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H&S News March 2005
| Title | Comments | Publication |
| Government plans to put back one million benefit recipients into a job. | The Dept for Work & Pensions has published a 5 year strategy to persuade up to 1m recipients of incapability benefit to return to work. | 'Opportunity and security throughout life' DWP 2005 Cm6447 SO Isbn 0-10-164472-8 £16 Health & Safety Bulletin 2005 (336):3 |
| HSE rail chief to lead HM Railway Inspectorate into ORR. | Dr A Sefton is remaining in post until HMRI's merger with the Office of Rail Regulation. | HSC Newsletter 2005 (159)Feb:4 |
| Pressure vessels warning after chemical firm fined. | HSE has warned of the need to ensure safe use of pressure equipment after prosecution of Clariant Life Sc Molecules (UK) Ltd. Worker injured when lid of a pressurised vessel blew off. | HSC Newsletter 2005 (159)Feb:5 |
| Managing and working with asbestos. | Revised HSE guidance for use by asbestos analysts undertaking laboratory and technical work. Also DVD on 'How are you managing? Dealing with the risk of asbestos in buildings.' | HSG248 Isbn 0-7176-2875-2 £16.50 DVD Isbn 0-7176-2862-0 £25 HSE Books HSC Newsletter 2005 (159)Feb:19 |
| Health and safety in commercial kitchens in the hospitality industry. | Structures in place for H&S management in commercial catering kitchen workplaces in the hospitality industry. | RR259 Isbn 0-7176-2886-8 £15 HSE Books HSC Newsletter 2005 (159)Feb:24 |
| Stress appeals clarify picture. | Review of six Court of Appeal decisions on claims for damages for work-related stress. (K Humby) | Health & Safety Bulletin 2005 (336):5-8 |
| The role of the psychological in the work of the physical. | The interplay between stress and musculoskeletal disorders. (L Ponting) | Health & Safety Bulletin 2005 (336):9-10 |
| Health and safety: the state of play. | Table reviewing all HSC/E activity between 14/5/04 – 1/2/05. | Health & Safety Bulletin 2005 (336):11-24 |
| Construction industry renews its determination to health and safety commitments. | Senior executives and union reps from the construction industry renewed their commitment to H&S by launching a new 'Respect for People' code of practice. | Internet: www.hse.gov.uk/construction/codeofpractice/ HSE Press Release E028:05 24/2/05 |
| Scaffolding firm fined £30,000 following death of worker. | Crow Fabrications Ltd fined £30,000. One scaffolder killed and one injured when the scaffold rig they were dismantling became unbalanced and fell 60' into the street. | HSE Press Release E029:05 24/2/05 |
| Railway approvals – HSE published new guide. | A web based guide to the Railway & Other Transport Systems (Approval of Work, Plant and Equipment) Regs 1994. More detailed advice on the process and the type of evidence that the HMRI need to assess schemes. | ROTS Internet: www.hse.gov.uk/railways/approval/approval.pdf HSE Press Release E030:05 28/2/05 |
| Lanelawn Ltd | Fined £2,400 under HASAWA 1974 s2 / RIDDOR 1995. Injured operating a mini router machine. Poor guarding. No RA or safe system of work. Accident not reported. | HSE Prosecution Case F100000697 (20/12/04) |
| Merryhill Envirotec Ltd | Fined £20,000 under PUWER 1998. Killed crushed between roof truss and mobile platform railing. Colleagues unable to release from ground controls. Poor training. | HSE Prosecution Case F010000724 (22/12/04) |
| Cymru Country Chickens Ltd | Fined £7,000 under HASAWA 1974 s2. Inexperienced worker injured in nip point of conveyor. Poor training, instruction and supervision. | HSE Prosecution Case F110000834 (22/12/04) |
| Solihull Metropolitan Borough Council | Fined £6,000 under HASAWA 1974 s3. Risk to tenant due to organisation of maintenance job. | HSE Prosecution Case F100000695 (23/12/04) |
| Sonae UK Ltd | Fined £12,000 under HASAWA 1974 s2. Injured by reversing FLT. | HSE Prosecution Case F170000429 (23/12/04) |
| HSE publishes research into factors motivating employers to comply with health and safety law. | Results of a survey of 1,700 employers asking what factors motivated them to comply with H&S law. | RR334 Internet: www.hse.gov.uk/research/rrhtm/rr334.htm HSE Press Release E033:05 4/3/05 |
| Enforcement takes centre stage in HSA Programme of Work. | With the new Irish Safety, Health and Welfare at Work Act due in 2005, the H&S Authority is increasing workplace inspections and establishing a Special Investigations Unit. | Safety & Health Practitioner 2005 23(3):7 |
