January 2004

ROSPA DISAPPROVES OF PENALTY POINT PROPOSALS
Posted Saturday, January 31, 2004 by Ahmed Khan
The Royal Society for the Prevention of Accidents (RoSPA) has expressed its disapproval over plans to reduce the number of penalty points motorists receive for speeding.
Government are said to be considering a review of the points system involving fewer points for lower speed offences eg. someone travelling at 90mph in a 70mph zone would still get 3 points, someone at 35 mph in a 30mph zone would only get 2.
“The current system of 3 penalty points for speeding is the major deterrent for drivers rather than the fine.
RoSPA would strongly oppose any reduction in penalty points for speeders as it would be a backward step for road safety. It would send the wrong message and make it even harder to convince drivers that inappropriate speed is dangerous and criminal.
The Government’s own advertising explains that a driver is twice as likely to kill someone at 35mph as at 30mph.
Speed cameras save lives. They reduce the number of people killed or seriously injured by 35% and cut the number of pedestrians killed or injured at camera sites by more than half.
Even in good conditions the difference in stopping distance between 30 and 35mph is an extra 21ft – more than two car lengths. Even small amounts above the speed limit can make the difference between life and death.” - Kevin Clinton, RoSPA Head of Road Safety.

COUNCIL AND LIFEGUARD FINED OVER DROWNING TRAGEDY
Posted Saturday, January 31, 2004 by Ahmed Khan
Scarborough Borough Council has been fined £12,000 with £8,011 costs at the town's Magistrates' Court over the June 2000 death of John Rudderham, 16, after an incident at the Atlantis Water Park's outdoor pool. Despite being alerted repeatedly by children to the fact that John, an epilepsy sufferer, was lying on the bottom of the pool, lifeguard Jason Prosser did not immediately grasp that a swimmer was unconscious there. Another teenager retrieved John but he died later, never coming out of his coma.
Both the Council and its employee lifeguard, who was fined £500, had failed to meet duties under sections 3(1) and 7 of the Health and Safety at Work etc. Act 1974 respectively, both parties pleading guilty. One factor emerging from the investigation was that Mr Prosser lacked the training specific to the outdoor pool to permit him to be competent for the role he was being asked to perform at the pool. The Council has now instituted organisational and physical changes to make the environment safer for pool.
"Swimming in a swimming pool when qualified lifeguards are on duty is a very healthy and safe form of exercise. People who encounter difficulties while in the water are regularly spotted and assisted to safety. Very unfortunately each year a few people who get into difficulty, such as John Rudderham, may tragically drown, if they are not quickly spotted and rescued.
The court today has recognised that those involved in operating and working at a swimming pool are required to maintain high standards at all times and act quickly in any potential emergency situation. The margin of safety is only a matter of a few minutes before a person underwater can drown. Most commonly, as in this case, another pool-user is the first to note another swimmer in difficulties. Any lifeguard has a duty to act quickly on warnings from the public.
Pool operators also need to ensure that lifeguards can always clearly see any person below the water and, if there is any doubt, to respond rather than regret." - HSE Inspector, Paul Robinson who lead the investigation.

ARGYLL FISH FARM WORKER DROWNS
Posted Saturday, January 31, 2004 by Ahmed Khan
Oban lifeboat has recovered the body of a fish farm worker who drowned in an accident in which, according to one account, he may have entered the water to retrieve a small boat that had gone adrift from fish cages. The boat was found aground with its engine running in Ardmucknish Bay near Oban. A colleague attempted a rescue but was himself rescued by the lifeboat.

BMJ EDITORIAL EXPLAINS THE EXTENT OF MESOTHELIOMA
Posted Saturday, January 31, 2004 by Ahmed Khan
Experts writing in the British Medical Journal say it is now evident that 1 in 100 men born in the 1940's will die of malignant pleural mesothelioma, a disease almost exclusively contracted through exposure to asbestos, and highly likely to be a consequence of working encounters with the material. It is known that victims of the disease also include the wives and daughters of men exposed to asbestos as they washed heavily contaminated work clothing.
UK deaths per annum number 1,800 and are expected to rise to peak at over 2,000 in around 15 years time.

FIRE IN SCOTTISH CARE HOME CLAIMS 10 LIVES
Posted Saturday, January 31, 2004 by Ahmed Khan
A fire in the early hours of Saturday has claimed the lives of 10 residents of the privately-owned Rosepark Nursing Home in New Edinburgh Road, Uddingston, North Lanarkshire.
Despite the very early arrival of Strathclyde Fire Brigade firefighters the relatively small but fierce fire had become well established in one wing of the two-storey accommodation. In addition to the dead, 7 other residents, some described as critical, are in hospital, although around half of the 40 - 50 residents are believed to be safe and uninjured.
Police say the building was not significantly damaged, suggesting that the residents on the upper level were overcome by smoke. It is in these situations that the integrity of the compartmentation of such buildings is vitally important, if doors are left open then hot gases and smoke will quickly log higher levels.
Investigation is underway to establish what caused the fire and why the outbreak was able to claim so many lives.
Jeff Ord, Strathclyde Firemaster believes the tragedy involves the largest loss of life at any registered premises for more than 40 years.

LARGE FINE FOR MEAT PROCESSING COMPANY
Posted Saturday, January 31, 2004 by Ahmed Khan
Michael Jenkins, 59, has suffered severe long-term ill-effects after the accident at Dawn Pac's Cross Hands premises when ammonia was released into his breathing space as he worked on the company's piped system. Other workers were exposed to the effects of ammonia vapour.
Several weeks before the July 2002 accident an F and T refrigeration engineer was contracted for work following fire damage at Dawn Pac, and had cut the ammonia pipes.
Following the work undertaken on the system it was established in Court that the contractors had repeatedly been prevented from taking steps to make it safe by capping by Dawn Pac managers.
Dawn Meats Ltd, Dawn Pac's parent company, previously admitted breaching health and safety legislation, failing to ensure the safety of its employees and was fined £300,000 with £20,000 costs at Swansea Crown Court.
F and T Refrigeration, also charged with breaching the Health and Safety at Work Act etc 1974 in the circumstances of the accident at during July 2002, was previously cleared of any wrongdoing at Swansea Crown Court.

PATIENT DIES AFTER HOSPITAL FALL
Posted Saturday, January 31, 2004 by Ahmed Khan
An elderly patient sustained fatal injuries yesterday in a fall from a first floor window at the RNI Community Hospital, Inverness.

KENT COMPANY FINED FOR FATAL FLT ACCIDENT
Posted Saturday, January 31, 2004 by Ahmed Khan
On 25th October 2002 Richard Joyce, an employee of R Durtnell & Sons Ltd, Westerham, Kent, sustained fatal injuries after becoming trapped between the mast and roll-over protection structure of a Hyster fork lift truck whilst undertaking maintenance at his employer's premises.
R Durtnell & Sons Ltd was last week fined £18,000 with costs of £2,600 at Sevenoaks Magistrates' Court for breaching s2(1) of the Health and Safety at Work, etc., Act 1974 in failing to ensure the health and safety of all of its employees.
"This prosecution highlights the need for companies to ensure that employees follow safe systems of work including isolating machinery before carrying out repairs. Failure to do so too often results in tragic accidents such as this one. Companies must carry out suitable risk assessments and inform, instruct and monitor employees to ensure that they are working safely." - Heather Bryant, Principal HM Inspector of Health and Safety.

MONITORING COULD HAVE PREVENTED FATAL ACCIDENT
Posted Saturday, January 31, 2004 by Ahmed Khan
A company's failure to ensure it was implementing the suitable health and safety arrangements required by the Management Regulations, especially monitoring that staff were following its documented procedures, contributed to a fatal accident, a Sheriff has concluded.
During the early hours of a day in August 2002 lorry driver Alan Murray and Alex McDonald, a tyre fitter employee of McConechys Tyre Service of Ayr, lost their lives when another vehicle ran into their vehicles as they attempted to change a tyre on the A90 in Tayside.
Investigation revealed that a safe system of work was not being followed - police had not been alerted, the recovery vehicle was in front of the lorry, no hazard lights were visible to rear approaching traffic, a flashing beacon was not provided, but most importantly the company did not monitor its operations to ensure the health and safety of its employees and the public affected by them.
At Forfar Sheriff Court McConechys was fined £10,000 for breaching health and safety legislation.

COMPANY PROSECUTED OVER DRILLING ACCIDENT
Posted Saturday, January 31, 2004 by Ahmed Khan
Covrad Heat Transfer Ltd of Canley, Coventry, has admitted and been fined £10,000 for breaching health and safety legislation in the circumstances of an accident during February last year in which employee Richard Vernon, 60, sustained a severe hand injury while using a drill. HSE investigation established that Mr Vernon's hand was drawn into the rotating drill when metallic swarf caught his cotton glove. It was deemed that poor lighting and the poorly positioned trip device partly contributed to the accident causation.
Covrad has taken steps to restore its hitherto good health and safety performance.

PROSECUTION FOLLOWED DANGEROUS GOODS BREACH
Posted Saturday, January 31, 2004 by Ahmed Khan
A Manchester company has been prosecuted at Stockport Magistrates' Court over an incident in September 2002 in which its failure to classify a dangerous substance led to a 6-hour effort by emergency services to render a load safe.
European Colour (Pigments) Limited of Manchester was fined £5,000 with costs of £11,200 at Stockport Magistrates' Court for failing to classify a dangerous substance. Boxes of pigment had started self-heating whilst stored in the parking area of Pear New Mill, a retail and industrial estate in Stockport. A problem was recognised when wisps of smoke and a smell was detected coming from a trailer containing an unstable pigment.
EC Pigments pleaded guilty to one charge of breaching the Carriage of Dangerous Goods (Classification, Packaging, and Labelling) etc Regulations 1996, Regulation 5(1), because they consigned dangerous goods without having identified the hazards or dangers of them, failed to provide information about the hazards of these goods, to mark and label them correctly and provide information to the vehicle operator and carrier.
"The pigment being stored, Eljon Yellow XFW, is thermally unstable and prone to self-heating due to a reaction of its constituents. In combustion it emits fumes of carbon monoxide, carbon dioxide, oxides of nitrogen, hydrogen chloride and phosgene, which can cause serious injury if inhaled. This could have been a major incident had a fire developed whilst the load was being transported on a public road.
Manufacturers must understand the properties of hazardous material they transport and store. Failure to correctly classify, package and label the product puts at risk the public, those employed to handle the material and in this instance, the emergency services called to deal with the situation." - Kevin O'Donnell, HSE Inspector.

