Safety Matters - APRIL 2008

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In this issue:

Fines against most companies convicted following work-related deaths are less than 1/700th of their turnover, new research shows

MP`s push bill for tougher Health and Safety penalties

Working from home reduces stress in office workers but leads to fears about career progression, a new study has concluded

'Shattered Lives' could affect you, says HSE

The Institution of Occupational Health and Safety (IOSH) has called for tax incentives for treatments such as physiotherapy to help people return to and remain in work

The Health and Safety Executive (HSE) has admitted that one in five sick days taken by its own staff is down is stress

Fellowes launches campaign to reduce RSI

Unacceptable performance by refurbishment sector of the construction industry

HSE warns employers to undertake suitable risk assessments after deaths of two workers

Freight transport firms and businesses that provide their employees with company cars are most at risk from prosecution under the Corporate Manslaughter Act

The importance of carrying out risk assessments and operating safe systems of work have been highlighted by the HSE

Confusing protection system not used by employees leads to accident

Are your company's safety systems up to scratch or are you risking prosecution? At MESH we have extensive experience of helping companies to improve their health and safety and in many cases improve their competitiveness.

Fines against most companies convicted following work-related deaths are less than 1/700th of their turnover, new research shows

The report, by the Centre for Corporate Accountability (CCA), looked at the companies convicted for 'death-related' health and safety offences since January 1 2006 and compared the fines imposed with the convicted companies' turnover and gross profits. It found that the fines imposed on most of these companies was only 1 per cent of their gross profits.

The report comes ahead of new Sentencing Advisory Panel (SAP) guidance for courts on sentencing companies and other organisations convicted of health & safety and manslaughter offences. The CCA is urging the SAP to provide guidance that will allow the courts to fine companies convicted of 'death-related' health and safety offences between 2.5 and 10 per cent of the company's turnover and for the new corporate manslaughter offence of between 15 and 40 per cent of the company's turnover.

"The fines that the courts currently impose upon companies for the most serious health and safety offences are so low as to be almost irrelevant to these companies," a spokesman for the CCA said. "A key purpose of these prosecutions is deterrence - yet fines which are the equivalent of £35 for the average person simply have no impact upon a company's wealth".

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MP`s push bill for tougher Health and Safety penalties

To improve the chances of the bill suceeding it has been aligned closer to the `Better Regulations' agenda. The bill that passed its second reading in February would stiffen penalties by:

• Raising the maximum fine that may be imposed by the lower courts to £20,000 for most health and safety offences;
• Making imprisonment an option for most health and safety offences in both the lower and higher courts.

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Working from home reduces stress in office workers but leads to fears about career progression, a new study has concluded

Research, carried out by the Durham Business School, showed that home workers are worried about missing-out on informal networking, where potential opportunities for moving up the ladder are discussed informally in the office.

Despite these concerns the study also found that working from home generally had a positive effect on an employee's work/life balance, giving them more time with family and leading to less stress and burnout.

Forty three per cent of respondents who worked more than 20 hours per week at home reported feeling a great deal of stress because of their job compared to 65 per cent of employees who worked solely in the office.

Durham Business School has concluded that it seems, at least for managerial and professional employees in knowledge-based industries, that working from home is an antidote to the stresses of office-based working. However this may be at the expense of lower levels of support for career development.

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'Shattered Lives' could affect you, says HSE

Every 25 minutes, someone breaks or fractures a bone at work according to the latest figures from the HSE. Recently the HSE launched the 'Shattered Lives' campaign, to highlight the devastating consequences of simple slips, trips and falls - including falls from height - in the workplace. 

The figures are alarming - every week, one person dies from a slip, trip or fall at work and the serious injuries from slips, trips and falls make up almost a third of all injuries reported to the HSE. 

The HSE calculates that each year slips, trips and falls cost British society nearly £811 million pounds with £31 million of this coming from the catering and hospitality industry. What these figures don't reflect, is the extent to which these injuries affect individual workers and their families. 

Slips, trips and falls can often be viewed as being minor, funny accidents but the effects are not. It can lead to major injuries, and a lifetime of disability or time off work and in worst cases, fatalities.

'Shattered Lives' will encourage people to change their attitudes: if you spot a hazard, don’t assume 'somebody else will sort it out'.

