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News July 2006
| Title | Comments | Publication |
|---|---|---|
| Directors’ duties debate drags on. | It is less likely that new legislation will be introduced to place specific H&S duties on company directors, after HSC decided to concentrate on more authoritative guidance. | Safety & Health Practitioner 2006 24(7):6 |
| Risk management concepts need reviewing, say Lords. | A House of Lords Committee criticise some concepts behind the management of H&S risk and recommend they be scrapped because of ambiguity and possible contribution to risk aversion. | ‘Govmnt policy on the management of risk’ Internet: www.publications.parliament.uk/pa/ld/ldeconaf.htm Safety & Health Practitioner 2006 24(7):7 |
| Government calls HSC/E to account. | At a House of Commons Comm, the HSC/E defended its record on strategies and programmes to achieve its own and PSA targets for reduction in fatal and major injuries and occup ill health. | Safety & Health Practitioner 2006 24(7):8 |
| Risk assessment failed to consider transport issues. | Sandmaster fined £20,000. Killed by skip delivery vehicle whilst taking rubbish to a skip in factory yard. No vehicle pedestrian segregation and staff not wearing HV jackets. Yard RA had not considered transport. | Safety & Health Practitioner 2006 24(7):11 |
| Firm fined for ‘cavalier’ approach to asbestos. | TWI Insulation fined £15,000 / director C Jarnell fined £3,000. Investigation following a complaint. Licensed asbestos removal company stripped asbestos without an adequate survey report. Director produced a forged air test certificate. | Safety & Health Practitioner 2006 24(7):11 |
| Roofer injured in 8m fall. | Letchworth Roofing fined £50,000. Roofer injured falling 8m through fragile roof light. Inexperience on specific job. Safety equipment available but not in use. | Safety & Health Practitioner 2006 24(7):12 |
| Gardener lost toe in mowing incident. | Caparo Hotels fined £4,000. Gardener injured whilst using a hover mower when he slipped down a bank on to mower blades. No RA or safety footwear. | Safety & Health Practitioner 2006 24(7):12 |
| Stock blocked access to lifting device in textiles firm. | Capatex fined £2,000 and director P Strauss fined £2,000. Woman worker injured lifting 70kg roll of fabric. Lifting device available but difficult to access. No suitable RA and poor training. Director aware of weights lifted. | Safety & Health Practitioner 2006 24(7):12 |
| ‘Deficient safety culture’ prevailed at engineering firm. | R and M Robinson, partners in Crane Hill Eng’g fined a total of £12,000. Machine operator injured using an unguarded 80-tonne power press. New employee and insufficiently trained. | Safety & Health Practitioner 2006 24(7):14 |
| Scaffolding fall costs two Welsh businesses. | R Parfitt t/a Parfitt Constrn fined £1,500. R Terry t/a Apex Scaffolding fined £2,000. Painter employed by Parfitt injured falling 20’ through gap in scaffolding. Scaffold not inspected and accident not reported for 1 month. No adequate guard rails. | Safety & Health Practitioner 2006 24(7):14 |
| Supermarket sweeps into court. | Morrisons fined £18,000. Injured falling from delivery truck whilst unloading stock in near dark conditions. No safe system of work, poor training, inadequate stock storage, inadequate lighting. No suitable and sufficient RA. | Safety & Health Practitioner 2006 24(7):14 |
| When the boss can pass the buck. | The Court of Appeal has decided that employers can ‘blame’ employees for H&S failures if the employers can prove they did everything reasonably practicable to prevent such failures. (M Appleby) | R v HSE Interlocutory Case No 0601564B5 [2006] EWCA Cim 1156 Safety & Health Practitioner 2006 24(7):17 |
| Best behaviour. | Professional ethics for the safety professional. Workplace accident investigation and conflict of interest. (S Francis & F Paddon) | Safety & Health Practitioner 2006 24(7):32-34 |
