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 – 3RD DECEMBER 2015

REGISTER BELOW-LEFT TO RECEIVE OUR UPDATES BY EMAIL

IN THIS UPDATE

Introduction

Legionella and Legionnaires’ disease – coatings firm in court for legionella failings

Solder fume and you – an employee’s guide

3M SafeTea Break 2015 Campaign

Introduction

Legionnaires’ disease is, unfortunately, in the news regularly. Only last month a driving test centre in Kent had to be shut down after the bacteria – which can cause the potentially fatal lung infection – was found during a routine water test. One of the worst outbreaks in UK history was in 2002 in Barrow-in-Furness, the source of which was an arts centre air conditioning unit. 172 cases of the disease were reported, resulting in seven deaths. If you are an employer, or someone in control of premises, including landlords, you must understand the health risks associated with legionella, and take the right precautions to reduce the risks of exposure to the bacteria, guidance on which we share below. Failure to do so recently resulted in an international engineering firm being fined at total of £110,000 plus £77,252 costs.

If you work in an electronics, metalwork or plumbing related industry, you’re probably familiar with soldering processes, and the fact that serious health problems can arise from rosin, which is contained in solder fluxes. This week we share the HSE’s recently revised guidance document ‘Solder fume and you’ (INDG248) which gives advice to employees on safe working whilst soldering with rosin (colophony) based solder fluxes.

And finally, we share details of 3M’s SafeTea Break 2015 campaign which encourages employers to deliver bite-size ‘tea break’ talks to engage their workforces in discussions about health and long latency occupational diseases.

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 – coatings firm in court for legionella failings

An international engineering firm, which refurbishes turbine blades, was recently fined a total of £110,000 plus £77,252 costs for failing to manage the risk to public and employees to potentially fatal legionella bacteria.

The company, which has sites in Nottinghamshire and Derbyshire, failed to properly manage the risk of bacteria growing in their cooling towers for over a year, from May 2011.

Derby Crown Court heard that during a visit to one of the sites in May 2012, a Health and Safety Executive (HSE) inspector felt spray on his face, saw the yard’s surface was wet and that nearby cooling towers were corroded.

Corrosion can encourage the growth of legionella bacteria which is carried in water droplets. If water is inhaled which contains the bacteria, it can lead to a number of diseases, but most commonly legionnaire’s disease, a potentially fatal form of pneumonia.

The inspector extended his visit to the rest of the factory plus the company’s other site, and found significant failings in the company’s control, recording and management of legionella risks.

HSE issued four improvement notices in June 2012 requiring inlet screens to be placed on the cooling towers to stop debris falling in them which could encourage legionella growth, and for corroded items of plant to be replaced.

Two similar notices were served on the company in 2008 seeking improvements on rusting towers and a number of management failures. All the notices had been complied with.

The court was told a laboratory analysis of a water sample taken from one of the sites before the HSE investigation had found legionella bacteria levels to be so high that immediate action was required to clean the system.

As well as failing to maintain its infrastructure, the company did not keep biocides (chemicals which kill bacteria) at effective levels.

What is Legionnaires’ disease?

Legionellosis is a collective term for diseases caused by legionella bacteria including the most serious Legionnaires’ disease, as well as the similar but less serious conditions of Pontiac fever and Lochgoilhead fever. Legionnaires’ disease is a potentially fatal form of pneumonia and everyone is susceptible to infection. The risk increases with age but some people are at higher risk including:

  • people over 45 years of age
  • smokers and heavy drinkers
  • people suffering from chronic respiratory or kidney disease
  • diabetes, lung and heart disease
  • anyone with an impaired immune system

The bacterium Legionella pneumophila and related bacteria are common in natural water sources such as rivers, lakes and reservoirs, but usually in low numbers. They may also be found in purpose-built water systems such as cooling towers, evaporative condensers, hot and cold water systems and spa pools.

If conditions are favourable, the bacteria may grow increasing the risks of Legionnaires’ disease and it is therefore important to control the risks by introducing appropriate measures outlined in Legionnaires’ disease – The Control of Legionella bacteria in water systems (L8) (http://www.hse.gov.uk/pubns/books/l8.htm).

What you must do

If you are an employer, or someone in control of premises, including landlords, you must understand the health risks associated with legionella. This section can help you to control any risks.

