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

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

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

So, what should be done to prevent this risk?

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

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

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

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

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

Control of diesel engine exhaust emissions in the workplace

Legislation

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

Risk assessment (COSHH regulation 6)

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

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

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

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

Prevention and control of exposure (COSHH regulation 7)

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

Prevention

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

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

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

Control

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

Engineering controls

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

Practice and administrative controls

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

Respiratory protective equipment (RPE)

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

Use of control measures (COSHH regulation 8)

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

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

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

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

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

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

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

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

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

Personal monitoring for exposure to DEEEs

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

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

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

Fixed place monitoring

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

What substances to monitor

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

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

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

Irritancy

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

Health surveillance (COSHH regulation 11)

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

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

Information, instruction and training (COSHH regulation 12)

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

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

 

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

Quick guide to DSEAR – boat builders fined after worker suffers burns

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Boat builders fined after worker suffers burns

A boat building company has been fined after a worker suffered serious burns.

Norwich Magistrates’ Court heard how an electrician was working in the hull of the boat whilst operating a battery powered drill in June 2015. The drill was later found to have ignited fumes from ‘Propeel’, a highly flammable substance, which had been applied to the boat shortly before the incident. The injured worker suffered serious burns to his face, arms and legs.

An investigation by the Health and Safety Executive (HSE) found the hazardous substance had been applied to the boat with no safe system of work in place for its use. Company risk assessments were out of date and a less harmful substitute of the product had not been considered. Since the incident a much safer, water based alternative product has been successfully introduced.

The company pleaded guilty to breaching Regulations 5, 6 and 9 (1) of the Dangerous Substances and Explosive Atmospheres Regulations 2002 (DSEAR), was fined £12,000 and ordered to pay costs of £7163.

Speaking after the hearing HSE inspector Paul Unwin said: “While this incident gave the man life changing injuries the consequences could have been fatal. Duty holders must ensure their risk assessment process includes the substitution of hazardous and harmful products with less dangerous ones wherever possible to avoid serious incidents like this.”

The Dangerous Substances and Explosive Atmospheres Regulations 2002

The Dangerous Substances and Explosive Atmospheres Regulations 2002 (DSEAR) require employers to control the risks to safety from fire, explosions and substances corrosive to metals.

Quick guide to DSEAR

What is DSEAR?

DSEAR stands for the Dangerous Substances and Explosive Atmospheres Regulations 2002.

Dangerous substances can put peoples’ safety at risk from fire, explosion and corrosion of metal. DSEAR puts duties on employers and the self-employed to protect people from these risks to their safety in the workplace, and to members of the public who may be put at risk by work activity.

What are dangerous substances?

Dangerous substances are any substances used or present at work that could, if not properly controlled, cause harm to people as a result of a fire or explosion or corrosion of metal. They can be found in nearly all workplaces and include such things as solvents, paints, varnishes, flammable gases, such as liquid petroleum gas (LPG), dusts from machining and sanding operations, dusts from foodstuffs, pressurised gases and substances corrosive to metal.

What does DSEAR require?

Employers must:

  • find out what dangerous substances are in their workplace and what the risks are
  • put control measures in place to either remove those risks or, where this is not possible, control them
  • put controls in place to reduce the effects of any incidents involving dangerous substances
  • prepare plans and procedures to deal with accidents, incidents and emergencies involving dangerous substances
  • make sure employees are properly informed about and trained to control or deal with the risks from the dangerous substances
  • identify and classify areas of the workplace where explosive atmospheres may occur and avoid ignition sources (from unprotected equipment, for example) in those areas

For more information, visit the HSE web page http://www.hse.gov.uk/fireandexplosion/dsear.htm#quick 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 – 29TH SEPTEMBER 2016

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Safer Sites target inspections – coming to a street near you

HSE construction inspectors will be carrying out unannounced visits to sites where refurbishment projects or repair works are underway.

This year the Initiative is being undertaken as a series of two week inspections across the country, beginning 3 October 2016 ending 4 November 2016.

During this period inspectors will ensure high-risk activities, particularly those affecting the health of workers, are being properly managed.

