Safety Matters - december 2005

Welcome to the December 2005 edition of the Mesh Consultants Safety Matters email newsletter.

This newsletter is available on free subscription only and is our way of keeping you informed about developments in Health and Safety. To review or amend your subscription details, please see the notes at the end.

In this issue:

New survey claims workers are ignoring slip and trips risks

Personal injury lawyers expect personal injury claims to rise

More top firms reporting on safety, says HSE

Employers who ignore stress can expect trouble

Cardiff hotel has been fined £40,000 after two people died from Legionnaires' disease

The Health and Safety Executive (HSE) and Sussex Police issue warning

Report calls for the public sector to only award contracts to those who deliver exemplary health and safety standards

Lawyers are poised to start asbestos compensation bid

HSE highlights important H&S issues to employers in the warehousing and commercial storage sectors

Too long at a desk in the office equals pain

Two London firms have received heavy fines for breaching the Fire Precautions (Workplace) Regulations

Construction Company fined for exposing worker to asbestos

Quarry manager who failed to act on HSE enforcement notices has received a custodial sentence

Machinist lost arm after his overalls became entangled

New survey claims workers are ignoring slip and trips risks

Almost half of Britain's builders believe that slip and trip hazards are being ignored because workers are too busy to remove them, a recent survey by the HSE reveals.
More than a third of the construction workers interviewed as part of the UK Workers Slips and Trips Opinion Survey 2005 also admitted not placing caution signs near hazards such as slippery surfaces.

The problem is not only confined to the building trade - half of the 1,000 workers questioned by the survey believe that spillages or obstructions are 'not their responsibility' to clear.

The HSE responded by identifying that: "There really needs to be a shift in attitude from 'ignore it' to 'do something about it'. Even if you are pressed for time or have some work that urgently needs doing, if you spot a risk it will take less than a minute to either deal with it yourself or report it.'

According to the survey - which was carried out in August as part of the HSE's Watch Your Step campaign - a slip or trip incident takes place every three minutes in a British workplace.

In total, the survey estimates that falls caused by slips or trips cost the UK economy £800 million every year, with businesses paying out as much as £500 million.
Slips and trips pose a particular problem in the construction industry, with 2,887 incidents reported to Executive last year alone. In fact, slips and trips are now the most common cause of injuries in the sector.

The survey also found that the top 3 causes of slips, trips and falls were; tripping over an object left on the ground, followed by tripping on an uneven surface outside and tripping on an uneven floor.

In addition, the survey reveals that men are 28 per cent more likely be injured in a slip or trip incident than women - but are also a fifth less likely to clear up spilled liquid they see on a floor.

Personal injury lawyers expect personal injury claims to rise

A new survey has shown that personal injury lawyers expect personal injury claims to rise by around 20% over the next two years.
Those surveyed called on the Government to bring back legal aid funding for personal injury claims to try to address the UK`s growing 'compensation culture'. The survey suggested several reasons for the possible increase in claims, including:

• Greater awareness of how to pursue a claim from no-win no-fee advertisements;
• Transfer of US-style compensation culture into the UK;
• The levels of debt people have that may lead them to fabricate claims.

Does your organisation have suitable health and safety systems in place that help to keep your employees safe? Would you be confident that you could successfully fight unjustified claims? If not then look at the companies MESH has worked with to develop robust Health & Safety systems.

More top firms reporting on safety, says HSE

The number of firms that publicly report on health and safety issues rose by almost 40 per cent between 2000 and 2004, according to a new report on the level and quality of safety information made available by the UK's top companies and public sector bodies.

Of those that reported on health and safety most included details of their safety policy and progress made towards meeting goals, while two thirds also provided details of their safety performance - for example, RIDDOR-reportable injuries and illnesses. However, only 35 per cent of businesses provided details of their safety targets.

Overall, the study - which looked at over 1,200 organisations, found that the HSC's Revitalising Health and Safety strategy has been effective in encouraging the private sector to make safety data publicly available.

Four companies - Balfour Beatty, British Nuclear Fuels, Northern Foods and United Utilities - and one public body - the HSE, appropriately enough - were praised for achieving maximum marks for their health and safety reporting.

However, the report also warns that many firms - particularly those in the insurance, finance and general retail sectors - are still not doing enough to make health and safety information available.

In addition, the study concludes that there is 'great scope' for improvements in the quality of health and safety reporting - particularly with regard to information on performance and targets.

