December 2002

BASF FINED £20,000 OVER FATAL ACCIDENT
Posted Monday, December 23, 2002 by Ahmed Khan
Derek Tuck, 41, an employee of BASF at its operation at Seal Sands, near Hartlepool, died of the effects of inhaling cyanide gas while undertaking sampling there three years ago. The company was fined £20,000 with £4,151 costs for breaching the requirements of the Health and Safety at Work Act, but the HSE emphasises that the charge admitted by the company didn't relate directly to Mr Tuck's fatal accident. The company employed a system for hydrogen cyanide sampling that was insufficiently safe and the risk assessment was not suitable and sufficient.
Peter Hanlon, HM Inspector of Factories described BASF's sampling procedures as below acceptable standards, adding: "The company had many opportunities over many years to improve their systems."
In a statement BASF said: "Operations have subsequently been amended to improve safety, as part of the company's total commitment to Responsible Care, the stringent safety code adopted by the chemical industry throughout the world."
The company has since invested heavily in that area of operation.

HAZARDOUS ACTIVITIES - SHOULD SOCIETY BE CONCERNED?
Posted Monday, December 23, 2002 by Ahmed Khan
Taking account of societal concerns is an established part of HSC/E's approach to arriving at decisions on the degree & form of regulatory control of hazardous activities. The HSE has commissioned research to assist it develop a more systematic & analytical approach to the matter.
Beyond the immediate concern of individuals affected directly, some hazardous activities also give rise to societal concerns where activities impact on society as a whole through a threat to our social fabric if the risk from the hazard were to be realised.
To develop & refine a way of dealing with societal concerns in decision-making, the HSE's Risk Policy Unit commissioned the work to determine the nature & origins of 'societal concerns' & consider mechanisms for incorporating them into the decision-making process.

Taking Account of Societal Concerns about Risk: Framing the Problem describes the different groups HSE must contend with in its role as a risk regulator & the significance of the different types of risk about which those groups are concerned. The report concludes that an insightful institutional risk manager seeks to take into account, to the maximum extent possible, the perspectives of all the stakeholders concerned with the risk.
Understanding and responding to societal concerns - societal concerns were characterised according to their nature. A number of theoretical models of risk perception were described & from this a number of common strands & conclusions were drawn that incorporate societal concerns into decision-making. In particular, in a democratic society, plural preferences on risk must be expected, heard & encouraged.

Copies of Taking account of societal concerns about risk: Framing the problem RR 035 ISBN 0-7176-2153-7 and Understanding and responding to societal concerns RR 034 ISBN 0-7176-2154-5 are available priced at £15.00 each from HSE Books, and are available on HSE website at www.hse.gov.uk/research/index.htm .

US-TYPE SCHOOL BUSES FOR GREATER MANCHESTER!
Posted Monday, December 23, 2002 by Ahmed Khan
School children in Stockport will soon be traveling to school in 6 American-style yellow school buses thanks to a pilot scheme organised by Greater Manchester Passenger Transport Authority and operated by bus company First.
All drivers will be designated a regular route to foster customer familiarity & have undergone specific training in the 67-seater buses, which feature seat belts, CCTV & allocated seating, which rated highly in pre-launch approval survey among students, who expressed concerns also over vandalism, smoking & bullying.
The authority hopes that a successful operation will also curb parental urge to drive pupils to & from school.

HSE LEARNS OF HEAVY EQUIPMENT HITTING NUCLEAR SUB IN DRY DOCK
Posted Monday, December 23, 2002 by Ahmed Khan
The HSE is reportedly seeking sight of an investigative report into the circumstances surrounding the collision of heavy equipment & nuclear submarine at Devonport Dockyard which necessitated a visit for inspection by the Nuclear Installations Inspectorate.
In particular they are said to be looking at a system of work employed by the Yard owners. Devonport Management Ltd (DML) deny any risk to safety during the refit which the submarine, HMS Vanguard, has its nuclear reactor refuelled.
DML has cultivated a special technique to facilitate this operation whereby the submarine enters dry dock stern-first enabling reactor access equipment to be moved on rails & positioned over the reactor to extract the fuel rods. It appears this structure collided with the submarine.
Last month the Dockyard featured in the news when radioactive water leaked from the sub into the dock.

SEASONS GREETINGS!
Posted Saturday, December 21, 2002 by Ahmed Khan
AS CHRISTMAS APPROACHES, WE WOULD LIKE TO TAKE THIS OPPORTUNITY TO THANK ALL OUR CUSTOMERS FOR THEIR SUPPORT DURING 2002 & TO WISH YOU ALL A VERY HAPPY CHRISTMAS AND A PROSPEROUS NEW YEAR - FROM EVERYONE AT SIMPLY WORKWEAR LIMITED.

HSE PUBLISHES RAILWAY SAFETY ANNUAL REPORT 2001/2
Posted Saturday, December 21, 2002 by Ahmed Khan
The HSE's latest annual report on railway safety relates evidence of some improvement. The report on Britain's railways for 1 April 2001-31 March 2002, describes the work of HM Railway Inspectorate (HMRI) & confirms national incident & injury statistics & analysis of safety issues.
"Overall, this report confirms that the safety record of the railways continues to improve, with progress in a number of key areas. This is the first reporting period since 1998/99, for example, when there were no train incidents causing multiple fatalities," says Alan Osborne HSE's new Director of Rail Safety, "The Potters Bar derailment in May, in which 7 people died, is a reminder that we cannot afford to be complacent. Nevertheless, there were improvements in 2001/02 - & these were against a significant rise in passenger & freight mileage. Fatalities (excluding trespassers & suicides) were down 18% - from 39 to 32; total injuries to passengers & staff were down 8% & total train incidents fell by 5%, from 1,801 to 1,704."

KEY FACTS FROM THE REPORT
There was a reduction in signals passed at danger (SPADs) on Railtrack infrastructure, from 475 to 436 (down 8%). Broken rails were down by 23%, from 729 to 560. 'Route crime' continued to be a primary cause of train incidents, with 54% (921 of 1,704) due to vandalism & 58% of train fires (170 incidents) due to arson. Deaths at level crossings rose from 9 in 2000/02 to 11. 4 track workers were killed (up from 2 in 200/01). 275 members of the public died as a result of trespass & suicide (down 25). 3 children died trespassing: down 7 & the lowest figure on record. HMRI carried out over 2,700 planned inspections & gave over 400 approvals of new works. 15 safety cases from new railway operators were submitted for assessment. HMRI staff rose from 145 in March 2001 to 186 in March 2002. Inspectors served 129 enforcement notices (including 24 prohibition notices). This was up 78 on 2000/01 & the largest number ever issued. 13 prosecutions for breaches of health and safety law were concluded, with fines totalling £469,000 imposed.

LOOKING FORWARD
Mr Osborne continued: "The year under review was not uneventful, either for the industry or HMRI. In April 2001 memories of Hatfield & Great Heck were still fresh & there was a programme of inspection & rail renewal to complete; in June & September the Ladbroke Grove & Joint Train Protection Inquiries reported, ending a period of some uncertainty & enabling both HSE & the industry to focus on major work programmes. Railtrack PLC went into administration in October; & in December HMRI accepted London Underground Ltd's revised safety case.

Looking forward, HSE will continue to meet public demand for firm action from an independent regulator. HMRI will also continue to work flexibly & responsively with stakeholders to enhance our role in rebuilding confidence in the railways as a safe & reliable means of transport. We have improved consultation processes with government partners & the creation of the new Railway Safety and Standards Board (RSSB) will provide a focal point for discussions with industry. It is only through better co-operation, co-ordination & communication by all players that we will see improvements in prioritising & tackling the high risk areas."

Copies of Railway safety: HSE's annual report on the safety record of the railways in Great Britain are available from HSE Books and is also available on the HSE website at:
www.hse.gov.uk/railway/railsafety0102.pdf .

OPERATION SAFE PASSENGER REVEALS LAX SAFETY STANDARDS IN TAXIS!
Posted Saturday, December 21, 2002 by Ahmed Khan
Operation Safe Passenger, a joint venture between Hyndburn Council in Lancs & Accrington Police Station, revealed an alarming failure rate of 66% in the roadworthiness of the 12 private hire & Hackney carriage vehicles tested at the council's central vehicle maintenance unit.
8 of the vehicles were suspended forthwith with faults ranging from minor lighting defects to defective tyres. One vehicle, licensed by Burnley Council, was in such poor condition that it required to be towed away for repairs.
2 drivers, believed to be without tax discs, were prosecuted, cautionary letters went to all others in breach of the council's licensing conditions.
Hyndburn Taxi Cab Association felt that the tests were too stringent & was critical of the timing, between 6 & 10 pm.
The Council, which issues 62 Hackney & 230 private hire licenses annually, promises to repeat the exercise as part of an endeavour to maximise passenger safety & raise cab standards to the highest level.

