March 2006

BREWERY BUSINESS FAILED TO ADEQUATELY PROTECT PUBLIC
Posted Thursday, March 23, 2006 by Ahmed Khan
Burton Magistrates' Court has fined Wolverhampton and Dudley Breweries Ltd for breaching the Health and Safety at Work etc Act 1974 in the circumstances of a November 2003 fireworks display at its Wych Elm Pub in Burntwood, Staffordshire, in which 2 persons were injured.
Lichfield District Council investigated the incident and instigated a prosecution, the company pleaded guilty and was fined £3,750 plus costs, having failed to protect the safety of the public who came to watch a fireworks display.

COMMENT:
"As the Health and Safety Enforcement Authority, Lichfield District Council took Wolverhampton and Dudley Breweries to court for not clearly thinking through a fireworks display. We hope this acts as an example, making individuals and companies more aware of the serious safety issues surrounding fireworks and firework displays, and the need to control those risks." - Lichfield District Councillor and Chairman of Regulatory and Licensing Committee.

GANGMASTERS LEGISLATION WILL PROTECT MORE THAN 0.5 MILLION WORKERS
Posted Thursday, March 23, 2006 by Ahmed Khan
The Gangmasters Licensing (Exclusions) Regulations 2006 and the Gangmasters (Appeals) Regulations 2006 have been laid before Parliament, supplementing the legislative framework established by the Gangmasters (Licensing) Act 2004.
When in force, the licensing system should help protect workers from exploitation by rogue employers. Licences must be held by anyone supplying labourers to work in agriculture or food processing and packaging but not retailers, caterers or wholesalers. Short-term loans of workers between farms, supply of individual specialist farm workers and the supply of labour to process non-farm products which include an agricultural component (such as cosmetics) are also excepted.
The Gangmasters Licensing Authority will begin licensing operations in England, Scotland and Wales next month. For more information visit http://www.defra.gov.uk/ .

COMMENT:
"We are acting to protect everyone involved in picking, processing, preparing or packing produce if they are supplied by gangmasters. We consulted with industry, employers and unions to come up with what we are certain is the best solution.
Of course, many gangmasters run safe and legitimate businesses but it's imperative that we do everything we can to weed out the rogues among them. By introducing a sensible and robust system of licensing, to be administered by the Gangmaster Licensing Authority (GLA), we can do that. It will become an offence for a gangmaster to operate without a licence.
We are also planning to review the system after one year to ensure it is working effectively. We are especially keen to ensure it doesn't become an excessive burden for small businesses. But we know that genuine labour providers want us to outlaw the bad operators who bring their industry into disrepute." - Defra Minister.
"The GLA is determined to make a difference. We shall help bona fide labour providers stay legal by driving out those who undercut them by exploiting workers, by mistreating them and exploit the public by not paying their taxes. We shall open for applications on 6th April but meanwhile don't hesitate to contact us at http://www.gla.gov.uk/ or 0845 602 5020." - Chairman of the GLA.

HSE CHIEF EXECUTIVE OUTLINES ITS AGENDA AT IOSH CONFERENCE
Posted Thursday, March 23, 2006 by Ahmed Khan
The HSE Chief Executive has addressed delegates at the Institution of Occupational Safety and Health (IOSH) conference 'IOSH 06 - Health and safety: fit for business' about the ways in which his organisation, in co-operation with others, is to respond to the challenges it faces in influencing and regulating for 'healthy individuals and healthy workplaces'.
These immediate challenges include reducing occupational illness, protecting migrant workers and promoting 'sensible risk principals'¹, about which he said: "HSE is concerned about the quality of risk management. In particular, that too much time is spent by some on trivial risks and unnecessary paperwork and not enough on the serious risks that cause real harm and suffering. We are determined to play a leading role in getting the balance right."

¹ The new 'sensible risk principals' will be launched by HSE in early summer.

FATAL SITE TRANSPORT ACCIDENT COULD EASILY HAVE BEEN AVOIDED
Posted Thursday, March 23, 2006 by Ahmed Khan
Two companies have been prosecuted and fined for failures that permitted a fatal accident on a construction site near Derby in which a workman was crushed by heavy plant as it reversed over him as he worked on the construction of an additional parking area at Toyota's Burnaston site in August 2003.
Ilkeston Magistrates' Court heard both companies plead guilty - Combined Associates Ltd, trading as Combined Stabilisation, of Blackburn, was fined £25,000 for failing to provide a safe system of work and safe plant, CA Blackwell (Contracts) Ltd, of Colchester, admitted failing to ensure the safety of persons not in their employment, and was fined £15,000. HSE's costs of £4,000 were also payable by them.
HSE wishes to impress on the industry that relevant duty holders should plan effectively for vehicle movements around construction sites and that they are fit for use, advises its publication, The Safe Use of Vehicles on Construction Sites, HSG144, ISBN 0-7176-1610-x, see also http://www.hse.gov.uk/workplacetransport/ .

