H&S News December 2007

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Vizor Tempered Glass fined a total of £50,000 and costs of £11,171.  Ricky Waters suffered horrific injuries when he fell into a skip of broken glass and another pane of glass fell on top of him.

Directors must become actively involved in H&S management, according to new guidance developed by a steering group representing board members and occup specialists.

BP Products North America Inc has entered into a $50m (£25m) plea agreement with the US Department of Justice relating to the Texas City refinery explosion which killed 15 workers and injured 170 in March 2005.

The Government issued a "call for evidence" in October to support the first ever review of the health of the working-age population being led by Carol Black, the UK's national director for health and work.

Yet another private member's bill to increase the maximum fine for health and safety offences has failed owing to lack of Parliamentary time.

The TUC has produced guidance for safety reps on dealing with bullying in the workplace.  The guidance includes a survey form which they hope will help in disclosing the extent of the problem.

Most UK firms see H&S as important, according to research carried out by the Institute for Employment Studies and the Work Foundation.

Prime Life Ltd fined £100,000 and £49,000 costs.  Although they did have a rolling programme to fit thermostatic control valves, the company failed to fit them at Brockshill, one of its care homes, and a resident died.

The HSE has added eight new case studies to its REACH website.

HSE is using its "Myth of the month" series to tackle an alleged excessive use of red tape in Christmas decorations.

The HSE has updated its advice to organisations seeking specialist advice on H&S, and to providers of such assistance.  The leaflets replace INDG322.

"At least" 10 directors have been disqualified for H&S reasons in almost 20 years according to HSE-commissioned research from the Uni of Warwick.

HSE has produced guidance on the H,S&W responsibilities of employers of overseas workers in agriculture and food processing.

HSE has published a progress report on Workplace Health Connect from the Inst of Employment Studies covering the period Feb 06 to May 07.

HSE used Stress Awareness Day on 7 November to remind employers of new statistics showing that the number of workers seeking medical advice for work-related stress increased by 100,000 to 530,000 in 2005/06.

HSE has updated its "pocket card" advice on personal hygiene and protective clothing in the recycling/waste management industry.

Non-fatal injuries are the only ray of hope in an otherwise depressing 2006/07 for work-related accidents and ill health.  (Howard Fidderman)

The dispute between the HSE and academics over the true extent of work-related cancer.  (Becky Allen)

New guidance on directors may be as good as it gets in the absence of statutory duties.  (Howard Fidderman)

Speaking at the UKAS think tank event, HSC Chair, Judith Hackitt, reminded employers that when it comes to the protection of their employees, the size of the organisation/business must not matter.

HSE has published the results of its consultation that will shape its future policy on the advice given to Local Planning Authorities when they consider planning applications close to large scale petrol storage facilities.

HSE and LAs from across Wales were looking for a reduction on the 36 million working days lost last year as they set their priorities for joint working at a conference in Llandrindod Wells on 4 Dec.

HSE, in conjunction with the Coventry and Warks Safety Group and LAs, is holding two seminars on workplace transport in the Ricoh Arena, Coventry on 5 and 13 December.  They are being held in an effort to reduce the number of accidents involving forklift trucks, cranes, vans and lorries.

MU Football Club is lending its support to the HSE's Workplace Transport Campaign 2007 that aims to increase the standards and awareness of risks involved in falling from vehicles.  The club is the venue for the morning event on 11 December with the welcome given by the club's H&S manager.

HSE is now calling for help from people for its research into levels of cancer in workers at National Semiconductor (UK) Ltd.  Together with the IoM, they are carrying out further studies after initial research raised concerns about the level of lung, breast and stomach cancer in women and brain cancer in men.

Fined £1,000 under CHSWR 1996.  IP involved in rope access maintenance work.  Safety device on his single line appeared not to function.

Fined total of £6,250 under GSIUR 1998 and HASAWA 1974 s3.  Chimney/gas flue blockage, another engineer believed it could have killed the occupier.

Fined £8,000 under HASAWA 1974 s2.  Fall from height.

Fined £100,000 under HASAWA 1974 s2.  Case did result from the investigation of a fatality.

Fined £65,000 under HASAWA 1974 s2.  Case did result from the investigation of a fatality.

Fined £40,000 under HASAWA 1974 s2.  Employee crushed by falling masonry following collapse of property being refurbished.  Failure to provide and maintain a system of work that was safe and without risk to employees.