Duties under the Health and Safety at Work etc Act 1974 (HSWA) extend to risks from legionella bacteria, which may arise from work activities. The Management of Health and Safety at Work Regulations (MHSWR) provide a broad framework for controlling health and safety at work.  More specifically, the Control of Substances Hazardous to Health Regulations 2002 (COSHH) provide a framework of actions designed to assess, prevent or control the risk from bacteria like Legionella and take suitable precautions.  The Approved Code of Practice: Legionnaires’ disease: The control of Legionella bacteria in water systems (L8) contains practical guidance on how to manage and control the risks in your system.

As an employer, or a person in control of the premises, you are responsible for health and safety and need to take the right precautions to reduce the risks of exposure to legionella. You must understand how to:

  • identify and assess sources of risk
  • manage any risks
  • prevent or control any risks
  • keep and maintain the correct records
  • carry out any other duties you may have

Identify and assess sources of risk

Carrying out a risk assessment is your responsibility. You may be competent to carry out the assessment yourself but, if not, you should call on help and advice from either within your own organisation or from outside sources, e.g. consultancies.

You or the person responsible for managing risks, need to understand your water systems, the equipment associated with the system such as pumps, heat exchangers, showers etc, and its constituent parts. Identify whether they are likely to create a risk from exposure to legionella, and whether:

  • the water temperature in all or some parts of the system is between 20–45 °C
  • water is stored or re-circulated as part of your system
  • there are sources of nutrients such as rust, sludge, scale, organic matter and biofilms
  • the conditions are likely to encourage bacteria to multiply
  • it is possible for water droplets to be produced and, if so, whether they can be dispersed over a wide area, e.g. showers and aerosols from cooling towers
  • it is likely that any of your employees, residents, visitors etc are more susceptible to infection due to age, illness, a weakened immune system etc and whether they could be exposed to any contaminated water droplets

Your risk assessment should include:

  • management responsibilities, including the name of the competent person and a description of your system
  • competence and training of key personnel
  • any identified potential risk sources
  • any means of preventing the risk or controls in place to control risks
  • monitoring, inspection and maintenance procedures
  • records of the monitoring results and inspection and checks carried out
  • arrangements to review the risk assessment regularly, particularly when there is reason to suspect it is no longer valid

If you conclude that there is no reasonably foreseeable risk or the risks are low and are being properly managed to comply with the law, your assessment is complete. You may not need to take any further action at this stage, but any existing controls must be maintained and the assessment reviewed regularly in case anything changes in your system.

Managing the risk

As an employer, or person in control of premises, you must appoint someone competent to help you meet your health and safety duties and to take responsibility for controlling any identified risk from exposure to legionella bacteria. A competent person, often known as the responsible person, is someone with sufficient authority, competence, necessary skills, knowledge of the system, and experience. The appointed responsible person could be one, or a combination of:

  • yourself
  • one or more workers
  • someone from outside your business

If there are several people responsible for managing risks, e.g. because of shift-work patterns, you must make sure that everyone knows what they are responsible for and how they fit into the overall risk management of the system.

If you decide to employ contractors to carry out water treatment or other work, it is still the responsibility of the competent person to ensure that the treatment is carried out to the required standards. Remember, before you employ a contractor, you should be satisfied that they can do the work you want to the standard that you require. There are a number of external schemes to help you with this, for example, A Code of Conduct for service providers (http://www.legionellacontrol.org.uk/). The British Standards Institute have published a standard for legionella risk assessment (http://shop.bsigroup.com/ProductDetail/?pid=000000000030200235)

Preventing or controlling the risk

You should first consider whether you can prevent the risk of legionella by looking at the type of water system you need, e.g. identify whether it is possible to replace a wet cooling tower with a dry air-cooled system. The key point is to design, maintain and operate your water services under conditions that prevent or adequately control the growth and multiplication of legionella.

