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

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

A 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.

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Passenger lifts and escalators – Bolton resident dies in lift shaft fall

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

Bolton resident dies in lift shaft fall

A property management company has been fined after a resident of an apartment block in Bolton died after falling down a lift shaft.

Bolton Crown Court heard how the resident and a friend were trapped in a lift and unable to raise the alarm. They attempted a self-rescue by forcing the doors open and sliding out onto the floor below.

The resident slipped under the lift car and fell five stories down the lift shaft and died of multiple injuries. His friend escaped unhurt.

An investigation by the Health and Safety Executive (HSE) into the incident which occurred in August 2014 found that the management company for the building failed to take suitable and sufficient steps to prevent the resident and his friend self-rescuing.

The management company pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974, and was fined £120,000 and ordered to pay costs of £45,000.

Speaking after the hearing HSE inspector Sarah Taylor said: “Those who manage lifts have a responsibility to ensure they are properly maintained but if people are trapped they have a way to raise the alarm and are not in a position to try and rescue themselves.

“The problems with this lift were well known and if [the management company] had fulfilled their health and safety responsibilities [the resident] would probably be around to celebrate Christmas with his family this weekend.”

Passenger lifts and escalators

Lifts provided for use by workers in workplaces are subject to the Lifting Operations and Lifting Equipment Regulations (LOLER). However, in most cases lifting equipment which is not provided for, or used by, people at work (eg stair lifts in private dwellings and platform lifts in shops used for customer access) will not be subject to either LOLER or PUWER. But businesses providing this equipment will have responsibilities for its safety (it will require routine maintenance and inspection).

LOLER does not apply to escalators or any travelators / moving walkways which transport people, even though they may ‘lift’ people from one level to another. Such equipment is covered by regulation 19 of the Workplace (Health, Safety and Welfare) Regulations.

However, escalators and similar machines, platform and stair lifts, and all conventional passenger lifts must meet the requirements for safety and conformity of either the Machinery or Lift Directives in their design, construction and installation, when first brought into use. (Note: stair lifts, certain slow moving platform lifts (less that 0.15 m/s) and construction hoists come within scope of the Machinery Directive instead of the Lifts Directive).

Passenger lifts used by people at work

Passenger lifts and combined goods / passenger lifts in workplaces (eg offices and factories) which are primarily used by people at work, are subject to periodic thorough examination and inspection, as required by LOLER and PUWER. Guidance for lift owners and others responsible for the examination and testing of lifts is available in: Thorough examination and testing of lifts: Simple guidance for lift owners (http://www.hse.gov.uk/pubns/indg339.htm)

Passenger lifts used by people who are not at work

LOLER (and PUWER) may not apply where a passenger lift is not used by people at work (eg in public areas of a shopping centre). However, if the lift is operated by – or to some extent under the control of – an employer or self-employed person in connection with their business, they still have some responsibility for the health and safety of people they don’t employ. This includes members of the public who use the lift and those people who may work on or inspect the lift.

Section 3 of the Health and Safety at Work Act imposes these general responsibilities, so far as reasonably practicable. As the risks may be the same as when using lifts in connection with work, a similar regime of maintenance, inspection and examination to that required under LOLER and PUWER may be entirely ‘reasonably practicable’ in managing the risks. In any case, insurers may impose demands for similarly stringent levels of risk management to cover public liability.

Escalators and moving walkways

Guidelines for the safe operation of escalators and moving walks (walkways) have been prepared by the Safety Assessment Federation in consultation with HSE. This document provides considerable guidance on the duties and responsibilities of those who:

  • manufacture, supply and install escalators and moving walkways
  • design premises where they are to be installed
  • own or manage premises in which they are installed, and
  • inspect and examine escalators and moving walkways

Although not subject to LOLER, these detailed guidelines recommend thorough examination of escalators and moving walkways, normally at six-monthly intervals.

Stair lifts:

Where provided as work equipment for use by employees, stair lifts will be subject to the requirements of LOLER (thorough examination) and PUWER (maintenance and inspection). Where they are not, but are still provided in connection with an undertaking (eg in work environments where the public or visitors may use them), employers and the self-employed will have responsibilities for the safety of all users under Section 3 of the Health & Safety at Work etc Act 1974. These may be adequately discharged by undertaking maintenance, and inspection, and 6 monthly thorough examination, even though PUWER & LOLER may not apply to the equipment.

However, all new stair lifts (either when first placed on the market, or first brought into use), as machinery are subject to the Machinery Directive / Supply of Machinery (Safety) Regulations 2008. They must be constructed to be safe, supplied with Instructions, a Declaration of Conformity and CE marking. Those stair lifts which involve a hazard of falling from a vertical height of 3m or more are subject to Annex IV (item 17) of the Machinery Directive (so subject to conformity assessment as required by Article 12 (3) or 12 (4) of 2006/42/EC).