Fined total of £9,000 under COSHH 2002 (as amended).    Employee received severe chemical burns whilst clearing up spillage of concentrated caustic soda.  Failure to provide suitable PPE and emergency procedures for dealing with spills of substances hazardous to health.

Fined £7,000 under HASAWA 1974 s2.  Employee sustained serious injuries when the ladder he was using snapped.  The ladder was corroded and there was no effective system in place to ensure that ladders were inspected before use and replaced when defective.

Fined total of £6,500 under WHR 2005.  IP injured as a result of being knocked from his stepladders by an air-heater unit which he had detached from its holding brackets.

Fined total of £30,000 under HASAWA 1974 s2.  Accident to Nicolai Danu-Puiu which happened when he was struck by a 20 ton loading shovel.

Fined total of £7,000 under MHSWR 1999 and WHR 2005.  IP was removing a top flue pipe whilst up a ladder that was being held at the bottom by a colleague.  The IP told the colleague to move clear and the ladder slid backwards and crashed down with the IP still on it.  Subsequently found to have a fractured knee and leg.

Fined £13,000 under HASAWA 1974 s2.

Fined £12,500 under HASAWA 1974 s3.  Prosecution of proprietor of school following death of a child who fell on out of bounds steps whilst being effectively unsupervised.

Fined £8,000 under HASAWA 1974 s3.  Contractor injured whilst dismantling scaffolding near large fans.

Fined £15,000 under HASAWA 1974 s3.  Delivery driver severely injured.  Lack of safe system of work for loading a contractor's lorry and lack of organisation by Kamns management.

A look at some recent prosecutions following workplace fatalities and highlighting some topical legal developments, including criminal liability of directors.  (Edward Hodson)

Despite the increase in workplace fatalities and a 20% increase in days lost to injury and illness last year, it now looks likely that HSE will have to make even more staff cuts following the announcement by the Government of a reduction in its budget.

According to the main findings of two significant reports issued around the launch of the HSE/IoD guidance for company directors, company directors are 300 times more likely to be disqualified by a court from acting as a director for financial reasons than for breaching H&S rules.  It was also found that fewer than half of companies in the UK have a director for H&S at board level.

Companies that fail to make adequate checks on vehicles and drivers could end up in the dock as part of a concerted effort to reduce the 1,000 fatal crashes a year involving work vehicles.

Hospitality workers' exposure to second-hand smoke has dropped by 95% since the smoking ban was introduced in England, according to researchers from the Tobacco Control Collaborating Centre in Warwick.

Small businesses have expressed concerns that the proposed merger between the HSC and HSE will not mean the new body is any more accountable, or that its rulings can be challenged any more easily.

According to BSI British Standard's Business Barometer, UK businesses are increasingly prepared for disruption or disaster with, among other things, 81% of companies expecting to last up to one week before feeling serious detrimental effects following disruption or disaster.

Birmingham insulation materials distribution company FGF fined £40,000 and costs of £10,480.  A warehouse worker suffered spinal injures and was left dependant on a wheelchair after a pallet fell on to him during stock picking.  RAs inadequate, individuals with H&S responsibilities insufficiently trained or competent, and the company had failed to heed earlier warnings about the inadequacy of its H&S arrangements.

Ravenclaw Investments and Boss Management each fined £20,000 for each of two offences under HASAWA 1974, plus costs of £8,156.  Following a survey by a prospective purchaser, Hastings Borough Council started an investigation into the pier owing to concerns about its structural disrepair.  Improvement Notices were issued on both companies but were not complied with.  The pier was closed amid fears it might collapse.  The Judge said that the companies had failed "completely and lamentably" to meet their responsibilities.

Minelco Specialities fined £5,000 and costs of £2,484.    An employee sustained severe injuries when he fell onto a moving conveyor belt.  Employees were in the habit of going into the pit area to shovel spilt material from the pit onto the conveyor, climbing over the belt while it was still running to access the other side.

Archer Structures fined £12,000 and costs of £2,282.  Philip Turner climbed up and stood on a one metre high stack of steel sections in order to reach a section that was to be loaded.  The stack collapsed as he leant forward, trapping him under the pile injuring both legs.

