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

HEALTH & SAFETY NEWS UPDATE – 25TH FEBRUARY 2016

REGISTER BELOW-LEFT TO RECEIVE OUR UPDATES BY EMAIL

IN THIS UPDATE

Introduction

Young people at work – sixteen year old worker falls through skylight

Powered gates FAQs – firm fined after man struck by gate

Safe use of forklift trucks – scrap metal firm in court over worker’s severe forklift injuries

Introduction

Figures published last October by the Department for Education revealed that thousands more young people are working or learning after the age of 16. Many young people are likely to be new to the workplace and in some cases facing unfamiliar risks, from the job they are doing and from their surroundings. They need to be provided with clear and sufficient instruction, training and supervision to enable them to work without putting themselves and other people at risk. We open this week’s update with HSE guidance on employing under 18’s, following news of a roofing company being fined after a young worker fell through a skylight.

Also last October, we shared HSE guidance on powered door and gate safety (click on the link: http://www.eljay.co.uk/news/health-safety-news-update-8th-october-2015/) ahead of Gate Safety Week which, in the words of Powered Gate Group Chairman Neil Sampson, “is all about raising public awareness of the dangers of using a poorly installed or maintained powered gate, in the hope that we can prevent any further deaths or injuries”. (The risks associated with powered gates have been well documented by the HSE. The following safety notice was issued after two incidents that both led to the deaths of young children: http://www.hse.gov.uk/safetybulletins/electricgates2.htm) Only last week, news was released by the HSE, of company that produces and installs gate systems being fined after the leaf of a gate fell and struck a man, so this week we’re sharing HSE responses to some FAQs on the topic.

And finally, we share HSE guidance on the safe use of forklift trucks following news of a scrap metal firm being in court over a worker’s severe forklift injuries.

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

Young people at work – sixteen year old worker falls through skylight

A Stoke-on-Trent roofing company has been fined £14,000 plus £6,919 costs, after an employee suffered serious injury when he fell through a roof skylight at an address in Newcastle under Lyme.

Newcastle under Lyme Magistrates’ Court heard how the young worker accessed an unprotected roof and fell through the skylight. He was working during the summer vacation in July 2014 when the incident occurred. He suffered three cracked vertebrae.

An investigation by the Health and Safety Executive (HSE) into the incident found that there was poor supervision and training.

Young people at work

When employing a young person under the age of 18, whether for work, work experience, or as an apprentice, employers have the same responsibilities for their health, safety and welfare as they do for other employees.

Guidance on the HSE web page http://www.hse.gov.uk/youngpeople/ will help young people and those employing them understand their responsibilities.

Work experience

Introducing young people to the world of work can help them understand the work environment, choose future careers or prepare for employment. We need young people to be offered opportunities to develop new skills and gain experience across the world of work. Click on the following links for more guidance:

Young people FAQs (visit HSE web page http://www.hse.gov.uk/youngpeople/faqs.htm for answers):

  • Does an employer have to carry out a separate risk assessment for a young person?
  • What if a young person doesn’t feel confident about raising a health and safety concern with their employer?
  • Does an employer need to have Employers’ Liability Compulsory Insurance (ELCI) in place before they employ a young person?
  • How does an employer avoid putting a young person at risk due to their physical limitations?
  • How do I assess a young person’s psychological capability?
  • What constitutes harmful exposure?
  • Can a young person be employed to work with ionising radiation?
  • How do I take account of a young person’s lack of maturity, lack of risk awareness, insufficient attention to safety and their lack of experience or training?
  • Are young people at more risk of exposure to extreme temperature, noise or vibration?
  • I understand there has been a change to the official statutory school leaving age, rising to age 17 in 2013, with a further rise to 18 from 2015. Is this correct and does this mean that the definition of a child has changed?

Common young people myths

“Under 18s cannot be employed on construction sites for work or work experience”

There is no reason why a young person under 18 could not be employed on a building site for work or work experience, provided the work was properly assessed and suitable controls put in place. Although there may be times when it would not be appropriate for an under 18 to be employed, these will be very much the exception rather than the rule.

