COMPANY NEWS
Forthcoming Courses
Forthcoming dates and fees for courses for the remainder of 2019 are as follows. Please contact Vicki at Wenlock Health & Safety Ltd (WHS) on 01952 885885 or vicki@wenlockhs.co.uk to book a course.
Note that all courses will be held at our offices in Jackfield, Telford
However, if any organisation requires attendance by 6 or more employees, a specific course can be arranged at a date, time and location to suit. Please contact the WHS office to discuss your requirements and agree costs.
All course fees below include tea & coffee and all course literature. However, lunch is included on some, but not all, courses; it is important to check the details below.
IOSH Managing Safely
Duration: 3 days
Dates:
22, 23 & 24 October (Tuesday – Thursday)
Cost: £395 + VAT per person
Lunch is provided
First Aid
Forthcoming dates for the WHS 1-day Emergency First Aid courses for the remainder of 2019 (to enable you to plan well ahead) are as follows.
Duration: 1 day Emergency First Aid (6 hours)
Dates:
21 August 2019
23 September 2019
21 October 2019 (please note that this date has changed)
26 November 2019
18 December 2019
Cost: £75 + VAT per person
Lunch is NOT provided
First Aid for Mental Health
Duration: 1 day Level 2 RQF (6 hours)
Dates:
2 October 2019 (Wednesday)
Cost: £75 + VAT per person
Lunch is provided
This is proving to be a very popular course. Both previous courses sold out immediately so please book as soon as possible to be sure of securing places.
WHS Lobbying of Your Behalf
Many people don’t realise just how much work WHS does on our customers’ behalf behind the scenes. Because we all have so much experience working within the wider world of UK industry, we understand the complexities and the pit-falls. And we are passionate about getting a better deal for our customers, whether this relates to Government legislation, industry-related guidelines, or client practices. Hence, we are is constant touch with organisations such as HSE, FSB, trade associations, local authorities and other influential bodies, etc, and we lobby hard to put right what we perceive as the wrongs within the health & safety side of industry.
So be assured that your feedback and complaints do not fall on deaf ears! If you have anything at all that you feel is unfair, unreasonable or unjust within current nationwide or local systems, do ring us and we’ll do our best to bring it to the attention of those on high – we don’t always win, but can make serious waves!!
Your Documents Are YOUR Responsibility!!
As many of you will know by now, we have recently made some significant changes to the contents of your health & safety packs as they go through their annual review and reissue. The cover letters have drawn attention to this and to the need to destroy all previous documents and templates to prevent errors.
We would like to take this opportunity to respectfully remind all our customers that the accuracy of the texts and the suitability of the templates provided are your responsibility. Yes, we ask relevant questions before we issue and re-issue documents. However (as the HSE will concur), the acceptance of the accuracy and suitability of these documents and templates is down to you, our customer.
In the same way as the purchase of a piece of equipment is the responsibility of the buyer/user to assess suitability, so it is the responsibility of the buyer and user of our services to assess the suitability of what’s provided. So please read everything thoroughly and, if there are any issues at all with the texts or suitability of what’s provided by us as your health & safety advisors, please do ring us immediately.
Please discuss anomalies now, not once it’s been picked up by the HSE or others; if something’s wrong, it needs to be put right. Do feel free to pick up the phone at any time to discuss your concerns; we are here to listen and to help.
However, equally, if we have provided texts and templates that need to be followed to satisfy the law – it’s your responsibility to do so!
HSE NEWS
Legionella
The subject of legionella is now heavily in the HSE spotlight. This is probably because of the significant rise in the number of cases over recent years. Readers of this newsletter who occupy or own buildings with water systems, water-based HVAC systems, water-based landscaping features, etc., should take note of the legal requirements as laid down in the Control of Substances Hazardous to Health 2002 and the HSE’s Approved Code of Practice, L8.
A wealth of information, together with free downloadable guidance (including L8), can be found on:
http://www.hse.gov.uk/legionnaires/
Because of the general lack of understanding related to this issue WHS will soon be offering legionella awareness training. Please contact the WHS office (01952-885885) for details.
The Cost of NOT Doing Things Properly!
Apart from the possibility of killing or causing serious harm to employees, and the threat of resultant prosecution or enforcement, WHS would gently remind our customers that the HSE charge per hour for any work they carry out in connection with breaches of legislation, including just a telling-off!
And the cost has recently risen to a staggering £154 per hour! Costs for seemingly small transgressions can very quickly escalate and, before you know it, the bill can rise to hundreds or thousands of pounds.
So, we’ve said it before and we’ll say it again: just weigh up the cost of employing our services to spot the problems before the HSE against the potential bill for not doing so. It makes sound economic sense to use the services available to you from the health & safety advisors you have engaged.
