Diesel engine exhaust emissions (DEEEs) and non-road mobile machinery (NRMM) – the risk to construction (and other) workers

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Recent headline news has made us all too aware of the effects of air pollution on the climate and our health, and this is contributed to significantly by emissions from combustion engines installed in non-road mobile machinery (NRMM) – used extensively in the construction industry. The Mayor of London has responded by targeting the sector with the world’s first “ultra-low emissions zone” for NRMM and – nationwide – under the Clean Air Strategy, the government will be exploring the use of environmental permitting to address the problem.

Whilst “cleaner” engines have started to become available, those powered by diesel are still the most widely used on construction sites, and inhalation of diesel engine exhaust emissions (DEEEs) can cause a number of ill health effects – both short term and long term, including – evidence suggests – an increased risk of lung cancer. According to HSE statistics, each year, around 3,000 workers in construction suffer with breathing and lung problems they believe were caused or made worse by their work. That is 0.14% of workers in the sector, compared with 0.09% of workers across all industries.

So, what should be done to prevent this risk?

The below HSE guidance “Control of diesel engine exhaust emissions in the workplace” includes control measures which can be implemented quickly and easily on a construction site and in other workplaces, e.g. switching off engines when not required, and adopting a programme of regular engine maintenance.

But a reduction in pollution can also be achieved through the use of cleaner fuels. Alternatives include low sulphur diesel (LSD), ultra low sulphur diesel (ULSD), biodiesel, blends of biodiesel with petroleum diesel and emulsified diesel. Low sulphur diesel has sulphur content of 300 – 500ppm and reduces particulate matter (PM) by 10 – 20% compared to non-road diesel fuel (which has a sulphur content or 3000 – 5000ppm).

And pollution control equipment such as diesel oxidation catalysts or diesel particulate filters can be retrofitted directly onto an engines exhaust system.

Under CDM 2015, design decisions made during the pre-construction phase of projects should also be considered, as these too have a significant influence on the health and safety of everyone affected by the work. For example, lighter buildings, often delivered by low carbon building methods (with no increase in cost), can reduce on-site excavation and heavy machinery due to the requirement for smaller foundations. An example of this is the timber structure of Dalston Works in London which weighs a fifth of its concrete equivalent. And as most the construction was off-site, there were 80% fewer site deliveries than usual.

The below guidance can be downloaded by clicking the link: http://www.hse.gov.uk/pubns/priced/hsg187.pdf and more information is available on the HSE web page: http://www.hse.gov.uk/construction/healthrisks/cancer-and-construction/diesel-engine-exhaust.htm. Alternatively, please contact us on 07896 016380 or at fiona@eljay.co.uk, and we’ll be happy to help.

Control of diesel engine exhaust emissions in the workplace

Legislation

The law requires that a suitable and sufficient assessment of the risks to health which arise from exposure to hazardous substances is made, eg DEEEs. This is covered by the Health and Safety at Work etc Act 1974 and several other regulations, in particular the Control of Substances Hazardous to Health Regulations 2002 (as amended) (COSHH) and the Management of Health and Safety at Work Regulations 1999. Having completed the assessment, there is a further duty to take the necessary steps to prevent or adequately control exposure to the hazard, and to use and maintain the relevant controls.

Risk assessment (COSHH regulation 6)

The health risk assessment will help you to assess the risks to health from exposure to hazardous substances and identify the necessary steps needed for controlling these risks. As workload, frequency of work, and work practices may change over a period, it is necessary to regularly review the assessment. In all but the simplest cases, you should record the assessment.

For DEEEs, the aim of the health risk assessment is to decide on the level of potential exposure, and then on the preventive measures or the level of control which you will need to apply. For example, if there is obvious blue or black smoke in the workplace, the controls need to be more stringent. In some circumstances, such as if there are visible exhaust emissions or complaints of irritancy, the assessment may necessitate carrying out monitoring to assess the effectiveness of the controls.

In order to carry out a suitable and sufficient risk assessment you need to ask a series of questions, find answers and then come to a conclusion. These questions include:

  • How likely is it that exposure to DEEEs will happen?
  • Who could be affected, to what extent and for how long? How many people are potentially exposed to the DEEEs? Can the exposures be avoided?
  • Have there been any ill-health complaints from potentially exposed groups? If yes, what has been done about it?
  • Is the engine being operated at full speed or left idling? What is the purpose of running at idling speed or full speed. Can it be avoided?
  • What is the state of the engine, and how many miles or hours have been completed? Can the engine efficiency be improved, and can operating times and distances be reduced? Improving the efficiency of the engine will also bring financial benefits.
  • What happens to the exhaust emissions: do they enter directly into the workplace, or are they piped away or processed through a treatment system? Could they trigger your fire detection system?
  • Is there visible smoke near the exhaust point? What is the type of smoke, ie white, black or blue? How could it be avoided? Is there a visible haze in the workplace? Can it be avoided and how?
  • What controls are in place to comply with COSHH? Are they satisfactory?
  • Are there soot deposits in the workplace; how significant are they? What can be done to avoid them? What methods are in place for regularly cleaning the workplace?
  • How many engines are running at any one time? Are they all necessary?
  • Is it necessary to use diesel engines, or can alternative power sources be used?

Prevention and control of exposure (COSHH regulation 7)

The answers to the questions in paragraph 17 will guide you in deciding on the actions necessary to prevent or control exposure to DEEEs in the workplace. The control measures you choose need to be based on: the levels of risk and exposure; the type of workplace; present work practices; cost and benefit factors. Because of the variety of workplaces where exposure may occur, the potential exposure and the level of risk will be different. For example, there may be increased exposure where fork-lift trucks are being used in a warehouse all day for moving goods, whereas in a maintenance depot the exposure may be intermittent as the vehicles enter, stay there for maintenance, and then leave.

Prevention

Health and safety legislation requires you to prevent the exposure of employees and others to substances hazardous to health. You should be able to prevent exposure to DEEEs by adopting one or a combination of options, for example:

  • changing the method of work;
  • modifying the layout of the workplace;
  • modifying the operations to eliminate exhaust emissions inside the workplace; or
  • substituting diesel fuel with a safer fuel or alternative technology where practicable, eg compressed natural gas, battery powered vehicles.