“Schools and colleges, or those organising work experience placements on their behalf, such as Education Business Partnerships, have to carry out workplace checks before sending students on work experience placements and staff carrying out these checks must meet prescribed levels of occupational competence or qualification”

There are no health and safety regulations that require schools, colleges, or those organising placements on their behalf, to carry out workplace assessments for work experience placements. There is also no requirement for any prescribed level of occupational competence or qualification for education personnel, or others organising these placements.

However, schools, colleges and others organising placements do need to satisfy themselves that an employer has risk management arrangements for placements, including for higher risk environments. Find out what you need to do and how to keep it simple by visiting the following HSE web page: http://www.hse.gov.uk/youngpeople/workexperience/organiser.htm.

“A separate risk assessment is required for work experience students”

A separate risk assessment is not required specifically for work experience students, as long as your existing assessment already considers the specific factors for young people. Furthermore, there is no requirement to re-assess the risks each time an employer takes on a new work experience student, provided the new student has no particular needs.

“Schools, colleges and those organising work experience placements on their behalf, such as Education Business Partnerships, must visit all workplaces in advance of a student starting a work experience placement”

It is not for schools, colleges or those organising work experience placements on their behalf, to assess work places. The employer who is taking on the student for work experience has the primary responsibility for their health and safety. However, schools, colleges and others organising placements do need to take reasonable steps to satisfy themselves that an employer is managing any significant risks. For many low risk premises a visit will not be necessary, there is no reason why this couldn’t be done over the phone, with placement organisers simply making a note of the discussion. A conversation with an employer could include finding out what the student will be doing, what the risks are and how they are managed.

It is about keeping checks in proportion to the environment and in many cases it is likely that a school, college, or other placement organiser will be familiar with employers they use regularly and will be aware of their track record. They may also know of other schools, colleges and placement organisers who have placed students with the same employers and can share information with them. Find out what you need to do and how to keep it simple by visiting the following HSE web page: http://www.hse.gov.uk/youngpeople/workexperience/organiser.htm.

For more information visit the HSE web page http://www.hse.gov.uk/youngpeople/ or contact us on 07896 016380 or at Fiona@eljay.co.uk, and we’ll be happy to help.

Powered gates FAQs – firm fined after man struck by gate

A company that produces and installs gate systems has been fined £20,000 plus £5,000 costs after the leaf of a gate fell and struck a man.

Newport Magistrates’ Court heard how the company was contracted to manufacture and install a gate system at commercial premises in Caerphilly.

The gate consisted of two leaves; one of which was driven by a motor and connected to the second leaf by a chain and sprocket which provided the drive motion for the second leaf.

There was a failure of the gate mechanism and in September 2014 an employee at the premises went to manually close the gate. The leaf he was pulling came out of the runners and it collapsed on him. A vertical rail struck his leg and resulted in severe trauma to his leg with muscle and nerves torn away. He was hospitalised for ten days and off work for one year.

An investigation by the Health and Safety Executive into the incident found that the underlying failure of the gate mechanism was as a result of inadequate design, assessment and control measures to ensure the gate was safe for use.

HSE inspector Dean Baker said after the hearing: “Powered gates pose a risk to employees and members of the public. Those responsible for installing, maintaining and operating these gates need to make sure they are safe during installation and use. This accident could have been avoided if the clearly foreseeable risk of the gate falling had been identified and controlled.”

FAQs – Powered gates

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

In recent years, a number of adults and children have been seriously injured or killed by this type of machinery (click on the link for more information: http://www.hse.gov.uk/safetybulletins/poweredgates.htm). The injuries were caused because people have been trapped or crushed by the moving door or gate. All powered doors and gates must be properly designed, installed and maintained to prevent possible injuries.

What if I think a gate is unsafe?

Unless you’ve been working on the gate, the ‘owner’ of the gate has to ensure that the gate is safe and without risks to others. The ‘owner’ here includes landlords or managing agents with responsibility for the gate. If the owner thinks the gate is unsafe, he should take steps to make it safe – for example, by engaging a competent person to install safety mechanisms or protective devices. Meanwhile, for safety, it should be switched off, or only used safely in a supervised way, eg under direct hold-to-run control.

If you’ve been working on the gate – eg installing, repairing, maintaining the gate – then you are responsible for ensuring it is left in a safe state. You should discuss your concerns with the gate owner so that they can take action to put things right.

