Safety Matters - FEBRUARY 2008

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In this issue:

Proposed fines for corporate killing receive mixed response

MPs raise concern over standards of Health & Safety advice

Long working hours on the increase

Employers told to join fight against obesity

IOSH advises on good working posture

TUC issues warning on back strain

Businesses reminded of manual-handling duty

Supermarket giant Asda has been fined over £200,000 after pleading to health and safety breaches which led to the death of a man in a store car park

Council admits to fault in mower accident

Boss jailed after trying to deceive investigators following fatal roof fall

Wimpey fined £300,000 for construction death

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.

Proposed fines for corporate killing receive mixed response.

Proposals for fining under the new Corporate Manslaughter and Corporate Homicide Act have received a mixed response from business and safety groups. The Sentencing Advisory Panel had suggested that a company found guilty of a corporate manslaughter offence should pay a fine of between 2.5 – 10% of its annual turnover; dependant on how bad its failings were.

The CBI expressed considerable concern as they can see fines running into hundreds of millions of pounds. Whereas IOSH feel the 10% level (comparable to what companies can be fined for infringing competition law) is what should be imposed.

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MPs raise concern over standards of Health & Safety advice

More than 50 MPs have pledged their support to regulate the health and safety profession, following concerns raised by IOSH of the standards of health and safety advice being given to employers.

An Early-Day motion tabled has been signed by more than 250 MPs and raises concerns that people without relevant experience or qualifications can act as a health and safety advisor; and that their incompetent advice can put lives at risk.

Michael Clapham MP commented “that you would not expect your dentist to be a qualified mechanic, so why would you accept a health and safety professional without relevant qualifications?”

It is proposed that regulating the profession will improve standards.

Are you confident that the advice your company receive is from a competent health and safety professional?  At MESH we pride ourselves on our health and safety competence and ability to provide quality professional support to companies, why not take a look at examples of the clients we have worked with and their testimonials?

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Long working hours on the increase

A recent survey has shown that following a slow but steady ten year decline in people working more than 48 hours a week, the number is on the rise again.

The Labour Force Survey identified that more than one in eight now works more than 48 hours per week; this figure rises to one in six in London.

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Employers told to join fight against obesity

Employers will be urged to tackle obesity among staff under a £372 million Government strategy to encourage people to lead healthier lives.

The strategy aims to bring together employers, individuals and communities to promote healthier lifestyle choices and includes plans to:

• Create stronger incentives for individuals, employers and the NHS to prioritise the long-term work of improving health;
• Work with employers and employer organisations to explore how companies can best promote good health among their staff and make healthy workplaces part of their core business model;
• Pilot a range of different approaches to using personal financial incentives to encourage healthy living.

"Employers can support their staff in a number of ways: making healthy options available in staff canteens, providing fitness facilities and investing in facilities for cyclists," according to the Department of Health's Healthy Weight, Healthy Lives report.

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IOSH advises on good working posture

The Institution of Occupational Safety and Health (IOSH) have urged employees to help avoid musculoskeletal problems by adopting the correct posture while typing.

Musculoskeletal disorders are the most common occupational illness in Great Britain, affecting over one million people a year and include problems such as lower back pain, joint injuries and repetitive strain injuries. These musculoskeletal disorders are preventable in the workplace if staff are trained properly and the required risk assessments are undertaken

The IOSH advises that when seated in front of a computer screen, employees should ensure:

• Hands, wrists, and forearms are straight, in-line and roughly parallel to the floor;
• Head is level, or bent slightly forward, forward facing, and balanced;
• Shoulders are relaxed and upper arms hang normally at the side of the body;
• Elbows stay in close to the body and are bent between 90 and 120 degrees;
• Feet are fully supported by floor or footrest;
• Back is fully supported with appropriate lumbar support when sitting vertical or leaning back slightly;
• Thighs and hips are supported by a well-padded seat and generally parallel to the floor;
• Knees are about the same height as the hips with the feet slightly forward.

What is clear is that regardless of how good your working posture is, working in the same position or sitting still for prolonged periods is not healthy.

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TUC issues warning on back strain

Employers should not be relying on their employees lifting heavy weights 'correctly', warns the Trades Union Congress (TUC) following the publication of research on the British Medical Journal website.

The research suggests that training people how to lift heavy objects is failing to prevent back injuries.

TUC general secretary, Brendan Barber, commented: "This is an important piece of research. It shows that employers shouldn't be relying on their employees lifting heavy weights 'correctly' to prevent back injury, but instead should be reducing the weight of things that need to be lifted manually".

"If employers want to protect their staff from the pain of back strain, they should not be banking on their staff using the correct techniques to lift heavy objects at work. The best way to keep staff injury-free is to make sure that everyone understands the importance of not lifting heavy weights on their own."

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Businesses reminded of manual-handling duty

UK employers have been reminded of their responsibilities regarding the risk of manual-handling injuries after a food company was fined £25,000 for failings that led to an employee sustaining injuries while lifting sacks of rice. The company was also ordered to pay costs of £28,000.

East End Foods plc was found guilty this week of failing to take reasonable care for the health and safety of its employees as required by Section 2(1) of the Health and Safety at Work etc Act 1974. The conviction related to an incident in which a worker was injured when a 50kg sack of basmati rice fell on his neck while being manually offloaded from a container.

An investigation by the HSE concluded that the offloading procedures in place at East End Foods posed a high risk of musculoskeletal injuries to workers and had not been subjected to a suitable risk assessment.

The fact is that in the food and drink industry, 30 per cent of all acute injuries result from bad practice in manual handling. Stacking and de-stacking sacks, boxes and crates are amongst the top five causes of manual handling injuries in the food and drink industry.

Studies have shown that three quarters of these injuries are preventable. The HSE warn that they remain vigilant in ensuring employers follow the rules and regulations set out for their industry.

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Supermarket giant Asda has been fined over £200,000 after pleading to health and safety breaches which led to the death of a man in a store car park

The worker aged 37, died after an unsecured barrier at the Cardiff Bay store was caught by a gust of wind and smashed through his car window.

Newport Crown Court heard there had been two similar accidents at Asda stores, prompting senior managers to issues warnings about barriers being properly secured. However, managers at the Cardiff Bay store failed to carry out risk assessments on the barrier.

Following a verdict of unlawful killing, Asda Stores admitted two charges brought by Cardiff Council under the Health and Safety at Work Act and was fined £225,000 and ordered to pay £42,000 in costs.

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Council admits to fault in mower accident

City of York Council has been criticised in court for failing to ensure the safety of a gardener killed by a lawnmower.

The gardener was killed when the sit-on mower he had been driving fell down an embankment near Clifton Bridge and rolled on top of him.

The HSE prosecuting officer said: "The council failed to ensure the safety at work of employees grass cutting using sit-on motors."

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Boss jailed after trying to deceive investigators following fatal roof fall

This followed a worker falling 25 feet through a skylight of a Comet retail store in Wrexham, North Wales. The court heard that the contractor in charge of the work had not provided suitable safety equipment for his employees nor had there been any procedures in place to prevent falls from height.

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Wimpey fined £300,000 for construction death

Construction giant George Wimpey and a sub-contractor have been fined a total of £320,000 and ordered to pay costs of £33,000 after an unsupported trench collapsed, killing one and seriously injuring another.

The HSE inspector investigation identified that there were no supports to the trench walls, nor had the trench been stepped or battered. It was the consideration of the inspector that the only sensible way of doing the excavation would have required a trench box to be in place. A 360 degree excavator was being used at the edge of the trench wall; which had weakened it.

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