Your risk assessment should take account of any other risks posed by these alternative fuels and technologies, for example the use of alcohols may generate greater quantities of aldehydes with possible accompanying irritancy.

Control

There will be situations where it may not be reasonably practicable for you to prevent exposure to DEEEs. In these situations, you should consider the circumstances individually and take the necessary control measures to reduce exposure. These may include:

Engineering controls

  • the use of lower emission or more fuel-efficient engines where possible, eg higher engine injection pressures to reduce particulates, fitting exhaust gas recirculation systems to reduce gaseous oxide emissions;
  • the use of cleaner fuels such as low sulphur diesel fuels;
  • enclosing the exhaust tailpipe from which DEEEs are emitted, for example by using a fixed flexible hose with a tailpipe exhaust extraction system (see Figures 2 and 3);
  • using partial enclosure with local extraction ventilation (LEV) as shown in Figure 4;
  • the use of diesel exhaust gas ‘after-treatment’ systems such as catalytic converters to oxidise organic substances and gases, and catalysed and non-catalysed particulate traps to remove particulate matter;
  • using a combination of LEV and sufficient general ventilation, eg tailpipe exhausts with open doors or roof extraction;
  • using sufficient general ventilation, eg manual or mechanical roof extraction;

Practice and administrative controls

  • using processes or systems of work which will help you to reduce the generation of DEEEs, for example switching off engines when not required for a substantial period of time and adopting a programme of regular engine maintenance;
  • where practicable, reducing the number of employees directly exposed and their period of exposure, eg ensuring that office staff working adjacent to DEEE areas are not exposed, job rotation; and

Respiratory protective equipment (RPE)

  • as exposure to DEEEs is best controlled at source or by other means as described previously, RPE should only be used as a last resort. The RPE chosen should be suitable for protecting against the gaseous and particulate components. The use of nuisance dust masks as worn by cyclists are ineffective against DEEEs and, therefore, should not be used as a means of control in the workplace. Detailed information on RPE for use in the workplace can be found in the HSE guidance book HSG53 Respiratory protective equipment at work: A practical guide.

Use of control measures (COSHH regulation 8)

You should ensure that any control measures are properly used or applied. Employees should make full and proper use of any control measure or personal protective equipment provided by the employer, and report any defects to management for immediate attention.

Maintenance, examination and the testing of control measures (COSHH regulation 9)

You should ensure that all the measures provided to control exposure to DEEEs in the workplace are maintained in an effective state, and kept in efficient working order and in good repair. Where engineering controls are used, they should be thoroughly examined and tested at suitable intervals. LEV, for example, should be thoroughly examined and tested at least once every 14 months.

With the exception of disposable filtering facepiece respirators intended for single shift use, RPE should not be used unless it has had a recent thorough examination and maintenance. The interval between thorough examination and maintenance should not be more than one month.

You should keep a record of such examinations and tests of LEV and RPE for at least five years from the date on which they were made. The record should be readily available for inspection by employees or their representatives, or by enforcement authorities.

Monitoring for exposure to DEEEs in the workplace (COSHH regulation 10)

Under regulation 10 of COSHH, monitoring at the workplace may be required for the following reasons:

  • to determine if there is a failure or deterioration of the control measures which could result in an obvious health effect, eg irritancy from exposure to DEEEs;
  • to determine whether any workplace exposure limit (WEL) or any in-house working standard has been exceeded; and
  • when necessary to check the effectiveness of a control measure provided, eg particulate filter, LEV and/or general ventilation.

The health risk assessment will help you decide if it is necessary to carry out monitoring, for example, to judge the effectiveness of controls. A suitable monitoring strategy, as determined by a competent person such as an occupational hygienist, will indicate whether personal monitoring, fixed placed (static) monitoring, or both are required. It will show which site(s) require monitoring, when and how often, and which sampling and analytical methods would be appropriate.

Personal monitoring for exposure to DEEEs

You may need to carry out personal monitoring to determine the extent of inhalation exposure to DEEEs, and hence the level of risk. Personal monitoring samples should be collected in the breathing zone of the employees. Such samples should be collected where there is a significant potential for exposure during their working shift and include peak exposures, eg while repairing or testing/maintaining an engine, while driving a fork-lift truck or during lashing in ro-ro ferries.

The duration of sampling depends on the workplace situation, such as the nature of the work and the type of monitoring. However, to collect sufficient material from the workplace air and determine the time-weighted average (TWA) exposure, sampling periods will mainly be between six and eight hours. In some instances though, depending on the circumstances, short-term measurements may be all that is required to make decisions on the risk of exposure and level of control. The number of people you decide to sample at each location will depend on the nature of exposure and size of the exposed workforce, for example:

  • processes or operations where exposures are likely to occur;
  • the number, type and position of sources from which the DEEEs are released; and
  • which groups of employees are most likely to be exposed.

Fixed place monitoring

Fixed place monitoring is appropriate in those areas of the workplace where it is impractical to collect personal samples, eg outside a toll booth. Such fixed sampling is useful for determining the effectiveness of your control measures and for measuring background concentrations of DEEEs.

What substances to monitor

Levels of carbon dioxide (CO2 ) above 1000 ppm 8-hour TWA in the workplace, may indicate faulty, poorly maintained or inadequately designed control systems in particular LEV or roof extraction systems. As measurement of the CO2 level is easily carried out and because it is a useful indicator of the overall adequacy of control measures, it may be used as one of the steps in any assessment of the level of exposure to DEEEs.

Respirable dust levels may be measured to help you assess the particulate exposure if, for example, the workload is particularly heavy. However, the levels measured will include particulates from all sources and not just the DEEEs.

In situations where personal exposure to carbon monoxide (CO) may be high (such as at toll booths and in car parks where the majority of vehicles are petrol driven) measurement of CO will provide an indication about the adequacy of controls.

Irritancy

As the definite causes of irritancy are unknown, if any of your workforce complain of this health effect, it is important to look for better means of control rather than to monitor for other gaseous constituents of DEEEs.

Health surveillance (COSHH regulation 11)

Under COSHH, no formal health surveillance is required by employers of those exposed to DEEEs or related emissions. However, if employees are concerned about the short or long-term health effects of exposure to DEEEs, they should discuss the problem with management. If still not satisfied with the outcome, they should voice their concerns with their union representative if available or the works safety representative. Furthermore, if management notices that employees are suffering irritancy effects following exposure to DEEEs, it may indicate that the controls have failed and prompt action is required.

