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

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

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

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

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

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

Thorough examinations and inspections of lifting equipment

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

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

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

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

What is a ‘thorough examination’ under LOLER?

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

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

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

What is a ‘competent person’?

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

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

When should thorough examinations be carried out?

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

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

What are the specified intervals for regular thorough examinations?

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

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

What is covered by a thorough examination?

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

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

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

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

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

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

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

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

Testing of lifting equipment

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

Maintenance and inspection of lifting equipment.

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

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

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

Reports and defects

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

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

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

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

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

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

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

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Bolton resident dies in lift shaft fall

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

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

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

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

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

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

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

Passenger lifts and escalators

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

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

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

Passenger lifts used by people at work

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

Passenger lifts used by people who are not at work

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

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

Escalators and moving walkways

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

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

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

Stair lifts:

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

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

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

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

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

 

 

HEALTH & SAFETY NEWS UPDATE – 29TH SEPTEMBER 2016

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Safer Sites target inspections – coming to a street near you

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

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

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

These include:

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

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

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

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

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

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

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

 

 

HEALTH & SAFETY NEWS UPDATE – 28TH JULY 2016

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

Provision and Use of Work Equipment Regulations 1998 (PUWER) – national steel firm fined £1.98 million for safety failings

A national steel firm has been fined £1.98 million after two workers suffered injuries to their hands in two separate incidents involving machinery.

Northampton Crown Court heard how a 26-year-old employee lost two thirds of his left hand and his middle and ring fingers whilst trying to clear a blockage on a steel tube manufacturing line which had unsuitable guarding, and in a separate incident, a 52-year-old team leader lost part of his little finger when his left hand was caught, again in an inadequately guarded machine, whilst he was receiving refresher training.

An investigation by the Health and Safety Executive (HSE) into the incidents which occurred in September 2014 and February 2015 found that there was a failure to appropriately guard and manage the risks arising from dangerous parts of these items of machinery.

HSE inspector Mark Austin said after the hearing: “Guarding of dangerous parts of machinery is a fundamental of ensuring workers safety, HSE will not hesitate to hold those accountable who do not fulfil their legal obligations, especially if that results in someone receiving life changing injuries.”

The HSE decision to prosecute is always made in line with the principles set out in the published Enforcement Policy Statement. The level of fine is a matter for the courts.

Provision and Use of Work Equipment Regulations 1998 (PUWER)

These Regulations, often abbreviated to PUWER, place duties on people and companies who own, operate or have control over work equipment. PUWER also places responsibilities on businesses and organisations whose employees use work equipment, whether owned by them or not.

PUWER requires that equipment provided for use at work is:

  • suitable for the intended use
  • safe for use, maintained in a safe condition and inspected to ensure it is correctly installed and does not subsequently deteriorate
  • used only by people who have received adequate information, instruction and training
  • accompanied by suitable health and safety measures, such as protective devices and controls. These will normally include emergency stop devices, adequate means of isolation from sources of energy, clearly visible markings and warning devices
  • used in accordance with specific requirements, for mobile work equipment and power presses

Some work equipment is subject to other health and safety legislation in addition to PUWER. For example, lifting equipment must also meet the requirements of LOLER (http://www.hse.gov.uk/work-equipment-machinery/loler.htm), pressure equipment must meet the Pressure Systems Safety Regulations (http://www.hse.gov.uk/pressure-systems/index.htm) and personal protective equipment must meet the PPE Regulations (http://www.hse.gov.uk/pubns/indg174.pdf).

What is work equipment?

Work equipment is any machinery, appliance, apparatus, tool or installation for use at work (whether exclusively or not). This includes equipment which employees provide for their own use at work. The scope of work equipment is therefore extremely wide. The use of work equipment is also very widely interpreted and ‘…means any activity involving work equipment and includes starting, stopping, programming, setting, transporting, repairing, modifying, maintaining, servicing and cleaning’.

