Letter from Melanie Dawes to owners, landlords and managers of private residential blocks about safety checks following the Grenfell Tower fire

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Melanie Dawes, Permanent Secretary at the Department of Communities and Local Government (DCLG), has written to owners, landlords and managers of private residential blocks about safety checks following the Grenfell Tower fire. The government is making available testing facilities for private owners of residential blocks that have cladding made of aluminium composite material, and the letter explains how to identify this cladding, and access the testing facilities.

The letter, and supporting documents, can be viewed by clicking on the following link: https://www.gov.uk/government/publications/safety-checks-on-private-residential-blocks and we have published the contents below. Queries should be directed to PRShousingchecks@communities.gsi.gov.uk, but if you require any general assistance regarding fire safety in blocks of flats, please don’t hesitate to contact us on 07896 016380 or at fiona@eljay.co.uk, and we’ll be happy to help.

Safety checks on private residential blocks

This letter is intended for owners, landlords and managers of private residential blocks in England. Representative bodies for the private residential sector have kindly agreed to disseminate this letter to their members, and we are grateful for their assistance.

Following the horrific fire at Grenfell Tower in North Kensington last week, we want to ensure you are aware of help that is available in checking your buildings.

There has been much public concern and comment about potential flaws in the cladding that was on Grenfell Tower. While the exact reasons for the speed of the spread of fire have yet to be determined, we have concluded that there are additional tests that can be undertaken with regard to the cladding. We have asked local authorities and social housing providers to identify whether any panels used in new build or refurbishment of their own housing stock are a particular type of cladding made of Aluminium Composite Material (ACM). These checks will be relevant to privately owned and managed residential buildings too, so please can you consider carrying out these checks on your buildings.

More details on how to identify this cladding are in Annex A below.  It is important to stress that ACM cladding is not of itself dangerous, but it is important that the right type is used. If you identify that cladding on any of your buildings is made of ACM, then a sample can be tested.

This testing facility is also being made available to blocks that are privately owned, and your local authority may already have been in touch to make you aware of this.  The procedures for taking up this offer of testing, which will be paid for by DCLG, are set out in the annex. We are prioritising buildings over six storeys or 18 metres high.  The offer is for the initial testing only and the cost of any remedial action will be the responsibility of the owner of the building. The information from the checks will be available to DCLG from BRE. Please contact us at PRShousingchecks@communities.gsi.gov.uk if you have any queries.

Where the entire block is not owned and managed by the same party, please ensure that only one sample is provided and that any necessary permissions are obtained for taking and sending off the sample. We would not expect individual leaseholders within a building to send off samples for testing.

As well as this work it is of course important that owners / landlords have robust fire assessments for their properties.

Thank you for your cooperation in this important work.

MELANIE DAWES

Annex A

Protocol for Sampling of Aluminium Composite Material Cladding

Identification of Aluminium Composite Material Cladding

Aluminium Composite Material (ACM) is a type of flat panel that consists of two thin aluminium sheets bonded to a non-aluminium core, typically between 3 and 7mm thick. The panels can have a painted or metallic finish (eg copper or zinc effects). It can be differentiated from solid aluminium sheet by looking at a cut edge whereby the lamination is visible. It may be necessary to cut a hole in a panel if a cut edge is not readily accessible.

On buildings with a floor over 18m above ground level, where ACM panels are identified, it is necessary to establish whether the panels are of a type that complies with the Building Regulations guidance ie the core material should be a material of limited combustibility or Class A2.

Testing of ACM

To allow for the identification of core materials, we are putting in place Government-funded testing capacity that will allow a small sample of the cladding to be tested and its type identified. If you wish to take up this offer, then you will need to submit samples for testing.

Where the surveyor undertaking assessment of a composite panel determines that it is necessary for cladding to be subjected to laboratory screening they should follow this procedure:

  1. Cut out two samples of at least 250x250mm in size from each location sampled. Take photographs as necessary to identify the location of the sample. You should take samples from above and below 18m above ground level as appropriate and check different multiple panels where you have concern that material specification varies.
  1. Using an indelible ink pen, note the building name / number, postcode and a unique identifier (i.e. name of building owner followed by unique sample number e.g. ABC/001) traceable to the specific location within the building of each sample. Add a direct dial telephone or mobile contact number to be used in the event that there are any queries on the sample.
  1. You must make good by closing the hole using a non-combustible sheet such as steel fixed with self-tapping screws or rivets.
  1. Complete the data return form attached to this letter (https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/620798/Data_Return_Form_for_testing_of_ACM_-_private_residential.xlsx) and include a hard copy of it with the sample. You should provide as much information as is readily available, but not if this will delay submission of samples for testing.
  1. Place one of the samples from each location in a padded envelope with a copy of the data return form. Clearly mark the envelope URGENT – CLADDING TEST SAMPLE.
  1. Send the test samples by recorded delivery or courier to:

BRE, Bucknalls Lane, Garston, Watford, Herts, WD25 9XX

For any testing related queries please email material.screening@bre.co.uk

  1. Retain the second sample from each location for your own records or for testing in the event that samples are lost or misplaced in transit

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

 

Electrical safety in shared or rented accommodation – council landlord bans use of mains extension lead on health and safety grounds

Electrical safety in shared or rented accommodation – council landlord bans use of mains extension lead on health and safety grounds

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 406 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 will look into enquiries regarding the advice given by non-regulators such as insurance companies, health and safety consultants and employers and, quickly assess if a sensible and proportionate decision has been made. 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 406)

Local council bans tenant from using a mains extension lead from within his house, citing health and safety reasons.

Panel opinion

Health and safety and safety at work legislation does not prevent tenants from using their own extension lead at home for personal use. This seems to be a case of the landlord leading their tenant astray by inappropriately extending health and safety at work legislation to justify their rules.  Rather than banning extension leads, the landlord could more appropriately refer tenants to available guidance, for example from Electrical Safety First (http://www.electricalsafetyfirst.org.uk/guides-and-advice/around-the-home/visual-checks/) or the Department for Communities and Local Government Fire safety in shared or rented accommodation (https://www.gov.uk/government/publications/fire-safety-in-shared-or-rented-accommodation).

The Government guidance advises the following to tenants in respect to electrical safety:

Be extra careful with electrics

  • Avoid overloading sockets
  • Keep to one plug per socket
  • Use a proper adaptor when using a non UK electrical appliance. Never put two prong plugs into three prong sockets
  • Don’t use heaters for drying clothes and keep them a safe distance away to avoid them catching fire
  • Inform your landlord immediately if you are concerned about the electrics in your property. If you notice burn marks around plugs or cables for example.
  • Don’t fix faulty electrics yourself. Inform your landlord or call a qualified electrician.
  • An extension lead or adaptor will have a limit to how many amps it can take, so be careful not to overload them to reduce the risk of fire. Appliances use different amounts of power – a television may use a 3 amp plug and a vacuum cleaner a 5 amp plug for example.

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

 

 

Gas boilers – flues in voids (HSE Safety Notice); housing association prosecuted for safety failings

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

Housing association prosecuted for safety failings

A housing association has been prosecuted after allowing renovations to take place that put residents at risk of carbon monoxide poisoning.

A Sheriff Court heard that one of Scotland’s largest registered social landlords had allowed chimneys to be removed from properties on two separate occasions. It was later discovered during the annual gas checks that the chimneys acted as the necessary gas flue for adjacent properties.

HSE’s investigation into both incidents revealed that at the time the chimney removals took place not only was there was no procedure in place for the company’s workers to follow in respect of this type of work, neither were any risk assessments carried out in relation to the chimney removals which would have identified the risk to carbon monoxide poisoning for the residents.

The housing association pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act (1974) and was fined £8,000.

Around seven people die each year from carbon monoxide poisoning caused by gas appliances and flues that have not been properly installed, maintained or that are poorly ventilated.

Gas boilers – flues in voids (updated 20th May 2013)

This Safety Notice provides updated information to that in the safety alert that was issued by the Health and Safety Executive (HSE) on 2nd October 2008 following a death earlier that year.

The purpose of the original Alert was to raise awareness of the potential dangers from certain types of flues connected to gas-fired central heating installations in some properties (particularly, but not exclusively, a large number of flats and apartments completed since about 2000) that may not have been installed properly, or may have fallen into disrepair.

Where boilers are located away from external walls, flues are more likely to run through ceiling (or wall) voids. In such cases when the gas appliance is serviced or maintained it can be difficult, or impossible, to determine whether the flue has been installed correctly or whether it is still in good condition.

Where a flue fault exists in combination with a boiler which is not operating correctly, dangerous levels of carbon monoxide (CO) could be released into the living accommodation. CO is a colourless, odourless, tasteless, poisonous gas produced by incomplete burning of carbon-based fuels. It stops the blood from bringing oxygen to cells, tissues, and organs and can kill quickly, without warning.

The 2008 Alert referred to the relevant gas industry technical guidance which gas engineers were expected to follow. A revised version of this guidance has now been published by Gas Safe Register. This changes the approach that Gas Safe registered engineers will take when they encounter relevant installations.

The purpose of this Safety Notice is to make homeowners, landlords and tenants aware of these changes as action might be required. It is not, however, the only means of communication. An industry working group (including representatives of the gas industry, home builders, home warranty providers and boiler manufacturers, assisted by HSE) will ensure that information is readily available to all those who may be affected.

Background

The introduction of fan-flued gas appliances in the mid 1990s allowed gas central heating boilers to be installed away from external walls. This meant that builders could design new-build and refurbishment properties with boilers being installed on internal walls to make better use of the available space. The flues to these boilers were, in some cases, routed through voids in the ceiling space (and through stud walls) between properties above.

This practice became progressively more popular from 2000 onwards and the vast majority of affected systems are thought to be located in new build flats and apartments completed since 2000. It is however possible that other types of home may have similar central heating systems installed.

Gas engineers are legally required to check the flue after carrying out any work on the boiler. This will include a visual inspection. Similarly, when an engineer installs a boiler they need to ensure that it can be used without constituting a danger to anyone; this would include checking whether the flue is safe. The original installer and every subsequent servicing or maintenance engineer need to be able to check that:

  • the flue is continuous throughout its length;
  • all joints are correctly assembled and are appropriately sealed; and
  • the flue is adequately supported throughout its length.

Unless the gas engineer can make these checks they cannot ensure that the flue from the boiler is safe in order to comply with their legal duties. This necessitates the provision of appropriate inspection hatches in the ceiling (and, where relevant, stud wall).

The original industry technical guidance (aimed at registered gas engineers) advised that where the flue to the boiler was concealed within a void and could not be visually inspected it should be assessed as “not to current standards” (NCS) in accordance with the Gas Industry Unsafe Situations Procedure (GIUSP – see Reference section for explanation). This was dependent on there being no other risks being present which may have made the boiler unsafe.

Revised guidance takes effect on 1st January 2011. This is the result of the industry working group who undertook a review of the original guidance and concluded that the potential risk from such systems, should it not be possible to inspect the flue, requires an alternative approach to ensure that the necessary remedial action is taken.

Action required

The revised technical guidance requires inspection hatches to be fitted in properties where the flue is concealed within voids and cannot be inspected. The homeowner (or landlord etc.) has until 31st December 2012 to arrange for inspection hatches to be installed. Any gas engineer working on affected systems after 1st January 2013 will advise the homeowner that the system is “at risk” (AR) in accordance with the GIUSP and, with the owner’s permission will turn off the gas supply to the boiler so it cannot be used.