Employers must provide information on health and related matters to employees or their representatives in accordance with the Safety Representatives and Safety Committees Regulations 1977 and the Health and Safety (Consultation with Employees) Regulations 1996. Such information allows employees or their representatives to help employers develop control measures.

Information, instruction and training (COSHH regulation 12)

Adequate information, instruction and training should be given to employees on the health hazards associated with occupational exposure to DEEEs and on the proper use of control measures. This information should also be made available to employee safety representatives or other appropriate people.

The information, training and instruction should enable employees to recognise obvious deterioration in the controls used (such as poor maintenance of engines, damage to extraction equipment or ineffective general ventilation), so they can report to employers who would then take the necessary action to rectify the situation.

 

Contains public sector information licensed under the Open Government Licence v3.0.

Control of legionella (and other) bacteria in metal working fluids (MWFs)

Legionella bacteria are commonly found in water supplies at low concentrations and if conditions (eg temperature and nutrients) are right, these microorganisms will grow. Water mix metal working fluids (MWFs) are mostly water and their industrial use may produce aerosols. Inhaling an aerosol contaminated with Legionella bacteria can cause Legionnaires’ disease. HSE guidance L8 “Legionnaires’ disease. The control of legionella bacteria in water systems” recommends that the MWF storage and distribution system of lathe and machine tool coolant systems should be cleaned and disinfected every six months or more frequently if recommended by machine tool or fluid suppliers.

However, the Health and Safety Laboratory has carried out research, Survival of Legionella pneumophila in metalworking fluids, which shows there is a minimal risk of Legionella bacteria contaminating such a system, if the system is properly managed.

HSE’s guidance on managing bacterial contamination of metalworking fluids suggests a risk-based approach, based on monitoring fluid condition and bacterial contamination: http://www.hse.gov.uk/metalworking/bacterial.htm

If you can demonstrate that metalworking fluids are managed in accordance with the COSHH essentials sheet Managing sumps and bacterial contamination (http://www.hse.gov.uk/pubns/guidance/mw05.pdf) and HSE’s guidance on managing bacterial contamination in metalworking fluids an additional assessment of the risk of Legionnaires’ disease is normally unnecessary. However, further assessment and precautions will be necessary to cover any special circumstances, such as deep cleaning of sumps and machinery with jet washers, where the potential for exposure to airborne hazardous bacteria is much greater. This is due to the disturbance of microbial slime known as biofilm – where Legionella may survive. Avoid water jetting where possible, as it tends to create fine water droplets or mists.

If water jetting is necessary carry out a risk assessment, to include respiratory and other risks such as those arising from the use of high pressure and electricity, see,

More guidance on metalworking fluids can be found on the HSE web page: http://www.hse.gov.uk/metalworking/index.htm

For more information on controlling the risk of Legionnaires’ disease, see Legionella and Legionnaires’ disease: http://www.hse.gov.uk/legionnaires/index.htm, or contact us on 07896 016380 or at Fiona@eljay.co.uk, ad we’ll be happy to help

Contains public sector information licensed under the Open Government Licence v3.0.

 

COSHH advice sheets updated for woodworking industry

We hope you find our news updates useful. If you know of anyone who may benefit from reading them, please encourage them to register at the bottom-left of our news page (http://www.eljay.co.uk/news/) and we’ll email them a link each time an update is published. If in the unlikely event any difficulties are experienced whilst registering we’ll be more than happy to help and can be contacted on 07896 016380 or at Fiona@eljay.co.uk

HSE’s suite of direct advice sheets specific to the woodworking industry has been updated, and can help employers, the self-employed and franchisees comply with COSHH regulations.

The new sheets set out what to do to reduce exposure to substances such as wood dust to an adequate level, and protect workers health.

Direct advice sheets for the woodworking industry

This information will help employers, the self employed and franchisees to comply with the Control of Substances Hazardous to Health Regulations 2002 (COSHH), as amended, to control exposure to wood dusts, etc, and protect workers health.

WD0: Advice for managers: http://www.hse.gov.uk/coshh/essentials/direct-advice/woodworking.htm#advice-managers

WD1: Bandsaws: http://www.hse.gov.uk/coshh/essentials/direct-advice/woodworking.htm#bandsaws

WD2: Circular bench saws: http://www.hse.gov.uk/coshh/essentials/direct-advice/woodworking.htm#circular-bench-saws

WD3: Cross-cut saws: http://www.hse.gov.uk/coshh/essentials/direct-advice/woodworking.htm#cross-cut-saws

WD4: Vertical spindle moulders: http://www.hse.gov.uk/coshh/essentials/direct-advice/woodworking.htm#vertical-spindle-moulders

WD5: Overhead and CNC routers: http://www.hse.gov.uk/coshh/essentials/direct-advice/woodworking.htm#overhead-CNC-routers

WD7: Hand-held sanding machines: http://www.hse.gov.uk/coshh/essentials/direct-advice/woodworking.htm#hand-held-sanding-machines

WD10: Wall saw: http://www.hse.gov.uk/coshh/essentials/direct-advice/woodworking.htm#wall-saw

WD11: Surface planer: http://www.hse.gov.uk/coshh/essentials/direct-advice/woodworking.htm#surface-planer

WD12: Fixed sanding machines (narrow belt): http://www.hse.gov.uk/coshh/essentials/direct-advice/woodworking.htm#fixed-sanding-machines-narrow-belt

WD13: Fixed sanding machines (disc): http://www.hse.gov.uk/coshh/essentials/direct-advice/woodworking.htm#fixed-sanding-machines-disc

WD14: Fixed sanding machines (drum/bobbin): http://www.hse.gov.uk/coshh/essentials/direct-advice/woodworking.htm#fixed-sanding-machines-drum-bobbin

WD15: Chop saw: http://www.hse.gov.uk/coshh/essentials/direct-advice/woodworking.htm#chop-saw

WD17: Suction hose attachment for cleaning: http://www.hse.gov.uk/coshh/essentials/direct-advice/woodworking.htm#suction-hose-attachment-for-cleaning

For more advice on managing woodworking safely visit: http://www.hse.gov.uk/woodworking/index.htm#utm_source=govdelivery&utm_medium=email&utm_campaign=digest-10-apr-19&utm_term=woodworking&utm_content=coshh-advice-sheets

For more advice of control of substances hazardous to health visit: http://www.hse.gov.uk/coshh/

Or contact us on 07896 016380 or at fiona@eljay.co.uk, and we’ll be happy to help

Contains public sector information licensed under the Open Government Licence v3.0.

