Wednesday, 25 July 2012

HSE reveals plans to withdraw management ACoP          
   

The HSE proposes to withdraw the Approved Code of Practice (ACoP) for the Management of Health and Safety at Work (MHSW) Regulations as part of a package of proposals outlined in a consultation document launched yesterday (25 June).

The consultation, which seeks views on proposals covering 30 ACoPs, forms part of the HSE’s commitment to review all its ACoPs, as recommended by Professor Löfstedt in his recent review of health and safety legislation.

After an initial review of 32 of its 52 ACoPs, the HSE identified 15 ACoPs requiring revision, consolidation or withdrawal by the end of 2013. The consultation document also asks for views on further plans for minor revisions and updates — by 2014 — to 14 other ACoPs, and on a suggestion that no changes be made to the "Consulting workers on health and safety" ACoP (L146). The final section of the consultation deals with a proposal to limit ACoP documents to 32 pages, with a few exceptions.

ACoPs set out preferred methods to achieve legal compliance and clarify what is required. They are not law, though they do have a special legal status in that if duty holders follow the advice in the code, they can be confident they are compliant. Duty holders may use alternative methods to comply, but if they are prosecuted for a breach, and it is proved that they did not follow the code, they will be found at fault unless they can show the court they complied in some other way.

Among the 15 ACoPs listed for revision, consolidation or withdrawal are well known publications such as the “Management of health and safety at work” (L21), “The Control of Substances Hazardous to Health Regulations 2002 Approved Code of Practice and Guidance” (L5), “Legionnaires’ disease” (L8), “The management of asbestos in non-domestic premises” (L127) and “Workplace health, safety and welfare” (L24). A full list is available here.
The HSE also wants to consolidate the five ACoPs (L134-138) that provide advice on compliance with the Dangerous Substances and Explosive Atmospheres Regulations into a single revised document.

Perhaps the most radical proposal is the complete withdrawal of the MHSW ACoP and its replacement with a suite of structured, specific and updated guidance documents, including “Health and Safety Made Simple”, a revision to the guidance previously branded as “Essentials”, a revised “Five Steps to Risk Assessment” and “Managing for Health and Safety” (HSG65).

The HSE says the “generic” nature of the current MHSW ACoP, which does not describe methods of compliance suitable for different sizes and types of business, leaves duty holders uncertain whether they are complying with their legal obligations. Both the Löfstedt review and Lord Young’s report Common Sense Common Safety singled out the ACoP for reform.

As well as the 30 ACoPs covered in the consultation document, the HSE has identified two other publications – “Rider-operated lift trucks: operator training” (L117) and “The compilation of safety data sheets” (L130) – for revision or withdrawal without consultation, either because changes had been consulted on before the Löfstedt review or because the associated legal provisions have been revoked.

The HSE says it has not yet reviewed the remaining 20 ACoPs because they are “associated with ongoing sector specific consolidations or other regulatory amendments”.

The consultation, which opened on 25 June will run until 14 September.

Unsafe tree work leads to fine for Lincolnshire man

A Lincolnshire landscape gardener has been fined after being spotted carrying out unsafe tree work.

John Holland and an employee were felling a tree at a house in Foxgloves, Deeping St James, on 19 August 2011. They were both using a chainsaw, despite not being qualified to do so and neither was wearing protective clothing such as protective trousers and boots.


In addition, Mr Holland was working in the crown of the tree without any kind of safety equipment that would have prevented a fall, such as a harness.

The two men were spotted by a neighbour who was trained to assess chainsaw work. He reported his concerns to the Health and Safety Executive (HSE), which brought today’s prosecution at Spalding Magistrates’ Court.

John Michael Holland, age 53, of Little London, Spalding, Lincolnshire, pleaded guilty to breaching Regulation 6(3) of the Work at Height Regulations 2005, Regulations 4(1) and 4(2) of the Personal Protective Equipment at Work Regulations 1992 and Regulation 9(1) of the Provision and Use of Work Equipment Regulations 1998.

Spalding magistrates today fined him a total of £4,000 and ordered him to pay costs of £2,000.

