CORONAVIRUS / COVID-19

Wenlock Health & Safety Ltd has previously issued advice and links to all clients to keep you abreast of industry guidance related to Covid-19; refer in particular to the interim short-form ‘newsletter’ issued in April and subsequent emails which gave further sound advice on how to approach Covid-19 risk assessment and management. It does appear (judging by phone calls received) that few clients are reading these communications; it is important that you take note of all past and future communications from WHS to ensure that you are completely up to date with what is expected of both employers and employees.

In addition, it is vital at this point that you also log into the ‘Clients Area’ of our website (using your specific company log-in details) to access the following very important Covid-related documents:

  • CITB Covid-specific documents:

cc01: site operating procedures compliance checklist
cc03: tool-box talk for construction workers
cc04: weekly site operating procedures checklist

  • WHS Covid-specific documents:

Risk assessment and general advice
Generic short-form risk assessment

In addition, the link to the latest Construction Leadership Council (the overriding industry body) guidance is:
https://bit.ly/3da5faP

And a wealth of additional information and general guidance is available from the HSE on:
https://bit.ly/3gv8UCg
https://bit.ly/2Bbvvn5 (relating the use of PPE and face masks)
https://bit.ly/2ZQUTcd (relating to the use of hand sanitisers and surface cleaners)

Wenlock Health & Safety Ltd (WHS) is available to advise on how to organise and run your sites in accordance with the current, very comprehensive, guidance issued by CITB and other industry bodies; please contact Laura Mort on 07791-670987.

However, as with all risk issues, we must remind all clients that we cannot advise on specific procedures unless we actually see the site and working areas for ourselves. During April and most of May, to ensure that we have not put our staff at risk during the peak of the epidemic, we have been carrying out ‘virtual site inspections’ only. We have now returned to carrying out actual site visits; again, please contact Laura.

Despite falling infection and death rates, the virus is still out there and will carry on killing people unless we are all careful. To this end, we will currently only agree to site inspections and/or visits to any premises if:

  • The WHS advisor or member of staff can drive to the site / premises; we are not yet permitting use of public transport; this will obviously be reviewed periodically as the epidemic subsides.
  • Adequate precautions have been established at your site/premises; we reserve the right to leave the site/premises should the member of WHS staff deem the situation at any place of work to potentially put him/herself at risk.
  • The site/premises is happy for us take our own precautions (as detailed below).

We respectfully ask for your co-operation in helping to reduce the risk of virus transmittal to WHS staff, as far as possible, by adhering to the following:

  • We will limit contact with others to the prescribed 2m distance, both on site and in office circumstances, where at all possible. Site inspections do not necessarily demand close contact; in most cases, we will be able to observe and comment easily from that distance.
  • We will write reports etc. using our own pens and only whilst sitting in our own vehicles or an unoccupied (or reasonably unoccupied) area. We will allow site management to read reports from a distance but will not require them to touch or sign reports if they prefer not to; rather, we will insert a name and ‘Covid-19’ in the signature space once we have their agreement to do so.
  • No member of staff experiencing, or even suspecting, they have Covid-19 symptoms will be permitted to visit any site or premises (including our own!) until the prescribed 14 days’ quarantine is complete and they declare themselves symptom-free.

And, before anyone comments that the risks are overblown and there’s no need for all these precautions, just take a look at this very sobering article from Building online magazine:
https://bit.ly/2ZJ4Sjz

The article starkly shows that construction workers have been amongst the worst hit by Covid-19, with more recorded deaths (particularly amongst tradesmen) than most other industries. The main reason is obvious – many sites did not shut down when the virus was at its peak, something we warned about and have been proved right. But we also think that there may be a second underlying reason – that many in the construction industry already have lung damage through inhalation of dusts (etc) and the predominance of smokers.

This is worth mentioning as it, yet again, suggests that not taking care of your health and the health of your employees may well have knock-on effects in the future. So employers – provide good, appropriate and face-fitted dust masks. And employees – wear those masks and stop smoking!!

And, on that note, use of dust masks still requires face-fit testing; contact WHS to arrange testing, under strictly controlled conditions, either on site or at our premises.

