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hastamlogo.gif (1085 bytes)H&S News - Week ending 5th March 2010

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Title Comments Publication
Trafford lorry builder fined after worker crushed. S Cartwright and Sons (Coachbuilders) Ltd fined £15,000 and costs of £18,315 under HASAWA 1974 s2. David Jones was helping to move a stack of 6.7 metre-long metal strips onto a trailer when the incident happened. The stack and lifting beam, weighing a total of 2.2 tonnes, fell onto him from the forks of an FLT. Mr Jones broke his back in 4 places, 12 ribs and a shoulder blade, punctured a lung, bruised his heart and suffered stomach injuries. The company did not do enough to protect the safety of its employees. (More...) Internet: www.hse.gov.uk/manufacturing HSE (National) Press Release HSE/NW/047Cartwright/09 5/3/10
Hillsborough files to be released. The Home Secretary has announced the creation of an independent panel, led by the Right Reverend James Jones Bishop of Liverpool, which will be responsible for overseeing the public release of documents related to the 1989 Hillsborough football disaster. Due to the volume of material relating to the disaster that must be catalogued, analysed and preserved, the panel will seek to complete its work within two years. They will consult with victims' families to ensure their views are taken into account. RoSPA Occup Safety & Health Bulletin February 2010:1
Complaints system paves way for proactive inspection. The HSE has decided to implement permanently an experimental risk-based approach to how it responds to complaints about dutyholders from workers and members of the public. The system was trialled in 2008 and introduced throughout the UK between April and September 2009. It requires that complaints are placed into one of three risk categories taking into account the seriousness of the possible injury, the number of possible casualties, and the likelihood of an occurrence. The HSE considers the scheme to have been a success, freeing up resources and inspector time to concentrate on more proactive work. The Board has now agreed that the procedure be made permanent. Health and Safety Bulletin March 2010 (386):3
Agriculture. The HSE is maintaining the pressure on farmers to pay attention to safety, launching a third phase of its farming campaign "Make the promise. Come home safe." Internet: www.hse.gov.uk/agriculture/makethepromise/index.htm Health and Safety Bulletin March 2010 (386):4
Chemicals - REACH. The European Chemical Agency's member state committee has added 15 new chemical substances to its candidate list of substances of very high concern under REACH. Internet: www.hse.gov.uk/reach Health and Safety Bulletin March 2010 (386):4
Economics - human factors. HSE-commissioned research claims that "historically, economists can be accused of having ignored behavioural issues", even though one of the most widely cited definitions of economics is a science that "studies human behaviour as a relationship between ends and scarce means which have alternative uses". Internet: www.hse.gov.uk/research/rrpdf/rr752.pdf Health and Safety Bulletin March 2010 (386):4
Enforcement - sentencing. The HSE's Chief Executive, Geoffrey Podger, told the HSE Board that he believes the HSE's response to the Sentencing Guidelines Council's consultation on a guideline for sentencing for corporate manslaughter and HASAWA offences causing death will "build on what was already a very good draft". Health and Safety Bulletin March 2010 (386):4
Human factors - ergonomics. The HSE should develop a more formal communications strategy to raise awareness and understanding of human factors and ergonomics among key decision makers in high-hazard industries. The recommendation by Greenstreet Berman is in a report for the HSE on barriers to understanding human factors in the prevention of major accidents. Internet: www.hse.gov.uk/research/rrpdf/rr758.pdf Health and Safety Bulletin March 2010 (386):5
Major hazards - COMAH 1. There were just three prosecutions in the three years to 2008 associated with activities subject to COMAH Regs 1999, as well as one formal caution, 24 PNs and 146 INs. Internet: www.hse.gov.uk/comah/ecquest2006_2008.pdf Health and Safety Bulletin March 2010 (386):5
Major hazards - COMAH 2. The COMAH Competent Authority will implement important changes in April 2010 to the way it regulates onshore major hazards. Internet: www.hse.gov.uk/comah/remodelling/index.htm Health and Safety Bulletin March 2010 (386):5
