|
|
Welcome to the June 2011 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 …
Health & Safety should not be just another tick in the box
Research shows sick days are costing business billions
HSE to withdraw Infoline service
Charges against consultant after Newquay fire case are dropped
No plans to introduce mandatory accreditation of fire risk assessors
Food manufacturer fined after cleaner’s fingers severed at Telford factory
Fatal electrocution on farm leads to large fine
RWE npower and contractor AMEC Group Ltd must pay a total of £510,000 after fatal fall
Company fined for persistent failure to comply
Italian CEO and 5 executives receive long prison sentences
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.
|
|
Health & Safety should not be just another tick in the box |
At MESH we have always had the ethos that health and safety should be just one of a number of key business drivers that any business should work towards improving. It does not have to be the number one focus at the expense of all others but it must be given sufficient focus and taken seriously.
Experience has shown us that where businesses are prepared to consider there is room to improve, and that health & safety is not just a burden, then many benefits can be achieved. However, to make this happen then the business needs to understand where and how these improvements can be made; this is where competent advice comes in.
We are concerned that part of the bad press health & safety receives is down to the poor understanding of what the mass of regulations are trying to achieve; which is ultimately to keep people and businesses safe and healthy.
The ‘must get the tick in the box’ brigade do not help as they often lack the basic business understanding to make health & safety work for the business, not against it. We feel our role as consultants is to advise our clients on how an approach can be adapted to achieve both compliance and a positive business outcome.
We have a recent example of how this works effectively for a company planning to install a new process on one of their sites and we received great comments back from the client:
‘Investigating a business opportunity it was apparent that internal knowledge was not sufficient to deliver a fully considered project. MESH consulting rapidly provided the specialist assistance we required delivering unique tailored guidance specific to our plant and proposal – a very refreshing change from those others who arrive armed with a simple tick list. – John Mitchell, Group QHSE Manager, 2K Polymer Systems.’
If this is an approach that could help your business then why not contact us to see how we could assist you.
|
Back to top |
|
|
|
Research shows sick days are costing business billions |
Results of the annual Absence and Work place Health survey published in May revealed a staggering 190 million days were lost to absence last year and of these it is considered that 30 million are `bogus`.
The overall rate of sick days taken per employee is at its lowest in the 23 year history that the survey has been run. However the survey did identify that although many organisations have been successful in bringing down levels of absence, the gap between best and worst has widened. Overall it is calculated that sickness cost business £17 billion in the last year.
The timing of this coincides with a campaign from IOSH aimed at offering resources to help businesses save cash, keep their workforce safe and healthy, and stay on the right side of the law. IOSH has provided a number of case studies where businesses have saved millions and it believes that there are billions more to be saved by businesses across the UK.
We certainly feel that many businesses, through a change of focus, could easily improve the working environment for their workforce. A clear example of this is how many businesses approach the task of undertaking DSE workstation assessments and training; many it appears just want the tick in the box and therefore look at lowest price to achieve this. The problem is that surveys have found that high proportions of DSE workers report aches, pains or eye discomfort. Many of these conditions do not indicate any serious ill health, but it makes sense to avoid them as far as possible and to prevent the conditions becoming serious long-term health issues.
If a business does not consider the long-term health implications and go for the tick in the box then later down the line it is likely to experience time lost and maybe compensation claims. Add to this the fact that many ‘tick in the box’ approaches often identify expensive equipment changes that may not be the real answer to the issue.
It seems obvious to us that creating a safe and healthy workplace must have a positive impact on both worker morale and help to reduce sickness absence.
|
Back to top |
|
|
|
HSE to withdraw Infoline service |
The announcement was made a day after the consultation on amending RIDDOR was closed.
From September the HSE will move to online reporting of most RIDDOR reports, in an effort to reduce costs. The HSE has identified that over half of RIDDOR reports are already notified through the HSE website. Reporting of a workplace death or serious injury will still be able to be notified by phone.
The Infoline telephone service will cease on the 30th September; with people and businesses being encouraged to seek information and guidance on the HSE website. The website currently receives 26 million visits per year (100 times more visitors than Infoline).
