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.

 

 

HSE food manufacturing inspections target the causes of workplace ill-health

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

Companies and people working in food manufacturing are being told they must pay closer attention to how they manage workplace health risks or face serious penalties.

The Health and Safety Executive’s (HSE) programme of proactive inspections will review health and safety standards in food manufacturing businesses across the country, and the sector is being warned that a programme of unannounced inspections will begin today (2nd January).

The inspections will focus on two of the main causes of ill-health in the sector which are currently occupational asthma from exposure to flour dust in bakeries, cake and biscuit manufacturers and grain mills and musculoskeletal disorders (MSDs) – predominantly lower back pain and upper limb disorders from manual handling activities and repetitive tasks across the sector.

The inspection visits come as HSE recently released its Manufacturing sector plan which prioritises the reduction of cases of occupational lung disease and MSDs.

Exposure to flour dust is the UK’s second most common cited cause of occupational asthma. MSDs are the most common type of work-related illness in food manufacturing with handling injuries, accounting for around 20% of reported employee injuries (RIDDOR). HSE insists that such ill-health can be prevented when organisations have proper risk control systems in place.

The inspections will ensure measures are being taken by those responsible to protect workers against health risks and HSE will not hesitate to use enforcement to bring about improvements.

HSE’s head of Manufacturing Sector John Rowe, said: “The food manufacturing sector is made up of over 300,000 workers and its health and safety record needs to improve. This inspection initiative will look to ensure effective management and control of targeted health risks.

HSE is calling on anyone working in the industry to take the time to refresh their knowledge of our advice and guidance, available for free on our website.

Food manufacturing companies should do the right thing by protecting workers’ health; everyone has the right to go home healthy from work.”

COSHH and bakers – key messages

Substances hazardous to health in baking include:

  • flour dust;
  • improver dusts containing enzymes etc;
  • dusts from protein-containing ingredients such as egg, soya;
  • spices, citrus oils and flavour concentrates;
  • cleaning and disinfectant products.

Dermatitis may result from some bakery tasks, and if hands are wet many times a day or for a lot of the time.

Control measures include:

  • careful working to avoid raising clouds of dust;
  • dust extraction;
  • vacuum or wet cleaning;
  • respirator for very dusty tasks;
  • skin checks.

Example: Flour dust

Flour dust can cause asthma when breathed in.

You must reduce exposure to flour dust as far below the WEL of 10 mg/m3 as is reasonably practicable. You normally need to use health surveillance (Check employees health for any adverse effects related to work. May involve checking skin for dermatitis or asking questions about breathing and may need to done by a doctor or nurse.)

Help in finding the right controls is on the Bakers and asthma website (http://www.hse.gov.uk/asthma/bakers.htm). Control information for flour dust appears in the following information sheets available from the COSHH essentials webpage: http://www.hse.gov.uk/coshh/essentials/direct-advice/baking.htm

Employees

Your employer provides equipment to protect your health, such as:

  • dust extraction;
  • personal protective equipment (eg respirator).

You have a duty to use these properly and co-operate with any monitoring and health surveillance.

For advice on preventing and managing musculoskeletal disorders, visit the HSE web page http://www.hse.gov.uk/msd/. Alternatively, contact us about any of the above-mentioned issues, 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

 

 

Letter from Melanie Dawes to owners, landlords and managers of private residential blocks about safety checks following the Grenfell Tower fire

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

Melanie Dawes, Permanent Secretary at the Department of Communities and Local Government (DCLG), has written to owners, landlords and managers of private residential blocks about safety checks following the Grenfell Tower fire. The government is making available testing facilities for private owners of residential blocks that have cladding made of aluminium composite material, and the letter explains how to identify this cladding, and access the testing facilities.

The letter, and supporting documents, can be viewed by clicking on the following link: https://www.gov.uk/government/publications/safety-checks-on-private-residential-blocks and we have published the contents below. Queries should be directed to PRShousingchecks@communities.gsi.gov.uk, but if you require any general assistance regarding fire safety in blocks of flats, please don’t hesitate to contact us on 07896 016380 or at fiona@eljay.co.uk, and we’ll be happy to help.

Safety checks on private residential blocks

This letter is intended for owners, landlords and managers of private residential blocks in England. Representative bodies for the private residential sector have kindly agreed to disseminate this letter to their members, and we are grateful for their assistance.

Following the horrific fire at Grenfell Tower in North Kensington last week, we want to ensure you are aware of help that is available in checking your buildings.

There has been much public concern and comment about potential flaws in the cladding that was on Grenfell Tower. While the exact reasons for the speed of the spread of fire have yet to be determined, we have concluded that there are additional tests that can be undertaken with regard to the cladding. We have asked local authorities and social housing providers to identify whether any panels used in new build or refurbishment of their own housing stock are a particular type of cladding made of Aluminium Composite Material (ACM). These checks will be relevant to privately owned and managed residential buildings too, so please can you consider carrying out these checks on your buildings.

More details on how to identify this cladding are in Annex A below.  It is important to stress that ACM cladding is not of itself dangerous, but it is important that the right type is used. If you identify that cladding on any of your buildings is made of ACM, then a sample can be tested.

This testing facility is also being made available to blocks that are privately owned, and your local authority may already have been in touch to make you aware of this.  The procedures for taking up this offer of testing, which will be paid for by DCLG, are set out in the annex. We are prioritising buildings over six storeys or 18 metres high.  The offer is for the initial testing only and the cost of any remedial action will be the responsibility of the owner of the building. The information from the checks will be available to DCLG from BRE. Please contact us at PRShousingchecks@communities.gsi.gov.uk if you have any queries.

Where the entire block is not owned and managed by the same party, please ensure that only one sample is provided and that any necessary permissions are obtained for taking and sending off the sample. We would not expect individual leaseholders within a building to send off samples for testing.

