Wednesday, 18 July 2012

Engineering firm prosecuted after workers fall from height

A vehicle engineering, design and testing firm has been fined after two employees were injured when they fell from a platform.

One of the workers, who does not wish to be named, broke his collar bone and needed to take six weeks off work after the incident at Mira Ltd's Watling Street site near Nuneaton on 5 July last year. His colleague, who also wishes to remain anonymous, bruised his eye and cut the back of his head.

Nuneaton Magistrates' Court heard today (9 July) that the two injured employees were among six workers helping to reinstall a large motorised fan in a ceiling. As they tried to push a heavy motor back into the fan a section of the mesh mezzanine platform they were stood on became dislodged and they both fell 2.2 metres to the ground below.

The Health and Safety Executive (HSE) investigated the incident and found the company had failed to properly plan the work at height. Even after the fall, Mira Ltd neglected to implement satisfactory safety measures and risks remained until the work was completed.

HSE identified there were further risks to employees as the task involved working around a void through which employees could fall.

Mira Ltd, of Watling Street, Nuneaton, Warwickshire, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974 for its failings. The company was fined £12,000 and ordered to pay full costs of £9,305.

After the hearing HSE inspector Alison Cook said:

"The two employees were lucky not to have been more badly injured in the fall, especially after landing the way they did with their head and upper body taking the brunt of the impact.

"Mira Ltd should have planned the work properly, and had they done so the incident could have been avoided. Instead they put six workers at unnecessary risk and fell far short of the legal standard required when planning and organising such complex maintenance work at height

Builder fined for dangerous construction site

A Lincolnshire builder has been fined after a spot check by the Health and Safety Executive revealed his construction site was unsafe.


Andre Wilkin, trading as Hillen Projects, was the main contractor on a refurbishment scheme at Danesgate in Lincoln when an HSE inspector visited as part of a national construction safety initiative on 1 March 2011.

A scaffold, which was not being used at the time, was found to have numerous defects and the site itself was very untidy, with numerous slips, trips and fall hazards.

Lincoln Magistrates' Court heard today (11 July) that Mr Wilkin was verbally advised about the three issues on the day of the visit and was sent a letter two days later detailing the actions he needed to take to bring the site up to an adequate standard.


A month later, a follow-up inspection was carried out but the defects on the scaffolding, which people were now working on, had not been remedied. A Prohibition Notice was served to prevent further work on the scaffold.

The site was still not organised in a safe manner and the hazards noted during the initial visit were still present. A second Prohibition Notice was served to stop any further construction work until a safe means of access around the site had been established.

Andre Baudouin Wilkin, of Market Place, Caistor, pleaded guilty to breaching Regulation 27(1) of the Construction (Design and Management) Regulations 2007 and Regulation 4(1) (c) of the Work at Height Regulations 2005 for his failings. He was fined £5,000 and ordered to pay costs of £1,800.


After the hearing, HSE inspector Martin Waring said:

"Mr Wilkin was offered plenty of advice and had the opportunity to rectify the problems that were identified. Instead he chose to continue putting workers at risk.

"It is essential that construction work, particularly work at height and site organisation, is properly planned to ensure that appropriate precautions are in place."

Safety failings led to asbestos exposure at Dorset school

The unsafe removal of asbestos insulation boards at a large independent school in Dorset led to several people being exposed to asbestos fibres, Dorchester Crown Court heard today (13 July).

The Health and Safety Executive (HSE) prosecuted Sherborne School and Peter Eldridge, the director of a company responsible for the refurbishment project, after an investigation found they had failed to identify and prevent the risk of asbestos exposure at the school.

Asbestos insulation boards were removed in an unsafe way, exposing building contractors and a teenage work experience student to asbestos fibres, and leaving them at risk of developing serious and potentially fatal diseases later in life.

The HSE investigation found that from the initial design stages in May 2008 right through to undertaking the construction work in July 2009, there was inadequate planning and a failure to carry out a full asbestos survey.

