PHSC Health and Safety News

Issue: October 2008

New and changing legislation

First-aid

The latest thinking on revisions to the Health and Safety (First-aid) Regulations 1981 could see changes next year in the way training is regulated. After a consultation period, HSE is minded to reduce the current four-day qualification course to three days as resuscitation protocols have been simplified over the years.

The two-day requalification course would continue as at present, but a new one-day course called Emergency First-aid is planned to come within the regulatory framework. This would mean that only accredited training providers would be allowed to offer the course, which would replace the Appointed Persons course commonly offered on a non-statutory basis.

Corporate Manslaughter

The Corporate Manslaughter and Corporate Homicide Act 2007 has been flagged up in previous editions of PHSC News, and took effect on 6 April. Any client who is concerned about the possible implications to their organisation should seek advice from their usual PHSC contact.

Merger of HSC and HSE

Following the transition of the Legislative Reform (Health and Safety Executive) Order 2008 through Parliament, the Health and Safety Commission and the Health and Safety Executive have merged under the HSE name. Former HSC commissioners have become non-executive directors of HSE. Directors will continue to be appointed by the secretary of state for work and pensions. The reason for the merger was that it would improve accountability and transparency.

Enforcement action

Tesco fined for not helping disabled customer

District Judge Viv Reeves, sitting at Mold County Court, has ordered supermarket giant Tesco to compensate a disabled motorist after they refused to check her tyre pressure at their petrol station for “health and safety reasons”. Jenny Crowly, who suffers from a condition that causes muscle pain, asked staff to help her check tyre pressure but they declined.

A memo had allegedly been sent to all store garages saying that staff couldn’t put air in customers’ tyres because a fatality may result if a motorist was allowed to leave with tyres inflated to the wrong pressure. Although the policy was to assist by putting fuel into a disabled customer’s car, staff thought they would not be covered by insurance if dealing with tyres. However, the court ruled that Tesco had acted in a discriminatory manner and awarded £1,000 compensation to Ms Crowly.

Colleges warned after lecturer injured by nitric acid

The City of Bristol College incurred fines and costs totalling £32,000 in Bristol Magistrates Court after a lecturer was seriously injured in a chemical explosion. Gary Baird, who lectured on welding,needed skin grafts after a one-litre container of nitric acid blew up when he retrieved it from storage. The court heard that he had not been trained on the safe use and storage of substances, contrary to requirements of the Control of Substances Hazardous to Health Regulations 2002.

A spokesman for the University and College Union (UCU) said “Gary Baird was badly injured because of sloppy management and the lack of proper concern by his employers. If this can happen in one college it may happen in others, putting staff and students at risk, unless colleges and universities thoroughly examine their procedures and safeguards and take action”.

Bus company fined after worker crushed

First Capital East, a division of First Group, was fined £120,000 at Croydon Crown Court after one of their engineers was run over by a bus at Havering depot while changing a headlamp. In addition to the fine under s.2(1) of the Health and Safety at Work etc. Act 1974, the company was also told to pay HSE’s costs of £95,000.

The judge said that lack of supervision and an unsafe system of work were the cause. The work was being carried out in the wrong place when a cleaning contractor got into the bus and moved it forwards, killing Brian Norman. There was little or no supervision at the time, and the system of making people aware of buses that were being worked on had fallen into disuse.

Employer liable for work-related suicide of ex-employee

The Law Lords have backed a Court of Appeal decision to award compensation to the widow of a man who killed himself after an accident at work. The case is unusual as Thomas Corr, an ex-employee of IBC Vehicles, jumped to his death from a multi-storey car park six years after his workplace accident. His suicide was caused by depression and headaches brought about as a result of the accident.

Industry news

Fire extinguishers still an essential requirement

Publicity has been given to a decision by Dorset Fire and Rescue Service to support a landlord’s intention to remove fire extinguishers on safety grounds. However, this does not mean that employers should consider doing away with such equipment. The circumstances were that the managing agents at Avon House in Bournemouth had taken the view that occupiers of residential apartments could put themselves at risk. If they went to a common area to collect an extinguisher, and then re-entered their flat to try and fight a blaze, they would be moving away from the exit route.

That philosophy is not in conflict with standard advice, ie people should not have to travel into a danger area to tackle a fire. Other fire safety professionals have queried the decision, pointing out that there is now no means to fight a fire in a stairway. Senior officers have pointed to a recent survey showing that in 80% of fire incidents, use of an extinguisher avoided a need for fire brigade intervention. The Bournemouth case is complicated by the fact that the managing agent only has a duty in respect of common areas, but residents can pick and choose whether to install firefighting equipment indoors.

Check the rules for your company car drivers

The road safety charity, Brake, has said that their survey of nearly 5000 company drivers reveals that more than one-in-ten admit to breaking mobile phone legislation every week. In addition to the risk of accidents, a prosecution will lead to a fine and endorsement of the driver’s licence. If a fatality should occur as a result of a collision, the new legislation on corporate manslaughter can be used to punish the employer. If it can be shown that an organisation has inadequate safeguards to stop hand-held mobiles being used, huge financial penalties can be levied.

Reality TV may encourage workplace bullying

Professor Cary Cooper of Lancaster University has warned that TV shows such as “The Apprentice” may lead to an increase in bullying at work. He said that the show gives an impression that contestants have to stab each other in the back in order to succeed. Over-burdened managers may give staff unreasonable deadlines and then become critical when tasks are not achieved. Staff themselves may try to hide their failings for fear of an aggressive response, resulting in a risk of workrelated stress. Cooper’s report also showed that people working in catering and in engineering were most likely to feel a lack of support at work.

And finally

We all have our cross to bear...

In the Philippines, penitents were given warnings by Health Secretary Francisco Duque in the run-up to their Easter celebrations. The tradition is for dozens of men to stage a re-enactment of the crucifixion by being nailed onto wooden crosses while onlookers whip their own backs with twigs until the flesh bleeds. These rituals are to atone for sins in the past year.

However, in the best tradition of risk assessment, the government saw fit to warn of the risks associated with dirty whips and rusty nails. The health department cautioned penitents to only use wellmaintained whips, and to see that the six-inch nails used in crucifixions are sterilized in boiling water or by a flame, and goes on the advise that nails should be allowed to cool down before use.

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