January 2006

UNREGISTERED GAS INSTALLERS STILL PLYING THEIR TRADE
Posted Sunday, January 22, 2006 by Ahmed Khan
Another unregistered gas installer has been prosecuted, this time in West Heath, Birmingham.
The man's activities came to the attention of the authorities when one of his clients became dissatisfied with his work. He removed an existing heating system and installed a new gas central heating system in the property, but after the dispute he disconnected the boiler, removing it from the house without sealing the outlet valve, damaging gas pipes in the process.
The second complaint to HSE came from a CORGI Inspector and concerned a gas boiler installed by the accused which had a number of safety faults.

30 DIE EACH YEAR
The work of unregistered installers sometimes places lives at risk, every year about 30 people die from carbon monoxide poisoning caused by gas appliances and flues that have not been properly installed or maintained.
The accused pleaded guilty to breaching the Health and Safety at Work etc Act 1974¹ and 6 regulations under the Gas Safety (Installation and Use) Regulations 1998², including working in breach of a Prohibition Notice, prohibiting him from performing gas work, which was served in July 2000.
He was sentenced to 240 hours community service and was required to pay costs of £250 at Birmingham Crown Court.

COMMENT
"It is a legal requirement for anyone who carries out work on gas appliances or fittings to be competent and registered with CORGI (Council for Registered Gas Installers). Installers who are registered are required to carry a photo ID card which contains their registration number, trading title and expiry date. Their ID card also provides details of what gas work the installer is competent to do." - Health and Safety inspector.

¹ S.22 of the Health and Safety at Work etc Act 1974 - in relation to performing gas fitting work in breach of a prohibition notice.
² R.6(1) causing damage to a gas supply pipe connecting the meter to other appliances and thereby caused the release of gas;
R.6(3) the disconnection a gas fitting and failure to seal every outlet pipe;
R.3(3) for carrying gas fitting work when he was not approved by HSE to do such work;
R.6(7) he falsely claimed to be approved by the HSE to do gas fitting work;
R.6(3) he performed work on a gas fitting, namely installing and removing a gas boiler when he was not approved by the HSE to do such work.

GOOD INTENTIONS ALONE ARE INSUFFICIENT TO GENERATE BETTER SCOTTISH BUSINESSES
Posted Sunday, January 22, 2006 by Ahmed Khan
Despite good intentions, it would appear that genuine attempts to introduce changes and improvement to the way in which health and safety is tackled are waylaid by competing issues, such as financial systems, marketing, staff training and I.T. systems.
This has emerged from findings of a Better Business campaign opinion survey¹ just published by HSE showing that:
70% of small businesses in Scotland make New Year's resolutions, but that 47% break them within one month; in Great Britain as a whole, 53% of businesses do not maintain their New Year's resolutions because their planned changes are either too expensive or take up too many resources.
One goal of the HSE Better Business campaign is to convey the fact that many health and safety improvements are not necessarily expensive and can be easily put in place, and that for small businesses especially, a failure to manage risks can add up to a serious dent in profits². The campaign is a national initiative, focusing on raising awareness about the financial and personal costs and causes of workplace incidents.

¹ The survey was designed to investigate awareness and opinion relating to workplace incidents, and comprised 300 interviews between October and December 2005.
² Around 20,000 people in Scotland were injured or became ill because of work last year, costing their employers an average of about £1,200 each time.

COMMENT
"Health and safety measures are often overlooked or neglected because small businesses say they think it's all too complicated, but in fact preventative measures can benefit businesses financially by averting work based incidents, and the associated staff and workplace costs that follow." - Member of the Federation of Small Businesses in Scotland and the Partnership on Health and Safety in Scotland.
"There's plenty of evidence now to show that health and safety measures are always in the interest of the business, as they contribute to protecting staff and productivity, as well as the bottom line." - HSE Director, Scotland.