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

Health and safety law doesn’t apply to you. But it is a good idea to have regular checks carried out on the gates in accordance with the manufacturer’s instructions. This is particularly important where the gate may affect the safety of third parties – such as passers-by, children or visitors. As with other contractors, you’ll need to check that they are competent to carry out any work/inspections that you ask them to do.

Please note that anyone undertaking a ‘work activity’ on a domestic powered gate (eg repairs, checks, adjustments, servicing) will be subject to health and safety law. For further details see Powered Gates: Responsibilities (http://www.hse.gov.uk/work-equipment-machinery/powered-gates/responsibilities.htm)

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

You will have to ensure that powered doors and gates on the premises are safe. Existing powered doors and gates must be designed, constructed and maintained for safety. You will need to inspect them regularly to make sure they work properly and that protective devices are effective. In some cases, you may need to use a competent contractor to help you do this.

If you’re going to install a new powered door or gate – or ‘power-up’ an existing manually operated one – you should employ a competent installer who understands how these machines work, what the safety requirements are, how to do the work safely, and comply with the law concerning machinery supply. They should also provide you with user instructions and details on how to maintain the gates.

I install doors and gates, what must I do?

You must be competent. This means you must understand the risks associated with these products and the law concerning supply. You should ensure that they are installed according to the manufacturers’ instructions, making checks and adjustments as necessary so they are left safe. You must give user instructions to the client – whether domestic or commercial/industrial – on how to use and maintain the gates. If you have any concerns about the design of the gate, or its components, then you should discuss these with the manufacturer/supplier.

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

You must be competent to carry out maintenance or inspection work. This means understanding how the door or gate and its safety features work. If you find something wrong then you should talk to the owner about what you need to do to make it safe, particularly if there is a risk of injury. You need to leave the gate in a safe state. Where new components are fitted the user instructions may need to be updated.

HSE cannot get involved in civil disputes between owners or others with responsibility and contractors where there are disagreements about maintenance, repairs or upgrading work. In such cases, the owner and the contractor need to resolve the issues; both need to ensure that people are not put at risk of harm. Organisations such as Gate Safe® (http://gate-safe.org/) and the Door and Hardware Federation (http://www.dhfonline.org.uk/) may be able to help.

What are the main safety requirements for these machines?

Powered gates and doors

  • Must be properly designed, taking full account of the environment of use, the presence of vulnerable members of the population, and potential foreseeable misuse, as well as intended use;
  • Manufactured (including when assembled from components in situ) to the safety standards required by law, regardless of whether for use in connection with work, or located on private domestic premises;
  • Supplied with all relevant documentation, particularly the user instructions for the complete product, and where necessary of component parts;
  • Installed safely, and maintained for safety, by competent contractors;
  • If part of a workplace, be adequately inspected and maintained for safety;
  • If part of premises managed by a work undertaking (including landlords and managing agents of residential complexes), to meet the general duty for the safety of non-employed persons;
  • As necessary for on-going safety, regularly checked, which may require specific inspection, testing, and adjustment, so they remain safe; and
  • Where found to be dangerous, immediately taken out of use until all of the safety concerns have been adequately addressed.

What does the law say?

Powered (automatic) gates (barriers and doors) located in ‘workplaces’ are subject to a number of specific legal requirements. These will include requirements for:

  • design, manufacture, supply and installation under the Supply of Machinery (Safety) Regulations 2008; and
  • inspection and maintenance under the Workplace (Health, Safety and Welfare) Regulations 1992.

There will also be general requirements under the Health and Safety at Work etc Act 1974 in relation to risks to third parties (non-employees).

Powered (automatic) gates for use on private domestic premises must comply with the Supply of Machinery (Safety) Regulations 2008 when first installed.

Where can I get more information?

You can get more information about safe machinery and work equipment here: http://www.hse.gov.uk/work-equipment-machinery/index.htm. For more detailed information and guidance on this topic see the Powered Gate section: http://www.hse.gov.uk/work-equipment-machinery/powered-gates/introduction.htm.

HSE has worked with Gate Safe® and the Door and Hardware Federation (DHF) to produce advice and guidance on powered gates. You can get specific information on powered doors and gates from their web sites.

