HEALTH & SAFETY NEWS UPDATE – 6TH AUGUST 2015

IN THIS UPDATE

Introduction

CDM 2015 Principal Designer Role – FAQs

Powered Gates

Cutting Red Tape – The Government wants you to tell them which regulatory issues hamper your business

HSE and HMRC working together for you – growing your business

Introduction

It’s been four months now since The Construction (Design & Management) Regulations 2015 (CDM 2015) came into force, replacing CDM 2007. As virtually everyone involved in a construction project has legal duties under the regulations, it’s not surprising that the HSE has received many enquiries since the change, including those about the role of the principal designer (PD), and we open this week’s update with the HSE’s answers to some of these questions.

Following the deaths five years ago of two children after becoming trapped in powered gates, the HSE issued the following safety notices (click on the links):

http://www.hse.gov.uk/safetybulletins/electricgates.htm

http://www.hse.gov.uk/safetybulletins/electricgates2.htm

Whilst, thankfully, there have been no similar reports since then (as far as we are aware), a research report recently published by the HSE has highlighted several safety related inadequacies in the design of powered gates and so this week we’re looking at the responsibilities of those whose role it is to ensure that powered (automatic) doors and gates on their premises are safe.

Is your business hampered by regulations? Whilst we join the HSE in encouraging a “common sense” approach to health and safety, we’re certainly aware of constraints faced by our clients when trying to comply with regulations. RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013) is a common example. Of course we’re happy to help, where we can, in helping clients overcome these issues but we welcome the move by the Department of Business, Innovation and Skills (BIS) in launching a new twitter account to encourage business, and in particular, small business, to highlight issues they have.

Additional issues/concerns are faced by small businesses as they start to grow or take on more employees, and HMRC and the Health and Safety Executive are working together to deliver a live webinar about the typical situations likely to be faced. You can find out more about/register for this at the close of this update.

Our next update will be published at the end of this month, after which we’ll keep you updated on a weekly basis. But if you have any queries in the meantime, please don’t hesitate to contact us on 07896 016380, at Fiona@eljay.co.uk or via our website. Alternatively, check out the HSE website (http://www.hse.gov.uk/) where you’ll be able to find the answers to many frequently asked questions.

CDM 2015 Principal Designer Role – FAQs

The Health & Safety Executive (HSE) has received many enquires on The Construction (Design & Management) Regulations 2015 (CDM 2015) and they will be updating their web pages (http://www.hse.gov.uk/construction/cdm/2015/index.htm) with further information in due course.

In the meantime, here are a couple of answers to some frequently asked questions about the role of the principal designer (PD).

Who can carry out the role of the principal designer (PD)? 

The PD must be a designer – an architect, consulting engineer or quantity surveyor, or anyone who specifies and alters designs as part of their work.  They can also be clients, contractors and trades people if they carry out design work or arrange for or instruct persons under their control to do so.

They must have the right mix of skills, knowledge and experience (SKE) or organisational capability to carry out all the functions and responsibilities assigned to them in Regulations 11 and 12 and have control over the pre-construction phase.

Commonly, the PD is likely to be:

For larger projects – a design practice or a technical department of a principal contractor e.g. a principal contractor doing design and build;

For smaller projects – a self-employed architect/technician, small design practice, a project management company, a client’s internal estates management team, or even a specialist tradesperson such as an electrician where they lead on the design function;

So long as they meet the criteria of;

– being a designer;

– having the relevant SKE or organisational capability, and;

– being in control of the pre-construction phase.

Does CDM 2015 require the principal designer to be a member of the project design team? 

No.  The PD must be appointed by the client as soon as it is established that more than one contractor is or is likely to be working on the project to plan, manage, monitor and control the design stages.

If the client gets it right and appoints the PD early at the concept stage, then the appointment should commonly take place before the project design team has been fully identified or assembled.

The PD may provide their own design team, appoint a team or manage and control any team appointed by others.

Whatever the model, which provides maximum flexibility for the client, – the PD must be able to prove to the client that they have the SKE or organisational capability to fulfil all the functions – proportionate to the nature, size, complexity and risk profile of the project.  Once in place, the PD should be in control of the design team so that they, and the design team, can carry out their roles effectively.

Can a client carry out the role of the principal designer? 

