Risk, Health and Safety Information

Health and Safety in the news this week

Costa Coffee outlets refuse to give mum hot water to warm baby’s bottle – for health and safety reasons

Costa Coffee has apologised to a new mum after staff at four cafes refused to give her hot water to warm her baby’s milk – for “health and safety reasons”.

Tessa Lake was at an outdoor shopping centre when she went into one branch and asked for a cup of hot water to warm up a bottle for her 3-month old baby.  She was left fuming when staff at the outlet on Swindon’s Greenbridge Retail Park refused on safety grounds, despite serving hot drinks.

Costa apologised when she complained and bosses said they would reissue their policy telling staff they should give mums free hot water.  Tessa says she has since visited three other local Costa cafes and they have all refused to give her hot water too.  She said:

“To begin with I only emailed their head office to complain because I was a bit cross about it and then it became a bit of a sticking point for me that they hadn’t sorted it.  I haven’t had any problems before now and every other place we’ve been has been incredible.  When it first happened, I assumed the staff had to be wrong.  They refused to give me hot water on health and safety grounds, but will happily sell piping hot drinks, which is just ridiculous.  They kept saying it over and over and so it seems to them that apparently a cup of tea is not a health and safety risk, yet a cup of hot water is.”

Costa apologised and said it would be re-issuing guidelines to staff.

Source: www.metro.co.uk

Keeping staff safe this festive season: drugs and alcohol

It’s the time of year when many business owners focus their health and safety legal responsibilities on clearing ice and snow and ensuring employees are wearing the correct PPE for low temperatures.  However, the festive season presents a whole new range of risks for employers, in particular through the possible increase in drug and alcohol use. Here, John Southalls, co-founder at Southalls, explores how duty holders can safely ensure their employees aren’t working whilst under the influence.

Up to 17 million working days are lost each year due to alcohol consumption, costing the UK economy over £7.3 billion in lost productivity. An employee coming into work visibly tired and faintly smelling of alcohol may not raise much cause for concern, especially after a work Christmas party. However, employees working whilst under the influence of alcohol and drugs, even if it is from the night before, present significant safety risks for not only the employee themselves, but for colleagues and customers also.

Increased rates of sickness absence, reduced productivity and increases in accidents are just three of the main causes of drug and alcohol abuse in the workplace.  While a third of employees have admitted being at work while hungover, this possibility increases significantly over the Christmas period due to increases in social activities including work nights out and family parties.

The 1971 Misuse of Drugs Act states that it is an offence for employers to permit the production, supply or use of controlled substances within the workplace. If an employer knowingly allows drug related activities to take place on their premises and fails to take appropriate action, they could be breaking the law and be prosecuted by the HSE.

The 1988 Road Traffic Act and 1992 Transport and Works Act both also state that drivers must not be under the influence of drugs when operating a vehicle. So how can business owners successfully fulfil their duty of care to ensure all reasonable steps have been taken to protect employees against the potential risks associated with alcohol and drug use?

Substance misuse policy

The first step business owners can take is by creating a substance misuse policy. The policy should:

• Be created in consultation with employees, aiming to support those who may be abusing alcohol and drugs, rather than punish them.
• Outline that being at work under the influence of alcohol or drugs is against their contract of employment and can result in immediate dismissal or suspension.
• State that any employee found on the premises in possession of, or dealing drugs, will immediately be reported to the police.
• Provide contact information for relevant support groups that will be able to help employees if they have an addiction to either alcohol or drugs.

Provide Open Channels of Communication

• Encourage employees to admit their problem to a chosen manager or supervisor, making them aware of the problem as soon as possible.
• Enter into dialogue with employees coming forward, to assist them in getting the necessary support.

Drug and alcohol screening

As part of the substance misuse policy, employers can include screening and testing as a way of effectively controlling any potential risks caused by drug and alcohol use. Employers must:

• Get employees to agree to the principle of screening in their contract of employment, making them aware that either random or schedule screenings may take place at any time.
• Gain written consent from each employee, documenting they are willing to consent to each specific test that will be conducted. If both a drug and alcohol screening is to take place, employees must provide written consent for each individual test before they can begin.

At all times, and throughout the festive period especially, business owners must exercise due diligence to avoid employees and contractors from being unfit to work due to alcohol and drug abuse. By being proactive in their approach, business owners can ensure that all potential risks have been minimised and constant compliance with legal legislations has been achieved.

Source: www.shponline.co.uk

HSE prosecution round up:

Real Estate Company fined for safety failings

A real estate company in Oxfordshire has been fined for failing to manage asbestos on their premises following a fire.

Reading Crown Court heard how a fire occurred at Faringdon Business Park on 26 July 2014 destroying four units on the site.

Tapecrown Limited failed to have a suitable plan and risk assessment in place for the safe management of asbestos containing materials on their premises.

Tapecrown Limited, of Market Place, Wantage, Oxfordshire, pleaded guilty to breaching Regulation 4(3) of the Control of Asbestos Regulations 2012, and was fined £8,000 and ordered to pay costs of £4,000.

HSE inspector Sharron Cripps said:

“It is important for all duty holders to manage asbestos on their premises. To do this the dutyholder needs to identify asbestos containing material (ACM), determine where it is located, what condition it is in and what measures should be taken to manage the risk associated with asbestos.”

Worker suffers facial injury from crowbar

A construction company from Northallerton has been fined after a worker suffered facial injury from a crowbar.

Durham Crown Court heard how Walter Thompson (Contractors) Limited (WTL) was Principal Contractor for the 47 bedroom extension of the Ramside Hall Hotel, Durham. During the installation of concrete floor slabs a worker was struck in the jaw by a crowbar when it became trapped between two of the slabs. He suffered a head injury, including lacerations to the head and jaw and dislocated teeth.
An investigation by the Health and Safety Executive (HSE) into the incident, which occurred on 15 December 2014, found that WTL failed to adequately plan and manage the installation of the two floor slabs.

Walter Thompson (Contractors) Limited, of Construction House, Northallerton, pleaded guilty to breaching Regulation 22(1)(a) of the Construction (Design and Management) Regulations 2007 and was fined £33,000 with £12,552.81 costs.

Company fined after teenage work experience person injured

A supplier of industrial equipment based in Newcastle has been fined after a work experience person was injured.

Stafford Crown Court heard how during the unloading of a heavy electrical panel from the back of a lorry at Radwell International Limited, the injured teenager was asked to steady the panel which had been placed onto a wooden pallet on the floor.

The panel fell trapping him on the ground across the forks of the forklift truck. He suffered five compression fractures of his pelvis, and a head injury.

An investigation by the Health and Safety Executive (HSE) into the incident which occurred on 15 December 2014 found the company failed to carry out suitable and sufficient risk ssessment, training, supervision and communication.
Radwell International Limited, of Dalewood Road, Lymedale Business Park, Newcastle under Lyme, Newcastle, pleaded guilty to breaching Sections 2 and 3 of the Health and Safety at Work etc Act 1974, and was fined £86.666 and ordered to pay costs of £12,143.

After the hearing HSE inspector Steve Shaw said:

“This case highlights the need for companies to have in place safe systems of work for all deliveries at their premises.  Had such a system been in place, this teenager starting his working career need not have suffered the painful injuries he endured and this company would not have faced the judgement of the courts.”

Source: www.hse.gov.uk