Safety Matters - MAY 2007

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In this issue:

A firm that promoted a long hour’s culture has been found liable for a road accident which left an employee paralysed

Employers will need to adopt a zero-tolerance approach to violence and harassment in the workplace

Millions of British office workers are suffering from chronic poor 'desk health' according to the findings of a new study

The Health and Safety Executive (HSE) has once again warned of the dangers of working at height

Workers in the vehicle paint spraying industry are 96 times more likely than the average employee to develop occupational asthma

Asbestos incident at school leads to big fines

Civil engineer contractor showed a reckless disregard for health and safety

Getting ready to go smokefree

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.

A firm that promoted a long hour’s culture has been found liable for a road accident which left an employee paralysed

The employee was thrown from his van after falling asleep at the wheel and can now sue the Bradford-based company, Atkinson’s Kitchens and Bedrooms, for damages expected to top £1 million.

The final reward will be reduced by a third as Mr Eyres was not wearing a seat belt and knew he was at risk of falling asleep. But the appeal court judge ruled that he was "in that predicament because he employers had put him there". The company director, Craig Atkinson, was also asleep in the van at the time of the accident.

Lord Justice Ward said: "Mr Atkinson's saying 'eating's cheating' and 'you can sleep when you're dead' summed up the company's philosophy."

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Employers will need to adopt a zero-tolerance approach to violence and harassment in the workplace

This comes after a new framework agreement was signed by the European social partners. The agreement, drawn up by ETUC, BUSINESSEUROPE, CEEP and UEAPME, aims to prevent and, where necessary, manage problems of bullying, sexual harassment and physical violence at work.

It condemns all forms of harassment and violence and refers to the employer's duty to protect workers against these situations. Under the agreement, companies will need to set out procedures to follow when cases of harassment or violence arise. They will also be obliged to take 'appropriate measures' against the perpetrator, including disciplinary action up to dismissal, while the victim should receive support with reintegration, if needed.

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Millions of British office workers are suffering from chronic poor 'desk health' according to the findings of a new study

Over 1,500 employees took part in an independent research project commissioned by a leading provider of visual display products. The results are said to show a clear link between poor ergonomics knowledge and an increase in symptoms such as headaches, eye fatigue and backache.

The findings included the following:

• 77 per cent of workers suffer eye fatigue, 71 per cent suffer backaches and 67 per cent suffer headaches;
  
• 79 per cent of 16-24 year-olds complain of eye fatigue while 80 per cent have backaches;
  
• High workloads prevent 31 per cent of workers taking 'ergo-breaks';
• 47 per cent of employees haven't been 'ergo-advised';
• Over two thirds of employees would consider suing their employer over health issues.

The survey also revealed that 46 per cent of office workers spend six or more hours a day in front of their computer screens, and 51 per cent of these are not scheduling appropriate breaks as recommended by ergonomic guidelines. The incidence of physical symptoms increased significantly in line with a lack of ergo-awareness.

Fifty five per cent of 16 to 24 year olds report that excessive workloads or peer/management pressure prevents them from scheduling more frequent breaks and almost half of respondents said they had been offered no advice about ergonomics best practice in the past 12 months.

Although three quarters of office workers said ergonomics issues are important, only 20 per cent have ever complained to their manager.

This research shows that not only do we have a workforce plagued by chronic ill-health, but that we lack the will to change at both an individual and corporate level. Employers could eliminate these issues instantly for many staff by promoting better desktop ergonomics. It seems, sadly, that the issue is not on the board's agenda, despite the potential for huge productivity gains.

Clearly employers are ignoring their duty of care responsibilities and may be opening themselves to serious legal liabilities in the future.

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The Health and Safety Executive (HSE) has once again warned of the dangers of working at height

This follows the prosecution of a brewery after an employee fell through a skylight. A maintenance worker suffered multiple injuries including broken bones and a severed tongue after falling more than four metres onto the brewery floor.

His employers Bev UK Ltd of Monmouthshire were fined £15,000 and ordered to pay £5,000 costs after pleading guilty to a breach of the Health and Safety at Work Act 1974.

The HSE's investigation revealed that the firm had been aware of the risk of falls on the roof, due to moss growing there, but had failed to take action.

The investigating HSE inspector commented that such a substantial fall would often result in a fatality. The HSE is warning employers to be aware of the dangers and take appropriate action before an incident occurs.

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Workers in the vehicle paint spraying industry are 96 times more likely than the average employee to develop occupational asthma

This is according to figures published by the Health and Safety Executive (HSE) to mark World Asthma Day on May 1. The principal hazard faced by sprayers is the presence of harmful chemicals in paint mist: almost all lacquers and base-coats used in the sector contain such chemicals.

The HSE has urged workers in the industry to avoid exposure to paint mist, which is often invisible. The employer as part of the COSHH assessment process should identify how long it takes for paint mist to disperse in their workshops and ensure that the information is prominently displayed so that workers are able to deploy protective measures until the risk is completely past.

"It is known that levels of occupational asthma are particularly high in this industry but they don't have to be", comments the head of the HSE's disease reduction programme. The HSE identify that the problem is that air-fed masks are removed too soon, so they want vehicle paint sprayers to wear their protective masks until the paint mist has cleared.

