:26 +0000

COMPANY NEWS

We Welcome…

We welcome Bob Taylor as a valuable additional member of our team. Clients will get to know Bob over the coming months as he deputises for other health & safety consultants.

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:

- 6 September 2011
- 7 October 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 Accident Figures

INDUSTRY NEWS

Fork Lift Licenses

Legionella Reminder

Two companies (an automotive firm in Tamworth and the company employed to clean the water-cooling system) were fined a total of more than £250,000 for exposing workers and members of the public to legionella bacteria.

The HSE had visited the site after an employee had contracted Legionnaires’ disease; the victim later died. There was no comprehensive risk assessment in place to ensure that the system was properly cleaned and maintained. The water towers on the system needed to be taken apart every six months to clear out sludge and sediment, but this had not been done for more than two years prior to the HSE’s visit. The HSE also found that both companies had failed to identify damage leading to the legionella bacteria escaping from the tower.

Legionnaires’ disease is a potentially fatal form of pneumonia which can affect anyone coming into contact with it. The death of the employee was totally preventable and is a reminder to ALL premises managers that legionella needs to be taken seriously. Competent designers of water and water cooling systems must be engaged with new installations, and competent assessors must be engaged to properly assess the risks from existing systems and advise on maintenance regimes; these recommended maintenance regimes must then be adhered to in order to avoid, as in this case, the growth of the bacteria.

N.B. As a result of the death of the employee and the heavy fines, the company was voluntarily wound up. The results of cutting corners can be severe, both in terms of risking lives and risking the livelihoods of all involved

Contact WHS on 01952-433901 for further advice and guidance.

Choosing the Right Gloves

Ansells have produced a very useful guide to choosing the correct glove for the purpose; a pdf version is enclosed with this newsletter

The ‘golden rule’ can apply equally well to p.p.e as to equipment:

The right tool for the right job

CDM: Construction Yes…But Read On

It must also be realised that the person commissioning the work is regarded in law as ‘The Client’ and appropriate duties are laid down. That person is wholly responsible for ensuring that competent contractors or persons are engaged to undertake the work, that safety on site can be achieved by that contractor or person, and that the safety of others within any ‘live’ premises is considered and also achieved.

A Legislation Summary sheet is therefore attached to remind all potential ‘clients’ of what they must do; failure to carry out ‘client duties’ may well result in enforcement or, should a significant incident take place, prosecution. Refer to your WHS-supplied Health & Safety Manual, or contact WHS on 01952-433901 for further advice and guidance before you commission work.

QUESTIONS & ANSWERS

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

Asbestos – the Responsibility for Surveys

Question: “I run three shops, all of which were refurbished in 2003. I now require further refurbishments; do I need to undertake asbestos surveys?”

Answer: Asbestos must be undertaken prior to any disturbance of the fabric or fixtures whatsoever within structures built after April 2000. The contractor who undertook the original refurbishment should have informed you of this and has acted illegally and totally irresponsibly in putting you, your employees and himself in danger by not doing so.

All commercial premises in the UK MUST have what’s called an ‘Asbestos Management System’ (AMS) in place for the purpose of giving any contractor or engineer who needs to work on or in the building (including all minor repairs, maintenance, etc) the relevant information to avoid disturbing any known asbestos. In practice, this means commissioning a suitable asbestos survey and not allowing any works or disturbance to be carried out until the results are known.

The AMS is a legal requirement whether work is to be carried out or not – employees are just as much at risk through even simple tasks like putting up pin-boards or cleaning, and all employers have a general health & safety duty to keep all employees safe. The survey undertaken needs to be suitable for the day-to-day running of the building (a ‘management’ asbestos survey, what used to be called a ‘Type 2’ survey). However, prior to any significant works, and certainly ahead of any refurbishment or demolition, a far more in-depth survey (a ‘refurbishment’ or ‘demolition’ survey needs to be undertaken, what used to be called a ‘Type 3’ survey).

So, in answer to the question, yes, there is a clear duty to commission a full refurbishment survey ahead of significant works.

N.B. A word of warning also – if a Type 3 survey was previously undertaken but several years ago, it would be wise to commission a review as the depth of survey has been revised recently.

Contact WHS on 01952-433901 for further advice and guidance. Do NOT take risks.

HUMAN RESOURCE NEWS

Bribery Act

National minimum wage increases – A reminder

The national minimum wage will rise from £5.93 to £6.08 per hour, from 1 October 2011.
The development rate increases from £4.92 to £4.98 per hour.
The rate for workers aged 16 to 17 increases from £3.64 to £3.68 per hour
The apprentice rate increases from £2.50 to £2.60 per hour.

Agency Worker Regulations are on the way

AND FINALLY………

Recent Accidents & Prosecutions

Yet again, work at height tops the list for prosecutions…

Work at height in general

- HT Gardner Distribution Ltd was fined £20,000 plus £11,300 costs and CL Electrical was fined £7,000 with £5,000 costs after a trainee electrician suffered severe injuries when a metal cage he was using fell 20ft from the fork lift truck supporting it.

Tom Davis, employed CL Electrical Solutions Ltd., had been instructed to change a number of light-bulbs on the warehouse ceiling. HT Gardner Distribution Ltd provided a forklift truck for which neither Davis nor the driver had received any training, despite the firm’s own instructions stated only trained drivers should use forklifts. It also provided a cage that was strapped to the forklift that was unsuitable for the task.

The HSE said: “Changing light bulbs is such a common job the safety implications can be overlooked. But in high roofed workplaces, falls from height are a very real and serious risk. This job was not properly risk assessed and as a result both companies chose the wrong equipment for the job and came up with a loose system of work…Any work at height needs to properly planned, the right equipment chosen and workers given sufficient training to do the job correctly and properly supervised.”

- Lion Steel Equipment Ltd will appear in court next month to answer corporate manslaughter and health and safety charges after a worker died from injuries sustained in a fall through a fragile roof.

Three of the firm’s directors – Kevin Palliser, Richard Vaughan Williams, and Graham Coupe – have each been charged with manslaughter by gross negligence.

Scaffolding… or lack of

- AB Tile Protection proprietor, Arthur Boswell, was fined £260 plus £3,275 costs after one of his roofing workers was spotted power washing the sloping roof of a semi-detached house without any edge protection or other safety equipment in place to stop him falling off the slippery surface.

- Alex Morrisey was fined £1,000 plus £800 costs after he and a labourer were spotted balancing dangerously on the roof of a chip shop in Bolton. In addition, Morrisey had allowed materials, including bits of tiles and wood, to be dropped onto the pavement below. Scaffolding had been put up at the front but none at the back to stop the workers falling to the ground below; Morrisey had not installed any protective mesh guarding to prevent materials falling to the ground, despite members of the public still entering the fish and chip shop during part of the day.

We all need to use scaffolding at some point (e.g. roof work, repairs, installation of external lighting, alarm systems, air-conditioning, etc)

Hazardous substances

- In what is being hailed as a “landmark decision”, the Court of Appeal has ruled in favour of a former RAF corporal who was diagnosed with a degenerative neurological condition following exposure to harmful toxins while working for the Ministry of Defence. The Court concluded the existence of a “probable connection” between heavy solvent exposure and neurological damage; this paves the way for 52-year-old Shaun Wood to receive substantial damages.

Shaun Wood was diagnosed with Multiple System Atrophy-P (MSAP), an incurable condition that affects the nervous system, after he was exposed to toxic solvents while working as a painter and finisher at various RAF sites in the UK and abroad.

Mr Wood’s representative said: “This is the first time there has been any adjudication of the link between organic solvents and this kind of neurological damage…The High Court found the protection provided by the MoD was completely inadequate and the exposure levels were massive…”

Asbestos

Safe storage

- Environcom England Ltd, was fined £7,000 and £10,000 for 2 offences, plus £5,915 costs after an agency worker was injured by a falling stack of cookers and washing machines at one of the UK’s largest electrical equipment recycle firms. The worker suffered bruising to his back and chest after an unsafe stack of appliances fell on him.

