May 2004

BONG FINED FOR PUWER BREACH
Posted Monday, May 31, 2004 by Ahmed Khan
Bong UK Ltd of Milton Keynes has been fined £3,500 with costs of £1,326.20 by Milton Keynes Magistrates’ Court after pleading guilty to breaching r.11 of the Provision and Use of Work Equipment Regulations 1998 in the circumstances surrounding an accident in which its employee, a Mr Shelly, sustained an injury while working with an envelope-making machine.
On 20 July 2003 Mr Shelly was cleaning the ink rollers on the equipment with the guard removed when his arm became trapped, his left hand and cleaning cloth were pulled into the machine's danger zone. As a consequence his middle finger was amputated and he sustained significant damage to the other fingers of his left hand.

"The object of prosecutions for health and safety offences in the workplace is to achieve a safe environment for those who work there and for other people who may be affected.
This accident was easily preventable. It clearly highlights the risks of working with unguarded machinery and the importance of properly identifying and controlling workplace hazards.“ - Sally Fisher, HM Inspector of Safety and Health.

27 DEATHS REPORTED TO MAIB LAST YEAR
Posted Monday, May 31, 2004 by Ahmed Khan
The MAIB (Marine Accident Investigation Branch) annual report 2003 reveals 1,522 accidents or incidents and 27 deaths were reported to it during the year.
27 commercial fishing vessels were lost, an average of one lost every 13 days; 11 commercial fishermen died.
The following are examples of incidents investigated by the agency:
the bosun on an aggregate dredger was assisting in preparing the hold to receive cargo when he was fatally crushed between the hold coaming and a rotating tower mistakenly operated by a relatively new member of the crew;
passenger vessel, carrying 200 people, grounded in thick fog late at night in the Channel Islands, the vessel was holed, but the passengers and crew were safely evacuated;
a small cabin cruiser hired on the Norfolk Broads with 10 people on board capsized, 9 were rescued, but one person drowned in the upturned hull;
a volunteer died during an evacuation trial, over 200 volunteers had gathered on board a high-sided ferry to take part in an evacuation drill using a marine evacuation system consisting of two vertical chutes leading to two large, fully reversible enclosed liferafts. A female volunteer became stuck in one of the chutes when her lifejacket rode up over her head.

"We are aware that some accidents do go unreported & many masters of foreign-flagged vessels are unaware of the legal requirement to report them. There is no legal obligation for near misses or accidents to leisure craft, other than those being operated commercially, to be reported & one large accident, for example the loss of a vessel with all hands, can skew the statistics.
The 27 deaths reported to MAIB last year, in a variety of vessels, are 27 tragedies too many. Most of them, in hindsight, were avoidable. Nevertheless, I am optimistic that the maritime industry, in the United Kingdom at least, is starting to give safety the priority it deserves." - Stephen Meyer, Chief Inspector of Marine Accidents.

SURGEON AMPUTATED MAN'S ARM AT SCENE OF HORRIFIC ACCIDENT
Posted Monday, May 31, 2004 by Ahmed Khan
Emergency services and surgeons spent nearly 3 hours on Friday afternoon trying to release a 36-year old worker who had trapped his arm in a mincing machine at the Angus premises of Strathmore Foods in Forfar.
Unfortunately it became clear as the struggle to release him progressed that the best course of action was to amputate his arm. This was accomplished by the surgeons, unfortunately they were unable to save it, however the man is said to be stable, his life not threatened by his injury.

POWER APPARATUS STRIKES UNACCEPTABLE - NIE
Posted Monday, May 31, 2004 by Ahmed Khan
Northern Ireland Electricity (NIE) says it has recorded what it considers to be an unacceptably high number of incidents in which its supply cables have been damaged.
On more than 400 occasions this year either overhead or underground electricity cables have been affected, last week's Coleraine incident was an example where contractors excavating ground at a new business development at Somerset Road hit & damaged a high voltage underground cable. The contractor did not have mark up drawings or any tracing equipment on site.
NIE's warning principally concerns contracting organisations but also is directed at farmers, DIY enthusiasts & anyone operating heavy machinery near cables.
NIE offers contractors a wide range of advice & assistance, the NIE website carries information to assist those involved in work or excavation in the vicinity of its services.

“Any contact with live electricity equipment can result in a fatality & contractors must follow correct safety procedures to keep all those on site safe. Every contractor should familiarize himself with all services, electrical, gas, water & telephone present at a work location. Contractors should contact NIE in good time requesting information about electrical equipment in the vicinity of their work. NIE will issue a ‘mark up’ drawing, free of charge, detailing all the information we have on underground electrical equipment in the area where work is to be carried out. Contractors should ensure this document is on site when working & that all sub contractors have been fully briefed. In recent months we have discovered contractors working without mark up drawings on site – this is a highly dangerous practice & steps must be taken to ensure proper safety procedures are followed.
All contractors should carry out their work in accordance with HSG 47 and these principles are clearly laid out in our booklet - Safety Advice for Contractors. This booklet will be issued to any contractor on request. Through these actions we aim to raise awareness sufficiently to avoid another person sustaining a serious injury.
It must be remembered that the saddest statistic of all is that 4 people have lost their lives in the last 3 years, because they made contact with the overhead network. There have also been a number of serious injuries & NIE does not wish for these tragedies to be lost on every DIY enthusiast or contractor who fails to take note of the proximity of the electrical network to their work area. This is even more important with the high level of construction activity in Northern Ireland planned for the next few years.” - Roy Coulter, NIE Director of Safety and Risk.

TWO COMPANIES SHOULDER RESPONSIBILITY FOR SITE DEATH
Posted Monday, May 31, 2004 by Ahmed Khan
Mark Warrallo was delivering a load of steel formwork at Seedy Mill Water Treatment Works site near Lichfield, Staffordshire, on 17 January 2002. As a mobile crane was unloading his lorry a bundle of steelwork weighing just under a tonne fell and fatally injured him.
Morrison Construction Ltd of Edinburgh, (now known as AWG Construction Ltd) had control of the site at which the accident occurred. It pleaded guilty to one charge of breaching r.8(1)(c)¹ of the Lifting Operations and Lifting Equipment Regulations 1998 and was fined £10,000 with £40,000 costs in Stafford Crown Court.
Mr Warrallo’s employer, RMD Kwikform Ltd of Walsall, was fined £100,000 with £9,372.65 costs. It pleaded guilty to one breach of the Health and Safety at Work etc Act 1974 S.2(1); one breach of r.3(1)(a) of the Management of Health and Safety at Work Regulations 1999; and one breach of r.10(1)(b) of the Management of Health and Safety at Work Regulations 1999.

“Mark Warrallo tragically lost his life in this accident and the HSE’s thoughts are with his family today. They may be able to take some comfort from the fact that as a result of Mark’s death, manufacturers and suppliers of formwork, including Mark’s employer, have prepared guidance on how to handle this type of product safely. HSE has been party to the preparation of this guidance which is now ready to be published and should soon be available to those engaged in this type of work.
Lifting operations are by their very nature dangerous. That is why the law requires that all lifting operations, no matter how simple they appear to be, should be properly planned and supervised by someone who is competent for the task.
HSE’s Construction Division is about to participate in a European wide inspection blitz on three main issues, of which one is lifting operations. As this case demonstrates, the consequences of getting it wrong can be tragic.” - Joy Jones, HM Principal Inspector of Health and Safety for construction in Staffordshire.

¹ Lifting Operations and Lifting Equipment Regulations 1998 r.8(1) - 'Every employer shall ensure that every lifting operation involving lifting equipment is – (a) Properly planned by a competent person; (b) Appropriately supervised; and (c) Carried out in a safe manner.'

RADON HOT SPOT DISCOVERED
Posted Monday, May 31, 2004 by Ahmed Khan
A record level of radon gas has been detected in a domestic property in Cornwall. The Kerrier District property recorded 17,000bq/m³, a cause for concern given that the National Radiological Protection Board action level is 200 bq/m³.
For expert information on the health effects of exposure to naturally occurring radon gas in domestic properties and in the workplace visit NRPB's radon pages

BETTER REGULATION TASK FORCE AND HSC CONCUR OVER RISK ASSESSMENT
Posted Monday, May 31, 2004 by Ahmed Khan
The HSC has welcomed the publication of the Better Regulation Task Force's report Better Routes to Redress which considered the perception that a 'compensation culture' prevails in this country, considering also how people with genuine grievances can have better access to redress, mediation & rehabilitation, making recommendations about how these processes can be improved.
The report writers support HSC's view that appropriate health & safety management is an integral part of effective business management & as such, is an enabler & not a hindrance, concurring with HSC that progress will be made by simplifying the concept of risk assessment to make it relevant & available to all.