| Examination in progress. | How to adopt and implement a professional approach to investigation and analysis of workplace accidents. (J Nelson) | Safety & Health Practitioner 2006 24(7):37-38 |
| Safety snapshot. | Safety climate assessment and how to undertake a climate change survey. (R Byrne) | Safety & Health Practitioner 2006 24(7):40-41 |
| Stage coach. | A powerful way of imparting H&S information which draws on real-life experiences. (S Walter) | Safety & Health Practitioner 2006 24(7):44-46 |
| Tried and tested. | ‘Constructing Better Health’ the pilot occupational health support scheme for the building industry. What has been achieved and the way forward. (M Aldous) | Safety & Health Practitioner 2006 24(7):48-50 |
| Fit and well. | Considerations when appointing a first-aider. (Dr A McGregor) | Safety & Health Practitioner 2006 24(7):53-54 |
| Protect your assets. | Introduce OH programmes, alongside appropriate workplace controls and reduce the number of days lost. (R Bacon) | Safety & Health Practitioner 2006 24(7):57 |
| HSE issues further safety alert to fuel depot operators. | New HSE Safety Alert to operators of fuel storage sites subject to COMAH Regs 1999 following new information from the on-going investigation into the Buncefield Oil Depot fire. | Internet: www.hse.gov.uk/comah/alerts/sa0106.htm HSE Press Release E071:06 4/7/06 |
| HSE welcomes the integration of health and safety into the 2012 construction commitments. | The ‘2012 Construction Commitments’ provide an H&S message for those contractors considering tendering for Olympic construction contracts. | Internet: www.strategicforum.org.uk HSE Press Release E072:06 4/7/06 |
| HSE launches programme to protect two million workers. | New programme aimed at protecting workers from suffering permanent health damage from exposure to either excessive noise or hand-arm vibration. | The Noise and Hand-arm Vibration Programme HSE Press Release E073:06 7/7/06 |
| Loose pipe penalty. | Byrne Bros (Formwork) fined £60,000. Mobile pump operator injured whilst pouring concrete using pipeline. Colleagues were clearing blockage with compressed air when pipe recoiled. | Health and Safety at Work 2006 28(7):2 |
| The Guardian makes news with £37,500 RSI payout. | In an out-of-court settlement, Guardian Newspapers have paid a former night editor £37,500 for an RSI claim. Used a mouse 9 hrs per night up to 45 hrs per week without proper breaks. | Health and Safety at Work 2006 28(7):3 |
| Fire guides damp fears of another FSO delay. | The DCLG has published 7 of the 11 fire safety guides to help employers comply with the delayed Regulatory Reform (Fire Safety) Order 2005 due into force in England and Wales in Oct. | Health and Safety at Work 2006 28(7):3 |
| Unsecured stillages cost uPVC group £93,000. | Status Systems fined £80,000 + £13,000 costs. Order picker injured by stillages which fell after being struck by FLT whilst negotiating congested yard. Company safety video on hazard. Poor pedestrian vehicle segregation. | Health and Safety at Work 2006 28(7):5 |
| Oil accidents. | Oil exploration industry’s fatal accident rate in 2005 was 33% lower that 2004, with 84 deaths compared to 120. | Int Assoc of Oil & Gas Producers Internet: www.ogp.org.uk Health and Safety at Work 2006 28(7):6 |
| Fatigue fatality. | Produce Connect fined £30,000. Worker killed in car crash driving home after 4 consecutive 19 hour shifts at the potato distribution company. Prosecution believed to be first of its kind, the company pleaded guilty to breaching H&S legislation even though the accident occurred after work. | Health and Safety at Work 2006 28(7):8 |
| Romec and Royal Mail fined £250,000. | Royal Mail fined £150,000 and Romec fined £100,000. Romec manager killed falling 9m through a fragile glass skylight whilst inspecting work. No barriers or signs. Poor RA. | Health and Safety at Work 2006 28(7):8 |
| RoHS Regs in force, leaving a WEEE problem. | The Restriction of the Use of Certain Hazardous Subs in Electrical and Electronic Equipment Regs 2005 came into force on 1/7/06 but there is no implementation date for the Waste Electrical and Electronic Equip Dir. | Internet: www.opsi.gov.uk/si/si2005/20052748.htm Health and Safety at Work 2006 28(7):8 |
