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

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

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

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

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

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

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

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

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

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

COSHH and bakers – key messages

Substances hazardous to health in baking include:

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

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

Control measures include:

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

Example: Flour dust

Flour dust can cause asthma when breathed in.

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

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

Employees

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

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

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

For advice on preventing and managing musculoskeletal disorders, visit the HSE web page http://www.hse.gov.uk/msd/. Alternatively, contact us about any of the above-mentioned issues, on 07896 016380 or at fiona@eljay.co.uk, and we’ll be happy to help

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

 

 

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

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

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

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

HSE Chair Martin Temple said:

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

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

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

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

Martin Temple continued:

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

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

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

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

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

The HSE Chair added:

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

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

Further information on these statistics can be found at http://www.hse.gov.uk/statistics. For more information on any of the above topics, visit the HSE website www.hse.gov.uk, or contact us on 07896 016380 or at fiona@eljay.co.uk, and we’ll be happy to help.

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

 

 

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

 

 

Health and safety for older workers – UK’s longest serving employee, aged 89, has no plans to retire

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Following the recent news of an 89 year old accountant becoming the UK’s longest serving employee, after working for the same engineering firm for 70 years, we’re sharing HSE guidance this week on health and safety for older workers.

Introduction

Today’s workforce is likely to contain a higher proportion of older workers because of factors such as increased life expectancy, removal of the default retirement age and raising of the State Pension Age, which means that many people will need, and want to continue working.

Employers have the same responsibilities for the health and safety of older employees as they have for all their employees.

This guidance will help employers take older workers into account when considering how to meet their responsibilities.

Dispelling the myths

Health and safety should not be used as an excuse to avoid employing older people. A separate risk assessment is not required specifically for older workers.

Research that has been carried out on age and employment is listed in the resources and useful links section of this guidance (http://www.hse.gov.uk/vulnerable-workers/older-workers.htm#useful) and includes the following findings:

  • That instead of being unfit to work due to ageing and ill health, 62 per cent of over 50s describe themselves as feeling as fit as ever, with structural and (other people’s) attitudinal barriers thwarting their ability to stay involved.
  • Some employers can have stereotyped views of the abilities and attitudes of older workers.
  • That key elements of cognitive performance important for workplace health and safety, such as intelligence, knowledge, and use of language, do not generally show any marked decrease until after the age of 70.
  • Where decline in cognitive abilities such as working memory and reaction time does occur, there is evidence that safe performance of tasks is unlikely to be affected, as older individuals can generally compensate for them with experience, better judgement and job knowledge.
  • Strong evidence that, although speed of learning tends to slow with age, older workers can generally achieve a good standard in learning and performing new skills, given additional time and practice.
  • Little conclusive evidence that older workers have an increased risk of occupational accidents than younger workers. However, while older workers are generally less likely than younger workers to have occupational accidents, accidents involving them are likely to result in more serious injuries, permanent disabilities or death, than for younger workers. Older workers may experience more slips, trips and falls than younger workers, and recovery following an injury may take longer.

Guidance for employers

Older workers bring a broad range of skills and experience to the workplace and often have better judgement and job knowledge, so looking after their health and safety makes good business sense.

You should:

  • Review your risk assessment if anything significant changes, not just when an employee reaches a certain age
  • Not assume that certain jobs are physically too demanding for older workers, many jobs are supported by technology, which can absorb the physical strain.
  • Think about the activities older workers do, as part of your overall risk assessment and consider whether any changes are needed. This might include:
  • allowing older workers more time to absorb health and safety information or training, for example by introducing self-paced training.
  • introducing opportunities for older workers to choose to move to other types of work.
  • designing tasks that contain an element of manual handling in such a way that they eliminate or minimise the risk.
  • Think about how your business operates and how older workers could play a part in helping to improve how you manage health and safety risks. This might include having older workers working alongside colleagues in a structured programme, to capture knowledge and learn from their experience.
  • Avoid assumptions by consulting and involving older workers when considering relevant control measures to put in place. Extra thought may be needed for some hazards. Consultation with your employees helps you to manage health and safety in a practical way.