HELP KITCHEN STAFF AVOID BACK TROUBLES
Posted Thursday, March 23, 2006 by Ahmed Khan
HSE has just published Preventing back pain and other aches and pains to kitchen and food service staff, arming employers with practical information on good manual handling techniques and lifting aids that will be useful to any section of the hospitality industry. It carries specific information for kitchen staff on significant risk areas, such as pot washing, dishwashing, preparing food, storage and cleaning.
The guidance, which supplements HSE's Better BACKS campaign, has been agreed by the Health and Safety in Hospitality Liaison Committee, and aims to raise awareness of the extent of manual handling injuries in catering and hospitality industry kitchens where there are many tasks that, without proper controls, can cause back pain or upper limb injuries.
The guidance replaces catering information sheet No 13 Manual Handling in the catering industry, see more catering industry publications on HSE's Hospitality industry website.

HM CUSTOMS & EXCISE SETTLE STRESS CASE
Posted Thursday, March 23, 2006 by Ahmed Khan
Yet another 6-figure out-of-court settlement is to be paid by an employer to a former manager over alleged workplace-induced stress.
The employee, aged 58, who maintained his stress and depressive illness was made worse by his employer's actions, was supported by the Public and Commercial Services Union in his court action, he will receive around £140,000 for his losses. See the solicitor's Russell Jones & Walker website for more details on the award.

GOOD NEWS FOR SAFETY PRACTITIONERS YOUNG AND OLD
Posted Thursday, March 23, 2006 by Ahmed Khan
The Employment Equality (Age) Regulations 2006, which subject to parliamentary approval will come into effect in October 2006, are to prohibit age discrimination in employment and vocational training. They apply to individuals in work or seeking work or access to training, to all employers, and to all providers of vocational training (including further and higher education institutions) and vocational guidance.

The regulations will: ban age discrimination in terms of recruitment, promotion and training; ban unjustified retirement ages of below 65; remove the current age limit for unfair dismissal and redundancy rights; and introduce a right for employees to request working beyond retirement age and a duty on employers to consider that request; a new requirement for employers to give at least 6 months notice to employees about their intended retirement date so that individuals can plan better for retirement, and be confident that "retirement" is not being used as cover for unfair dismissal.

AGE PREJUDICE
The new regulations extend to Great Britain, except the Channel Isles and the Isle of Man, separate regulations will implement the Directive in Northern Ireland. A draft version can be found on the DTI website at http://www.dti.gov.uk/

COMMENT:
"Ageism will affect more people, at some stage in their lives, than any other form of discrimination. But until now the law of the land has allowed it to continue. With these new regulations it will become illegal for workers to miss out on recruitment, promotion or training because of prejudice about their age.
As we are living longer and healthier lives, it is essential that the talents of older workers are not wasted. We must have the opportunity to carry on working where that is what we want. So we will scrap unjustified retirement ages below 65 and introduce a new right to request working beyond 65. In 5 years we will review all retirement ages to see whether the time is right to abolish them altogether. It's all about choice - not work till you drop but choose when you stop.
Ageism hits younger people too, who can find themselves discriminated against in the job market. For business to thrive in an increasingly competitive market they must not ignore the skills of any worker, whatever their age. The regulations give younger workers new protection too.
Considering talent and not age will help employers reap the benefits of an age diverse workforce in reducing recruitment and training costs and retaining key skills and knowledge." - Trade and Industry Secretary.
"At the moment it's all too easy for employers to treat staff or job applicants unfairly either because they're young and seen as too inexperienced, or regarded as too old and over the hill. These new regulations will make the world of difference because they will force employers to treat workers of all ages fairly. But the Government could have gone further, and we are disappointed that the regulations will see younger workers still being paid a lower minimum wage than their older workmates." - TUC General Secretary.

NEW OFFENCE OF CORPORATE MANSLAUGHTER CLOSER
Posted Thursday, March 23, 2006 by Ahmed Khan
The Royal Society for the Prevention of Accidents (RoSPA) and the TUC have welcomed last week’s announcement that the Government is minded to create a new offence of corporate manslaughter.
RoSPA takes the view that clearer health and safety duties for directors and the possibility of disqualification for health and safety offences are necessary and in the interim seeks a 'complete major update' of HSE’s existing guidance for directors INDG 343, which it describes as 'too sketchy', and offers its own practical advice on how directors can get involved ‘at the sharp end’ (see http://www.rospa.com/occupationalsafety/bttf/index.htm ).

