| Welcome to the July 2007 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:
Employers have been warned to be on guard for additional fire hazards that could stem from the new smoking regulations
Lords amendment threatens Corporate Manslaughter Bill
Research shows that many employers openly admit their ignorance about how to improve the health and wellbeing of their workforce
HSE highlights back-pain problems
HSE issues leaflet explaining employers' responsibilities with regard to the health, safety and welfare of migrant workers
Teacher banned for safety breaches
The European Court of Justice rejects a legal challenge to the way in which the UK implements European safety law
The HSE issues warning over expanding foam
Worker loses arm before company takes action
Bin crushes untrained fork lift driver, causing paralysis
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.
Employers have been warned to be on guard for additional fire hazards that could stem from the new smoking regulations
According to Norwich Union, the smoking ban, which entered into force on July 1, could lead to smokers disposing of cigarettes in places that are not suitable, or using shelters that could go up in flames.
Norwich Union's property risk manager, identifies: "Being smoke-free is obviously good news for people's health and well-being, but a total ban on smoking inside a building can bring a new risk of fire caused by smokers gathering outside, or can even lead to surreptitious smoking taking place inside buildings, and this needs to be properly managed on an ongoing basis".
Clearly, where smokers are relocated to areas outside premises, the risk of fire goes with them, caused by cigarettes being discarded either in bins, or on the floor where there may be combustible materials. This needs to be managed as part of the businesses fire risk assessment process.
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Lords amendment threatens Corporate Manslaughter Bill
A proposed amendment aimed at challenging the exemption of prison authorities from the provisions of the Corporate Manslaughter Bill has reignited controversy over the issue of Crown immunity under the long-awaited legislation.
The amendment tabled by former chief inspector of prisons, Lord Ramsbotham, would reverse the Government's decision to exempt prisons from a provision in the Bill that would scrap immunity for other Crown bodies.
The Government has said that it would prefer to monitor the progress of the legislation before extending the Bill to cover deaths in prison.
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Research shows that many employers openly admit their ignorance about how to improve the health and wellbeing of their workforce
The research commissioned by Investors in People found that many UK employers are failing to recognise the needs of employees when it comes to creating a healthy workplace, with almost a third (31 per cent) equating 'healthy working' to eating healthily at work.
A quarter of the 879 employees questioned by Investors in People said that their organisation did not take action because it simply didn't understand how best to help, while a further 17 per cent said that it would be "too expensive".
Worryingly, around 30% of employees said that their employers thought that healthy working was either; a wasted investment, a waste of time or nothing to do with them, or that it didn't mean anything.
Despite recognition of the benefits that a healthy workplace can deliver, some employers simply don't seem to understand that it is about more than just gym membership and fresh fruit. The IIP research shows that employees actually want better support and development structures to create a healthier environment - and managers should take heed.
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HSE highlights back-pain problems
One in six working days in the UK is lost due to work-related back disorders, according to the European Commission.
To combat the worrying figures, the EU has launched a Lighten the Load campaign which is intended to reduce the incidence of back pain in the workplace. It aims to highlight the main causes of the problem and boost efforts by employers and governments to do something about it.
The campaign, led by the European Agency for Safety and Health at Work, involves closer inspection of work practices and awards for companies doing the most to combat musculoskeletal disorders.
The HSE support the campaign as there was an estimated 4.9 million working days lost last year due to back-related ill-health in the UK. This has a significant impact on both the individuals concerned and their employer's business; so finding workplace solutions to back pain will offer benefits to both employees and employers.
Are bad backs a problem in your workplace? Have you carried out the necessary risk assessments or provided staff with training in manual handling as required by law? Why not look at the organisations that MESH has helped to improve manual handling.
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HSE issues leaflet explaining employers' responsibilities with regard to the health, safety and welfare of migrant workers.
The leaflet explains that employers should:
- Supply necessary information, instruction and training to ensure that workers can work safely and make sure workers understand that information;
- Ensure workers understand any safety instructions and signs;
- Supply free protective equipment and clothing if needed, which should be warm and/or waterproof for those working outside;
- Keep records of injuries, ill-health or dangerous incidents and report them where necessary to the HSE.
The HSE is concerned about the health and safety of casual, temporary and migrant workers. They fear that unscrupulous employers might ignore health and safety because most migrant workers are unaware of the law, fear losing their jobs or simply because of the barrier of language.