"I am delighted that the Better Regulation Task Force's report dispels the myth of the compensation culture. I also welcome the report's support for our policy that sensible risk management is the best way to prevent litigation or the threat of litigation." - Bill Callaghan, Chair of HSC.

DECOMMISSIONING STRATEGY IN PLACE FOR DRDL
Posted Monday, May 31, 2004 by Ahmed Khan
HSE has published a report on its review of the decommissioning strategy for the Devonport Royal Dockyard Ltd (DRDL) nuclear licensed site following review by HM Nuclear Installations Inspectorate (NII) in consultation with the Environment Agency. HSE declares DRDL's strategy to be generally comprehensive and appropriate at this time for current liabilities but will progress several issues from this review with the licensee as part of its routine regulatory work. The report can be read at: Devonport Royal Dockyard Ltd's strategy for the decommissioning of the Devonport nuclear licensed site: A review by HM Nuclear Installations Inspectorate on HSE's web site.

COMPANY AND DIRECTOR FAILED TO ACT ON ELECTRICAL HAZARDS
Posted Monday, May 31, 2004 by Ahmed Khan
Edmund Sobocik and his company, Shirley Plant and Garden Ornament Centre Ltd of Solihull, have been prosecuted following exchanges with officials of Solihull Council concerning what the officials deemed to be unacceptable standards of electrical safety.
Alerted by a member of the public the local authority officials visited the premises and issued prohibition and improvement notices relating to exposed conductors and the standard of connections. The company did not co-operate and ultimately ended in Court where it denied breaching the Electricity at Work Regulations.
The Magistrates found the company and its Director to be guilty of the breaches and failing to act on the enforcement notices. Mr Sobocik was fined £1,000 in total, his company £2,250, with both sharing the enforcing authority's costs of £6,000.

FaTaL RISKS CAMPAIGN WELSH DATES
Posted Monday, May 31, 2004 by Ahmed Khan
HSE construction inspectors will be active in Ceredigion, Pembrokeshire & Carmarthenshire during June 7-9 playing their part in the FaTal Risks Campaign 2004. Last year there were 6 deaths on construction sites in Wales.
View the HSE Campaign Guidance Sheet for an explanation of the precautions inspectors will expect to find during these visits.
HSE wishes construction project participants from client to contractors to consider & be proactive on these important issues.

"The statistics seem to indicate that construction is a risky business. My message is simple, it doesn't have to be. What we are aiming to do over this blitz period in West Wales is to highlight to companies how they can eliminate, minimise & control those areas of greatest risk on their sites, in a practical, common-sense way. We want to support those businesses that are trying to get things right, but will take action against those who are paying lip service or ignoring their obligations to their employees & others who may be affected by the work they are doing" - Chantal Nicholls HSE Principle Inspector for construction in Wales.

SAFETY IN DESIGN ASSISTED BY YOUNG WEB WIZARD
Posted Monday, May 31, 2004 by Ahmed Khan
Young Ben Slater, a Chipping Campden school pupil, has applied his IT skills to benefit the non-profit making organisation SiD (Safety in Design) which works to contribute to the body of knowledge that helps designers of buildings to consider health and safety at design stage, enabling more to be done to improve safety during construction and also through the whole life of a structure.
HSE backed SiD works through the Construction Industry Council, SiD provides benchmark standards and competence for designers and gives information on industry initiatives. It is non-profit making, its directors, all key players in the industry, give up their time free of charge.
The Construction (Design and Management) Regulations 1994 (CDM) are under review and it is suggested that designers are likely to become a more focussed target for enforcement and also civil claims.

“We have depended on Ben to respond quickly and efficiently to an urgent need for information dissemination for all architects, engineers and others engaged in construction design. We had the technical information but needed Ben’s skills to help us to communicate this widely. The project will be expanding rapidly very soon but we could not have worked through the pilot stage without Ben’s continued good humour and quick turnaround.
SiD will be moving on but we are delighted Ben will be doing his work experience with us and have plans for him to help our industry in other ways, perhaps on road works safety or our company newsletter.” -Liz Bennett, Director.
“I have thoroughly enjoyed working on the SiD website, as it gives me another chance to practice my web design skills which is so hard to have the opportunity to do these days. It is also nice to see them shown off nationally and possibly internationally, but this project has also opened my eyes to the problems designers face in making sure everything is safe for the public to use. Therefore I felt very honoured being able to say that I completed the site & will hopefully help my web design career in future!” - Ben.

FISH FARM WORKER DROWNED AFTER LIFEJACKET FAILED
Posted Monday, May 31, 2004 by Ahmed Khan
On January 21st 2003 Mr J Mcleod, an employee of Pan Fish (Scotland), formerly known as Lighthouse of Scotland Ltd, was piloting a 6-metre long aluminium boat running between a barge and some fish cages. On this occasion the vessel was loaded with 1 tonne of fish feed but as he negotiated Raasay's Ard An Torrain Point it capsized throwing Mr McLeod into the water. The lifejacket he wore failed to operate and Mr Mcleod drowned.
Investigation by the Maritime & Coastguard Agency & HSE determined that the trigger mechanism on the lifejacket had operated successfully, but the gas cylinder had unscrewed a little and the trigger did not reach and pierce it. The vessel was also uncertified.
At Portree Sheriff Court fish farm operators Pan Fish (Scotland) pleaded guilty to failing to properly maintain the lifejackets used by employees and of overloading the aluminium work boat. It was fined £8,000 for the lifejacket offence and £20,000 for the overloading offence.
It is anticipated that a Fatal Accident Inquiry will be held later in the year.

"This incident should serve as a reminder to all operators of workboats to ensure that their boats are operated safely and that safety equipment is properly maintained and used. Workboats should be
correctly certified for use in their area of operation". - Captain Singh Grewal, Surveyor in Charge Glasgow Marine Office.

PLANNING SUPERVISOR CRITICISED
Posted Monday, May 31, 2004 by Ahmed Khan
MPF Homes Ltd of Alcester, Warwickshire, has admitted breaching health and safety legislation in the circumstances surrounding an accident in which its former employee, site operative Daniel Norman, sustained a fractured skull when he fell 5 metres from a scaffolding platform on one of its sites during December 2002.
HSE investigation revealed the platform was inadequately guard-railed, permitting Mr Norman's fall.
Redditch Magistrates' Court fined MPF £14,500 with £4,500 costs. During proceedings the performance of the appointed Planning Supervisor for the project was criticised.

VIEWS SOUGHT ON REDUCING WORK-RELATED STRESS
Posted Thursday, May 27, 2004 by Ahmed Khan
Work-related stress has now overtaken musculo-skeletal disorders as the biggest cause of working days lost through injury or ill-health. Employers have a duty to ensure, as far as is reasonably practicable, the health, safety and welfare of their employees at work (Health and Safety at Work etc Act 1974) and to assess for health and safety risks (Management of Health and Safety at Work Regulations 1999) these duties encompassing work-related stress.
Yesterday HSC chair Bill Callaghan launched an innovative 3-month consultation seeking the views of managers and employers on proposals to reduce work-related stress.

The proposals are based around a set of Management Standards that will enable employers to: gauge stress levels; identify causes & work with employees to resolve any difficulties.

THE STANDARDS
Comprise clear and practical statements of good management practice, not new regulations; offer a non-legislative yardstick to help organisations meet their existing duty of care and their duty to assess the risks to work-related stress & highlight the components of good organisation, job design and management that keep stress levels in check and enhance productivity.

The revised draft Management Standards are now available for consultation. A video explanation of the proposals is available via HSE’s website and feedback can be delivered online. The material will also be distributed to managers and employers on CDRom carried free with editions of selected journals. Copies will be sent to the top 350 companies, the consultation period ends 27th August 2004.

"The HSC has recognised the need for action and designated stress as one of our priorities. We’re not about eliminating all stress or pressure in the workplace. Rather we want to help employers recognise and manage the risks sensibly. The good news is that the core of any solution lies in good management, and in employers working together with staff and their representatives to develop solutions that work in practice." - Bill Callaghan, HSC Chairman.

"Work-related stress is not the reasonable pressure which is part and parcel of all work and which helps to keep us motivated. It is the kind of excessive pressure that undermines performance, is costly to employers and can make people ill.
We are working hard to help tackle issue through good job design and people management. HSE cannot do this alone. We need employers, employees, and their representatives to visit our website & participate in this consultation." - Elizabeth Gyngell, Head of HSE’s Better Working Environment Division.