| GPs could be monitored and retrained on sick-note sign-offs. | GPs could face stricter recording and monitoring of their certification practices after new proposals which suggest measures to help improve their awareness and understanding of the health benefits of working. | Internet: www.strategy.gov.uk/output/Page5046.asp Safety & Health Practitioner 2005 23(3):8 |
| Government guidelines aim to counter school trip fears. | In response to concerns from teaching unions, the government will be publishing detailed guidance on outdoor learning and the fair treatment of school staff. | Safety & Health Practitioner 2005 23(3):10 |
| Free health and safety advice. | 'Workplace Health Direct' is a new £20m pilot scheme to provide free advice and support to SMEs. Funded by the DWP and run by the HSE, it is due to commence by 2006. | Safety & Health Practitioner 2005 23(3):10 |
| 'Routine' side activity was overlooked in risk assessment. | Sebden Steel Serv Centre fined £60,000. Killed when 1 tonne steel coil fell whilst being disentangled. After a similar incident 6 months earlier, a system put in place but not written into safe system of work. Shows need to exam all task when assessing risks. | Safety & Health Practitioner 2005 23(3):16 |
| Badly stacked timber panel costs company £12,000. | Conway Packaging Services Ltd fined £12,000. Injured whilst handling panels weighing 80kg each when 5 toppled over. No safe system of work, poor manual handling. | Safety & Health Practitioner 2005 23(3):18 |
| Hitting the sentencing jackpot. | New sentencing guidelines and their bearing on how courts apply reductions in sentences according to mitigation factors in H&S cases. (M Appleby) | Internet: www.sentencing-guidelines.gov.uk Safety & Health Practitioner 2005 23(3):21 |
| Decisions, decisions. (Pt 2) | Why magistrates sentence in the ways they do in H&S cases. Survey of a group of experienced magistrates and some conclusions. (C Hudson) | Safety & Health Practitioner 2005 23(3):36-38 |
| A size matter. | Potential health, safety and environmental implications of nanotechnology. (P Reeve) | Safety & Health Practitioner 2005 23(3):40-43 |
| Hard times. | The latest research and mitigating the effects of shift work. (D Abbott) | Safety & Health Practitioner 2005 23(3):45-46 |
| Sleeping duty. | Driver fatigue and the problems of people working over-long shifts. (S Cusack) | Safety & Health Practitioner 2005 23(3):49-50 |
| No exit under an act of egress. | With the recent changes in disability discrimination law, businesses now have to consider both means of access and of escape in the event of fire or other emergency. (P Bryant) | Safety & Health Practitioner 2005 23(3):52-54 |
| Select and survive. | The challenge to get people to wear safety eyewear in environments where there are known hazards and where damage or injury could effect the rest of their lives. (N Day) | Safety & Health Practitioner 2005 23(3):57-58 |
| Helping out in times of trouble. | Providing H&S advice for an international emergency services company and Thai Government on construction of a repatriation centre in the tropical forest near Phuket airport. (G Wilding) | Safety & Health Practitioner 2005 23(3):74 |
| Court backs asbestos awards. | Following a challenge from insurers, in a landmark judgement, those diagnosed with pleural plaques will have increased anxiety about their health and the increased risk of developing asbestos related illness. Future compensation claims are allowable but awards will not exceed £7,000. | RoSPA Safety Express 2005 (Mar/Apr):2 |
| Three injured in scaffold collapse: £81,000 fine. | J&P King Ltd t/a Kings Scaffolding fined £75,000 / D Thompson t/a Thompson Underpinning & Building Contractors fined £6,000. Three injured when scaffold collapsed into roadway. Unsuitable scaffold, lack of ties. Poor communication. | RoSPA Safety Express 2005 (Mar/Apr):2 |
| Mental health and rehabilitation. | CIPD research shows that helping to rehabilitate employees who are off sick with stress and other mental health problems is a growing challenge for employers. | Chartered Inst of Personnel & Development
Internet: www.cipd.co.uk/subjects/health/mentalhlth/ recrehabretent.htm RoSPA Safety Express 2005 (Mar/Apr):8 |
| Health advice for the NHS. | The management of health, safety and welfare issues for NHS staff provides advice and guidance on a wide range of occupational health and safety issues. | 'The Blue Book' Internet: www.nhsemployers.org/employmentpractice/ occupational_health_guidance.asp RoSPA Safety Express 2005 (Mar/Apr):9 |
| Working with waste. | Reducing deaths and injuries in the waste and recycling sector is a top priority for the HSE and local councils. (P Heslop) | RoSPA Safety Express 2005 (Mar/Apr):10-11 |