COMMENT:
“The Government has quite rightly accepted many of the recommendations of the recent joint Home Affairs and Work and Pensions Select Committee enquiry to which we submitted evidence. Establishing a new offence which will enable corporations to be found guilty of manslaughter - as opposed to their directors as individuals - has not been easy.
In practice, the key test will remain how to demonstrate evidence that an accidental death was due to management system failures, whether these were at the board or the supervisory level. Juries will need to be convinced that standards of health and safety risk management in such cases fell ‘far below’ what might reasonably have been expected.
RoSPA agrees that prosecution for the offence should be reserved for the most blatant cases of health and safety management failure. Health and safety law should continue to be used to prosecute when employers have failed in their duty to safeguard lives, limbs and health.
The new offence is an important step in the right direction, but equally it must not lead to inappropriately risk averse behaviour. Those directors and organisations that take their H&S responsibilities seriously will have nothing to fear, even if, despite everything, things go tragically wrong. It would be quite wrong, for example, for corporate manslaughter to be used as an excuse for board members to resign, overseas companies not to invest in the UK or for organisations to try to ban things because they might be dangerous.” - RoSPA Occupational Safety Adviser.
"We are pleased that ministers have listened to concerns over the way that the original Bill focused overly on failures by senior managers and will instead now look for ways of broadening the basis for liability within an organisation.
The HSC is currently working on new safety duties for directors, and the combination of these and the Bill could help make a real difference to the health and safety of UK workers. All responsible employers would welcome the changes, as would the relatives of those killed as a result of corporate negligence. The TUC is calling on the Government to introduce the Bill as soon as possible, and definitely during the current parliamentary session." - TUC General Secretary.

FALL FROM HEIGHT DEATH IN JERSEY
Posted Friday, March 10, 2006 by Ahmed Khan
It is reported that a worker in his 20's has died of injuries he sustained in a 12-metre fall through the roof of a warehouse in St Helier, Jersey.

LIFT INCIDENT LED TO HOTEL'S PROSECUTION AFTER WARNINGS WERE IGNORED
Posted Friday, March 10, 2006 by Ahmed Khan
A hospitality business, the Great Eastern Hotel near Liverpool Street Station in London, has been prosecuted and fined after pleading guilty to failing to meet duties it owed under health and safety legislation in relation to a passenger lift which failed in December 2004 when its drive-shaft sheared, trapping a member of staff between floors.
In 2003, the City of London Corporation had warned the hotel management for not carrying out thorough examinations of their lifts within the legally specified timescales. Investigation established that the lifts at the hotel had not received a thorough examination within the last 6 months, contrary to the Lifting Operations and Lifting Equipment Regulations 1998 (LOLER). Inspection had been arranged through the hotel's insurer, Allianz Cornhill Engineering, but the inspection personnel were prevented by the hotel from undertaking an examination on the date it was due.
Additionally, the incident fell into a category that required immediate reporting under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 to the City of London Corporation, but this was delayed whilst the hotel management waited for a report from their maintenance engineers, Fujitec.

OFFENCES
The Great Eastern Hotel was fined £4,000, with £1,990 costs, at the City of London Magistrates' Court after pleading guilty to 4 separate health and safety offences following the dangerous occurrence.

The offences were:
S.2(1) of the Health & Safety At Work Etc. Act 1974 - failure to provide a safe system of work for their employees (£1,000 fine)
r. 9 (3)(i)(a) of the Lifting Operations & Lifting Equipment Regulations 1998 – failure to have passenger lifts, both staff and public, examined at least every 6 months (2 x £1,000 each);
r. 5 of the Management of Health & Safety At Work Regulations 1999 – failure to monitor the health & safety performance of their contractors (£1,000 fine).

MAIB INVESTIGATES WORKER'S 7-METRE VESSEL FALL
Posted Friday, March 10, 2006 by Ahmed Khan
A crewman on board a cargo vessel berthed at Hartlepool Docks has sustained multiple injuries in a fall from the deck into the vessel's hold.
The Marine Accident Investigation Branch, a separate branch within the Department for Transport (DfT), has powers under the Merchant Shipping Act 1995 to investigate and report such merchant shipping accidents, and now operates with the benefit of a Memorandum of Understanding between it, the HSE and the Maritime and Coastguard Agency.

