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Welcome to the December 2009 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 …
Backlash after David Cameron attacks “over-the-top” safety culture >
IOSH warns employers to be aware of increased levels of stress amongst staff >
HSE and council inspectors join forces to inspect industrial estate >
Company fined £150,000 over major chemical fire >
Fine for Koyo Bearings (Europe) Ltd after staff exposed to hazardous mist >
Survey identifies that 70% of people support health and safety regulation >
Company fined after safety device was overridden >
Major food retaier fined following 4 metre fall >
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.
Backlash after David Cameron attacks “over-the-top” safety culture |
In his speech, Mr Cameron said he wanted to outline a future Conservative government’s approach to the “great knot of rules, regulations, expectations and fears” that he called “the over-the-top health and safety culture”. He acknowledged that health and safety legislation in Britain has “a long, and at times very noble, history”. However, he added that Britain has one of the lowest workplace fatality figures in the EU and close to the lowest for non-fatal accidents.
Unions have reacted angrily to the claims made by Mr Cameron that the UK’s healthy and safety culture has “created a stultifying blanket of bureaucracy, suspicion and fear”. In response unions have challenged David Cameron to meet families who have lost a loved one as a result of neglect for health and safety in the workplace.
The professional union Prospect issued a statement on behalf of 1,650 Health and Safety Executive (HSE) inspectors, scientists and other specialists. Prospect negotiator Mike Macdonald said, “There is a world of difference between petty bureaucracy enacted under the label of health and safety, and HSE regulation designed to prevent deaths in the workplace … But confusing the two continues to perpetuate a negative image of health and safety regulation and masks the bigger picture: as the figures for 2007/08 show, 32,810 employees were exposed to fatal and major injuries at work.”
Alan Ritchie, General Secretary of the Union of Construction, Allied Trades and Technicians (UCATT), commented, “The Conservatives must not play politics with the safety of workers in their quest for votes. By trivialising the issue of safety the Conservatives are deflecting attention away from reality. Many workers, especially construction workers, are regularly placed in danger because there are simply too few inspections and too little enforcement activity on construction sites”.
In a measured response, the Institution of Occupational Safety and Health (IOSH) said it viewed Mr Cameron’s remarks as “a welcome opening up of a much needed debate about risk and responsibility”. Mr Cameron also announced that former Conservative Trade Secretary Lord Young would lead a review into the UK’s health and safety culture and IOSH’s leaders said they would be keen to provide input to the process.
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IOSH warns employers to be aware of increased levels of stress amongst staff |
The Institution of Occupational Safety and Health (IOSH), recently warned employers to be aware of the effect the combination of the credit crunch and the Christmas rush could have on staff stress levels.
IOSH says that worries over the credit crunch, job security, childcare and the late shopping rush could all mount up during the Festive season, and predicts that those working in shops, pubs and restaurants could find themselves under greater pressure than normal, with cut-price offers designed to boost sales figures.
There are many signs of stress, but the safety organisation says some common signs and symptoms include:
· increased susceptibility to colds and other infections
· headaches
· tiredness and sleep difficulties
· back and neck ache
· digestive problems
· wanting to cry
· short temperedness
· eating without being hungry
· smoking and drinking excessively
· loss of motivation and commitment.
In the UK, recent statistics indicate that work-related stress accounts for over a third of all new incidences of ill health, with 415,000 people in 2008/09 believing work-related stress was making them ill. Work-related stress, depression and anxiety led to the loss of 11.4 million work days. On average, a member of staff off work with work-related stress will be absent for around 27 days.
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HSE and council inspectors join forces to inspect industrial estate |
The safety of employees at industrial estates across Sunderland came under the microscope as the HSE and Sunderland City Council launched a joint inspection on premises. More than 65 businesses were inspected in the crackdown resulting in 15 Improvement Notices being served and only one company received a Prohibition Notice.
HSE Inspectors say these statistics should be taken as an encouraging sign that the health and safety message is getting through to businesses, but more still needs to be done.
HSE served the Improvement Notices demanding additional safeguards be provided within a certain time frame after inspectors identified health and safety concerns at several premises. A Prohibition Notice was issued to one company in relation to unguarded, dangerous machinery and meant work was stopped at the firm immediately and will remain so until remedial action has been taken.
Further action is also being taken in relation to landlords’ responsibilities under health and safety legislation at several of the industrial estates visited.
Keith Anderson, Principal Environmental Health Officer at Sunderland City Council, commented that
“The exercise was a complete success and reinforced the strong working relationships already developed with our counterparts in the HSE. We identified numerous new businesses on industrial estates and offered guidance and advice on health and safety as well as taking more formal action for more serious breaches of legislation.
This is an approach being taken by the HSE and councils all over the country.
Would your business stand the scrutiny of this type of inspection? Why not take a look at a range of examples of how we have helped businesses to improve their health and safety.
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Company fined £150,000 over major chemical fire |
A North London-based international waste management company has been fined £150,000 for health and safety breaches following a major chemical fire in Preston which closed two motorways.
