IN THIS UPDATE
Introduction
Self-employed – do I have duties?
Business case studies
Safety Alert – ‘Norfolk Range’ large wheeled dry powder fire extinguishers manufactured before 2009 by UK Fire International Ltd
Links to guidance on CDM 2015
Introduction
With the late summer bank holiday in striking distance, there’s no getting away from the fact that Autumn is on the horizon. And our typical British wet weather is not the only thing to have dampened our spirits over the summer months. Tragic incidents such as the Bosley Wood Flour Mill explosion and Shoreham Airshow crash have brought health and safety very much into the public eye. With investigations ongoing, the causes remain to be seen, but could possibly result in a criminal inquiry at the flour mill if evidence of negligence is found. According to an HSE press release (http://press.hse.gov.uk/2015/further-hse-enforcement-notices-issued-at-bosley-wood-flour-mill/), a Prohibition Notice has been served on the mill owners, “preventing work activities until the issues identified involving the processing and bagging of large amounts of paper dust in one of the sheds on site, have been resolved”. In their guidance document “Safe handling of combustible dusts – Precautions against explosions”(http://www.hse.gov.uk/pUbns/priced/hsg103.pdf), the HSE advises that dusts produced by many materials we use everyday are flammable, and, in the form of a cloud, can explode.
Are you self-employed? From 1 October 2015, if your work activity poses no potential risk to the health and safety of other workers or members of the public, then health and safety law will not apply to you. If you don’t know whether or not your work activity falls into this category, more information is provided below.
Do you want to know how other businesses manage health and safety? The latest suite of HSE business case studies below provides links to a variety of video and narrative case studies of businesses doing just that, effectively and proportionately, with the help of online HSE guidance.
Do your work activities involve manufacturing, warehousing or engineering? Then you may be familiar with large dry powder fire extinguishers, which are the subject of HSE’s latest safety alert.
Finally, and following on from our previous news updates on CDM 2015, we close this week with links to the following guidance:
- L153 – Managing health and safety in construction – CDM 2015: Guidance on Regulations
- INDG411 – Need building work done? A short guide for clients on CDM 2015 (rev)
- Construction Phase Plan for small projects (CDM 2015) – CIS80
- Industry guidance for dutyholders
- CITB CDM wizard app for construction phase plan
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
Self-employed – do I have duties?
In 2011, the Löfstedt Review link to external website recommended that those self-employed whose work activities pose no potential risk of harm to others should be exempt from health and safety law. This recommendation was accepted by Government.
So, from 1 October 2015, if you are self-employed and your work activity poses no potential risk to the health and safety of other workers or members of the public, then health and safety law will not apply to you.
HSE estimates that health and safety law will no longer apply to 1.7 million self-employed people like novelists, journalists, graphic designers, accountants, confectioners, financial advisors and online traders.
What the law says
The Health and Safety at Work etc Act 1974 (General Duties of Self-Employed Persons) (Prescribed Undertakings) Regulations 2015 (http://www.legislation.gov.uk/ukdsi/2015/9780111136980), says:
- if your work activity is specifically mentioned in the regulations above
- or if your work activity poses a risk to the health and safety of others, then the law applies to you
What is meant by ‘self-employed’?
For health and safety law purposes, ‘self-employed’ means that you do not work under a contract of employment (http://www.hse.gov.uk/enforce/enforcementguide/investigation/status-contract.htm) and work only for yourself.
If you’re self-employed and employ others the law will apply to you. You may be self-employed for tax purposes, but this may not be so for health and safety. This is a complex area and HMRC have produced employment status guidance (https://www.gov.uk/working-for-yourself/what-counts-as-self-employed).
What is a ‘risk to the health and safety of others’?
This is the likelihood of someone else being harmed or injured (eg members of the public, clients, contractors etc) as a consequence of your work activity.
Most self-employed people will know if their work poses a risk to the health and safety of others. You must consider the work you are doing and judge for yourself if it creates a risk or not.
For example if you operate a fairground ride for the public to use then your work could affect the health and safety of other people and you must take appropriate steps to protect them as the law will apply to you.
Find out more about ‘risk’
HSE guidance on risk management (http://www.hse.gov.uk/risk/index.htm) explains more about the risks your work activity may create and how best to manage these.
High risk activities
The law says that there are certain work activities where the law applies because they are high risk. If your work involves any of these activities, then the law will apply to you:
- Agriculture
- Construction
- Gas
- Railways
- Asbestos
- GMOs
For more information visit the self-employed workers guidance topic page on the HSE website: http://www.hse.gov.uk/self-employed/index.htm or contact us on 07896 016380 or at Fiona@eljay.co.uk and we’ll be more than happy to help.
Business case studies
This is the latest suite of HSE business case studies, where businesses tell their stories of how they manage health and safety effectively and proportionately and how online HSE guidance helps them to do this.
Two of the case studies focus primarily on leadership, while the others describe examples of health and safety management in SMEs.
The video case studies were produced in collaboration with 3rd year Film Production and Media students from Edge Hill University in West Lancashire.