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

Safe use of forklift trucks – scrap metal firm in court over worker’s severe forklift injuries

A scrap metal firm and its director have been sentenced after a Manchester worker suffered severe injuries to his left arm when it became stuck in a forklift truck.

The 30 year old worker remained trapped for over two hours while the emergency services tried to free his arm from the vehicle’s mast at a Manchester trading estate in November 2013.

The company and its director were prosecuted by the Health and Safety Executive (HSE) after it emerged that the worker had been told to stand on the forks on the truck to help move scrap cars into the back of a shipping container.

He suffered severe crush injuries when his arm became trapped and it took the combined effort of three fire crews, a specialist major rescue unit, two air ambulances, a medical team from Manchester Royal Infirmary and three ambulance crews to rescue him.

He sustained nerve damage to his left arm which makes it difficult for him to grip or lift items, and was in hospital for nearly two months. He still needs to visit Manchester Royal Infirmary for treatment and has been unable to return to work due to the extent of his injuries.

The court was told the company failed to report the incident to HSE for nearly three months, despite being told on several occasions that this was a legal requirement.

The company director was sentenced to six months imprisonment suspended for 18 months and ordered to pay costs of £750 after pleading guilty to a breach of Section 2 (1) of the Health and Safety at Work etc. Act 1974.

The firm pleaded guilty to breaches of Section 2 (1) of the Health and Safety at Work etc. Act 1974 and Regulation 4 (2) of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013.

Managing lift trucks

Key messages

  • Lift trucks are particularly dangerous in the workplace.
  • On average, lift trucks are involved in about a quarter of all workplace transport accidents.
  • Accidents involving lift trucks are often due to poor supervision and a lack of training.

Safe working with lift trucks

HSE has published an Approved Code of Practice (ACOP) and guidance called Rider-operated lift trucks: Operator training and safe use. Click on the following link to download a free copy: http://www.hse.gov.uk/pubns/books/l117.htm

This sets the minimum standard of basic training people should receive before they are allowed to operate certain types of lift truck – even if they only operate the equipment occasionally. It also provides detailed guidance about how they can meet this standard.

The ACOP covers stacking rider-operated lift trucks, including articulated steering trucks. ‘Rider-operated’ means any truck that can carry an operator and includes trucks controlled from both seated and stand-on positions.

If you employ anyone to operate a lift truck covered by the ACOP, you should make sure that operators have been trained to the standards it sets out.

The ACOP also includes some sections taken from ‘Safety in working with lift trucks’ (now withdrawn).

More HSE guidance is available by clicking on the following links:

For more information on vehicles at work, visit the HSE web page http://www.hse.gov.uk/workplacetransport/ 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

 

 

HEALTH & SAFETY NEWS UPDATE – 19TH NOVEMBER 2015

REGISTER BELOW-LEFT TO RECEIVE OUR UPDATES BY EMAIL

IN THIS UPDATE

Introduction

Chief Inspector challenges small construction sites to act now to manage workers health and safety

Crowd management – your duties as an event organiser

Managing risks from skin exposure at work

Introduction

This autumn saw the HSE’s 10th annual refurbishment inspection initiative, and after 46% of sites fell below standards, the Chief Inspector of Construction is challenging the refurbishment industry to act now and protect their workers. As well as serving 692 enforcement notices and 983 notifications of contravention, inspectors had to deal with immediate risks such as falls from height (the most common killer in the industry), and exposure to silica dust and asbestos. This week we open our update with HSE guidance on managing construction sites safely.

As the festive season rapidly approaches, we hear that this year’s Christmas lights switch-on in Solihull has been cancelled amid health and safety fears arising from the size of crowds expected to attend. In 2009 approximately 60 people were injured during a crowd-surge at such an event in Birmingham. So we’re also sharing HSE guidance this week on crowd management – specifically aimed at those responsible for organising events such as these.

And finally, we look at the risks from skin exposure at work – how many materials used can affect the skin or pass through the skin, causing diseases elsewhere in the body – and how these can be prevented.

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

Chief Inspector challenges small construction sites to act now to manage workers health and safety

The Health and Safety Executive’s (HSE’s) Chief Inspector of Construction is challenging the refurbishment industry to act now and protect their workers, after 46 per cent of sites fell below standards during a recent inspection initiative.

