Monday, 19 December 2011

Lofstedt Review

In summary the key points are as follows:


“The problem lies less with the regulations themselves and more with the way they are interpreted and applied”

Consolidating the regulations should reduce them by 35%

Health and Safety ( First Aid ) Regulations 1981 – remove the requirement for HSE approved training and qualifications

CDM Regulations 2007 – evaluate its effectiveness by April 2012

RIDDOR 1995 – to be amended by the end of 2013

Electricity at Work Regulations 1989 – clarify requirement for portable appliance testing by April 2012

Work at Height Regulations 2005 – review by April 2013

Display Screen Equipment Regulations 1992 – question the need for eye tests


Friday, 18 November 2011

New support for SMEs to tackle drug and alcohol abuse

A European initiative, which aims to provide guidance for small businesses on how to deal with employees with drug or alcohol problems, has launched an electronic learning package and training course to help managers tackle the issue.

The Maximising Employee Potential by Minimising the Impact of Substances (MEPMIS) Project is being funded by the Leonardo Foundation, which is part of the European Commission’s Lifelong Learning Programme. It brought together seven European partners including a university, a research agency, three consultancies, a web design firm, and an IT company. The partners were based in the UK, Ireland, Greece, Hungary, Italy, the Netherlands and Poland.

The project features a dedicated website, which has an electronic learning package and a face-to-face training course that is dedicated to reducing absenteeism and under-performance caused by workers’ alcohol, or drug use.
Research by Alcohol Concern revealed that between 11 and 17 million working days are lost in Britain each year because of excessive drinking, and 10 per cent of a typical workforce is said to have an alcohol, or drug problem.

The e-learning and face-to-face training resources are modular and include sections on: examining the best corporate approach to tackling drug and alcohol use; legal principles that underpin any action, including health and safety law, human rights legislation and data protection; managerial knowledge, skills and competencies, which include spotting signs and symptoms, and discipline and support; testing; substances of concern and how they affect behaviour and performance; and putting theory into practice.

Project leader John Griffiths, of work2health Ltd, said: “We spoke to managers and occupational health and safety professionals in each country and asked them what they perceived as their main challenges in this area, and what they felt they needed in terms of information and support. It is one of the key personnel issues they feel least equipped to deal with.

“They are aware that this problem, and associated issues such as testing, can be a legal and social minefield and they want to know what actions are open to them, what’s expected of them, and what the sensitivities are.”
He added: “This is a complex issue; the problem cannot be ignored but employers who think they can simply dismiss workers, or force them to undergo tests without developing and implementing proper policies, procedures and training are likely to run into trouble.

“One of the main aims is to build skills; many companies do not possess the tools to enable their managers to deal with substance use at a corporate level. That’s the value of this new resource.”

Full details of the project can be found at www.alcoholdrugsandwork.eu

New portal for finding CDM-compliant construction contractors

Safety Schemes in Procurement (SSIP) has introduced a new internet portal that aims to improve standards of health and safety in the construction industry and simplify the process of contractor assessment.

SSIP says the portal provides instant verification of thousands of construction contractors who have successfully completed a rigorous CDM 2007 Core Criteria Stage 1 assessment. Contractors that have been assessed by an SSIP scheme can demonstrate to any client, or main contractor that they meet the recognised standard for health and safety performance without filling in additional questionnaires.

Unlimited access to the portal will cost £100 a year. SSIP says all revenues from the portal will be ploughed back into improving its service to the construction industry.
Simon Mantle, chair of SSIP, said: “Clients seeking complete assurance that a contractor is CDM-compliant can quickly type the company’s name into the portal and check if they hold current certification from an SSIP member.  This saves time and cost for the client company, enabling them to get on with Stage 2 assessments.”

According to SSIP, an estimated 5000 clients collect information on 180,000 contractors every year, using more than 2 million questionnaires, at a cost to industry of £1 billion. “The streamlined SSIP process and our new portal will save everybody time and money while providing assurance that robust and consistent assessment processes have been followed,” Mantle said.


The SSIP portal has been developed and is maintained by SSIP member Altius Vendor Assessment, which also provides the online payment process. Another scheme member, Exor Management Services, has provided the administration process for handling customer log-ins.