Major hazards - gasoline. Exactly four years after the Buncefield explosion, the HSE has published a new report setting out minimum standards of safety and environmental protection for UK sites storing large volumes of gasoline. Internet: www.hse.gov.uk/COMAH/buncefield/response.htm Health and Safety Bulletin March 2010 (386):5-6
Management - behaviours. HSE-commissioned research from the University of Birmingham looks at the views of 103 academics, regulators, business people (non-health and safety specialists), and health and safety professionals on safety and business management behaviours. Internet: www.hse.gov.uk/research/rrpdf/rr744.pdf Health and Safety Bulletin March 2010 (386):6
Noise - events. Noise Action Week will run from 26 - 30 April. Details of the week are available in the HSE's noise e-bulletin. Internet: www.hse.gov.uk/noise/ebulletin/index.htm Health and Safety Bulletin March 2010 (386):6
Pesticides - incidents. The HSE investigated 92 reported pesticides incidents in 2008/09, two fewer than the previous year. Inspectors issued nine enforcement notices during the period. Internet: www.hse.gov.uk/fod/pir0809.pdf Health and Safety Bulletin March 2010 (386):6
PPE - RPE. The HSE has published a research overview from the Inst of Occup Medicine of the factors influencing the use, and non-use, of RPE and on how well RPE programmes are implemented. Internet: www.hse.gov.uk/research/rrhtm/rr746.htm Health and Safety Bulletin March 2010 (386):6
Strategy - pledge. Concerns were raised at the HSE Board in January that the HSE is not sufficiently following up the 1,200 signatories to the "pledge" to support the HSE's new strategy and "be part of the solution". Internet: www.hse.gov.uk/aboutus/meetings/hseboard/2009/211009/p-oct-b09-95.pdf Health and Safety Bulletin March 2010 (386):6
Temperature - review. HSE officials will report to the HSE Board with a "timeline" for updating the advice it offers on workplace temperatures. Health and Safety Bulletin March 2010 (386):6
Transport - roads. With unsafe vehicle-loads injuring more than 1,200 people a year, the HSE has launched a new load safety campaign. Internet: www.hse.gov.uk/workplacetransport/loadsafety/index.htm Health and Safety Bulletin March 2010 (386):7
Vibration - road haulage. Daily vibration exposures from all but one road-haulage vehicle used in seven occupations tested by the HSL were below the exposure action value set by the Control of Vibration at Work Regs 2005. Back pain is particularly common in jobs that involve driving, especially over long distances or rough ground, which exposes occupants to whole-body vibration. Internet: www.hse.gov.uk/research/rrpdf/rr766.pdf Health and Safety Bulletin March 2010 (386):7
Making adjustments for people with disabilities. Safety should not be a barrier to employing people with disabilities. (Lucinda Ponting) Health and Safety Bulletin March 2010 (386):8-10
Get the right one in: choosing occupational health services. New standards for occup health services should help employers make better choices. (Howard Fidderman) Health and Safety Bulletin March 2010 (386):11-12
Pregnancy risk assessments are triggered by potential for harm. A recent appeal judgment clarifies when an employer should assess the risks for a pregnant worker. (Howard Fidderman) Health and Safety Bulletin March 2010 (386):13-16
Levels of violence at work rise. According to an analysis of the British Crime Survey by the HSE, more than 600,000 incidents of violence were carried out at work during 2008/09. The report reveals that there were an estimated 321,000 assaults and 305,000 threats against workers and that 327,000 staff experienced at least one incident of violence at work during the year. This compares to 293,000 the previous year. Safety Express March/April 2010:1
Working with arthritis. Arthritis affects many people of working age and is the chief cause of physical disability in the UK. But with the support and understanding of employers, those with the condition can continue to work. (Jane Spence) Safety Express March/April 2010:5
Compensation for loss of hearing. An engineer has received £13,500 in compensation after exposure to dangerous levels of noise at work left him deaf. Ashiq Hussain Shah worked at Federal Mogul for twenty years in a noisy environment making piston pins, until his family drew attention to his hearing difficulties. Safety Express March/April 2010:7
