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H&S News December 2004
| Title | Comments | Publication |
| WSA Challenge fund second round opens for business. | Running between April 2005 – March 2007, government grants of up to £200,000 over 2 years will be available in a bid to get more workers in small firms involved and working with employers on H&S. | Workers' Safety Advisors information. Internet: www.wsa-cf.org/ HSC Press Release C050:04 1/12/04 |
| New Fire and Rescue Services Act recognises wider role of service. | The FRSA 2004 came into force on 1/10/04 and places a formal duty on fire and rescue authorities to promote fire safety. | The Act + explanatory notes Internet: www.odpm.gov.uk Fire Prevention 2004 386 (Nov):3 |
| Getting in on the Act. | Outline of the long awaited Fire and Rescue Services Act 2004. | Fire Prevention 2004 386 (Nov):10-11 |
| Dwelling on success. | Dwelling deaths and injuries in Merseyside have fallen thanks to a home fire RA initiative by the fire service. (G Keen) | Internet: www.merseyfire.gov.uk Fire Prevention 2004 386 (Nov):19-20 |
| Storage capacity. | Pre-incident planning at storage and distribution facilities can benefit the fire brigade, the facility and the insurer. (J Hartle) | Fire Prevention 2004 386 (Nov):21-23 |
| Counting the cost. | The cost-effectiveness of fire protection in chemical warehouses. (A Tyldesley, P Rew & R Houlding) | Fire Prevention 2004 386 (Nov):27 |
| Shipping news. | Progress of the UK's fire-fighting at sea project. (M Kettle) | Fire Prevention 2004 386 (Nov):39-41 |
| Taking a dive. | Calls for the UK fire service to establish search and rescue diving units to provide sub-surface rescue capability. (B Weedon) | Fire Prevention 2004 386 (Nov):42-45 |
| Waiting for emergency treatment. | A new NAO report shows waiting times in A&E units have decreased in the past 2 years but people are still having to wait longer than 4 hours. | Natl Audit Office HoC Paper 1075 2003/4 Isbn 0-10-293021-X £11.25 SO RoSPA Occup Safety & Health Bulletin 2004 33(11):1-2 |
| Industrial dangers. | Surveys in 15 EU countries prior to enlargement show over 3,000 industrial plants have been designated high risk in terms of potential accidents. | RoSPA Occup Safety & Health Bulletin 2004 33(11):3 |
| Going public. | The EC is upgrading its current internet-based register of environmental emissions. | Internet: www.eper.cec.eu.int RoSPA Occup Safety & Health Bulletin 2004 33(11):8 |
| Edmund Nuttall Ltd | Fined £8,000 under PUWER 1998. Injured whilst operating a motorway barrier repair rig. Crushed between frame and compressor. | HSE Prosecution Case F230000277 (23/9/04) |
| Westward Energy Services Ltd | Fined £8,000 under HASAWA 1974 s3. Principal contractor. Initially job involved internal works but as it progressed excavation into highway required. No safe system of work. | HSE Prosecution Case F230000420 (23/9/04) |
| Laing O'Rourke Wales & West Ltd | Fined £17,000 under HASAWA 1974 s2. Injured falling 4.5m through a hole in a concrete floor. Moved an 8'x4' plywood sheet which was covering the hole. No barriers or warning signs. | HSE Prosecution Case F230000446 (24/9/04) |
| Workplace smoking to end in 2008. | Both the UK and Scotland have announced plans to ban smoking in workplaces and enclosed public spaces. Implementation in Scotland by early 2006 and fully by 2008. | Health & Safety Bulletin 2004 (334):1 |
| We hear what you're saying, but… | The Government rebuffs most of the 30 recommendations in the Work and Pensions Select Comm report into the work of the HSC/E. | Internet: www.publications.parliament.uk/pa/cm200304/ cmselect/cmworpen/1137/1137.pdf Safety & Health Practitioner 2004 22(12):6 |
| Unions tell watchdog to ditch the carrot and fetch the stick. | At a TUC conf marking the 30th anniv of the HASAWA, HSC/E's funding shortage, approach to enforcement and restrictions on safety reps were highlighted. (A Sansom) | Safety & Health Practitioner 2004 22(12):14 |
| Totally unsafe' practice costs companies £20,000. | TNT Logistics UK fined £5,000 + £6,000 costs and WH Smith fined £3,000 + £6,000 costs. TNT driver injured after requesting help from an FLT driver whilst trying to free a locking pin on curtain sided trailer. FLT operating too close to a person. Previous similar accident at a WH Smith site. | Safety & Health Practitioner 2004 22(12):16 |
