HEALTH & SAFETY NEWS UPDATE – 4TH FEBRUARY 2016

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IN THIS UPDATE

Introduction

HSE Myth Busters Challenge Panel Case 383 – Odd job person in managed block of flats not allowed to change light bulbs for health and safety reasons

HSE Health & Safety Bulletin – Use of Barrier Glands in Potentially Explosive Atmospheres to meet IEC 60079:14 2013 (Edition 5)

HSL/HSE CDM 2015 Training: the role of the Principal Designer

Introduction

‘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. We open this week’s update with the panel’s response to a property management company citing health and safety as the reason for not allowing an odd job person to change light bulbs in a block of flats.

Electricity at work is also the theme of the HSE’s latest health & safety bulletin aimed at (amongst others) those designing, installing, inspecting and maintaining electrical equipment in potentially explosive atmospheres. Electrical (and non electrical) equipment and installations in potentially explosive atmospheres must be specially designed and constructed so that the risks of ignition are eliminated or reduced. The approach that the current IEC 60079-14: 2013 Standard allows duty holders to take, creates a fire and explosion risk, and this Notice provides information on what action to take.

Finally, we close this week’s update with details of a training event being delivered by HSL (the Health & Safety Executive’s Laboratory), aimed at designers, clients, contractors and/or individuals who may take on, or want to understand the Principal Designer function which replaced the role of CDM Co-ordinator under CDM 2015.

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 Myth Busters Challenge Panel Case 383 – Odd job person in managed block of flats not allowed to change light bulbs for health and safety reasons

‘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 Judith Hackitt, with HSE Board member Sarah Veale as the Vice-Chair and they are supported by a pool of independent members who represent a wide range of interests. This includes small businesses, public safety, trade union, the insurance industry and many outside interests where day-to-day common sense decisions on risk management are made.

This Panel will look 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. We 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 to what you are doing, you can contact the panel on the following web page: http://www.hse.gov.uk/contact/contact-myth-busting.htm. Guidance on how to raise a concern (http://www.hse.gov.uk/contact/concerns.htm) or complaint (http://www.hse.gov.uk/contact/complaints.htm) on workplace health and safety is also available.

Issue (Case 383)

A property management company advised that an odd job person is unable to change light bulbs as they would only be protected from negligence if a competent electrician carried out the job.

Panel opinion

Health and safety at work legislation does not require the use of a competent electrician to change light bulbs in a residential property. Confusing a perceived (but in all probability low) risk of being sued for negligence with the requirements of health and safety legislation is unhelpful, and can distort the aim of the legislation, which is to ensure a proportionate approach to managing risks.

An example risk assessment for the maintenance of flats is available on the following HSE web page: http://www.hse.gov.uk/risk/casestudies/flats.htm and health and safety guidance is also available on the ARMA website (Association of Residential Managing Agents): http://arma.org.uk/leasehold-library/document/health-safety/pages/1 or contact us on 07896 016380 or at Fiona@eljay.co.uk and we’ll be happy to help. We carry out health and safety inspections and fire/legionella risk assessments of commercial and residential properties.

HSE Health & Safety Bulletin – Use of Barrier Glands in Potentially Explosive Atmospheres to meet IEC 60079:14 2013 (Edition 5)

Target Audience

  • Chemical processing and production
  • Engineering
  • Warehousing
  • Offshore
  • Others: Duty holders designing, installing, inspecting and maintaining electrical equipment in potentially explosive atmospheres
  • COMAH Duty Holders and operators installing and maintaining electrical equipment in explosive atmospheres

Key Issues

There is currently a key difference between the current IEC 60079-14: 2013 Standard and previous versions of BS EN 60079-14: 2008 & IEC 60079-14: 2007 for use of electrical equipment in potentially explosive atmospheres in that the IEC Standard currently allows the Duty Holder to use a ‘standard’ Ex certified flameproof gland as opposed to a Ex certified ‘barrier gland’ without the requirement to apply the previous flowchart used in the British Standard which identified glanding requirements based on gas group / zone / enclosure size. There is evidence that this approach creates a fire and explosion risk and this Notice provides Duty Holders with information on what action to take.

To read the bulletin click on the link: http://www.hse.gov.uk/safetybulletins/use-of-barrier-glands.htm

About safety notices

Aim of bulletin: A safety notice is usually issued to facilitate a change in procedure or it requires an action to be undertaken to improve the level of protection or instruction in a potentially dangerous situation. It must be acted upon within a reasonable time, if a time period is not stated. It is not as immediate as a safety alert.

