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Welcome to the November 2010 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 …
TUC surveys identifies that stress tops list of work problems
Will the announced cuts in the HSE budget reverse the decline in workplace fatalities?
Lord Young report recommends changes to refocus health and safety
Occupational Safety Consultants Register (OSCR) to help tackle excessive advice
Survey identifies that employees are unwilling to tell their employer about health concerns
Electric shock scars worker for life and costs firm £20k fine
Worker snaps wrist after glove tangled in drill
Company fined after ignoring Improvement Notice to address noise exposure risks to employees
Merseyside head fined after pupil suffers permanent injuries
Printing firm fined after two employees injure hands in presses
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.
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TUC surveys identifies that stress tops list of work problems |
Staff find that stress is their most common health and safety issue in the workplace, with those in the public sector being the worst affected, according to a new study.
The TUC conducted a survey of almost 2,000 union safety reps, that shows stress is a more common problem in larger workplaces. The study also found that the issue is more prevalent in the capital than elsewhere, with seven out of ten union officials in London saying stress is a hazard at work.
Bullying and harassment in the workplace has also increased massively in the past two years, the survey discovered.
Brendan Barber, the general secretary of the TUC, said: “Stress can be caused by heavy workloads, cuts in staffing, long hours, and bullying. Unions and employers must work together to combat stress at work as it can have a devastating impact on workers and a damaging cost on businesses.”
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Will the announced cuts in the HSE budget reverse the decline in workplace fatalities? |
Health and Safety campaigners have welcomed the fall in the number of workplace fatalities to the lowest point since records began, evidenced by the latest statistics from the HSE. However, they have expressed concern at the resourcing of the HSE and the worsening of occupational health figures.
Responding to the new HSE figures which reveal that 152 people were killed at work between April 2009 and March 2010, the Institution of Occupational Safety and Health (IOSH) said it was concerned that the 35% budget cuts the HSE faced following the Government spending review could reverse the decline in work-related deaths and injuries.
Similarly, TUC General Secretary Brendan Barber has commented that the HSE budget cuts are likely to make the situation worse with less guidance, less inspections and less enforcement across the board. The likely outcome will be higher illness rates, more days lost through sickness absence and — most importantly — more workers killed, injured or made ill as a result of their work.
Coincidently, analysis by construction union UCATT has discovered that six construction workers were killed in the week that the Government announced it was slashing funding to the HSE by 35%.
On the issue of occupational health, Mr Barber said: “It is of grave concern that the rate of work-related ill health has increased in the last year. While part of that may be due to the increased pressures associated with the recession, unions will be concerned that too little is being done to enforce health and safety regulations in this area. The further fall in prosecutions over the past year reinforces this.”
The HSE have also highlighted concerns about the occupational health figures, noting that the statistics identify there are still significant gains which are yet to be made in reducing the harm caused to people’s health by work.. |
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Lord Young report recommends changes to refocus health and safety |
The report entitled Common sense, common safety contains 36 recommendations relating to the compensation culture, rogue health and safety consultants and the red tape burden. The intention is to free businesses from unnecessary bureaucratic burden and the fear of having to pay out unjustified damages claims and legal fees.
Commenting on the report, IOSH has said this is a real turning point for the health and safety regime and profession. However not all stakeholders are in agreement – with the TUC expressing grave disappointment with the report, citing that the report accepts myths and preconceptions rather than looking for ways of preventing people being killed or injured.
Some key recommendations in the report are:
- To implement an accredited register of safety consultants which is due to be in place by the end of January 2011;
- To look at whether the approach to RIDDOR needs changing, with the possible option of a move from reporting over 3 days lost time to 7 days;
- Reducing the risk assessment burden on “low hazard” workplaces such as offices and shops;
- To tackle the compensation culture concerns Lord Young suggests restricting the operation of referral agencies and personal injury lawyers, controlling the volume and type of advertising they can engage in, and introducing a simplified claims procedure.