CHRISTMAS DRINK-DRIVE FIGURES WARRANT LOWER LIMIT - ROSPA
Posted Sunday, January 22, 2006 by Ahmed Khan
The Royal Society for the Prevention of Accidents (RoSPA) continues to campaign for a lower drink-drive limit following the collation of the Christmas and New Year period figures.
It sees the Road Safety Bill, now before Parliament, as an opportunity to make the change. It also wants police to be given powers to breath test anywhere and at anytime.
Its message to the Government is that action is necessary, given that drink-drive deaths are at their highest since 1992, with 590 people killed in drink-drive accidents in 2004.
It is estimated that cutting the blood/alcohol limit to 50mg would save 65 lives and 230 serious injuries a year, Britain remains 1 of only 4 countries of 15 in the EU with a level above 50mg.
Statistics collated for England and Wales in December 2005 were:
133,136 drivers breath tested, of whom 9,275 tested positive (7%);
total number of breath tests carried out on drivers involved in collisions during the same period was 15,635, of whom 1,344 tested positive (8.6%); after “fit to drive” tests on 540 drivers suspected of being impaired while driving under the influence of drugs, 178 were subsequently arrested for drink or drug impairment offences (33%).

COMMENT
“300 people caught drinking and driving each day in December shows far too many think they can get away with drinking and driving. They believe the current legal limit of 80mg is a safe one and it is not. We want to see the limit reduced to 50mg, because between 50mg and 80mg you are 2 to 2.5 times more likely to be involved in an accident and 6 times more likely to be in a fatal crash than with no alcohol in your system.
Cutting the limit would hopefully deter people from risking their licences, even if they were not afraid of risking their lives. If people ignore drink-drive messages when high-profile publicity campaigns are being run, it is frightening to think what they do at other times of the year.
The number of people caught for driving under the influence of drugs also shows this is a growing problem which needs to be addressed through education and enforcement.” - RoSPA Head of Road Safety.

FINE OF £40,000 FOR EXPOSING WORKERS TO UNGUARDED MACHINERY
Posted Sunday, January 22, 2006 by Ahmed Khan
The Amtico Company Limited of Coventry has landed a hefty fine at Warwick Crown Court after pleading guilty to a breach of S.2(1) of the Health and Safety at Work etc Act 1974, a consequence of failing to take effective measures to prevent access to dangerous parts of machinery in order to avoid the risk of serious injuries.
Amtico must find £40,000 plus costs of £8,567, during December 2004 a machine operative was drawn into in-running nip rollers at the pre-embossing station of a laminator machine as he was threading a piece of PVC in between 2 rollers. He became trapped and latent heat from the rollers caused a 3rd degree burn injury to his forearm.
Investigation by HSE officials established that a fixed guard for the machine had never been put in place.

HSE LISTENS TO BUNCEFIELD BUSINESSES
Posted Sunday, January 22, 2006 by Ahmed Khan
HSE's investigation manager has attended a routine meeting at Dacorum Borough Council to listen to the concerns of owners of businesses in proximity to the Buncefield oil depot, the site of a devastating explosion and fire on 11th December 2005.
The HSE is leading a joint investigation with the Environment Agency which it says will be detailed, thorough and wide-ranging, and it is expected that this will be supervised by a board chaired independently of both organisations and including 2 other independent experts. HSE also expresses confidence that it and the EA 'should be able to identify the root cause of the incident in due course.'