Yes. If a client fails to, or decides not to appoint a PD the law provides that the PD role is automatically assigned to the client.

Many clients will choose to take on the PD role themselves but irrespective of whether by choice or otherwise, the client must have the SKE or organisational capability to fulfil all the PD functions and responsibilities effectively.

Powered Gates

In the light of recently published HSE research report RR1056 – ‘Critical analysis of safety related design of powered gates’ – which highlights several safety-related inadequacies and suggests alternative safety measures, those whose role it is to ensure that powered (automatic) doors and gates on their premises are safe, may be seeking clarification of their responsibilities.

The HSE web page ‘Powered gates’ (http://www.hse.gov.uk/work-equipment-machinery/powered-gates/introduction.htm) provides information and guidance (including the following – click on the links for more info) for safety on the design, construction, supply, and use, inspection, examination and maintenance of powered gates:

Basics on risks, safety and the law (http://www.hse.gov.uk/work-equipment-machinery/powered-gates/basics.htm)

Risks from powered gates

Powered gates can give rise to a number of significant hazards, including those from being:

– hit by the moving gate

– crushed against fixed and / or other moving parts

– trapped between fixed, moving and other parts

– caught on moving parts, eg gears

– electrocuted, as most are powered by electric motors, or controlled electrically

– affected by hydraulic or pneumatic parts, where these are present

Responsibilities of designers, manufacturers, installers, owners, repairers, etc (http://www.hse.gov.uk/work-equipment-machinery/powered-gates/responsibilities.htm)

Owners, occupiers and users

While the responsibility for safe design / construction and installation may rest with others, the owner / user should ensure that the installed product is safe, and kept safe. In particular they should study the User Instructions that must come with the product, assessing what servicing and inspection / safety checks may be necessary.

More on Safety by design/construction, when in use, or following maintenance (http://www.hse.gov.uk/work-equipment-machinery/powered-gates/safety.htm)

Maintaining for safety

Component parts can wear and fail, sometimes catastrophically. Like most machinery, powered doors and gates need to be maintained to remain safe. Powered gates forming parts of workplaces or in common parts of residential complexes will be subject to health and safety law. Owners, occupiers, landlords and managing agents will have on-going responsibilities for the safety of all users and all those who may encounter the gate.

Powered Gate FAQs (http://www.hse.gov.uk/work-equipment-machinery/faq-powered-gates.htm)

What are the risks with powered (automatic) doors and gates, and how can they be controlled?

What if I think a gate is unsafe?

I’m a domestic householder, do I have to do anything?

I own a commercial/industrial premises, what do I have to do?

I install doors and gates, what must I do?

As a maintenance contractor, what do I have to do?

What are the main safety requirements for these machines?

What does the law say?

Where can I get more information?

Our comment

We check the operation of powered gates when carrying out health & safety inspections of commercial and residential property. Optical/stop sensors should operate satisfactorily, and confirmation should be provided that the gates have been risk assessed and are maintained by a suitably qualified contractor in order to meet current legislative requirements.

Cutting Red Tape – The Government wants you to tell them which regulatory issues hamper your business

The Department of Business, Innovation and Skills (BIS) have launched a new twitter account to encourage business, and in particular, small business, to highlight issues they have with regulation. BIS are keen to promote this account to help engage and better understand the regulatory concerns of business, and to hear it direct from them.

You can get involved by:

– Following @CutRedTapeUK for discussion on Twitter

– Remembering to use the hashtag #cutredtape in your tweets

– Share information on how small business can grow through your social media channels, tweet using #cutredtape

– Do you have a newsletter, online group or forum? Encourage discussion about regulatory issues and share feedback.

Our comment

We’re on Twitter too! We’re following @CutRedTapeUK, and you can follow us at @Eljay_Risk_Mgmt to stay up to date with health & safety news and our range of support and training services.

HSE and HMRC working together for you – growing your business

If your business is growing and you have questions on health and safety and taking on new employees, you can find answers in a live webinar delivered by HSE and HMRC.

Webinar overview

As your business starts to grow or you take on more employees you’ll face new issues and concerns. HMRC and the Health and Safety Executive are working together to deliver a live webinar about the typical situations you are likely to face. It looks at some of the questions you may have and guides you through the answers.