HSE targeted small refurbishment sites during the month long drive and 692 enforcement notices and 983 notifications of contravention had to be served where there was a material breach of health and/or safety. Inspectors had to deal with immediate risks, such as work at height, and also to deal with sites where workers were being exposed to silica dust and asbestos, which cause long term health problems.

Health and safety breaches were also followed up with clients and designers, reinforcing their duties under the Construction Design and Management Regulations (CDM) 2015 and help them understand their responsibilities.

Despite the high rate of enforcement action, the inspectors found a number of examples of good practice.

Peter Baker, Health and Safety Executive’s Chief Inspector of Construction said: “It is disappointing that some small refurbishment sites are still cutting corners and not properly protecting their workers. Falls from height are the most common killer in the industry but we still found workers put at risk to save minutes on the job – believing it wouldn’t happen to them.

“The mis-conception that health issues cannot be controlled is simply not true and ruining people’s lives. Harmful dust, whether silica or wood, is a serious issue and can be managed effectively with the right design, equipment and training. Health effects may not be immediate but the ultimate impact on workers and their families can be devastating. Each week 100 construction workers die from occupational disease.”

“HSE inspectors found lots of good examples of small sites carrying out work safely, proving it can be done. Larger construction sites accepted the challenge a few years ago and have made big improvements, which all of the industry can learn from. My message to smaller businesses is don’t wait for an accident or visit from an inspector before you make the change, but act now and learn from your colleagues’ example.”

How to manage your site safely (click on the links)

For more guidance on health and safety in the construction industry, visit the HSE web page http://www.hse.gov.uk/construction/ or contact us on 07896 016380 or at Fiona@eljay.co.uk, and we’ll be happy to help.

Crowd management – your duties as an event organiser

Solihull’s Christmas lights switch-on has been cancelled this year amid health and safety fears arising from the size of crowds expected to attend. In 2009 approximately 60 people were injured during a crowd-surge at such an event in Birmingham.

As an organiser you must as far as reasonably practicable ensure the safety of visiting crowds.

While certain aspects of crowd safety can be allocated to contractors, for example stewarding, you will retain overall responsibility for ensuring the safety of the public.

What you should know

Hazards presented by a crowd:

  • Crushing between people.
  • Crushing against fixed structures, such as barriers.
  • Trampling underfoot.
  • Surging, swaying or rushing.
  • Aggressive behaviour.
  • Dangerous behaviour, such as climbing on equipment or throwing objects.

Hazards presented by a venue:

  • Slipping or tripping due to inadequately lit areas or poorly maintained floors and the build-up of rubbish.
  • Moving vehicles sharing the same route as pedestrians.
  • Collapse of a structure, such as a fence or barrier, which falls onto the crowd.
  • People being pushed against objects, such as unguarded, hot cooking equipment on a food stall.
  • Objects, such as stalls, that obstruct movement and cause congestion during busy periods.
  • Crowd movements obstructed by people queuing at bars etc.
  • Cross flows as people cut through the crowd to get to other areas, such as toilets.
  • Failure of equipment, such as turnstiles.
  • Sources of fire, such as cooking equipment.

Assessing the risks and putting controls in place

Carry out an assessment of the risks arising from crowd movement and behaviour as they arrive, leave and move around the site.

Note: Whether health and safety law will apply on routes to and from the venue will largely depend on the circumstances (other legislation to do with Licensing and traffic law may take precedence). If health and safety law does apply, an organiser’s legal duty regarding crowd safety will depend on the extent of control they have, which should be judged on a case-by-case basis. These duties are likely to be shared with others, including the local authority, landowners and transport providers.

Find out more

To assist you in identifying measures to help keep people safe see Managing crowds safely: http://www.hse.gov.uk/pubns/books/hsg154.htm

Barriers

Barriers at events serve several purposes, eg:

  • as an aid to manage and influence the behaviour of the audience; to line routes; and to prevent the audience climbing on top of temporary structures and putting themselves at risk of falling
  • to relieve and prevent overcrowding and the build-up of audience pressure
  • to provide physical security, as in the case of a high-perimeter fence at an outdoor event
  • to shield hazards from people

If you decide to use barriers and fencing as a crowd management tool, then they should be risk assessed. Depending on the complexity of the risk and barrier/s, you may need a source of competent advice to help you.

