Eljay Risk Management Ltd – TRAINING & COURSES

Start of new academic year brings student accommodation safety concerns

The beginning of autumn sees thousands of 18 plus year olds across the UK leaving home for the first time to start university life, and by now they should be settling into their accommodation, as well as their studies.

Naturally, this can be a very traumatic time for parents, who, as well as having to get used to their “empty nest”, are faced with fears over their children’s safety, health and well being. And what won’t be helping, are reports last month of two Manchester housing developers being fined for serious breaches of fire safety regulations at newly built student accommodation in the city.

In response to concerns raised that building work was still being undertaken when students started to move in, Manchester City Council’s building surveyors visited the accommodation which was later described in court as being a “death trap”. Students had to be re-housed whilst works were undertaken to bring the accommodation up to the safety standards required by building regulations.

Fire safety breaches included insufficient provision of self-closing fire doors, walls which provided inadequate fire resistance, windows blocked by scaffolding and occupants having to evacuate through a building site in the event of an emergency.

A representative for the Council condemned the developers’ decision to put profit before safety, which ultimately cost them more time and money but which could also have cost lives.

Students are now being urged not to be too trusting of property managers/owners when moving away from home for university studies. There is a section on the Direct.gov.uk website providing information about halls of residence and other university accommodation and how their management is regulated by three government-approved codes of practice, which require certain standards of management and an adequate complaints procedure. Students are advised to inform accommodation managers if they think their health and safety is at risk and to contact their local authority if their concerns are not acted upon.

But even if buildings have been completed to the required building regulation standards, occupation and wear and tear can also result in breaches of fire safety and health and safety. For example, fire doors may need re-adjustment over time and intumescent strips replacing. Also, occupants may store items in undesignated areas such as corridors and stairwells which would impede safe emergency evacuation

We look for these and other issues when undertaking Fire Risk Assessments and Health and Safety inspections, from as little as £85 plus VAT. If you manage accommodation such as student, commercial, mixed-use or residential, why not call us today for a copy our pricing structure?

News item of the month

Last month saw the sentencing of five contractors, two local authorities and a major retailer in three separate cases where the Control of Asbestos Regulations 2006 were breached. A Midlands local authority and refurbishment contractor were collectively fined £6,750 plus costs after an unlicensed sub-contractor was appointed to remove asbestos ceiling tiles from a primary school and a Lincolnshire local authority and building contractor were collectively fined £19,600 plus costs after asbestos insulation board was removed from a flat, carried through communal areas and loaded into an open top van. Most notably though, Marks and Spencer and three contractors were in court to face sentencing after insufficient time and space was allocated for the removal of asbestos at the Bournemouth and Reading stores in 2006 and 2007, putting customers, staff and workers at risk.

Comment:

It’s hard to believe that such a major retailer, experienced in handling asbestos with 70% of its stores containing it, neglected their duty of care by failing to ensure their own asbestos code of practice was fully followed by contractors. Concern about works being “unsightly” and “interfering with the shopping experience” of customers was apparently given a higher priority by management than people potentially being exposed to the deadly material. And, as in the other two cases, repeated failure by local authorities to a) ensure that contractors are licensed and competent and provide sufficient knowledge and training and b) provide contractors with information about asbestos in the buildings they have been appointed to work in, continues to result in the spread of asbestos, the single greatest cause of work-related deaths in the UK.

Might you or the contractors you appoint (or the sub-contractors they appoint!) be exposed to asbestos at work? The HSE provides health and safety advice and guidance so that you know what to do to protect yourself and others. Follow the link: http://www.hse.gov.uk/asbestos/index.htm

Rumour of the month

“HSE to keep a watchful eye on schoolboys playing conkers”

Comment:

On a more light-hearted note, last month the HSE were yet again forced to dispel rumours that they are out to spoil people’s fun. A letter published in a West Yorkshire local newspaper accused the HSE of admonishing conker players for “risking life and limb by not wearing full protective clothing” and urged them to “put all this childish nonsense to rest”. The HSE responded in a statement by one of their regional heads of operations, saying “the HSE has never moved to end the game of conkers – or any other innocent playground game. Our view is firmly that schoolchildren learn to deal with risk through play and adventure ….”

In the blame culture we live in today, the HSE are consistently named and shamed as killjoys, when the real culprits are actually, all too often, those who are worried about being sued.

Getting to grips with hoisting people

You may remember the article in our July newsletter about the Bupa care home company being fined £100,000 after the death of an elderly resident, following a fall from a hoist. In response to this and numerous other similar incidents, the HSE have now published an information sheet, available on the web, entitled “Getting to grips with hoisting people”.

Intended to help health and social care providers (or other organisations who move and handle people) to comply with their legal duties, the information sheet explains the problems associated with hoisting people (using fixed, mobile or overhead hoists) and sets out guidance to deal with them.

People can fall during hoisting for a variety of reasons; from selection of the wrong size sling to not using the safety harness/attachment (as in the case of the Bupa care home) but this can be avoided by adopting the following measures (list is not exhaustive, please see the information sheet for more detailed guidance):

• The person – If a hoist is considered to be the most suitable handling aid, a handling plan should be devised to match the individual’s ability and match their needs and those of the workers involved.
• The equipment – Manufacturers are required to provide suitable instructions for use, including compatibility information and guidance on the checks that should be carried out before each use by a competent person.
• The staff – Should follow appropriate systems of work, co-operate with their employer and let them know of any problems and take care to ensure that their activities do not put others at risk.
• The lift – Lifting operations should be properly planned and carried out in a safe manner in accordance with the Lifting Operations and Lifting Equipment Regulations 1998 (LOLER). The Workplace, Health, Safety and Welfare Regulations 1992 require those in control of workplaces to make sure that floors and traffic routes are maintained in good condition and free from obstructions.
• Maintenance – Ensure there are adequate systems in place for maintenance and inspection of hoists and slings in line with the manufacturer’s instructions, the Provision and Use of Work Equipment Regulations 1998 (PUWER) and LOLER.
• Monitoring – Check that handling plans are being followed, and revise and update if the needs of the individual or other factors affecting the plan change.
• Training – Employers need to make sure that staff receive adequate training and information on people moving and handling.