This was despite the fact that a sample taken from the building in 2008 had identified its presence and asbestos had previously been removed from other parts of the school. An asbestos register was also kept for the school buildings.

The court heard that neither Mr Eldridge nor the school had appointed a Construction Design and Management (CDM) coordinator for the refurbishment project, despite it being a requirement of the Construction (Design and Management) Regulations 2007 for a project of this size.

The CDM coordinator would have ensured a full refurbishment and demolition asbestos survey was completed in advance of construction work. Licensed asbestos contractors could then have been appointed to safely remove it.

Sherborne School was found guilty of breaching Regulation 4(8) of the Control of Asbestos Regulations 2006 and Regulation 14 of the Construction (Design and Management) Regulations 2007. The school was fined a total of £60,000 and ordered to pay £13,000 in costs.

Peter Eldridge, of Long Street, Sherborne, Dorset, was found guilty of breaching Section 37 of the Health and Safety at Work etc Act for his neglect as an individual director. He was also found guilty of breaching Regulations 11(3) and 18(1) of the Construction (Design and Management) Regulations 2007 for contributing to the failings of his company. He was fined a total of £10,000 with costs of £6,000.

Speaking after the prosecution, HSE Inspector Joanna Teasdale, said:

"Both Peter Eldridge and Sherborne School knew about the risks posed by the presence of asbestos in the school buildings, and yet they failed to manage the risk of exposure to asbestos fibres during the refurbishment project.

"As a result several people, including at least one teenager, were put at unnecessary risk. In being exposed to asbestos fibres they could develop a serious and potentially fatal illness.

"Although Sherborne School was the client, it still had a duty to manage the control of asbestos on its site, and to be aware of the requirements of removing asbestos safely.

"This incident and the risk to those involved could have been easily avoided if competent people had been engaged during the planning of the refurbishment project to advise the school, such as a CDM coordinator."
HSE Business Plan

The HSE have released their business plan for 2012-15 which sets out the activities they plan to undertake over the next 3 years.

The plan is a mix of continuing "business as usual" activities in many frontline areas whilst also delivering significant reform.  

Key goals for the HSE include::
         
  • reducing and simplifing the stock of regulation without reducing levels of protection
  • making it easier for people to understand what is required, leading to increased levels of compliance;
  • devoting a greater proportion of effort where risks are highest and where we can have greatest impact;
  • continuing to hold to account those who expose their employees and others to unnecessary risk; and
  • drawing a clearer distinction between real health and safety and the bureaucratic over interpretation which gets in the way.
Full details can be found on the HSE web site

Thursday, 12 July 2012

Retail – Lone workers



Robbery in the retail sector costs the UK millions of pounds every year and, in many cases, the only thing standing between the perpetrators and their objective is a lone shop assistant, or storeperson. Consequently, warns Craig Swallow, it is crucial that such workers are provided with the best possible protection, including the means to summon assistance quickly and effectively.
Mention ‘lone worker’ to most people and they will immediately think of a district nurse, or a meter-reader, or a long-distance lorry driver. Rarely will they come up with retail workers but, as the largest private-sector employer in the UK, retail has hundreds of thousands of lone workers, either on a full or part-time basis. Think of the staff who open and close stores, go on banking runs, conduct warehouse operations, or those involved in delivery networks and regional management.

Figures for 2011 from the British Retail Consortium (BRC) show there are some 285,000 retail outlets in the UK. Over the last decade, store formats have changed considerably in line with how we consume – we now demand greater convenience, speed and choice in relation to the products we buy. This has helped shape the emergence of an increasing number of smaller-format stores, often with lower numbers of staff and longer opening hours, which, in turn, have an impact on how retail organisations meet their duty of care to employees.

