Welcome to the June 2006 edition of the Mesh Consultants Safety Matters email newsletter.
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In this issue:
HSE warns employers on the risks inherent in the use of power presses
Eight out of ten substantial employers have no specific mental health policy
Fire safety guidance published covering compliance with new fire safety law in offices and shops
Manufacturing SME`s found to be ignorant to Environmental rules
Survey identifies that thousands of Asbestos surveys are poorly planned, executed or understood
Failed lifting operation results in death and £350k fines
Untrained worker injured using a pallet truck
HSE warns employers on the risks inherent in the use of power
presses following an incident in which a worker was permanently disfigured
The caution was issued by the Health and Safety Executive in the wake
of the prosecution and fine of Crane Hill Engineering Limited whose
failure to comply with safety legislation on work equipment led to an
employee losing three of his fingers.
The company, which had allowed an 80 tonne industrial power press to
be operated without side guards, pleaded guilty to breaches of the Provision
and Use of Work Equipment Regulations 1998 and was fined a total of
£12,000 with £2,300 costs by Northampton Magistrates.
The Northampton HSE inspector commented: "Companies need to realise
that skimping on health and safety is a shortcut to tragedy and financial
cost. A worker has been left with permanent disfigurement for the sake
of a few minutes and a few pounds. Stringent requirements apply to power
presses with good reason. They have the potential to cause significant
injury and that is why there have been Regulations relating to their
use since 1965.
"The financial impact of prosecutions following injuries like this
can be particularly difficult for smaller businesses, which can struggle
to cover costs resulting from lost earnings, sick pay, sick leave cover,
loss of output or compensation claims. In serious cases like this they
also end up having to pay legal fees and court fines."
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The Government has been called on to take action to stop young
people putting their health and safety put at risk
With an average of 10 under-18s losing their lives each year, the Institution
of Occupational Safety and Health (IOSH) is calling on MPs to do something
to protect young people at work.
The IOSH has presented a policy document to MPs which says that young
lives can be saved by teaching health and safety in schools and by carrying
out checks on employers providing work placements.
IOSH reported that 50 under-18s died and 13,000 have been badly injured
in five years in UK workplaces. This is because young people are particularly
vulnerable when they start work for the first time.
Employers are being warned that they must do more to protect young workers,
but the government also needs to wake up to the dangerous situations
young people are being put in. The government are asked to bring about
changes to the way work experience and young workers are managed.
The policy document highlights "significant gaps" in the management
of young people on work experience and how health and safety information
is communicated to young workers.
Do your health and safety policies and risk assessments cover young
persons as a specific group? Could you benefit from expert assistance
to make improvements? Take a look at various
organisations that MESH has worked with to improve its management
of Health & Safety.
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Eight out of ten substantial employers have no specific mental
health policy, according to a survey from mental health charity the
Shaw Trust
The trust said that most employers had set up health and safety systems
to protect workers from physical injuries, but just three per cent of
respondents to a survey claimed that their organisation had policies
that were effective in dealing with stress and mental ill-health.
Tom Cooper, managing director of the Shaw Trust, said: "Mental
health is probably the last workplace taboo. Society has confronted
discrimination on the basis of age, gender, race, sexual orientation
and religion, but there is a worrying lack of understanding about mental
health and it is not often openly discussed."
Mental health charities estimate that a quarter of workers will suffer
some problem in any year, but the survey revealed that employers appeared
ignorant of this fact. The managers that responded failed to recognise
this and thought that no more than five per cent of their employees
would suffer any mental health issues during their working lives.
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HSE publishes case studies showing the benefits that effective
leadership can bring to health and safety as well as to overall business
success
Research was carried out after the HSE identified the need to produce
case studies with which business leaders could identify with and that
would persuade them to take control of occupational health and safety.
The research produced 34 case studies highlighting boards of directors
who provide leadership in occupational health and safety and the benefits
gained by their organisations.
The case studies have been designed to describe each organisation's
board-level arrangements for occupational health and safety and to highlight
the benefits the board-room leadership has brought to the management
of occupational health and safety.
The case studies are to be used with other HSE guidance aimed at promoting
greater corporate responsibility and accountability for health and safety.
Copies of the report, 'RR 450 - Case Studies That Identify And Exemplify
Boards Of Directors Who Provide Leadership And Direction On Occupational
Health And Safety', are available from: www.hse.gov.uk/research/rrpdf/rr450.pdf.
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Lawyers claim a recent Court of Appeal ruling has quashed a move
to take away "any real defence" for employers against health
and safety prosecutions
DWF Solicitors, representing Hatton Traffic Management (HTM) Ltd which
was being prosecuted over the death of two employees, said the landmark
ruling has "immense implications" for all employers, health
and safety professionals and risk management sector.
The Health and Safety Executive had argued that HTM Ltd should have
foreseen what was going to happen and that it was irrelevant that the
negligent actions of the employees led to some of their equipment coming
into contact with an overhead electricity cable which killed them. The
court ruled against the HSE.