If you identify a risk that you are unable to prevent, you must introduce a course of action ie a written control scheme, that will help you to manage the risk from legionella by implementing effective control measures, by describing:

  • your system, e.g. develop a schematic diagram
  • who is responsible for carrying out the assessment and managing its implementation
  • the safe and correct operation of your system
  • what control methods and other precautions you will be using
  • what checks will be carried out, and how often will they be carried out, to ensure the controls remain effective

You should:

  • ensure that the release of water spray is properly controlled
  • avoid water temperatures and conditions that favour the growth of legionella and other micro-organisms
  • ensure water cannot stagnate anywhere in the system by keeping pipe lengths as short as possible or removing redundant pipework
  • avoid materials that encourage the growth of legionella (The Water Fittings & Materials Directory (http://www.materialstesting.co.uk/materials_directory.htm) references fittings, materials, and appliances approved for use on the UK Water Supply System by the Water Regulations Advisory Scheme)
  • keep the system and the water in it clean
  • treat water to either control the growth of legionella (and other microorganisms) or limit their ability to grow
  • monitor any control measures applied
  • keep records of these and other actions taken, such as maintenance or repair work

Keeping records

If you have five or more employees you have to record any significant findings, including those  identified as being particularly at risk and the steps taken to prevent or control risks.  If you have less than five employees, you do not need to write anything down, although it is useful to keep a written record of what you have done.

Records should include details of the:

  • person or persons responsible for conducting the risk assessment, managing, and implementing the written scheme
  • significant findings of the risk assessment
  • written control scheme and details of its implementation
  • details of the state of operation of the system, i.e. in use/not in use
  • results of any monitoring inspection, test or check carried out, and the dates

These records should be retained throughout the period for which they remain current and for at least two years after that period. Records kept in accordance with (e) should be retained for at least five years.

Other duties

Under the Notification of Cooling Towers and Evaporative Condensers Regulations 1992, you must notify your local authority in writing, if you have a cooling tower or evaporative condenser on site, and include details about where it is located. You must also tell them if/when such devices are no longer in use. Notification forms are available from your local authority/environmental health department.

Although less common, other systems that do not rely solely on the principle of evaporation, are dry/wet coolers or condensers. Owing to their different principles of operation, these systems may not require notification under the Notification of Cooling Towers and Evaporative Condensers Regulations 1992 (NCTEC) but it is important to assess the system against the notification requirements defined in NCTEC, eg where such systems spray water directly onto the surface of the heat exchanger.

In addition, under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR), you must report any cases of legionellosis in an employee who has worked on cooling towers or hot and cold water systems that are likely to be contaminated with legionella.

Specific risk systems

You will also need to consider technical and further information on the following risk systems (click on the links):

For more information visit the HSE web page http://www.hse.gov.uk/legionnaires/index.htm?ebul=gd-welding&cr=12/Dec15 or contact us on 07896 016380 or at Fiona@eljay.co.uk and we’ll be happy to help. We carry out Legionnella Risk Assessments of hot and cold water systems in commercial and residential property and can provide further information on request.

Solder fume and you – an employee’s guide

This guidance is aimed at people who solder using rosin, specifically colophony-based solder flux, which can cause asthma and dermatitis.

Be aware:

  • Working with rosin-based solder fluxes requires you to take action. You should take appropriate steps to prevent, control or reduce exposure to fumes, as they can cause serious health problems.
  • There are different types of solder flux. Find out from your manager what type of solder fume you are using.

Remember:

  • Serious health problems can occur when soldering.
  • Report symptoms of ill health to your manager. These can include: coughing; wheezing; runny eyes or nose; tight chest. These can all be symptoms of occupational asthma or serious illness.
  • If solder flux fume makes you ill, the effects will become worse if you carry on breathing in the fume.
  • Where it is necessary to have a health surveillance process in place to help protect the health of employees, your employer will ask you to co-operate.

To protect your health:

  • Keep your face out of the solder fume.
  • Use the correct control measure(s), such as: local exhaust ventilation (LEV); solder fume extraction; on-tip extraction; down-draught benches; enclosing hoods; moveable capturing hoods. Look at Controlling health risks from rosin (colophony)-based solder fluxes (see Further reading) for further information on which method you should use.
  • Use fume extraction when you are either: – soldering using rosin-based fluxes; or – using alternative fluxes for more than a few minutes a day.
  • You should check that the system works properly every time you use or move it.
  • Check for yourself to see how effective the LEV is where you work.

Further reading (click on the links)

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

3M SafeTea Break 2015 Campaign

3M in conjunction with Safety Groups UK have launched SafeTea Break 2015 Campaign. The campaign has an accompanying toolkit for bite-size ‘tea break’ talks to engage your workforce in discussions about health and long latency occupational diseases.

The kit provides open questions to present to the workforce in a breakout session that will generate debate across health topics, ultimately driving a useful action plan, and a better understanding of the health risks and consequences of non-compliance for the workforce.