The report comes after the HSE issued voluntary guidance on reporting, along with a challenge to Britain's top 350 businesses to include details of their health and safety performance in their annual reports from 2002 onwards.

Employers who ignore stress can expect trouble

A clear message was issued at a conference organised to mark National Stress Awareness Day, the 200+ senior managers attending were left in no doubt that there is no longer any excuse not to adopt good practice in managing stress.
It was stated that organisations that don't take proactive measures could expect trouble, both from the HSE and deteriorating productivity, staff morale and sickness absence.

The HSE launched its stress management standards a year ago and it is in the process of issuing new guidance to employers in how to apply them and make them work in organisations. A delegate at the conference representing Somerset County Council, told delegates how they are managing to save an average of £1.3 million a year in sickness absence costs since implementing a stress management approach.

Has your organisation taken proactive steps to manage stress? Would you like to know how to get started and how to implement systems that could save you money? If you need help then contact MESH we have staff highly experienced in this field.

A Cardiff hotel has been fined £40,000 after two people died from Legionnaires' disease contracted from a humidifier in the buffet room

Three other guests also became ill after staying at the hotel.

Cardiff Crown Court heard that the humidifier unit sprayed a fine mist over food, infecting the dining room with the disease.

Prosecutor Stephen Linehan said: "The bacteria occurred because humidifiers in the unit were installed without the safety features being used. Each day the victims had passed through the hotel's dining room where it was kept."

The hotel admitted breaches of the Health and Safety at Work Act 1974, and was ordered to pay £15,000 costs in addition to the fine.

The company that installed the humidifier was also fined £7,500 with £2,500 costs.

The Health and Safety Executive (HSE) and Sussex Police issue warning

The warning aimed at vehicle repair garages is about the importance of having a safe system in place for handling and storing petrol. The warning follows the conclusion of proceedings brought against the owner of a Sussex garage.

At an earlier hearing, Howard Hawkins, the owner, was found guilty of breaching section 2(1) of the Health and Safety at Work etc Act 1974 (HSWA). He was sentenced at Lewes Crown Court, receiving a fine of £10,000 with costs of £15,000.

The prosecution followed the death of an apprentice mechanic, Lewis Murphy (18), who died four days after becoming engulfed in flames in an explosion at the Anchor garage, Peacehaven, Sussex on 19 February 2004.

Passing sentence, Judge Richard Hayward, said of Howard Hawkins: "To say that you were complacent about health and safety is an understatement. You regard health and safety as a tiresome intrusion into your business and a matter of common sense that you could leave to the experience of your mechanics. Being a dinosaur can sometimes be endearing but not on health and safety matters."

A report on construction work in the capital calls for the public sector to only award contracts to those who deliver exemplary health and safety standards

The request was made by the London Assembly's Health & Public Services committee after figures revealed that two construction workers are seriously injured in London's building sites each day and that one worker dies almost every month.

The committee claims that not only does the construction industry itself have to make health and safety a higher priority but the public sector also has responsibility to the workers that it employs.

Chair of the committee Joanne McCartney, said: "We urge the Mayor and Government to ensure London's largest construction programme - the development of Olympics infrastructure - pays proper heed to health and safety. The lead-up to the 2004 Games in Athens was marred by the deaths of up to 40 workers. We must make sure London's Olympics is a safe one for all workers.

The human toll of injury and ill-health in London's construction industry is unacceptable. Every death is one too many and each represents a personal tragedy. Government targets and renewed effort by the industry have helped to reduce the number of accidents, but more needs to be done. There is absolutely no excuse not to safeguard workers' lives."

Are you missing out on contracts due to poor health and safety systems? Does your organisation have a poor health and safety record and do you need assistance to improve? MESH employs consultants that are experts in construction health and safety, contact us to find out more.

Lawyers are poised to start a compensation bid on behalf of thousands of workers who have been blighted by an asbestos-related health condition

If the cases are successful, solicitors hope that up to £1bn could be paid to people with pleural plaques - scarring on the lung lining due to asbestos exposure.

Most asbestos-related disease was due to "negligent" employers, according to Ian McFall of Thompsons law firm.

The insurance industry hopes to end compensation claims for the condition by taking a case to the Court of Appeal in London.

Mr McFall said: "For over 20 years the courts have accepted that pleural plaques, together with the increased risk of future disease and related anxiety, constitutes an injury and should therefore be compensated.