Webinar dates (click on the links to register)

12 August 2015, 10am – https://attendee.gotowebinar.com/register/4319267968957115650

16 September 2015, 10am – https://attendee.gotowebinar.com/register/6473058415654087938

13 October 2015, 10am – https://attendee.gotowebinar.com/register/30011536368234241

Once you have registered the webinar organizer will communicate with you regarding these events.

Our comment

Of course we’re always available to answer any questions you may have about health and safety. Contact us on 07896 016380, at Fiona@eljay.co.uk or via our website.

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

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

HEALTH & SAFETY NEWS UPDATE – 30TH JULY 2015

IN THIS UPDATE

Introduction

HSE Safety Alert

Poor design of scaffold loading bay gate, providing inadequate edge protection to prevent falls from height

HSE Myth Busters Challenge Panel

Case 363 – Unable to open office windows

Case 357 – Consultants and Letting Agents misinterpreting the risks of exposure to legionella of their tenants

Case 355 – All tools on building sites need to be a maximum of 110V

Case 345 – Council erecting a barrier on sloping grass bank to prevent workers and the public falling onto concrete path below

News & Research

1.3 million tradespeople at risk from dangers of asbestos

HSE Research Report 1052 – The effect of wearer stubble on the protection given by Filtering Facepieces Class 3 (FFP3) and Half Masks

Face Fit testing of RPE (Respiratory Protective Equipment)

Introduction

Welcome to this week’s Health & Safety news update – our second since the launch of our new website. We’re settling into it quite nicely, and hope you are too. Don’t forget that comments and/or feedback are always welcome!

We experienced a few teething problems last week with subscription registrations, and apologise if you were affected by these. Fingers crossed they’ve now been solved, so if you want to receive email notifications of our updates, just click on “Register” (bottom-left), and you’ll be directed to a page where you can enter a user name of your choice, and your email address. You can unsubscribe at any time and each email will contain an unsubscription link for this purpose. If you experience any difficulties at all, please email us at Fiona@eljay.co.uk, or via the “Contact us” page on our website (http://www.eljay.co.uk/contact-eljay-risk-management.php)

This week, after bring your attention to this week’s HSE Safety Alert, we’re quashing a few Health & Safety myths via the ‘Myth Busters Challenge Panel’, and highlighting the HSE’s asbestos safety campaign, before leading into our new ‘Face Fit Testing’ service with some interesting research on the topic.

HSE Safety Alert

Extendable Scaffolding Loading Bay Gate – use of cable ties to secure loose mesh and unsafe means of operation

HSE has become aware that a number of manufacturers/suppliers are marketing an extendable scaffold loading bay gate that does not satisfy legal requirements or applicable standards when in some configurations. When extended the loading bay gate, which forms part of the edge protection on a scaffold, is not robust enough to fulfil this function and is therefore not suitable and sufficient to comply with the Work at Height Regulations 2005. For more information click on the link: http://www.hse.gov.uk/safetybulletins/loading-bay-gate.htm?ebul=gd-cons/jul15&cr=1 or contact us on 07896 016380 or at Fiona@eljay.co.uk

HSE Myth Busters Challenge Panel

‘Health and Safety’ is often incorrectly used as a convenient excuse to stop what are essentially sensible activities going ahead when instead, we should be using good health & safety principles and practice to ensure that work proceeds, but safely. The Health and Safety Executive has set up an independent panel – the Myth Busters Challenge Panel – to scrutinize such decisions.

Below are just a few of the cases that the panel have recently considered, and their findings.

Case 363 – Unable to open office windows

Issue

Enquirer’s office has been told that they cannot have the keys to open the windows in their office on the 3rd floor as this would breach health and safety. The windows run almost floor to ceiling with the top section opening inwards. Standing next to the window, the open section is just below the enquirer’s chest height (they are 6ft tall). With summer coming the office is getting hotter and they are unable to have any fresh air in the building.

Panel opinion

In some circumstances it may be appropriate to prohibit people from opening windows if there is a real risk of someone falling out; but where this is a concern, the problem can also be addressed by fitting controls to limit the extent to which the windows can be opened. In this particular case it seems more likely that “health and safety” has been used as a cover when the real reason is to do with concerns over the effectiveness of the air conditioning.

“Health and safety” should not be used simply to avoid having a discussion about the real concerns and what solutions might be possible.