As well as help with risk assessments and method statements, we provide in-house manual handling training which can be aimed specifically at those who need to move people as part of their work. Our fee for this half day course, which can be delivered to a maximum of 15 delegates, in the evening or at the weekend if necessary, is £295 plus VAT. For two courses delivered on the same day, our fee would be £495 plus VAT – that’s as little as £16.50 plus VAT per delegate! Please contact us for more information.

New fire safety guidance for purpose built blocks of flats

In response to landlords’ concerns surrounding appropriate levels of fire safety in purpose-built blocks of flats, new guidance has been developed by the Local Government (LG) Group in collaboration with local authorities, private sector landlords, managing agents, housing and environmental health professionals and fire and rescue services, providing specific advice to the housing sector and enforcing authorities relating to this type of accommodation. Rather than introducing new fire safety standards and regulations, the guidance aims to clarify those that already exist, hopefully resulting in residents receiving appropriate advice from their landlords on what to do in the event of a fire.

Fire safety standards are embodied in Building Regulations which ensure that adequate provision is made in blocks of flats at the time of construction. And the Regulatory Reform (Fire Safety) Order 2005 (the FSO) includes the common parts of blocks of flats within fire safety legislation. Guidance did previously exist on the FSO and its requirements, for example the HM Government’s “Fire safety risk assessment: sleeping accommodation” which includes blocks of flats. However, difficulties would frequently arise when trying to apply the FSO to this type of accommodation, leading to inconsistencies when undertaking work to upgrade fire safety standards within communal areas.

The chairman of the Federation of Private Residents Associations (FPRA) Bob Smytherman, also involved in producing the guide, has said: “The previous advice covered most types of property, but it was never sufficient for common parts of blocks of flats and some landlords and residential management companies which are often run by volunteer Directors were unsure of their legal responsibilities.“

Confusion would typically arise when, for example, considering the requirement for things like fire extinguishers, alarms systems and emergency lighting. However, by including relevant case studies which look at common issues and suggested fire safety solutions, it is now hoped that the new 191 page guide will provide clarification to these and other fire safety issues within purpose built blocks of flats.

From as little as £85 plus VAT, we undertake Fire Risk Assessments of the communal areas of blocks of flats, commercial premises and mixed-use developments throughout the UK. Please contact us for a no-obligation copy of our property inspection pricing structure.

STOP PRESS!

Responses are being welcomed before 4^th November 2011, to a consultative document which sets out the HSE’s proposals to introduce revised Control of Asbestos Regulations to further strengthen the control of exposure to asbestos and to provide greater protection for building maintenance workers and trades people, as required by the European Commission. To view the consultative document and respond please follow the link: http://www.hse.gov.uk/consult/condocs/cd237.htm?ebul=hsegen&cr=5/12-sep-11

Also, the HSE’s Infoline service closed on 30^th September, however if you require any health and safety information or guidance, please don’t hesitate to contact us, and we’ll be more than happy to help.

Fire Safety brought to the fore after UK riots

Sadly, it’s difficult to mention the summer holidays this year without making reference to the riots which spread (literally) like wildfire across the UK early last month. Indeed, the summer holidays have actually been implicated in the disorder, after research found that “rioting teenagers ‘were bored ….’” Teenage reaction to the riots was gauged by StreetChance, an inner-city sports scheme, when one thousand 12-18 year olds were questioned, the findings being released later in the month.

Although a fifth of those polled reacted to the riots with anger and disappointment, a third blamed summer holidays boredom and almost half blamed the widespread belief that engaging in such violence would not result in being caught and punished.

“Well over £100m” was the figure disclosed by the Association of British Insurers (ABI) soon after the riots, representing losses resulting from damage, burglary and, of course, fire. Although a 125 year old law (which places liability on the police for riot damage as a result of them not maintaining law and order) could lessen the financial burden on insurance companies, those directly affected in the worst hit areas face the possibility of increased premiums; a financial “twist of the knife” after helplessly watching homes and livelihoods crumble.

In a bid to help potential victims protect themselves against a recurrence of the disorder witnessed this summer (and perhaps subsequent increase in insurance premiums), the government has published a list of precautionary measures on their website www.communitysafe.gov.uk, which includes fire risk assessment and arson prevention. “Simple good housekeeping measures such as the removal of any flammable and combustible materials stored adjacent to the premises, for example, stacks of pallets or waste materials, can reduce risk as these items can be easily ignited and any fires started in them can quickly spread to your building.”

Fire Risk Assessments not only look for these and other arson risks, they also ensure that business owners and property managers are complying with regulations set down by the Regulatory Reform (Fire Safety) Order of 2005, the prime concern being the safety of occupants and visitors alike. Detailed advice and guidance is also provided by the government on their website www.businesslink.gov.uk but for those who are short of time, from as little as £85 plus VAT, we can undertake your Fire Risk Assessment for you. For a no-obligation copy of our Property Health & Safety/Fire Risk Assessment pricing structure, please call 07896 016380 or email Fiona@eljay.co.uk.

