HEALTH & SAFETY NEWS UPDATE – 15TH OCTOBER 2015

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IN THIS UPDATE

Introduction

Proper health and safety is no barrier to success

Separating pedestrians and vehicles

Maintaining portable electrical equipment (PAT testing)

Managing asbestos in the retail sector

Introduction

The term “health and safety” has become much maligned over recent years, with related bureaucracy, “jobsworths” and red tape regularly being cited as a hindrance in the workplace, and spoiler of fun out of it. In this week’s update, we open with the HSE’s response to an article which suggests that a “regulation heavy culture” in the UK is making it impossible for businesses to start up. And we also share a couple of health and safety misconceptions, relating to PAT testing and asbestos management, dispelled by the HSE’s “Myth Busters Challenge Panel”.

Waste and recycling is a high-risk industry. It accounts for only about 0.5% of the employees in Britain, but 2.6% of reported injuries to employees. However, failure to provide adequate segregation between pedestrians and moving vehicles, which resulted in recycling firm employee being struck by a 7.5 tonne telehandler at a waste transfer station, could occur in any workplace transport situation. We also share HSE guidance this week on separating pedestrians and vehicles.

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

Proper health and safety is no barrier to success

In response to an article published last month in Herald Scotland which analysed health and safety regulation in Great Britain and suggested a “regulation heavy culture” making it impossible for businesses to start up, the Health and Safety Executive have published the following comment by their Director of Scotland and Northern England Mike Cross:

“Although the analysis of health and safety regulation in Great Britain is depressingly inaccurate, (Time to take a risk and cut back on red tape – Monday 28 September http://www.heraldscotland.com/business/opinion/13787377.Time_for_radical_re_think_on_health_and_safety_regulations/), Pinstripe will be pleased to hear all of his ‘ideas’ were implemented some time ago.

The Health and Safety Executive (HSE) is on target to deliver reforms to remove or improve around 84 percent of existing health and safety regulations. This includes reducing the overall stock of legislation by 50 percent in line with the Government’s existing ‘one in, one out’ policy.

HSE, working with Government and industry, is tackling the perceived ‘compensation culture’ head on, amending the Health and Safety at Work etc. Act 1974 (HSWA) so civil claims for breaches of h&s duties can only be able to be made under the common law where negligence can be proved.

Simple and straightforward guidance for small firms is easily available to ensure only documents essential for helping to manage risk in their businesses are produced.

However, I make no apology for my inspectors taking a firm enforcement line when workers lives are being put at risk irrespective of the age of the business. In Scotland, last year 20 workers died and in 2013/14 1,936 were reported seriously injured in incidents at work, many of them in small firms who typically trade for less than three years.

The reality is there is no need to make a choice between safety and economic success. The most successful businesses in GB also have excellent health and safety records. Put simply, effective management of health and safety is good for business.”

Separating pedestrians and vehicles

A national recycling firm has been fined £200,000 plus nearly £12,000 costs after an employee was struck by a 7.5 tonne telehandler. The accident happened as a result of the company failing to provide adequate segregation between pedestrians and moving vehicles at a waste transfer station in Lancashire. As an employee walked across an outside plastics hand sorting area, he passed behind a stationary telehandler. The telehandler began to reverse and struck the worker who was knocked to the ground and then run over by the rear wheel of the vehicle. His resulting injuries caused him to be hospitalised for two months.

The Health and Safety Executive (HSE) prosecuting told the Court the company had identified the risks but failed to put in place suitable controls to stop people being hit by vehicles.

An HSE inspector said after the hearing: “Employers need to look carefully at their workplaces regularly to make sure that pedestrian routes are clearly marked and physically separated from vehicle routes wherever possible. The employee could have easily been killed and still has severe mobility problems as a result of the accident. He is unlikely to be able to work in the near future.”

Key messages

  • By law, pedestrians or vehicles must be able to use a traffic route without causing danger to the health or safety of people working near it.
  • Roadways and footpaths should be separate whenever possible.
  • You need to consider protection for people who work near vehicle routes.
  • By law, traffic routes must also keep vehicle routes far enough away from doors or gates that pedestrians use, or from pedestrian routes that lead on to them, so the safety of pedestrians is not threatened.

