December 2024 Newsletter – Construction

by | Dec 4, 2024 | Newsletters

WENLOCK HEALTH & SAFETY LTD WISHES
YOU ALL A VERY HAPPY CHRISTMAS
AND A SAFE AND PROSPEROUS 2025

CONTENTS

  • Training
  • Company news
  • HSE news
  • Industry news
  • General news
  • Recent prosecutions

COMPANY NEWS

CHRISTMAS CLOSURE

Please make a note that the Wenlock Health & Safety Ltd (WHS) offices will be closing for the Christmas break from 5pm on Monday, 23rd December 2024, and will reopen again from 8am on Thursday, 2nd January 2025.

As some sites and workplaces may still be open at some point during this period therefore, in an emergency only, please contact Becki Shenton on 07792-713973 and leave a message.

TRAINING

UKATA CAT B ASBESTOS COURSE

WHS is now offering in-house UKATA Category B training courses designed to equip contractors, electricians, gas engineers, kitchen fitters, repair/maintenance workers and other trades who may undertake work in the domestic field or where asbestos survey information may not be available and where the very limited nature of the work involved may not warrant the expense of a full survey (e.g. drilling holes for light fittings). In those circumstances, this training allows your personnel to carry out their tasks using HSE-approved techniques with no risk to either themselves or the occupiers.

This is an important inclusion in your portfolio of training and ensures that your personnel act according to the law, even in domestics; the course takes them through simple and easy solutions to potentially awkward and costly problems. As the HSE’s asbestos campaign continues unabated, don’t get caught out!! A reminder that nobody should be disturbing ‘non-licensed’ asbestos without this training.

Delegates must have a UKATA Cat A certificate dated within the last 6 months in order to attend Cat B. Because of this stipulation, we are running the UKATA Cat A course beforehand on the same day and, if your candidates need to complete both A & B on the same day, there is a discounted rate of £160pp for both courses.

  • UKATA Cat A Asbestos Awareness

Duration: 8.30am – 10.30am
Date: 14 February 2025 (Friday)
Cost: £60 + VAT per person

  • UKATA Cat B Non-Licensed Work with Asbestos

Duration: 10.45am – 4pm
Date: 14 February 2025 (Friday)
Cost: £120 + VAT per person

CITB COURSES

Please contact Vicki (as above) to book places on all the planned courses below. When booking courses, all necessary criteria and restrictions will be personally communicated, both directly at the time of booking and again through joining instructions, ahead of all planned courses. It is vital that these are understood and relevant information clearly passed to candidates.

And do please be sure to inform us ahead of the course date of any candidate who may require assistance in any way, especially with reading or writing; we need advance notice to be able to provide this help.

It must be noted that CITB attendance rules are very strict; they must be understood and are reiterated here:

  • CITB specifies that candidates must be available to attend each session within the course; failure to do so may require a repeat course.
  • Attendance is absolutely vital once booked; because of CITB rules, we may be forced to cancel a course on that morning if some candidates fail to take part, to the detriment of all candidates.
  • Basic refreshments will be available; however, no lunch is provided and candidates should make their own provision (bring their own food, or there are shops nearby and a small café on site).

Candidates must arrive by 8.15*am for registration; all courses start at 8.30am and finish at around 4.30pm.

* Please reiterate to all candidates the absolute need to make their way up to the WHS offices and log their vehicle registration accurately immediately upon arrival in the car park to avoid being charged for parking.

CITB COURSE DETAILS

  • CITB Asbestos Awareness

Duration: Half-day
Date: 24 January 2025 (Friday)

Cost: £60 + VAT per person

  • Site Management Safety Training Scheme (SMSTS)

Duration: 5 days; 1 day per week
Dates:

9, 16, 23, 30 January 2025 & 6 February 2025 (Thursdays)
20, 27 February & 6, 13, 20 March 2025 (Thursdays)
14, 21, 28 May & 4, 11 June 2025 (Thursdays)

Cost: £495 + VAT per person

  • Site Management Safety Training Scheme (SMSTS) Refresher

Duration: 2 days
Dates:

16 & 17 December 2024 (Monday & Tuesday)
10 & 11 February 2025 (Monday & Tuesday)
7 & 8 April 2025 ((Monday & Tuesday)