News item of the month

An out of court settlement of £3000 was paid recently by a Tenant Management Organisation (TMO) after an employee was exposed to fumes which rendered him unconscious. A new cleaning product supplied by the company in an unlabelled container was being used by the caretaker (after receiving written instructions to do so) at one of their premises, when he passed out, fracturing his ribs in the process. He was unable to return to work for three months and it took another three months for him to recover fully.

Comment:

If the TMO had left the cleaning product in its original container, the employee would have been able to see from the label what it was and how he should use it. Furthermore, it is the employer’s responsibility to fully risk-assess any chemicals used, and provide the necessary training and Personal Protective Equipment (PPE) accordingly.

As highlighted in July’s issue of our newsletter, new EU rules (EC Regulation No 1272/2008 on Classification, Labeling and Packaging of Substances and Mixtures (CLP)), to be phased in over the next few years, will ensure that the labelling on containers (changing from orange and black to red and black) clearly denotes whether the substance contained therein is flammable, toxic or explosive etc but in order for these to be effective, it stands to reason that substances must remain in their original containers!

We provide in-house training on the Control of Substances Hazardous to Health (CoSHH) and can easily incorporate the new labeling system into the syllabus. Why not contact us for details of our half and full day courses, from £295 plus VAT for up to 15 delegates?

Rumour of the month

“Shops are classed as low-risk workplaces so, as a retailer, I don’t need to worry about health & safety”

Comment:

A government decision to cut health and safety inspections in “low-risk” workplaces, such as shops and offices, came under scrutiny last month, when an employee working for a major food retail chain was stung by a scorpion after opening a box of bananas. This was the third time in as many years a scorpion had found its way into the UK to be discovered by a grocery worker, and on this occasion the employee had to be kept in hospital to be monitored, after complaining of drowsiness and nausea.

Exotic insects aren’t the only risk to health and safety faced by shop workers; according to their union USDAW, the potential for assault and abuse by members of the public means that the new government requirement for local authorities to undertake 65,000 fewer annual inspections could leave shop workers in “mortal danger”.

If you’re worried about how health & safety cuts will affect your employees, why not let us undertake a health and safety inspection of your workplace? We won’t tie you into a contract; we will simply assess the risks associated with your work and recommend the appropriate measures to take. Contact us today for a no-obligation quotation; we think you’ll be pleasantly surprised.

RIDDOR CHANGES

This month sees the implementation of changes the HSE has made to the way serious accidents and incidents are reported.

From 12^th September, accidents which result in an employee not being able to work for more than three consecutive days*, and certain occupational illnesses (excluding work related mental ill health such as stress), must be reported using the HSE’s online system at www.riddor.gov.uk.

This replaces the previous procedure where, to comply with the “Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995”, such occurrences could be notified by post and telephone.

The exceptions to this new legislation are fatalities and major injuries (as detailed in the RIDDOR section of the HSE website) which should be reported as soon as possible and as such can still be phoned through to the HSE’s Incident Contact Centre on 0845 300 9923.

There have been no changes to the procedure to be used if and when minor injuries occur; these (and all other injuries) should continue to be recorded in a company’s “accident book”.

More detailed guidance on the above is available in the RIDDOR section of the HSE website and we provide a half-day in-house Incident Investigation training course (£295 plus VAT for up to 15 delegates), the contents of which include distinguishing between incidents and accidents, what the RIDDOR requirements are and how to keep and complete associated records and documentation.

*From next year, the period of time an employee must be absent from work before the associated accident is reported, will be extended from three days to seven, and the deadline for reporting such accidents will also be extended from 10 to 15 days after its occurrence. The changes were recommended by the HSE last month after a public consultation apparently revealed a two-thirds majority in favour.

To drill or not to drill?

It is a commonly held belief amongst businesses that fire drills should be carried out at least once a year, involving everyone in the premises and recorded in a fire log book.

However, if you employ only a handful of staff in a workplace that is small with a straightforward layout, you may be wondering if this is really necessary. As an employer in England or Wales, whose duty it is to comply with the “Regulatory Reform (Fire Safety) Order 2005 (FSO)”, you would be forgiven for having doubts. This is because although the legislation requires you to provide instruction and training and establish emergency procedures, it doesn’t specifically mention the requirement to undertake fire drills.

Government guidance however for Offices and Shops Fire Risk Assessments, does mention this requirement as follows: “You must provide adequate fire safety training for your staff. The type of training should be based on the particular features of your premises and should be tested by fire drills.” So who should we listen to?

Although the FSO states that “fire arrangements should have regard to the size of the undertaking and the activities taking place”, even in the case of small straightforward workplaces/premises it’s always worth testing an evacuation procedure at least annually (unannounced) to check the following:

• employees who are new, young or don’t speak fluent English have understood  the procedure correctly;
• employees undertake the procedure correctly by closing doors behind them as they leave, etc;
• escape routes are clear;
• fire exit doors can be opened easily;
• disabled employees are assisted;
• everyone can be accounted for.

The drill can then be reviewed afterwards and actions taken if necessary to ensure a successful evacuation in the event of a real emergency. Workplace fires are more common than you may think; would you be prepared if the worst happens?

No matter what the size and complexity of your workplace or premises, if you’re not sure what you should be doing to comply with the FSO and ensure the safety of your staff/occupants, we can undertake a Fire Risk Assessment for you, which will include any necessary evacuation procedures. Additionally, depending on the size of your workforce, your company may benefit from in-house fire safety training, which we also provide, from £295 plus VAT for up to 15 delegates.

STOP PRESS!

The HSE has opened a three month consultation which could see non-compliant businesses charged £133 per hour for inspections, from as early as next April. According to the regulatory body’s programme director Gordon MacDonald: “The Government has agreed that it is right that those who break the law should pay their fair share of costs to put things right – and not the public purse.”