Check how your business can still use chemicals once the UK leaves the EU

We hope you find our news updates useful. If you know of anyone who may benefit from reading them, please encourage them to register at the bottom-left of our news page (http://www.eljay.co.uk/news/) and we’ll email them a link each time an update is published. If in the unlikely event any difficulties are experienced whilst registering we’ll be more than happy to help and can be contacted on 07896 016380 or at Fiona@eljay.co.uk

If the UK leaves the EU without a deal, and you are a company that makes, supplies or uses chemicals, there may be changes that affect your business.

Your business may need to make changes before the UK leaves the EU. Please visit Prepare for EU Exit (https://www.gov.uk/euexit) to find more detailed guidance on policy changes relevant to your sector and to sign up for updates.

Importing and exporting

Preparing for disruption to trade at the UK-EU border

  1. Get a UK Economic Operator Registration and Identification (EORI) number (https://www.gov.uk/guidance/get-a-uk-eori-number-to-trade-within-the-eu) so you can continue to import or export goods and apply for authorisations that will make customs processes easier for you.
  2. Decide if you want to hire an import-export agent, or make the declarations yourself (https://www.gov.uk/guidance/declaring-your-goods-at-customs-if-the-uk-leaves-the-eu-with-no-deal)
  3. Contact the organisation that moves your goods (for example, a haulage firm) to find out what information they need to make the declarations for your goods, or if you will need to make them yourself.

Read the guidance on simplified customs procedures for trading with the EU if we leave without a deal: https://www.gov.uk/guidance/customs-procedures-if-the-uk-leaves-the-eu-without-a-deal

Further information is provided in HMRC’s advice for businesses trading with the EU: https://www.gov.uk/government/publications/no-deal-brexit-advice-for-businesses-only-trading-with-the-eu

Preparing for changes to existing trade agreements

Check the way you currently trade with non-EU countries. When the UK leaves the EU the way you access existing favourable arrangements with these countries may change. Changes may be different for each country.

Read the guidance on changes to trading with non-EU countries that have a free trade agreement with the EU: https://www.gov.uk/government/publications/existing-trade-agreements-if-the-uk-leaves-the-eu-without-a-deal/existing-trade-agreements-if-the-uk-leaves-the-eu-without-a-deal

Preparing for changes to import tariffs

If the UK leaves the EU without a deal, the UK would implement a temporary tariff regime. This would apply for up to 12 months while a full consultation, and review on a permanent approach, is undertaken.

Under the temporary tariff regime the majority of UK imports would be tariff-free.

In certain sectors, tariffs would be maintained to support the most sensitive agricultural industries, the automotive sector, vulnerable industries exposed to unfair global competition, and to maintain the UK government’s commitment to developing countries.

Check the temporary rates of customs duty on imports after EU Exit: https://www.gov.uk/guidance/check-temporary-rates-of-customs-duty-on-imports-after-eu-exit

Regulation and standards

Chemical regulations

After the UK leaves the EU there will be changes to all chemical regulations, including EU REACH (the Registration, Evaluation, Authorisation and Restriction of Chemicals Regulation).

If the UK leaves the EU without a deal, the EU REACH regulations will be brought into UK law to create ‘UK REACH.’

Maintain your access to EU/EEA market

If the UK leaves the EU without a deal, you will need to transfer your registrations to an EU/EEA-based organisation or support your EU/EEA-based importers to become registrants. Read the guidance from the European Chemicals Agency (EHCA): https://echa.europa.eu/uk-withdrawal-from-the-eu

Maintain access to UK markets

If you are a business based in the UK with an EU REACH registration, your registration will be legally recognised in UK REACH. However, you will need to take action to validate your grandfathered registration.

You will need to:

  • open an account on REACH IT once it is established and provide initial information on your registration within 120 days of the UK leaving the EU
  • provide full technical information on your registration within 2 years of the UK leaving the EU

Further information is provided on the HSE website: http://www.hse.gov.uk/brexit/reach.htm

UK-based downstream user or distributor of an EU REACH registered substance

If you currently purchase a chemical substance directly from an EU/EEAsupplier, you must make sure any substances you purchase are covered by a valid UK REACH registration by someone within your supply chain. In order to remain compliant by registering as an ‘importer’, you must:

  • open an account on REACH IT and provide initial information on your registration within 180 days of the UK leaving the EU
  • provide full technical information on your registration within 2 years of the UK leaving the EU.

Read the guidance on regulating chemicals if the UK leaves the EU without a deal: https://www.gov.uk/government/publications/regulating-chemicals-reach-if-theres-no-brexit-deal/regulating-chemicals-reach-if-theres-no-brexit-deal and the chemical regulation guidance from HSE: http://www.hse.gov.uk/brexit/reach-guidance.htm

You might also have to take some actions if you deal with:

Energy and climate

Participating in the EU Emissions Trading Scheme (EU ETS)

If the UK leaves the EU without a deal, then the EU rules governing the EU ETS would no longer apply to the UK.

Business emissions from 1 January 2019 onwards will no longer be covered by the EU ETS, so UK businesses would no longer need to surrender allowances for these emissions at the end of each year.

However, all stationary installations currently participating in the EU ETS should continue to comply with the regulations for the monitoring, reporting and verification of greenhouse gases. These regulations will underlie the new UK Carbon Emissions Tax.

The UK Carbon Emissions Tax will be introduced on 1 April 2019 and the reporting period for stationary operators will be 1 April 2019 to 31 December 2019. The 2019 tax will be set at £16 per tonne. Subject to state aid approval, the scheme to compensate energy-intensive industries for the indirect costs of the EU ETS would remain in place to compensate for the indirect emission costs of the new Carbon Emissions Tax.

Accounts administered by the UK in the EU ETS allowance registry and Kyoto Protocol registry will be blocked from the point of the UK leaving the EU. Operators wishing to retain access to their allowances after the withdrawal date should consider opening an account in another member state’s registry for this purpose, and should consider the amount of time this is likely to take. Clean Development Mechanism project developers with a UK Letter of Authority will also need a letter of approval from a different Designated National Authority.

