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PHSC Health and Safety NewsNew and changing legislation Reducing red tape
The Health and Safety Information for Employees Regulations 1989 require employers to give contact details for the local enforcing authority and Employment Medical Advisory Service to employees via an approved poster or leaflet. This regulation is to be amended to allow HSE to approve and publish new posters and leaflets which do not need the additional information. All the changes described are set to take effect on 6 April 2009, once formal approval has been given.. New and changing publications Updated guidance on roof work
Copies can be obtained from HSE Books (tel: 01787 881165) and other booksellers at a cost of £12.95.. Industry news Emissions from compact fluorescent lights
Scientists found that the UV exposure at very close distance was similar to that experienced outdoors in summer weather, so some precautionary measures are appropriate. As interim advice, HPA suggests that people should not undertake prolonged work in close proximity of open envelope bulbs. The recommendation is not to be closer than 30cm to these lamps where total exposure is more than an hour a day. These open type bulbs are fine for extended periods of use at distances exceeding 30cm. No other type of bulb is affected by the precautionary advice, and there are no concerns about strip lighting or other forms of office illumination. Fatality during lifting task Robin Moore, a 54-year-old worker at MTU UK’s factory at East Grinstead, West Sussex, died last month during what is believed to be a lifting operation that went wrong. Sussex Major Crime Branch and the Health and Safety Executive are conducting a joint investigation. The company provides and maintains propulsion and drive systems for various types of transport, and it is suggested that the fatality occurred whilst a train engine was being mechanically lifted. Warning about unqualified lift truck drivers After a court case concerning an unqualified driver who reversed into his supervisor, casing a major injury, the Health and Safety Executive has warned of the danger of using untrained staff to operate machinery. Line Mark (UK) Ltd of Rossendale, Lancashire, admitted the offence at Rossendale Magistrates Court and paid £8,700 in fines and costs. The accident happened last July when materials were being moved in a warehouse that stored grass-marking products for sports pitches. Health and Safety Executive Inspector Chris Smith reminded employers that they must: “Ensure that forklifts are only used by fully trained and qualified operatives.” On average, forklift trucks are involved in 24 per cent of all workplace transport accidents. These are often due to poor supervision and a lack of training. Worrying level of compliance with asbestos duties A recent blitz by a combined force of HSE inspectors and local authority inspectors has uncovered a disturbing number of organisations who are breaking the law. A total of 222 visits took place over a nine-day period in what was termed an intensive inspection campaign. This resulted in 57 enforcement notices being issued, that is approximately one notice per four visits, to address non-complaince with the Control of Asbestos Regulations 2006. The extent of the contraventions has left HSE somewhat bemused, as each workplace visited had been sent a letter and some information in advance to announce the campaign. Problems found include failure to identify the presence of asbestos, no plans for the management of asbestos, and potential exposure to asbestos fibres. HSE set priorities for next twelve months Topics to come under particular scrutiny from the enforcement authorities in the next financial year have been announced. Some of these are organisational matters and some are related to particular hazards or industries. Attention is to be given to how effective safety leadership is at director level, the extent of worker involvement, and the competency of internal and external sources of advice that management rely upon. Hazards found worthy of extra resource include musculoskeletal disorders, asbestos, occupational asthma, noise and vibration loading and unloading of vehicles especially where work at height is involved, and slips, trips and falls. Those in the following sectors can expect greater involvement both in terms of investigation and inspection: motor vehicle repair and especially tyre fitting, waste collection and management, and the entertainment industry. In the courts Landlord jailed for fire safety breach
Charges included failure to carry out a risk assessment. Commenting on the case, the chairman of the London Fire and Emergency Planning Authority emphasised that irresponsible businesses and individuals will be brought to justice. Separately, figures show that the London Fire Brigade alone have issued over 1700 enforcement notices since the current legislation took effect. Deficiencies typically involved absence of risk assessments, blocked escape routes, inadequate emergency procedures, missing records, and failing to train employees. Care home punished for resident’s untimely death A care assistant at Ivy House Care Home in Birmingham was expected to single-handedly move an 83-year-old resident from a commode to a bed, using a hoist. Birmingham Crown Court heard in February that the wrong type of hoist had been used, the room was too small to use the equipment, and safe working procedures had designated this task a two-person operation. The employer, Four Seasons Homes, had not trained the care assistant to carry out the work safely. This resulted in the resident being left unattended, falling to the floor, and sustaining injuries that led to her death. Court of Appeal says employer must prove risks were recognised and controlled A nurse was injured when the wheels jammed on a hoist she