April 2006

TOO MANY PEOPLE FALL FROM COMMERCIAL VEHICLES
Posted Thursday, April 20, 2006 by Ahmed Khan
Professional drivers must frequently climb in and out of their vehicles, and this leads to a variety of slip, trip and fall accidents, with falls from vehicles accounting for around one third of workplace transport accidents, and around one third of these is preceded by a slip or trip. To determine the underlying causes and hence, in some cases, means of preventing these incidents, was the aim of researchers at the Health and Safety Laboratory who worked on behalf of the HSE who have published the report RR 437 - The underlying causes of falls from vehicles associated with slip and trip hazards on steps and floors, which was part of the HSE Workplace Transport Priority Programme.
The study considered a number of variables such as the slipperiness of cab and trailer steps and floors; tripping hazards; drivers' ‘normal practice’ when accessing and egressing vehicles; the frequency and purpose of accessing loads on trailers; the provision and adequacy of on-board access equipment; the situation of the 5th wheel; and types of footwear used by drivers and their suitability.
Many recommendations are made in the areas of vehicle design, use of anti-slip surfaces, improved access and egress provision, improved maintenance and housekeeping of vehicles, fall arrest systems and loading aids, raising awareness of falls from vehicles, producing industry specific guidance, working to address shortfalls in current British and European Standards and working with industry bodies to help to tackle the industry’s 'time is money' culture.

INCIDENTS - BOY KILLED BY POWER GATES; HORSE RIDER KILLED IN FALL AT EQUESTRIAN EVENT; SCAFFOLDER SURVIVES 15M FALL
Posted Thursday, April 20, 2006 by Ahmed Khan
Investigation continues into the death of a 9-year old boy who sustained head injuries when he was crushed by power-operated gates at a residential property in Poole, Dorset. It is believed he was operating the gate's controls at the time.

A woman aged 45 has succumbed to injuries she sustained in a fall from her horse during an endurance event on Saturday at Margam Park, near Port Talbot. She fell from her horse when it suddenly bolted.

A scaffolder has sustained major injuries including a broken leg in a fall from a church spire in Bishop's Castle, Shropshire, while he and others were striking a scaffolding there on Tuesday.

UNAPPROVED PESTICIDES PROSECUTION
Posted Thursday, April 20, 2006 by Ahmed Khan
Growing Success Organics Ltd of Salisbury, and one of its directors, have been fined a total of £4,000, with costs of £9,760, for illegally supplying 2 unapproved pesticide products, namely Growing Success Squirrel Stop and Growing Success Hormone Rooting Gel.
This act was in breach of the Control of Pesticides Regulations (COPR) 1986, the company had persisted in supplying the products despite prior warning by the Pesticide Safety Directorate.

BSC INTERNATIONAL SAFETY AWARDS CEREMONY
Posted Thursday, April 20, 2006 by Ahmed Khan
The British Safety Council's International Safety Awards ceremony takes place this year at a celebratory banquet at Grosvenor House, Park Lane in London, on Friday 19th May.
Only companies achieving accident incidence rates better than the industry average for their sector are eligible for entry. Applicants support their entry by submitting a variety of documents including safety policies, safety plans and the health and safety officers' qualifications. An important requirement is board level commitment to health and safety which must be demonstrated. Details of significant health and safety advances for the qualifying year must also be submitted.
The Awards, made annually, enjoy the support of the HSE.

PATIENT DIES AFTER MEDICAMENT IGNITES
Posted Thursday, April 20, 2006 by Ahmed Khan
A patient receiving treatment at Sheffield's Northern General Hospital has died following an incident in which, it is believed, he inadvertently ignited vapours given off by a medicament applied to his skin as he smoked a cigarette.
The man was an in-patient at the hospital operated by Doncaster and Bassetlaw Hospitals NHS Foundation Trust, accounts state the 60-year old was situated in a means of escape from the building at the time of the incident.