Further information

Guidance for older workers

As an employee, you have a duty to take care of your own health and safety, and that of others who may be affected by your actions.

You must cooperate with your employer and other employees to help everyone meet their legal requirements.

If you have specific queries or concerns about your health and safety or if you are experiencing difficulty in carrying out your work, you should raise this with your employer.

Further information

The law

Under health and safety law, employers must ensure, so far as is reasonably practicable, the health and safety of all their employees, irrespective of age.

Employers must also provide adequate information, instruction, training and supervision to enable their employees to carry out their work safely.

Management of Health and Safety at Work Regulations 1999 (MHSWR)

Under the Management of Health and Safety at Work Regulations 1999, employers have a duty to make a suitable and sufficient assessment of the workplace risks to the health and safety of his employees. This includes identifying groups of workers who might be particularly at risk, which could include older workers.

Equality Law

Discrimination in respect of age is different from all other forms of direct discrimination in that it can be justifiable if it is a proportionate means of achieving a legitimate end, such as considering changes to work that may be needed to ensure older workers can remain in the workforce.

The Equality and Human Rights Commission (EHRC) provides information and further advice on age discrimination: http://www.equalityhumanrights.com/about-us/about-commission/our-vision-and-mission/our-business-plan/age-equality

For more information, visit the HSE web page: http://www.hse.gov.uk/vulnerable-workers/older-workers.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

 

 

Advice for employers of outdoor workers (council refuses to supply gardeners with sun screen in case they are allergic)

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The HSE ‘Myth Busters Challenge Panel’ Case 351 is the subject of this week’s news update.

‘Health and Safety’ is often incorrectly used as a convenient excuse to stop what are essentially sensible activities going ahead. The Health and Safety Executive has set up an independent panel – the Myth Busters Challenge Panel – to scrutinize such decisions.

The Panel is chaired by the HSE Chair, supported by a pool of independent members who represent a wide range of interests. This includes small businesses, public safety, Trade Unions, the insurance industry and others.

This Panel looks into enquiries regarding the advice given by non-regulators such as insurance companies, health and safety consultants and employers and, quickly assess if a sensible and proportionate decision has been made. They want to make clear that “health and safety” is about managing real risks properly, not being risk averse and stopping people getting on with their lives.

If you think a decision or advice that you have been given in the name of health and safety is wrong, or disproportionate for the activity you are doing, you can contact the panel here: http://www.hse.gov.uk/contact/contact-myth-busting.htm. But please note this is not the right route into HSE for raising a concern or complaint about your workplace, or for general enquires. Instead, go here (http://webcommunities.hse.gov.uk/connect.ti/concernsform/answerQuestionnaire?qid=594147) to raise a workplace health and safety concern, here (http://www.hse.gov.uk/contact/complaints.htm) to make a complaint, or here (http://webcommunities.hse.gov.uk/connect.ti/advice/answerQuestionnaire?qid=593891) to get advice.

Issue (Case 351)

A council would not supply their gardeners with sun screen during hot weather as it was a health and safety issue as someone may be allergic.

Panel opinion

The council is not obliged to provide sun screen to outdoor workers, but there is nothing under health and safety law to prevent it doing so. HSE encourages employers to provide advice on sun protection for those who work outside for most of the day including using sun screen to prevent long term health damage.

Skin at work: Outdoor workers and sun exposure

What is the problem?

Too much sunlight is harmful to your skin. A tan is a sign that the skin has been damaged. The damage is caused by ultraviolet (UV) rays in sunlight.

Who is at risk?

If work keeps you outdoors for a long time your skin could be exposed to more sun than is healthy for you. Outdoor workers that could be at risk include farm or construction workers, market gardeners, outdoor activity workers and some public service workers. You should take particular care if you have:

  • fair or freckled skin that doesn’t tan, or goes red or burns before it tans;
  • red or fair hair and light coloured eyes;
  • a large number of moles.

People of all skin colours should take care to avoid damage to the eyes, overheating and dehydration.

What are the harmful effects?

In the short term, even mild reddening of the skin from sun exposure is a sign of damage. Sunburn can blister the skin and make it peel.