In addition to a well-drafted "well-being" policy, an employer should always be alert to signs of stress among employees and be quick to act.  (Kevin Bridges)

An overview of some of the resources the HSE has available to help SMEs ensure they are compliant and not confused.  (Zoe Woodrow)

The modern trend towards risk aversion and the fear of litigation are threatening the development of our children.  How a generous dose of well-managed risk and adventure can benefit everyone, and a look at the damaging effects of the standardisation process.  (Jerome Mayhew)

How H&S in broadcasting means working with different parties to avoid ending up in the goldfish bowl of public scrutiny.  (Stephen Gregory)

A slip or trip incident is no laughing matter when it results in serious injury to the victim and a day in court, plus attendant costs, for the duty-holder.  (Sarah Faulkner)

How a campaign in one company to reduce slips and trips among its delivery drivers saw the number of lost-time injuries due to slips and trips drop by more than 60%.  (Barry Flitton)

ABF Grain Products Ltd fined £19,500 and TNT Logistics fined £14,000.  Graham Meldrum, an agency driver hired by TNT through a temp agency, was killed when he was hit by a faulty tail lift as he unloaded his lorry at the former Allied Bakery plant in Maryhill, Glasgow.  ABF's offences related to the company's failure to provide proper training and its failure to ensure work equipment was in good working order.  TNT had only given Mr Meldrum 90 minutes driver training in a truck which had different mechanisms from the one he was told to drive.

The Chief Fire Officers' Assoc has called for an immediate review of building regs following the deaths of four fire-fighters at a warehouse in Atherstone-on-Stour, Warwickshire last month.  The vegetable packing plant owned by Wealmoor Atherstone Ltd had no working sprinkler system.

New research commissioned by IOSH into the H&S performance of British businesses links investment in safety professionals with cuts in accident rates.  The study found that, on average, the more qualified the line manager was in an organisation, the less the accident rate.

A new guide to help ensure schools are safer and better protected than ever before has been published on the Teachernet website.

A report into the potential health impact and levels of asbestos exposures from large scale fires says that all LAs should make sure they have a distinct policy in place for dealing with fires containing asbestos materials.

As part of its campaign to reduce the number of musculoskeletal injuries suffered by construction workers, HSE will be holding a special forum in early 2008 to identify a 'range of practicable interventions to reduce the risk of musculoskeletal disorders in block laying'.

A UK-wide investigation into bullying amongst teachers and lecturers has been launched by the Teacher Support Network Group and the University of Glamorgan.  The aim is to understand what is considered to be bullying behaviour, its effects on others and how teachers and lecturers subjected to bullying or harassment in the workplace can be better supported.

Issues addressed in the latest guidance from the International Council for Mining and Metals included how the mining and metals industry could prove that metals and inorganic metal compounds can be produced and used safely.

Latest figures indicate 45 workers died as a result of a fall from height in 2006/7, an all-time low, not a one off, but part of an improving trend with deaths almost halved since 1996.  But nobody regards these figures as acceptable, falls from heights still account for 19% of all work related deaths.  (Nick Cook)

Managing occup road risk has become the number one safety priority in most large organisations, but there are still countless workers whose safety is at risk because their employers have not got to grips with this vital issue.  What further steps should and could be taken to embed management of occup road risk in these businesses.  (Roger Bibbings)

Lea Fields sentenced to 200 hours community service and costs of £500 under HASAWA 1974 s33 and GSIUR 1998.  She ignored an Improvement Notice requiring her to carry out safety checks of the gas appliances and flues within a rental property, despite receiving warnings of the possible consequences if she failed to comply.  HSE has warned landlords that [they] are required by law to have their tenants' gas appliances and flues maintained and annual safety checks carried out by a CORGI registered gas installer.

Maghull Construction Company Ltd fined £3,000 and £1,908 costs under WHR 2005.  After a complaint from a member of the public, an HSE Inspector found unsafe work at height including inadequate edge protection and missing guardrails and toe boards.  A Prohibition Notice was served but on a further site visit a few weeks later, similar problems were found and a further Prohibition Notice was served.

Cheshire and Wirral Partnership NHS Foundation Trust is taking pro-active measures to address the dramatic increase in the number of workers suffering from work-related stress across GB.  They have adopted and embedded the 'Stress Management Standards' in their management culture and have seen a significant reduction in stress related absence.

Following a joint investigation by HSE and Kent CC's Trading Standards, Mr Tommy Smith is to be prosecuted.  He is accused of targeting the elderly and vulnerable in the Thanet area of Kent, and as a result of his work, putting them at risk of carbon monoxide poisoning.  If found guilty he could be fined a maximum of £11,000.

