Do You Provide the Necessary Facilities for Your Employees?
You may think that all businesses will at least provide the bare essentials for their employees. Unfortunately there are employers who fail to consider the health and welfare of their workers, and this only leads to prosecution by the Health and Safety Executive and more than likely a very bad reputation too.
One of the very basic requirements is to provide adequate rest room facilities for employees. This is especially important when the duties of the day involve substances and materials which can cause dermatological problems if left on the skin for long periods of time. One industry where this is a concern is the construction industry. It is essential that workers on these sites has the ability to use a room to clean up where there is hot and cold running water, soap and hand drying facilities. In addition to this it is essential to provide working and clean toilets.
Know Your Legal Duties
One firm, CR Construction SW ltd, has been prosecuted by the HSE this week after their facilities were found to be well below the expected standard. The requirements are clearly set out in Regulation 22 of the Construction (Design and Management) Regulations 2007 which state that it is the duty of the principal contractor to ensure that there are sufficient facilities which are provided throughout the construction phase. In addition to this there is also a Section, number 33(1) (c) of the Health and Safety at Work Act which says that it is an offence to contravene any of the health and safety regulations.
At a hearing at the Bristol Magistrates Court the HSE prosecuted CR Construction Ltd for failing to provide adequate wash room and bathroom facilities. Their investigation showed that the firm had not provided good facilities for the duration of one year and there were up to sixteen workers at a time that had to use poor facilities over that period.
Fine for Construction Firm Who Provided Poor Facilities
Bristol Magistrates Court fined CR Construction Ltd £2,000 and an additional £2,014 in costs for not considering the welfare of the workers on site in Clifton. The HSE inspector, Sue Adsett, spoke to the press after the hearing and said that workers not only need adequate toilets and washing facilities there is also a legal requirement which states that a heated room must be available to workers on site where it is possible to make a hot drink, food, have a break and get changed.
Health and Safety Consultants Can Help You Know Your Legal Duties
If you are in any doubt about the facilities you provide your employees or any of the other legal requirements set out to protect the welfare of others a health and safety consultant can help. There are many health and safety services which can prove to be educational and informative and prevent problems with the HSE and accidents in the future.
Call 0800 1488 677 to find out more about the current health and safety services provided to all industries by the Health and Safety consultants, Veritas Consulting.
Construction Worker Injured – Results in Fines for Contractor
A maintenance fitter who had been contractor by Van Elle Ltd in Nottingham suffered injuries to his person when he was working on the M1 motorway. The unnamed man was driving an excavator when he was thrown out from behind the wheel and landed on an excavator blade at the front of the vehicle. The vehicle had no front screen and the worker was not wearing a seat belt at the time of the accident.
As a result of the injury to the workers head he was left in a coma for a fortnight and had to endure a further five months of rehabilitation. After returning to work for the same contractors for a short time he is still trying to get back to good health and having physiotherapy for damage which has caused reduced mobility in his left arm and leg.
Once Again Lack of Training Caused the Contractors to Be Prosecuted
When the accident was investigated by the Health and Safety Executive it was discovered that the employee was not given adequate training before he began working on the motorway. If Van Elle Ltd had gone to the trouble of providing training, one of the health and safety services offered to the construction industry, the accident could have been avoided. In this case the worker was not told about safe methods of driving the excavator. He had been checked to see if he was able to perform lifting but on the day of the accident he was standing in for another employee who usually drives on the construction site on the motorway.
Health and Safety Consultants Are Ready to Help the Construction Industry
Before carrying out any new lines of work it is essential that the correct training is provided to all those involved. The employee working for Van Elle has been left with life changing injuries and is still having to go through long and painful physiotherapy after the incident which took place on 22 September 2009.
Mansfield Magistrates court were informed of the lack of training and also told about the boom of the excavator was found to be positioned at the wrong height. The manufacturers guideline state that the boom has to be no more than four metres high whist in motion, and in this case the boom was six metres high.