Important Footnotes

  • To assist with early recognition of the virus at the workplace, Contour Heating Products Ltd has developed a ‘Health Check Station’ which can be easily installed and used at any workplace. This is an excellent addition to any employer’s Covid controls systems. Full details and price request can be found on: https://www.contourheating.co.uk/health_check_station
  • In additon, many organisations have provided freely downloadable posters to assist with social distancing etc. For those in our local area, Telford & Wrekin Council, who have been extremely proactive throughout this crisis, have several available on: https://bit.ly/2zCFLnV
  • As we have said previously, health & safety law and industry best practice still applies, nobody is exempt because of the current crisis. Laws and regulations designed to ensure workers don’t fall from height, get crushed by plant or are subjected to health risks from dusts or fumes (etc) apply no matter what the circumstances, for very good reason. If businesses are operating, their workers MUST be able to work safely and there is no reason why this should be compromised by the current situation. In addition, the legislation regarding welfare still applies; full welfare facilities must be provided on each site regardless of size or nature. However, during this epidemic, site management must think carefully about how best to organise the use and cleaning of the facilities that can satisfy both the law and the current Covid-specific requirements; as they say – ‘necessity is the mother of invention’!
  • Please do contact WHS, either through Laura or when one of our staff visits your site or premises, should you need to discuss what is or isn’t acceptable. The HSE are out in force and have been given extra Government funds to carry out Covid-specific inspections; so don’t let your guard down, we are here to help as much as we can.

COMPANY NEWS

TRAINING

The Government has reiterated that businesses can organise online training for employees, whether furloughed or not, during the lock-down to ensure that valuable productive time isn’t lost to essential training once we’re all back at work.

CITB have already extended expiry dates to suit the current circumstances and are allowing WHS to run a limited number of essential courses, as detailed below.

Asbestos Awareness On-Line

In addition, and to ensure that companies can resume adherence to the law as closely and quickly as possible, WHS is running a further open on-line:

Asbestos Awareness course (2.5 – 3 hours)
Monday 22 June at 1pm
£40 + VAT per person

Please email enquiries@wenlockhs.co.uk or vicki@wenlockhs.co.uk to book places as soon as possible; places are obviously limited due to the logistics of online training.

First Aid

We are advised by our first-aid awarding body, Nuco, that we still cannot resume first-aid courses until the Government announces that the ‘Coronavirus Threat Level’ is at level 3 in England (expected early June if all goes well.

However, Nuco have stated that all certificates that expire on or after 16 March 2020 will have their expiry dates extended until 30 September 2020 to give everyone a fair chance to attend a course.

To that end, WHS 1-day (6 hours) Emergency First-Aid at Work courses, to be run with very strict Covid-specific controls, are scheduled as follows; those who need to attain or renew first-aid certification are advised to book places as quickly as possible as, although we have included additional dates, demand will obviously be high.

Dates:

  • 26 June 2020
  • 3 July 2020
  • 28 July 2020
  • 27 August 2020
  • 24 September 2020 (this is an amended
  • 27 October 2020
  • 25 November 2020
  • 18 December 2020

Cost: £85 + VAT per person

As usual, please contact Vicki at Wenlock Health & Safety Ltd (WHS) on 01952 885885 or enquiries@wenlockhs.co.uk or vicki@wenlockhs.co.uk to book places

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 provided that suitable Covid-specific precautions can be agreed at the point of booking.

IOSH Managing Safely

Please note that the IOSH Managing Safely 3-day course due to take place 14-16 July 2020 has been postponed and will be re-scheduled at a later date.

CITB Courses

IMPORTANT NOTES:


Please be aware that CITB specifies that candidates must be available to attend each session within the course; failure to do so may require a repeat course.

And attendance is vital, not only because it affects the candidate personally, but also because it can seriously affect others. As highlighted in the previous newsletter, because of CITB rules, we may be forced to cancel a course ON THAT MORNING if some candidates don’t turn up.