| Stress: LMHT’s means of support. | Stress risk audits and cutting sickness absence by a percentage point at Leeds Mental Health Teaching NHS Trust. (S Bean) | Health and Safety at Work 2006 28(7):12-13 |
| See the light. | Advice on protection from optical radiation, with the Electromagnetic Fields Directive due into UK law by April 2008. (C Brown) | Health and Safety at Work 2006 28(7):14-15 |
| A state of readiness. | TRW are an auto parts manufacturer which has recently issued a pandemic preparedness plan, covering 63,000 employees at 200 facilities in 25 countries. (S Silcox) | Health and Safety at Work 2006 28(7):16,18 |
| Site specifics: confined spaces. | Safe working in confined spaces – identifying available guidance on the web. (B Leathley) | Health and Safety at Work 2006 28(7):21-22 |
| The ergonomic trap. | The importance of matching workstation equipment to individual needs. (D Abbott) | Health and Safety at Work 2006 28(7):25-26 |
| Getting engaged. | The changing rules on employee involvement - for students of the NEBOSH Natl Cert. (L Bamber) | Health and Safety at Work 2006 28(7):28-29 |
| Chemical explosion at Billingham. | The HSE/EA have started an investigation at Terra Nitrogen UK’s chemical plant into explosion and fire on 1/6/06 which involved mixed gases, including hydrogen, nitrogen and ammonia. | RoSPA Safety Express 2006 (July/Aug):2 |
| Government to act on mesothelioma claims. | The Government is to change the Compensation Bill in view of recent House of Lords ruling that reduced compensation payments made to mesothelioma sufferers and their families. | RoSPA Safety Express 2006 (July/Aug):3 |
| Passport to safety. | Safety passport schemes – how they work to help reduce accidents. | RoSPA Safety Express 2006 (July/Aug):5 |
| Nursery owner fined over death of baby boy. | Ms D Wilson fined £12,500. 7m old died after his head became wedged between hood and seat of carrying chair. Left unattended for 20 mins. Unqualified 19 yr old left in charge. Poor RA. | RoSPA Safety Express 2006 (July/Aug):7 |
| HSE to get free and easy with their publications. | The HSE has decided ‘in principle’ to make most priced publications available free online from early 2007. The accident book and H&S law poster will remain as priced publications. | RoSPA Safety Express 2006 (July/Aug):9 |
| Ride safely. | A free leaflet for motor cyclists, explaining how to avoid the 5 most common types of motor cycle crash. | MS 274 RoSPA Internet: www.rospa.com/roadsafety/ridesafe RoSPA Safety Express 2006 (July/Aug):9 |
| Radon gas hazards online. | The TUC’s online guide, for safety reps, to the hazards of radon gas which occurs naturally in some parts of the UK. | Internet: www.tuc.org.uk/h_and_s/tuc-11695-f0.cfm RoSPA Safety Express 2006 (July/Aug):9 |
| Out of patients. | Interview with a hospital psychiatric nurse, victim of the increasing abuse of NHS workers. (N Cook) | RoSPA Safety Express 2006 (July/Aug):10-11 |
| Skin cancer in men up by a third. | The ‘Sunsmart’ campaign 2006 focuses on men and outdoor workers, for the number of men who have died from melanoma has increased 31% in 10 years. | Internet: www.sunsmart.org.uk RoSPA Safety Express 2006 (July/Aug):12 |
| Computer use linked to deep vein thrombosis. | A thrombosis charity has warned that office workers risk developing deep vein thrombosis if they sit at computers for long periods without a break. A worker almost died after a 12 hr session in what is believed to be one of the UK’s first cases of e-thrombosis. | RoSPA Safety Express 2006 (July/Aug):13 |
| Survey results question difference in public/private sector sick leave. | The Survey on Workplace Absence, Sickness and ill Health (SWASH) 2005 indicates that differences in public and private sector sickness absence rates are small. | HSE Press Release E073:06 7/7/06 |
