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IN THIS 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. 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
‘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.
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.
- Chemical processing and production
- 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
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.
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
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 email@example.com or call 01298 218806.
Contains public sector information published by the Health and Safety Executive and licensed under the Open Government Licence