| Guidance launch aims to reduce manual handling in kerb laying. | New guidance providing advice on controlling the risks associated with the manual handling of kerbs and the increased use of mechanically assisted kerb handling devices. | Constr Inf Sheet 57 Internet: www.hse.gov.uk/pubns/cis57.pdf HSE Press Release E032:05 2/3/05 |
| Tree climbing research should help prevent accidents. | Research report aimed at reducing accidents amongst arborists by helping them select the best rope access or work positioning system for tree work. | Internet: www.hse.gov.uk/agriculture/pdf/wahreport.pdf HSE Press Release E031:05 4/3/05 |
| EU wide campaign for disabled workers. | The Government's new strategy for transforming the life chances of disabled people by 2025 and the establishment of an Office for Disability Issues. | 'Life chances of disabled people' Internet: www.strategy.gov.uk RoSPA Occup Safety & Health Journal 2005 35(3):6 |
| Nationwide decontamination service. | New central service to help authorities / organisations prepare for and deal with incidents where chemical, biological, radiological or nuclear materials are released to the environment by accident or design. | RoSPA Occup Safety & Health Journal 2005 35(3):7 |
| Drug driving: new police powers. | Under a new CoP, drivers will have to undertake a roadside impairment test if the police suspect they are driving under the influence of drugs, including prescription and over the counter medicines. | Internet: www.homeoffice.gov.uk/docs/orders.html RoSPA Occup Safety & Health Journal 2005 35(3):8 |
| Work hoarse report. | A TUC report warns of the factors which can increase the risk of voice loss in many professions. The loss of voice to a teacher can be hugely damaging to themselves and students. | TUC 'Work hoarse' Internet: www.hazards.org/voiceloss RoSPA Occup Safety & Health Journal 2005 35(3):11 |
| A sharp intake… | The UK is lagging behind the USA in protecting health workers from needlestick injuries. (N Cook) | RoSPA Occup Safety & Health Journal 2005 35(3):14-18,20 |
| Working near water. | Undertaking an RA for those working near water. (P Ellis) | RoSPA Occup Safety & Health Journal 2005 35(3):26-29 |
| Drug watch. | The failure of current UK Drugs Policy and the ethics of random workplace drug testing along with drug and alcohol policies. (E Gates) | RoSPA Occup Safety & Health Journal 2005 35(3):32-34,36 |
| Rethinking RIDDOR. | HSE's forum of stakeholders and the options for the next upgrade of RIDDOR. (R Bibbings) | RoSPA Occup Safety & Health Journal 2005 35(3):48-50 |
| EC to change Services Directive. | The EC's 'Services in the International Market' is to be changed following fears that it would prevent the HSE from enforcing H&S law on European firms working in the UK. | Safety Management 2005 (Mar):2 |
| Second summit gives time to reflect. | Review of progress 4 years after the first construction industry summit. | Safety Management 2005 (Mar):6-7 |
| Director case studies launched. | HSE case studies on the important role directors play in creating effective H&S policies, aiming to show how H&S fits into the idea of corporate social responsibility. | Internet: www.hse.gov.uk/corporateresponsibility/casestudies/ Safety Management 2005 (Mar):8 |
| Change to civil liability exclusion. | The HSC will put forward proposals to remove the rights of 3rd parties, including members of the public, to launch civil claims against employees for breaching the MHSWR. | Safety Management 2005 (Mar):8 |
| Rise in farm accidents. | The HSE is urging farmers to pay greater attention to safety following the increase in people killed in farming accidents. | Safety Management 2005 (Mar):13 |
| An event at the Dome to remember. | How the charity Crisis planned for H&S during its Christmas shelter for 1,000 people at the Dome. (R Ownes) | Safety Management 2005 (Mar):18-20 |
| Council pays out £60,000 over baler death. | Bradford MDC fined £60,000. Agency worker killed falling into hopper trying to clear blockage in cardboard baling machine. Machine not isolated. No safe system of work and poor RA and training. | Safety Management 2005 (Mar):24 |
| Director prosecuted over wall collapse. | R Dixon, director of Friog Man Services Ltd fined £14,000. 3 year old injured when FLT crashed into garden wall whilst manoeuvring in alley leading to construction site. Inadequate H&S plan, no competent site manager. FLT poorly maintained and driven by untrained 17 yr old apprentice. Principal contractor. | Safety Management 2005 (Mar):27 |