| HSE publishes revamped guidance to simplify risk assessments. | New straightforward plain English RA guide featuring examples which indicate what is and what is not expected. | INDG163(rev2) Internet: www.hse.gov.uk/risk HSE Press Release E073:06 7/7/06 |
| Survey highlights alcohol risks. | Recent study found 1 in 6 employees in GB have been under the influence of alcohol at work in the previous 6m. | Internet: www.hse.gov.uk/alcoholdrugs RoSPA Occup Safety & Health Journal 2006 36(7):10 |
| Workplace inspections at new low. | Recent HSE figures for UK safety inspections, show a fall of 25% from 74,000 in 2002/03 to 55,000 in 2004/05. | ‘Sure, we’ll be safe…’ in ‘Hazards’ Internet: www.hazards.org RoSPA Occup Safety & Health Journal 2006 36(7):2 |
| Bid to speed up asbestos awards. | The Sec of State for Work and Pensions will work with insurers to ensure faster compensation for mesothelioma sufferers and their families. | RoSPA Occup Safety & Health Journal 2006 36(7):2 |
| RSSB publishes rail safety figures. | The ASPR 2005 shows no passenger or workforce fatalities in train accidents but 5 workers died in track side accidents, including 3 struck by trains. | Rail Safety & Standards Bd ‘Annual Safety Performance Report 2005’ RoSPA Occup Safety & Health Journal 2006 36(7):3 |
| Concerns raised over hospitals’ risk plans. | A recent research paper on the threat of terrorism to the NHS, claims hospitals are unprepared for terrorist attack and are vulnerable targets. | ‘Thinking the unthinkable: the NHS and terrorist action’ C Hancock & Prof C Johnson RoSPA Occup Safety & Health Journal 2006 36(7):9 |
| NHS ‘health check’ measures safety standards. | As part of the Healthcare Comm annual health check which replaced the star rating in England, all 570 NHS Trusts have issued a declaration on performance against the Government’s core healthcare standards. | On individual trust’s websites RoSPA Occup Safety & Health Journal 2006 36(7):10 |
| Disability ignorance means employees lose out. | New TUC report finds too few disabled people who want to work are being recruited and too many disabled workers, including those who become disabled after being injured at work, are losing jobs. | Internet: www.tuc.org.uk/extras/disabledjobs.doc RoSPA Occup Safety & Health Journal 2006 36(7):11 |
| Feeling the heat. | The best methods to assess and control the risks from heat stress in the workplace. (N Cook) | RoSPA Occup Safety & Health Journal 2006 36(7):12-17 |
| Accident investigation. | The reasons why all workplace accidents should be investigated. (J Pearce) | RoSPA Occup Safety & Health Journal 2006 36(7):20-23 |
| In the driving seat. | Commercial drivers and lowering the risks of whole body vibration during the course of their work. (A Newell) | RoSPA Occup Safety & Health Journal 2006 36(7):26-27 |
| Talking shop. | The Workers’ Safety Adviser Challenge Fund - improving worker involvement in H&S risk management. (E Gates) | RoSPA Occup Safety & Health Journal 2006 36(7):28-32 |
| Age concern. | The growing debate about H&S and the ageing workforce and legislation to outlaw age discrimination in employment and vocational training which will include all members of the workforce. (R Bibbings) | The Employment Equality (Age) Regs 2006 Internet: www.dti.gov.uk/employment/discrimination/age-discrimination/index.html RoSPA Occup Safety & Health Journal 2006 36(7):43-44 |
| Bleak future for fire engineering? | Closer co-operation between industry and academia is required to develop courses and research to maintain the number of fire engineers. | Fire Prevention 2006 406 (July):14 |
| Issues and opportunities for the future of fire engineering. | Past accomplishments and future opportunities. (Prof D Lucht) | Fire Prevention 2006 406 (July):15-16 |
| Call into question. | ‘7 July Review Comm Rept’ highlights communication problems during the emergency service response to the London bombings. (G Tomkins) | Internet: www.london.gov.uk/assembly/index.jsp Fire Prevention 2006 406 (July):19-22 |