What you must do

If your business or organisation uses work equipment or is involved in providing work equipment for others to use (eg for hire), you must manage the risks from that equipment. This means you must:

  • ensure the equipment is constructed or adapted to be suitable for the purpose it is used or provided for
  • take account of the working conditions and health and safety risks in the workplace when selecting work equipment
  • ensure work equipment is only used for suitable purposes
  • ensure work equipment is maintained in an efficient state, in efficient working order and in good repair
  • where a machine has a maintenance log, keep this up to date
  • where the safety of work equipment depends on the manner of installation, it must be inspected after installation and before being put into use
  • where work equipment is exposed to deteriorating conditions liable to result in dangerous situations, it must be inspected to ensure faults are detected in good time so the risk to health and safety is managed
  • ensure that all people using, supervising or managing the use of work equipment are provided with adequate, clear health and safety information. This will include, where necessary, written instructions on its use and suitable equipment markings and warnings
  • ensure that all people who use, supervise or manage the use of work equipment have received adequate training, which should include the correct use of the equipment, the risks that may arise from its use and the precautions to take
  • where the use of work equipment is likely to involve a specific risk to health and safety (eg woodworking machinery), ensure that the use of the equipment is restricted to those people trained and appointed to use it
  • take effective measures to prevent access to dangerous parts of machinery. This will normally be by fixed guarding but where routine access is needed, interlocked guards (sometimes with guard locking) may be needed to stop the movement of dangerous parts before a person can reach the danger zone. Where this is not possible – such as with the blade of a circular saw – it must be protected as far as possible and a safe system of work used. These protective measures should follow the hierarchy laid down in PUWER regulation 11(2) and the PUWER Approved Code of Practice and guidance or, for woodworking machinery, the Safe use of woodworking machinery: Approved Code of Practice and guidance
  • take measures to prevent or control the risks to people from parts and substances falling or being ejected from work equipment, or the rupture or disintegration of work equipment
  • ensure that the risks from very hot or cold temperatures from the work equipment or the material being processed or used are managed to prevent injury
  • ensure that work equipment is provided with appropriately identified controls for starting, stopping and controlling it, and that these control systems are safe
  • where appropriate, provide suitable means of isolating work equipment from all power sources (including electric, hydraulic, pneumatic and gravitational energy)
  • ensure work equipment is stabilised by clamping or otherwise to avoid injury
  • take appropriate measures to ensure maintenance operations on work equipment can be carried out safely while the equipment is shut down, without exposing people undertaking maintenance operations to risks to their health and safety

When providing new work equipment for use at work, you must ensure it conforms with the essential requirements of European Community law (for new machinery this means the Machinery Directive). You must check it:

  • is CE marked
  • comes with a Declaration of Conformity
  • is provided with instructions in English
  • is free from obvious defects – and that it remains so during its working life

When providing mobile work equipment, you must ensure that:

  • where employees are carried, the equipment is suitable for that purpose
  • the risks from rolling over are minimised, and any person being carried is protected in the event of fall or rollover. This should include protection against crushing, through the provision of a suitable restraint and a rollover protection system
  • self-propelled equipment can be controlled safely with braking devices, adequate driver vision and, where necessary, lighting
  • measures are taken to prevent any risks from drive shafts that power accessories attached to mobile work equipment, by using adequate guards

When providing power presses for working on cold metal, you must thoroughly examine them and their safeguards before first putting them into use, and periodically afterwards. This means you must ensure that the inspection and testing of guards and protection devices is carried out by a competent person at frequent intervals, and that records of these examinations, inspections and tests are kept.

What you should know

The Provision and Use of Work Equipment Regulations 1998 replaced the original PUWER regulations first introduced in 1992. The main change was in the coverage of mobile work equipment, woodworking equipment and power presses allowing the repeal of the 1965 Power Press Regulations and a number of other older regulations, including those on woodworking machinery.

The Provision and Use of Work Equipment Regulations 1998 link to external website, as amended by the Health and Safety (Miscellaneous Amendment) Regulations 2002 link to external website, are supported by an Approved Code of Practice (ACOP) and additional free guidance which are readily available from HSE. Other ACOPs that support PUWER are also available, covering woodworking machinery and power presses for working on cold metal. Where work equipment is also lifting equipment, there is another ACOP supporting LOLER and PUWER.

While the ACOPs are not law, they were made under section 16 of the Health and Safety at Work Act link to external website (HSW Act) and so have a special status, as outlined in the introduction to the PUWER ACOP:

‘Following the guidance is not compulsory and you are free to take other action. But if you do follow the guidance you will normally be doing enough to comply with the law. Health and safety inspectors seek to secure compliance with the law and may refer to this guidance as illustrating good practice.’

