At our recent round of breakfast clubs we discussed the HSE Judicial Review being brought by OCS Group after the FFI fine imposed upon it by HSE linked to its operations at Heathrow Airport.
Key to the review was the HSE being able to act as a ‘judge in its own cause’ – something which was, unsurprisingly, at odds with others areas of review and something of a legal issue.
To complicate matters further, HSE is now headed by Mr Martin Temple, the same person who undertook an independent review of FFI when at the EEF and within that review called FFI a ‘dangerous model’.
Given the above and the arbitrary process of appeal it won’t come as too much of a surprise to see that HSE has chosen to settle the case early and also to withdraw the FFI imposed on OCS plus pay its costs.
Changes will be in place by 1st September 2017: HSE Judicial Review
Changes are now afoot to make the process of appeals completely independent of HSE by 1st September 2017. More than this a consultation exercise should ensure that all stakeholders will now have the opportunity to voice their opinions on how that new process might operate.
Watch this space for more news.
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Warburtons Limited, a large national breadmaker has been fined £2 million plus costs of £19,609.28 after a worker carrying out routine mixing machine cleaning lost his footing and fell nearly 2 metres to the floor below.
He was hospitalised and suffered a compression fracture to his spine and was unable to return to his work for several months. He was unable to return to his original role and was dismissed in December 2015 after a long period of sick leave.
An HSE investigation found that the firm routinely asked its employees to access the top of the mixers when they undertook cleaning tasks, in order to do this the workers had to access and then brace themselves to prevent themselves from falling.
It was found that supervision was not adequate and no training had taken place on how cleaning risks at height could be controlled.
HSE Inspector Mahesh Mahey commented;
“This case highlights how important it is for companies to fully assess the risks from work activities at height and to take appropriate action to prevent injury in the workplace.
This should have been prevented, falls from height is one of the biggest killers in the workplace and even falls from fairly low levels can be extremely dangerous. Mr Sears life has been changed forever but his injuries could have been more severe.”
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Both a Principal Contractor and other contractors have been fined following a worker falling over 7 metres through a fragile roof which was being replaced.
Our belief is that the client was lucky not to be prosecuted as a key requirement on them is to ensure that those they appoint are competent and adequately resourced – a point of note for all clients. If the case had been heard under the 2015 Regs the client would also be likely to have been found guilty.
Rafal Myslimm was standing on a asbestos sheeting when this gave way and he fell to the concrete floor below, as he fell he hit a number of metal pipes – no safety netting or other fall protection had been provided, he suffered a haematoma to the brain.
HSE found that three companies were at fault, Dengie Crops Ltd had contracted Ernest Doe & Sons Ltd, an agricultural machinery supplier, to help the company replace their roof. However, they recognised that they themselves lacked the appropriate experience and subcontracted the work to Balsham ( Buildings) Ltd.
Balsham assessed the requirements and subsequently subcontracted the replacement work to Strong Clad Ltd.. However, Ernest Doe & Sons Ltd remained the Principal Contractor under the CDM Regulations but were unable to perform this role effectively due to their lack of experience in construction, it shoudl be noted that Balsham had highlighted to them the risk of a fall.
Outcomes
None of the three parties involved put in place safety measures for the 40% of the roof which was not protected with safety netting and relied too heavily on the verbal briefings to workers regarding where the netting was situated, rather than simply putting in place these measures for the whole roof.
Ernest Doe & Sons Ltd – of Ulting, Essex, pleaded guilty to breaching Regulation 22 of the Construction (Design and Management) Regulations 2007 and were fined £360,000 and ordered to pay costs of £10,000
Balsham (Buildings) Ltd – of Balsham, Cambridge, pleaded guilty to breaching 4(1)(a) and 4(1)(c) of the Work at Height Regulation 2005. They were fined £45,000 and ordered to pay costs of £7,000
Strong Clad Ltd – of Castle Hedingham, Essex, pleaded guilty to breaching 4(1)(a) and 4(1)(c) of the Work at Height Regulation 2005. They were fined £7,000 and ordered to pay costs of £3,000
HSE inspector Adam Hills said:
“The dangers of working on fragile roofs are well documented. Every year too many people are killed or seriously injured due to falls from height while carrying out this work.
Work at height requires adequate planning, organisation and communication between all parties. This incident was entirely preventable and Mr Myslim is lucky to be alive.”
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As we have a cold weather front approaching and some real winter may well be approaching… that leads us to the old stories and tales about slips on ice and who is responsible.
Most of what we hear from good intentioned colleagues has to be taken with a pinch of salt – even advice from experts can be somewhat hit and miss.