Concerns have been expressed that this move will provide companies with less assistance to understand how to comply with the maze of regulations in place.
|
Back to top |
|
|
|
Charges against consultant after Newquay fire case are dropped |
The consultant, Martin Tricker of Hawthorne Safety Consultancy Ltd, had originally been charged with failing to make a suitable and sufficient fire risk assessment at a Newquay hotel where three people lost their lives.
However, the company that owned the hotel was fined £142,000 in fines and costs for the incident in 2007. The company admitted two breaches under the Regulatory Reform order (Fire Safety) 2005, relating to failure to provide proper fire detection and alarm systems, and failing to make a proper risk assessment.
The fire that destroyed the 54 bedroom hotel was described by fire fighters as the worst hotel fire in Britain for 40 years.
The consultancy informed the court that it was not engaged to provide fire risk assessment services prior to the fire.
In fact the assessment in place at the time of the fire had been carried out by one of the members of staff; who most likely was not trained in fire safety to a suitable level.
A clear message is that businesses should ensure that fire risk assessments are carried out by persons who are competent and that adhering to fire safety legislation and managing fire safety precautions is a very high priority. In many instances companies who suffer a major event such as a fire fail to recover and statistics indicate that 80% go out of business.
In this incident three people lost their lives which could have been avoided if the company had implemented suitable fire safety procedures; something it has since done after the event.
If you would like further advice on getting it right in your business and what fire safety precautions would be important then please do contact us.
|
Back to top |
|
|
|
No plans to introduce mandatory accreditation of fire risk assessors |
The government has reiterated that it has no plans to introduce a mandatory standard for training and accreditation of fire risk assessors, nor of amending the fire safety provisions of the Building Regulations.
While stopping short of any mandatory measures, the Department for Communities and Local Government (DCLG) says it welcomes the fire sector’s lead in developing criteria against which fire risk assessors can be assessed.
The DCLG has said it will continue to support the work of the Fire Risk Assessment Competency Council, and expects the outcome of its work to be one or more registers of competent risk assessors whose certification process has been independently quality assured.
|
Back to top |
|
|
|
Food manufacturer fined after cleaner’s fingers severed at Telford factory |
A food manufacturer has been fined after a cleaner lost two fingers in a potato processing machine at its Telford site.
The 38-year-old man was reaching inside an outlet pipe to remove a piece of raw potato at Swancote Foods’ Horton Wood premises when he touched a rotating screw, which severed the first two fingers on his left hand.
The employee has returned to work at the factory, but to a different job, and suffers restricted movement and reduced grip in his hand, which means that everyday tasks are difficult for him.
A HSE investigation into the incident found the guard on the machine had not been maintained properly.
Swancote Foods pleaded guilty to breaching Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998. The company was fined £10,000 and ordered to pay £5,614 costs.
Commenting the HSE inspector identified this very serious incident was entirely preventable. Companies must ensure that they have robust procedures in place to provide and maintain suitable, effective guarding.
Clearly this case shows that it is not enough just to have a guard in place but companies must also keep the guard in effective working order and train staff in the risks of by-passing any guarding system.
Failure to implement effective controls over this work has left a man with life changing injuries and the company with a significant fine and damaged reputation. We would urge all businesses to look at machinery and equipment in use and ensure a suitable risk assessment has been completed (and check compliance with the PUWER requirements).
If you are unsure then why not take the time to check using either the HSE website or a suitably qualified and experienced health & safety professional?
|
Back to top |
|
|
|
Fatal electrocution on farm leads to large fine |
A Herefordshire-based farming firm has been fined £120,000 after a worker received an electric shock and died. The HSE prosecuted Velcourt Ltd following the incident on farmland in Wiltshire.
Salisbury Crown Court heard how a man from Yorkshire was working as a casual worker, harvesting crops at a farm in Upper Chute. The 21-year-old stopped the machine to clear it, but did not realise that the grain spout was in contact with overhead power lines. As he stepped down from the harvester, he was electrocuted with a fatal shock of 6,300 volts.
Velcourt Ltd was responsible for recruiting the casual farm workers and managing health and safety at the site. An investigation by the HSE found that the company did not sufficiently inspect, monitor, supervise or audit health and safety at the farm.
HSE discovered Velcourt had also failed to ensure the farm manager received adequate health and safety training. As a result, no risk assessments had been carried out at the farm for working in fields with overhead power lines, nor had the farm workers received adequate training on how to work safely.
