Granite worktop company fined £30,000 after failing to carry out safety checks

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A granite worktop manufacturer has been fined after failing to ensure that lifting equipment was examined and maintained to ensure it was safe to use.

The Court heard how the manufacturer was not having regular statutory examinations carried out on lifting equipment and also failed to carry out repairs when defects had been found.

Following an inspection in June 2018 by the Health and Safety Executive (HSE) at the site, it was discovered that the examinations were not carried out at the required six monthly intervals and when they were carried out the same faults were reported, as the company were not taking action to effect the repairs.

The manufacturer has pleaded guilty to breaching Regulation 5 (1) of the Provision and Use of Work Equipment Regulations 1998 and Regulation 9 (3) of the Lifting Operations and Lifting Equipment Regulations 1998. The company has been fined £30,000 and ordered to pay costs of £4906.

Speaking after the case the HSE inspector said “This prosecution could so easily have been avoided by simply carrying out correct control measures and safe working practices. Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those who fall below the required standards”.

Thorough examinations and inspections of lifting equipment

Safe and successful lifting operations depend, in large part, on the continued safety of the lifting equipment and accessories that are used. Failures in this kind of equipment can result in significant or even fatal injuries. Health and safety law therefore places a number of specific obligations on those providing, controlling and using lifting equipment to properly manage these risks.

In addition to the requirements for safe design and construction, all lifting equipment should also be checked and maintained as necessary to keep it safe for use, so:

  • users may need to undertake simple pre-use checks (eg on lifting chains and slings), or make checks on a daily basis (eg for lift trucks)
  • in some cases, inspections and checks should be made on a regular basis, often weekly, but this may be on a monthly or quarterly basis (eg the checks undertaken by an operator on their crane)
  • employers should ensure that lifting equipment is thoroughly examined (normally once or twice a year but, in some cases, this may be more or less frequent)

These checks are necessary to verify that the lifting equipment can continue to be safely used. This page concentrates on thorough examination and inspection, and the reporting and record-keeping obligations of LOLER (regulations 9, 10 and 11).

What is a ‘thorough examination’ under LOLER?

This is a systematic and detailed examination of the equipment and safety-critical parts, carried out at specified intervals by a competent person who must then complete a written report. This report must contain the information required by LOLER Schedule 1 , including:

  • the examination date
  • the date when the next thorough examination is due
  • any defects found which are (or could potentially become) a danger to people

Where serious defects are identified, the competent person carrying out the examination must immediately report this verbally to the dutyholder. This should then be followed by the written report, a copy of which must also be sent to the relevant enforcing authority.

What is a ‘competent person’?

The term ‘competent person’ is not defined in law but the LOLER Approved Code of Practice and guidance (paragraph 294 on competent persons) states that:
‘You should ensure that the person carrying out a thorough examination has such appropriate practical and theoretical knowledge and experience of the lifting equipment to be thoroughly examined as will enable them to detect defects or weaknesses and to assess their importance in relation to the safety and continued use of the lifting equipment.’

Although the competent person may often be employed by another organisation, this is not necessary, provided they are sufficiently independent and impartial to ensure that in-house examinations are made without fear or favour. However, this should not be the same person who undertakes routine maintenance of the equipment – as they would then be responsible for assessing their own maintenance work.

When should thorough examinations be carried out?

In order to verify that lifting equipment and accessories remain safe for use, and to detect and remedy any deterioration in good time, thorough examinations are required throughout the lifetime of the equipment, including examinations:

  • before use for the first time – unless the equipment has an EC Declaration of Conformity less than one year old and the equipment was not assembled on site. If it was assembled on site, it must be examined by a competent person to ensure that the assembly (eg a platform lift installed in a building) was completed correctly and safely
  • after assembly and before use at each location – for equipment that requires assembly or installation before use, eg tower cranes
  • regularly, while in service – if the equipment is exposed to conditions that cause deterioration which is likely to result in dangerous situations. Most lifting equipment will be subject to wear and tear and so will need regular in-service examination. Some may be exposed to significant environmental conditions which may cause further deterioration. You have a choice:
    • arrange for thorough examination to be carried out at the intervals specified by LOLER (every 6 or 12 months, depending on the equipment – see below), or
    • conduct examinations in accordance with an examination scheme, drawn up by a competent person
  • following exceptional circumstances – liable to jeopardise the safety of lifting equipment, which may include:
    • damage or failure
    • being out of use for long periods
    • major changes, which are likely to affect the equipment’s integrity (eg modifications, or replacement / repair of critical parts)

What are the specified intervals for regular thorough examinations?

