Demolition health and safety – company and contractor sentenced for uncontrolled collapse of building on high street

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The owner of a building in Kent and the contractor employed to demolish it have been fined for safety failings after an uncontrolled collapse onto a high street.

An investigation by the Health and Safety Executive (HSE) into the collapse, which occurred in November 2013, found that the contractor had failed to properly plan the work and then carried out unsafe demolition work.

The building owner did not make any enquiries into the suitability or competence of the contractor to undertake the demolition.

Neither the building owner nor the contractor applied for a road closure and members of the public were put at risk.

The building owner pleaded guilty to breaching Regulation 4(1) of the Construction (Design and Management) Regulations 2007, and was fined £160,000 and ordered to pay costs of £9128.89.

The contractor pleaded guilty to breaching Regulation 25(1) of the Construction (Design and Management) Regulations 2007, and has been sentenced to nine months imprisonment suspended for two years.

HSE inspector Andrew Cousins said after the hearing: “Lives were put at risk when this structure uncontrollably collapsed. Clients have a responsibility to appoint competent contractors to undertake hazardous work such as demolition.

“Those in control of demolition have a responsibility to plan demolition work and to devise a safe way of working that protects both the workers and members of the public.

“The job could have been safely carried out by simply undertaking the demolition behind a substantial hoarding.”

Demolition

What you need to do

The law says that all demolition, dismantling and structural alteration must be carefully planned and carried out in a way that prevents danger by practitioners with the relevant skills, knowledge and experience. Key issues are:

  • Falls from height
  • Injury from falling materials
  • Uncontrolled collapse
  • Risks from connected services
  • Traffic management
  • Hazardous materials
  • Noise and vibration
  • Fire
  • Worker involvement

What you need to know

A systematic approach to demolition projects is a team effort between many people, who all have responsibilities:

  • Clients must appoint dutyholders who have the relevant skills, knowledge and experience and where organisations, the organisational capability, and are adequately resourced.
  • Clients, with the help of the principal designer must provide those who need it (eg, designers, contractors) with pre-construction information that can reasonably be obtained. A range of surveys and reports will be needed – for example, to check for presence of asbestos; structural stability of site and nearby structures; the location of above and below ground live services in the work area; etc. These should be done before work begins and not be left for the principal contractor to organise once the demolition work has started.
  • Principal designers must plan, manage, monitor and coordinate health and safety issues in the pre-construction phase (i.e. before demolition starts) to give principal contractors as much information as possible to allow the principal contractor to keep people (site workers and the public) as far as possible from the risks.
  • Principal contractors must plan, manage, monitor and coordinate health and safety issues during the demolition work.
  • Site managers must ensure workers are supervised and are following safe working practice.
  • Sub-contractors and site workers must follow the instructions and plans given to them by those in charge of the work and ensure that their colleagues do too.

Falls from height

During demolition and dismantling, workers can be injured falling from edges, through openings, fragile surfaces and partially demolished floors.

Dutyholders have a responsibility to assess, eliminate and control the risks of falls from height. Find out more about falls from height: http://www.hse.gov.uk/construction/safetytopics/workingatheight.htm.

Injury from falling materials

Workers and passers-by can be injured by the premature and uncontrolled collapse of structures, and by flying debris.

A safe system of work is one that keeps people as far as possible from the risks. This may include:

  • establishing exclusion zones and hard-hat areas, clearly marked and with barriers or hoardings if necessary
  • covered walkways
  • using high-reach machines
  • reinforcing machine cabs so that drivers are not injured
  • training and supervising site workers

Uncontrolled collapse

The structural survey should consider:

  • the age of the structure
  • its previous use
  • the type of construction
  • nearby buildings or structures
  • the weight of removed material or machinery on floors above ground level

The method statement for the demolition should identify the sequence required to prevent accidental collapse of the structure.

Risks from connected services

Gas, electricity, water and telecommunications services need to be isolated or disconnected before demolition work begins. If this is not possible, pipes and cables must be labelled clearly, to make sure they are not disturbed.