The HSE was arguing that it is irrelevant that my client could not have
foreseen what was going to happen, and that the accident was caused
by the employees acting outside their remit, ignoring their training
and acting contrary to warning signs on the work equipment.
Steffan Groch, a partner at DWF said that he believed Court of Appeal
has come to the right conclusion in its analysis of the law.
He identifies that "employers should carry out risk assessments,
and try to look at how accidents could take place. When every foreseeable
eventuality has been considered, you should have some evidence that
you have thought about the issues, so that if it comes to a prosecution
you can use this in your favour."
Do you need help in convincing senior managers to take health and safety
seriously? Would you be able to prove that you have considered every
foreseeable eventuality? If you need expert advice or support in this
area then please contact
us for a no obligation discussion.
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HSE warns employers to take adequate precautions to prevent falls
from height, following a recent prosecution
The warning follows the successful prosecution of Letchworth Roofing
Company for an accident in which an employee fell eight metres through
a rooflight resulting in a broken jaw and soft tissue injuries.
The company pleaded guilty to breaching s.2(1) of the Health and Safety
at Work Etc. Act 1974 and was fined £50,000 plus £23,000
costs.
Prosecuting inspector, Mike Ford, said: "It is unfortunate that
on this occasion simple and cost effective measures were not put in
place which would have prevented the fall that injured Paul Jarman.
Companies need to realise the necessity of implementing appropriate
safety measures to provide a safe working environment, preventing falls
and avoiding injuries such as these".
The HSE are currently running a Height Aware campaign, where they are
asking people 'to take a moment and not a fall'. The campaign highlights
that falls from height are the most common cause of work-related deaths.
Every year, around 80 people are killed and more than 5,500 seriously
injured as a result of falling from height.
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Fire safety guidance published covering compliance with new fire
safety law in offices and shops
Fire safety law will change on October 1, 2006, under the Regulatory
Reform (Fire Safety) Order 2005 (SI 2005/1541), to make it the responsibility
of premises' owners, employers and occupiers to ensure the safety of
everyone who uses the premises and the immediate vicinity. Fire certificates
will also be abolished and the emphasis will be on fire prevention and
reducing risk.
The new guidance is divided into two parts which explain what fire risk
assessment is and how a person might go about it, and provide further
guidance on fire precautions.
Copies of ''Fire Safety - Risk Assessment: Offices and Shops" are
available from: www.tsoshop.co.uk.
Are you ready for the new fire safety legislation? If not then contact
us, we have a vast
experience in undertaking fire risk assessments and helping
organisations to develop fire safety plans.
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Manufacturing SME`s found to be ignorant to Environmental rules
Research from City & Guilds found that 46% of SMEs in the sector
are not aware of existing environmental law with which they must comply.
One in seven managers were ignorant of the fact that infringments could
result in heavy fines, and 12% are oblivious to potential prosecution.
The companies are putting their businesses at risk because they are
unable to keep up to date with legislation.
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Survey identifies that thousands of Asbestos surveys are poorly
planned, executed or understood
It's two years on since regulation 4 of the Control of Asbestos at Work
Regulations 2002 came into force requiring dutyholders to manage asbestos
in their premises. It is estimated that there are still around 500,000
commercial properties in the UK where asbestos-containing materials
(ACMs) can still be found.
The regulation places duties on anyone who owns, occupies, or otherwise controls non-domestic premises to manage any ACMs therein. An important but not essential part in managing this is the asbestos survey.
Asbestos management generally fails not because the building has not been surveyed but because there are no systems or procedures in place to ensure ongoing control.
Do you have an effective asbestos plan in place? Do you have full confidence in your survey and do you fully understand it? If the answer is no then visit MESH 4 Safety for competent advice on asbestos.
Failed lifting operation results in death and £350k fines
A 29 year old employee was killed on a building site by a falling wooden
shutter, as he was acting as a banksman to a crane lifting operation.
Four large, heavy, wooden shutters were being transferred onto the roof
in a 'blind lift' over the building. As the second shutter was being
lifted it collided with a concrete slab causing it to sever in two and
fall from the ninth floor. One part hit the employee as he attempted
to run away, killing him instantly.
John Doyle Construction was fined £250k and the principle contractor
Exterior International plc was fined £100k for breaches of the
HSWA 1974.
John Doyle said in mitigation that it accepted it had carried out a
generic risk assessment, which should have been specific to the task,
and that it regretted the death. Both companies fully cooperated with
the HSE.
The HSE commented that this avoidable incident is an example of how
things can go badly wrong when lifting
operations are not planned or supervised properly.
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Untrained worker injured using a pallet truck
An agency worker turned up for work at a wholesale paper merchants in
Hull as a general warehouse man. On his third day at work he was asked
to operate a pallet truck to move paper stocks from the warehouse to
the main factory, he did not receive any training or safety shoes.
The truck ran over his foot, fracturing three toes and causing crush
injuries to his right foot. The court heard that a full days training
should have been provided for novice employees and that full time workers
wore safety shoes. The company was fined £6,000.
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