HEALTH AND SAFETY AWARENESS EVENTS FOR CARE HOME OPERATORS
Posted Friday, March 10, 2006 by Ahmed Khan
This week sees the beginning of a joint safety initiative by HSE, the Commission for Social Care Inspection (CSCI) and local authorities across Yorkshire and Humber.
Representatives of residential and nursing care homes in the regions are being invited to attend health and safety awareness events which will have a focus on managing the everyday risks for residents and staff. Issues such as manual handling, legionella, scalding, hot surfaces, falls from windows and violence will be broached, delegates can view demonstrations, information stands, and get access to informed help and advice.
The venues and dates are as follows:

10 March The Council Chamber, Town Hall, Skipton;
13 March Hull Education Centre, Coronation Rd North, Hull;
13 March Centre in the Park, Norfolk Park, Guildford Ave, Sheffield;
17 March, but date to be confirmed, The Old Restaurant, Town Hall, Wakefield;
20 March Folk Hall, Hawthorn Terrace, New Earswick, York.
The events precede an inspection programme by the enforcing authorities.

RNID AND THE TUC ALERT EMPLOYERS TO IMPENDING NOISE CHANGE
Posted Friday, March 10, 2006 by Ahmed Khan
Recent estimates are that as many as 170,000 people in the UK suffer damage to their hearing as a result of exposure to excessive noise at work, ranging from loss of hearing to a permanent sensation of noises or ringing in the ears, known as 'tinnitus'.
The TUC and the RNID are warning employers they may well have to make significant changes to their workplaces and systems if they are to conform to the new Control of Noise at Work Regulations which come into effect on 6th April 2006.
The new regulations, for example, alter the noise levels at which workers will be required to have hearing protection available and to wear hearing protection, additionally they oblige employers to reduce noise through a 'hierarchy of control measures', ranging from acoustic and mechanical design down to hearing surveillance and protection.
Visit HSE's dedicated noise pages at http://www.hse.gov.uk/noise/index.htm

ENFORCERS FIND FAULT WITH LONDON STONE HANDLING BUSINESSES
Posted Friday, March 10, 2006 by Ahmed Khan
A recent joint initiative, part of the Moving Goods Safely project, conducted by HSE and Brent Council to ensure the risks inherent in stone handling businesses across Brent in London were being adequately managed, resulted in the issue of enforcement notices at over 25% of them. The initiative involved visiting 15 premises, where risks are generated by moving heavy marble and granite slabs, hand-arm vibrating equipment and the creation of silica dust, 8 improvement notices were served on 4 of the companies visited.
The officials are programming return visits for later this year.

EMPLOYEE COMPENSATED FOR MANUAL HANDLING INJURIES
Posted Friday, March 10, 2006 by Ahmed Khan
Durham County Council has been directed to compensate a worker they employed at Chester Le Street Youth Centre in respect of its negligence relating to a manual handling injury sustained by him during March 2002 when he attempted to store a bouncy castle on his own, a task that had become accepted practice but was documented by the Council to require 2 persons.
The worker is to receive £33,750.

PROPERTY DEVELOPERS TO BE PUT IN PICTURE AT FREE LONDON SAFETY SEMINAR
Posted Friday, March 10, 2006 by Ahmed Khan
HSE's construction division is to entertain property developers at its London offices on Southwark Bridge in March. These construction clients are invited to attend a free half-day training event which aims to arm them with an understanding of the health and safety laws that apply to them.
It takes place on Monday 20th March 2006, between 10.30 - 13.00 hrs, to book contact HSE by tel - 020 7556 2100, or email kokhab.rafi@hse.gsi.gov.uk

FIREWALKING COMPANY GETS FINGERS BURNT
Posted Friday, March 10, 2006 by Ahmed Khan
Motivational training company SI Corporate Development Ltd has been prosecuted and fined over a March 2004 training exercise for employees of Deloitte and Touche that landed a participant in hospital and resulted in a 2-week absence from her work after walking on hot coal in a car park at London Bridge. After accomplishing the 'fire-walk' she immediately complained of burns to her feet.
Investigation by officials of Southwark Council found the company's risk assessment deemed that if the fire-walk was built by a qualified fire-walk instructor from soft specially seasoned wood, the stunt would be no more dangerous than ‘walking barefoot on hot sand on the beach’. Additional risk controls were that all participants had to recieve over one hour's coaching by a qualified instructor, and that checks had to be made for anyone who had foot injuries or skin allergies in the last 12 months. It transpired that the injured participant had had a pedicure a few days earlier and this had not been considered in the risk assessment.
The prosecution maintained that: the company’s risk assessment was not suitable and sufficient to determine the critical temperature of the coal which is likely to cause burns as different people have different susceptibility; and that the defendant failed to follow safe systems of work prescribed in their procedures which included offering information about skin conditions that would have excluded the victim from fire walking.