Cost: £285 + VAT per person (10% discount when booking 2 or more people on all courses)

  • Site Supervisors Safety Training Scheme (SSSTS)

Duration: 2 days
Dates:

13 & 14 January 2025 (Monday & Tuesday)
25 & 26 March 2025 (Tuesday & Wednesday)
6 & 7 May 2025 (Tuesday & Wednesday)

Cost: £250 + VAT per person (10% discount when booking 2 or more people on all courses)

  • Site Supervisors Safety Training Scheme (SSSTS) Refresher

Duration: 1 day
Dates:

2 December 2024 (Monday)
3 February 2025 (Monday)
29 April 2025 (Tuesday)

Cost: £170 + VAT per person (10% discount when booking 2 or more people on all courses)

  • CITB 1-Day Health & Safety Awareness

Duration: 1 day
Dates: 5 December 2024 (Thursday)
27 January 2025 (Monday)
17 March 2025 (Monday)

Cost: £145 + VAT per person (10% discount when booking 2 or more people on all courses)

OTHER COURSES

CDM 2015

Covering the legal duties of all parties – even more important to understand now that the Building Safety Act has put additional pressures on all parties involved in construction, from client to contractors

Duration: Half-day
Date: 31 January 2025 (Friday)
Cost: £60 + VAT per person

FIRST AID

1-day Emergency First-Aid at Work course dates are listed below; specific requirements and controls will be advised within the joining instructions.

Dates:

18 December 2024 (Wednesday) – limited space
29 January 2025 (Wednesday)
24 February 2025 (Monday)
31 March 2025 (Monday)
28 April 2025 (Monday)
19 May 2025 (Monday)
25 June 2025 (Wednesday)

Cost: £85 + VAT per person

MENTAL HEALTH FIRST AID

1-day FAA Award in First Aid for Mental Health (Level 2 RQF)

Dates: 13 February 2025 (Thursday)
Cost: £85 + VAT per person

IOSH MANAGING SAFELY

3-day IOSH Managing Safely course

Dates: 20, 21 & 22 January 2025 (Monday – Wednesday)
Cost: £450 + VAT per person

ONLINE COURSES

Wenlock Health & Safety Ltd (WHS) provides an extensive suite of fully certificated online courses, priced at a very reasonable £25 + VAT per course, to help with staff training when time is short. All that candidates need is access to a computer or laptop.

We would always recommend face-to-face training to help your workforce get the most out of course content, but these online courses offer a temporary solution when time is short or turnover is high; all courses take only 30-40 minutes to complete and can, of course, be completed at home as well as at work. Full details of all available online courses and booking facilities for this e-learning platform can be found on our website: www.wenlockhealthandsafety.co.uk

SHORT COURSES

And, in addition to the programmed courses we have on offer over the next few months, don’t forget that WHS also provides a multitude of other short courses (both classroom and on-site based) to suit your needs. Feel free to contact Vicki Brown at the WHS office on 01952 885885, or via email on enquiries@wenlockhs.co.uk or vicki@wenlockhs.co.uk , to discuss your particular needs.

COMPANY NEWS

ANNUAL SAFETY AWARDS

Yes, it’s that time of year again and it is with the greatest of pleasure that WHS announces its annual safety award for 2024. The accolades go to:

  • Landia UK Ltd for Commitment to Health & Safety
    A Danish company with a UK base in Shropshire, Landia provides a range of energy-efficient pump and mixer solutions for a wide variety of industries including sewerage, waste-water, agriculture, biogas and fish commerce. The Company displays exemplary health & safety practices which range from thorough documentation to outstanding housekeeping.
  • Strip Out Solutions Ltd for Commitment to Continual Improvement
    A Birmingham contractor, Strip Out Solutions specialises in industrial strip outs, dilapidations, asset recovery and much more. The Company has not only demonstrated an excellent commitment to health & safety throughout their works but is also very keen to ensure that its commitment to continual improvement keeps them ahead of the game.

Well done to both our worthy winners! Each will be personally presented with a certificate and photos will appear in the first newsletter of 2025. Hearty congratulations!