Our comment

More information about the safe opening and closing of windows, etc, as well as glazing safety in relation to impact and cleaning, can be found in Building Regulations Approved Document N (http://www.planningportal.gov.uk/uploads/br/BR_PDF_ADN_1998.pdf) or contact us on 07896 016380 or at Fiona@eljay.co.uk

Case 357 – Consultants and Letting Agents misinterpreting the risks of exposure to legionella of their tenants

Issue

Consultants and letting agents are i) using the revised L8 ACOP to infer there is new legislation regarding landlords responsibilities and ii) misrepresenting what the law requires of landlords of domestic rented properties in relation to assessing and controlling the risks of exposure to Legionella bacteria of their tenants, for financial gain.

Panel opinion

Health and Safety law does not require landlords to produce a ‘Legionnaires testing certificate’. Legionella testing is required only in exceptional circumstances and generally not in domestic hot and cold water systems. Such letting agents and consultants are scaremongering landlords, for financial gain, by misinterpreting and exaggerating the legal requirements to manage and control legionella in domestic premises.

HSE has published guidance for landlords, free to download from HSE’s website:

http://www.hse.gov.uk/legionnaires/faqs.htm – As a landlord, what are my duties?

http://www.hse.gov.uk/pubns/priced/hsg274part2.pdf – PDF – Paragraphs 2.138-2.146

Our comment

Whilst Legionella testing is not always required, if you are an employer, or someone in control of premises, you need to take the right precautions to reduce the risks of exposure to Legionella by carrying out a risk assessment, which includes management and prevention or control of any risks, as well as keeping and maintain the correct records. For more information click on the link http://www.hse.gov.uk/legionnaires/what-you-must-do.htm or contact us on 07896 016380 or at Fiona@eljay.co.uk

Case 355 – All tools on building sites need to be a maximum of 110V

Issue

The enquirer was tasked with carrying out sound insulation tests in houses on a construction site. The site manager asked him if his equipment was battery operated to which his reply was “no, it will need to be plugged into a 230V socket”. He asked if there was 230V power in the plots and the site manager said yes it was available but all “tools” on site need to run off a maximum of 110V as this was the company policy.

Panel opinion

The enquirer appears to have been planning to work in a completed (or nearly) completed house with the electrical system installed and compliant with requirements for electrical installations. This is a significantly lower risk from when the house is under construction. Whilst health and safety law does not ban 230v tools on construction sites, HSE strongly advises that 110v tools are preferable given the wet, dirty and dusty nature of construction sites and the possibility of mechanical damage to cables and tools.

In this instance a standard which is reasonable for a live, temporary, construction site is being applied to a different (domestic) environment where the risks would be much lower and the electrical system permanent and compliant with the latest standards.  If a site or company decide to impose a higher (disproportionate) standard in this lower risk environment they can but it is not health and safety law that requires this.

Our comment

More information about this construction safety topic can be found on the HSE web page “Electricity – Systems in buildings”. Click on the link http://www.hse.gov.uk/construction/safetytopics/systems.htm or contact us on 07896 016380 or at Fiona@eljay.co.uk

Case 345 – Council erecting a barrier on sloping grass bank to prevent workers and the public falling onto concrete path below

Issue

A sloping grassed bank, whose base is retained by a vertical wall, runs along behind social housing dwellings. The council has identified a risk of injury to workers from a fall from the top of the retaining wall when working on the bank above and also identified a similar risk of injury for residents and the public who access the bank. The council plans to install a barrier on top of the wall to reduce the risk of fall from height onto the concrete path below.

Panel opinion

The Council is taking a sensible approach to find a way of minimising various risks to its own employees and members of the public. They should continue to discuss with residents to find a suitable means of fencing/protection that reduces risk without restricting access unduly.

Our comment

If you manage or own property in which others live or work, it is your duty to ensure that the premises (inside and out) are in a satisfactory state from a health and safety perspective. Falls from height is just one of the many risks that need to be considered. We provide health & safety inspections of residential and commercial properties, as well as fire and Legionella risk assessments. For more information contact us on 07896 016380 or at Fiona@eljay.co.uk.

News & Research

1.3 million tradespeople at risk from dangers of asbestos

Health and Safety Executive launches new safety campaign as an average of 20 tradespeople die every week from asbestos related disease

Tradespeople, including construction workers, carpenters and painters and decorators, could come into contact with deadly asbestos on average more than 100 times a year* according to a new survey commissioned by the Health and Safety Executive (HSE)**.