Different roles generally result in different risk profiles; however, verbal abuse and robbery remain the biggest concerns. According to the BRC’s Retail Crime Survey 2011:
  • verbal abuse of retail staff increased by more than 80 per cent, with threats of violence also rising;
  • robberies rose by 20 per cent, with retailers reporting an increase in the use of weapons and violence; and
  • typical security measures, such as CCTV and fixed panic alarms, are unable to capture, or verify verbal abuse directed at staff.
Of course, risk to a business or staff cannot entirely be removed but organisations can do more to ensure it is minimised through assessment, training, communication, and exchange of information (see panel overleaf). Relevant monitoring and alarm systems should also be part of any retail organisation’s package of measures to safeguard lone and vulnerable workers, and the most important feature of these is that they capture evidence effectively when incidents take place, and raise an alarm at an early stage.

Push that button
Risk has undoubtedly changed – gone are the days when it was exclusive to the point of sale – yet many retailers still deploy under-counter, fixed panic alarms as a solution. There is a number of problems with these:
  • Fixed panic alarms typically do not capture audio evidence as a situation is unfolding, meaning a response cannot be informed and tailored accordingly. If audio is captured it tends to be from a speaker in the alarm panel and not directly from the incident point;
  • The lack of audio information means third-party evaluation of the situation is hampered. Consequently, fixed systems generate a high number of false alarms because they offer less scope for human judgement. If false alarms are a regular occurrence, the organisation could lose its Unique Reference Number (URN – see below);
  • There is less evidence about an incident to use retrospectively, if necessary;
  • If an incident happens away from the point of sale, or the point where the alarm is fixed, it is unlikely to be used, or, at best, will suffer a time delay in use; and
  • They cannot help a worker in distress who happens to be travelling to, from, or during work.1
Taking the first two points, generating a response is clearly the most important function of an alarm system, but it is equally important that it is the right response for the situation. Take the tragic case of PC Sharon Beshenivsky, who was fatally wounded in 2005, when she responded to a panic alarm activated during a robbery attempt on a Bradford travel agency. Had the full scale and nature of the incident been captured more effectively as it was unfolding, the Police response deployed would likely have been very different.

Naturally, the Police needs to respond to situations appropriately while maximising resources – therefore, a suitable method for escalation is required. The most effective way to elicit a Police response is to escalate via a URN. The Unique Reference Number allows an emergency alarm to be escalated one level above a 999 call, i.e. defined by the Association Of Chief Police Officers for England, Wales and Northern Ireland (ACPO) as a ‘Type A’ alarm.

URNs must be issued by a local Police force on the acceptance of an application from a client, and for an annual subscription fee. To comply, the client needs to demonstrate that appropriate and qualified technology is deployed correctly.

Police forces retain the right to revoke a URN if there is a disproportionate number of false alarms from a particular source. It is essential, therefore, that any alarm be used responsibly so an organisation does not lose its URN. The management costs and increase in insurance premiums arising from a lost URN can be significant.

ACPO statistics for 2010 show that fixed panic alarms generate the majority of false alarms.2 That year, there were 1.1 million remote alarm systems recorded in England & Wales, with, on average, 20 per cent of them having had at least one false alarm. Of the 251,149 alarms recorded, nearly 85 per cent of them were false – at massive cost to the Police in terms of resources and the management time involved.

Conversely, statistics collated by the British Security Industry Association’s Lone Worker Steering Group3 (comprising the leading solution providers in the UK) show mobile lone-worker alarms are far more efficient than fixed-system, from a false-alarm perspective. In the first three quarters of 2011 there were 135,428 ‘Red Alerts’ (alarms) raised by users of such systems. Over the same period, only 68 false alarms were subsequently passed to the Police – an average of eight a month.

Like any of the solutions already discussed, a mobile lone-worker alarm is obviously not a ‘one size fits all’ proposition but there are clear benefits to deploying them in tandem with other measures and technologies.

Always on hand
A mobile, GSM (Global System for Mobile Communications)-based lone-worker device can be used effectively to reduce the impact of the aforementioned limitations. Lone-worker alarms, because they are carried at all times by the user, offer protection away from the point of sale. Activation is easier and more discreet than with fixed panic alarms. A further advantage is that in the case of ‘man down’, certain devices can automatically alarm if they detect that the wearer has become incapacitated.