Damages for pleural thickening. Anthony Martin, a retired plasterer, has been awarded £45,000 in compensation after developing an asbestos-related disease. He worked for Chester College for three and a half decades and was diagnosed with pleural thickening on the lungs in November 2006. He believes he was exposed to asbestos when he helped a joiner to insulate the theatre roof without being given any protection or warned of the possible dangers to his health. Safety Express March/April 2010:7
Bad vibrations. Uncovering the history of hand-arm vibration syndrome, a disabling disorder that many workers still face today. (Nick Cook) Safety Express March/April 2010:10-11
"Rogue trader" prosecuted for gas safety crimes. Brian Lloyd, aged 57, faces 17 weeks imprisonment if he fails to mend his ways. Fined under GSIUR 1998, he was also sentenced to 150 [hours sic] community service and costs of £1,000. The case, brought by the HSE, related to work carried out at 3 homes in May and June 2009. Whilst under investigation by the Gas Safe Register, Mr Lloyd was featured on BBC One's Rogue Traders, broadcast in September 2009. He was filmed undercover carrying out gas work illegally and falsely claiming to be Gas Safe Registered. Mr Lloyd's gas competencies expired in January 2009 and he was removed from the Gas Safe Register, an approved list of certified gas engineers. HSE (National) Press Release YH/074/10 26/2/10
Illegal gas fitter fined for putting residents at risk. Stanley John Burrage, t/a JB Complete Home Services, fined £1,200 and costs of £1,200 under GSIUR 1998. Mr Burrage supplied and fitted a kitchen including a gas hob, electric oven and extractor fan without being CORGI registered (now Gas Safe Register). As part of the work, Mr Burrage fitted a cupboard around the existing gas central heating and hot water boiler and in doing so, he removed and discarded the sealed boiler casing. A routine council inspection revealed a catalogue of errors, which was presenting an immediate and serious danger to residents. HSE (National) Press Release 715/SWW/10 26/2/10
Water firm fined after man put in intensive care. Northumbrian Water Limited, who own and operate Essex and Suffolk Water, fined £17,000 and costs of £17,045.40 under HASAWA 1974 s2. Employee Robert Ayers, 38, was crushed between the loading bucket and cab of a construction vehicle. He spent 3 days in intensive care as a result. Mr Ayres was driving a Bobcat skid steer loader at a company's site when he got out to the vehicle with the engine running and as he was getting back into the driver's cab, he slipped and pressed the control to raise the vehicle's bucket. He was then trapped between the cab and the bucket, suffering crush injuries and permanent scarring. There is a device that stops the bucket being raised unless there is someone in the driving seat of the vehicle, but this was found to be faulty. Mr Ayres and other employees had also not received adequate training in the use of the vehicle. HSE (National) Press Release HSE-E-56 26/2/10
Cambridge contractor fined after worker is buried in rubble. Anthony John Melvyn Hill fined a total of £3,500 and costs of £2,000 under HASAWA 1974 s2 and CDMR 2007. In 2007, Mr Hill's employees were undertaking groundwork on a construction project. Whilst an employee was in a trench, the sides collapsed, burying him completely. He was rescued alive and suffered a broken leg and bruising. HSE (National) Press Release HSE-E-58 4/3/10
Washington firm fined £2,000 after factory worker loses finger. Tanfield Metal Spinners Limited fined £2,000 and costs of £1,056 under PUWER 1998. A worker was resetting the gear cog on the drive machinery of a metal spinning machine. The company had known for some time that the gears had been slipping out of place on a regular basis. The guard, which had been provided to prevent access to the dangerous parts of machinery, had been removed. The worker's gloved hand was drawn into the gears which resulted in the amputation of one of his fingers and serious injury to another. HSE (National) Press Release NE/075/10 1/3/10
Lesson in safety for Darlington college staff and students. Staff and students at Darlington College's state-of-the-art premises are putting safety first for the benefit of everyone on site. The college has always put safety first and is now supporting the HSE's "Shattered Lives" campaign which aims to reduce slips, trips and falls in the workplace. It has already taken steps to avoid slips and trips in its joinery, brickwork, plastering, plumbing and motor vehicle training areas and kitchen areas with risk assessments to identify areas of concern and the introduction of safety footwear in these areas. Viewing bays have been introduced in construction training areas to allow visitors to view workshops safely. HSE (National) Press Release NE/076/10 1/3/10