As well as illustrating how often tradespeople can be exposed to asbestos, the survey revealed some common myths believed by those at risk, with 1 in seven (14 per cent) believing that drinking a glass of water will help protect them from the deadly dust and one in four (27 per cent) thinking that opening a window will help to keep them safe.

Only a third (30 per cent) of those asked, were able to identify all the correct measures for safe asbestos working, whilst more than half (57 per cent) made at least one potentially lethal mistake in trying to identify how to stay safe.

Twenty tradespeople, on average, die every week from asbestos related diseases.

Asbestos can be found in walls and ceilings, or the structure of a building, as well as a host of other places like floor tiles, boilers, toilet cisterns, guttering and soffits.

It can be disturbed by basic maintenance work like drilling holes and sanding and once disturbed, the microscopic fibres can prove lethal if breathed in, causing lung disease and cancer.

The research, undertaken by Censuswide in September 2014, shows that while more than half (53 per cent) knew that asbestos could be in old buildings built before 1970, only 15 per cent knew that it could still be found in buildings built up to the year 2000.

And although many of those surveyed could pinpoint some asbestos-containing materials, others were clueless, with only 19 per cent recognising it could also be hidden in common fixtures such as toilet seats and cisterns.

To encourage tradespeople to think about asbestos on every job so they are prepared to deal with the danger, HSE has launched a new safety campaign. A key feature of the campaign is the creation of a new web app for phones, tablets and laptops that helps tradespeople easily identify where they could come into contact with the deadly material as they go about their day-to-day work and gives them tailored help on how to deal with the risks.

Philip White, HSE’s Chief Inspector for Construction, said:

“Asbestos is still a very real danger and the survey findings suggest that the people who come into contact with it regularly often don’t know where it could be and worryingly don’t know how to deal with it correctly, which could put them in harm’s way. Our new campaign aims to help tradespeople understand some of the simple steps they can take to stay safe. Our new web app is designed for use on a job so workers can easily identify if they are likely to face danger and can then get straight forward advice to help them do the job safely.”

Former electrical consultant Simon Clark, who in 2012 was diagnosed with mesothelioma – the life-threatening and aggressive cancer caused by exposure to asbestos – when he was just 52, said:

“When I was younger I didn’t think of the dangers of asbestos and I must have been exposed to it frequently. Since being diagnosed, I’ve had to give up my work and let some of my employees go – which is the hardest thing I’ve ever done. It is vitally important that everybody knows when they might be exposed and takes the correct steps to protect themselves.”

To download the web app please visit www.beware-asbestos.info/news

For more information on asbestos safety please visit http://www.hse.gov.uk/asbestos or contact us on 07896 016380 or at Fiona@eljay.co.uk

HSE Research Report 1052 – The effect of wearer stubble on the protection given by Filtering Facepieces Class 3 (FFP3) and Half Masks

HSE Inspectors routinely come across workers with various degrees of stubble growth using respiratory protective masks, despite guidance to the contrary. This research studied the effect of 0-7 days stubble growth on the protection given by FFP3 filtering facepieces and half masks.

Fifteen male volunteers took part, each testing four masks. For most, three different design FFP3 and one half mask were tested, selected from seven models of FFP3 and 2 half masks. Fit tests were carried out immediately after shaving and repeated six times during the following week, without further shaving.

Results showed that the effect on protection was quite specific to the mask/wearer combination.

Protection could be significantly reduced where stubble was present, beginning within 24 hours from shaving, and generally worsening as facial hair grew. Statistical analysis predicted this could reach an unacceptable level for all of the masks tested.

While some individual wearers did grow some stubble without significantly reducing protection with some masks, this was unpredictable and it would not be practical to conduct the necessary testing to confirm this for every individual wearer.

The current guidance advising being clean-shaven in the area of the mask seal is justified.

Face Fit testing of RPE (Respiratory Protective Equipment)

As you will be aware you must ensure that any RPE you use provides adequate protection for individual wearers. RPE can’t protect the wearer if it leaks. A major cause of leaks is poor fit – tight-fitting face-pieces need to fit the wearer’s face to be effective. As people come in all sorts of shapes and sizes it is unlikely that one particular type or size of RPE face-piece will fit everyone. Fit testing will ensure that the equipment selected is suitable for the wearer and, importantly, will help ensure the safety of your workers.