The factors you should take into account include:

  • the planned use of barriers
  • layout
  • ground conditions and topography
  • the presence of underground services, eg water pipes, electric cables that could restrict the use of pins to secure barriers
  • weather
  • load on the barrier – wind and/or crowd pressure
  • audience numbers and behaviour

These and any other factors peculiar to the location will determine the type of barrier or fence you select. It is crucial that the type of barrier and fence does not present greater risks than those they are intended to control. In some cases, barriers have failed due to incorrect selection.

To install simple barriers like rope and posts is relatively straightforward. However, for more complex barrier arrangements like stage barriers you may need a competent contractor to do this for you.

Deploy barriers and fencing with proper crowd management procedures, eg use of stewards to help achieve an all-round effective management of the risk. If appropriate, consult with a crowd management director on the use of barriers.

Find out more (click on the links)

For clarification or more information, please don’t hesitate to contact us on 07896 016380 or at Fiona@eljay.co.uk, and we’ll be happy to help.

Managing risks from skin exposure at work

Many materials used at work can affect the skin or can pass through the skin and cause diseases elsewhere in the body. If you are an employer, health and safety adviser, trainer or safety representative, this book (free to download by clicking on the link: http://www.hse.gov.uk/pubns/books/hsg262.htm) provides guidance to help you prevent these disabling diseases.

It covers the protective role of the skin, ill health arising from skin exposure, recognising potential skin exposure in your workplace, and managing skin exposure to prevent disease.

There is guidance on assessing and managing risks, reducing contact with harmful materials, choosing the right protective equipment and skin care products, and checking for early signs of skin disease.

The document also contains a series of case studies drawn from a wide range of industries.

Related resources (click on the links)

See also

For clarification or more information, 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 published by the Health and Safety Executive and licensed under the Open Government Licence

 

HEALTH & SAFETY NEWS UPDATE – 1ST OCTOBER 2015

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IN THIS UPDATE

Introduction

Landlords required by law to install working smoke and carbon monoxide alarms from 1st October

Selecting a first-aid training provider

Freight container safety – transport company fined after crate falls on worker

Working at height – engineering company fined for safety breaches

Introduction

Two important changes to health and safety legislation/regulations come into force today, one of which is the requirement for landlords to ensure that they have working smoke and carbon monoxide alarms installed in their properties. The measures were announced in March of this year by Housing Minister Brandon Lewis, and have since received Parliamentary approval.

Another change which has come into force today is the requirement by the HSE for individuals delivering first aid training to hold recognised teaching and assessing qualifications, details of which are provided below, along with guidance on establishing whether or not first aid training is required.

In response to the fining last month of a transport company after a crate fell on a worker, we also highlight the importance of identifying relevant risks before any work tasks are carried out, and putting in place appropriate control measures to protect against them, particularly those involved in work with containers.

Finally, it’s no wonder that falls from height remain one of the biggest causes of deaths at work in the UK, after a member of the public witnessed workers on a fragile roof without any preventative measures to avoid risk of falling – either off the edge or through it. The incident was reported to the HSE and the engineering company employing the workers was fined last month £10,000 plus £4,782 costs, despite no injury occurring. We look at the hierarchy of controls that managing work at height should follow.

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

Landlords required by law to install working smoke and carbon monoxide alarms from 1st October

From 1st October, 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 in March of this year.

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

The measure 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.

Housing Minister Brandon Lewis said:

In 1988 just 8% of homes had a smoke alarm installed – now it’s over 90%.

The vast majority of landlords offer a good service and have installed smoke alarms in their homes, but I’m changing the law to ensure every tenant can be given this important protection.

But with working smoke alarms providing the vital seconds needed to escape a fire, I urge all tenants to make sure they regularly test their alarms to ensure they work when it counts. Testing regularly remains the tenant’s responsibility.

Communities Minister Stephen Williams said:

We’re determined to create a bigger, better and safer private rented sector – a key part of that is to ensure the safety of tenants with fire prevention and carbon monoxide warning.