STATEMENT
The following is part of a statement issued by HSE. - "Work carried out immediately after the incident, in advance of the formal establishment of the Investigation Board, has been essential to ensure evidence is not lost, damaged or corrupted by the elements. As the site has become stabilised we can concentrate more on gathering the evidence and pressing ahead to find out exactly what happened. An important task is to examine the electronic and CCTV records. Work has begun on this and we hope they provide meaningful evidence about operating conditions on site.
The investigation onsite is a complex operation given the devastation, but we are using a wide range of specialists to gather and analyse evidence systematically to ensure we fully understand what happened and establish root causes.
In terms of early indications, as you know there has been press speculation about the possibility of a vapour cloud enveloping the site and initiating the explosion. We are pursuing this line of inquiry - though there are others that we cannot yet discount with certainty.
It is our intention that the investigation will be carried out in a transparent way and will liaise closely with all the stakeholders, both on and off-site. We have appointed a community liaison officer to increase access to the investigation and to make sure we are aware of the concerns of the business and residential community.
We understand that the incident affected a multitude of interests off-site. We know we must keep those people, local residents and others who have key decisions to make as a result of the incident, informed of the investigation's progress. We intend to make available our initial findings and progress within weeks and will publish a full report on the incident as soon as practicable.
Planning matters concerning any redevelopment on site and indeed rebuilding damaged properties close to the site are the primary responsibility of Dacorum District Council.
HSE continues to have an important role in advising all planning authorities about the risks from major hazard sites, such as Buncefield.
Events such as this are extremely rare. We cannot say that the final report will not provide a basis to changing the technical and policy basis of our planning advice to the Council. But equally, at this stage we cannot say that there will be any change to our advice either."

ENGAGEMENT WITH CURRICULA AUTHORITIES BEARS FRUIT
Posted Sunday, January 22, 2006 by Ahmed Khan
A report on a study of the health and safety content of curricula materials - A Review of National Curriculum (5-16 yrs) Guidance of England, Scotland and Wales, report number HSL/2005/25, has been published, it concludes that there has been a comprehensive inclusion of health and safety issues throughout the curricula literature and related materials that can be attributed to the influence of the HSE.
The researchers sought to identify the current stakeholders influencing the shape of primary and secondary education, any documentary guidance produced by them, and to assess the risk education content of relevant documents.
It is noted, however, that where risk education does feature in the teaching Schemes or Guides and planning materials, it is mostly treated as a sub-topic and rarely constitutes the main motivation for the lesson. A recommendation is made by the authors that the school curricula could include more topics with risk education as a principal focus.
It is also suggested that teachers may benefit from additional practical advice on best practice for risk communication in school contexts.

BETTER BUSINESS CAMPAIGN
Posted Sunday, January 22, 2006 by Ahmed Khan
The HSE Better Business campaign is underway and enjoys a dedicated website where the case for achieving financial savings through adopting improved health and safety practices is propounded.
Back-up is provided with a phone contact to HSE, and simple steps are set out for small businesses who wish to better manage health and safety.

ELECTROCUTION WAS AVOIDABLE
Posted Sunday, January 22, 2006 by Ahmed Khan
A 31-year-old workman lost his life, electrocuted when overhead power cables discharged through him as he operated uninsulated tools too close to the cables.
The accident occurred during April 2004 at the Tonbridge, Kent, premises of RDJ Colloids Limited, the deceased had been trimming back the top of a hedge with another employee, he was clearing the cuttings at the top of the hedge when he was electrocuted.
HSE investigation established that safety management on site was of a poor standard, an official described the incident as an accident waiting to happen, a consequence of a failure to carry out any risk assessments or provide guidance or supervision to contractors. The men worked without the benefit of a safe system of work which would have been the product of sensible risk management and HSE advice.
RDJ Colloids Limited was fined £17,500, with costs of £7,500, at Maidstone Crown Court after pleading guilty to breaching of S.3(1) of the Health and Safety at Work etc Act 1974.

DEATH OR PERMANENT DISABILITY TOO OFTEN THE OUTCOME OF FALL FROM HEIGHT ACCIDENTS
Posted Sunday, January 22, 2006 by Ahmed Khan
An industrial accident on 21st January 2005, at a construction site during the extension of the English Provender Company Ltd's factory premises in Newbury, resulted in serious injury and, sadly, permanent loss of mobility for a worker in his 50's.
He was working alone on a long ladder at a height of 5.7 metres when it slipped back on the smooth concrete floor, throwing him to the ground where he broke his back.
HSE investigation led to prosecution of employer Barrington McDonnell Ltd, who pleaded guilty to breaching S2(1) of the Health and Safety at Work etc Act 1974 for which it was fined £2,500, with costs of £1,888, at West Berkshire Magistrates' Court.