Questions to ask

Your risk assessment should include answers to these questions:

  • How are pedestrians and cyclists kept away from vehicles?
  • How do you mark out and sign vehicle and pedestrian areas?
  • Where do vehicles and pedestrians have to use the same route?
  • How do you mark out and sign crossing points
    • for drivers?
    • for pedestrians?
  • How do you tell drivers and pedestrians about the routes and the layout? For example:
    • staff who work on site (training)
    • new staff (induction)
    • visitors
  • Apart from collisions, what else presents a health and safety risk? For example:
    • materials falling from vehicles
    • noise
    • fumes
    • How can you manage these risks?

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

Maintaining portable electrical equipment (PAT testing)

In HSE Myth Busters Challenge Panel Case 254, rope access company operators using 36v battery drills whilst on site were told that due to health and safety rules, they could not take battery chargers onto site unless they had a PAT certificate.

The Panel’s decision was as follows:

Health & safety law does not require electrical items to be portable appliance tested (PAT). Regulations simply require that electrical equipment be maintained to prevent danger. HSE guidance on maintaining portable electrical equipment covers maintenance intervals, including for chargers. Maintenance is for the owner but operators may have their own rules to help ensure safety across their site.

Do you have control over or use portable electrical equipment in the workplace?

Guidance published by the HSE can be downloaded free by clicking on the link: http://www.hse.gov.uk/pubns/priced/hsg107.pdf. For managers, electricians, technicians and users, it gives sensible advice on maintaining portable electrical equipment to prevent danger. It covers equipment that is connected to the fixed mains supply or a locally generated supply. It outlines a recommended maintenance plan based on a straightforward, inexpensive system of user checks, formal visual inspection and testing.

For a list of FAQs about portable appliance testing, visit the HSE web page http://www.hse.gov.uk/electricity/faq-portable-appliance-testing.htm or for clarification/more information, contact us on 07896 016380 or at Fiona@eljay.co.uk, and we’ll be happy to help.

Managing asbestos in the retail sector

In HSE Myth Busters Challenge Panel Case 266, a member of staff in a retail outlet was told that all visitors to the building where she worked had to be shown the comprehensive asbestos register, even if they were only coming for a meeting and not doing any physical work. For example a visitor attending a verbal meeting with the store manager had to sign to say they had seen it. The building was a retail outlet with back offices and did have managed asbestos in some areas but not all .The enquirer would have understood if the visitor was a contractor doing works to the building fabric, but felt this was over-the-top and wondered if the myth busters could confirm.

The Panel’s decision was as follows:

The serious health risks from exposure to asbestos are well known. The Control of Asbestos Regulations (CAR) 2012 contain a duty to pass on information about asbestos to people liable to disturb it in the course of their work or visit. However, there is no reason why people visiting simply to attend a meeting would need to see this information.

New guidance published by the Retail Asbestos Working Group (RAWG), and supported by HSE, provides sensible, practical, advice on managing asbestos and working with asbestos containing materials in trading stores and shops. The guidance confirms that the measures described by the enquirer go beyond what is needed to manage the risk of exposure for visitors. It is free to download by clicking on the link: http://www.brc.org.uk/brc_policy_content.asp?iCat=49&iSubCat=699&spolicy=Risk+%26+Safety&sSubPolicy=Asbestos+Guidance+for+Retailers

For more general guidance on asbestos health and safety, visit the HSE web page http://www.hse.gov.uk/asbestos/ 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 – 3RD SEPTEMBER 2015

IN THIS UPDATE

Introduction

HSE Refurbishment Inspection Initiative 2015

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

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

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

Introduction

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

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

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

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

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

HSE Refurbishment Inspection Initiative 2015

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

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

What the initiative does

The main aims of the initiative are:

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

What inspectors look for

During inspections, HSE inspectors consider whether:

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

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

Previous campaign results:

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

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

Date and location

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

Event overview

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

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

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

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

Further information

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

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

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

Not sure whether you manage an HMO?

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

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

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

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

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

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

Your safety responsibilities

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

Gas safety

You must:

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

Electrical safety

You must make sure:

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

Fire safety

You must:

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

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

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

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

Work-related transport

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

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

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

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

Key messages

Campaign posters

Campaign radio publicity

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

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

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

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

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

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

Young people at work

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

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

Work experience

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

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

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

 

HEALTH & SAFETY NEWS UPDATE – 6TH AUGUST 2015

IN THIS UPDATE

Introduction

CDM 2015 Principal Designer Role – FAQs

Powered Gates

Cutting Red Tape – The Government wants you to tell them which regulatory issues hamper your business

HSE and HMRC working together for you – growing your business

Introduction

It’s been four months now since The Construction (Design & Management) Regulations 2015 (CDM 2015) came into force, replacing CDM 2007. As virtually everyone involved in a construction project has legal duties under the regulations, it’s not surprising that the HSE has received many enquiries since the change, including those about the role of the principal designer (PD), and we open this week’s update with the HSE’s answers to some of these questions.