In the interim period, where no inspection hatches are fitted, the registered gas engineers will carry out a simple risk assessment which should ensure that the risk from exposure to CO is managed in the short-term. This risk assessment includes:

  • looking for signs of leakage along the flue route; and
  • carrying out a flue combustion analysis check (and obtaining a satisfactory result); and
  • checking for the presence of suitable audible carbon monoxide (CO) alarms (and installing such alarms where they are not already fitted).

As long as this boiler passes the series of safety checks and the risk assessment does not identify any concerns about its safety, it can be left on. Suitable inspection hatches will however need to be fitted to the ceiling (or wall, as appropriate) by end 31st December 2012. Wherever possible it is recommended that inspection hatches are fitted before this date.

Once inspection hatches have been fitted, the gas engineer will be able to make sure that the flue is safe and was installed in line with the relevant standards and manufacturers instructions.

A simple explanation of the issue, the risks and how the matter can be resolved, as well as a number of frequently asked questions, have been developed for householders. The industry working group are looking at how best to target individual households that are most likely to be affected. In the meantime, further information is available on the Gas Safe Register website: http://www.gassaferegister.co.uk/fluesinvoids

If you are unsure whether a property has concealed gas flues and think you might be at risk:

  • If you have your gas appliances checked annually by a Gas Safe registered engineer he/she will be able to advise whether this Notice applies to your property.
  • If you do NOT have your boiler regularly serviced arrange for a Gas Safe registered engineer to visit to check the appliances and flues. Show them this Notice.

If a property has concealed flues in voids and no inspection hatches:

  • If the property is less than 2 years old contact the original builder for assistance with the retrofitting of inspection hatches and repair of any flue defects.
  • If the property is between 2 and 10 years old contact the home warranty provider as you may be covered by them if there are defects in the flue. The main warranty providers (NHBC, Premier Guarantee and Zurich Building Guarantee) have however advised that cover is not provided for installing inspection hatches in homes over two years old.
  • If the property is 10 years or older you should contact a Gas Safe registered engineer. You or your landlord will have to meet the cost of the inspection hatches and any defects to the boiler or its flue. It may still be worth contacting the home builder who may be able to assist in some way, or be able to recommend reputable building services companies to carry out the work.

Having taken advice as above, arrange for a competent builder or building services company to fit inspection hatches as soon as you can and, in any case, by 31st December 2012. (If you don’t, from 1st January 2013 a Gas Safe registered engineer will advise you that the appliance is “at risk” and, with your permission, will turn off the appliance; they will tell you it should not be used until inspection hatches are fitted so that the flue can be checked for safety.)

Do not:

  • Attempt to check the flue system yourself (unless you are a Gas Safe registered engineer). You are likely to do more harm to the installation and place you and your family at greater risk.
  • Try to install inspection hatches yourself. You may damage other key functions of the ceiling, such as fire and noise proofing.

If you live in rented accommodation and think your property might be affected:

  • Bring this Notice to the attention of your landlord or managing agent. It is the responsibility of the landlord to ensure that inspection hatches are installed and that the boiler and flue are checked every year.

If you think you are suffering the symptoms of CO poisoning:

  • Turn the appliance off immediately and contact the National Gas Emergency Service on 0800 111 999.
  • If you think you or your family experience any of the symptoms of CO poisoning you should seek urgent medical advice from either your GP or an accident and emergency department.

For more information visit the HSE web page: http://www.hse.gov.uk/safetybulletins/fluesinvoids.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 – 25TH FEBRUARY 2016

REGISTER BELOW-LEFT TO RECEIVE OUR UPDATES BY EMAIL

IN THIS UPDATE

Introduction

Young people at work – sixteen year old worker falls through skylight

Powered gates FAQs – firm fined after man struck by gate

Safe use of forklift trucks – scrap metal firm in court over worker’s severe forklift injuries

Introduction

Figures published last October by the Department for Education revealed that thousands more young people are working or learning after the age of 16. Many young people are likely to be new to the workplace and in some cases facing unfamiliar risks, from the job they are doing and from their surroundings. They need to be provided with clear and sufficient instruction, training and supervision to enable them to work without putting themselves and other people at risk. We open this week’s update with HSE guidance on employing under 18’s, following news of a roofing company being fined after a young worker fell through a skylight.

Also last October, we shared HSE guidance on powered door and gate safety (click on the link: http://www.eljay.co.uk/news/health-safety-news-update-8th-october-2015/) ahead of Gate Safety Week which, in the words of Powered Gate Group Chairman Neil Sampson, “is all about raising public awareness of the dangers of using a poorly installed or maintained powered gate, in the hope that we can prevent any further deaths or injuries”. (The risks associated with powered gates have been well documented by the HSE. The following safety notice was issued after two incidents that both led to the deaths of young children: http://www.hse.gov.uk/safetybulletins/electricgates2.htm) Only last week, news was released by the HSE, of company that produces and installs gate systems being fined after the leaf of a gate fell and struck a man, so this week we’re sharing HSE responses to some FAQs on the topic.

And finally, we share HSE guidance on the safe use of forklift trucks following news of a scrap metal firm being in court over a worker’s severe forklift injuries.

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

Young people at work – sixteen year old worker falls through skylight

A Stoke-on-Trent roofing company has been fined £14,000 plus £6,919 costs, after an employee suffered serious injury when he fell through a roof skylight at an address in Newcastle under Lyme.

Newcastle under Lyme Magistrates’ Court heard how the young worker accessed an unprotected roof and fell through the skylight. He was working during the summer vacation in July 2014 when the incident occurred. He suffered three cracked vertebrae.

An investigation by the Health and Safety Executive (HSE) into the incident found that there was poor supervision and training.

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 web page 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 following links for more guidance:

Young people FAQs (visit HSE web page http://www.hse.gov.uk/youngpeople/faqs.htm for answers):

  • Does an employer have to carry out a separate risk assessment for a young person?
  • What if a young person doesn’t feel confident about raising a health and safety concern with their employer?
  • Does an employer need to have Employers’ Liability Compulsory Insurance (ELCI) in place before they employ a young person?
  • How does an employer avoid putting a young person at risk due to their physical limitations?
  • How do I assess a young person’s psychological capability?
  • What constitutes harmful exposure?
  • Can a young person be employed to work with ionising radiation?
  • How do I take account of a young person’s lack of maturity, lack of risk awareness, insufficient attention to safety and their lack of experience or training?
  • Are young people at more risk of exposure to extreme temperature, noise or vibration?
  • I understand there has been a change to the official statutory school leaving age, rising to age 17 in 2013, with a further rise to 18 from 2015. Is this correct and does this mean that the definition of a child has changed?

Common young people myths

“Under 18s cannot be employed on construction sites for work or work experience”

There is no reason why a young person under 18 could not be employed on a building site for work or work experience, provided the work was properly assessed and suitable controls put in place. Although there may be times when it would not be appropriate for an under 18 to be employed, these will be very much the exception rather than the rule.

“Schools and colleges, or those organising work experience placements on their behalf, such as Education Business Partnerships, have to carry out workplace checks before sending students on work experience placements and staff carrying out these checks must meet prescribed levels of occupational competence or qualification”

There are no health and safety regulations that require schools, colleges, or those organising placements on their behalf, to carry out workplace assessments for work experience placements. There is also no requirement for any prescribed level of occupational competence or qualification for education personnel, or others organising these placements.

However, schools, colleges and others organising placements do need to satisfy themselves that an employer has risk management arrangements for placements, including for higher risk environments. Find out what you need to do and how to keep it simple by visiting the following HSE web page: http://www.hse.gov.uk/youngpeople/workexperience/organiser.htm.

“A separate risk assessment is required for work experience students”

A separate risk assessment is not required specifically for work experience students, as long as your existing assessment already considers the specific factors for young people. Furthermore, there is no requirement to re-assess the risks each time an employer takes on a new work experience student, provided the new student has no particular needs.

“Schools, colleges and those organising work experience placements on their behalf, such as Education Business Partnerships, must visit all workplaces in advance of a student starting a work experience placement”

It is not for schools, colleges or those organising work experience placements on their behalf, to assess work places. The employer who is taking on the student for work experience has the primary responsibility for their health and safety. However, schools, colleges and others organising placements do need to take reasonable steps to satisfy themselves that an employer is managing any significant risks. For many low risk premises a visit will not be necessary, there is no reason why this couldn’t be done over the phone, with placement organisers simply making a note of the discussion. A conversation with an employer could include finding out what the student will be doing, what the risks are and how they are managed.

It is about keeping checks in proportion to the environment and in many cases it is likely that a school, college, or other placement organiser will be familiar with employers they use regularly and will be aware of their track record. They may also know of other schools, colleges and placement organisers who have placed students with the same employers and can share information with them. Find out what you need to do and how to keep it simple by visiting the following HSE web page: http://www.hse.gov.uk/youngpeople/workexperience/organiser.htm.

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

Powered gates FAQs – firm fined after man struck by gate

A company that produces and installs gate systems has been fined £20,000 plus £5,000 costs after the leaf of a gate fell and struck a man.

Newport Magistrates’ Court heard how the company was contracted to manufacture and install a gate system at commercial premises in Caerphilly.

The gate consisted of two leaves; one of which was driven by a motor and connected to the second leaf by a chain and sprocket which provided the drive motion for the second leaf.

There was a failure of the gate mechanism and in September 2014 an employee at the premises went to manually close the gate. The leaf he was pulling came out of the runners and it collapsed on him. A vertical rail struck his leg and resulted in severe trauma to his leg with muscle and nerves torn away. He was hospitalised for ten days and off work for one year.

An investigation by the Health and Safety Executive into the incident found that the underlying failure of the gate mechanism was as a result of inadequate design, assessment and control measures to ensure the gate was safe for use.

HSE inspector Dean Baker said after the hearing: “Powered gates pose a risk to employees and members of the public. Those responsible for installing, maintaining and operating these gates need to make sure they are safe during installation and use. This accident could have been avoided if the clearly foreseeable risk of the gate falling had been identified and controlled.”

FAQs – Powered gates

What are the risks with powered (automatic) doors and gates, and how can they be controlled?

In recent years, a number of adults and children have been seriously injured or killed by this type of machinery (click on the link for more information: http://www.hse.gov.uk/safetybulletins/poweredgates.htm). The injuries were caused because people have been trapped or crushed by the moving door or gate. All powered doors and gates must be properly designed, installed and maintained to prevent possible injuries.

What if I think a gate is unsafe?

Unless you’ve been working on the gate, the ‘owner’ of the gate has to ensure that the gate is safe and without risks to others. The ‘owner’ here includes landlords or managing agents with responsibility for the gate. If the owner thinks the gate is unsafe, he should take steps to make it safe – for example, by engaging a competent person to install safety mechanisms or protective devices. Meanwhile, for safety, it should be switched off, or only used safely in a supervised way, eg under direct hold-to-run control.

If you’ve been working on the gate – eg installing, repairing, maintaining the gate – then you are responsible for ensuring it is left in a safe state. You should discuss your concerns with the gate owner so that they can take action to put things right.

I’m a domestic householder, do I have to do anything?

Health and safety law doesn’t apply to you. But it is a good idea to have regular checks carried out on the gates in accordance with the manufacturer’s instructions. This is particularly important where the gate may affect the safety of third parties – such as passers-by, children or visitors. As with other contractors, you’ll need to check that they are competent to carry out any work/inspections that you ask them to do.