These ACOPs support PUWER and the general provisions of section 2 of the HSW Act, as well as other regulations, including the Management of Health and Safety at Work Regulations and the Workplace (Health, Safety and Welfare) Regulations.

Other more specific legislation may also apply (for example LOLER, when lifting equipment is used at work). In some cases, equipment used at work is more appropriately covered by other, more specific legislation (eg the Personal Protective Equipment Regulations PDF and the Electricity at Work Regulations). You may therefore have to ensure that the requirements of other legislation are met alongside those of PUWER; for example, the Workplace (Health, Safety and Welfare) Regulations, in relation to the workplace risks to pedestrians arising from mobile work equipment.

HSE has developed Open learning guidance to assist those who wish to learn more about PUWER, or see also: Using work equipment safely (http://www.hse.gov.uk/pubns/indg229.htm).

Although PUWER has a wide application, there is a general exclusion covering the use of ship’s work equipment in most situations because there are other provisions for the safety of this equipment under merchant shipping legislation.

Most new work equipment that is machinery will also fall within the scope of the Machinery Directive, as implemented by the Supply of Machinery (Safety) Regulations. Machinery, and certain other work equipment within scope of the Directive, must undergo conformity assessment and be appropriately CE marked before being placed on the market or brought into use. This includes:

  • machinery which needs to be installed on / with other equipment or in a structure before it can be used
  • safety components placed independently on the market
  • lifting equipment / accessories
  • partly completed machinery (machinery which cannot itself perform a function) also comes within scope of the Machinery Directive

For more information, visit the HSE web pages: http://www.hse.gov.uk/work-equipment-machinery/puwer.htm and http://www.hse.gov.uk/work-equipment-machinery/ 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 – 19TH JUNE 2016

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

Waste management and recycling machinery – worker fatally crushed by refuse collection vehicle – firms fined £815,000

Two companies have been fined a total of £815,000 after a worker and father-to-be was crushed to death in Lancashire by a refuse collection vehicle.

A recycling/waste company and bin wagon repair company both pleaded guilty and were sentenced at Preston Crown Court, after an investigation by the Health and Safety Executive (HSE).

The court heard that, in May 2014, during a refurbishment task at the repair company’s premises, an operative using the controls within the RCV’s cab closed the tailgate on the worker who was at the rear of the vehicle, fatally crushing him to death.

The RCV was supplied with in-cab controls for raising and lowering the tailgate. The system was designed such that it should not have been possible to completely close the tailgate using the in-cab controls, with a minimum gap of 1m being left between the bottom edges of the body and the tailgate. Examinations revealed a fault with the safety limit switch – it was found to be jammed in the actuated position resulting in it being possible to completely close the tailgate using the in-cab controls.

The HSE investigation found the fatal injury occurred due to a poor system of work at the repair company, derived from a lack of a suitable and sufficient assessment of the risks, including failure to prop the tailgate adequately.

In addition, the recycling/waste company failed in its inspection regime, which did not systematically review the functionality of the 1m safety limit switch (a designated safety function) on relevant RCVs. Had the fault with the 1m safety limit switch been identified and rectified by the recycling/waste company, the poor system of work employed by the repair company would have been unable to result in the closure of the tailgate causing the entrapment of the worker.

An HSE inspector said after the hearing: “This tragic incident was entirely preventable.

“It is important for organisations to maintain safety critical devices so they function correctly. Additionally, if a company utilises a system of work which does not rely on the effectiveness of that safety device, but then employs a contractor to work on the machine, there should be an effectively communicated handover so both are aware of any limitations and how the machine could function.

“[The recycling/waste company’s] failure to include the functionality of a manufacturer-stated safety critical device on its RCVs in its maintenance regimes resulted in an inability to relay information to any third party about its presence and condition. Therefore it exposed non-employees to unnecessary risk and ultimately contributed to this appalling loss of life.

“Similarly, [the repair company’s] failure to implement a safe system of work for the maintenance of the RCV meant that any of its employees were exposed to the same risk. The lack of an adequate assessment of the risks of working around RCVs enabled the hazard of the non-functioning switch to materialize in the worst possible manner.