Until further notice, the UK government will not issue or auction any 2019 EU ETS allowances. It remains possible for allowances to be purchased through the European Energy Exchange (EEX) auction platform (http://www.eex.com/en/), and on the secondary market. Operators should consider this when planning to meet 2018 compliance obligations. To make sure your obligations will not be affected, the government brought forward the 2018 compliance year deadlines (https://www.gov.uk/government/consultations/bringing-forward-eu-emissions-trading-system-2018-compliance-deadlines-in-the-uk), published on 7 March 2018. This states that you need to report your 2018 emissions by 11 March 2019, and surrender allowances for those emissions by 15 March 2019.

Carbon Emissions Tax legislation is included in the Finance Bill 2018-19.

Read the guidance on meeting climate change requirements if the UK leaves the EU without a deal: https://www.gov.uk/government/publications/meeting-climate-change-requirements-if-theres-no-brexit-deal/meeting-climate-change-requirements-if-theres-no-brexit-deal and the Carbon Emissions Tax policy paper: https://www.gov.uk/government/publications/carbon-emmisions-tax/carbon-emmisions-tax

Your employees

Employing EU workers

If the UK leaves the EU without a deal, EU citizens who are resident in the UK before 29 March 2019 will be able to apply to the EU Settlement Scheme (https://www.gov.uk/settled-status-eu-citizens-families) to get settled or pre-settled status, which will mean they can continue to live, work and study in the UK.

The scheme will be open to applications from 30 March 2019 and EU workers must apply by 31 December 2020 if the UK leaves the EU without a deal.

You can use the EU Settlement Scheme guidance for employers (https://www.gov.uk/government/publications/eu-settlement-scheme-employer-toolkit) to give further information to your employees.

Applying for skilled-work or unskilled-work visas

If the UK leaves the EU without a deal, there will be a new process for EU citizens (https://www.gov.uk/guidance/european-temporary-leave-to-remain-in-the-uk) arriving in the UK before 31 December 2020. From 1 January 2021, a new skills-based immigration system (https://www.gov.uk/government/publications/the-uks-future-skills-based-immigration-system) will launch.

For non-EU nationals, EU Exit will not affect the application process for work visas.

Contains public sector information licensed under the Open Government Licence v3.0.

New App launched to support Construction Worker’s Mental Health

The statistics are grim, two construction workers take their own life every single working day and stress, anxiety and depression currently accounts for a fifth of all work-related illness.

A new collaboration between the Lighthouse Construction Industry Charity, construction software firm ‘COINS’ and ‘Building Mental Health’, aims to address this sensitive subject with a new ‘Construction Industry Helpline’ app. This free mental health app will provide vital information, advice and guidance on many wellbeing topics including stress, anxiety, depression, anger and suicidal thoughts.

Bill Hill, CEO of the Lighthouse Construction Industry Charity said, “The app complements our existing 24/7 Construction Industry Helpline and is aimed at construction workers and their families. We recognise that not everyone feels comfortable talking about their feelings or personal situation, so the ‘Construction Industry Helpline’ app is aimed at people who would like to find out more information about how they can perhaps help themselves or if necessary, take the next step in seeking professional help.  It is a preventative tool and provides support at the initial stages of a situation so that the problem does not reach a life critical stage.”

Although the construction industry is rising to the challenge of creating a healthier workplace, finding the right support is not always easy. The Lighthouse Club are already helping to drive significant change through a variety of mental health and wellbeing support programmes – but realise that there is still a long way to go before the culture in construction removes the stigma about talking about mental health and wellbeing. By providing a free app, which can be downloaded by anyone in the industry, they hope to combat this. The ‘Construction Industry Helpline’ app will provide information, advice and guidance about how people can relieve the long term effects of stress, anxiety or depression as well as providing access to other areas of support such as anger management, drug and alcohol dependency, debt management, legal advice, and emergency financial aid.

COINS, who have over 35 years of developing software solutions for construction companies, are also passionate about giving something back to the industry. Their CEO, Robert Brown, added, “Collaborating with the Lighthouse Construction Industry in building this important app to help support construction workers and their families has been a privilege. It is great way for COINS to give something back to the construction industry and hope that it will be a great help to both construction workers and their families when they need it the most.”

For more information and to download the free app, click on the following link: https://www.constructionindustryhelpline.com/app.html

To view HSE guidance on mental health conditions, work and the workplace, click on the following link: http://www.hse.gov.uk/stress/mental-health.htm or contact us on 07896 016380 or at fiona@eljay.co.uk, and we’ll be happy to help

 

Your garden walls: better to be safe – local authority prosecuted after wall collapses onto child

We hope you find our news updates useful. If you know of anyone who may benefit from reading them, please encourage them to register at the bottom-left of our news page (http://www.eljay.co.uk/news/) and we’ll email them a link each time an update is published. If in the unlikely event any difficulties are experienced whilst registering we’ll be more than happy to help and can be contacted on 07896 016380 or at Fiona@eljay.co.uk

Local authority prosecuted after wall collapses onto child

A local authority was sentenced last month after a brick boundary wall it part-owned collapsed and seriously injured a six-year-old girl.

Details of the Crown Court hearing reveal how, in August 2016, a wall spanning the back of two houses at a town in Essex collapsed onto the girl during a family barbecue. She was placed in an induced coma after sustaining serious and life-threatening injuries. She was in intensive care for 7 days and in hospital for 10 days in total. She has made a good recovery but still suffers some physical and emotional problems.

An investigation by the Health and Safety Executive (HSE) found the local authority failed to take any action after receiving concerns about the wall’s condition from private tenants, two years prior to the incident. Wider concerns about the poor condition of brick walls in the vicinity, including council-owned walls, were not passed to building control or the Council’s inspections teams.

The local authority failed to implement a system of intelligence-led inspection, maintenance and repair, to adequately identify and remedy the risks of collapses to boundary walls, both owned solely by the Council, or jointly with private residents.

The local authority pleaded guilty to breaching Section 3(1) of the Health and Safety at Work Act 1974 and has been fined of £133,333 and ordered to pay costs of £21,419.55.