The HSE said: “Heavy machines like cookers and washers should never have been stacked so high. If they had been stacked on their side it would have provided a broader and more stable base and stacking them against a wall would also have given much more stability. If the goods were kept behind a barrier or in a container, a collapse like this would not have injured anyone. Better still they could have co-ordinated delivery of goods better so the stacks did not build up in the first place.

“The range of simple, common sense measures that could have been taken to prevent heavy stacks of machine toppling over just goes to underline what basic mistakes Environcom made – its failures and this sentence should be a warning to other recycling firms to take safety seriously.”

- Pilkington United Kingdom Ltd was fined £20,000 plus £5,646 costs after two workers were badly injured when a trolley load of glass panes fell on them. Ashley Emes and Nick Stone were both working for the glass manufacturer when the overloaded trolley collapsed with the sheets of glass landing on the two men; the 1,500kg capacity trolley had earlier been overloaded with glass weighing 1,780kg by the injured men’s colleagues.

The HSE said: “This horrific incident could have been avoided if Pilkington had a system in place to ensure its staff knew the loading capacity of the trolley, the weight of the loads being put on it, and how to load it correctly…Employers have a duty to ensure their staff have the information and training necessary to carry out their duties safely, and higher standards should be expected from such a large and well known company.”

- Crane Ltd, manufacturers of valves and fittings, was fined £15,000 and £10,000 for 2 offences, plus £3,387 costs after an employee suffered multiple injuries when two quarter tonne steel flange rings fell on him. The employee was taking smaller flange rings out of a metal storage rack when the larger 250kg rings fell.

The HSE said: “This was a serious and entirely preventable incident which left this employee with horrific injuries. I hope other employers are taking note of this case…Crane failed to properly assess risk and failed to provide adequate work equipment.

Falsifying documents

N.B. This prosecution related to the falsifying of documents, not the incident itself

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 August 2011 – M&E

Wenlockhs — Tue, 23 Aug 2011 12:19:58 +0000

COMPANY NEWS

We Welcome…

We welcome Bob Taylor, who is very experienced in site and construction-related health & safety, as a valuable additional member of our team. Clients will get to know Bob over the coming months as he deputises for other health & safety consultants.

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:

- 6 September 2011
- 7 October 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 Accident Figures

The rate of fatal injuries in several of the key industrial sectors compares:

- 50 fatal injuries to construction* workers
- 34 fatal injuries to agricultural workers
- 9 fatal injuries to waste and recycling workers

Construction is STILL have THE most dangerous industries; we cannot be complacent, even during these recessionary times.

* ’Construction’ includes all types of M&E works; refer to the CDM section below

INDUSTRY NEWS

Safety Alerts

Please ensure you read the enclosed safety alerts carefully – and do ring WHS if you are unclear or have any questions:

- Cherry picker component failure
- Pop-up platform failure (alert and generic risk assessment attached)
- Pole ladders safe use
- Potential fuel spill from generators

Wise Up On Wiring

The Institution of Engineering and Technology (IET, formerly the IEE) has launched a fresh edition of the IET Wiring Regulations, including a completely new section on health and safety.

Jointly published with the BSI, the amended IET Wiring Regulations set the standard for all new electrical installations in the UK. Following the advice contained in the new section – section 729 – should help ensure a safe working environment for skilled, or instructed persons working in areas such as switchrooms, where, historically, little space is usually provided.

In response to regulation 15 of the Electricity at Work Regulations 1989, section 729 sets out minimum requirements for both the provision of adequate working space and the means of operational and emergency access and evacuation at, or near, electrical equipment.

Section 729 deals specifically with work being carried out in spaces which are, quite often, restrictive, but where access is permitted only for skilled, or instructed persons. The new section aims to ensure the safety of people working in these spaces by, for example, ensuring access routes are provided to enable all personnel to be safely evacuated in the event of an emergency. It states minimum widths for gangways in areas such as switchrooms, where they are to be adequate for the work to be undertaken and for the transport of equipment.

The amended Wiring Regulations also introduce a number of new sections relating to electromagnetic disturbances, medical locations, devices for protection against overvoltage, and the changes that will see the Electrical Installation Condition Report replaced by the Periodic Inspection Report.

The amended IET Wiring Regulations can be purchased at www.theiet.org/electrical

Fork Lift Licenses

Choosing the Right Gloves

Ansells have produced a very useful guide to choosing the correct glove for the purpose; a pdf version is enclosed with this newsletter

The ‘golden rule’ can apply equally well to p.p.e as to equipment:

The right tool for the right job

CDM

Refer to your WHS-supplied Health & Safety Manual and generic risk assessments for full details on each issue, or contact WHS on 01952-433901

QUESTIONS & ANSWERS

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

Asbestos – the Responsibility for Surveys

Of course, is asbestos is found, it should be removed by a licensed asbestos removal contractor. The only exceptions to this are white asbestos (chrysotile) cement or composites such as vinyl or plastic products. In practice, however, these days it is often commercially more beneficial (due to disposal costs) to engage a licensed contractor to remove these also.

Contact WHS on 01952-433901 for further advice and guidance. Do NOT take risks.

HUMAN RESOURCE NEWS

Bribery Act

National minimum wage increases – A reminder

The national minimum wage will rise from £5.93 to £6.08 per hour, from 1 October 2011.
The development rate increases from £4.92 to £4.98 per hour.
The rate for workers aged 16 to 17 increases from £3.64 to £3.68 per hour
The apprentice rate increases from £2.50 to £2.60 per hour.

Agency Worker Regulations are on the way

AND FINALLY………

Recent Accidents & Prosecutions

Yet again, work at height tops the list for prosecutions…

Work at height in general

Scaffolding… or lack of

We all need to use scaffolding at some point (e.g. installation of external lighting, alarm systems, air-conditioning, etc)

Asbestos

Falsifying documents

N.B. This prosecution related to the falsifying of documents, not the incident itself

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 June 2011 – Construction

Wenlockhs — Tue, 24 May 2011 09:43:31 +0000

COMPANY NEWS

New Staff

Martin Overstall has recently joined Wenlock Health & Safety Ltd as a Health and Safety Consultant and we would like you to join us in welcoming him. Martin is extremely experienced and well qualified for the post, and is sure to make a valuable contribution.

We would like to remind our clients that our consultant Mark Roberts is not only a qualified abrasive wheels instructor and tower scaffold erection instructor but also a fully qualified first aid instructor. Demand for all these courses has been high, mainly because fees are low and we can undertake the training at most locations. So book early!

Mobile Phone Use Whilst Driving

We have observed on several occasions, drivers of clients’ vehicles using hand-held mobile phones; this is illegal and dangerous. Most WHS clients receive employee health & safety induction from us each year which clearly reiterates the message that it is illegal and cannot be tolerated; please make sure that this is given out each year and the signed acknowledgement of receipt is held on employee records for at least 5 years.

We feel this issue is so serious, and leaves you (our client) so vulnerable to enforcement or prosecution that, in future if possible, we will notify the employer of the vehicle registration in order for disciplinary action to be taken.

HSE NEWS

HSE Target Issues

Local Health and Safety Executive Officers, Guy Dale and Lindsay Hope, have given an overview of HSE priority areas for the forthcoming months (basically as before), including:

- COSHH; assessment of products and face-fit testing where use of masks/respiratory equipment is mandatory or advisable
- Working at height (as always, the largest number of fatalities); Guy said he had just been to an inquest of a 36 year old father who had fallen 7m to his death through a fragile roof
- Good order; the HSE will be looking for an orderly site and clear pathways, avoiding slips and trips
- Asbestos; the HSE will be particularly focusing on refurbishment projects and smaller contractors
- Timber framed buildings; the HSE will be particularly focusing on extensive fire precautions with a hierarchy of control measures
- Scaffolding; the HSE will be examining to see if new guidance measures are being adopted

As always, WHS can assist (particularly with the face-fit testing). Site inspections can highlight issues before they become a problem (or an accident); and a phone call to ask a question does not cost anything.

Safety Bulletin

An HSE inspector visited a DCT Civil Engineering site and issued a Prohibition Notice to an individual employee who was using a cut-off saw (Stihl) to remove tarmac. He was not using the water bottle to suppress dust or wearing any breathing protection.