Anyone can be a winner of the 2025 awards provided enough time and effort is put in to build a very sound and properly documented health & safety culture; after all, all we’re asking is full compliance with the law!

HSE NEWS

WINTER WORKING

As we have stressed in this newsletter over previous years, there are no set limits regarding work in either hot or cold conditions in law – it’s all a matter of risk assessment as to what is ‘reasonable’ to protect an employee from harm in relation to his/her type of work. However, the HSE has reissued the following basic guidance as winter temperatures start to plummet:

The Workplace (Health, Safety and Welfare) Regulations require employers to provide a reasonable indoor temperature in the workplace.
This depends on the work activity and the environmental conditions.

The Construction (Design and Management) Regulations require reasonable workplace temperatures for indoor areas of construction sites.
Where the site is outdoors, you must provide protection from adverse weather. Site rest facilities must also be maintained at an appropriate temperature.

And we would add very good PPE and lighting to the list of essentials plus regular breaks with hot drinks to re-energise the workforce. All common sense really.

There is ample additional guidance on the HSE website:
https://www.hse.gov.uk/temperature/employer/the-law

Never forget wintery conditions under foot as well – slips on ice and snow must be avoided by clearing and treating, and potentially re-clearing and re-treating, the working areas to provide safety under foot. And don’t forget, that the ‘working areas’ will include all areas within the delineated footprint of the site or working premises, all working platforms and ladders, and any communal areas under the employer’s jurisdiction, such as pathways and car parks. If any area cannot be cleared and kept ice and snow free, including all working parts of the site and those communal areas, then they should be closed to access; any injury caused by slips anywhere under a company’s jurisdiction may well be subject to claims or enforcement without due care being taken at all times.

Again, there is ample guidance on the HSE’s website – but most of it is common sense. WHS has seen the devastating effects of lack of care across all walks of UK industry in the past, so do ask yourself “have I done enough to ensure a safe working environment?”

PROTECTING SEASONAL / CASUAL WORKERS

It is a fact that workers are as likely to have an accident in the first 6 months of a new job than during the whole of the rest of their lives. Risks are increased because of lack of experience and unfamiliarity with that particular working environment and its safety rules, eagerness to please and not wanting to rock the boat by raising concerns. And, of course, risks are raised even higher if a worker is vulnerable in any way:

  • Young or older workers
  • Those with a poor command of English
  • Those who may be disabled in any way (and do remember that not all disabilities are visible)
  • And, indeed, seasonable, casual and agency workers, because they will move from workplace to workplace frequently

So, here are 6 basic steps which go some way to protecting new starters, including seasonal, casual and agency workers; basically, treat all temporary workers as you would (or certainly should!) treat your own direct employees.

  • Assess capabilities including literacy, command and understanding of English, physical abilities and health
  • Carry out induction with clarity, including pictorials where necessary and workplace walkarounds
  • Provide information including clear instruction and training
  • Check understanding at the outset and then ongoing
  • Supervise and give the confidence to raise concerns
  • Check all necessary controls measures are in place throughout the workplace – and keep checking, particularly with respect to taking on new workers.

SAFE USE OF MEWPs

The HSE has been working with IPAF (the International Powered Access Federation) to develop definitive guidance on safe methods of isolating platform controls on mobile elevated work platforms (MEWPs). This has been made necessary because, as the design and standards have evolved over recent years, previously installed emergency stop controls may now no longer be appropriate.

The HSE gives the following advice:

  • The operator of a MEWP may be required to isolate the controls and/or power source using platform controls.
  • Where the machine is equipped with an ‘engine on/off’ control at the platform control console, this should be used to switch the engine off during normal operation rather than the emergency stop control, unless the manufacturer indicates that it would be unsafe to do so.
  • Where machines are not equipped with a dedicated ‘on/off’ control at the platform control console, the MEWP operator should follow the manufacturers’ operating instructions as to how this should be achieved.
  • It is the user’s responsibility to ensure the correct MEWP has been selected for the task, and that a suitable and sufficient risk assessment has been carried out and documented.
  • HSE endorses this jointly developed guidance and has encouraged IPAF to communicate it to MEWP users.

