Dean Howells Essential Safety, Health & Safety Blog

Our Next Public Course for Fire Marshal Training is 22nd March 2012

Our Next Public Course for Fire Marshal Training is 22nd March 2012

at Corby Enterprise Centre, 9.30am-1.00pm

Only £39 plus vat

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Essential Safety and Fire have a new Facebook Page - Posted 26th January 2012

We have a new Facebook Business Page - Essential Safety and Fire.

Please take a look and possibly even "Like" us?

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Professor Löfstedt’s Health & Safety Report, Part 4 - Posted 20th January 2012

This is our final piece on  Professor Löfstedt’s report to Goverment, which covers the remaining key issues.

That HSE should review all its ACoPs.

Given that resources at the Health & Safety Executive (HSE) have been dramatically reduced recently, this seems a very tall order indeed.

Whilst some Approved Codes of Practice (ACoPs) provided by the HSE are difficult to interpret, the majority are an invaluable point of reference and interpretation of the relevant statutory requirements.

What’s more, they are currently free to download from the HSE Books website. We just hope that this review isn’t funded by making these important documents expensive to obtain.

 That HSE undertakes a programme of sector-specific consolidations to be completed by April 2015.

This recommendation could lead to the consolidation of a number of regulations relating to specific industries, such as mining or petroleum.

 That the original intention of the pre-action protocol standard disclosure list is clarified and restated.

This recommendation could have a significant effect upon the perceived “compensation culture” in the UK and the expectation of financial recompense for any loss or injury suffered.

We expect changes to the protocols for civil claims procedures to make it more likely for insurance companies to challenge claims, thus reducing the quantity and amounts of pay-outs in the future.

 Exempting from health and safety law those self-employed whose work activities pose no potential risk of harm to others.

We await with interest the Government’s interpretation of work activities which pose no potential risk of harm to others.

Apart from homeworkers, working within their own home, can we really say that the activities of the self employed have no potential to cause harm to other persons?

If they drive as part of their work, or work in premises where other persons are present, or supply goods and services to other persons, then surely there is a reasonably foreseeable risk to those persons?

 Essential

Professor Lofstedt's Health and Safety Reform, our comments continued...- Posted 4th January 2012

Out thoughts on Professor Löfstedt’s comments on Portable Appliance Testing and Working at Height recommendations in his recent report to Government:

The requirement for portable appliance testing should be further clarified by April 2012 to stop over-compliance.

At last! We have been suggesting for some time now that, as a society, we have become over-reliant on Portable Appliance Testing (PAT) when it comes to assessing the safety of portable electrical equipment.

The fact is that the majority of defects on electrical equipment can be detected by a simple visual inspection.

We welcome clarification regarding PAT, which will save most businesses time and money. 

The Work at Height Regulations 2005 and the associated guidance should be reviewed by April 2013 to ensure that they do not lead to people going beyond what is either proportionate or beyond what the legislation was originally intended to cover.

A good example of EU recommendations being “gold plated” during implementation in the UK, which have resulted in widespread mis-interpretation. (e.g ladders and stepladders being banned by some organisations).

Whilst we accept that falls from height continue to be one of the biggest causes of serious injuries and fatalities at work, we welcome a review of the Work at Height Regulations, and clarification of “reasonably practicable” in this area.

Essential

Summary of Professor Löfstedt’s Recent Report: Part 2 - Posted 12th Decembe 2011

We are continuing with our summary of the main recommendations from Professor Löfstedt’s recent report to Government entitled: “Reclaiming health and safety for all: An independent review of health and safety legislation”.  Following the report, The Government has announced plans to begin a major cut back of health and safety red tape as early as January next year. Of course, much of the detail regarding implementation of these recommendations is still to be finalised, but these are our views, based on information currently available.

The Construction (Design and Management) Regulations 2007 (CDM) and the associated ACoP evaluation should be completed by April 2012 to ensure there is a clearer expression of duties, a reduction of bureaucracy and appropriate guidance for small projects.

This recommendation appears to be based around two main issues:

1/ The seemingly endless number of safety pre-qualification schemes within the construction industry and,

2/ The perception that CDM places an unnecessary bureaucratic burden on small and medium construction sites.

We expect to see a “slimming down” of pre-qualification schemes and a reduction of the paperwork required to comply with CDM.

Essential

Lofsted Health & Safety Report Summary - Posted 5th December 2011

Professor Löfstedt’s long-awaited report to Government entitled: “Reclaiming health and safety for all: An independent review of health and safety legislation” was released last week. Following the report, The Government has announced plans to begin a major cut back of health and safety red tape as early as January next year. 

We have summarised the main recommendations from Professor Löfstedt’s report and will share these over the next few blog postings. Of course, much of the detail regarding implementation of these recommendations is still to be finalised, but these are our views, based on information currently available. 