COUPLE DIE FROM CARBON MONOXIDE
Posted Saturday, December 21, 2002 by Ahmed Khan
Two people have died as a consequence, it is thought, of carbon monoxide poisoning in a Leicester dwellinghouse in Saffron Road, South Wigston.
Transco engineers were called out to check a possible gas leak as one neighbour spoke of a tremendous smell of gas.
The incident was attended by a large number of the emergency services but the couple, believed to be aged around 60, later died in hospital.

G'DAY SPORT - EMPLOYERS URGED TO ACT AS 'COPS'!
Posted Saturday, December 21, 2002 by Ahmed Khan
A Queensland regional traffic co-ordinator, Inspector Brian Richardson, has called for Aussie employers to shoulder responsibility for employee safety in the wake of the seasonal office party & suggested an extension of health and safety regulations to bring transport in particular under this umbrella.
"No one is going to crook at anyone for having a couple of beers after work, but especially with Christmas time, workplace health and safety rules should be extended to include any workplace party."

Such a notion went down like a lead balloon with the Chamber of Commerce, whose president Peter Duffy opined that any legislation requiring responsibility of employers for after-work functions transport could open a floodgate of liability tempting employers to drop such functions.
"If we ask employers to be the policeman on the beat at social functions, it will be viewed adversely by them & employer groups. It would extend liability for employers where they should not have an obligation."
A spokeswoman for the Department of Industrial Relations said that the responsibility of employers is limited to providing a safe working environment & once an employee left the workplace, other laws & responsibilities applied to the individual, such as road rules.
Nevertheless, the inspector's comments raised the matter of whether the employer, while not necessarily having a mandatory requirement to provide, say, a transport plan for such occasions, might wish to exercise a moral prerogative in this respect.

MANAGING ASBESTOS - GUIDANCE PUBLISHED
Posted Friday, December 20, 2002 by Ahmed Khan
There may be as many as 500,000 non-domestic premises in the UK that contain asbestos materials. To raise awareness of the duty to manage, and to promote effective compliance, HSE has published important guidance to explain the ways in which the new duty to manage asbestos can be met.
The new duty in the Control of Asbestos At Work Regulations 2002 (CAWR), will require those with responsibilities for the repair and maintenance of non-domestic premises to find out if there are, or may be, asbestos-containing materials within them.
There is a requirement to record the location and condition of such materials, and then assess and manage any risk from them, including passing on information about their location and condition to anyone liable to disturb them.
An 18 month lead in period for the duty has been built into the legislation, but HSE makes it clear they want people to start work on this important task now.

ASBESTOS RELATED DISEASES
Minister with responsibility for health and safety, Nick Brown, comments: "Asbestos is the most serious occupational health problem, in terms of fatal disease, that the country faces. In the 30 years between 1968 and 1998, 50,000 people died in the UK from asbestos related diseases. The human suffering and misery behind those terrible figures continue today. There is no medical intervention for those already exposed. But we can certainly do much to prevent exposures today and prevent painful and prolonged illness and death in the future.
If current levels of exposure are allowed to continue over the next 50 years, nearly 5,000 people will die from asbestos related diseases. These regulations should go a long way towards preventing this human suffering and misery."

ACoP
A new Approved Code of Practice (ACoP) has been produced to support regulation 4 of CAWR. The management of asbestos in non-domestic premises L127 gives advice on how to comply with the new legal requirements and explains the duties of building owners, tenants and anyone else with legal responsibilities for non-domestic premises. It highlights the flexibility of the new regulations to cover a range of situations and to allow a proportionate approach to be taken to managing the risks from asbestos. For example, it stresses that asbestos in good condition, which is unlikely to be disturbed, should be left in place and managed.
The free leaflet Managing asbestos in premises INDG223 has been updated and retitled A short guide to managing asbestos in premises . [690kb] Aimed at those with smaller, less complex premises, it provides background information on why asbestos can be a risk to health, and where it is found, and gives basic, practical advice on managing the risks from asbestos in premises.
The new guidance booklet A comprehensive guide to managing asbestos HSG227 is aimed at dutyholders in more complex organisations and expands on the guidance given in the free leaflet. The guidance helps dutyholders decide what immediate steps they need to take to manage asbestos on their premises as well as giving advice on developing a management strategy to ensure full compliance with the new duty. The guidance is illustrated by the use of case studies and worked examples.

BUILDING-RELATED TRADES
The duty will provide a new level of protection for those working in the building-related trades and others at risk from asbestos in buildings and will contribute to the saving of almost 5,000 lives through eliminating risks from asbestos in the non-domestic sector.
HSE's head of asbestos policy, Bill MacDonald says: "The guidance will ensure that every dutyholder can access information about what the new duty to manage will mean to them – and what they must do to comply. This advance notice will give them sufficient time to do so. I would urge all those affected to make sure they fulfil their legal and moral responsibilities."

GUIDANCE LITERATURE
The 2 approved codes of practice (ACoPs) that supported the Control of Asbestos at Work Regulations have been revised. In particular they introduce improved requirements for the provision of training and for clearance procedures following asbestos work. As well as being updated to reflect current good practice, some minor changes were necessary to implement the health requirements of the Chemical Agents Directive (CAD) (insofar as they relate to asbestos). The ACoP providing general advice on the Regulations formerly titled The control of asbestos at work L27 has been revised and retitled Work with asbestos which does not normally require a licence. The ACoP covering work on high-risk materials has been revised but retains the title Work with asbestos insulation, asbestos coating and asbestos insulating board L28. Copies of The management of asbestos in non-domestic premises Regulation 4 of the Control of Asbestos at Work Regulations 2002 L127, ISBN 0-7176-2382-3, price £9.50; A short guide to managing asbestos in premises, INDG223, free of charge; A comprehensive guide to managing asbestos in premises HSG227, ISBN 0-7176-2381-5, price £12.50; Work with asbestos insulation, asbestos coating and asbestos insulating board (fourth edition) L28, ISBN 0-7176-2563-X, price £9.50; Work with asbestos which does not normally require a licence (fourth edition) L27, ISBN 0-7176-2562-1, price £9.50; are available from HSE Books.

CONTRACT WORKERS OVERCOME BY CHEMICALS
Posted Friday, December 20, 2002 by Ahmed Khan
Five workers under contract from Calne Engineering required hospitalisation in Bath after being overcome by a mixture of Caustic soda & Trichloroethylene at Chippenham Community Hospital in Wiltshire.
The men had experienced breathing difficulties after the accidental mix of chemicals & the emergency services had to isolate their workwear & effectively decontaminate them using showers.

VISITOR DEATH IN CLUTTERED YARD LEADS TO £32,500 FINE
Posted Friday, December 20, 2002 by Ahmed Khan
Midlands company Woolley GMC Engineering, of the Bayton Road Industrial Estate in Exhall, has been fined £25,000 (with costs of £7,500) over the death of a visiting delivery driver, aged 56 who died in January after being struck by a forklift truck.
The company pleaded guilty to failing to meet the requirements of health and safety legislation in that they failed to properly protect employees & persons not in their employment, as the court heard of an air of disorganisation about the premises.
"The site was far too cluttered & congested, there was no site policy for employees in the yard & no written regulations for visiting drivers," said Peter Mair for the prosecution.
"There were no traffic routes or barriers. There were, for instance, no markings on the surface to indicate safe routes. There were no mirrors in the yard to assist with blind spots & no high visibility jackets were worn by employees in the yard or by visiting personnel.

AN ACCIDENT WAITING TO HAPPEN.
The company's early tender of a guilty plea, a previous good accident record & an early attention to rectifying breaches were accepted in mitigation.

SAFETY HARNESS AND LANYARD WEBBING
Posted Friday, December 20, 2002 by Ahmed Khan
The Health and Safety Laboratory has published the following reports on their website:

HSL/2002/16 ASSESSMENT OF FACTORS THAT INFLUENCE THE TENSILE STRENGTH OF SAFETY HARNESS AND LANYARD WEBBINGS

HSL/2002/17 ASSESSMENT OF FACTORS THAT INFLUENCE THE TENSILE STRENGTH OF SAFETY HARNESS AND LANYARD WEBBINGS - SUPPLEMENTARY INFORMATION

SOME LOCAL AUTHORITIES NOT PULLING THEIR WEIGHT IN FIGHT TO MEET REVITALISING TARGETS!
Posted Monday, December 16, 2002 by Ahmed Khan
HSC Chair Bill Callaghan has praised some local authorities (LAs) & urged others to examine their response to 'Revitalising' in the effort to improve health and safety in LA-enforced workplaces.
Addressing council leaders & chief executives at the Health and Safety Executive Local Authority Enforcement Liaison Committee (HELA) annual conference - Health and Safety Enforcement – Helping LAs Deliver, he emphasised how urgent action was needed if they were to contribute fully to achieving the targets set in the 'Revitalising' programme.