ROSPA GETS NEW CHIEF EXECUTIVE
Posted Saturday, January 31, 2004 by Ahmed Khan
John Howard, OBE, for some time Director of Safety Policy at the Royal Society for the Prevention of Accidents (RoSPA), is now its new Chief Executive. Mr Howard has served the organisation for almost 20 years and replaces Dr John Hooper.
Mr Howard says he hopes to lead the Society into an even stronger position: “I will still be actively involved in helping to formulate safety policy, but will play a greater role in expanding our business arm through the promotion of RoSPA membership, training and consultancy services and safety products.”

TREAT YOUR WOMEN BETTER!
Posted Saturday, January 31, 2004 by Ahmed Khan
The European Agency for Safety and Health at Work is encouraging member state employers to treat their women better.
To assist with this the Agency has published the report - Gender issues in safety and health - A review explaining gender difference implications for workplace injury and illness, gaps in knowledge and risk prevention.
The new Agency web resource on the topic contains a list of links to practical information to allow employers to take better account of gender in occupational safety and health.

INDEPENDENCE A NECESSITY FOR RAIL SAFETY WATCHDOG - BILL CALLAGHAN
Posted Wednesday, January 21, 2004 by Ahmed Khan
Chair of the Health and Safety Commission, Bill Callaghan, has given his views on the Rail Industry changes announced yesterday by the Secretary of State for Transport.
Mr Callaghan commented: “Given the fundamental review announced by the Secretary of State of the way the railways are regulated, I welcome the inclusion of health and safety. Two fundamental principles should be maintained, for whoever carries out the role as regulator.
First, health and safety should be truly independent - free from industry and economic pressures, and able to hold the industry to account. This was, after all, the reason why Lord Cullen recommended that the HSE retain its rail safety role.
And second, the regulator must have teeth to be able to enforce health and safety measures where necessary.
Passengers and railway workers need a strong regulator, and anything less than these principles would simply not be in the public interest.”

FARMERS GET IMPROVEMENT NOTICES OVER ATV USE
Posted Wednesday, January 21, 2004 by Ahmed Khan
The recent serious accident to rock star Ozzy Osbourne has brought to the public attention the potential dangers of riding ATVs. These vehicles are increasingly common items of equipment on farms and HSE's Agriculture inspectors' blitz visits to farms in the North-east and North Yorkshire confirmed that they are not always being used safely.
Visits to farms in Weardale and Teesdale last month, and to local suppliers, revealed that there is still plenty of room for improvement: 55 farms were visited; 39 had quad vehicles; and
at 10 of these, suitable head protection was not provided for users, resulting in the issue of Improvement Notices to the farmers.

Notices were also issued requiring users to be adequately trained and a bike with a defective handbrake to be repaired. Inspectors also took the opportunity to give advice on another significant killer on farms, namely falls from a height, such as a fall from or through a fragile roof, a ladder or stacked material.

"It was good to find that bikes were generally well maintained, but disappointing that a quarter of farms did not have helmets, particularly when we publicised this initiative well in advance. The need for quad bike users on farms to wear suitable head protection is well-recognised and a requirement which we actively enforce under workplace health and safety law. We also found that very few users had received any formal training in riding quads. Training is certainly something any new users should be given and which we would recommend even for experienced users who haven't had the benefit of it. These are not vehicles which new users should simply jump on and ride. Specialised active riding techniques are needed and there are training organisations who can provide the necessary instruction." Peter Dodman, HSE's Principal Inspector.

COMPANY'S HIGHWAY OFFENCES LEAD TO COURT
Posted Wednesday, January 21, 2004 by Ahmed Khan
EDF Energy Networks has been prosecuted at St Edmundsbury Magistrates' Court by Suffolk County Council over safety law breaches in relation to its service laying operations on the county's roads during May last year. EDF admitted 4 offences under the New Roads and Street Works Act 1991 for which it was fined £2,750 with £1,500 costs.
One of the sites was not remedied sufficiently quickly by the company and the Council instructed another party to rectify it and billed EDF almost £1,000 for this.
The breaches related to a failure to secure sites - unguarded excavations and inadequate signing, an EDF spokesperson explained that the company had taken steps to prevent recurrence, taking the view that the lapses were untypical of its health and safety performance in the conduct of tens of thousands of highway excavations with which it was involved each year.

MANAGING PUBLIC SWIMMING POOLS
Posted Wednesday, January 21, 2004 by Ahmed Khan
A new code of practice has been produced by BSI following collaboration with The Pool Water Treatment Advisory Group (PWTAG) who publish the industry's definitive guidelines on the management and operation of pools.
The Code of Practice 'Management of public swimming pools -- Water treatment systems, water treatment plant and heating and ventilation systems' - PAS 39:2003 recently published will be of interest to those who bear responsibility for the systems of management that ensure acceptable water quality. There have been several recent high profile failures to manage water quality at public pools where illness has resulted from water contamination.
BSI and PWTAG have worked with the industry to create the Publicly Available Specification (PAS) Code of Practice based on the well-known manual, Swimming Pool Water. This code contains general operational and safety advice for the management of public swimming pool water treatment systems, water treatment plant, and heating and ventilation systems in the UK.

PAS 39:2003 CAN BE PURCHASED FROM BSI FOR £37 (BSI MEMBERS) OR £74 (NON-MEMBERS).

"Many within the industry have been surprised by the lack of official standards or legislation that apply specifically to swimming pools. For more than 10 years PWTAG has campaigned to put this right and in the meantime the Swimming Pool Water manual has served many well. This new PAS complements Swimming Pool Water and together they should encourage pool operators to maintain the highest of standards." - Paul McNeillis of BSI.

POSSIBILITY OF ILL-EFFECTS FROM MOBILE PHONES AND OTHER RF EMITTERS CANNOT BE TOTALLY DISCOUNTED
Posted Tuesday, January 20, 2004 by Ahmed Khan
The National Radiological Protection Board (NRPB) says that the Advisory Group on Non-ionising Radiation (AGNIR) review of the biological and epidemiological evidence of adverse health effects arising from radiofrequency (RF) transmissions does not suggest cancer causation, in particular from mobile phone use, nor any other adverse health effect from RF exposures at levels below guidelines. It does conclude though that there could be health effects from exposure to radiofrequency transmissions below guideline levels, and calls for further research.
Some studies suggest possible effects on brain function at RF exposure levels comparable with those from mobile phone handset usage, but AGNIR regards this as inconclusive, others have concern over the effects of pulse modulated RF, however, AGNIR found that the early results are not supported by recent, better conducted studies. Similarly, in the case of mobile phone base stations, AGNIR concludes that exposure levels are extremely low and are unlikely to pose a health risk.

LIMITATIONS OF RESEARCH
AGNIR has concluded that there is no biological evidence for mutation or tumour causation by RF exposure, and epidemiological studies overall do not support causal associations between exposures to RF and the risk of cancer, in particular from mobile phone use.
Nevertheless, as caveat to this statement AGNIR points out the limitations of published research and concludes that:
“In aggregate the research published since the IEGMP report does not give cause for concern. The weight of evidence now available does not suggest that there are adverse health effects from exposures to RF fields below guideline levels, but the published research on RF exposures and health has limitations, and mobile phones have only been in widespread use for a relatively short time. The possibility therefore remains open that there could be health effects from exposure to RF fields below guideline levels; hence continued research is needed.”
The Board of NRPB has issued a response statement.

UCATT DEPLORES 'CONSTRUCTION CARNAGE'
Posted Tuesday, January 20, 2004 by Ahmed Khan
Following last week's death on the Wembley construction project and the realisation that since April last year 54 workers have died in construction accidents, George Brumwell, General Secretary of The Union of Construction, Allied Trades and Technicians (UCATT) says: "The numbers of fatalities and serious accidents are rising alarmingly. The carnage has to stop."
UCATT is to appoint 5 health and safety advisers to operate country-wide offering advice free of charge to employers and seeking to establish safety reps within the sites they visit.
“This is appalling news at the start of the year and underlines the need for more to be done to address the causes of poor health and safety on our construction sites. UCATT has invested significant resources to try and address these problems by setting up our Health and Safety Advisor Network, which aims to improve communication between workers and employers and raise the profile of health and safety amongst employers where there is no union safety rep."

CONSULTATION
“Now that both the Construction Confederation and the Major Contractors Group are promoting consultation with their workers over health and safety there is the opportunity to make 2004 the year that will see an end to this carnage. I very much welcome the opportunity to work with employers of all sizes as UCATT's contribution to a concerted effort by everyone in the industry to ensure that it becomes a safer place for workers, potential workers and their families.
We need to develop a culture where workers and employers alike - Think Safety, Believe Safety and Dream Safety so that safe working practices become second nature.” - George Brumwell.

EUROPEAN AGENCY 2004 PROGRAMME FOR SAFETY AND HEALTH AT WORK OUTLINED
Posted Tuesday, January 20, 2004 by Ahmed Khan
Ms Christa Schweng, the new chair of the Administrative Board of the European Agency for Safety and Health at Work, has spoken of the priorities for health and safety at European level saying: "The next year will be a particularly challenging one for the Agency as we need to complete the integration of the 10 new Member States into the Agency’s information network. Our aim is that they will participate fully in all of the Agency’s activities, such as the 2004 campaign to raise awareness of health and safety in the construction sector. I am looking forward to supporting the Director and the staff of the Agency at this very important time in its development”.

THE PRIORITIES FOR 2004
The Agency’s work programme for 2004 will focus on further developing the Agency’s information services in line with the priorities set out in the Community Strategy for Health and Safety at Work.
Major initiatives will include:

A EUROPE-WIDE INFORMATION CAMPAIGN TARGETING EUROPE’S CONSTRUCTION SECTOR
THE COLLECTION AND DISSEMINATION OF GOOD SAFETY AND HEALTH PRACTICE IN THE AGRICULTURE SECTOR
A STUDY OF THE EFFECTIVENESS OF ECONOMIC INCENTIVES, SUCH AS TAX BREAKS, AS TOOLS TO ENCOURAGE IMPROVEMENTS IN SAFETY AND HEALTH
PREPARATION FOR AN INFORMATION CAMPAIGN IN 2005 ON THE DANGERS OF EXCESSIVE NOISE AT WORK.