ERRORS AND MISJUDGEMENTS LED TO PATIENT'S BURN AND PROSECUTION
Posted Thursday, April 20, 2006 by Ahmed Khan
The sole director and proprietor of AH+ of High Wycombe has been prosecuted and fined after local council officials investigated an accident in which a patient sustained a serious burn when an infra-red heat lamp was applied to his back by a 14-year old work experience school pupil as part of an acupuncture session. The lamp was not designed to be hand-held, and despite protests from the patient that his back was burning, the pupil was instructed to continue.
The patient was charged over £200 for his 'treatment' and advised the burn would heal in a couple of days, however skin grafts were necessary and he still suffers discomfort from the wound.
The proprietrix of the business admitted breaching s.3 of the Health and Safety at Work etc Act 1974 for which she was fined £4,000 by Magistrates, and must additionally pay £2,500 compensation and £4,000 legal costs. No risk assessment had been undertaken, and training and supervision had clearly been inadequate.

WOODWORKING REMAINS A DANGEROUS ACTIVITY
Posted Thursday, April 20, 2006 by Ahmed Khan
Around 600 major injuries each year in GB rates woodworking as a dangerous work activity. This is recognised by HSE who hold Safety Awareness Days regionally, such as the recent one at South Kent College in Folkestone. Woodworking companies who attended will not have an HSE inspection for at least one year following the event, providing they put the guidance they have received into practice.

HOSPITAL RISK ASSESSMENTS MUST LEAD TO THE ADEQUATE PROTECTION OF STAFF AND PUBLIC FROM VIOLENT ATTACK
Posted Thursday, April 20, 2006 by Ahmed Khan
HSE is advising hospitals to ensure their risk assessments are suitable and sufficient and lead to the adequate protection of both staff and patients, last week a hospital was fined for this very failing after a violent attack.
Nuneaton-based George Elliot Hospital was fined a total of £10,000, with costs of £3,500, at the town's Magistrates' Court after it pleaded guilty to breaching S.2(1) and 3(1) of the Health and Safety at Work etc Act 1974.
Prosecution followed an investigation of a November 2004 incident in which a patient on a ward became aggressive and shut himself in a room with another patient and threatened staff with a chair, before breaking a window, jumping out and running away.
The hospital was served an improvement notice in 2001 for failings relating to violence and aggression which it complied with, but in 2005 during a routine audit a number of failings were again identified which related to violence and aggression.

PYROTECHNICS COMPANY FINED FOR PERMITTING DANGEROUS STORAGE OF FIREWORKS
Posted Thursday, April 20, 2006 by Ahmed Khan
Mars Pyrotechnics Ltd of Harlow, Essex, has been prosecuted and fined £5,000 by magistrates after it was found guilty of permitting 5 tonnes of fireworks to be stored dangerously, the case was brought against the company following work by Enfield Council’s Trading Standards officers, who in September 2004 seized the fireworks at an Edmonton warehouse.
The failure put Mars in breach of its health and safety duties, in mitigation it maintained it had sold the goods on to another party who, it believed, was as a consequence responsible for the explosives, but did not disclose who this was.

BIRD FLU - RISK ASSESSMENT AND PRACTICE GUIDANCE
Posted Thursday, April 20, 2006 by Ahmed Khan
Guidance has been published which should help all persons working commercially with poultry, including the self-employed, vets and other people working with poultry and birds, arrive at suitable risk assessments and devise safe working practices in the event of an outbreak of avian influenza.
Avoiding the risk of infection when working with poultry that is suspected of having highly pathogenic avian influenza is a product of a Government & Industry Working Group consisting of representatives from the National Farmers Union, British Egg Industry Council, British Poultry Council, HSE, Health Protection Agency, Department of Health, Department for Environment, Food and Rural Affairs and the State Veterinary Service.

Contents include:
routes of Infection; being vigilant; action to take if you suspect disease; avoiding risks to your health; putting on and removing PPE in the correct order; actions when HPAI infection in poultry is confirmed; vaccination and use of anti-virals; risks to others.