At Camberwell Green Magistrates' Court SI Corporate Development pleaded guilty to an offence under the Health and Safety at Work etc Act 1974 for failing to discharge a duty to make a suitable and sufficient assessment of the risks of the health and safety of a person not in their employment, for which it was fined £3,000, with costs of £4,655.
On sentencing the company, the court made 2 observations: that it should review the information given to individuals to ensure informed consent by the participants; and it should expand its medical conditions which may render some activities inappropriate to certain individuals.

EMPLOYEE DIES AT B&Q
Posted Friday, March 10, 2006 by Ahmed Khan
A retail company employee, aged 69, has died in a fall from height accident at B&Q's Bridge of Dee store in Aberdeen.
According to several accounts he fell around 6 metres from storage racking he had accessed, one account stated that he was also struck by falling items of stock.
Aberdeen City Council environmental health officials are investigating the accident which occurred on Thursday of last week.

SOUTH SHIELDS BUILDING COMPANY PROSECUTED FOR HEALTH AND SAFETY BREACHES
Posted Thursday, March 9, 2006 by Ahmed Khan
An 86 year old female customer sustained head and spinal injuries when she fall through an open trapdoor in an electrical shop in South Shields. The trapdoor was being used for access to the shop basement by local building contractor Wright Building Company Ltd.

Investigation by South Tyneside Council led to prosecution and fines for both the contractor and the shop owner, Thompson Bros., who admitted breaching the Health and Safety at Work Act etc 1974 for which they were fined a total of £2,500 by South Tyneside Magistrates' Court, and must also meet Council prosecution costs of £4,200.

The Council says both parties have since acted to improve their health and safety management systems.

ACCOUNTS MANAGER TACKLED ROOF JOB
Posted Thursday, March 9, 2006 by Ahmed Khan
During April 2005, an employee of a furniture warehouse whose normal remit was handling accounts, was despatched by a director to conduct roof maintenance and repair at its premises in Ealing, London. Assisted by 3 colleagues he accessed and traversed the roof but fell 10 metres through a rooflight onto concrete below, escaping lightly, with the only lasting damage to his wrist.
The director of Global Arthouse Ltd, once trading at Chase Road Trading Estate, Park Royal, Ealing, admitted breaching S.2 of the Health and Safety at Work etc Act 1974 for which he was fined £500, with £500 costs, at Acton Magistrates' Court.

COMMENT:
“In 2004/5, 53 people died and nearly 3,800 suffered a serious injury nationally as a result of falls from height. Fortunately Mr _____ was not seriously injured but it could all too easily have resulted in a fatality. This accident was entirely preventable and it is important to send a clear message as to the devastating consequences of such accidents.” - Head of environmental health, business regulation and support, Ealing Council.

UK WASTE AND RECYCLING'S 9 DEAD IN 8 WEEKS
Posted Thursday, March 9, 2006 by Ahmed Khan
There has been a shocking and tragic momentum of workplace death over the last 8 weeks in the country's waste and recycling industry, with 9 lives lost in work activity, 7 of them were killed by being struck by a vehicle.
HSE wishes to alert the industry to the need to periodically review procedures and to help prevent more incidents such as those which have cost lives during recent weeks:

21 February 2006, a fork lift truck operator crushed when the vehicle overturned at a scrap yard in Lowestoft, Suffolk;

16 February 2006, member of the public struck by refuse collection vehicle in Weybridge, Surrey;

2 February 2006, a member of the public was found dead inside a waste paper compacting machine in Birmingham;

2 February 2006, a waste picker was run over by a mechanical shovel at a recycling centre near Hartley-Witney, Hampshire;

30 January 2006, a member of the public was run over by a reversing bin lorry in Wigton, Cumbria;

30 January 2006, a binman run over by his own vehicle whilst collecting household waste in Morpeth, Northumberland;

27 January 2006, a bulldozer driver died on a landfill site in Brogborough, Bedfordshire, after becoming caught on his vehicle;

25 January 2006, a crane collapsed on a customer at a scrap yard in High Ongar, Essex;

21 December 2005, a binman was hit by a car when collecting wheelie bins in Bournemouth.

HSE has recognised the activity's poor safety record over recent years and acted last year with the implementation of a 3-year programme to improve performance through working with the industry and conducting an inspection initiative (see http://www.hse.gov.uk/waste/ ).
HSE has developed specific guidance with the Waste Industry Safety and Health (WISH) Forum and also has relevant information at its Workplace transport pages.

COMMENT
"The tragedy of these incidents must act as a stimulus for the industry to review its procedures, making sure that vehicle risks are properly controlled. Wherever possible pedestrians and vehicles should be segregated, paying special attention to transfer stations and sorting areas.
Street collection activities need to address the risks to collection staff and other road and pavement users, using reversing aids such as mirrors, CCTV, detectors and beacons do reduce the risks. In most public access areas you will usually need to provide reversing assistants, their job being to help the driver and prevent or warn pedestrians entering manoeuvring areas when the risks cannot be controlled adequately by other means." - Principal Inspector of HSE's Waste and Recycling Section.