Speaking after the case, an HSE inspector said: “This was a wholly avoidable incident which could easily have been fatal. If [the local authority] had properly recorded residents’ concerns about the state of the walls, then a suitably qualified individual could have been engaged to identify the level of risk and instigated the required remedial action. Despite the low frequency of wall collapses, they are high consequence events requiring those with the responsibility for structural safety to take proactive measures to ensure that boundary walls and other structures are safely maintained.”

Your garden walls: better to be safe

(Information on inspecting garden and boundary walls, published on 13 May 2013, by the Ministry of Housing, Communities & Local Government)

If you are an employer, or someone in control of premises, including landlords, the below information is relevant to you. Eljay Risk Management carries out Health and Safety Inspections of commercial and domestic premises, and we include checks of garden/boundary walls in our reports. Why not contact us for a no-obligation quote.

Garden walls

Garden and boundary walls should be inspected from time to time to see if any repairs are necessary, or whether a wall needs rebuilding. Such walls are amongst the most common forms of masonry to suffer collapse, and they are unfortunately one of the commonest causes of death by falling masonry. Your insurances may not cover you if the wall has been neglected.

Besides the general deterioration and ageing of a masonry wall over the years, walls may be affected by:

  • an increase in wind load or driving rain if a nearby wall is taken down
  • felling of nearby mature trees or planting of new trees close to the wall
  • changes leading to greater risk of damage from traffic
  • alterations, such as additions to the wall or removal of parts of the wall e.g. for a new gateway

Things to check

  1. Is the surface of the brickwork crumbling away?

If restricted to a few bricks this may not be serious but walls can be weakened by general crumbling across either face.

  1. Is the mortar pointing in good condition?

If the hard surface layer can be picked out from the joint, or if the mortar can easily be scraped out with, say, a door key, then this is a good indication that the wall may need repointing.

  1. Is there a tree near the wall?

As trees mature, there is a risk of the wall being damaged by the roots, and from wind-blown branches. Damaged sections may have to be re-built, perhaps with bridges incorporated to carry the wall over the roots. Removal of large trees can also lead to problems because the soil accumulates more moisture and expands.

  1. Is the wall upright?

Walls lean for a variety of causes, due for example to failure below ground caused by tree roots, a cracked drain, frost damage to the foundations or inadequate foundations. If your wall leans to an extent that could present a danger e.g. more than 30mm (half brick wall), 70mm (single brick wall) or 100mm (brick and a half wall) it is recommended that expert advice is sought. This may involve checking of the wall foundations.

  1. Is the wall thick enough for its height?

The map and table at https://www.gov.uk/guidance/your-garden-walls-better-to-be-safe give guidance on how high walls should be in different parts of the UK relative to their thickness. Seek expert advice if your wall exceeds the recommended height, or in circumstances whereby this guidance is inapplicable e.g. walls incorporating piers, or walls supporting heavy gates or retaining soil.

  1. Some climbing plants, like ivy, can damage walls if growth is unchecked.

Consider cutting them back and supporting regrowth clear of the wall.

  1. Is the top of the wall firmly attached?

Brick cappings or concrete copings may be loose or there may be horizontal cracks (frost damage) in the brickwork a few courses down. Loose or damaged masonry near the top of the wall will need to be rebuilt.

  1. Has the wall been damaged by traffic?

Minor scratch marks or scoring of the surface may obscure more significant cracks. Piers at vehicular entrances may have been dislodged by impact and be unsafe; in such cases they should be rebuilt.

  1. Are there any cracks in the wall?

Hairline cracks (0-2mm across) are common in walls and may not indicate serious problems. For wider cracks seek expert advice; some may indicate a need for partial or complete rebuilding. Seek advice on any horizontal cracks which pass right through a wall or any cracks close to piers or gates. Repointing of cracks can lead to problems. Do not repoint without establishing the cause of the cracking.

If you have any queries at all regarding the above, please don’t hesitate to contact us on 07896 016380 or at fiona@eljay.co.uk, and we’ll be happy to help.

Contains public sector information licensed under the Open Government Licence v3.0.

 

HSE SAFETY ALERT: REVISION OF STANDARDS FOR POWERED DOORS, GATES AND BARRIERS

The Health & Safety Executive have issued the following safety alert, aimed at architects/specifiers, designers, manufacturers, suppliers, and installers of powered doors, gates and barriers primarily for vehicular use, and those responsible for servicing and maintaining these products in workplaces, car parks and the common areas of shared premises, including residential:

KEY ISSUES

Publication of two newly revised European Standards on the safety of doors, gates and barriers – BS EN 12453:2017 and BS EN 12604:2017.

These new standards replace four older standards from 2000 and 2001; they represent a significant move forward. However, these standards do not completely address the risks that may be present and additional consideration should be given to the following aspects:

  • Undertaking a risk assessment covering the unique environment and type of user
  • The selection and implementation of appropriate design measures
  • Ensuring appropriate levels of force limitation (below the specified maximum)
  • Where the technology permits, ensuring that the safety function is monitored and checked before each movement; and
  • Ensuring effective measures are in place to detect any means of failure in the means of suspension for vertically moving doors. More detail is given below.

INTRODUCTION

  • British/European standards BS EN 12453:2017 concerning the safety requirements and tests for powered doors, gates and barriers primarily for vehicular use, and BS EN 12604:2017 concerning mechanical requirements and tests for the safety of both powered and non-powered versions of these products, have now been published. They are available for purchase online from BSI.
  • They replace and supersede in full the 2000/01 versions of these standards which dealt with the same products and issues; these two new standards cover what was previously dealt with in four standards (BS EN 12453, BS EN 12445, BS EN 12604 and BS EN 12605).
  • These new standards are a major step forward in helping to define the ‘state of the art’ for all products in scope, especially for the safety related parts of the control system on which these products depend for safety. They maintain the previous requirements for basic strength, stability and testing, including where force limitation is the primary means of delivering safety. The requirement on force limitation is not to exceed the existing force limits (basically 400 N for crushing and 1400 N for impact).
  • HSE’s view, however, is that there are aspects of the standards where they do not as yet fully meet the objectives of the Essential Health and Safety Requirements (EHSRs) of the European Machinery Directive 2006/42/EC. This means that compliance alone with the standards will not be enough to meet the requirements of the Supply of Machinery (Safety) Regulations 2008 (SMR08) for either new products placed on the market, or when first put into service (e.g. in situ manufacture, and powering existing gates).