Slips, trips and falls can also have a shattering effect on businesses through costs such as employee absence, sick pay and reduced productivity. Irrespective of the size of the business and the job that you do, it could happen to you.

HSE's Shattered Lives campaign will offer guidance to employers and employees in the construction, building and plant maintenance and food manufacturing and retail industries where the incidence of injuries resulting from slips, trips and falls is highest.

Have you considered slips, trips and falls in your company's risk assessments? Do you have good accident reporting systems in place and do you use reporting as an opportunity to learn and make improvements? I f you need expert support and assistance then why not contact MESH for a no-obligation discussion.

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The Institution of Occupational Health and Safety (IOSH) has called for tax incentives for treatments such as physiotherapy to help people return to and remain in work

According to Health and Safety figures, 9.4 million working days are lost to musculoskeletal disorders alone. To combat this, the IOSH has suggested that certain 'non medical' therapies like physiotherapy should be exempt from the current 'benefits in kind' rule.

IOSH is also calling for capital allowances for measures providing better access for disabled people, such as the fitting of ramps and widening of doorways, to be extended to workplaces beyond the current list of hotels, industrial and agricultural buildings.

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The Health and Safety Executive (HSE) has admitted that one in five sick days taken by its own staff is down is stress

The HSE has conducted a long-running campaign warning firms of the need to protect employees from work pressures. However, the issue of work-related stress has become so bad within the HSE itself that the organisation has launched a drive to cut the amount of time taken off, particularly by women.

There is good stress and bad stress. A lot of employees thrive on good stress. They enjoy working to deadlines and see success as a route to promotion.

However many feel the HSE's management of stress is inadequate, which has been highlighted in a report prepared for the HSE.

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Fellowes launches campaign to reduce RSI

A nationwide month-long campaign has been launched by Fellowes, in partnership with the charity Backcare, that aims to reduce the risk of repetitive strain injury (RSI), back pain and other musculoskeletal disorders.

The Ergonomix campaign also aims to raise awareness of workstation assessments and ergonomics in the workplace.

Musculoskeletal disorders cost business £600 million a year and 10 million lost work days. According to research commissioned by Fellowes, a supplier of workspace solutions, 36 per cent of UK office workers have never had a formal workstation assessment, with a further 12 per cent admitting that their last assessment took place so long ago that they can no longer remember the advice they were given.

With over 75 per cent of employees saying that they would consider suing their employer over a workplace injury, Fellowes said that incorrect posture is no longer an issue that employers can afford to ignore.

Fellowes and Backcare have set up a website which gives detailed information on protecting employees from workstation illnesses, by regular assessments and using ergonomic products.

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Unacceptable performance by refurbishment sector of the construction industry

Over one in three construction sites visited by the HSE put the lives of workers at risk and operates so far below the acceptable standard that inspectors have served 395 enforcement notices and stopped work on 30% of the sites; as part of a recent campaign.

This comes after The Health and Safety Executive (HSE) carried out over 1000 spot checks of refurbishment sites across Great Britain during February as part of its rolling inspection programme targeting poor performing sectors in the construction industry.

The HSE stopped work on site immediately during approximately 300 inspections because the inspectors felt there was a real possibility that life would be lost or ruined through serious injury. The inspectors were appalled at the blatant disregard for basic health and safety precautions on refurbishment sites across Great Britain.

The HSE has restated that it will not tolerate negligence or poor safety standards on construction sites. It is totally unacceptable that so many lives have been put at risk and they are looking to take all action necessary to protect workers, including closing sites and prosecuting those responsible.

The HSE has warned the construction industry that it should take ownership of this issue and do more to tackle poor standards on sites.

HSE's construction division reported that basic safety precautions were being flouted and issues such as work at height remain a huge concern. Over half of the enforcement action taken during this inspection initiative was against dangerous work at height, which last year led to the death of 23 workers.

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HSE warns employers to undertake suitable risk assessments after deaths of two workers

The HSE is warning employers to ensure that they undertake suitable and sufficient assessments of the risks involved in their undertakings. The warning follows its prosecution of two companies within the JCB group, after two employees, died in separate incidents while undertaking routine tasks.

The HSE Inspector Lynne Boulton said: "Both these tragic deaths were not only regrettable but also entirely preventable. Both employees have each left behind two children and grieving widows who have our deepest sympathies and our thoughts go with them for their futures.