These include:

  • risks to health from exposure to dust such as silica are being controlled
  • workers are aware of where they may find asbestos, and what to do if they find it
  • other health risks, such as exposure to noise and vibration, manual handling and hazardous substances are being properly managed
  • jobs that involve working at height have been identified and properly planned to ensure that appropriate precautions, such as proper support of structures, are in place
  • equipment is correctly installed / assembled, inspected and maintained and used properly
  • sites are well organised, to avoid trips and falls, walkways and stairs are free from obstructions and welfare facilities are adequate

Where serious breaches of legislation are found then immediate enforcement action will be taken, but inspectors will also be taking steps to secure a positive change in behaviour to ensure on-going compliance.

Health and safety breaches with clients and designers will also be followed up to reinforce their duties under CDM 2015 and to ensure that all dutyholders with on site health and safety responsibilities understand and fulfil these.

Follow the SaferSites Facebook page (https://www.facebook.com/SaferSites)  to see what inspectors find on site and keep updated throughout the initiative.

How to manage your site safely (click on the links for more info):    

For more information, visit the HSE web page: http://www.hse.gov.uk/construction/safetytopics/index.htm or contact us on 07896 016380 or 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 – 4TH AUGUST 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

How to carry out a COSHH risk assessment – worker dies from toxic gas

A medicinal herbal manufacturing company has been fined £45,000 after a worker died from exposure to a toxic gas.

The 50 year old employee was using cleaning chemicals to clean a changing room when he was exposed to a toxic gas (likely to be chlorine) and died at the scene.

An investigation by the Health and Safety Executive (HSE) into the incident which occurred in September 2014 found that he had not been trained in the safe use of chemicals and no company Control of Substances Hazardous to Health (COSHH) assessment had been carried out.

HM Inspector Stephen Farthing said: “This was a tragic industrial incident that was entirely preventable had suitable precautions been taken. [The employee] had not received any training in the safe use of hazardous chemicals and as a result died from the exposure to a toxic gas.

“Companies should ensure that they assess all the risks associated with the use of dangerous chemical and that exposure to their employees is either eliminated or minimised.”

How to carry out a COSHH risk assessment

A COSHH assessment concentrates on the hazards and risks from hazardous substances in your workplace.

Remember that health hazards are not limited to substances labelled as ‘hazardous’. Some harmful substances can be produced by the process you use, eg wood dust from sanding, or silica dust from tile cutting.

Identify the hazards

  • Identify which substances are harmful by reading the product labels and safety data sheets (SDS)
  • If you are in doubt, contact your supplier
  • Remember to think about harmful substances produced by your processes, such as cutting or grinding, or to which workers may be otherwise exposed

Decide who might be harmed and how

  • How might workers be exposed? Think about the route into the body (whether the substance can be breathed in, get onto or through the skin or can even be swallowed) and the effects of exposure by each of these routes
  • Think of how often people work with the substance and for how long
  • Think about anyone else who could be exposed
  • Don’t forget maintenance workers, contractors and other visitors or members of the public who could be exposed
  • Also think about people who could be exposed accidentally, eg while cleaning, or what happens if controls fail

Evaluate the risks and decide on precautions

Once you have carried out a risk assessment and identified which harmful substances are present, and how workers can be harmed, you need to think about preventing exposure.

  • Do you really need to use a particular substance, or is a safer alternative available?
  • Can you change the process to eliminate its use or avoid producing it? If this is not possible, you must put in place adequate control measures to reduce exposure

The measures you adopt could include the following:

Changing the process to reduce risks

  • Consider whether you can change the process you use to reduce the risk of exposure. For example, you could reduce the temperature of a process to reduce the amount of vapour getting into the air or use pellets instead of powders as they are less dusty

Containment

  • Enclose the process or activity as much as possible to minimise the escape or release of the harmful substance
  • Use closed transfer and handling systems and minimise handling of materials
  • Extract emissions of the substance near the source

Systems of work

  • Restrict access to those people who need to be there
  • Plan the storage of materials, and use appropriate containers. Check that storage containers are correctly labelled and that incompatible materials, for example acids and caustics, are separated
  • Plan the storage and disposal of waste

Cleaning

  • Exposure to hazardous substances can occur during cleaning, so plan and organise the workplace so that it can be easily and effectively cleaned
  • Smooth work surfaces will allow easy cleaning
  • Have the right equipment and procedures to clear up spillages quickly and safely
  • Clean regularly using a ‘dust-free’ method – vacuum, don’t sweep

If you have five or more employees, you must record your assessment but, even if you have fewer than five, it makes sense to write down what steps you have taken to identify the risks. And the really important part is making a list of the actions you have taken to control the risks to workers’ health.