  • Site Management Safety Training Scheme (SMSTS)

Duration: 5 days; 1 day per week
Dates:

  • 13, 20, 27 July, 3 & 10 August 2020 (Monday) NOTE: this SMSTS course will take place on-line unless circumstances change
  • 14, 21, 28 September, 5 & 12 October 2020 (Mondays)
  • 13, 20, 27 November, 4 & 11 December 2020 (Fridays)

Cost: £495 + VAT per person

  • Site Management Safety Training Scheme (SMSTS) Refresher

Duration: 2 days
Dates:

  • 24 & 25 August 2020 (Monday & Tuesday)
  • 22 & 23 October 2020 (Thursday & Friday)
  • 7 & 8 December 2020 (Monday & Tuesday)

Cost: £265 + VAT per person (10% discount when booking 2 or more people)

  • Site Supervisors Safety Training Scheme (SSSTS)

Duration: 2 days
Dates:

  • 29 & 30 June 2020 (Monday & Tuesday) NOTE: this SSSTS course will take place on-line unless circumstances change
  • 7 & 8 September 2020 (Monday & Tuesday)
  • 2 & 3 November 2020 (Monday & Tuesday)

Cost: £230 + VAT per person (10% discount when booking 2 or more people)

  • Site Supervisors Safety Training Scheme (SSSTS) Refresher

Duration: 1 day
Dates:

  • 17 July 2020 (Friday)

Cost: £160 + VAT per person (10% discount when booking 2 or more people)

  • CITB 1-Day Health & Safety Awareness

Duration: 1 day
Dates:

  • 8 July 2020 (Wednesday) NOTE: this H&SA course will take place on-line unless circumstances change
  • 17 September 2020 (Thursday)
  • 16 November 2020 (Monday)

Cost: £125 + VAT per person (10% discount when booking 2 or more people)

GENERAL NEWS

Legionella

Businesses (including landlords) may be unaware that Covid-19 can produce secondary effects such as a very real risk of legionella within premises or equipment not occupied or operated through the lockdown. Examples would include hot and cold water systems, air-conditioning units, water features, spas, hot tubs and showers.

As this is such as serious issue, the HSE has issued specific guidance to remind those responsible of their duties. The bulletins and advice must be read and followed, particularly if equipment has been shut down for a week or more, to avoid resultant health issues (and possible deaths) for which the business would be held fully responsible:
https://www.hse.gov.uk/news/legionella-risks-during-coronavirus-outbreak.htm
https://content.govdelivery.com/accounts/UKHSE/bulletins/28c2163

HSE NEWS

COSHH – Isocyanates

We covered welding and welding fume in the April 2020 newsletter following the issue of updated of the HSE advice and guidance. The HSE and the HSE Science & Research Centre have now issued updated advice regarding the control of the very real risks from isocyanates:
https://bit.ly/3gvb6cR

The information covers, not just the facts about health risks and the required control measures, but also the consequences of cutting corners such as ‘visor flipping’ (https://bit.ly/2Acb74T) and the need to observe clearance times in spray booths (https://bit.ly/2TLkuiK).

And prosecutions can be severe, for example:

Car retailer Harwood Ltd was fined a total of almost £123,000 after an employee who worked in a spray booth developed occupational asthma. To quote the investigating HSE inspector:

“This serious health condition could so easily have been avoided by simply implementing correct control measures and appropriate working practices. Controlling employee exposure to hazardous substances is a legal requirement on employers and HSE provides guidance on how control can be achieved. “Appropriate controls could include use of a spray booth to carry out the paint spraying, use of a suitable air-fed respirator, checks to ensure equipment was adequately maintained and training provided to ensure the employee knew the risks and how to control them.”

EMPLOYMENT NEWS

Covid Statutory Sick Pay Rebate Scheme

On 26 May, the Government launched its Coronavirus Statutory Sick Pay Rebate Scheme, which allows employers to recover Statutory Sick Pay (SSP) payments made to their employees during the COVID-19 pandemic. It will allow small and medium-sized employers to apply to HMRC to recover the costs of paying coronavirus-related SSP.

Employers are eligible to receive repayments at the relevant rate of SSP (paid to current, or former employees) on or after 13 March 2020 if they operate a PAYE payroll scheme started before 28 February 2020 and had fewer than 250 employees at that point. The repayment can cover up to two weeks of SSP if an employee has been unable to work because they either have COVID-19 or are legitimately self-isolating.