RPE fit testing should be conducted by a competent person – you should take steps to ensure that person who carries out the fit test is appropriately trained, qualified and experienced, and is provided with appropriate information to undertake each particular task.

We can carry out your face fit testing, so if you need help selecting and fit testing RPE, contact us today on 07896 016380 or at Fiona@eljay.co.uk to discuss your requirements and we will provide you with a no-obligation quotation.

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

 

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

HEALTH & SAFETY NEWS UPDATE – 23RD JULY 2015

IN THIS UPDATE:

Introduction

New & Changed Legislation & Regulations

• The Construction (Design and Management) Regulations 2015 (CDM 2015)
• Landlords will be required by law to install working smoke and carbon monoxide alarms in their properties
• Drugs and driving: the law
• Simpler explosives and acetylene regulations
• Storing petrol safely

New & Revised Guidance

Guidance Documents
• A guide to workplace transport safety
• The selection, management and use of mobile elevating work platforms

Web Pages
• Dust Hub
• Illness caused by welding fume and gases
• COSHH e-tool
• Health and safety for disabled people
• Noise and Vibration Partnership Group
• IOSH – No time to lose

Introduction

To coincide with the launch of our new website, we’re changing the way we keep our readers up to date with health & safety news, and the support and training services we provide.

From now on, we’ll be posting weekly updates to this page, and you can register below-left to receive email notifications of these. If you experience any difficulty with this, please send an email to fiona@eljay.co.uk with your user name and email address, and we’ll register your details for you. Each time an update is published, you’ll receive an email containing a link to the post which you can then view, share and/or print off. You can unsubscribe at any time, and each email will contain an unsubscription link for this purpose.

This week, we’re focussing on health & safety legislation and regulations that have changed or been introduced since the last quarter of 2014, as well as providing an overview of new and revised guidance. Next week, we’ll be de-bunking a few myths and sharing what’s new in the world of health & safety.

New & Changed Legislation & Regulations

The Construction (Design and Management) Regulations 2015 (CDM 2015)

The Construction (Design and Management) Regulations 2015 (CDM 2015) came into force in April 2015, replacing CDM 2007. So what do you need to do? Virtually everyone involved in a construction project has legal duties under CDM 2015. These ‘dutyholders’ are defined as follows.

Client – Anyone who has construction work carried out for them. The main duty for clients is to make sure their project is suitably managed, ensuring the health and safety of all who might be affected by the work, including members of the public. CDM 2015 recognises two types of client:

commercial clients – have construction work carried out as part of their business. This could be an individual, partnership or company and includes property developers and companies managing domestic properties (click on link for roles & responsibilities: http://www.hse.gov.uk/Construction/cdm/2015/commercial-clients.htm)

domestic clients – have construction work carried out for them but not in connection with any business – usually work done on their own home or the home of a family member. CDM 2015 does not require domestic clients to carry out client duties as these normally pass to other dutyholders (click on link for roles & responsibilities: http://www.hse.gov.uk/Construction/cdm/2015/domestic-clients.htm)

Designer – An organisation or individual whose work involves preparing or modifying designs, drawings, specifications, bills of quantity or design calculations. Designers can be architects, consulting engineers and quantity surveyors, or anyone who specifies and alters designs as part of their work. They can also include tradespeople if they carry out design work. The designer’s main duty is to eliminate, reduce or control foreseeable risks that may arise during construction work, or in the use and maintenance of the building once built. Designers work under the control of a principal designer on projects with more than one contractor. (Click on link for roles & responsibilities: http://www.hse.gov.uk/Construction/cdm/2015/designers.htm)

Principal designer – A designer appointed by the client to control the pre-construction phase on projects with more than one contractor. The principal designer’s main duty is to plan, manage, monitor and coordinate health and safety during this phase, when most design work is carried out. (Click on link for roles & responsibilities: http://www.hse.gov.uk/Construction/cdm/2015/principal-designers.htm)

Principal contractor – A contractor appointed by the client to manage the construction phase on projects with more than one contractor. The principal contractor’s main duty is to plan, manage, monitor and coordinate health and safety during this phase, when all construction work takes place. (Click on link for roles & responsibilities: http://www.hse.gov.uk/Construction/cdm/2015/principal-contractors.htm)

