Dean Howells Essential Safety, Health & Safety Blog

New Asbestos Regulations - Posted 22nd May 2012

From 6^th April the new Control of Asbestos Regulations 2012  replaced the Control of Asbestos Regulations 2006.

The new Regulations mean that more work involving asbestos will attract the requirement for medical examinations, notification and records. For many employers, the new Regulations will have very little, if any, impact upon their duties to manage asbestos.

However, for businesses in control of premises containing Asbestos Containing Materials (ACM’s), or those working with them, the main changes are:

• There will now be three categories of asbestos work:
  1. Non- Licensable Work – Work that is infrequent, low intensity, and is either short or non-continuous maintenance work involving materials in which the asbestos fibres are firmly bonded within the material (i.e. asbestos cement products)
  2. Notifiable Non-Licensable Work (NNLW) – Minor maintenance work or removal of some ACM's such as asbestos insulation board, longer periods of work involving asbestos cement, or the removal of substantially degraded asbestos cement.
  3. Licensed Work – Work which is frequent, high intensity or work where the control limit could be exceeded
• Employers carrying out NNLW will be required to notify the HSE of that work, and ensure that workers have medical examinations every three years.
• There is a planned three year transition period to 30^th April 2015 before the requirement for workers carrying out NNLW to have medical examinations, allowing employers time to put suitable arrangements in place.

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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.

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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.

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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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CSCS New Smartcards - Posted 5th April 2011

In 2010 the Construction Skills Certification Scheme (CSCS) launched new “Smartcards” for the construction industry.

The current CSCS cards, which help site managers identify their workers and qualifications, are still valid until the individual card expiry date.

The CSCS website says “ since the launch of CSCS SmartCards, the number of organisations downloading the free software from the CSCS SmartCard website to enable them to access the CSCS information on the cards electronically continues to grow.

Contractors large and small and an increasing number of training providers are purchasing SmartCard readers to enable them to read cardholders details on-line.  This means they no longer have to photocopy or scan the cards but can simply print the information from their computers or save it into a spreadsheet or database”.

 

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First Corporate Manslaughter Conviction - Posted 7th March 2011

The first corporate manslaughter conviction has resulted in a £385,000 fine, it was announced in February 2011.

The fine equates to  250% of the companies current annual turnover and is to be paid over a ten year period in equal instalments. The Managing Director of the company was originally charged with manslaughter by gross negligence, as well as a health and safety offence, but these were dropped after a successful appeal on the grounds of ill-health.

The fact that the punishment was only a fine and that no particualt director or senior management team member were held responsible means that this case does not help with clarification of how senior management and their responsisbilities will be interpreted in future coporaprate manslaughter cases.

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HSE clamp down on unsafe construction sites in the East Midlands - Posted 17th February 2011

This week the HSE announced that, starting in March construction sites across Northampton, Leicester, Lincoln and the High Peak will be visited as part of an intensive inspection initiative aimed at reducing death and injury in one of Britain's most dangerous industries.

On the unannounced visits, inspectors will consider whether

• Jobs that involve working at height have been identified and properly planned to ensure that appropriate precautions are in place
• Equipment is correctly installed / assembled, inspected and maintained and used properly
• Sites are well organised, to avoid trips and falls
• Walkways and stairs are free from obstructions
• Work areas are clear of unnecessary materials and waste

 For the full announcement and details follow the link http://www.hse.gov.uk/press/2011/coi-em-construction.htm

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First Corporate Manslaughter Case Adjourned Again - Posted 6th December 2010

The on-going story of the first case under the Corporate Manslaughter and Corporate Homicide Act 2007 continues as the trial of Cotswold Geotechnical Holdings Ltd has been adjourned again until 24^th of January 2011.

However, it has been announced that the managing director will not now face trial accused of gross negligence manslaughter and an offence under section 37 of the Health & Safety at Work Act. A judge ruled that, owing to the ill health of the  MD, the two charges against him should be permanently stayed. 

Whilst the outcome of this first case has been keenly awaited, it now seems unlikely that any meaningful guidance regarding interpretation and application of the Corporate Manslaughter and Corporate Homicide Act 2007 can be concluded yet, particularly in terms of what can be constituted as “Senior Management”.

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Building Control Professionals to Encourage Safe Practice on Constraction Sites - Posted 20th November 2010

The Building Control Alliance (BCA) and the Health & Safety Executive (HSE) have signed an agreement which it is hoped will help encourage safer working practices on smaller construction sites.

Although the agreement does not extend the powers or duties of Building Control Professionals, they will point out Matters of Evident Concern (MoEC’s) to builders and, if they feel that the response is not satisfactory, report matters to the HSE.

Both the BCA & HSE are keen to point out that this agreement does not signal a reduction of construction site visits by HSE Inspectors, but is intended to increase the scrutiny of small building sites, which so often remain unvisited by the HSE.

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Five Companies Fined a Total of £9.5m following Buncefield Disaster - Posted 7th September 2010

 

Five organizations have been fined a total of £9.5m for their part in a series of failings which led to the largest peacetime explosion in the UK.

The fire & explosion at the Buncefield Oil Storage Depot in 2005 measured 2.4 on the Richter scale and is estimated to have caused more than £1 billion worth of damage. Although 46 people were injured, incredibly, there were no fatalities, mainly due to the fact that the explosion occurred in the early hours of a Sunday morning.

The fire has also required a 5-year clean- up operation, and has left the local area with an environmental legacy for years to come.

The record fines followed the most extensive joint investigation & prosecution ever by the Health & Safety Executive and the Environment Agency.

 

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