Refer to the attached DCT bulletin for the full details of exactly why the individual was targeted instead of the employer. The relevance of this bulletin is to highlight the importance of the competence of employees (the training and information provided by the employer) and the subsequent duty placed on the employee to follow the employer’s instruction and guidance. Please issue this warning to all employees.

RIDDOR

HSE has introduced new arrangements for the reporting of injuries and incidents:

- From 12 September 2011, all but fatalities and major incidents and injuries under RIDDOR (the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995) can be reported via a predominantly online system, with a suite of seven forms available on the HSE’s website to make the statutory reporting process quick and easy.
- The HSE does recognise, however, that people reporting a traumatic event still need that personal interaction; so the notification of fatal and major incidents and injuries will still take place by phone.

INDUSTRY NEWS

Streetworks Act

Changes are now in force which will affect anyone involved in public highway works or streetworks in England.
New rules governing Street Works qualifications mean that anyone whose Street Works Qualification Register (SWQR) card has expired or is due to expire must be reassessed before they can reapply and continue to work – a change that could affect up to 54,000 individuals this year alone.

These individuals will now be unable to work until they have successfully completed a reassessment. This does not just affect road construction workers but council employees and anyone who alters any part of a road or pavement, including signage or guarding.

The reassessment will take the form of a written multiple-choice test paper – one for each unit of competence currently held. Only those achieving a mark of 80% in each unit will pass and if more than one unit is failed they will have to undergo extra training. Employers must take this change seriously. Only by preparing properly for the re-assessment will they maximise the likelihood of passing and avoid the cost and delay of additional training.

Working in roof spaces and attics

There are times when working in an attic or roof space is unavoidable, especially if you’re a plumber (see the Working at Height accident reports in the ‘and finally’ section below). And how many times is there a lack of a working platform such as flooring or boarding, increasing the risk of falling through the ceiling tiles?

There is an answer available in the form of insulated safety trellis matting, which can be taken up into the roof space and opened out to provide a safe working platform. A very simple and effective solution. For more information on safety trellis matting visit:
http://www.oxfordsafety.co.uk/240%20trellis%20attic%20mat.html

BUSINESS NEWS

Bribery Act 2010

The Bribery Act comes into force on 1 July 2011. Businesses and individuals can now be caught under 4 offences of bribery:

- the giving of a bribe
- the receiving of a bribe
- the bribery of foreign officials
- the failure of commercial organisations to prevent bribery
You and your company will be guilty of this offence if a person performing services on your behalf bribes another with the intention to (i) obtain or retain business for your company; or (ii) to obtain or retain an advantage for your company in the conduct of its business.

There is however a defence under that Act; if you can demonstrate that you have adequate procedures in place to prevent bribery then liability may be avoided.

Genuine acts of ‘hospitality’, such as tickets to an event, are accepted as legitimate ways of developing business relationships but if you provide or receive (e.g.) a two week holiday in a five star resort; there may be some serious and uncomfortable questions to be answered.

In any event now is the time to ensure that you have adequate policy and procedures to prevent bribery and that your employees are fully aware of their duty in order to avoid the first prosecution under the Act.

ENVIRONMENTAL NEWS

Following last months newsletter, a reminder that as from 1 October 2011, whenever you pass waste on to someone else, you will have to declare on the waste transfer note or hazardous waste consignment note that you have applied the waste management hierarchy of reduce, recycle or reuse. Additionally, from 28 September 2011, the 2007 Standard Industrial Classification (SIC) code (of the company transferring the waste) must also be included on the waste transfer note.

The Waste England and Wales Regulations SI 2011/988 also make amendments to existing legislation to reflect the above changes as well as revoking the provisions relating to the registration of waste carriers and brokers and the duty of care for waste contained in the:

- Environmental Protection (Duty of Care) Regulations SI 1991/2839;
- Controlled Waste (Registration of Carriers and Seizure of Vehicles) (Amendment) Regulations SI 1998/605.

Wenlock Health & Safety Limited can provide you with an Environmental Management System for a minimal cost of £100, which is then maintained to keep pace with changing environmental legislation. The EMS can help companies maintain compliance with current environmental legislation and introduce cost saving processes. Please contact us for further details.

HUMAN RESOURCE NEWS

Planned Reductions in Red Tape for Small Businesses

In the recent 2011 budget, the Government pledged to support small businesses. Several planned changes for April have been put on hold and others are under review.

Our HR advisor Kay Heald says – the practicalities of exempting micro (under 10 employees) and new start-up businesses from any new domestic regulations until April 2014 have not yet been worked out. In reality the EU may be able to exert influences that over-ride UK regulations and employees of micro businesses may assert their statutory rights if they come into conflict with this exemption. There will be lots of interesting developments on this one!

Flexible Rights – Postponed?

The right of staff to request leave for training will not now be extended to firms with fewer than 250 employees, and the extension of flexible working rights for all parents of children aged under the age of 18 has been postponed.

Kay says – Flexible working rights may have been curbed and postponed for the time being, but the Government remains committed to extending these rights across all businesses. Flexible working practices still make good business sense and help to keep staff motivated and engaged, so please do not ignore any reasonable requests from your employees.

New Rates

Statutory Sick Pay is now £81.60 per week
Statutory Maternity, Adoption and Paternity is now £128.73 per week
Lower Earnings Limit is now £102 per week, Earnings Threshold is now £139 per week

** HOT OFF THE PRESS **
New National Minimum Wage Rates for October 2011 will be: 21+ £6.08, 18-20 £4.98, 16-17 £3.68, Apprentice rate £2.60 p/hr

Changes to Maternity and Paternity Provision

Fathers of children with an expected week of birth beginning on or after 3 April 2011 will now be allowed up to 26 weeks’ additional paternity leave if the mother returns to work before using her full entitlement to statutory maternity leave.

Call us if you would like Kay to provide advice as there are eligibility and notice specifications that will apply.

AND FINALLY………

Recent Accidents & Prosecutions

This time there appears to be an unusual amount of roofing accidents involving falling from height; we have therefore included the following guidance on working at height as a reminder for those that have to do it in their daily work (click on the links for further HSE industrial guidance notes and help):-

Working at Height

Managing work at height follows a hierarchy of controls – avoid, prevent, arrest – which begins with the question – can the work be done safely from the ground? Fall restraints and safety netting should only be considered as a last resort if other safety equipment cannot be used.

- Assessing work at height – Assess the risks, take precautions, and issue clear method statements for everyone who will work at height.
- Roof work – Plan safe access, and prevent falls from edges and openings.
- Fragile surfaces - The hierarchy of controls for working on or near fragile surfaces is avoid, control, communicate, co-operate.
- Ladders – When it’s appropriate to use ladders – and the three key safety issues – position, condition and safe use.
- Tower scaffolds – Select the right tower for the job; erect, use, move and dismantle the tower safely; ensure that it is stable; inspect it regularly; prevent falls.

WHS strongly recommend that those working on roofs download (free) the HSE guidance document HSG 33 from http://www.hse.gov.uk/pubns/books/hsg33.htm

And now the consequences of ignoring the above:

Work at Height:

- Telford construction firm, Dodd Group (Midlands) Ltd, has been prosecuted by the HSE after a man shattered his wrist when he fell from a youth centre roof in Solihull. The company was fined £20,000 plus £3,511 in costs for failing to plan a safe system of work, assess the risk, supervise the employee adequately or provide any safety barriers or other means to prevent a fall.

- Construction firm, Tower Hire (Services) Ltd, has been fined £8,000 plus £6,644 costs after a man was seriously injured at a Worcester building site. He fell more than five metres through a fragile roof when he stood on a skylight which gave way; he plunged almost five and half metres to the floor below, breaking his pelvis, elbow and wrist.

- Nottinghamshire welding firm, IFT Services Ltd, has been prosecuted for safety failings after a worker was seriously injured when he plunged from a barn roof onto a grain bucket. He fell four to five metres onto the bucket below when he stepped from a cage attached to a telehandler and climbed out onto a scaffold board. IFT Services Ltd was fined £4,000 and ordered to pay costs of £2,000.