KERBSIDE COLLECTION OF RECYCLABLES - REDUCING RISK OF MSDS
Posted Thursday, April 20, 2006 by Ahmed Khan
A report is now available that provides invaluable material for anyone designing the work of personnel who collect recyclable items at the kerbside, with a view to reducing or eliminating musculoskeletal risks.
The report, HSL/2006/25 - Manual handling in kerbside collection and sorting of recyclables, is based on an investigation of the risks associated with the collection of recyclables in boxes and their sorting on or alongside the vehicle, researchers made site visits to operational recycling rounds and box and vehicle manufacturers.
Numerous aspects of the activity were considered, box and vehicle dimensions, box weights, receptacle and handle design, load, vehicle design and influence on posture, lifting frequency and technique, carry distance, environmental factors and work organisation.
A range of control measures to reduce the risks of MSDs was identified from the investigation with many recommendations made in the light of findings.

ASDA FINED FOR ELECTRICAL SAFETY MISDEMEANOUR
Posted Thursday, April 20, 2006 by Ahmed Khan
Asda was fined £10,000 at Sefton Magistrates' Court, with costs of £2,300, last week after it admitted breaching health and safety legislation in the circumstances of a December 2004 incident in which an employee sustained an electric shock when she contacted a live conductor in an abraded cable.
The cable formed part of an improvised temporary wiring arrangement, it lost its insulation through abrasion against a window opening which it had been passed through of necessity, because a socket in that room had not been repaired, and the solution was to use a socket in an adjacent room. The employee working at Asda's Aintree store received the shock when she opened the metallic window.

DRILL ACCIDENT VICTIM LOSES HAND
Posted Thursday, April 20, 2006 by Ahmed Khan
Paisley Sheriff court has fined local foundry company Carlton Die Castings Ltd £5,000 for failures that led to a female employee eventually losing her hand after a workplace accident. Her gloved hand became caught up in the rotating parts of a large drill, the company admitted failing to adequately prevent access to a dangerous zone of the equipment. The employee was wearing the glove contrary to instruction, but had done so inadvertently. An unsafe system of work was the result of a failure to implement controls derived from a suitable and sufficient risk assessment.

WASTE AND RECYCLING VEHICLES IN STREET COLLECTION - BEST PRACTICE DOCUMENT
Posted Thursday, April 20, 2006 by Ahmed Khan
A very informative and immediately useful best practice document, Waste and recycling vehicles in street collection, has been produced by HSE in consultation with the Waste Industry Safety and Health Forum (WISH).
The work is based on a guidance note produced by the Northamptonshire Local Authority Safety Advisors Group for managers, supervisors and workers to assist in the elimination or reduction of risk associated with the use of vehicles in the activity.

3 DEATHS MAY BE ATTRIBUTABLE TO DOMESTIC CO POISONING
Posted Thursday, April 20, 2006 by Ahmed Khan
It is reported that one adult and 2 children have died in an incident at a house in Barking, London. There has been speculation that they may have been poisoned by carbon monoxide, 2 other adults are said to be in a critical condition.
According to one account, work was recently undertaken on the house's gas equipment, and a man is helping police with their inquiries in connection with this tragic event.

EMPLOYEES' GUIDANCE ON WORKING WITH METALWORKING FLUIDS
Posted Thursday, April 20, 2006 by Ahmed Khan
HSE has published a revised guidance publication, Working safely with metalworking fluids: a guide for employees INDG365(rev1).
It informs generally, covering the following: what are MWFs;
routes of entry into the body; the ways they can affect your health;
the available precautions; and health checks.

FATAL FALL THROUGH FRAGILE ROOF
Posted Thursday, April 20, 2006 by Ahmed Khan
A verdict of accidental death has been returned by an inquest jury considering the death of a painter who during November 2004 fell 10m to his death through the fragile pitched roof of commercial premises in Olney, Bucks.
He was employed by MJM Painters and Decorators Ltd of Rushden, whose method statement indicated mobile elevating platforms should have been used to work at height, however an alternative unsafe system of work using a ladder and scaffold planks had been adopted by the deceased.