INDUSTRY NEWS
Welding Fume etc
The June 2019 newsletter covered the re-classification of welding fume as a serious carcinogen and the HSE’s subsequent safety alert (https://bit.ly/2Wig1qe). Arco, an industry leader in safety supplies, has produced an excellent advice and guidance document, ‘EXPERT GUIDE Welding Fume; An update following the HSE safety alert and the change in enforcement expectations’ which can be downloaded free of charge from: https://bit.ly/2ZkxnRT
Any business who carries out welding, or contracts any other party to do so on its premises, should review this document. And, as always, please do contact WHS for further assistance or guidance.
Face-Fit Testing
Several of our customers carry out their own ‘face-fit testing’ as is required under COSHH. The HSE’s guidance document covering the requirements of in-house face-fit testing, INDG 479 can be downloaded free of charge from: http://www.hse.gov.uk/pubns/indg479.htm
However, to assist with a better understanding of how to both carry out effective testing and also safeguard the health of those being tested, the Fit2Fit organisation, which champions effective testing, has released several new guidance documents. These can be downloaded free of charge from:
https://www.bsif.co.uk/fit2fit-companions-released/
and are essential reading for all persons carrying out face-fit testing
Vibration
We have stressed and re-stressed over the years, the importance of assessing the vibration levels on all your hand-held and hand-controlled tools, and also highlighted the HSE’s on-going campaign to ensure satisfactory vibration assessments are carried out as required by law.
Since 2011, there has been a 69% increase in successful claims against employers for HAVS; in 2014 alone, there were 44,000. The costs to insurance companies of these cases obviously result in rising premiums, something that then affects all of us. And it’s a sobering fact that, for every £1 recovered in insured costs, employers will actually spend £10 covering uninsured costs – so it doesn’t make economic sense to ignore the issue.
We also continually stress that, even though some employees may never be affected, others may well contract hand-arm vibration syndrome (HAVS) with just short-term use if not adequately controlled. HAVS can be contracted in any industry that uses any type of vibration-producing equipment. Even equipment commonly in use at home (such as strimmers, food mixers, and hair-driers) can cause symptoms and, if remaining unchecked, eventually result in HAVS or similar debilitating conditions. These photos illustrate this point. The hands belong to a young lady called Emily who contracted serious HAVS at the age of 16 from the vibration produced from nothing more than road-bike racing. Needing to grip the handlebars tightly when riding over rough terrain accentuates the levels of vibration experienced. As a result, Emily had to give up a very promising road-racing career and suffers frequently, particularly when temperatures are low. These photos were taken after she’d spent just 5 minutes hanging out washing in her garden at 12C.
Because she is passionate about preventing others suffering the same fate, Emily now works for industry specialists, Reactec, who offer a wide range of equipment to assess and monitor vibration dosages and nip the issue in the bud before it becomes a medical problem. Their systems are invaluable, particularly for those businesses whose work entails very frequent use of vibration-producing equipment. Product and contact details can be found on: https://www.reactec.com
Never forget that it is a legal requirement to safeguard your employees against all types of occupational harm. If you need advice or assistance, please contact the WHS office or consult the HSE website.
Important Footnote:
Although the spare time activities of employees do not fall under the jurisdiction of employers, it is always wise to have some idea as, what an employee does at home, may well impact on the health of that employee at work. For instance, if an employee has a second job, this may well result in tiredness and impact on his/her awareness. And, equally, if an employee is significantly exposed to vibration levels through activities outside of work (as above), this may severely increase the risk of contracting HAVS through work.
Although employers are not at liberty to pry into employees’ home lives, it is wise to explain to them the commonsense of disclosing out-of-hours activities where they may have an impact on occupational health.
And do get to know your employees so that you can gauge when something is amiss. If you suspect tiredness and other health symptoms, try to sensitively get to the bottom of exactly why this might be happening. With tiredness, it may be a serious personal issue where a sympathetic ear is needed, or as simple as a pay-rise to prevent the need for a second job!
Asbestos – the Reality of the Suffering
An interesting article about the suffering and deaths from asbestos in our local area: https://bit.ly/2YvONi0
Some of these deaths have resulted from the catastrophic fire at MOD Donnington in 1983 and this case does demonstrate clearly that the spread of airborne asbestos fibres can affect everybody in that area, not just those directly involved. Related to another catastrophic event, 9/11, (at the last count) 204 first responders who attended have died, many having been diagnosed with mesothelioma, and ALL first responders now have symptoms. But, perhaps even more shockingly, to date a total of 44,000 claims have been made by first responders and members of the public under a scheme set up to help sufferers from the 9/11 attacks; the effects of the disaster were extremely far-reaching and will continue to haunt for decades.
