HSE SAFETY ALERT: REVISION OF STANDARDS FOR POWERED DOORS, GATES AND BARRIERS

The Health & Safety Executive have issued the following safety alert, aimed at architects/specifiers, designers, manufacturers, suppliers, and installers of powered doors, gates and barriers primarily for vehicular use, and those responsible for servicing and maintaining these products in workplaces, car parks and the common areas of shared premises, including residential:

KEY ISSUES

Publication of two newly revised European Standards on the safety of doors, gates and barriers – BS EN 12453:2017 and BS EN 12604:2017.

These new standards replace four older standards from 2000 and 2001; they represent a significant move forward. However, these standards do not completely address the risks that may be present and additional consideration should be given to the following aspects:

  • Undertaking a risk assessment covering the unique environment and type of user
  • The selection and implementation of appropriate design measures
  • Ensuring appropriate levels of force limitation (below the specified maximum)
  • Where the technology permits, ensuring that the safety function is monitored and checked before each movement; and
  • Ensuring effective measures are in place to detect any means of failure in the means of suspension for vertically moving doors. More detail is given below.

INTRODUCTION

  • British/European standards BS EN 12453:2017 concerning the safety requirements and tests for powered doors, gates and barriers primarily for vehicular use, and BS EN 12604:2017 concerning mechanical requirements and tests for the safety of both powered and non-powered versions of these products, have now been published. They are available for purchase online from BSI.
  • They replace and supersede in full the 2000/01 versions of these standards which dealt with the same products and issues; these two new standards cover what was previously dealt with in four standards (BS EN 12453, BS EN 12445, BS EN 12604 and BS EN 12605).
  • These new standards are a major step forward in helping to define the ‘state of the art’ for all products in scope, especially for the safety related parts of the control system on which these products depend for safety. They maintain the previous requirements for basic strength, stability and testing, including where force limitation is the primary means of delivering safety. The requirement on force limitation is not to exceed the existing force limits (basically 400 N for crushing and 1400 N for impact).
  • HSE’s view, however, is that there are aspects of the standards where they do not as yet fully meet the objectives of the Essential Health and Safety Requirements (EHSRs) of the European Machinery Directive 2006/42/EC. This means that compliance alone with the standards will not be enough to meet the requirements of the Supply of Machinery (Safety) Regulations 2008 (SMR08) for either new products placed on the market, or when first put into service (e.g. in situ manufacture, and powering existing gates).

BACKGROUND

  • Following two child fatalities which involved powered gates in 2010, HSE carried out a detailed examination of the suite of British/European standards then available to support the design and construction of powered doors, gates, barriers etc (see the related previous Safety Bulletins). HSE concluded that collectively the standards failed in a number of areas to adequately support the EHSRs of the Machinery Directive.
  • The Directive, which has been implemented into UK law for well over 20 years by SMR08, applies to all machinery, which includes powered doors, gates and barriers, when newly placed on the market, or when first put into service (eg when made in situ, or existing manual gates are ‘motorised’).
  • The UK launched its Formal Objectionto the standards in December 2010, as permitted by Article 10 of the Machinery Directive.
  • The European Commission considered the objection and agreed with the UK that the key standards did not entirely satisfy the EHSRs of the Machinery Directive. Its decision was confirmed and published by two Decisions which were made publicly available in 2015. Additionally, warnings were placed against the entries for EN 12635 and EN 13241-1 in the list of standards harmonised under the Machinery Directive in the official Journal of the European Union, in effect removing the ‘presumption of conformity’ that they previously gave.
  • Removing this presumption of conformity does not prevent manufacturers and installers of these products complying with the Directive/UK Regulations. Rather it means that manufacturers/installers who choose to use these standards can no longer simply rely on complying with the standards to meet all of the requirements of the Directive/UK Regulations.
  • Regulation 7(1) of SMR08 requires all machinery such as powered doors, gates and barriers to be safe. It is the duty of the person responsible for the design, construction and placing on the market/putting into service of the machinery to ensure this. Others then have the ongoing responsibility to keep the product safe through its lifetime of use, which includes ensuring non-employed persons are not endangered by the equipment (see below for link to FAQs).