“As a result of the failings on behalf of both duty-holders, … a young man and father-to-be lost his life whilst going about his work.”

Waste management and recycling machinery

Introduction

A wide variety of work equipment and machinery is used across the waste and recycling industry (eg conveyors, lifting equipment, waste baling and compacting machines). Every year, a significant proportion of accidents (many serious and sometimes fatal) occur as a result of poorly guarded work equipment or improper use (eg unsafe interventions such as clearing blockages, maintenance or repair activities being undertaken when machinery is running). To prevent and reduce the risk of serious or fatal injury adequate arrangements and systems of work are required.

Machinery related legislation

Provision and Use of Work Equipment Regulations 1998 [PUWER]:

These Regulations require that the equipment provided for use at work is: suitable for the intended use; safe for use; maintained in a safe condition and, in certain circumstances inspected to ensure this remains the case; used only by people who have received adequate information, instruction and training; and accompanied by suitable safety measures, eg protective devices, markings, warnings.

Providing and using work equipment safely: A brief guide: http://www.hse.gov.uk/pubns/indg291.htm

Lifting Operations and Lifting Equipment Regulations 1998 [LOLER]:

These Regulations require that lifting equipment provided for use at work is: strong and stable enough for the particular use; marked to indicate safe loading loads; positioned and installed to minimise any risks; used safely, ie the work is planned, organised and performed by competent people; and subject to ongoing through examination and, where appropriate, inspection by competent people.

Lifting equipment at work: A brief guide: http://www.hse.gov.uk/pubns/indg290.htm

What can be done to reduce the risks?

Use the right equipment for the job:

Many accidents happen because people have not chosen the right equipment for the work to be done. Controlling the risk often means planning ahead and ensuring that suitable equipment or machinery is available.

  • Buying new machinery – A short guide to the law and some information on what to do for anyone buying new machinery for use at work: http://www.hse.gov.uk/pubns/indg271.htm
  • Supplying new machinery – Explains the main health and safety requirements of the law, what you need to know about and what you can do in practice to meet the requirements: http://www.hse.gov.uk/pubns/indg270.pdf
  • Hiring out equipment – those who hire out work equipment are responsible for ensuring that the equipment is safe to use at the point of hire. The hirer should also make reasonable attempts to find out what the equipment will be used for and provide advice on how it should be used. The safe use of the equipment is the responsibility of the person who hires it.

Preventative actions:

  1. Risk assess your work activities and introduce (and maintain) safe systems of work for all the machinery in use. Useful information on safe systems of work for the use of balers and compactors can be found in Guidance for the recovered paper industry (http://www.hse.gov.uk/pubns/indg392.htm). The underlying principles of this guidance can be applied to other machinery (eg, conveyors, shredders, trommels etc.) used in the waste and recycling industry.
  2. Ensure all fixed guards are in place (and are replaced after removal) and secured to ensure access to moving parts is not possible when the machine is in operation.
  3. During, cleaning, repair or maintenance activities inadvertent powered movement can be prevented by securely isolating the plant from power sources – usually the electricity supply, but can also involve hydraulic and pneumatic power, and take into account the dissipation of stored energy if applicable. Security (‘lock off’) can be provided by padlocks on electrical isolator switches, for instance, and multi-user padlocks can be provided if more than a single maintenance worker is involved.
  4. Further information on Machinery lock-off procedures has been produced by the Environmental Services Association (ESA): http://www.esauk.org/esa_policies/people_health_and_safety/ESA_Machinery_Lockoff_Guidance_FINAL.pdf
  5. Permits to work can be utilised for more extensive plant, more complex management systems, and where entry into confined spaces may be required.
  6. Ensure operators have received appropriate information and training relating to the safe operation of machinery.

