New date for health and safety cost recovery scheme

The Health and Safety Executive (HSE) has today announced that its cost recovery scheme, Fee for Intervention, is going ahead but will now not start in April 2012.

The scheme sets out to recover costs from those who break health and safety laws for the time and effort HSE spends on helping to put matters right - investigating and taking enforcement action.
Law-abiding businesses will be free from costs and will not pay a penny.
Gordon MacDonald, HSE's programme director, said:
"The Government has agreed that it is right that those who break the law should pay their fair share of the costs to put things right - and not the public purse.
"The Government intends to proceed with the FFI scheme as recommended to ministers by HSE's Board in December in response to the formal consultation that took place last Summer.
"Discussions are still taking place on the technical details of the scheme, which we expect to conclude soon.
"Therefore, FFI will not be introduced in April but at the next available opportunity, which is likely to be October 2012."
HSE is taking advantage of the extra time to work further with businesses to improve their understanding of the scheme and how it will affect them.
Detailed guidance for employers and organisations will be available on HSE's website ahead of implementation.
A practice run of the new processes and procedures underpinning the scheme is already underway in HSE and will continue until the scheme is implemented.

Young people, risk and an exciting education

Rarely a day goes by when we don't read or hear about a serious health and safety issue in the news.

It can be easy to lose sight amidst all this that here in Great Britain we have one of the best health and safety records in the world, and many other countries envy our achievements.

We can only maintain this record in the future if we ensure that the next generation learns about the risks they are going to encounter in life, and how to deal with them.

One great example of how to do this is set by Llew Davies, the Pride of Britain winner and teacher at Ysgol Cae Top in Bangor. Here's a man who teaches his primary school class about velocity by racing office chairs in the gym. Who has structured lessons around building volcanoes and mock Formula One cars. And, crucially, who gets the fact that health and safety does not erect barriers to providing an exciting education.

I recently joined Llew and his Year 5 class for a history lesson with a difference: exploring the Roman invasion by building - and firing - siege weapons.

The children might not have realised it but this was actually more than a history lesson - it was a textbook example of how to not to over apply health and safety to a low risk situation. No goggles, hard hats or high viz necessary, no sprawling risk assessments. Just wooden sticks, sticky tape, elastic bands and lots of enthusiasm, from the teacher as well as the class. The kids were encouraged to give it some welly in firing their catapults, and the only safety briefing I heard was when Llew asked his pupils if they thought standing in front of a catapult about to be fired was the best idea. I suspect that most of the children fortunate enough to attend Ysgol Cae Top will remember Mr Davies for life. Let's hope they hold onto the hidden health and safety lesson too.

It baffles me why some people tangle themselves in pointless red tape, when others show that health and safety is actually pretty simple and straightforward.

You can't teach young people about risk from a text book - they need some practical experience. That's why cosseting children and seeking to remove all risk from their experiences ultimately leaves them ill equipped for adult and working life. When they join the world of work, young people need to be prepared to recognise and manage risk. Our system of regulation relies upon it.

On 30 March the National Trust launched a report calling for children to re-connect with the outdoors saying "we need to make it easy and safe for our children to get outdoors" - I'm right with them on that one and Llew Davies is already showing how it can be done!

What work activities are covered by health and safety law?

All work activities are covered by health and safety laws. The Health and Safety Executive enforces a range of legislation, including;

• The Health and Safety at Work etc Act 1974. Regulations made under this act apply to all work situations, for example the Control of Substances Hazardous to Health Regulations (COSHH) and the Workplace (Health, Safety and Welfare) Regulations.
• Other laws that cover particular hazards, such as parts of the Food and Environmental Protection Act and the Control of Pesticides Regulations, both of which are about pesticides.
• Laws that cover health and safety in specific industries such as mining, nuclear, railway, explosives and offshore oil and gas;
• Older laws that predate the Health and safety at Work Act, and cover a range of industries, but not all workplaces, such as the Factories Act and regulations made under it. Most of these laws are gradually being modernised.