"The majority of people who develop any type of asbestos-related disease, including pleural plaques, do so because their employers were negligent in failing to protect them from exposure to asbestos."

The Health and Safety Executive (HSE) highlights important health & safety issues to employers in the warehousing and commercial storage sectors

The action follows prosecution of Iron Mountain (UK) Ltd over an accident in which an employee was injured. Tristan Arkless fell 3.5 metres from a temporary platform in July 2003 and suffered a crushed vertebra and fractured pelvis. The company pleaded guilty to breaching s.2(1) and s.3(1) of the Health and Safety at Work etc. Act 1974 and was fined £20,000 for each offence and ordered to pay £5,000 compensation to Mr Arkless.

The HSE is emphasising the need for supervision of inexperienced workers; planning work at height; and ensuring safety procedures are maintained outside normal working hours. HSE inspector, John Crookes, said: "This is an example of what can happen when work at height is not properly planned and when young, inexperienced workers are not supervised. It highlights the need for companies to make sure safety procedures are in place whenever their employees are at work, not just during normal hours".

The company had not made a proper risk assessment prior to commencing the job and provided a system of work. Nor had they ensured that a competent supervisor was in place.

Too long at a desk in the office equals pain

A survey by the Chartered Society of Physiotherapy has revealed that most office workers stay at their workstations for far longer than recommended as healthy. Most revealed that they stay at their workstations for around 1.5 hours and a quarter remain seated for 3 hours.

Seventy percent of respondents identified that they had experienced back, neck or upper limb pain resulting from desk work.

Have you carried out Display Screen (DSE) assessments for your staff that work regularly on computers? Or is this an area that you have forgotten as it appears to be low risk? Our experience at MESH is that you overlook DSE assessments at your peril - often, assessments can identify simple changes that help to protect staff and prevent costly sickness absense.

Two London firms have received heavy fines for breaching the Fire Precautions (Workplace) Regulations

Furniture company, P Goddard & Sons was fined £17,650 after being found guilty of compromising the safety of employees by blocking fire exits.

On two occasions, inspectors from the London Fire and Emergency Planning Authority (LEPA) found fire exits padlocked shut and obstructed by a double bed.
Meanwhile, at the same court, glazier Toughglaze UK Ltd was ordered to pay £23,000 in fines and costs after pleading guilty to 19 breaches of the Regulations.

Site inspections had revealed that there was no working fire alarm, firefighting equipment was out of date or inaccessible, and fire exits had been padlocked shut or blocked.

The judge ruled that padlocking fire exits was a serious offence and hence the fines reflected that seriousness.

Has your organisation carried out fire risk assessments in compliance with the Fire Precautions (Workplace) Regulations? Do you need help to complete risk assessments or carryout workplace inspections? Take a look at the companies that MESH has helped.

Construction Company fined for exposing worker to asbestos

The company instructed a general labourer to remove asbestos insulation board (AIB) rather than bring in a specialist firm, the court heard.

They were fined a total of £20,000 and ordered to pay costs of £4,000 and the construction director was charged under s37 of the Health and Safety at Work etc. Act, for failing to ensure the welfare of his employees. He was fined £15,000 and ordered to pay costs of £3,281.

The court heard that the employee was asked to remove the AIB on several occassions without appropriate training, competence or information. This was despite the company having a copy of an asbestos report stating clearly that AIB was present and that a specialist was required to remove it.

A quarry manager who failed to act on HSE enforcement notices has received a custodial sentence

A nine-month jail term was handed down to the director of quarrying company Earthstrip in Norwich and a co-director was ordered to pay £55,000 in fines and costs after the court identified "flagrant" breaches of health and safety legislation.

An employee at the site sustained serious injuries, including a fractured pelvis, after using a faulty piece of construction equipment. Despite the incident, the equipment remained in use at the site and working procedures for maintenance were not put into effect.

The court heard how the directors had shown "contempt" for the prohibition notices issues against them and continued to put "profit over safety".

Machinist lost arm after his overalls became entangled

A Kent engineering firm has been fined £10,000 after an employees arm became entangled in an unguarded machine. The employees arm was ripped off and had to be reattached in hospital.

He was working on the machine when he lent over to cut progress, as he did so his overalls became entangled with a rotating spindle, dragging his arm into the machine.

The HSE inspector who investigated the case commented that "Entanglement injuries are a common cause of machinery accidents. The company had failed to assess the risks to the machine operators - simple cheap safety improvements could have avoided this accident".