PHSC Health and Safety News

Issue: September 2009

New and changing legislation

Reminder of changes to First-aid training

As explained in earlier editions of PHSC News, there are changes to first-aid training that come into effect from 1 October 2009. The current fourday course leading to the First-Aid at Work qualification becomes a three-day programme but will still cover topics from essential life-saving techniques through to the treatment of minor injuries. Requalification continues to be necessary every three years, via a two-day course. The current non-regulated Appointed Person training becomes a regulated Emergency First-Aider course, requiring one day’s training and thereafter requalification every three years through a one-day course.

There is a recommendation but not an obligation for both categories of firstaider to attend a half-day annual refresher. Employers must assess the number of first-aiders and the types of training that are necessary for their workplace.

Factors to consider include: the number of staff present, the level of risk from work activities, shift patterns, the size of the workplace, the speed of access
to emergency services, and cover for foreseeable absences.

New and changing publications

Revised guidance on insurance

HSE have revised their leaflets on compliance with the Employers’ Liability (Compulsory Insurance) Act 1969 following changes in the requirements to display and retain certificates. The leaflets explain which employers must carry insurance, minimum levels of cover, what the record-keeping duties are, and what workers should do if they think cover is not in place.

Leaflet HSE39 (rev1) and HSE40 (rev3) are aimed at employees and employers respectively,can be obtained free from HSE Books (01787 881165) or downloaded by visiting www.hse.gov.uk/pubns.

Industry news

MPs considering statutory health and safety duties for directors

The Work and Pensions Select Committee has issued a report in which it raises the possibility of explicit statutory duties being placed upon company directors. The purpose of the deliberations, according to Safety Minister Lord McKenzie is to: “Find the levers that motivate directors and other senior leaders of organisations to set a clear direction for health and safety”. In other words, there is more likelihood of health and safety being taken seriously at the top if the people at the top are made personally accountable for the failings that arise in their organisations.

The Minister went on to say that no decision had been taken on whether new regulation was required, and the Government would await the outcome of the HSE board’s discussions when it revisits the matter early in 2010.

Regulators push for safety advisor accreditation system

Judith Hackett, Chair of HSE, has gone on record as saying that health and safety advisors should be covered by an accreditation scheme that includes continuing professional development and an ability to take sanctions against anyone who acts unethically. She went on to say that HSE does not intend to run such a scheme itself but would look to professional bodies to put credible systems in place.

The Institution of Occupational Safety and Health (IOSH) and the Chartered Institute of Environmental Health (CIEH) have begun research into whether employers and consultants would welcome, and use, a register.

Funding for the investigation, expected to be complete early next year, is coming from HSE. The Chief Executive of IOSH, Rob Strange, said: “As the chartered body for health and safety practitioners, IOSH has long advocated some form of official accreditation of the health and safety profession. This would help employers know what to look for when seeking advice, and help more businesses get competent levels of health and safety support.”

Enforcement action for poor stress assessment

In an unusual move, Liverpool Hope University has been served with an Improvement Notice by HSE after they were found to have failed to carry out a suitable and sufficient assessment of workplace stress. Records indicate that formal enforcement action of this nature has only been taken on one other occasion since 2005.

In the notice, HSE instruct the University that they must carry out consultation with staff to ascertain their experience of stress and the findings from the assessment must be fed back to workers by December 2009.

Ladder exchange scheme gets underway

Until 31 December, the “The Ladder Exchange Initiative” will be available to anyone who has a damaged ladder and wishes to part-exchange it for a new one. Details of the scheme, which is proposed to be an annual event, can be found at http://www.hse.gov.uk/falls/ladderexchange.htm.

HSE advise that together with enforcing officers from Local Authorities, they have taken 5,500 dangerous ladders out of circulation in the past two years..

In the courts

Bus company and boss fined for employee death

Eastbourne Buses Ltd and the company’s Managing Director, Stephen Barnett, were prosecuted at Brighton Crown Court following the death of an employee. The company was fined £100,000 with costs of £135,000. Mr Barnett was also found guilty and fined £5,000 with costs of £5,000. The incident occurred when employee Roy Trundell was walking in-between a reversing bus and a non-operational bus and was crushed between them.