“I am very happy to welcome back Christa Schweng as Chairperson of the Agency and look forward to working closely with her in promoting the Agency’s health and safety activities in 2004. Enlargement is clearly a dominant theme for us, as 10 more countries will join our EU network. For many of the new Member States construction and agriculture are key employment sectors and at the same time sectors with high levels of safety and health risks. I am therefore pleased that the Agency’s Board has agreed to give these two areas special priority in our work programme for 2004.” - Mr Hans-Horst Konkolewsky, Director of the European Agency.

SLURRY PIT TRAPPED WALKER
Posted Tuesday, January 20, 2004 by Ahmed Khan
A walker had to be rescued by JCB after he fell into a farm slurry pit during December 2000.
John Dobson, 72, fell into the slurry up to his chest at the farm operated by John and Richard Newell near Hindlip, Worcestershire.
Both pleaded guilty to breaching health and safety legislation through inadequately protecting anyone from going too near the pits by the use of fencing and were fined a sum approaching £40,000 with costs over the incident.

£700,000 FINE FOR INCIDENT THAT PLACED PUBLIC AT RISK
Posted Tuesday, January 20, 2004 by Ahmed Khan
In the early hours of 23rd February 1998 test pressurisation operations were being carried out by Nishimatsu Construction Company Ltd in the southbound running tunnel of the Lewisham Extension to the Docklands Light Railway (DLR). During this procedure a blow-out occurred blasting a 22-metre diameter crater in the ground, hurling debris over an area of around 150 metres in diameter, destroying the tennis courts and a section of football pitch at George Green School. The school buildings were also damaged along with adjacent properties including the nearby Mudchute DLR station.

CALCULATIONS
Nishimatsu was responsible for the construction of the project, which included choosing compressed air to pressurise the tunnel. Investigation of the incident revealed that no relevant calculations into the ability of the ground cover above the tunnel to be able to withstand the proposed compressed air pressures had been undertaken or commissioned by the company.
Had Nishimatsu undertaken or commissioned calculations, then this incident would not have happened.

GUILTY
Nishimatsu pleaded guilty at Middlesex Guildhall Crown Court to failing to ensure the safety of persons not in their employment, breaching S.3(1) of the Health and Safety at Work etc Act 1974. It was fined £700,000 with costs of £145,766.62, it being estimated that the company incurred around £150,000 in legal expenses.

"This was a serious incident. Had the blow-out occurred just a few hours later, then a public disaster may have resulted. Almost undoubtedly there would have been significant numbers of seriously injured schoolchildren, with possible loss of life amongst those closest to the location of the blow-out." - Philip White, HSE's Head of Operations.
"This was a breach of duty which put many members of the public at risk and that inevitably leads to the conclusion that a substantial penalty is required." - Judge Ian Karsten QC.

CALL TO LICENSE GANGMASTERS
Posted Tuesday, January 20, 2004 by Ahmed Khan
There are an estimated 3,000 gangmasters organising labour for the UK's agriculture, horticulture and food processing and packaging industries involving the supervision of around 60,000 gang workers for these industries.
The Transport and General Workers' Union backed last week's Early Day Motion from Jim Sheridan MP (Labour, West Renfrewshire) calling for the licensing of gangmasters.
"Voluntary measures have failed to deliver for those who have no choice but to work for gangmasters.
Abuses of health and safety, exploitation through low pay and criminal acts of intimidation are being reported on a regular basis. We believe the time has come for legislation which will introduce licensing and enforceable regulation." - Tony Woodley, T&G General Secretary.

5TH NOVEMBER 'PLOT' FAILS
Posted Tuesday, January 20, 2004 by Ahmed Khan
For one company an attempt to re-enact its own illegal 5th November 'plot' once again failed when Environment Agency officials learned of the burning of around 30 lorry-loads of trade waste on the pretext that it commemorated Guy Fawkes earlier effort. The modern day conspiracy involved a field in Wimborne during October 2002 upon which the waste was begun to be deposited, a matter reported to officials by local residents when it was lit in November. The plot even involved the leafleting of residents concerning the forthcoming bonfire, however no details of the time nor exact location of the event were given. The bonfire burned a full 4 days, giving off foul smelling smoke.

IN COURT
At East Dorset Magistrates Trojan Developments (South Coast) Limited of Christchurch Road, Bournemouth, pleaded guilty to depositing controlled waste on land at Leigh Lane, Wimborne, between 1st October and 8th November 2002, an offence under section 33(1)a of the Environmental Protection Act 1990, for which it was fined £5000 with £1995 costs.
David Stokes of Corfe Mullen, Wimborne, was fined £500 with £572 costs after pleading guilty to disposing of controlled waste by burning at Leigh Lane, Wimborne, on 7 November 2002, an offence under section 33(1)b of the Environmental Protection Act 1990.
"The actions of the Company and Mr Stokes were a cynical manipulation of Bonfire Night for dumping and disposing of a considerable quantity of waste." - the District Judge.
"Disposing of waste in this way is totally irresponsible and potentially very dangerous. There is no way of knowing exactly what is in the fire and gas bottles and old aerosols can be explosive. Waste paints and plastics can give off toxic fumes with serious consequences for human health and the environment. Anyone who is unsure of the correct way to store or dispose of their waste can get free advice from their local Environment Agency office by calling 0845 933 3111. Today’s court case sends a clear message to those who choose to ignore the rules – you will be investigated and where the evidence allows, you will always be prosecuted." - Dave Cave of the Environment Agency.

FARM FATALITY IN NORTH WALES
Posted Tuesday, January 20, 2004 by Ahmed Khan
Farmer William Noblett, 72, has died in an accident on his farm at Cross Inn, Dyfed Powys. According to one account the incident involved a large bale of hay and a tractor he was using.

20,000 ON THE CLOCK, WELL MAINTAINED, MUST BE VIEWED
Posted Sunday, January 18, 2004 by Ahmed Khan
There are over 40,000 UK businesses involved in the repair or recovery of motor vehicles and since July 2003 those with an interest in keeping informed on health and safety in this environment have been able to access HSE's Motor Vehicle Repair (MVR) website, and nearly 20,000 visits to the site have been recorded.
The website contains advice on health and safety for activities such as motor vehicle maintenance and repair (including tyre, exhaust and windscreen replacement), body repair, refinishing and MOT testing, and has recently been updated to include safety during roadside recovery and repair.
The sector has an estimated 170,000 people employed in such businesses, and is dominated by small and medium-sized companies with over half the workforce employed in either zero-employee enterprises eg. sole traders or partnerships, or businesses employing fewer than 10 people.
Companies with less than 50 employees accounted for about 80% of the workforce.

EASY TO UNDERSTAND/ UP-TO-DATE INFORMATION
Information on offer includes:

THE MAIN CAUSES OF INJURY AND ILL HEALTH IN MVR AND THE PRECAUTIONS TO PREVENT THEM
CASE STUDIES
GUIDANCE ON CURRENT ISSUES
VALUABLE LINKS TO MANY OTHER USEFUL WEBSITES
LISTS OF FREE PUBLICATIONS ABOUT SAFE PRACTICES IN MVR.

The initiative has the backing of the MVR Health and Safety Forum, the industry advisory group,

"The industry employs over 170,000 people and has fatal and all injury accident rates higher than the average for the whole of manufacturing. The spraying of 2-pack isocyanate paints is one of the biggest causes of occupational asthma in the UK and the roadside recovery and repair of motor vehicles are both high-risk activities.
Over the last 5 years there have been over 30 fatal accidents to MVR workers and on average about 2,000 injuries per year are reported to HSE and local authorities. The HSE and MVR Forum have been working together to publish best practices within the industry and the site will be a prime source of easy to understand and up-to-date
information." - John Powell Head of Engineering, HSE Manufacturing Sector and Chair of the MVR Forum.

HSE/GMC SIGN MEMORANDUM OF UNDERSTANDING
Posted Sunday, January 18, 2004 by Ahmed Khan
The Health and Safety Executive and the General Medical Council have signed a Memorandum of Understanding which codifies their commitment to working together in the interests of patients and everyone involved in delivering health services.
The Memorandum represents a framework for co-operation and collaboration in meeting respective statutory duties and protecting the well-being of the community, expressing roles and responsibilities of each organisation and establishing a mechanism for sharing intelligence and expertise.

GMC
The GMC is the statutory body responsible for regulating the UK's medical profession and it has four main functions:

KEEPING UP TO DATE REGISTERS OF QUALIFIED DOCTORS
FOSTERING GOOD MEDICAL PRACTICE
PROMOTING HIGH STANDARDS OF MEDICAL EDUCATION
DEALING FIRMLY AND FAIRLY WITH DOCTORS WHOSE FITNESS TO PRACTISE IS IN DOUBT.

The agreement underpins work already undertaken by both bodies to liaise closely, communicate regularly and reach agreement on the most appropriate action on specific issues.

"The clarity and transparency of our respective roles and
responsibilities are crucial to the safety and well-being of those
who are affected. This agreement should ensure effective partnerships
between our organisations." - a joint statement by Timothy Walker, HSE Director General and Finlay Scott, Chief Executive of the GMC.

WORKING TIME CONSULTATION OVER 'OPT- OUTS'
Posted Sunday, January 18, 2004 by Ahmed Khan
The European Commission has opened a period of consultation on working time following a report on the workings of current EU legislation in this area. The Commission is consulting on how the Directive could be revised in the future
Originally, the Working Time Directive was seen as a bulwark to protect the health and safety of workers from the effects of working excessively long hours, having inadequate rest and disruptive work patterns, but in practice not all the guarantees laid down within the Directive are being provided. In particular, workers are frequently asked to sign the opt-out agreement at the same time as signing their employment contract, which acts as a constraint to freedom of choice.

THE FREEDOM OF CHOICE
The report focuses on the:

RIGHT OF WORKERS TO WAIVE THEIR RIGHTS UNDER THE DIRECTIVE
DEFINITION OF WORKING TIME & ITS CALCULATION.