The Health and Safety (First Aid) Regulations 1981 should be amended to remove the requirement for HSE to approve the training and qualifications of appointed first-aid personnel.

Currently, all training organisations offering first aid at work course must be approved by the HSE.

If adopted, this recommendation could open up the provision of first aid training to a much wider group, and will almost certainly reduce costs.

 The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR) and its associated guidance should be amended by the end of 2013 to provide clarity for businesses on how to comply with the requirements.

RIDDOR seems to be the perennial regulatory football at the moment, receiving a regular kicking from anyone and everyone tasked with looking into health & safety regulation.

The reality is that, without RIDDOR, we would have very little data to identify where and how accidents are occurring in the UK – And how to prevent them.

We predict clearer guidance for guidance for employers regarding exactly what is, and what is not, reportable under RIDDOR.

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British Injuries Fall But Fatalities Rise - Posted 3rd November 2011

The HSE yesterday released figures showing the ongoing trend has continued for the decrease in injuries and people being made unwell at work. However there is a rise in fatalities from 147 to 171. Construction and agriculture are the most dangerous work environments.

"The statistics published by the Health and Safety Executive (HSE) show that in Britain between April 2010 and March 2011:

• 24,726 major injuries were reported, such as amputations, fractures and burns, to employees - a rate of 99 injuries per 100,000 workers - compared with 26,268 in 2009/10.
• 90,653 other injuries serious enough to keep people off work for four or more days were reported - a rate of 363.1 injuries per 100,000 workers - down from 96,427 the previous year.
• An estimated 1.2 million people said they were suffering from an illness caused or made worse by their work, down from 1.3 million in 2009/10. Of these, 500,000 were new illnesses occurring in-year.
• 171 workers fatally injured - up from 147 the previous year."

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How to Complete Fire Safety Checks & Inspections - Posted 11th October 2011

At Essential, we are often asked to clarify the requirements for fire-related tests & inspections at commercial premises. Although some premises may contain other specialist installations & equipment not addressed below, these are the main tests and inspections that should be carried out on a periodic basis:

Daily:

• Check the fire alarm panel for faults
• Visual inspection for defects or blocked escape routes

Weekly:

• Test the fire alarm from a different Manual Call Point (Breakglass)
• Carry out sprinkler & smoke control tests
• Check the batteries in torches etc.

Monthly:

• Carry out a functional test of all emergency lighting
• Visually inspect all fire extinguishers
• Check all fire doors and fire exit doors

6-Monthly:

• Ensure that the fire alarm is serviced by a competent engineer.

Annually

• Emergency lighting should be tested for it’s full duration (normally 3 hours) by a competent engineer.
• Fire extinguishers should be serviced by a competent engineer
• The fire risk assessment should be reviewed

With the exception of the daily inspections, all of the above should be recorded in the Fire Safety Log Book, retained on the premises.

For a free Fire Safety Log Book, email: info@essentialconsult.co.uk

HSE to Recover Costs from Non Compliant Organisations - Posted 22nd Sept 2011

The HSE have announced their intention to recover costs when there has been a breach of health and safety law which requires them to make a formal intervention. Under the proposals currently out for consultation, the HSE will charge for its time at a rate of £133 per hour, plus the costs of any specialists it considers necessary – all payable within 30 days.

Clearly, the total costs of a significant breach could be considerable, particularly if the breach is associated with an incident which led to serious injury – or worse.

The estimated average costs, which could be introduced as early as April 2012, to be charged to the duty holder by the HSE are:

Inspection which results in a letter - £750

Inspection which results in an Enforcement Notice - £1,500

Investigations - £750 to £00,000s

Essential Comment:

Given the financial pressure that all government departments are under, cost recovery by the HSE was always going to be a possibility. And it may not end there. The current proposals do not include cost recovery by Local Authorities carrying out equivalent work but we would not be surprised if this were included as a result of the current consultation, or at some point in the future.

And there are also suggestions that fire and rescue authorities in England and Wales could be handed the power to demand cash for attending false fire alarms.

We have always suggested that safety and profit are not mutually exclusive, and these latest proposals only confirm that view. As the HSE (and possibly Local Authorities) moves to a less pro-active, more punitive approach, it will become even more important that organisations manage health & safety effectively.

Next Health & Safety and Fire Training courses 11th & 12th October 2011, Corby

Essential Health & Safety Skills for Managers - 11th October 2011 - One Day Course

Corby Enterprise Centre - just £89 plus vat.

Essential Fire Marshal Training - 12th October 2011 - Half Day Course

Corby Enterprise Centre - just £39 plus vat

Contact Essential on 01536 460171 or email info@essentialconsult.co.uk