PHSC Health and Safety News

Issue: January 2010

New and changing legislation

Lasers and ultra violet light

The EC Artificial Optical Radiation Directive has to be implemented in the UK by April 2010 and will require new regulations. Their purpose is to protect workers from the risks associated with exposure to artificial optical radiation in the workplace (lasers, UV light etc). A consultation exercise is taking place and will run until 5 February 2010.

New and changing publications

Approved Code of Practice and guidance to the Health and Safety (First-Aid) Regulations 1981. L74 £8.75

This 28-page booklet was published in October 2009. The main reason for this updated version of the code is to introduce new training requirements and in particular the concept of the Emergency First-Aid at Work Qualification (EFAW). There is a useful flowchart at Appendix 3 to guide employers as to the level of first-aid provision that might be appropriate to their workplace. For example, in a low hazard environment such as an office with 25-50 people, at least one person should be trained to EFAW level.

In higher hazard areas like warehouses and light engineering workshops with 5-50 workers, at least one person trained in EFAW or a fully qualified first-aider will be needed according to the type of injuries that may arise. The new training courses associated with first-aid have been extensively covered in previous editions of PHSC News but anyone wanting clarification should call their usual contact at the company for more information.

Chemical hazards

An Approved Classification and Labelling Guide to the Chemicals (Hazard Information and Packaging for Supply) Regulations 2009, known as CHIP 4, has been published by HSE.

The document is known as L131 and costs £11.50 from HSE Books (tel: 01787 881165). It is most relevant to manufacturers, importers and suppliers of substances and preparations that need classification and labelling.

Industry news

Conservative Party would overhaul safety laws

The Conservative Party leader, David Cameron, has told an audience that he would want to see the reform of health and safety legislation if he is Prime Minister after the next election. Lord Young, who has been appointed by Mr Cameron to oversee the process, has been asked to ensure that every piece of health and safety legislation fulfils a useful purpose “or it goes”.

Referring to media reports of nonsensical safety rules such as trainee hairdressers being banned from using scissors, wearing goggles to play conkers etc, the Tory leader said that something had gone wrong with the system. He went on to suggest that the compensation culture had led to hypersensitivity to risk and accidents, with “common-sense, discretion and personal responsibility” lacking.

The Trades Union Congress General Secretary, Brendan Barber, accused Mr Cameron of presenting a distorted view and emphasised that none of the “safety rules” referred to were in fact requirements under existing regulations.

In the courts

Negligent attitude to asbestos results in heavy fines

Noble Gift Packaging Ltd and A & T Roofing Limited incurred fines and costs totalling almost £120,000 after pleading guilty to safety offences at Southwark Crown Court. The roofing contractor, working without a licence, had removed thousands of square meters of asbestos insulating board at Noble’s premises in Enfield over a period of three months without protecting their workers. Fibres may have been released onto public transport, workers’ vehicles and via clothing to their homes.

A spokesman for HSE said “The actions of A & T Roofing Ltd were unpardonable as they were told two weeks into the project that they were working with brown asbestos but carried on for another 10 weeks.” The inspector went on to criticise Noble Gift Packaging Ltd for failing to have full asbestos survey done particularly as they had been told in a valuation survey report that there was asbestos in the roof.

Police pay price for training blunder

Thames Valley Police were fined £40,000 after a firearms instructor shot and nearly killed a former rifle marksman in a training session. The instructor, David Micklethwaite discharged a shot from a Magnum revolver at a civilian colleague, Keith Tilbury, during one of his classroom tutorials. Mr Micklethwaite was personally fined £8,000 for the incident.

Southwark Crown Court heard that Mr Tilbury needed five hours of surgery to save his life after he sustained damage to his lung, liver, bowel and kidney. He was comatose for twelve days and has been unable to resume his employment. The Judge commented that although the instructor was highly experienced, records showed that he had “difficulty in passing his six-week national firearms course in 2005, particularly in some areas involving safety”.

London employers encouraged to make sure 2010 is a safe New Year

In an initiative taken by HSE, employers in the London region are being urged to ensure their workers are kept safe in 2010, by paying more attention to reducing accidents. In 2008/09 there were around 280 work-related incidents in London each week, giving an annual total of 14,576. Statistics show 20 people were killed at work across the region.There were 2,848 major injuries and 11,708 “over three day” injuries.

Combined with absences due to work-related ill health, 1.7 million working days were lost at great cost to the capital’s economy and individual businesses. HSE warns that it will not hesitate in taking enforcement action where justified, and last year they prosecuted 59 London firms for breaching health and safety legislation.

Similar new year messages and relevant statistics have been issued to employers in Scotland and North Yorkshire.