Safety notices are issued where, under certain circumstances, an unsafe situation could arise. For example, where instructions or labelling for use are not clear, additional guarding may be required, operating parameters or procedures need to be changed, where this could, in some cases, lead to an injury. Action should be taken although it may not need to be immediate.

When potentially dangerous equipment, process, procedures or substances have been identified, and depending on the probability of the incident reoccurring and the possible severity of the injuries, HSE may want to inform all users and other stakeholders of the situation and the steps that should be taken to rectify the fault via a safety notice. Safety notices will be issued after consultation with stakeholders and may result in industry-led notices being issued at the same time.

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

HSL/HSE CDM 2015 Training: the role of the Principal Designer

Dates and locations

  • 16 February 2016, ETC Venues, Maple House, 150 Corporation Street, Birmingham B4 6TB
  • 26 April 2016, ETC Venues, Marble Arch, Garfield House, 86 Edgware Road, London W2 2EA

Event overview

This event provides an introduction to this new role and is aimed at designers, clients, contractors and/or individuals who may take on, or want to understand the PD function, particularly for small to medium size projects. The course will be delivered by an ex-HSE Principal Construction Inspector with almost 40 years’ experience.

It will include:

  • An introduction and overview to CDM 2015 and the duties of the Principal Designer
  • The role of the construction client
  • The Principal Designer’s role in supporting the client
  • Obtaining and using pre-construction information
  • Appointment of designers and contractors
  • The Principal Designer’s role in ensuring designers comply with their duties
  • Exploring through case study discussion the key health and safety risks construction workers can face during construction and maintenance
  • Coordinating the flow of health and safety information
  • The role of the Principal Contractor and liaison with the PD
  • Preparing the health and safety file

By the end of the course, delegates will:

  • Understand the changes introduced by CDM 2015, the policy objectives behind them, and how the Regulations enable proportionate compliance dependent on project complexity
  • Know the role and duties of the Client, Principal Designer, designers, Principal Contractor, and contractors and the relationships and interfaces with the Principal Designer
  • Know the key health and safety risks faced by construction workers and those maintaining a structure
  • Understand the importance of pre-construction information, its limitations and the need for interpretation and further investigation in some circumstances
  • Understand the importance of achieving the effective communication of and use of design information
  • Understand how effective management, coordination and monitoring during the pre-construction phase can help to eliminate or reduce risks during the construction and life of the structure
  • As PDs, be better placed to make decisions on the relevancy of pre-construction and design information they should provide to PCs for construction phase health & safety plans, and relevant information for health and safety file

Who should attend?

This training is aimed at individuals and employees of organisations who meet the definition of designer and could be appointed as PD to be in control of the pre-construction phase of a project, and those who want to understand the duties of a Principal Designer as defined in CDM 2015.

This course is intended to provide an introduction and overview only to this new role and help delegates understand the actions that need to be taken to discharge the Principal Designer’s duties. It is not aimed at those involved in major projects or designed to establish or evaluate competence.

Information and booking

For the Birmingham event, a full programme and online booking form can be found on the HSL/HSE CDM 2015 Training (Birmingham) event page: http://www.hsl.gov.uk/health-and-safety-training-courses/the-construction-%28design-and-management%29-regulations-2015-%28cdm-2015%29—an-introduction-to-the-role-of-the-principal-designer—birmingham

For the London event, a full programme and online booking form can be found on the HSL/HSE CDM 2015 Training (London) event page: http://www.hsl.gov.uk/health-and-safety-training-courses/the-construction-%28design-and-management%29-regulations-2015-%28cdm-2015%29—an-introduction-to-the-role-of-the-principal-designer—london

Alternatively, you can email HSL Training at training@hsl.gsi.gov.uk or call 01298 218806.

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

HEALTH & SAFETY NEWS UPDATE – 23RD JULY 2015

IN THIS UPDATE:

Introduction

New & Changed Legislation & Regulations

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

New & Revised Guidance

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

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

Introduction

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

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

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

New & Changed Legislation & Regulations

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Drugs and driving: the law

It’s illegal to drive if either:

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

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

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

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

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

Prescription medicines

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

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

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

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

You can drive after taking these drugs if:

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

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

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

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

Simpler explosives and acetylene regulations

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

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

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

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

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

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

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

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

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

Storing petrol safely

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

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

What is the law on storing petrol safely?

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

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

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

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

Who does this apply to?

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

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

What does this legislation replace?

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

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

New & Revised Guidance

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

Guidance Documents

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

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

Web Pages

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

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

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

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

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

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

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

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