HSE ran two half day seminars on 12 December to emphasise the vital role that clients can play in reducing construction accidents and ill heath.  It allowed construction clients from both the public and private sectors to develop an understanding of CDM 2007

Fined £1,500 under HASAWA 1974 s7.  CORGI registered engineer who failed to check a water boiler in the course of carrying out a Landlord's Gas Safety Inspection.  The boiler subsequently failed catastrophically resulting in carbon monoxide fumes which affected 14 members of 2 families.

Fined £800 under HASAWA 1974 s7.  Defendant gave no reasonable care to the safety of another employee.

Fined £5,000 under HASAWA 1974 s2.  IP injured when MEWP overturned and fell injuring her foot and head.

Fined total of £625 under ELCIR 1969.  Failure to produce Employers Liability Insurance, and to attend a PACE interview when arranged.

Fined total of £12,000 under CAR 2006.

Fined £2,500 under GSIUR 1998.  Non-registered gas installer, installed a Keston gas boiler.

Fined £9,000 under HASAWA 1974 s2.  Failure to ensure, SFARP, the H&S of their employees working on the roof.

Fined £3,000 under HASAWA 1974 s2.  IP was removing mini pots from beneath the rotating table of the machine while it was in motion through a door where an interlock had been defeated.

Fined £5,000 under HASAWA 1974 s2.  IP severely injured when using a radial arm drill without a guard or trip and braking device.

Fined total of £1,000 under WHR 2005.  Three persons working on roof, no edge protection, large items being thrown into skip in road below, skip not fenced off and persons not connected with construction work walking along road where work was taking place.

Fined total of £1,000 under WHR 2005.  Three persons working on roof, no edge protection, large items being thrown into skip in road below, skip not fenced off and persons not connected with construction work walking along road where work was taking place.

Fined total of £1,500 under WHR 2005.  IP fell from height of roughly 9 feet whilst repairing roof fascia on outbuilding.  Insufficient planning as to how job was to be completed safely.  No ladder safeguards.

A developer and contractor fined total of £110,000 and costs of £154,000 for poor work practices which left Pawel Szczotka permanently disabled.

Companies found guilty of offences under the Corporate Manslaughter Act 2007 should be fined up to 10% of their annual turnover, according to draft guideline proposals from the Sentencing Advisory Panel (SAP).  The highest fine yet recorded in the UK for H&S offences is £15 million, representing under 1% of the company, Transco's, annual turnover.

The draft Regulators' Compliance Code, which had been dubbed a 'corporate criminals' charter' has been amended.  Previously, it contained a number of clauses which implied that HSE would only be able to investigate companies which had 'deliberately or persistently breached the law'.  The amendment makes it clear that HSE's current enforcement powers will not be curtailed.

The HSE has updated its website on the new REACH regime, the site now includes a diary of free workshops.

An explanation of the meaning of the new guidance on directors' responsibilities for H&S.  (Geraint Day)

Shearfab Ltd fined £35,000 and costs of £5,000.  Andrew Carter, manager, fined £2,000 and costs of £1,000.  Lee Alexander was crushed to death when he and his manager, Andrew Carter, were unsafely using a fork lift to line up cabinets in order to bolt them together.

Drug and alcohol misuse at work can have serious consequences for safety, yet many employers do not have a policy on the issue - advice on how to solve the problem.  (Martyn Anthony)

Two million UK workers are worried about their skin being damaged by exposure to chemicals - tips on preventing skin disease from exposure to chemicals and wet work.  (Bob Rajan-Sithamparanadarajah and Diane Llewellyn)

If one of your staff develops a skin problem, it should be thoroughly investigated to see if it has been caused or aggravated by their work - how to go about the process.  (Chris Packham)

The Assoc for Specialist Fire Protection has updated its guide, Fire Resisting Non Load Bearing Partitions, also know as the Purple Book.  It covers fire resistance of partitions, individual rather than interfaced, with regards to their design, construction and maintenance.

A new fire prevention partnership between Herts Fire and Rescue Service and Home Safety and Security Service aims to improve residential safety in the county.

Claudio Priori fined £1,000 for each of seven offences, £500 for one other and costs of £3,784 under Regulatory Reform (Fire Safety) Order.  Failure to complete a fire RA, failure to maintain fire safety features of hotel and failure to provide adequate fire safety training to employees.