Please note that anyone undertaking a ‘work activity’ on a domestic powered gate (eg repairs, checks, adjustments, servicing) will be subject to health and safety law. For further details see Powered Gates: Responsibilities (http://www.hse.gov.uk/work-equipment-machinery/powered-gates/responsibilities.htm)

I own commercial/industrial premises, what do I have to do?

You will have to ensure that powered doors and gates on the premises are safe. Existing powered doors and gates must be designed, constructed and maintained for safety. You will need to inspect them regularly to make sure they work properly and that protective devices are effective. In some cases, you may need to use a competent contractor to help you do this.

If you’re going to install a new powered door or gate – or ‘power-up’ an existing manually operated one – you should employ a competent installer who understands how these machines work, what the safety requirements are, how to do the work safely, and comply with the law concerning machinery supply. They should also provide you with user instructions and details on how to maintain the gates.

I install doors and gates, what must I do?

You must be competent. This means you must understand the risks associated with these products and the law concerning supply. You should ensure that they are installed according to the manufacturers’ instructions, making checks and adjustments as necessary so they are left safe. You must give user instructions to the client – whether domestic or commercial/industrial – on how to use and maintain the gates. If you have any concerns about the design of the gate, or its components, then you should discuss these with the manufacturer/supplier.

As a maintenance contractor, what do I have to do?

You must be competent to carry out maintenance or inspection work. This means understanding how the door or gate and its safety features work. If you find something wrong then you should talk to the owner about what you need to do to make it safe, particularly if there is a risk of injury. You need to leave the gate in a safe state. Where new components are fitted the user instructions may need to be updated.

HSE cannot get involved in civil disputes between owners or others with responsibility and contractors where there are disagreements about maintenance, repairs or upgrading work. In such cases, the owner and the contractor need to resolve the issues; both need to ensure that people are not put at risk of harm. Organisations such as Gate Safe® (http://gate-safe.org/) and the Door and Hardware Federation (http://www.dhfonline.org.uk/) may be able to help.

What are the main safety requirements for these machines?

Powered gates and doors

  • Must be properly designed, taking full account of the environment of use, the presence of vulnerable members of the population, and potential foreseeable misuse, as well as intended use;
  • Manufactured (including when assembled from components in situ) to the safety standards required by law, regardless of whether for use in connection with work, or located on private domestic premises;
  • Supplied with all relevant documentation, particularly the user instructions for the complete product, and where necessary of component parts;
  • Installed safely, and maintained for safety, by competent contractors;
  • If part of a workplace, be adequately inspected and maintained for safety;
  • If part of premises managed by a work undertaking (including landlords and managing agents of residential complexes), to meet the general duty for the safety of non-employed persons;
  • As necessary for on-going safety, regularly checked, which may require specific inspection, testing, and adjustment, so they remain safe; and
  • Where found to be dangerous, immediately taken out of use until all of the safety concerns have been adequately addressed.

What does the law say?

Powered (automatic) gates (barriers and doors) located in ‘workplaces’ are subject to a number of specific legal requirements. These will include requirements for:

  • design, manufacture, supply and installation under the Supply of Machinery (Safety) Regulations 2008; and
  • inspection and maintenance under the Workplace (Health, Safety and Welfare) Regulations 1992.

There will also be general requirements under the Health and Safety at Work etc Act 1974 in relation to risks to third parties (non-employees).

Powered (automatic) gates for use on private domestic premises must comply with the Supply of Machinery (Safety) Regulations 2008 when first installed.

Where can I get more information?

You can get more information about safe machinery and work equipment here: http://www.hse.gov.uk/work-equipment-machinery/index.htm. For more detailed information and guidance on this topic see the Powered Gate section: http://www.hse.gov.uk/work-equipment-machinery/powered-gates/introduction.htm.

HSE has worked with Gate Safe® and the Door and Hardware Federation (DHF) to produce advice and guidance on powered gates. You can get specific information on powered doors and gates from their web sites.

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

Safe use of forklift trucks – scrap metal firm in court over worker’s severe forklift injuries

A scrap metal firm and its director have been sentenced after a Manchester worker suffered severe injuries to his left arm when it became stuck in a forklift truck.

The 30 year old worker remained trapped for over two hours while the emergency services tried to free his arm from the vehicle’s mast at a Manchester trading estate in November 2013.

The company and its director were prosecuted by the Health and Safety Executive (HSE) after it emerged that the worker had been told to stand on the forks on the truck to help move scrap cars into the back of a shipping container.

He suffered severe crush injuries when his arm became trapped and it took the combined effort of three fire crews, a specialist major rescue unit, two air ambulances, a medical team from Manchester Royal Infirmary and three ambulance crews to rescue him.

He sustained nerve damage to his left arm which makes it difficult for him to grip or lift items, and was in hospital for nearly two months. He still needs to visit Manchester Royal Infirmary for treatment and has been unable to return to work due to the extent of his injuries.

The court was told the company failed to report the incident to HSE for nearly three months, despite being told on several occasions that this was a legal requirement.

The company director was sentenced to six months imprisonment suspended for 18 months and ordered to pay costs of £750 after pleading guilty to a breach of Section 2 (1) of the Health and Safety at Work etc. Act 1974.

The firm pleaded guilty to breaches of Section 2 (1) of the Health and Safety at Work etc. Act 1974 and Regulation 4 (2) of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013.

Managing lift trucks

Key messages

  • Lift trucks are particularly dangerous in the workplace.
  • On average, lift trucks are involved in about a quarter of all workplace transport accidents.
  • Accidents involving lift trucks are often due to poor supervision and a lack of training.

Safe working with lift trucks

HSE has published an Approved Code of Practice (ACOP) and guidance called Rider-operated lift trucks: Operator training and safe use. Click on the following link to download a free copy: http://www.hse.gov.uk/pubns/books/l117.htm

This sets the minimum standard of basic training people should receive before they are allowed to operate certain types of lift truck – even if they only operate the equipment occasionally. It also provides detailed guidance about how they can meet this standard.

The ACOP covers stacking rider-operated lift trucks, including articulated steering trucks. ‘Rider-operated’ means any truck that can carry an operator and includes trucks controlled from both seated and stand-on positions.

If you employ anyone to operate a lift truck covered by the ACOP, you should make sure that operators have been trained to the standards it sets out.

The ACOP also includes some sections taken from ‘Safety in working with lift trucks’ (now withdrawn).

More HSE guidance is available by clicking on the following links:

For more information on vehicles at work, visit the HSE web page http://www.hse.gov.uk/workplacetransport/ 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 – 28TH JANUARY 2016

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IN THIS UPDATE

Introduction

Legionella and Legionnaires’ disease – Council sentenced after legionella death at care home

Construction (Design and Management) Regulations (CDM 2015) and the entertainment industry

IOSH Managing Safely Refresher Course, 11th March, Stoke-on-Trent

Introduction

A couple of months ago, we shared HSE guidance on Legionella and Legionnaires’ disease, after an international engineering firm, which refurbishes turbine blades, was fined a total of £110,000 plus £77,252 costs for failing to manage the risk to public and employees of exposure to the potentially fatal bacteria. Since then, Reading Borough Council (RBC) has been fined £100,000 plus £20,000 costs following an investigation into the death of a pensioner who died from exposure to Legionella at a care home. We open this week’s update with more information and a link to the HSE guidance.

We’re also sharing guidance this week to help those in the entertainment industry understand what they need to do to comply with the Construction (Design and Management) Regulations 2015 (CDM 2015). The UK events industry is worth £39.1 billion, with the biggest contributing segments in 2014 being conferences, meetings, exhibitions and trade fairs, taking place at approximately 10,000 venues, with an attendance of 85 million. Typical construction projects undertaken during events/productions include building outside broadcasts at sports events, building TV sets in studios, and touring theatre set builds.

And finally, we close this week’s update with details of an IOSH Managing Safely Refresher one-day course we’re running this March in Stoke-on-Trent. Delegates will get to refresh their knowledge on the key parts of the full Managing Safely course, plus there’s a much greater emphasis on monitoring, auditing and reviewing.

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

Legionella and Legionnaires’ disease – council sentenced after legionella death at care home

A couple of months ago, we shared HSE guidance on Legionella and Legionnaires’ disease, after an international engineering firm, which refurbishes turbine blades, was fined a total of £110,000 plus £77,252 costs for failing to manage the risk to public and employees of exposure to the potentially fatal bacteria. (Click on the link to read the press release and guidance: http://www.eljay.co.uk/news/health-safety-news-update-3rd-december-2015/)

Since then, Reading Borough Council (RBC) has been fined following an investigation into the death of a pensioner who died from exposure to legionella.

During the Health and Safety Executive (HSE) prosecution, Reading Magistrates’ Court heard how the 95-year-old vulnerable gentleman arrived at the RBC operated care facility in September 2012.

He had previously been in hospital having suffered a broken leg and was attending the care home to receive intermediate care before returning to his own home.

However, during his stay he began feeling unwell, complaining of aches and pains including tightness of the chest, shortness of breath and difficulty in breathing. He was also suffering from nausea.

When he was re-admitted to hospital a sample proved positive for the presence of Legionella. He underwent treatment for Legionnaire’s disease, but died on 1 November 2012 from pneumonia related to legionella.

The prosecution said the control and management arrangements needed to ensure the risk from legionella is minimised, need to be robust. The court was told, prior to November 2012, RBC’s arrangements were not robust enough in a number of areas.

The Legionella training for the key personnel at the care home was significantly below the standard required. There were inadequate temperature checks and some of those done with respect to Thermostatic Mixer Valves (TMVs) were done incorrectly.

Showers were not descaled and disinfected quarterly as required; flushing of little used outlets was reliant on one member of staff and there was no procedure for this to be done in the absence of that member of staff.

HSE said the failings were systemic and continued over a period of time and there was a history of legionella problems at the home. The monitoring, checking and flushing tasks were given to the home’s handyman who was inadequately trained and supervised. There was no system in place to cover for him when he was away so that the requisite checks were not done.

Reading Borough Council, Civic Offices, Bridge Street, Reading admitted breaching Section 3(1) of Health and Safety at Work etc. Act 1974 and was fined £100,000 with £20,000 costs in Reading Crown Court.

After the hearing, HSE inspector Kelly Nichols said: “Reading Borough Council could and should have controlled the risk of exposure to legionella to the elderly and infirm as well as those receiving immediate care prior to returning home.

“RBC’s failings were systemic and continued over a period of time. There was a history of legionella problems at the home. The control and management arrangements were not robust and the legionella training of key personnel fell significantly below the required standard.

“The risks from legionella in nursing and care homes and the required control measures to manage those risks have been known and publicised in HSE publications since May 2000. It is really disappointing to find a local authority not managing those risks. It is important for all care providers to ensure they are managing the risks from hot and cold water systems with respect to both legionella and scalding risks especially due to likely exposure of more vulnerable people.”

For HSE guidance on controlling the risks from exposure to Legionella in man made water systems, click on the link: http://www.hse.gov.uk/legionnaires/. The information will help employers and those with responsibility for the control of premises, including landlords, understand what their duties are and how to comply with health and safety law.  It applies to premises controlled in connection with a trade, business or other undertaking where water is stored or used, and where there is a means of creating and transmitting breathable water droplets (aerosols), thus causing a reasonably foreseeable risk of exposure to legionella bacteria.