| Developer fined £10,000 after worker falls through unguarded opening. | R Tippett Property Dev fined £10,000. Injured falling 3.7m through trapdoor whilst stripping out a building prior to conversion. No guard rails or disposal chute. | Safety & Health Practitioner 2004 22(12):18 |
| Tribunals and tribulations. | After recent House of Lords rulings in occupational stress cases, what might happen if an employee brings a stress related claim in an Employment Tribunal based on the employee's unfair dismissal or as a result of discrimination. (K Bridges) | Safety & Health Practitioner 2004 22(12):21 |
| New nominations committee. | Under new corporate governance arrangements which come into force in 2005 the IOSH council intends to appoint a new nominations committee. | For Info Ms H Robinson Tel:0116-257-3210 Safety & Health Practitioner 2004 22(12):29 |
| 5 easy pieces. | Following predictions that employers' liability insurance will continue to rise, a plan driven by H&S managers which has been successful in reducing the overall cost of EL coverage for a number of companies. (A Welch) | Safety & Health Practitioner 2004 22(12):35-37 |
| Get with the programme. | RWE npower's employee led safety programme and real workplace improvements. (P Smith & A Dyson) | Safety & Health Practitioner 2004 22(12):38-40 |
| Guard duty. | Reduction or elimination of unsafe behaviour by considering human factors and applying ergonomic design principles to machine safeguards. (D Abbott) | Safety & Health Practitioner 2004 22(12):42-44 |
| Closed minds cost money. | Musculoskeletal disorders will remain a problem if employers and employees do not consider consultative and inclusive approaches that examine both physical and attitudinal' solutions. (Z Whysall & R Haslam) | Safety & Health Practitioner 2004 22(12):46-49 |
| Pesticides - incidents. (Pesticide incidents report 2003/04) | Inspectors investigated 204 incidents, a decrease of 11 over the previous year and issued 66 enforcement notices. | Internet: www.hse.gov.uk/agriculture/information.htm Health & Safety Bulletin 2004 (334):5 |
| Managing work related stress – the HSE sets its standards. | The development of the HSE's stress management standards. (C Dyer) | Health & Safety Bulletin 2004 (334):7-10 |
| The stressed civil servant. | The results of the long term Whitehall II study and its effect on the HSE's new stress management standards. (C Dyer) | Health & Safety Bulletin 2004 (334):11-12 |
| Vocational rehabilitation: an end to the sick-note culture? | Review of the government's proposals for helping sick and injured workers back into employment. (C Dyer) | Health & Safety Bulletin 2004 (334):13-20 |
| HSE starts spreading the word. | How the HSE anticipates providing information and advice in the future. (H Fidderman) | Health & Safety Bulletin 2004 (334):21-23 |
| Proof' of straightforward risk assessments presented at printing seminar. | Report on HSE training on assessing manual handling risks in printing. MAC, a web-based tool simplifies RA by showing how manual handling tasks can be broken down. | Internet: www.hse.gov.uk/msd/mac/index.htm HSE Press Release E166:04 2/12/04 |
| HSE publish new guidance on metal handling and storage. | New guidance for those involved with production, storage, transport and use of steel and similar metal stock. | HSG246 Isbn 0-7176-1986-9 £14 HSE Tel:01787-881165 HSE Press Release E167:04 2/12/04 |
| HSE v Savill Fabrications Ltd: Plan safe and stop falls from height. | Savill Fabrications Ltd fined £4,000 + £10,000 costs. Injured falling 2.5m whilst measuring for the placing of steel beams. Poor training and supervision. | HSE Press Release E169:04 3/12/04 |
| New partnership for central and local government working. | At a London conference a high level agreement has been reached by the HSC, HSE and Local Government Associations about building a new partnership to deliver H&S enforcement. | HSC Press Release C053:04 8/12/04 |
