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H&S News March 2004
| Title | Comments | Publication |
| Performance tool to raise health and safety profile. | CHaSPI is an on-line tool to help internal and external stakeholders assess how well an organisation is managing its risks and responsibilities. | Corporate Health & Safety Performance Index Internet: www.chaspi.info-exchange.com Safety & Health Practitioner 2004 22(3):2 |
| Rail review. | The Transport Secretary has announced a major review of the railways, focusing on organisational changes and better cost controls. | RoSPA Occup Safety & Health Bulletin 2004 33(2):3-4 |
| Roadside deaths occurred despite 'good' safety policy. | McConechy's Tyre Service fined £10,000. Tyre fitter and truck driver killed whilst dealing with a puncture when oncoming lorry struck breakdown. No HV jackets, repair vehicle parked in wrong place, failure to ensure effective H&S policy. | Safety & Health Practitioner 2004 22(3):10 |
| The long and winding road… to court. | Following a work related death, it is likely there will be a lengthy investigation by the police and HSE into the circumstances. (M Appleby) | Safety & Health Practitioner 2004 22(3):10 |
| Data protection – an obstacle to reps? | After trade union doubts, the HSE Dir Gen has stated that employers can meet their duties under both the DPA and Safety Reps Regs if they provide information safety reps require, in an anonymous form. | Safety & Health Practitioner 2004 22(3):12 |
| Limits on Hazsubs under ROHS… | From July 2006 electrical and electronic equipment on the EU market should not contain lead, mercury, cadmium and various other substances. | Safety & Health Practitioner 2004 22(3):14 |
| Staying in the deep end. | The thinking behind the HSC's proposed 10 year strategy for H&S. Success or failure? (D Eves) | Safety & Health Practitioner 2004 22(3):19-20 |
| Terms and conditions apply. | How companies can get the best deal on employers' liability insurance (ELI). (T Budworth) | Safety & Health Practitioner 2004 22(3):22-24 |
| Reducing risk… and all that haz. | Widening use of hazard and operability studies outside the chemical industry and how completing a HAZOP during the project design phase can improve the inherent safety of the plant. (G Kelly) | Safety & Health Practitioner 2004 22(3):26-28 |
| Be asbestos aware. | New Control of Asbestos at Work Regs should help prevent further harm to workers after recent research indicated more than predicted are likely to die from earlier asbestos exposure. (A Rickmann) | Safety & Health Practitioner 2004 22(3):31-32 |
| Save your breath. | Respiratory conditions other than asthma and asbestosis which can arise in a variety of work environments. (Dr C Idle) | Safety & Health Practitioner 2004 22(3):34-37 |
| Click for chemicals. | Chemical Essentials is an on-line tool being developed by the HSE and EA to help small businesses comply with legislation relating to chemicals. (M Topping) | Demonstration CD-Rom available. Internet: www.hse.gov.uk/press/2004/e04023.htm Safety & Health Practitioner 2004 22(3):38-40 |
| Using gas in catering. | The safe use of gas fired equipment in the catering and hospitality industries. | Cat Inf Sheet No 23 HSE Safety & Health Practitioner 2004 22(3):61 |
| Lessons to learn for the education sector. | European Agency for Safety & Health at Work Fact Sheets Nos 45-47 on H&S in educational establishments including legislation and the risk management process. | Internet: http://agency.osha.eu.int/publications/ factsheets/index_en.htm Safety & Health Practitioner 2004 22(3):61 |
| Roadshow helps reduce risk in construction. | From 1/3/04 the Working Well Together campaign's White Van Roadshow is taking H&S messages about construction site dangers to sites with <50 workers. | HSE Infoline Tel:08701-545500 HSC Press Release C008:04 1/3/04 |
| HSC urges employers to consult workers on health and safety. | HSC Chairman has called on all employers to properly involve their workers to ensure good standards of workplace H&S. | Internet: www.hse.gov.uk/workers/involvement/index.htm HSC Press Release C010:04 9/3/04 |