We carry out Legionella risk assessments of commercial and residential premises. For more information and/or a no-obligation quotation, contact us on 07896 016380 or at Fiona@eljay.co.uk.

Construction (Design and Management) Regulations (CDM 2015) and the entertainment industry

The UK events industry is worth £39.1 billion, with the biggest contributing segments in 2014 being conferences, meetings, exhibitions and trade fairs, taking place at approximately 10,000 venues, with an attendance of 85 million. Typical construction projects undertaken during events/productions include building outside broadcasts at sports events, building TV sets in studios, and touring theatre set builds.

We’re sharing guidance this week to help those in the entertainment industry understand what they need to do to comply with the Construction (Design and Management) Regulations 2015 (CDM 2015).

What you should know

CDM 2015 is not about creating unnecessary bureaucracy. It is about securing the health, safety and welfare of those carrying out construction work and protecting others who the work may affect, from harm. With this principle in mind, this guidance illustrates how CDM roles and duties can be applied to existing common management arrangements and processes in the four main industry sub-sectors (click on the links for more information):

This will also help others in the industry, with different management arrangements, to determine what they need to do to comply with CDM.

Worked examples for typical construction projects in the event/production industry have been included, to show what proportionate compliance with CDM 2015 might look like in practise. Click on the link: http://www.hse.gov.uk/entertainment/cdm-2015/worked-examples.htm

This guidance should be read in conjunction with HSE’s L153: Managing health and safety in construction (http://www.hse.gov.uk/pubns/books/l153.htm)

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

The Construction (Design and Management) Regulations 2015 (CDM 2015) apply to all construction projects, including those undertaken in the entertainment industry. A project includes all the planning, design and management tasks associated with construction work. For example, the building, fitting out and taking down of temporary structures for TV, film and theatre productions and live events.

CDM 2015 makes the general duties of the Health and Safety at Work etc Act 1974 more specific. They complement the general Management of Health and Safety at Work Regulations 1999 and integrate health and safety into the management of construction projects.

The aim is for construction health and safety considerations to be treated as a normal part of an event/production’s management and development, not an afterthought or bolt-on extra. In concert with wider measures taken to ensure a safer event/production, the objective of CDM 2015 is to reduce the risk of harm to those that have to build, fit out, use, maintain and take down structures.

The key principles of CDM 2015 will be familiar to those already managing risks effectively as part of an event/production. The key principles are:

  • eliminate or control risks so far as reasonably practicable;
  • (This means balancing the level of risk against the measures needed to control the real risk in terms of money, time or trouble. However, you do not need to take action if it would be grossly disproportionate to the level of risk)
  • ensure work is effectively planned;
  • appointing the right people and organisations at the right time;
  • making sure everyone has the information, instruction, training and supervision they need to carry out their jobs safely and without damaging health;
  • have systems in place to help parties cooperate and communicate with each other and coordinate their work; and
  • consult workers with a view to securing effective health, safety and welfare measures.

Any actions you take to comply with CDM 2015 should always be proportionate to the risks involved.

Find out more (click on the links)

For more information, visit the HSE web page http://www.hse.gov.uk/entertainment/cdm-2015/ or contact us on 07896 016380 and we’ll be happy to help.

 

IOSH Managing Safely Refresher Course, 11th March, Stoke-on-Trent

If you’ve taken the IOSH Managing Safely course within the last three years, you may be interested in the one-day Refresher course we’re running this March (Friday 11th) in Stoke-on-Trent (venue to be confirmed).

This is a practical and engaging one-day course that keeps employees’ Managing Safely training up to date. Not only will delegates get to refresh their knowledge on the key parts of the full Managing Safely course, there’s also a much greater emphasis on monitoring, auditing and reviewing, which is learned through two practical case studies.

Course detail

Key aspects of the course

  • Personal reflections
  • Refreshing your knowledge
  • Building on what you know
  • Putting managing safely into practice
  • Applying the management system

Assessment

  • Interactive quiz and discussions
  • Completion of a practical exercise based on the operations of a real business
  • Successful delegates are awarded an up-to-date IOSH Managing safely certificate

How the course delivery style suits you

  • Memorable and thought provoking facts and case studies help drive the points home over the whole course
  • Each module is backed by crystal clear examples and recognisable scenarios, and summaries reinforce the key learning points
  • The course includes checklists and other materials for delegates to try out and then use when they get back to their own workplaces
  • Little ‘down time’ – the programme can be delivered flexibly so that it suits your business
  • Efficient and effective learning – health, safety and environmental basics are covered in a single programme

Business benefits

  • Greater productivity as fewer hours are lost due to sickness and accidents
  • Improved company-wide safety awareness culture and appreciation for safety measures
  • Active staff involvement to improve the workplace
  • Nationally recognised and respected certification for managers and supervisors
  • Enhanced reputation within the supply chain

For delegates to be eligible to take the Refresher course, they must do so within three years of completing their Managing Safely course.

The course fee is £145 plus VAT, which includes lunch and certification.

For more information, or to book a place, please contact us on 07896 016380 or at Fiona@eljay.co.uk. We provide a wide range of training courses, and our brochure can be downloaded from the Training page on our website (http://www.eljay.co.uk/health-and-safety-training-and-courses.php)

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

 

 

HEALTH & SAFETY NEWS UPDATE – 12TH NOVEMBER 2015

REGISTER BELOW-LEFT TO RECEIVE OUR UPDATES BY EMAIL

IN THIS UPDATE

Introduction

Smoke and Carbon Monoxide Alarm (England) Regulations 2015 – landlords now required by law to install working smoke and carbon monoxide alarms in their properties

Working safely with lead – roofing firm fined after workers are exposed

HSE and HMRC working together for you – growing your business

Introduction

Last month, as part of wider government moves to ensure that there are sufficient measures in place to protect public safety (while at the same time avoiding regulation which would push up rents and restrict the supply of homes – limiting choice for tenants), the Smoke and Carbon Monoxide Alarm (England) Regulations 2015 took effect – requiring landlords to install working smoke and carbon monoxide alarms in their properties and, as a result, helping to prevent up to 26 deaths and 670 injuries a year.

Last week, a roofing company was fined £3,000 and ordered to pay £893.95 in costs after workers were put at risk of significant levels of exposure to lead. The company was found to have not assessed the risks of exposure to working with lead or implemented suitable controls to prevent that exposure. So this week, we share HSE guidance on working with safely with lead, and action required by employers to reduce lead risk to workers.

Is your business growing, and are you taking on new employees? Then you’re likely to be facing new issues and concerns – particularly with regard to health and safety. Whilst we encourage readers to contact us with any queries, we welcome the move by the HSE and HMRC in working together to deliver a live webinar which looks at some of the questions you may have and guides you through the answers. Details of webinar dates – the first of which is next week – and how to register are provided below.

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

Smoke and Carbon Monoxide Alarm (England) Regulations 2015 – landlords now required by law to install working smoke and carbon monoxide alarms in their properties

Landlords are now required by law to install working smoke and carbon monoxide alarms in their properties, under measures announced by Housing Minister Brandon Lewis earlier this year.

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

The measure took effect last month, and comes with strong support after a consultation on property condition in the private rented sector.

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

This is part of wider government moves to ensure there are sufficient measures in place to protect public safety, while at the same time avoiding regulation which would push up rents and restrict the supply of homes, limiting choice for tenants.

Housing Minister Brandon Lewis said:

In 1988 just 8% of homes had a smoke alarm installed – now it’s over 90%.

The vast majority of landlords offer a good service and have installed smoke alarms in their homes, but I’m changing the law to ensure every tenant can be given this important protection.

But with working smoke alarms providing the vital seconds needed to escape a fire, I urge all tenants to make sure they regularly test their alarms to ensure they work when it counts. Testing regularly remains the tenant’s responsibility.

Communities Minister Stephen Williams said:

We’re determined to create a bigger, better and safer private rented sector – a key part of that is to ensure the safety of tenants with fire prevention and carbon monoxide warning.

People are at least 4 times more likely to die in a fire in the home if there’s no working smoke alarm.

That’s why we are proposing changes to the law that would require landlords to install working smoke alarms in their properties so tenants can give their families and those they care about a better chance of escaping a fire.

Ensuring the safety of tenants

Other measures to support the private rented sector include investing £1 billion in building newly-built homes specifically for private rent, giving tenants support against rogue landlords and publishing a How to rent guide so tenants and landlords alike are aware of their rights and responsibilities.

The changes to the law require landlords to install smoke alarms on every floor of their property, and test them at the start of every tenancy.

Landlords also need to install carbon monoxide alarms in high risk rooms – such as those where a solid fuel heating system is installed.

Those who fail to install smoke and carbon monoxide alarms will face sanctions and could face up to a £5,000 civil penalty.

This will bring private rented properties into line with existing building regulations that already require newly-built homes to have hard-wired smoke alarms installed.

And it’s in line with other measures the government has taken to improve standards in the private rented sector, without wrapping the industry up in red tape.

The Department for Communities and Local Government has published an explanatory booklet for landlords, ‘Smoke and carbon monoxide alarms’, free to download by clicking on the link: https://www.gov.uk/government/publications/smoke-and-carbon-monoxide-alarms-explanatory-booklet-for-landlords. The booklet is designed to help landlords further understand and comply with the Smoke and Carbon Monoxide Alarm (England) Regulations 2015.

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

Working safely with lead – roofing firm fined after workers are exposed

A Gloucestershire roofing company has pleaded guilty to health and safety failings after workers were put at risk of significant levels of exposure to lead.

Last week, Worcester Magistrates’ Court was told that during a routine HSE inspection, the company was observed carrying out replacement lead work on a roof in Worcester.

The company was found to have not assessed the risks of exposure to working with lead or implemented suitable controls to prevent that exposure.

There were no known medical affects found in the two workers although significant levels of lead were found in their blood.

The roofing company pleaded guilty to Control of Lead at Work 6(1) and was fined £3,000 and ordered to pay £893.95 in costs.

Working safely with lead

Working with lead can put your health at risk, causing symptoms including headaches, stomach pains and anaemia. Other serious health effects include kidney damage, nerve and brain damage and infertility.

Health effects from exposure to lead

The Control of Lead at Work Regulations 2002 (CLAW) place a duty on employers to prevent, or where this is not reasonably practicable, to control employee exposure to lead.

The occupational exposure limit for lead in air set out in the Regulations is 0.15 mg/m3, and blood lead suspension levels for males and females are 60 and 30ug/dl, respectively.  For young workers (under 18) the blood lead suspension limit is 50 μg/dl.  However there is growing scientific evidence that employees’ health is at risk, even where exposure to lead is below the levels in CLAW, for example, above levels of 40ug/dl, the following health effects have been observed:

  • changes in the blood which might lead to anaemia
  • effects on the nervous system
  • effects on the kidney
  • altered functioning of the testicles which could lead to infertility

At exposures around 30ug/dl, elevated blood pressure in middle-aged males has been reported.

HSE is therefore reminding employers of good practice for controlling workers’ exposures to lead.

The Control of Lead at Work Regulations 2002 (CLAW) place a duty on employers to prevent, or where this is not reasonably practicable, to control employee exposure to lead.

When are you most at risk?