- A plumber installing a water heater at the edge of a boarded area fell through a fragile ceiling tile, landing on his neck. Two years earlier another plumber had fallen through the ceiling but had saved himself. The HSE prosecuted the site occupiers, Dowding and Mills UK Ltd, and the injured worker’s employer, Mike Wilde. They were fined a total of £7,000 plus £1798 costs. The HSE inspector said “It’s disappointing this work was allowed to go ahead without suitable planning for working at height, especially as another plumber had fallen through a roof tile at the same site.”

- The owner of a Cornish roofing company has found himself in court after ignoring an order to undertake construction safety training. Nathan Michell, 34, who owns Redruth-based All Roofs, was served an Improvement Notice by the HSE. Scaffolding was incomplete with barriers missing. A broken loft ladder (held together at the join with a piece of rope) was also being used. Training courses were arranged on two occasions but he did not attend either. Mr Michell, was personally fined £1,200 plus £800 costs.

- Surrey roofing company, BRC Industrial Roofing Specialists Ltd, was fined a total of £2,500 plus £1,000 costs after two workers were spotted working on a roof almost 30 feet high without using any safety equipment. The company’s managing director, Lee Berbridge, was also fined a total of £3,500 plus £1,653.

- A Hampshire roofing boss has been fined after workers were spotted removing roof tiles without scaffolding or safety barriers to prevent them falling. One man was unprotected on the roof, another in the raised bucket of a digger taking tiles from the roof, while a third was on top of a long ladder throwing wall tiles down to ground level. Mr Shea of Blackmoor Roofing, Liss, Hampshire pleaded guilty to breaching regulation 25(1) of the Construction (Design and Management) Regulations 2007. He was fined £10,000 and ordered to pay costs of £6,497.

- A Halifax man’s life was shattered after he plunged from the roof of a two-storey house because the firm he worked for had no safe systems of working at height. He had put up a roof ladder and it gave way when he stepped onto it; he did not know there was a dormer extension on the other side of the roof so the roof ladder had failed to hook over the ridge properly. His employer, Fluetech Ltd, was fined a total of £13,500 plus £3,873.

- Furber Roofing Ltd, was fined £2000 plus costs of £1500 after allowing two employees to work dangerously on a roof.

- Martin Nealon, trading as CFR Flat Roofing, was fined £5,985 plus costs of £1,800. Three of his workers were spotted replacing tiles on a sloping roof near an unprotected gable end of a three-storey building.

- M&D Roof Coatings Ltd was fined £10,000 plus costs of £7,269 after failing to make sure that work was planned and carried out safely. An employee was seen power washing a sloping roof while standing at the edge nearly 5m above the ground, without any safety precautions in place to stop him falling to the ground below.

- Cambridge construction company, Balsham (Buildings) Ltd, was fined a total of £14,000 plus 8832 costs after one of its employees suffered severe head injuries which blinded him in one eye. Builder and fitter John Ingram was working outside on a project to refurbish an agricultural building in Hertfordshire. He was using a tower scaffold erected on top of a freight container and fell to the ground while trying to climb down.

Asbestos:

- Construction company, Quarnmill Construction Ltd, has been fined £13,000 plus costs of £2,700 for its role in exposing workers to asbestos in Derby. The company provided the contractor appointed to remove ACMs with a survey detailing the work to be done, but did not check his suitability to carry out the work, or that he held a licence to remove asbestos, as required by law.

Quarnmill informed the HSE that they thought the site had become contaminated with asbestos as a result of the work the contractor had carried out. The company pleaded guilty to breaching the Construction (Design and Management) Regulations 2007 for allowing such failings at a site under its control.

- Property developer, Michael Murton, has been handed multiple suspended prison sentences for failing to identify the presence of asbestos before allowing contractors to start renovations. Murton was converting a nightclub in Wrexham into three bars. He had instructed contractors to remove sprayed coating containing amosite (brown asbestos) from steel beams before they were to be sandblasted, then to place the debris in an outside skip, which was subsequently collected by the skip-hire firm and taken to a landfill site to be buried. Mr. Murton received two 8 months and one 12 months suspended prison sentences (to run concurrently) and was also ordered to carry out 200 hours of community service and pay £10,000 costs.

- Construction site manager, Henry Bohlen, was given a suspended sentence of two months and ordered to carry out 150 hours of community service after directing a bricklayer to demolish a wall that contained asbestos. An asbestos survey was available and the architects had designed the renovation to avoid disturbing the wall but additional work was identified and, rather than wait for authorisation or amended plans, Bohlen decided to instruct the bricklayer to demolish the facia boards. The bricklayer will have to live with for the rest of his life wondering whether his site manager’s lack of consideration might lead to him contracting a deadly disease.

- The director of an asbestos surveying firm, Shay James (director of Amencon Ltd) was fined £5,000 and plus costs of £2,348 after failing to manage the spread of asbestos at a demolition site in Leicester.

James was appointed by Bovis Homes to carry out an asbestos survey of a factory unit. He carried out the survey with an employee but failed to identify 1,252 sq m of asbestos insulation board (AIB) and lagging. As a result, part of the building containing AIB and lagging was demolished without putting proper asbestos management processes in place.

Excavations:

- A man working on a building site in Kent has been killed after a trench collapsed on him. Police and the air ambulance were called to Bridgefield Road, Whitstable, but the 24-year-old was pronounced dead at the scene having suffered a cardiac arrest.

The HSE is investigating, assisted by Kent Police. Officers arrested a man on suspicion of corporate manslaughter who was later released on bail.

Legionnaires’ disease:

- An exclusive leisure resort on the outskirts of Dundee has been fined £120,000 for a breach of health and safety law after a visitor died from Legionnaires’ disease. Environmental health officers were called by Angus Council to investigate the resort where they found traces of Legionnaires’ disease in a shower-head and a hot tub in one of the lodges at the four-star complex.

The head of the Crown Office said: “The control measures which were put in place at the Piperdam resort were inadequate and led to the proliferation of the legionella bacteria in the lodge where Mr Warnes and his family were staying. Mr Warnes’ death was entirely avoidable and, had Piperdam met its statutory health and safety obligations, he would be alive today.”

Employer’s Liability (Compulsory Insurance) Act 1969:

- A Shropshire man, Brian Woods (trading as Brian Woods Recycling) has been fined for running a plastics recycling business without having compulsory Employers’ Liability insurance in place. He had displayed an insurance certificate at the premises but had not paid the insurance premiums. Woods was fined £2,500 plus costs of £1,000.

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

Accident investigation (even for minor accidents) can identify shortcomings, recommend improvements and prevent a more serious incident next time.

Site inspections and near-miss reporting can identify shortcomings and recommend improvements before they result in incidents.

Remember – 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.

Enclosures:

- Safety Alert
- HSE indg345 H&S Training (and its importance)
- Electrical Safety on refurbishment work

Newsletter June 2011 – General

Wenlockhs — Tue, 24 May 2011 09:21:31 +0000

COMPANY NEWS

New Staff

Mobile Phone Use Whilst Driving

We have observed on several occasions, drivers of clients’ vehicles using hand-held mobile phones; this is illegal and extremely dangerous. Most WHS clients receive employee health & safety induction from us each year which clearly reiterates the message that it is illegal and cannot be tolerated; please make sure that this is given out each year and the signed acknowledgement of receipt is held on employee records for at least 5 years.

HSE Target Issues

Local Health and Safety Executive Officers, Guy Dale and Lindsay Hope, have given an overview of HSE priority areas for the forthcoming months (basically as before), including:

- COSHH; assessment of products and face-fit testing where use of masks/respiratory equipment is mandatory or advisable
- Working at Height (as always, the largest number of fatalities); Guy said he had just been to an inquest of a 36 year old father who had fallen 7m to his death through a fragile roof.
- Good Order; the HSE will be looking for an orderly premises and clear pathways, avoiding slips and trips.
- Asbestos; the HSE will be particularly focusing on whether Asbestos Management Systems are in place.
- Timber Framed Buildings; the HSE will be particularly focusing on extensive fire precautions

Safety Bulletin

RIDDOR

HSE has introduced new arrangements for the reporting of injuries and incidents:

BUSINESS NEWS

Bribery Act 2010

The Bribery Act comes into force on 1 July 2011. Businesses and individuals can now be caught under 4 offences of bribery:

There is however a defence under that Act; if you can demonstrate that you have adequate procedures in place to prevent bribery then liability may be avoided.