The leaflet in the form of a pocket card seeks to provide migrant workers with information about their rights and responsibilities in a form and language they can understand. The leaflet will be distributed at ports of entry to the UK, through employer organisations, trades unions and even at job fairs in source countries.
Copies of the leaflet can be downloaded at: www.hse.gov.uk
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Teacher banned for safety breaches
A Leicestershire teacher has been banned from teaching for two years after he was found guilty of health and safety breaches.
The teacher who taught design and technology was criticised for failing to make sure that pupils wore safety glasses when operating drilling equipment. He also left his classroom unlocked, giving access to machinery.
A General Teaching Council (GTC) tribunal commented that Mr Heap's actions "could have been catastrophic" and ruled that he was guilty of unacceptable professional conduct.
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The European Court of Justice rejects a legal challenge to the way in which the UK implements European safety law
The case centred on the requirement in a 1989 European Directive that employers ensure the health and safety of their employees. In transposing the Directive into domestic law, the UK restricted this duty to protecting workers' safety "to the extent to which it is reasonably practicable"; the Commission contended that this did not reflect the intention of the Directive.
In its ruling this week, the ECJ concluded that the Commission's argument - that employers should be subject to non-fault liability with regard to health and safety - was supported neither by the wording of the Directive nor the legislative history.
The decision was welcomed by the UK's Trades Union Executive (TUC).
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The HSE issues warning over expanding foam
A fatality recently occurred on a Major Contractor’s site, when an operative was using a 500ml aerosol can of Evo-Stik expanding foam in a new house. It was one of a batch of 3 boxes of 12, each purchased for the task and had just been delivered to site.
The operative picked up one of the cans and gave it a shake as recommended on the can.
A pressure explosion occurred when the can burst/exploded at the top seam. The top flew off and hit both the ceiling and a wall leaving surface marks. The bottom section of the can flew out of the operatives’ hand and hit him on the chest over the heart. The impact was so severe that the bottom section crumpled and wrinkled to some six inches. Although the severity of the impact neither penetrated his outer clothing or skin, it ruptured his heart causing bleeding to the inside of the heart sack, resulting in his death within several minutes.
He was a fit man in his late 20's. The HSE are involved and have taken all evidence away for examination.
At the time they said they had not heard of any similar instances. However it has since come to light that these cans have burst previously; although the reasons for this are neither known nor documented. Cans bursting whilst sitting on a shelf in storage have been reported. If stored in direct sunlight or near sources of heat, the material inside the can could expand, resulting in a catastrophic failing of the container. The Evo-Stik Data sheet offers no warning against bursting.
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Worker loses arm before company takes action
The accident led to a Kent company being fined £125,000 after the employees arm had to be amputated below the elbow. The woman had at the time been cleaning a machine when she was dragged into the machine.
As the cleaning process took place whilst the machine was running at temperatures above 100 degrees C heat protective gloves were worn by the workers. During the final cleaning process the employees were expected to run their hands over the rotating screw; this was when the workers gloves caught on one of the notches and dragged her left hand into the machine.
The court heard that she had only been working at the firm for 6 weeks and that nobody else was around the machine at the time of the accident. The machine was not fitted with an emergency stop and the power isolation was not in close proximity.
The company were charged with not providing a safe system of working and for not carrying out suitable and sufficient risk assessment. It pleaded guilty to both charges.
Has your company carried out the necessary risk assessments for all your work activities? Is this an area where you need help? MESH has a vast experience in risk and has helped organisations in a wide range of sectors.
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Bin crushes untrained fork lift driver causing paralysis
The employee had been asked to drive a fork lift truck even though he had not been trained. The task he was asked to undertake was to move heavy bins balanced on the forks of the truck.
The employee tried to open the slide at the bottom of the bin in order to empty it, as he yanked at the slide the bin dropped off the forks and fell on top of him; resulting in paralysis from the waist down.
The company was prosecuted for its failure to assess the risks to his health and safety and for not ensuring the employees safety. The company was fined £20,000 and ordered to pay costs of £5,397.
The company had tried to claim that the employee had been assessed as competent to drive the truck by a supervisor; this was rejected as the supervisor had not been trained to train, or examine competence of others.
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