For more details follow the link: http://www.hse.gov.uk/press/2011/hse-costrecovery.htm

If you can’t stand the heat ….

According to news reports, we’re currently experiencing the warmest spring for 351 years! And, weather forecasters have predicted that high temperatures and lack of rain this summer will cause a drought, the severity of which hasn’t been seen since 1976. Whilst (mostly) everybody welcomes a little sunshine and warmth, particularly after our long cold winters, maximum workplace temperature is often a hot topic of conversation during the summer months. Even in an office environment, where the level of physical activity is relatively low, summer temperatures can make working conditions stuffy and uncomfortable. So it stands to reason that those employed in heavy industry have their work cut out trying to stay cool.

Temperature control measures such as air conditioning and provision of chilled drinking water are the obvious solutions but what about the associated installation and maintenance costs? In the current economic climate, budgets are already stretched to the limit, so very often desk fans and open doors and windows have to suffice. But a recent survey undertaken by YouGov suggests that such cost-cutting measures could represent false economy. Apparently, two-thirds of those of us who work indoors are only half as productive when faced with soaring temperatures. And that’s only half the story. The survey also suggests that too high temperatures can be hazardous to health and safety with two-thirds of those affected experiencing drowsiness, just over half not being able to concentrate, 37 per cent suffering from headaches and almost a quarter experiencing irritation to the eyes, nose and throat.

Although there is no legal maximum limit to workplace temperature, the HSE advises that “all reasonable steps should be taken to achieve a reasonably comfortable temperature”. If employees are getting a little hot under the collar, the following measures are suggested to help them keep their cool:

• Insulating hot plants or pipes;
• Providing air-cooling plant;
• Shading windows;
• Siting workstations away from places subject to radiant heat;
• Fans;
• Increased ventilation.

Additionally, frequency of rest breaks should be increased if necessary.

So why not take a little time now to plan ahead and implement as many preventative measures as possible to make sure productivity doesn’t plummet and health and safety isn’t compromised during what’s forecast to be a long, hot summer?

News item of the month

Last month a landowner was jailed for nine months for failing to act upon an Improvement Notice issued by the HSE following a visit to his site in St Ives, Cornwall, which was being used as a car park.

Part of the site was found to be situated dangerously close to a 30 metre steep drop below which houses were situated. Despite this, no measures had been taken to prevent falls over the edge and this presented a risk to the safety of pedestrians, drivers and nearby residents alike. Although an Improvement Notice required the landowner to rectify this immediately, no action was taken and despite an HSE notice prohibiting access by pedestrians and vehicles to the area, the emergency services had to be called when a car ended up hanging over the edge, necessitating the evacuation of the houses below.

Comment:

Landowners and those who control or manage land (even if disused) have a legal duty to assess and manage the risks to health and safety of anyone who may be able to access it. Those neglecting to do so could be visited by enforcing authorities at any time, either on behalf of their local council or the HSE itself and, in many cases, without prior warning. The custodial sentence issued to the Cornish landowner illustrates the importance of Improvement Notices and how seriously they should be taken.

If you own or manage land and don’t know what to look for when undertaking a risk assessment, we can advise accordingly or even undertake the work for you. Why not contact us today for a no-obligation quotation?

Rumour of the month

“The costs involved in complying with health and safety law far outweigh the benefits”

Comment:

On the contrary, according to the Institute of Occupational Safety & Health (IOSH), prioritising health and safety can actually strengthen a company’s competitiveness by increasing attendance and productivity and avoiding costly legal bills. A survey published last month by the professional health and safety body revealed that “work-related accidents and ill health cost businesses nearly £8 billion a year, with absenteeism, low productivity and legal bills among the financial hits faced by bosses.”

And, in a bid to “spread the word”, examples have been forwarded to the Government of businesses making huge financial savings by implementing methods of working beneficial to health and safety.

President of IOSH Steve Granger said “Businesses are missing a trick with health and safety. When you operate in a global marketplace, and you’re trying to claw your way out of recession, a happy, healthy workforce is a driver for growth.”

Did you know that from as little as £150 for 6 months, you can appoint us as your company’s Health & Safety “Competent Person” and start receiving unlimited email and telephone support? Contact us today to find out more.

Is your company being short-sighted?

One in six drivers fail basic eyesight test

Despite expert recommendations for eye tests to be undertaken every two years and whenever there is cause for concern, according to the Fleet Safety Forum, which is a division of Brake – a road safety charity, “one in six drivers cannot see well enough to pass the basic eyesight test”. This is perhaps accountable to the fact that every year, an estimated 12.5 million Britons don’t undergo eye tests when they are due. Fleet managers in particular are being urged to ensure that their drivers’ eyesight is taken into account in risk assessments and safe methods of working.

What’s the colour of safety?

If your business is a civil engineering or construction contractor or involved in certain types of electrical or electronic engineering or transport applications, you may already be aware of the safety implications surrounding correct identification/recognition of particular colours e.g. when selecting the most appropriate electrical resistor to use or when identifying the cables and pipes that utility companies bury underground.

With this in mind, did you know that approximately 8% of men and 1% of women are colour blind? This means that a range of different colours appear the same to them and the defect very often goes unnoticed until a mistake is made. Given the nature of work already described above, such a mistake could have serious, even fatal, consequences. Ranging from mild to severe, those affected by colour blindness have either inherited the condition or acquired it at some point during their life, perhaps as a result of disease such as diabetes, cardiovascular disturbances, multiple sclerosis or liver disease and almost certainly as a result of optic nerve disease, glaucoma and cataracts. The HSE is currently investigating a link between solvent exposure and subtle colour vision defects and use of certain drugs has also been implicated.