Visit the website at http://safetynetwork.3m.com/blog/safetea/?WT.mc_id=www.3m.co.uk/SafeTea?ebul=gd-welding&cr=11/Dec15 where you can download the SafeTea Break pack for free.

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

 

 

HEALTH & SAFETY NEWS UPDATE – 30TH JULY 2015

IN THIS UPDATE

Introduction

HSE Safety Alert

Poor design of scaffold loading bay gate, providing inadequate edge protection to prevent falls from height

HSE Myth Busters Challenge Panel

Case 363 – Unable to open office windows

Case 357 – Consultants and Letting Agents misinterpreting the risks of exposure to legionella of their tenants

Case 355 – All tools on building sites need to be a maximum of 110V

Case 345 – Council erecting a barrier on sloping grass bank to prevent workers and the public falling onto concrete path below

News & Research

1.3 million tradespeople at risk from dangers of asbestos

HSE Research Report 1052 – The effect of wearer stubble on the protection given by Filtering Facepieces Class 3 (FFP3) and Half Masks

Face Fit testing of RPE (Respiratory Protective Equipment)

Introduction

Welcome to this week’s Health & Safety news update – our second since the launch of our new website. We’re settling into it quite nicely, and hope you are too. Don’t forget that comments and/or feedback are always welcome!

We experienced a few teething problems last week with subscription registrations, and apologise if you were affected by these. Fingers crossed they’ve now been solved, so if you want to receive email notifications of our updates, just click on “Register” (bottom-left), and you’ll be directed to a page where you can enter a user name of your choice, and your email address. You can unsubscribe at any time and each email will contain an unsubscription link for this purpose. If you experience any difficulties at all, please email us at Fiona@eljay.co.uk, or via the “Contact us” page on our website (http://www.eljay.co.uk/contact-eljay-risk-management.php)

This week, after bring your attention to this week’s HSE Safety Alert, we’re quashing a few Health & Safety myths via the ‘Myth Busters Challenge Panel’, and highlighting the HSE’s asbestos safety campaign, before leading into our new ‘Face Fit Testing’ service with some interesting research on the topic.

HSE Safety Alert

Extendable Scaffolding Loading Bay Gate – use of cable ties to secure loose mesh and unsafe means of operation

HSE has become aware that a number of manufacturers/suppliers are marketing an extendable scaffold loading bay gate that does not satisfy legal requirements or applicable standards when in some configurations. When extended the loading bay gate, which forms part of the edge protection on a scaffold, is not robust enough to fulfil this function and is therefore not suitable and sufficient to comply with the Work at Height Regulations 2005. For more information click on the link: http://www.hse.gov.uk/safetybulletins/loading-bay-gate.htm?ebul=gd-cons/jul15&cr=1 or contact us on 07896 016380 or at Fiona@eljay.co.uk

HSE Myth Busters Challenge Panel

‘Health and Safety’ is often incorrectly used as a convenient excuse to stop what are essentially sensible activities going ahead when instead, we should be using good health & safety principles and practice to ensure that work proceeds, but safely. The Health and Safety Executive has set up an independent panel – the Myth Busters Challenge Panel – to scrutinize such decisions.

Below are just a few of the cases that the panel have recently considered, and their findings.

Case 363 – Unable to open office windows

Issue

Enquirer’s office has been told that they cannot have the keys to open the windows in their office on the 3rd floor as this would breach health and safety. The windows run almost floor to ceiling with the top section opening inwards. Standing next to the window, the open section is just below the enquirer’s chest height (they are 6ft tall). With summer coming the office is getting hotter and they are unable to have any fresh air in the building.

Panel opinion

In some circumstances it may be appropriate to prohibit people from opening windows if there is a real risk of someone falling out; but where this is a concern, the problem can also be addressed by fitting controls to limit the extent to which the windows can be opened. In this particular case it seems more likely that “health and safety” has been used as a cover when the real reason is to do with concerns over the effectiveness of the air conditioning.

“Health and safety” should not be used simply to avoid having a discussion about the real concerns and what solutions might be possible.

Our comment

More information about the safe opening and closing of windows, etc, as well as glazing safety in relation to impact and cleaning, can be found in Building Regulations Approved Document N (http://www.planningportal.gov.uk/uploads/br/BR_PDF_ADN_1998.pdf) or contact us on 07896 016380 or at Fiona@eljay.co.uk

Case 357 – Consultants and Letting Agents misinterpreting the risks of exposure to legionella of their tenants

Issue

Consultants and letting agents are i) using the revised L8 ACOP to infer there is new legislation regarding landlords responsibilities and ii) misrepresenting what the law requires of landlords of domestic rented properties in relation to assessing and controlling the risks of exposure to Legionella bacteria of their tenants, for financial gain.