Unless there is an ‘examination scheme’ specifying other intervals, thorough examinations should be conducted every:

  • 6 months, for lifting equipment and any associated accessories used to lift people
  • 6 months, for all lifting accessories
  • 12 months, for all other lifting equipment

What is covered by a thorough examination?

This depends on the professional judgement of the competent person undertaking the examination, but needs to include all matters which affect the safety of the lifting equipment, including likely deterioration with time.

For most common lifting equipment and accessories, there are industry standard procedures and criteria which a competent person would follow when undertaking thorough examinations and making judgements as to the continued safety of the equipment. Methods used include:

  • visual examination and functional checks
  • measurements of wear
  • (in some cases) traditional NDT (non-destructive testing) and load testing

Some disassembly or internal examination of parts may also be required.

Where an examination scheme has been drawn up, this should identify and specify:

  • the parts to be thoroughly examined
  • the methods of examination and testing
  • the intervals for examination (and testing of the different parts, where appropriate)

The scheme should also include details of any other inspection regimes for the equipment. Examination schemes may be drawn up by any person with the necessary competence. This does not need to be the same competent person who conducts the thorough examination in accordance with the scheme.

Although examination schemes do not need to be preserved in the form of a document, it should be possible to produce a written copy when required (eg on request by the relevant enforcing authority). These should be secured from loss or unauthorised modification.

Testing of lifting equipment

Most lifting equipment does not need routine testing as part of the thorough examination – in fact some overload tests can cause damage to lifting equipment. Where testing is deemed necessary, it may not need be undertaken at every thorough examination. The need for, and nature of, testing should be based on an assessment of risk – taking account of information from the manufacturer and other relevant information – as determined by the competent person.

Maintenance and inspection of lifting equipment.

Maintenance of lifting equipment to ensure it remains safe for use is a requirement of PUWER. In some cases – to assist with this, and detect any deterioration so it can be remedied in good time – lifting equipment may need to be inspected between thorough examinations. Such inspections need to be undertaken by suitably trained and competent people, which can often be the lifting equipment operator or maintenance personnel.

The nature, need for and frequency of such inspections should be determined through risk assessment, taking full account of any manufacturer’s recommendations. Further recommendations on inspection relating to cranes are given in BS 7121 British Standard Code of Practice for the Safe Use of Cranes. The various parts of this standard can be obtained from BSI .

Lifting accessories do not normally need formal inspection, provided that proper pre-use checks are made and they undergo their standard thorough examination.

Reports and defects

Records should be kept of all thorough examinations and inspections, and of the EC Declarations of Conformity for all lifting equipment and lifting accessories. Examination and inspection records do not need to be kept in hard copy form but you should be able to provide a written copy when necessary (eg upon request by the relevant enforcing authority or when lifting equipment leaves your undertaking -under hire, use elsewhere, or second-hand sale). The records should also be protected from unauthorised alteration. Details of the periods for which they must be kept are given in Table 3 of Thorough examination of lifting equipment .

The contents required in a thorough examination report are specified by Schedule 1 of LOLER . There is no longer a defined format or form for such a report, provided that all 11 items listed in the Schedule are included.

Where, following thorough examination or inspection of lifting equipment, a defect is identified – which in the opinion of the person undertaking the examination or inspection – is (or could become) a danger to people, you as user (employer or self employed person) should be notified immediately. You must then take effective action to manage risk by ensuring the lifting equipment is not used until the defect is remedied. Such defects must be confirmed in writing in the report, even if it is remedied immediately (eg by destruction of a sling). The person making the report must also notify the relevant enforcing authority with a copy of the report. Enforcing authorities may follow up such reports to check that risks are being adequately managed.