ACTION REQUIRED

  • The new standards are not “harmonised”. This means that manufacturers (and installers, who often ‘put into service’ a new machine made in situ), must continue to show through a detailed technical file for each product how it has been designed and constructed to meet the safety objectives of the legislation. This must be undertaken before the CE marking is applied and the product is made available to the end user, together with comprehensive User/Maintenance Instructions, and a Declaration of Conformity, which must be made out in the name of the person responsible for the product’s conformity.
  • While these new revised standards can help define the ‘state of the art’ which must be reached, in all cases a thorough assessment of risk must be undertaken which fully considers the unique environment of use, the presence of and use by any vulnerable person, and all hazards arising from use, and foreseeable misuse, such as riding on the door or gate.
  • Design measures (to avoid risk, eg from hinge areas, collapse/falling over) and protective measures (guarding, fencing, safety edges, presence detection, etc) must be implemented during construction, taking into account the presence of any vulnerable populations such as children and those with reduced mobility or other disabilities, and any foreseeable misuse that may arise (such as playing on or near such equipment, or anyone rushing through gaps). You cannot rely on warnings alone to manage significant risks, although they may have their place in some circumstances.
  • Where force limitation is the primary means of safety, impact and crushing forces should be as low as possible (the standards give maximum levels), and verified by testing post installation.
  • Where the technology permits, the check of the safety function should take place before each movement. This is very important where vulnerable populations are at risk, as even one failure could result in serious or fatal injury from crush/entrapment.
  • Effective measures should be taken to detect any failure in the means of suspension of vertically moving doors, preferably stopping further use (unintended movement beyond 300 mm should be prevented), so that action can be taken before any catastrophic failure.
  • The existing harmonised standard BS EN 12978:2003+A1:2009 on safety devices for power operated doors and gates gives specific requirements to support the safe design of these products (Note: a revision of this standard is expected in 2019).
  • Although these standards are not intended for retrospective application, many existing powered doors, gates and barriers may not be as safe as they should be (some did not meet the previous standards or requirements for safety when originally supplied), so they can be used to support the re-assessment and any necessary upgrades to make existing products safer for continued use.
  • All readers are advised to consider the other available information and the existing Safety Bulletins published by HSE on these products (see below for links).

For more information, the safety alert can be viewed by clicking on the link: http://www.hse.gov.uk/safetybulletins/revision-standards-powered-doors.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

HSE SAFETY ALERT: CHANGE IN ENFORCEMENT EXPECTATIONS FOR MILD STEEL WELDING FUME

The Health & Safety Executive have issued the following safety alert last month (February 2019), aimed at all workers, employers, self-employed, contractors’ and any others who undertake welding activities, including mild steel, in any industry:

KEY ISSUES

  • There is new scientific evidence that exposure to all welding fume, including mild steel welding fume, can cause lung cancer.
  • There is also limited evidence linked to kidney cancer.
  • There is a change in HSE enforcement expectations in relation to the control of exposure of welding fume, including that from mild steel welding.
  • All businesses undertaking welding activities should ensure effective engineering controls are provided and correctly used to control fume arising from those welding activities.
  • Where engineering controls are not adequate to control all fume exposure, adequate and suitable respiratory protective equipment (RPE) is also required to control risk from the residual fume.

INTRODUCTION

There is new scientific evidence from the International Agency for Research on Cancer that exposure to mild steel welding fume can cause lung cancer and possibly kidney cancer in humans. The Workplace Health Expert Committee has endorsed the reclassification of mild steel welding fume as a human carcinogen.

CONSEQUENCES

With immediate effect, there is a strengthening of HSE’s enforcement expectation for all welding fume, including mild steel welding; because general ventilation does not achieve the necessary control.