As always, there is ample advice on the HSE’s website; however, invaluable and definitive guidance can be found on the IPAF website:
https://www.ipaf.org/en-gb/news/safe-methods-isolation-platform-controls-mobile-elevating-work-platforms

ELECTRICITY AT WORK – MAIL SCAM

It has come to the attention of the HSE that some organisations have received letters, supposedly from the Engineering at Work Regulations (EAWR) Compliance Team and using the HSE Merseyside’s office letterhead, serving ‘penalty notices’ and asking for payments.

These are not genuine and should be ignored. The HSE would never operate in such an impersonal and unsolicited manner. It would also be wise to warn others within the industry, just in case.

STRESS

The HSE has issued a reminder that stress must be included in work-related risk assessments. Exactly how you do this, and in what format, is up to you but it is a recognised work-related risk issue so must be covered. Contact WHS for advice if you are in doubt about how exactly to do this.

Never forget that, in law, the well-being of employees is the responsibility of employers, and this must include stress – both reducing the potential for stress at work and mitigating the effects of any personal stress that an individual may be encountering.

Stress poses serious risks to both that individual and to his or her work colleagues. It is certainly worth attending one of WHS’s regular Mental Health First-Aid half day courses (refer above for the next course date) as this enables attendees to both recognise signs of stress and assist the individual with practical and sympathetic means.

ASBESTOS MEDICAL SURVEILLANCE

It is law that medical surveillance is carried out for all employees who may be subject to risks from inhalation of harmful substances. For several extremely hazardous substances (asbestos, lead and ionising radiation), this requires specialist medical knowledge and all doctors carrying out this type of health surveillance must be approved and registered by the HSE. The HSE has warned that this is not always the case.

A full list of approved doctors is available on the HSE’s website: https://www.hse.gov.uk/doctors/
Do make sure that, if you are dealing with any of these particularly hazardous substances, you do instigate health surveillance as required by law, and that you engage an HSE approved doctor from the list.

Footnote: For other types of health surveillance, WHS is able to help by putting you in touch with an appropriate health professional. Do feel free to contact the WHS office.

NOISE AT WORK

The HSE has also issued a reminder that the control of noise at work has been required by specific law for 20 years now and is an ongoing target issue for inspectors.

The law requires that all employers must eliminate or reduce exposure to noise in the workplace to below certain limits (refer to your Health & Safety Manual for full details), and that PPE is regarded as a last resort only or as an additional precaution. Reducing noise exposure and keeping within the legal limits is often very difficult to do when a site is operating at full capacity, but contractors can’t ignore the issue just because it seems too difficult. There are practical steps that can be taken to limit noise exposure (refer to the HSE’s guidance L108, free to download from www.hse.gov.uk , and the WHS Manual); and do contact WHS for advice and guidance if you need assistance.

The HSE also provides noise exposure and hearing protection calculators on its website to assist, and practical advice related specifically to the construction industry.

BUILDING SAFETY ACT 2022 – MAKING APPOINTMENTS

The Building Safety Regulator (BSR), who is responsible for appointing suitably qualified Registered Building Inspectors (RBIs), has issued this very important warning. Apparently, some RBIs are registering for work for which they do not hold the relevant certificates of competence and, whilst this risks legal action against the RBIs for professional misconduct, it also puts the onus on the employers (where an RBI is applicable under the BSA) to check that registration and competency is accurate and suitably applicable.

As with so many other aspects within the construction industry, the onus for checking the competence of an appointment falls to the employer – which could obviously be problematic. Our advice would be to contact the BSR directly to discuss any appointment; they will know exactly what is needed and can check their own data base for verification of competence (and also obviously take action against any fraudulent certification).

BUILDING SAFETY ACT 2022 – WHAT CONSTITUTES A STOREY?

An interesting issue is currently under consideration – does a roof garden on a Higher-Risk Building (HRB) constitute an additional storey? Concern has been expressed that it should but, as yet, the current government guidance remains in place – so, no it does not. However, the discussions are ongoing.

Our advice, therefore, if there is a possibility of installing a roof garden on a new or existing HRB, is to refer at that time to the latest BSR guidance on the https://buildingsafety.campaign.gov.uk/ website or to contact the BSR directly.