Traffic management

Effective traffic management systems are essential on site, to avoid putting workers at risk of being hit by vehicles turning, slewing, or reversing. Where possible, vision aids and zero tail swing machines should be used. Find out more about traffic management

Hazardous materials

Hazardous materials that should to be considered include dust, asbestos and respirable crystalline silica (RCS).There may also be material or contamination on site that has not been cleared, for example:

  • acids from industrial processes
  • paints
  • flammable liquids
  • unidentified drums
  • microbiological hazards (especially in old hospital buildings).

Find out more about the control of substances hazardous to health (COSHH): http://www.hse.gov.uk/coshh/index.htm

Noise and vibration

Frequent exposure to loud noise can permanently damage a persons hearing. Noise can also create a safety risk if it makes it difficult for workers to communicate effectively or stops them hearing warning signals.

Vibrating hand tools used in demolition can cause hand-arm vibration syndrome (HAVS).Workers exposure to vibration must be managed and reduced as far as possible.

Fire

Fire is a risk where hot work (using any tools that generate spark, flame or heat) is being done. During structural alteration, the fire plan must be kept up to date as the escape routes and fire points may alter. There must be an effective way to raise the alarm.

Worker involvement

Everyone involved must to know what precautions are to be taken on site. Workplaces where employees are involved in taking decisions about health and safety are safer and healthier. Your employees are often the best people to understand the risks in their workplace. Find out more about involving your workers in health and safety: http://www.hse.gov.uk/involvement

Resources

Leaflets

Books

Useful links – other HSE sites

The law

For more information, visit the HSE web page: http://www.hse.gov.uk/construction/safetytopics/demolition.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

 

 

Safe maintenance – packaging manufacturer in court over workplace injury

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Packaging manufacturer in court over workplace injury

A supplier of corrugated packaging has been fined £400,000 after a maintenance employee was injured when he was pulled into machinery.

The injured person was repairing a cardboard printing, slotting and forming machine at the packaging plant when he put his foot onto an exposed conveyor and was dragged into the machine’s moving parts.

Wolverhampton Crown Court heard that the packaging company allowed uncontrolled maintenance work to take place without any assessment of the risks posed by maintenance activities or having procedures in place for safe maintenance.

A Health and Safety Executive (HSE) investigation found that the machinery had a ‘jog mode’ which could have been set up to enable such maintenance work to be carried out safely, but the company had not identified this, trained staff to use it or enforced its use.

Speaking after the case, HSE Inspector Caroline Lane said: “The company relied on the experience of maintenance employees rather than controlling risks through careful assessment and putting safe systems of work in place.

In summing up, his Honour Judge Berlin considered the maintenance practices used by [the packaging company] to be ‘utterly dangerous’ and the risk to workers was wholly avoidable”.

Safe maintenance

Hazards during maintenance

What is maintenance?

In this context, maintenance simply means keeping the workplace, its structures, equipment, machines, furniture and facilities operating safely, while also making sure that their condition does not decline. Regular maintenance can also prevent their sudden and unexpected failure.

There are two main types of maintenance:

  • preventive or proactive maintenance – periodic checks and repairs; and
  • corrective or reactive maintenance – carrying out unforeseen repairs on workplace facilities or equipment after sudden breakage or failure. This is usually more hazardous than scheduled maintenance.

Why is it an issue?

Maintenance-related accidents are a serious cause of concern. For example, analysis of data from recent years indicates that 25-30% of manufacturing industry fatalities in Great Britain were related to maintenance activity.

Undertaking maintenance activities can potentially expose the workers involved (and others) to all sorts of hazards, but there are four issues that merit particular attention because of the severity of the harm that could be involved, and because they are commonly encountered during plant and building maintenance.

The health consequences of disturbing asbestos when drilling holes into the building fabric or replacing panels can be severe, as can the clean up costs involved.