We can argue that ice is naturally occurring but case law leads us to recommend that anti slip overshoes or similar may be a wise investment for some staff, particularly those visiting homes without the benefit industrial footwear.
Read on below for some case law covering a real slips on ice case.
Kennedy v Cordia
This is one of the most significant cases in this area and concerns a care home worker who, in December 2010, slipped on a path. She had been making an essential visit during that period of very cold weather, wearing flat shoes with some ridging of the soles but they were not a match for the icy path conditions. She fell and broke her wrist and the case was eventually heard at the Scottish Court of Session in August 2013 where the Court found in her favour and against her employer, Cordia (Services) LLP.
However, her employer appealed the case and was successful in its defence BUT the case was then referred to the Supreme Court which then concluded that Cordia (Services) LLP were liable after all. Hope you are following this so far!
The above gives some insight into both the legal process and the difficulty of the courts in deciding who is actually at fault. The key issue was the fact that icy conditions had been identified as a risk AND that similar accidents had occurred in the past, this meant that ice could be seen then as an obvious hazard affecting the worker.
One other key fact was that staff were advised to wear appropriate footwear but that this was not specified in terms of what appropriate was. Other similar businesses (mostly larger ones) had begun to provide anti slip over shoes (Yaktrax and similar) and it was decided that their provision would have been reasonable to expect in the circumstances. The company was found guilty under the Personal Protective Equipment at Work Regulations 1992.
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Health is becoming the central thrust of any HSE visit and with good reason, health causes a huge impact on individuals and a massive strain on our NHS. However, not all safety professionals are aware of these risks well enough to control them and that’s where expert, external, independent advice can be invaluable.
Alveolitis is a condition of the lung caused by the inhalation of the mist created by metal working fluid when machining – particularly at higher speeds.
The Hazards of Metal Working Fluids (MWF) Alveolitis
Exposure to MWF can be hazardous in several ways but dermatitis from skin contact and lung problems from inhalation are the two major issues. Biocides are often introduced into MWF’s to stop bacterial growth and this gives the clue about what can happen to the lungs when a fine mist is inhaled by workers.
Over a period of time workers may develop a number of ill health conditions including;
bronchitis;
irritation of the upper respiratory tract;
occupational asthma;
or, most seriously, extrinsic allergic alveolitis (EEA).
If you use MWF then seek to control exposure by minimising the volume and rate of delivery at the cutting point or seek to capture mist or enclose it within CNC machines. If you use a small bright torch with a focusing beam you may be able to seek where and how mist is rising from the process – we issue these torches for free to our clients so if you need one please ask – we’ve helped many businesses with this simple tool.
Martin Baker Aircraft Company has been fined £800,000 after three of its workers developed Extrinsic Allergic Alveolitis (EEA).
EEA is often caused when workers inhale contaminated metal working fluids as a mist when high speed machining is taking place, these fluids can provide a home for bacteria and other organisms to breed and lead to serious and ongoing illness.
Extrinsic Allergic Alveolitis
EEA is a condition which causes the small air scacs within the lungs (alveoli) to become inflamed in an allergic reaction. Symptoms include coughing, shortness of breath and joint pain.
The three workers suffering from the condition had been exposed to MWF mist for three years and were among a group of 60 staff which the HSE found to have been put at risk. One of the workers was said to have become virtually paralysed by the illness and the two others have become restricted in the types of work they can undertake in future as they must now avoid contact with the substance.
HSE investigation leads to massive fine
The HSE investigated and found that Martin Baker Aircraft Company (MBAC) had not done enough to reduce the risk with no system of cleaning away the excess fluid and a lack of extraction to prevent the build-up of MWF mist. In addition, they found that there was also a lack of health surveillance (required under Regulation 11 of COSHH.
In court MBAC pleaded guilty to breaching s.2 (1)Health and Safety at Work etc. Act 1974 and Reg 6(1) Control of Substances Hazardous to Health Regulations 2002 . It was fined £800,000 with £36,912 in costs – one of the highest ever penalties for occupational health offences.
Contact us on 01453 800 100 if you need expert help with health and safety for a fixed cost or request a call back.
Watch our video on occupational health to learn more about how we can support you on this and similar issues.
The Board of HSE met in December to discuss the draft HSE Construction Sector Plan for construction for the coming 3-5 year period, the summary of the points for consideration are listed below with the emphasis being placed on Health, Smaller Business and CDM 2015;
HSE Priorities (HSE Construction Sector Plan)
Health Hazards – reducing incidents of ill-health, with a particular focus on occupational lung disease and musculoskeletal disorders;
Small Businesses – supporting small businesses to achieve improved risk management and control; and
CDM Regulations 2015 – embedding the principles of the Construction (Design and Management) Regulations 2015 (CDM).