| Worker loses arm in machinery accident. | Esprit Midlands Ltd fined £25,000. Subcontractor injured whilst unblocking a screeding machine when a colleague reactivated it. Machine borrowed from another subcontractor and incorrectly wired. H&S plan not implemented. Principal contractor. | Safety Management 2005 (Mar):28 |
| Communicating the safety message. | Some of the methods which can be used to ensure that the correct information reaches those who need it. | Safety Management 2005 (Mar):30-32,34,36 |
| Communicating the safety message – signs. | Signs and the provision of safety information in the workplace. (C Warren) | Safety Management 2005 (Mar):38-40 |
| Quarry safety website. | New HSE web pages for H&S in quarries, including case studies. | Internet: www.hse.gov.uk/quarries/index.htm Safety Management 2005 (Mar):42 |
| Corporate responsibility. | European Agency for Safety and Health at Work report on the key elements of an effective corporate responsibility policy. | Internet: http://agency.osha.eu.int/publications/reports/ 210/en/index.htm Safety Management 2005 (Mar):43 |
| Sharing the lessons learnt – HSE publishes web report on Glenridding school trip tragedy. | HSE's report on the drowning of a 10 yr old during a school trip to the Lake District in 2002. | Internet: www.hse.gov.uk/schooltrips HSE Press Release E034:05 9/3/05 |
| HSC consults on redrafted guidance for Nuclear Reactors Decommissioning Regulations. | Redrafted guidance includes greater clarity and standards on what is expected from submissions and how these will be dealt with. | Internet: www.hse.gov.uk/consult/live.htm HSC Press Release C003:05 10/3/05 |
| Improving health and safety through partnership: WSA Challenge Fund Award winners announced. | HSC's Chairman announced the 11 winners from the 2nd round of the Workers' Safety Adviser Challenge Fund, a grant scheme designed to increase worker involvement. | HSC Press Release C005:05 10/3/05 |
| HSE issues warning on safe use of petrol after sentencing. | Following the death of an apprentice vehicle mechanic in an explosion at a garage, HSE and Sussex Police have warned garages about the importance of putting in place a safe system for handling and storing petrol. | HSE Press Release E020:04 11/3/05 |
| Company fined £7,500 for construction site death. | Circleworth Ltd fined £7,500. Self-employed carpenter killed falling 2.4m from access scaffold during house refurbishment. No appropriate ladder. | HSE Press Release E036:05 14/3/05 |
| Vertis Direct Marketing Services (Leicester) Ltd | Guilty under PUWER 1998. Injured when 'webbing up' a feed on a printing line. No guarding. | HSE Prosecution Case F090000438 (5/1/05) |
| Getting involved. | New guidance on the 'Information and Consultation of Employees Regs 2004' which is being phased in between 2005-2008. | Internet: www.dti.gov.uk/er/consultation/proposal.htm RoSPA Occup Safety & Health Bulletin 2005 34(3):6 |
| Men gaoled for manslaughter after fire fighter death. | J Evans and C Raisis gaoled for 10 years and C Sterio gaoled for 4 years. Deliberately started a fire in a disused community centre in which a fire fighter was killed after a compressed gas cylinder exploded. | Fire Prevention 2005 390 (Mar):5 |
| Home help. | The programme of home fire risk checks now being implemented by fire services in England. | Fire Prevention 2005 390 (Mar):13-15 |
| Housing scheme. | Hertfordshire Fire & Rescue Service project to install residential sprinklers in 4 houses of multiple occupancy. (P Hardy) | Fire Prevention 2005 390 (Mar):16-18 |
| Residential care. | The increasing recognition of residential sprinklers in the UK. (Sir G Pigot) | Fire Prevention 2005 390 (Mar):19-22 |
| Quick change. | Quick response sprinklers offer significant advantages when used in residential premises. (I Gough) | Fire Prevention 2005 390 (Mar):23-25 |
| Smoking out. | The legal debate on whether people should take more responsibility for the risks from smouldering cigarettes. (D Goble) | Fire Prevention 2005 390 (Mar):26-27 |
| Standards of protection. | The new system of building standards in Scotland will contribute to improved safety using automatic suppression in residential buildings. (C Hird) | Fire Prevention 2005 390 (Mar):33-34 |
| Disturbing thoughts. | Residential sprinklers in a secure environment and the inquiry into the disturbance and fire at Yarl's Wood detention centre. | Fire Prevention 2005 390 (Mar):35-37 |