Work processes

When you work in industrial processes which create lead dust, fume or vapour. These include:

  • blast removal and burning of old lead paint
  • stripping of old lead paint from doors, windows etc
  • hot cutting in demolition and dismantling operations
  • recovering lead from scrap and waste
  • lead smelting, refining, alloying and casting
  • lead-acid battery manufacture and breaking and recycling
  • manufacturing lead compounds
  • manufacturing leaded-glass
  • manufacturing and using pigments, colours and ceramic glazes
  • working with metallic lead and alloys containing lead, for example soldering
  • some painting of buildings
  • some spraying of vehicles
  • recycling of televisions or computer monitors which contain Cathode Ray Tubes (CRT’s)

Your body absorbs lead when you:

  • breathe in lead dust fume or vapour
  • swallow any lead for example if you eat, drink, smoke or bite you nails without washing your hands and face.

What you should do to protect your health

  • make sure you have all of the information and training you need to work safely with lead
  • use all of the equipment provided by your employer and follow the instructions for use
  • make sure all protective equipment fits correctly and is in good condition
  • keep your immediate work area clean and tidy
  • clear up and get rid of any lead waste at the end of the day
  • do not take home any protective clothing or footwear for washing or cleaning
  • wear any necessary protective equipment or clothing and return it to the proper place provided by your employer
  • report any damaged or defective equipment to your employer
  • only eat and drink in designated areas that are free from lead contamination
  • keep any medical appointments with the doctor where you work
  • practice a high standard of personal hygiene:
  • wash your hands and face and scrub your nails before eating
  • wash and/or shower before you go home

Action required by employers

  • Review work processes and workplaces for opportunities to reduce workers’ exposure to lead by reducing the number of people exposed, the amount of lead to which they are exposed and the length of time each worker is exposed.
  • Ensure you are using the right controls – check with industry good practice
  • Ensure the controls are always used when needed
  • Keep all controls in good working order. This means mechanical controls (eg extraction, respiratory protection), administrative controls (eg supervision, medical surveillance) and operator behaviour (following instructions).
  • Show that control is being sustained – keep good records.
  • You should consult an appointed doctor about the medical surveillance which is appropriate for your work activities and workplace.
  • If you are in doubt, seek expert help.

Personal decontamination and skin care

  • Provide clean facilities for separate storage of clean and contaminated work clothing.
  • Provide warm water, mild skin cleansers, and soft paper or fabric towels for drying. Avoid abrasive cleansers.
  • Provide pre-work skin creams, which will make it easier to wash dirt from the skin, and after-work creams to replace skin oils.

Caution: ‘Barrier creams’ are not ‘liquid gloves’ and they do not provide a full barrier.

Training and supervision

Train and supervise workers to make sure they are doing the job in the right way and using controls properly to reduce their exposure. Include supervisors and managers in health and safety training. Make sure your workers understand:

  • the hazards associated with working with lead
  • how to use dust controls, and how to check that they are working
  • how to maintain and clean equipment safely
  • how to look after personal protective equipment (PPE)
  • what to do if something goes wrong

Check workers:

  • use the controls provided
  • follow the correct work method
  • turn up for medical surveillance;
  • follow the rules on personal hygiene

For clarification or more information, please visit the HSE web page http://www.hse.gov.uk/lead/ or contact us on 07896 016380 or at Fiona@eljay.co.uk, and we’ll be happy to help.

HSE and HMRC working together for you – growing your business

Find answers to typical questions for growing businesses on health and safety and taking on new employees in this live webinar (seminar conducted over the internet).

Webinar overview

As your business starts to grow or you take on more employees you’ll face new issues and concerns. HMRC and the Health and Safety Executive are working together to deliver a live webinar about the typical situations you are likely to face. It looks at some of the questions you may have and guides you through the answers.

Webinar dates

  • 17 November 2015, 10am – 11am, register by clicking on the below link: https://attendee.gotowebinar.com/register/7646516601989812225
  • 15 December 2015, 10am – 11am, registration (TBA)
  • 12 January 2016, 10am – 11am, registration (TBA)
  • 9 February 2016, 10am – 11am, registration (TBA)
  • 8 March 2016, 10am – 11am, registration (TBA)

Once you have registered the webinar organizer will communicate with you regarding these events.

Alternatively, if you have any questions regarding any aspect of health and safety, contact us on 07896 016380 or at Fiona@eljay.co.uk, and we’ll be happy to help.

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

 

 

HEALTH & SAFETY NEWS UPDATE – 8TH OCTOBER 2015

REGISTER BELOW-LEFT TO RECEIVE OUR UPDATES BY EMAIL

IN THIS UPDATE

Introduction

Gate Safety Week: 12-18 October 2015

Planning and organising lifting operations (global firms sentenced after worker killed)

Employers’ Liability Compulsory Insurance (ELCI)

Health and safety implications of pervasive computing (RFID)

Introduction

Next week is Gate Safety Week which, in the words of Powered Gate Group Chairman Neil Sampson, “is all about raising public awareness of the dangers of using a poorly installed or maintained powered gate, in the hope that we can prevent any further deaths or injuries”. The Door & Hardware Federation Powered Gate Group has published a number of documents which provide guidance on gate safety, and reference to these is made on the HSE website where the advice we share with you this week is also provided.

The need to ensure that relevant information is considered when lift plans are produced was highlighted this summer, when two global companies were sentenced after a worker was killed and another seriously injured during construction of an offshore wind farm. Lifting operations can often put people at great risk of injury, as well as incurring great costs when they go wrong. It is therefore important to properly resource, plan and organise lifting operations so they are carried out in a safe manner, and HSE guidance on this topic is provided below.

Not sure whether or not you need Employers’ Liability Compulsory Insurance (ELCI)? Chances are, unless you have no employees, or are a family business and all employees are closely related to you, that you do. So this week we explain why you need it, and – more importantly – how to get it.

And finally, we look at the implications – positive and negative – of a technological concept that is becoming something of a “buzz word” in the world of health and safety. Radio Frequency Identification, or RFID, is being successfully integrated into site safety procedures by warning pedestrians and machinery drivers of each others’ presence. However, while (as in the development of mobile telecommunications) no threat to human health has yet been proven from exposure to RF radiation, there is public concern about the nature and effects of signals from such technologies (NRPB – Mobile Phones and Health 2004).

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

 

Gate Safety Week: 12-18 October 2015

Next week is Gate Safety Week which, in the words of Powered Gate Group Chairman Neil Sampson, “is all about raising public awareness of the dangers of using a poorly installed or maintained powered gate, in the hope that we can prevent any further deaths or injuries”. The Door & Hardware Federation Powered Gate Group has published a number of documents which provide guidance on gate safety, and reference to these is made on the HSE website where the following advice is also provided:

Powered gates: Ensuring powered doors and gates are safe (click on the link for more information: http://www.hse.gov.uk/work-equipment-machinery/powered-gates/safety.htm)

Powered door and gate safety is not just about the individual components making up the product, but about the way they are combined together to fit a particular set of circumstances, and what is done over time to maintain safety.

At all times a powered gate must respond in a safe way when any person interacts with it. Its design must take into account that foreseeable interactions may go well beyond normal use (eg children playing around or with / on the powered gate), as well as normal wear and tear, and adverse environmental influences, particular wind and rain / snow and other debris that can impair function.

Delivering safety by design and construction

Much is dependent on the way the various component parts (switches, sensors, safety devices, controllers, and motors) are assembled and connected together to respond to the particular environment of use. Safety is usually delivered by a combination of methods, including:

  • design to eliminate hazards such as: the gate running away down a slope, coming off tracks / falling over, closing gaps at hinges creating crushing points, access to parts of the mechanism or gaps between the moving leaf and other leaves (including secondary leaves on telescopic gates) or fixed parts (supports, walls, etc), gaps in railings in which heads may get stuck, etc
  • the stability and strength of mountings and foundations to adequately resist dynamic forces arising from the weight of the gate as it moves and the effects of wind loadings, so as to minimise adverse effects on actuators and sensing systems
  • fixed guarding to prevent / restrict access to drive gears, etc, fencing off the back of sliding gates to avoid shear hazards between the gate leaf and fixed parts, etc
  • speed control, including deceleration when nearing the end of travel / rotational movement where crushing hazards may arise
  • limitation of forces exerted by moving parts (which may be delivered within the gate motor itself), or in conjunction with external protective mechanisms, including pressure sensitive edges fixed to leading and other edges where crushing/impact hazards exist, to detect and cushion the impact with an obstruction
  • non-contact sensors:
  • many of these are only designed to prevent a gate closing on a vehicle (note, these beams are not usually high integrity safety devices, in fact they may need to avoid over-sensitive tripping from rain / snow and leaves, and can usually be easily circumnavigated, eg by stepping over)
  • safety beams, which as higher integrity ‘safety components’ may be deployed in some cases to avoid contact with the moving gate(s), but because of cost are less common than pressure sensitive edges
  • the way the gate is operated: hold-to-run or automatic (fully automatic or from a starting impulse), and
  • the overall behaviour of the system as delivered by the system controller (eg not just stopping when encountering an obstruction, but also backing off at least a short distance to avoid entrapment – because even being held but not crushed can still be hazardous if there is no rescue),
  • the way the system has been wired and set up during / after installation, including the quality and physical protection of wiring and the connections between all component parts, to resist damage, deterioration and water ingress that may cause the loss of the safety function (eg through short circuits), and
  • how it is subsequently maintained / set as parts wear and respond to environmental conditions (eg temperature and wind forces, particularly on close boarded hinged gates which may experience high wind loadings that the drive motors may not always be able to overcome).

All these factors must be considered as part of the initial design (through suitable risk assessment), specification and construction, and appropriate information provided in the User Instructions, including on routine maintenance and the nature and periodicity of safety checks. Lifetime product safety doesn’t just depend on design and construction, but the way it is used and looked after, often by others not involved in original design and construction.

Maintaining for safety

Component parts can wear and fail, sometimes catastrophically. Like most machinery, powered doors and gates need to be maintained to remain safe. Powered gates forming parts of workplaces or in common parts of residential complexes will be subject to health and safety law. Owners, occupiers, landlords and managing agents will have on-going responsibilities for the safety of all users and all those who may encounter the gate.

Those undertaking work on powered gates are responsible for what they do, and for leaving the machinery in a safe condition, which may include switching off and isolating from power if it needs to be left in an unsafe condition. Substantial modifications may require re-assessment, in some cases re-CE marking by the person undertaking the modifications.

Risk assessment, competence and training

Whilst there may be standard components, even final products, the huge range of locations in which they are installed and variable environmental conditions to which they are exposed mean that most powered gates will be unique products requiring some form of specific risk assessment, both for installation and subsequent use. It is therefore not possible to define standard solutions for safety: each powered gate must be considered individually and holistically, employing suitable risk assessment tools and knowledge / expertise to manage the risks on a case by case basis.

Many organisations offer general training on risk assessment, and within the UK powered gate industry both Gate Safe and the Door and Hardware Federation can provide specific powered gate awareness / competence training.

Those working with powered gates need various competencies depending on their role. Often different members of a team will bring different skills to the job, eg electricians for wiring up and checking the basic safety of the electrical components. In some cases to evaluate component performance specific equipment or instruments may be required. For example, where force limitation is the primary means of safety some form of objective force testing may be required to ensure the final product as delivered is within safe limits, and to subsequently check the product remains safe. This may require additional specific competencies, and suitable record keeping.