| Innovative thinking. | New certification standard for innovative systems, elements and components for residential buildings should help house builders adopt innovative building systems. (P Bonfield) | LPS 2020 BRE Tel:01923-664100 Fire Prevention 2006 406 (July):42-44 |
| Built to last? | A critical look at LPS 2020, the standard for innovative residential building systems. (D Sibert) | Fire Prevention 2006 406 (July):45-47 |
| Commission endorses publication of the initial report of the independent board’s investigation into the explosion and fires at Buncefield oil storage deport. | The initial report of the Major Incident Investigation Board concluded it had sufficient knowledge of the Buncefield incident to allow broad conclusions about the sequence of events, but uncertainty remains about why the explosion was so violent. | HSC Press Release C014:06 13/7/06 |
| ‘Work with us to protect workers’ – Hunt. | At the 17th Hazards Conf, Lord Hunt, Min for H&S, called for greater partnership working to protect British workers. | HSE Press Release E076:06 15/7/06 |
| Brent Bravo inquiry determination: HSE statement. | The Sheriff’s determination in the Fatal Accident Inquiry into the deaths of two workers on the Brent Bravo offshore installation in 2003 has been published. | HSE Press Release E077:06 18/7/06 |
| CPS prosecution of the Office of the Commissioner of Police: Statement from the Health and Safety Executive. | After the IPPC investigation into the circumstances surrounding the death of Mr Jean Charles de Menezes, the CPS has made it known that it intends to prosecute the Office of the Comm of Police under the HASAWA 1974. HSE took no part in the investigation and does not expect to be involved in the proceedings. | HSE Press Release E078:06 19/7/06 |
| HSC/E – merger. | Proposals for merger follow a request from the HSC to look at the structures of the two bodies. The merger would see the HSC chairman becoming the new chairman. | ‘Future governance of HSC/HSE’ HSC paper 0/06 Internet: www.hse.gov.uk/aboutus/hsc/meetings/index.htm Health & Safety Bulletin 2006 (351):8 |
| Women ‘more at risk from bullying’. | New DTI survey indicates women are significantly more likely to be bullied at work than men. Over 2 yrs, 4.9% of woman compared with 2.8% of men, had experienced bullying. | DTI ‘Fair treatment at work survey 2005’ Safety Management 2006 (July/Aug):5 |
| Buncefield prompts new guidance. | The Safety Standards Task Group has been set up to help HSE update guidance for operators of large oil and fuel storage depots, by mid-2007. | Safety Management 2006 (July/Aug):7 |
| Safety offenders to stay ‘named and shamed’. | HSE has ceased its policy that names of safety offenders be deleted from its on-line enforcement database after 5 years. They initially said that the Rehabilitation of Offenders Act applied to companies as well as individuals. | Safety Management 2006 (July/Aug):7 |
| Workplace Health Connect hit by funding shortfall. | HSE has announced that the planned expansion of the WHC pilot has ceased due to lack of funds. | Safety Management 2006 (July/Aug):8 |
| Union anger as Irish work deaths soar. | Workplace fatalities in the Republic of Ireland have increased from 50 in 2004 to 73 in 2005. | Safety Management 2006 (July/Aug):11 |
| Shaking up the penalties regime. | Interim report of the review into the UK penalties system suggests that minor breaches of regs, including safety laws, should be dealt with by administrative penalties rather than criminal prosecutions. | ‘Regulatory justice: Sanctioning in a post- Hampton world’ Internet: www.cabinetoffice.gov.uk Safety Management 2006 (July/Aug):12 |
| Boss fined after toddler accident. | Mr R Osborne (Select Feeds & Seeds) fined £10,000. 2 yr old gt-niece injured either falling from racking or struck by lift truck, whilst mother helped in the warehouse. Unsuitable place for children. Poor RA and housekeeping. | Safety Management 2006 (July/Aug):16 |
| Supermarket pays out £50,000 after driver suffers brain damage. | Lidl UK GmbH fined £50,000. Drivers injured whilst delivering goods when struck by broken safety arm on scissor lift. 2 separate incidents. Lidl aware of problem. | Safety Management 2006 (July/Aug):19 |