ENVIRONMENTAL NEWS

Following last months newsletter, a reminder that as from 1 October 2011, whenever you pass waste on to someone else, you will have to declare on the waste transfer note or hazardous waste consignment note that you have applied the waste management hierarchy of reduce, recycle or reuse. Additionally, from 28 September 2011, you must also include on the waste transfer note the 2007 Standard Industrial Classification (SIC) code of the company transferring the waste.

- Environmental Protection (Duty of Care) Regulations SI 1991/2839;
- Controlled Waste (Registration of Carriers and Seizure of Vehicles) (Amendment) Regulations SI 1998/605.

HUMAN RESOURCE NEWS

Planned Reductions in Red Tape for Small Businesses

In the recent 2011 budget, the Government pledged to support small businesses. Several planned changes for April have been put on hold and others are under review.

Flexible Rights – Postponed?

New Rates

** HOT OFF THE PRESS **
New National Minimum Wage Rates for October 2011 will be: 21+ £6.08, 18-20 £4.98, 16-17 £3.68, Apprentice rate £2.60 p/hr

Changes to Maternity and Paternity Provision

Call us if you would like Kay to provide advice as there are eligibility and notice specifications that will apply.

AND FINALLY………

Recent Accidents & Prosecutions

It is a shame that we have enough accidents and prosecutions to report to you each newsletter. After reading these how many do you think were down to a basic lack of common sense, never mind flouting legislation:-

Machinery guarding:

- Metal fabrication firm, RDB Fabrication and Engineering Ltd, was fined £12,000 plus £2,000 costs after a 22-year-old worker’s hand was severed by a machine the first time he worked on it; he had been given less than ten minutes’ instruction on its operation. An HSE investigation found the press brake, used to bend sheet metal, was fitted with an electronic motion guard to stop the machine moving if a part of a person entered the danger zone. However when the operator reached into the machine to reposition a part, it had failed to operate and stop the movement of the tool.

- A factory worker was dragged through a five-inch gap in a steel processing machine – and lived to tell the tale. As father-of-one Matthew Lowe went through the machine, his back was broken in two places, his pelvis was shattered, both hips and several ribs were fractured and his stomach and bowel were ruptured. His clothing was caught as he walked away from the computer-controlled conveyor which moves metal into the factory, pulling him backwards and dragging him sideways through the machine, luckily his head went through a bigger gap. The employer, Compass Engineering and the German company that installed the conveyor system used for moving heavy steel beams, are yet to face the courts.

Risk assessment:

- Team Waste (Southern) Ltd, Sussex, was fined a total of £250,000 and ordered to pay costs of £50,000 after Anne Smith, 61, was hit by a refuse vehicle as it reversed up Cranbourne Street in Brighton city centre at 6.20am. The driver did not realise he had struck Mrs Smith until her body lay about three metres in front of the vehicle. Mrs Smith died shortly afterwards.

The HSE investigation found that the driver reversed the refuse collection vehicle without a banksman, contrary to Team Waste’s operating policy. The vehicle also had defective CCTV at the rear and the audible reversing siren was turned off. The driver believed such alarms were prohibited before 7.00am. Team Waste (Southern) Ltd were prosecuted for failing to ensure that control measures identified in their own risk assessment were put into practice.

COSHH:

- City Response Ltd was fined £5000 and ordered to pay £2965 costs was contracted to carry out maintenance work at properties owned by a housing association in Manchester. Employee, Neil Kelly, was sent to repair a blocked sink; he used a plunger on the sink but this did not fix the problem so he used sink unblocker fluid which contained a high concentration of sulphuric acid. He then turned on the tap, and when the water mixed with the chemical, it caused an exothermic explosion. He suffered burns to his face, chest and arms and was unable to return to work for two months owing to his injuries.

City Response was prosecuted, for not adequately assessing and controlling the exposure of workers to hazardous chemicals. It was fined £5000 and ordered to pay £2965 in costs.

- A man with learning difficulties died and five others with disabilities suffered horrific internal injuries after a carer confused dishwasher fluid (stored in a container that was similar in appearance to that of an orange-squash bottle containing Sodium Hydroxide), with orange squash and gave it to a group to drink on a council-organised trip.

East Sussex County Council was fined £50,000 and ordered to pa £27,670 in costs.

Electrical safety & welfare:

- Townfield Manufacturing Co Ltd, which manufactures kitchen equipment for takeaway restaurants, was prosecuted after inspectors found fixed electrical sockets and a number of portable electric appliances were in a poor state of repair at the firm’s office.

The HSE had visited and noticed detached or exposed earth wires, cracked plugs, incorrectly installed leads, etc. During the same visit, inspectors also found that employees at the company were forced to work in gloves, scarves, hats and coats because of the near-freezing conditions in the workshop which had no heating system. In addition, workers were using power tools, so their winter clothing posed an entanglement risk.
A return visit by the HSE five days after the compliance date for the enforcement notices and found that the wall sockets were still unsafe and the company had only provided workers with one stand-alone heater, which had barely lifted the temperature.

The company refused to cooperate with the investigation and was convicted in its absence; it was prosecuted for failing to comply with the Improvement Notices and was fined a total of £10,000 plus £3979 costs.

Employer’s Liability (Compulsory Insurance) Act 1969:

Workplace transport:

- Llanelli-based automotive manufacturer, Calsonic Kansei UK Ltd, has been fined £400,000 plus £44,790 costs after an employee died on the day he was to take voluntary redundancy.

An HSE investigation found Mr Small had gone onto the factory floor to issue instruction to a forklift truck operator; as Mr Small finished speaking the forklift truck reversed into him, knocking him to the ground. He sustained fatal head injuries, and died in Morriston Hospital three days later.

- Nuneaton recycling company, Intelligent Recycling, has been fined £4,000 and ordered to pay £2,832 costs after an 18-year-old employee was pinned to the ground by a forklift truck.

The employee, was using the forklift to unload a vehicle when it overturned and landed on top of him. He broke his left lower leg, dislocated his left ankle and his left elbow was broken, crushed and dislocated as a result of the incident. Nuneaton Magistrates’ Court heard today that the teenager, who had been working for the company for three weeks (his first proper job since leaving education), had received no formal training on operating a forklift truck and no induction training. An HSE investigation found that other employees also operated forklift trucks without formal training and the yard area was unsupervised.

In addition, the only supply of drinking water on site was from a blue hose lying on the floor behind a portable building!

*******************************************************

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

Accident investigation (even for minor accidents) can identify shortcomings, recommend improvements and prevent a more serious incident next time.

Site inspections and near-miss reporting can identify shortcomings and recommend improvements before they result in incidents.

Remember – 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.

Enclosures:

- Safety Alert
- HSE indg345 H&S Training (and its importance)
- Electrical Safety on refurbishment work

Newsletter June 2011 – M&E

Wenlockhs — Mon, 23 May 2011 13:50:22 +0000

COMPANY NEWS

New Staff

Mobile Phone Use Whilst Driving

HSE Target Issues

Local Health and Safety Executive Officers, Guy Dale and Lindsay Hope, have given an overview of HSE priority areas for the forthcoming months (basically as before), including:

- COSHH; assessment of products and face-fit testing where use of masks/respiratory equipment is mandatory or advisable
- Working at Height (as always, the largest number of fatalities); Guy said he had just been to an inquest of a 36 year old father who had fallen 7m to his death through a fragile roof.
- Good Order; the HSE will be looking for an orderly site and clear pathways, avoiding slips and trips.
- Asbestos; the HSE will be particularly focusing on the control of risks on refurbishment projects and smaller contractors.