| Brakes faulty on runaway trailer. | Following the deaths of 4 track workers killed by a 17 tonne runaway trailer on the West Coast Main Line, the HSE investigation has revealed that the brakes were not functional. | RoSPA Safety Express 2004 (Mar/Apr):1 |
| Local Authorities win Euro Week awards. | Thirteen LAs were amongst winners of the HSE's European Week for H&S Awards which focused on dangerous substances. | RoSPA Safety Express 2004 (Mar/Apr):2 |
| Violence statistics published. | New statistics indicate there were still 849,000 incidents of violence at work, although the overall number has fallen by 23% since 1999. | 'British Crime Survey 2003/04' Internet: www.homeoffice.gov.uk/rds/whatsnew1.html RoSPA Safety Express 2004 (Mar/Apr):4 |
| Lights, action, safety! | H&S at Pinewood Studios, a major film and TV studio complex. (N Cook) | RoSPA Safety Express 2004 (Mar/Apr):10-11 |
| Legionnaires outbreak: Barrow Council faces manslaughter charges. | Following 7 deaths from Legionnaires' Disease in 2002, Barrow BC and its design services manager have been charged with 7 counts of manslaughter. | RoSPA Safety Express 2004 (Mar/Apr):14 |
| New T&G website. | The T&G's new website has been designed to be as accessible as possible and has been awarded an RNIB logo. | Internet: www.tgwu.org.uk RoSPA Safety Express 2004 (Mar/Apr):18 |
| Hand-held mobile ban now UK-wide. | Legislation banning the use of hand held mobile phones whilst driving came into force in NI in Feb, bringing it into line with the rest of the UK. | RoSPA Safety Express 2004 (Mar/Apr):20 |
| 'Corporate killing' conference. | The Centre for Corporate Accountability is holding a conference on the proposals for reforming the law of corporate manslaughter which the government is publishing shortly. | CCA Inf & registration. Internet: www.corporateaccountability.org/conference/apr04london.htm RoSPA Safety Express 2004 (Mar/Apr):20 |
| Cordon would have saved young child's life. | R and Y Biehler (t/a Baytree Nurseries & Garden Centre) fined a total of £100,000 + £50,000 costs. 3 year old killed when part assembled demonstration building collapsed. No RA, cordon, H&S training. Failure to maintain a FLT. Poor children's play area. | Health & Safety Bulletin 2004 (326):3 |
| Government slams deplorable double-charging lawyers. | The Law Society has ruled that solicitors helping coal miners obtain compensation under a government scheme should not take a cut of any award. | Scheme Internet: www.dti.gov.uk/health Gov Comp Helpline Tel:0800-028-2138 Health & Safety Bulletin 2004 (326):3 |
| Employers may face new compensation bill for victims of work-related violence. | Con Doc proposes switching responsibility for Criminal Injuries Comp Scheme pay-outs from the state to employers where: workers are injured in violent attack, suffer trauma as a result of railway suicide, or are accidentally injured when taking exceptional risks. | Home Office 'Comp & support for victims of crime' 12/1/04 Internet: www.homeoffice.gov.uk/inside/consults/current/index.html Health & Safety Bulletin 2004 (326):6 |
| ELI: past, present and future. | Most organisations that need Employers' Liability Insurance have it and the HSE is exploring ways to make the system work better. (C Dyer) | Health & Safety Bulletin 2004 (326):13-15 |
| Dangerous substances, explosive atmospheres. | Employers' duties concerning dangerous substances and explosive atmospheres. (I Clements) | Health & Safety Bulletin 2004 (326):16-18 |
| Implementing the falls from height Directive in the UK. | The HSC's consultation on the proposed Work at Height Regs. (C Dyer) | Health & Safety Bulletin 2004 (326):19-20 |
| Stopping skin disease. | HSC request for comments on a proposal to ban high-chromium cement, a known cause of allergic dermatitis. The ban would come into force in Jan 2005. | Internet: www.hse.gov.uk/consult/condocs/cd195.htm HSC Press Release C011:04 8/3/04 |