BUNCEFIELD - 2ND INTERIM REPORT PUBLISHED
Posted Thursday, April 20, 2006 by Ahmed Khan
The Buncefield Investigation Board has published Buncefield Investigation: Second progress report, a further report from the Investigation Manager, releasing factual information as the mammoth task of investigating the Buncefield oil depot incident on 11th December 2005.
The report confirms that significant failures of the bunds that were designed to hold the liquids escaping from the damaged storage tanks, and the firefighting waters, occurred, the reasons for the failures are still being investigated, and the outcome may have a bearing on future bund design and construction.
HSE says 'storage site operators should take note of the bund failures at Buncefield. They should consider the adequacy of existing bunds on their sites as part of their ongoing safety and environment reviews.'

HEALTH AND SAFETY LEGISLATION INCREASINGLY USED TO PROSECUTE IN HEALTHCARE CASES
Posted Thursday, April 20, 2006 by Ahmed Khan
The Crown Prosecution Service appears to be increasingly moving to prosecute health care providers under the Principal Act for failings in the area of medical care.
In the latest case, a hospital trust has been prosecuted and fined yesterday for breaching the Health and Safety at Work etc Act 1974 in the circumstances of its failure to adequately manage 2 senior house officers who were employed by it to provide medical care for a patient who died in June 2000 following routine surgery. Post-operative infection, which was permitted to go unchecked and unreported to more senior doctors, claimed the 31-year-old's life.
At Winchester Crown Court, Southampton University Hospitals Trust admitted the breach for which it was fined £100,000, with costs of £10,000, for its failure to adequately supervise and manage the work of the 2 doctors at the time, who were earlier convicted of manslaughter for which they received suspended custodial sentences.
This is believed to be the Trust's first health and safety conviction.

DEATH OR SEVERE DISABILITY TOO OFTEN THE OUTCOME OF FALLS FROM HEIGHT
Posted Thursday, April 20, 2006 by Ahmed Khan
Lancashire Chemical Works Ltd has been fined £40,000, plus £15,000 costs, by Derby Crown Court for breaching the Health and Safety at Work etc Act 1974 and r.6(3) of the Work at Height Regulations 2005 in the circumstances of a workplace accident in which a man has been left partially paralysed and in hospital for 7 months.
On 12th April 2005, ____ _____ was working at Lancashire Chemical Works premises in Glossop when he fell 3.6m through an open trapdoor. The case was referred to the high Court by magistrates at Buxton.
HSE wishes to highlight this awful accident to warn employees that they must make sure proper precautions are in place when working at height, see http://www.hse.gov.uk/falls/index.htm for more information.

PROVISIONAL OFFSHORE INDUSTRY HEALTH AND SAFETY STATISTICS PUBLISHED
Posted Thursday, April 20, 2006 by Ahmed Khan
HSE has published the Hazardous Installations Directorate Offshore Division statistics report, Offshore injury, ill health and incident statistics 2004/055 ¹ for the 12-month period from 1st April 2004 to 31st March 2005.
There were no deaths arising from workplace incidents during the reporting period. The period saw a small rise in numbers employed of less than 1%, the number of major injuries, 48, remained the same as the previous year; 'over-3-day absence' injuries increased by 1 over the previous year at 104; 551 'dangerous occurrences' were reported in 2004/05, up 21 on 2003/04.

¹ provisional, to be finalised after 22nd April 2006 to allow for validation of data and any late reporting.

LIFT MAINTENANCE IS ALL IMPORTANT
Posted Thursday, April 20, 2006 by Ahmed Khan
Two men in their 20's fell to their deaths in the early hours of 4th February 2001 when they fell against the lift doors of Shirley Towers, a high-rise block of flats in Southampton. Both lift doors had swung open due to inadequate fixings on the lower rail of the opening, permitting the accident victims to fall 30m to almost certain death.
At Southampton Crown Court last week, lift operating company Otis (comprising the 2 companies Otis Investments, formerly Otis Plc, and Otis Limited, formerly Express Lifts Company Limited), was fined £400,000 having previously pleaded guilty to a breach of s.3(1) of the Health and Safety at Work Act 1974.