Safety Bulletin

An HSE inspector visited a DCT Civil Engineering site and issued a Prohibition Notice to an individual employee who was using a cut-off saw (Stihl) to remove tarmac. He was not using the water bottle to suppress dust or wearing any breathing protection.

Refer to the attached DCT bulletin for the full details of exactly why the individual was targeted instead of the employer. The relevance of this bulletin is to highlight the importance of the competence of employees (the training and information provided by the employer) and the subsequent duty placed on the employee to follow the employer’s instruction and guidance. Please issue this warning to all employees.

RIDDOR

HSE has introduced new arrangements for the reporting of injuries and incidents:

BUSINESS NEWS

Bribery Act 2010

The Bribery Act comes into force on 1 July 2011. Businesses and individuals can now be caught under 4 offences of bribery:

- the giving of a bribe
- the receiving of a bribe
- the bribery of foreign officials
- the failure of commercial organisations to prevent bribery

You and your company will be guilty of this offence if a person performing services on your behalf bribes another with the intention to (i) obtain or retain business for your company; or (ii) to obtain or retain an advantage for your company in the conduct of its business.

There is however a defence under that Act; if you can demonstrate that you have adequate procedures in place to prevent bribery then liability may be avoided.

ENVIRONMENTAL NEWS

Following last months newsletter, a reminder that as from 1 October 2011, whenever you pass waste on to someone else, you will have to declare on the waste transfer note or hazardous waste consignment note that you have applied the waste management hierarchy of reduce, recycle or reuse. Additionally, from 28 September 2011, you must also include on the waste transfer note the 2007 Standard Industrial Classification (SIC) code of the company transferring the waste.

- Environmental Protection (Duty of Care) Regulations SI 1991/2839;
- Controlled Waste (Registration of Carriers and Seizure of Vehicles) (Amendment) Regulations SI 1998/605.

HUMAN RESOURCE NEWS

Planned Reductions in Red Tape for Small Businesses

In the recent 2011 budget, the Government pledged to support small businesses. Several planned changes for April have been put on hold and others are under review.

Flexible Rights – Postponed?

Kay says – Flexible working rights may have been curbed and postponed for the time being, but the Government remains committed to extending these rights across all businesses.

Flexible working practices still make good business sense and help to keep staff motivated and engaged, so please do not ignore any reasonable requests from your employees.

New Rates

** HOT OFF THE PRESS **
New National Minimum Wage Rates for October 2011 will be: 21+ £6.08, 18-20 £4.98, 16-17 £3.68, Apprentice rate £2.60 p/hr

Changes to Maternity and Paternity Provision

Call us if you would like Kay to provide advice as there are eligibility and notice specifications that will apply.

AND FINALLY………

Recent Accidents & Prosecutions

Electrical safety & welfare:

- Buckinghamshire builder, Broadland (Builders) Limited, has been fined £12,000 with £4250 costs after Christmas decorations spanning the High Street in St. Neots collapsed, injuring two members of the public and narrowly missing a baby. Broadland was sub-contracted to install anchor bolts to secure festive decorations at several locations within St. Neots town centre.

The decoration, weighing approximately 50kg, were suspended on two catenary wires, attached via an anchor bolted into an unsafe part of the building. The mortar was also known to be weak, and no survey had been carried out; a survey may have also identified the poor choice of fixing location.

Overhead cables:

- A Newbury-based roofing company, Blackford (Newbury) Ltd, has been was fined £50,000 with £20,000 costs after a new employee was electrocuted while operating a lorry driven crane. Anthony Milani died when the crane touched overhead power cables.

Although the senior warehouseman was aware of the overhead electric cables at the site, he had not considered them to be a hazard; he was unaware of health and safety guidance about overhead power lines or the necessary training of crane drivers. In addition, signs warning of overhead cables had been removed several weeks earlier by the site owners.

- Spartan UK Ltd, of Gateshead was fined a total of £40,000 with £9,758 costs after a worker was crushed by rollers, resulting in the amputation of his right leg below the knee

Alan Dixon was helping to remove large mill rollers ready for cleaning; he was standing on the outgoing side of the mill with his feet in between several hot conveyor rollers in order to attach a hydraulic ram to aid the removal of the rollers. However, a co-worker in the control room was unaware Mr Dixon was standing on the mill and activated hydraulic side arms used to position steel plates through the mill rollers. Before he could escape, one of the side arms moved inwards crushing Mr Dixon’s right foot and part of his left foot.

Fire:

- Enviro-Strip, of Lichfield, was fined £20,000 in total with £6491 costs after a worker suffered serious burns from a flash fire after opening a door on a specialised oven used to remove paint from metal in a low-oxygen environment at a factory unit in Tamworth. The worker suffered acute burns on his face, arm, neck and left hand; he is back at work but cannot stay out in sunlight as his skin is now too sensitive.

The HSE investigation found a safety device designed to prevent the door from being opened at temperatures above 260 degrees had been deliberately by-passed.

Work equipment:

- Tunbridge Wells printing firm, Printwells Limited, has been fined £3,000 with £2,500 costs after intentionally removing safety guards from its printing machines, potentially putting staff at risk of injury. (Note: This prosecution is without an accident having occurred)

HSE inspectors found machine guards, known as safety interlocks, had been deactivated on two machines. The guards should have been in place to protect employees from accessing dangerous parts of the machinery. HSE’s investigation found the interlocks had been removed to allow the supervisor for the department to undertake routine maintenance work, apparently common practise within this branch of Printwells despite having received 2 improvement notices for the same offence in 2003.

- Matrix Polymers of Merseyside was fined £3,500 with £3,500 in costs after an employee, Gary McKeown, lost gingers and a thumb whilst was emptying plastic granules from blender mixer; his hand got caught in rotating parts. The firm admitted that a locking mechanism had been broken for more than a year and a wire mesh guard over the hatch had been tied back.

Employer’s Liability (Compulsory Insurance) Act 1969:

Workplace transport:

- Llanelli-based automotive manufacturer, Calsonic Kansei UK Ltd, has been fined £400,000 plus £44,790 costs after an employee died on the day he was to take voluntary redundancy.

- Nuneaton recycling company, Intelligent Recycling, has been fined £4,000 and ordered to pay £2,832 costs after an 18-year-old employee was pinned to the ground by a forklift truck.

In addition, the only supply of drinking water on site was from a blue hose lying on the floor behind a portable building!

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

Accident investigation (even for minor accidents) can identify shortcomings, recommend improvements and prevent a more serious incident next time.

Site inspections and near-miss reporting can identify shortcomings and recommend improvements before they result in incidents.

Remember – 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.

Enclosures:

- Safety Alert
- HSE indg345 H&S Training (and its importance)
- Electrical Safety on refurbishment work

Newsletter April 2011 – Construction

Wenlockhs — Mon, 11 Apr 2011 12:31:28 +0000

COMPANY NEWS

We are now able to offer First Aid training!

The training is fully certificated, HSE approved and accredited through NUCO Training, and, unlike a lot of companies, we are able to offer you this in your own premises as well as at our head office.
Each person comes away with an extensive handbook including all essential information learnt during the course.

There is a minimum of 6 delegates per session and a maximum of 12 (max of 8 if at WHS head office). However, if you have less than 6 delegates for a course, we can add you to our waiting list to combine companies.

Rates:
- 6 to 8 delegates @ £50/person (+ VAT)
- 9 to 12 delegates @ £39/person (+ VAT)
- For training at your premises, travel time and mileage charges may apply as per your subscription terms

Easter Closing Times

Please note we will be closed from 22 April to 25 April for Good Friday and Easter Monday, as well as from 29 April to 2 May. For emergency purposes only over these periods, you can reach Jackie on 07866 605920.

HSE NEWS

Migrant construction workers H&S information

Following a recent accident involving Latvian migrant agency workers and the release of a toxic gas, caused by mixing the wrong chemicals when cleaning machinery at a vegetable packing factory…

Here is a reminder that the HSE have information for Romanian, polish, Indian and other migrant construction workers on their dedicated website.
http://www.hse.gov.uk/construction/languages/index.htm?ebul=cons/jan10&cr=23

If you employ or work with colleagues from these countries let them know how to find out about construction health and safety.