LOCAL AUTHORITY ACCIDENT & ENFORCEMENT - WHAT'S HAPPENING ON THE GROUND?
LA health & safety resources continue to decline & as workloads increase (in terms of premises per Full Time Equivalent (FTE) inspector) there has been a corresponding reduction in overall enforcement activity (including visit rates & formal notices). However, there is continuing evidence of better targeting by LAs of premises of highest risk, an increase in handling requests for service & the rate of visiting per FTE inspector has been maintained. More LAs have indicated using agency staff to carry out health and safety duties, 21% in 2000/01 compared with 15% in 1999/2000.
Over the past 5 years there has been a rising trend in the number of reported fatal injuries to members of the public. Overall, figures for individual industry sectors generally fluctuate year on year with no rising trend, although there has been an increase in residential care homes in 2001/02 (from 6 to 16). In contrast, across all industry, non-fatal injuries to the public, excluding suicide or trespass on railways, increased by 41% between 1996/97 and 1999/00 and have decreased by 33% over the last 2 years.
The trend in fatal injuries to employees over the past 10 years is downward. Set against that trend, the decrease in 2001/02 is not statistically significant. Across all industry, the rates of fatal injury to employees in 2000/01 and 2001/02 are above those expected had the downward trend of the 1990s continued.
Rates of reported major & over-3-day injury to employees have generally decreased in each of the past 5 years. However, 2001/02 provisional figures show a substantial increase (18%) in the major rate & a marginal increase (1%) in the over-3-day rate. Across all industries, the rates of major & over-3-day injury decreased between 1996/97 and 2000/01, but with a greater drop in the major rate. In 2001/02 the rate of major injury remained similar, while the rate of over-3-day injury fell by almost 6%.
LFS rates of non-fatal injury have increased marginally since 1998/99 and are expected to increase again in 2001/02. The overall picture for non-fatal injuries to employees suggests a small improvement in reporting in 2001/02 but potentially a greater relative improvement in reporting of major injuries compared with over-3-day. Across all industry, reporting levels are expected to be lower again in 2001/02, however the relative change in major versus over-3-day injury rates is also apparent.

DECLINE IN ALLOCATED RESOURCES
The HELA Annual Report 2002 & the HELA National Picture 2002 shows a worrying decline in resources allocated nationally to health and safety enforcement by LAs. It also showed a reduction in inspection & enforcement activity.
The 'Revitalising' injury indicator (rate of reported fatal & major injuries adjusted for reporting levels) for the mainly LA-enforced sectors reduced by 17% between 1996/97 and 1998/99 from 237.5 to 196.5. However, the rate increased by 6% in 1999/00 to 207.6 & despite remaining relatively stable in 2000/01 is expected to increase substantially in 2001/02 (to 239.3). This increase is due to the large increase in the major rate compared with the estimated small improvement in reporting of non-fatal injuries overall. Copies of the HELA Annual Report 2002 are available at http://www.hse.gov.uk/lau/index.htm .

WHAT MR CALLAGHAN SAID
"I challenge chief executives & leaders of councils to act now to reduce this decline in trained & competent staff allocated to health and safety & to enable local authorities to play their part in reducing the number of deaths & injuries in the premises for which they are responsible.
A more balanced risk-based approach to allocation of resources is needed. This requires education of the public, service managers & politicians, particularly elected members, to better understand the difference between hazard & risk. This is needed to appreciate the simple economic benefits – as well as the morality – of reducing & controlling health and safety risks, thereby providing safer workplaces & a healthier workforce."

On the programme of audits to closely monitor LAs' management of health and safety enforcement -

"The first year has focused on those local authorities identified as possible poor performers. This approach will continue & if a council fails to reach the required standard, HSC will intervene. A report of this intervention would be presented to ministers & be made public. The HSC will take positive action."

HELA REVIEW
"As part of the process of seeking more effective ways of engaging LAs, the HELA Committee has agreed that it should undergo a fundamental review. There have been a number of substantial changes in local government & in HSE since the last review & the general consensus is that it is time to look again."

RECOGNITION OF HARD WORK
"I would also ask you to work with me to tackle those that do not have the same commitment. This will require tenacity, perseverance & mutual support amongst the 400-plus local authorities, HSE/HSC, government & other stakeholders."


COUNCIL REVIEWS REFUSE COLLECTION OPERATION AFTER FATAL ACCIDENT
Posted Monday, December 16, 2002 by Ahmed Khan
Aberdeen City Council awaits the outcome of deliberation by the authorities to find out if they are to face prosecution over the death of Alex Mackie, 74, who was struck by a refuse collection vehicle off the city's Lemon Place in July.
In the light of their own investigation, an external consultant was engaged to look closely at their refuse collection operation.
According to a Council spokesman: "We started production of a handbook for staff in this department around a year ago. This is currently being expanded. Due to current demands in resources, a consultant has been brought in to speed up the process."

WORKPLACE TRANSPORT ACTIVITIES LEAD TO JOB STOPS
Posted Monday, December 16, 2002 by Ahmed Khan
Suitably, in the week that Regulations 25 to 30 of the Provision and Use of Work Equipment Regulations 1998 came into force for mobile work equipment provided before 1998, an HSE blitz in the Southend area led to a distribution of notices of both varieties on its construction sites.
HSE inspectors issued 9 notices requiring improvements & in 5 cases the risk from a particular activity was so serious that inspectors took immediate action to stop work.

NOTICES ISSUED
5 prohibition notices - where work on the activity concerned must stop until the risk is addressed, 3 concerned workplace transport, including one for a broken mirror on a JCB which reduced the driver's visibility & thereby put workers at risk. The other 2 were issued for working at height without edge protection & a lack of hot running water for operatives working with cement.

4 improvement notices - 3 of which concerned workplace transport issues - 2 instances where companies did not have effective traffic management plans to control the separation of vehicles & pedestrians & another for a dumper with no roll over protection system or seat restraint, while the 4th notice required training for scaffold inspectors.

STRIVING TO REDUCE RISKS
Commenting on the visits HSE Inspector Matthew Tackling said: "We concentrated on how transport, traffic & mobile equipment such as diggers were being managed on site, as accidents involving transport at work are one of the biggest killers in the construction industry. Generally we found good standards & most companies had put a lot of effort into making this type of work safe.
However we did find areas of serious concern on some sites & had to take action to ensure improvement. This was disappointing. Companies should be continually striving to reduce risks to their workers, subcontractors & the public."

Inspectors visited 27 sites during the course of the week covering the Southend area & extended as far as Rayleigh, Hockley, Leigh, Westcliffe & Rochford.

BE JOLLY CAREFUL OVER FIRE RISKS!
Posted Monday, December 16, 2002 by Ahmed Khan
HM Chief Inspector of Fire Services, Sir Graham Meldrum's, seasonal message is to be jolly careful over fire risks. "Most fires in the home can be easily avoided by following simple fire safety advice. And always make sure you have a working smoke alarm on each level of your home."
In a month in which candle fires double, houses can be full & people more easily distracted, the critcial advice is:

DON'T LEAVE FAIRY LIGHT SWITCHED ON WHEN YOU GO OUT OR RETIRE FOR THE NIGHT.
DON'T OVERLOAD PLUG SOCKETS.
SECURE CANDLES IN PROPER HOLDERS, DON'T LEAVE UNATTENDED & KEEP WELL AWAY FROM WRAPPING PAPER AND CARDS.
ENSURE SMOKERS EXTINGUISH BUTTS.
TAKE EXTRA CARE WITH ALCOHOL.
CHECK SMOKE ALARMS ARE POWERED.
HAVE AN EMERGENCY EXIT PLAN WITH DOOR & WINDOW KEYS.
REMAIN ESPECIALLY VIGILANT WHILE COOKING

For further information on Christmas safety & fire safety in general visit www.firekills.gov.uk .

STARTLING DOMESTIC FIRE STATISTICS!

December features 5,400 accidental domestic fires, leading to 40 deaths & 1200 injuries.
Candle fires double from a 150 average to 331.
400 people die & 12,500 are injured annually in domestic fires, with 68% of the fatalities having no smoke alarm.
50% of deaths occur between 22.00 and 08.00.
59% of fires feature a kitchen locus.
Young households (16-24) are at greatest risk.
Cigarettes are the grestest single cause of fire.
Smoke or gas inhalation (46%) is the most common cause of death.