IIAC NOT CONVINCED ABOUT OCCUPATIONAL VOICE LOSS
Posted Thursday, March 9, 2006 by Ahmed Khan
The Industrial Injuries Advisory Council (IIAC), which advises the Secretary of State for Employment and Welfare Reform on the Industrial Injuries Disablement Benefit (IIDB) scheme, has published a Position Paper on Occupational Voice Loss, conveying its view that - 'there is currently insufficient good quality epidemiological evidence of an association between voice loss and particular occupations'.
For the time being, at least, voice loss and vocal disorders, in particular occupational groups, shall not be made prescribed diseases for the purposes of the IIDB scheme. However, the Council says it recognises the issue to be an emerging area of research and intends to keep the subject under review.

WSA 3RD ROUND AWARD WINNERS ANNOUNCED
Posted Thursday, March 9, 2006 by Ahmed Khan
The Department for Work and Pensions-funded Workers' Safety Adviser (WSA) Challenge awards made by HSC/E of between £52,777 and £100,000 have been allocated to 13 organisations.
This, the 3rd round of such awards since 2004, enables the successful bidders to 'engage and enthuse employers and workers alike, through the activities of the Workers' Safety Advisers they employ, to establish collaborative environments in which to drive through improvements in occupational health and safety.'
The HSE-appointed independent Management Board assessed the 57 applications and made recommendations to approve the partnerships, read the press release for details of award winners' projects.

EMPLOYEES PLUNGED 7M WHEN SCAFFOLDING FAILED
Posted Thursday, March 9, 2006 by Ahmed Khan
At the Leegomery Community Centre, Telford, on 28th February 2003, 4 workers were man-handling a concrete lintel weighing approximately 200kgs whilst standing on a scaffolding structure erected in an under-construction lift shaft. The structure suddenly failed, plunging them 7 metres below.
Investigation by the HSE led to prosecution of the Borough of Telford and Wrekin, which pleaded guilty to a breach of r.10 and r.15(1) of the Construction (Design and Management) Regulations 1994. The authority was deemed to have provided a health and safety plan that was inadequate both in terms of its timely provision to the contractor and the plan's content. Additionally, it had not ensured that an adequate construction phase health and safety plan had been prepared and was in place before the work started. For these breaches it was fined £10,000, with costs of £11,250.
Contractor WC Corfield & Son (Telford) Ltd pleaded guilty to a breach of r.15(4) of the Construction (Design & Management ) Regulations 1994 in that it failed to develop the health and safety plan as the construction phase progressed. It also pleaded guilty to a breach of S.2(1) of the Health and Safety at Work etc Act 1974, for which Telford Magistrates fined it £20,000.

SHOP OWNER PROSECUTED AFTER IGNORING ENFORCEMENT OFFICIALS' WARNINGS
Posted Thursday, March 9, 2006 by Ahmed Khan
Rochdale Magistrates have fined a shop proprietor £9,000 for failing to take even basic precautions to protect the health and safety of members of public, including children, and his own employees during the conduct of major building work at the shop premises where he operated a Costcutter franchise in Middleton, Rochdale.
The proprietor failed to assess risks inherent in the work, exposing customers to unacceptable hazards, such as 1-metre deep holes next to the counter whilst excavation work was taking place, inadequate measures had been taken to prevent people from accessing dangerous areas of the premises, and ceiling fixtures, light fittings and live wires were exposed in all areas accessible to the public.
These failures were compounded when he ignored warnings from the Council's officials. He pleaded guilty at Rochdale Magistrates Court to 4 offences under health and safety legislation.

DRUNKEN SKIPPER RAN HIS VESSEL AGROUND
Posted Thursday, March 9, 2006 by Ahmed Khan
The master of a vessel which ran aground off Kent and docked later in Hull was discovered to have 140 microgrammes of alcohol per microlitre of breath, around 4 x the legal limit for driving a car, a record says the Maritime and Coastguard Agency (MCA) for any case they have handled. The 45-year-old Romanian national has been referred by Scunthorpe Magistrates to Grimsby Crown Court for sentencing after pleading guilty to breaches of the drink/drive provisions of the Railway and Transport Safety Act 2003 and s.58 of the Merchant Shipping Act 1995, as amended.
On the 13th February 2006, the owners of the Swiss-registered vessel 'Kathrin' contacted Dover Coastguard to report that the vessel had grounded on the Goodwin Sands. The radar records at Dover showed that it had crossed normally from the NE lane of the Dover Traffic Separation Scheme into the English inshore traffic zone, but instead of altering course to continue its passage up to the Humber, the `Kathrin' maintained its course, narrowly missing the East Goodwin Light Vessel but only to run aground on the Goodwin Sands. When met at New Holland by an MCA Port State Control Inspector, it was suspected that the Master was over the prescribed limit for alcohol and he was taken to Scunthorpe police station.

