E-newsletter February 2011

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1 E-newsletter February 2011 IN COURT - NEWS ARTICLES: HSE STUNNED BY REPAET SKYLIGHT FALLS The HSE has prosecuted two companies after three workers fell through skylights on three separate occasions at an industrial unit in Warrington. The initial incident took place on 20 March 2007 at Bizspace Investment Ltd s facility at the Craven Court industrial estate at Winwick Quay. A caretaker at the site was cleaning guttering on the roof when he fell through a fragile skylight, and suffered multiple broken ribs. Following the incident, one of his colleagues, having been sent to take photos of the scene, fell through a different skylight. He landed feet-first on a mezzanine floor and escaped without injury. The firm hired Anthony Massey, trading as Massey Roofing and Building Contractors, to repair the skylights. On 10 April 2007, one of Massey s employees was carrying out the work without safety equipment when he, too, fell through a skylight. He sustained serious spinal injuries, which has left him paralysed from the waist down. HSE inspector Martin Heywood described his astonishment that three similar incidents were allowed to happen on three separate occasions. He said: A man was sent on to a roof without safety equipment, despite two caretakers falling through skylights less than a month earlier. As a result, the worker is likely to need to use a wheelchair for the rest of his life. If the project had been properly planned, using appropriate equipment for work at height, then all three workers would have remained uninjured. Bizspace appeared at Warrington Crown Court on 7 January and pleaded guilty to s2(1) of the HSWA It was fined 5000 and ordered to pay 9000 in costs. Following the hearing a spokesman from Bizspace told SHP: The conviction of Bizspace only related to the falls of their two employees, not that of the specialist roofing contractor, which was clearly the most serious of the three. Judge Hales accepted that neither employee was instructed by the company to go onto the roof and indeed, that there was no necessity for them to be there. This was reflected in the low level of fine imposed. Inspector Heywood added: More workplace deaths are caused by falls from height than anything else but companies continue to allow workers to balance dangerously on roofs. It is vital lessons are learnt from this tragic case. MACHINE DEATH WAS EASILY AVOIDABLE A maintenance worker was killed when a machine he was working on was activated while he was still inside. On 8 September 2006, Clive Hall was carrying out repairs inside a cut and crease machine, which is used during the manufacturing of packaging, at Glossop Carton and Print Ltd s factory in Padfield, Derbyshire. The 50-year-old was working in the delivery end of the machine, when it was switched on by the operator, who was

2 not aware that Mr Hall was inside. As the machine powered up, Mr Hall was struck in the head by the transfer bars, which carry cardboard through the machine, and was killed instantly. The HSE inspector visited the factory on the same day and issued an enforcement notice to leave the machine undisturbed until the conclusion of his investigation. He told SHP that the incident could have been easily avoided by implementing a few simple measures. He said: Mr Hall tragically died because simple measures were not taken by Glossop Carton and Print to prevent the machine being switched on while he was inside. The maintenance of machinery often involves people working in dangerous situations not encountered during normal production work. People will continue to die in horrific circumstances if employers don t plan, control and monitor maintenance work to machinery. Both machine operators and maintenance workers should be given adequate training. If a simple procedure for cutting the power supply to the machine had been followed then Mr Hall s death could have been avoided. Glossop Carton and Print Ltd was subsequently sentenced at Birmingham Crown Court on 22 December following a Newton hearing. It was fined 50,000 and ordered to pay 76,150 in costs. In mitigation, the firm said Mr Hall was employed to do building maintenance and was not permitted to carry out machine repairs. It also stated that Mr Hall had carried out the maintenance on the machine under his own accord and without informing others. The machine was not returned to service following the incident and was later sold along with an identical machine used at the site. Following the incident padlocks were issued to each of the machine operators along with written instruction stating that machinery must be locked off during repair and maintenance activities. Following the hearing Mr Hall s ex-wife Pam said: His children have been totally devastated by Clive s death and continue to miss him terribly. The hardest thing was telling them their dad had been killed. I remember it vividly and they still find it difficult to accept he s gone. ENGINEER MAIMED DUE TO LACK OF DRILL GUARDING An engineering firm failed on three separate occasions to make sure that a drill had adequate guarding before it was used by an employee. Michael O Brien, 60, suffered permanent loss of movement to three fingers in his left hand after his glove was drawn into the chuck of a drill, while working as an engineer on only his second day at Jex Engineering Company Ltd. A court heard that the incident took place on 1 December 2009, while Mr O Brien was installing a machine during the construction of a waste-transfer station in Leyland, Preston. He was drilling holes into a steel plate as part of the installation of a conveyor belt, which was being built to transfer waste at the site. Jex Engineering had hired a magnetic drill stand and drill unit but didn t check that the machine s guard was in place. As Mr O Brien began drilling, the back of his left glove touched the rotating drill and his hand was pulled into the machine. He spent four days in hospital and required several skin grafts. He has been unable to return to work owing to his injuries. HSE inspector, Allen Shute, revealed that the company wasted several opportunities to make sure the drill had adequate guarding. It could have made appropriate checks when the drill was delivered, when it was issued to Mr O Brien, and when it carried out a full-site risk assessment before the work began. Inspector Shute said: These injuries have had a devastating impact on an engineer who relies on being able to use his hands for his job. Sadly, he has been unable to find work since the incident. Jex had three separate opportunities to make sure the drill was fitted with a guard, but it failed to act on all three occasions. Even small drills have the potential to cause serious injuries if they are not fitted with a guard. It s therefore vital that companies take the risk seriously. Jex Engineering Company was fined 4000 and ordered to pay 3250 towards costs. In mitigation, the firm said it had no previous convictions and it stopped using the drill immediately following the incident. It has introduced a company-wide policy stipulating that all hired machinery must be checked to make sure it is safe for use before being issued to staff. The company has also sent its senior managers on health and safety