SPORTING GOVERNING BODY ACCEPTS VICARIOUS LIABILITY FOR AMATEUR REF'S FAILURE IN DUTY OF CARE!
Posted Monday, December 16, 2002 by Ahmed Khan
The decision at the High Court in London that an amateur referee in amateur sport has a duty to take reasonable care for the safety of players has far reaching ramifications in sport.
Richard Vowles, 29, an amateur rugby player now paralysed & requiring 24-hour wheelchair care after severely injuring his spine in a rugby match, has won his right to compensation from the Welsh Rugby Union who accepted "vicarious responsibility" for the match referee's failure to deal with the issue of uncontested scrumming in the match in which Mr Vowles was injured.
The issue pursued by Mr Vowles, a former Commonwealth Games boxer who had acquired a professional licence prior to this accident, centred on the collapse of scrums by inexperienced players late in a match in adverse weather conditions.
Judge Mr Justice Morland regarded referee Evans' decisions to leave scrums uncontested with an inexperienced hooker opposed to Mr Vowles as a breach of a duty to take reasonable care of the front row forwards.

CONSTRUCTION SAFETY CONFERENCE IN WEST WALES A SUCCESS
Posted Monday, December 16, 2002 by Ahmed Khan
Over 110 people have attended a construction safety conference in Haverfordwest, a joint initiative of the HSE & the Institution of Occupational Safety and Health (IOSH). Construction companies attending benefited from workplace advice from both organisers & the theme of the event was the importance of working together to make construction a safer industry. A video was shown of the tragic human toll that accidents cause, reinforcing the idea that there is no alternative other than to press for improvement.
Chris Ward, Principal HSE Inspector for Wales said: "Delegates that came to the conference showed their support by committing themselves to the idea of a Working Well Together Safety Group in West Wales. I will work towards this by involving local councils and the industry associations, including the Federation of Master Builders, the National Federation of Builders and the Civil Engineering Contractors Association."

Mr Ward spoke to delegates: "I was pleased with the attendance & see it as a positive step towards safety in the construction industry. Many accidents on building sites are preventable if construction companies are aware of potential hazards & we put that awareness into practice. Health & safety should be as much a part of the construction industry as product quality & profit. It is possible that with simple measures in place, such as wearing hard hats & the correct footwear, we would see a reduction in the number of accidents on building sites. Similarly, the biggest killer on construction sites is falls from heights, so we encourage safe means of access other than ladders."

FIRE & EXPLOSION RISKS - NEW LEGISLATION NOW IN FORCE
Posted Monday, December 16, 2002 by Ahmed Khan
New regulations to control fire & explosion risks from dangerous substances & potentially explosive atmospheres came into force last week.
The Dangerous Substances and Explosive Atmospheres Regulations 2002 (DSEAR) will apply to all dangerous substances at nearly every business in the UK, setting minimum requirements for the protection of workers from fire & explosion risks related to dangerous substances & potentially explosive atmospheres.
The free leaflet, Fire And Explosion - How Safe is Your Workplace: A short guide to the Dangerous Substances and Explosive Atmospheres Regulations, is available to assist small and medium-sized businesses & a DSEAR web page is at: www.hse.gov.uk/spd/content/dsear.htm .
Interpretative guidance and Approved Code of Practice (ACoP) will follow next year.

DSEAR - WHAT DOES IT REQUIRE?
DSEAR does not contain requirements that are fundamentally new; employers currently meeting existing legislation should therefore notice no significant change. Safety standards will be maintained through a combination of DSEAR & activity specific ACoP material.

DSEAR will apply at any workplace where there is present any substance or mixture of substances with the potential to create a risk from energetic (energy-releasing) events such as fire, explosions, thermal runaway from exothermic reactions, etc.
Such substances, known in DSEAR as dangerous substances, include: petrol, liquefied petroleum gas (LPG), paints, varnishes, solvents & certain types of dust that are explosive (e.g. wood dust).

The main requirements of DSEAR are that employers & the self-employed must: carry out an assessment of the fire & explosion risks of any work activities involving dangerous substances; provide measures to eliminate, or reduce as far as is reasonably practicable, the identified fire & explosion risks; apply measures, so far as is reasonably practicable, to control risks & to mitigate the detrimental effects of a fire or explosion; provide equipment & procedures to deal with accidents & emergencies; and provide employees with information & precautionary training.

From 30th June 2003, where explosive atmospheres may occur: the workplaces should be classified into hazardous & non-hazardous places; and any hazardous places classified into zones on the basis of the frequency & duration of an explosive atmosphere, & where necessary marked with a sign; equipment in classified zones should be safe & satisfy the requirements of the Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres 1996; in addition the workplaces should be verified as meeting the requirements of DSEAR by a competent person.

Copies of Fire And Explosion - How Safe is Your Workplace: A short guide to the Dangerous Substances and Explosive Atmospheres Regulations, aimed at small and medium-sized businesses will be available in priced packs from HSE Books. Single copies will be free of charge and the leaflet will also be available to download free from HSE's website:
www.hse.gov.uk/pubns/index.htm .

The Statutory Instrument: The Dangerous Substances and Explosive Atmospheres Regulations 2002 (S.I. 2002/2776) will be available from: www.legislation.hmso.gov.uk/si/si2002/20022776.htm .

NORTH SEA FISHERMAN AWARDED £340,000 DAMAGES
Posted Friday, December 13, 2002 by Ahmed Khan
After a decade of protracted litigation & ongoing medical treatment a North Sea fisherman has been awarded £340,000 following an accident in November 1992 which resulted in him losing part of a limb.
Alexander Noble, 54, was skippering the Dutch-registered PD Fellowship on the day of the accident on Dogger Bank, legislation at the time required the boat to have a British skipper, Mr. Noble doubled as deckhand & skipper while the boat was fishing.

During one trawl a 1/4-tonne stone was brought on board in the nets & it was decided to retain the stone on deck until it could be dropped over the side safely. A combination of it being unsecured on deck & heavy seas rendered it liable to move & as Mr. Noble was deploying gear over one side, the boat listed & the stone slid towards him, pinning his left leg against the net's heavy beam. His lower left leg was amputated & in the intervening years the remaining stump has required further surgery.

The claim was made against the boat's Dutch skipper, Cornelius De Boer, whom Mr Noble deemed responsible for safety on board.
At Aberdeen Sheriff Court, Sheriff Colin Harris ruled that Mr Noble was not in charge of safety during fishing operations, that onus lay with Mr De Boer, however he reduced the award by £100,000 by virtue of Mr Noble being deemed to be 30% at fault for failing to take the opportunity to dispose of the stone.

Mr De Boer may appeal against the award.

WORK-RELATED FATALITIES DOWN BUT DAYS OFF SICK ON THE RISE
Posted Friday, December 13, 2002 by Ahmed Khan
Latest HSC figures show that 249 died in work-related accidents in Britain in 2001/02, 43 fewer than the previous year.
Similarly, there were 27,477 major injuries, down 47, but disappointingly the nation had 40.2 million days off work due to illness & injury.

The report's highlights are available at www.hse.gov.uk/statistics/overpic.htm.htm .
The full report is at www.hse.gov.uk/statistics/index.htm .

FEATURES OF THE YEAR'S PERFORMANCE (2001/02)

THREE MOST COMMON CAUSES OF WORK-RELATED DEATHS:
Falls from heights (44); being struck by a moving or flying object (43) & being struck by a moving vehicle (40).

MAJOR INJURIES:
Slips & trips were the biggest cause of non-fatal workplace injuries -37% of the total.

THE RISKIEST INDUSTRIES FOR MAJOR INJURIES WERE:
Mining (803 cases per 100,000 workers); the water industry (652 cases per 100,000) & railways (631 cases per 100,000).

DAYS LOST DUE TO WORK-RELATED ILLNESS AND INJURY
In total, an estimated 40.2 million working days were lost due to work-related illness & injury; 32.9 million of them due to illness; & 7.3 million due to injury.

DAYS LOST DUE TO ILLNESS:
13.4 million were attributed to stress, anxiety or depression & 12.3 million to musculoskeletal disorders, or MSDs (disorders affecting muscles & joints).
An estimated total of 1,126,000 people suffered from MSDs, while
a further 563,000 were affected by stress.
Over the 12 months, there were an estimated 265,000 new cases of stress.

SELF-REPORTED ILLNESS
THE RISKIEST INDUSTRIES IN TERMS OF SELF-REPORTED ILLNESS WERE:
Agriculture & forestry (6,500 cases per 100,000 people working in the sector either currently or in the last & 8 years), public administration & defence (5,700 cases per 100,000) & construction (5,600 cases per 100,000).

