Safety Matters - JANUARY 2008

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In this issue:

The Government is considering a complete smoking ban in private vehicles used for work purposes

Employers to be made more liable for at-work drivers and vehicles

New penalties for using phone while driving

FirstGroup drivers barred from using mobiles

Mental ill health costs employers nearly 26 billion each year, according to research by the Sainsbury Centre for Mental Health

High street retailer fined £150,000 over asbestos breaches

Warehouse worker left paralysed after accident

Firm ordered to pay £1,800 compensation to an employee injured while filling his work van with diesel

The Health and Safety Executive has published an updated version of its guidance for managers on the Workplace (Health, Safety and Welfare) Regulations 1992

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.

The Government is considering a complete smoking ban in private vehicles used for work purposes.

Currently, smoking is banned in private cars if the vehicle is used mainly for work but not if it is mainly private. However the boundary between personal and work use under the anti-smoking legislation is unclear and the Government is considering closing this loophole and implementing a total smoking ban in private vehicles used for work.

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Employers to be made more liable for at-work drivers and vehicles

Companies that fail to make adequate safety checks on vehicles and drivers could find themselves in court as part of a concentrated effort to reduce the 1000 fatal crashes a year involving work vehicles.

The Police are required to investigate road traffic accidents where persons are either killed or seriously injured as being crime scenes. Where the persons involved were driving for work, their companies will be investigated to determine whether basic safety checks have been carried out.

These checks will include ensuring that a valid MOT certificate is available, checking the vehicle is insured for business use, and checking for valid drivers licenses. Companies found to have neglected their responsibilities could be charged under the Corporate Manslaughter and Corporate Homicide Act from April 2008.

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New penalties for using phone while driving

The Government has announced a new crackdown on those caught driving while using a mobile phone.

On December 20, the Crown Prosecution Service (CPS) published its policy for prosecuting cases of bad driving. In cases where the driver was avoidably and dangerously distracted by using a mobile phone whilst driving, a charge of dangerous driving will be the starting point for deciding whether to bring a prosecution. In addition, causing death by dangerous driving carries a maximum sentence of 14 years' imprisonment.

The CPS also intends to take further steps if the guilty driver was on work-related duties at the time of the offence. The CPS will ensure that cases involving bad driving in the workplace are reviewed not only to establish whether the driver should be prosecuted for any offence or offences, but also to determine whether there is evidence to show that an offence or offences have been committed by the driver's employer. For example, the employee was directed to answer or make work-related phone calls, or even that the call concerned came from the employee's employer.

Does your Health and Safety policy clearly identify what is acceptable behaviour of your employees? At MESH we have extensive experience of helping companies to develop robust Health and Safety policies, why not take a look at some of the companies we have worked with.

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FirstGroup drivers barred from using mobiles

One of the UK's largest transport firms is to ban all its staff from using mobile phones while driving in the wake of new research suggesting that the use of hands-free telephone kits can seriously impair driving performance.

All bus and train drivers at Abderdeen-based FirstGroup have been banned from phoning while driving since 2005. Recently, the firm announced that the ban would be extended to cover all FirstGroup employees.

"The research shows that, ten minutes after your conversation on a mobile, you are still not fully concentrating on the road," said a FirstGroup spokesman. "You are still thinking about the conversation."

Mike Flinn of the firm's Abderdeen T&GWU branch said that the union was "100 per cent behind the ban".

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Mental ill health costs employers nearly 26 billion each year, according to research by the Sainsbury Centre for Mental Health

The report, Mental Health at Work: Developing the Business Case, claims that at any one time one worker in six will be experiencing depression, anxiety or problems relating to stress. The total cost to organisations is almost £26 billion - equivalent to £1,000 per employee in the workforce - made up of £8.4 billion in sickness absence, £2.4 billion to replace staff and £15.1 billion in reduced productivity.

Clearly, the costs of ignoring mental health at work are astronomical; yet most employers vastly under-estimate how many of their staff will have mental health problems.

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High street retailer fined £150,000 over asbestos breaches

The retailer Blacks were fined the £150,000 and ordered to pay costs of £15,000 after asbestos fibres were found in one of its 104 stores. The retailer pleaded guilty of not ensuring the safety of its employees and members of the public.

The court heard that asbestos fibres had been found in a basement stock room in the company's Kensington high street store in May 2005. Although the company had commissioned an asbestos report, it had subsequently failed to implement the recommendations.

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Warehouse worker left paralysed after accident

The worker suffered spinal injuries and is now dependant on a wheelchair after a pallet fell on him during stock picking. The court heard that the employee was injured when a stacked pallet of insulation materials fell on him from an upper layer of the company's’ warehouse in 2006.

An investigation found that the accident was caused by the poor systems of stacking and picking that were in operation at the company. The risk assessments carried out were inadequate and the individuals with health and safety responsibilities were not sufficiently trained and were therefore not competent.

The company had also failed to heed earlier warnings on the inadequacy of its health and safety arrangements. The company were fined £40,000 and ordered to pay costs of £10,480.

Are your Health and Safety arrangements based upon competent advice? Do you require training to develop suitable competence in-house or do you just require some expert assistance? At MESH we can provide both options; please take a look at the range of services we provide or contact us for a no obligation discussion.

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Firm ordered to pay £1,800 compensation to an employee injured while filling his work van with diesel

An employee of Dawson Holdings Plc was refueling the van at his employer's premises using a hand-held nozzle when some of the diesel splashed back onto his hands. He, as a result, suffered from irritant contact dermatitis.

The fuel pump did not have a protective guard and the employee was not provided with gloves to protect his hands.

This case highlights the need for employers to provide their workers with protective clothing. Although the risks involved in this task were assessed, protective gloves were not made readily available to employees, nor were employees aware that they were necessary or available.

Since the accident, the employer has made gloves available and has erected signs at the fuel pump to advise all employees to use the gloves.

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The Health and Safety Executive has published an updated version of its guidance for managers on the Workplace (Health, Safety and Welfare) Regulations 1992

The new version of leaflet INDG244 provides an overview of the requirements under the regulations, including:

• Ventilation;
• Temperatures in indoor environments;
• Work in hot or cold environments;
• Lighting;
• Cleanliness and waste materials;
• Room dimensions and space.

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