In some cases, a defect may be identified which does not require the immediate cessation of use of the lifting equipment. In these cases, you must remedy the matter, or not further use the equipment, within the time period specified on the report.

Reports of thorough examinations sometimes contain additional non-statutory observations from the competent person on the condition of the lifting equipment. Analysis of this may provide useful information to manage your lifting equipment.

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

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.

New App launched to support Construction Worker’s Mental Health

The statistics are grim, two construction workers take their own life every single working day and stress, anxiety and depression currently accounts for a fifth of all work-related illness.

A new collaboration between the Lighthouse Construction Industry Charity, construction software firm ‘COINS’ and ‘Building Mental Health’, aims to address this sensitive subject with a new ‘Construction Industry Helpline’ app. This free mental health app will provide vital information, advice and guidance on many wellbeing topics including stress, anxiety, depression, anger and suicidal thoughts.

Bill Hill, CEO of the Lighthouse Construction Industry Charity said, “The app complements our existing 24/7 Construction Industry Helpline and is aimed at construction workers and their families. We recognise that not everyone feels comfortable talking about their feelings or personal situation, so the ‘Construction Industry Helpline’ app is aimed at people who would like to find out more information about how they can perhaps help themselves or if necessary, take the next step in seeking professional help.  It is a preventative tool and provides support at the initial stages of a situation so that the problem does not reach a life critical stage.”

Although the construction industry is rising to the challenge of creating a healthier workplace, finding the right support is not always easy. The Lighthouse Club are already helping to drive significant change through a variety of mental health and wellbeing support programmes – but realise that there is still a long way to go before the culture in construction removes the stigma about talking about mental health and wellbeing. By providing a free app, which can be downloaded by anyone in the industry, they hope to combat this. The ‘Construction Industry Helpline’ app will provide information, advice and guidance about how people can relieve the long term effects of stress, anxiety or depression as well as providing access to other areas of support such as anger management, drug and alcohol dependency, debt management, legal advice, and emergency financial aid.

COINS, who have over 35 years of developing software solutions for construction companies, are also passionate about giving something back to the industry. Their CEO, Robert Brown, added, “Collaborating with the Lighthouse Construction Industry in building this important app to help support construction workers and their families has been a privilege. It is great way for COINS to give something back to the construction industry and hope that it will be a great help to both construction workers and their families when they need it the most.”

For more information and to download the free app, click on the following link: https://www.constructionindustryhelpline.com/app.html

To view HSE guidance on mental health conditions, work and the workplace, click on the following link: http://www.hse.gov.uk/stress/mental-health.htm or contact us on 07896 016380 or at fiona@eljay.co.uk, and we’ll be happy to help

 

Your garden walls: better to be safe – local authority prosecuted after wall collapses onto child

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

Local authority prosecuted after wall collapses onto child

A local authority was sentenced last month after a brick boundary wall it part-owned collapsed and seriously injured a six-year-old girl.

Details of the Crown Court hearing reveal how, in August 2016, a wall spanning the back of two houses at a town in Essex collapsed onto the girl during a family barbecue. She was placed in an induced coma after sustaining serious and life-threatening injuries. She was in intensive care for 7 days and in hospital for 10 days in total. She has made a good recovery but still suffers some physical and emotional problems.

An investigation by the Health and Safety Executive (HSE) found the local authority failed to take any action after receiving concerns about the wall’s condition from private tenants, two years prior to the incident. Wider concerns about the poor condition of brick walls in the vicinity, including council-owned walls, were not passed to building control or the Council’s inspections teams.

The local authority failed to implement a system of intelligence-led inspection, maintenance and repair, to adequately identify and remedy the risks of collapses to boundary walls, both owned solely by the Council, or jointly with private residents.

The local authority pleaded guilty to breaching Section 3(1) of the Health and Safety at Work Act 1974 and has been fined of £133,333 and ordered to pay costs of £21,419.55.