| HSE issues warning on correct use of twin tailed lanyards. | HSE warns of importance of following manufacturers' instructions on the use of fall arrest equipment, in particular systems based on twin tailed energy absorbing lanyards. | HSE Press Release E168:04 8/12/04 |
| Language barriers mean new dangers at work. | The HSE and TUC have produced new safety information translated into 20 different languages. | Internet: www.hse.gov.uk HSE Press Release E170:04 9/12/04 |
| First Aid rules stay fit for purpose. | Rules for first aid provision at work are still fit for purpose after the first full review of the Health and Safety (First Aid) Regs 1981. | Internet: www.hse.gov.uk/firstaid HSE Press Release E165:04 9/12/04 |
| Statement of nuclear incidents at nuclear installations. | The statement covers the period 1/7/04 - 30/9/04. There were no incidents reported. | Statement of nuclear incidents 3rd quarter 2004' HSE Press Release E172:04 9/12/04 |
| Gwilym J Morris & Son | Fined £5,000 under HASAWA 1974 s2. Injured falling. Dutyholder had identified precautions required to prevent falls but work carried out without these being made available. | HSE Prosecution Case F230000438 (27/9/04) |
| Caerphilly County Borough Council | Fined £8,000 under HASAWA 1974 s2 & s3. Contractors undertook work on asbestos ceilings. No information re asbestos known to school, therefore none given to contractors. | HSE Prosecution Case F110000810 (29/9/04) |
| Mr Peter Addison | Fined £1,000 under HASAWA 1974 s7. Injured by an FLT driven in an unsafe manner. | HSE Prosecution Case F140000375 (30/9/04) |
| Barr Ltd | Fined £40,000 under HASAWA 1974 s2. Killed drawn into the aggregate hopper of a mobile concrete batching plant. No safe system of work. | HSE Prosecution Case F230000279 (30/9/04) |
| Cobsen Davies (London) Ltd | Fined £4,000 under MHSWR 1999 / CHSWR 1996. Injured falling through a fragile roof. | HSE Prosecution Case F230000506 (30/9/04) |
| Havelock Europa Plc | Fined £1,500 under HASAWA 1974 s2. Injured whilst using a Herbert' drill. Work secured and fed by hand whilst wearing gloves. No guarding. | HSE Prosecution Case F200000655 (1/10/04) |
| Driving tired report published. | New DfT report on the dangers of driving whilst tired, warns fleet managers of the need to tackle fatigue in policies on managing occupational road risks. | Internet: www.dft.gov.uk RoSPA Occup Safety & Health Journal 2004 34(12):7 |
| Accidents cost update. | Interim HSE estimates of cost to Britain of workplace accidents and work-related ill health show £20 - £31.8 billion overall charge to society. | Internet: www.hse.gov.uk/statistics/dayslost.htm RoSPA Occup Safety & Health Journal 2004 34(12):2 |
| But what about the bullies? | New Chartered Inst of Personnel & Dev report states that little support, advice or guidance is being offered to those accused of bullying in the workplace. | Managing conflict at work' CIPD Internet: www.cipd.co.uk/surveys RoSPA Occup Safety & Health Journal 2004 34(12):5 |
| EU construction report focuses on design. | EASHW report states >60% of accidents and >25% of fatalities on Europe's construction sites could be avoided by more careful design, planning and procurement before construction starts. | European Agency for Safety & Health at Work Achieving better S&H in construction' RoSPA Occup Safety & Health Journal 2004 34(12):6 |
| Start early and stay safe says EU report. | EASHW report states that integrating OS&H in school and university education is key to reducing high rate of work related accidents and illnesses especially among younger staff. | e-mail: information@osha.eu.int RoSPA Occup Safety & Health Journal 2004 34(12):8 |
| France to follow driver hi-vis requirements. | Motorists visiting France could face a €138 fine for not wearing high viz clothes in the event of break-down. Legislation introduced in Italy and Spain earlier this year is adopted in France and Germany in 2005. | RoSPA Occup Safety & Health Journal 2004 34(12):8 |
| Dealing with dermatitis. | Ways of tackling dermatitis, sometimes considered an insidious OH problem. (J Lambeth) | RoSPA Occup Safety & Health Journal 2004 34(12):12-13 |
| Phone lines. | The stresses and pressures to which call centre staff may be subject. (N Cook) | RoSPA Occup Safety & Health Journal 2004 34(12):18-22 |