INDUSTRY NEWS

NEW ROADS AND STREETS WORKS – AN IMPORTANT REMINDER

The New Roads and Street Works Act 1991 (NRSW) lays down strict rules to ensure the safety of both the public and contractors themselves, including the requirement for licensing, traffic management, reinstatement, supervision, inspection, safety and much more. It covers all aspects of work on public highways*, including excavations.

* The term ‘highways’ includes all public pavement works

One important aspect of NRSW is that of competency. The law states that all persons engaged in highway works must be appropriately competent for their roles, PLUS there must be, in attendance at all times:

  • At least one appropriately NRSW-qualified operative, and
  • A NRSW-qualified supervisor

In addition, those qualified personnel must keep their NRSW cards up to date (they last 5 years) and on their person at all times so that the authorities can verify immediately.

Those contractors involved with highways must ensure they have this covered or they risk enforcement; all clients who need to employ highways contractors must check that these requirements can, and will be, met or they risk enforcement as well. Another example of the onus being on the client to check competency.

ASBESTOS – LANDLORD DUTIES

WHS is often asked the question as to who is responsible for asbestos surveys and control within properties which are leased or rented (including domestic dwellings, whether the properties are owned by big business or a guy round the corner who just rents out one or two houses). As the owner of any property, the overall responsibilities to keep the building and its occupants safe falls to the landlord. Therefore, it follows that the landlord has the legal duty to provide basic safety information to the occupants and maintain the properties to a safe and useable standard.

So, when it comes to asbestos, although there is no defining line in law, WHS’s view is that the landlord must provide basic Asbestos Management Survey information so that the occupants know that it is safe to work within and/or occupy the building without risk.

Should the occupant wish to carry out any form of construction work (which may include something as simple as rewiring to accommodate plant and equipment), there is a legal duty to carry out a more intrusive Refurbishment Survey ahead of the start – but who is responsible for this is very much a grey area. It is doubtful that a landlord would agree to pay for this further survey work as he/she would argue that it’s the occupants who require the work so the occupants should pay. But it’s up to the occupants to discuss the matter with the landlord and reach a conclusion; the occupant cannot refuse to carry out the legally required survey if the landlord won’t commission one.

All employers have a legal duty under the Health & Safety at Work etc Act 1974 and the Workplace (Health, Safety & Welfare) Regulations 1992 to ensure a safe working environment for all employees so it follows that commercial tenants and leaseholders must ensure that they (a) press for, and retain, all basic asbestos information (a minimum of Management Surveys) from their landlords and (b) commission further surveys (Refurbishment Surveys) themselves in cases where landlords refuse to do so.

The following HSE page goes some way to answering basic questions: duty to manage asbestos resource

LONE WORKING

Lone working is a high-risk issue across most industries (most companies do have, for instance, lone employees travelling to meet clients or working alone after hours) and it is particularly prevalent in construction as sole traders and the self-employed make up a significant percentage of workers.

Whatever the reason for lone working, it is a very real risk, especially at this time of year. Lone females are obviously at particular risk – but male workers are just as vulnerable. It is sad to report that, many years ago, the accountant of one of our customers was murdered as he worked alone in the company offices. And most people know the case of missing estate agent, Suzy Lamplugh, who never returned from accompanying a male to a house viewing.

Do look critically at this aspect of your employees’ well-being. The law says that the employer is responsible for the well-being of all employees whilst ‘at work’, no matter where they are and what the type of work demands. Obviously, this issue, once again, falls under the legal requirement to risk assess. So, whether your employee is required to work away from the office or is by him/herself at company premises, the risks involved must be assessed and appropriately controlled.

WHS can provide lone-working training specifically tailored to your needs; do call us to arrange a short course and/or if you need further advice. This is an issue that many people fail to even think about but can pose some very serious risks.

And, if you are reading this as a sole trader or self-employed tradesmen, do take extra care; do your own mental risk assessment before you leave the safety of your home or car, and always make sure someone knows exactly where you are.

SCAFFOLDERS – MANUAL HANDLING

Scaffolders are typically subject to manual handling for 50% of their working day, which can obviously take a huge toll on health and the capacity to carry on working (often not beyond the age of 40). As always, such risks must be properly assessed and steps taken to reduce the need for, and exposure to, manual handling.