Maintenance work often involves using access equipment to reach roofs, gutters, building services, and raised sections of plant and machinery. It can be all too easy to fall from these positions, or to drop things onto people beneath.

Isolation and lock off arrangements, and in some cases permits to work, are essential to enable maintenance work to be conducted safely.

Heavy items sometimes have to be moved, or get disturbed, during maintenance work. If one of these falls, the results can be fatal. There may well be cranes, fork lift trucks or props available for use, but maintenance tasks can sometimes involve one-off situations and the handling of heavy loads isn’t always properly planned.

You may do some or most of your plant and building maintenance in-house, but there will always be tasks that are too big or specialised and require contractors. To enable both in-house and contracted staff to work in safety you will need to properly brief them on your site and processes, and you will need them to follow safe working practices.

For more information, visit the HSE web page: http://www.hse.gov.uk/safemaintenance/index.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

 

 

Need building work done? A short guide for clients (building owners, users or managing agents) on the Construction (Design and Management) Regulations 2015

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This guidance is aimed at you if you are a building owner, user or managing agent and are having maintenance, small-scale building work or other minor works carried out in connection with a business – as you will be a client with legal duties under the Construction (Design and Management) Regulations 2015 (CDM 2015).

Following the simple steps below will help you meet your responsibilities as a client and ensure construction work and repairs are undertaken safely and without damaging worker’s and other people’s health.

What does CDM 2015 do?

Complying with CDM 2015 will help ensure that no-one is harmed during the work, and that your building is safe to use and maintain while giving you good value. Effective planning will also help ensure that your work is well managed with fewer unexpected costs and problems.

What do clients need to do?

Many clients, particularly those who only occasionally have construction work done, are not experts in construction work. Although you are not expected to actively manage or supervise the work yourself, you have a big influence over the way the work is carried out. Whatever the size of your project, you decide which designer and contractor will carry out the work and how much money, time and resource is available. The decisions you make have an impact on the health, safety and welfare of workers and others affected by the work.

CDM 2015 is not about creating unnecessary and unhelpful processes and paperwork. It is about choosing the right team and helping them to work together to ensure health and safety.

As a client, you need to do the following.

  1. Appoint the right people at the right time

If more than one contractor will be involved, you will need to appoint (in writing) a principal designer and a principal contractor.

A principal designer is required to plan, manage and coordinate the planning and design work.  Appoint them as early as possible so they can help you gather information about the project and ensure that the designers have done all they can to check that it can be built safely.

A principal contractor is required to plan, manage and coordinate the construction work. Appoint them as early as possible so they are involved in discussions with the principal designer about the work.

Getting the right people for the right job means your designers and your contractors need to have the skills, knowledge and experience to identify, reduce and manage health and safety risks. This is also the case if they are a company (known as having ‘organisational capability’ for the job). The designers and the contractors should be able to give references from previous clients for similar work and explain to you how they will achieve this.

Professional bodies can help you choose your architect and other designers. The Safety Schemes in Procurement (SSIP) website has lists of businesses which have been assessed on their health and safety management. A contractor may be a member of a trade association.

  1. Ensure there are arrangements in place for managing and organising the project

The work is more likely to be done without harming anyone and on time if it is properly planned and managed. Sometimes the work is complex and uses many different trades. Often it involves high-risk work such as the work listed in the bulleted list below. The principal designer should understand these types of risks and try to avoid them when designing your project. The principal contractor or builder should manage the risks on site.

These are the biggest causes of accidents and ill health in construction work, and your designer and contractor can manage the risks by doing the following.

Falls from height:

  • Make sure ladders are in good condition, at a 1:4 angle and tied or footed.
  • Prevent people and materials falling from roofs, gable ends, working platforms and open edges using guardrails, midrails and toeboards.
  • Make sure fragile roof surfaces are covered, or secure working platforms with guard rails are used on or below the roof.

Collapse of excavations:

  • Shore excavations; cover or barrier excavations to prevent people or vehicles from falling in.