For more information, go to: www.ssipportal.org.uk

Risk of structural collapse not identified by designer

One of Northern Ireland’s largest construction firms has been fined a total of £75,000 after a section of a portable office unit caved in on top of an employee, fatally injuring him.
Sitting on 5 October, Antrim Crown Court heard that on 19 September 2006, Desmond Stevenson, 62, a joiner employed by Henry Brothers, had been removing temporary bracing inside a section of a pre-fabricated unit that was being repositioned to another location 1000 metres away, at RAF Aldergrove, 15 miles from Belfast. The firm had been moving ten of the units as part of a £7.5m contract it had secured.
 

Ken Logan, an HSENI inspector who was part of the investigating team, told SHP that the bracing that should have supported the structure during relocation had been inadequate. “The problem was, that when the operation was being planned at the design stage, nobody considered the potential for it to collapse,” he said.

He went on: “It was clearly foreseeable that there was a risk of the structure collapsing. The lead designer, Anthony Stewart, and Henry Brothers should have realised this state of instability and instructed structural engineers to design an adequate temporary bracing system to be placed inside the line of the structure, so that it could be put in its final position and only then the temporary bracing system removed. They did not do so and, as a result, a 62-year-old joiner paid the ultimate price.”

Henry Brothers (Magherafelt) Ltd had previously pleaded guilty to breaching Article 4(2)(a) of the Health and Safety at Work (NI) Order 1978 by failing to ensure a safe system of work, and reg.9(1) of the Construction (Health, Safety and Welfare) Regulations (NI) 1996 by failing to ensure the stability of a structure. It was fined £60,000 on the first charge and £15,000 on the second.

Stewart was fined £5000 after pleading guilty to a breach of Article 8(a) of the Health and Safety at Work (NI) Order 1978 by not ensuring the safety of himself and other persons. No costs were awarded against him.

“Designers have an obligation to design out risks, or identify them so that they can be properly managed,” inspector Logan said. “In this case the residual risk of collapse was not identified and clearly should have been. If it had been identified, this fatal accident would have been prevented.”

In mitigation, Stewart said he had not fully appreciated his role and responsibilities as a designer in the operation. Henry Brothers said it had a very good health and safety record. It had put its employees through extensive training to ensure such an incident could never happen again. There were lessons to be learned and they had taken them on board. Both expressed their condolences to the victim’s family.

Henry Brothers was ordered to pay a contribution to costs of £15,000.

Thursday, 3 November 2011

Government cagey about future of HSE website

The Government’s website rationalisation programme and decision to plough ahead with the development of a single government domain to host all main public information has thrown the future of the HSE website into doubt.

A Cabinet Office report released last month shows that 444 central government websites are currently open, compared with 820 last year. The streamlining process aims to reduce unnecessary spending and, at the same time, pave the way for a single government Web domain.

This domain – a recommendation made last year in a government-commissioned report by lastminute.com founder Martha Lane Fox – would host all key public information, building on the services delivered through the Directgov website, as well as offering additional features and reducing the need for individual government sites.

Rumours that the HSE website could be under threat began to circulate following publication of the minutes of the HSE’s Tyre and Rubber Industries Safety Action Group’s meeting in April. The minutes read: “HSE’s website – this may become part of the ‘DirectGov’ website, along with all other Government departments and agencies. Safety Action Group (SG) members expressed their concern at this possibility.”

On seeing these minutes, John Hamilton, head of safety, health and well-being at Leeds Metropolitan University, made some inquiries last month to the HSE, which replied: “There are no current plans to close down HSE’s website and it remains an important resource for both employers and employees.”

Indeed, the wealth of information on the website was one of the main reasons why the HSE decided to sacrifice its Infoline telephone service, which closed in September as part of an efficiency measure. Since then, the Executive has been encouraging businesses and members of the public seeking information and official guidance on health and safety to visit its website, which it describes as “a huge knowledge bank where people can access and download information free of charge and use interactive Web tools”.

The HSE website currently receives 26 million visits a year and had 11,546,036 unique users in 2010/11. It has recently been enhanced with interactive tools for low-risk businesses and an expanded ‘frequently-asked questions’ section.