More information on LOLER can be found on the LOLER FAQ page: http://www.hse.gov.uk/work-equipment-machinery/faq-lifting.htm

For more information visit the HSE web page: http://www.hse.gov.uk/work-equipment-machinery/passenger-lifts.htm or contact us on 07896 016380 or at fiona@eljay.co.uk, and we’ll be happy to help. We carry out health and safety inspections (as well as fire/legionella risk assessments) of all types of residential and commercial properties and are happy to provide a no-obligation quotation on request.

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

 

 

HEALTH & SAFETY NEWS UPDATE – 29TH SEPTEMBER 2016

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

Safer Sites target inspections – coming to a street near you

HSE construction inspectors will be carrying out unannounced visits to sites where refurbishment projects or repair works are underway.

This year the Initiative is being undertaken as a series of two week inspections across the country, beginning 3 October 2016 ending 4 November 2016.

During this period inspectors will ensure high-risk activities, particularly those affecting the health of workers, are being properly managed.

These include:

  • risks to health from exposure to dust such as silica are being controlled
  • workers are aware of where they may find asbestos, and what to do if they find it
  • other health risks, such as exposure to noise and vibration, manual handling and hazardous substances are being properly managed
  • jobs that involve working at height have been identified and properly planned to ensure that appropriate precautions, such as proper support of structures, are in place
  • equipment is correctly installed / assembled, inspected and maintained and used properly
  • sites are well organised, to avoid trips and falls, walkways and stairs are free from obstructions and welfare facilities are adequate

Where serious breaches of legislation are found then immediate enforcement action will be taken, but inspectors will also be taking steps to secure a positive change in behaviour to ensure on-going compliance.

Health and safety breaches with clients and designers will also be followed up to reinforce their duties under CDM 2015 and to ensure that all dutyholders with on site health and safety responsibilities understand and fulfil these.

Follow the SaferSites Facebook page (https://www.facebook.com/SaferSites)  to see what inspectors find on site and keep updated throughout the initiative.

How to manage your site safely (click on the links for more info):    

For more information, visit the HSE web page: http://www.hse.gov.uk/construction/safetytopics/index.htm or contact us on 07896 016380 or fiona@eljay.co.uk, and we’ll be happy to help.

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HEALTH & SAFETY NEWS UPDATE – 3RD SEPTEMBER 2015

IN THIS UPDATE

Introduction

HSE Refurbishment Inspection Initiative 2015

FLTA Safety Month – Safetember: see danger, speak up!

Licensing of houses in multiple occupation in England: a guide for landlords and managers

Key safety campaigns to be supported at British Safety Council’s annual conference

Introduction

Later this month, the construction industry will be the focus of HSE attention, as inspectors embark on a four week long programme of unannounced visits to sites where refurbishment projects or repairs are underway. We open this week’s update with details of the HSE’s 10th annual refurbishment inspection initiative.

Already underway is the Fork Lift Truck Association’s safety month which runs until 30th September, and during which free resources and guides will be available on the FLTA website. The campaign is now in its eighth year and aims to raise awareness of the dangers involved in fork lift operations throughout the industry and to stress the importance of common sense measures that can make lift trucks safer and more efficient.

Are you a landlord or managing agent/property manager? Do you know what constitutes a House in Multiple Occupation, and that some HMOs are required to be licensed? Read on for more information about your responsibilities, particularly in regard to health and safety.

The safety of cyclists on our roads has been highlighted in the news in recent weeks, and a ban on unsafe lorries has recently come into force in London. Work-related transport is one of the health and safety campaigns the British Safety Council will be focusing on at its conference on 23rd September. Read on to find out which other campaigns will be highlighted at the event.

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

HSE Refurbishment Inspection Initiative 2015

The HSE’s 10th annual refurbishment inspection initiative is due to take place between 14th September and 9th October 2015. Poor standards and unsafe practices on Britain’s building sites are likely to be targeted during a nationwide drive aimed at reducing ill health, death and injury in the industry.

During the annual initiative, HSE Construction Inspectors carry out unannounced visits to sites where refurbishment projects or repair works are underway, ensuring high-risk activities particularly those affecting the health of workers, are being properly managed.

What the initiative does

The main aims of the initiative are:

  • to achieve an improvement in industry standards, in particular at small sites
  • to increase awareness of HSEs expectations of the industry
  • to demonstrate that HSE will use the enforcement tools at its disposal to prevent immediate risk and bring about sustained improvements

What inspectors look for

During inspections, HSE inspectors consider whether:

  • risks to health from exposure to dust such as silica are being controlled
  • workers are aware of where they may find asbestos, and what to do if they find it
  • other health risks, such as exposure to noise and vibration, manual handling, hazardous substances are being properly managed
  • jobs that involve working at height have been identified and properly planned to ensure that appropriate precautions, such as proper support of structures, are in place
  • equipment is correctly installed / assembled, inspected and maintained and used properly
  • sites are well organised, to avoid trips and falls, walkways and stairs are free from obstructions and welfare facilities are adequate

HSE uses the inspection initiatives to reinforce its message to the construction industry that poor standards are unacceptable and liable to result in HSE taking enforcement action.