When Van Elle Ltd appeared before the court they pleaded guilty for breaching Regulation 9(1) of the Provision and Use of Work Equipment Regulations of 1998. For the lack of training and the breach of the regulation the construction firm was fined £12,750 and have been ordered to pay the court costs of £29,660.
Health and safety consultants are able to provide services to the construction industry which is considered to be high risk. If you are responsible for workers it is worth using the health and safety services aimed at construction in order to ensure you are working within the law and providing safe methods of work for your employees. Call 0800 1488 677 to find out more about the services available.
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.
Has Health and Safety Taken a Step Too Far?
Alison Hume’s Life Could Have Been Saved. Has Health and Safety Taken a Step Too Far?
In the news last week there was the story about the tragic and preventable death of Alison Hume who dies in July 2008. The 44 year old mother fell down and old mineshaft on Galston while walking home and was found by her daughter who called for help. Ms Hume suffered a collapsed lung, broken ribs and sternum. However it has been found that Ms Hume would have most likely survived these injuries had there not been a delay in bringing her up to the surface.
Health and Safety Regulations Cost a Woman Her Life
The senior officer in charge of the rescue operation would not use the equipment needed to winch out Ms Hume in time to help treat her. The fire fighters present were willing to go down and help her but due to the senior officer following the health and safety guidelines Ms Hume remained down in the mineshaft for six more hours. When they finally rescued her she died from a heart attack which was brought on by hypothermia.
The equipment needed to rescue the 44 year old mother was only to be used to help the rescuers and the regulations surrounding its use stated that it should not be used for the public. The officer would not move from these regulations and the inquiry has now discovered that the death could have been avoided of it wasn’t for the delay due to the health and safety regulations.
Lack of Training Also a Contributing Factor?
The inquiry also showed that the Strathclyde Police and Fire and Rescue workers did not have adequate knowledge of the resources that they had available to them in order to aid the rescue of Ms Holmes. They were not familiar with the potential uses of the equipment and did not understand how it could have been used. There was also a lack of training among the emergency services and the fire crews did not have an advanced knowledge of first aid.
Health and Safety Is Necessary
There has been a public outcry and now demands are being made that there should be a get out clause in some of the laws and regulations, such as those which stopped the senior officer from using certain equipment to save Ms Hume.
Health and safety consultants would like to remind people that regulations are there to protect lives, and without the regulations more people each year would die due to inadequate safety measures in the workplace, especially in industries such as agriculture and construction where in the past adults and children have lost their loves from being exposed to asbestos, mercury and having to operate extremely dangerous equipment.
Knowledge and Education
The correct training is always an important part of running any business. Health and safety services are able to provide in depth training courses to help increase knowledge and prevent terrible accidents leading to tragic losses of lives. To discuss the type of training which could benefit you or your employees contact the health and safety consultants at Veritas. Call 0800 1488 677 for further
Justice Taking Priority in Health and Safety Cases
Until now it has always been a rather long process for cases to go through the courts after someone has been injured or killed in the work place. After the incident there needed to be an investigation and an inquest to discover exactly what happened, which was then followed by the prosecution of the firm by the Health and Safety Executive. However, times are changing and the HSE is looking at ways to speed up the process so that justice is achieved more rapidly.
Years of Anxiety Reduced as Families Find Justice Sooner Rather than Later
It often takes years to achieve justice, and only in rare circumstances have court cases taken place before the inquest has been completed. Now the path to justice will be a lot smoother after an agreement has been reached between the people who investigate and prosecute. If there is a death on your business premises, and there are no charges of manslaughter or homicide, it is now possible to go ahead with the prosecution before the inquest.
Work Related Death Protocol Given an Overhaul
This is due to the recent changes in the Work-Related Death Protocol. The aim is to speed up the process for the families who have lost a loved one. This will help them to grieve and reduce the stress which is added by the prospect of a court case in the distant future. These changes have been given the support of the Coroners Society and are due to be announced by the Work Related Deaths National Liaison Committee, although the changes have already been introduced as of October 1st 2011.