Speaking after the case, an HSE inspector said: “This was a wholly avoidable incident which could easily have been fatal. If [the local authority] had properly recorded residents’ concerns about the state of the walls, then a suitably qualified individual could have been engaged to identify the level of risk and instigated the required remedial action. Despite the low frequency of wall collapses, they are high consequence events requiring those with the responsibility for structural safety to take proactive measures to ensure that boundary walls and other structures are safely maintained.”

Your garden walls: better to be safe

(Information on inspecting garden and boundary walls, published on 13 May 2013, by the Ministry of Housing, Communities & Local Government)

If you are an employer, or someone in control of premises, including landlords, the below information is relevant to you. Eljay Risk Management carries out Health and Safety Inspections of commercial and domestic premises, and we include checks of garden/boundary walls in our reports. Why not contact us for a no-obligation quote.

Garden walls

Garden and boundary walls should be inspected from time to time to see if any repairs are necessary, or whether a wall needs rebuilding. Such walls are amongst the most common forms of masonry to suffer collapse, and they are unfortunately one of the commonest causes of death by falling masonry. Your insurances may not cover you if the wall has been neglected.

Besides the general deterioration and ageing of a masonry wall over the years, walls may be affected by:

  • an increase in wind load or driving rain if a nearby wall is taken down
  • felling of nearby mature trees or planting of new trees close to the wall
  • changes leading to greater risk of damage from traffic
  • alterations, such as additions to the wall or removal of parts of the wall e.g. for a new gateway

Things to check

  1. Is the surface of the brickwork crumbling away?

If restricted to a few bricks this may not be serious but walls can be weakened by general crumbling across either face.

  1. Is the mortar pointing in good condition?

If the hard surface layer can be picked out from the joint, or if the mortar can easily be scraped out with, say, a door key, then this is a good indication that the wall may need repointing.

  1. Is there a tree near the wall?

As trees mature, there is a risk of the wall being damaged by the roots, and from wind-blown branches. Damaged sections may have to be re-built, perhaps with bridges incorporated to carry the wall over the roots. Removal of large trees can also lead to problems because the soil accumulates more moisture and expands.

  1. Is the wall upright?

Walls lean for a variety of causes, due for example to failure below ground caused by tree roots, a cracked drain, frost damage to the foundations or inadequate foundations. If your wall leans to an extent that could present a danger e.g. more than 30mm (half brick wall), 70mm (single brick wall) or 100mm (brick and a half wall) it is recommended that expert advice is sought. This may involve checking of the wall foundations.

  1. Is the wall thick enough for its height?

The map and table at https://www.gov.uk/guidance/your-garden-walls-better-to-be-safe give guidance on how high walls should be in different parts of the UK relative to their thickness. Seek expert advice if your wall exceeds the recommended height, or in circumstances whereby this guidance is inapplicable e.g. walls incorporating piers, or walls supporting heavy gates or retaining soil.

  1. Some climbing plants, like ivy, can damage walls if growth is unchecked.

Consider cutting them back and supporting regrowth clear of the wall.

  1. Is the top of the wall firmly attached?

Brick cappings or concrete copings may be loose or there may be horizontal cracks (frost damage) in the brickwork a few courses down. Loose or damaged masonry near the top of the wall will need to be rebuilt.

  1. Has the wall been damaged by traffic?

Minor scratch marks or scoring of the surface may obscure more significant cracks. Piers at vehicular entrances may have been dislodged by impact and be unsafe; in such cases they should be rebuilt.

  1. Are there any cracks in the wall?

Hairline cracks (0-2mm across) are common in walls and may not indicate serious problems. For wider cracks seek expert advice; some may indicate a need for partial or complete rebuilding. Seek advice on any horizontal cracks which pass right through a wall or any cracks close to piers or gates. Repointing of cracks can lead to problems. Do not repoint without establishing the cause of the cracking.

If you have any queries at all regarding the above, please don’t hesitate to contact us on 07896 016380 or at fiona@eljay.co.uk, and we’ll be happy to help.

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

 

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

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

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)

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 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

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

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