BACKGROUND

  • Following two child fatalities which involved powered gates in 2010, HSE carried out a detailed examination of the suite of British/European standards then available to support the design and construction of powered doors, gates, barriers etc (see the related previous Safety Bulletins). HSE concluded that collectively the standards failed in a number of areas to adequately support the EHSRs of the Machinery Directive.
  • The Directive, which has been implemented into UK law for well over 20 years by SMR08, applies to all machinery, which includes powered doors, gates and barriers, when newly placed on the market, or when first put into service (eg when made in situ, or existing manual gates are ‘motorised’).
  • The UK launched its Formal Objectionto the standards in December 2010, as permitted by Article 10 of the Machinery Directive.
  • The European Commission considered the objection and agreed with the UK that the key standards did not entirely satisfy the EHSRs of the Machinery Directive. Its decision was confirmed and published by two Decisions which were made publicly available in 2015. Additionally, warnings were placed against the entries for EN 12635 and EN 13241-1 in the list of standards harmonised under the Machinery Directive in the official Journal of the European Union, in effect removing the ‘presumption of conformity’ that they previously gave.
  • Removing this presumption of conformity does not prevent manufacturers and installers of these products complying with the Directive/UK Regulations. Rather it means that manufacturers/installers who choose to use these standards can no longer simply rely on complying with the standards to meet all of the requirements of the Directive/UK Regulations.
  • Regulation 7(1) of SMR08 requires all machinery such as powered doors, gates and barriers to be safe. It is the duty of the person responsible for the design, construction and placing on the market/putting into service of the machinery to ensure this. Others then have the ongoing responsibility to keep the product safe through its lifetime of use, which includes ensuring non-employed persons are not endangered by the equipment (see below for link to FAQs).

ACTION REQUIRED

  • The new standards are not “harmonised”. This means that manufacturers (and installers, who often ‘put into service’ a new machine made in situ), must continue to show through a detailed technical file for each product how it has been designed and constructed to meet the safety objectives of the legislation. This must be undertaken before the CE marking is applied and the product is made available to the end user, together with comprehensive User/Maintenance Instructions, and a Declaration of Conformity, which must be made out in the name of the person responsible for the product’s conformity.
  • While these new revised standards can help define the ‘state of the art’ which must be reached, in all cases a thorough assessment of risk must be undertaken which fully considers the unique environment of use, the presence of and use by any vulnerable person, and all hazards arising from use, and foreseeable misuse, such as riding on the door or gate.
  • Design measures (to avoid risk, eg from hinge areas, collapse/falling over) and protective measures (guarding, fencing, safety edges, presence detection, etc) must be implemented during construction, taking into account the presence of any vulnerable populations such as children and those with reduced mobility or other disabilities, and any foreseeable misuse that may arise (such as playing on or near such equipment, or anyone rushing through gaps). You cannot rely on warnings alone to manage significant risks, although they may have their place in some circumstances.
  • Where force limitation is the primary means of safety, impact and crushing forces should be as low as possible (the standards give maximum levels), and verified by testing post installation.
  • Where the technology permits, the check of the safety function should take place before each movement. This is very important where vulnerable populations are at risk, as even one failure could result in serious or fatal injury from crush/entrapment.
  • Effective measures should be taken to detect any failure in the means of suspension of vertically moving doors, preferably stopping further use (unintended movement beyond 300 mm should be prevented), so that action can be taken before any catastrophic failure.
  • The existing harmonised standard BS EN 12978:2003+A1:2009 on safety devices for power operated doors and gates gives specific requirements to support the safe design of these products (Note: a revision of this standard is expected in 2019).
  • Although these standards are not intended for retrospective application, many existing powered doors, gates and barriers may not be as safe as they should be (some did not meet the previous standards or requirements for safety when originally supplied), so they can be used to support the re-assessment and any necessary upgrades to make existing products safer for continued use.
  • All readers are advised to consider the other available information and the existing Safety Bulletins published by HSE on these products (see below for links).

For more information, the safety alert can be viewed by clicking on the link: http://www.hse.gov.uk/safetybulletins/revision-standards-powered-doors.htm or contact us on 07896 016380 or at fiona@eljay.co.uk, and we’ll be happy to help

Contains public sector information published by the Health and Safety Executive and licensed under the Open Government Licence

HSE SAFETY ALERT: CHANGE IN ENFORCEMENT EXPECTATIONS FOR MILD STEEL WELDING FUME

The Health & Safety Executive have issued the following safety alert last month (February 2019), aimed at all workers, employers, self-employed, contractors’ and any others who undertake welding activities, including mild steel, in any industry:

KEY ISSUES

  • There is new scientific evidence that exposure to all welding fume, including mild steel welding fume, can cause lung cancer.
  • There is also limited evidence linked to kidney cancer.
  • There is a change in HSE enforcement expectations in relation to the control of exposure of welding fume, including that from mild steel welding.
  • All businesses undertaking welding activities should ensure effective engineering controls are provided and correctly used to control fume arising from those welding activities.
  • Where engineering controls are not adequate to control all fume exposure, adequate and suitable respiratory protective equipment (RPE) is also required to control risk from the residual fume.

INTRODUCTION

There is new scientific evidence from the International Agency for Research on Cancer that exposure to mild steel welding fume can cause lung cancer and possibly kidney cancer in humans. The Workplace Health Expert Committee has endorsed the reclassification of mild steel welding fume as a human carcinogen.

CONSEQUENCES

With immediate effect, there is a strengthening of HSE’s enforcement expectation for all welding fume, including mild steel welding; because general ventilation does not achieve the necessary control.

OUTCOME

Control of the cancer risk will require suitable engineering controls for all welding activities indoors e.g. Local Exhaust Ventilation (LEV). Extraction will also control exposure to manganese, which is present in mild steel welding fume, which can cause neurological effects similar to Parkinson’s disease.

Where LEV alone does not adequately control exposure, it should be supplemented by adequate and suitable respiratory protective equipment (RPE) to protect against the residual fume.

Appropriate RPE should be provided for welding outdoors. You should ensure welders are suitably instructed and trained in the use of these controls.