DEATH OF PEDESTRIAN COULD HAVE BEEN AVOIDED
Posted Thursday, May 27, 2004 by Ahmed Khan
On 7 September 2001 Mrs Zafoora Begum was knocked down and killed by a reversing works lorry engaged on a nearby construction project. Mrs Begum had been about to cross the busy A12 at Gants Hill, NE London, near an out of use pedestrian crossing when she walked into the works area where a lorry operated by subcontractor Instalcom Limited was parked. Before she could cross the road the lorry started and slowly reversed a few metres, but unseen by the driver Mrs Begum had arrived behind the lorry. She was run over and killed.
Principal contractor for the repavement project, McNicholas Plc, had taken a pedestrian light controlled crossing out of action as it was in the middle of the area being repaved. The works area itself was closed off to the public with pedestrian barriers. Nobody assisted the driver to ensure it was safe to reverse, despite the project client specifically stipulating that no vehicle should reverse
unless another person guided it back.
McNicholas Plc and Instalcom Limited pleaded guilty to a breach of S.3(1) of the Health and Safety at Work etc Act 1974, McNicholas Plc was fined £25,000 with costs of £12,700, Instalcom Limited was fined £12,500 with £10,000 costs.

"Mrs Begum's death could have been avoided. Where drivers of vehicles have a restricted field of view, and particularly when reversing, employers must take effective measures to ensure that persons are not at risk of injury." - Alec Ferguson, HSE inspector.

CIVIC CONCERN OVER FALL OF GLASS PANEL
Posted Thursday, May 27, 2004 by Ahmed Khan
An incident involving the fall of a glass panel from the roof of the Haymarket Bus Station in Newcastle is giving rise to concern at the City Council who are proprietors. The panel fell from the concourse roof apparently only just missing members of the public. An investigation into the cause of a similar incident 4 years ago proved inconclusive.

MAN SUNK DEEPER INTO MUD & NARROWLY AVOIDED DROWNING
Posted Thursday, May 27, 2004 by Ahmed Khan
A tragic drowning was narrowly averted yesterday when a 60-year old male from Orpington in Kent was attempting to wade out and recover his dinghy that had broken adrift from his boat in Portsmouth Harbour. He proceeded some 200 metres towards the dinghy and an incoming tide before he began to sink, deeper and deeper and increasingly quickly.
Solent Coastguard received a call from their local Fire Service saying that they had received a report concerning his predicament and quickly despatched the Coastguard helicopter, Hillhead Coastguard Mud Rescue Team, RNLI Gosport and Fareham Inshore Lifeboats. The Coastguard Helicopter successfully airlifted the man from the mud and transferred him to an awaiting ambulance, but he did not require any medical assistance.

"No matter how easy it may look to walk on the mud, soft patches make it treacherous. Had this man not been spotted, he would have been unable to regain the shore. Thankfully a tragedy has been averted on this occasion." - Jennifer Taylor, Solent Coastguard Watch Officer.

PROJECT MANAGEMENT ERRORS HAD POTENTIAL TO KILL
Posted Thursday, May 27, 2004 by Ahmed Khan
The committing of errors last May by two construction companies, Morgan Est PLC (Morgan) and Vinci Construction Grand Projets (VCGP), working on the Channel Tunnel Rail Link (CTRL) project could have resulted in a disastrous rail accident when a piling rig fell cross the London/Tilbury/ Southend passenger and freight railway lines at Aveley viaduct, Thurrock, Essex. Investigation revealed a combination of errors committed by the two companies acting as a joint venture to build Contract 310 between Thurrock and Dagenham.
At the Aveley location ground conditions are very marshy; a critical geotextile membrane was relied upon to prevent the stone infill being displaced into the peat when bearing loads. To remove an obstruction the construction companies dug a trench in the piling platform damaging the critical geotextile membrane. Compounding the damage the trench was then poorly backfilled & when the rig crossed the trench the ground settled under one side causing it to become unstable and overturn across the live railway lines, bringing down a 25kV overhead catenary at about 9.00am on the day.
A passenger train had passed some 2 minutes earlier, fortunately there were no injuries, however the railway line was closed for 3 days.
Morgan and VCGP pleaded guilty at City of London Magistrates Court to a breach of S.3(1) of the Health and Safety at Work etc. Act 1974, in that they failed to ensure that persons not in their employment were not exposed to risks to their safety. Morgan was fined £15,000 with £2,514 costs, VCGP was fined £15,000 and ordered to pay £2,514 costs. The joint venture companies had already paid a substantial amount to infrastructure owner Network Rail and the owner of the piling rig for the 3-day closure of the railway line and repair of the piling rig.

"This prosecution results from an incident that could have caused a serious train crash. Senior construction managers knew how critical the piling platform was and expected junior managers to tell the engineering department about the need for repairs. The HSE investigation found that junior site managers were not aware of this procedure and did not understand how critical the design was.
Better communications, including explanation of safety critical parts of the job and better monitoring of the work would have prevented this incident.” - John Underwood, HSE’s Construction Division inspector.

CARE HOME COMPANY CONVICTED OVER RESIDENT'S DEATH
Posted Thursday, May 27, 2004 by Ahmed Khan
Elizabeth Jobling, 79, a resident at Beacon Farm Nursing and Residential Home, Cramlington, Northumberland, died in an accident during July 2001 when her head and neck became trapped against a rail on her bed causing her to asphyxiate. The bed rail should have been between the bed base and the mattress and not above the mattress and beneath a second inflatable one.
Investigation revealed that the railing had been removed permitting the accident, there had been no system for ensuring that railings were always in position and in the correct configuration and employees had no formal training in their correct use. Cotswold Spa Retirement Homes Ltd was fined £13,000 with £2,000 costs, the home had failed to satisfactorily ensure the safety of its resident.

EAST ENGLAND SMOKING DEBATE
Posted Thursday, May 27, 2004 by Ahmed Khan
You still have time to register your views on a short online questionnaire in the East of England Public Health Group's Big Smoke Debate if you live or work in that region. The Campaign seeks views on whether enclosed public places, such as restaurants, pubs and shopping centres should become smoke-free. So far over 5,500 people have voted, the opportunity to participate closes on 20th June 2004. The results will be analysed by the Eastern Region Public Health Observatory and published in the summer.
The World Health Organisation’s International Agency for Research on Cancer has concluded that secondhand smoke causes lung cancer, increasing the risk by 20-30%. Prolonged exposure to second-hand smoke also increases the risk of coronary heart disease by 25-30%, and the children of smokers have a doubling of the risk of sudden infant death syndrome and a 50% increase in the risk of asthma. The Big Smoke Debate is not about whether people should smoke, but where smoking should occur.

“We are delighted that people across the East of England have responded so well during the first month of the Big Smoke Debate. We have been inundated with requests for hard copies of the questionnaire as well as seeing thousands completing the website version. If you work with a group of people and would like to receive a number of hard copies to distribute, then please ring the questionnaire request line. It is important that everyone has an opportunity to air their views and we want to hear from as many people as possible." - Gina Radford, Regional Director of Public Health for the East of England.

POORLY MAINTAINED MACHINERY EARNED PUWER PROSECUTION
Posted Thursday, May 27, 2004 by Ahmed Khan
Grasslands Limited, based in New Romney, Kent, was fined a total of £3,500 with costs of £1,327.60 at Folkestone Magistrates’ Court for breaches of health and safety legislation stemming from routine visits by HSE officials during August 2003.
The officials were conducting visits with a focus on the condition and use of agricultural vehicles in the county. During two visits to separate locations, Brookland, Romney Marsh and to a field at the company premises at Grasslands Turf Farm, Ashford Road, New Romney, an inspector found poorly maintained machinery including a New Holland tractor with a missing nearside mirror, a broken parking brake ratchet and faulty hydraulic brakes. Other items of farm machinery had missing safety guards, leaving the drive shaft of the machinery exposed.

Grasslands Limited was fined as follows: £1,500 after pleading guilty to breaching r.11(1) of the Provision and Use of Work Equipment Regulations 1998 (PUWER) with respect to the rotating power take-off shaft of a Ford 4000 tractor; £1,500 after pleading guilty to breaching r.11(1) PUWER with respect to the rotating power take-off shaft of Rovatti Pompe water pump & £500 after pleading guilty to breaching r.5(1) PUWER.
Having been found guilty of breaching the above Regulations, Grasslands Limited was thereby guilty of an offence under S.33(1)(c) of the Health and Safety at Work etc. Act 1974 and thereby liable to a fine under s.33(3).

"The object of prosecutions for health & safety offences is to achieve a safe environment for employees & for all other people who may be affected.
This case should act as a reminder to farmers of the importance of ensuring that all of their machinery with power take-offs and power take-off shafts are correctly guarded before use. Fortunately in this instance nobody was injured however each year a number of fatal and amputation accidents do occur due to poorly guarded power take-off shafts.” - Hayley Ford, HM Inspector of Safety and Health.

WELSH FIREFIGHTER DIES
Posted Thursday, May 27, 2004 by Ahmed Khan
One of a team of firefighters from Barry tackling an outbreak at an unoccupied community centre in Ely, Cardiff, was fatally injured when an explosion occurred as he entered the premises. Two other firefighters were slightly injured, the outbreak occurred in the early hours giving rise to speculation as to the cause of the outbreak.