Although all working situations are covered by health and safety regulations, not all workplaces are inspected by HSE. Enforcement of the Health and Safety at Work etc Act and related legislation is shared with Local Authorities who cover certain types of work activities.
For information on the basics regarding what your employer must do to make their business comply with health and safety law, please see 'Health and safety made simple'.
Both employers and workers should  read Health and safety law: what you need to know. This contains the same information that is displayed on Health and Safety law posters.
As a worker, if you have specific queries or concerns relating to health and safety in your workplace, talk to your employer, manager/supervisor or a health and safety representative.
If you think your employer is exposing you to risks or is not carrying out their legal duties  regards to health and safety and this has been pointed this out to them and no satisfactory response has been received, you can make a complaint to HSE.

Carlisle boss fined after ignoring fire warnings

The owner of a pallet manufacturing firm has appeared in court after he allowed fires to be repeatedly lit at his premises next to gas storage sites in Carlisle.

Brampton Pallets in Carlisle

The Health and Safety Executive (HSE) prosecuted George Ward after he ignored warnings about lighting fires at Brampton Pallets, which borders two Liquefied Petroleum Gas (LPG) storage sites.

Carlisle Magistrates' Court heard HSE first issued Mr Ward with a Prohibition Notice in December 2007, preventing wood being burnt in an open metal drum at the site on Willowholme Industrial Estate.

Mr Ward signed a letter in April 2009 which prescribed how fires could be safely lit and controlled at Brampton Pallets, after HSE received another complaint about fires at the site.

But a further complaint was made in 2011 and, when two HSE inspectors visited the site on 10 March, they witnessed another unsuitably controlled fire.

George Ward, of Rockcliffe in Carlisle, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974 by failing to ensure people were not exposed to risks to their safety. He was fined £10,000 and ordered to pay £3,687 in prosecution costs on 28 March 2012.

Speaking after the hearing, Steven Boyd, the investigating inspector at HSE, said:

"Mr Ward was given several chances to comply with the law but after repeatedly ignoring our advice, a prosecution was inevitable.

"By allowing unsuitably controlled fires to be burnt at Brampton Pallets, he risked a spark from the fires causing a serious fire or explosion at the gas storage sites next to his business.

"If this had happened then it had to the potential to cause multiple deaths or serious injuries."

Unregistered gas fitter's work put people at risk

A Wrexham-based gas fitter has been sentenced after installing and illegally servicing equipment which could have resulted in harm to the tenants and landlord of a Wrexham property.

Wrexham Magistrates' Court today sentenced Mr Neil Lloyd to a 12-month community order that includes 150 hours of unpaid work, in a prosecution brought by the Health and Safety Executive (HSE). He was also ordered to pay costs of £500.

The court heard Mr Lloyd installed a boiler and flue at a home in Holly Grove, Wrexham, in January 2006, and serviced the boiler until September 2010. Problems with the installation came to light in October 2010 when part of the heating system broke down and the house owner called a different gas engineer to repair it.

The new engineer, who, unlike Mr Lloyd, did work for a Gas Safe registered company, immediately spotted that the flue was not sealed properly so if there had been a problem with the boiler then poisonous carbon monoxide gas could have come back into the house. Repairs were carried out immediately and the homeowner reported the problems to the Gas Safe Register and HSE.

An HSE investigation found that Mr Lloyd had not been registered during the time of servicing the equipment, and the flue that he had installed was not in a proper condition for the boiler to be operated safely.

Neil Lloyd, of Chestnut Close, Gresford, Wrexham, pleaded guilty to breaching Regulations 3(3), 3(7) and 27(1) of the Gas Safety (Installation and Use) Regulations 1998. In relation to breach of Regulations 3(3) and 3(7) he was given a 12-month community order and there was no penalty for the breach of Regulation 27(1). He was also ordered to pay £500 in costs.

Speaking after the hearing, HSE inspector Debbie John said:

"Every year around 20 people die and many others suffer ill health as a result of carbon monoxide poisoning caused by gas appliances and flues which have not been properly installed or maintained.

"Mr Lloyd was fully aware of the legal requirement for gas fitting work to only be carried out by a registered Gas Safe engineer, yet he inspected the gas installation and declared it was satisfactory.