In 1993, the UK negotiated an opt-out, which allows Member States not to apply the limit to working hours under certain conditions:

PRIOR AGREEMENT OF THE INDIVIDUAL
NO NEGATIVE FALL-OUT FROM REFUSING TO OPT OUT AND
RECORDS KEPT OF WORKING HOURS OF THOSE THAT HAVE OPTED OUT.

"We appreciate the importance of freedom of choice of individuals as to how they work.
But in practice the measures that the Directive foresees to safeguard the workers' interests when opting out are not properly implemented. We need to find a solution that balances the interests of all concerned. We also need to consider how best to define working time, to avoid what is currently a flexible legislative framework becoming one that creates unnecessary burdens." - Anna Diamantopoulou, Commissioner for Employment and Social Affairs.

5 MAIN ISSUES
The Commission document has 3 aims:

ANALYSIS OF THE IMPLEMENTATION OF THE OPT-OUT AND DEROGATIONS TO THE PERIOD OVER WHICH WORKING TIME IS CALCULATED ('REFERENCE PERIOD')
ANALYSIS OF THE IMPACT OF RECENT CASE LAW CONCERNING THE DEFINITION OF WORKING TIME AND THE QUALIFICATION OF TIME SPENT 'ON-CALL' - WHETHER IT SHOULD BE 'WORKING TIME' OR 'REST PERIOD
CONSULTATION OF INTERESTED PARTIES ON POSSIBLE FUTURE MODIFICATION OF THE DIRECTIVE.

The deadline for responses to the consultation is 31st March 2004.

The consultation asks for responses on 5 main issues, with a view to a future revision of the Directive:

THE LENGTH OF REFERENCE PERIODS CURRENTLY 4 MONTHS, WITH CERTAIN PROVISIONS ALLOWING FOR 6 MONTHS OR A YEAR
THE DEFINITION OF WORKING TIME FOLLOWING RECENT EUROPEAN COURT OF JUSTICE RULINGS ON TIME SPENT ON CALL
THE CONDITIONS FOR THE APPLICATION OF THE OPT-OUT
MEASURES TO IMPROVE THE BALANCE BETWEEN WORK & FAMILY LIFE
HOW TO FIND THE BEST BALANCE OF THESE MEASURES.

DOMESTIC SCALDING ACCIDENTS TO BE TACKLED IN ENGLAND AND WALES
Posted Sunday, January 18, 2004 by Ahmed Khan
The Office of the Deputy Prime Minister (ODPM) is to consult on bringing water temperature safety within the scope of building regulations, to prevent scalding accidents in hot baths.

Both RoSPA and the Child Accident Prevention Trust have worked to promote such a measure that, if implemented, will undoubtedly make inroads into the UK annual accident figures:

20 PEOPLE DIE AS A RESULT OF SCALDS CAUSED BY HOT BATH WATER
570 SUFFER SERIOUS SCALD INJURIES - YOUNG CHILDREN & OLDER PEOPLE ARE MOST AT RISK BECAUSE THEIR SKIN IS THINNER & LESS TOLERANT TO HIGHER WATER TEMPERATURES & THEY SUSTAIN SCALDS MORE QUICKLY & AT LOWER WATER TEMPERATURES AND OFTEN WITH A GREATER DEPTH OF BURN
OVER 75% OF SEVERE SCALDS ARE SUFFERED BY CHILDREN UNDER 5
ALMOST 75% OF THE FATALITIES ARE PEOPLE AGED 65 & OVER.

The outcome would be a requirement for all newly built or converted private properties to be fitted with a safety device to control the temperature of the water coming out of showers and hot water taps to baths and basins.

2006
Last month, the ODPM also launched a consultation on the way councils will use the new evidence-based Housing Health and Safety Rating System to tackle health and safety hazards in housing. The system will cover a wide range of hazards including those from hot surfaces and materials and will help authorities to identify and deal with the worst cases. Building regulations apply to all new and converted private dwellings in England and Wales and are overseen by building control inspectors working for the relevant local authority. Safe water temperatures would be addressed by a review of Part G of the Building Regulations (Hygiene) and could come into force early in 2006.
"The bath has the highest number of fatal or serious scalding incidents. Safe water temperatures are essential since most accidents occur with the young, elderly or infirm either getting or falling into baths that are initially too hot, or in topping up with hot water.
Thanks to government, industry and the voluntary sector working together, a new generation of thermostatic mixing valve (TMV2), suitable for domestic use, has been developed. Subject to the views of BRAC (Building Regulations Advisory Committee) and a full public consultation, I now believe it is practical to consider bringing the issue within the scope of building control." - Government Minister Phil Hope.
"The problem with bath water scalding begins largely with the need to store heated water at temperatures typically above 60°C to avoid bacteriological contamination - particularly legionella, a naturally occurring organism that has the potential to kill.
The new valves provide a solution by mixing hot water (stored at a temperature high enough to kill legionella) with cold water to ensure constant and safe outlet temperatures to prevent scalding," Dr Howard Porter, Director of The Thermostatic Mixing Valve Manufacturers Association (TMVA) which represents many of the mixing valves companies in the UK.

HOMEOWNERS COULD FACE SUBSTANTIAL DAMAGES IF ROOFERS ARE NOT INSURED
Posted Sunday, January 18, 2004 by Ahmed Khan
HSE Northern Ireland (HSENI) is warning homeowners thinking of engaging contractors to carry out roofing or other work at height on their premises to exercise caution. It says that if a homeowner has not ensured that the contractors have taken into account the necessary precautions to carry out the work safely, it may give rise to serious repercussions for the homeowners themselves.
The warning is prompted by a number of cases when re-roofing work on private housing was stopped as a result of a lack of satisfactory edge protection.

The Construction Employer’s Federation and the Federation of Master Builders fully endorse the advice from HSENI, their members are committed to high standards of workmanship and safety.
“It is essential that homeowners ensure that contractors are prepared to take the necessary safety precautions prior to engaging them to work on their property. Roofing and other work at heights can be dangerous, if proper regard is not paid to safety. Sadly in the past a failure to take the necessary precautions has resulted in serious injuries and the potential is always there for someone to be killed. It is important to remember that if the contractor is not properly insured, you, the homeowner could find yourself liable to pay substantial damages if an accident occurs."

REPUTABLE CONTRACTORS
"Any reputable contractor will carry insurance cover in respect of liability to his own workforce and to members of the public, and will be prepared to produce evidence of that cover when tendering for a job. Ask to see it, and ask what safety precautions have been planned for working at heights on your premises. Always remember it is people’s lives that are at stake.

If you need any further advice on this matter you can contact the Construction Employers’ Federation or the Federation of Master Builders, who will provide lists of their members prepared to undertake work on private dwellings. If you live in NI you can also contact HSENI’s Health and Safety Helpline on 0800 0320 121 or call in and speak to a Construction Inspector at our Information and Advice Centre at 83 Ladas Drive, Belfast.” - Ken Logan, Head of the Construction Group, HSENI.

ASH NOTIFIES COMPANIES ON 'DATE OF KNOWLEDGE' ON PASSIVE SMOKING DANGER
Posted Sunday, January 18, 2004 by Ahmed Khan
The anti-smoking charity Action on Smoking and Health (ASH) has 'notified' by letter the leading players in the hospitality industry that they are increasingly exposed to civil actions from employees whose health is damaged by passive smoking. With the assistance of prominent employment law and personal injury firm, Thompsons, ASH has warned letter recipients that in its opinion the 'date of knowledge' that reasonable employers should have become aware of the dangers from passive smoking in the workplace passed no later than the early 1990's.

'WIDE OPEN TO CLAIMS'
Thompsons will use the letters, sent by recorded delivery, as evidence in any proceedings where it is relevant to a case brought by an individual employee, say, a bar worker, who believes their health has been avoidably damaged.
John Hall, solicitor at Thompsons comments: "Smoking in the workplace should have ended years ago. Bosses are no more entitled to allow smoke in the workplace as they are to allow asbestos or coal dust. They need to give the order to stub out or they will face the growing threat of legal action. This is about taking steps to stop injury and avoiding future legal action by protecting the workforce from a deadly substance. If employers continue to do nothing then they will leave themselves wide open to compensation claims and they will have no one to blame but themselves."

FORCED TO A HEAD IN COURTS
ASH says it will shortly be announcing further moves to encourage employees who believe their health has been damaged because their employer permitted smoking in the workplace to begin legal actions for compensation.
It says that "if employers will not act from conviction or common sense, and if the Government still refuses to legislate, then the issue will be forced to a head in the courts."

THE LETTER ADVISES:
"Second-hand smoke contains over 4,000 chemicals, including benzene, formaldehyde, arsenic, ammonia and hydrogen cyanide. The US Environmental Protection Agency has classified environmental tobacco smoke as a known human (class A) carcinogen. The immediate effects of inhaling second-hand smoke include eye irritation, headache, cough, sore throat and nausea. Exposure for just 30 minutes to second-hand smoke has been shown to reduce coronary blood flow. Long-term inhalers of second-hand smoke suffer an increased risk of a range of smoking-related diseases...
Because of the widespread publicity the scientific evidence on second-hand smoke has now received, it is our view that the date of 'guilty knowledge' under the Health and Safety at Work Act 1974 has passed. Indeed, we believe that employers should have known of the risks by the early 1990s at the very latest. Therefore, in the event of claims for compensation for health damage, employers will be expected by the courts to know of the health effects of exposing employees and others to second-hand smoke and to take reasonable steps to eliminate it."

PROCURATOR FISCAL NOT TO ACT OVER BT FATAL ACCIDENT IN ABERDEEN
Posted Sunday, January 18, 2004 by Ahmed Khan
Donald McAndrew, 46, a BT engineer, lost his life following an industrial accident in September 2003 when his cable recovery-trailer moved and crushed him as he emerged from a manhole.
The Grampian Procurator Fiscal has intimated that no criminal proceedings are to be instigated against BT, however a fatal accident inquiry will be held at a time to be announced.
HSE investigation focussed on the equipment's braking system.