BOY DIES FOLLOWING ROOF FALL
Posted Thursday, May 27, 2004 by Ahmed Khan
Jordan Toward, 10, died on Saturday, succumbing to head injuries he sustained in a 5-metre fall from the roof of Newcastle's Geoffrey Rhodes Centre in Heaton on Friday.
The building is owned by Newcastle, North Tyneside and Northumberland Mental Health NHS Trust, according to one account the boy fell through a rooflight.

MAN SUSTAINS SERIOUS INJURIES IN SUFFOLK SCAFFOLDING FALL
Posted Thursday, May 27, 2004 by Ahmed Khan
A workman has sustained multiple injuries in a 6-metre fall from a scaffolding structure in Lavenham, Suffolk.
The accident victim, who was taken to hospital by air ambulance, is said to be an employee of Solo Scaffolding Ltd of Colchester.

RMC AGGREGATES FINED FOR SAFETY LAPSE
Posted Thursday, May 27, 2004 by Ahmed Khan
Cardiff Crown Court yesterday fined Taffs Well Quarry operators, RMC Aggregates, £50,000 with £11,000 costs over an accident during February last year in which its employee, Martin Jonathan, 53, fell to the ground breaking an ankle when an accessway failed from under him.
Investigation revealed Mr Jonathan could have been fatally injured had he not fallen on a spoil heap which to an extent broke his fall, proper examination of the accessway would have revealed its deficiency.
The company admitted failing to meet the requirements of the Health and Safety at Work etc. Act 1974 and specific Quarries legislation in the circumstances surrounding the accident.

HSC PLEASED WITH SECOND ERTMS REPORT
Posted Thursday, May 27, 2004 by Ahmed Khan
The HSC has welcomed a report from the Strategic Rail Authority-led team developing a European signalling system that will incorporate the safety benefits of a national automatic train protection system. HSC is independently monitoring the progress of the national European Rail Traffic Management System (ERTMS) programme.
The Southall and Ladbroke Grove Joint Inquiry into Train Protection Systems recommended that ERTMS should be installed on those parts of the rail network where trains run at over 100 mph by 2010.
Information on ERTMS can be found on the HSE website at its Train protection pages.

"I am pleased to see that good progress is being made in a number of important areas in the development of the European Rail Traffic Management System (ERTMS). And I very much welcome the close co-operation between the various parties involved in this project; it is evident from this report that rail industry partners are working well together. HSC will continue to monitor the industry’s progress beyond these early stages of UK ERTMS development towards its national roll-out.” - Bill Callaghan, Chair of HSC.

NORTHERN IRISH WORKPLACES TAKE TOLL ON PHYSICAL AND MENTAL HEALTH
Posted Saturday, May 22, 2004 by Ahmed Khan
It is estimated that more than 1,000 workers in Northern Ireland are daily unable to go to work as a result of work-related ill-health. Those attending a conference, The Stresses and Strains of Managing Health and Safety, today in Dunadry, Co. Antrim, run by the Health and Safety Executive for Northern Ireland (HSENI) in conjunction with the Northern Ireland Safety Group, the Institution of Occupational Safety and Health, the Trade Unions and District Councils, benefited from the wisdom of a range of speakers offering advice to delegates on charting a course for their respective organisations that will reduce the impact of stress and musculoskeletal disorders.
The conference called for a much higher priority to be given to protecting the health of the workforce in Northern Ireland.

“Currently there are 47,000 people suffering from musculoskeletal disorders and stress - in fact 70,000 people here suffer from ill health caused or made worse by work each year. The overall cost of work-related ill health to society, employers and the individuals themselves is enormous – estimated to be in the region of £330 million per year. In total, it is estimated that 365,000 working days are being lost annually. We all need to work together to ensure that people’s working lives are not cut short by disabling illness or injury. Today, more than ever before in the world of work, people with their skills and knowledge are our most important asset. Work gives a sense of purpose, social contacts, status, income and a sense of belonging.
Work-related ill health is a very big problem in Northern Ireland. Musculoskeletal disorders and stress are the most significant causes of lost time due to work-related ill health. This Conference addresses both of these areas and offers practical help and guidance to those responsible for managing stress and strains in the workplace.
The branding of the Conference 'Together we’ll make it better', is a very simple but telling statement - it is up to us all to work together.
Health isn’t everything but without it you have nothing - it is the cornerstone of our lives, the means by which we realise our full potential, and it is an essential building block of our well-being”. Liam McBrinn, HSENI Chairperson.

HSE INSPECTOR DISCOVERED WORKER AT HEIGHT WITH NO EDGE PROTECTION
Posted Saturday, May 22, 2004 by Ahmed Khan
A chance discovery by an HSE inspector on a routine visit to an Isle of Wight farm of a work activity being conducted dangerously resulted in two prosecutions for breaches of the Health and Safety at Work etc Act 1974.
On 7 July 2003 the inspector found a man working at a height of 2.5m from the raised bucket of a telescopic materials handler with no edge protection at Coppid Hall Farm, Havenstreet, Ryde, Isle of Wight.
At Newport Magistrates’ Court Mr Harold George was fined £400 after pleading guilty to breaching S.2(1) of the Principal Act, Mr Alan George was fined £200 after pleading guilty to breaching S.7 of the same Act. Both farmers were also ordered to pay costs of £150 each.

“Mr Alan George did not take reasonable care for the Health & Safety of his colleague. Alan George was the senior employee on site. He knew where the safety cage for the machine was and did not use it. As the employer, Mr Harold George was also guilty of breaches of health and safety legislation.
Nearly 1 in 5 people who are killed in agricultural accidents die as a result of a fall. This issue is a priority for the HSE and needs to be taken seriously by employers." - Bryony Mitchell, HM Inspector of Safety and Health.

BENCH SAW REMOVED WORKMAN'S FINGERS
Posted Saturday, May 22, 2004 by Ahmed Khan
During November 2003 Craig Darlaston, 23, cut off his own fingers using a bench saw while shaping wood, an accident that led his employer, Premier Sheet Metal (Coventry) Ltd, of Exhall, Coventry, to an appearance at Nuneaton Magistrates' Court charged with breaching the Health and Safety at Work etc Act 1974 in the circumstances surrounding the event.
The company admitted the breaches having admitted failing to ensure Mr Darlaston's safety and another related training inadequacy for which it was fined a total of £6,000 with £1,100 costs.
Fortunately the skill of surgeons restored Mr Darlaston's fingers to his hand, but he does not enjoy full movement in it.

ROSPA AWARDS FOR DISTINGUISHED SERVICE
Posted Saturday, May 22, 2004 by Ahmed Khan
The Royal Society for the Prevention of Accidents (RoSPA) has recognised the valuable contribution made to occupational health and safety by awarding three men with its Distinguished Service Award.
Dr Mike McKiernan, of Solihull, whose career in occupational health and safety within the engineering industry and occupational safety has resulted in a significant contribution to occupational health nursing and occupational health. He has served on the Health and Safety Commission gaining respect for his diligence, professionalism and significant contributions to journals and academic publications.
Frank Gill, of Portsmouth, for a major contribution to occupational hygiene. Mr Gill taught at the TUC Centenary Institute of Occupational Health, was president of the British Occupational Hygiene Society, deputy director at the Institute of Occupational Health at Birmingham University, author of several books and an Honorary Fellow of the Faculty of Occupational Medicine. He has contributed to the improvement of the working environment for millions of workers and the education and training of many health and safety professionals.
Wilson Lambe, Newtownabbey, Northern Ireland, has spent 25 years working for the Northern Ireland Construction Employers’ Federation, a former President of the Institution of Occupational Safety and Health. He has actively participated in the Northern Ireland Health and Safety Group, where he has heavily promoted involvement in health and safety at work in all sections of the community. Mr Lambe became president of the group in 1990, a position he still retains today.

UNION BEMOANS APPARENT POOR RESPONSE TO RISK ASSESSMENT DUTY OWED TO PREGNANT WORKERS
Posted Saturday, May 22, 2004 by Ahmed Khan
The Union of Shop, Distributive and Allied Workers (Usdaw) believe as few as 30% of new and expectant mothers are informed of the outcome of risk assessments relating to the change in their circumstances. The information derives from a questionnaire returned by those of its 333,000 members who were new or expectant mothers relating to employers' performance of duties under r.16 of The Management of Health and Safety at Work Regulations 1999.

"Risk assessments are not voluntary, they are required under legally-binding employment regulations. Companies need to scrutinise their health and safety procedures - because too many managers clearly have no idea what they have to do to ensure women are not put at any risk during pregnancy. The current trend cannot continue." - Sir Bill Connor, Usdaw General Secretary.