As well as this work it is of course important that owners / landlords have robust fire assessments for their properties.

Thank you for your cooperation in this important work.

MELANIE DAWES

Annex A

Protocol for Sampling of Aluminium Composite Material Cladding

Identification of Aluminium Composite Material Cladding

Aluminium Composite Material (ACM) is a type of flat panel that consists of two thin aluminium sheets bonded to a non-aluminium core, typically between 3 and 7mm thick. The panels can have a painted or metallic finish (eg copper or zinc effects). It can be differentiated from solid aluminium sheet by looking at a cut edge whereby the lamination is visible. It may be necessary to cut a hole in a panel if a cut edge is not readily accessible.

On buildings with a floor over 18m above ground level, where ACM panels are identified, it is necessary to establish whether the panels are of a type that complies with the Building Regulations guidance ie the core material should be a material of limited combustibility or Class A2.

Testing of ACM

To allow for the identification of core materials, we are putting in place Government-funded testing capacity that will allow a small sample of the cladding to be tested and its type identified. If you wish to take up this offer, then you will need to submit samples for testing.

Where the surveyor undertaking assessment of a composite panel determines that it is necessary for cladding to be subjected to laboratory screening they should follow this procedure:

  1. Cut out two samples of at least 250x250mm in size from each location sampled. Take photographs as necessary to identify the location of the sample. You should take samples from above and below 18m above ground level as appropriate and check different multiple panels where you have concern that material specification varies.
  1. Using an indelible ink pen, note the building name / number, postcode and a unique identifier (i.e. name of building owner followed by unique sample number e.g. ABC/001) traceable to the specific location within the building of each sample. Add a direct dial telephone or mobile contact number to be used in the event that there are any queries on the sample.
  1. You must make good by closing the hole using a non-combustible sheet such as steel fixed with self-tapping screws or rivets.
  1. Complete the data return form attached to this letter (https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/620798/Data_Return_Form_for_testing_of_ACM_-_private_residential.xlsx) and include a hard copy of it with the sample. You should provide as much information as is readily available, but not if this will delay submission of samples for testing.
  1. Place one of the samples from each location in a padded envelope with a copy of the data return form. Clearly mark the envelope URGENT – CLADDING TEST SAMPLE.
  1. Send the test samples by recorded delivery or courier to:

BRE, Bucknalls Lane, Garston, Watford, Herts, WD25 9XX

For any testing related queries please email material.screening@bre.co.uk

  1. Retain the second sample from each location for your own records or for testing in the event that samples are lost or misplaced in transit

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

 

HSE releases annual workplace fatality figures – second lowest year on record

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

The Health and Safety Executive (HSE) has this week released its annual figures for work-related fatalities, as well as the number of people known to have died from the asbestos-related cancer, mesothelioma, in 2015.

The provisional annual data for work-related fatal accidents revealed that 137 workers were fatally injured between April 2016 and March 2017 (a rate of 0.43 per 100,000 workers), the second lowest year on record.

There has been a long-term downward trend in the number of fatal injuries to workers – they have halved over the last 20 years – although in recent years the trend shows signs of leveling.

HSE Chair Martin Temple said:

“Every fatality is a tragic event that should not happen. While we are encouraged by this improvement on the previous year, we continue unwaveringly on our mission to prevent injury, death and ill health by protecting people and reducing risks.”

The new figures show the rate of fatal injuries in several key industrial sectors:

  • 30 fatal injuries to construction workers were recorded. While this accounts for the largest share, this is the lowest number on record for the sector. However, over the last five years the number has fluctuated, The annual average for the past five years is 39. The annual average rate over the last five years in construction is around four times as high as the all industry rate.
  • 27 fatal injuries to agricultural workers were recorded. This sector continues to account for a large share of the annual fatality count. It has the highest rate of fatal injury of all the main industry sectors, around 18 times as high as the all industry rate.
  • 14 fatal injuries to waste and recycling workers were recorded. Despite being a relatively small sector in terms of employment, the annual average fatal injury rate over the last five years is around 15 times as high as the all industry rate.

The fatalities in the waste and recycling sector in 2016/17 include the single incident at Hawkeswood Metal Recycling Ltd in Birmingham on 7 July 2016 which resulted in five deaths.

Martin Temple continued:

“As we approach the one-year anniversary of this incident, our thoughts remain with the families of those who died. We continue to fully support West Midlands Police’s investigation.”

The new figures also highlight the risks to older workers – around a quarter of fatal injuries in 2016/17 were to workers aged 60 or over, even though such workers made up only around 10% of the workforce.

There were also 92 members of the public fatally injured in accidents connected to work in 2016/17. Almost half of these occurred on railways with the remainder occurring across a number of sectors including public services, entertainment and recreation.

Mesothelioma, one of the few work related diseases where deaths can be counted directly, contracted through past exposure to asbestos killed 2,542 in Great Britain in 2015 compared to 2,519 in 2014. The current figures relating to asbestos-related cancer reflect widespread exposures before 1980. Annual deaths are therefore expected to start to reduce after this current decade.

A fuller assessment of work related ill-health and injuries, drawing on HSE’s full range of data sources, will be provided as part of the annual Health and Safety Statistics release on 1 November 2017.

The HSE Chair added:

“We deal daily with the causes and consequences of work-related deaths, injuries and ill health. Today’s updated figures continue to inform our understanding of which areas we need to target.”

“We concentrate our interventions where we know we can have the biggest impact. We hold dutyholders accountable for managing the risks they create in the workplace. This benefits workers, business performance, the economy and wider society alike.”

Further information on these statistics can be found at http://www.hse.gov.uk/statistics. For more information on any of the above topics, visit the HSE website www.hse.gov.uk, 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