"This case should serve as a lesson to anyone tempted to undertake gas work when not registered. Householders should be extra vigilant in checking that any gas work is carried out only by Gas Safe registered engineers."

Paul Johnston, chief executive of Gas Safe Register, said:

"Gas work in your home should only be carried out by suitably qualified Gas Safe registered engineer. Every Gas Safe engineer carries an ID card which not only confirms they are registered but also details which kinds of appliances they can work on.

"Always ask to see the card and remember you can always call us on 0800 408 5500 to check if an engineer is registered."

Risk assessment and key risk areas

What you must do

You must manage the health and safety risks in your workplace. To do this you need to think about what, in your business, might cause harm to people and decide whether you are doing enough to prevent that harm. This is known as a risk assessment. Once you have identified the risks, you need to decide how to control them and put the appropriate measures in place.
   
What you should know

A risk assessment is an important step in protecting your workers and your business, as well as complying with the law. It helps you focus on the risks that really matter in your workplace - the ones with the potential to cause real harm. In many instances, straightforward measures can readily control risks, for example ensuring spillages are cleaned up promptly so people do not slip, or cupboard drawers are kept closed to ensure people do not trip. For most, that means simple, cheap and effective measures to ensure your most valuable asset - your workforce - is protected.

The law does not expect you to eliminate all risk, but you are required to protect people as far as 'reasonably practicable'. More information on risk assessment is available at the HSE's Health and Safety made Simple site

Health screening company failed its duty to workers

 

A Cornish company has been prosecuted after using unqualified staff to screen the health of workers from dozens of other organisations.

Audio Medical Services Ltd (AMS) carried out tests inadequately for 59 companies over a period of at least four years across the UK. The company failed to provide employers with information to prevent workers' health deteriorating and did not refer employees to occupational health professionals when required.

The case related to Hand Arm Vibration Syndrome (HAVS) caused by regular use of hand-held power tools or holding materials processed by machinery. Symptoms include pain, numbness and tingling in the fingers and a reduced sense of touch which can be disabling. It is also characterised by finger blanching, known as 'vibration white finger'. The condition can be prevented, but once developed, cannot be cured.

The court heard that staff employed by AMS to carry out the tests, including Nick Nickson, did not have occupational health training and had not received the relevant training to perform screening for Hand Arm Vibration Syndrome.

The issue came to light following a company identifying anomalies with the screening performed by AMS. HSE then contacted companies who employed the services of AMS and visited a range of firms in the ship-building, quarrying, civil engineering and rail industries.
The investigation identified that numerous employees at these companies had not been suitably referred to an occupational health provider and therefore continued to be exposed to vibration at work. This put individuals at risk of further deterioration and permanent damage.
HSE Inspector, Georgina Speake, said:

"The failures of AMS were totally unacceptable.
"Companies using AMS thought they were doing the right thing by providing screening for their employees.  AMS's negligent behaviour meant a significant number of workers have been put at risk of worsening their conditions by continuing with their normal work practices when they should have stopped.

"Around two million people are at risk of this painful and debilitating condition in the UK and although preventable, once the damage is done it is permanent, there simply is no treatment. Proper health surveillance is vital to detect and respond to early signs of damage."

Attacks of HAVS may cause pain, numbness and tingling as well as reduced manual dexterity and the effect may spread from the tips of the fingers up the digit, causing stiffness in the hand and arm. Sufferers may struggle with tasks requiring fine manipulation, including simple tasks like dressing, which can affect their family and social lives. In severe cases, blood circulation may be permanently impaired.

Audio Medical Services Ltd of Liskeard, Cornwall pleaded guilty to an offence under Section 3 (1) of the Health and Safety at Work Act 1974. Nick Nickson, the Managing Director of AMS also pleaded guilty to the same offence.

AMS Ltd were fined £3,200 and ordered to pay costs of £5,000 by Bodmin Magistrates Court in a case brought by the Health and Safety Executive (HSE). Managing Director, Nick Nickson, was also fined £700.