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Welcome to the January 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 …
Government urged to think again – or put worker protection at risk
Consultation opens on RIDDOR changes recommended by Lord Young
ROSPA president laments Lord Young report during House of Lords debate
Report identifies that sub-standard design and construction leads to fire spread in roof voids
£50,000 fine for Greggs following serious fire safety breaches
Man dies in aerosol canister blaze leading to fines & costs of £500,000
Lack of £5 pair of goggles results in worker losing an eye
HSE issues Scissor Lift safety warning following fatal overturns
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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Government urged to think again – or put worker protection at risk |
The call to the Government not to opt for “overly simplistic solutions” for protecting people from injury or illness at work has been delivered by IOSH.
The Institution of Occupational Safety and Health (IOSH) said ministers would risk weakening public health and the national economy if they implemented all recommendations made in a recent Government-commissioned review of health and safety.
Lord Young of Graffham’s review findings – ‘Common Sense, Common Safety’ – were published in October after Prime Minister David Cameron ordered a fresh look at health and safety and the perceived compensation culture.
IOSH welcomed the report as a “long overdue attempt to restore the reputation” of the profession. But in ‘Getting the Balance Right’ – its response document published – the Institution says there are problems with proposals made by Lord Young, and that the review has “missed opportunities”.
IOSH wants a re-think of the ‘tick-box’ assessment and checklist regime proposed by the peer for “low-hazard” workplaces, and more clarity on the definition of “low-hazard”. There is a lack of clarity, says the Institution, on whether home-workers and the self-employed would enjoy the same standards of protection as other workers.
IOSH also wants the Government to introduce clear professional standards for health and safety advisers operating at different levels – whether they work in-house or as consultants. At the same time, IOSH believes Lord Young’s review has missed opportunities. The Institution is concerned that the former Government adviser largely ignored the ‘health’ in work-related health and safety.
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Consultation opens on RIDDOR changes recommended by Lord Young |
The HSE has agreed a plan for the publication of consultation documents on proposed changes to the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR).
In his report on health and safety, Lord Young recommended that RIDDOR be amended ‘by extending to seven days the period before an injury or accident needs to be reported’. In line with commitments made in the Government’s formal response to the report – HSE opens a three month consultation in January 2011.
Under current rules, when an employee is absent from work for more than three days following an incident or injury at work, employers are required to report the incident to the relevant enforcing authority – either HSE or the local council. The proposed amendment increases this ‘over three day’ period to over seven consecutive days. This change would align the incident reporting threshold with that for obtaining a ‘fit note’ from a GP for sickness absence, and would ensure that someone who has suffered a reportable injury has had a professional medical assessment.
The HSE has commented that whilst there will be some obvious advantages in reducing the reporting requirements on business, there will be other factors which need to be taken into account. The HSE hopes that interested parties will use the consultation exercise to provide the range of perspectives to consider in order to advise the Government appropriately.
The consultation paper was published on www.hse.gov.uk week commencing 17 January 2011. The deadline for responses will be 11 April 2011. HSE will then consider the responses, and expects to be in a position to submit recommendations to the Secretary of State by the end of May.
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ROSPA president laments Lord Young report during House of Lords debate |
The debate at the end of November 2010 had most of the speakers welcoming elements of the report; particularly the cracking down on “no win no fee” lawyers and claims management firms.
However there was also dissent over some of the report proposals; most scathing was from the ROSPA president, Lord Jordan who said the report was rushed and seemed more about pleasing the tabloids than a well-researched and sober assessment of the changing nature of threats to life and limb in the workplace. He continued that there was too much reliance on hearsay evidence and anecdotes and a lack of understanding of risk; evidence by the crude division of low and high risk workplaces.
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Report identifies that sub-standard design and construction leads to fire spread in roof voids |
New research into roof voids has found that a wide interpretation of building regulations and the difficulty of regulating construction work is to blame for inadequate compartmentation, which in turn can lead to greater instances of fire spread.
The purpose of the investigation was two-fold: to determine if recent, and current, building practice follows the guidance in the recognised building control regulation Approved Document B, and if not to find out why not; and to conduct research into fires within roof voids.
Investigations were examined from a total of 70 building fires from January to March 2010, while in a separate part of the report 750 building applications were reviewed for the clarity of their designs. The information was taken from building inspectors.
Safety officials cited misunderstandings at design and construction stage as common errors – for example, a lack of knowledge about the difference between a cavity barrier and a compartment wall. A large proportion of applications contained insufficient design detail of roof void compartmentation to allow the inspector to confirm compliance at the plan checking stage.