EMPLOYEE CRITICALLY INJURED IN ROBBERY
Posted Sunday, January 18, 2004 by Ahmed Khan
Alistair Gabriel, 41, an employee of Watson Wire in Rotherham, sustained serious injuries when he was struck by gates at his employer's premises as he apparently tried to intercede as a robbery was being carried out.
According to one account Mr Gabriel was struck by the gates as an unsuccessful attempt was made to prevent the raiders' vehicle leaving the premises.

FREE SEMINARS FOR LOCAL BUSINESSES WILL COVER BASIC WORKPLACE HEALTH AND SAFETY
Posted Sunday, January 18, 2004 by Ahmed Khan
HSE is holding free seminars to help local businesses improve their understanding of basic health and safety issues in the work place. Two will take place in Lancashire - at Trafford Business Venture at Nelson House in Timperley, near Altrincham, between 9.00 a.m. and 12.30 p.m. on Tuesday 3rd February and at Stockport County Football Club's Edgeley Park ground, Stockport, between 9.00 a.m. and 12.30 p.m. on Wednesday 18th February. The events are open to businesses in Greater Manchester, Cheshire, and the High Peak, and introduce a broad range of health and safety topics relevant to all businesses, including:

The role of the Health & Safety Executive
The role of local authority environmental health departments
The role of HSE and local authority inspectors
Key health and safety legislation
Risk assessments
The cost of accidents
Sources of health & safety information

An open forum for questions will feature as will a free buffet lunch. To reserve a place at either event contact Iain Peacock at Groundwork on 0161 237 9119.

Another similar HSE free seminar takes place at the Holiday Inn, Lancaster, on Wednesday 28th January 2004 between 9 a.m. and 1.00 p.m.
This one is open to businesses throughout Lancashire and South Cumbria, to reserve a place contact First Business Support on 01706 222728 or BEA on 01254 682288.

CAN DRUGS TEST BE EASILY DEFEATED BY FREELY AVAILABLE PREPARATION?
Posted Sunday, January 18, 2004 by Ahmed Khan
Concern is being expressed about the possibility that offshore and safety-critical workers, if they elected to, can easily obtain a preparation that will help return a negative when urine is tested even though an illegal substance has been taken.
One product, Zydot Euro Blend, readily obtainable on the internet and some UK retail outlets, can, it is claimed on some retailing websites, clear urine for several hours, masking any traces of marijuana.
Although the company producing the product is coy about who may buy it, describing it as a carbohydrate drink mix, other web sources of the product are less ambiguous, terming it a 'marijuana detox' drink.
A recent TUC report suggests around 12% of UK companies test employees for drugs/ alcohol.

THORPE PARK INCIDENT - EMPLOYEES' PROCEEDINGS COLLAPSE
Posted Sunday, January 18, 2004 by Ahmed Khan
The health and safety charges faced by two employees of Thorpe Park, owned by Tussauds Theme Parks Limited, in connection with an incident in September 2001 have been dropped.
It was apparently not possible to establish that employees Christopher Edge, 48, and Keith Workman, 46, were 'managers' in terms of the charges brought.
Two teenage occupants of a gondola on the Zodiac ride were badly shocked when it malfunctioned, detaching from the structure securing it.

SCAFFOLDING STRUCTURE COLLAPSE AT WEMBLEY CONSTRUCTION SITE CLAIMS LIFE
Posted Sunday, January 18, 2004 by Ahmed Khan
A workmen was killed earlier this week in accident that appears to have involved the failure of a scaffolding structure on the Wembley Stadium construction site. Another worker sustained major injuries when the platform fell 30 metres.
According to one account both men were underneath the structure when it collapsed. Multiplex Construction UK Limited is the Principal Contractor for the project.

THE EFFECTS OF THE PSYCHOSOCIAL WORK ENVIRONMENT ON MENTAL HEALTH
Posted Sunday, January 18, 2004 by Ahmed Khan
There is increasing concern about the effects of the psychosocial work environment on mental health. The findings of a recent study - Occupation and mental health: Secondary analyses of the ONS Psychiatric Morbidity Survey of Great Britain, RR 168, which examined the relationship between occupation and common mental health disorders has been published. This was achieved by means of a secondary analysis of the Second Survey of Psychiatric Morbidity among adults living in private households in Britain.
It is thought that high levels of job demands and expectations and the high emotional demands of working with people may account for high rates of common mental disorder in some occupations.

EXCAVATION COLLAPSED ON WORKER
Posted Sunday, January 18, 2004 by Ahmed Khan
Barhale Construction Ltd. of Walsall has admitted breaching the Health and Safety at Work etc Act 1974 for which it has been fined £20,000 with £13,600 costs over an accident during October 2002 in which its employee sustained serious injury in an excavation collapse on a building site near Wisbech.
At Cambridge Crown Court the presiding Judge described the circumstances as an 'accident waiting to happen'. Steven Wagg, 37, had entered the drainage excavation there when it slipped, depositing material and a large dumper truck on top of him, inflicting crush injuries. Barhale had not taken steps to ensure the stability of the 1.4-metre deep excavation, a vital matter given workmen had to enter it to work.
Mr Wagg is not able to return to work, Barhale has acted to prevent recurrence of such an accident and hopes to restore its hitherto good safety performance.

RESIDENTS SEEK RESOLUTION OF CONTAMINATED LAND PROBLEM
Posted Sunday, January 18, 2004 by Ahmed Khan
Homeowners in a housing estate in Littleport, Cambridgeshire, are set to pursue whoever is responsible for the contaminated garden ground, a legacy of a former gasworks that, judging by the levels of toxicity measured on the development, has apparently defeated a range of regulatory safeguards meant to prevent such an occurrence.
For the timebeing, levels of arsenic and benzoapyrene render the ground too dangerous for children to access, and garden-grown vegetables and fruit are off the menu.
Several years ago the land was sold to the estate developer by East Cambridgeshire District Council who granted planning consent for residential development.

FATAL ACCIDENT AT FABRICATION COMPANY
Posted Sunday, January 18, 2004 by Ahmed Khan
Jim Fairlie, 42, an employee of Paisley Welding and Fabrication of Westway Business Park, Renfrew, died earlier this week following an industrial accident at its premises.
It is understood Mr Fairlie sustained injury when a steel beam fell and crushed him.

VIOLENCE AND ABUSE DIRECTED AT RETAIL WORKERS CONTINUES
Posted Sunday, January 18, 2004 by Ahmed Khan
Retail trade union Usdaw, in a recent survey of almost 1,400 respondents to its website questionnaire, says that in response to the question "Have you experienced violence or abuse at work?" 70% replied they had.
The union has around one third of a million members, and its experience of the seemingly endless subjection of its membership to violence and abuse in the course of its work led it to launching an awareness raising Freedom from Fear campaign.
Latest retail industry figures reveal that a shopworker is attacked or abused every minute of the working day in Britain.

EMPLOYEE SUFFERS FATAL BURNS
Posted Sunday, January 18, 2004 by Ahmed Khan
An employee of a furniture manufacturing company, Nigel Peacey, 58, has succumbed to burns he sustained last week in an industrial accident at his employer's premises in West Auckland, County Durham.
According to one account Mr Peacey had been applying an angle grinder to a container when the contents exploded into flames.

RISK ASSESSMENT FOR BOUNCY CASTLES SHOULD CONSIDER WALL OPENINGS
Posted Sunday, January 18, 2004 by Ahmed Khan
Anyone carrying out risk assessment on bouncy castles should consider the possibility of children climbing the walls and exiting over the top in view of the tragic accident that befell Jordan Dixon, 5, in August last year at his Rotherham home.
Last week's inquest into his death heard how Jordan, despite repeated warnings not to climb the walls, fell 2 metres from the top of a wall of the bouncy castle sustaining a head injury that proved fatal. The equipment had been erected properly and apparently had no defects.
In view of this event persons conducting risk assessment should consider the possibility of children accessing height and be satisfied that the risk of injury is satisfactorily controlled, perhaps in a similar fashion to the protective coverings normally placed at the point of exit from the castle or other inflatable.

CONSTRUCTION PROJECT CLIENTS MUST ADHERE TO CDM DUTIES
Posted Sunday, January 18, 2004 by Ahmed Khan
HSE wishes to convey to Clients the need to stay on the correct side of the law when they assume this role as defined by the Construction Design and Management Regulations 1994 (CDM) on construction projects.
In particular it is concerned that some Clients may not be fully aware of all the steps that are necessary to be fully compliant in respect of ensuring the planning supervision of projects. CDM applies, with some limited exceptions, to all construction work including demolition. A project planning supervisor must be appointed at or before the start of design work (see paragraph 75 of the Approved Code of Practice).

TIMING IS EVERYTHING
HSE says some Clients are falling foul of the Regulations by failing to formally appoint a planning supervisor at a sufficiently early stage. Failure to appoint at the required time is an offence under CDM and its inspectors are looking closely at Client compliance and prosecutions have been initiated where Clients have failed to meet duties.
HSE Construction Division (Home Counties Area) has summarised information relating to Client responsibilities:
Appoint a planning supervisor who is competent and has adequate resources for the specific project. The duty to appoint a project planning supervisor is not dependent upon funding or planning permission having been obtained for the project; Provide information to the planning supervisor about the site and premises including previous work, site conditions, and activities on or near the site.

Reasonable steps are required to obtain necessary information e.g. surveys to identify asbestos; Obtain advice from the planning supervisor on the competence and resources of contractors and designers and be satisfied that contractors and designers are competent and adequately resourced before they are appointed;
Allow sufficient time for the planning supervisor to prepare a health and safety plan so that it can be provided to any contractor before arrangements are made for contractors to carry out or manage the work; Appoint a principal contractor who is competent and adequately resourced to carry out or manage the work. The principal contractor must be allowed sufficient time to ensure the health and safety plan contains the required features during the construction phase;
Do not start until the principal contractor has prepared a health and safety plan that contains the required features.
The appointed planning supervisor is required to be in a position to give adequate advice to the client on this matter. Designers, e.g. architects, engineers and surveyors etc, are prohibited from preparing designs unless they have taken steps to make the client aware of client CDM duties and of any practical guidance issued by the HSC.
It is advisable for designers to keep written records of meetings or briefings at which clients are made aware of their CDM duties. This will help the designer demonstrate compliance with their own duty.