| HSE working with NHS to reduce risks to staff and patients. | Chris Taylor, HSE, has agreed that findings of a CHI survey confirm that stress, manual handling and violence are significant problems for staff in the health service. | Comm for Health Improvement HSE Press Release E031:04 10/3/04 |
| MEPs call for end to 48-hour week opt-out. | Pressure is mounting on the EC to end the UK's existing opt-out from the 48-hour weekly working limit, after a vote in favour of the opt-out being gradually phased out. | Safety Management 2004 (March):2 |
| Government under pressure to regulate gangmasters. | Following the deaths of the Morecambe Bay cockle-pickers, there is increased pressure for government to back a Bill to crack down on rogue gangmasters. | 'Gangmaster (Licensing) Bill 2003/04' Internet: www.publications.parliament.uk/pa/pabills.htm Safety Management 2004 (March):2 |
| On-line stress discussion forum. | On-line forum enabling employers to share their experience of tackling workplace stress. Includes case studies. | Internet: www.hse.gov.uk/stress/issues.htm Safety Management 2004 (March):4 |
| Consultation regulations shelved. | Three years after the HSC proposed a single set of regulations on safety consultation at work, they have been shelved. Instead, non legislative measures are being proposed. | 'Collective declaration on worker involvement' Internet: www.hse.gov.uk/new/index.htm Safety Management 2004 (March):6-8 |
| Standardising the operation. | Safety procedures in place at BMI Healthcare, the largest independent provider of health services in the UK. (F Stones) | Safety Management 2004 (March):18-20 |
| Meat processing firm fined £300,000 after worker seriously injured in ammonia leak. | Dawn Meats UK Ltd fined £300,000. Following a fire, subcontractors' worker engulfed by ammonia gas from damaged pipe of refrigeration plant. Dawn's worker opened a valve, allowing 2 tonne of liquid ammonia to escape. | Safety Management 2004 (March):23 |
| Fatal construction site fall. | Eugena Ltd fined £40,000 + £12,983 costs. Principal contractor. Subcontractor bricklayer killed falling 2.5m from scaffold. After Eugena workers left the site the bricklayer and others raised the height of scaffolding but failed to fit guard rails. No contractor supervision or scaffold inspection. | Safety Management 2004 (March):25 |
| Lift truck death. | R Durtnell & Sons Ltd fined £18,000 + £2,600 costs. Killed during maintenance on an FLT. Whilst standing on the footplate to examine the mast believed came into contact with the controls of the tilt mechanism. Failure to ensure RA compliance. | Safety Management 2004 (March):29 |
| Pedestrian injured during tree removal. | Barratt Homes Ltd fined £15,000 and Landmark Civil Eng'g Ltd fined £7,000 + £4,000 costs each. Member of the public injured by part of tree which fell whilst being removed from site. Poor H&S plan, no RA or safe system of work. | Safety Management 2004 (March):30-31 |
| Worker in lift truck plunge. | Courts (UK) Ltd fined £8,000 + £17,350 costs. Whilst emptying waste into a skip, injured falling 9' from a platform balanced on the forks of an FLT. No RA, failure to instruct and monitor workers. | Safety Management 2004 (March):31 |
| Communicating the safety message. | Some of the best ways to get the company safety message across to all staff. | Safety Management 2004 (March):32-34,36,38,40 |
| Safer rescues. | Dynamic risk management techniques for fire fighters. Effective risk judgements of complex and uncertain hazards reduce dangers in emergency rescues. (J Ash) | Safety Management 2004 (March):42-43 |
| Good for the environment. | Reducing energy use and recycling waste has led to financial savings for ink cartridge manufacturer Epson Telford. (M Whitby) | Safety Management 2004 (March):44-45 |
| COSHH guidance. | Revised guidance to help employers comply with their duties under the Control of Substances Hazardous to Health Regs 2002. | HSG97 Isbn 0-7176-2785-3 £8.95 HSE Tel:01787-881165 Safety Management 2004 (March):51 |
