Self-employed – Health & Safety News

COSHH advice sheets updated for woodworking industry

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’s suite of direct advice sheets specific to the woodworking industry has been updated, and can help employers, the self-employed and franchisees comply with COSHH regulations.

The new sheets set out what to do to reduce exposure to substances such as wood dust to an adequate level, and protect workers health.

Direct advice sheets for the woodworking industry

This information will help employers, the self employed and franchisees to comply with the Control of Substances Hazardous to Health Regulations 2002 (COSHH), as amended, to control exposure to wood dusts, etc, and protect workers health.

WD0: Advice for managers: http://www.hse.gov.uk/coshh/essentials/direct-advice/woodworking.htm#advice-managers

WD1: Bandsaws: http://www.hse.gov.uk/coshh/essentials/direct-advice/woodworking.htm#bandsaws

WD2: Circular bench saws: http://www.hse.gov.uk/coshh/essentials/direct-advice/woodworking.htm#circular-bench-saws

WD3: Cross-cut saws: http://www.hse.gov.uk/coshh/essentials/direct-advice/woodworking.htm#cross-cut-saws

WD4: Vertical spindle moulders: http://www.hse.gov.uk/coshh/essentials/direct-advice/woodworking.htm#vertical-spindle-moulders

WD5: Overhead and CNC routers: http://www.hse.gov.uk/coshh/essentials/direct-advice/woodworking.htm#overhead-CNC-routers

WD7: Hand-held sanding machines: http://www.hse.gov.uk/coshh/essentials/direct-advice/woodworking.htm#hand-held-sanding-machines

WD10: Wall saw: http://www.hse.gov.uk/coshh/essentials/direct-advice/woodworking.htm#wall-saw

WD11: Surface planer: http://www.hse.gov.uk/coshh/essentials/direct-advice/woodworking.htm#surface-planer

WD12: Fixed sanding machines (narrow belt): http://www.hse.gov.uk/coshh/essentials/direct-advice/woodworking.htm#fixed-sanding-machines-narrow-belt

WD13: Fixed sanding machines (disc): http://www.hse.gov.uk/coshh/essentials/direct-advice/woodworking.htm#fixed-sanding-machines-disc

WD14: Fixed sanding machines (drum/bobbin): http://www.hse.gov.uk/coshh/essentials/direct-advice/woodworking.htm#fixed-sanding-machines-drum-bobbin

WD15: Chop saw: http://www.hse.gov.uk/coshh/essentials/direct-advice/woodworking.htm#chop-saw

WD17: Suction hose attachment for cleaning: http://www.hse.gov.uk/coshh/essentials/direct-advice/woodworking.htm#suction-hose-attachment-for-cleaning

For more advice on managing woodworking safely visit: http://www.hse.gov.uk/woodworking/index.htm#utm_source=govdelivery&utm_medium=email&utm_campaign=digest-10-apr-19&utm_term=woodworking&utm_content=coshh-advice-sheets

For more advice of control of substances hazardous to health visit: http://www.hse.gov.uk/coshh/

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

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

Personal buoyancy equipment on inland and inshore waters – water authority fined after death of employee

A water authority has been sentenced following the death of an employee.

The employee, who was a catchment operator, was working on the sand filtration unit of a waste water treatment works in 2013 when a colleague discovered him face down in water. He died at the scene having drowned.

The employee was last seen working on the top of the unit several hours before he was found by his colleague who was responding to the lone worker system. An investigation by the Health and Safety Executive (HSE) found the company failed to identify the risk of drowning with the maintenance activity which was undertaken by the employee and his colleagues on a regular basis.

The water authority pleaded guilty to breaching Section 2 (1) of the Health and Safety at Work Act 1974, was fined £1.8million and ordered to pay costs of £41,607.71.

Speaking after the hearing an HSE inspector said: “This tragic case could have been prevented if the company had reduced the size of the hatch used to access the sand filters, and properly considered the hazards of the operation, including how close [the employee] was to the water.

“[The employee] was exposed to the risk of drowning which could have been easily been controlled if the task had been properly planned and simple measures adopted earlier which [the water authority] failed to do so adequately.”

Personal buoyancy equipment on inland and inshore waters

This information sheet (download free by clicking on the link http://www.hse.gov.uk/pubns/ais1.pdf) aims to improve safety for activities on inland or inshore waters.

It is specifically for establishments that are covered by the Health and Safety at Work etc Act 1974 (HSW Act) and where HSE is the enforcing authority. These include fish farms, floating cage units, mussel rafts, farm or estate fisheries and similar activities.

The objective of this sheet is to reduce the number of accidental drownings to employees, employers, the self-employed and members of the public (including children).

It also covers:

selecting personal buoyancy equipment;
using and maintaining personal buoyancy equipment; and
operating automatic inflation mechanisms.

For more information visit the HSE web page http://www.hse.gov.uk/pubns/ais1.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

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

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 – 27TH AUGUST 2015

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

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.