OUTCOME

Control of the cancer risk will require suitable engineering controls for all welding activities indoors e.g. Local Exhaust Ventilation (LEV). Extraction will also control exposure to manganese, which is present in mild steel welding fume, which can cause neurological effects similar to Parkinson’s disease.

Where LEV alone does not adequately control exposure, it should be supplemented by adequate and suitable respiratory protective equipment (RPE) to protect against the residual fume.

Appropriate RPE should be provided for welding outdoors. You should ensure welders are suitably instructed and trained in the use of these controls.

Regardless of duration, HSE will no longer accept any welding undertaken without any suitable exposure control measures in place, as there is no known level of safe exposure.

Risk assessments should reflect the change in the expected control measures.

ACTION REQUIRED

  • Make sure exposure to any welding fume released is adequately controlled using engineering controls (typically LEV).
  • Make sure suitable controls are provided for all welding activities, irrelevant of duration. This includes welding outdoors.
  • Where engineering controls alone cannot control exposure, then adequate and suitable RPE should be provided to control risk from any residual fume.
  • Make sure all engineering controls are correctly used, suitably maintained and are subject to thorough examination and test where required.
  • Make sure any RPE is subject to an RPE programme. An RPE programme encapsulates all the elements of RPE use you need to ensure that your RPE is effective in protecting the wearer.

RELEVANT LEGAL DOCUMENTS

  • Health and Safety at Work etc. Act 1974
  • Control of Substances Hazardous to Health Regulations 2002

REFERENCES

WELDING FUME – REDUCING THE RISK

The above HSE guidance can be viewed by clicking on the link: http://www.hse.gov.uk/welding/fume-welding.htm or contact us on 07896 016380 or at fiona@eljay.co.uk, and we’ll be happy to help

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

 

HEALTH & SAFETY NEWS UPDATE – 27TH AUGUST 2015

IN THIS UPDATE

Introduction

Self-employed – do I have duties?

Business case studies

Safety Alert – ‘Norfolk Range’ large wheeled dry powder fire extinguishers manufactured before 2009 by UK Fire International Ltd

Links to guidance on CDM 2015

Introduction

With the late summer bank holiday in striking distance, there’s no getting away from the fact that Autumn is on the horizon. And our typical British wet weather is not the only thing to have dampened our spirits over the summer months. Tragic incidents such as the Bosley Wood Flour Mill explosion and Shoreham Airshow crash have brought health and safety very much into the public eye. With investigations ongoing, the causes remain to be seen, but could possibly result in a criminal inquiry at the flour mill if evidence of negligence is found. According to an HSE press release (http://press.hse.gov.uk/2015/further-hse-enforcement-notices-issued-at-bosley-wood-flour-mill/), a Prohibition Notice has been served on the mill owners, “preventing work activities until the issues identified involving the processing and bagging of large amounts of paper dust in one of the sheds on site, have been resolved”. In their guidance document “Safe handling of combustible dusts – Precautions against explosions”(http://www.hse.gov.uk/pUbns/priced/hsg103.pdf), the HSE advises that dusts produced by many materials we use everyday are flammable, and, in the form of a cloud, can explode.

Are you self-employed? From 1 October 2015, if your work activity poses no potential risk to the health and safety of other workers or members of the public, then health and safety law will not apply to you. If you don’t know whether or not your work activity falls into this category, more information is provided below.

Do you want to know how other businesses manage health and safety? The latest suite of HSE business case studies below provides links to a variety of video and narrative case studies of businesses doing just that, effectively and proportionately, with the help of online HSE guidance.

Do your work activities involve manufacturing, warehousing or engineering? Then you may be familiar with large dry powder fire extinguishers, which are the subject of HSE’s latest safety alert.

Finally, and following on from our previous news updates on CDM 2015, we close this week with links to the following guidance:

  • L153 – Managing health and safety in construction – CDM 2015: Guidance on Regulations
  • INDG411 – Need building work done? A short guide for clients on CDM 2015 (rev)
  • Construction Phase Plan for small projects (CDM 2015) – CIS80
  • Industry guidance for dutyholders
  • CITB CDM wizard app for construction phase plan

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

Self-employed – do I have duties?

