REGISTER BELOW-LEFT TO RECEIVE OUR UPDATES BY EMAIL
IN THIS UPDATE
A couple of months ago, we shared HSE guidance on Legionella and Legionnaires’ disease, after an international engineering firm, which refurbishes turbine blades, was fined a total of £110,000 plus £77,252 costs for failing to manage the risk to public and employees of exposure to the potentially fatal bacteria. Since then, Reading Borough Council (RBC) has been fined £100,000 plus £20,000 costs following an investigation into the death of a pensioner who died from exposure to Legionella at a care home. We open this week’s update with more information and a link to the HSE guidance.
We’re also sharing guidance this week to help those in the entertainment industry understand what they need to do to comply with the Construction (Design and Management) Regulations 2015 (CDM 2015). The UK events industry is worth £39.1 billion, with the biggest contributing segments in 2014 being conferences, meetings, exhibitions and trade fairs, taking place at approximately 10,000 venues, with an attendance of 85 million. Typical construction projects undertaken during events/productions include building outside broadcasts at sports events, building TV sets in studios, and touring theatre set builds.
And finally, we close this week’s update with details of an IOSH Managing Safely Refresher one-day course we’re running this March in Stoke-on-Trent. Delegates will get to refresh their knowledge on the key parts of the full Managing Safely course, plus there’s a much greater emphasis on monitoring, auditing and reviewing.
We hope you find our news updates useful. If you know of anyone who may benefit from reading them, please encourage them to register at the bottom-left of our news page (http://www.eljay.co.uk/news/) and we’ll email them a link each time an update is published. If in the unlikely event any difficulties are experienced whilst registering we’ll be more than happy to help and can be contacted on 07896 016380 or at Fiona@eljay.co.uk
A couple of months ago, we shared HSE guidance on Legionella and Legionnaires’ disease, after an international engineering firm, which refurbishes turbine blades, was fined a total of £110,000 plus £77,252 costs for failing to manage the risk to public and employees of exposure to the potentially fatal bacteria. (Click on the link to read the press release and guidance: http://www.eljay.co.uk/news/health-safety-news-update-3rd-december-2015/)
Since then, Reading Borough Council (RBC) has been fined following an investigation into the death of a pensioner who died from exposure to legionella.
During the Health and Safety Executive (HSE) prosecution, Reading Magistrates’ Court heard how the 95-year-old vulnerable gentleman arrived at the RBC operated care facility in September 2012.
He had previously been in hospital having suffered a broken leg and was attending the care home to receive intermediate care before returning to his own home.
However, during his stay he began feeling unwell, complaining of aches and pains including tightness of the chest, shortness of breath and difficulty in breathing. He was also suffering from nausea.
When he was re-admitted to hospital a sample proved positive for the presence of Legionella. He underwent treatment for Legionnaire’s disease, but died on 1 November 2012 from pneumonia related to legionella.
The prosecution said the control and management arrangements needed to ensure the risk from legionella is minimised, need to be robust. The court was told, prior to November 2012, RBC’s arrangements were not robust enough in a number of areas.
The Legionella training for the key personnel at the care home was significantly below the standard required. There were inadequate temperature checks and some of those done with respect to Thermostatic Mixer Valves (TMVs) were done incorrectly.
Showers were not descaled and disinfected quarterly as required; flushing of little used outlets was reliant on one member of staff and there was no procedure for this to be done in the absence of that member of staff.
HSE said the failings were systemic and continued over a period of time and there was a history of legionella problems at the home. The monitoring, checking and flushing tasks were given to the home’s handyman who was inadequately trained and supervised. There was no system in place to cover for him when he was away so that the requisite checks were not done.
Reading Borough Council, Civic Offices, Bridge Street, Reading admitted breaching Section 3(1) of Health and Safety at Work etc. Act 1974 and was fined £100,000 with £20,000 costs in Reading Crown Court.
After the hearing, HSE inspector Kelly Nichols said: “Reading Borough Council could and should have controlled the risk of exposure to legionella to the elderly and infirm as well as those receiving immediate care prior to returning home.
“RBC’s failings were systemic and continued over a period of time. There was a history of legionella problems at the home. The control and management arrangements were not robust and the legionella training of key personnel fell significantly below the required standard.
“The risks from legionella in nursing and care homes and the required control measures to manage those risks have been known and publicised in HSE publications since May 2000. It is really disappointing to find a local authority not managing those risks. It is important for all care providers to ensure they are managing the risks from hot and cold water systems with respect to both legionella and scalding risks especially due to likely exposure of more vulnerable people.”
For HSE guidance on controlling the risks from exposure to Legionella in man made water systems, click on the link: http://www.hse.gov.uk/legionnaires/. The information will help employers and those with responsibility for the control of premises, including landlords, understand what their duties are and how to comply with health and safety law. It applies to premises controlled in connection with a trade, business or other undertaking where water is stored or used, and where there is a means of creating and transmitting breathable water droplets (aerosols), thus causing a reasonably foreseeable risk of exposure to legionella bacteria.
We carry out Legionella risk assessments of commercial and residential premises. For more information and/or a no-obligation quotation, contact us on 07896 016380 or at Fiona@eljay.co.uk.
The UK events industry is worth £39.1 billion, with the biggest contributing segments in 2014 being conferences, meetings, exhibitions and trade fairs, taking place at approximately 10,000 venues, with an attendance of 85 million. Typical construction projects undertaken during events/productions include building outside broadcasts at sports events, building TV sets in studios, and touring theatre set builds.
We’re sharing guidance this week to help those in the entertainment industry understand what they need to do to comply with the Construction (Design and Management) Regulations 2015 (CDM 2015).