HELICOPTER'S LOAD TOO LIGHT!
Posted Sunday, January 18, 2004 by Ahmed Khan
A fatal accident inquiry has deemed that during May 2002 Captain Tony Taylor, while piloting a Bond Air Services helicopter lifting loads on a contract for work for the northern Lighthouse Board, died accidentally when his aircraft crashed into the waters off the Brough of Birsay, Orkney.
Captain Taylor was ferrying a load comprising partly of scaffolding members that was described at the inquiry at Kirkwall Court by Sheriff Mackenzie as 'aerodynamically unsuitable', and lighter than might have been expected by its appearance.
Sadly, the load oscillated wildly, striking the helicopter's tail rotor blades causing it to plunge to the sea.
It was concluded that had Captain Taylor been made aware of the weight of the load he may have anticipated the possibility of such a catastrophic event occurring.

WORKPLACE TRANSPORT ACCIDENT
Posted Sunday, January 18, 2004 by Ahmed Khan
It is reported that a man has sustained serious crush injuries on a construction site in North Wales.
According to one account he was caught between two vehicles on the site of the new Porthmadog Tesco supermarket.

AIRPORT BREACHED ENVIRONMENTAL LAW
Posted Sunday, January 18, 2004 by Ahmed Khan
Newcastle International Airport Ltd has admitted and been fined £10,000 with £902 costs for breaching the Water Resources Act 1991 by allowing polluting matter to enter a tributary of the nearby Ouse Burn during January last year.
Following a report made to the Environment Agency by the Airport's environmental co-ordinator, Agency officers determined that it had exceeded permitted discharge consents relating to the de-icing substance glycol deposited on the runway and maintenance areas.
"We are delighted that magistrates have today chosen to recognise the damage this pollution is causing to the local environment.
I hope a fine that equates to over £200 per second is enough to encourage other businesses to take a close look at their environmental practises, even the slightest lapse can have serious consequences.
This is the latest in a series of pollution incidents at Newcastle Airport and the fine rightly reflects the seriousness of these incidents. Repeated pollution of this burn is preventing the ecology returning, which I’m sure locals would like to see." - Andy Rothery, Acting Special Enforcement Team Leader.

WORKING PEOPLE CONTINUE TO STRIVE FOR BETTER BALANCE TO LIFE
Posted Saturday, January 17, 2004 by Ahmed Khan
A survey commissioned by the Department of Trade and Industry as part of its Work-Life Balance campaign reveals that there is a measure of dissatisfaction with working life in that:

80% would like to spend more time with friends and family if only they could balance their work and lives more effectively
38% between the ages of 35 and 55 feel they spend too much time at work at the expense of other commitments
87% think that having interests and commitments outside the workplace helps to achieve a more fulfilling work-life balance

REDUCING ABSENTEEISM
Patricia Hewitt, Trade and Industry Secretary commented on the results: "On top of all the traditional New Year's resolutions, it's good to see that many employees have resolved to get a much better balance between work and other aspects of their lives. In recent years, employers have made great strides in improving their work-life balance practices, particularly for parents. However, there are clearly still many people who don't feel that they have achieved an effective balance.

We already know that people can work much more effectively if they can balance the varying demands on their lifestyles, so it makes good business sense for employers to cater for all employees' needs.
Accommodating these interests and commitments will not only help workers stay healthy, but will also benefit the bottom-line through reduced absentee rates and recruitment costs."

WORK-LIFE BALANCE IN PRACTICE - THE OPTIONS:
flexible working patterns
job sharing
staggered hours
term-time only working
flexitime
compressed hours
annualised hours
shift swapping
flexible working locations
practical employee benefits.

CUT THE CURRENT ALCOHOL DRIVE LIMIT - ROSPA
Posted Saturday, January 17, 2004 by Ahmed Khan
The resolution of the worsening UK drink-drive problem lies only with the Government cutting the current alcohol drive limit says the Royal Society for the Prevention of Accidents (RoSPA). The estimated number of people killed in drink-related road accidents in Great Britain went up from 530 in 2001 to 560 in 2002.
Figures for the festive period showed another increase in the proportion of drivers testing positive after crashes.
In England, Wales and Northern Ireland almost 9% of drivers tested after collisions during the Christmas and New Year period failed a breath test.
In Scotland police announced an increase in the number of motorists failing or refusing a breath test over the festive period.
RoSPA believes education campaigns about the dangers of drinking and driving must continue alongside rehabilitation courses for offenders.
“The proportion of people testing positive over the Christmas and New Year period is now back to what it was 6 years ago and the number of people killed in drink drive accidents annually has also increased.
There will be no improvement in this dreadful situation unless the Government accepts that the drink-drive limit should be lowered from 80mg to 50mg and the police are given powers to breath test motorists anywhere and at anytime.
People are dying needlessly and we must do something to kick-start the campaign again. Cutting the limit is the best answer.
The Government’s own figures showed that a reduction in the limit could save 50 lives and prevent 250 serious injuries and 1,200 slight injuries each year. At levels between 50mg and 80mg drivers are 2 – 4 times more likely to be involved in a fatal accident than drivers with no alcohol. We are now one of only four countries out of 15 in the EU with a level above 50mg. It is time for the Government to act.
While people believe it is still acceptable to drink up to the limit our problems will continue to grow.” - Kevin Clinton, Head of Road Safety for RoSPA.

1.7 TONNE STAIRCASE FELL 70 METRES NARROWLY MISSING WORKERS
Posted Saturday, January 17, 2004 by Ahmed Khan
Cleveland Bridge and Engineering Company Ltd of Darlington, County Durham, has been fined £15,000 with costs of £4,519 following prosecution for an incident in which a lifting operation went badly wrong.
The company pleaded guilty to breach of s.3(1) of the Health and Safety at Work etc Act 1974 at City of London Magistrates Court, it had failed to conduct an undertaking to lift sections of a 1.7 tonne staircase by crane in such a way as to ensure the safety of persons not in their employment by providing safe lifting arrangements.
The attachments securing the staircase as it was being lifted into place by a crane failed, releasing the 7.5m long steel staircase to fall more than 70 metres to the ground, demolishing a boundary fence and bouncing off a heavily used site footpath before coming to rest near some workers on site at DS4 Canary Wharf (now 20 Canada Square, London.)
"It's remarkable that no one was seriously injured or killed when this heavy staircase hit the ground.
It was dropped because of shortcomings in Cleveland Bridge's design of the lifting equipment used, in the training of their staff and the monitoring of lifting operations on site. Any firm carrying out lifting operations must plan the work properly and communicate effectively with their workforce." - Andy Beal, HSE inspector.

CHALLENGE HANDED TO FARMING STAKEHOLDERS AT SUMMIT
Posted Saturday, January 17, 2004 by Ahmed Khan
At the recent Health and Safety Agriculture Summit held in Oxford DEFRA Minister Lord Whitty and HSC Chair Bill Callaghan have challenged stakeholders in the industry to make a concerted effort to prevent agricultural accidents and ill-health.
Representatives from around 70 major stakeholders such as Marks & Spencer, Tesco, Morrisons, Dairy Crest, Natwest and JCB Landpower took part in the Agriculture Health and Safety Summit.
The challenge was handed to leaders of organisations with the potential to influence and incentivise farmers. The event informed of the main ways in which people lose their lives on farms - transport and machinery; falling objects; and falls.

New strategies and approaches for tackling the problems were explained, and many attending were able to contribute ideas and offer their support and commitment for future work towards safer farming.
“Further advancements in health and safety cannot be achieved by enforcement alone; we need the active commitment of everyone involved in agriculture, to influence the work practices of British farmers.
Recognising that we need to work with and through others is going to be fundamental to the HSC’s wider strategy up to 2010 and beyond.
Last year there were 39 agricultural work-related deaths – each a personal tragedy for the people involved. Our mission is to help reduce the chances of such deaths, but this is not our responsibility alone – it is the responsibility of everyone in the workplace."
Collective stakeholder strategy

"Over a 15 year period to 2000/1 the fatal incidence rate for employees in the agriculture sector halved. The really striking statistic, for me, however, is that the fatal rate for the self-employed doubled in that same period. And agriculture remains the major sector with the highest rates of ill-health and fatal injury. Clearly there has to be a focus on preventing accidents among the self-employed, at the same time as we maintain our efforts to reduce injuries to employees.

This conference marks the beginning of a collective stakeholder strategy to address the health and safety problems of the farming industry. We will be undertaking further work to map what ideas organisations can contribute, before identifying the most effective levers to bring about improvements; what barriers exist; what components are needed; and crucially, who is best placed to deliver the intervention.” - HSC Chair Bill Callaghan.

“Partnership is a key theme of the government’s strategy to develop a sustainable agricultural industry. That is why DEFRA and HSC are working closely together on farm health and safety matters. We have also used the opportunity presented by the development of the strategy to build farm health and safety management into a range of DEFRA policies. A safe and hygienic working environment is one of the key principles for sustainable farming and food. We are determined to tackle the poor health and safety record of the industry as it represents a threat to that sustainability.” - Lord Whitty.

SOLVENTS IN CONSTRUCTION WORK
Posted Saturday, January 17, 2004 by Ahmed Khan
An advisory information sheet has been published on the HSE website advising on the use of solvent-based products in construction activity. Exposure to solvents can have serious effects on workers’ health.
Solvents , CIS27, are encountered as carriers for surface coatings such as paints, varnishes, adhesives and pesticides. Substances commonly found singly or combined are
white spirit in paints, varnishes and cleaning products;
xylene in paints, adhesives and pesticides; and
1-butanol in natural and synthetic resins, paints and lacquers.
CIS27 advises on how to use solvents safely, health effects, legal provisions, precautions, spillages, fire, PPE, hygiene and first aid.
The information must always be borne in mind by those using, managing or supervising their use, and also by persons specifying solvent-based products for use in construction.

COUNCIL SAYS IF SUNBEDS REMAIN LEGAL WE'LL PROVIDE THEM
Posted Saturday, January 17, 2004 by Ahmed Khan
Watford Council has decided, for the time being, to continue its provision of sun-tanning equipment at its leisure facilities, effectively allowing its clientele to form its own judgements on the long-term health risks involved.
The Chartered Institute of Environmental Health has for some time attempted to dissuade local authorities from providing the equipment because of its concern over the possibility of an enhanced risk of skin cancer.
It is known that sunbeds earn valuable revenue for leisure centre operators, some of whom have entered into fairly long-term contracts with commercial organisations providing them. These contracts cannot be immediately withdrawn from without penalty.