| Disability Discrimination Act 1995. | How disability discrimination and H&S legislation apply to the disabled at work. The new provisions which came into force on 1/10/04 and potential conflicts. (P Ellis) | RoSPA Occup Safety & Health Journal 2004 34(12):26-28 |
| Securing health together: diagnosis and prognosis. | Progress in overhauling the nation's OH services. (E Gates) | RoSPA Occup Safety & Health Journal 2004 34(12):32-35 |
| No mean feet. | What can be done to help the many workers who suffer in silence from foot ailments. (R Bibbings) | RoSPA Occup Safety & Health Journal 2004 34(12):47-48 |
| HSE Rail Chief to lead HM Railway Inspectorate into ORR. | Dr Allan Sefton, head of the HSE's HMRI, is remaining in post during the forthcoming merger with the Office of Rail Regulation. | HSE Press Release E171:04 13/12/04 |
| SIML Holdings Ltd | Fined £2,700 under MHSWR 1999 / WHSWR 1992. Injured falling through plywood sheets placed over gaps between roof beams. No longer load bearing and not easily identified. Inadequate RA. | HSE Prosecution Case F120000515 (4/10/04) |
| Swift Brickwork Contractors Ltd | Fined £10,000 under HASAWA 1974 s3. Injured falling when scaffold collapsed. Labourer used non-load bearing couplers. Scaffold not properly handed over or inspected prior to use. | HSE Prosecution Case F230000372 (4/10/04) |
| Interserve Industrial Services Ltd | Fined £20,000 under HASAWA 1974 s3. Injured falling when scaffold collapsed. Labourer used non-load bearing couplers. Scaffold not properly handed over or inspected prior to use. | HSE Prosecution Case F230000373 (4/10/04) |
| Carillion Building Ltd | Fined £20,000 under HASAWA 1974 s3. Injured falling when scaffold collapsed. Labourer used non-load bearing couplers. Scaffold not properly handed over or inspected prior to use. | HSE Prosecution Case F230000374 (4/10/04) |
| Glyndwr Davies | Fined £1,500 under HASAWA 1974 s22 / CHSWR 1996. Working at 2.4m in height. In breach of Prohibition Notice. | HSE Prosecution Case F230000481 (4/10/04) |
| James Bates | Fined £6,500 under HASAWA 1974 s2. Whilst assisting a colleague, killed after falling from a ladder which slipped. Ladder not tied or footed. | HSE Prosecution Case F230000443 (6/10/04) |
| Phillip Malcolm Robinson | Fined £1,000 under HASAWA 1974 s3 / ALR 1983. Illegal removal of asbestos by unlicensed asbestos remover. | HSE Prosecution Case F230000509 (6/10/04) |
| Mr L Wilkins | Fined £500 under HASAWA 1974 s33 / GSIUR 1998. Gas installer carried out work without being CORGI registered. In breach of Prohibition Notice. | HSE Prosecution Case F010000732 (7/10/04) |
| David Wah | Fined £3,000 under PUWER 1998. Following accident at circular saw. Inadequate guarding, maintenance and training. | HSE Prosecution Case F170000419 (7/10/04) |
| Toni Deary | Fined £3,000 under PUWER 1998. Following accident at circular saw. Inadequate guarding, maintenance and training. | HSE Prosecution Case F170000422 (7/10/04) |
| Darren Oxley | Fined £1,500 under HASAWA 1974 s7. Project manager. Prior to a refurbishment, failed to co-operate with employer and organise an asbestos survey. | HSE Prosecution Case F230000428 (8/10/04) |
| PPN Joinery Services Ltd | Fined £3,500 under CAWR 1987. Damaged asbestos board whilst stripping a nightclub ceiling. No survey and no precautions to prevent spread of asbestos. | HSE Prosecution Case F230000429 (8/10/04) |
| Jewson Ltd | Fined £1,500 under HASAWA 1974 s3. Fall from height. | HSE Prosecution Case F230000521 (8/10/04) |
| J Sutton Builders | Fined £1,500 under HASAWA 1974 s2 / CHSWR 1996. Fall from height. | HSE Prosecution Case F230000522 (8/10/04) |
| Off the job safety. | Reducing work absence through the prevention of home and home and leisure injuries. (D Abbott) | Health and Safety at Work 2004 26(12):11-13 |
| European framework agreement on stress at work. | Under Framework Dir 89/391 all employers are said to have a legal obligation to protect the H&S of workers, including work related stress. | Health and Safety at Work 2004 26(12):6 |
| A question of life and death. | The important role of defibrillators in workplace first aid. (A Elkinson) | Health and Safety at Work 2004 26(12):14 |
