Legislation – Quantity over Quality

Legislation Review – Do the Numbers Really Matter?

About ten years ago I recall having to draw up a register of health and safety legislation for a manufacturing site.  Despite it being quite a long list, the thing that struck me about it was how boring and generic most of the legislation sounded.  I recall the pre-6 pack, pre-COSHH days of the 1980s when there were scores of very specific and rather elderly bits of legislation, particularly for welfare arrangements in certain industries and this got me to thinking, is it really relevant how many bits of legislation there are, or is it better to concentrate on the intent behind the legislation – sort of “never mind the length, feel the width”?  Quality not quantity if you like to think of it that way.

With the recent publication of the Löfstedt Report – an independent review of health and safety legislation – the spotlight has once again been on how many pieces of legislation we now have on the statute book and the Department for Work and Pensions has seized on the idea that sweeping away 50% of this legislation will make a dramatic difference to small business.  I’m not so convinced.

When the Workplace (Health, Safety & Welfare) Regulations 1992 came in as part of the “6-pack”, they revoked a myriad of old Welfare Orders, most of which had been around since the early twentieth century and were intended for specific industries.  Let’s examine one of them – the gloriously named “Herring Curing (Norfolk and Suffolk) Welfare Order 1920”.  Apparently during the autumn herring season some one hundred years ago, the population of Great Yarmouth could be increased by around 10,000 people, many of whom were women working 12-15 hours a day out in the open on the quayside, gutting and packing up to 800,000 fish daily.  Sadly I cannot find a copy of the text of this venerable Order but I vaguely recall it had requirements like the provision of open fronted shelters (possibly with wooden seats) for the workers to take their breaks in.  It might have been this Order or another similar one that required the employers to provide wooden clogs for the workers – anyway you get the idea!

The 1992 Welfare Regulations swept away over 30 Orders like this one.  Did this revolutionise small business?  Did all those East Anglian herring curers (assuming there were any left!) say “thank goodness, now we can rip down all those wooden shelters we had to put up at huge expense and for goodness sake cancel next week’s clog order!”  Of course not, because this isn’t about the numbers of rules and regulations, it’s about the intent behind them.

So back to the present day then and the Government’s rather lop-sided focus on the amount of legislation we have.  They seem to have got stuck on this 50% reduction figure, most recently mentioned by the Minister for work and pensions Chris Grayling in DWP Parliamentary questions this week.  In contrast, Professor Löfstedt in his report suggested that the number of regulations might be reduced by about 35%.  How is this reduction – whatever figure it actually is – to be achieved then, since apparently it’s such a significant issue for business?

Firstly, Professor Löfstedt suggested that five (yes just five) piece of legislation could be done away with altogether as they were either no longer needed or were duplicated elsewhere.  All those small businesses using tower cranes or celluloid and cinematograph film can cheer right now.

Secondly, he suggested that some sector specific legislation could be combined and simplified.  Annex D to his report lists over 75 pieces of legislation that could be subject to this process.  The sectors and areas involved?  Mining, Explosives, Biocidal Products, Genetically Modified Organisms and Petroleum Spirit.  Not exactly earth-shaking for most small businesses is it?

Finally HSE has recently started a consultation on the removal of seven out-dated statutory instruments.  All good stuff but will revoking the 1971 Anthrax Prevention Order really have that much effect on small business?

Despite all this the Government continues to trumpet the 50% reduction figure as though it will in one fell swoop remove 50% of the health and safety “burden” on business.  Well it won’t.  Certainly Löfstedt has also recommended a review of “the core set of health & safety regulations” to see if consolidation would provide “clarity and savings for businesses”.  However he does point out that “Any consolidation would not reduce health and safety outcomes because there would be no change in the duties.”  So it’s not about removing the burden of legislation at all, it’s about helping business to understand what they have to do.  Why doesn’t the Government just say so instead of peddling meaningless figures?

Last week Professor Löfstedt himself commented that he was concerned his review could be mis-used and said that he had not called for a significant change in legal policy.  Meanwhile in the House of Commons, the Minister was saying “The Löfstedt report, —  recommends significant changes to our regulatory regime”.  Well they can’t both be right!  So looking back at the Löfstedt report itself, here’s what the Professor said in the foreword; “I have concluded that, in general, there is no case for radically altering current health and safety legislation. There is a view across the board that the existing regulatory requirements are broadly right.”  Seems pretty clear to me, so why does the Government persist in spinning the report’s recommendations to suit what they want them to say?