Collapse of structures:

  • Support structures (such as walls, beams, chimney breasts and roofs) with props; ensure props are installed by a competent person.

Exposure to building dusts:

  • Prevent dust by using wet cutting and vacuum extraction on tools; use a vacuum cleaner rather than sweeping; use a suitable, well-fitting mask.

Exposure to asbestos:

  • Do not start work if it is suspected that asbestos may be present until a demolition/refurbishment survey has been carried out.

Electricity:

  • Turn the electricity supply and other services off before drilling into walls.
  • Do not use excavators or power tools near suspected buried services.

Protect members of the public, the client, and others:

  • Secure the site; net scaffolds and use rubbish chutes.

Discuss with your designer and builder before work starts and throughout the build how these risks are being managed.

  1. Allow adequate time

Work that is rushed is likely to be unsafe and of poor quality. Allow enough time for the design, planning and construction work to be undertaken properly.

  1. Provide information to your designer and contractor

Your designer and builder will need information about what you want built, the site and existing structures or hazards that may be present such as asbestos, overhead cables, and buried services. Providing this information at an early stage will help them to plan, budget and work around problems. Your principal designer can help you gather this information.

Putting together a ‘client brief’ at the earliest stages which includes as much information as you have about the project, along with the timescales and budget for the build and how you expect the project to be managed can help you to set the standards for managing health and safety.

  1. Communicate with your designer and building contractor

Your project will only run efficiently if everyone involved in the work communicates, cooperates and coordinates with each other.

During the design and planning stage, you, your designer and contractor need to discuss issues affecting what will be built, how it will be built, how it will be used and how it will be maintained when finished. This will avoid people being harmed or having unexpected costs because issues were not considered when design changes could still easily be made.

Meeting with your designer and contractor as the work progresses gives an opportunity to deal with problems that may arise and discuss health and safety. This will help to ensure that the work progresses as planned.

  1. Ensure adequate welfare facilities on site

Make sure that your contractor has made arrangements for adequate welfare facilities for their workers before the work starts. See the HSE publication Provision of welfare facilities during construction work (see ‘Further reading’).

  1. Ensure a construction phase plan is in place

The principal contractor (or contractor if there is only one contractor) has to draw up a plan explaining how health and safety risks will be managed. This should be proportionate to the scale of the work and associated risks and you should not allow work to start on site until there is a plan.

  1. Keep the health and safety file

At the end of the build the principal designer should give you a health and safety file. If the principal designer leaves before the end of the project, the principal contractor (or contractor if there is only one contractor) should do this. It is a record of useful information which will help you manage health and safety risks during any future maintenance, repair, construction work or demolition. You should keep the file, make it available to anyone who needs to alter or maintain the building, and update it if circumstances change.

  1. Protecting members of the public, including your employees

If you are an employer, or you have members of the public visiting your premises, you need to be sure that they are protected from the risks of construction work.

Discuss with your designer and contractor how the construction work may affect how you run your business, eg you may have to re-route pedestrian access; make sure signs to your entrance are clear; or change the way your deliveries operate.

  1. Ensure workplaces are designed correctly

If your project is for a new workplace or alterations to an existing workplace (eg a factory or office), it must meet the standards set out in the Workplace (Health, Safety and Welfare) Regulations 1992 (see ‘Further reading’).

Notifying construction projects

For some construction work (work lasting longer than 30 days with more than 20 workers working at the same time, or involving 500 person days of work), you need to notify HSE of the project as soon as possible before construction work starts. In practice, you may request someone else to do this on your behalf.

How can you find out more?

Your principal designer or principal contractor will be able to advise you on your duties.

Why you should comply with your duties as a client

If you do not comply with CDM 2015, you are likely to be failing to influence the management of health and safety on your project. This means that your project could be putting workers and others at risk of harm, and that the finished structure may not achieve good standards and be value for money.

If you don’t appoint a principal designer or principal contractor you will be responsible for the things that they should have done.