Where there are safety implications associated with the correct recognition of colours, it is crucial that employers arrange for colour vision testing of employees, preferably at the selection stage, when ascertaining their suitability for the job and, ideally, on an annual basis, to check for acquired defects.

For further information about when a colour vision test is required and, if so, what type, the HSE has published a factsheet (ref web03) entitled “Colour vision examination – A guide for employers” which also expands on the above and explains how colour coding might be applied in the workplace, and the different types of colour blindness and appropriate testing methods used.

If you need further advice and guidance on this subject, please don’t hesitate to contact us and we’ll do our best to help.

A slippery subject?

Perhaps as a result of the rise in compensation culture, illustrated by the tv adverts and sales calls we are constantly bombarded with, slips, trips and falls are perhaps the first things that come to mind when thinking about health and safety. Indeed, according to the HSE, this type of hazard is the most commonly occurring in the workplace, resulting in more than a third of all major injuries and causing serious injury last year to more than 10,000 workers.

These figures may come as a surprise to many. After all, slips, trips and falls are perhaps the least complicated of hazards and therefore most easily avoidable when a little common sense is applied. Perhaps by their very nature though, their prevention could perhaps be taken a little for granted and therefore regularly overlooked.

Take for example the case of a driver having to give up his job after a serious break to his ankle, following a slip on an unsecured mat whilst carrying a sofa bed out of a pub. An uncomplicated hazard which would have been easy to remedy and yet the consequences of not doing so has meant that someone in the latter stages of his working life has found himself face to face with a forced career change. Difficult enough without the added pressure of job scarcity faced by the unemployed in today’s economic climate. Having been operated on four times since the accident which occurred four years ago, the driver’s ankle will take at least another year to heal and, due to the seriousness of the injury, the driver will never be able to resume his 25 year driving career. His lack of mobility has also resulted in him gaining three stone in weight.

The simple measure of replacing the mat with a non-slip alternative or at least embedding it into the floor could have prevented this from happening. However, the brewery who owns the pub admitted liability after failing to take preventative action and settled out of court for the sum of £165,000.

According to the HSE, “most slips occur in wet or contaminated conditions and most trips are due to poor housekeeping. The solutions are often simple and cost effective, a suitable assessment of the risks should identify the necessary controls and these should include (in no particular order):

• Prevention of contamination
• Management of spillages and cleaning regimes
• Effective matting systems
• Choice of suitable footwear
• Design of workplace and workplace activities
• Maintenance of plant and the work environment
• Specification of appropriate flooring
• Housekeeping
• Effective training and supervision”

Slips, trip and fall hazards are also one of the issues we look for when undertaking health and safety property inspections. Did you know that we can undertake these of the communal areas of domestic properties for as little as £85 plus VAT per block? If you manage a number of properties and are short of time or resources, it could make financial sense in the long run for you to enlist our services now, before it is too late. Call us today for a copy of our property inspection pricing structure. We think you’ll be pleasantly surprised.

ISO 9001, ISO 14001 & OHSAS 18001

Are you considering applying for accreditation for ISO 9001 (Quality), 14001 (Environment) or 18001 (Occupational Health and Safety)? More and more companies are staring to apply for accreditation for these internationally recognised standards. If so give us a call. We have recent experience of helping clients achieve these standards in a painless and straightforward way!

HSE Safety Bulletin: Risks to users from firewood processing machines

The HSE has issued a safety bulletin, aimed at the following target audiences: Users, manufacturers and suppliers of firewood processing machinery, arboriculture, forestry, agriculture.

Recent accident investigations indicate that some firewood processing machines may be unsafe because the guards provided are too short or the other safety devices provided may be easily overcome.

Please follow the link: http://www.hse.gov.uk/safetybulletins/firewoodprocessors.htm

Stop Press! RIDDOR changes announced by HSE last month

The Health and Safety Executive last month introduced new arrangements for the reporting of injuries and accidents as follows:

“Businesses will still be able to notify fatal and major incidents and injuries by phone …. From 12 September 2011, all other reportable work-related injuries and incidents under RIDDOR will move to a predominantly online system, with a suite of seven forms available on HSE’s website to make the statutory reporting process quick and easy.”

Follow the link for more information: http://www.hse.gov.uk/press/2011/hse-icc.htm

Do your employees have a “spring” in their step?

Spring has officially “sprung”, bringing with it longer days and milder temperatures. Something to smile about wouldn’t you agree? Latest figures would certainly indicate so, but as long as we’re not at work! According to a “happiness and well-being” survey undertaken by NEBOSH (National Examination Board in Occupational Safety and Health), 84% of 1000 working people questioned said they were happy during their leisure time, with those happy at work (in any type of job) representing only 60%, plummeting to 10% for the “extremely happy”. Given the proven fact that morale and productivity go hand in hand, these latest figures should not be ignored by employers.

It seems that the “health and well-being” of staff is a major contributory factor to these worrying statistics, with 22% of workers questioned being unhappy with this aspect of their job. According to the survey, only 1 in 5 people in work are offered stress prevention support and/or training. That’s a poor show, particularly when the economy and government cut-backs are putting businesses and employees under so much pressure.

And on a lighter note, we highlighted in our November newsletter that “keeping fit is better for business”, yet the NEBOSH poll revealed that exercise and healthy eating is promoted to only 13% of employees. Surely it stands to reason that poor health equals more absence? With people spending so much time at work this is an ideal opportunity for employers to do their bit – perhaps by providing sufficient breaks during which exercise can be taken or even replacing tea and biscuits with fresh fruit and bottled water!

Summarising the findings of the survey, chief executive of NEBOSH Teresa Budworth said “The key to better productivity and staff retention is a friendly, relaxed working environment and making employees feel valued and respected.” Even given the pressure that businesses are under at the moment, surely that’s not too much to ask, is it?