WHS’s advice would always be that it isn’t a good idea to employ anyone without a good command of English – the risks are too great.

COSHH advice

The HSE has revised its ‘Read the label’ leaflet for workers that may be exposed to chemicals at work. It will help workers identify chemicals by reading the label and also shows them how to interpret the various hazard symbols. This can be useful in helping users to complete an accurate risk assessment, under the Control of Substances Hazardous to Health Regulations 2002 (COSHH). The leaflet also outlines the changes in European Regulation on the Classification, Labelling and Packaging of Substances and Mixtures, including:

- the newly designed pictogram hazard symbols
- new hazard symbols
- changes to chemical classifications; and
- precautionary statements and hazard statements

The leaflet can be obtained from www.hse.gov.uk/pubns/indg352.pdf

Fire Safety in Construction

The HSE has updated its guide ‘Fire safety in construction’ to help all workers involved in construction to identify and eliminate the main causes of ill health and accidents, and to control the risks. It is about preventing fires starting and making sure people are safe if they do.

The guide is simple and comprehensive and is extremely helpful to anyone who has a role in the management, development and application of fire standards on construction sites of any size:

- clients
- designers
- site managers
- contractors; and
- CDM duty holders

Fire prevention on construction sites is still one of the HSE targets; do you know your duties?

HSE blitz refurbishment sites

The HSE is undertaking a nationwide round of inspections on construction sites in a bid to reduce the toll of death and injury in the sector.

The blitz, which is now in its fifth year, will focus heavily on refurbishment and maintenance activities. The latest annual health and safety statistics revealed that nearly three-quarters of the 42 construction deaths last year (2009/10) related to these types of tasks.

During the unannounced visits – which started on 14 February – HSE inspectors will be checking that sites are managing work at height safely, that they are in good order to avoid trips and falls, and that walkways and stairs are free from obstruction. They will also monitor whether equipment is correctly installed, maintained and used.

INDUSTRY NEWS

Fire hazards on construction sites

Following on from the HSE updated guide ‘Fire safety in construction’, one of the common causes of fires on construction sites is the overloading of sockets and extension cables in site accommodation. Therefore a reminder of the following common electrical faults posing fire risks may be useful:

- use of flat twin and earth cable as extension leads instead of suitable flexible cable;
- overloading of sockets in site accommodation;
- cable laid in or near combustible material, frequently in roof and ceiling voids;
- accumulation of rubbish against distribution boards poses similar fire risks and often occurs when installations are located in quiet parts of the site;
- intentional defeating of safety devices, such as fuses or circuit breakers;
- mechanical damage to cables, often as a result of inappropriate routeing of cables;
- makeshift cable joints made without correct proprietary connectors; and/or use of non heat-resistant glass or broken glass cover over a halogen lamp (poor heat-resisting glass covers have been known to ignite flammable vapours being emitted from a freshly applied solvent-based covering laid on to floors).
The proper use of electrical safety devices, such as residual current devices (RCDs), can reduce the risks of fire arising from electrical faults. However, they do not substitute for properly designed, installed, inspected and maintained electrical installations under the supervision of an electrically competent person.

Safe work on machinery

Each year there are many unnecessary injuries and deaths because machinery was not made safe before maintenance work was carried out; often caused due to the worker not realising that the machinery needs to be made safe or because they didn’t know how to do it properly.

Here’s what happens:

- impact from high speed moving parts or parts that move unexpectedly, usually when either removing or dislodging blockages, investigating stoppages or just carrying out maintenance and cleaning activities
- workers or their clothes being caught in machinery and drawn in for the same reasons
- contact with electricity caused during any of the above

All that’s required is to do a risk assessment that takes into account all types of work that will be carried out on that machine. Revisit the risk assessment in case something has occurred that requires a change in the method of working.

Operate safe systems of work, ensuring that the workers are trained in this and are competent to turn off each power source using a suitable device such as an isolator, not an ordinary switch, checking that each energy source has successfully been turned off. Never rely on the on/off switch while someone is in the danger area. Supervise non-routine work activities.

Ensure that any energy stored in devices such as springs and hydraulic cylinders is released, secure any heavy parts that may move under gravity and prevent all sources of energy being turned on again until the work is completed by locks or other suitable means.

Beware of these plants

Just a reminder that when you’re walking through or clearing undergrowth, noth only do you run the risk of disturbing syringes, glass and other types of harmful waste, but innocuous things like plants can also be extremely harmful. These are a few examples of common plant with nasty side effects.

Cover up and wash up!

Wild Parsnip causes skin damage

Flowers from May to July – grows amongst oil seed rape
Juice reacts with sunlight to cause blistering – BEWARE

Monkshood

‘Monkshood’ is one of the most toxic (toxin is alkaloid called aconite) plants known to man. In Europe, the poison that was collected from this plant was used to kill wolves and mad dogs hence its other name “Wolfsbane” or “Dogsbane”. It is perennial, growing all year round and is sometimes found in domestic gardens, in greenhouses or landscaped ornamental areas; it is banned form cultivation in some countries.

This plant is the deadliest known to man with all parts poisonous. The poison can enter through the skin so just touching it can cause the following symptoms:-
Vomiting, sweating, frothing, confusion, dizziness, breathing problems, headaches, paralysis, blurred vision, alternate cold and burning sensations, motor impairment, tingling, shallow breathing and slowed pulse.
Death normally only occurs if the plant is ingested and usually happens about one hour after ingestion. People have died after mistaking it for an edible plant.

Always wear gloves when handling and wash hands after removing gloves in order to remove all traces of the toxin.

Vehicle speed limits

With the saving of fuel in mind and also keeping your driving license clean here is a reminder of the speed limits related to the type of vehicles we might drive:

Cars and motorcycles
(including car derived vans up to 2 tonnes maximum laden weight

Built-up Areas* - 30

Single Carriageways - 60

DualCarriageways - 70

Motorways – 70

Cars towing caravans or trailers
(including car derived vans and motorcycles)

Built-up Areas* - 30

Single Carriageways - 50

DualCarriageways - 60

Motorways – 60

Buses and coaches
(not exceeding 12 metres in overall length)

Built-up Areas*- 30

Single Carriageways - 50

DualCarriageways - 60

Motorways – 70

Goods vehicles
(not exceeding 7.5 tonnes maximum laden weight).

Built-up Areas* - 30

Single Carriageways - 50

DualCarriageways - 60

Motorways – 70**

Goods vehicles
(exceeding 7.5 tonnes maximum laden weight)

Built-up Areas* – 30

Single Carriageways - 40

DualCarriageways - 50

Motorways – 60

* The 30 mph limit usually applies to all traffic on all roads with street lighting unless signs show otherwise.
** 60 mph (96 km/h) if articulated or towing a trailer and restricted on motorways to the nearside and centre overtaking lane.

HUMAN RESOURCE NEWS

Retiring employees – One month to go…

From the 6th April 2011, ‘retirement’ will not be a fair reason for the dismissal of an employee and the ‘retirement’ exemption under Age Discrimination laws will be abolished.

Consequently, any retirement dismissal on or after 6th April 2011 is likely to be both unfair AND age discriminatory, unless the transitional provisions apply.

The transitional provisions are therefore very important and employers must make sure that they are well aware of them. Employees can still be lawfully retired provided the employer serves notice of intention to retire by 5th April 2011 and the employee is already 65 or will be by 30th September 2011. Once that date has passed, unless the employer can justify a set retirement age (which it is anticipated will be extremely difficult), then the retirement of any employee, whatever their age, is likely to be unlawful.

Given that any employee aged 65 or older is likely to encounter difficulties in finding alternative employment once dismissed, any compensation awarded to them as a consequence of an unfair dismissal is likely to be substantial.

Employers with employees who are already 65 or will be by the end of September 2011 should therefore ensure that, if they do intend to retire such employees, the appropriate notice is sent before 6th April 2011.

Age limits cost companies dearly

Shropshire companies who want to include young staff members on their motor insurance policies face tough choices.