Use of standards for design, assessment and testing

There are a number of current standards which are relevant to powered gates, including:

  • BS EN 13241-1 the Product Standard for powered gates (and relevant to the CPR)
  • BS EN 12604 & BS EN 12605 on mechanical requirements and tests
  • BS EN 12453 & BS EN 12445 on requirements and test for powered gates
  • BS EN 12635 on installation and use
  • BS EN 12978 on safety devices for power operated doors and gates
  • BS EN 60335-2-103 on drives for household and similar gates
  • BS EN 60335-2-95 on drives for residential vertically moving garage doors

but at present adherence to these standards alone in many cases will not ensure that all of the mandatory requirements for safety (the EHSRs of the Machinery Directive) will be met.

In particular hazards may remain with regard to:

  • Hinges, because of the way forces measured as specified by the above standards are ‘amplified’ closer to the pivot point, especially where crushing / trapping hazards have not been removed by design / construction (which may be less easy to avoid when converting existing gates to powered operation). A child fatality incident in 2006 was in part attributed to the design of the hinge area of a hinged gate.
  • Shear gaps, especially on sliding gates between moving leaves and fixed parts (or in some cases where leaves pass each other, eg telescopic sliding gates.
  • Force limitation, because published research (Mewes & Mauser 2003)1 suggests that the maximum impact forces permitted by the standards may not always be appropriate for the most vulnerable members of society (children, etc) who may reasonable encounter powered gates.
  • Control systems, because the key standard (BS EN 12453) does not define minimum requirements for safety integrity and reliability in all cases.

The use of any of the above standards by manufacturers for product safety is not mandatory (although products in scope of EN 13241-1 may have to be issued with a Declaration of Performance under the Construction Products Regulation). And the use of the main safety requirements standard EN 12453 does not currently give a ‘presumption of conformity’ with the Machinery Directive 2006/42/EC.

Therefore manufacturers will have to show in detail in the technical file for each powered gate how they have designed and constructed the gate to meet the EHSRs and be safe for the gate’s foreseeable lifetime, taking account of foreseeable misuse, as well as intended use.

If you require any clarification at all, or further information, please don’t hesitate to contact us on 07896 016380 or at Fiona@eljay.co.uk, and we’ll be happy to help.

 

Planning and organising lifting operations (global firms sentenced after worker killed)

The need to ensure that relevant information is considered when lift plans are produced (to ensure that all of the relevant risks are considered) was highlighted this summer, when two global companies were sentenced after a worker was killed and another seriously injured during construction of an offshore wind farm.

The incident happened in May 2010, when a team of engineers were loading wind turbine blades onto a sea barge for delivery to a wind farm off the Suffolk coast. During loading of the components, a 2.11 tonne part of the blade transport arrangement fell off, crushing and fatally injuring one worker and seriously injuring another.

The investigation carried out by HSE found serious safety failings in the two firms’ management systems for the loading operation, which allowed vital parts of equipment to go unchecked before being lifted.

Following a four-week trial in July, prosecuted by the Health and Safety Executive (HSE), the two companies were ordered to pay fines and costs totalling in excess of £1 million between them.

Speaking after the hearing, an HSE Inspector said: “This incident could easily have been avoided had suitable systems and procedures been in place to ensure that all loads were properly connected whilst being lifted. Had the right questions been asked when the lift was being planned and had the bolt and two brackets holding the blade and frame together been checked before they were lifted, the death and serious injury of two workers could have been prevented.”

Planning and organising lifting operations

Lifting operations can often put people at great risk of injury, as well as incurring great costs when they go wrong. It is therefore important to properly resource, plan and organise lifting operations so they are carried out in a safe manner. Each of these elements requires a person or people with sufficient competence to be involved at each step. These people should have sufficient theoretical and practical knowledge of the work and equipment in question, as well as the requirements of the law, to be able to do this properly. For complex and high-risk operations, the planning and organisation should be extensive and meticulous.

Planning

The planning of individual routine lifting operations may be the responsibility of those who carry them out (eg a slinger or crane operator). But for much more complex lifting operations (eg a tandem lift using multiple cranes), a written plan should be developed by a person with significant and specific competencies – adequate training, knowledge, skills and expertise – suitable for the level of the task.

For straightforward, common lifting operations, a single initial generic plan may be all that is required (eg fork-lift trucks in a factory), which could be part of the normal risk assessment for the activity. However, from time to time it may be necessary to review the plan to make sure that nothing has changed and the plan remains valid. Routine lifting operations which are a little more complex may, depending on the circumstances, need to be planned each time the lifting operation is carried out.

The plan for any lifting operation must address the foreseeable risks involved in the work and identify the appropriate resources (including people) necessary for safe completion of the job. Factors to include may be any or all of the following:

  • working under suspended loads
  • visibility
  • attaching / detaching and securing loads
  • environment
  • location
  • overturning
  • proximity hazards
  • derating
  • lifting people
  • overload
  • pre-use checking
  • continuing integrity of the equipment

The plan should set out clearly the actions involved at each step of the operation and identify the responsibilities of those involved. The degree of planning and complexity of the plan will vary and should be proportionate to the foreseeable risks involved in the work.

Strength and stability

Lifting equipment must be of adequate strength for the proposed use. The assessment of this should recognise that there may be a combination of forces to which the lifting equipment, including the accessories, will be subjected. The lifting equipment used should provide an appropriate ‘factor of safety’ against all foreseeable types of failure. Where people are lifted, the factor of safety is often higher. Any lifting equipment selected should not be unduly susceptible to any of the foreseeable failure modes likely to arise in service, for example fracture, wear or fatigue.

Positioning and installation

The position of mobile lifting equipment or the location of fixed installations can have a dramatic effect on the risks involved in a lifting operation. It is vital to take all practical steps to avoid people being struck by loads or the equipment itself during use. The equipment should also be positioned to minimise the need to lift over people. Measures should be taken to reduce the risk of load drift (eg spinning, swinging, etc); and of the load falling freely or being released unintentionally. Many different methods have been developed to prevent falling loads, including the use of multiple ropes or chains, hydraulic check valves and nets for palletised loads.

Measures must be taken to ensure that people cannot fall down a shaft or hoistway. At access points to these areas, effective means to prevent access should be in place, such as gates, barriers or doors. Where access is required to enter the area, when a platform or car is present (eg a lift), the doors or gates should be interlocked to allow the gates to open only when the car is present.

When positioning lifting equipment, care must be exercised to avoid hazards arising from proximity, for example: coming into contact with overhead power lines, buildings or structures; coming too close to trenches, excavations or other operations; and coming into contact with buried underground services, such as drains and sewers.

Working under suspended loads

Where it can be avoided, loads should not be suspended over occupied areas. Where it cannot be avoided, the risks to people must be minimised by safe systems of work and appropriate precautions. Where loads are suspended for significant periods, the area below them should be classed as a danger zone, where access is restricted.

Supervision of lifting operations

Supervision should be proportionate to the risk, taking account of the competencies and experience of those undertaking the lift. Many everyday lifting operations do not require direct supervision (eg experienced fork-lift operators undertaking routine lifts), although there may be circumstances where supervisory assistance may be required to manage risk (eg lifting an unusual load, crossing a public road etc). From time to time, employers may need to monitor the competence of workers undertaking lifting operations to ensure they continue to be carried out safely.

Guidance on planning, organising and undertaking lifting operations

More detailed advice on the planning, organising and undertaking of lifting operations is provided in the LOLER Approved Code of Practice and guidance (http://www.hse.gov.uk/pubns/books/l113.htm). Particular guidance is given on:

  • competence of people planning lifting (regulation 8; ACOP para 210 onwards)
  • suitability, including strength and stability, of lifting equipment (regulation 4; ACOP para 98 onwards)
  • positioning of lifting equipment and visibility (regulation 6; ACOP paras 161 and 237 onwards)
  • working under suspended loads (regulation 8; ACOP para 230 onwards)
  • attaching / detaching and securing loads (regulation 8; ACOP para 244 onwards)
  • location, including access (ACOP paras 256 and 62 onwards)
  • environment of use, including operator protection, the effects of wind and mobility (regulation 8; ACOP paras 83, 253, 89 and 112 onwards)
  • overturning (regulation 8; ACOP para 258 onwards)
  • proximity to other hazards, such as overhead power lines and buried services (regulation 8; ACOP para 265 onwards)
  • derating (regulation 8; ACOP paras 111 and 274 onwards)
  • the lifting of people (regulation 5; ACOP para 127 onwards)
  • preventing overload (regulation 4; ACOP para 122 onwards)
  • pre-use checks (regulation 8; ACOP para 285 onwards)
  • the continued integrity of lifting equipment (regulation 8; ACOP para 289 onwards)

For more information, visit the HSE web page http://www.hse.gov.uk/work-equipment-machinery/planning-organising-lifting-operations.htm (click on the link), or contact us on 07896 016380 or at Fiona@eljay.co.uk, and we’ll be more than happy to help.

 

Employers’ Liability Compulsory Insurance (ELCI)

A Woolwich restaurant owner has recently been fined £1,500 plus £1,779 costs for failing to provide Employers’ Liability Compulsory Insurance (ELCI). Speaking after the hearing at Maidstone Magistrates’ Court, an HSE Inspector said: “Every employer needs to ensure that they have Employers’ Liability Compulsory Insurance in place, where such breaches, as in this case, are identified they will be pursued by the HSE.”

Get insurance for your business

If your business has employees you will probably need employers’ liability insurance.

If an employee is injured or becomes ill as a result of the work they do for you, they can claim compensation from you.

Meeting your health and safety duties is easier than you think. As long as you have taken reasonable steps to prevent accidents or harm to your employees (and the injury or illness was caused after 1 October 2013), you shouldn’t have to pay compensation. However, if a court finds you are liable, employers’ liability insurance will help you to pay any compensation for your employees’ injuries or illness.

Only a few businesses are not required to have employers’ liability insurance. If you have no employees, or are a family business and all employees are closely related to you, you may not need it. For further details see HSE leaflet Employers’ Liability (Compulsory Insurance) Act 1969: A brief guide for employers (free to download by clicking on the link: http://www.hse.gov.uk/pubns/hse40.htm).

How do you get employers’ liability insurance?

You can buy employers’ liability insurance through insurers or intermediaries like brokers or trade associations. You may find that it often comes as part of an insurance package designed to cover a range of business needs.

Your policy must be with an authorised insurer and the Financial Conduct Authority (FCA) has a list of these. You can check their register on the FCA website (http://www.fca.org.uk/).

If you require any clarification at all, or further information, please don’t hesitate to contact us on 07896 016380 or at Fiona@eljay.co.uk, and we’ll be more than happy to help.

 

Health and safety implications of pervasive computing (RFID)

This describes the concept of embedding or integrating computers into the environment with a view to enabling people to interact with them in a more “natural” way. Also referred to amongst other descriptions as “ubiquitous computing” or “ambient intelligence”, current examples include the use of Radio Frequency Identification (RFID) tags and GPS systems in vehicles. Wireless networking technology (WiFi) is a key enabler for many of the applications and there is a growing trend towards greater connectivity through the use of broadband. For example in Philadelphia, “officials view broadband as an essential social service” and plan to introduce web access for all their citizens via a city-wide wireless network by the end of 2006.

Extensions of pervasive computing, which are being investigated actively at the moment include devices which sense changes in their environment and adapt and act on these changes, through to work on human-computer interactions and artificial intelligence.

In the short term, rapid expansion is expected in the use of RFID technology, where a vast range of applications are envisaged, offering benefits such as increased productivity and improved resource utilisation, together with reduced cycle times and re-work. All elements of the supply chain from raw material input through to delivery of product to the customer are potentially amenable to some form of RFID control and monitoring. In addition to logistics and product tracking applications, examples of the implementation of RFID technologies are foreseen in areas as diverse as personal identification, anti-counterfeiting, payment systems, maintenance management and healthcare.