There are many types of mechanical aids available to alleviate the need to manually handle construction materials and some can certainly be used by scaffolders; however, in practice, the industry still relies heavily on manual lifting and placing of scaffold poles and boards. So the training of personnel into manual handling techniques is absolutely essential as a means of helping reduce the effects of continual lifting.

The National Access and Scaffolding Confederation provides excellent free-to-use resources to help with this specialist type of training – the NASC SG6:22 training suite:

  • A management guide
  • A user guide
  • An excellent 25 minute video demonstrating the techniques

All scaffolding companies are strongly urged to carry out training, using SG6:22, for all their employees. Like SG4 (for scaffold erection) it is not law but has become accepted as the very minimum expected of them to go some way to reducing manual handling risks.

SCAFFOLDERS – WINTER WORKING

We’ve already mentioned winter working but scaffolders are presented with specific hazards that should be considered, not just by the scaffold employer, but also by those employing the company. We’re not just talking about keeping work areas (scaffold boards, ladders and the ground itself) clear but strong winds and other adverse weather events must be taken into account.

Examples of risk considerations might include the effects, weight and escape channels of heavy rain, snow and ice, lightning and emergency escape from fire, and the effect of winds on debris netting and hoarding. And it goes without saying that very regular competent inspections are essential, particularly after adverse weather and especially when the structure is located in a public place. There have been too many examples of scaffold collapses in recent years.

Take particular precautions over holiday periods; it is essential that competent inspections still take place. It is all too easy to forget that the risks are increased when sites are closed and nobody is there to spot potential issues; in addition, to the usual risks, the integrity of scaffolding can be compromised by public intrusion.

Everyone involved in the procurement, management and undertaking of scaffolding (at any time of year!) must risk assess the effects of weather so that scaffold structures are properly planned, designed, erected, managed and dismantled – and TG20:21 must be consulted and used to this effect, at least on anything more than a traditional house build.

GENERAL NEWS

COSHH SAFETY

The Control of Substances Hazardous to Health Regulations 2002 (as amended) Section 7 dictates that employers instigate appropriate measures to safely store, handle and dispose of hazardous substances ‘including using closed and clearly labelled containers.’

WHS advisors have seen an increasing tendency for unidentified substances to appear on site and in workplaces with no labelling or clear marking of any sort. This is illegal – and you really don’t need a degree to see why!! Any unidentified substances could be mistaken for something else, misused and cause issues or real harm. There have been some dreadful incidents in the past where people have drunk bleach from milk bottles thinking it was water and had skin stripped from their limbs after mistakenly washing their hands in what they thought was water in containers. And this is not to mention the financial implications from pouring the wrong fuel or other substances into plant or machinery!

Please make sure that all potentially hazardous liquids, pastes and gels are kept in their original, clearly labelled containers at all times – and under lock and key if necessary where substances pose a significant risk. And this includes cleaning products, many of which can pose serious risks if misused.

SAFE DRIVING – ALCOHOL

It’s that season again when we all let our hair down and go out partying, very often with work colleagues and/or to work functions. And every year, the number of people hit or killed by drunk drivers escalates.

The estimate for the number of people killed by drunk drivers throughout 2022 was 300 which represents 17% of the total number killed on the roads. So it’s worth mentioning the facts here ahead of the festivities to come:

  • It takes 1 hour for a healthy liver to process 1 unit of alcohol
  • This equates to a single shot of spirits or a half pint of normal strength beer
  • But a pint of beer can range from 2 to 3 units
  • And a 250ml glass of wine is almost 3 units

The legal limit for driving after a drink is:

  • 35 micrograms per 100 millilitres of breath (the ‘breath limit’)
  • 80 milligrammes of alcohol per 100 millilitres of blood (the blood limit)
  • 107 milligrammes per 100 millilitres of urine (the ‘urine limit’)

This equates very approximately to 4 units for average men (only 1 to 2 pints) and 3 units for average women (only one large glass of wine), but it all depends on other factors such as body size, metabolism, whether the person has eaten and when, dehydration, tiredness, medication and so much more. The only way to be sure you are not over the limit and still safe to drive is not to drink at all!

And do remember that heavy drinking can stay in your system over night and affect both driving and safety at work the next day.