Health and Safety in the Workplace
As a business owner it is your responsibility to do everything within reason to ensure the safety of your workers. It doesn’t matter if the industry you work in is considered to be high or low risk. Should one of your workers die as a result of the injuries caused by a work related accident which could have been avoided then you will be taken to court and face a possible fine or even a prison sentence.
To help you to understand the laws and regulations that are in place to prevent such accidents from occurring you can hire health and safety consultants to work with you. There are numerous health and safety services which can be of huge help to any business. By doing everything possible to protect your workers you can prevent prosecution by the HSE and more importantly help to reduce the risks which are constantly present.
If you are unsure of what you need to be doing it is a good idea to request a health and safety audit. This will look at the policies and procedures that you have in place and highlight the areas of weakness which are putting lives, and your business, at risk. Call 0800 1488 677 to speak to health and safety consultants who can help protect you and your employees.
Hidden Boiler Flues: New UK Law Announced
For homeowners and tenants that reside in a house where the flue is not visible, there are now new regulations that you will need to adhere to. Inspection hatches MUST be installed from January 1st 2011. 2 years will be given to the homeowner or landlord to ensure these inspection hatches are fitted, but carbon monoxide alarms must be installed until the hatch has been completed.
Safety checks need to be carried out by gas engineers that (by law) need to be able to see the flue. A flue takes fumes away from the boiler and if it is poorly maintained, or your boiler is not working correctly, can put you in serious danger of carbon monoxide poisoning. These safety checks will include the requirement for an audible carbon monoxide alarm to be installed – which will detect any problems with the invisible and odourless gas.
Gas engineers will legally be able to turn off the gas supply to your boiler From January 1st 2013, until the inspection hatches have been fitted in a suitable location in the home.
It is advisable to contact the builder if your property is less than two years old. If the property is between two and ten years old, then you may be covered by home warranty providers to have the inspection hatches installed. For older buildings – built pre-2000 – you will need to contact a Gas Safe registered engineer. Landlords need to ensure that the hatches are fitted and that the boiler and flue are checked every year, so tenants should contact their landlord to check he/she is aware of the new law.
Installing carbon monoxide alarms are essential to monitor any problems until the inspection hatches have been installed.
An Improvement Notice & Prohibition Notice Explained
In order to protect your Company’s interests in the event of being served with a Prohibition or Improvement Notice, by an enforcement agency, it is essential that all supervisory staff understand correctly the measures necessary to comply with such a notice.
IMPROVEMENT NOTICE
Due to the nature of the work carried out in the construction industry, it is likely that many Improvement Notices will be served. When they are for example, they are likely to be in respect of working at height, welfare, housekeeping, unsafe practices etc. The principal of the Improvement Notice is to give the recipient time to improve whatever the Health and Safety Executive has criticised, within the time allowed on the Improvement Notice. If the fault cannot be rectified within the allotted time, then the Health and Safety Executive should be approached for an extension before the allotted time has run out, giving a reason why extra time is required. Otherwise the improvement must be carried out as directed.
PROHIBITION NOTICE
Upon receipt of a Prohibition Notice the activity specified in the Notice must be ceased immediately or as otherwise specified and may not be re-started until such time as the contravention’s cited in the Notice have been remedied. The above Notice will normally be issued to the senior person present and the Notice may be issued in his name and not that of the Company. This means that it is the responsibility of the recipient to ensure that the correct remedial action is taken. Being served with either an Improvement or Prohibition Notice does not mean that Prosecution will not follow, bearing in mind that the Notice will relate to statutory duties. Failure to comply with either an Improvement or Prohibition Notice is in itself a criminal offence. On receipt of either an Improvement or Prohibition Notice it is vital that the Operations/Project Director, Company Safety Advisor and the responsible Site Manager are informed by telephone immediately. Should you be issued with a Improvement Notice or Prohibition Notice and you need help on how to deal with this situation please get in touch with Veritas Consulting Health and Safety Consultants. here contact us.