Other issues:

  • Access and work at height: falls can occur both when gaining access to places of work, and from the place of work itself (which may not have been designed for this purpose). Where access to items of plant for maintenance purposes requires working at height suitable risk assessments and systems of work must be in place.
  • Falling of heavy objects: it is not uncommon for heavy items to be moved, temporarily supported or inadvertently disturbed during maintenance activities. Suitable risk assessments and systems of work are in place for maintenance activity where heavy items may be moved, temporarily supported or disturbed.
  • Confined spaces: a number of people are killed or seriously injured in confined spaces each year in the UK. This happens in a wide range of industries, from those involving complex plant to simple storage vessels. Those killed include not only people working in the confined space but those who try to rescue them without proper training and equipment.

A confined space is defined as any space of an enclosed nature where there is a risk of death or serious injury from hazardous substances or dangerous conditions (eg a reduced oxygen atmosphere). Some confined spaces are fairly easy to identify, eg enclosures with limited openings such as storage tanks, reaction vessel, enclosed drains or sewers. Others such as open topped chambers; ductwork, enclosed conveyor systems and unventilated or poorly ventilated rooms may be less obvious but equally dangerous.

A suitable and sufficient assessment of the risks for all work activities must be undertaken for the purpose of deciding what measures are necessary for safety. For work in confined spaces this means identifying the hazards present, assessing the risks and determining what precautions to take.

For more information, visit the HSE web page: http://www.hse.gov.uk/waste/machinery.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 – 19TH NOVEMBER 2015

REGISTER BELOW-LEFT TO RECEIVE OUR UPDATES BY EMAIL

IN THIS UPDATE

Introduction

Chief Inspector challenges small construction sites to act now to manage workers health and safety

Crowd management – your duties as an event organiser

Managing risks from skin exposure at work

Introduction

This autumn saw the HSE’s 10th annual refurbishment inspection initiative, and after 46% of sites fell below standards, the Chief Inspector of Construction is challenging the refurbishment industry to act now and protect their workers. As well as serving 692 enforcement notices and 983 notifications of contravention, inspectors had to deal with immediate risks such as falls from height (the most common killer in the industry), and exposure to silica dust and asbestos. This week we open our update with HSE guidance on managing construction sites safely.

As the festive season rapidly approaches, we hear that this year’s Christmas lights switch-on in Solihull has been cancelled amid health and safety fears arising from the size of crowds expected to attend. In 2009 approximately 60 people were injured during a crowd-surge at such an event in Birmingham. So we’re also sharing HSE guidance this week on crowd management – specifically aimed at those responsible for organising events such as these.

And finally, we look at the risks from skin exposure at work – how many materials used can affect the skin or pass through the skin, causing diseases elsewhere in the body – and how these can be prevented.

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

Chief Inspector challenges small construction sites to act now to manage workers health and safety

The Health and Safety Executive’s (HSE’s) Chief Inspector of Construction is challenging the refurbishment industry to act now and protect their workers, after 46 per cent of sites fell below standards during a recent inspection initiative.

HSE targeted small refurbishment sites during the month long drive and 692 enforcement notices and 983 notifications of contravention had to be served where there was a material breach of health and/or safety. Inspectors had to deal with immediate risks, such as work at height, and also to deal with sites where workers were being exposed to silica dust and asbestos, which cause long term health problems.

Health and safety breaches were also followed up with clients and designers, reinforcing their duties under the Construction Design and Management Regulations (CDM) 2015 and help them understand their responsibilities.

Despite the high rate of enforcement action, the inspectors found a number of examples of good practice.

Peter Baker, Health and Safety Executive’s Chief Inspector of Construction said: “It is disappointing that some small refurbishment sites are still cutting corners and not properly protecting their workers. Falls from height are the most common killer in the industry but we still found workers put at risk to save minutes on the job – believing it wouldn’t happen to them.

“The mis-conception that health issues cannot be controlled is simply not true and ruining people’s lives. Harmful dust, whether silica or wood, is a serious issue and can be managed effectively with the right design, equipment and training. Health effects may not be immediate but the ultimate impact on workers and their families can be devastating. Each week 100 construction workers die from occupational disease.”

“HSE inspectors found lots of good examples of small sites carrying out work safely, proving it can be done. Larger construction sites accepted the challenge a few years ago and have made big improvements, which all of the industry can learn from. My message to smaller businesses is don’t wait for an accident or visit from an inspector before you make the change, but act now and learn from your colleagues’ example.”