Here are two very useful links to verify the facts and explain the risk and liabilities:
Drink driving and the legal alcohol limit | Drinkaware
Drink Driving Limit (drinkdrivinglaw.co.uk)

So, employers – don’t book your Christmas parties mid-week and expect employees to drive to work the next morning!! There have actually been prosecutions where the employer has been blamed when drinking at a work function impacts employees’ safety and/or work itself; technically, any function organised through work is classified as being under ‘work control’ and therefore measures must be taken to mitigate potential effects. Hold the party ahead of a non-work day, hold it at a hotel to allow people to stop over, limit time and the ability to drink too much, etc, etc.

SAFE DRIVING – DRUGS

It’s a similar story for the use of drugs – it is illegal to drive whilst under the influence of any type of drugs (including prescription drugs where the instructions clearly state they cause drowsiness).

Drugs actually stay in your system much longer than alcohol, so anyone using these at the weekend really must think twice about when it is safe to drive and/or attend work. Typically, drugs stay in the system:

  • Cannabis 2-3 days
  • Cocaine 12 hours – 3 days
  • MDMA, LSD, crystal meth, ketamine 1 – 4 days
  • Heroine 2 – 5 days

And it is illegal to drive with drugs in the system even if driving ability doesn’t seem to be affected. The police can stop and test a driver at any time; convictions are severe with potentially a driving ban, unlimited fine, 6 months in prison and a criminal record – all of which will stay on the person’s driving license for 11 years.

It is worth also mentioning here that, for the safety of the entire workforce and others, employers are under a legal obligation to remove anyone from the workplace who they suspect may be under the influence of drugs (or alcohol) and to take steps to address the problem before allowing the person to return. However, there are some sensibilities here as there must be firm visual or other evidence (hearsay cannot be taken as the sole evidence) and some illnesses can display similar symptoms. Employers must take steps to check that suspicions are correct before accusations are made, and that can be very difficult.

Do feel free to contact WHS to assistance if you have cause for concern; everything will be treated in absolute confidence.

CHANGES TO WORKERS’ RIGHTS

The Government is proposing a major overhaul to current workers’ rights; the Employment Rights Bill 2024 which was introduced to Parliament for discussion in October. Whilst there is still a long way to go before Parliament votes to put the Bill into law, amongst other proposals (at this point) for which all employers should be prepared are:

  • The right for employees to claim unfair dismissal from day one of employment
  • The protection of a 9-month probation period during which employers may dismiss an employee more easily and without due process
  • Zero-hours contracts essentially banned in favour of a ‘guaranteed-hours’ contract based on hours worked over a 12-week period
  • Flexible working to become the default for all workers from day one, unless the employer can prove this to be ‘unreasonable’ for the job
  • Unpaid parental and bereavement leave allowable from day one
  • Sick pay can start from day one of genuine sickness; the waiting period and lower earnings limit to be abolished

Keep your eyes on the news over coming months but employers would be wise to pre-prepare in the meantime!

WORKPLACE HARRASSMENT

It is also worth mentioning here that the Equality Act 2010 was designed to prevent sexual harassment, bullying and victimisation, and provides a positive legal duty to take reasonable steps to prevent these issues occurring (a ‘preventative’ duty). In other words, employers should not wait for claims of sexual or other types of harassment; action must be taken to prevent such occurrences.

Employers also have a legal duty, under the Health & Safety at Work etc Act and more, to take care of the well-being of all staff – and this will obviously include preventing stress (etc) from harassment or any type within the workplace.

RECENT PROSECUTIONS

CDM – the role of the principal contractor

  • Balfour Beatty was fined £285,000 plus £21,769 costs after a worker died and another was seriously injured when they fell 10 metres to the ground from a scissor lift; the MEWP had been pushed over by an overhead gantry.

The accident happened during the construction of a new facility at Birmingham University and several contractors were operating at the same time. The MEWP was being used to instal cladding and the gantry was being operated by a separate contractor to lift heavy components into place. Balfour Beatty had failed to ensure communication, coordination and cooperation between contractors, all of which were under their control as principal contractor.

A reminder to ALL principal contractors – your role includes the communication, coordination and cooperation of ALL contractors on your site. And this case is a stark reminder of why this is so vital and why, indeed, it was written into CDM from 1994 onwards.