TIMEOUT FOR CONSTRUCTION REGULATIONS
Posted Thursday, March 9, 2006 by Ahmed Khan
The HSE has announced a re-timetabling of the revised Construction (Design and Management) (CDM) Regulations which are now set for implementation in Spring 2007 instead of the previously intended date of 1st October 2006.
The new Regulations revise and bring together provisions in the existing CDM Regulations 1994 and the Construction (Health Safety and Welfare) (CHSW) Regulations 1996 into a single regulatory package, which will be supported by an Approved Code of Practice (ACoP) and industry-produced guidance. HSE intends to make a final draft of the ACoP available 3 months in advance of the Regulations coming into force.

NEW ADVICE FOR EMPLOYERS ON INVOLVING WORKERS IN HEALTH AND SAFETY MANAGEMENT
Posted Thursday, March 9, 2006 by Ahmed Khan
Employers intent on involving workers in health and safety management can now access a dedicated website featuring new resources, including website tools to advise and help them with this.
The package has case studies illustrating the approach and successes of a range of businesses and organisations such as:

The Sky Forum at BSkyB, a company-wide mechanism for managers and worker representatives elected by their colleagues to meet and discuss issues including health and safety. The Forum is supported by a range of systems for Sky’s 11,000 workers to raise concerns through their representatives;

SELEX Sensors and Airborne Systems, whose 4,500 staff are actively involved in health and safety in a variety of ways, such as near-miss reporting and safety investigation forms, underpinned by training and awareness raising;

Geocel, a leading sealant and adhesive supplier with 85 staff based in Plymouth, the company’s successful health and safety management is based on involving workers, a policy that has seen its business performance transformed and a 4-year record of production without a lost-time injury;

The National Probation Service has made significant achievements in health and safety since 2002, when it introduced a worker involvement scheme to improve partnership working. Workers are involved through a National Health and Safety Forum, with the active participation of trade union safety representatives, and working groups set up to deliver the Directorate’s health and safety strategy.

CARPENTER FELL FROM THEATRE ROOF
Posted Thursday, March 9, 2006 by Ahmed Khan
West London Magistrates' Court has fined the Royal Court Theatre in Sloane Square a total of £22,000, with costs of £10,000, for failing to meet duties owed to an employee under health and safety law.
The failings came to light during the investigation by officials of the Royal Borough of Kensington and Chelsea of an accident in November 2004 when a carpenter sustained major injury in a 5-metre fall from a roof as he attempted to install a light box. The accident victim's training was inadequate, as were the fall protection and prevention measures, and he had worked without the risk controls that would have been derived from a suitable and sufficient risk assessment.
The Royal Court Theatre was fined £18,000 for breaching s.2 of the Health and Safety at Work etc Act 1974 and £4,000 for breaching r.3 of the Management of Health and Safety at Work Regulations in respect of risk assessment.

GUIDANCE FOR ELECTROPLATING WORK
Posted Thursday, March 9, 2006 by Ahmed Khan
Engineering Sheet No 4 (rev), Workplace welfare in the electroplating industry, has been published on the HSE website, it describes typical health and safety problems encountered by HSE inspectors visiting electroplating workshops.
The remedies are suggested which are likely to meet employers' duties under The Workplace (Health, Safety and Welfare) Regulations.

NEW CHILD RESTRAINT AND SEATBELT RULES FOR VEHICLES
Posted Thursday, March 9, 2006 by Ahmed Khan
The Road Safety Minister has been commenting on the proposed new regulations concerning the use of child restraints and seatbelts in vehicles, which are to be put before both Houses of Parliament for approval this Spring.
The new requirements, which will not come into force until September 2006, are based on EC Directive 2003/20/EC, and require: all children under 3 years old must use an appropriate child restraint when travelling in any car or goods vehicle (except in the rear of a taxi if a child seat is not available);
children aged 3 or more years old and up to 135cm (approx 4 ft 5 inches) in height must use an appropriate child restraint when travelling in cars or goods vehicles fitted with seat belts (few exceptions are permitted);
rear-facing baby seats must not be used in seats with active frontal air-bag;
where seat belts are provided, the number of people carried in the rear of vehicles may not exceed the number of seats available fitted with seat belts or child restraints (to apply from May 2009); and
UN ECE 44.03 or later standard child restraints must be used from May 2008.