Serious breaches of health and safety legislation on your construction project could result in construction work being stopped by HSE or your local authority and additional work may be needed to put things right. In the most serious circumstances, you could be prosecuted.

Fee for Intervention

HSE now recovers the costs of time spent dealing with material breaches of health and safety law. This is known as Fee for Intervention (FFI). FFI applies when an inspector finds something wrong that they believe is serious enough for them to write to you about. A fee is charged for the time spent by the inspector in sorting it out. Following the simple guidance in this leaflet may help you to avoid having to pay a fee.

Further reading

CONIAC industry guides http://www.citb.co.uk/health-safety-and-other-topics/health-safety/construction-design-and-management-regulations/cdm-guidance-documents/

Construction phase plan (CDM 2015): What you need to know as a busy builder Construction Information Sheet CIS80 HSE Books 2015 www.hse.gov.uk/pubns/cis80.htm

Health and safety in construction HSG150 (Third edition) HSE Books 2006 ISBN 978 0 7176 6182 4 www.hse.gov.uk/pubns/books/hsg150.htm

Managing health and safety in construction. Construction (Design and Management) Regulations 2015. Guidance on regulations L153 HSE Books 2015 ISBN 978 0 7176 6626 3 www.hse.gov.uk/pubns/books/l153.htm

Provision of welfare facilities during construction work Construction Information Sheet CIS59 HSE Books 2010 www.hse.gov.uk/pubns/cis59.htm

Workplace health, safety and welfare. Workplace (Health, Safety and Welfare) Regulations 1992. Approved Code of Practice and guidance L24 (Second edition) HSE Books 2013 ISBN 978 0 7176 6583 9 www.hse.gov.uk/pubns/books/l24.htm

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

 

 

HEALTH & SAFETY NEWS UPDATE – 6TH OCTOBER 2016

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

Roof work – contractor seriously injured in fragile skylight fall

A London exhibition venue firm and a building contractor have been fined for safety failings after a specialist contractor fell through a fragile skylight.

Westminster Magistrates’ Court heard how the exhibition venue firm allowed workers to cross an unsafe roof, which contained three fragile skylights and open edges, and failed to prevent contractors crossing the same unsafe roof on a number of occasions.

The court also heard that the building contractor, who had been appointed by the exhibition venue firm to undertake repair work at the site, had led a specialist lead contractor over the unsafe roof in May 2015. As he walked over the unsafe roof the lead contractor fell through a skylight, falling 5.5m. He suffered serious injuries including a shattered pelvis, broken wrist, and a broken elbow.

An investigation by the Health and Safety Executive (HSE) into the incident found that the exhibition venue firm failed to ensure that access to and from the areas of the roof which required repair was suitable and safe, and that sufficient measures were in place to protect against the risks of falling from height.

The building contractor failed to ensure that the job of accessing and then inspecting the auditorium roof was properly planned.

The exhibition venue firm pleaded guilty to breaching Sections 2(1) and 3(1) of the Health and Safety at Work etc Act 1974, was fined £300,000 and ordered to pay costs of £2925.56

The building contractor pleaded guilty to breaching Regulation 4(1)(a) of the Work at Height Regulations 2005, and was fined £4,000 and also ordered to pay costs of £2925.56

Roof work

What you need to do

The law says you must organise and plan all roof work so it is carried out safely.

All work on roofs is highly dangerous, even if a job only takes a few minutes. Proper precautions are needed to control the risk.

Those carrying out the work must be trained, competent and instructed in use of the precautions required. A ‘method statement’ is the common way to help manage work on roofs and communicate the precautions to those involved.

On business premises contractors should work closely with the client and agree arrangements for managing the work.

Key issues are:

What you need to know

Everyone involved in managing or carrying out work on roofs should be aware of the following facts:

  • High risk: almost one in five deaths in construction work involve roof work. Some are specialist roofers, but many are just repairing and cleaning roofs.
  • Main causes: the main causes of death and injury are falling from roof edges or openings, through fragile roofs and through fragile rooflights.
  • Equipment and people: many accidents could be avoided if the most suitable equipment was used and those doing the work were given adequate information, instruction, training and supervision.