Henshalls said younger drivers, particularly anyone under 25, often struggled to get motor insurance at a reasonable cost. “And unfortunately, if your company employs a person in this age group who needs access to one or more of your vehicles, you will face exactly the same problems. If you are considering putting someone under 25 on your company insurance, it’s very likely that you’ll see a real increase in your premium. The young person will also attract an additional excess, on top of your standard excess. This could be anything from £250 to £500, which means the financial considerations are very expensive for just one employee.”

Henshalls said there were several alternative options that employers could look into, including using low-powered vehicles, and restricting any vehicle the young person uses to business use only.

Another option if the young person had their own car is to ask them to add “business use” to their policy, which will probably cost between £20 and £30, and the employer can offer to pay the difference as well as paying their mileage.

Agency Workers Regulations

Just 7 per cent of UK employers have assessed how they will be affected by the Agency Workers Regulations (AWR).

The AWR come into force on 1 October and will ensure that agency workers receive the right to the same basic employment terms and conditions as those in an equivalent, directly-recruited permanent role. Some rights will apply from day one, such as having the same access to facilities and job vacancies. Other rights, such as pay and some benefits, will apply after the agency worker has been in the same job for 12 weeks.

ENVIRONMENTAL NEWS

Waste Regulations 2011 England and Wales

The Waste (England and Wales) Regulations 2011 will when introduced:

- require businesses to confirm that they have applied the waste management hierarchy when transferring waste, and include a declaration on their waste transfer note or consignment note
- introduce a two-tier system for waste carrier and broker registration, including a new concept of a waste dealer
- make amendments to hazardous waste controls
- exclude some categories of waste from waste controls
The regulations implement the revised EU Waste Framework Directive 2008/98, which sets requirements for the collection, transport, recovery and disposal of waste.

Using the waste management hierarchy

The hierarchy sets out, in order of priority, the waste management options you should consider:
1. prevention
2. preparing for reuse
3. recycling
4. recovery, e.g. energy recovery
5. disposal

Whenever you pass waste on to someone else, you will have to declare on the waste transfer note, or consignment note for hazardous waste, that you have applied the waste management hierarchy.

You must also include on the waste transfer note the 2007 Standard Industrial Classification (SIC) code of the person transferring the waste. You should continue to use the 2003 SIC codes on hazardous waste consignment notes.

These requirements will be introduced six months after the regulations come into force.
If you have an environmental permit for an operation which generates waste, you will have to apply the waste management hierarchy. This will be a condition of new environmental permits, and will be added to existing permits when they are reviewed.

The regulations introduce a new category, H13 Sensitizing, to the list of properties defining waste as hazardous.

Sensitizing substances cause hypersensitisation, i.e. the substance will cause adverse effects if you inhale it or it penetrates your skin and you are then further exposed to the substance.
The former category H13 now becomes H15. This adds ecotoxicity to the properties that can define a leachate as hazardous.

These changes mean that some non-hazardous wastes may be reclassified as hazardous wastes.

There are new standard rules for environmental permits related to mobile plant for the treatment of soils including bioremediation and stabilisation with effect from April 6th 2011 details can be found at the following URL:-

http://www.environment-agency.gov.uk/business/topics/permitting/127035.aspx?dm_i=2WX,DHUR,1M9CYI,12H9F,1

AND FINALLY………

Recent Accidents & Prosecutions

Four men, two of them brothers, all died in a single accident near Bury St Edmunds recently, when a steel structure reportedly collapsed on them during foundation works. This highlights the need to maintain Health and Safety legislation, not to water it down so that prosecutions are less likely in cases of tragedies similar to this.

Work at height:

- A demolition worker had his career halted after suffering severe injuries in a fall through a garage roof. The man shattered his leg and broke his wrist after falling seven feet through a fragile asbestos cement roof when helping to demolish a block of single-storey garages.

Supervision was so poor the firm was unaware employees had to go onto the roofs to dismantle them and break asbestos cement flashings. And although the firm had identified equipment that should have been provided, such as a tower scaffold and dust suppression spray, plus basic facilities like toilets, it failed to provide them.
The Health and Safety Executive (HSE) prosecuted the demolition company, H. Cope & Sons Ltd, of Grimsby, under the Health and Safety at Work Act 1974. The company, which pleaded guilty, was fined a total of £12,000 with costs of £3,570.80.

- A Hammersmith company has been fined for poor supervision and site management after a 23 yr old worker had his leg amputated following a fall at a refurbishment property in West London. He fell 3 metres from an incorrectly, subcontractor built, collapsing first floor.

The project manager and her manager were not trained in construction; Howper 291 Ltd pleaded guilty to breaching the Health and Safety at Work Act. They were fined £10,000 and ordered to pay costs of £4,172.

Asbestos working:

- A security firm, a company director and an NHS Trust have been fined after potentially dangerous asbestos fibres were released in a county hospital.

Security cabling was run though roof spaces and walling with inadequate asbestos information and incorrect assumptions were being made on the location of asbestos. No asbestos training had been provided by NUTEC for its employees.

Northamptonshire NHS Teaching Primary Care Trust pleaded guilty to breaching the Control of Asbestos Regulations 2006 and the Management of Health and Safety at Work Regulations 1999. It was fined a total of £4,000 and ordered to pay costs of £1,755.

NUTEC Security Systems Ltd, of Northampton, pleaded guilty to breaching the Control of Asbestos Regulations 2006. The company was fined a total of £ 4,200 and ordered to pay costs of £1,755.

Paul Beeby admitted to breaching the Control of Asbestos Regulations 2006, for failing to carry out a suitable assessment to check if asbestos was present. He was fined £1200 and ordered to pay £1755 towards costs.

- Concept Roofing and Cladding Services appeared in court and pleaded guilty to breaching the Control of Asbestos Regulations 2006, for failing to prevent the spread of asbestos. It was fined £12,000 and ordered to pay £22,375 in costs.

High pressure water jetting of asbestos roofing panels released fibres into the atmosphere, contaminating the local area and a bus stop.

- Nuneaton and Bedworth Borough Council has been fined £5,000 and ordered to pay costs of £2,140 for a breach of the Control of Asbestos Regulations 2006, after sending an employee to deal with a water leak in a housing complex without warning him asbestos was present. He spent 20 minutes sawing through ceiling tiles containing asbestos, without any protection for him or the residents.

Hand Arm Vibration Syndrome:

- A Cheshire council has been sentenced after a maintenance worker suffered a permanent loss of movement to his hands. He developed a severe form of hand arm vibration syndrome.

The worker regularly used heavy-duty vibrating equipment, including pneumatic drills and hand-held grinders. The council first identified the early stages of the condition in July 2005. The worker was recommended for annual assessments but, despite being reassessed in 2006, he was not seen again until 2009.

Cheshire East Council pleaded guilty to two breaches of the Control of Vibration at Work Regulations 2005. The council was fined £5,300 and ordered to pay £5,860 costs.

Poor planning:

- A partner in a Nottingham construction firm has been fined after a sub-contractor suffered permanent leg injuries when falling under a telehandler. He was asked to steady an unstable load of breeze blocks (incorrectly packaged for a telehandler) and whilst walking along side, slipped and fell under the front wheel.

John Handley admitted breaching the Health and Safety at Work Act 1974 for failing to ensure the health, safety and welfare at work of persons not in his employment (poor planning of deliveries). He was fined £5,000 and ordered to pay costs of £4,000.

- A contractor died when a trench collapsed on him. Joshua Bladon, 22, was working for Russell Smith Ltd at a site in Aylesbury. He was digging the trench for the foundations of a house extension with a colleague, who was using a mini-excavator. The original trench was extended from 1.2m to 2m by a building inspector due to the proximity of trees but no risk assessment was made for this increase in depth. Joshua died of asphyxiation before he could be rescued.

Russell Smith Ltd pleaded guilty to breaching the HSWA 1974
and was fined the just £5000, after its defence counsel presented information on its “parlous” financial state, and said it had previously had a good health and safety record. It was ordered to pay £5000 towards the HSE’s costs.

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Please remember to notify us if you have an accident or an incident – so we can help!

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:

Brief guide to LOLER (Lifting Operations Lifting Equipment Reg