The risk assessment should be regularly reviewed to ensure that it is kept up to date to take into account any changes in your workplace.

For more information, visit the HSE web page: http://www.hse.gov.uk/toolbox/harmful/coshh.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 – 5TH NOVEMBER 2015

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IN THIS UPDATE

Introduction

New sentencing guidelines introduced for corporate manslaughter, health and safety and food safety

Dichloromethane (DCM) Restriction: firm sentenced after worker dies after inhaling paint stripper

Dumpers: construction firm sentenced after dumper truck topple

Introduction

Last week, we looked at the Corporate Manslaughter and Corporate Homicide Act 2007, and the impact its introduction has had on companies and organisations. This week, new sentencing guidelines have been introduced for corporate manslaughter, as well as health and safety and food safety. Publication of the guidelines (by the Sentencing Council) ensures that for the first time, there will be comprehensive sentencing guidelines covering the most commonly sentenced health and safety offences and food safety offences in England and Wales.

Also, further to news last week of a motor vehicle repair company being fined £50,000 following the death of a worker after inhaling dichloromethane (DCM) fumes while cleaning a chemical paint stripping tank, we share HSE guidance on the safe working practices that should be followed where the use of paint stripper containing DCM is permitted, i.e. in industrial installations only.

And finally, we close with HSE guidance on the safe use of dumpers, following the recent sentencing of a construction firm after a worker was injured when a 10 tonne dumper truck he was driving overturned and landed in an open excavation.

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

New sentencing guidelines introduced for corporate manslaughter, health and safety and food safety

New sentencing guidelines have been published this week aiming to ensure a consistent, fair and proportionate approach to sentencing organisations or individuals convicted of corporate manslaughter, health and safety and food safety and hygiene offences.

Offences that come under the guidelines are very varied and could include a building firm that causes the death of an employee by not providing the proper equipment for working at height, a restaurant that causes an outbreak of e. coli poisoning through unsafe food preparation, a manufacturer that causes injury to a new worker by not providing training for operating machinery or a gas fitter whose sub-standard work leads to the risk of an explosion in someone’s home.

The publication of the guidelines ensures that for the first time, there will be comprehensive sentencing guidelines covering the most commonly sentenced health and safety offences and food safety offences in England and Wales. Until now, there has been limited guidance for judges and magistrates in dealing with what can be complex and serious offences that do not come before the courts as frequently as some other criminal offences.

The introduction of the guidelines means that in some cases, offenders will receive higher penalties, particularly large organisations committing serious offences – such as when an organisation is convicted of deliberately breaking the law and creating a high risk of death or serious injury. It is not anticipated that there will be higher fines across the board, or that they will be significantly higher in the majority of cases to those currently imposed.

The increase in penalties for serious offending has been introduced because in the past, some offenders did not receive fines that properly reflected the crimes they committed. The Council wants fines for these offences to be fair and proportionate to the seriousness of the offence and the means of offenders.

In order to achieve this, the guidelines set out sentencing ranges that reflect the very different levels of risk of harm that can result from these offences.

Corporate manslaughter always involves at least one death, but health and safety offences can vary hugely; they may pose the risk of minor harm or lead to multiple fatalities. Food offences are also wide-ranging. They could involve poor hygiene or preparation standards in a restaurant kitchen that put customers at risk of illness or that cause fatal food poisoning.

The sentencing ranges also take into account how culpable the offender was. This could range from minor failings in procedures to deliberately dangerous acts.

While prison sentences are available for individuals convicted of very serious offences, most offences are committed by organisations and therefore fines are the only sentence that can be given.

The guidelines use the turnover of the offender to identify the starting point of the fine. Turnover is used as this is a clear indicator that can be easily assessed.