In cases where compartmentation had been installed correctly, fire spread was considerably reduced.
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£50,000 fine for Greggs following serious fire safety breaches |
Greggs the bakers has been fined £50,000 and ordered to pay a further £20,326 in costs after pleading guilty to serious fire breaches at one of its stores in Brentford. The prosecution followed an audit undertaken by the London Fire Brigade.
Fire safety investigators found a number of contraventions including corridors that were partially blocked by plastic crates and a fire exit that was locked by four padlocks. At the other side of the fire exit was a security door which was also locked.
Appearing at Isleworth Crown Court, Greggs pleaded guilty to two breaches of the Regulatory Reform (Fire Safety) Order 2005. These were under article nine, for shortcomings found in its fire risk assessment, and article 14, which concerned emergency routes and exits.
A notice sent to the company in January 2009 highlighted the need for a review of its fire risk assessment, an emergency plan and appropriate staff training.
Chairman and leader of London Fire and Emergency Planning Authority, councillor Brian Coleman said: “In these tough economic times it is important that companies do not take their eye off the ball when it comes to making their business safe from fire. Fire safety is a key part of good business management and responsible persons must comply with their legal obligations under the fire safety order, in order that employees and the general public are as safe as possible from the risk of fire. Failure to comply with the law can, as this case has shown, result in a prosecution.”
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Man dies in aerosol canister blaze leading to fines & costs of £500,000 |
A 37-year-old man was burned to death in an industrial accident when the aerosol canisters he was crushing caught fire. Two companies and a manager have been fined a total of £440,000 at Caernarfon Crown Court over the death of the worker, who suffered 90% burns and died in the tragedy in Chester.
His employer, Deeside Metal, had received the canisters from Jeyes UK, who had failed to clearly label and segregate them from less hazardous waste, the court heard. The court was told the manager of Deeside Metal, Robert Roberts, instructed the worker to crush the canisters in a metal baler. When the baler was activated, a canister caught fire, engulfing him in flames.
Neither company had carried out suitable risk assessments before allowing workers to handle potentially hazardous materials, such as aerosols, and both had failed to train or monitor staff in their disposal, the court heard.
The HSE prosecuted Deeside Metal Company Ltd, of Saltney, Chester, and Jeyes UK Ltd, of Bromfield Industrial Estate, Mold, for failing to have proper controls in place to manage the extremely flammable materials which led to the fatal burn injuries.
Deeside Metal Company Ltd pleaded guilty and was fined £100,000 and ordered to pay costs of £10,000. Jeyes UK Ltd pleaded guilty and was fined £330,000 with £50,000 costs.
A separate health and safety charge was also brought by the Crown Prosecution Service against Roberts, who pleaded guilty and was fined £10,000.
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Lack of £5 pair of goggles results in worker losing an eye |
A teenage worker was left blind in one eye as a result of an incident during a demolition project in Greater Manchester. The man was helping to remove wooden floorboards by using a pickaxe to lever the floorboards up when he was hit by a splinter in his eye.
He was taken to hospital for treatment but had already suffered irreparable damage and has been left permanently blind in one eye.
During the HSE investigation it was found that the worker had not been supplied with any eye protection even though it could have been supplied for less than £5. The company pleaded guilty in court.
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HSE issues Scissor Lift safety warning following fatal overturns |
Users of certain types of scissor lifts are being advised to make daily safety checks after five people were killed in three separate incidents when they overturned.
A safety alert has been issued by the HSE to warn service and maintenance engineers and those in the construction industry who use, or lease out, JLG 500RTS and 400 RTS scissor lifts, to ensure that safety critical components are working correctly.
In all three fatal overturn incidents in Europe over the past four years:
- the oscillating axle which allows the machine to be driven on uneven ground with the platform in the transport position failed to lock when the platform was raised.
- the lift/drive interlock system did not work allowing the platform to be elevated above 6.7m without the stabilisers being deployed.
Owners of both these types of scissor lifts are being advised to ensure that the oscillating axle lockout system and the lift/drive cut out switches are checked for correct functioning (in accordance with the manufacturer’s recommendations) before the machine is next used and that users complete daily inspections and function testing of both elements.
Though this safety alert is primarily to warn those who own and use these specific models of scissor lift, and those with similar interlock systems, it should serve as a reminder to all users of mobile elevating work platforms that there is a need to regularly maintain, inspect and test the equipment. This isn’t just recommended by manufacturers but is also required by law.
The safety alert can be viewed in full at http://www.hse.gov.uk/safetybulletins/scissorlifts.htm
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