Because they use wireless technology (GSM) lone-worker alarms are easy to use, with little ongoing maintenance required. No specialist expertise is necessary, and permission does not have to be sought from site landlords. Lone-worker alarms can also be pooled among staff at the same site.

Any credible lone-worker alarm will capture audio and facilitate operator discernment. Audio evidence can support staff dealing with verbally abusive customers, or as part of a defined process to engage with those suspected of in-store theft.

In particular, those audited and approved against BS 84844 (the British Standard for lone-worker device services) allow a user to benefit from a ‘Type A’ alarm escalation via a URN attached to an Alarm Receiving Centre and thus allowing an element of discernment as part of the escalation process. Typically, a single agreement will cover all the solutions deployed by a single organisation (England and Wales). Such national deployment of systems is quick and effective. Furthermore, it is the ARC, not the retailer, that will be held accountable for any ‘over-enthusiastic’ escalation volumes.

ACPO’s stance on the lone-worker standard is very clear in that only lone-worker solutions approved by a UKAS (UK Accreditation Service) body can guarantee an alarm escalation via a URN. Earlier this year, ACPO compared alarm escalations via a URN (Type A) with a 999/101 call (Type B) and confirmed: “When a Police response is given to a Type ‘B’ alarm, experience shows that there is a significant time delay in despatching a Police response compared to the URN system. This is due to the questions that need to be asked to verify if it is a genuine alarm situation. This time lapse could be vital if a person is in immediate danger.”

ACPO has also confirmed that it is to review its URN charging procedures later this year. This could result in each retail outlet requiring an individual URN, thus increasing the costs to large multiples, should a fixed panic alarm continue to be their preferred solution.
Conclusion

There are myriad measures that employers in the retail sector can use to help prevent and manage the risk of violence to lone workers. The most effective solutions usually arise from the way the business is run, such as staff training, job design and changes to the physical environment. Technological solutions and security equipment do involve a cost but the benefit of having a safer, more confident workforce far outweighs this. Knowing that there are proper support systems in place means staff will feel happier and thus are likely to be more productive and take less time off
Road accidents warrant closer HSE involvement, MP urges                                  

road at sundownThe long-running debate about the HSE’s ‘limited’ remit in respect of work-related road traffic accidents was back on the agenda last week, as MPs discussed how the Government could help reduce the number of driving deaths.

Speaking in the Commons on 20 June, Labour MP Meg Munn referred to figures on work-related deaths and injuries provided by Mike Penning MP, under-secretary of state for Transport, in response to a recent parliamentary question.

She told the House: “He (Mr Penning) said 24 per cent of serious injuries and 30 per cent of road deaths in 2010 could be linked to work-related road traffic accidents. As there is no requirement to report work-related deaths [on the roads], that is likely to be an underestimate. Even using those figures, we are talking about, on average, 11 deaths and 105 serious injuries every week.”

Questioning why deaths and injuries resulting from such accidents are not counted as workplace deaths and injuries, she lamented that a “full picture” is not being provided, adding: “We do not know enough about why and how people at work die on the road, or how many members of the public are killed by people who drive for a living.”

Turning her attention to one serious health problem, obstructive sleep apnoea (OSA) – a breathing condition that can stop people from getting proper restful sleep, resulting in tiredness during the day – she pointed out that medical experts estimate that between 10 per cent and 20 per cent of lorry drivers are affected by the condition, and other sleep problems.

“There are 400,000 large-goods vehicle drivers in the UK, which means a minimum estimate of 40,000 affected drivers,” explained Ms Munn. “The number of road accidents, with the resulting deaths and serious injuries, can be substantially reduced by increasing the number of drivers who are diagnosed and successfully treated for this condition.”

She pressed the Government to ensure that “the HSE’s expertise is brought to bear”, and said organisations that employ drivers as part of their undertaking could contribute significantly to improvements in road safety by screening drivers for health issues in the workplace.

Responding to the MP’s concerns, Maria Miller, under-secretary of state for Work and Pensions, stressed that a number of agencies have a role in enforcing and regulating on road safety matters, not least the Police, as well as the Vehicle and Operator Services Agency and the DVLA, which, among other responsibilities, leads on the medical fitness of drivers.