was using to transport a disabled resident into a bath. Her employer, Central Manchester and Manchester Children’s University Hospitals NHS Trust, admitted not having carried out a risk assessment under the Manual Handling Operations Regulations 1992. When the employee tried to claim compensation at Salford County Court, the judge dismissed her claim on the grounds that the absence of a risk assessment had not caused the injury. However, the Court of Appeal took the view that the duty to assess risk and the duty to control risk where two different matters, meaning there was a duty to control risk even if an assessment had not taken place. Thus it was incumbent on the employer to show that all reasonably practicable steps had been taken. The employer was deemed to be primarily liable for the injury, but the employee in this case did not take sufficient care so damages were reduced by 50%. Heavy fine follows injury caused by heavy load Westways Vending Limited were ordered to pay £12,656 by Maidstone Magistrates after a prosecution for failing to safeguard people not in their employment, under s3 of the Health and Safety at Work Act 1974. The company had also failed to carry out training, and had not made a suitable and sufficient risk assessment. The court heard that the company sent one man to deliver a 140 kg vending machine to W H Smiths. Given that it was impossible for a single person to take the equipment up a flight of stairs, the driver asked one of WH Smith’s staff to help, but then dropped the machine on the employee’s leg during the manoeuvre. Magistrates were told that a risk assessment should have identified a need for a trolley to handle such a weight, and that another Westways employee would have been required to assist with delivery. Two companies penalised after elderly resident injured An 81-year-old woman fell through a hatch in her hallway, left open by a contractor who was installing an oil-fired central heating system as part of the Scottish Government Central Heating Programme. British Gas Services were managing the programme. The hatch was left open while work was going on elsewhere in the property, but the woman walked into the hallway to go to her front door and fell down. A Health and Safety Executive spokesman said that this was the fourth accident involving elderly women falling down hatches or holes left exposed and unprotected where a contractor carried out plumbing, heating or gas replacement work in their properties. British Gas was fined £2,000 at Perth Sheriff Court, and ordered to pay compensation of £2,700. Adrian Newth, trading as Perthshire Oil Heating, was ordered to pay £300 in compensation. Both admitted charges under section 3(1) of the Health and Safety at Work Act. PHSC Group news Spring into Summer with our next NEBOSH course!
The training is held over two weeks, with a one-week gap in the middle. Dates are: Week 1 – 8-12 June 2009, week 2 – 22-26 June 2009. Examinations will be held on 30 June and 1 July 2009. fees are £1,495.00 plus VAT to include ALL course materials, examination fees, lunches and refreshments. For more information visit www.envexconsultants.co.uk or call Cathi Foale on 0118 977 3030. Farewell to Tony Tony Male has retired from Personnel Health and Safety Consultants Ltd after more than 14 years of loyal service. Originally recruited to fulfil a three-month contract after being made redundant by Redland Bricks in 1994, expansion of PHSC’s workload meant that Tony was taken on permanently. Everyone at PHSC wishes Tony a long and happy retirement. However, despite officially hanging up his safety helmet, Tony remains available to carry out ad-hoc assignments so we may not have seen the last of him! Staff profile Abbi Watts And finally Extra hot curry for fire crew
The blaze was eventually extinguished with the assistance of ten fire trucks from neighbouring stations. A spokesman profusely apologised for the embarrassing mishap, and explained that the men would in future bring their own food or order take-aways. | top of page | If you would like to find out more about how PHSC can help, contact us now on 01622 717700!
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As mentioned in the last edition of this newsletter, there are plans to remove several form filling requirements that currently apply to most businesses. One relates to premises notification, where employers have a duty to fill out a form to notify the enforcement authority of any factory, office orshop premises etc where employees work. Another concerns the general register that factory employers are meant to keep. 
The Health Protection Agency (HPA) has warned that its research has identified cases where ultraviolet (UV) emissions from compact fluorescent bulbs could result in exposure above guideline levels. The potential problem only relates to certain of the energy-saving compact lamps that are not encapsulated.
In what is thought to be the first custodial sentence under the Regulatory Reform (Fire Safety) Order 2005, a landlord who failed to take reasonable safety precautions was sent to prison for four months and his company was fined £21,000. The prosecution at Wood Green Crown Court related to a fire in Tottenham, following which a man died of his injuries. 
Our next National General Certificate course
will be held at Envex’s premises at Winnersh,
near Wokingham in Berkshire. 
It was a busy night for Nagoya City Fire Department. All those on shift were attending calls, leaving one worker behind to cook the evening meal, when another emergency call came in. Dinner was no longer the priority, so the fireman raced away to fulfil his public duty. Unfortunately, in his haste he failed to turn the stove off, and the fire station caught light. Personnel Health & Safety Consultants Ltd is a wholly owned subsidiary of PHSC plc
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