However, these high-profile cases fail to adequately detail the real extent of the day-to-day problem. The HSE estimates that around 5,000 people are still dying each year in this country alone from asbestos-related diseases (ref: http://www.hse.gov.uk/statistics/causdis/asbestos.htm). And, of course, these include many who have not contracted these terrible diseases from their work but from activities at home (DIY, etc). So, whether at home or at work, if you don’t know what’s in it, don’t touch it!!!! It could cost lives, including yours!
GENERAL NEWS
Keep a Track of Your Personnel – at ALL times
There are many aspects of our health & safety laws that are aimed at ensuring the wellbeing of employees during working periods times – whether at a place of work or whilst travelling. Consequently, the visitors’ book and a sound booking-in/out system for employees, together with a tracking or monitoring system for those working remotely, are essential items in any company’s health & safety systems. And enforcing their use is also essential, even if employees are ‘just popping out’ for whatever reason.
Over the years, we have come across several occasions where employees have left the workplace and this has gone unnoticed until there is a realisation that something is wrong. In one such very disturbing case, an employee had felt unwell and left the premises unnoticed to sit in his car; he had not signed out so evidently nobody actually missed him for quite a while. Unfortunately, the poor man died whilst sitting in his car and, by the time he was found, it was too late to resuscitate him.
So, a plea to ALL businesses, please ensure that sound booking in/out and monitoring systems are established to cover both employees and visitors, with responsibilities clearly laid down, trialled to gauge effectiveness, and their use strictly enforced.
Safety Alert – Defibrillators
The Medicines & Healthcare Products Regulatory Agency has issued a safety alert concerning uncertified defibrillators. The Medical Device Alert has been issued to all NHS and other medical bodies, but is just as relevant to any business who hold defibrillators and charities, etc., who have installed them for public use.
The alert relates to all Telefunken HR1 and FA1 defibrillators as their safety and performance is not verified by CE certification. Any of our customers who have their own defibrillators are asked to urgently check the make and model, and to remove any suspect defibrillators from use immediately. Our readers are also urged to tell others who they know have their own, or have installed public-use, equipment.
RIDDOR
The RIDDOR Regulations includes the requirement to report to the HSE any ‘incapacities’ lasting longer than 7 days, including non-work periods. Note the term ‘incapacities’ rather than ‘injuries’.
The question has arisen as to whether, if someone who is very active in his/her normal occupation (e.g. a production line worker) returns to work but on very light duties only because of the medical condition, this constitutes a RIDDOR ‘incapacity’ because he/she can’t carry out his/her normal tasks. As yet, we have not received a clear response from the HSE so the WHS policy remains – that this would be reportable under RIDDOR.
We say this because, as with any issue where there could be doubt (whether it relates to RIDDOR or any other such issue requiring judgement), it is always better to err on the side of caution and notify the HSE. Always better to over report than get caught out!
Highway Code – Important Rule Changes
The Department for Transport has recently made a few significant changes to sign rules for motorways. They relate to flashing red and amber signals. As these changes affect all drivers, please relay them to all staff. Details are made clear on:
https://www.gov.uk/guidance/the-highway-code/motorways-253-to-273#rule258
HSE Law Poster – it is Law!!
Just a gentle reminder that the display of the HSE Law Poster ‘What You Need to Know’ at each place of work (both at Head Office AND on each remote site) is law. It is also a legal requirement to fill in the details of your health & safety personnel in the small white box so do make sure this is done – and kept up to date!
Where companies work from home or there is another valid reason why displaying the poster isn’t possible, then employees MUST, by law, each be given the equivalent – the HSE Law Leaflet.
All WHS customers are provided with the leaflets in their health & safety packs (refer to ‘Templates – Miscellaneous’); alternatively, they can be purchased or downloaded free of charge from:
http://www.hse.gov.uk/pubns/books/lawleaflet.htm
No excuses!! One way or the other, ALL employees must be given the information; it is a legal requirement, and just remember that £159 per hour that can be levied by the HSE for any breaches!
AND FINALLY
With sincere thanks to the HSE for all photographs
We concentrate this time on prosecutions resulting from illegal work at height because, put simply, there are just so many of them! And so many of these cases involve falls through roof-lights or fragile roof materials; work at height includes falls THROUGH, as well as falls from, height; no exemptions.
We at WHS find it so disappointing that, despite having had over 14 years of the Work at Height Regulations (and more previously) which detail a very practical and sensible ‘hierarchy’ of control measures, some employers STILL demonstrate a blatant disregard for workers’ safety.
The HSE and courts are obviously totally fed up with this situation too, as demonstrated by the number of prison sentences, court orders and personal fines handed out these days. And take note that several of the cases below resulted in the employers themselves being prosecuted.