AVOCADO INCIDENT REACHES COURT
Posted Saturday, January 17, 2004 by Ahmed Khan
It is reported that a civil action registered at Perth Sheriff Court concerns an injury sustained by a commis chef who cut his finger while slicing avocados with a 300mm long knife.
Former chef and employee of Perthshire's Dalmunzie Hotel, Spittal of Glenshee, Michael McCarthy, 21, maintains he was inadequately trained in the task and sustained the injury because of this and the unsuitability of the knife, an assertion countered by his former employer.
The loss for which he seeks redress involves the restriction in career choice and recreational pursuit.

3 PROHIBITION AND 4 IMPROVEMENT NOTICES SERVED IN EALING BLITZ
Posted Saturday, January 17, 2004 by Ahmed Khan
A joint blitz conducted by HSE inspectors and London Borough of Ealing enforcement personnel resulted in the issue of 7 enforcement notices during the 43-workplace visit exercise. It also identified 40 new premises requiring inspection.
The notices dealt with unguarded machinery, edge protection and exposure to isocyanates and styrene.
"This is one of many initiatives HSE are taking to improve working standards in London. Increasingly we are taking a strategic approach by working in partnership with local authorities and business organisations to improve health and safety standards. Poor standards of health and safety cost firms a lot of money. Initiatives such as the joint inspection programme are designed to assist small firms in understanding and complying with legal requirements, and helping them avoid accidents and ill." Charles Horsefield, Head of Operations for HSE London
"The Council is keen to help businesses in Ealing and make sure they provide safe and healthy working environments. Initiatives like this one help us achieve that aim. The cooperation between HSE and Ealing Council ensured businesses were only visited by one regulator dealing with workplace health and safety." - Helen Wilkie, head of Ealing Council's Business Regulation and Support Section.

TRAGIC OUTCOME OF CONSTRUCTION ACCIDENT
Posted Saturday, January 17, 2004 by Ahmed Khan
On a windy day, 28th November 2000, Christopher Kesterton, 16, was working for his groundworks employers, Piper Civil Engineering, on the Magna Park, Lutterworth, Leicestershire construction site when 17-metre tall steel freestanding columns which were left in an insecure condition were blown over by a gust.
Christopher and a workmate, Lee Neal, were near the columns and ran to escape following a shouted warning. Whilst Lee Neal escaped without serious injury, Christopher was killed instantly. The two steel columns fell principally because the steel erectors had been unable to fit stabilising wedges between the columns' base plates and the concrete foundation, and the columns had been left freestanding.
The steelwork design had been calculated using a wind speed of only 25 mph, and the lack of wedges significantly increased the forces on the column holding down bolts. The bolts failed when the columns began to sway in the relatively moderate winds of 30 mph that were blowing on the day of the accident.

FAILURE TO COMMUNICATE AND SUPERVISE
Before he had completed even one month in his labouring job Christopher Kesterton had become an accident victim in a dangerous industry through what was termed in court, a failure by a company to 'communicate and supervise'.
Earlier, Conder Structures Ltd of Staffordshire had admitted breaching S.3(1) Health and Safety at Work etc Act 1974 in that it failed to ensure the safety of an employee of another company. The activities of their subcontractors were not adequately and competently supervised so as to ensure the safe erection of the columns.
It also pleaded guilty to failing to ensure that the design for the building included adequate health and safety information, contrary to r.13(2)(b) of the Construction (Design & Management) Regulations 1994.
At Leicester Crown Court it was fined £60,000 and £40,000 respectively for the breaches with £59,300 costs.
Conder Structures Ltd has previously been prosecuted following the death in 1996 of an employee who was struck by a falling roof truss being fabricated in the firm's factory.

''This tragic accident occurred because a subcontractor had not been informed by the designer of the maximum wind speed in which the columns could be safely erected freestanding; the number and arrangement of the wedges required; or the importance of the base wedging. As a consequence, the steel erectors failed to appreciate the consequences of leaving these particular structural steel columns unwedged and freestanding in wind conditions that were quite normal for the time of year. The failure to adequately and competently supervise the subcontract steel erectors compounded the problem.
All designers should remember the critical part they play in the safety of the construction process. They need to have robust systems to ensure that designs are carried out or are supervised by trained and competent persons; that quality review procedures cover the most dangerous conditions in the life-time of a structure; and, that safety critical information is passed on to those who need to know it''. - Mark Hatfield, HSE Inspector.
"I find it extraordinary that we came to court in the first place with no clear guidelines for the industry". - Judge Christopher Metcalf, speaking of the the construction industry's need to agree on safe levels of windspeed for putting up steel frames such as the one which killed Christopher Kesterton.

DESIGNING ROOFS WITH SAFETY IN MIND
Posted Saturday, January 17, 2004 by Ahmed Khan
A committee, part of a BRE-led Partners in Innovation project, partly funded by DTI and composed of roofing industry experts, has been engaged in an analysis of HSE prosecution data to gain insight into falls from heights associated with roofing. Not surprisingly it has identified fragile roofs, fragile rooflights and unguarded edges as factors, as were inadequately trained and sometimes indisciplined personnel working to inadequate method statements and risk assessments.
The committee considered design decisions that may have contributed to the underlying causes of accidents and its main findings so far are being published early in 2004 in a BRE Information Paper - Designing Roofs with Safety in Mind.

GOOD PRACTICE
In the Spring of 2005 the next stage of the project will be published as - Good Practice Guidance for Roofing with Safety in Mind based on reviews of current good practice guidance and a wide range of BRE roof condition surveys. Interestingly, the project website suggests that some of the guidance emerging could be quite radical and the goal would be to achieve a roof where safety add-ons such as mansafe systems are not required for general maintenance. For more project information and to access the questionnaire visit the website at www.projects.bre.co.uk/saferoof or contact Gerry Saunders at BRE: saundersg@bre.co.uk

MILTON KEYNES, FREE HELP WITH HEALTH AND SAFETY
Posted Saturday, January 17, 2004 by Ahmed Khan
The HSE is running a free safety and health awareness day event in February at Milton Keynes National Hockey Stadium, Buckinghamshire.
It is put together for small businesses to help this significant group get to grips with the key health & safety issues affecting it.
HSE says that during either a morning or afternoon session independent instructors will provide practical advice helping you to identify the hazards and risks likely to be present in your workplace, concentrating particularly:

ON SLIPS AND TRIPS AND FLOOR DESIGN
WORKPLACE TRANSPORT
WORKING SAFELY AT HEIGHT
MANUAL HANDLING
VISUAL DISPLAY UNIT ASSESSMENTS
ERGONOMICS AND UPPER LIMB DISORDERS

Booking forms for the event, taking place on the 24th, 25th Feb 2004.

SUITE OF DSEAR ACOPS NOW COMPLETE
Posted Saturday, January 17, 2004 by Ahmed Khan
The fifth and final approved code of practice associated with the Dangerous Substances and Explosive Atmospheres Regulations 2002 (DSEAR) has now been published by the HSE. The four other ACoPS were published in November 2003, this final ACoP is the overarching document comprising practical advice and guidance to help employers to meet the requirements of the Regulations.
All 5 explain how to comply with the law, although alternative methods to those set out in them may be used in order to comply - they also contain guidance which is not compulsory and employers are free to take other action.
The Regulations, which came into force fully on 30th June 2003, replace several sets of old legislation and, in order to maintain safety standards and further develop good practice, the HSC agreed to the production of the suite of ACoPs.
General information on DSEAR can be found on the HSE web site, copies of Dangerous Substances and Explosive Atmospheres Regulations 2002, Approved Code of Practice and guidance, L138, are available from HSE Books, ISBN 0 7176 2203 7, price £15.50.
"This ACoP is intended to help employers eliminate or reduce fire and explosion risks from dangerous substances. It contains practical guidance, such as what factors to consider when doing risk assessments, as well as approved code material, and it explains how DSEAR sits alongside other relevant law. The publication of this ACoP signals the final stage of HSE's review and reform of old legislation on flammable and explosive substances and their associated hazards.
DSEAR and its ACoPs replace several sets of old regulations and other provisions; together they form a significant body of work and should help to maintain and improve safety standards for those who work with dangerous substances." - John Thompson, Head of HSE's Chemical and Flammables Policy Division.

EFFORT NEEDED TO STEM TIDE OF HAZARDOUS WASTE
Posted Saturday, January 17, 2004 by Ahmed Khan
The Environment Agency says it will act on recommendations made by the Hazardous Waste Forum to take urgent steps on hazardous waste. Such waste, eg. fluorescent tubes, scrap cars, television parts and computer monitors which become hazardous waste during 2004 will, it is thought, amount to 7.5million tonnes when this change occurs.
After July 2004, however, only an estimated 10-15 commercial landfills out of 240 will be able to take hazardous waste commercially. As a result of the Landfill Directive, landfills have to elect to be either hazardous, non-hazardous or inert, and after July can only dispose of hazardous waste in a landfill classified as being for that purpose. The Directive also requires the pretreatment of waste before it can be landfilled.
"Without urgent action there will be a major shortfall in capacity to treat and dispose of hazardous waste safely. This could lead to storage problems, an increase in illegal disposal – including fly-tipping – and rising public concern about health and environment impacts.
The Environment Agency now looks forward to implementation, delivery and completion of the recommendations outlined in the Forum’s report." - Liz Parkes, Head of Waste Regulation, the Environment Agency.

MORE WORKERS DON OR CONSIDER STAB-VESTS
Posted Saturday, January 17, 2004 by Ahmed Khan
Increasingly the process of risk assessment is resulting in employers resorting to equipping with stab-vests certain groups of employees who sometimes face violence and aggression from the public.
Security companies, such as ISS Mediclean who are contracted for service at Nottingham's Queen's Medical Centre, have come to the conclusion that it must provide these items for employees.
The Association for Professional Ambulance Personnel advocates its use, and Scotland's ambulance crews and technicians' opinion will soon be canvassed on the subject. Other areas, such as London, East Midlands and Manchester, have already arrived at the decision to issue.
Stab-vests are expensive items, some cost more than £500.