Longer term problems can arise. Too much sun speeds up ageing of the skin, making it leathery, mottled and wrinkled. The most serious effect is an increased chance of developing skin cancer.

What can you do to protect yourself?

  • Keep your top on.
  • Wear a hat with a brim or a flap that covers the ears and the back of the neck.
  • Stay in the shade whenever possible, during your breaks and especially at lunch time.
  • Use a high factor sunscreen of at least SPF15 on any exposed skin.
  • Drink plenty of water to avoid dehydration.
  • Check your skin regularly for any unusual moles or spots. See a doctor promptly if you find anything that is changing in shape, size or colour, itching or bleeding.

Where can you get further information?

The following free leaflets have been produced by HSE:

The following website also provides useful information:

For more information, click on the above links 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

 

 

Vehicles at work and reversing – three companies fined in same week after two separate fatalities

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In the last week, a construction company and groundwork contractor, along with a farm and its owner, have been fined after two separate incidents involving fatalites resulting from being struck by reversing vehicles.

In the first case, the construction company and groundwork contractor failed to ensure the safe movement of pedestrians and vehicles on their site. In the second case, the farm and owner failed to ensure the vehicle was maintained. It was found to be in poor condition, with dirty and badly positioned mirrors, and dirty glass in the cab, resulting in compromised visibility.

Reversing vehicles

What’s the problem?

Nearly a quarter of all deaths involving vehicles at work occur during reversing. Many other reversing accidents do not result in injury but cause costly damage to vehicles, equipment and premises.

Most of these accidents can be avoided by taking simple precautions, such as those below.

Guidance

Remove the need for reversing altogether, by setting up one-way systems, for example drive-through loading and unloading positions. Where reversing is unavoidable, routes should be organised to minimise the need for reversing.

Ensure visiting drivers are familiar with the layout of the workplace, and with any site rules. Do drivers have to report to reception on arrival?

In locations where reversing cannot be avoided:

  • ‘Reversing areas’ should be planned out and clearly marked.
  • People who do not need to be in reversing areas should be kept well clear.
  • Consider employing a trained signaller (a banksman), both to keep the reversing area free of pedestrians and to guide drivers. Be aware: The use of signallers is not allowed in some industries due to the size of vehicles involved, and the difficulty that drivers have in seeing them.
  • A signaller:
  • Will need to use a clear, agreed system of signalling.
  • Will need to be visible to drivers at all times.
  • Will need to stand in a safe position, from which to guide the reversing vehicle without being in its way.
  • Should wear very visible clothing, such as reflective vests, and ensure that any signals are clearly seen.
  • If drivers lose sight of the signallers they should know to stop immediately.
  • Consider whether portable radios or similar communication systems would be helpful.

The following steps might help to reduce the risk of reversing accidents. The following are examples, but it is unlikely that any single measure will be enough to ensure safety:

Site layouts can be designed (or modified) to increase visibility for drivers and pedestrians, for example:

  • By increasing the area allowed for reversing.
  • By installing fixed mirrors in smaller areas.

Reducing the dangers caused by ‘blind-spots’:

  • Most vehicles already have external side-mounted and rear-view mirrors fitted. These need to be kept clean and in good repair.
  • Refractive lenses fitted to rear windows or closed-circuit television systems can be used to help drivers to see behind the vehicle.
  • If drivers cannot see behind the vehicle, they should leave their cab and check behind the vehicle before reversing.

Reversing alarms can be fitted:

  • These should be kept in working order.
  • Audible alarms should be loud and distinct enough that they do not become part of the background noise.
  • where an audible alarm might not stand out from the background noise, flashing warning lights can be used.

Other safety devices can be fitted to vehicles:

  • For example, a number of ‘sensing’ and ‘trip’ systems are available, which either warn the driver or stop the vehicle when an obstruction is detected close to, or comes in contact with, the reversing vehicle.

Additionally:

  • Stops such as barriers, or buffers at loading bays can be used. They should be highly visible, and sensibly positioned.
  • Where vehicles reverse up to structures or edges, barriers or wheel stops can be used to warn drivers that they need to stop.
  • White lines on the floor can help the driver position the vehicle accurately.