Definitive information from gov.uk can be found on: https://bit.ly/3gxXxcs

ENVIRONMENTAL NEWS

EA Annual Report

The latest Environment Agency’s (EA) annual Regulating for People, Environment and Growth (RPEG) report states that greenhouse gas emissions from industry have been cut by half in the last 10 years and compliance rates of energy efficiency and emissions trading schemes are above 98%: https://bit.ly/2ztx7rZ

However, waste crime (which seems to be endemic within a certain ‘cowboy’ sector in construction) continues to blight communities, cause environmental harm, and undercut legitimate business. The EA continues to target and prosecute those who flout the rules with enforcement action. The report highlights the need for businesses to do more, citing for 2018:

  • 533 serious pollution incidents, 14% fewer than 10 years ago, but 27% more than in 2017
  • 912 illegal waste sites closed down by the EA, a 12% increase on previous year
  • 896 new illegal waste sites discovered

Environmental Bill

A new Environmental Bill is currently going through Parliament although the current Covid crisis has postponed the Committee Stage report until late June 2020.

The Bill includes legally binding environmental improvements targets and a new independent Office for Environmental Protection which will scrutinise environmental policy and law, investigate complaints and take enforcement action against public authorities, if necessary, to uphold our environmental standards. The office’s powers will cover all climate change legislation and hold the Government to account on its commitment to reach net zero emissions by 2050.

Brexit & 2020 Legislation Consultations

Various new pieces of legislation, mostly mirroring existing regulations, are currently sitting in the wings waiting to be triggered when we leave the EU. However, it is unclear as to exactly how changes will be achieved (if at all, given the current situation which has resulted in significant stalling); watch this space!

The Government has also said that there will be consultations on various legislation for England, such as WEEE, waste tracking, food waste collection, deposit return schemes and a new Waste Management Plan. We suspect that these have also stalled but will, no doubt, come to fruition in due course.

Environmental Prosecutions

The majority of environmental prosecutions during 2019 appear to have been waste management offences, and sentencing has been severe; for example:

  • Jamil Rehman, director at Electronic Waste Specialists Ltd (EWS), was sentenced to 5 years 4 months in prison and banned from being a director, and his brother, Saleem, given a 16 month suspended sentence after fraudulently generating £1.48 million in claims for 10,600 tonnes of fictitious electronic waste recycling.
  • Kennelpak Ltd paid over £75,000 to the Nottinghamshire Wildlife Trust and the Erewash Canal Preservation & Development Association (50/50) for its past failures to meet its packaging recycling obligations. The Company was unaware that, as they were handling over 50 tonnes of packaging waste, they had obligations under The Producer Responsibility Obligations (Packaging Waste) Regs 2007.
  • Clifford Shee was fined a total of over £10,900 for failing to comply with legal requirements for 3 waste activities (storing mixed waste, storing hazardous waste and keeping detailed waste transfer documentation) and for storing 99 45-gallon drums of pollutant, combustible and hazardous waste near a potential water course and railway line
  • Shropshire farmer, Keith Wilson, was fined a total of £6,800 after illegally burying waste dust on his land near Market Drayton; no controls against local ground contamination had been taken and no environmental permit had been sought.

Yes, the UK waste management and permitting regulations apply to EVERYONE, not just big business; do NOT be tempted to bury or ‘manage’ any waste without knowing what you are doing!

If you don’t yet have a WHS Environmental Management System, now is the time to contact us; for the very reduced rate of £150 + VAT, you will be provided with everything you need to know about environmental law (including waste management and permitting, as well as the basis for sound environmental site management) and a policy to prove your commitment

AND FINALLY

And finally, we return to the Covid-19 virus. This photo was taken in, what must be described as, an exemplary site in Shropshire. Everything was laid out perfectly to keep workers apart, including some very new and effective ways of logging people in and out of work areas, so much so that social distancing seemed to be done naturally by everyone on site without a second thought. For instance, to ensure that only one person enters a property at any one time, workers sign in and out on the board:

STAY SAFE – STAY ALERT

FOLLOW THE RULES – DON’T IGNORE ADVICE

HELP SAFEGUARD THE LIVES OF THOSE YOU AFFECT
(after all – it is, and always has been, written into the Health & Safety at Work Act!!)

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