People are at least 4 times more likely to die in a fire in the home if there’s no working smoke alarm.

That’s why we are proposing changes to the law that would require landlords to install working smoke alarms in their properties so tenants can give their families and those they care about a better chance of escaping a fire.

Ensuring the safety of tenants

Other measures to support the private rented sector include investing £1 billion in building newly-built homes specifically for private rent, giving tenants support against rogue landlords and publishing a How to rent guide so tenants and landlords alike are aware of their rights and responsibilities.

The changes to the law will require landlords to install smoke alarms on every floor of their property, and test them at the start of every tenancy.

Landlords will also need to install carbon monoxide alarms in high risk rooms – such as those where a solid fuel heating system is installed.

Those who fail to install smoke and carbon monoxide alarms will face sanctions and could face up to a £5,000 civil penalty.

This will bring private rented properties into line with existing building regulations that already require newly-built homes to have hard-wired smoke alarms installed.

And it’s in line with other measures the government has taken to improve standards in the private rented sector, without wrapping the industry up in red tape.

Free to download from https://www.gov.uk/government/publications/smoke-and-carbon-monoxide-alarms-explanatory-booklet-for-landlords, an explanatory booklet has been published, designed to help landlords further understand and comply with the Smoke and Carbon Monoxide Alarm (England) Regulations 2015.

If you need clarification or further information about any aspect of property health and safety or fire safety, we undertake health & safety/fire risk assessments of commercial and residential properties and will be happy to advise accordingly. We can also provide a no-obligation quotation for the above upon request. Contact us on 07896 016380 or at Fiona@eljay.co.uk.

Selecting a first-aid training provider

From 1st October 2015, HSE guidance to employers requires individuals delivering first aid training to hold recognised teaching and assessing qualifications. For more information about what to check when selecting a training provider, the HSE’s information sheet provides guidance for employers and is free to download by clicking on the link: http://www.hse.gov.uk/pubns/geis3.pdf

Do I need first-aid training?

HSE cannot tell you what provision you should make for first aid. You, as an employer, are best placed to understand the exact nature of your workplace and decide what you need to provide.

First aid provision must be ‘adequate and appropriate in the circumstances’. This means that you must provide sufficient first aid equipment (first aid kit), facilities and personnel at all times.

In order to decide what provision you need to make you should undertake a first-aid needs assessment. This assessment should consider the circumstances of your workplace, workforce and the hazards and risks that may be present. The findings will help you decide what first-aid arrangements you need to put in place.

In assessing your first-aid needs, you should consider:

  • the nature of the work you do
  • workplace hazards and risks (including specific hazards requiring special arrangements)
  • the nature and size of your workforce
  • the work patterns of your staff
  • holiday and other absences of those who will be first-aiders and appointed persons
  • your organisation’s history of accidents

You may also need to consider:

  • the needs of travelling, remote and lone workers
  • the distribution of your workforce
  • the remoteness of any of your sites from emergency medical services
  • whether your employees work on shared or multi-occupancy sites
  • first-aid provision for non-employees (eg members of the public).

HSE has published further guidance on all the factors above that will help you carry out your first-aid needs assessment. Click on the link: http://www.hse.gov.uk/pubns/priced/l74.pdf#page=9

You may also wish to consider their suite of case studies, containing scenario-based examples of first-aid needs assessments for a variety of workplaces. They demonstrate the general principles involved in deciding on the provision you should make for first aid, but you should not assume the outcomes shown are directly transferable to your workplace. Click on the link: http://www.hse.gov.uk/pubns/casestudy9.pdf

You do not need to record the findings of your needs assessment, but you may find it useful to do so, as it will demonstrate how you have decided on the first-aid provision that you make.

The minimum requirement in terms of personnel is to appoint a person to take charge of first-aid arrangements. The roles of this appointed person include looking after the first-aid equipment and facilities and calling the emergency services when required. The appointed person can also provide emergency cover, within their role and competence, where a first-aider is absent due to unforeseen circumstances. An appointed person is not required to have any formal training.

If your workplace has more significant health and safety risks, for example you use machinery or hazardous materials then you are more likely to need a trained first-aider.

There are no hard and fast rules on exact numbers, and you will need to take into account all the relevant circumstances of your particular workplace.