FIREWORKS LEGISLATION WILL REDUCE INJURY AND NUISANCE
Posted Saturday, May 22, 2004 by Ahmed Khan
New fireworks laws will come into force on 7th June amending the Firework (Safety) (Amendment) Regulations 1997 made under the Consumer Protection Act 1987.
The legislation will make it harder for under-18s to get hold of fireworks and
ban the public supply of air bombs, which cause the most nuisance on streets and housing estates. It tightens the definition of mini rockets and strengthens retailers' obligation to check if a customer is over 18 - if a retailer has any doubt about the customer's age they should ask for proof, as is the case with cigarettes and alcohol.
Retailers breaching the legislation could receive a fine of up to £5,000 or 6 months imprisonment, or both.
The 2003 Firework Injury Statistics revealed that the total number of people treated at hospital casualty departments in the UK in 2003 was 1,136 with 5% of casualties detained there overnight. Visit www.dti.gov.uk for more information.

PROPOSALS CURRENTLY UNDER CONSULTATION
Nnational curfew banning the use of fireworks between 11pm and 7am.
Noise limit of 120 decibels for category 3 fireworks - the largest & most powerful fireworks available to the public.
New licensing system for retailers that sell fireworks all year round.
Requirement that importers prove any imports are destined for legal storage and distribution.

TOLL OF PASSIVE SMOKING AT WORK UNACCEPTABLE - RCP
Posted Saturday, May 22, 2004 by Ahmed Khan
Today's Royal College of Physicians' (RCP) conference on the health effects of passive smoking will present a new more accurate statistical estimate of the numbers of persons believed to be dying as a direct result of exposure to environmental tobacco smoke. The conference will deal with a range of aspects of exposure ranging from the economic impact of smoke-free policies to the effectiveness of reducing smoke levels, but will make headlines because of the work of Professor Konrad Jamrozik of Imperial College in London who estimates: passive smoking at work causes 49 deaths each year in UK hospitality industry employees – twice as many as from domestic exposure in this group, environmental tobacco smoke in the workplace generally causes about 700 deaths each year in the UK & 3,600 people below the age of 65 die each year from lung cancer, heart disease and stroke caused by passive smoking at home.
The RCP declares this unacceptable because many of the workplace deaths are completely preventable by making all indoor public places and workplaces smoke free.

“Environmental tobacco smoke in pubs, bars, restaurants and other public places is seriously damaging to the health of employees as well as the general public. Making these places smoke free not only protects vulnerable staff and the public, it will also help over 300,000 people in Britain to stop smoking completely.” - Professor Carol Black, College President.

MANSLAUGHTER HEARING AT CROWN COURT
Posted Saturday, May 22, 2004 by Ahmed Khan
Ruth Pearson, 39, Thomas Prescot, 48, and Janice Ward, 42, appeared at Worcester Crown Court on Thursday charged with the manslaughter of Jane Turner, 45, who died following the incident last September in which the vessel Sweetie Pie capsized at a marina in Stourport-on-Severn .

WORKER LOST FOOT IN PREVENTABLE ACCIDENT
Posted Saturday, May 22, 2004 by Ahmed Khan
Mondi Packaging Ltd, a cardboard manufacturer based in Fenton, has been fined £13,000 by Newcastle Under-Lyme Magistrates' Court for breaching the Health and Safety at Work etc Act 1974 in the circumstances surrounding an accident during February 2003 in which one of its production operatives, Robert Dawson, 29, got his foot caught in conveying equipment. The accident, which happened as Mr Dawson stood on the conveyor, was described in court as preventable and has resulted in Mr Dawson eventually losing his foot despite best medical efforts.

POWER COMPANY FINED
Posted Saturday, May 22, 2004 by Ahmed Khan
York Crown Court fined Drax Power Limited £25,000 last week over an accident during December 2002 in which it was deemed to have failed to ensure the safety of persons not in its employment.
Jason Gazey, 29, an employee of maintenance contractor Mitsui Babcock, was first scalded and then injured in a fall from a platform at Drax Power Station, Selby. Mr Gazey required nearly a year of absence from work recovering from the injuries.

DRAMA AT THEATRE
Posted Saturday, May 22, 2004 by Ahmed Khan
On Saturday evening a fall of ceiling material during a performance at the Theatre Royal, Haymarket, dislodged by a chandelier loosened from its fixings according to one account, slightly injured several theatre-goers occupying seats in the dress circle and stalls. The further fall of the chandelier was, according to the same account, prevented by a separate safety cable.

HMRI INVESTIGATES CENTRAL LINE INCIDENT
Posted Saturday, May 22, 2004 by Ahmed Khan
HSE's Railway Inspectorate (HMRI) is working with London Underground Limited to establish the cause of last week's derailment of a westbound Central line train carrying approximately 150 people in 8 cars as the leading bogie of the 7th car passed over a set of points on its approach to White City station. There were no reported injuries.
HMRI has concluded its investigations at the site of the derailment and is sure to consider the design and maintenance of the points. HSE says it is too early to speculate on the possible cause of the derailment or arrive at any possible decision on formal enforcement action.

FATAL RISKS CAMPAIGN 2004 - COMING SOON
Posted Saturday, May 22, 2004 by Ahmed Khan
HSE's FaTaL Risks Campaign 2004 is to feature a UK-wide HSE Construction Division site inspection blitz from 7-25 June 2004 during which period inspectors will focus on:

FALLS - during work at height;
TRANSPORT - movement of vehicles and mobile plant;
LIFTING - operations involving heavy loads.

View the HSE Campaign Guidance Sheet for an explanation of the precautions inspectors will expect to find during these visits.
HSE wishes construction project participants from client to contractors to consider and be proactive on these important issues.

HAMPSHIRE COMPANY'S RISK ASSESSMENT WAS INADEQUATE
Posted Saturday, May 22, 2004 by Ahmed Khan
On 2nd October last year Wasim Younas, 16, trapped his finger in an unguarded chain and sprocket drive of a plastic forming machine at the premises of his employer, Kevin Clark & Company Ltd of Bottings Industrial Estate, Botley. As a direct result of the injury he required to have part of the finger removed.
At Southampton Magistrates’ Court Kevin Clark & Company Ltd was fined £1,000 after pleading guilty to breaching r.11(1) of the Provision and Use of Work Equipment Regulations 1998, and £500 for breaching r.3(1) of the Management of Health and Safety at Work Regulations 1999, with £2,000 costs.
"A relatively new employee sustained a serious crush injury when his fingers became trapped in an unguarded chain and sprocket drive on a plastic forming machine. The machine, which was second hand, had been installed a few months previously with its safety features and devices, but a fixed guard around these dangerous parts had at some stage been removed and not replaced. The employee who had been trained to pack the products produced by the machine was in the process of removing a reel of scrap plastic when he was injured. Although there was a risk assessment in place it was not suitable and sufficient as it did not cover this particular machine or the employment of a young person.
Shear, crush and trap injuries are a common cause of machinery accidents. Employers must take care to ensure that all safety guards are replaced following any maintenance or repairs to machinery. Employers must also take into careful consideration the inexperience, lack of awareness of risks and immaturity of young persons when making or reviewing risk assessments. Specific guidance for employers employing young people is given in the HSE booklet Young people at work HSG165” - Roger Upfold, HM Inspector of Safety and Health.

COMPANY FINED FOR CONSTRUCTION REGULATIONS BREACH
Posted Saturday, May 22, 2004 by Ahmed Khan
While working in December 2002 on a construction project to create a basement beneath an existing building in Hewer Street, London W10, a worker suffered serious pelvic injuries when clay fell on him during excavation work.
HSE investigation led to allegations that the London Basement Company based in Surbiton, Surrey, had failed to: prevent a worker becoming trapped by a fall of material; keep records of the excavation inspections & provide adequate washing facilities.
London Basement Company pleaded guilty to the 3 breaches of the Construction (Health, Safety and Welfare) Regulations 1996 for which it was fined a total of £9,000 with £2,701 costs at City of London Magistrates' Court. The presiding Magistrate instructed that the maximum compensation award of £5,000 available in that court be paid to the worker injured in the accident.

ROAD TRAFFIC ACCIDENT LED TO H&S PROSECUTION
Posted Saturday, May 22, 2004 by Ahmed Khan
An investigation by Kent Police and the HSE into circumstances surrounding a fatal road traffic accident in which two vehicles collided on the A229 at Buckmore Park near Chatham during November 2001 has led to the prosecution of 4 construction companies. Ian Cheverst was killed and his wife was injured, investigation established that a slip road onto the A229 had earlier become contaminated with mud from a construction site exit.
At Medway Magistrates’ Court 4 construction companies pleaded guilty to breaching S.3(1) of the Health and Safety at Work etc. Act 1974 and were fined a total of £37,000 for breaches of health and safety legislation: Ovenden Earthmoving Co Ltd fined £16,000 and £2,740 costs, Costain Ltd, Skanska JV Projects Ltd and Mowlem PLC fined £7,000 and £910 costs respectively.