For more information visit the HSE web page: http://www.hse.gov.uk/workplacetransport/information/reversing.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

 

Working with chainsaws – company fined after worker seriously injured

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

A salad growing company has been fined £120,000 after an employee was seriously injured by a chainsaw, suffering deep cuts to his arm, while felling trees with a colleague.

The two employees were working together with one person holding and supporting the branches and the other cutting through them using the chainsaw. During this operation one man’s arm landed on top of the moving chainsaw.

The man sustained deep lacerations damaging the nerves in his arm.

A Health and Safety Executive (HSE) investigation found that neither man had been trained to operate the chainsaw, nor were the pair wearing any personal protective equipment (i.e. chainsaw trousers and jacket, chainsaw gloves, safety helmet, safety boots and eye protection). There was no supervision and no proper planning had been put in place.

Pleading guilty to a single breach under Section 2 of the Health and Safety at Work Act 1974, the company was fined £120,000, including a £170 victim surcharge, and ordered to pay costs of £1,864.35.

Speaking after the case, a HSE Inspector said: “This incident could have easily been avoided if the company had adopted a safe method of working that did not put an employee in the direct line of the moving chainsaw. It was only luck that the gentleman did not lose his arm.

“Companies are reminded that even occasional and ‘one-off’ jobs need to be properly planned to ensure the correct control measures are in place.”

Working with chainsaws

What you need to know

Chainsaws are potentially dangerous machines which can cause fatal or major injuries if not used correctly. It is essential that anyone who uses a chainsaw at work should have received adequate training and be competent in using a chainsaw for the type of work that they are required to do.

In recent years (in forestry and arboriculture) direct contact with a chainsaw has caused 5 deaths and many serious injuries. These do not include the high numbers of other types of accident that occur during felling, pruning and other related work.

For more details on injuries and the main causes:

HSE’s investigations show that most fatal and major injuries involve chainsaw operators taking shortcuts and not following good practice guidance. Usually the reason is to save time.

These case studies (http://www.hse.gov.uk/treework/resources/casestudies.htm) show what happens when operators do not follow good practice guidance.

What you need to do

Chainsaws have the potential to cause horrific injuries. By law, chainsaw operators must have received adequate training relevant to the type of work they undertake.

They are also required to wear appropriate chainsaw protective clothing whenever they use a chainsaw.

The free leaflet Chainsaws at work (http://www.hse.gov.uk/pubns/indg317.pdf) contains everything employers and workers need to know about working safely with a chainsaw, including:

Find out more

For more information, visit the HSE web page: http://www.hse.gov.uk/treework/safety-topics/chainsaw-operator.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

 

Personal buoyancy equipment on inland and inshore waters – water authority fined after death of employee

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

A water authority has been sentenced following the death of an employee.

The employee, who was a catchment operator, was working on the sand filtration unit of a waste water treatment works in 2013 when a colleague discovered him face down in water. He died at the scene having drowned.

The employee was last seen working on the top of the unit several hours before he was found by his colleague who was responding to the lone worker system. An investigation by the Health and Safety Executive (HSE) found the company failed to identify the risk of drowning with the maintenance activity which was undertaken by the employee and his colleagues on a regular basis.

The water authority pleaded guilty to breaching Section 2 (1) of the Health and Safety at Work Act 1974, was fined £1.8million and ordered to pay costs of £41,607.71.

Speaking after the hearing an HSE inspector said: “This tragic case could have been prevented if the company had reduced the size of the hatch used to access the sand filters, and properly considered the hazards of the operation, including how close [the employee] was to the water.

“[The employee] was exposed to the risk of drowning which could have been easily been controlled if the task had been properly planned and simple measures adopted earlier which [the water authority] failed to do so adequately.”

Personal buoyancy equipment on inland and inshore waters

This information sheet (download free by clicking on the link http://www.hse.gov.uk/pubns/ais1.pdf) aims to improve safety for activities on inland or inshore waters.

It is specifically for establishments that are covered by the Health and Safety at Work etc Act 1974 (HSW Act) and where HSE is the enforcing authority. These include fish farms, floating cage units, mussel rafts, farm or estate fisheries and similar activities.