She also underlined that drivers can experience a broad range of health conditions that could affect their capabilities, such as diabetes, heart conditions and migraines, and this means employers and employees should think “more generally” about their health.

“Given the broad range of health issues involved, it is difficult to set out a definite requirement for each one,” said the minister. “We have to remember personal responsibility and the fact that the legal and moral obligation of all drivers to drive safely and to report any health condition to their employer exists in law.

“OSA is treatable when identified, and we need to ensure that employers are aware of the condition and that they have processes in place to monitor all sorts of health conditions, including OSA, in employees who drive as part of their work.”
October start for HSE cost-recovery confirmed 29 June 2012

money

The HSE’s cost-recovery scheme, known as Fee for Intervention (FFI), will begin on 1 October, subject to Parliamentary approval, the regulator has announced.

As well as confirming the start date for the scheme, the HSE has also published initial guidance explaining how the scheme will work in practice, along with examples illustrating how it will be applied.

The scheme was originally
expected to come into force in April but was postponed following the HSE’s decision to take more time to discuss certain “technical details” and carry out a test run.

Announcing the date of the scheme’s launch today (29 June), HSE programme director Gordon MacDonald stressed that law-abiding businesses will not pay a penny and that the Executive will only recover costs from duty-holders that are found to be in material breach of health and safety law.

“We have worked with industry representatives in shaping the final form of the scheme, and the published guidance explains how the scheme will work and what businesses can do to comply with the law and avoid incurring a fee,” he explained.
 
“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. Firms who manage workplace risks properly will not pay.”

Detailed advice on the scheme’s operation is now available in a newly published guidance document on the HSE’s website. The guidance includes a number of examples of material breaches but does not cover every scenario where FFI might apply. It also explains how the scheme will operate in accordance with the HSE’s existing Enforcement Management Model (EMM) and the Enforcement Policy Statement (EPS).

The process for handling queries and disputed invoices is also covered, although full guidance on these procedures will be published on the HSE website in advance of the Health and Safety (Fees) Regulations 2012 – under which FFI is being introduced – coming into effect.

The new guidance confirms that the fee payable by duty-holders found to be in material breach of the law is £124 per hour, except where work is contracted to the Health and Safety Laboratory, or a specialist third party, in which instances the actual cost to the HSE of the service will be recovered from the duty-holder. The fee includes all work that is needed to identify a material breach and all work to ensure that the breach is remedied.

FFI will apply when an inspector:

  • identifies a contravention of health and safety law;
  • is of the opinion that the contravention is serious enough to require written notification (i.e. it is a material breach); and
  • notifies the person contravening the law of their opinion, in writing, by a notification of contravention, Improvement or Prohibition Notice, or prosecution.
Invoices will generally be sent to duty-holders every two months, and payment is due to the HSE within 30 days of the date of the invoice.

With disputes, all initial inquiries will be treated as a query for which no fee is payable. However, if duty-holders are not satisfied with the response to their query, they can formally dispute the invoice by writing to the HSE and setting out the specific reasons why they do not believe the charge is valid. A fee is payable for handling disputes.

Existing arrangements for making an appeal against an Improvement or Prohibition Notice remain unchanged.

Steffan Groch, a partner at DWF solicitors, said FFI is of particular concern for smaller businesses. “Depending on experience and style, some inspectors may take longer than others to complete the investigation, which will undoubtedly lead to discrepancies across the board, meaning some businesses could pay much more than others,” he explained.

“Apart from knowing that the hourly rate will be £124, businesses will have no way of knowing what the final bill will come to until the very end of the case. What’s more, there appears to be no room for discussion or negotiations until this stage either, as the first time that a business can raise an objection is when they receive the invoice for the investigation. Ultimately, it is smaller businesses that are going to suffer as a result of the FFI regulation.”

The initial ‘Guidance on the application of Fee for Intervention’ is available at
www.hse.gov.uk/pubns/hse47.htm but a final version will be published prior to the start date of the scheme