How to manage your site safely (click on the links)

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

Crowd management – your duties as an event organiser

Solihull’s Christmas lights switch-on has been cancelled this year amid health and safety fears arising from the size of crowds expected to attend. In 2009 approximately 60 people were injured during a crowd-surge at such an event in Birmingham.

As an organiser you must as far as reasonably practicable ensure the safety of visiting crowds.

While certain aspects of crowd safety can be allocated to contractors, for example stewarding, you will retain overall responsibility for ensuring the safety of the public.

What you should know

Hazards presented by a crowd:

  • Crushing between people.
  • Crushing against fixed structures, such as barriers.
  • Trampling underfoot.
  • Surging, swaying or rushing.
  • Aggressive behaviour.
  • Dangerous behaviour, such as climbing on equipment or throwing objects.

Hazards presented by a venue:

  • Slipping or tripping due to inadequately lit areas or poorly maintained floors and the build-up of rubbish.
  • Moving vehicles sharing the same route as pedestrians.
  • Collapse of a structure, such as a fence or barrier, which falls onto the crowd.
  • People being pushed against objects, such as unguarded, hot cooking equipment on a food stall.
  • Objects, such as stalls, that obstruct movement and cause congestion during busy periods.
  • Crowd movements obstructed by people queuing at bars etc.
  • Cross flows as people cut through the crowd to get to other areas, such as toilets.
  • Failure of equipment, such as turnstiles.
  • Sources of fire, such as cooking equipment.

Assessing the risks and putting controls in place

Carry out an assessment of the risks arising from crowd movement and behaviour as they arrive, leave and move around the site.

Note: Whether health and safety law will apply on routes to and from the venue will largely depend on the circumstances (other legislation to do with Licensing and traffic law may take precedence). If health and safety law does apply, an organiser’s legal duty regarding crowd safety will depend on the extent of control they have, which should be judged on a case-by-case basis. These duties are likely to be shared with others, including the local authority, landowners and transport providers.

Find out more

To assist you in identifying measures to help keep people safe see Managing crowds safely: http://www.hse.gov.uk/pubns/books/hsg154.htm

Barriers

Barriers at events serve several purposes, eg:

  • as an aid to manage and influence the behaviour of the audience; to line routes; and to prevent the audience climbing on top of temporary structures and putting themselves at risk of falling
  • to relieve and prevent overcrowding and the build-up of audience pressure
  • to provide physical security, as in the case of a high-perimeter fence at an outdoor event
  • to shield hazards from people

If you decide to use barriers and fencing as a crowd management tool, then they should be risk assessed. Depending on the complexity of the risk and barrier/s, you may need a source of competent advice to help you.

The factors you should take into account include:

  • the planned use of barriers
  • layout
  • ground conditions and topography
  • the presence of underground services, eg water pipes, electric cables that could restrict the use of pins to secure barriers
  • weather
  • load on the barrier – wind and/or crowd pressure
  • audience numbers and behaviour

These and any other factors peculiar to the location will determine the type of barrier or fence you select. It is crucial that the type of barrier and fence does not present greater risks than those they are intended to control. In some cases, barriers have failed due to incorrect selection.

To install simple barriers like rope and posts is relatively straightforward. However, for more complex barrier arrangements like stage barriers you may need a competent contractor to do this for you.

Deploy barriers and fencing with proper crowd management procedures, eg use of stewards to help achieve an all-round effective management of the risk. If appropriate, consult with a crowd management director on the use of barriers.

Find out more (click on the links)

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

Managing risks from skin exposure at work

Many materials used at work can affect the skin or can pass through the skin and cause diseases elsewhere in the body. If you are an employer, health and safety adviser, trainer or safety representative, this book (free to download by clicking on the link: http://www.hse.gov.uk/pubns/books/hsg262.htm) provides guidance to help you prevent these disabling diseases.

It covers the protective role of the skin, ill health arising from skin exposure, recognising potential skin exposure in your workplace, and managing skin exposure to prevent disease.

There is guidance on assessing and managing risks, reducing contact with harmful materials, choosing the right protective equipment and skin care products, and checking for early signs of skin disease.

The document also contains a series of case studies drawn from a wide range of industries.

Related resources (click on the links)

See also

For clarification or more 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 the Health and Safety Executive and licensed under the Open Government Licence