| £100,000 fine following death of a road worker. | An HSE reminder to the construction industry of the need to properly control reversing vehicles on site. JDM Accord Ltd fined £100,000 + £32,183 costs. Subcontractor 'banksman' killed by reversing trailer during road widening work. | HSE Press Release E030:04 12/3/04 |
| Healthy handling site visit update. | During March, inspectors visited 350 construction sites in London and the SE and issued 40 enforcement notices. | HSE Press Release E032:04 15/3/04 |
| Simon Henderson | Fined £1,000 under HASAWA 1974 s3. Injured falling 5m through a plastic roof light. Inadequate precautions by contractor. | HSE Prosecution Case F190000427 (5/1/04) |
| Tony Tierney Industrial Roofing | Fined £2,000 under HASAWA 1974 s2. Asbestos cement roofing destroyed and roof access requirements ignored. Management aware of practices. | HSE Prosecution Case F230000207 (5/1/04) |
| Jacamast Structureclad Ltd | Fined £5,000 under HASAWA 1974 s3. Unsafe system of work re asbestos and falls from height whilst removing asbestos cement roof sheets. | HSE Prosecution Case F230000208 (5/1/04) |
| Eagle Tool Co (Studley) Ltd | Fined £5,000 under HASAWA 1974 s2. Power press demonstrated to a new worker by director who had set the tools. No statutory inspection and tools unguarded. | HSE Prosecution Case F120000491 (6/1/04) |
| Barr Ltd | Fined £100,000 under HASAWA 1974 s2 / MHSWR 1999. Two workers injured whilst pouring concrete. No safe system of work or instruction. | HSE Prosecution Case F230000033 (7/1/04) |
| PL Williamson Ltd | Fined £3,000 under HASAWA 1974 s2. Welder injured whilst welding a dumper bucket which had been stood on end and levelled with wood. No safe system of work. | HSE Prosecution Case F090000421 (8/1/04) |
| James Johnston & Co of Elgin Ltd | Fined £2,000 under HASAWA 1974 s2. Injured setting machinery which was routinely operated with interlocks defeated. | HSE Prosecution Case F200000634 (8/1/04) |
| Orion Developments Ltd | Fined £4,000 under HASAWA 1974 s2. Injured falling from a ladder whilst 'pointing up' mortar. | HSE Prosecution Case F230000247 (8/1/04) |
| Jason Noctor | Fined £2,000 under HASAWA 1974 s3. Removed top of chimney and flue liner serving a gas boiler. Occupier suffered CO poisoning. Failure to ensure boiler working satisfactorily, did not seek advice from a competent gas engineer. | HSE Prosecution Case F080000372 (9/1/04) |
| ODPM consults on fire service charging. | A Con Doc from the Office of the Deputy Prime Minister on fire authority charging under the new Fire and Rescue Services Bill. | Internet: www.odpm.gov.uk Fire Prevention 2004 378 (March):3 |
| How to do public consultation. | A revised Code of Practice on Consultation comes into force on 1/4/04 and applies to UK public consultations by government and agencies including those on EU directives. | Cabinet Office Internet: www.cabinet-office.gov.uk/regulation/Consultation/Code.htm RoSPA Occup Safety & Health Journal 2004 34(3):6 |
| Psychologist calls for regular 'emotional audits' in the workplace. | A speaker at the CIPD conf has stated that regular emotional audits may help managers deal with the ordinary negative emotions in the workplace which become toxic. | Chartered Inst of Personnel & Development Internet: www.cipd.co.uk RoSPA Occup Safety & Health Journal 2004 34(3):11 |
| Finding the right collars to feel. Pt 3 final part | Coverage of HSE's guidance to inspectors on prosecuting individuals. (R Mackmurdo) | RoSPA Occup Safety & Health Journal 2004 34(3):12-14,16-17 |
| Slips, trips and falls. | A typical RA when assessing slipping, tripping and falling hazards in a workplace. (P Ellis) | RoSPA Occup Safety & Health Journal 2004 34(3):18-20,22 |
| Accidental education. | Accident investigation and the learning process. (N Cook) | RoSPA Occup Safety & Health Journal 2004 34(3):26-29 |