In 2011, the Löfstedt Review link to external website recommended that those self-employed whose work activities pose no potential risk of harm to others should be exempt from health and safety law. This recommendation was accepted by Government.

So, from 1 October 2015, if you are self-employed and your work activity poses no potential risk to the health and safety of other workers or members of the public, then health and safety law will not apply to you.

HSE estimates that health and safety law will no longer apply to 1.7 million self-employed people like novelists, journalists, graphic designers, accountants, confectioners, financial advisors and online traders.

What the law says

The Health and Safety at Work etc Act 1974 (General Duties of Self-Employed Persons) (Prescribed Undertakings) Regulations 2015 (http://www.legislation.gov.uk/ukdsi/2015/9780111136980), says:

  • if your work activity is specifically mentioned in the regulations above
  • or if your work activity poses a risk to the health and safety of others, then the law applies to you

What is meant by ‘self-employed’?

For health and safety law purposes, ‘self-employed’ means that you do not work under a contract of employment (http://www.hse.gov.uk/enforce/enforcementguide/investigation/status-contract.htm) and work only for yourself.

If you’re self-employed and employ others the law will apply to you. You may be self-employed for tax purposes, but this may not be so for health and safety. This is a complex area and HMRC have produced employment status guidance (https://www.gov.uk/working-for-yourself/what-counts-as-self-employed).

What is a ‘risk to the health and safety of others’?

This is the likelihood of someone else being harmed or injured (eg members of the public, clients, contractors etc) as a consequence of your work activity.

Most self-employed people will know if their work poses a risk to the health and safety of others. You must consider the work you are doing and judge for yourself if it creates a risk or not.

For example if you operate a fairground ride for the public to use then your work could affect the health and safety of other people and you must take appropriate steps to protect them as the law will apply to you.

Find out more about ‘risk’

HSE guidance on risk management (http://www.hse.gov.uk/risk/index.htm) explains more about the risks your work activity may create and how best to manage these.

High risk activities

The law says that there are certain work activities where the law applies because they are high risk. If your work involves any of these activities, then the law will apply to you:

  • Agriculture
  • Construction
  • Gas
  • Railways
  • Asbestos
  • GMOs

For more information visit the self-employed workers guidance topic page on the HSE website: http://www.hse.gov.uk/self-employed/index.htm or contact us on 07896 016380 or at Fiona@eljay.co.uk and we’ll be more than happy to help.

Business case studies

This is the latest suite of HSE business case studies, where businesses tell their stories of how they manage health and safety effectively and proportionately and how online HSE guidance helps them to do this.

Two of the case studies focus primarily on leadership, while the others describe examples of health and safety management in SMEs.

The video case studies were produced in collaboration with 3rd year Film Production and Media students from Edge Hill University in West Lancashire.

Video case studies

Bootle Containers Ltd

Bootle Containers is a medium sized manufacturing company with 55 employees, specialising in design and production of containers.  This film describes the company’s health and safety management systems and why they think good health and safety is good for business.

Link to video: http://www.hse.gov.uk/business/casestudy/bootle-containers.htm

Lamont Cleaning and Support Services

Lamont is a small company of 15 employees, specialising in commercial and industrial window cleaning. This film shows how they work with their employees to manage health and safety.

Link to video: http://www.hse.gov.uk/business/casestudy/lamont-cleaning.htm

Laser Quest Stourbridge

Laser Quest Stourbridge is a hi tech gaming centre with 11 employees. This film describes how the owner manages the company’s health and safety.

Link to video: http://www.hse.gov.uk/business/casestudy/laser-quest.htm

Merseytravel

Merseytravel is the strategic transport authority for the Liverpool City Region, with 850 employees. This film tells how effective leadership and employee engagement improved health and safety performance.

Link to video: http://www.hse.gov.uk/business/casestudy/merseytravel.htm

Mount Anvil Ltd

Mount Anvil is a medium sized construction and development company based in London. In this film, senior leaders from the company describe how they manage health and safety and why it is so important to their business.