Panel opinion

Health and Safety law does not require landlords to produce a ‘Legionnaires testing certificate’. Legionella testing is required only in exceptional circumstances and generally not in domestic hot and cold water systems. Such letting agents and consultants are scaremongering landlords, for financial gain, by misinterpreting and exaggerating the legal requirements to manage and control legionella in domestic premises.

HSE has published guidance for landlords, free to download from HSE’s website:

http://www.hse.gov.uk/legionnaires/faqs.htm – As a landlord, what are my duties?

http://www.hse.gov.uk/pubns/priced/hsg274part2.pdf – PDF – Paragraphs 2.138-2.146

Our comment

Whilst Legionella testing is not always required, if you are an employer, or someone in control of premises, you need to take the right precautions to reduce the risks of exposure to Legionella by carrying out a risk assessment, which includes management and prevention or control of any risks, as well as keeping and maintain the correct records. For more information click on the link http://www.hse.gov.uk/legionnaires/what-you-must-do.htm or contact us on 07896 016380 or at Fiona@eljay.co.uk

Case 355 – All tools on building sites need to be a maximum of 110V

Issue

The enquirer was tasked with carrying out sound insulation tests in houses on a construction site. The site manager asked him if his equipment was battery operated to which his reply was “no, it will need to be plugged into a 230V socket”. He asked if there was 230V power in the plots and the site manager said yes it was available but all “tools” on site need to run off a maximum of 110V as this was the company policy.

Panel opinion

The enquirer appears to have been planning to work in a completed (or nearly) completed house with the electrical system installed and compliant with requirements for electrical installations. This is a significantly lower risk from when the house is under construction. Whilst health and safety law does not ban 230v tools on construction sites, HSE strongly advises that 110v tools are preferable given the wet, dirty and dusty nature of construction sites and the possibility of mechanical damage to cables and tools.

In this instance a standard which is reasonable for a live, temporary, construction site is being applied to a different (domestic) environment where the risks would be much lower and the electrical system permanent and compliant with the latest standards.  If a site or company decide to impose a higher (disproportionate) standard in this lower risk environment they can but it is not health and safety law that requires this.

Our comment

More information about this construction safety topic can be found on the HSE web page “Electricity – Systems in buildings”. Click on the link http://www.hse.gov.uk/construction/safetytopics/systems.htm or contact us on 07896 016380 or at Fiona@eljay.co.uk

Case 345 – Council erecting a barrier on sloping grass bank to prevent workers and the public falling onto concrete path below

Issue

A sloping grassed bank, whose base is retained by a vertical wall, runs along behind social housing dwellings. The council has identified a risk of injury to workers from a fall from the top of the retaining wall when working on the bank above and also identified a similar risk of injury for residents and the public who access the bank. The council plans to install a barrier on top of the wall to reduce the risk of fall from height onto the concrete path below.

Panel opinion

The Council is taking a sensible approach to find a way of minimising various risks to its own employees and members of the public. They should continue to discuss with residents to find a suitable means of fencing/protection that reduces risk without restricting access unduly.

Our comment

If you manage or own property in which others live or work, it is your duty to ensure that the premises (inside and out) are in a satisfactory state from a health and safety perspective. Falls from height is just one of the many risks that need to be considered. We provide health & safety inspections of residential and commercial properties, as well as fire and Legionella risk assessments. For more information contact us on 07896 016380 or at Fiona@eljay.co.uk.

News & Research

1.3 million tradespeople at risk from dangers of asbestos

Health and Safety Executive launches new safety campaign as an average of 20 tradespeople die every week from asbestos related disease

Tradespeople, including construction workers, carpenters and painters and decorators, could come into contact with deadly asbestos on average more than 100 times a year* according to a new survey commissioned by the Health and Safety Executive (HSE)**.

As well as illustrating how often tradespeople can be exposed to asbestos, the survey revealed some common myths believed by those at risk, with 1 in seven (14 per cent) believing that drinking a glass of water will help protect them from the deadly dust and one in four (27 per cent) thinking that opening a window will help to keep them safe.