For details of our stress prevention courses, please download our course brochure or contact us on 01782 751516 or at fiona@eljay.co.uk.

News item of the month

The Health and Safety Executive released a press release on their website last month about a construction services firm and plant hire company each being fined £50,000 and between them ordered to pay costs of over £20,000, after exposing staff and the public to asbestos.

The risks associated with the disturbance or removal of asbestos have been the subject of numerous government awareness campaigns in recent years, with deaths resulting from exposure to the substance totalling around 4,000 per year. And yet, less than 2 years ago, during the refurbishment of an occupied residential block of flats in Hackney, the plant hire company concerned, despite being unlicensed to do so, disturbed and removed asbestos insulation board from a number of properties, quite possibly contaminating the air with deadly fibres. They were sub-contracting for the construction firm who had been made aware of the presence of asbestos in a survey but failed to pass the information on. Their actions led to prosecution under the “Control of Asbestos Regulations 2006” and the construction firm pleaded guilty to breaching the “Construction (Design and Management) Regulations 2007”, by failing to “plan, manage and monitor the construction phase in a way which ensures that, so far as is reasonably practicable, it is carried out without risks to health or safety ….”

Comment:

Due to the risky nature of the work involved, licensed asbestos removal can be quite expensive but as our news item shows, the alternative can potentially be far more costly, both in financial and human terms.

It is quite clear that the construction firm were not complying with health and safety law, by being made aware of the presence of asbestos, and failing to act on the information. But if the plant hire company were not made aware, how could they have been found negligent? The “Control of Asbestos Regulations 2006” stipulates that employers undertaking demolition, maintenance or similar work must first carry out an assessment of the premises to establish if asbestos is present, or likely to be present. Insulation board is known to contain asbestos, especially if contained within buildings of a particular age and so any company undertaking this type of work, should have been aware of the risks. The fact that they failed to identify presence of the material, subsequently resulted in the plant hire plant hire company also being prosecuted for undertaking the work without a license and not protecting its employees against exposure.

Detailed guidance on the “Control of Asbestos Regulations 2006” and the “Construction (Design and Management) Regulations 2007” is available on the HSE website and we also provide property surveys which identify whether asbestos is present and how it should be managed during normal occupation (Management Survey) or during upgrading, refurbishment or demolition (Refurbishment/Demolition Survey). Please contact us for more information.

Rumour of the month

“Health and Safety prevents people from volunteering.”

Comment:

If this is true, the government has a battle on its hands trying to launch Britain’s so called “big society”.

However, the HSE aims to dispel the “myth” by stating on their website: “Health and safety is often wrongly blamed for preventing organisations from running events and people from volunteering.”

You may remember our article last month about a charity shop being forced to close following a health and safety inspection, despite raising up to £20,000 per year for Cancer Research UK. The independently run shop in Audlem, Cheshire used to donate its proceeds exclusively to CRUK in return for the provision of Public Liability Insurance and health and safety advice but according to the charity, increased legislation meant they could no longer continue with this arrangement, either at Audlem or any of its independently run shops.

However, after reading about the shop in the local press, we approached the committee to offer our support and we are delighted to announce that with our advice and guidance and the help of so many other people touched by the closure, they are now able to re-open and will donate their first year’s proceeds to St Luke’s Hospice.

To continue with the HSE’s website statement: “Health and safety law is not a barrier to volunteering activities. Taking a sensible, proportionate approach is the key to making sure things go smoothly and safely and avoiding unnecessary bureaucracy.” In support of this, the HSE are “developing tools to help employers complete their risk assessments for low-risk office environments, shops and charity shops.” They are also “currently reviewing the shop and charity shop tools” following a consultation exercise.

Back to basics though, whether voluntary or not, if you are an employer or are self employed, you have a duty to comply with The Health and Safety at Work Act, which is there to protect those who may be affected by your activities.

For more information please go to www.hse.gov.uk or contact us for straightforward guidance. We work extensively with the community and voluntary sector and therefore have experience of the kind of issues commonly faced.

Breaking down language barriers

Unison has published a fact sheet entitled “Million Voices” in a bid to raise awareness of the positive contribution migrant workers make to our economy and the discrimination and racial abuse they face despite this. According to the trade union, our public services would suffer without migrant workers who seem more willing than their UK counterparts to take up poorly paid positions in unattractive working conditions, such as those in the care sector.

However attractive this may be to employers and recruitment agencies, many of these workers will have poor English speaking skills and the implications this has on health and safety cannot be ignored. A vegetable packing company was prosecuted last month under the “CoSHH Regulations 2002”, for failing to ensure that its workers, some of whom spoke very little English, understood the information they were given on how to use cleaning chemicals safely. As a result, two chemicals were accidentally mixed together by a Latvian agency worker, resulting in the release of toxic gas which hospitalised him and two of his colleagues with breathing difficulties. The company was fined £8,500 plus costs of nearly £2,500.

Thankfully, the HSE provides very useful advice on their website about how this obstacle can be overcome. “English for Speakers of Other Languages (ESOL)” courses can be provided either in-house or through local learning establishments and the content has now been adapted to be flexible and work-related, with health and safety content included. Funding may also be available. And did you know that the paperwork provided on the accredited health and safety courses we deliver, is also available in different languages?

The benefits don’t just stop at health and safety though. Communication difficulties can also be blamed for less productivity and retention rates, as well as reduced integration outside of work.

More information about migrant workers is available on the HSE website. Alternatively, why not let us have a look at your health and safety documentation and method statements, to make sure that those of your employees who don’t speak English as their first language are taken fully into consideration in the assessment of workplace risks? Why not contact us today for a no-obligation quotation?