"All employers must learn from these tragedies that, whatever the task, it is crucial to undertake a suitable risk assessment that deals with the significant risks of that task.

"Even employers with the most responsible attitude to health and safety can put lives at risk if they do not maintain constant vigilance. The importance of appropriate health and safety procedures cannot be overstated."

HSE brought the two cases against JCB Earthmovers Ltd and JC Bamford Excavators Ltd before Stafford Crown Court on 14th March 2008. Both companies had pleaded guilty to charges at earlier court hearings.

JCB Earthmovers Ltd was fined £200,000 and ordered to pay costs of £31,366 for breaching section 2(1) of the Health and Safety etc Act 1974 following the death of an employee aged 33, at its manufacturing plant in Cheadle, Staffordshire.

The HSE iInvestigations revealed that the employee was standing close to the tank when the inspection plate blew off, causing him fatal head injuries, after he connected a high-pressure airline instead of using low pressure.  At an earlier hearing, Magistrates heard that the low and high-pressure airlines were similar and with identical connectors.  The Court also heard that the employee did not have enough training for the job.

JC Bamford Excavators Ltd, was fined £266,000 and ordered to pay costs of £31,701 for breaching section 2(1) Health and Safety at Work etc Act 1974 following the death of an employee aged 43, on the company’s site at Rocester, Staffordshire.

The employee suffered fatal head injuries after being crushed by the boom of an excavating machine (known as a backhoe loader). HSE’s investigation revealed that it was common practice for workers to operate the controls for the boom whilst standing outside the cab of the machine and leaning through the back window. A fault on the hydraulic system resulted in the control lever not working properly causing the boom to carry on moving, trapping the employee and inflicting fatal injuries.

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Freight transport firms and businesses that provide their employees with company cars are most at risk from prosecution under the Corporate Manslaughter Act, according to the Forum for Private Business (FPB)

The Act will place greater responsibility on firms to ensure that they put in place stringent health and safety procedures. Failure to do so could lead to a business being publicly 'named and shamed' and fined up to 10 per cent of its annual turnover should a death occur as a result of 'gross management failure'.

Because of the relatively high instances of road fatalities, business owners in the transport industry - and those who provide company cars - should make sure their employees are fully aware of health and safety best practice. The Corporate Manslaughter Act means that they must establish clear health and safety procedures and monitor them, or face heavy fines and public censure says the FPB.

The FPB are concerned that many small businesses are totally and utterly unaware of the potential issues that they face. They feel that many know about the Act itself, but are oblivious as to how it could impact on them.

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The importance of carrying out risk assessments and operating safe systems of work have been highlighted by the HSE

The warning follows a case in which a worker lost the tips of two fingers at a paper recycling plant in Greenwich, London.

On July 23, 2004, the employee and another engineer from the firm RPC Macpress engineering were at SCA Recycling Ltd's premises to repair a large waste paper recycling machine, known as a shredder. The shredder had been damaged when a forklift truck had inadvertently reversed into it.

Although the engineers had filled in their company's risk assessment form before starting the job, they had only been instructed on how to fill in the form and not how to actually make an assessment of the risks.

When the panel of the shredder that allowed access to the damaged area failed to open, the engineers resorted to using a hydraulic jack able to exert a force sufficient to lift 25 tonnes and the panel then opened suddenly, but immediately shut again, trapping the employees right finger and little finger resulting in the loss of the tips of both fingers.
Both companies were fined £15,000 with costs of £3,042 after pleading guilty to breaching s.3 (1) of the Health & Safety at Work etc.Act 1974.

Are you confident that staff are aware of how to carryout suitable and sufficient risk assessments, or are you likely to be facing court proceedings? At MESH we have extensive experience in helping organisations with risk assessments and in training staff to become competent in risk assessment; why not look at some of the organisations we have assisted.

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Confusing protection system not used by employees leads to accident

A maintenance engineer lost the tip of his finger in an unguarded and unsafe running conveyor belt the courts heard. The engineer had been adjusting the width of a conveyor belt and as he manually turned the pulley the machine started and pulled his fingers into the roller amputating the tip.

The HSE investigation identified that the machine was not properly isolated even though the company had installed a full isolation system that turned off the electricity to the area. They had also installed a key-based isolation system; but by having the two systems caused confusion for the employees. The custom and practice became to use the key based system rather than the full isolation system.

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