Falls for height
- Director, Claudio De Falco, was personally fined a total of over £46,000 and his company, CDF Property Investment Ltd, a total of almost £93,000 after a worker fell from a tree and died two weeks later. Two men had been cutting down a large tree using a chain saw when a branch swung back and knocked one of them to the ground; neither were trained in tree surgery nor use of chain saws, and neither were wearing safety harnesses or any type of PPE! A truly appalling case of a director demonstrating a complete disregard for the safety of his workers.
- Company directors, Karl Grice and Steven Dixon, were each given suspended prison sentences of 16 weeks and fines of £3,000, and Sean Mullen fined a total of £3,500 after a worker fell two storeys from an improvised ladder and down a stairwell onto a concrete floor, sustaining multiple fractures and brain damage. The company itself, Green Generation Renewable Services Ltd, was fined a total of well over £22,000.
This is a shocking case as Grice, Dixon and Mullen knew that the makeshift ladder to access the loft was damaged (indeed, they had actually used it themselves!) and that there was no fall protection to the stairwell. The photo says it all.
- Foundations & Buildings Ltd was fined a total of almost £35,000 after a worker broke his back when he fell 5 metres through a fragile barn roof during the construction of an adjoining agricultural building. Although harnesses had been provided, their use was not enforced
- Ashford Timber Ltd was fined over £23,000 plus costs after a worker was seriously injured when he fell 2.5 metres from an unprotected roof edge of a domestic property.
- Company boss, Asa Hamilton, was given a suspended 12 month prison sentence and ordered to carry out 200 hours unpaid community work and pay £4,000 towards court costs, after his workers were observed working on a two-storey domestic house roof with no edge protection (see photo).
Just a gentle reminder to everyone: NO, domestic work is NOT exempt from health & safety legislation!!!!
- Kenneth Morris, trading as K&M Pointing, was given a suspended 26 week prison sentence and ordered to carry out 180 hours unpaid community work and pay £2,000 costs, after his workers were seen pointing from a 6 metre high unguarded platform (!!). Morris had deliberately decided not to erect scaffolding to save money!
- St Albans City Football & Athletic Club Ltd was prosecuted after a 71 year old volunteer fell to his death through fragile roof sheeting onto the terraces below.
Another reminder: Yes, health & safety legislation applies to employers of ALL types of workers, whether they are paid or unpaid; ALL are owed risk assessment, adequate controls and a safe place of work.
In addition, the wisdom of the Club agreeing to a 71 year old volunteer working at significant height must also be questioned. All workers must be adequately fit for the required work so, for a person of this age, assessment is essential.
- McDonald Roofing Contractors Ltd was fined a total of over £31,000 after a worker sustained serious injuries falling from a flat roof. There was no edge protection.
- Company boss, Stephen Brennan, was given a suspended 6 month prison sentence and ordered to carry out 180 hours unpaid community work and pay costs of £14,000 after a worker fell 11.5 metres to his death through a fragile roof. The worker was actually in the process of installing edge protection but the company had failed to take the fragility of the roof sheeting into account! The company was also fined a total of over £74,000.
- Weiser Construction Ltd was fined a total of over £150,000 and Complete Cladding Systems Ltd over £170,000 after a worker fell 9.7 metres through a roof-light into an active factory area below, sustaining serious injuries. The worker had been fixing metal cladding and capping to the gable end of an adjoining building; scaffolding previously in place had been removed and no nets had been installed beneath the work area.
- Farmer, Robert Latham, was fined a total of over £30,000 after a worker fell to his death through the fragile roof of a milking shed whilst cleaning gutters
- Premier Window Cleaners Ltd was fined almost £7,000 after a worker was seriously injured when he fell 7 metres through a fragile roof-light. Three workers had been cleaning a 400-panel solar array but no attempt had been made to prevent falls through the roof-lights.
Take note: Yes, the Work at Height Regulations obviously apply to ALL industries and ALL work at height, not just construction!
- Self-employed plasterer, Michael Fletcher, was fined a total of almost £3,000 after a worker fell 2.4 metres from an unprotected landing, sustaining serious injuries. He had been helping the worker move plaster board from ground level to the first floor landing but had failed to ensure the fall prevention measures were in place.
And take note: No, the self-employed are NOT exempt from health & safety legislation, no matter what myths circulate; we ALL have a duty of care towards the safety of others. And we ALL have a duty to ensure those we engage are legally compliant and competent to do the work safely.
AND SO IT GOES ON – HOW MANY OTHER WORKERS HAVE TO DIE OR SUSTAIN LIFE-CHANGING INJURIES FALLING FROM HEIGHT BEFORE EMPLOYERS TAKE THE RISKS SERIOUSLY AND IMPLEMENT THE CORRECT PROCTIVE MEASURES?
WHS is working for you; help us to help you.
Our aim is to keep people safe and to keep your company working.
To contact WHS, ring: 01952-885885