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.

Essential

 

Competency Criteria for Fire Risk Assessors - Posted 25th April 2012

A document has now been released witch outlines the criteria for assessing the competence of fire risk assessors. The document sets out broad criteria for fire risk assessors of “simple buildings” – where the fire risk assessor might be an employee of the occupier – and “complex buildings”, which will require higher levels of knowledge, understanding and experience on the part of the fire risk assessor.

Under the criteria most fire risk assessors would need to be able to demonstrate:

• Evidence of specialist training and experience, or
• Membership of a professional body, or
• Certification by a third party certification body.

 To satisfy the criteria they have appropriate knowledge of:

• The assessment of risk from fire
• Applicable legislation
• Appropriate guidance
• Behaviour of fire in premises
• Effects of fire on people and behaviour of people in fire situations
• Means of escape
• Fire prevention
• Fire protection
• Management of fire safety

We welcome this direction of travel regarding the competency of fire risk assessors, which should assist organisations to check that they are appointing the correct person for their premises.

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.

Essential

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 telephone advice line to end in September - Posted 7th June 2011

The HSE’s Infoline telephone service will end on 30^th September 2011 and it will move to a web based service. Enquiries from businesses and the general public will be directed to the HSE website.

In addition, from 12^th September 2011, the way in which reportable work related injuries and incidents are reported will also change. Whilst fatal and major incidents can still be reported by telephone, all other reportable incidents and injuries will move to an online system via the HSE website.

 Essential

Who is this "elf & safety" - Posted 23rd May 2011

Every week there is usually an article or news story somewhere that involves someone moaning about “elf & safety”. Sometimes it is valid, sometimes it is not.

It got me asking the question, “who is thisHealth and Safety that is constantly referred to”?

• Is it the regulatory Health and Safety at Work Act?
• Is it the insurance companies who refuse to insure an event or impose their own hard to meet regulations and fees in order to provide insurance cover?
• Is it the person who does nt really want to allow an activity or make the necessary arrangements to make it safe, so uses Health and Safety as an excuse?
• Is it an over cautious Health and Safety Advisor?

There are lots to choose from, and you may be able to add to the list.

Essential Safety

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.

Essential Safety

 

Possible Charges from Health & Safety Executive Inspectors - Posted 8th February 2011

The HSE are considering the introduction of a charge to businesses during a HSE inspection, if the business is found to be breaching their legal duties and need advice from the HSE Inspector.

Judith Hackitt, Chair of the HSE calls it a “fee for fault” principle and said “the idea being that those who are found not to be compliant with the law during an inspection should be charged for the work that HSE does following the issuing of a notice or other requirement for action to rectify the fault.”

Essential Safety

 

Health & Safety Risks of Electrically Powered Gates - Posted 28th January 2011

The Health and Safety Executive (HSE) recently issued a Safety Notice, regarding the use of electrically powered gates in areas open to the public eg, work buildings, schools etc.

The potential dangers were highlighted in two recent, separate, incidents that both led to the deaths of young children.

The HSE have given advice for those that have such gates on their premises and for those that install or modify electrically powered gates. The following link will take you to this useful information. HSE/electrical gates.

Essential Safety

 

 

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”.

Essential Safety