Previous campaign results:

More information on the above can be found on the HSE website www.hse.gov.uk or contact us on 07896 016380 or at Fiona@eljay.co.uk, and we’ll be more than happy to help.

FLTA Safety Month – Safetember: see danger, speak up!

Date and location

1st – 30th September 2015, throughout the month, location the FLTA website (http://fork-truck.org.uk/fork-lift-safety/national-fork-lift-safety-month)

Event overview

National Fork Lift Safety Week was launched by the Fork Lift Truck Association (FLTA) in 2008 to raise awareness of the dangers involved in fork lift operations throughout the industry and to stress the importance of common sense measures that can make lift trucks safer and more efficient.

For 2015, the Association has increased the scope into a month-long campaign throughout September, dubbing the campaign “Safetember”.

Throughout Safetember the FLTA will be making a compendium of free resources and guides available on its website. The Association will also be urging every company that works with lift trucks to genuinely empower workers with the freedom to report bad practice in a blame-free environment.

After all, this freedom is not a luxury, it is a right.

Further information

More information can be found on the FLTA website (http://fork-truck.org.uk/fork-lift-safety/national-fork-lift-safety-month), or by emailing the FLTA secretariat.

Licensing of houses in multiple occupation in England: a guide for landlords and managers

This publication is aimed at landlords and managers who manage a house in multiple occupation (HMO), or if you are not sure whether you manage an HMO. The booklet explains more about HMOs, which HMOs are required to be licensed and what other if any responsibilities there are in relation to the management of HMOs.

Not sure whether you manage an HMO?

The home you manage is a House in Multiple Occupation (HMO) if both of the following apply:

  • at least 3 tenants live there, forming more than 1 household
  • tenants share toilet, bathroom or kitchen facilities

The home you manage is a large HMO if all of the following apply:

  • it’s at least 3 storeys high
  • at least 5 tenants live there, forming more than 1 household
  • tenants share toilet, bathroom or kitchen facilities

A household is either a single person or members of the same family who live together. A family includes people who are:

  • married or living together – including people in same-sex relationships
  • relatives or half-relatives, eg grandparents, aunts, uncles, siblings
  • step-parents and step-children

Your safety responsibilities

You must keep the property you manage safe and free from health hazards.

Gas safety

You must:

  • make sure gas equipment you supply is safely installed and maintained by a Gas Safe registered engineer
  • have a registered engineer do an annual gas safety on each appliance and flue
  • give tenants a copy of the gas safety check record before they move in, or within 28 days of the check

Electrical safety

You must make sure:

  • the electrical system is safe, eg sockets and light fittings
  • all appliances you supply are safe, eg cookers and kettles

Fire safety

You must:

  • follow fire safety regulations, eg check tenants have access to escape routes at all times
  • make sure the furniture and furnishings you supply are fire safe
  • provide fire alarms and extinguishers (if the property is a large House in Multiple Occupation (HMO)

Download the publication by clicking on the link: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/15652/HMO_Lic_landlords_guide.pdf or contact us for more information on 07896 016380 or at Fiona@eljay.co.uk and we’ll be more than happy to help.

Key safety campaigns to be supported at British Safety Council’s annual conference

Health and safety campaigns such as work-related transport, occupational health and young people at work will be highlighted at the British Safety Council annual conference on 23rd September.

Work-related transport

Every year 70 people are killed and 2000 more are seriously injured in incidents involving vehicles at work. Often these incidents occur in a lorry park or yard while goods are being delivered. In many cases it is the driver who is injured.

The HSE recently ran an advertising campaign on radio and press in the North West and Midlands to raise awareness among the people who can make a real difference – depot managers and those who receive or despatch goods.

The concerns of professional drivers, about the dangers of delivery and collection of goods have also been included.

This campaign focused on how depot managers can take small practical steps to make delivery areas safer. Examples include (click on the links for more information):

Key messages

Campaign posters

Campaign radio publicity

To download, right click and select ‘save target as…’

For more advice on transport topics visit the HSE Vehicles at Work website (http://www.hse.gov.uk/workplacetransport/)

Proposal to replace OHSAS 18001 (Occupational Health & Safety Management) with ISO 45001

ISO 45001 on occupational health and safety management system requirements is currently being produced with an intended publication date of October 2016. However, it is expected that the current standard OHSAS 18001 will be valid for some time after this date and therefore companies interested in certifying should still do so, and will benefit from its implementation.

The aim of the new standard is to improve occupational health and safety for all, in developed and developing countries, and at local, national, regional and international levels.

For up to date information about the new standard, follow our health and safety news updates.

Young people at work

When employing a young person under the age of 18, whether for work, work experience, or as an apprentice, employers have the same responsibilities for their health, safety and welfare as they do for other employees.

Guidance on the HSE website (http://www.hse.gov.uk/youngpeople/) will help young people and those employing them understand their responsibilities.

Work experience

Introducing young people to the world of work can help them understand the work environment, choose future careers or prepare for employment. We need young people to be offered opportunities to develop new skills and gain experience across the world of work. Click on the below links for more information:

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.