The truth is that it’s not the actual burden of health and safety that is the issue, but rather the perception of that burden, which is magnified and propagated by any number of silly stories about “elf’n’safety” that you can read in the popular press just about every day.  Sadly, people really do believe the tosh they read in the papers and see on the TV.  Work at Height Regulations?  Oh yeah, the ones that banned ladders, right?  Makes you want to weep sometimes doesn’t it?  No wonder David Cameron thinks he has to deal with a “health and safety monster”.

How do we go about tackling this problem?  In the end it’s down to those of us who work in the health and safety profession to keep on telling people that ladders aren’t banned, that children can play conkers and climb trees and that risk assessment really isn’t all that difficult if you put your mind to it.  We may not change the DWP’s viewpoint, or their obsession with figures, but we can help our clients and our employers to make their way through the so-called maze of health and safety red tape and come out on the other side with an actual understanding of how to manage and control their own risk.  Perhaps then we can get people to see that health & safety can be an enabler for better business and not just a burden to overcome.

Guest Blog provided by Heather Collins CMIOSH at  HC Safety Services – Practical H&S risk assessment for business

Health and Safety Risk to Social Workers

One of the problems which are faced by health care workers is being exposed to violence. In order to help minimise the dangers to employees in this sector it is essential to have management systems in place. These need to be created in order to reduce this risks of being physically harmed while working and also to help try and control the dangers of health care workers from becoming stressed and depressed due to their daily duties.

Attacked on the Job

Health and safety inspectors have recently prosecuted the non-profit organisation Dimensions UK after one of their employees was attacked on the job. Dimensions UK works with those with learning difficulties offering support and therefore need to have adequate procedures in order to reduce the risks that clients pose to the employees.

In December 2009 one of the workers at Dimensions was attacked by an unnamed client. The employee was kicked in the eye and this incident started an investigation by the Health and Safety Executive. The inspectors discovered that this was not the only incident and some other employees had also come into danger at the hands of the same client.

Risk of Violence Not Managed Effectively

Although it is common for health care workers to be put into risky situations Dimensions had not put into place an effective management system and as a result of this their employees were put in danger.  The client had a history of violence and therefore ways to manage this particular client needed to be put in place to reduce the risks.  There were many indicators which made it clear that this client was a possible threat and these were not acted upon.

The Health and Safety Executive prosecuted Dimensions Ltd for their breach of Section 2(1) and Section 3(1) of the Health and Safety at Work Act 1974. Section 2(1) relates to the stated duties of each employer to ensure the health, safety and welfare of their employees, so far as is reasonably practical. Section 3(1) says that employers need to conduct his undertaking in a way which is practical to ensure people who are not in his employment are not exposed to risks to their own health and safety.

Fined for Failing their Employees

Newcastle Magistrates Court fined Reading based organisation Dimensions Ltd the sum of £14,000 and was also ordered to pay costs of £30,000. In addition to these fines which were related to their employees and the agency workers affected by the violent client Dimensions also were charged a £15 surcharge for the victim. This money is to be spent on providing services to the victims and those who witnessed the violence.

Management Systems Can Reduce Risks

Health and safety consultants are able to help you with your management systems to check that everything possible is being done to ensure the safety of your employees. Two of the useful health and safety services are the audit and the training which can be used to spot areas which are failing and also ensure the health and safety is being addressed and implemented into everyday work life.

Call 0800 1488 677 today and find out how health and safety consultants can help you and your employees.

Slips and Trips – Can You Prevent Them?

Sometimes people slip over by complete accident, it happens every day. However, when it comes to the workplace many owners think that slips and trips cannot be prevented but this is not the case. It your duty to make sure everything is done to reduce the likelihood of trips such as these, and by ignoring the problem you are opening yourself up to prosecution at the hands of the health and safety executive.

During 2009 there were a recorded 10,000 serious injuries caused by slipping over in the workplace and a tragic 4 fatalities.  This loss of lives could have been avoided and has resulted in the loves of their friends and families being affected forever. The injuries also can cause problems for families and the injured person, it also can cost the economy die to all of the extra days off work at a cost of approximately £800,000 000 per year.

Are Slips Mentioned in the Law?

There are a few Acts and Regulations which are relating to slips and trips in the workplace. By failing to meet these you are breaking the law and can be fined in a court of law. The relating regulations are named in the:

• Health and Safety at Work etc. Act 1974
• The Management of Health and Safety at Work Regulations 1999
• The Workplace (Health, Safety and Welfare) Regulations 1992

What Causes Slips?

There are several ways that slips can be triggered in the workplace. The most common of these are caused by:

• Inadequate footwear

When you employee people it is important that your employees where suitable footwear. You can also help to reduce the risks of others falling in your premises by making sure the floors are keep clean and dry. In situations where it is difficult to maintain a dry or clean floor anti slip footwear should be worn.