3 training. Mr O Brien commented: I d only been working for the company for a couple of days but you just expect employers to know what they re doing when it comes to health and safety. Two of my fingers have been virtually paralysed and I now find it very difficult to grip with my left hand. Things I used to be able to do naturally, like holding a fork or opening a jar, now take real effort. I just hope the same thing doesn t happen to someone else, as I wouldn t wish it on anyone. CHECK YOUR ARRANGEMENTS FOR: - MANAGING RISKS AT WORK Arrangements You Need in Place: Risks at work need to be identified, managed, reduced, controlled and monitored. Every business needs to clearly define who is responsible to carry this out. They must be trained and competent to do so and all findings recorded and reviewed as required. This is to comply with the Management of Health and Safety at Work Regulations 1999 What is a Risk? Risk is the likelihood that a hazard will cause a specified harm to someone or something, eg if there are no guard rails on the scaffolding it is likely that a construction worker will fall and break a bone. What is a Hazard? A hazard is anything with the potential to cause harm e.g. working at height on scaffolding. What is a Risk Assessment? A risk assessment is nothing more than a careful examination of what, in your work, could cause harm to people, so that you can weigh up whether you have taken enough precautions or should do more to prevent harm. What is Risk Management? Risk management is a process that involves assessing the risks that arise in your workplace, putting sensible health and safety measures in place to control them and then making sure they work in practice. How to carry out Risk Assessments Identify the hazards Decide who might be harmed and how Evaluate the risks and decide on precautions Record your findings and implement them Review your risk assessment WE OFFER: - ARRANGEMENTS AND A POLICY FOR MANAGING RISKS AR WORK All your arrangements and policies need to be up to date and relevant to your workplace. We can review and compile arrangements and a policy for Managing Risks at work, to ensure that your company is compliant with the Health and Safety at Work etc Act 1974, the Management of Health and Safety at Work Regulations 1999 and the Health and Safety (Consultation with Employees) Regulations This is available as a separate service or can be incorporated into your Risk Management Package as part of your policy update. NRMS can also complete all your workplace risk assessments on your behalf and carry out awareness training regarding the legislative requirement for risk assessment and how to complete these effectively. For further information on how we can make sure your business is compliant with Managing Risks at Work please call for further details.

4 UP DATE: - THE OCCUPATIONAL SAFETY & HEALTH CONSULTANTS REGISTER (OSHCR) The Government has now accepted the recommendation outlined in the report, Common Sense, Common Safety to professionalise health and safety consultants. The report recommended a qualification requirement that all consultants should be accredited to professional bodies and a web-based directory of accredited consultants should be established. Health and safety consultants are being invited to sign up to this new independent register from (Monday 31 January) that is intended to become a new benchmark for standards in the profession. A network of professional bodies and stakeholders have been working together in partnership to develop this register. They have agreed that a minimum standard should be set for consultants to join the register. This will help employers know that those consultants on the register have been assessed and meet the minimum standard by the professional bodies that they belong to. OSHCR has therefore been established by a number of professional bodies representing general safety and occupational health consultants across the UK, with support from the Health and Safety Executive (HSE). All consultants who join the register are bound by their professional body/ bodies code of conduct and are committed to providing sensible and proportionate advice. Businesses that use the register to find a consultant will be able to find details of those with experience in their type of work who give general advice on how to manage health and safety risks. It aims to increase employers' confidence in accessing good quality, proportionate advice and also to address concerns that some employers - especially SMEs - can find it difficult to know how and where to get external health and safety advice. These consultants will have had their qualifications and experience assessed by their professional body and will therefore be approved by the Government. This will give prospective clients the reassurance that they are using a competent, trained, accredited specialists. NRMS have applied to join the OSHCR. Note Note to to our current and future clients: clients: NRMS is now VAT registered. VAT registration Number: NRMS is now VAT registered. VAT registration Number:

5 HSE SAFETY ALERTS: Overturns of JLG 500RTS Scissor Lifts HSE has issued a Safety Alert advising users of certain types of scissor lifts to make daily safety checks after five deaths in three separate incidents when the lift overturned. Following a review by HSE into these fatal accidents, all involving the overturn of a JLG 500RTS scissors lift, it has been established that in all three cases: the oscillating axle lockout valve failed as the platform was raised, and, the lift/drive interlock system did not work allowing the platform to be elevated above 6.7m without the stabilisers being deployed. In at least one of the three overturns, the scissors lift was driven with the platform above 6.7m which should not be possible. Powered Perimeter Gates HSE has issued a Safety Notice to advise on the action required so that the public, staff, and other workers are not put at risk by the design, construction and operation of powered perimeter gates. During the summer of 2010 two children died after becoming trapped in powered gates. Following earlier alerts this new Safety Notice provides further advice to landlords, commercial owners or facilities managers of properties with powered perimeter gates. HSE Site Inspection Initiative HSE inspectors are launching an intensive inspection initiative aimed at stopping dangerous practices on building sites. The inspection initiative runs from Monday 14 February 2011 till Friday 11 March and will focus on smaller sites concentrating on working at height, good order on site and asbestos surveys. Contact NRMS for further details regarding our site visiting and inspection services

6 TOOLBOX TALK OF THE MONTH: PROTECTING THE PUBLIC In today s legalistic society with the laws of civil liability and negligence being what they are, all companies need to take serious steps to protect the public. It doesn t really accomplish anything if we protect the public after an accident; their lawyer will have a field day in court at a cost to us and the future of our company. Efforts to protect the jobsite should be directed toward the young. (Many liability claims come as a result to injuries to youths that gain access to a site after hours or on weekends.) Children see these as playgrounds for adventure, therefore stoke piles of sand should be avoided, ladders removed or covered, holes and excavations protected to reduce the appeal of trying to get onto a site. Inform the police of the normal hours of work and ask that they regularly patrol the site after working hours. Have workers report changes in the work conditions that may require additional protective measures. If possible, fence in the site using plywood or herras fencing (this should be fixed together using two bolts), keep the site well lit at night, or make provisions for night / patrol guard. During working hours, don t let unauthorised personnel on the site without an escort or without written authority. Always segregate, fence or barricade open areas, excavations, ladders, platforms etc; to protect against fall exposures etc. Ensure that safety signage is displayed such as men working overhead, deep excavations no access to unauthorised personnel or Construction site keep out. These need to be maintained and kept in good condition. If you report any unauthorised access onto your working site report this to your manager immediately. Remember: In all situations of public exposure, it is important that steps are taken to eliminate the exposure of the public to injuries on a jobsite. In defending a suit against the company, good faith efforts can go a long way to protecting the company. Date: Site: Company Name: Completed by: The undersigned have attended:

7 Safe Roof Repair Works These are the essential health and safety top tips you should follow, even if you don t directly employ the people working on your site. 1. Almost all roof work needs scaffolding fit edge protection to stop people and materials from falling from eaves and gable ends. This is relevant to domestic and commercial premises. 2. On terraced properties make sure there is provision for scaffolding at the front and rear of the property. 3. Scaffolding should be used around chimneys and roof windows (work not to be carried out by ladder access). 4. Do not throw materials from the roof or the scaffold ( bombing ) use a chute or similar. This will ensure the safety of operatives and members of the public. 5. Stop materials falling onto the street, and onto people for example, use debris netting sheeting and/or close fitting scaffold boards. 6. Keep people away from the area below the roof work. This should be identified as an exclusion zone and the relevant barriers and signage should be displayed. 7. Do not go onto fragile roof surfaces such as cement sheets or those with skylights. Some roofs are fragile as they are made of asbestos corrugated sheets panels. Always ensure that an asbestos survey has been carried out and that operatives do not work on top of asbestos roof sheets. 8. Work from underneath, reach from an access platform or cover fragile areas on the roof. Permits to access roofs or to carry out working at height may have to be implemented as part of the control measures. 9. Ladders can be used to access the workplace but working from ladders is allowed only as a last resort and for very short duration works. Look into safer platforms for use such as scaffolding, mobile towers, mobile elevated working platforms, podiums etc. A risk assessment for working at height should be in place that demonstrates alternative access and methods of work have been considered. 10. Make sure your roof workers are properly trained and competent to do the work safely. Check their competency, training and insurance details. The photographs below are examples of BAD and GOOD roof working practices

8 BAD Practice GOOD Practice HAVE YOU ARRANGED YOUR FREE HEALTH & SAFETY ASSESSMENT FOR 2011 YET? We offer a FREE no obligation Health and Safety Assessment for local businesses (within Northants). During this assessment we discuss with you any H&S concerns you may have, we assess the risks in your workplace taking into account the size of the premises, processes, plant and equipment in use, number of employees, type of industry, standards of procedures currently in place and number of other sites or premises which forms part of your business - we will then develop a Risk Management Package (RMP) which acts as a retainer support service for you. This will suit your workplace risks and budget, to best serve your business. Our promise to you - is that we will NOT sell a service that is not beneficial or necessary for your workplace! The idea of the FREE assessment is to assess the level of H&S support that YOU may need in the future. You may not require a RMP (if your internal H&S management systems are implemented and managed efficiently and are effective) but you may require ad-hoc, interim services as required or an annual review to ensure your systems meet compliance standards. MAKE 2011 YOUR SAFEST YEAR YET! Suite 5 Green Lodge Barn, Nobottle, Northants, NN7 4HD, T: , E: info@northants-rms.com, W: