COMPANY NEWS

HOURLY RATES

We’re happy to have been able to retain our current hourly rates for a number of years now. Unfortunately, due to various rising costs and the planned increases by the government from April 2022, we’ve had to make the decision to increase them just slightly for 2022. Nothing will change during the period of your current 2021/22 subscription, but the new hourly rates will begin to filter through subscription renewals from 1 January 2022; you’ll be notified in plenty of time prior to your renewal.

The rates will be changing as follows:

Old Rate New Rate
£42          £45
£50          £55

Don’t worry though, your actual subscription cost won’t be changing, and all training costs for CITB, UKATA and First Aid will be remaining the same – which is all good news.

TRAINING

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.

All necessary criteria and restrictions will be personally communicated, both directly at the time of booking and again through joining instructions, ahead of planned courses. It is vital that these are understood and, particularly for the First Aid courses, relevant information clearly passed to candidates.

Please enquire about other courses available, both classroom and non-classroom based; the full range is also detailed on our website:
https://wenlockhealthandsafety.co.uk/

FIRST AID

1-day Emergency First-Aid at Work course dates are listed below; strict Covid-specific controls will still apply for the moment and will be advised within the joining instructions. Spaces are therefore limited and demand is always high, so book places as soon as possible to avoid disappointment:

Dates:

  • 29 October 2021 (Friday)
  • 24 November 2021 (Wednesday)
  • 20 December 2021 (Monday)
  • 28 January 2022 (Friday)
  • 28 February 2022 (Monday)
  • 24 March 2022 (Thursday)

 

Cost: £85 + VAT per person

HSE NEWS

RPE & Face-fit Testing

The HSE has stressed that they are targeting the face-fit testing of respiratory protection* and beards!!

There is still a wide-spread misconception throughout UK industry that it is a ‘human right’ to sport a beard or facial hair, even if the wearing of respiratory protection is required for the safety of that individual. It is not! And the HSE have made it perfectly plain that, if an individual refuses to shave, he cannot work on tasks requiring respiratory protection – and that’s that!

To quote the HSE:

  • The wearer must be clean shaven to achieve a good seal between the tight-fitting respirator and the wearer’s face. This prevents inward leakage of contaminated air from around the edges of the face seal being breathed into the lungs
  • Face fit tests should not be conducted if there is any hair growth between the wearer’s skin and face-piece seal, including stubble beard growth, beard, moustache, sideburns or a low hairline

 

The HSE has prosecuted on this point – for example, Nasmyth Technologies Ltd fined a total of £22,551 after four workers suffered severe health issues from being exposed to chemical fumes. Amongst other issues, the HSE stated that “workers were unshaven meaning their beards or stubble prevented an effective seal of the RPE to their faces”

And they continue to target this issue during inspections. So don’t fall foul of this simple (legal) principle. Health & safety overrides an individual’s right to sport a beard (or anything else which compromises PPE protection or any other safety measure); if the worker won’t remove the beard, he must be removed from that task or the company will risk prosecution.

(* not the blue surgical masks commonly used as some means of protection against covid, but all face masks, FFP3 and above, required to protect the worker against occupational respiratory harm)

WHS carries out face-fit testing, which is quick and easy to do; contact the WHS office for details.

COSHH Assessments

The HSE also stresses that, of course, the use of RPE must relate to the conclusions of COSHH assessments of sufficient depth and breadth to cover all potentially hazardous substances to be used or encountered in the work environment.

To quote the HSE once again:

In line with the COSHH regulations and the hierarchy of control, workplace exposure to hazardous substances should be prevented by:

• avoiding the use of a hazardous substance
• minimising exposure by modifying the process, and/or
• applying engineering controls, such as Local Exhaust Ventilation (LEV)

Only where adequate control of exposure cannot be achieved by these means, should RPE be used in addition to these measures to control the remaining or residual risk.

There is ample advice and guidance about COSHH, RPE, legal requirements and expectations on the HSE’s website and in the WHS Health & Safety Manual; however, do feel free to contact WHS with any questions you may have.

 

INDUSTRY NEWS

New UKCA Markings

From 1 January 2022, the use of the UK Conformity Assessment (UKCA) marking will replace a number of CE-marked products in Great Britain (UKNI for products produced in Northern Ireland). Refer to BEAMA summary document: https://bit.ly/3nDoIsq

Work at Height – Ladder Safety

Following on from the article in the August newsletter which revealed the shocking statistic that there are (on average) 99 falls from height at work each and every working day in the UK, we again draw attention to the issue and ask why this is still happening almost 50 years after the advent of the Health & Safety at Work Act and 16 years after the very specific Work at Height Regulations.

Causes of falls from height include:

  • Unsafe equipment
  • Untrained users
  • Poor management

 

As with everything in health & safety, it’s all down to competent risk assessment. Ladders have never been banned and, indeed, when the correct type of ladder is selected and properly used, they can be invaluable – but only for very short duration (30 minutes total, very low risk tasks, and where the user can retain 3-points of contact at all times for stability). The right tool for the right job. The consequences can be severe if this rule is not followed; for example…

Volvo was fined £900,000 after a worker suffered serious head injuries and had to be placed in an induced coma following a fall from a step-ladder (yes, just a step ladder). The HSE found the step-ladder to be totally inappropriate for the task.