Regardless of duration, HSE will no longer accept any welding undertaken without any suitable exposure control measures in place, as there is no known level of safe exposure.

Risk assessments should reflect the change in the expected control measures.

ACTION REQUIRED

  • Make sure exposure to any welding fume released is adequately controlled using engineering controls (typically LEV).
  • Make sure suitable controls are provided for all welding activities, irrelevant of duration. This includes welding outdoors.
  • Where engineering controls alone cannot control exposure, then adequate and suitable RPE should be provided to control risk from any residual fume.
  • Make sure all engineering controls are correctly used, suitably maintained and are subject to thorough examination and test where required.
  • Make sure any RPE is subject to an RPE programme. An RPE programme encapsulates all the elements of RPE use you need to ensure that your RPE is effective in protecting the wearer.

RELEVANT LEGAL DOCUMENTS

  • Health and Safety at Work etc. Act 1974
  • Control of Substances Hazardous to Health Regulations 2002

REFERENCES

WELDING FUME – REDUCING THE RISK

The above HSE guidance can be viewed by clicking on the link: http://www.hse.gov.uk/welding/fume-welding.htm or contact us on 07896 016380 or at fiona@eljay.co.uk, and we’ll be happy to help

Contains public sector information published by the Health and Safety Executive and licensed under the Open Government Licence

 

HSE Safety Notice – Vertical lifting platforms or lifts for people with impaired mobility – potential falls from height risks to employees and members of the public from over-riding door locking safety devices

We hope you find our news updates useful. If you know of anyone who may benefit from reading them, please encourage them to register at the bottom-left of our news page (http://www.eljay.co.uk/news/) and we’ll email them a link each time an update is published. If in the unlikely event any difficulties are experienced whilst registering we’ll be more than happy to help and can be contacted on 07896 016380 or at Fiona@eljay.co.uk

HSE Safety Notice – Vertical lifting platforms or lifts for people with impaired mobility – potential falls from height risks to employees and members of the public from over-riding door locking safety devices

Key Issues

  • Potential danger from inappropriate use of emergency over-ride devices at the doors of lifting platforms intended for use by people with impaired mobility.
  • Potential for access to be gained to lift well (shaft) when lifting platform/ lift car is at different level.
  • Action required to ensure safe procedures are in place to prevent misuse of landing door unlocking keys except in an emergency situation where access to the lift well is required.

Target Audience

  • Health and social care providers
  • NHS Trusts / Boards
  • Hospitals
  • Public buildings
  • Schools
  • Care homes
  • Catering and Hospitality
  • Education
  • Entertainment and Leisure
  • Retail
  • Services
  • Transport

Introduction:

This Safety Notice is aimed at organisations with vertical lifting platforms for people with impaired mobility, or passenger lifts, installed at their premises.

The Safety Notice informs organisations of the risks from over-riding safety devices at landing doors designed to prevent access to lifting platform / lift wells or shafts.

Safety devices are designed to prevent doors from opening when the lifting platform / lift car is not at the correct position at a landing. Opening the doors when the platform / car is not at the landing presents a significant risk of falling from height.

Background:

HSE is aware of two incidents where emergency landing door keys have been used to override the safety devices designed to prevent opening of landing doors when the platform / lift car is not at the correct landing.

Vertical lifting platforms, like traditional passenger lifts, provide access between floors. Usually they only operate over two to three floors and are hydraulically, screw and nut or electrically operated.

They rely on hold to run operation and operate at slower speeds.

In both incidents the employees of organisations providing care to members of the public (non-employees) were allowed to use emergency lock release keys to open doors on upper landings during normal usage. The use of the key in this way allowed continued operation of the equipment under fault conditions. The emergency keys are intended to allow emergency access to the lifting platform in the event of people becoming trapped and should be under strict control.

As a result of inappropriate use of the emergency unlocking key during daily use of the lifting platform, access was gained to the lift well when the lifting platform was not at the same floor level.

This resulted in people accessing the open lift well and falling.

At one of the premises a resident died as a result of their injuries, and an employee was seriously injured.

Action required:

Organisations which have such vertical lifting platforms or lifts installed should review their procedures to ensure that emergency door release devices are not routinely operated during non-emergency situations. Emergency unlocking should be undertaken only in exceptional circumstances and by suitably trained and authorised people.

Safe working procedures and arrangements should be in place setting out what to do in the event of an emergency or failure. For example, how to deal with trapped people and the arrangements for repairing faults.

All lifts and lifting platforms must be inspected, serviced and maintained. Where the lift is used by work purposes, it must be thoroughly examined by a competent person. See link:  http://www.hse.gov.uk/work-equipment-machinery/passenger-lifts.htm

For more information, visit the HSE web pages http://www.hse.gov.uk/safetybulletins/liftingplatforms.htm#utm_source=govdelivery&utm_medium=email&utm_campaign=lifts-keys-23-nov&utm_content=safety-alert, http://www.hse.gov.uk/work-equipment-machinery/passenger-lifts.htm

or contact us on 07896 016380 or at fiona@eljay.co.uk, and we’ll be happy to help

Contains public sector information published by the Health and Safety Executive and licensed under the Open Government Licence

 

IOSH MANAGING SAFELY COURSE – JULY 2018 IN STOKE-ON-TRENT

Eljay Risk Management will be running the IOSH Managing Safely course in July 2018 in Stoke-on-Trent.

The 3-day Managing Safely course will be held on 2nd, 3rd and 4th July, at the Travelodge in Talke, Stoke-on-Trent; centrally and conveniently located close to major transport links.

The fee per delegate is £345 plus VAT, which includes refreshments and lunch each day as well as course books, exam papers and certificates.

IOSH Managing Safely is designed to get managers and supervisors up to speed on the practical actions they need to take to handle health and safety in their teams.

The course will give them the knowledge and tools to tackle the health and safety issues they’re responsible for. Importantly, it brings home just why health and safety is such an essential part of their job.

Learning outcomes:

  • Introducing Managing safely
  • Assessing risks
  • Controlling risks
  • Understanding your responsibilities
  • Identifying hazards
  • Investigating accidents and incidents
  • Measuring performance
  • Protecting our environment

Course assessment consists of a written examination and practical project.

To book a place please contact Fiona on 07896 016380 or at fiona@eljay.co.uk.