However, turnover is never the only factor taken into account. The guidelines require the court to “step back”, review and adjust the initial fine if necessary. It must take into account any additional relevant financial information, such as the profit margin of the organisation, the potential impact on employees, or potential impact on the organisation’s ability to improve conditions or make restitution to victims. This means sentences will always be tailored to the offender’s specific circumstances. Fines may move up or down or outside the ranges entirely as a result of these additional mandatory steps.

Legislation requires that any fine imposed must reflect the seriousness of the offence and take into account the financial circumstances of the offender. All factors being equal, a similar level of fine given to a large, wealthy corporation on the one hand and a sole trader with a modest turnover on the other would be unfair, just as the same speeding fine given to a premiership footballer and someone on an average income would not achieve the same level of punishment or deterrence.

The UK’s record on worker fatalities is good, but where such offences are committed, the Council believes fines should be available which reflect the seriousness of the offence. As well as causing fatalities, health and safety offences may risk or cause a wide spectrum of injury and illness, including a life-changing disability or health condition for victims.

While addressing remedial action with offenders is the responsibility of the Health and Safety Executive rather than the courts, the guideline does provide for remedial orders to be made by the court in addition to or instead of punishment in cases where they may be appropriate. The guideline also includes a range of mitigating factors which allow for voluntary positive action to remedy a failure on the part of offenders to be reflected in sentences.

Sentencing Council member Michael Caplan QC said:

“These guidelines will introduce a consistent approach to sentencing, ensuring fair and proportionate sentences for those who cause death or injury to their employees and the public or put them at risk. These offences can have very serious consequences and it is important that sentences reflect these.”

Rod Ainsworth, Director of Regulatory and Legal Strategy at the FSA said:

“We welcome these guidelines. They will ensure that there is consistency in sentencing for food safety and food hygiene offences across the country. They will also ensure that offenders are sentenced fairly and proportionately in the interests of consumers.”

Following their publication this week, the guidelines will come into force in courts on 1 February 2016.

© Crown copyright: contains public sector information published by the Sentencing Council, and licensed under the Open Government Licence v3.0

Dichloromethane (DCM) Restriction: firm sentenced after worker dies after inhaling paint stripper

An employer has been fined £50,000 after a worker died after inhaling fumes while cleaning a chemical paint stripping tank at a motor vehicle repair company.

Dundee Sheriff Court heard how in August 2011, the worker was employed by the company to undertake general duties which included collections and deliveries, removing and replacing tyres, and moving alloy wheels into, and out of, the chemical stripping tank. He was overcome by dichloromethane vapour while attempting to remove stripping debris from within the chemical stripping tank and died as a result of his exposure to those vapours.

The Health and Safety Executive (HSE) investigation found the worker was provided with no formal training in respect of the use of the chemical stripping tank and the chemical stripping agent used by the company. Instead he was given ‘on the job’ training.

For more information about chemicals at work visit the website at http://www.hse.gov.uk/chemicals/

Dichloromethane (DCM) Restriction

A new ban on some supply and use of paint strippers containing the hazardous substance ‘dichloromethane’ (DCM, and also known as methylene chloride) is coming into force.  For the purposes of this ban, the term ‘paint stripper’ is taken to mean DCM (or mixtures containing it) intended for stripping paint, varnish or lacquer.

Pure DCM (or mixtures containing it) sold and used for other purposes (e.g. degreasing) aren’t banned and can continue to be sold and used (although not for stripping paint).

The new ban makes a distinction between three types of use:

  • ‘Industrial’ use of paint strippers in ‘industrial installations’ (i.e. facilities where paint stripping takes place) – this is allowed to continue as long as certain safe working practices are followed.
  • ‘Professional’ use by workers where this takes place away from an industrial installation. This will be banned, but UK can choose to allow continued safe use by specifically trained professionals.
  • ‘Consumer’ use by the general public, such as DIY. Supply to consumers is banned.