Southend High School for Boys Academy Trust was fined £24,000 after a worker fell from a ladder whilst dismantling a canopy roof and sustained multiple fractures. Again, the ladder was totally inappropriate for this type of work.

And a paratrooper who had jumped from aircraft over 40 times without a scratch but sustained serious, life-changing leg injuries when the wooden ladder he was using at home snapped.

The right tool for the right job – remember that mantra.

So how do we select the ‘right tool’, the correct type of ladder? Over and above the information provided within the WHS Health & Safety Manual, there is ample free expert guidance and advice on the internet to assist, so use it. For example:

  • HSE guidance: https://www.hse.gov.uk/work-at-height/using-ladders-safely.htm
  • Ladder Association / RoSPA guides to the safe use of ladders:
    ‘Get a Grip’:
    https://ladderassociation.org.uk/wp-content/uploads/2019/05/Get-a-Grip-Safety-Guide_LA-and-RoSPA.pdf
    https://ladderassociation.org.uk/sign-up/
    Safe Use of Ladders and Stepladders LA455: https://ladderassociation.org.uk/la455/
    Current ladder standards, what to use and when: https://ladderassociation.org.uk/en131/
  • And, of course, manufacturers’ guidance for that particular ladder

 

A few vital points to note (this is not an exhaustive list):

  • In general, ladders must comply with EN131. However, the standard for roof ladders is BS8634, and for step stools and small steps it’s EN14183.
  • Check the certification displayed on the item with certifying body to ensure that it is legitimate, and only buy from reputable suppliers; there are some dreadful fakes on the market, be warned.
  • EN131 requires that bases of all leaning ladders of >3m MUST be wider that the ladder width to ensure stability; stabilising bars are common but designs may vary

 

Previous newsletters have drawn attention to the invaluable resources and support available from the No Falls Foundation, including support for victims of falls, whether sustained at work or at home. The NFF produces regular newsletters which are well worth signing up to:
https://nofallsfoundation.org/index.php/sign-up-to-newsletter/

GENERAL NEWS

The Status of Volunteers

The Birmingham Anglers Association (BAA) has been fined £66,000 plus £17,500 costs after a volunteer was struck on the head by a falling branch and subsequently died. BAA had recruited a number of volunteers to help clear vegetation along the riverbank, an operation that included the lopping of large branches. The victim had been helping with ground clearance near to where chainsaws were being used to fell the branches, one of which fell on him causing traumatic brain damage.

The investigation found that BAA had totally failed to assess, plan and manage the work properly. It had ignored guidance from the Anglers Trust, failed to produce a risk assessment or provide training and adequate instruction, provided inappropriate equipment and not established any exclusion zone beneath the fateful overhead works.

During preparation for the trial, the question arose as to whether the victim, as a volunteer, was covered by the Health & Safety at Work Act. It is WHS’s understanding that, if a person is engaged by an organisation for work in any capacity at all, whether paid or unpaid, volunteer or work experience, then they are classified as ‘workers’ and are covered as such by the Act. However, this principle is largely superfluous as the Act also dictates that organisations are wholly responsible for persons not in their employ but affected by their actions. Therefore, as in this case, volunteers are most certainly ‘affected by the actions’ of the organisation engaging them and the answer is, yes, volunteers are most certainly covered by the Health & Safety at Work Act in one form or the other.

BAA was prosecuted on this basis and also for breaching the Management of Health & Safety at Work Regulations in its failure to properly assess, plan and manage the works.

Driving – Highway Code Changes

You should already be aware of the recent changes in the Highway Code with respect to so-called ‘smart motorways’? But how many people are aware of forthcoming change to the status of pedestrians and cyclists which puts the onus for safety well and truly on the vehicle potentially causing the most harm?
Refer to the BBC article: https://www.bbc.co.uk/news/uk-58021450

This change will almost certainly have serious repercussions unless drivers are well informed and take their increased responsibilities to give pedestrians and cyclist priority seriously. And, of course, those employing drivers for work purposes have legal duties to ‘train’ and ‘instruct’ all their employees, including drivers. It therefore follows that employers must keep well abreast of the continually changing Highway Code (15 changes since 2015 alone) and pass all relevant information to drivers.

It’s easy to do this; sign up for email alerts about changes: https://bit.ly/3zcxccf
Or tap into all updates: https://www.gov.uk/guidance/the-highway-code/updates

So no excuses; don’t rely on your drivers to update themselves but lead the way and inform them.

 

Driving – Employer Responsibilities

Following on from above, there is ample HSE guidance and information on employers’ responsibilities in respect of driving for work, including legal requirements, planning the journeys, drivers’ health, vehicle maintenance, etc. The guidance also includes those riding in vehicles used for work, who are mostly overlooked but can often be exposed to tangible risks.

Refer to the HSE’s website: https://bit.ly/3AhabGg

AND FINALLY

Work at height
(as always!)