• People

Encouraging a positive reaction to health and safety in the workplace is a great way of keeping the environment safe. Try and promote your employees to sort out any problems they may see such as spillages and obstacles.

• The environment

When it comes to workplace slips and trips you need to think of the environment. Do you have good enough lighting? Does the weather cause problems, does the area have high condensation risks or are the noise levels safe?

• The type of floor

Flooring plays a big part in preventing trips.  The flooring needs to be properly laid and then well maintained to make sure it doesn’t pose any risks. The floor needs to be kept clean and dry were possible and in areas of wetness suitable flooring needs to be laid combined with suitable shoes.

• Cleaning

When it comes to cleaning you need to have a good management in system to prevent accidents. A suitable method of cleaning, the correct use of products and equipment need to be used and the process should be supervised and carried out at a suitable time. Signs are not able to prevent accidents but should be used to warn others of the possible dangers

• Obstacles

Obstacles are a common cause of slips and are responsible for approximately 50% of all these types of accidents. Poor housekeeping is a high contributing factor and therefore needs to be well managed to reduce the risks. Encouraging your workers to be responsible for their own areas is also advised and act when noticing problems in any area of the workplace.

Find out more about slips and falls and how to maintain a safe workplace by contacting health and safety consultants. Call 0800 1488 677 to find out how health and safety services can help you to prevent accidents such as slips and trips.

Man Has Life Changed Forever Due to Accident at Work

A young father of two has had his whole life changed after an accident which has left him paralysed. David Collins has been told he will never be able to walk again after metal tubes fell from a crane on top of him while he worked.

The 31 year old was working for Spectra Scaffolding at the time of the accident. The metal tubes were being unloaded from the back of a truck using a crane that was being operated by Mr Collins. Each tube was 21 feet in length and weighted almost one and a half tonnes. As Mr Collins worked the controls of the crane a sling which was attached to the hook of the crane came off. As a result the tubes fell directly onto Mr Collins who was left with severe injuries to his leg, back and his head.

Health and Safety Services Provide Training for Employers and Employees

It was discovered by the Health and Safety Executive that Mr Collins had not been given adequate training to man the crane by his employers, Spectra Scaffolding.  In addition to the lack of training the inspection conducted after the incident also discovered that he was not being supervised as he unloaded the tubes.

Another problem came to light when it was found that the safety hook was faulty and had been in this state for some time previous to the accident involving Mr Collins. This fault is the reason why the tubes fell, and despite Spectra Scaffold being fully aware of the fault they did not address the issue and replace the faulty equipment.

£40,000 Fine for Failing Their Employee

As a result of the findings discovered through the investigation Spectra Scaffolding were prosecuted by the HSE. They were fined £40,000 for breaching Regulation 8(1) of the Lifting Operations and Lifting Equipment and Regulation 5(1) of the Provision and Use of Work Equipment Regulations 1998. In addition to the fine the company have been ordered to pay £45,000 in costs.

Training and Maintenance Need to Be a Priority

In this case Mr Collins needed to have been given full training when dealing with lorry mounted cranes. The removal of the tubes had not been planned and the equipment being used for the job was not in good working order. It is clear that all of these failings have resulted in one man being left paralysed and his life has been changed permanently.

Prevention is Better than Any Cure

Veritas Consulting offer various health and safety services designed to help prevent accidents like this from happening. It is your duty as a company owner and employer to know the regulations which are in place to prevent injuries and loss of life in the workplace.

Health and safety consultants are able to help you to understand what you are legally and morally obliged to do. This includes full and complete training and the importance of risk assessments and planning. Call 0800 1488 677 for help and advice on the various health and safety services available.

Risk Assessments and the Fire Safety Order

Risk assessments are designed to help plan out jobs in advance to highlight any potential dangers and to assist you when it comes to planning how the job will be carried out. If you own a business of any size it is important to learn the importance of risk assessments and how to carry them out adequately.

It is not possible to simply download a copy of any old risk assessment and add your business name to the top. Each and every business is different and has different risks to consider. You need to create your own unique assessments based on the challenges you will face. The aim of the assessment is to then work out the hazards and come up with methods of work which will reduce or overcome those risks without causing harm to others.

Follow Through on the Findings

Having a completed risk assessment is not enough. In order to help prevent prosecution after an incident you will need to show that you worked using the assessment and acted on the findings which were found as a result. You may need to complete a risk assessment for many jobs carried out each day and it is vital that you and your employees are aware of the methods that are in place to reduce the risks.

Fire and Risk

Risk assessments are not only required when carrying out tasks. It is also essential that companies create assessments to prevent the risks from fire to satisfy the Fire Safety Order 2005 – UK Fire Regulations. By failing to complete this type of health and safety necessity a business owner, company director or a managing agent is open to prosecution and possibly imprisonment.