"The critical issue in this case is that even for small companies, those involved in doing the work must be properly briefed by those planning the work, so that people know what to do if things go wrong. Sadly this did not happen in this case" - John Underwood, HM Inspector of Safety and Health.

RUBBER COMPANY FINED £175,000
Posted Saturday, May 22, 2004 by Ahmed Khan
Investigation by HSE officials into the workplace death during October 2001 of Malcolm France, a maintenance engineer employed by Sovereign Rubber Ltd of Stockport, revealed that a few weeks earlier a colleague, Lee Williams, also sustained injury while attempting to clear a blockage on the same Carter Mk 3
rubber mixing machine involved in the fatality. Mr Williams suffered severe lacerations to his hand, but this accident was not reported to the HSE as enforcing authority and as required under r.3(2) of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) 1995.
Sovereign was fined a total of £175,000 with £20,000 costs after pleading guilty at Manchester Minshull Street Crown Court to three charges arising from two incidents at its Carrington Field St, Stockport premises. Sovereign Rubber faced
two charges under S.2(1) of the Health and Safety at Work etc Act 1974 and one charge under RIDDOR.
David Laurence Wilcox, a director of Sovereign Rubber Ltd, has pleaded not guilty to a personal charge under S.37(1) of the Health and Safety at Work etc Act 1974 in relation to the death of Mr France, the case is now scheduled to be heard before Manchester Minshull Street Crown Court next year.

MANUAL HANDLING GUIDANCE TO BE AMENDED
Posted Saturday, May 22, 2004 by Ahmed Khan
Forthcoming L23 guidance on the manual handling of loads is likely to contain amended pushing & pulling risk filter guidelines for starting and stopping a load in the light of recent research findings. This will see the pushing and pulling risk filter guidelines for starting and stopping reduce to 20 kg for men and 15 kg for women assuming that the distance of the push or pull is no more than about 20 mtrs. A pushing and pulling assessment checklist is to be included in HSE’s revised guidance on the Manual Handling Operations Regulations 1992 (L23;HSE, 1998).

CRITICAL RISK FACTORS
The report - Review of the risks associated with pushing and pulling heavy loads, produced by the Health and Safety Laboratory, contains a lot of information of immediate value to workplaces where this type of manual handling activity can be commonplace and there exists a potential to reduce the resultant risk of musculoskeletal injury.
It is recommended that where critical risk factors such as uneven floors, confined spaces, kerbs and trapping hazards are present, a detailed pushing and pulling risk assessment should be undertaken. The study will also be of value to those who must optimise the design and selection of equipment such as trolleys to suit operator capabilities.

GOODS LIFT ACCIDENT RESULTS IN SERIOUS INJURY
Posted Saturday, May 15, 2004 by Ahmed Khan
A man is recovering in hospital from multiple injuries sustained in an industrial accident at the weekend. According to one account Stephen Hardy, a delivery driver, was making a delivery at the Baker's Oven premises in Nuneaton when their goods lift developed a fault.
It appears that he may have been injured while attempting to restore the lift to use, the enforcing authority, Nuneaton and Bedworth Borough Council, is investigating to establish the facts.

CHANGE ONLY ACHIEVABLE THROUGH PARTNERSHIP EFFORT - MINISTER
Posted Saturday, May 15, 2004 by Ahmed Khan
Minister for Work, Jane Kennedy, will today tell everyone in attendance at RoSPA’s occupational health and safety congress, Learning, Sharing, Moving Forward, of her commitment to the cause of helping bring about a reduction in the heavy personal and financial costs resulting from workplace death, injury and ill-health. The Minister is to open today's EDF Energy sponsored 3-day conference at the NEC, Birmingham, where delegates can hear HSC Chair, Bill Callaghan; Tim Humphreys of the Association of British Insurers; David Bergman of the Centre for Corporate Accountability; and Doug Russell of the Union of Shop, Distributive and Allied Workers.

“The case for good management of health and safety remains overwhelming. However good our record might be compared to other countries, and we do have a record to be proud of, current levels of death, injury and ill health caused by work remain unacceptably and unnecessarily high.
The costs to business and society at large are enormous and the level of individual suffering unacceptable. I am committed to changing that and will continue to champion our new strategy so that health and safety really does become a cornerstone of our civilised society.
The new strategy for workplace health and safety was launched in February with a refreshed vision for the future. It lays out an agenda for change, but this change can only be achieved if we all work together in partnership.
Developing robust partnerships that really deliver is never easy and often requires great effort. But I hope that no one will leave the conference believing anything other than that it is worth making that effort.” - Jane Kennedy, Minister for Work.

DERBY CITY COUNCIL COUNTS HEAVY COST OF ASBESTOS CONTAMINATION
Posted Saturday, May 15, 2004 by Ahmed Khan
Derby Evening Telegraph reports that the estimated cost of decontamination of the City Council's Silverhill Primary School, Mickleover, is £0.75m. During March the authority engaged contractor Horizon Windows to replace glazing, but the work exposed and released white and brown asbestos fibres from insulation boards disturbed by the workmen.
The 400 pupils can only now, this week, return to their school following the extensive cleaning operation. An Institute of Occupational Medicine investigative report concluded that the future risks for pupils and school staff from asbestos-related cancers from the incident are very low but that there may be legal requirements for the window workers to be under health surveillance.
HSE prosecution of one or more parties involved remains a possibility.

EU H&S STATISTICAL ACCOUNT AND ANALYSIS
Posted Saturday, May 15, 2004 by Ahmed Khan
A European Commission Eurostat report - Work and health in the EU - A statistical portrait has been prepared offering a statistical presentation of workplace health and safety in the member states at EU level.
The following have been subject to analysis across a range of variables including age, gender, sector of economic activity, occupation etc, permitting the identification of emerging trends: risk factors and outcomes; work-related diseases and work-related psycho-social problems; the distribution of risk factors & the frequency of accidents at work.

MAN ELECTROCUTED AS MAST STRUCK POWER CABLES
Posted Saturday, May 15, 2004 by Ahmed Khan
It is reported that a 43-year-old man has died in an accident at Hasguard Cross, Pembrokeshire, according to one account he had been working on a small boat when its mast contacted an overhead power cable.

INTERVENTIONS TO COUNTER RISK TAKERS WORKING AT HEIGHT
Posted Saturday, May 15, 2004 by Ahmed Khan
A wide range of interventions are set out in the recommendations section of a recently published HSE-funded study into why some individuals take risks when working at height.
The report, Recidivist risk takers who work at height, was prepared by Loughborough University, Ergomaniacs Ltd and Aston Business School, it attempted to identify what factors could contribute to the behaviour of those who have fallen while working at height, those who have not, and a group labelled 'recidivist risk takers' who work at height.
Interventions suggested include providing more supervision, specific training, or even preventing risk takers from working at height. Some interventions could also relate specifically to the individual and would allow a targeted approach to workers requiring the most support.
Researchers held a series of in-depth interviews with 114 people who worked at height (comprising 69 who had been involved in an accident and 45 who had not) and they suggest that some people have a higher sensation seeking tendency and hence risk taking propensity than others.

MACHINE SUPPLIER AND FARMER PROSECUTED OVER INADEQUATELY GUARDED EQUIPMENT
Posted Saturday, May 15, 2004 by Ahmed Khan
A farmer and the company who supplied him with an inadequately guarded potato harvesting machine have been fined by Mansfield Magistrates Court following HSE prosecution in the wake of an accident to a worker who injured his hand during October 2001.
David Stubbins, an employee of Nottinghamshire farmer Richard Thomas, was operating the harvester on Lyndhurst Farm, Blidworth, when he attempted to free a blockage but sustained hand injuries having accessed a dangerous zone of a prototype Grimme RL6000 windrow potato cultivation machine.
The machine was used again the following day after it was examined by Mr Thomas and representatives from Grimme UK, however HSE inspector Martin Lee visited the farm a day later and issued a Prohibition Notice preventing its further use and it was returned to the company’s Swineshead site where guards were quickly fitted from stock for other potato harvesting machines.
Investigation revealed the prototype machine was manufactured and supplied by Grimme UK’s parent company in Germany and it had been shipped directly from the German factory to Haywood Oaks Farm where it was commissioned by representatives of both Grimme UK and the parent company. Guards had not been supplied with the machine to prevent access to the moving parts. Mr Stubbins and a colleague were trained how to operate it by a representative of Grimme UK who, it transpired, had minimal knowledge of its operation.