MR CALLAGHAN COMMENTS
HSC Chair Bill Callaghan said of the statistical report: "My first reaction is that these figures show little change & I take no comfort from that. We have much to do to achieve a step change in health and safety improvement. This is only the second year in a 10 year programme, but I expect to see some momentum in following years.
Occupational health is a key area for improvement & presents perhaps our toughest challenge. Stress & MSDs account for two thirds of all days taken off work due to self-reported illness & these are the areas we have already targeted as priorities. Stress seems to be endemic in modern society, both inside & outside the workplace & the rate of increase in recent years has been considerable. Many people talk about 'stress-management'. The key to reversing the upward trend is to avoid stress in the first place. The HSE has already provided guidance to employers & we have a number of initiatives in place to get to grips with the problem.
We have now established baselines for measuring progress to reduce the incidence of ill-health and days lost to sickness & injury. The figures - over 40 million days lost - bring home what a waste health & safety failures represent to Britain's businesses, as well as the pain caused to the victims. We will continue to work with employers, workers & others to drive down this unacceptable toll. This means we need to make progress in both the public & private sectors. When we launched our national improvement targets, we said the public sector should act as an exemplar. The figures for occupational health show there is still some way to go.
I am encouraged to see the reduction in work-related fatalities, but it is too soon to tell whether this is the resumption of a downward trend. Every death is one too many. I am also concerned by the rate of major injuries & by the fact that there has been no significant movement here for a number of years. The key to progress is partnership between all those with an interest in improving health and safety at work."

PROMOTING LADDER SAFETY - HIGH RISK GROUPS TARGETED
Posted Tuesday, December 10, 2002 by Ahmed Khan
Accident statistics show electrical & maintenance fitters are 2 groups at significant risk of death or injury due to falls from height. Some 40% of fatal & major injury accidents experienced by electrical fitters are falls & this is confirmed by the ECA's Joint Industry Board (JIB) figures. For maintenance fitters the rate is 24%.
The most common agent involved in falls accidents to both groups is ladders.
In response, the HSE in collaboration with the Electrical Contractors Association (ECA), trade unions UCATT (Union of Construction Allied Trades and Technicians) and Amicus-AEEU is taking forward a pilot project aimed at reducing fatalities & injuries due to falls from height.
The initiative complements the ECA's 'ZAP' – Zero Accident Potential Initiative introduced by the ECA to help the electrical contracting sector contribute to improvement targets under the HSE's 'revitalising health and safety' initiative & it identifies working at height as a key safety issue.

TOOLBOX TALKS
The joint initiative involves toolbox talks providing information about ladder safety & the distribution of an 'angle-aid' card to remind ladder users about general ladder safety & how to position their ladders properly.

The following questions will, it is hoped, prompt appropriate action:

IS A LADDER THE RIGHT EQUIPMENT FOR THE JOB?
IF SO, CAN WORK BE CARRIED OUT SAFELY USING A LADDER?
IS THE LADDER IN GOOD WORKING CONDITION?
IS THE LADDER SECURE?
IS THE LADDER STANDING AT THE CORRECT ANGLE – 1 METRE OUT FOR EVERY 4 UP?
WILL THE SURROUNDING ENVIRONMENT ALLOW SAFETY WHILE WORKING AT HEIGHT?

Notes accompany the toolbox talks & the advice is illustrated by real life accidents that could have been avoided, in the hope that people will relate the circumstances to their own work & take action to avoid the risks.
If the pilot is successful then HSE plans to widen its application to include other unions & trade organisations early next year.

To find out more about HSE's Falls from Height Priority Programme, check the HSE website at: www.hse.gov.uk .

AUTHORITY NEGLIGENT IN NOT LIGHTING CRASH SCENE
Posted Tuesday, December 10, 2002 by Ahmed Khan
Sarah Cotton, 35, formerly employed by West Sussex County Council Fire Service, sustained serious injuries in December 1997 while attending a road traffic accident near Shoreham when she climbed over a barrier & fell 13 metres down the other side which she believed to be on the same level.
In a judgement at Brighton County Court Recorder Charles Macdonald found Ms Cotton contributed to the extent of 50% to her loss through her injuries.
In the circumstances of the accident Mr Macdonald found there was negligence on the part of her employer West Sussex County Council, whose actions "fell below the standard of care required by a reasonable employer," the National Blood Authority (vehicle owner) to the extent of the other 50%, finding no liability on the part of the Department of the Environment.
An important factor in the accident was the lack of emergency lighting at the scene, Mr Macdonald stating: "There was a basic and negligent error which led to better lighting not being given a higher priority."
The National Blood Authority's negligence was based upon its driver being responsible for the road traffic accident & that it was foreseeable that a rescuer could be placed in danger as a consequence. The DoE was deemed to have no duty of care towards Miss Cotton.

SMALL TEXTILES BUSINESSES - TELL TEXIAC HOW TO MAKE YOUR LIFE EASIER
Posted Tuesday, December 10, 2002 by Ahmed Khan
Maureen Kingman, HSE's Head of the Textiles Sector group is appealing to small textile businesses to divulge their thoughts & concerns on tackling health & safety. TEXIAC is a tripartite committee, CBI/ TUC/ HSE, which works to reduce injuries & ill-health caused by work in the textile & clothing industries by promoting acceptable standards of working conditions & welfare in conformity with legal requirements.
Ms Kingman says: "We want people to tell us what we & TEXIAC can do to make their lives easier. We need to know what small companies & their employees want & how we can best communicate with them to help them to manage their health and safety risks."

RUN OR WORK IN A SMALL TEXTILES COMPANY?
Don't know where to start on health and safety? Do you want to know how to make your textiles company a safer place to work? Do you have something to say about health and safety? If you run or work in a small textiles company, you have the opportunity to attend Leeds Town Hall where the HSC is to hold an open meeting of its Textiles Industry Advisory Committee (TEXIAC) at 10.30a.m. on Wednesday, 15 January 2003. Carol Warneford from Peatey's Coatings will be giving a lively talk on the problems faced by a small company in managing health and safety. Those attending can air their views on what needs to change so that small companies feel they are not out of their depth & perhaps contribute to TEXIAC's plan of work for the coming year.

Anyone wishing to attend is asked to email Anne Rayner on anne.rayner@hse.gsi.gov.uk or telephone on 0113 283 4354 or write to Anne at: Textiles Sector Group, HSE, Marshalls Mill, Marshall Street, Leeds, LS11 9YJ.

HGVs - DANGEROUS!
Posted Tuesday, December 10, 2002 by Ahmed Khan
Traffic commissioner Tom MaCartney, has spoken of the matter of dangerous heavy goods vehicles on the highway, more to the point, of removing them from our roads. Acting under new powers at his disposal introduced in January officers can impound unlicensed lorries.
Mr MaCartney says: "The effect of impounding has been dramatic – the Vehicle Inspectorate's Intelligence Officer for the north east has confirmed that 27 of the 28 goods vehicles impounded so far have been in a dangerous condition, unfit for use on the public roads. The effect on national road safety is bound to be significant.
The policy of targeting poor operators has seen over 300 bus, coach and lorry drivers called to hearings last year, up 11% .

ACTION WILL BE TAKEN
Mr MaCartney continued: "Operators who previously accepted small financial penalties imposed by a criminal court as a working expense are now applying for licences, rather than have their vehicles impounded.
Not only have those who have previously operated outside the licensing system opted to apply for licences & therefore had to meet stringent standards, but a number of un-licensed vehicles have been removed from the roads, the majority of which were in a dangerous condition."
He warned: "I continue to work very closely with the Vehicle Inspectorate to raise standards among licence holders & to leave those operators who fail to reach the required standard in no doubt that action will be taken against their licence."

PUWER - OLDER EQUIPMENT MUST NOW COMPLY WITH PART III
Posted Tuesday, December 10, 2002 by Ahmed Khan
From 5th December, users of certain items of mobile work equipment, including forklift trucks, dumper trucks & tractors, must recognise that the latest requirement of the Provision and Use of Work Equipment Regulations 1998 (PUWER) is in effect.
For new equipment the requirement to comply with Part III of (PUWER 98) has been in effect since 5 December 1998, but for equipment in use before that date a 4 year transitional period expired last week.

WORK PLACE DEATHS
Timothy Walker, HSE's Director General, said: "The HSE is committed to reducing the number of deaths involving mobile work equipment. Last year 99 people were killed & over 8,000 people were injured in accidents involving workplace transport. The coming into effect of Part III of PUWER 98 will contribute to reducing the unacceptable level of deaths & injuries."

Further information is available in HSE's free leaflet Fitting and Use of Restraining Systems on Lift Trucks, HSE Information Sheet MISC 241.

The serious safety risks involved in the use of mobile equipment include: being struck by the vehicle, the vehicle rolling over, the driver or passengers falling from the vehicle or being struck by a falling object, unauthorised start up of the vehicle, inadequate devices for braking & stopping & restricted driver visibility.