What you should know
CDM 2015 is not about creating unnecessary bureaucracy. It is about securing the health, safety and welfare of those carrying out construction work and protecting others who the work may affect, from harm. With this principle in mind, this guidance illustrates how CDM roles and duties can be applied to existing common management arrangements and processes in the four main industry sub-sectors (click on the links for more information):
- TV/film and broadcasting: http://www.hse.gov.uk/entertainment/cdm-2015/cdm-role-allocation/tv-film-broadcasting.htm
- Theatre and performing arts: http://www.hse.gov.uk/entertainment/cdm-2015/cdm-role-allocation/theatre-performing-arts.htm
- Live events (festivals, music, sport, cultural events): http://www.hse.gov.uk/entertainment/cdm-2015/cdm-role-allocation/live-events.htm
- Exhibitions/trade fairs and conferences: http://www.hse.gov.uk/entertainment/cdm-2015/cdm-role-allocation/exhibitions-trade-fairs.htm
This will also help others in the industry, with different management arrangements, to determine what they need to do to comply with CDM.
Worked examples for typical construction projects in the event/production industry have been included, to show what proportionate compliance with CDM 2015 might look like in practise. Click on the link: http://www.hse.gov.uk/entertainment/cdm-2015/worked-examples.htm
This guidance should be read in conjunction with HSE’s L153: Managing health and safety in construction (http://www.hse.gov.uk/pubns/books/l153.htm)
The Construction (Design and Management) Regulations 2015 [CDM]
The Construction (Design and Management) Regulations 2015 (CDM 2015) apply to all construction projects, including those undertaken in the entertainment industry. A project includes all the planning, design and management tasks associated with construction work. For example, the building, fitting out and taking down of temporary structures for TV, film and theatre productions and live events.
CDM 2015 makes the general duties of the Health and Safety at Work etc Act 1974 more specific. They complement the general Management of Health and Safety at Work Regulations 1999 and integrate health and safety into the management of construction projects.
The aim is for construction health and safety considerations to be treated as a normal part of an event/production’s management and development, not an afterthought or bolt-on extra. In concert with wider measures taken to ensure a safer event/production, the objective of CDM 2015 is to reduce the risk of harm to those that have to build, fit out, use, maintain and take down structures.
The key principles of CDM 2015 will be familiar to those already managing risks effectively as part of an event/production. The key principles are:
- eliminate or control risks so far as reasonably practicable;
- (This means balancing the level of risk against the measures needed to control the real risk in terms of money, time or trouble. However, you do not need to take action if it would be grossly disproportionate to the level of risk)
- ensure work is effectively planned;
- appointing the right people and organisations at the right time;
- making sure everyone has the information, instruction, training and supervision they need to carry out their jobs safely and without damaging health;
- have systems in place to help parties cooperate and communicate with each other and coordinate their work; and
- consult workers with a view to securing effective health, safety and welfare measures.
Any actions you take to comply with CDM 2015 should always be proportionate to the risks involved.
Find out more (click on the links)
- CDM roles and duties (in the context of the Entertainment Industry): http://www.hse.gov.uk/entertainment/cdm-2015/roles-and-duties.htm
- Assigning CDM roles and duties to existing common management arrangements in the entertainment industry: http://www.hse.gov.uk/entertainment/cdm-2015/cdm-role-allocation/index.htm
- Planning, managing and coordinating construction work before and during the build and the breakdown of a show: http://www.hse.gov.uk/entertainment/cdm-2015/roles-and-duties.htm#planning
- Pre-construction information: http://www.hse.gov.uk/entertainment/cdm-2015/roles-and-duties.htm#pre-construction-information
- Health and safety file and Construction Phase Plan (Entertainment Industry): http://www.hse.gov.uk/entertainment/cdm-2015/cdm-administration.htm
For more information, visit the HSE web page http://www.hse.gov.uk/entertainment/cdm-2015/ or contact us on 07896 016380 and we’ll be happy to help.
If you’ve taken the IOSH Managing Safely course within the last three years, you may be interested in the one-day Refresher course we’re running this March (Friday 11th) in Stoke-on-Trent (venue to be confirmed).
This is a practical and engaging one-day course that keeps employees’ Managing Safely training up to date. Not only will delegates get to refresh their knowledge on the key parts of the full Managing Safely course, there’s also a much greater emphasis on monitoring, auditing and reviewing, which is learned through two practical case studies.
Key aspects of the course
- Personal reflections
- Refreshing your knowledge
- Building on what you know
- Putting managing safely into practice
- Applying the management system
- Interactive quiz and discussions
- Completion of a practical exercise based on the operations of a real business
- Successful delegates are awarded an up-to-date IOSH Managing safely certificate
How the course delivery style suits you
- Memorable and thought provoking facts and case studies help drive the points home over the whole course
- Each module is backed by crystal clear examples and recognisable scenarios, and summaries reinforce the key learning points
- The course includes checklists and other materials for delegates to try out and then use when they get back to their own workplaces
- Little ‘down time’ – the programme can be delivered flexibly so that it suits your business
- Efficient and effective learning – health, safety and environmental basics are covered in a single programme
- Greater productivity as fewer hours are lost due to sickness and accidents
- Improved company-wide safety awareness culture and appreciation for safety measures
- Active staff involvement to improve the workplace
- Nationally recognised and respected certification for managers and supervisors
- Enhanced reputation within the supply chain
For delegates to be eligible to take the Refresher course, they must do so within three years of completing their Managing Safely course.
The course fee is £145 plus VAT, which includes lunch and certification.
For more information, or to book a place, please contact us on 07896 016380 or at Fiona@eljay.co.uk. We provide a wide range of training courses, and our brochure can be downloaded from the Training page on our website (http://www.eljay.co.uk/health-and-safety-training-and-courses.php)
Contains public sector information published by the Health and Safety Executive and licensed under the Open Government Licence