COMMENT:
"Most people make sure that children use some kind of restraint when travelling on the road, but it is vitally important to use the right one; and not to use an adult belt before the child is big enough.
Small children need the protection that baby seats and child seats are designed to provide. Seat belts are designed for adults. Children who have grown out of child seats still need to use booster seats and booster cushions.
We estimate that these changes could prevent over 2000 child deaths or injuries each year." - Road Safety Minister.

RESEARCH AND TECHNOLOGY ORGANISATION FINED AFTER CARBON MONOXIDE INCIDENT
Posted Thursday, March 9, 2006 by Ahmed Khan
The Welding Institute (TWI) has been prosecuted and fined for lapses that led to 3 employees collapsing from carbon monoxide poisoning during the testing of underwater spray equipment that is believed to have malfunctioned.
TWI pleaded guilty to breaching s.2 of the Health and Safety at Work etc Act 1974 and the Management Regulations for which it was fined £20,000, with almost £10,000 in costs, at Cambridge Magistrates' Court.
Risk assessment had failed to identify the circumstances in which carbon monoxide could be produced in volume during the testing of a prototype model at TWI's laboratory in Great Abington, Cambridgeshire.
TWI Ltd is the operating arm of The Welding Institute, an independent research and technology organisation.

CHANCE FOR BETTER OCCUPATIONAL HEALTH IN SMALL BUSINESSES
Posted Thursday, March 9, 2006 by Ahmed Khan
Small and medium-sized enterprises (5-250 employees) in England and Wales now have access to a free occupational health and safety service, Workplace Health Connect, which is the counterpart of Safe and Healthy Working (now part of the Scottish Centre for Healthy Working Lives), an existing service for small companies in Scotland which has been operating since 2003. Both aim to reduce the incidence of workplace ill health which leads to 28 million working days lost annually in the UK.
Free, impartial and practical advice and support on health and safety is on offer, workplace visits from professional advisers are possible.

COMMENT:
"It is simply unacceptable that UK small businesses incur major costs because they are unaware of effective and efficient solutions to manage health and safety. A confidential advisory service for small businesses offers cost-effective and simple solutions to help cut workplace injuries and ill-health." - UK Minister for health and safety.
"Smaller businesses have always driven the UK economy forward and we want to give them every opportunity to continue this role. However, workplace ill health is costing small businesses up to 10% of their total payroll costs, which can put real downward pressure on their bottom line. We therefore want to help small business stop workers becoming ill at work and help them to get back to work as soon as possible. This is why HSE supports Healthy Working Lives and why we've launched Workplace Health Connect." - HSE Chief Executive.

OCCUPATIONAL ILL HEALTH IN BAKERIES - INSPECTION PILOT
Posted Thursday, March 9, 2006 by Ahmed Khan
An inspection of bakery premises in North Wales by local authorities and the HSE begins soon to ascertain the extent of health problems arising from exposure to flour dust. They will also be measuring the levels of flour dust during the baking process.
Advice will be offered to bakery employees to help them avoid asthma and dermatitis, the 2 significant causes of occupational ill health, by adopting good working practices. A survey conducted in 2004 showed a low level of compliance with the Control of Substances Hazardous to Health (COSHH) Regulations - 74% of bakeries employing 5 or more people had not properly assessed the hazards of occupational asthma.

Comment:
"Flour may not be everyone's idea of a threat to health, but anyone exposed to fine, powdery substances for prolonged periods of time will inevitably run a risk of breathing problems and skin rashes.
The industry has agreed a specific target of reducing occupational asthma by 30% by 2010. We are here to help employers and employees avoid future ill-health problems. The initial cost to business of employing safe working practices are negligible compared to the benefits in terms of reduced sick days and avoidance of possible enforcement action.
This project will also identify the levels of asthma and dermatitis amongst bakers. It is being piloted in North Wales and if successful the initiative will continue throughout the rest of the country." - HSE Principal Inspector.

KEBAB SHOP’S WINDOW LANDS OWNER IN COURT!
Posted Thursday, March 9, 2006 by Ahmed Khan
A failure to comply with the legal duty to control the risks of his workplace landed the proprietor of a Newport, Isle of Wight, kebab shop in court. The court appearance related to an accident involving a 25-year-old customer during October 2004 when he sustained serious leg and neck cuts after running through the glass shop frontage. Investigation by Isle of Wight Council revealed that glazing had not been constructed of safety glass or protected from breakage, and had no markings to indicate its presence. Furthermore, the shop proprietor had been aware of the risk presented to customers by the glazing, but had taken little action to prevent it, he was fined a total £1,000, with £500 costs, after pleading guilty to breaching s.3 of the Health and Safety at Work etc Act 1974.

Previous Page