HSE will secure effective management and control of risk by:
Project Regulation– directing inspection and enforcement at those failing to manage and control risks, focusing on health risks refurbishment, and licenced asbestos removal;
Central interventions – visiting dutyholders to review their health risk management arrangements using leading indicators in the Construction Health Risks Toolkit; and
CDM 2015 Pre-Construction Phase– intervening with construction clients, principal designers and designers to ensure proportionate CDM understanding and compliance, working with or through other health and safety regulators (eg ONR) where necessary.
HSE will lead and engage with others to improve workplace health and safety by:
HealthOwnership– working with the Health in Construction Leadership Group in promoting the ownership by industry of good health risk management, and the development of case studies and health-specific leading indicators;
Awareness Research– funding communication insight research enabling improved risk awareness, management and mitigation in small and micro businesses;
CDM 2015 for SMEs – helping small businesses to comply proportionately with CDM, eg case studies on social media;
Designer Risk Mitigation – working with professional bodies to enhance the competence of designers through the effective teaching of design risk mitigation across built environment higher education courses;
BIM Promotion – demonstrating the effective use of building information modelling (BIM) to improve risk information sharing, coordination and collaboration throughout the construction process; and
Manual Handling – working with supply chains to reduce risks from manual handling.
HSE will reduce the likelihood of low-frequency, high-impact catastrophic incidents by:
Major Projects – early and strategic interventions with major projects, including Crossrail, HS2, Thames Tideway, power generation decommissioning and new build; and
Risk Leadership – working with industry to develop clear standards of construction risk leadership and leading performance.
Contact us on 01453 800 100 if you need expert help with health and safety for a fixed cost or request a call back.
When you start out in health and safety you usually end up on a 10 day NEBOSH Certificate and this is often taught in a college. You all file down to an old engineering workshop and are told about holding emery cloth on lathes (polishing on lathes and the terrible injuries it can cause.
However, you suspect that when you get into industry proper you won’t see such an obvious breach of the Regs and good common sense… how wrong you were.
Polishing on lathes still causing injuries at work
These accidents are as old as lathes themselves but we’re still seeing the awful injuries which result from them, read on to find out more and perhaps make this the subject of a toolbox talk or take a quick walk down to engineering and just do a double check for used pieces of emery cloth…
Cammell Laird Shiprepairers and Shipbuilders Ltd has been fined £400,000 after a workman suffered serious injuries whilst carrying out repair work on a lathe.
The 59 year old worker from Ellesmere Port suffered fractures and crush injuries to his right hand and was off work for 5 months after carrying out repair work to a lathe the 20th July 2015.
Liverpool Magistrates Court heard on 5 December that while he was repairing the lathe he noticed that the shafts and couplings were dirty decided to clean these parts by wrapping an emery cloth around the lead screw with the lathe under power. This resulted in the rotating machine parts pulling him to the moving parts of the machine.
The company pleaded guilty to a breaching Section 2(1) of the Health and Safety at Work etc. Act 1974 and was fined £400,000 And ordered to pay costs of £7,683.
Speaking after the hearing HSE Inspector Karen Fearon said:
“The Defendant had developed a Health and Safety Management System (HSMS) but failed to ensure that the system had permeated all parts of the organisation. If the HSMS had been followed this accident may not have occurred.
Maintenance was being carried out on machinery which was energised whilst someone was in the dangerous part of that machine. There was no lock off, poor control and poor management. Prior to maintenance the equipment was not shutdown, isolated and residual energy released and secured with a means to prevent inadvertent reconnection (e.g. by locking off with a padlock) as it should have been.”
Contact us on 01453 800 100 if you need expert help with health and safety for a fixed cost or request a call back.
Don’t miss this opportunity to hear from experts on exactly how to keep you staff safe when working with electricity. To secure a place(s) please complete the registration page at: Shockingly Good Advice; Free Event from WWT Southwest; Book your free place now!
Topics covered will include:
Electrical safety;
Management and planning of Asbestos & Non-licensed removal;
Introduction to HAVCR safety;
Managing stress and behavior in the workplace;
Cable detection – a practical approach.
The event will consist of talks and demonstrations with the opportunity to ask questions from those within the industry. Whether you are a self-employed jobbing builder or run a small building company this free event is a must.
9.05 a.m. – 12.00 noon- The programme will consist of talks and demonstrations on:-
Electrical Awareness, including Electrical Safe Isolation, Accidental Procedures, Complacency, Water with Electrics, PAT Testing
Asbestos Awareness & Non-licensed removal overview management and planning
HVAC Service & Maintenance in the Building Services industry – features and benefits
CAT & Genny – practical demonstration
Stress in the workplace – Signs of stress and how to manage
You will be asked to complete a feedback form in return for a attendance certificate.