Link to video: http://www.hse.gov.uk/business/casestudy/mount-anvil.htm

Narrative case studies

Applied Industrial Systems Ltd.

Applied Industrial Systems Ltd (AIS) specialises in the creation and provision of software and control systems to a diverse client base across the transport, infrastructure and manufacturing sectors.

Link to case study: http://www.hse.gov.uk/business/casestudy/ais.htm

Connors Building & Restoration Services Ltd.

Connors Building & Restoration Services is an asset management company with 33 employees, specialising in building services, ground maintenance and inspection.

Link to case study: http://www.hse.gov.uk/business/casestudy/connors-building.htm

Loop Technology Ltd.

Loop Technology is a small, family run business with 21 employees, specialising in industrial automation.

Link to case study: http://www.hse.gov.uk/business/casestudy/loop.htm

Technicraft (Anglia) Ltd

Technicraft is a metal fabrication company with 25 employees. It provides services including laser cutting, punching, presswork and welding.

Link to case study: http://www.hse.gov.uk/business/casestudy/technicraft.htm

More narrative case studies for SMEs and larger businesses can be found by visiting the Business case studies page on the HSE website: http://www.hse.gov.uk/business/case-studies.htm?ebul=hsegen&cr=2/27-jul-15 or contact us for advice and guidance on 07896 016380 or at Fiona@eljay.co.uk, and we’ll be more than happy to help.

Safety Alert – ‘Norfolk Range’ large wheeled dry powder fire extinguishers manufactured before 2009 by UK Fire International Ltd

Issue Date

12 August 2015

Target Audience

All premises where large dry powder fire extinguishers are likely to be used for example: chemical industry, offshore industry, merchant shipping, nuclear industry, manufacturing, mining, warehousing, engineering, metals and minerals processing and production.

Key Issues

‘Norfolk Range’ large dry powder fire extinguishers, manufactured before 2009, may be affected by moisture ingress at a threaded joint at the base of the unit, rendering the unit inoperable. The problem may not be identified during routine service inspections.

  • Users should identify if their extinguishers are likely to be affected. If yes and the extinguisher has been left exposed to adverse conditions since its last extended service, the condition of the elbow joint at the base of the unit should be examined by a competent service engineer.
  • If you are unsure if your extinguishers are affected by this safety alert, consult Britannia Fire Ltd.
  • Service engineers should closely examine, and if necessary, remove the elbow to confirm if there is evidence of water ingress to the discharge tube. If there is any doubt about moisture affecting the powder in the discharge tube, consider subjecting the extinguisher to an extended service including full replacement of the dry powder.

For more information click on the link: http://www.hse.gov.uk/safetybulletins/norfolk-large-wheeled-dry-powder-fire-extinguishers.htm or contact us on 07896 016380 or at Fiona@eljay.co.uk, and we’ll be more than happy to help.

Links to guidance on CDM 2015

L153 – Managing health and safety in construction – CDM 2015: Guidance on Regulations

http://www.hse.gov.uk/pubns/books/l153.htm?ebul=gd-cons/jul15&cr=2

INDG411 – Need building work done? A short guide for clients on CDM 2015 (rev)

http://www.hse.gov.uk/pubns/indg411.htm?ebul=gd-cons/jul15&cr=3

Construction Phase Plan for small projects (CDM 2015) – CIS80

http://www.hse.gov.uk/pubns/cis80.pdf?ebul=gd-cons/jul15&cr=4

Industry guidance for dutyholders

http://www.citb.co.uk/health-safety-and-other-topics/health-safety/construction-design-and-management-regulations/cdm-guidance-documents/

CITB CDM wizard app for construction phase plan

http://www.citb.co.uk/health-safety-and-other-topics/health-safety/construction-design-and-management-regulations/cdm-wizard-app/

Please note that the HSE are starting to remove the current CDM 2007 web pages and plan to remove them all by October 2015.

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.