HSE launches crackdown on dangerous construction sites. HSE inspectors are to launch an intensive inspection initiative aimed at stopping dangerous practices on building sites across Great Britain. HSE wants to raise awareness of construction site risks and prevent unnecessary injuries and deaths. Starting on 1 March it will focus on refurbishment or roofing work. Inspectors will make unannounced visits to ensure that sites are managing work at height safely and are in good order. HSE (National) Press Release 1/3/10
Steel firm fined after worker severely injures leg. Corus UK Limited, t/a Corus Special Profiles, fined £5,000 and costs of £5,074 under HASAWA 1974 s2. David Harrison, 41 at the time, a team leader, was working on the mill floor where steel is rolled into long beams. He was attempting to clear a jam in a machine, which requires an operator activating controls above the mill floor. The operator was unable to see Mr Harrison and so instructions were relayed via a third man using a combination of hand signals and shouting. Mr Harrison was struck by moving machinery, severely injuring his right leg. HSE found relaying instructions through another person was common practice on the mill floor, as radios were not always available and the noise in the factory made them hard to use. Clearing jams in the machinery was a common operation, there was no record of a suitable and sufficient risk assessment for this activity and no recorded safe system of work in place. Whilst Corus was aware of the hazards and had implemented safe operation procedures to deal with some of the risks, it failed to install a full safe isolation system, which had been identified as necessary prior to the incident. HSE (National) Press Release NE/077/10 1/3/10
Cannock firm fined after worker's arm damaged by drill. Romtech Ltd fined a total of £40,000 and costs of £7,401 under PUWER 1998 and MHSWR 1999. An agency worker at the firm was using a radial arm drill when his right hand glove became entangled in the rotating drill bit. His right arm was caught and dragged into the drill, breaking both bones in his forearm and severely damaging his muscles. His clothing was also drawn in to the machine to such an extent that he had to be cut free by the emergency services. HSE (National) Press Release WM484/09 4/3/10
Contractor fined for failing to provide toilets for workers. Bryan Ellis Brown, a partner in Bryan Brown & Son, fined a total of £2,000 and costs of £1,215 under HASAWA 1974 s21 and s33, and CDMR 2007. Mr Brown did not provide adequate toilet and washing facilities for staff on a construction site. The toilet was not plumbed in and there was no water supplied to sinks in a cabin or adjacent toilet compartment at the construction site for a pair of cottages. Following an HSE inspection an IN was served on Mr Brown as the Principal Contractor. A subsequent site visit 2 days later found the IN had not been complied with. A site visit a month later found that although a water supply had been provided to the toilet unit, and soap and towels had been provided, still no running water was provided to the sink units in the cabin or the toilet compartment. Mr Brown subjected his employees to an unhygienic and potentially unsafe working environment. HSE (National) Press Release YH/083/10 4/3/10
Next generation of builders given advice to prevent shattered lives. Construction students from Coleg Sir Gar in Ammanford recently received valuable advice in staying alive while working at height at a safety day organised by the HSE and the South Wales Working Well Together group. Demonstrations included basic tips on erecting scaffolding, as well as the correct use of safety harnesses. HSE (National) Press Release 722/W/09 5/3/10
Inspections aim to improve safety on Hartlepool industrial estates. Hartlepool Council and the HSE have joined forces in a bid to improve H&S on local industrial estates. Local authority and HSE inspectors will be working together as they target industrial estates on the issue of H&S, raising awareness, promoting sensible management and improving standards in those businesses visited. Enforcement will be taken where standards fail to meet legal requirements. Inspections at sites throughout Hartlepool over a two-week period will start on Monday 8 March. HSE (National) Press Release NE/090/10 5/3/10