For further information contact Tina Smith T: 01453 828555 Email: tsmith@sanctustraining.co.uk
Mid-morning Break will include Tea/Coffee with Breakfast Roll. You will be asked to complete a feedback form in return for an attendance certificate.
The event will consist of talks and demonstrations with the opportunity to ask questions from those within the industry as well as an HSE inspector.
Whether you are a self-employed jobbing builder or run a small building company this free event is a must. Places at this event are limited and it is likely to be highly popular – BOOK NOW!
Contact us on 01453 800 100 if you need expert help with health and safety for a fixed cost or request a call back.
A local authority (acting as a CDM Client) and its two contractors have been fined in excess of £1.5 million following two incidents involving roadworks on a busy Liverpool city centre road. A man died and another was seriously injured while attempting to cross Queens Drive in Liverpool during major resurfacing works which happened in the summer of 2012.
CDM Client fined more than £1.5m
In the case, heard at Liverpool Crown Court, it was reported that on the 3 July 2012 a 74-year-old man suffered head injuries after he was hit by a car while using a crossing at temporary lights. One side of the Queen’s Drive dual carriageway had been put into a contraflow to allow vehicles to travel in both directions but temporary pedestrian lights were not working and no alternative was provided.
The Court also heard that on the 19th August 2012, 69-year-old Ernest Haughton died when he was struck by a car whilst crossing a single lane of traffic on the same road using a temporary pedestrian crossing.
Following complaints from motorists changes were made to the traffic control lights to alleviate congestion but this resulted in the removal of the natural break in traffic flow needed to allow pedestrians to safely cross the carriageway.
When Mr Haughton died the temporary lights were removed but no alternative control measures were put in place to enable pedestrians to cross. In addition, a large A-frame sign was placed on the crossing which obscured the view of both pedestrians and motorists.
Liverpool City Council pleaded guilty to breaching Regulation 9(1) of the Construction (Design and Management) Regulations 2007 (CDM) and were fined £15,000 and ordered to pay £100,000 costs.
HSE investigators found that Liverpool City Council had failed to ensure that the arrangements for managing the roadworks were suitable, including failing to appoint a suitable co-ordinator for the work. Instead the council sought to delegate responsibilities to Enterprise Liverpool Limited who pleaded guilty to breaching Regulation 22(1) of the Construction (Design and Management) Regulations 2007 (CDM) and were fined £25,000 and ordered to pay £80,000 costs.
HSE found that Enterprise Liverpool Limited failed to ensure the designs for the traffic management were checked or approved and failed to check that the construction plan for pedestrian routes and provision of barriers was being followed. At the time of the incidents they were found not to have provided a safe means of pedestrians crossing the works area or the carriageway.
Tarmac Trading Limited of Solihull, pleaded guilty to Section 3(1) of the Health and Safety at Work etc. Act, 1974 and were fined £1.3 million and ordered to pay £130,000 costs.
Tarmac Trading Limited, who were responsible for the provision and installation of the traffic and pedestrian management, failed to provide alternative assistance for pedestrians at the time of the first incident despite it being known that the temporary lights were broken. A temporary bus stop had also been placed in the middle of the road at the crossing.
HSE Inspector Jacqueline Western commented:
“The risks associated with road works are well known in the industry and specific guidance is available to assist with the planning and implementation. It is not unreasonable to expect that those who regularly engage in this type of construction work should be well aware of their roles and responsibilities.
The combined failure of all three dutyholders to comply with their duties on more than one occasion during the Queens Drive resurfacing project, led to one man losing his life and another suffering serious injury. It could quite easily have been two fatal incidents.
By engaging with the entire project team at the very start of a project, clients like Liverpool City Council, can ensure that a good health and safety culture is embodied throughout the life of the project. Ongoing communication and cooperation between the principal contractors and sub-contractors ensures that the project is being adequately planned, managed and monitored.”
Contact us on 01453 800 100 if you need expert help with health and safety for a fixed cost or use our contact us page.
At our recent round of breakfast clubs we discussed the HSE Judicial Review being brought by OCS Group after the FFI fine imposed upon it by HSE linked to its operations at Heathrow Airport.
following a worker falling over 7 metres through a fragile roof which was being replaced.
As we have a cold weather front approaching and some real winter may well be approaching… that leads us to the old stories and tales about slips on ice and who is responsible.
professionals are aware of these risks well enough to control them and that’s where expert, external, independent advice can be invaluable.