| Crew lines. | Staff from the Mersey Mission to Seafarers visit 9,000 ships each year and hear the concerns of 16-20,000 seafarers, many of them abandoned far from home. (E Gates) | RoSPA Occup Safety & Health Journal 2004 34(3):34-36,38,40-41 |
| De-regulation or innovation? | Focusing on HSC/E resources and ignoring their use, may lose the chances of dialogue on the way HSE works and how to ensure future effectiveness. (R Bibbings) | RoSPA Occup Safety & Health Journal 2004 34(3):55-56 |
| 18 residents die in UK care home blazes. | After several fires at care homes in which 18 died, the Fire Minister has announced investigations, followed by checks on any implications for current regulations. | Fire Prevention 2004 378 (March):4 |
| Fit the Bill? | The legal implications of the Fire and Rescue Services Bill, due to become law later in 2004. (R Barlow) | Fire Prevention 2004 378 (March):9-10 |
| Civil service. | The Civil Contingencies Bill currently passing through Parliament will place new duties on fire authorities and other responding organisations. | Fire Prevention 2004 378 (March):18-19 |
| New Dimension – update. | An update on the mass decontamination and urban search and rescue work which is part of the New Dimension programme introduced after 11/9/01. (N Raynsford) | Fire Prevention 2004 378 (March):20-22 |
| Breaking cover. | The ODPM is providing fire and rescue services with a Fire Service Emergency Cover Toolkit to help develop integrated risk management plans. (Dr D Peace) | Fire Prevention 2004 378 (March):23-27 |
| Investing in the future. | The Scottish Executive has issued new fire safety guidance as part of a 3 year strategy to improve new and refurbished schools. | 'Fire safety in schools… Scotland's School Estate' SO Tel:0870-606-5566 Fire Prevention 2004 378 (March):34-37 |
| Occupying thoughts. | Report from a seminar on enforcing H&S in houses of multiple occupancy. (R Gilby) | Fire Prevention 2004 378 (March):44-45 |
| HSE uses interactive website to seek views on information disclosure. | First use of consultation system to seek views on how restrictions in HSE disclosing information can be brought into line with the Freedom of Information Act 2000. | Internet: www.hse.gov.uk/consult/live.htm HSE Press Release E035:04 22/3/04 |
| Scottish Water wins national safety and health award. | Scottish Water is the overall winner of the European Week for Safety and Health at Work Awards 2003. | Internet: www.hse.gov.uk/euroweek/index.htm HSE Press Release E033:04 24/3/04 |
| Design initiative to reduce falls from height in construction. | During April 2004 the HSE is repeating its initiative to bring building designers onto construction sites in a bid to reduce the number of falls from height in the industry. | HSE Press Release E036:04 24/3/04 |
| Printing – a pain in the neck? | An HSE initiative focusing on WRULDs amongst workers in various parts of the printing industry. | HSE Press Release E038:04 24/3/04 |
| Moving scenes in new HSE DVD aimed at diving instructors. | Following a number of serious incidents, a DVD for diving instructors, providing practical advice for teaching recreational diving safely. | 'Diving instructors… & RA' distributed through the British Diving Group. HSE Press Release E039:04 25/3/04 |
| New HSE leaflet/poster targets falls from vehicles. | A new leaflet/poster for those in the road haulage industry. Includes a checklist to help prevent falls from vehicles and case studies. | INDG395 Isbn 0-7176-2824-8 £5 pack of 20 HSE Tel:01787-881165 HSE Press Release E037:04 25/3/04 |
| Mr Clive Richard Fredrick Apps | Fined £750 under CPR 1986. Large quantity of full, part used and empty pesticide containers left in an open fronted farm building, accessible to both people and livestock. | HSE Prosecution Case F030000433 (12/1/04) |
| SM Travel | Fined £5,700 under EWR 1989 / COSHH 1999 / WHSWR 1992. During inspection, dangerous wiring seen on premises, no hot water or COSHH assessment for materials including asthmagens. | HSE Prosecution Case F070000434 (12/1/04) |