Seek Professional Advice from Health and Safety Consultants

With the stakes of fire being so high for everyone involved Fire Risk Assessments services can be extremely beneficial. The experts will be able to establish the main risks for your business and help you to come up with prevention methods and solutions that not only help to prevent firs, but also work in line with the laws and regulations regarding fire and the work place.

It doesn’t matter whether you have a small shop with a small stock room or a huge plant full of warehouses; you still need to adhere to the Fire Safety Order 2005. As an owner/director or managing agent the responsibility lies with you to make sure that the Fire Risk Assessment is created, followed and based on your specific building and line of work.

Health and safety consultants are able to help you create the assessment and this will need to be reviewed on a regular basis to make sure it is still relevant. This is especially important when you introduce new methods of work, new equipment or carry out maintenance or expansions on the building.

Learn More about Fire Risk Assessments

TO find out more about the assessment service provided by health and safety consultants get in touch with the professionals. You can call Veritas Consulting on 0800 1488 677 or visit the website to read more about the importance of this service.

Famous Chocolate Retailers Thornton’s Prosecuted After Accident

Even large, well-known companies are failing their employees when it comes to health and safety. These large high street chains are well aware of what is required of them by law, and know where to go when look for a health and safety consultant to help ensure their workers are well looked after and protected as they go about their duties. Unfortunately even with this knowledge some retailers breach the regulations and someone ends up injured, or worse.

Finger Caught in the Parts of a Machine

Ellen Yardly was going about her duties as she worked for Thornton’s and their factory in Somercotes.  The 37 year old was operating a machine which wraps the chocolates and drops them into a tray below through a chute. The chute had become covered in caramel so while the machine was still running she decided to use a cloth to give it a quick clean before the next batch of chocolates came through to be wrapped.

The cloth became entangled in some of the parts which were still rotating inside the machine. As a result Ms Yardly’s hand was pulled into the machined and her finger fractured as it came into contact with the internal parts. The injury meant that Ms Yardly was unable to work and needed to have ten weeks off to recover.

Inadequate Protection on the Wrapping Machine

The Health and Safety Executive carried out an investigation into the accident to discover what went wrong. They found that there was a guard placed on the wrapping machine, but it was not adequate and did not provide full protection.  The HSE then investigated further by carrying out an audit on all of the machines in the factory. This audit showed that many of the machines were in need of attention such as by replacing or repairing guards to ensure the dangerous parts could not be accessed unintentionally.

Thornton’s were prosecuted at the Southern Derbyshire Magistrates Court where they pleaded guilty to breaking two regulations which were:

• Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998
• Regulation 3(1)(a) of the Management of Health and Safety at Work Regulations 1999

The court proceeded to fine Thornton’s £20,000 and they were also made to pay the costs of the claim which totalled £7,680.

Request an Audit from Health and Safety Consultants

One of the health and safety services that can be requested is a full health and safety audit. An audit is an excellent way of fully examining your work place and located areas where the health and safety policies are lacking.

Health and Safety consultants offer audits to businesses looking to protect their workers and make sure that they are staying on the right side of the legislations, regulations and laws concerning health and safety. By seeing what is lacking it is possible to implement positive changes that will result in a safe environment for everyone. To find out more about the health and safety services such as an audit contact the experts at Veritas Consulting, call 0800 1488 677 today.

CSCS Health, Safety and Environmental Test

Changes to the health & safety test ( soon to be …. health, safety and environment test)

Please see below details of a recent announcement by CITB-ConstructionSkills about forthcoming changes to the Health & Safety Test which will come into effect in April 2012.

In order to allow you or your delegates to sit the existing exam through Prometric before these changes come into effect you can book online at CSCS Health and Safety Test or alternatively call our contact centre on 0800 1488 677.

-ConstructionSkills have announced that the re-named CSCS health, safety and environment test will replace the former health and safety test in April 2012. The new test will be required for all construction workers seeking to hold a construction skills competency scheme (CSCS) card or a construction plant competency scheme (CPCS) card.

New features of the CSCS Health, Safety and Environmental Test include:

• An updated question bank including the new universal hazard symbols;

• Questions on respiratory risks and the hazards they can pose;

• Questions on the environment;

• Behavioral case studies which tests how a candidate would respond to health and safety situations to highlight safe working practices on site.

Candidates wishing to take the existing CSCS health and safety test will be able to do so at a Prometric test centre or through a Prometric partner testing centre up to 31 March 2012. Tests can be booked in the normal way here CSCS Health and Safety Test