ROPS and FOPS
Part III of PUWER addresses these risks by requiring duty holders to ensure their equipment is safe to use. Duty holders may have to take measures such as retrofitting roll-over protective structures (ROPS), falling object protective structures (FOPS), operator restraints (seat belts, lap belts, etc) & driver visibility aids such as mirrors. For instance, if under the particular conditions of use, mobile plant is likely to overturn, the user must provide a ROPS & operator restraint.
HSE is also reminding duty holders of the need to ensure that when mobile plant is used in conditions where overturn is likely, the operator restraint is worn. ROPS & restraints can be rendered useless if the driver of an overturning vehicle is not wearing the seat belt provided. Supervisors should regularly check drivers are wearing seat belts where necessary.


DIVING TRAGEDY
Posted Tuesday, December 10, 2002 by Ahmed Khan
Royal Navy Lieutenant Paul McAulay, 27, drowned in a diving accident last week while training as a mine clearance diver at the Navy's training school in Portsmouth. Lieutenant McAulay is said to have got into difficulties during an exercise involving retrieving an object at 8 metres depth on Horsea Lake bed at Port Solent, near Portsmouth.
A MOD police investigation is underway. In recent years 2 officers drowned diving in the locality while training.

SCAFFOLDING PLUNGE
Posted Tuesday, December 10, 2002 by Ahmed Khan
Emergency services had to effect a rescue from within a partly constructed house after a workman fell 3 metres on a Wimpey Homes building site in Sherwood, Nottingham.
John Wadsworth of the local fire service explained: "There was no staircase so we had to work with the ambulance team to carry him out on a spine-stretcher. He was conscious, but had fallen awkwardly." The man has sustained injuries to his head & back.

DOG EXCREMENT GIVES POSTMAN TOXICARIASIS!
Posted Tuesday, December 10, 2002 by Ahmed Khan
A Leicestershire postman nearly lost his sight through contact with dog excrement that was posted in a postbox on his round. Roger Morris, 56, was blinded for a time by the infection after coming into contact with it. Mr Morris, who required antibiotics & 6 days bed rest said: "My sight was hazy for 3 or 4 days & it got quite bad, but they had caught it in time & I was lucky." The Royal Mail has established a specialised unit to clean & repair vandalised post boxes & contaminated mail.

HSE DELIVERS NEW GUIDANCE ON PREGNANCY & THE WORKPLACE
Posted Monday, December 9, 2002 by Ahmed Khan
The HSE has today published new guidance to help employers ensure pregnant women have a safe & healthy experience at work.
Most employers will be aware that they must carry out a proper risk assessment to identify potential hazards to pregnant workers.
The guidance - New and Expectant Mothers at Work, A Guide for Employers, strongly supported by the Equal Opportunities Commission (EOC) & Tommy's, the baby charity, explains how to do this, and gives detailed advice on the possible chemical, physical & biological risks to new & expectant mothers.

New and expectant mothers should avoid: lifting heavy loads, working in confined spaces, working at unsuitable workstations, working in stressful or violent environments & working with lead.

The term 'new & expectant mothers' covers women who are pregnant, have given birth in the last 6 months or are breastfeeding. Employer requirements are made under Regulations 3, 16, 17, & 18 of the Management of Health and Safety at Work Regulations 1999.

THE COST OF GETTING IT WRONG
Apart from the desire to help pregnant women in their employ, the consequences of responding inappropriately are considerable: EOC says in 2001, out of 1,434 potential tribunal cases involving pregnancy maternity related discrimination, 1,387 involved some breach of health and safety legislation.
Figures from Equal Opportunities Review, a legal journal, show that the employers are increasingly having to pay higher awards in sex discrimination cases - the average compensation for a case involving dismissal due to pregnancy is £9,871.
There is no limit to how much companies could be ordered to pay in compensation.
The Department of Trade and Industry (DTI) estimates that it costs employers around £3,500 per employee to recruit new staff after a new or expectant mother has left.
More than 1 in 4 pregnant women experience a miscarriage, one in 200 babies is stillborn & 100 premature babies are born every day.

Copies of New and Expectant Mothers at Work - A guide for employers HSG122, ISBN 07176 25834, price £9.50 can be ordered online at, or are available from HSE Books, PO Box 1999, Sudbury, Suffolk, CO10 2WA, Tel: 01787-881165 or fax: 01787-313995.

What they say about pregnancy and health and safety in the workplace

Colleen Bowen, Head of HSE' s Health Management Unit: "Pregnancy is not an illness. Pregnant women should not be signed off sick for work-related ill health problems. New and expectant mothers are entitled to a change in working conditions, should be offered suitable alternative work, or if that' s not possible, suspended from work at the same rate of pay if risks to her or her child's health and safety have been identified.
Employers have a legal and moral duty to protect women of childbearing age from hazards & risks in the workplace. HSE will investigate complaints made to them & take whatever action is deemed necessary under health & safety legislation. Setting up a maternity policy is not difficult, the new guidance tells you how to do it & gives greater benefits to employers & employees. If employers fail in their duties they could be found in breach of health and safety legislation & be prosecuted by HSE. They could also be taken to industrial tribunals where they could face substantial compensation payouts."
Julie Mellor, chair of EOC: " By failing to tackle the health and safety implications of pregnancy, firms can find that not only do they lose a valuable worker who has had to be signed off sick, but they may also be breaching the Sex Discrimination Act. The number of complaints that can potentially be taken to an industrial tribunal shows that many employers are very unclear over what they need to do. This clear and easy to understand guide will help address this confusion, benefiting employers and pregnant women alike in managing pregnancy in the workplace."
Jane Brewin, chief executive of Tommy's: " It makes good business sense to employers to encourage healthy pregnancy in the workplace leading to better employee relations and productivity, as well as increasing the chances that they will return to work. Mitigating against risks to the unborn child in the workplace is an integral part of Tommy's Pregnancy Accreditation Programme, in which we work with employers to ensure every working woman's desire to maximise their chance of having a healthy pregnancy and baby is actively encouraged in the workplace. There is a growing body of evidence that illustrates women are at a higher risk of having a premature baby if they work in an extremely demanding and stressful environment. We welcome this new guide, as it will help employers to provide the right working environment for pregnant women in the workplace."

BONFIRE PROVES EXPENSIVE!
Posted Monday, December 9, 2002 by Ahmed Khan
Adrian Strafford, a skip operator of Dronfield Woodhouse, North Derbyshire, has been prosecuted for burning wood, felt & other materials at a place where no waste management licence had been granted, an offence under the Environmental Protection Act 1990. Acting on a tip-off, Environment Agency officers discovered Mr Strafford burning rubbish near Earsham Street, Sheffield.
He was fined £2,000 with £609 costs at Sheffield Magistrates Court.
Paul Salter of the Agency commented: "The burning of controlled waste is prohibited as it could have a serious impact on the environment, depending on the type of waste being burnt."

WORKERS FIRST, PROFITS SECOND - T&G
Posted Monday, December 9, 2002 by Ahmed Khan
The Transport and General Workers' Union has demonstrated outside Hull Magistrates Court on the occasion of the appearance of property developer Murli Thadani, Director of Marketing Exchange for Africa, who is to face charges that he & his company breached a range of health & safety legislation in the circumstances of a fatal construction accident. David Jowett, Tony Laughton & Shaughan Walsh died in April 2000 when a Hull building collapsed on them on one of the projects.
Mr Thadani will appear at Hull Crown Court in the new year, the Magistrates court has insufficient sentencing power at its disposal in the event of any conviction.

CORPORATE MANSLAUGHTER
T&G national secretary (construction) Bob Blackman said: "We will continue to campaign for changes in the law to provide for corporate manslaughter until we see a real culture change in the industry which puts the safety & welfare of building workers first & profits second.
Building, construction & demolition are dangerous industries but that danger can be managed. What we need is recognition that the industry must change."

DEALING WITH THE MEDIA!
Posted Monday, December 9, 2002 by Ahmed Khan
Occasionally it falls to some health and safety practitioners to interact with the media, usually through unfortunate circumstances in the wake of an incident of some significance. It is also possible that any encounter with the media is unrelated to the world of employment but arises in connection with another matter.
The Chartered Institute of Environmental Health (CIEH) has published on its website an excellent guide entitled Considerations when dealing with the media.
The document can be viewed at CIEH .

NUCLEAR AUTHORITY DISCONTINUES FLASK INVOLVED IN ZINC BROMIDE LEAK
Posted Monday, December 9, 2002 by Ahmed Khan
UK Atomic Energy Authority has revealed that it has discontinued the use of the type of flask involved in the transfer of waste from a disused cell & from which a drop of zinc bromide had leaked at its Dounreay plant.
Two workers at the centre of a subsequent radiation exposure scare have been given an all clear.