| Mr Philip Mansell | Fined £5,000 under MHSWR 1999 / WHSWR 1992. Employer and worker injured falling from cowshed roof. No suitable RA or fall prevention suitable to prevent falls from >2m. | HSE Prosecution Case F120000501 (12/1/04) |
| Marshalls Mono Ltd | Fined £15,000 under HASAWA 1974 s2. Injured in powered feed auger. | HSE Prosecution Case F160000424 (15/1/04) |
| Mukter Ahmed | Fined £500 under HASAWA 1974 s36. Failed to maintain gas appliances in tenanted property for over 2 years. Landlord's agent. | HSE Prosecution Case F180000406 (15/1/04) |
| M4 Van Centre | Fined £15,000 under HASAWA 1974 s33. Non compliance with Prohibition Notice on isocyanate spraying in an uncontrolled environment. | HSE Prosecution Case F010000693 (16/1/04) |
| Mr John P Newell | Fined £16,000 under HASAWA 1974 s2 s3 & s33. Non compliance with an Improvement Notice requiring the fencing of a slurry lagoon. Risks to workers and the public. | HSE Prosecution Case F120000457 (16/1/04) |
| Mr Richard Newell | Fined £16,000 under HASAWA 1974 s2 s3 & s33. Non compliance with an Improvement Notice requiring the fencing of a slurry lagoon. Risks to workers and the public. | HSE Prosecution Case F120000458 (16/1/04) |
| High Peak Packaging Ltd | Fined £400 under WHSWR 1992. At 11.15am temperature recorded as 1.3C. Previous advice on heating. | HSE Prosecution Case F130000441 (16/1/04) |
| IBP Conex Ltd | Fined £15,000 under HASAWA 1974 s2 / MHSWR 1999. Injured whilst using automatic lathe. Guards open and using emery cloth to apply finish. Another worker injured moving parts of beading machine. | HSE Prosecution Case F200000629 (16/1/04) |
| GE Starr Ltd | Fined £3,000 under PUWER 1998. Injured when press tools closed under gravity. The guard being operated manually. Failure to ensure equipment maintained and in good repair. | HSE Prosecution Case F100000619 (19/1/04) |
| RJ McLeod (Contractors) Ltd | Fined £1,750 under ALR 1983 / CAWR 2002. Undertook work with asbestos insulating board contravening their Asbestos Licence conditions. Failed to take suitable precautions. | HSE Prosecution Case F230000217 (19/1/04) |
HSE Prosecutions Database (4 Feb 2007)
After a gap of around a year, HSE is now posting prosecutions again. We have started inputting cases with hearing dates after 1-Nov-2006 and will update new cases weekly as they are reported. In view of the volume of prosecutions now posted, we are not inputting previous cases. There will therefore be a gap in our database from a hearing date of 24 January 2006 until November 1st. Anyone not finding a case which may have been heard between January and November 2006, should therefore try searching the HSE Prosecutions database.
When the HSE relaunched the Prosecution database in January 2007, after a break of around a year, they appear to have changed the format of the case numbers. Therefore, for all entries with a hearing date before the 24 January 2006 you should search the HSE database using the defendants name instead of the case number we have quoted if you wish to check details for yourself.
Disclaimer
Whilst every effort is taken to ensure that H & S News entries are an accurate summary of the source data, at the time of publication on the HASTAM website, HASTAM cannot accept any responsibility for errors or omissions in transcription. Further, HASTAM cannot accept any responsibility for the content of the information to be found in the source materials.
HASTAM cannot accept any liability for any events arising from the use of this information. We strongly recommend that, if any information from any H & S News entry is to be used for any specific purpose, the original source is checked to confirm accuracy and to enable the user to take account of the full information. This is particularly important in the case of HSE Prosecutions where the HSE may have withdrawn a specific entry subsequent to its publication in H & S News. Entries can be checked using the search facility on www.hse-databases.co.uk/prosecutions
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