After the hearing, HSE inspector Neil Ward said:

"The neighbour was suitably qualified to know that the way Mr Holland and his employee were working was far from safe and Mr Holland could have fallen from the tree at any time. Not only was it wrong of Mr Holland to use the chainsaw without having the necessary qualifications, but it was also wrong for him to expect his employee to do the same. Chainsaws are dangerous pieces of machinery in untrained hands. They can cause serious injury or even death. It is sheer good fortune that no-one was hurt that day.

"Mr Holland should also have been aware of the need to secure himself to the tree. Working at height carries significant risks and all necessary precautions should be taken to prevent a fall."

West Yorkshire firm prosecuted over unacceptable working conditions

A Keighley lighting supplier has been fined for subjecting its staff to ‘appalling’ working conditions and exposing them to risks from defective electrics and welding fumes.

A Health and Safety Executive (HSE) inspector visited the premises of Keylighting Ltd as a result of a number of complaints about the working conditions at the site on Alincote Street.

A catalogue of health and safety failings was uncovered and specialists were called in to examine the electrical systems, a range of hygiene issues, and to assess the safety management of the welding and powder spraying process.

Bradford Magistrates’ Court was told that during an occupational hygiene inspection in December 2010 an expert found temperatures in various parts of the building ranged from just four degrees centigrade in the toilets to ten degrees in the stores and welding areas.

As a result of these findings five Improvement Notices were served on Keylighting by HSE.

Seven more Improvement Notices were served by HSE after an electrical specialist found an eight-month-old report from a separate company had revealed 70 defects on the electrical system, seven of them requiring urgent attention.  Not one of the faults had been acted upon.

The various investigations also found the toilets in a dire state with blocked sinks, out of order cisterns which were still being used, no running water for hand-washing and rubbish strewn around. They were deemed to be a high disease risk to anyone using them.

In the welding area, there was no ventilation to remove fumes and the protective equipment for the workers was ineffective.  In one of the spray booths, an operator was found with powder contamination around his face, neck and hands and extensive powder dust had escaped from the booth.

Keylighting Ltd, of North Brook Works, Alincote Street, Keighley, was prosecuted by HSE for breaching the Health and Safety at Work etc Act 1974 between 25 May 2010 and 25 January 2011. The company pleaded guilty and was fined £8,000 with £20,000 to pay in costs.

After the hearing, inspector Morag Irwin, who made the first visit to the premises following the complaints, said:

"This was, without doubt, the worst workplace I have inspected in more than ten years with HSE. The conditions the employees had to endure at work were totally unacceptable, a threat to workers’ health, and in breach of many health and safety regulations.

"During the coldest December in more than a century, some employees were working in temperatures only a few degrees higher than they were outside. A report highlighting serious electrical hazards had been allowed to gather dust.

"There was no one at the company with the competence to manage even the most basic levels of  health and safety. If any employer shirks their responsibility and ignores legislation, putting their workers at risk, it is only right that HSE takes enforcement action.

Demolition firm fined for safety failings

A demolition firm and its director have been fined for endangering workers at a site in Lancing, West Sussex.

The Health and Safety Executive (HSE) prosecuted Rabbit Demolition and Excavation Ltd and its director, Colin Bell, for not providing a safe means for working on a roof during the demolition of the Ball Tree Inn, on Busticle Lane, Sompting, between the 12 and 21 September last year.

Worthing Magistrates' Court heard today (16 July) that a member of the public sent HSE a photograph showing workers on the site, run by Rabbit Demolition, removing roof tiles from the former pub with no edge protection in place to prevent falls. One worker was also shown to be standing in the bucket of an excavator being driven by Colin Bell.

HSE investigated and found working practices were unsafe and unnecessary, and that edge protection in the form of scaffolding could have been provided.

Alternatively, the work could have been safely carried out using a mobile elevated working platform.

After the hearing, HSE inspector Denis Bodger said:

"Falls from height account for more deaths and serious injuries in the construction industry than anything else. This was a clear example of unsafe working on a roof. One slip and someone could easily have been killed or seriously injured.

"It is staggering that Colin Bell not only allowed such unsafe work practice but actually participated in it.

"Contractors carrying out construction work, including demolition, should properly plan, manage and monitor the work to ensure that it is carried out safely. Where work at height is undertaken, precautions should ensure that people can not be injured from falling. If people work on roofs to reclaim tiles, edge protection in the form of guard rails or other equally effective measures must be provided."