Safe access

Safe access to a roof requires careful planning, particularly where work progresses along the roof.

Typical methods to access roofs are:

  • general access scaffolds;
  • stair towers;
  • fixed or mobile scaffold towers;
  • mobile access equipment;
  • ladders; and
  • roof access hatches.

Roof edges and openings

Falls from roof edges occur on both commercial and domestic projects and on new build and refurbishment jobs. Many deaths occur each year involving smaller builders working on the roof of domestic dwellings

  • Sloping roofs: sloping roofs require scaffolding to prevent people or materials falling from the edge. You must also fit edge protection to the eaves of any roof and on terraced properties to the rear as well as the front. Where work is of short duration (tasks measured in minutes), properly secured ladders to access the roof and proper roof ladders may be used.
  • Flat roofs: falls from flat roof edges can be prevented by simple edge protection arrangements – a secure double guardrail and toeboard around the edge.

Fragile surfaces

Always follow a safe system of work using a platform beneath the roof where possible. Work on or near fragile roof surfaces requires a combination of stagings, guard rails, fall restraint, fall arrest and safety nets slung beneath and close to the roof.

  • Fragile roofs: all roofs should be treated as fragile until a competent person has confirmed they are not. Do not trust any sheeted roof, whatever the material, to bear a the weight of a person. This includes the roof ridge and purlins.
  • Fragile rooflights are a particular hazard. Some are difficult to see in certain light conditions and others may be hidden by paint. You must provide protection in these areas, either by using barriers or covers that are secured and labelled with a warning.

See Fragile surfaces  for more detailed information: http://www.hse.gov.uk/construction/safetytopics/fragile.htm

For more information visit the HSE web page: http://www.hse.gov.uk/construction/safetytopics/roofwork.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 – 11TH FEBRUARY 2016

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IN THIS UPDATE

Introduction

Scrap and metal recycling – firm fined after fatality at waste recycling site

Tree work health and safety – college fined after tree felling injury

Construction work at height – company fined after carrying out dangerous window installation work eight-metres above a West End street

Introduction

It’s now 18 months since representatives from the waste management and recycling industry came together to form the Waste Industry Safety and Health (WISH) forum, their aim being to identify, devise and promote activities to improve industry health and safety standards. At the same time (2014/15), the waste industry was one of the few sectors witnessing a rise in incidents of fatal injuries, with 11 reported from April 2014 to March 2015. This was a 120% increase on the previous year. We open this week’s update with HSE guidance on the topic, following news of a scrap metal recycling company being fined £120,000 plus £40,000 costs after the death of a worker.

Another industry classed as one of the most dangerous in Britain, is tree work. A college in Surrey has recently been fined £70,000 plus costs after a student was struck on the leg by a tree as it was being felled, so we’re also sharing guidance this week on tree work health and safety.

And finally, after news of a window manufacturing and installation company being fined £36,000 after carrying out work in the West End of London with no measures to prevent the workers falling eight metres (and after dropping part of a window onto the public area below), we close this week’s update with HSE guidance on working at height in construction.

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

Scrap and metal recycling – firm fined after fatality at waste recycling site

A scrap metal recycling company based in Sheffield has been fined £120,000 plus £40,000 costs for safety failings after a worker was killed when he was hit in the head by an exploding gas cylinder.

Sheffield Crown Court heard how the worker, aged 55, was working at the recycling site in June 2009 when a pressurised gas cylinder was put through a shearing machine causing it to explode. A large section of the cylinder hit him in the head causing fatal injuries.

An investigation by the Health and Safety Executive (HSE) found a number of safety failures by the recycling company. They had no effective health and safety management system in place and failed to adequately assess the risks involved with processing different types of scrap material. The company also failed to put in place a range of measures to reduce the risks, for example by providing a blast wall.