The objective of this sheet is to reduce the number of accidental drownings to employees, employers, the self-employed and members of the public (including children).

It also covers:

  • selecting personal buoyancy equipment;
  • using and maintaining personal buoyancy equipment; and
  • operating automatic inflation mechanisms.

For more information visit the HSE web page http://www.hse.gov.uk/pubns/ais1.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

 

Consultation on a revised process for considering disputes under Fee for Intervention (FFI)

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 is consulting on a revised and fully independent process for considering disputes in relation to FFI. We are consulting on the details of how the process should operate. In particular, we recognise the need to ensure that the process is accessible to all types and sizes of business and is proportionate to the issues involved and amount of the fees. The consultation will seek views on the details of the process and in particular:

  • the information which HSE will provide.
  • how representation can be made.
  • how disputes will be considered.
  • suspension of the dispute process where an investigation or appeal against an enforcement notice is ongoing.

Consultation began on 21 April 2017 and ends on 2 June 2017.

View the consultative document: http://consultations.hse.gov.uk/gf2.ti/f/22434/654341.1/PDF/-/cd284ffidisputeprocessconsultationdocument.pdf

Respond to the consultation using the online questionnaire (http://consultations.hse.gov.uk/consult.ti/cd284ffi/adminQuestionnaire?qid=672451) or download a Word form (http://consultations.hse.gov.uk/gf2.ti/f/22434/654821.1/DOCX/-/cd284ffidisputeprocessconsultationquestionnaire.docx). Our preference is for responses to be in electronic format but alternatively, you can submit your response by post by 2 June 2017 to:

Regulatory Policy Unit, Health and Safety Executive, 5.S3 Redgrave Court, Merton Road, Bootle, Merseyside L20 7HS

Email: ffidisputeconsultation@hse.gov.uk

What is FFI?

Fee for Intervention (FFI) is HSE’s cost recovery regime implemented from 1 October 2012, under regulations 23 to 25 of The Health and Safety (Fees) Regulations 2012.

These Regulations put a duty on HSE to recover its costs for carrying out its regulatory functions from those found to be in material breach of health and safety law.

Dutyholders who are compliant with the law, or where a breach is not material, will not be charged FFI for any work that HSE does with them.

Material breach

A material breach is when, in the opinion of the HSE inspector, there is or has been a contravention of health and safety law that requires them to issue notice in writing of that opinion to the dutyholder.

Written notification from an HSE inspector may be by a notification of contravention, an improvement or prohibition notice, or a prosecution and must include the following information:

  • the law that the inspector’s opinion relates to;
  • the reasons for their opinion; and
  • notification that a fee is payable to HSE.

Who does it apply to

FFI applies to dutyholders where HSE is the enforcing authority. This includes employers, self-employed people who put others (including their employees or members of the public) at risk, and some individuals acting in a capacity other than as an employee, eg partners. It includes:

  • public and limited companies;
  • general, limited and limited liability partnerships; and
  • Crown and public bodies.

Hourly rate

The fee payable by dutyholders found to be in material breach of the law is £129 per hour. The total amount to be recovered will be based on the amount of time it takes HSE to identify and conclude its regulatory action, in relation to the material breach (including associated office work), multiplied by the relevant hourly rate. This will include part hours.

Administrative and financial arrangements

HSE is responsible for the administration of the FFI scheme, including issuing invoices and, if needed, debt recovery.

The invoice will contain the following information:

  • the period of time the invoice relates to;
  • a breakdown of the activities or services for which costs can be recovered for each member of HSE staff involved, and HSL or third parties;
  • the time spent against each activity;
  • the total fee payable; and
  • a brief description of the work undertaken.

Invoicing and debt recovery functions are carried out centrally within HSE. Inspectors are not responsible for issuing invoices or for any follow-up actions relating to non-payment of invoices.

Invoices will generally be sent to dutyholders every two months, within 30 working days of the end of each invoicing period. Invoices will be issued in January, March, May, July, September and November.

As FFI fees arise from HSE carrying out its statutory functions, these fees fall outside the scope of VAT, so no VAT will be charged.