SCOTTISH SMOKING CONSULTATION WON'T RESULT IN BAN
Posted Saturday, January 17, 2004 by Ahmed Khan
It has been intimated that the consultation period to commence soon in Scotland on smoking in public places is not to take the issue as far as a complete ban in places such as public houses and restaurants.
Scotland's First Minister Jack McConnell has expressed his view that the consultation, although open-ended, will recognise the practicality of regulation. Possible outcomes are guidelines, rules, no rules at all, or some sort of compromise, where for example licensing authorities would designate certain areas or premises as they saw fit.
Irish Health Minister Michael Martin has intimated that a date for the introduction of a workplace smoking ban will be given in a few weeks, Ireland being the first EU nation to institute such a ban.

USING CONTRACTORS - LEAFLET
Posted Saturday, January 17, 2004 by Ahmed Khan
An HSE guidance publication Use of contractors: a joint responsibility , INDG368 has been published on the HSE website.
It clarifies the general health and safety responsibilities of clients and contractors to protect each other, their workforce and anyone else (eg visitors, people living nearby and other members of the public).
These responsibilities, if not properly managed, can lead to events that could prove costly to all parties, something illustrated by case studies.

RECREATIONAL DIVING TRAGEDY PROSECUTION
Posted Tuesday, January 6, 2004 by Ahmed Khan
Diving company Stoney Cove Marine Trials Ltd of Leicester has been fined £7,500 with £40,000 costs at Warwick Crown Court after admitting failing to meet duties owed under s.3(1) of the Health and Safety at Work etc. Act 1974 to one diver who died and others participating in a diving trip to Wastwater, Cumbria, during October 2000.
Amateur diver Paul Gallacher, 33, got into difficulties on a dive to 60 metres, suffered convulsions and died. Investigation revealed that the company failed to properly manage the diving operation, fully assess Mr Gallagher's competence for the dive and proceeded without the benefit of a suitable, sufficient and detailed risk assessment.

DIVING RECORDS
Stoney Cove did not check Mr Gallacher’s written diving records in accordance with the International Association of Nitrox and Technical Divers Standards and Procedures to assess that he satisfied the prerequisites for attending the course. The site-specific risk assessment was not sufficient in that a number of items were not adequately recorded. Stoney Cove did not accept that its failings caused Paul Gallacher’s death and the court sentenced the company on that basis. The company now implements procedures modified in the light Mr Gallagher's death.

“Stoney Cove Marine Trials Ltd is at the forefront of recreational diver safety and the Stoney Cove dive site has an excellent safety record but in this case, where people were being taught technical diving in a remote location they failed to manage the diving operation. The company has reviewed and changed its procedures and co-operated with HSE in its investigation. There is a need for all recreational diving training organisations and individual instructors to properly plan and manage dives in accordance with the Regulations to ensure the safety of all those involved and to plan for what could go wrong. An approved code of practice and guidance exists under the Regulations and is available from HSE. Additionally HSE diving inspectors are available to advise on the management of health and safety aspects of recreational diving.” - Mike Welham, HSE Principal Inspector.

GONNAE NO DAE THAT!
Posted Tuesday, January 6, 2004 by Ahmed Khan
Following the successful piloting of the "gonnae no dae that" (a saying borrowed from a well known BBC Scotland comedy programme) initiative to end aggressive behaviour directed at NHS staff, the public and staff awareness exercise will use posters and CDs to convey the message throughout Scotland. BMA research reveals that over 1 in 3 doctors have experienced some form of violence during the last year and over 50% report that violence is a problem in their workplace.
The materials were developed by the Occupational Health & Safety Advisory Service (OHSAS), whose Karen Niven commented: "This has been a collaboration between experts in the management of violence and aggression, designers, IT experts and occupational health and safety expertise. It has therefore been produced by staff working in the NHS for staff working in the NHS, and as such is a unique and enormously useful set of resources."
"As well as the new posters and CDs, the Executive has also issued guidelines on action that could be taken against persistently violent patients – including the ultimate sanction of withholding treatment.
We are also consulting on legislation that will make it an offence to assault, obstruct or hinder emergency service workers who are carrying out their duty. In addition, nurses, doctors and others working in public services are covered by the provision that was introduced by the Lord Advocate earlier this year, which states that an offence against them in the line of their work should be considered an aggravating factor in any case of assault." - Malcolm Chisholm, Scottish Health Minister.

INCIDENTS INVOLVING ELECTRICAL, ELECTRONIC OR PROGRAMMABLE ELECTRONIC
Posted Tuesday, January 6, 2004 by Ahmed Khan
An HSE commissioned report in three parts has been published on the subject of research undertaken for the purpose of creating a scheme for learning from incidents that involve electrical, electronic or programmable electronic (E/E/PE) systems.
Learning from incidents involving E/E/PE safety-related systems. Part 1 - Review of methods and industry practice ; Bishop, P.G., Bloomfield, R.E. and others; HSE, Adelard LLP and Glasgow University, HSE Books, 2003; Research report 179, ISBN 071762787X, price £15.00. Part 2 - Recommended scheme, Bishop, P.G., Johnson, C. and others; HSE, Adelard LLP and Glasgow University, HSE Books, 2003, Research report 181, ISBN 0717627896, price £15.00. Part 3 - guidance examples and rationale, Bishop, P.G., Emmet, L.O and others; HSE, Adelard LLP and Glasgow University, HSE Books, 2003, Research report 182, ISBN 071762790X

LIQUIDATED COMPANY GUILTY OF BREACH THAT INVOLVED LOSS OF LIFE
Posted Tuesday, January 6, 2004 by Ahmed Khan
Cova Products, a Northumberland firm now no longer trading, has been fined £20,000 at Newcastle Crown Court for breaching the Health and Safety at Work etc. Act 1974 in the circumstances of the death during October 2001 in an industrial accident of Paul Greenwood, 51.
Mr Greenwood, an employee of Carter Bros of Rochdale, was visiting Cova's Cramlington operation to work on equipment when he fell from an inadequate platform on to a moving conveyor below, as a result of which he sustained fatal crush injuries.

TRACTOR POWER UNIT CLAIMED ANOTHER FARMING LIFE
Posted Tuesday, January 6, 2004 by Ahmed Khan
The dangers arising from the use of tractors as power units for equipment have been tragically underlined by the recent death of Kelly Pattinson, 20, who died on a Forest-in-Teesdale, Co Durham farm.
Kelly was powering a circular saw when she apparently fell on to its drive mechanism which inflicted terrible injuries from which she died shortly afterwards.

EMPLOYEE RECEIVED SHOCK AT FAST FOOD SHOP
Posted Tuesday, January 6, 2004 by Ahmed Khan
An Edinburgh Delicatessen takeaway shop has been prosecuted and fined for breaching health and safety legislation in the circumstances of an accident during March this year in which employee Kathryn Scott, 23, received an electric shock as she cleaned a steel food surface.
The Globe Deli, trading from premises in the City's Henderson Row, was fined £1500.
Ms Scott sustained the shock because of an earthing deficiency causing a conductor to render the steel counter live.

AMOCO (UK) EXPLORATION LTD FINED £100,000 FOR BREACH
Posted Tuesday, January 6, 2004 by Ahmed Khan
As a result of its failure to properly meet duties specified in The Offshore Installations (Prevention of Fire and Explosion, and Emergency Response) Regulations 1995 in connection with incidents during June 2000 and operations during 1999 on its North West Hutton installation, Amoco (UK) Exploration Ltd North Sea oil has been fined £100,000.
The prosecution followed two hydrocarbon gas releases, HSE officials were still present investigating the first when a similar incident took place. The leaks emanated from design modifications which should have been accompanied by review but were not. Production was restarted without a full determination of cause, a matter on which Sheriff McLernan criticised the platform's management.
Amoco maintained the risk of explosion was low, but says it has learned from the incident and changed practices to prevent recurrence.

MANSLAUGHTER FARMER WHO REMOVED SAFETY DEVICES JAILED FOR 12 MONTHS
Posted Tuesday, January 6, 2004 by Ahmed Khan
Shaun Cooper, 27, died in a workplace accident in a poultry shed he was cleaning on a farm in Wysall, Nottinghamshire, the second person to die in a workplace accident while in the employment of Peter Pell, 62. Seven years ago Mr Pell of New York, Lincolnshire, was prosecuted and fined over the electrocution of a worker.
During September 2001 Mr Cooper was using a skid-steer loader that Mr Pell had deprived of its safeguards on Windy Ridge Farm when the fatal accident occurred. The lifting mechanism descended on Mr Cooper as he was in the seat of the machine, exactly what happened is unknown.
At Nottingham Crown Court Mr Justice Morland described Pell's behaviour towards his employee's safety as 'utterly reckless', jailing him for 12 months and directing that two charges under the Health and Safety at Work etc Act 1974 should stay on file.

HSE MERSEYSIDE HQ PROJECT
Posted Tuesday, January 6, 2004 by Ahmed Khan
The signing of the £57 million, 30-year PFI contract with Bootle Accommodation Partnerships Ltd and contractors in Bootle, Merseyside, for HSE's new serviced accommodation for its 1,500 staff took place last week at the ground breaking ceremony on the construction site at Merton Rd, Bootle.
The project will employ 300-400 workers during the 18-month construction period.
Kajima Construction (Europe) will be the design/build contractor, with Cartwright Pickard as architects and Buro Happold designing structural and mechanical and electrical services.
It is hoped it will be ready for occupation from May 2005 onwards.

STRAY FIREWORK LANDS FORMER PUBLICANS IN COURT
Posted Monday, January 5, 2004 by Ahmed Khan
Two former proprietors of a Newcastle public house have been fined for breaching health and safety legislation over an ill-considered fireworks display that went badly wrong.
Susan Towers, 43, and John Machin, 51, were each fined £500 with £800 costs at Newcastle Magistrates' Court as a result of the November 2002 incident at The Plough Inn, Wolstanton, when a stray firework struck two children, injuring one of them and damaging their clothing.
Newcastle Borough Council investigation revealed the display was organised by the former manager at the pub but the fireworks were set up and ignited by customers on ground adjacent to the property.
The fireworks used were of a variety not normally available for the public to purchase directly and advice on conducting displays was not implemented.

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