Garage on bottom rung of ladder to health & safety

According to the HSE, more than 25% of falls from height involve ladders, causing approximately 12 deaths per year and 1,200 major injuries. A commercial vehicle garage was recently fined £4,000 plus £2,000 costs after the ladder an employee was using slipped, causing him to fall, breaking a vertebrae in the process. Through failing to ensure that the ladder was correctly maintained, the employer was in breach of the “Provision and Use of Work Equipment Regulations (PUWER) 1998”. It was found that the ladder in question was in such a poor condition that it should have been destroyed in order to prevent its use. Also, despite having to use a ladder regularly in order to fulfill his work activities, the employee had received no relevant training, including “working at height”.

So how high does someone need to be in order to be classed as “working at height”, even if not using a ladder? According to the HSE “a place is ‘at height’ if … a person could be injured falling from it, even if it is at or below ground level.” And an employer must do everything (within reason) to prevent that person from falling, by eliminating the requirement to work at height wherever possible or, failing that, minimising the distance and consequences of a potential fall and, of course, maintaining the equipment used in a safe condition. They must also ensure that if the person is using a ladder, they are fit to do so.

Those using ladders also have a responsibility to ensure that they are using the equipment safely and the HSE provides on their website a list of common causes of falls from ladders and appropriate prevention measures. For example, the ideal angle at which the ladder must be placed against the wall, is 1 in 4. That means that the height of the ladder must be four times the distance from the bottom to the wall. By not adhering to this rule, not only is the ladder in danger of slipping but the risk of it breaking under the load is greatly increased as well.

The following information is available on the HSE website and provides clarification on the issues raised above:

• Safe use of ladders and stepladders
• The Work at Height Regulations 2005
• Simple guide to the Provision and Use of Work Equipment Regulations 1998

Please don’t hesitate to contact us though, if you have further queries. In addition to advice and guidance, we also provide a half day course on the safe use of ladders and stepladders, which also includes an overview of the “Work at Height Regulations 2005”.

ISO 9001, ISO 14001 & OHSAS 18001

Are you considering applying for accreditation for ISO 9001 (Quality), 14001 (Environment) or 18001 (Occupational Health and Safety)? More and more companies are staring to apply for accreditation for these internationally recognised standards. If so give us a call. We have recent experience of helping clients achieve these standards in a painless and straightforward way!

INTRODUCTION

RoSPA calls for year round British Summer Time

With clocks due to go forward by one hour at the end of this month, British Summer Time is, at last, just around the corner. But if proposals under the government’s new tourism strategy are accepted, British clocks will remain one hour ahead throughout the year (GMT + 1) with an extra hour of daylight planned during the summer (GMT + 2).

So what’s this got to do with health and safety? Well, the Royal Society for the Prevention of Accidents (RoSPA) is urging the government to trial these proposals for at least three years, on the basis that between 1968 and 1971, the year round British Summer Time resulted in the prevention of approximately 2,500 deaths and serious injuries. Under the proposals, RoSPA anticipates an annual reduction in road deaths by approximately 80, and serious injuries, by about 212. Conversely though, Scottish MPs have voiced concerns that the darker winter mornings will actually increase road accidents, particularly amongst parents and children on the “school run”, where public spending cuts have resulted in fewer crossing patrols and traffic calming measures. Also, farmers would have to work in the dark for longer.

It can’t be argued though that by moving the average year round sunset time from 6.35pm to 7.30pm, UK morale and Vitamin D intake would increase and there would be extra opportunity for safe outdoor exercise in the evenings. The implication that this would have for the UK workforce in terms of absenteeism and productivity, can’t be ignored.

If accepted, the hotly debated proposals, which would introduce a more “European” life-style to Brits, could be implemented in time for the 2012 Olympics.

News item of the month

The first prosecution under the Corporate Manslaughter and Corporate Homicide Act 2007 has resulted in a Gloucestershire company being fined £385,000, after a Geologist was killed in 2008, taking soil samples in a pit almost 4 metres deep which collapsed due to not being supported. The firm had ignored requirements to provide support in pits more than 1.2 metres deep and as a result were found guilty of failing to ensure the man’s safety. The judge said “It may well be that the fine in the terms of its payment will put this company into liquidation. If that is the case it’s unfortunate but unavoidable but it’s a consequence of the serious breach.” The victim’s family hoped the sentence would urge similar companies to “revisit their working practices”.

Comment:

The Corporate Manslaughter and Corporate Homicide Act represents a significant legislative change to corporate responsibilities and applies to all UK companies, partnerships, trade unions and non-commercial organisations. It removes the requirement for an individual or individuals at senior management level to be found guilty of gross negligence resulting in death; difficult if organisational structures are not clearly defined or internal communications accurately recorded, but previously necessary in order for a company to be prosecuted. Before the Act was introduced, only 34 companies in the UK were prosecuted for homicide over the duration of 40 years, despite there being 40,000 commercially related deaths in the same period. Two companies escaping prosecution as a result of this “loophole”, include GWT after the Southall rail crash, and P&O, after the Herald of Free Enterprise ferry disaster.

Although the new legislation effectively makes it easier for a company to be prosecuted for manslaughter, charges cannot be brought if it can be proved that safe systems of work were in place at the time of a fatal accident. It stands to reason then, now more than ever, that health and safety management should be paramount in the running of a business.

If you’re short on time, we can help by acting as your health and safety “competent person” as well as providing related services such as policy updates, risk assessments and workplace audits. We don’t use contracts and that means you can pay for our services as and when you need them, saving you time and money. So why not give us a call?

Rumour of the month

“I need to be without my staff for almost a week, so that they can undergo first aid training.”