Information about the disputes process is available on this website.

Guidance

This site contains a wealth of material for dutyholders and employers who have responsibility for health and safety in their organisation.

It will help businesses and organisations understand what FFI means for them and how it fits with HSE’s existing approach to enforcement.

The Guidance on the application of Fee for Intervention (FFI) document (also available in Welsh) sets out the general principles and approach of the FFI scheme. It includes examples of material breaches but does not cover every scenario where FFI might apply. Inspectors will apply this guidance and their enforcement decisions will be made in accordance with the principles of HSE’s existing enforcement decision-making frameworks – the Enforcement Management Model (EMM) and the Enforcement Policy Statement (EPS). The guidance also explains the procedure for handling queries and disputed invoices.

Dutyholders can also download a summary information leaflet (http://www.hse.gov.uk/pubns/hse48.pdf), read about the Procedure for queries and disputes (http://www.hse.gov.uk/fee-for-intervention/queries-and-disputes.pdf) and review the guidance that HSE inspectors will follow.

The full list of guidance available can be found in the Resources section of this site.

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

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

 

HSE Business Plan 2017/18

Please note there will be no further updates until Thursday 27th April but if you have any queries or require any assistance, please don’t hesitate to contact our main office on 01782 751516 or at mail@eljay.co.uk

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

The Health and Safety Executive has published its 2017/18 Business Plan. Below, the HSEs Chief Executive Richard Judge, and Chair Martin Temple summarise the regulators ongoing commitments, and key elements the plan takes forward from the overall strategy “Helping Great Britain work well”

“Great Britain has a health and safety record we can all be proud of. We are one of the safest places in the world to work in. Nonetheless, the plateaus we see in our health and safety statistics are also a stark reminder of the challenges we face in continuing to improve Britain’s performance while we adapt to the rapidly changing world around us.

The benefits of continual improvement are substantial: for workers a healthier and safer workplace; for businesses, productivity and innovation; and for the wider economy reducing the £14 billion impact of work-related injuries and ill health, together with enabling the growth opportunities that come with creating a more attractive place to do business.

This plan outlines what HSE will deliver in 2017/18. It does not attempt to capture all that we do. Instead it highlights specific priorities, within an overall framework that reinforces our ongoing commitment to:

  • leading and engaging those who undertake or influence health and safety – capitalising on the enthusiasm and collaboration we have been delighted to see since launching Helping Great Britain work well. This involves using modern communication and technology to change behaviours, and continuing to support our activities through robust science and evidence
  • ensuring the regulatory framework remains effective. This includes making sure that we are delivering the government’s regulatory agenda and supporting the UK’s exit from the European Union
  • securing effective risk management and control through a variety of regulatory tools that involve direct interactions with dutyholders. This includes our licensing activities, sustaining existing levels of intelligence-led inspections and investigating incidents, with people being held to account for their failures through firm, but fair, enforcement of the law
  • reducing the likelihood of low-frequency, high impact catastrophic incidents and the potential for extensive harm to workers and the public. Major hazard dutyholders are subject to a level of regulatory scrutiny proportionate to their risks and performance. This includes considering leadership, workforce competence and engagement, and maintenance of asset integrity

This plan takes forward key elements from HSE’s overall strategy Helping Great Britain work well, in particular:

  • emphasising ill health as we build on the recent launch of our Health and Work programme, with its focus on respiratory diseases, musculoskeletal disorders, and occupational stress and related mental health issues
  • reinforcing proportionate approaches by setting expected standards, targeting our intelligenceled interventions, and ensuring any enforcement action takes into account the seriousness of risks. For businesses, and in particular for SMEs, this is seen in the beginning of our work on ‘blue tape’ (where businesses place excessive burdens on each other)
  • ensuring value for money for the taxpayer by reducing our reliance on government funding while continuing to improve our efficiency and effectiveness
  • bringing together the breadth of capability and expertise across HSE, and benefiting from effective collaboration with the many other people and organisations that have a stake in improving health and safety in the workplace

We look forward to your encouragement and contribution as we collectively Help Great Britain work well.”

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

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