| Secure investment. | The effectiveness of water mist in protecting prison cells and other secure environments. (C Foster) | Fire Prevention 2005 390 (Mar):38-41 |
| Political influence. | The impact of legislative and fire service reform on the policy of insurers. (J O'Neill) | Fire Prevention 2005 390 (Mar):49-51 |
| Reality check on enforcers. | New HM Treasury report indicates most companies breaching health, safety or environmental law, escape prosecution. | Internet: www.hm-treasury.gov.uk/hampton RoSPA Occup Safety & Health Bulletin 2005 34(3):1-2 |
| HSC issues response to the Hampton Report. | HSC welcomes the final Hampton report 'Reducing administrative burdens: effective inspection and enforcement'. | HSC Press Release C007:05 16/3/05 |
| Work at Height Regulations laid in Parliament. | The new Regulations will come into force on 6/4/05 to consolidate previous legislation and implement an EC Directive. | HSC Press Release C008:05 17/3/05 accessible shortly via the HMSO website at: www.hmso.gov.uk/si/si20050735.htm |
| Local Authorities and HSE working together building on best practice. | New guide setting out examples of best practice working between HSE and Las. | Internet: www.hse.gov.uk/lau/worktog0305.htm HSE Press Release E035:05 17/3/05 |
| HSC publishes report on first year of strategy. | Progress since the introduction of 'Strategy for workplace H&S in GB to 2010 and beyond' details how the strategy is setting priorities and how resources are being targeted. | 'Workplace strategy – moving to delivery' Internet: www.hse.gov.uk/aboutus/plans/hscplans/firstyear.htm HSC Press Release C009:05 21/3/05 |
| HSE launch initiative with waste and recycling industry to reduce injuries. | 3 year initiative to reduce the high number of fatal and serious incidents during collection and processing of municipal waste/recycling. | HSE Press Release E038:05 21/3/05 |
| Building sites aren't playgrounds, warns HSE as Leicester developers fined £29,000 after two year old's death. | HSE warns children not to play on building sites after developer V Kotak and builder S Patterson were fined. A 2 yr old killed whilst playing when several 300kg slabs fell on him. | HSE Press Release E038:05 21/3/05 |
| HSE and CAA issue Memorandum of Understanding for public transport and Cargo Operations. | HSE/CAA guidelines on their respective responsibilities for enforcing OH&S in relation to public transport aircraft whilst on the ground and in the air. | Internet: www.caa.co.uk/ HSE Press Release E037:05 22/3/05 |
| HSE hosts seminar to discuss joint strategy to improve safety in the chemical and downstream oil sector. | Over 100 people attended a stakeholder workshop on 16/3/05 in B'ham, aimed at developing plans to improve safety and sustainability in the chemical and downstream oil industry. | HSE Press Release E040:05 22/3/05 |
| Aberdeenshire Council | Fined £6,500 under HASAWA 1974 s3 / MHSWR 1999. Contractor's worker injured falling 5m when the machine upon which he was working was started by council employee. No safe system of work or RA. | HSE Prosecution Case F200000669 (10/1/05) |
| Ayyaz Homes Ltd | Fined £4,000 under CHSWR 1996. Following complaint of unsafe scaffolding and inadequate welfare. History of non compliance. | HSE Prosecution Case F230000541 (12/1/05) |
| JM Pringle | Fined £6,000 under CHSWR 1996 / HSFAR 1981. Two observed loading out a roof with tiles on end of terrace property adjacent to road. No edge protection, toilet facilities or first aider. Previous advice. | HSE Prosecution Case F230000466 (14/1/05) |
| Britannia Construction Ltd | Fined £3,500 under HASAWA 1974 s3. Driver injured when loaded dumper overturned whilst reversing down a gradient. No training, seat belt or check on whether a licence was held. | HSE Prosecution Case F230000494 (14/1/05) |
| Smiths Construction (Gloucester) Ltd | Fined £5,000 under HASAWA 1974 s2. Employee injured driving a loaded dumper which overturned reversing down a gradient. No training, seat belt or check on whether a licence was held. Another worker operating in similar circumstances. | HSE Prosecution Case F230000495 (14/1/05) |
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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
For copyright reasons we cannot make the articles themselves available.
HSE Prosecutions Database
The HSE did not post prosecutions for about a year from January until November 2006. There is therefore be a gap in our database from a hearing date of 24 January 2006 until 1 November 2006. 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.
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