Scaffold collapse leads to fines

Two Stoke-on-Trent companies have been fined for their part in a major scaffold collapse.

Seventy metres of sheeted scaffold peeled away from a row of houses in Wellington Road, Hanley, on 30 April 2011.

Fortunately workers were on a break so no-one was on or near the scaffolding at the time of the collapse. No members of the public were walking past and no vehicles were driving by, although a row of parked cars received minor damage and a street lamp was destroyed.


Potteries Demolition Company Limited was the principal contractor on the Stoke City Council scheme to demolish 15 terraced houses and the former Highland Laddie pub on one side of Wellington Road.  The firm appointed Jacko’s Scaffolding Limited to provide scaffolding.

A Health and Safety Executive (HSE) investigation found the scaffold had not been built to  an appropriate bespoke design and was not sufficiently secured to the houses. In addition it was a particularly windy day with the Met Office recording gusts of up to 46mph in the area, which put extra pressure on the sheeted scaffold.

Stafford magistrates were told that the original scaffold provided by Jacko’s was a basic scaffold provided for roof tile removal and as such it did not require a bespoke design. However the next stage in the demolition sequence required the scaffold to be altered and sheeting added, as it was to be used as a work platform to facilitate hand demolition of the front upper walls of the buildings. This meant that the scaffold needed to be a bespoke design as it could become vulnerable to collapse as the buildings it was tied to were demolished.

After today’s hearing, HSE inspector Andrew Bowker said:

"It was sheer good luck that no-one was hurt when the scaffold collapsed. If anyone had been on it or nearby, it would have been a very different story.

"This incident was caused by a catalogue of serious failings by both companies.
The failure to construct the scaffold to a suitable design for the work meant that the scaffold ultimately could not withstand the effects of wind loading as the buildings upper walls were demolished and first floor anchor ties were removed.


"Potteries Demolition the Principal Contractor failed to effectively co-ordinate, plan and manage the demolition sequence in order to ensure that the scaffold safety was not compromised. They failed to ensure that the sheeted scaffold was constructed to a suitable bespoke design despite knowing that this was necessary. They failed to inspect the scaffold and removed anchor ties during the demolition sequence ignoring written instructions on the scaffold handover certificate not to do so"

Jacko’s scaffolding failed to construct the scaffold to a suitable design despite knowing that this was necessary. They failed to inform Potteries Demolition that the sheeted scaffold they handed over was not adequately tied for the façade demolition to start.

Both companies failed to ensure that the anchor ties that were fitted were suitably tested.

Jacko’s Scaffolding Limited, of Winghouse Lane, Tittensor, Stoke-on-Trent, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974. Today, Stafford Magistrates’ Court fined the firm £5,000 and ordered it to pay costs of £2,992

Demolition

What you need to do

The law says that all demolition, dismantling and structural alteration should be carefully planned and carried out by competent practitioners. Key issues are:

A systematic approach to demolition projects is a team effort between many people, who all have responsibilities:

  • Clients must appoint dutyholders who are competent and adequately resourced.
  • Structural engineers survey the site and assess the stability of nearby structures the risks of uncontrolled collapse,and the risks from hazardous materials. This should be done before work beginsa nd not be left for the principal contractor to organise.
  • CDM Co-ordinators plan effective site management that keeps people (site workers and the public) as far as possible from the risks. They should give principal contractors as much information as possible.
  • Principal contractors co-ordinate and manage health and safety issues during the demolition project.
  • Site managers supervise workers and ensure they are following safe working practice. 
  • Sub-contractors and site workers must understand and follow the precautions and ensure that their colleagues do too.

Wednesday, 18 July 2012

Health surveillance


Health surveillance means regularly looking for early signs of work related ill health and putting procedures in place to achieve this.

The purpose of health surveillance is to monitor and protect the health of individual employees.

Collecting simple information may lead to early detection of ill health caused by work and identify the need for improved control measures.

All employees exposed or likely to be exposed to an asthmagen should receive suitable health surveillance.

The specific requirements are set out in COSHH and might involve examinations by a doctor or trained nurse.