Only a third (30 per cent) of those asked, were able to identify all the correct measures for safe asbestos working, whilst more than half (57 per cent) made at least one potentially lethal mistake in trying to identify how to stay safe.

Twenty tradespeople, on average, die every week from asbestos related diseases.

Asbestos can be found in walls and ceilings, or the structure of a building, as well as a host of other places like floor tiles, boilers, toilet cisterns, guttering and soffits.

It can be disturbed by basic maintenance work like drilling holes and sanding and once disturbed, the microscopic fibres can prove lethal if breathed in, causing lung disease and cancer.

The research, undertaken by Censuswide in September 2014, shows that while more than half (53 per cent) knew that asbestos could be in old buildings built before 1970, only 15 per cent knew that it could still be found in buildings built up to the year 2000.

And although many of those surveyed could pinpoint some asbestos-containing materials, others were clueless, with only 19 per cent recognising it could also be hidden in common fixtures such as toilet seats and cisterns.

To encourage tradespeople to think about asbestos on every job so they are prepared to deal with the danger, HSE has launched a new safety campaign. A key feature of the campaign is the creation of a new web app for phones, tablets and laptops that helps tradespeople easily identify where they could come into contact with the deadly material as they go about their day-to-day work and gives them tailored help on how to deal with the risks.

Philip White, HSE’s Chief Inspector for Construction, said:

“Asbestos is still a very real danger and the survey findings suggest that the people who come into contact with it regularly often don’t know where it could be and worryingly don’t know how to deal with it correctly, which could put them in harm’s way. Our new campaign aims to help tradespeople understand some of the simple steps they can take to stay safe. Our new web app is designed for use on a job so workers can easily identify if they are likely to face danger and can then get straight forward advice to help them do the job safely.”

Former electrical consultant Simon Clark, who in 2012 was diagnosed with mesothelioma – the life-threatening and aggressive cancer caused by exposure to asbestos – when he was just 52, said:

“When I was younger I didn’t think of the dangers of asbestos and I must have been exposed to it frequently. Since being diagnosed, I’ve had to give up my work and let some of my employees go – which is the hardest thing I’ve ever done. It is vitally important that everybody knows when they might be exposed and takes the correct steps to protect themselves.”

To download the web app please visit www.beware-asbestos.info/news

For more information on asbestos safety please visit http://www.hse.gov.uk/asbestos or contact us on 07896 016380 or at Fiona@eljay.co.uk

HSE Research Report 1052 – The effect of wearer stubble on the protection given by Filtering Facepieces Class 3 (FFP3) and Half Masks

HSE Inspectors routinely come across workers with various degrees of stubble growth using respiratory protective masks, despite guidance to the contrary. This research studied the effect of 0-7 days stubble growth on the protection given by FFP3 filtering facepieces and half masks.

Fifteen male volunteers took part, each testing four masks. For most, three different design FFP3 and one half mask were tested, selected from seven models of FFP3 and 2 half masks. Fit tests were carried out immediately after shaving and repeated six times during the following week, without further shaving.

Results showed that the effect on protection was quite specific to the mask/wearer combination.

Protection could be significantly reduced where stubble was present, beginning within 24 hours from shaving, and generally worsening as facial hair grew. Statistical analysis predicted this could reach an unacceptable level for all of the masks tested.

While some individual wearers did grow some stubble without significantly reducing protection with some masks, this was unpredictable and it would not be practical to conduct the necessary testing to confirm this for every individual wearer.

The current guidance advising being clean-shaven in the area of the mask seal is justified.

Face Fit testing of RPE (Respiratory Protective Equipment)

As you will be aware you must ensure that any RPE you use provides adequate protection for individual wearers. RPE can’t protect the wearer if it leaks. A major cause of leaks is poor fit – tight-fitting face-pieces need to fit the wearer’s face to be effective. As people come in all sorts of shapes and sizes it is unlikely that one particular type or size of RPE face-piece will fit everyone. Fit testing will ensure that the equipment selected is suitable for the wearer and, importantly, will help ensure the safety of your workers.

RPE fit testing should be conducted by a competent person – you should take steps to ensure that person who carries out the fit test is appropriately trained, qualified and experienced, and is provided with appropriate information to undertake each particular task.

We can carry out your face fit testing, so if you need help selecting and fit testing RPE, contact us today on 07896 016380 or at Fiona@eljay.co.uk to discuss your requirements and we will provide you with a no-obligation quotation.

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.