...and another prosecution for asbestos exposure

Trafford Magistrates’ Court ordered two companies, and one of their directors, to pay a total of £12,000 for exposing workers to asbestos. Recon Packaging Ltd from Ashton-under-Lyne, Industrial and Commercial Building Services Ltd (ICBS) from Stockport, and the latter’s Managing Director Kevin Bennett were the guilty parties.

Recon had hired ICBS to carry out demolition work at their recycling plant in Manchester after the plant had been damaged in a fire. The building had significant levels of asbestos present but no survey had been undertaken by Recon, and ICBS was not licensed to remove asbestos materials.

Legionella fine for hospital

The Liverpool Heart and Chest Hospital NHS Trust has admitted breaching the Health and Safety at Work etc Act 1974 by putting employees and the public at risk of infection by legionella. It was fined £35,000 with costs of £12,862 after unsafe levels of legionella bacteria were discovered in the water for supply to showers, baths and sinks at the hospital.

It transpired that the NHS Trust took no notice of recommendations that it had been given by a specialist contractor and no-one there had been given responsibility for managing the risk.

Girl loses fingers in school accident

Boston Magistrates’ Court has fined Giles School, also in Boston, £16,500 with £2,500 costs after the foundation school’s governing body admitted charges of contravening safety laws and also failing to report an accident. The incident, which caused a 16-year-old girl to lose most of her fingers, came during an art lesson.

In attempting to make a sculpture of her hands, the girl immersed her hands in a bucket of plaster of Paris. The plaster, which generates high temperature when setting, held her so firmly that staff and paramedics could not free her. Despite the best efforts of surgeons, the victim lost all the fingers of one hand and three from the other.

HSE said that they had only found about the accident when they were contacted several weeks after the event by the plastic surgeon..

PHSC Group news

Did you miss your Xmas card?

Instead of sending out cards to all our clients we again elected to donate an equivalent sum to Canterbury Oast Trust. Don’t be fooled by the name as they are a charity that supports people with learning disabilities. They create opportunities for those who would not be able to look after themselves outside a safe and supportive environment. To read more about the excellent work of the organisation, go to www.c-o-t.org.uk

Envex teams up with FC Bracknell

Following a plea for sponsorship from a junior football team in the same county, Berkshire-based Envex were happy to step in and fund a complete set of new shirts for FC Bracknell Under 7's Bullets.

PHSC plc completes the acquisition of Quality Leisure Management

We welcome Quality Leisure Management Ltd (QLM) as the latest specialist consultancy to become a member of the PHSC plc Group. Established in 1990, QLM provides a wide range of services principally to the sport and leisure management sector.

QLM have been industry leaders in developing standards in partnership with professional bodies such as the Institute of Sport and Recreational Management, and offer a number of assessment verification services. A particular strength is the company’s QLM Leisuresafe brand that provides certification and accreditation within the sport, leisure and hospitality industry.

First NEBOSH Certificate course for 2010 announced

Details of our next public NEBOSH National General Certificate Course have been announced. The course will run at Aylesford with the first week held from 1st to 5th March, the second week will be 15th to 19th March, and examinations on 23 and 24 March. For further details please contract Karen Fallows on 01622 717700.

Staff profile

Wayne Wiggins
Wayne has been with QLM since April 2006 following an earlier spell with the company back in 2004. In addition to his role as a Consultant, he co-ordinates internal processes, overseeing all marketing and IT activities.

An experienced Quality and Systems Manager with over twenty years in the leisure industry, Wayne has developed expertise in process improvement, performance measurement and Total Quality Management. He has specialist knowledge of the EFQM Excellence Model and has worked for the British Quality Foundation on the UK Excellence Awards programme as an Awards Assessor for the past two years. He is currently spearheading QLM’s drive to achieve the Investors in Excellence Award (akin to the Excellence Model). Wayne is a member of his local fitness facility, where he regularly attends group classes. He is married with two children (aged 15 and 9) and spends much of his time supporting his son’s weekend football activities.

And finally

Drivers foxed by brake failures

Following a spate of reports of brake hoses being cut in Kent over a period of several months, the culprit has finally been identified with the help of Professor Stephen Harris of Bristol University.

Usually when animals and vehicles come into contact, there is only one winner. However, in West Wickham, Kent, the tables were turned after several drivers discovered they had lost braking power soon after heading off to work in the mornings. It transpires that the sweet-tasting fluid in the pipes, though poisonous to humans, had proved irresistible to a family of foxes. Residents have since been advised to add brake hose integrity checks to the list of other daily checks that all we are all supposed to carry out before setting off on our journeys.

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