NORTHERN IRELAND'S IMPROVING SAFETY PERFORMANCE
Posted Sunday, January 22, 2006 by Ahmed Khan
HSENI’s Annual Report and Statement of Accounts for April 2004 to March 2005 confirms an improving workplace safety performance in Northern Ireland between 2000 and 2005, the total number of injuries at work reduced by 20%.
The report notes that HSENI’s inspectors carried out around 6,500 inspection and investigation visits last year, up from 5,000 in the previous year, an increase of almost 30%.
Enforcement activity increased, with the number of enforcement notices issued by inspectors requiring corrections to serious health and safety contraventions up from 288 in 2003/04 to 346 in 2004/05, a rise of 20%.

COMMENT:
“This is a very significant reduction in the number of reported work-related injuries. Whilst one must always remain cautious against reading too much into statistics, I see the continuing downward trend as a clear endorsement of the innovative and challenging approach being adopted by HSENI since its establishment as the regional authority for health and safety in 1999.
This approach is based on 3 complementary strands; the provision of advice and assistance; the recognition of good practice and the relentless pursuit of those who blatantly flout the law. This has proved to be a very successful model and one which we will continue to build on into the future. Credit must also be paid to the work undertaken by HSENI’s enforcement partners, the District Councils, who have supported HSENI in its drive to tackle the priority issues and have undoubtedly contributed to the improvements seen over recent years.
These statistics demonstrate clearly that HSENI can by no stretch of the imagination be described as ‘a toothless watchdog’. Whilst we will certainly assist and encourage those employers who want to improve their health and safety management, our inspectors will use their considerable enforcement powers whenever appropriate to ensure that others less willing are not allowed to escape their legal duties to protect their workers.”- HSENI’s Chairman.

WORK FOUNDATION CRITICAL OF GOVERNMENT'S HEALTH AND WORK STRATEGY
Posted Sunday, January 22, 2006 by Ahmed Khan
The Work Foundation's newly published report, Healthy work: Productive workplaces, expresses the view that the government's healthy workplaces strategy is flawed, lacking cohesion and carries little prospect of making an impact on the real issues affecting health and productivity, failing to tackle the whole system and not just symptoms in isolation.
The authors cite HSE's work on Stress Management Standards as an example of a case involving 'several different Government agencies and social partners who too often don’t work together', it is suggested that the HSE should work more with social partners to help smaller companies in particular improve their job design and management skills.

COMMENT
"If work is one of the major routes to both a healthier population and a more productive one then government must sort out the muddle of agencies by creating a clear strategic framework, transparent policy objectives and a route map that all can follow." Associate Director of The Work Foundation.
"There is no debating the connections between employment and health - and, crucially, health inequalities. There are some laudable government initiatives, but what is urgently needed is strong political leadership to drive forward a truly progressive agenda - and a deeper understanding of how quality of life and economic growth can and should be mutually reinforcing." - Programme Manager - London Health Commission.

'UTTER DISGRACE, ... MOST SHAMEFUL' - SHERIFF BEMOANS LACK OF LEGAL COMPULSION FOR LIFEJACKET WEAR BY COMMERCIAL FISHERMEN
Posted Sunday, January 22, 2006 by Ahmed Khan
The Stornoway Sheriff presiding at the fatal accident inquiry of a commercial fisherman, who drowned during December 2004 when his vessel, Audacious, sunk following a collision with a rock outside the town's harbour, has called for the development of a personal flotation aid that would be universally acceptable to commercial fisherman.
He also termed it to be an 'utter disgrace' that there was no legal compulsion for fishermen to wear such equipment, at least while on deck, unlike in the Republic of Ireland where this has been law for some years.
The man who drowned was in his 20's and had a blood alcohol level approximately twice that permitted to drive a car, 2 colleagues managed to swim to shore.

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