After the hearing, HSE inspector Kirsty Storer commented: “Companies processing different materials should have good, documented systems to ensure materials such as pressurised cylinders are sorted and dealt with correctly. Workers also need to be properly trained and supervised.

“In addition where safeguards are provided they need to be well maintained, and an assessment should be carried out to determine any additional precautions that might be required, such as a pit or blast wall.”

Scrap and metal recycling

Introduction

The greater part of the scrap and metal recycling industry processes ferrous and non ferrous metal scrap into vital secondary raw material for the smelting of new metals.

The scrap and metal recycling industry has consistently had a poor fatal accident rate for several years.

The main risks include (click on the links for more information):

The main Trade Associations dealing with this industry include the British Metals Recycling Association (BMRA) and the Motor Vehicle Dismantlers Association

End of Life Vehicles (ELV)

The introduction of the End of Life Vehicle Regulations has resulted in a significant change to the make up of the scrap industry as every vehicle scrapped now has to be de-polluted and waste materials accounted for.

For more information see Motor vehicle dismantling (http://www.hse.gov.uk/waste/dismantling.htm).

Waste Electrical and Electronic Equipment (WEEE)

This is a rapidly growing and highly specialised part of the metals recycling industry. Large household appliances (e.g. ovens, fridges, washing machines) make up over 40% of WEEE but there are large volumes of other equipment such as IT equipment (mainly computers), televisions (cathode ray tube and flat screen), small household appliances (e.g. kettles and hair dryers), electrical tools, digital watches, electronic toys and medical devices.

Such items contain a wide variety of materials e.g. an average TV contains 6% metal and 50% glass, whereas a cooker is 89% metal and only 6% glass. Other materials found include plastics, ceramics and precious metals.

For more information see Waste Electrical and Electronic Equipment recycling (http://www.hse.gov.uk/waste/waste-electrical.htm).

Disposal of aerosols

Each year the UK uses around 600 million aerosols, which is equivalent to about ten cans per person. With approximately 65 per cent of aerosols made from tin-plated steel, and the rest from high-grade aluminium and this represents almost 30,000 tonnes of reclaimable metal that can be recycled each year.

Householders should only put empty used aerosols in can banks or kerbside collections. They should not be segregated or concentrated into batches as the best safest way for consumers to recycle aerosol cans is to mix in with other metal waste – this serves to  ‘dilute’ the proportion of aerosols in the total mix.  Householders should not pierce or squash aerosol cans before disposal.

Many local authorities are successfully including collection of aerosols in their kerbside or mixed waste collection schemes.

For mixed waste processed at a Material Recycling Facility (MRF), as far as is possible, only aerosols derived from the domestic waste stream should be handled by the MRF. At the MRF aerosols can be baled, flattened or shredded but this must only be done where appropriate precautions are in place

The British Aerosol Manufacturers Association (BAMA) provides guidance on the collection and processing of “empty” or “near empty” cans by local authorities when processed through MRFs. Advice on the recycling of empty post-consumer aerosols (http://www.bama.co.uk/pdf/recycling_post_consumer.pdf) recovered through MRFs is available on the BAMA website.

When disposing of full or partly full aerosol canisters in bulk then they need to be treated as hazardous waste and disposed of safely.  It is also recommended that aerosols from the commercial waste stream be directed to specialist recycling facilities

Further guidance on the safe disposal of aerosols can be found in the following sources (click on the links for more information):

Radioactive contamination in scrap in metal recycling

Click on the link for more information: http://www.hse.gov.uk/waste/radioactive-contamination.htm

Scrap Metal Dealer Licence Applications

Under the Scrap Metal Dealers Act 2013 and related Regulations local authorities (councils) are responsible for determining the suitability of applicants and issuing of scrap metal dealers licences.

Information on health and safety enforcement action, both prosecutions and enforcement notices is publically available on HSE’s Register of prosecutions and notices (http://www.hse.gov.uk/enforce/prosecutions.htm) should councils wish to consider health and safety offences as part of the application.

HSE will not routinely respond to requests from councils about applicants.