Contractor – An individual or business in charge of carrying out construction work (eg building, altering, maintaining or demolishing). Anyone who manages this work or directly employs or engages construction workers is a contractor. Their main duty is to plan, manage and monitor the work under their control in a way that ensures the health and safety of anyone it might affect (including members of the public). Contractors work under the control of the principal contractor on projects with more than one contractor. (Click on link for roles & responsibilities: http://www.hse.gov.uk/Construction/cdm/2015/contractors.htm)

Worker – An individual who actually carries out the work involved in building, altering, maintaining or demolishing buildings or structures. Workers include: plumbers, electricians, scaffolders, painters, decorators, steel erectors and labourers, as well as supervisors like foremen and chargehands. Their duties include cooperating with their employer and other dutyholders, reporting anything they see that might endanger the health and safety of themselves or others. Workers must be consulted on matters affecting their health, safety and welfare. (Click on link for roles & responsibilities: http://www.hse.gov.uk/Construction/cdm/2015/workers.htm)

Click on the following link for a summary of duties under CDM 2015, or contact us on 07896 016380 or at fiona@eljay.co.uk for clarification or further information: http://www.hse.gov.uk/Construction/cdm/2015/summary.htm

Landlords will be required by law to install working smoke and carbon monoxide alarms in their properties

Landlords will be required by law to install working smoke and carbon monoxide alarms in their properties, under measures announced by Housing Minister Brandon Lewis today (11 March 2015).

The move will help prevent up to 26 deaths and 670 injuries a year.

The measure is expected to take effect from October 2015, and comes with strong support after a consultation on property condition in the private rented sector.

England’s 46 fire and rescue authorities are expected to support private landlords in their own areas to meet their new responsibilities with the provision of free alarms, with grant funding from government.

This is part of wider government moves to ensure there are sufficient measures in place to protect public safety, while at the same time avoiding regulation which would push up rents and restrict the supply of homes, limiting choice for tenants. For more information, click on the link: https://www.gov.uk/government/news/tenants-safer-under-new-government-measures or contact us on 07896 016380 or at fiona@eljay.co.uk

Drugs and driving: the law

It’s illegal to drive if either:

• you’re unfit to do so because you’re on legal or illegal drugs
• you have certain levels of illegal drugs in your blood (even if they haven’t affected your driving)

Legal drugs are prescription or over-the-counter medicines. If you’re taking them and not sure if you should drive, talk to your doctor, pharmacist or healthcare professional.

The police can stop you and make you do a ‘field impairment assessment’ if they think you’re on drugs. This is a series of tests, eg asking you to walk in a straight line. They can also use a roadside drug kit to screen for cannabis and cocaine.

If they think you’re unfit to drive because of taking drugs, you’ll be arrested and will have to take a blood or urine test at a police station.

You could be charged with a crime if the test shows you’ve taken drugs.

Prescription medicines

It’s illegal in England and Wales to drive with legal drugs in your body if it impairs your driving.

It’s an offence to drive if you have over the specified limits of certain drugs in your blood and you haven’t been prescribed them.

Talk to your doctor about whether you should drive if you’ve been prescribed any of the following drugs:

• amphetamine, eg dexamphetamine or selegiline
• clonazepam
• diazepam
• flunitrazepam
• lorazepam
• methadone
• morphine or opiate and opioid-based drugs, eg codeine, tramadol or fentanyl
• oxazepam
• temazepam

You can drive after taking these drugs if:

• you’ve been prescribed them and followed advice on how to take them by a healthcare professional
• they aren’t causing you to be unfit to drive even if you’re above the specified limits

You could be prosecuted if you drive with certain levels of these drugs in your body and you haven’t been prescribed them.

The law doesn’t cover Northern Ireland and Scotland but you could still be arrested if you’re unfit to drive.

For more information, click on the link: https://www.gov.uk/drug-driving-law or contact us on 07896 016380 or at fiona@eljay.co.uk

Simpler explosives and acetylene regulations

New laws on working safely with explosives and compressed acetylene gas took effect last Autumn.