NEW OFFSHORE SAFETY LEGISLATION IN PLACE
Posted Thursday, April 20, 2006 by Ahmed Khan
The Offshore Installations (Safety Case) Regulations 2005 are now effective, from last week they replaced the Offshore Installations (Safety Case) Regulations 1992.
Transitional arrangements will apply to all existing safety cases, see www.hse.gov.uk/offshore/notices/on_69.htm . for more information.

NURSERY PROPRIETRIX FINED AFTER TRAGIC DEATH OF BABY
Posted Thursday, April 20, 2006 by Ahmed Khan
The proprietrix of the Sticky Fingers Nursery in Bromsgrove, Worcestershire, has been fined £12,500, with £10,000 costs, at Hereford Crown Court for safety failings deemed to have represented a breach of duty under S.3 of the Health and Safety at Work etc Act 1974 which led to the tragic death of a 7-month-old baby left unattended in a badly assembled chair by her co-workers. The infant's head became trapped in the chair and she perished from asphyxiation within a period of 20 minutes.
What emerged from the proceedings was how relatively unaware the convicted woman was of the onerous health and safety responsibilities which must be assumed by anyone operating an enterprise such as a nursery.

FLAWED ADMINISTRATIVE SYSTEM PERMITTED FATAL FALL AT POWER STATION
Posted Thursday, April 20, 2006 by Ahmed Khan
A flawed system of recording defective items and equipment permitted a workman to fall 30m to his death. In July 2003, an employee of a contracting company engaged to repair brickwork at Eggborough Power Station fell when the fixed ladderway he was using detached from the wall. The insecure ladderway fixing had been reported by a power station employee some months earlier, was inspected and earmarked for immediate remedy, but because of the number of such reports being logged, it escaped notice and the 24-hour action it warranted, largely because it had not been classified as a 'safety issue' on the computerised system.
At York Crown Court, Eggborough Power Limited admitted breaching the Health and Safety at Work etc Act 1974 for which it was fined £33,000, with costs of £60,300.

CONTROL OF NOISE AT WORK REGULATIONS 2005 COMES INTO FORCE TODAY.
Posted Thursday, April 6, 2006 by Ahmed Khan
A communications campaign is underway to remind employers of the actions that may be necessary in their workplaces to comply with the Control of Noise at Work Regulations 2005 which comes into force today (6th April 2006)¹, replacing the 1989 legislation.
Workplaces which fell within the scope of the 1989 Regulations should already have measures in place, and the main effect is likely to be a need to review risk assessments and prioritise noise-control measures. Employees whose use of hearing protection under the 1989 Regulations was advisory will now have to wear the protection supplied.
HSE wishes to place before employers the simple 'rules of thumb'² that enable them to test whether the new regulations may apply.
For more information visit the dedicated webpages or download a simple guide to the Regulations at http://www.hse.gov.uk/pubns/indg362.pdf
Copies of Controlling noise at work L108, ISBN 0 7176 6164 4, price £13.95, are available from HSE Books.

¹ Employers in the music and entertainment sectors have a further 2 years transitional period, as the new Regulations do not come in to force in these sectors until 6th April 2008. Meanwhile they must continue to comply with the Noise at Work Regulation 1989 by ensuring they minimise the risk of hearing damage to their employees.

² The simple rules of thumb that may indicate you have a noise problem are: you're surrounded by intrusive noise for most of the working day; you have to raise your voice to be heard by someone just 2 metres away, for at least part of the day; you use noisy powered tools or machinery for more than 30 minutes a day; you work in a noisy industry such as construction, road repair, engineering or manufacturing; your work causes impacts such as hammering, drop forging, pneumatic impact tools, etc.; you work with explosive sources such as cartridge-operated tools, detonators, or guns.