| Power line shock lands rail company with £100,000 fine. | Grant Rail fined £100,000. Railway maintenance worker injured coming into contact with live 25,000v cable whilst levelling ballast in a wagon. Inadequate safety briefing system not complying with Network Rail’s Gp Safety Standards. | Safety Management 2006 (July/Aug):20 |
| Government goes back to school. | The opinion of safety campaigners, business organisations and trade unions on how Government is currently handling H&S. | Safety Management 2006 (July/Aug):24-25 |
| The Link effect – a milk firm with a mission. | This leading member of the milk processing industry has cut annual accident rates by 50% and has set its sights higher. | Safety Management 2006 (July/Aug):29-32 |
| Getting in focus – eye tests for DSE users. | What the law requires. Employers provision of eye tests to staff who habitually use DSE, but there is confusion about when to offer a test and payment for spectacles. (A Taylor) | Safety Management 2006 (July/Aug):35-38 |
| Are you sitting comfortably? | Ergonomic furniture and workstations and factors to consider when selecting office seating. (P Wildsmith) | Safety Management 2006 (July/Aug):41-42 |
| Lighting up the office environment. | Best practice for lighting the office environment. (H Barnitt) | Safety Management 2006 (July/Aug):45-46 |
| Coroner reforms raise ‘grave’ workplace concerns. | TUs and campaign groups are concerned over the draft Coroner Reform Bill. The proposals would reduce jury size and make inquest juries discretionary in cases of work related deaths. | Internet: www.dca.gov.uk/legist/coroners_draft.pdf Health & Safety Bulletin 2006 (351):3 |
| HSE reveals main motivators for directors. | Business reasons and legal compliance are the main drivers of board level involvement in OS&H. HSE has made 34 case studies available. | RR450 HSE Books Tel:01787-881165 Health & Safety Bulletin 2006 (351):5 |
| Starting work. | IOSH has called for H&S to be taught in schools and checks to be carried out on employers providing work experience. During 5 years 50 under 18s have died and 13,000 injured in UK workplaces. | Internet: www.iosh.org.uk/ Health & Safety Bulletin 2006 (351):7 |
| Young workers – EU week. | The European Week for Safety and Health at Work is 23/10-27/10/06. Called ‘Safe Start’ it focuses on young workers. | Internet: www.hse.gov.uk/campaigns/euroweek/index.htm Health & Safety Bulletin 2006 (351):8 |
| LAPS goes to Coventry. | How the lead authority partnership scheme is working in the West Midlands. (L Ponting) | Health & Safety Bulletin 2006 (351):16-20 |
| The workers’ view: stoicism in the face of adversity? | ‘Workplace H&S survey 2005.’ Preliminary findings from a major survey of >10,000 workers. (H Fidderman) | Internet: www.hse.gov.uk/statistics/books.htm#whass Health & Safety Bulletin 2006 (351):21-24 |
| Company fined following injury at Wembley Stadium. | Mr I Goom t/a Aztec Screeding fined £3,000. 18 yr old injured on 4th day of work, emptying a bag of cement into a screed pump. Safety grill removed and interlock switch overridden. Poor maintenance and supervision. | HSE Press Release E079:06 21/7/06 |
| HSE guidance to help shiftworkers run like clockwork. | New guidance on the H&S risks of shift work, aimed at employers, safety reps and employees. Explains legal duties and risks associated with shiftwork and provides advice on RA, design of shift work schedules and the shift work environment. | ‘Managing shiftwork: H&S guidance’ HSE Books £9.95 Tel:01787-881165 HSE Press Release E081:06 26/7/06 |
| HSC approves revised asbestos regulations. | The new Regulations introduce a lower single control limit of 0.1 fibres per cm3 of air for work with all asbestos types and replace 3 existing sets of Regs. | HSC Press Release C015:06 27/7/06 |
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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