Two new sets of consolidated regulations – The Explosives Regulations 2014 (ER) (http://www.legislation.gov.uk/uksi/2014/1638/contents/made) and The Acetylene Safety (England and Wales and Scotland) Regulations 2014 (ASR) (http://www.legislation.gov.uk/uksi/2014/1639/contents/made) came into force on 1 October 2014.

The revised regulations, which apply to the explosives industry and those who manufacture and store compressed acetylene gas, will help to reduce the regulatory burden on business and regulators by clarifying and simplifying requirements.

They have replaced the Approved Code of Practice (ACOP) for the Manufacture and Storage of Explosives Regulations 2005, a number of legislative instruments and the current explosives guidance.

Guidance produced to support ER, 2014 can be found at:

http://www.hse.gov.uk/pubns/books/l150.htm
http://www.hse.gov.uk/pubns/books/l151.htm

Revised guidance on working safely with acetylene can be found at:

http://www.hse.gov.uk/pubns/indg327.htm

Contact us on 07896 016380 or at fiona@eljay.co.uk for clarification of the above, or further information.

Storing petrol safely

Petrol is a dangerous substance; it is a highly flammable liquid and can give off vapour which can easily be set on fire and when not handled safely has the potential to cause a serious fire and/or explosion.

This means there is always a risk of a fire and/or an explosion if there is a source of ignition nearby, for example a naked flame, an electrical spark or similar. Because of these risks storing petrol safely is covered by legislation; and this applies to you if you store petrol.

What is the law on storing petrol safely?

The Petroleum (Consolidation) Regulations 2014 (PCR) link to external website which came into force on 1 October 2014 apply to:

• workplaces that store petrol where petrol is dispensed, ie retail and non retail petrol filling stations
• non-workplace premises storing petrol, for example at private homes, or at clubs/associations (or similar)

Petroleum Enforcement Authorities (PEAs), formerly Petroleum Licensing Authorities (PLAs) are responsible for enforcing the Petroleum (Consolidation) Regulations 2014. They also continue to enforce DSEAR at workplaces covered by PCR. This means that there is no change to the current enforcing arrangements.

The safe storage and use of petrol in workplaces is also covered by the Dangerous Substances and Explosive Atmospheres Regulations 2002 (DSEAR).

Who does this apply to?

Information on how the Petroleum (Consolidation) Regulations 2014 applies to the following groups:

• If you are an owner/employee of a petrol filling station
• If you store petrol at home, or at a club/association or similar premises
• If you design, manufacture or supply portable petrol storage containers
• If your workplace stores but does not dispense petrol

What does this legislation replace?

The Petroleum (Consolidation) Regulations 2014 combine, update and replace all previous legislation on petrol storage. The existing health and safety responsibilities remain the same; anything that is still relevant is included in the 2014 Regulations.

For more information, click on the link: http://www.hse.gov.uk/fireandexplosion/petroleum.htm or contact us on 07896 016380 or at fiona@eljay.co.uk

New & Revised Guidance

New and revised guidance is listed below. Please click on the accompanying links for more information.

Guidance Documents

A guide to workplace transport safety (HSG136 – published Sept 2014)
http://www.hse.gov.uk/pubns/books/hsg136.htm

The selection, management and use of mobile elevating work platforms – Safe working practices (GEIS6 – published 2014)
http://www.hse.gov.uk/pubns/geis6.htm

Web Pages

Dust Hub (provides information to help employers control exposure to dust in the workplace http://www.hse.gov.uk/dust/

Illness caused by welding fume and gases: there will be people who don’t get ill but some welders do get ill from breathing welding fume. Some may be ill for only a short time, others may get permanent illnesses like asthma. There is no easy way to know if it will be you. A few welders get so ill they have to stop welding and find a new career. http://www.hse.gov.uk/welding/illness.htm

COSHH e-tool: easy steps to control health risks from chemicals http://www.hse.gov.uk/coshh/essentials/coshh-tool.htm

Health and safety for disabled people: this guidance will help those employing disabled people to understand their health and safety responsibilities. http://www.hse.gov.uk/disability/

Noise and Vibration Partnership Group: includes noise and hand-arm vibration posters http://www.hse.gov.uk/noise/nv-partnership-group.htm

IOSH – No time to lose: Working together to beat occupational cancer http://www.iosh.co.uk/NTTL/Home/About-NTTL.aspx

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

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

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