Health and Safety in the news this
week
Staff should be sent home if workplace gets hotter than
30C, says MP
Labour MP Linda Riordan is pushing for a law which
would require bosses to send home staff if the temperature in a workplace
exceeds 30C, or 27C for those doing strenuous work. As Britain swelters in a heatwave expected to see thermometers hit 32C, a group of MPs is pushing for a law requiring bosses to send staff home if workplaces get hotter than 30C.
The proposal is contained in a parliamentary
early-day motion tabled by Labour MP Linda Riordan, which has attracted the
signatures of 17 MPs since being tabled recently.
The motion warns that employees in workplaces
ranging from industrial bakeries to school classrooms are often subjected to
temperatures which can "impact seriously on their health and
well-being".
Consequences of overheated factories and offices can
include "discomfort, stress, irritability and headaches ...extra strain on
the heart and lungs, dizziness and fainting and heat cramps due to loss of
water and salt", and the resulting reduction in alertness and attention
spans can contribute to workplace accidents and fatalities, said Ms Riordan.
An official code of practice introduced in 1992 as
part of the Workplace (Health, Safety and Welfare) Regulations states that
workplace temperatures should not normally drop below 16C - or 13C if the work
involves severe physical effort.
But there is no suggested maximum limit, with the
guidelines stating only that "all reasonable steps should be taken to
achieve a reasonably comfortable temperature".
The TUC has backed a legal maximum temperature of
30C - or 27C for those doing strenuous work - and Ms Riordan's motion urges the
Government to adopt these levels in law.
The Halifax MP said ministers should "resolve
uncertainty for employers about their duty to combat excessive heat in the
workplace by introducing a maximum working workplace temperature of 30C (86F)
and of 27C (81F) for those doing strenuous work".
The motion has been signed by 12 Labour
backbenchers, two SDLP MPs and one MP each from the Liberal Democrats, DUP and
Plaid Cymru.
Early day motions are not debated on the floor of
the house and have no prospect of becoming law, but provide an indication of
the level of concern about an issue among MPs.
HSE prosecution round up:
Hospice sentenced after Legionella death
A hospice based in Sydenham has
been sentenced after a patient died of Legionnaires’ disease and a worker
suffered life changing effects as a result of contracting Legionnaires’
disease.
Southwark Crown Court heard how
a man was admitted to St Christopher’s Hospice (SCH) on 9 July 2012. He was taken to a nearby Hospital on the 12
August 2012 where he died on 17 August 2012. He was subsequently found to have died of
Legionnaires’ disease which he contracted during his time at the Hospice.
In December 2012, an orderly
worker contracted Legionnaires’ disease while carrying out her duties at the
Hospice and spent 18 days in a coma before making a recovery.
After the hearing HSE inspector
Matt Raine said: “The risks of legionella are well known in the healthcare
industry. St Christopher’s Hospice had
implemented some measures in an attempt to control legionella. However they failed to appoint a competent
person to manage the risk of legionella in the Hospice’s hot and cold water
system.
“The failures in the management
of legionella led to conditions in hot and cold water system that favoured the
proliferation of legionellae. It was
entirely foreseeable that there would be risk of contracting Legionnaires’
disease for patients and employees working at this hospice.”
St Christopher’s Hospice, of
Lawrie Park Road, Sydenham, London, pleaded guilty to breaching Sections 3(1)
and 2(1) of the Health and Safety at Work etc Act 1974, and was sentenced to a
two year conditional discharge, and ordered to pay costs of £25,000.
Angus based company fined after death of worker
A company that specialises in
the application of protective coating systems has been sentenced after a worker
became caught on pipe being sprayed with molten metal and lost his life.
Forfar Sheriff Court heard that
on 17 September 2014 a 26-year-old employee of Gemini Corrosion Services
Limited, Andrew Fraser, came into contact with a rotating pipe being
spray-coated with aluminium by a Thermal Spray Application (TSA) machine (used
to spray a coating onto steel drill pipes used in the oil industry) at the
company’s site and subsequently lost his life due to the severity of his
injuries.
The court was told that Gemini
Corrosion Services failed to ensure that the Thermal Spray Aluminium machine
was adequately guarded or that other suitable and sufficient measures were in
place to prevent access by any worker to any dangerous parts of machinery.
Gemini Corrosion Services
Limited, Montrose, Angus pleaded guilty to breaching Section 33(1)(c) of the
Health and Safety at Work etc. Act 1974 and Regulations 11(1) and (2) of the
Provision and Use of Work Equipment Regulations 1998 and was fined £120,000,
reduced from £180,000 in light of the guilty plea, at Forfar Sheriff Court.
Worker injured falling down a service riser shaft
A construction company in
Gateshead has been fined after a worker suffered injury when he fell down a service
riser shaft.
Newcastle upon Tyne
Magistrates’ Court heard how Meldrum Construction Services Limited (MCS) was
the principal contractor for refurbishment work at premises in Percy Street,
Newcastle Upon Tyne.
MCS failed to plan for the
requirement for temporary platforms to be installed in the service riser to
provide a safe work area. Subsequently,
temporary floors were installed to specifications they had not been designed
for. A worker stepped onto the temporary
wooden floor on the first floor riser which collapsed and he fell 4.5 metres to
the floor below, spraining both ankles.