PUWER
Grimme UK Limited pleaded guilty to failing to ensure the safety of persons not in their employment under S.3(1) of the Health and Safety at Work etc Act 1974 and failing to prevent access to dangerous parts of a machine contrary to r.11(1) of the Provision and Use of Work Equipment Regulations 1998 (PUWER) for which it was fined £7,000 for the Health and Safety at Work Act breach and £1,000 for breaching PUWER, and ordered to pay £10,145 costs.
Richard Thomas was fined £1,000 with £5,198 costs after admitting a breach of r.11(1) of PUWER.
HSE wishes to publicise that imported agricultural machinery must meet UK safety requirements, for this type of equipment BSEN13118:2000 British Standard for Agricultural machinery – potato harvesting equipment provides useful information.

“Despite the long accident history associated with clearing blockages to potato machinery with safety guards missing or removed, the serious injuries suffered by Mr Stubbins in this accident reflect the common situation of workers attempting to keep machinery running for their employer.
In this case the prototype machine was put into use without suitable guarding arrangements in place. I hope this case sends a clear message to all suppliers of agricultural machinery that systems must exist to ensure all machinery conforms to relevant safety regulations before it is delivered to the farm.” - HSE Inspector Martin Lee.

EUROPEAN SAFETY WEEK POSTER DESIGN COMPETITION
Posted Saturday, May 15, 2004 by Ahmed Khan
The IOSH website contains all the information and links that children (5-15 years) need to enter this year's A4 poster design competition. Posters should convey the message that construction sites hold many dangers for children, some not at all obvious to young perceptions. The closing date for entries is 1st September 2004.

CONSULTATION ON PESTICIDES
Posted Saturday, May 15, 2004 by Ahmed Khan
All pesticides must be approved before they can be advertised, sold, supplied, stored or used in Great Britain. The governing legislation is the Control of Pesticide Regulations 1986 (COPR, as amended), with Defra, the Department of Health (including the Food Standards Agency), the Department for Work and Pensions, the Scottish Executive and the National Assembly for Wales (NAWAD) bearing responsibility for pesticide Regulation.
A revised Code of Practice for the safe use of pesticides (produced jointly by Defra, the HSC and NAWAD) is now the subject of consultation. The code is intended to provide practical advice for all professional pesticide users in England and Wales engaged in agriculture, horticulture, amenity uses and forestry. It combines and updates the relevant advice contained in the Code of Practice for the Safe Use of Pesticides on Farms and Holdings (the MAFF/HSC 'Green Code'); the Code of Practice for the Use of Approved Pesticides in
Amenity and Industrial Areas (the industry 'Orange Code'); the Approved Code of Practice for The Safe Use of Pesticides for Non-agricultural Purposes (the HSC 'Blue Code')& replaces the current version of the 'Green Code', which was last updated in 1998.

Scotland is to get a separate version following Scottish Parliament approval.

The consultation period ends on 30 July.

"Although the current 'Green Code' is an important source of practical advice for farmers and growers on how to use pesticides safely, and by doing so meet legal requirements, a revision is much needed. As well as bringing the advice in the 'Green Code' up to date, we have taken this opportunity to widen the Code's remit to cover all plant protection uses of pesticides. By doing this, we hope to produce a single publication which will be relevant and of practical value to all professional users of pesticides in agriculture, horticulture, amenity situations and forestry. Our intention is to produce an up to date and readable document which will encourage best practice whenever plant protection products are used." - Alun Michael, Rural Affairs Minister.

POWER DISTRIBUTION COMPANY FAILED ELECTROCUTED WORKER
Posted Saturday, May 15, 2004 by Ahmed Khan
Yorkshire Electricity Distribution Services Ltd has pleaded guilty and been fined £60,000 by Hull Crown Court for breaching the Health and Safety at Work etc Act 1974 in the circumstances surrounding the electrocution of one of its employees during September 2001 as he accessed a pole using a mobile elevating work platform.
Philip Hartley, 51, died in the industrial accident as he worked on the 11kV system at Middleton on the Wolds, Yorkshire, that became energised as others worked on the system. The immediate cause was a malfunctioning line section isolator, but investigation revealed company management system failure was the major reason why unsafe working practices were permitted.

NUCLEAR SITE DELICENSING POLICY PROPOSALS
Posted Saturday, May 15, 2004 by Ahmed Khan
HSE expects to receive increasing numbers of requests to delicense parts of, or even entire, UK nuclear sites designated under the Nuclear Installations Act 1965 (the NI Act). The HSC is seeking comments on a proposed policy statement on this matter. In the form of a draft policy statement - HSE criteria for delicensing nuclear sites, shaped through discussion with key stakeholders, recognises that before allowing all or part of a site to be delicensed, HSE must be satisfied that "there has ceased to be any danger from ionising radiations from anything on the site or, as the case may be, on that part thereof." In particular, the policy statement sets out its criteria for delicensing and interpretation of "no danger". If the consultation proves favourable, HSE expects the policy statement to be adopted and formally published by the Autumn.

Comments on the draft should be sent to: Jason Batt, NIHPD2, HSE, 2 Rose Court, 2 Southwark Bridge, London SE1 9HS, e-mail delicensing.policy@hse.gsi.gov.uk no later than 30th July 2004.

PUWER PROSECUTION OF HAMPSHIRE COMPANY
Posted Saturday, May 15, 2004 by Ahmed Khan
Grand Foods Ltd of Stockbridge has been fined by Andover Magistrates’ Court for breaching health and safety legislation in the circumstances of a March 2003 accident in which its employee Hayley Pratt, sustained a wound to her left forearm while removing jars from a filling line at Crest Farm, Middle Wallop, Stockbridge, Hants.
Grant Foods Ltd was fined £15,000 after pleading guilty to breaching S.2(1) of the Health and Safety etc. Act 1974 and £3,000 for breaching r.11 of the Provision and Use of Work Equipment Regulations 1998, with costs of £1778.20.
The accident was made possible because a guard had been removed from the machine several months before and HSE had previously given advice and taken enforcement action on related issues.

"By imposing a fine of this size, the Courts are supporting HSE's message to businesses that they must properly control risks to the safety of their staff. The machinery had been supplied with the necessary safety devices fitted to it but neither the guarding nor the machine itself were maintained in good working order. Guards had been missing from the machine for at least several months and as a result a young member of staff, who had only worked for the company for a matter of weeks, needlessly suffered an injury.
The Court clearly attached importance to the history of previous advice given on similar issues by HSE to the Company. This sends a strong message that companies should learn from advice given by Inspectors and that the Courts will treat failure to act upon that advice very seriously" - Julian Moss, HM Inspector of Safety and Health.

BAKERY EMPLOYEES AT HIGHER RISK OF ASTHMA
Posted Saturday, May 15, 2004 by Ahmed Khan
The last 10 years have seen in excess of 600 of some 65,000 baking industry workers develop occupational asthma as a result of flour and grain, in reality the actual number is considerably higher than this. Bakers are one of the most vulnerable occupational groups, flour and grain is the second biggest cause of the condition.
HSE is working to ensure employers do more to help prevent the illness, all workers exposed to flour should have routine workplace health checks to ensure early detection long before lung hypersensitivity is established.
HSE advocates the use of sprinklers or dredgers to spread dusting flour instead of by hand; avoidance of spillage and raising of dust when putting ingredients into mixers or handling used bags; starting mixers on slow speed until wet and dry ingredients are combined; and the use of vacuums instead of brushes to clear-up dust.

COSHH
Disappointingly, many employers appear to be missing out on the benefits of a thorough implementation of the requirements of the Control of Substances Hazardous to Health Regulations. A recent Advisory Committee on Toxic Substances (ACTS) survey of 55 bakeries revealed a low level of compliance with the Regulations - 80% of bakeries confirmed awareness that flour dust is a respiratory sensitiser; 26% of bakeries with 5 or more employees had assessed the hazards and completed a written risk assessment; 27% of bakeries were aware of the Exposure Limits relating to flour dust; but most bakeries were still using inappropriate work practices such as flour dusting by hand and cleaning by dry-brushing.

Advice is available from Bakers’ Dozen, HSG233, from HSE Books. The Breathe Easy training package, including video, is also available from the Federation of Master Bakers, 6 Catherine St, London WC2B 5JJ or Tel 020 7420 7190.

“Asthma can be a hugely unpleasant and disabling illness and workers deserve better protection from it. Bakers are particularly at risk, especially those who work with flour for long periods. Although many bakeries, especially larger ones, already provide effective controls, there is considerable scope for improvement in the industry. The results of a recent survey, especially when put together with the number of Improvement Notices served by our inspectors, are disappointing.
But the good news is that employers can do a great deal to lower the risk of asthma in the baking industry. Engineering controls such as dust extraction equipment are the starting point - along with HSE’s top ten tips for bakers, COSHH Essentials guidance and routine health checks.” - Dr Hugh Wolfson, HSE Occupational Hygienist.