Industrial use

Use of DCM-based paint strippers can continue in industrial installations so long as certain safe working practices are followed. Supply for these uses is also permitted. The required conditions for continued industrial use are listed in paragraph 4 of the restriction text:

(a) effective ventilation in all processing areas, in particular for the wet processing and the drying of stripped articles: local exhaust ventilation at strip tanks supplemented by forced ventilation in those areas, so as to minimise exposure and to ensure compliance, where technically feasible, with relevant occupational exposure limits;

(b) measures to minimise evaporation from strip tanks comprising: lids for covering strip tanks except during loading and unloading; suitable loading and unloading arrangements for strip tanks; and wash tanks with water or brine to remove excess solvent after unloading;

(c) measures for the safe handling of dichloromethane in strip tanks comprising: pumps and pipework for transferring paint stripper to and from strip tanks; and suitable arrangements for safe cleaning of tanks and removal of sludge;

(d) personal protective equipment that complies with Directive 89/686/EEC comprising: suitable protective gloves, safety goggles and protective clothing; and appropriate respiratory protective equipment where compliance with relevant occupational exposure limits cannot be otherwise achieved;

(e) adequate information, instruction and training for operators in the use of such equipment.

Paint strippers supplied for industrial use must be labelled in accordance with either the CHIP Regulations or CLP, and must also be ‘visibly, legibly and indelibly marked’ with the text ‘Restricted to industrial use and to professionals approved in certain EU Member States — verify where use is allowed.’ Suppliers will wish to satisfy themselves that mixtures are being supplied for legal uses, in order to explain such a due diligence approach if challenged.

Professional (mobile) use

The ban first took effect on 6 December 2010.  Since then formulators of DCM-based paint strippers have not been allowed to put their products into the supply chain for use outside industrial installations. Suppliers could however continue to sell existing stocks to professionals or the public for a further year, until 6 December 2011. On the 6 June 2012 all use of DCM-based paint strippers by professionals outside industrial installations had to cease.

For clarification or more information, please contact us on 07896 016380 or at Fiona@eljay.co.uk, and we’ll be happy to help.

Dumpers: construction firm sentenced after dumper truck topple

A construction firm has been sentenced after a worker was injured when a 10 tonne dumper truck he was driving over turned and landed in an open excavation.

Peterborough Magistrates’ Court heard the construction firm failed to put in place measures such as stop blocks to prevent vehicles from falling into the excavation, failed to plan and implement a safe system of work, and inadequately trained the dumper truck driver.

The Health and Safety Executive (HSE) prosecuting said the incident could have easily been avoided by putting simple safety measures in place.

The driver of the truck sustained crush injuries to his wrist.

After the hearing, the HSE Inspector who investigated and prosecuted this case, said: “Accidents can be prevented by ensuring construction work is planned, managed and monitored in a way that ensures it is carried out safely from the start, including for example the use of stop blocks at the edge of excavations”.

Dumpers

What you need to do

The law says you must organise your site to segregate pedestrians and dumpers. The dumpers used must be carefully selected, maintained and operated by trained drivers. Key issues are:

  • Dumper hazards
  • Controlling the risk
  • Training and competence
  • Inspection and maintenance

What you need to know

A safe workplace for all vehicle operations must be established by separating pedestrians and vehicles and providing hazard-free traffic routes. See Traffic management (http://www.hse.gov.uk/construction/safetytopics/vehiclestrafficmanagement.htm).

Dumper hazards

Most fatal injuries involving dumpers are caused by:

  • Overturning – over 60% of dumper deaths involve the driver when the vehicle overturns;
  • Collision – most other deaths occur when pedestrians are struck by the dumper when it is reversing or going forwards on site.

Controlling the risk

It is important to select the right dumper for the job. There are a number of key factors to consider when controlling the significant hazards arising from use of dumpers. These are:

  • Gradients: Plan the work so that dumpers are used on gradients that are within their safe working capacity. Check with the manufacturer.
  • Competence: Arrange for dumpers to be driven by trained and competent operators and implement a system for supervising safe driving practice.
  • Safety devices: Check that dumpers are provided with roll-over protection and that drivers use their seatbelts.
  • Loading: Make sure loads are distributed evenly and provide purpose-built platforms for regularly transported items, eg large drums.
  • Vision: Make sure that loads do not obscure driver vision.
  • Edges: Provide wheel stops at a safe distance from edges of excavations, pits and spoil heaps to prevent site dumpers falling when tipping.