Video case studies
Bootle Containers Ltd
Bootle Containers is a medium sized manufacturing company with 55 employees, specialising in design and production of containers. This film describes the company’s health and safety management systems and why they think good health and safety is good for business.
Link to video: http://www.hse.gov.uk/business/casestudy/bootle-containers.htm
Lamont Cleaning and Support Services
Lamont is a small company of 15 employees, specialising in commercial and industrial window cleaning. This film shows how they work with their employees to manage health and safety.
Link to video: http://www.hse.gov.uk/business/casestudy/lamont-cleaning.htm
Laser Quest Stourbridge
Laser Quest Stourbridge is a hi tech gaming centre with 11 employees. This film describes how the owner manages the company’s health and safety.
Link to video: http://www.hse.gov.uk/business/casestudy/laser-quest.htm
Merseytravel
Merseytravel is the strategic transport authority for the Liverpool City Region, with 850 employees. This film tells how effective leadership and employee engagement improved health and safety performance.
Link to video: http://www.hse.gov.uk/business/casestudy/merseytravel.htm
Mount Anvil Ltd
Mount Anvil is a medium sized construction and development company based in London. In this film, senior leaders from the company describe how they manage health and safety and why it is so important to their business.
Link to video: http://www.hse.gov.uk/business/casestudy/mount-anvil.htm
Narrative case studies
Applied Industrial Systems Ltd.
Applied Industrial Systems Ltd (AIS) specialises in the creation and provision of software and control systems to a diverse client base across the transport, infrastructure and manufacturing sectors.
Link to case study: http://www.hse.gov.uk/business/casestudy/ais.htm
Connors Building & Restoration Services Ltd.
Connors Building & Restoration Services is an asset management company with 33 employees, specialising in building services, ground maintenance and inspection.
Link to case study: http://www.hse.gov.uk/business/casestudy/connors-building.htm
Loop Technology Ltd.
Loop Technology is a small, family run business with 21 employees, specialising in industrial automation.
Link to case study: http://www.hse.gov.uk/business/casestudy/loop.htm
Technicraft (Anglia) Ltd
Technicraft is a metal fabrication company with 25 employees. It provides services including laser cutting, punching, presswork and welding.
Link to case study: http://www.hse.gov.uk/business/casestudy/technicraft.htm
More narrative case studies for SMEs and larger businesses can be found by visiting the Business case studies page on the HSE website: http://www.hse.gov.uk/business/case-studies.htm?ebul=hsegen&cr=2/27-jul-15 or contact us for advice and guidance on 07896 016380 or at Fiona@eljay.co.uk, and we’ll be more than happy to help.
Safety Alert – ‘Norfolk Range’ large wheeled dry powder fire extinguishers manufactured before 2009 by UK Fire International Ltd
Issue Date
12 August 2015
Target Audience
All premises where large dry powder fire extinguishers are likely to be used for example: chemical industry, offshore industry, merchant shipping, nuclear industry, manufacturing, mining, warehousing, engineering, metals and minerals processing and production.
Key Issues
‘Norfolk Range’ large dry powder fire extinguishers, manufactured before 2009, may be affected by moisture ingress at a threaded joint at the base of the unit, rendering the unit inoperable. The problem may not be identified during routine service inspections.
- Users should identify if their extinguishers are likely to be affected. If yes and the extinguisher has been left exposed to adverse conditions since its last extended service, the condition of the elbow joint at the base of the unit should be examined by a competent service engineer.
- If you are unsure if your extinguishers are affected by this safety alert, consult Britannia Fire Ltd.
- Service engineers should closely examine, and if necessary, remove the elbow to confirm if there is evidence of water ingress to the discharge tube. If there is any doubt about moisture affecting the powder in the discharge tube, consider subjecting the extinguisher to an extended service including full replacement of the dry powder.
For more information click on the link: http://www.hse.gov.uk/safetybulletins/norfolk-large-wheeled-dry-powder-fire-extinguishers.htm or contact us on 07896 016380 or at Fiona@eljay.co.uk, and we’ll be more than happy to help.
Links to guidance on CDM 2015
L153 – Managing health and safety in construction – CDM 2015: Guidance on Regulations
http://www.hse.gov.uk/pubns/books/l153.htm?ebul=gd-cons/jul15&cr=2
INDG411 – Need building work done? A short guide for clients on CDM 2015 (rev)
http://www.hse.gov.uk/pubns/indg411.htm?ebul=gd-cons/jul15&cr=3
Construction Phase Plan for small projects (CDM 2015) – CIS80
http://www.hse.gov.uk/pubns/cis80.pdf?ebul=gd-cons/jul15&cr=4
Industry guidance for dutyholders
http://www.citb.co.uk/health-safety-and-other-topics/health-safety/construction-design-and-management-regulations/cdm-guidance-documents/
CITB CDM wizard app for construction phase plan
http://www.citb.co.uk/health-safety-and-other-topics/health-safety/construction-design-and-management-regulations/cdm-wizard-app/
Please note that the HSE are starting to remove the current CDM 2007 web pages and plan to remove them all by October 2015.
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.