Implications:

  • Increased exposure of the workforce (and customers in retail environments) to RF radiation is likely to result from the extended use of WiFi and the more powerful/ longer range WiMax technologies. While, as in the development of mobile telecommunications, no threat to human health has yet been proven from such exposure, there is public concern about the nature and effects of signals from such technologies (NRPB – Mobile Phones and Health 2004).
  • As with other computer-based systems, there is the potential for malicious or accidental corruption of the data stored on RFID tags, which could pose a threat, particularly where safety-critical applications such as e.g. maintenance monitoring are involved.
  • It is possible that intensive tracking of personnel activity in the workplace may result in stressors that may in turn contribute to increased incidences of stress.

Click on the link to read the RFID Technology short form report: http://www.hse.gov.uk/horizons/assets/documents/rfidsfreport.pdf

Our comment

There are positive implications too, in the form of “wearable technology” which is being successfully integrated into site safety procedures by warning pedestrians and machinery drivers of each others’ presence. A small RFID transponder is worn on pedestrians’ hard hats or sleeves, and a small unit fitted to vehicles. Both pedestrian and driver receive a warning if they become close enough to each other to be at risk of accidental collision. Warnings are automatically logged as incidents and the information is used by managers to monitor safety training requirements.

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

 

 

HEALTH & SAFETY NEWS UPDATE – 1ST OCTOBER 2015

REGISTER BELOW-LEFT TO RECEIVE OUR UPDATES BY EMAIL

IN THIS UPDATE

Introduction

Landlords required by law to install working smoke and carbon monoxide alarms from 1st October

Selecting a first-aid training provider

Freight container safety – transport company fined after crate falls on worker

Working at height – engineering company fined for safety breaches

Introduction

Two important changes to health and safety legislation/regulations come into force today, one of which is the requirement for landlords to ensure that they have working smoke and carbon monoxide alarms installed in their properties. The measures were announced in March of this year by Housing Minister Brandon Lewis, and have since received Parliamentary approval.

Another change which has come into force today is the requirement by the HSE for individuals delivering first aid training to hold recognised teaching and assessing qualifications, details of which are provided below, along with guidance on establishing whether or not first aid training is required.

In response to the fining last month of a transport company after a crate fell on a worker, we also highlight the importance of identifying relevant risks before any work tasks are carried out, and putting in place appropriate control measures to protect against them, particularly those involved in work with containers.

Finally, it’s no wonder that falls from height remain one of the biggest causes of deaths at work in the UK, after a member of the public witnessed workers on a fragile roof without any preventative measures to avoid risk of falling – either off the edge or through it. The incident was reported to the HSE and the engineering company employing the workers was fined last month £10,000 plus £4,782 costs, despite no injury occurring. We look at the hierarchy of controls that managing work at height should follow.

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

Landlords required by law to install working smoke and carbon monoxide alarms from 1st October

From 1st October, landlords will be required by law to install working smoke and carbon monoxide alarms in their properties, under measures announced by Housing Minister Brandon Lewis in March of this year.

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

The measure comes with strong support after a consultation on property condition in the private rented sector.

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

This is part of wider government moves to ensure there are sufficient measures in place to protect public safety, while at the same time avoiding regulation which would push up rents and restrict the supply of homes, limiting choice for tenants.

Housing Minister Brandon Lewis said:

In 1988 just 8% of homes had a smoke alarm installed – now it’s over 90%.

The vast majority of landlords offer a good service and have installed smoke alarms in their homes, but I’m changing the law to ensure every tenant can be given this important protection.

But with working smoke alarms providing the vital seconds needed to escape a fire, I urge all tenants to make sure they regularly test their alarms to ensure they work when it counts. Testing regularly remains the tenant’s responsibility.

Communities Minister Stephen Williams said:

We’re determined to create a bigger, better and safer private rented sector – a key part of that is to ensure the safety of tenants with fire prevention and carbon monoxide warning.

People are at least 4 times more likely to die in a fire in the home if there’s no working smoke alarm.

That’s why we are proposing changes to the law that would require landlords to install working smoke alarms in their properties so tenants can give their families and those they care about a better chance of escaping a fire.

Ensuring the safety of tenants

Other measures to support the private rented sector include investing £1 billion in building newly-built homes specifically for private rent, giving tenants support against rogue landlords and publishing a How to rent guide so tenants and landlords alike are aware of their rights and responsibilities.

The changes to the law will require landlords to install smoke alarms on every floor of their property, and test them at the start of every tenancy.

Landlords will also need to install carbon monoxide alarms in high risk rooms – such as those where a solid fuel heating system is installed.

Those who fail to install smoke and carbon monoxide alarms will face sanctions and could face up to a £5,000 civil penalty.

This will bring private rented properties into line with existing building regulations that already require newly-built homes to have hard-wired smoke alarms installed.

And it’s in line with other measures the government has taken to improve standards in the private rented sector, without wrapping the industry up in red tape.

Free to download from https://www.gov.uk/government/publications/smoke-and-carbon-monoxide-alarms-explanatory-booklet-for-landlords, an explanatory booklet has been published, designed to help landlords further understand and comply with the Smoke and Carbon Monoxide Alarm (England) Regulations 2015.

If you need clarification or further information about any aspect of property health and safety or fire safety, we undertake health & safety/fire risk assessments of commercial and residential properties and will be happy to advise accordingly. We can also provide a no-obligation quotation for the above upon request. Contact us on 07896 016380 or at Fiona@eljay.co.uk.

Selecting a first-aid training provider

From 1st October 2015, HSE guidance to employers requires individuals delivering first aid training to hold recognised teaching and assessing qualifications. For more information about what to check when selecting a training provider, the HSE’s information sheet provides guidance for employers and is free to download by clicking on the link: http://www.hse.gov.uk/pubns/geis3.pdf

Do I need first-aid training?

HSE cannot tell you what provision you should make for first aid. You, as an employer, are best placed to understand the exact nature of your workplace and decide what you need to provide.

First aid provision must be ‘adequate and appropriate in the circumstances’. This means that you must provide sufficient first aid equipment (first aid kit), facilities and personnel at all times.

In order to decide what provision you need to make you should undertake a first-aid needs assessment. This assessment should consider the circumstances of your workplace, workforce and the hazards and risks that may be present. The findings will help you decide what first-aid arrangements you need to put in place.

In assessing your first-aid needs, you should consider:

  • the nature of the work you do
  • workplace hazards and risks (including specific hazards requiring special arrangements)
  • the nature and size of your workforce
  • the work patterns of your staff
  • holiday and other absences of those who will be first-aiders and appointed persons
  • your organisation’s history of accidents

You may also need to consider:

  • the needs of travelling, remote and lone workers
  • the distribution of your workforce
  • the remoteness of any of your sites from emergency medical services
  • whether your employees work on shared or multi-occupancy sites
  • first-aid provision for non-employees (eg members of the public).

HSE has published further guidance on all the factors above that will help you carry out your first-aid needs assessment. Click on the link: http://www.hse.gov.uk/pubns/priced/l74.pdf#page=9

You may also wish to consider their suite of case studies, containing scenario-based examples of first-aid needs assessments for a variety of workplaces. They demonstrate the general principles involved in deciding on the provision you should make for first aid, but you should not assume the outcomes shown are directly transferable to your workplace. Click on the link: http://www.hse.gov.uk/pubns/casestudy9.pdf

You do not need to record the findings of your needs assessment, but you may find it useful to do so, as it will demonstrate how you have decided on the first-aid provision that you make.

The minimum requirement in terms of personnel is to appoint a person to take charge of first-aid arrangements. The roles of this appointed person include looking after the first-aid equipment and facilities and calling the emergency services when required. The appointed person can also provide emergency cover, within their role and competence, where a first-aider is absent due to unforeseen circumstances. An appointed person is not required to have any formal training.

If your workplace has more significant health and safety risks, for example you use machinery or hazardous materials then you are more likely to need a trained first-aider.

There are no hard and fast rules on exact numbers, and you will need to take into account all the relevant circumstances of your particular workplace.

If you need clarification or further information, please don’t hesitate to contact us on 07896 016380 or at Fiona@eljay.co.uk, and we’ll be happy to help. We also provide first-aid training and can provide a no-obligation quotation upon request.

Freight container safety – transport company fined after crate falls on worker

Last month, a transport company firm was fined £9,000 plus £917 costs for safety failings after a worker suffered serious injuries when a crate fell on him whilst he was unloading crates from a container.

Ipswich Magistrates’ Court heard how on April 2013 the transport company employee was assisting to unload two containers which contained two tonne crates of glass mirrors. The second container had no fork pockets or lighting, so the worker had to closely guide the fork lift truck operator to ensure the forks were in position.

Some of the crates were jammed in place and as the fork lift truck operator attempted to dislodge them, one of the crates toppled onto the worker, pinning him to the side of the container. The incident has left him with life changing injuries and he will be unable to work for at least three years.

Speaking after the hearing HSE Inspector Corinne Godfrey said:

“This worker was employed by the company for less than three weeks as a Warehouse Foreman, and although he had previous job experience which involved the maintenance and repair of containers, he had never been involved with this type of unloading work known as ‘devanning’.

This incident was inevitable, neither worker had seen the procedures manual or any risk assessments/method statements relating to the unloading of containers.

The company failed to plan what should happen when it was identified that loads were not able to be readily offloaded by forklift truck.

It’s essential that before any work tasks are carried out, the relevant risks should be identified and appropriate control measures put in place to protect against them.

All participants in the logistics chain – from owner drivers with one vehicle to large fleet operators, to shippers and warehouse operators – are likely to work with containers on a daily basis as drivers, loaders or handlers.

Accidents may happen at any stage of a container’s journey; many of these will be serious or fatal, including crushing and falls from height. These accidents may be caused by human error or failure of technical items.

Typical hazards regarding freight containers in ports:

  • Structural failure due to lack of maintenance and wear and tear
  • Structural failure due to overloading, misdeclared weight, uneven or shifted loads
  • Falls from height while working with containers
  • Crush injuries during container manoeuvring and movements
  • Exposure to fumigants used during transit or chemicals given off by cargo that may build up during transit

How the risks can be reduced

All of these can be reduced by proper planning of work and training of workers. Before any work tasks are carried out, the relevant risks should be identified through risk assessment and appropriate control measures put in place to protect against them.

Port Skills and Safety (PSS) have produced a comprehensive ‘Health & Safety in Ports’ guidance document entitled SIP003 – Guidance on Container Handling that covers these issues in more detail. Click on the link: http://www.portskillsandsafety.co.uk/publications/safety_in_ports_guidance

This document has been produced by the ports industry, with assistance from HSE, to help dutyholders understand their duties under health and safety legislation and to identify key risks. This guidance also gives examples which dutyholders can use to inform their risk assessments and procedures.

Which laws apply? (click on the links for more information)

For clarification or further information, please don’t hesitate to contact us on 07896 016380 or at Fiona@eljay.co.uk, and we’ll be happy to help.

Working at height – engineering company fined for safety breaches

Also last month, an engineering company firm was fined £10,000 plus £4,782 costs for safety failings after a member of the public witnessed workers on a fragile roof without any preventative measures to avoid risk of falling.