Training and competence

There are two categories of worker who must be trained and competent regarding dumper hazards and precautions:

  • Drivers should be trained, competent and authorised to operate the specific dumper. Training certificates from recognised schemes help demonstrate competence, and certificates should be checked for validity;
  • Pedestrians: should be instructed in safe pedestrian routes on site and the procedure for making drivers aware of their presence.

Inspection and maintenance

A programme of daily visual checks, regular inspections and servicing schedules should be established in accordance with the manufacturer’s instructions and the risks associated with each vehicle.

Drivers should be encouraged to report defects or problems. Reported problems should be put right quickly and the dumper taken out of service if the item is safety critical.

For clarification or more information, please 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 – 3RD SEPTEMBER 2015

IN THIS UPDATE

Introduction

HSE Refurbishment Inspection Initiative 2015

FLTA Safety Month – Safetember: see danger, speak up!

Licensing of houses in multiple occupation in England: a guide for landlords and managers

Key safety campaigns to be supported at British Safety Council’s annual conference

Introduction

Later this month, the construction industry will be the focus of HSE attention, as inspectors embark on a four week long programme of unannounced visits to sites where refurbishment projects or repairs are underway. We open this week’s update with details of the HSE’s 10th annual refurbishment inspection initiative.

Already underway is the Fork Lift Truck Association’s safety month which runs until 30th September, and during which free resources and guides will be available on the FLTA website. The campaign is now in its eighth year and aims to raise awareness of the dangers involved in fork lift operations throughout the industry and to stress the importance of common sense measures that can make lift trucks safer and more efficient.

Are you a landlord or managing agent/property manager? Do you know what constitutes a House in Multiple Occupation, and that some HMOs are required to be licensed? Read on for more information about your responsibilities, particularly in regard to health and safety.

The safety of cyclists on our roads has been highlighted in the news in recent weeks, and a ban on unsafe lorries has recently come into force in London. Work-related transport is one of the health and safety campaigns the British Safety Council will be focusing on at its conference on 23rd September. Read on to find out which other campaigns will be highlighted at the event.

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

HSE Refurbishment Inspection Initiative 2015

The HSE’s 10th annual refurbishment inspection initiative is due to take place between 14th September and 9th October 2015. Poor standards and unsafe practices on Britain’s building sites are likely to be targeted during a nationwide drive aimed at reducing ill health, death and injury in the industry.

During the annual initiative, HSE Construction Inspectors carry out unannounced visits to sites where refurbishment projects or repair works are underway, ensuring high-risk activities particularly those affecting the health of workers, are being properly managed.

What the initiative does

The main aims of the initiative are:

  • to achieve an improvement in industry standards, in particular at small sites
  • to increase awareness of HSEs expectations of the industry
  • to demonstrate that HSE will use the enforcement tools at its disposal to prevent immediate risk and bring about sustained improvements

What inspectors look for

During inspections, HSE inspectors consider whether:

  • risks to health from exposure to dust such as silica are being controlled
  • workers are aware of where they may find asbestos, and what to do if they find it
  • other health risks, such as exposure to noise and vibration, manual handling, hazardous substances are being properly managed
  • jobs that involve working at height have been identified and properly planned to ensure that appropriate precautions, such as proper support of structures, are in place
  • equipment is correctly installed / assembled, inspected and maintained and used properly
  • sites are well organised, to avoid trips and falls, walkways and stairs are free from obstructions and welfare facilities are adequate

HSE uses the inspection initiatives to reinforce its message to the construction industry that poor standards are unacceptable and liable to result in HSE taking enforcement action.

Previous campaign results:

More information on the above can be found on the HSE website www.hse.gov.uk or contact us on 07896 016380 or at Fiona@eljay.co.uk, and we’ll be more than happy to help.

FLTA Safety Month – Safetember: see danger, speak up!

Date and location

1st – 30th September 2015, throughout the month, location the FLTA website (http://fork-truck.org.uk/fork-lift-safety/national-fork-lift-safety-month)

Event overview

National Fork Lift Safety Week was launched by the Fork Lift Truck Association (FLTA) in 2008 to raise awareness of the dangers involved in fork lift operations throughout the industry and to stress the importance of common sense measures that can make lift trucks safer and more efficient.