An investigation by the Health
and Safety Executive (HSE) into the incident, which occurred on 6 July 2015,
found that MCS failed to plan and manage the construction phase of the project
in that they failed to plan and manage the temporary works within the service
riser.
Meldrum Construction Services
Limited of Panteon Building, Lancaster Road, Dunston, Gateshead, pleaded guilty
to breaching Regulations 13(1) of the Construction (Design and Management)
Regulations 2015, and was fined £120,000 and ordered to pay costs of £1969.
Manufacturing company fined for health and safety failures
A manufacturing company based
in South Shields has been fined for health and safety failures.South Tyneside Magistrates’ Court heard how Templetown Canopies Limited use styrene in their production of fibre glass door and window canopies. This substance is hazardous to health and exposure can cause irritation to the nose, throat and lungs. It can also have a neurological effect including difficulty in concentrating, drowsiness, headaches and nausea.
An inspection was carried out
on 1 May 2013 and an improvement notice was served on 3 May 2013. The company did not take action to comply with
the Improvement Notice until they moved premises in March 2015.
An investigation by the Health
and Safety Executive (HSE) found that between May 2013 and February
2015, Templetown Canopies did not adequately control exposure of
their employees to styrene. The company
should have had an extraction system to remove the fumes and provided masks
with the correct filters to prevent operators breathing it in.
Templetown Canopies Limited, of
Shaftsbury Avenue, South Shields, Tyne and Wear, pleaded guilty to breaching
Regulation 7(1) of the Control of Substances Hazardous to Health Regulations
2002 (COSHH) and was fined £8,500 and ordered to pay costs of £4,500.
Speaking after the hearing HSE
Inspector Fiona McGarry said:
“Workers’ health was put at
risk from exposure to styrene for a period of 22 months, even after the company
had been made aware of the actions it needed to take. Whilst HSE is sympathetic to the pressures
faced by small businesses, this is simply not acceptable. Employers need to take action to ensure they
are providing adequate control to protect the health of their employees.”
Worker trapped by three tonne road roller
An exhibitions and displays
company has been fined for safety breaches after a labourer was crushed by a
road roller.
The incident occurred in
November 2015 at Quantum Exhibitions & Displays Ltd in Hipperholme.
The 26-year-old injured worker
sustained several breaks to his right leg tibia and fibula bones along with
burns to his right hand and an open fracture of the index finger on the same
hand when the three tonne vibrating road roller he was using slid down a steep
incline and pinned him beneath it.
Quantum Exhibitions &
Displays Ltd of Brow Mills Industrial estate, Hipperholme pleaded guilty to
breaching Section 2(1) of the Health and Safety at Work Act 1974 and was fined
£70,000 with £4,139.50 costs by Calderdale Magistrates Court.
After the hearing, HSE
inspector Jacqueline Ferguson commented:
“There was no vehicle restraint
or edge protection system in place to prevent vehicles from approaching the
unstable edge of the embankment with the foreseeable risk of the vehicle
overturning. This was a serious accident that could have proved fatal. Companies should be aware that the HSE will
not hesitate to take appropriate action against those that fall below the
required standards.”
Essex school fined after refurbishment disturbs asbestos
An Essex school has been fined
after poorly-planned and managed refurbishment and maintenance activities
exposed school staff and others to asbestos.Chelmsford Crown Court heard that managers at The Boswells School, Chelmsford, decided to convert an old boiler room at the school into a cleaning store. During the course of this work, asbestos residue on the walls was disturbed and caretakers swept contaminated debris from floors. Their exposure to risk only came to light after a later asbestos survey was completed in the area.
The Health and Safety Executive
(HSE) investigated this incident and learned that asbestos containing materials
(ACMs) were also present in other areas. School caretaking staff and contractors disturbed
the fabric of school buildings over many years without being alerted to the
presence of ACMs. Persons who entered
potentially contaminated areas were placed at risk of developing serious ill
health conditions arising from exposure to airborne respirable asbestos fibres.
The school also failed to ensure that
spread of asbestos was prevented or reduced.
The Boswells Academy Trust, of
Burnham Road, Chelmsford, Essex, pleaded guilty to breaching the Health and
Safety at Work etc. Act 1974 – Sections 2(1) & 3(1). The trust was
fined £26,000 and ordered to pay costs of £20,000.
HSE Inspector Glyn Davies said
after the hearing:
“The Boswells Academy Trust
should have controlled this potentially lethal risk by identifying the type,
location and condition of any asbestos-containing materials within the fabric
of the school, and by implementing suitable precautions to prevent its
disturbance. It should then have ensured
that such information was shared with anyone liable to disturb this fabric. It may also have arranged for a licensed
asbestos contractor to remove any dangerous asbestos safely before commencement
of any work. This prosecution should act
as a reminder, not just to schools but to all persons in control of the repair
and maintenance of non-domestic premises, of the need to ensure that a suitable
and sufficient assessment of risk from asbestos is carried out, and that
correct control measures are put in place to ensure that exposure to asbestos
is prevented, so far as is reasonably practicable.”