The court heard that the company failed to control vehicle movements in the yard, allowing drivers to ignore the systems in place. The death resulted not so much from a failure to follow rules, but rather a lack of rules to follow. Policies and procedures were said to be confusing and inconsistent, with no clear reversing policy. There were no defined speed limits and walkways were blocked, giving rise to bad practice. The MD was ultimately responsible but had not implemented and enforced the recommendations of advisers and consultants.

Asbestos prosecution after workers’ discovery

After admitting breaches of the Control of Asbestos Regulations 2006 at Swansea Magistrates’ Court in June, Vale Inco Europe Limited were last month ordered by Cardiff Magistrates to pay £40,000 in fines and costs after potentially exposing staff and contract workers to asbestos fibres at their Swansea site. The contractors had come across material that they were concerned about, and samples were sent to a laboratory but the work carried on while the samples were analysed.

Although a survey had been carried out at the site, it did not include the area where the work was taking place. Once it became known that white asbestos was present, the area was damped down. However, the overalls of the men originally exposed to the fibres were removed in the presence of unprotected staff

Inadequate legionella assessment results in treatment company prosecution

DEBA UK Limited, a water treatment company based in Berkshire, carried out legionella risk assessments at nursing homes in Wales for operator Craegmoor Healthcare. During a routine check at the premises, it was found that the surveys, which had classified the risk as “low”, were misleading and did not adequately identify the control measures necessary to protect vulnerable residents.

The contractor pleaded guilty at Abertillery Magistrates Court and was fined £24,000 with costs of £17,276.

HSE commented: “The nursing home operators commissioned someone to carry out the surveys in good faith and to help them comply with their responsibilities to manage the risk posed by legionella on their premises. They were badly let down in this case.”

The need to ensure the competence of those engaged to carry out risk assessments was emphasised.

Damaged racking leads to hefty fine

Dudley Magistrates’ Court ordered importer AK International to pay fines totalling £42,000 following a prosecution brought by Dudley Council. The enforcing officer found that the company had used unsafe racking for storage despite an earlier Prohibition Notice that said it must be repaired before further use.

Additional charges related to failure to assess the risks concerning the racking, and ignoring other notices on improvements to storage, transportation and manual handling.

Lift truck misuse costs firm £8,285

Macclesfield Magistrates’ Court levied fines and costs of £8,285 on Eazyfone Limited after an inspector noticed a worker being raised on a pallet with a lift truck so he could reach up a wall to fit a bracket. The company admitted the offence of failing to provide a safe system of work under s2(1) of the Health and Safety at Work etc Act 1974.

Airport pays penalty for contractor’s injury

After a contractor sustained a bad injury from falling at Terminal 1, Heathrow Airport were ordered to pay £13,000 in fines and costs. An investigation found that there was no edge protection on the roof where the work was taking place, and the lights in the area did not work.

PHSC Group news

NEBOSH training

Details of the next public NEBOSH National General Certificate Course at Aylesford have been
announced.

The course will run from 19–23 October and 2–6 November, with examinations on 10–11 November.

For more information please call Karen Fallows on 01622 717700.

SAFed approval

PHSC plc subsidiary Inspection Services (UK) Limited recently applied for membership of the body that represents the independent inspection and certification industry. The Safety Assessment Federation, known as SAFed, is committed to promoting high standards within the membership and has a code of conduct that must be followed. The admissions committee meets later in the year and, following a successful assessment visit in August, is expected to give its approval.

Staff profile

Mark Slingo
Mark joined Envex Company Ltd in June as an administrator. He gained the NEBOSH General Certificate last year, after attending a PHSC course in Winnersh, and decided on a career change after 23 years in finance. Mark is keen to help develop new business, and broaden his knowledge of health and safety, and risk management. In his spare time, he enjoys entertaining his four year old son, keeping fit, and learning to play the saxophone.

And finally

Pensioner hopes claim will bear fruit

Mary Raimo, a pensioner who shopped at a Tesco store in Dundee, is claiming compensation after allegedly being hit on the head by a pineapple that rolled from a display. The stack of produce was nudged by another customer’s rummaging, and this dislodged the offending fruit. It fell down and hit the claimant on the back of the head, causing concussion and neck pain that has lasted more than a year.

The unexpected impact caused Mrs Raimo to drop her shopping and stagger to the floor, an event likely to be worth several thousand pounds according to her lawyer. The claim is on the premise that Tesco failed in its duty to ensure safe stacking of their products in the Lochee store, which has since shut down for unrelated reasons.

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