Buncefield's Major Incident Investigation Board has recommended a joint industry project to gain a better understanding of explosion mechanisms.  (Dougal Drysdale)

The newly-updated schools guidance, BB100, makes it clear that most new and refurbished schools should feature sprinklers.  (Helen Argyros-Farrell)

The British Standard for fire safety in shopping centres is proving useful for approving modern retail schemes in Eastern Europe.  (Simon Lay and Jason Oldham)

Hot work processes at retail premises pose a serious fire threat unless effective safeguards are in place.  (Sue Tyley)

The typical fire risks in retail premises and how to deal with them are outlined in a new FPA guide.  (Glenn Tomkins)

In the wake of a tragic hotel fire in Blackpool, a look at the approach of Lancs F&R Service to enforcing fire safety in hotels.

Installing fire performance cables was essential for the life safety systems in London's Royal Festival Hall.  (Richard Stott)

The parameters that must be analysed by detection devices to combat false alarms.  (Ulrich Oppelt)

Where false alarm reduction sits in our list of priorities as fire professionals.  (Rowland Davies)

False alarm immunity has been the key driver behind the emergence of multi-criteria fire detection.  (Rick Love)

FKI Ligistex Ltd fined £20,000 and costs of £16,496 under WHR 2005.  Travhydro s.a. fined £60,000 and costs of £21,406 under HASAWA 1974 s3.  Sebastien Marquet, a French agency worker employed by Travhydro, was installing and fixing floor panels on a mezzanine floor when he stepped on an unsecured panel and fell 6m.  He broke his jaw and left arm and hand and now has difficulty doing any manual work.  Travhydro were sub-contracted by FKI Logistex.

Jurassic Coast Divers fined £6,000 and costs of £6,200 under HASAWA 1974 and DWR 1997.  The HSE investigation which led to the prosecution, started after an incident involving the loss of a diver, Thomas Young, during the course of a recreational training dive at a wreck site.  The HSE found that breathing systems used by the company were assembled incorrectly and put divers' lives at risk.

Steven Harry Brian Martin, director of S M Coldstores Ltd, was ordered to pay compensation of £21,000 to the widow and child of Nathan Savage.  Mr Savage died after falling from a significant height during overnight work to install a temporary mall to protect the public from construction work.

Sandor Alexander fined £1,250 and costs of £4,651.  He ignored repeated warnings that he was ignoring gas safety duties towards his tenants, thus putting them in danger.  Failure to carry out an annual safety check of a gas flue at a property he owned, and subsequent failure to comply with an Improvement Notice requiring him to carry out that safety check.

Fined total of £2,700 under HASAWA 1974 s2 and RIDDOR 1995.  Failure to report an accident and failure to maintain means of access and egress from a place of work.

Fined total of £6,000 under RIDDOR 1995 and COSHH 2002 as amended.  A stonemason diagnosed with an acute case of silicosis.  The IP had worked for the company for 9 years, predominately working with hand held rotary tools, including grinders, mostly on sandstone.

Fined total of £10,000 under HASAWA 1974 s8 and s17.  Failure to provide suitable and sufficient lighting on the ramp and stockpile in contravention of a requirement under WHSWR 1992.  Failure to ensure a suitable traffic route to and from the top of the stockpile, also in contravention of a requirement under WHSWR 1992.

Fined total of £5,000 under CAWR 2002.

Imprisoned under Manslaughter Act and HASAWA s37.  Untrained, unsupervised, unprotected employee fell approx 20 feet to his death through a fragile rooflight whilst carrying out roof repairs.

Fined £120,000 under HASAWA s2.  Lorry driver trying to help free a worktop on the back of a lorry fell approx 2 metres onto concrete yard and was fatally injured.

Fined £17,000 under HASAWA 1974 s2.  IP was stacking clean crates when he stood on one, his leg swung back and caught in the conveyor.  No guard on in-running nip on conveyor belt.

Fined total of £260,000 under HASAWA s2 and s3.  Case resulted from the investigation of a fatality.

Fined total of £10,000 under PUWER 1998 and LOLER 1998.  Employee suffered permanent injury whilst operating an electric lifting hoist.  Failure to maintain a lifting hook and absence of inspection by a competent person led to the accident.

Fined £2,700 under PUWER 1998.  An employee sustained serious injury to an arm when he became entangled round a stried take off roller.  Failure to prevent access and a safe system of work.