HSE UK-WIDE BLITZ ON FALLS, LIFTING AND SITE TRANSPORT
Posted Saturday, May 15, 2004 by Ahmed Khan
Construction industry visitors to the Safe Equipment Demonstration (SED 2004), the National Event for Construction being held near Milton Keynes from 18-20th May, who approach the HSE stand (number-180 Avenue L) will quickly become aware of HSE's message - Raise your game on safe lifting.
Next month sees the commencement of a HSE UK-wide blitz on falls, lifting and site transport, the stand is focussing on the need to:

PLAN LIFTING OPERATIONS;
SELECT THE RIGHT EQUIPMENT; AND
DEPLOY COMPETENT PEOPLE.

You will have the opportunity to view a static display on the use of vacuum lifting aids attached to a mini-digger illustrating how to avoid manually handling items such as heavy kerbstones, and as usual HSE inspectors will be on hand to answer questions and advise on all aspects of health and safety in the construction environment.
Morris Materials Handling Ltd will be demonstrating how to sling loads safely and you can view examples of worn and defective lifting accessories.

WORK-RELATED ROAD ACCIDENTS - TUC PUBLISHES ‘SAFER DRIVING PACK’
Posted Saturday, May 15, 2004 by Ahmed Khan
It is estimated that in excess of 1,000 persons are killed and many thousands seriously injured in UK work-related road accidents each year. For many, while at work, driving is by far the most hazardous work activity. The TUC is publishing a new ‘safer driving pack’ to encourage employers to take their responsibility for employees on the road more seriously.

"Tired, stressed drivers with too many drops to make in too little time are not going to be particularly safe drivers. Bosses have a real responsibility for the safety of their roving staff and reducing unrealistic and unmanageable workloads for their drivers must become a top priority. Because many work-related road accidents are treated like any other road accident, many employers are never called to account." - TUC General Secretary Brendan Barber.

TUC & OTHERS PERCEIVE LACK OF PROGRESS ON CORPORATE KILLING LEGISLATION
Posted Saturday, May 15, 2004 by Ahmed Khan
The TUC is perturbed by what it perceives as Government delay in introducing legislation on corporate killing. The view was expressed at last week's Centre for Corporate Accountability conference on Corporate Manslaughter by TUC speaker, Deputy General Secretary Frances O’Grady.

"The Government promised legislation on corporate manslaughter to make bosses more accountable for their health and safety crimes , but despite proposals published last June, we’ve seen nothing more. So long as there is no Bill on corporate killing, and the fines for safety breaches remain disappointingly low, the message to employers is that workplace safety is not a high Government priority. I urge ministers to remove all the stops and introduce legislation now. This year the number of people killed at work is likely to rise. In nine months from April to December 2003, 132 people were killed, compared to 126 for the same period the previous year. This comes at a time when both the HSE and local authorities have seen their safety budgets cut.
Fewer resources means fewer inspectors and fewer inspectors means more employers are getting away with health and safety crimes. If the Government is serious about improving the UK’s safety record it should give the HSE and local councils more cash to allow them to keep a closer eye on bosses with poor safety records." - Frances O’Grady.

CANADIAN EXAMPLE
The Centre for Corporate Accountability believes there is a consensus between trade unions and employing organisations and that any new offence must not only apply to companies but also to government and crown bodies. It contrasts Government inaction with legislation enacted in Canada, last year's 'Westray Bill', termed after a mining disaster in the 90s. CCA fears UK legislation would only apply to companies, not involve serious injuries, not impose any legal duties upon company directors and not propose any original sentencing powers.

David Bergman, Director of the Centre for Corporate Accountability explains what CCA believes new legislation should encompass:
apply its reforms not only to "companies", but also to all other organisations including "unincorporated associations" and all "public bodies"; make it easier to prosecute these bodies not only when serious negligence has resulted in death but also when it has resulted in serious injuries; impose a legal duty upon directors and others with supervisory responsibilities ‘to take reasonable steps to prevent bodily harm to that person, or any other person, arising from that work or task; allow the courts to sentence the company to probation orders, requiring organisations to make far reaching changes to its policies and to report back to the court.

SAFETY FAILURES LED TO CONSTRUCTION DEATH
Posted Saturday, May 15, 2004 by Ahmed Khan
HBG Construction Southern Ltd of Kingsbury has admitted breaching S.3(1) of the Health and Safety at Work etc Act 1974 in the circumstances of the death of Osman Kamara, 25, during February 1997 on a Moorgate, London, construction site accident.
Mr Kamara with three other site workers were given the task of placing a 190kg lintel on a wall when the platform on which he was standing failed causing the lintel to fall on him and inflict a head injury from which he died some days later. Prosecution maintained that Mr Kamara and his agency co-workers were ill prepared for the hazardous task. Southwark Crown Court fined the company £157,000 with £47,000 costs

“This sad incident was entirely avoidable and is an example of what can go wrong when planning and supervision is poor and tight deadlines are involved. The risks of manually trying to place a 190kg lintel above head height should have been obvious to any properly trained supervisor or manager on site. Following the accident, a much lighter lintel weighing, I believe, under one fifth of the original, was used to complete the opening in the wall.
Every year, one third of all construction industry accidents reported to HSE involve manual handling. The risk of injury from manual handling is well known in the industry; as are the measures needed to manage them.” - Neil Stephens, HM Principal Inspector of Health and Safety
“HBG Construction Southern Ltd was gravely at fault for this accident. It happened not just as a result of some brief oversight, but arose out of a series of failures that showed the company fell well short of the acceptable standard imposed by health and safety legislation.” - Judge Loraine-Smith

THE OCCUPATIONAL HEALTH AND SAFETY OF BRITAIN’S ETHNIC MINORITIES
Posted Monday, May 3, 2004 by Ahmed Khan
An HSE-funded Review of the occupational health and safety of Britain’s ethnic minorities, undertaken by the University of Warwick to find out how this group fares in the workplace in terms of health and safety, faced difficulties because of a lack of previous UK research evidence, especially of primary research or reliable monitoring data from UK sources.
The evidence-based review on work-related health and safety issues relating to black and minority ethnic groups found UK South Asians generally under-represented in the more hazardous occupational groups, exhibiting lower accident rates, whereas Black Caribbean workers' rates are similar to those for the general population.
The study points to a need for improved monitoring and data collection relating to black and ethnic minority populations and migrant workers, and workshops on occupational health promotion programmes for ethnic minorities.

WORKER RECEIVED ANOMALOUS RADIOACTIVE EXPOSURE AT DOUNREAY
Posted Monday, May 3, 2004 by Ahmed Khan
The UK Atomic Energy Authority (UKAE) is attempting to discover what caused an employee to return a urine sample indicating that he absorbed a small dose of radioactive actinide at its Dounreay, Caithness, premises during December last year. Although the individual exposure is not particularly significant in terms of the man's health both UKAE and the Nuclear Installations Inspectorate will wish to determine how the exposure took place.

£40,000 HIGH COURT FINE FOR CARE HOME COMPANY
Posted Monday, May 3, 2004 by Ahmed Khan
Hallmark Healthcare Wrexham Ltd has been fined £40,000 with £6,000 costs following an HSE investigation and prosecution arising from the death of a vulnerable resident who was permitted to consume a quantity of caustic solution at its Plas Rhosnesni home during October 2001. Patricia Holt, 72, an Alzheimer's sufferer, found the liquid in a jug in an office which she drunk, a direct result of which she died some days later. The liquid was being used to treat a carpet stain, Mrs Holt had a habit of helping herself to the food and drink of others.
Hallmark earlier admitted breaching the Health and Safety at Work etc Act 1974, it employs more than 700 in care homes across the country.

EXPLOSION AND FIRE AT ELECTROLUX CO. DURHAM
Posted Monday, May 3, 2004 by Ahmed Khan
An employee of Electrolux is receiving treatment for serious burns following an explosion at its premises in Spennymoor, Durham. The incident occurred on Friday morning, according to one account the man was operating pressing equipment.

HSE APPOINTS NEW REGIONAL DIRECTOR
Posted Monday, May 3, 2004 by Ahmed Khan
HSE has appointed Marcia Davies to replace Linda Williams as Director of its Midlands region, comprising offices in Birmingham, Newcastle-under-Lyme, Worcester, Stoneleigh, Nottingham and Northampton.
Linda Williams is now at HSE’s Railway Inspectorate in Birmingham.

“I am delighted to be returning to the Midlands region and am looking forward to the challenges of my new post. HSE, together with the local authorities, is responsible for the regulation of risks to health and safety arising from work activity in Britain.
Our mission is to protect people's health and safety by ensuring risks in the changing workplace are properly controlled. I am looking forward to helping and supporting all HSE’s staff across the West and East Midlands in carrying out this vital role.
We want health and safety, sensibly applied, to be seen by everyone as fundamental to a civilised society. It underpins our social and economic success. For that reason the whole health and safety system needs to be involved, not just the regulating authorities, and I look forward to working more closely with others who share our goals.” - Marcia Davies.

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