CEMENT ALLERGY RESPONSIBLE FOR 1 IN 10 ‘BRICKIES’ LEAVING THE TRADE
Posted Friday, December 6, 2002 by Ahmed Khan
The failure to control the risk of skin contact with cement each year causes around 450 construction workers to develop allergic dermatitis and about 1 in 10 bricklayers leave the industry after developing it. Once developed, an allergy to cement is permanent.
New revised HSE guidance on the safe use of cement in the construction industry has been published - Cement, - Construction Information Sheet No 26 (revision 2) gives advice on the risks from cement and its control.
The guidance advises on simple preventative steps -
keep cement off your skin - employers should provide personal protective equipment and workers should use it;
if it does get on your skin, wash it off quickly and thoroughly;
if you get any skin reddening or irritation, seek medical advice; and
employers should provide regular health surveillance, which tries to detect any problems early enough to treat them.
This Information Sheet replaces an earlier edition that is now out of print. It supports the Control of Substances Hazardous to Health Regulations 2002, the Management of Health and Safety at Work Regulations 1999 and the Construction (Health, Safety and Welfare) Regulations 1996.

Cement's abrasive properties compound its corrosive nature, causing injury when cement-containing materials touch or rub against the skin, or when cement dust is inhaled.
Mike Cosman, head of the HSE's Construction Sector, says: "Although the law requires welfare facilities, such as toilets and running hot water, on construction sites, many sites overlook this. Hot water is essential for anyone who could come into contact with wet cement. If not washed off quickly and thoroughly, it can lead to severe burns and allergic dermatitis, both of which can be severely disabling. I urge everyone working with cement in the construction industry to get a copy of this free information sheet and ensure the safe use of this potentially hazardous building material."

Single copies of Cement - Construction Information Sheet No 26 rev. are available free from HSE Books.

UNSAFE WALL KILLS 8 YEAR OLD - INQUEST TOLD!
Posted Friday, December 6, 2002 by Ahmed Khan
Recording a verdict of accidental death in the tragic accident in which Luke Allen, 8, was killed when an unsafe wall collapsed on him in a garden in Brislington, Bristol in September, coroner Brian Whitehouse observed that a combination of the wall's poor construction and the fact that the boy had played on it accounted for its weak condition in this accident.
"Clearly this wall was not in a safe condition and no child should have been playing near it. This inquest demonstrates the obvious fact that young children should only be allowed to play in a safe environment."
In the opinion of Bristol City Council chief engineer Martin Ashmead, the bond between the concrete blocks and mortar had probably loosened by knocks or poor construction, jumping or climbing on it or kicking a ball against it.
Luke had been kicking a ball against the wall just prior to the collapse of coping and bricks on to him from the top of the wall. DC Fionn McDonald reported that a builder's inspection of it the previous week had found the wall "insecure" but it had not apparently been intimated to resident Adrian Marsh that it might be dangerous.

UNDETECTED FLOODING LED TO LOSS OF LIFE FROM FISHING VESSEL
Posted Thursday, December 5, 2002 by Ahmed Khan
The Marine Accident Investigation Branch (MAIB) investigation into the capsize of the fishing vessel Charisma (OB588) with the loss of one crew member at Carlingford Lough on 30 January this year concludes it was caused by the effect of undetected flooding, probably via the manual bilge discharge pipe in combination with the heavy load of mussel bags on deck.
The Charisma, a 9.68m glass reinforced plastic vessel, was dredging for mussels in Rostrevor Bay, Carlingford Lough with a crew of three in light winds and a calm sea.
A substantial catch of mussels had been caught the previous day and this had been left stacked on deck overnight. Two crewmen were next to the bench, cleaning and raking the mussels into bags. The skipper was tying and stacking the bags slightly further forward.
Capsize
Charisma started to list and the crew realised that the vessel was about to roll over, but before any corrective action could be carried out, they were scrambling for their lives. The vessel capsized and rolled completely upside down. One of the crew remained conscious throughout the incident and, once he had surfaced and kicked off his boots, looked quickly for his two colleagues. He saw a lifebuoy and swam to it. Shortly after, he found the skipper unconscious in the water. There was no sign of the third crewman. He held on to the skipper and shouted for help to a nearby vessel which came to their assistance.
The missing crewman, Mark Spiers, was later recovered but he never regained consciousness.

BILGE ALARM NOT TESTED
MAIB inspectors who conducted an inclining experiment to determine stability characteristics discovered that the vessel 's manual bilge pump had been removed for repair and not been replaced before the accident. A rag and bung were used to seal the open overboard discharge pipe. The bilge alarm had not been tested on the day of the accident and it was not heard at any time during it.
The vessel had also been modified significantly in the past, with no estimate of the likely effects this would have on stability or load carrying capacity.
An overall poor approach to safety was evident on board Charisma.
The owner and skipper of Charisma have been advised with regard to specific safety issues. The Maritime and Coastguard Agency is recommended, in consultation with the fishing industry, to develop and promulgate guidance for the loading of fishing vessels under 15m length overall.

PREVENTING PYCHOSOCIAL RISKS AT WORK CONFERENCE GENERATES RECOMMENDATIONS!
Posted Thursday, December 5, 2002 by Ahmed Khan
The European Agency for Safety and Health at Work's recent conference marking the end of this year's European Safety Week topic has generated recommendations to help tackle work-related stress, Europe’s second biggest occupational health problem, after back pain, affecting over 40 million people a year in the EU and accounting for more than half of all staff absenteeism.
The conference offered a platform for more than 300 experts, practitioners and decision makers to exchange know-how and experiences. Leading experts presented an up-to-date overview of Europe’s psychosocial working environment, pointing out particular problem areas such as violence and bullying.
Joint action
It is believed the key to success lies in social dialogue, and the European social partners (UNICE and ETUC) will be organising a seminar on stress next year in order to discuss joint action. This would be followed by a similar event in 2004 on harassment.
In addition, the conference set out a ‘stress-busting’ roadmap to tackle the problem across the European Union.

Recommendations included:

The development of new tools and practices to help organisations, and in particular small- and medium-sized enterprises, to meet their risk assessment obligations under the Health and Safety Framework Directive. The tools should not just be useful for stress but also for bullying, violence and other forms of harassment.
The systematic evaluation of existing good practices in order to identify success factors and facilitate their transfer to other workplaces and sectors.
The setting up of an active network of researchers, legislators, social partners and working environment professionals to share information and develop effective ‘stress-busting’ strategies.
Policy development needs to be based on an effective occupational safety and health monitoring system, based on national experience with quantitative as well as qualitative data.
Learning about psychosocial risks should be an integrated part of the training for managers and occupational health and safety professionals.
The momentum of the European Week should continue to be translated into concrete actions, which are essential for prevention. The success of the European Week in raising awareness of well-being at work and psychosocial risk should be followed by further initiatives by the public authorities and social partners at national level, as well as at company level.

EUROPEAN AGENCY SEES DANGEROUS SUBSTANCES, FISHING & EMERGING RISKS AS PRIORITIES FOR 2003
Posted Thursday, December 5, 2002 by Ahmed Khan
2004 European Week campaign to focus on the construction sector.
The European Agency for Safety and Health at Work has appointed a new chairperson for 2003, Dr Bertil Remaeus. Dr Remaeus, the Swedish government representative and leader of the government group on the Agency’s Board, has stated Agency priorities to be dangerous substances, fishing, and emerging risks.
He says: “I am very proud to have been entrusted with this responsibility by my colleagues on the Board. The recent publication of the first European Community Strategy on Health and Safety at Work in over a decade makes this a particularly exciting time to take over the reins. The Agency’s work programme for 2003, which the Board has just agreed, marks a significant step towards converting that strategy into real advances in safety and health in Europe’s workplaces. We plan to build on the success of this year’s campaign against occupational stress by widening our aim to cover other important workplace risks such as dangerous substances and risk sectors such as fisheries. And we’re particularly looking forward to the even greater participation of EEA and EU candidate countries in many of the Agency’s activities.”

DISABILITY
The Agency’s work programme for 2003 will focus on developing the Agency’s information services in line with the priorities set out in the Community Strategy for Health and Safety at Work.
A special web feature will be set up on safety and health and disability as part of the European Year of the Disabled.
The Administrative Board has also approved the setting up of an observatory for new and emerging risks at the workplace and to start preparatory work for the 2004 European Week campaign, which will focus on the construction sector.
Commenting on the outcome of the Board meeting, the Director of the European Agency, Mr Hans-Horst Konkolewsky, said: “I am very happy to welcome Bertil Remaeus as Chairperson of the Agency and look forward to working closely with him in promoting the Agency’s health and safety activities in 2003. A key activity will be the European Week on dangerous substances, which represent a vast area of potential health risks in all sectors. The negative impact on workers health includes asthma and dermatitis, cancer, damage to an unborn child and a variety of negative influences on the well-being of the workers, such as effects on lungs, skin, intestines, nervous and immune systems etc. The European Week 2003 aims at tackling this persistent problem by increasing awareness of the risks and of ensuring that dangerous substances are, whenever possible, substituted for safer alternatives or if that’s not possible always handled with care.”