Following the deaths five years ago of two children after becoming trapped in powered gates, the HSE issued the following safety notices (click on the links):

http://www.hse.gov.uk/safetybulletins/electricgates.htm

http://www.hse.gov.uk/safetybulletins/electricgates2.htm

Whilst, thankfully, there have been no similar reports since then (as far as we are aware), a research report recently published by the HSE has highlighted several safety related inadequacies in the design of powered gates and so this week we’re looking at the responsibilities of those whose role it is to ensure that powered (automatic) doors and gates on their premises are safe.

Is your business hampered by regulations? Whilst we join the HSE in encouraging a “common sense” approach to health and safety, we’re certainly aware of constraints faced by our clients when trying to comply with regulations. RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013) is a common example. Of course we’re happy to help, where we can, in helping clients overcome these issues but we welcome the move by the Department of Business, Innovation and Skills (BIS) in launching a new twitter account to encourage business, and in particular, small business, to highlight issues they have.

Additional issues/concerns are faced by small businesses as they start to grow or take on more employees, and HMRC and the Health and Safety Executive are working together to deliver a live webinar about the typical situations likely to be faced. You can find out more about/register for this at the close of this update.

Our next update will be published at the end of this month, after which we’ll keep you updated on a weekly basis. But if you have any queries in the meantime, please don’t hesitate to contact us on 07896 016380, at Fiona@eljay.co.uk or via our website. Alternatively, check out the HSE website (http://www.hse.gov.uk/) where you’ll be able to find the answers to many frequently asked questions.

CDM 2015 Principal Designer Role – FAQs

The Health & Safety Executive (HSE) has received many enquires on The Construction (Design & Management) Regulations 2015 (CDM 2015) and they will be updating their web pages (http://www.hse.gov.uk/construction/cdm/2015/index.htm) with further information in due course.

In the meantime, here are a couple of answers to some frequently asked questions about the role of the principal designer (PD).

Who can carry out the role of the principal designer (PD)? 

The PD must be a designer – an architect, consulting engineer or quantity surveyor, or anyone who specifies and alters designs as part of their work.  They can also be clients, contractors and trades people if they carry out design work or arrange for or instruct persons under their control to do so.

They must have the right mix of skills, knowledge and experience (SKE) or organisational capability to carry out all the functions and responsibilities assigned to them in Regulations 11 and 12 and have control over the pre-construction phase.

Commonly, the PD is likely to be:

For larger projects – a design practice or a technical department of a principal contractor e.g. a principal contractor doing design and build;

For smaller projects – a self-employed architect/technician, small design practice, a project management company, a client’s internal estates management team, or even a specialist tradesperson such as an electrician where they lead on the design function;

So long as they meet the criteria of;

– being a designer;

– having the relevant SKE or organisational capability, and;

– being in control of the pre-construction phase.

Does CDM 2015 require the principal designer to be a member of the project design team? 

No.  The PD must be appointed by the client as soon as it is established that more than one contractor is or is likely to be working on the project to plan, manage, monitor and control the design stages.

If the client gets it right and appoints the PD early at the concept stage, then the appointment should commonly take place before the project design team has been fully identified or assembled.

The PD may provide their own design team, appoint a team or manage and control any team appointed by others.

Whatever the model, which provides maximum flexibility for the client, – the PD must be able to prove to the client that they have the SKE or organisational capability to fulfil all the functions – proportionate to the nature, size, complexity and risk profile of the project.  Once in place, the PD should be in control of the design team so that they, and the design team, can carry out their roles effectively.

Can a client carry out the role of the principal designer? 

Yes. If a client fails to, or decides not to appoint a PD the law provides that the PD role is automatically assigned to the client.

Many clients will choose to take on the PD role themselves but irrespective of whether by choice or otherwise, the client must have the SKE or organisational capability to fulfil all the PD functions and responsibilities effectively.