The HSE advice about clearance times is simple. Know it. Show it - and then do it.

Have you processes that involve the use of chemicals and have you undertaken suitable and sufficient COSHH assessments? At MESH we have a vast experience of undertaking COSHH assessments for businesses, including operations that create hazardous airbourne chemicals. Why not contact us for a no obligation discussion on how we can help your business?

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Asbestos incident at school leads to big fines

An electrical contractor, a sub-contracted asbestos removal firm and its managing director have been fined £100,000 and ordered to pay £45,000 in costs. This was following an incident when asbestos was released into the air at a school in Kettering, forcing it to close for two terms.

The school electrical systems were being updated during the summer holidays and the work required the removal of some asbestos ceiling tiles, a notifiable project that was not notified to the HSE.

The HSE found that the work was not carried out under controlled conditions and that tiles were just broken and thrown all over the place. The HSE were alerted by the school administrator on her return from the holidays and an independent analyst confirmed that asbestos had been released into the air during the removal process.

The school was subsequently closed for two terms whilst the clean up process was undertaken and its 1000 pupils had to be relocated to temporary classrooms and sites around Kettering. This caused a lot of stress problems within the school, and cost £6.5 million to put right.

A civil case has been launched to recover these costs.

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Civil engineer contractor showed a reckless disregard for health and safety

The company was fined £150,000 and ordered to pay £12,000 after the court heard of the catalogue of unsafe practices found at the site in Nottingham.

The HSE had followed up a number of complaints from members of the public and found: dangerous working at height, a lack of vehicle and pedestrian segregation, unsafe excavations, failure to wear correct protective equipment, unsafe movement of loads and a lack of fire safety.

The company pleaded guilty to charges under the HSWA 1974.

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Getting ready to go smokefree

Last year, Parliament passed the Health Act 2006 which determined that virtually all enclosed public places and workplaces in England should become smokefree. This legislation will be enforced in England from 6am on 1st July 2007 and is one of the most important advances in public health protection in decades.

The main purpose of the legislation is to protect employees and the public from the effects of secondhand smoke. Secondhand smoke can cause a range of serious medical conditions including heart disease, lung cancer, sudden infant death syndrome and asthma attacks. There is no risk-free level of exposure to secondhand smoke.

The introduction of smokefree environments will reduce the risks to health from exposure to secondhand smoke and recognise a person's right to be protected from harm and enjoy smokefree air. It will also help people who are trying to give up smoking.

The five sets of smokefree regulations, which cover premises and enforcement, signage, exemptions, vehicles and penalties, can be viewed by visiting www.smokefreeengland.co.uk/thefacts.

In England, the new legislation will cover virtually all enclosed and substantially enclosed public places and workplaces - including shops, offices, factories, pubs, restaurants, public transport, and work vehicles that are used by more than one person. Indoor workplace smoking rooms will not be allowed so anyone wishing to smoke will have to go outside instead.

From 1st July 2007 all smokefree premises and vehicles will also be required to display no-smoking signs. Specific details on signage and specifications for where signs will need to be displayed will be included in the guidance.

What useful steps can employers take now?

Brief employees on the forthcoming law so that staff have advance warning and are aware that they will not be allowed to smoke indoors from 1 July;

Train staff on managing customers and visitors who smoke in smokefree places; and

Develop a no-smoking policy in consultation with staff.

Effective smokefree policies:

• Acknowledge the right of employees to work in a smokefree environment;
• Are concise and simple to understand;
• Identify the members of management and staff who have responsibility for the implementation of the policy;
• Identify the outside areas where people can smoke;
• Provide information on how to obtain help to stop smoking;
• Include a consultation with members of staff; and
• Are communicated to all members of staff (including new employees before they start work).

You will need to decide how to deal with people who fail to comply with your smokefree policy and how the policy fits within your existing health, safety and disciplinary procedures.

An example policy is available from www.smokefreeengland.co.uk/resources.

Employers should also offer support to staff to help them quit smoking. The NHS provides local Stop Smoking Services which may be able to offer support to staff on-site or at regular local sessions. For details of your local service see the NHS website www.gosmokefree.co.uk or call 0800 169 0169.


What are the penalties for breaking the regulations?

The proposed penalty levels are:

• An employer/business that fails to prevent smoking in a smokefree place faces a fine from the courts of up to £2,500.
• An employer/business that fails to display a no-smoking sign faces either a £200 penalty notice from enforcement officers (£150 if paid in 15 days) or a fine from the courts of up to £1,000.
• An individual caught smoking in a smokefree place faces either a £50 penalty notice from enforcement officers (£30 if paid in 15 days) or a fine from the courts of up to £200.

Do businesses have to provide smoking shelters?

There is no requirement to provide smoking shelters. It is common for health-focused employers not to spend money creating places for smokers to congregate. If you do have an outside smoking shelter or area, you will need to be sure that it is not 'enclosed' or 'substantially enclosed' under the definitions that will be set out in smokefree regulations.


Will smoking be banned outdoors?

Smokefree legislation covers enclosed and substantially enclosed public places and workplaces.

The Health Act 2006 also includes powers to make non-enclosed places smokefree if there is 'significant risk that, without designation, persons present there would be exposed to significant quantities of smoke'. At present, the government does not intend to make any non-enclosed place smokefree.

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