This follows a fire that started in an open area of Veolia ES Cleanaway (UK) Ltd’s site at the Red Scar Industrial Estate on Longridge Road in Preston. Some 66 firefighters were called in to tackle the blaze and they reported seeing drums rocketing into the air and off the site after setting alight.
Emergency services closed the industrial estate and sections of the M6 and M55 motorways for several hours during the morning commute while they tackled the blaze, due to fears that smoke and fumes would travel if the wind changed direction. The fire was extinguished by mid-afternoon after more than 132,000 litres of chemicals were set alight.
The area where the fire started was used as a storage space for drums of chemicals and HSE inspectors believe the blaze was caused by lithium batteries igniting nearby waste materials.
Lancashire Fire and Rescue Service issued three enforcement notices following the incident covering breaches of fire prevention legislation. The HSE also issued an improvement notice requiring the revision and rewriting of site operating procedures.
Veolia was charged with breaching regulations 6(3) and 9(1) of the Dangerous Substances and Explosive Atmospheres Regulations (DSEAR) 2002 in failing to take appropriate measures to control the storage of dangerous substances, and in failing to provide suitable and sufficient information, instruction and training for its employees.
Veolia, which has its headquarters on Pentonville Road in North London, pleaded guilty to the two offences at Preston Crown Court on 9 December 2009. The company was ordered to pay a fine of £150,000, as well as court costs of £90,000.
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Fine for Koyo Bearings (Europe) Ltd after staff exposed to hazardous mist |
The HSE is warning employers who work with metalworking fluids to ensure they take the correct safety precautions after an entire workforce at a Barnsley company were exposed to hazardous metalworking fluid mist.
Koyo Bearings (Europe) Ltd pleaded guilty to breaching s.2(1) of the Health and Safety at Work, etc Act 1974 and were fined £20,000 and ordered to pay £15,280 costs at Barnsley Magistrates Court.
Exposure to metalworking fluid mist is a known cause of occupational asthma and extrinsic allergic alveolitis. Since 2005 there have been 15 reported cases of these illnesses by employees at Koyo Bearings — the second largest exposure of its kind in the UK at a single company.
The court also ordered Koyo Bearings to pay a separate victim surcharge, the proceeds of which will be spent on services for victims and witnesses.
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Survey identifies that 70% of people support health and safety regulation |
The survey undertaken by the Better Regulation Executive examined what factors help shape public perception in various areas. The study found widespread approval of regulation amongst the public; however it did identify that the benefits are often overlooked when the perception is that risks are low.
Although the findings were generally positive towards health and safety, where people felt it was over regulated those people were extremely cynical. The supervisory and junior management roles in businesses were the most critical of regulations; which might be because they are the group usually tasked with enforcing rules in the workplace.
The report did cite health and safety as one of the biggest culprits for producing wordy and unclear regulations; an issue supported by the Federation of Small Businesses who found that 27% of its membership claimed that complex regulations was a reason not to expand their business.
Are you finding understanding health and safety regulations a burden? Why not contact MESH to see how we could help you overcome these barriers?
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Company fined after safety device was overridden |
A meat processing company was fined £160,000 after a worker suffered a fatal head injury whilst inspecting a blender. The worker was employed as a hygiene supervisor at Delico Ltd in Milton Keynes.
The accident happened when the worker was inspecting the machine after a colleague had cleaned it; the door sensor had been over-ridden to allow the door to be kept open. The investigation identified that whilst the inspection took place the mechanism used to override the door must have been disturbed which caused the door to close on the supervisors head killing her instantly.
The HSE inspection found that an identical machine had part of its safety circuit wired out and that elsewhere there were a range of safety failings including a lack of maintenance, lack of training and inappropriate health and safety arrangements.
The company pleaded guilty and was also ordered to pay £40,000 in costs.
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Major food retailer fined following 4 metre fall |
The case came after an employee was knocked unconscious and severely injured following a four metre fall at a Wembley warehouse. The HSE prosecuted EAT Ltd of Wembley Industrial Estate, Brent, who pleaded guilty to breaching Regulation 4(1) of the Work at Height Regulations 2005.
The company was fined £1,000 and ordered to pay costs of £2,500, at the City of London Magistrates’ Court. The court heard that a warehouse worker was seriously injured at EAT Limited’s Central Production Unit in Wembley. At the time of the incident, the worker was preparing pallets for delivery to the company’s retail shops. He was working in a raised man-riding cage, which was not properly fixed to the forklift truck. Whilst raised to height of approximately 4.6 metres, the cage slipped off the forks and fell.
He was unconscious in hospital for two days and suffered swelling to the brain, a broken hand, broken elbow, cracked ribs and a dislocated knee.
The HSE investigation showed that EAT did not have adequate measures in place to control the risks of working at height. The cage used was not suitable for order picking and the work was being carried out in an unsafe manner. Evidence also showed that a colleague working on the ground narrowly escaped injury as the cage fell.
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