Only 134 of the 444 central government websites currently live have been given approval to stay open. However, although a Cabinet Office spokesperson confirmed to SHP that Work and Pensions Secretary Iain Duncan Smith had requested that the HSE website be retained “for the time being”, he added: “The list of websites that may be retained pending decisions around the single domain will continue to be reviewed from the perspective of cost-efficiencies in effective communication with the intended audiences.”

User data from the Cabinet Office show that the HSE site performs very well against other government sites – a factor that should be taken into account when any decision is made on its future. A snapshot of the statistics show that:
  • 72.9 per cent of users – got most, or all of what they needed;
  • 81.7 per cent – said they were satisfied, or very satisfied;
  • 91.2 per cent – described the site as good, or very good for ease of use;
  • 79.8 per cent – described the site as good, or very good for ease of finding information;
  • 83.8 per cent – described the site as having a good, or very good search facility; and
  • 92.7 per cent – would definitely or probably recommend the site to others.
The Cabinet Office spokesperson told SHP that the HSE is not part of the beta project for the single domain and that “there are no plans to migrate HSE content on to the test site”. He added: “The beta development of a single government domain will go live in early 2012. The project will then be assessed and the way forward developed following the results of the beta launch.”

Work-related injury and ill health levels continue downward trend

Levels of work-related injury and ill health in Britain continued to fall last year, according to new statistics released today (2 November).

HSE figures for the period between April 2010 and March 2011 show that there was a 6-per-cent drop in both major and serious injuries among employees. The former – which include amputations, fractures and burns – decreased from 26,268 in 2009/10 to 24,726 last year, while over-three-day injuries went down from 96,427 to 90,653. The latest figures correspond to injury rates per 100,000 workers of 99 and 363.1, respectively.

The most common causes of major injuries were slips and trips, and falls from height. Most over-three-day injuries were caused by handling, lifting, or carrying, and slips and trips. Transport and storage, construction, manufacturing and health and social work had significantly higher rates of injury than other sectors, while the occupations with the highest injury rates included process, plant and machine operation and skilled trades.

As in previous years, the construction and agricultural industries reported the highest levels of major work-related injuries, with rates per 100,000 workers of 173.2 and 221.9, respectively.

In terms of ill health, some 1.2 million people suffered from an illness caused, or made worse by their work, down from 1.3 million in 2009/10. Around half a million were new cases, i.e. arising among workers in the last 12 months, and around three-quarters of these were either musculoskeletal or stress disorders. The latter, which includes anxiety and depression, gave rise to the most working days lost.

The new figures follow the announcement in June this year of the number of workplace deaths in 2010/11, which, at 171, represented an increase of 16 per cent on the previous year’s record low.

Altogether, the figures confirm that Britain has the lowest rate of fatal occupational injuries and one of the lowest levels of work-related ill health in Europe. Its record on workplace injuries is in line with that of other large economies, such as Germany, France, Italy and Spain.
 
HSE chair Judith Hackitt said: “The fall in the number of people being injured by work is, of course, to be welcomed but we did also see an increase in the number of fatalities during the year. Britain can be proud that it has one of the best health and safety records in Europe but as the increase in the number of fatalities makes clear, we can never let up in our commitment to addressing the serious risks which continue to cause death and injury in workplaces.”

She concluded: “The HSE will continue to work with employers, employees and other organisations to maintain and, where necessary improve, health and safety standards. We all have a responsibility to make sure serious workplace risks are sensibly managed.”
But construction union UCATT said the figures were “a terrible indictment of the dangers faced by construction workers”.  Acting general secretary George Guy added: “The rise in deaths came at a time when workloads are low. As work levels increase and new workers enter the industry, I fear that death rates will rise.”