  • Invictus Facilities & Construction Management Ltd was fined a total of over £114,000 and director, Simon Wright, ordered to undertake 150 hours in unpaid work, after a scaffold tower partially collapsed, injuring two workers. The men had been using a 6m high tower to carry out removals work, equipment that was totally unsuitable for the heavy work involved. It had been erected (by untrained employees) to a height beyond that recommended and loaded with a weight greater than the SWL stated by the manufacturer.

 

This is a reminder that all manufacturers’ guidance must be read and followed and that SWLs (Safe Working Loads) are stated therein for a very good reason and can never be exceeded. Remember also to include the weight of all persons and equipment with the weight of materials to give the total loading which, we repeat, must never exceed the SWL stated.

  • Bobby Oldham Construction Ltd was fined a total of over £11,500 after a sub-contractor fell from roof joists onto a concrete floor, sustaining very serious injuries including a broken neck. The worker had been sitting astride one of the joists when it gave way, causing him to fall.

 

The work had not been properly assessed, planned, managed or supervised and appropriate equipment had not been provided – the photo shows an unprotected trestle on the left and a ladder, the only means of access to the work at height provided.

This may only have been single storey but, as WHS continually stresses, a fall from any height onto a concrete floor can cause severe harm. The correct means of access to work at height, and edge protection to prevent falls, must be provided in ALL such situations.

  • Nizamuddin Gorji received a suspended 12-month prison sentence and was ordered to pay costs of £3,000 after an employee fell 30 feet through a skylight, sustaining multiple serious injuries. Absolutely no fall prevention measures had been provided, and neither the operatives nor Gorji himself had undertaken any type of health & safety training!

 

Equipment safety – ALL equipment!

  • Builder Benjamin Collier-Ware was fined a total of over £6,000 after a worker’s finger was amputated by a circular saw. Whilst the worker was holding the timber joists to be cut, the saw slipped, cutting off his index finger and severely damaging other parts of his hand. Obviously, the work had not been assessed and planned properly and no consideration had been given to the extreme likelihood that an accident of this nature would happen if a worker was used to hold the joists instead of them being secured to a workbench as they should have been!
  • Blue Tyres Birmingham Ltd was fined a total of over £30,500 and its landlord, 365 Services Ltd, a total of over £4,000 after a faulty tyre lift, which was already subject to a Prohibition Notice, was found to be still in use. The safety gate (to prevent falls from height) was missing and a safety interlock and mains control panel had been bypassed, potentially lethal faults which could have easily resulted in very serious injury. Blue Tyres was held to be primarily responsible; however, 365 Services were also prosected as the lift was the property of the landlord.
  • P&D Engineering Ltd was fined a total of almost £64,000 following a terrible accident which resulted in the partial scalping of an employee who also had part of her ear torn off. These types of injuries are extremely traumatic and the poor victim subsequently underwent nine surgical operations and skin grafts to re-construct her scalp and her ear was also amputated.

 

The investigation found that there had been no guard fitted to the pillar drill (see photo), despite the Company’s risk assessment identifying the need for one, which resulted in the employee’s hair becoming entangled and wrapped around the rotating drill.

Investigation evidence also suggested that the equipment had been used in this condition for several years which proves the point that risk assessments cannot be written and then left on the shelf; they must be regularly reviewed for both accuracy and compliance. In addition, the regular PUWER equipment inspections by a suitably competent person also seem to be missing in this case, a legal requirement that could and should have identified the serious failings.

 

Safe systems of work required for ALL businesses, ALL employees!

  • AH Worth Ltd, a food manufacturer, was fined a massive total of almost £310,000 after workers were exposed to sulphur dioxide gas released as a result of unsafe commissioning and operation of a potato processing line. In attempting to cure a known problem of gas emission, the company made modifications to the process which resulted in even more gas being emitted. On one particular day, the factory had to be evacuated and a maintenance engineer and several other fellow workers were so badly affected by the exposure that they were not able to return to work due to the effect of the gas on their lungs.

 

It was found that the commissioning had not been properly planned nor were the risks properly evaluated when problems became evident and ahead of modifications. There had been inadequate training, instruction and information given to employees and no additional PPE had been provided. All in all, there had been no attention to establishing a safe system of work.

  • Contractor, Northstone (NI) and security firm, Corporate Services Management, have both been prosecuted for exposing a 74-year old wind farm security guard to several hours of ‘extreme weather conditions’ from which died later in hospital; a second security guard had also been affected but thankfully survived. Neither company had given any thought to providing a suitable source of heating (the generator in the guard house frequently broke down) nor an adequate system of communication for use in emergencies.
  • Egger (UK), a wood recycling plant, was fined £910,000 after a self-employed lorry driver was struck and killed by a shovel loader. The victim had been standing at the rear of his trailer whilst making a routine delivery to the wood storage area when he was struck.

 

The Company had not identified or assessed the risks to pedestrians in that area, despite a large number of vehicle movements being commonplace and previous near-misses. As a result, there were no designated pedestrian walkways or safe areas, although (as the photos shows) there was ample room to do so.

 

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