Other HSE guidance and advice (click on the links for more information)

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

Tree work health and safety – college fined after tree felling injury

A college in Surrey has been fined £70,000 plus costs after a student was struck on the leg by a tree as it was being felled.

Redhill Magistrates’ Court heard how the campus supervisor at the college instructed an employee and part of the estates team, to take two work experience students to fell a tree.

While the tree was being cut two students arrived to observe the operation. The falling tree hit one of the students who was observing, causing fractures to one of his legs.

An investigation by the Health and Safety Executive into the incident, which occurred in May 2015, found that there was insufficient training given to fell the tree competently. There was inadequate supervision and the risk assessments were not sufficient and had not been followed.

Tree work health and safety

HSE’s Tree Work website allows those involved in forestry and arboriculture both high risk industries to find sector specific information on health and safety quickly.

It is most relevant to Arborists, tree surgeons and forestry workers and will help you find essential information and guidance on good practice including training and PPE which are essential.

See also the safety and health topic sections on managing risks: http://www.hse.gov.uk/treework/safety-topics/index.htm

Are you a…?

Tree work is carried out from time-to-time in many sectors but is particularly important in Forestry and Arboriculture. Clink on the links for more information:

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

Construction work at height – company fined after carrying out dangerous window installation work eight-metres above a West End street

A company which manufactured and installed windows has been fined £36,000 after carrying out work in the West End of London with no measures to prevent the workers falling eight metres and after dropping part of a window onto the public area below.

Westminster Magistrates’ Court heard the company carried out window installation work at a property on Park Street, London, in January 2015 that put their workers and members of the public at risk of suffering serious injuries or a fatality.

The Health and Safety Executive (HSE) carried out an investigation into the work after a member of the public provided photos of workers leaning out of window openings eight meters above the ground. They also provided a video showing the workers dropping part of a window which fell to the ground and missed a nearby pedestrian.

The company had failed to provide equipment such as scaffolding which would have prevented the workers and window falling. None of the workers had received any formal training and no one was appointed to supervise the work.

The risks associated with the work had not been sufficiently assessed. The court heard the company had failed to invest in equipment for working at height and had a health and management system which relied entirely on the company’s managing director, despite his lack of relevant training and experience.

The work was halted when HSE served a Prohibition Notice (PN). The court heard the company had previously been given advice by HSE in connection with work at height and that an audit by their bank had previously identified a range of relevant health and safety failings. The court heard that neither written warning was heeded by the firm.

Construction work at height

Scaffold checklist

A guide for when scaffold design is required and what level of training and competence those erecting, dismantling, altering, inspecting and supervising scaffolding operations are expected to have obtained. Click on the link: http://www.hse.gov.uk/construction/safetytopics/scaffoldinginfo.htm

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.

Assessing work at height – Assess the risks, take precautions, and issue clear method statements for everyone who will work at height. Click on the link: http://www.hse.gov.uk/construction/safetytopics/assess.htm

Roof work – Plan safe access, and prevent falls from edges and openings. Click on the link: http://www.hse.gov.uk/construction/safetytopics/roofwork.htm

Fragile surfaces – The hierarchy of controls for working on or near fragile surfaces is avoid, control, communicate, co-operate. Click on the link: http://www.hse.gov.uk/construction/safetytopics/fragile.htm

Ladders – When it’s appropriate to use ladders – and the three key safety issues – position, condition and safe use. Click on the link: http://www.hse.gov.uk/construction/safetytopics/ladders.htm

Tower scaffolds – Select the right tower for the job; erect, use, move and dismantle the tower safely; ensure that it is stable; inspect it regularly; prevent falls. Click on the link: http://www.hse.gov.uk/construction/safetytopics/scaffold.htm

For more information visit the HSE web page http://www.hse.gov.uk/construction/safetytopics/workingatheight.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 – 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

REGISTER BELOW-LEFT TO RECEIVE OUR UPDATES BY EMAIL

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

 

 

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.