In addition, no assessment of the risks of operating the combine harvester model being used had been carried out.
The company pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974. It was fined £120,000 and ordered to pay costs of £45,000.
|
Back to top |
|
|
|
RWE npower and contractor AMEC Group Ltd must pay a total of £510,000 after fatal fall |
The energy giant, RWE npower and contractor AMEC Group Ltd must pay a total of £510,000 after a maintenance worker fell to his death at a South Wales power station. The firms were sentenced over the incident that saw an agency worker fall around 12 metres through an unprotected opening in a platform at Aberthaw Power Station in the Vale of Glamorgan.
Cardiff Crown Court heard that work was being carried out to insert equipment into a large deep pit in the water cooling system, to hold back the seawater when the tide rose. Sections of the floor gratings at the top of the pit had been removed to allow the work to proceed.
The man was working with eight other workers who had been called in to carry out urgent modification work on the equipment in order to ensure an effective seal of the pit.
As the natural light faded, electric lights were turned to face those doing the grinding work which left the top of the pit in near darkness. The man fell through the opening in the walkway to the floor below. He died of multiple injuries to his chest and pelvis.
An investigation by the HSE showed that a large opening in the walkway was left unprotected after the floor gratings had been removed, and inadequate precautions had been taken to protect people working near it.
The investigation also identified that there was confusion and misunderstanding between RWE npower and principal contractor AMEC Group Ltd as to who was responsible for controlling the work at the time of his death.
RWE npower Plc, of Swindon, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974. Today at Cardiff Crown Court, they were fined £250,000 and ordered to pay £30,000 costs.
The principal contractors, AMEC Group Ltd, of Knutsford, Cheshire, pleaded guilty to breaching regulation 11(1) of the Management of Health and Safety at Work Regulations 1999. They were fined £200,000 with costs of £30,000.
The HSE Inspector prosecuting the case commented that this tragic case highlights the consequences of failing to do something as simple as adding protection to an opening in a walkway. This awful incident could so easily have been prevented had the correct safety measures been taken.
It is vitally important that all tasks involving such risks are properly planned and that suitable controls are put into place. Clearly where two parties are involved it is critical that a suitable risk assessment is undertaken and that all parties understand who is responsible for controlling the risks.
Do you use contractors in your business and are you confident that safe working is effectively managed? If you need independent advice or a review undertaken why not contact us for a chat.
|
Back to top |
|
|
|
Company fined for persistent failure to comply |
The company, Townfield Manufacturing Co Ltd of Oldham, was convicted for continuing to put workers at risk by failing to comply with HSE enforcement notices.
The HSE inspectors had found safety issues related to the fixed electrics and portable appliances at the company premises, during a visit in 2009. The inspectors also found workers having to work in gloves, scarves and hats to keep warm in the near freezing conditions in the workshop.
The HSE immediately issued a prohibition notice on the electrics and an improvement notice on the failure to provide adequate heating to the workshop. After five days they returned to find the electrics were still unsafe and that only one standalone heater had been provided.
The company refused to cooperate and was taken to court where they were fined £10,000 and ordered to pay costs of £3,979. The judge cited the company’s failures as a deliberate non-compliance to save costs.
|
Back to top |
|
|
Italian CEO and 5 executives receive long prison sentences |
The sentencing of the six executives came after one worker died in the blaze, while six others died later in hospital.
ThyssenKrupps was also fined in relation to the fire, with some reports saying the fine was 1 million Euros and others reporting as much as 9.26 million Euros. The company was also barred from receiving state subsidies for six months.
This is a large company that has expressed its deepest sympathies and regrets that such a tragic accident could have occurred at one of its plants.
Although outside of the UK, this prosecution should still serve as a reminder to all businesses to take the necessary measures to prevent such catastrophes.
|
Back to top |
|
|
|
Thank you for reading this edition of our email newsletter. Please do feel free to pass it onto colleagues, who can also subscribe for free via our web site.
All information supplied to us in order for you to receive our newsletters is protected by our privacy policy.
If you would like to send feedback or ask us anything at all about health and safety, please do contact us. We are always happy to give no-obligation advice.
If you no longer wish to receive this newsletter please just reply to this email with UNSUBSCRIBE in the subject line. |
|
|
|
|
|