IOSH welcomed the “slightly improved” injury and ill-health figures but emphasised there was more to be done. Said head of policy and public affairs, Richard Jones: “In the current climate it can be difficult to tell whether these figures show genuine improvement in occupational safety and health management, or whether they reflect lower levels of industrial activity during this period of austerity.”
Enforcement levels in 2010/11 – before the 35-per-cent cut to the regulator’s budget and its subsequent scaling back of enforcement in certain sectors – rose, with the number of health and safety cases prosecuted by the HSE up 9 per cent. Its conviction rate among the 551 cases that came to court was 94 per cent. The total amount of fines levied was £18.6 million, giving an average penalty on conviction of £35,938 per case. Local authorities prosecuted 129 cases – an increase of 10 per cent on the previous year.

A total of 11,020 enforcement notices was issued by the HSE – up 13 per cent on 2009/10 – with Improvement Notices showing the greatest increase (up 23 per cent).

No trade-off between protection and growth, minister tells regulators

Businesses taking on more regulatory responsibilities and enforcement authorities giving greater recognition to companies’ efforts to comply with the law are two of the tenets of the Government’s vision for a better regulatory environment, Business minister Mark Prisk said yesterday (1 November).

Addressing the Local & National Regulators annual conference, Mr Prisk called for a more mature relationship between business and regulators, as well as a more accountable and transparent system of local regulation.

Following on from Deputy Prime Minister Nick Clegg’s speech to small businesses last week, Mr Prisk highlighted the importance of regulation in creating economic growth, but insisted that a trade-off between protection and growth is not inevitable. Instead, he concentrated on proposals designed to build on the relationship between business and regulators, including:
  • more use of co-regulation – where business shares a degree of regulatory responsibility – for example, through industry bodies setting professional standards;
  • greater ‘earned recognition’ – where regulators recognise business activities that support compliance and reduce intervention;
  • creating Local Enterprise Partnerships (LEPs) – where businesses and regulators are brought together to improve the transparency and accountability of local regulation; and
  • clearer, more straightforward guidance – so that businesses, particularly SMEs, have greater access to clear guidance on what they need to do to comply.
The minister explained that when regulation becomes “heavy-handed, inefficient, prescriptive and risk-averse” it prevents businesses from growing and creating jobs. But, he added: “It is nonsense to say that there must be a trade-off between protection and growth. That is a simplistic way of looking at a complex issue.

“The challenge is to transform the regulatory landscape so that the system delivers essential protections while avoiding unnecessary interference in the day-to-day work of hard-working business people seeking to innovate and grow, and thereby delivering the jobs and wealth we need.”

Mr Prisk went on to praise the Local Better Regulation Office’s (LBRO) Primary Authority Scheme, which allows businesses spanning local-authority boundaries to nominate a particular authority under whose regulatory regime they will operate. He said he would like to see the Scheme extended to cover more businesses, more policy areas, and deliver more earned recognition for businesses.

Commenting on the minister’s speech, John Walker, national chair of the Federation of Small Businesses (FSB), said: “We know that a third of FSB members view regulation as the most significant obstacle faced by their businesses and that includes inspections too. The FSB has, for many years, called for a more cooperative inspection regime, where all inspectors understand the needs of small businesses, provide advice and support, work with them in a positive way to achieve compliance, and focus on real risks, not box-ticking.

“Guidance also needs to be clearer and more accessible for small firms and, when small businesses have a proven track record of good compliance and procedures, this should be taken into account by the inspector.”

In a separate development, a new Common Approach to Competency for regulators has been launched. The framework comprises a set of agreed core skills for regulators to acquire and develop, and is supported through Web-based resources for personal development planning.

Developed by the HSE, the Regulators’ Development Needs Analysis (RDNA) has been used within health and safety regulation for more than two years. In partnership with a coalition of local and national government regulators, including the HSE, the LBRO has now built on the Executive’s work and devised the Common Approach to Competency to be used across other local-authority regulatory services functions, such as trading standards and environmental health.

Said Kevin Myers, deputy chief executive of the HSE: “Our experience shows that the RDNA approach provides more tailored and cost-effective learning and development for regulators, and an effective means to build and maintain relevant competence. This is, of course, good for them as individuals, good for the organisation, and, most importantly, good for the businesses they regulate and the people protected by it.”

The LBRO, meanwhile, is to be replaced by a new organisation within the Department for Business. The new body will retain the LBRO’s independence and draw on its staff and expertise.