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Occupational Safety Consultants Register (OSCR) to help tackle excessive advice |
The consultants register as advocated by Lord Young’s report will initially be administered by the HSE and will be in place by the end of January 2011. The register will only include consultants who have met the highest qualification standard of recognised professional bodies and who are bound by a professional code of conduct to only apply sensible and proportionate advice.
The HSE will set up a website so that employers can find advisors with experience relevant to their sector. The HSE has commented that the register will make it easier to find consultants who meet the highest standards and are able to provide sensible advice to the employers.
Membership is voluntary and to be eligible to join consultants must typically be chartered members and have committed to continuous professional development.
Do you have need for a consultancy that already focuses on providing sensible and proportionate advice? At MESH we have have always approached health and safety in this way and this can be seen by the feedback from many satisfied clients on our website. |
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Survey identifies that employees are unwilling to tell their employer about health concerns |
The survey carried out by Aviva UK Health showed that the majority of workers would rather not tell their boss about health concerns or personal issues.
The survey found that only 45 would approach their boss about a health concern and a further 5% said they might confide in a colleague. Nearly a quarter said they would rather suffer in silence to maintain their privacy and 21% were concerned about how raising concerns may impact on their work prospects.
The findings identified a breakdown in communication between employers and their staff, meaning that health risks such as workplace stress are not being effectively managed. This lack of employee engagement will not help the employers to provide early support, which is often critical in providing effective support mechanisms to get employees back to work. |
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Electric shock scars worker for life and costs firm £20k fine |
A Kent-based construction and engineering company has been fined after an employee suffered severe burns when his jackhammer touched unexposed underground electricity cables. The man 28, from Ashford suffered 62% burns to his upper body, face, neck and arms when he inadvertently struck the 11,000-volt cable while working at a construction site in Tovil, Maidstone.
He was hospitalised for six weeks after the incident, and as a result of his injuries cannot expose himself to direct sunlight, due to skin grafts. His house has been adapted so he can sleep downstairs and he is unlikely to work again.
An investigation by the HSE found his employer, Dwyer Engineering Services Ltd, was in breach of a number of safety regulations. Maidstone Magistrates’ Court heard the firm did not have a capable supervisor on site, which contributed to poor practices being commonplace. There was also no suitable system in place for the identification of underground cables. Additionally, the man had not been trained to dig within 500mm of the live cables, a factor which led to the electrocution.
Dwyer Engineering Services Ltd, of Ashford, Kent, pleaded guilty to breaching 25(1) of the Construction (Design and Management) Regulations 2007. The company was subsequently fined £20,000 and ordered to pay costs of £14,532. |
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Worker snaps wrist after glove tangled in drill |
A Cardiff manufacturing firm has been fined after a worker broke his wrist when his glove became entangled in an unguarded drill.
The HSE prosecuted Elmatic (Cardiff) Ltd following the incident at its factory in Rumney. Cardiff Magistrates’ Court heard that a 21-year-old employee had been asked to drill holes in metal boxes despite not usually working with the drill and having no formal training on how to use it.
The pillar drill he was using did not have an appropriate guard fitted and when positioning one of the components for drilling his glove became tangled. He fractured his wrist in two places and needed to have plates inserted.
The HSE had previously taken formal action against the company, in 2002 and 2009, to ensure that drills were adequately guarded.
The company pleaded guilty to a charge under Regulation 11 of the Provision and Use of Work Equipment Regulations 1998. They were fined £8,000 and ordered to pay £6,691.45 costs.
The HSE commented that they had warned this company before about not providing suitable guards on drills of this type, and while they did initially heed these warnings, the safety standards were not maintained. The company had been issued with prohibition notices in both 2002 and 2009 for failures relating to guarding on a pillar drill and deficiencies in operator training. |
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Company fined after ignoring Improvement Notice to address noise exposure risks to employees |
A manufacturing firm has been fined for putting the hearing of its employees at risk. Equestrian Surfaces Ltd, based in Burnley, was prosecuted by the HSE for ignoring an Improvement Notice over excessive noise levels.
The company failed to comply with an Improvement Notice requiring a reduction in their daily noise exposure levels despite being given two extensions to the formal warning.