| It's your skin. | Rash decisions – preventing and controlling dermatitis. (L Bamber) | Health and Safety at Work 2004 26(12):20-22 |
| Workplace transport. | Being struck by a moving vehicle is the 2nd most common accident for deaths at work. Identifying the dangers and assessing the risks. (L Waterman) | Health and Safety at Work 2004 26(12):23 |
| Safe and sound? | Work related noise and hearing protection – the problems and solutions. (J Ridley) | Health and Safety at Work 2004 26(12):30-32 |
| Operational statistics. | The ODPM has published statistics on operational issues for fire services in England and Wales for 2001/02 and 2002/03. | Office of the Deputy Prime Minister Internet: www.odpm.gov.uk Fire Prevention 2004 387 (Dec):4 |
| All in order. | The reform of the fire safety law in England and Wales and compatibility with the fire service modernisation agenda. (A Marles) | Fire Prevention 2004 387 (Dec):10-11 |
| State of emergency. | The government's next step to improving fire service response to major emergencies following the Fire & Rescue Services Act. | Fire Prevention 2004 387 (Dec):12-13 |
| Safe to the core. | Fire safety at Sellafield nuclear engineering facilities in NW England. | Fire Prevention 2004 387 (Dec):16-18 |
| Pressure points. | Fire risks posed by medical hyperbaric environments. (R Houman) | Fire Prevention 2004 387 (Dec):25-26 |
| Electric shock. | The requirement for contractors to register as competent persons to undertake electrical work under Pt P of the Building Regs. (A Richards) | Internet: www.partp.co.uk Fire Prevention 2004 387 (Dec):34-36 |
| Part P explained. | The impact of the new Building Regs Pt P on the fire and security sector. (M Turner) | Fire Prevention 2004 387 (Dec):36 |
| Standards in evidence. | The CRFP are producing a new register which will place fire investigators alongside established forensic specialities. (A Kershaw) | Council for the Registration of Forensic Practitioners Internet: www.crfp.org.uk Fire Prevention 2004 387 (Dec):43-44 |
| Professional steps. | Advancing the professional development of UK fire investigators. (M Gardiner) | Fire Prevention 2004 387 (Dec):45 |
| Better behaviour. | How cognitive behaviour therapy can lead to a better understanding of firesetters. (L Thomas) | Fire Prevention 2004 387 (Dec):49-51 |
| Companies fined £87,000 following workplace fatality. | Krypton Health Constr Ltd fined £35,000 / Controlled Flame Boilers Ltd fined £52,000. Pipe fitter killed falling 9m whilst installing boiler during construction process. Inadequate fall prevention and method statement. | HSE Press Release E173:04 20/12/04 |
| Changes to the inspection of diving cylinders. | HSE is advising owners of diving cylinders that from 1/7/06 the regs covering periodic inspection and testing in the UK will be subject to 3rd party conformity assessment. | HSE Press Release E174:04 21/12/04 |
| Rajvel Construction Ltd | Fined £6,000 under CHSWR 1996 / CHWR 1966. Handyman killed falling 5m from rear scaffold platform. | HSE Prosecution Case F230000450 (13/10/04) |
| Ashcon Ltd | Fined £6,000 under CHWR 1966. Handyman killed falling 5m from rear scaffold platform. | HSE Prosecution Case F230000451 (13/10/04) |
| Real Good Food Co Plc | Fined £3,000 under PUWER 1998. Injured in rollers of pastry brake. Poor guarding and interlock. Inadequate maintenance. Injured person blamed for accident and not paid. Compensation order applied for by prosecuting inspector. | HSE Prosecution Case F010000733 (14/10/04) |
| Cambridge Fitted Furniture Centre | Fined £15,000 under HASAWA 1974 s33 / EWR 1989 / WHSWR 1992. Failure to comply with Improvement Notices. | HSE Prosecution Case F080000387 (15/10/04) |
| JCB Developments | Fined £10,000 under HASAWA 1974 s2 & s3. Following complaint, inspector found asbestos had been disturbed during refurbishment. Failure to assess risk, no precautions. Possible exposure to high concentrations. Architect failed to advise on CDMR. | HSE Prosecution Case F230000500 (17/10/04) |
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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