Redhill Magistrates’ Court heard how in September 2014, the engineering company employees were working on a fragile roof installing ventilation ducting. The risks were obvious, but nothing was in place to prevent either falling off the edge of the roof or through the roof.

Falls from height remain one of the biggest causes of deaths at work in the UK. Fortunately, no-one was injured in this incident.

Speaking after the hearing, HSE Inspector Denis Bodger said: “It is essential that all roof work is properly planned by a competent person and competent workers are clearly instructed on how to carry out the work safely. It is not acceptable to simply rely on sending the workers to site and expecting that they will carry out the work safely, as was the case here.”

Managing work at height follows a hierarchy of controls – avoid, prevent, arrest – which begins with the question – can the work be done safely from the ground? Fall restraints and safety netting should only be considered as a last resort if other safety equipment cannot be used.

For clarification or further information 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 published by GOV.UK and the Health and Safety Executive and licensed under the Open Government Licence

 

 

HEALTH & SAFETY NEWS UPDATE – 10TH SEPTEMBER 2015

IN THIS UPDATE

Introduction

Turn around when possible: one in seven risking lives to correct sat-nav mistakes

Landlord prosecuted over carbon monoxide risk

Awareness training in automated external defibrillators

Safe & Sound at Work – do your bit

Introduction

A survey by road safety charity Brake and Direct Line has found that more than one in seven (15%) drivers who use a sat-nav admit making illegal or risky manoeuvres to correct mistakes when following sat-nav instructions, putting themselves and other road users at risk of a devastating crash. This week’s opening topic provides guidance on how to use sat-nav systems safely.

Also, further to the news last week of a landlord being prosecuted over carbon monoxide risk, we’re highlighting what landlords must do to fulfil their legal responsibility for the safety of their tenants in relation to gas safety.

With AEDs (automated external defibrillators) becoming more prevalent in the wider community, if you’re wondering whether you have a legal obligation to provide one in your workplace, read on for guidance from the HSE.

Tell employees about health and safety and they’ll know about it. Involve them and they’ll understand.” This is the message delivered by the HSE’s ‘Safe & Sound at Work’ campaign, and this week’s closing topic, which is aimed at helping small to medium sized enterprises benefit from improved consultation.

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

Turn around when possible: one in seven risking lives to correct sat-nav mistakes

‘Turn around when possible.’ It’s a phrase that anyone who drives with the aid of a sat-nav knows well.

But it could mean more than just a navigational nightmare. A survey by road safety charity Brake and Direct Line has found that more than one in seven (15%) drivers who use a sat-nav admit making illegal or risky manoeuvres to correct mistakes when following sat-nav instructions, putting themselves and other road users at risk of a devastating crash.

Dodgy u-turns aren’t the only danger. Brake and Direct Line’s survey also found that:

  • one in 14 (7%) drivers have had a near miss, having to swerve or brake suddenly to avoid a hazard, because they were distracted by a sat-nav (rising to one in 10 (11%) among young drivers (17-24);
  • one in 14 (7%) drivers also admit to having a similar near miss because they were fiddling with their stereo (rising to one in 10 (11%) among young drivers (17-24))
  • When used responsibly, using a voice-based sat-nav can make you a safer than using a visual display or paper map, as you can navigate without looking away from the road. However, there is some evidence that relying on a sat-nav can make you drive faster and make you less observant. Fiddling with a stereo can also make you react slower and make more errors.

Through its drive smart campaign, Brake is calling on all drivers to stay alert and keep their mind and eyes on the road. That means programming your sat-nav before you set off, and not attempting to re-programme it, fiddle with your stereo, use a mobile, or do anything else while driving. Research shows almost everyone is unable to multi-task at the wheel without driving performance being badly affected. Carry out a secondary activity and you’re two to three times more likely to crash: more for complex activities like talking on a phone or texting.

Brake is also calling on drivers not to be distracted by the range of technologies being installed in many new cars that have nothing to do with driving, such as access to social media. Brake is also appealing to the government to regulate the use of features that can pose a dangerous distraction to drivers.

Julie Townsend, deputy chief executive, Brake, said: “Sat-navs have revolutionised the way many of us drive, helping us get from A to B without worrying about navigation, and there are indications they can make you safer. However, there are potential pitfalls to be wary of that can pose a real danger to yourself and other road users. Remember, the sat-nav is there to help you keep focused on driving rather than worry about directions, but it’s not there to make all the decisions for you. Driving is an unpredictable activity, so you still need to look at signs, particularly those warning of hazards or speed limits, and watch for people and unexpected problems.

“For many drivers there is an increasing array of technological temptations that can pose a deadly distraction; it’s essential to resist to ensure you and others arrive safely. Brake’s advice is: set your sat-nav and radio before you set off, put your phone in the boot and ensure you’re not tempted to do anything that will take your mind or eyes off the road while driving.”

Rob Miles, director of motor at Direct Line,commented: “Looking at the sat-nav while your eyes are meant to be on the road is no different from trying to drive with a map in front of you. It’s dangerous, and you shouldn’t do it. If you’re going to use sat-nav to guide you through a journey, better to use a voice-based version so you can keep your eyes on the road. If you need to change direction or turn around, do it safely, even if it takes a bit of time to get to the next roundabout rather than doing a U-turn. And if you want to look at the sat-nav, do what you’d do with a map: find somewhere safe to pull over before having a look.”

Article reproduced courtesy of Brake – the road safety charity.

Read the full article: http://www.brake.org.uk/news/1329-incartech-jan15.

Read about Brake’s drive smart campaign: http://www.brake.org.uk/drivesmart.

Tweet Brake: @Brakecharity, hashtag #DriveSmart.

Read the survey report: http://www.brake.org.uk/assets/docs/dl_reports/DLreport-DrivenToDistraction-sec3-incartech-2015.pdf.

More information about the safe use of sat-nav systems can be found on the RoSPA website: http://www.rospa.com/road-safety/advice/vehicles/satellite-navigation-devices/

For more information about work related road safety, visit the HSE website: http://www.hse.gov.uk/roadsafety/ or contact us on 07896 016380 or at Fiona@eljay.co.uk and we’ll be more than happy to help.

Landlord prosecuted over carbon monoxide risk

HSE press release – 3 September 2015

A mother and her young son were put at risk of suffering carbon monoxide poisoning for seven years at their home in Ashton-under-Lyne, a court has heard.

The woman’s landlord, Rent4U Ltd, of Manchester, was prosecuted by the Health and Safety Executive (HSE) after an inspection of the gas boiler at her home found it was in a condition classified as ‘immediately dangerous’.

Trafford Magistrates’ Court heard that the firm failed to arrange an annual gas safety check at the terraced house on Marlborough Street between 2007 and 2014.

The court was told that Rent4U had previously been served with two Improvement Notices by HSE in 2013 after failing to arrange annual gas safety checks at two other properties.

Rent4U Ltd, of Christie Way, Christie Fields, Manchester, was fined £4,000 and ordered to pay £7,000 in prosecution costs after pleading guilty to two breaches of the Gas Safety (Installation and Use) Regulations 1998.

Landlords’ responsibility for gas safety

As a landlord, you are legally responsible for the safety of your tenants in relation to gas safety. By law you must:

  • Repair and maintain gas pipework, flues and appliances in safe condition
  • Ensure an annual gas safety check on each appliance and flue
  • Keep a record of each safety check

You should also keep your tenants informed about their responsibilities while they are staying in your property.

Gas checks (click on the links for more information)

Maintenance

Record keeping

Tenants

For more information, visit the HSE website: http://www.hse.gov.uk/gas/landlords/ or contact us on 07896 016380 or at Fiona@eljay.co.uk and we’ll be more than happy to help.

Awareness training in automated external defibrillators

In-depth training in the use of automated external defibrillators (AEDs) is not currently part of either the Emergency First Aid at Work and First Aid at Work courses.  However, HSE welcomes the presence of awareness training in these courses as it instils greater confidence in the use of AEDs.

It is not compulsory for employers to purchase AEDs to comply with the Health and Safety (First-Aid) regulations 1981.  However, if your needs assessment identifies an AED need then we recommend your staff should be fully trained in its use.

The Resuscitation Council UK (www.resus.org.uk) guidance on AEDs is that this equipment is safe to use and can be readily used by untrained bystanders. (The 2015 guidelines will be published on 15th October 2015.)

AEDs are becoming more prevalent within the wider community.  For example there are national strategies in place actively promoting their placement in schools; public places such as stations.  Many workplaces have voluntarily invested in this equipment.

Evidence suggests that where AEDs have been used the outcomes are far more favourable for an individual who suffers from a heart attack than if it is delayed until the arrival of the emergency services.

For more information on first aid at work, visit the HSE website: http://www.hse.gov.uk/firstaid/ or contact us on 07896 016380 or at Fiona@eljay.co.uk, and we’ll be more than happy to help.

Safe & Sound at Work – do your bit

Tell employees about health and safety and they’ll know about it

Involve them and they’ll understand.

Step-by-step guidance to help your business benefit from improved consultation

This is a step-by-step guide primarily aimed at small to medium sized enterprises, offering practical hints and tips for workplaces on how to improve on their existing consultation and worker involvement arrangements.

First choose from either stable or dynamic below, depending on what best describes your own workplace (click on the links):

Step-by-step guide for ‘Stable’ small to medium sized workplaces where the conditions don’t change on a regular basis (e.g. a factory or workshop): http://www.hse.gov.uk/involvement/doyourbit/stable/index.htm

Step-by-step guide for ‘Dynamic’ small to medium sized workplaces where the conditions change on a regular basis (e.g. a construction site or delivering goods to different addresses): http://www.hse.gov.uk/involvement/doyourbit/dynamic/index.htm

If you are a large organisation, you may wish to access the HSE worker involvement website (http://www.hse.gov.uk/involvement/index.htm) to view guidance, advice and case studies that may be of more relevance.

Shared experiences

Discover how organisations can successfully involve their workforce in managing health and safety.

Watch real video footage and read about health and safety stories, from the employers, employees and representatives involved.

Learn how Murraywood reduced their insurance premiums by 50% (click on the link): http://www.hse.gov.uk/involvement/doyourbit/case-study-murraywood.htm

What should I be doing?

We know from experience that workplaces where employees play an active part in health and safety often have lower accident rates.

Talking, listening and co-operating helps to get the best from your workforce, encouraging closer working relationships, as well as a safer workplace.

Find out more: http://www.hse.gov.uk/involvement/doyourbit/what-should-i-be-doing.htm

Representatives

By representing your colleagues you can help to make workplaces both healthier and safer. Being a rep can also help you increase your skills and value in the workplace.

Find out more: http://www.hse.gov.uk/involvement/doyourbit/representatives.htm

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

 

 

HEALTH & SAFETY NEWS UPDATE – 23RD JULY 2015

IN THIS UPDATE:

Introduction

New & Changed Legislation & Regulations

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

New & Revised Guidance

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

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

Introduction

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

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

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

New & Changed Legislation & Regulations

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Drugs and driving: the law

It’s illegal to drive if either:

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

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

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

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

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

Prescription medicines

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

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

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

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

You can drive after taking these drugs if:

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

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

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

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

Simpler explosives and acetylene regulations

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

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

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

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

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

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

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

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

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

Storing petrol safely

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

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

What is the law on storing petrol safely?

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

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

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

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

Who does this apply to?

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

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

What does this legislation replace?

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

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

New & Revised Guidance

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

Guidance Documents

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

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

Web Pages

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

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

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

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

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

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

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

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