Staff at its factory on Phoenix Way worked for several hours a day near a granulator machine, which uses metal blades to shred material into tiny pieces. The machine can reach volumes of up to 98 decibels – as loud as a chainsaw.
Burnley Magistrates’ Court heard that the company, which makes flooring surfaces for horse riding centres, failed to implement any practical measures to reduce workers’ exposure to noise and protect their hearing, even after receiving the Improvement Notice and being given advice from a specialist HSE inspector.
A later HSE visit with an independent scientist showed that, although some changes had been made, the employees’ daily noise exposure remained high and the changes fell short of what could and should have been achieved.
Equestrian Surfaces Ltd pleaded guilty for failing to comply with an Improvement Notice. The manufacturer was fined £16,000 and ordered to pay £11,000 towards the cost of the prosecution.
Are your employees at risk from workplace noise and are you risking prosecution? At MESH we have highly qualified and experienced consultants that can assist you to identify what the risks are and in many situations identify where improvements can be achieved. |
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Merseyside head fined after pupil suffers permanent injuries |
A Merseyside headteacher has been fined £20,000 after one of his students suffered permanent injuries when he fell through the school roof. The HSE prosecuted John Summerfield, 63, after he led a group of teenagers onto a roof at Sacred Heart Catholic College on Liverpool Road in Crosby.
One of the 18-year-old students, who has asked not to be named, fractured his skull, broke his ribs, perforated an eardrum and suffered permanent damage to his right eye when he fell 2.5 metres through a roof light.
Mr Summerfield, now retired, was found guilty of breaching Section 7(a) of the Health and Safety at Work etc Act 1974 by failing to protect the safety of his students when he decided to allow them onto the roof. He was ordered to pay £22,708 towards the cost of the prosecution, in addition to the fine.
The lead HSE inspector on the case commented that John Summerfield had wanted to show his students a part of the school they had never seen but it left one of them suffering a permanent injury to his eye. The roof was kept out of bounds for a reason. As the headteacher, Mr Summerfield should have thought about the possible consequences before deciding to take them through two locked doors onto the roof. Sadly, a pupil suffered serious injuries because of the poor judgement of his headteacher, and is unlikely to ever fully recover.
Falls from height are the biggest single cause of workplace deaths in the UK. More information is available at www.hse.gov.uk/falls. |
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Printing firm fined after two employees injure hands in presses |
An Essex company has been fined after two employees had their hands crushed by printing presses within months of each other. Basildon Magistrates’ Court heard how the workers at the printers and binders, Wyndeham Heron Ltd in Maldon, Essex, had been working with machines, when their hands became trapped.
In the first incident a worker fractured his thumb when he tried to clear a paper jam in the stacker unit of a press at the company’s site. Later the same year, another worker was working on another press when a problem was experienced with the drive belts of a conveyer. The moving parts were unguarded and it had become common practice for employees to use objects, or their hands, to deal with conveyer belt problems. While attempting to remedy the problem, the man’s hand became caught in the belts and was forced against a roller crushing his fingers.
The investigation and prosecution by the HSE found a lack of training, supervision and appropriate equipment, and that there had been no assessment on how to carry out the work safely in either case.
Wyndeham Heron, of, Maldon appeared at Chelmsford Magistrates’ Court and admitted two charges of breaching Section 2(1) Health and Safety at Work etc. Act 1974. The company was fined £15,000 with £2,490 costs for the charge relating to the second injury and a further £10,000 with £3,171 costs in relation to the first injury.
The HSE inspector on the case commented that these types of incidents are entirely preventable. Printing presses are a potentially very dangerous piece of equipment, which require adequate guards and safe working procedures for dealing with every kind of operational occurrence. It is not good enough to rely on ad hoc practices to clear paper jams and to deal with other mechanical failures.
Employers must ensure that appropriate training, supervision and equipment are provided. A suitable and sufficient risk assessment must also be carried out. Advice and guidance is available and easily accessible – to help duty holders comply with the law and keep people safe.
The HSE has made it clear that where appropriate they will not hesitate to take action against employers failing to comply with the law.
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