Posted 20.12.2016

Hospital fined after safety failings led to dementia patient’s death

Norfolk and Suffolk NHS Foundation Trust has been fined £366,000 after the death of a patient on a specialist dementia ward.

Council fined £250,000 for not protecting workers health

Thanet District Council has been fined after a worker was left with permanent injured after being diagnosed with hard arm vibration (HAV).

HSL: Respirable Crystalline Silica (RCS) – Health Surveillance and Exposure Control – Buxton, 17 Jan 2017

This one-day course will deal with background issues, current practice and how things are changing in relation to health surveillance, particularly in light of the new HSE guidance. It will also provide information about controlling RCS exposures in the workplace.

RR1087 – Market surveillance of FFP3 disposable respirators’

Filtering Facepieces (FFPs) are disposable Respiratory Protective Equipment (RPE) for protection against dusts, particles and aerosols. This report describes market surveillance testing of samples of ten FFP3 respirator models from ten different manufacturers that are available on the UK market.

RR1086 – Noise risk as described in instructions supplied with printing machinery

The printing industry uses a wide range of noisy machines that have the potential to damage workers’ hearing if the risks are not effectively managed. This report describes research that was carried out to assess the adequacy of the noise emission information provided in a sample of fifteen instruction manuals supplied by manufacturers of printing machinery.

Updated 22.12.2016

HSE SECTOR PLAN FOR HEALTH AND SAFETY IN CONSTRUCTION

HSE has recently published its draft Health and Work strategy and Sector plans.

The construction sector plan details what HSE are doing to help Great Britain work well. It covers health and safety performance, the top three strategic priorities for the next three to five years and actions we propose to take.

Our top 3 priorities are

• Reducing incidents of ill health, with a particular focus on occupational lung disease and musculoskeletal disorders
• Supporting small businesses to achieve improved risk management and control
• Embedding the principles of CDM 2015 

To help make further improvements, we will be starting a discussion early in the New Year with the wider health and safety community before publishing later in 2017.

Find out more by joining the conversation

2. RECENT ENFORCEMENT ACTIVITY

HSE prosecution announcement 07/12/16

 HSE informed BAM Nuttall Limited, Ferrovial Agroman (UK) Ltd, and Keir Infrastructure and Overseas Ltd that they will be prosecuted in relation to three incidents that took place during the construction of the new Crossrail railway tunnel construction, which runs east to west across London.

 Excavations

09/12/16: Construction companies fined after failing to carry out basement excavation work safely

19/12/16: Trio of firms fined £2million after worker’s leg is broken in trench collapse 

Further information

Construction Safety Topic – Structural stability during excavations

Busy Builder leaflet – Excavation: What you need to know as a busy builder

Busy Builder leaflet – Basement construction: What you need to know as a busy builder

 Mobile Plant and machinery

24/11/16: Man riding basket and worker crash five metres to the ground

09/12/16: Employee Seriously Injured after Fork Lift Truck Overturns 

Further information

Construction Safety Topic – Telescopic handlers

Construction Safety Topic – Mobile elevating work platforms (MEWPS) 

 

Roofwork/Working at height

08/12/16: Company and Director fined after Multiple Safety Failings on Construction Site

13/12/16: Builder prosecuted for worker’s fall

12/12/16: Prosecution of local roofing specialist company and its directors over unsafe roof work

19/12/16: Employee prosecuted for dangerous work at height

16/12/16: Air conditioning maintenance company in court over workers fall

Further information

Construction Safety Topic – Assessing all work at height

Construction Safety Topic – Working at height

Free leaflet – Fragile roofs

Busy Builder leaflet –Fragile roofs: What you need to know as a busy builder, contractor or maintenance worker

Busy Builder leaflet – Fragile roofs: What you need to know as a building owner, user or managing agent

Asbestos

25/11/16: Real estate company fined for safety failings

Further information

Asbestos health and safety 

Struck by

01/12/16: Worker suffers facial injury from crowbar

Further information

Busy Builder leaflet- Construction Phase Plan (CDM 2015)

 Gas safety

15/12/16: Building company fined for putting childminder and children at risk

Further information

Domestic gas health and safety

3. NEWS & PUBLICATIONS

HSL eBulletin – Exposure Assessment and Control

4. HEALTH AND SAFETY EVENTS

WWT events

Improve the health and safety of your business by attending a health and safety event near you. Most of the Working Well Together (WWT) events we list are FREE and all provide an opportunity to meet like-minded people, see interesting new equipment and get confidential advice.

 27 January 2017 – CDM Q&A with HSE Construction Inspectors, Leeds

 Other events

The Stress Summit 2017

Improving worker health, wellbeing and business performance through a preventative approach to stress

Hosted by the Health and Safety Executive (HSE), The Stress Summit brings together keynote speakers and industry leading lights to show how an organisational approach to preventing known stressors in the working environment can deliver tangible benefits.

Attendees will learn how to successfully implement HSE’s Management Standards, to prevent stress and to tackle current problems, helping to improve the physical and mental health of employees and reduce sickness absence.

In 2015/16 stress, anxiety and depression resulted in 11.7 million working days lost at an estimated social and economic cost of £5.2 billion. Not only is work related stress damaging to health and wellbeing, it can impact productivity, competitiveness and profitability.