Powered Gates

In the light of recently published HSE research report RR1056 – ‘Critical analysis of safety related design of powered gates’ – which highlights several safety-related inadequacies and suggests alternative safety measures, those whose role it is to ensure that powered (automatic) doors and gates on their premises are safe, may be seeking clarification of their responsibilities.

The HSE web page ‘Powered gates’ (http://www.hse.gov.uk/work-equipment-machinery/powered-gates/introduction.htm) provides information and guidance (including the following – click on the links for more info) for safety on the design, construction, supply, and use, inspection, examination and maintenance of powered gates:

Basics on risks, safety and the law (http://www.hse.gov.uk/work-equipment-machinery/powered-gates/basics.htm)

Risks from powered gates

Powered gates can give rise to a number of significant hazards, including those from being:

– hit by the moving gate

– crushed against fixed and / or other moving parts

– trapped between fixed, moving and other parts

– caught on moving parts, eg gears

– electrocuted, as most are powered by electric motors, or controlled electrically

– affected by hydraulic or pneumatic parts, where these are present

Responsibilities of designers, manufacturers, installers, owners, repairers, etc (http://www.hse.gov.uk/work-equipment-machinery/powered-gates/responsibilities.htm)

Owners, occupiers and users

While the responsibility for safe design / construction and installation may rest with others, the owner / user should ensure that the installed product is safe, and kept safe. In particular they should study the User Instructions that must come with the product, assessing what servicing and inspection / safety checks may be necessary.

More on Safety by design/construction, when in use, or following maintenance (http://www.hse.gov.uk/work-equipment-machinery/powered-gates/safety.htm)

Maintaining for safety

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

Powered Gate FAQs (http://www.hse.gov.uk/work-equipment-machinery/faq-powered-gates.htm)

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

What if I think a gate is unsafe?

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

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

I install doors and gates, what must I do?

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

What are the main safety requirements for these machines?

What does the law say?

Where can I get more information?

Our comment

We check the operation of powered gates when carrying out health & safety inspections of commercial and residential property. Optical/stop sensors should operate satisfactorily, and confirmation should be provided that the gates have been risk assessed and are maintained by a suitably qualified contractor in order to meet current legislative requirements.

Cutting Red Tape – The Government wants you to tell them which regulatory issues hamper your business

The Department of Business, Innovation and Skills (BIS) have launched a new twitter account to encourage business, and in particular, small business, to highlight issues they have with regulation. BIS are keen to promote this account to help engage and better understand the regulatory concerns of business, and to hear it direct from them.

You can get involved by:

– Following @CutRedTapeUK for discussion on Twitter

– Remembering to use the hashtag #cutredtape in your tweets

– Share information on how small business can grow through your social media channels, tweet using #cutredtape

– Do you have a newsletter, online group or forum? Encourage discussion about regulatory issues and share feedback.

Our comment

We’re on Twitter too! We’re following @CutRedTapeUK, and you can follow us at @Eljay_Risk_Mgmt to stay up to date with health & safety news and our range of support and training services.

HSE and HMRC working together for you – growing your business

If your business is growing and you have questions on health and safety and taking on new employees, you can find answers in a live webinar delivered by HSE and HMRC.

Webinar overview

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

Webinar dates (click on the links to register)

12 August 2015, 10am – https://attendee.gotowebinar.com/register/4319267968957115650

16 September 2015, 10am – https://attendee.gotowebinar.com/register/6473058415654087938

13 October 2015, 10am – https://attendee.gotowebinar.com/register/30011536368234241

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

Our comment

Of course we’re always available to answer any questions you may have about health and safety. Contact us on 07896 016380, at Fiona@eljay.co.uk or via our website.

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.

HEALTH & SAFETY NEWS UPDATE – 23RD JULY 2015

IN THIS UPDATE:

Introduction

New & Changed Legislation & Regulations

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

New & Revised Guidance

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

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

Introduction

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

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

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

New & Changed Legislation & Regulations

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Drugs and driving: the law

It’s illegal to drive if either:

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

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

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

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

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

Prescription medicines

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

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

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

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

You can drive after taking these drugs if:

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

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

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

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

Simpler explosives and acetylene regulations

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

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

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

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

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

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

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

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

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

Storing petrol safely

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

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

What is the law on storing petrol safely?

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

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

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

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

Who does this apply to?

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

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

What does this legislation replace?

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

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

New & Revised Guidance

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

Guidance Documents

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

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

Web Pages

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

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

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

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

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

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

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

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