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Safety Advisor fined by HSE for poor occupational health advice

With more and more one man bands setting up safety consultancy HSEbusinesses in the past 10 years its time to question if you’re being given the right advice rather than just advice – there’s a big difference and the outcome can be devastating for individuals and for companiesas this case for a safety advisor being fined.

The case below raises two questions;

  1. Do we know the health risks in our business well enough?
  2. Does our consultant have the right skills for our sector?

Take some time to ask yourself if the person looking after your safety really knows enough about the risks in your business.  Perhaps their background isn’t in manufacturing, engineering, construction or whatever it is that you do.  If so, get the right advice.

Safety Advisor Fined under HASAWA 1974

Hereford Magistrates’ Court heard how an employee contracted the skin disease after being exposed to sensitising ingredients in rubber compounds.

TRP Polymer Solutions Limited, of Netherwood Road, Rotherwas Industrial Estate in Hereford, has been fined £40,000 after a worker contracted allergic contact dermatitis.

Hereford Magistrates’ Court heard how an employee contracted the skin disease after being exposed to sensitising ingredients in rubber compounds.

An investigation by the Health and Safety Executive (HSE) found the company, which manufactures specialist rubber sealing components and high performance elastomer ‘O’ rings, had failed to assess risks from products used or manage those risks.

TRP Polymer Solutions’ health and safety advisor failed to understand the underlying issues to the level required for the company to understand its responsibilities.

The firm pleaded guilty to breaching Section 2 of the Health and Safety at Work etc Act 1974, and Regulations 6 and 11 of the Control of Substances hazardous to Health 2002, and was fined £40,000 and ordered to pay costs of £6,529.

Paula Underwood, a self-employed health and safety advisor, of Slaughter Castle, Kimbolton, Leominster, Herefordshire, pleaded guilty to breaching Section 3(2) of the Health and Safety at Work etc. Act 1974, for failing to carry out her duty under the act to a level of competence expected by someone carrying out her role, thereby exposing others to risks to their health and safety.

She was fined £1,000 and ordered to pay costs of £200.

Posted by Roger Hart

Understanding noise exposure terms

Noise exposure terminology – Take a look at our explanatory video below and check below that for our glossary:

Exposure action values (EAV): Levels of noise exposure to noise at which certain actions need to be taken. The values are:

  • Lower exposure action values (LEAV):
  • daily or weekly exposure of 80 dB:
  • peak sound pressure of 135 dB;
  • Upper exposure action values (UEAV):
  • daily or weekly exposure of 85 dB;
  • peak sound pressure of 137 dB.
Exposure action values and noise exposure limit values
Daily or weekly personal average noise exposurePeak sound levelActions
Below lower exposure action valuesLess than 80 dB
(A-weighted)		Less than 135 dB
(C-weighted)		Reduce noise levels as far as reasonably practicable.
Lower exposure action values80 dB
(A-weighted)
or aboveCannot take the effect of hearing protection into account		135 dB
(C-weighted)
or aboveCannot take the effect of hearing protection into account		Undertake risk assessment. If any employees are identified as being particularly susceptible to noise, health surveillance should be implemented.

Make suitable hearing protection available.

Establish a maintenance programme for equipment supplied to reduce noise risk such as noise limiters and hearing protection.

Provide training.

Upper exposure action values85 dB
(A-weighted)
or aboveCannot take the effect of hearing protection into account		137 dB
(C-weighted)
or aboveCannot take the effect of hearing protection into account		Implement the actions required by lower exposure action values (above).

Establish and implement a programme of control measures.

If these measures are not sufficient to reduce exposure below 85 dB then:

  • suitable hearing protection must be worn; and
  • a health surveillance programme implemented.
Exposure limit values87 dB
(A-weighted)

Allowed to take hearing protection into account
140 dB
(C-weighted)
Allowed to take hearing protection into account		Must reduce to below limit values.

LAeq: The ‘equivalent’ continuous noise level that would deliver the same noise dose as a varying level over a given period, and is a good way of describing the average level of noise.

LEP,d: Daily personal noise exposure level. It is averaged over an 8-hour period rather than the actual time in the work environment.

LEP,w: Weekly personal noise exposure level. It is averaged over a period of 5 days (40 hours) by measuring the noise exposure on each of 7 days, then dividing the result by 5.
Limit values: See ‘Exposure limit values’.

Noise dose: See ‘Noise exposure’.

Noise exposure: ‘The noise dose’, which can be calculated, takes account of the actual volume of sound and how long it continues. Noise exposure is not the same as sound level, which is the level of noise measured at a particular moment.

Noise limiters: Sometimes known as volume regulatory device (VRD), controls noise exposure from amplified music. Modern noise limiters can be fitted with anti-tamper relays connected to external switches to improve system security.

Noise measurements: Decibels (dB) are used for measuring noise. A-weighting is used to approximate to the frequency response of the human ear. C-weighting is used to measure peak, impact or explosive noise.

Occlusion effect: Occurs when an object (like an unvented earplug) completely fills the outer portion of the ear canal. This changes the way sounds are produced in the ear canal, especially noises produced by the body (for example breathing, swallowing and noise travelling through bone and tissue.) The result is these noises appear louder.

Simple listening checks: An easy way of establishing whether there might be a noise problem. Where it is difficult to hold a normal conversation without shouting or where there is live amplified music (as in a pub, club or pop concert) it is probable that the noise is above the lower exposure action value.

Single number rating (SNR) value: Method of indicating the degree of protection offered by a hearing protector.

Sound restoration: Device in earmuffs that reduces ambient noise levels to allow relayed communication or other signals at a reduced level.

Three-decibel rule: The sound intensity doubles with every three dB increase. Thus sounds at 88 dB are actually twice as intense as they are at 85 dB and 115 dB is 1000 times as intense as 85 dB.

Tinnitus: Buzzing, ringing or tone in the ear. Temporary tinnitus is a warning; a sign that ‘you got away with it that time.’

VRD: Volume regulatory device (see noise limiter).

We carry out all noise assessments requirement using our experienced safety consultants.  If you have a need for noise assessment please call us on 01453 800100.

Posted by Roger Hart