Comment:

Not true anymore! In October 2009, the HSE adapted their requirements for first aid training, to make it easier for businesses to comply.

The 4 day First Aid at Work (FAW) course has now been shortened to 3 days and the one day Emergency First Aid at Work (EFAW) course has been introduced to cover the most  common workplace risks. The HSE provide guidelines in their leaflet “First aid at work – your questions answered” as to when staff need to undergo first aid training and, if so, which particular course. Where training isn’t required it is recommended that at least one member of staff is appointed to take charge of first aid arrangements in the workplace, i.e. maintenance of the first aid box, etc.

To give you a rough idea of what you need to be doing to comply, the HSE recommends the following:

Low hazard workplaces, e.g. offices etc

Where 25-50 members of staff are employed, at least one person should undergo EFAW training.

Where more than 50 members of staff are employed, at least one person should undergo FAW training.

Higher hazard workplaces, e.g. light engineering etc

Where 5-50 members of staff are employed, at least one person should undergo either EFAW or FAW training, depending on the nature of injuries that may occur.

Where more than 50 members of staff are employed, at least one person should undergo FAW training.

Don’t forget that cover will need to be provided for absence/holidays etc.

We provide in-house training for all HSE approved first aid qualifications, so why not call us today for a no-obligation quotation?

What a waste!

We’re all aware that the drive to save our planet has increased in recent years and, as a result, the UK recycling sector has increased by 60% to £8 billion, with the rapid expansion almost certainly set to continue.

However, there’s a sting in the tail of this huge growth area, in that its accident rate is four times that of the national average and, alarmingly, there are nine times more fatal accidents.

After New Year spot checks of waste sites in Derbyshire, the HSE highlighted in a press release last month that almost a quarter were “potentially putting their workers at risk of injury”. The sites were issued with enforcement notices which meant in some cases, that work could not continue. The main problem was the risk posed to employees by manoeuvring vehicles, especially those reversing, where in some cases, controls to protect those on foot were insufficient. Inadequate maintenance of equipment was also an issue.

The HSE provides clear guidelines on their website surrounding the hazardous area of vehicle movements (see the following web page: http://www.hse.gov.uk/workplacetransport/checklist/section5.htm). The main stipulation is that “Reversing areas should be planned out and clearly marked, and should be very clear to drivers and other people. Areas can be marked out on the ground, and with clear signs to stop pedestrians.”

Failing that, “banksmen” or “signallers” should be appointed but only after they have been adequately trained and if they are clearly visible to the driver. Again, the HSE provides detailed guidance on their website regarding the use of banksmen.

Could your business afford to stop work as the result of an HSE spot check? Depending on the enforcement notice issued, it could be days before things are up and running again, what would this do to the relationships you have taken the time to build with your clients? It makes sense that the same amount of time should be given to ensuring health and safety compliance, in particular the undertaking of a full risk assessment of work activities and measures implemented to control hazards.

We can help when time is at a premium and, rather than tie our clients into costly and lengthy contracts, we provide a range of individually and competitively priced services which can be accessed as and when you choose, to suit your business requirements. So why not get in touch? We’ll be more than happy to undertake a no-obligation visit in order to assess your requirements and we think you’ll be pleasantly surprised at the amount of time and cost required, if any!

Charity shop forced to close after health and safety inspection

A Cheshire charity shop which raises up to £20,000 a year for Cancer Research UK has been forced to close following a health and safety inspection. Although the branch secretary of the shop near Crewe hopes the closure will be only temporary, Cancer Research is not so optimistic, due to the number and significance of shortcomings identified.

Approximately 23,000 UK charities rely on local government for more than half of their income, so the government’s public spending cuts will leave very little, if any at all, money in the pot for health and safety. Even before the coalition government came into power, approximately 60 per cent of charities were negatively affected by the recent economic downturn.

However it isn’t just lack of money that can be blamed for health and safety shortcomings in the community and voluntary sector, it seems lack of knowledge may also play a part. The HSE has deemed it necessary on their website to clarify whether or not volunteer charity workers are actually bound by health and safety legislation at all. The following statement eliminates any doubt: “The Management of Health and Safety at Work Regulations 1999 … place a duty on both employers and the self-employed to assess the risks to employees and anyone else (e.g. voluntary workers, clients and customers) who may be affected by the work activities undertaken. As a result of this assessment, appropriate preventative and protective measures have to be taken to reduce the risks identified if they are not being adequately controlled at present.”

If you work in the community and voluntary sector, look out for our forthcoming flyer which outlines the in-house training we regularly provide to this sector, and associated costs, which we believe are affordable and competitive, making health and safety compliance accessible to even the most cash-strapped budgets. We also offer a range of individually priced support services which you can access if and when you choose, without being tied into a contract. So contact us today and don’t let health and safety constraints put an end to the vital part you play in Britain’s “big society”.

ISO 9001, ISO 14001 & OHSAS 18001

Are you considering applying for accreditation for ISO 9001 (Quality), 14001 (Environment) or 18001 (Occupational Health and Safety)? More and more companies are staring to apply for accreditation for these internationally recognised standards. If so give us a call. We have recent experience of helping clients achieve these standards in a painless and straightforward way!

SAFETY ALERT

HSE has issued a Safety Notice to advise on the action required so that the public, staff, and other workers are not put at risk by the design, construction and operation of powered perimeter gates. During the summer of 2010 two children died after becoming trapped in powered gates.

Following earlier alerts this new Safety Notice provides further advice to landlords, commercial owners or facilities managers of properties with powered perimeter gates.

Read the safety notice:

http://www.hse.gov.uk/safetybulletins/poweredgates.htm?ebul=cons/jan11&cr=2