For 2015, the Association has increased the scope into a month-long campaign throughout September, dubbing the campaign “Safetember”.

Throughout Safetember the FLTA will be making a compendium of free resources and guides available on its website. The Association will also be urging every company that works with lift trucks to genuinely empower workers with the freedom to report bad practice in a blame-free environment.

After all, this freedom is not a luxury, it is a right.

Further information

More information can be found on the FLTA website (http://fork-truck.org.uk/fork-lift-safety/national-fork-lift-safety-month), or by emailing the FLTA secretariat.

Licensing of houses in multiple occupation in England: a guide for landlords and managers

This publication is aimed at landlords and managers who manage a house in multiple occupation (HMO), or if you are not sure whether you manage an HMO. The booklet explains more about HMOs, which HMOs are required to be licensed and what other if any responsibilities there are in relation to the management of HMOs.

Not sure whether you manage an HMO?

The home you manage is a House in Multiple Occupation (HMO) if both of the following apply:

  • at least 3 tenants live there, forming more than 1 household
  • tenants share toilet, bathroom or kitchen facilities

The home you manage is a large HMO if all of the following apply:

  • it’s at least 3 storeys high
  • at least 5 tenants live there, forming more than 1 household
  • tenants share toilet, bathroom or kitchen facilities

A household is either a single person or members of the same family who live together. A family includes people who are:

  • married or living together – including people in same-sex relationships
  • relatives or half-relatives, eg grandparents, aunts, uncles, siblings
  • step-parents and step-children

Your safety responsibilities

You must keep the property you manage safe and free from health hazards.

Gas safety

You must:

  • make sure gas equipment you supply is safely installed and maintained by a Gas Safe registered engineer
  • have a registered engineer do an annual gas safety on each appliance and flue
  • give tenants a copy of the gas safety check record before they move in, or within 28 days of the check

Electrical safety

You must make sure:

  • the electrical system is safe, eg sockets and light fittings
  • all appliances you supply are safe, eg cookers and kettles

Fire safety

You must:

  • follow fire safety regulations, eg check tenants have access to escape routes at all times
  • make sure the furniture and furnishings you supply are fire safe
  • provide fire alarms and extinguishers (if the property is a large House in Multiple Occupation (HMO)

Download the publication by clicking on the link: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/15652/HMO_Lic_landlords_guide.pdf or contact us for more information on 07896 016380 or at Fiona@eljay.co.uk and we’ll be more than happy to help.

Key safety campaigns to be supported at British Safety Council’s annual conference

Health and safety campaigns such as work-related transport, occupational health and young people at work will be highlighted at the British Safety Council annual conference on 23rd September.

Work-related transport

Every year 70 people are killed and 2000 more are seriously injured in incidents involving vehicles at work. Often these incidents occur in a lorry park or yard while goods are being delivered. In many cases it is the driver who is injured.

The HSE recently ran an advertising campaign on radio and press in the North West and Midlands to raise awareness among the people who can make a real difference – depot managers and those who receive or despatch goods.

The concerns of professional drivers, about the dangers of delivery and collection of goods have also been included.

This campaign focused on how depot managers can take small practical steps to make delivery areas safer. Examples include (click on the links for more information):

Key messages

Campaign posters

Campaign radio publicity

To download, right click and select ‘save target as…’

For more advice on transport topics visit the HSE Vehicles at Work website (http://www.hse.gov.uk/workplacetransport/)

Proposal to replace OHSAS 18001 (Occupational Health & Safety Management) with ISO 45001

ISO 45001 on occupational health and safety management system requirements is currently being produced with an intended publication date of October 2016. However, it is expected that the current standard OHSAS 18001 will be valid for some time after this date and therefore companies interested in certifying should still do so, and will benefit from its implementation.

The aim of the new standard is to improve occupational health and safety for all, in developed and developing countries, and at local, national, regional and international levels.

For up to date information about the new standard, follow our health and safety news updates.

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 website (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 below links for more information:

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.