Equipment safety

  • Screening Consultancy and Supplies Ltd was fined £28,000 plus £3,616 costs after an employee broke his arm whilst clearing debris off the bed of a radial arm drill. His right hand became entangled in the machine and he subsequently suffered multiple bone fractures to his right hand and arm. The company had failed to assess the risks associated with the machine and had not established a safe system of work.

Vehicle safety

  • The company owner of Ginsters (the Cornwall-based pasty makers), Samworth Brothers Ltd, was fined £1.28 million plus £24,106 costs after a worker was crushed to death by a delivery lorry as it reversed into a loading bay. Strip curtains had been installed at the loading bay to replace a faulty roller door and the victim had been moving them out of the way when he was struck and killed. No risk assessment had been carried out for the strip curtain and no safe system of moving them out of the way without risk had been established.
  • Merchant Homes Partnership Ltd was fined £160,000 after a telehandler driver was killed when his reversing vehicle slid down an embankment and overturned; he died from crush injuries. The company had failed to assess and establish safe traffic routes which appear, from the photo, to be perilously narrow and close to the top of the bank.

Excavations

• Carrig Construction Services Ltd was fined £75,000 after a worker died whilst working in an excavation; the unsupported excavation wall collapsed, trapping him from the neck down.

This accident doesn’t need any comment, it was a total failure of basic safety principles. But it is worth reminding groundworkers (again) that you don’t need to be covered by the collapse to be killed. Soil is heavy and you can be crushed to death even when it’s only waste deep. To quote an excerpt from our last newsletter:

“Depending on conditions, a cubic metre of soil can weigh in excess of 1.5 tonnes” so, even if a worker is standing up to waist height in an excavation, the weight of a collapsed excavation will cause severe crushing injuries and, in all probability, death.

Work at height

  • Wayne Roofing and Cladding Ltd is awaiting trial following the death of a worker who fell through the glass-wire roof of a cash and carry outlet in Walsall. A second company, Proclad, has already pleaded guilty to similar charges 2 years ago and sentencing is pending, awaiting the outcome of this current trial.
  • Cooper & Westgate Co. Ltd was fined £150,000 plus £50,000 costs after a grandfather was killed in his own bathroom when he fell through a hole left by workers. The bathroom was undergoing conversion to a wet-room and workers had removed floorboards to access pipework; they then left the hole unguarded. The victim fell through the hole to the floor below and was found dead by his son a day later.

This is a poignant reminder of just how vital it is to risk assess EVERY ASPECT of the work, particularly when carrying out the work in occupied properties – and to then produce a strict and comprehensive method statement which includes public protection, and to make sure every worker involved has been properly trained and understands the requirements.

  • Cheshire farm, DS Thornhill (Rushton) Ltd, was fined £12,000 plus £10,000 costs after a roofer fell to his death from a forklift truck. Owner, Denis Thornhill, was cleared of gross negligence manslaughter but found guilty of neglect and fined £4,000 with £4,000 costs.

The roofer had been asked to carry out roof repairs to a packing shed. Thornhill lifted the roofer up using a forklift with a potato box balanced on its forks (!!!); the roofer overbalanced and sustained serious head injuries from which he later died.

The forklift and the offending potato box – and where someone lost his life.

And another death from a fall from height at a farm…

  • Farmer, Phillip Tickner, was given a 6-month suspended sentence and ordered to pay £2,000 in costs after a worker fell to his death through the rooflight of a cow shed onto the concrete floor below. There had been absolutely no consideration for the risks from working at height and no measures established to prevent falls from height; in addition, none of the workers in the team were at all competent to do such work as they lacked any understanding of the risks involved.
  • Paul Freeman Ltd was fined £40,000 plus costs of £6,263 after a lone worker fell through a ceiling during a house renovation and was left paralysed; he had not been found for 6 hours. The company had failed to risk assess nor plan the work properly, and no fall prevention systems had been established.

Please refer to the article above regarding lone working; systems must be in place to safeguard lone workers, including the ability to summon help promptly.

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Our aim is to keep people safe and to keep your company working.
To contact WHS, ring: 01952-885885