COMMENT:
"Over 1 million employees in Great Britain are exposed to levels of noise which put their hearing at risk. The costs to industry, society and, most importantly, the people who suffer deafness or permanent hearing damage as a result of exposure to noise at work, are considerable. The new Regulations introduce a reduction in the acceptable noise levels at work. The action values have gone down by 5dB and there is a welcome focus on noise control rather than just taking measurements. Employers should consider changes of process, engineering controls, changes of workplace lay out, or controlling the amount of time individuals spend in noisy areas.
Full compliance with the new Regulations would over time eliminate occupational noise-induced hearing loss.
Employees newly covered by the Regulations are at relatively lower risk, and the employer will need to put in place proportionate noise reduction measures and provide hearing protection on request." - HSE Chief Executive.

HSE REVIEW OF ITS STRATEGY FOR REGULATING THE DESIGN OF NEW NUCLEAR POWER STATIONS
Posted Thursday, April 6, 2006 by Ahmed Khan
HSE has issued a discussion document to permit interested parties to submit comments (before 28th April 2006) as it prepares a response advising the Government (DTI) on the health and safety risks from recent and potential energy developments, including consideration of a new generation of nuclear power stations, and the potential role of pre-licensing assessments of power station designs.

Issues involved in the review of strategy include: whether the current licensing process is sufficiently transparent;
if any features of overseas regulatory regimes offer benefits to the UK; and the extent to which HSE should give credit to safety assessments undertaken by overseas nuclear regulators.

Comments can be sent: online, via an electronic response form; by email, using a Word response form, to nsd@hse.gsi.gov.uk.

SMOKING BAN NOW EFFECTIVE IN SCOTLAND'S ENCLOSED PUBLIC PLACES
Posted Thursday, April 6, 2006 by Ahmed Khan
Since 06.00 yesterday (Sunday 26th March 2006), it is illegal to smoke in a wide range of Scotland's enclosed public places, such as pubs and clubs, church halls, lorries and vans and public transport.
Scotland's lamentable public health performance, which sees it rival 3rd world countries for unenviable incidences of some diseases, has been a target for Scottish Executive legislation and expenditure. On the basis of experiences in Ireland and elsewhere, the ban is expected to reduce the amount of cigarettes smoked and the number of smokers.
According to figures available to the Scottish Executive and publicised by it:

in Scotland around 35 persons a day die from tobacco use;
Environmental Tobacco Smoke (ETS) contains more than 4,000 chemicals, including tar, nicotine, benzene, carbon monoxide, ammonia, formaldehyde, and hydrogen cyanide and is associated with nearly 3 deaths per day in Scotland among life-long non-smokers from the main causes of death - lung cancer, heart disease, respiratory conditions and stroke;
non-smokers exposed long-term to 2nd-hand smoke have an approximately 25% increased risk of heart disease and lung cancer;
more than 1,500 children under the age of 5 are admitted to hospital in Scotland every year because of the effects of passive smoking;
24% of women smoke during pregnancy.
Smoking in an enclosed public place brings a £50 fine, operators of premises face fines of £200 for allowing others to smoke or failing to display warnings. Smoking shelters supplied by employers must comply with regulations.

COMMENT:
"Scotland will be proud that it has gone smoke-free ahead of any other part of the UK. The smoking ban is absolutely the right way forward. It is right for Scotland, for our nation's health, our nation's economy and our tourist industry. This country has always been a great place to live, to work, to bring up your children and even just to visit. Today, it just got better. In the years ahead, people will look back on today as the day that Scotland took the largest single step to improve its health for generations. It is a day for all Scots to be proud of our nation." - First Minister.

CARE NEEDED WHEN ALLOCATING WHEELCHAIRS
Posted Thursday, April 6, 2006 by Ahmed Khan
A tragic accident in Liverpool, in which a disabled teenager's powered-wheelchair fell down cinema steps causing head injuries to which he later succumbed, has prompted a coroner to promulgate information about the incident to a number of authorities who may be able to act to reduce the chances of similar events occurring in the future.
The inquest into the death found the wheelchair was neither suitable for transportation nor outside use and was not allocated with safety information because the chair was reconditioned.
The jury determined a verdict of accidental death.

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