Al sectors of industry called to action on safety alerts. The HSE has revamped its Safety Bulletin system which warns industry of problems with equipment, process, procedures and substances that may lead to injury, and is now calling on industry to commit to sharing such information more effectively when sending out their own alerts. Internet: www.hse.gov.uk/safetybulletins HSE (National) Press Release 5/3/10
Up on the Forum roof - Norwich company backs national safety. A Norwich cleaning company which counts The Forum, the city's landmark Millennium building, as one of its clients, has backed a national campaign to make people aware of the potential devastating consequences of slips, trips and falls in the workplace. Hannants Cleaning Ltd is supporting the HSE 'Shattered Lives' campaign. HSE (East) Press Release 1/3/10
Zookeepers back national safety campaign. Colchester Zoo, recognised as one of Europe's top visitor attractions, is backing the 'Shattered Lives' campaign. Colchester Zoo has 250 species over 60 acres of parkland and lakes. The animal enclosures are cleaned daily and whatever activities employees are involved in, the zoo makes sure they are aware of how to carry out their work safely. The inspection and enforcement of H&S at zoos is carried out by the local authority. HSE (East) Press Release 3/3/10
Award-winning restaurant backs slips, trips and falls campaign. A restaurant director and chef who have been given the seal of approval by Gordon Ramsey have backed the HSE's call for restaurateurs to reduce the likelihood of slips, trips and falls in their kitchens. Chef Aktar Islam and his business partner Jabbar Khan are keen to show that it is not just their food and service which is subjected to outstanding attention to detail, the safety of their employees is paramount as well. That is why they have called on other restaurants across the UK to heed the HSE's warning that slip, trips and falls in the workplace could have serious repercussions. HSE (West Midlands) Press Release 4/3/10
Britain's oldest inn backs HSE's newest campaign. Ye Old Trip to Jerusalem has pledged support to the HSE 'Shattered Lives' campaign to highlight the potentially devastating consequences of slips, trips and falls in the workplace. They are so keen to back the campaign that they offered the famous Inn to the HSE inspector and the Environmental Health Officer to help launch the campaign. HSE (East Midlands) Press Release 4/3/10
Students get a healthy lesson in safety. Healthcare students got a lesson in safety when HSE inspectors set up a "ward of hazards" at the University's Clinical Skills Centre. The session was organised to coincide with the latest phase of HSE's "Shattered Lives" campaign. HSE (North East) Press Release 4/3/10
HSE uses Birmingham event to reach ethnic minority businesses. The HSE has hosted a successful H&S Awareness Day in Birmingham to make contact with hard to reach communities. The joint event with Nishkam Centre and Birmingham City Council was targeted at business in and around the Handsworth area with a view to reach migrant and vulnerable workers. More than 30 people attended to hear presentations from HSE and local authority inspectors. It was also an opportunity to introduce the community to H&S clinics taking place at the centre, which will hopefully build trust between local business and H&S awareness officers before standard visits at premises are carried out. HSE (West Midlands) Press Release 5/3/10
The National Construction College builds a firm foundation in London with new safety campaign. The National Construction College's South campus is supporting the latest phase of the HSE 'Shattered Lives' campaign to help reduce slips, trips and falls from height in the workplace. Teaching staff from the College support the campaign and take H&S very seriously. With their onsite facilities, including safe scaffolding, they make sure the next generation of construction workers are fully aware of the risks of working at height. HSE (London) Press Release 5/3/10
The true cost to Edinburgh, Dundee and Aberdeen businesses of slips, trips and falls in the workplace. According to figures from the HSE, there were 5 fatalities and 1,405 major injuries as a result of slips, trips and falls in Scottish workplaces in 2008/9 with 2,742 workers having to take more than 3 days off. This prompted HSE to re-launch its 'Shattered Lives' campaign. HSE (Scotland) Press Release 5/3/10

 

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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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