WEAR A LIFEJACKET!
Posted Thursday, December 5, 2002 by Ahmed Khan
On the subject of safety at sea newly appointed Chief Inspector of the Marine Accident Investigation Branch, Stephen Meyer, has published his first Maritime Safety Digest. The Digest, Lessons from Marine Accident Reports 3/2002, once again draws the marine community's attention to lessons arising from investigations into recent accidents.
Mr Meyer reminds mariners world-wide of 5 very important principles which could save their lives & the lives of their crew. He says "It saddens me, on reading many of the cases in this edition, to recognise old lessons that have not been learned. Those lessons are:

WEAR A LIFEJACKET
KEEP A GOOD VISUAL WATCH & LOOK WHERE YOUR VESSEL IS HEADING
BE AWARE OF OTHER VESSELS IN THE WATERS AROUND YOU
BE AWARE OF THE SEA & MACHINERY YOU ARE USING, ASSESS THE RISKS
& REMEMBER, FATIGUE CAUSES ACCIDENTS.

None of these lessons are new, the reason they need repeating is the innate belief of mariners that accidents happen to other people. If people acted on just these 5 basic principles, the sea would be a much safer place for us all."

A copy of the Digest is available from the MAIB by visiting its website at www.maib.dft.gov.uk

LEAKING LPG TANK LEADS TO EVACUATION OF VILLAGE
Posted Thursday, December 5, 2002 by Ahmed Khan
An insidious drift of gas from a liquid petroleum gas tank which sprang a leak in north Yorkshire created a potentially explosive atmosphere and led to a mass evacuation by the emergency services of some 150 residents of the village of Crambeck amid fears of a major explosion risk.
"The leak was quite severe. All the liquid was converting itself into a gas cloud and coming out towards houses in Crambeck," reported North Yorks Fire Service's Graham Buckle of remedial action.
"We are decanting the gas from the leaking vessel into a road tanker, and we are using water spray jets to disperse the gas cloud away from the village.
Then we will check properties in the villages to make sure there is no lingering gas in basements or cellars."

HEALTH EFFECTS FROM THE ELECTROMAGNETIC FIELDS – A PUBLIC OPEN MEETING!
Posted Thursday, December 5, 2002 by Ahmed Khan
There is an opportunity to attend a Public Open Meeting (National Exhibition Centre, Birmingham on Thursday, 5 December 2002, 11.00-13.00hrs.) arranged by The National Radiological Protection Board (NRPB). A number of eminent persons in the field will be able to respond to concerns expressed about the distribution and use of electricity with its associated electromagnetic fields. The panel of experts is involved in research and the setting of guidelines for exposure.
Lord Robert Winston will chair the meeting, and the panel will include scientists and doctors from the NRPB, its expert Advisory Group on Non-ionising Radiation (AGNIR) and the World Health Organization (WHO).

Recent reviews of research on the possible health effects from the electromagnetic fields associated with electricity supplies to the home and workplaces have found little scientific evidence of harm. However, a possible increase in the risk of childhood leukaemia associated with high magnetic fields in the home is not ruled out. These high magnetic fields are not necessarily due to proximity to power lines or substations.
NRPB is currently carrying out a comprehensive review of the science that forms the basis for advice on limiting exposure to electromagnetic fields. A consultation document is being prepared so that the views of other scientific experts and interested parties can be obtained.

The panel will be:

Lord Robert Winston (Chairman);
Sir Richard Doll FRS, Cancer Research UK and Chairman of AGNIR;
Dr Michael Repacholi, WHO Professor Anthony Swerdlow, Institute of Cancer Research and AGNIR;
Dr Alastair McKinlay, NRPB;
Dr Jill Meara, NRPB


HSE TO PROSECUTE COUNCIL OVER LEGIONNAIRES' DEATH IN CARE HOME
Posted Thursday, December 5, 2002 by Ahmed Khan
The HSE is to proceed with a prosecution of Nottingham City Council over the death of elderly care home resident Harry Goode, 67, who contracted legionnaires' disease at the Long Hedge care home in St Ann's.
After the coroner's court inquest into the death which returned a verdict of accidental death, acting director for the council's social services, Andrew Lowe, opined:"Measures to control exposure to legionella bacteria were in place at all residential homes including Long Hedge prior to Mr Goode's death."

HSE, however, contends that the council failed to ensure the safety of the drinking water at Long Hedge where traces of legionella bacteria were first discovered back in March 1999. As subsequent tests proved, a programme of flushing & sterilisation successfully eradicated the problem, although with closure imminent, Long Hedge was not to feature on future tests, although it would house 35 elderly residents from Oaks Residential Home in October 2001 on a temporary basis.
It appeared the staff were untrained in the requirement to test regularly to ensure a minimum temperature of 60ºC was being maintained at which the bacteria couldn't thrive.
After Mr Goode's death in November of last year, it was found that the water temperature in the system couldn't be raised above 58ºC.
The HSE spokesman said: "The charges relate to the period between October 10, 2001, and January 6, 2002. The council is being prosecuted under section 3(1) of the Health and Safety at Work Act 1974."

TIGHTEN CONTROLS ON TATTOO PARLOURS - CIEH
Posted Thursday, December 5, 2002 by Ahmed Khan
The Chartered Institute of Environmental Health (CIEH) is currently campaigning for tougher hygiene controls for skin piercing in order to manage the risk of blood-related diseases like hepatitis & HIV.
Body piercing is continuing to grow in popularity with younger people & the CIEH wishes to see stricter licensing controls for an activity which presents a risk of serious infection if sterile equipment is not used. A complete absence of recognised training for body art practitioners underlines the concern - there is no control over who can set up in business as a body piercer & there are certainly no recognised standards of training for new practitioners. By contrast, acupuncturists & electrolysists have well organised self-regulation, with national member organisations to oversee them.

The CIEH has drafted together for issue a set of recommendations for consumers designed to inform & educate the public about the possible health implications of skin-piercing treatments ranging from body art & tattooing to electrolysis & acupuncture. Ian Foulkes, director of technical policy at the CIEH, said: “This is a very real problem.

The CIEH is calling for a national licensing scheme to achieve: approved training for new practitioners, a minimum age of consent for body piercing, with any piercing below the neck illegal for under 16-year-olds & satisfactory standards of pre-, during & post-treatment care.”

ROOF COMES OFF A DOUBLE DECKER BUS!
Posted Thursday, December 5, 2002 by Ahmed Khan
Arboreal maintenance & route risk assessment are 2 issues to emerge in the wake of Tuesday's rush hour accident on the A3212 at Millbank in London when the roof of a Connex double decker service bus was completely severed after a collision with a tree which was "a known problem."
Shortly after 9am the No 3 service bus from Crystal Palace to Oxford Circus had negotiated Lambeth Bridge & was heading towards the Houses of Parliament when it struck the tree in an accident which resulted in 10 cases of hospitalisation, 2 with serious head injuries. "There is an overhanging tree on the route & this was a known problem," said a Connex spokeswoman. "Buses have to swing out to avoid the tree but clearly something went wrong this time."

ARBOREAL MAINTENANCE
Do drivers on the No 3 route have to regularly give this 'known problem' a wide berth & on this occasion was the driver unable for whatever reason to steer a sufficiently wide berth?
Police sources indicated that the bus was not travelling particularly fast, nor was the problem tree canopy, it struck the trunk, but as London Fire Brigade assistant divisional officer Steve Bonsor observed:" The roof structure is supported only by thin uprights," & wouldn't be robust enough to withstand this blow.
On the subject of arboreal maintenance, Westminster City Council position is stated - "We have a rigorous pruning programme to ensure that tree & particularly ones close to the road, do not cause obstruction for vehicles," says environment & leisure director Joe Duckworth.

PARAMEDICS TEST STAB JACKETS
Posted Thursday, December 5, 2002 by Ahmed Khan
In a pilot scheme in the northwest early in 2003 paramedics are to don £400 stab vests to test their occupational suitability in response to an increased threat from knife-wielding thugs at emergency call-outs.
Merseyside regional ambulance health and safety risk manager Steve Bradbury commented:" They are comfortable & will not hinder ambulance crews when they are treating patients, which is vitally important."
The vests which will be worn by around 10 crew members in Merseyside & Cheshire are of lightweight material to facilitate operational activity for the wearer & a long-term decision will be taken after the trial period.

SCAFFOLD COLLAPSE LEAVES MAN WITH TWO BROKEN ARMS!
Posted Thursday, December 5, 2002 by Ahmed Khan
A collapse of a scaffolding structure on the Ibis hotel site at the conference centre ExCeL, Royal Victoria Dock, Canning Town, has left a 35 year old man with 2 broken arms.
A colleague who was working on a ladder, was also struck by a metal shutter. Both injured men required to be lowered to the ground.
It is understood that they are now recovering at home.

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