If you need clarification or further information, please don’t hesitate to contact us on 07896 016380 or at Fiona@eljay.co.uk, and we’ll be happy to help. We also provide first-aid training and can provide a no-obligation quotation upon request.

Freight container safety – transport company fined after crate falls on worker

Last month, a transport company firm was fined £9,000 plus £917 costs for safety failings after a worker suffered serious injuries when a crate fell on him whilst he was unloading crates from a container.

Ipswich Magistrates’ Court heard how on April 2013 the transport company employee was assisting to unload two containers which contained two tonne crates of glass mirrors. The second container had no fork pockets or lighting, so the worker had to closely guide the fork lift truck operator to ensure the forks were in position.

Some of the crates were jammed in place and as the fork lift truck operator attempted to dislodge them, one of the crates toppled onto the worker, pinning him to the side of the container. The incident has left him with life changing injuries and he will be unable to work for at least three years.

Speaking after the hearing HSE Inspector Corinne Godfrey said:

“This worker was employed by the company for less than three weeks as a Warehouse Foreman, and although he had previous job experience which involved the maintenance and repair of containers, he had never been involved with this type of unloading work known as ‘devanning’.

This incident was inevitable, neither worker had seen the procedures manual or any risk assessments/method statements relating to the unloading of containers.

The company failed to plan what should happen when it was identified that loads were not able to be readily offloaded by forklift truck.

It’s essential that before any work tasks are carried out, the relevant risks should be identified and appropriate control measures put in place to protect against them.

All participants in the logistics chain – from owner drivers with one vehicle to large fleet operators, to shippers and warehouse operators – are likely to work with containers on a daily basis as drivers, loaders or handlers.

Accidents may happen at any stage of a container’s journey; many of these will be serious or fatal, including crushing and falls from height. These accidents may be caused by human error or failure of technical items.

Typical hazards regarding freight containers in ports:

  • Structural failure due to lack of maintenance and wear and tear
  • Structural failure due to overloading, misdeclared weight, uneven or shifted loads
  • Falls from height while working with containers
  • Crush injuries during container manoeuvring and movements
  • Exposure to fumigants used during transit or chemicals given off by cargo that may build up during transit

How the risks can be reduced

All of these can be reduced by proper planning of work and training of workers. Before any work tasks are carried out, the relevant risks should be identified through risk assessment and appropriate control measures put in place to protect against them.

Port Skills and Safety (PSS) have produced a comprehensive ‘Health & Safety in Ports’ guidance document entitled SIP003 – Guidance on Container Handling that covers these issues in more detail. Click on the link: http://www.portskillsandsafety.co.uk/publications/safety_in_ports_guidance

This document has been produced by the ports industry, with assistance from HSE, to help dutyholders understand their duties under health and safety legislation and to identify key risks. This guidance also gives examples which dutyholders can use to inform their risk assessments and procedures.

Which laws apply? (click on the links for more information)

For clarification or further information, please don’t hesitate to contact us on 07896 016380 or at Fiona@eljay.co.uk, and we’ll be happy to help.

Working at height – engineering company fined for safety breaches

Also last month, an engineering company firm was fined £10,000 plus £4,782 costs for safety failings after a member of the public witnessed workers on a fragile roof without any preventative measures to avoid risk of falling.

Redhill Magistrates’ Court heard how in September 2014, the engineering company employees were working on a fragile roof installing ventilation ducting. The risks were obvious, but nothing was in place to prevent either falling off the edge of the roof or through the roof.

Falls from height remain one of the biggest causes of deaths at work in the UK. Fortunately, no-one was injured in this incident.

Speaking after the hearing, HSE Inspector Denis Bodger said: “It is essential that all roof work is properly planned by a competent person and competent workers are clearly instructed on how to carry out the work safely. It is not acceptable to simply rely on sending the workers to site and expecting that they will carry out the work safely, as was the case here.”

Managing work at height follows a hierarchy of controls – avoid, prevent, arrest – which begins with the question – can the work be done safely from the ground? Fall restraints and safety netting should only be considered as a last resort if other safety equipment cannot be used.

For clarification or further information 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 published by GOV.UK and the Health and Safety Executive and licensed under the Open Government Licence