Earlybird prices available until 6 January 2017

Visit the HSE website to find many more national events, conferences and HSL training.

Posted 7th December 2016

Three fined after man loses life due to fall through fragile roof

A company, its director, and a self-employed contractor have been prosecuted by the Health and Safety Executive (HSE), after Terry Lewis (a 65 year old retired mechanic) was fatally injured by falling through a roof light.

Window fitter in court after worker suffered fatal head injuries

A Southampton window installation company has been fined after a worker suffered fatal head injuries following a fall from a ladder.

Chemical company fined £3mil after the release of toxic vapour cloud on two separate occasions

A chemical company was sentenced today after a worker was killed and one left with life changing injuries when they were overcome by a toxic vapour cloud.

Residential care home fined after resident choked to death

A care home based in Fleet, Hampshire has been fined after an elderly resident who had difficulties swallowing choked to death on food which had not been cut up.

Employee dies after collapse of waste material covers him

A Kent-based waste and recycling company has been fined after an employee died when wasted material collapsed on top of him.

Builder handed suspended prison sentence and community service following unsafe gas work

A builder has been sentenced to 250 hours of community service for putting a home owner at risk following renovations to their house in Cardiff.

Packaging firm fined over safety breaches

A packaging company has been fined after a worker’s thumb was severed due to the company’s failure to take adequate measures to prevent access to dangerous parts of machinery.

Construction company fined after worker fell 6 meters

A Derbyshire based engineering construction company has been prosecuted after a worker fell and suffered severe injuries.

Council fined £250,000 for not protecting workers health

Thanet District Council has been fined after a worker was left with permanent injured after being diagnosed with hard arm vibration (HAV).

Worker injures hand in printing press

A seal and label producing company based in Kent has been fined after a worker Injured his hand in a printing press.

Worker injures hand on drill

A company in Essex, has been fined after a worker suffered injury to his hand on a drilling machine.

Company fined after workers fall into pulping machine

A maintenance company has appeared in court after a worker suffered serious injuries after falling 7 metres.

Council fined after boy nearly drowns

A council has been fined £75,000 after a four-year-old boy nearly drowned during a swimming lesson.

International Engineering Company in Court over workers death

An international engineering company has been sentenced following the death of a worker who fell 30 feet from an electricity pylon.

Four receive suspended jail sentences for health and safety failings

The director of a Port Talbot furniture factory and three of its managers have received suspended prison sentences for ongoing health and safety failings.

Updated 30th November 2016

GAS SAFETY CONSULTATION

HSE is consulting on changes to the Gas Safety (Installation and Use) Regulations 1998 (GSIUR) – share your views by 27 January 2017. The changes include making the timing of landlords’ annual gas safety checks more flexible, and clarifying that only gas safety defects should be recorded.    

Find out more and download the consultative document

RECENT ENFORCEMENT ACTIVITY

Fragile roofs

11/11/16: Three fined after man loses life due to fall through fragile roof

Further information

Free leaflet – Fragile roofs

Busy Builder leaflet –Fragile roofs: What you need to know as a busy builder, contractor or maintenance worker

Busy Builder leaflet – Fragile roofs: What you need to know as a building owner, user or managing agent 

 Roofwork/Working at height

02/11/16: Worker dies when temporary platform collapses

09/11/16: Window fitter in court after worker suffered fatal head injuries

17/11/16: International Engineering Company in Court over workers death

22/11/16: Construction company fined after worker fell 6 meters

 Further information

Construction (Design and Management) Regulations 2015

Busy Builder leaflet – Construction Phase Plan

Construction Safety Topic – Assessing all work at height

Construction Safety Topic – Working at height

Hand arm vibration (HAVS)

18/11/16: Council fined £250,000 for not protecting workers’ health

 Further information

Managing Construction Health Risks – Vibration

 Gas safety

07/11/16: Builder handed suspended prison sentence and community service following unsafe gas work

 Further information

Domestic gas health and safety

Electricity

23/11/16: Self-employed builder electrocuted at work

Further information

Construction Safety Topic – Electricity: Systems in buildings

NEWS & PUBLICATIONS 

RR1078 – The use of vehicle structure in load securing on heavy goods vehicles 

Safety Alert: Offshore Cranes Safety Systems 

Construction Industry Advisory Committee (CONIAC) – Minutes of meeting held on 17 August 2016

Health and safety statistics 2016

View the latest health and safety statistics for the construction industry

View the health and safety statistics for Great Britain

See our new annual summary booklet, presented in an infographic-style format

Buy our Health and Safety Vital Statistics 2016 poster

Industry

The Stop. Make a Change. campaign being organised by the Civil Engineering Contractors Association will see leading contractors and clients stand down work on the morning of 18 April 2017.

Firms taking part will use the stand down to discuss with employees and suppliers how the industry can work together to boost its performance in relation to health, safety and wellbeing.

Companies looking to get involved can contact enquiries@ceca.co.uk

HEALTH AND SAFETY EVENTS

WWT events

Improve the health and safety of your business by attending a health and safety event near you. Most of the Working Well Together (WWT) events we list are FREE and all provide an opportunity to meet like-minded people, see interesting new equipment and get confidential advice. 

There are no current listed events but please check the WWT events pages to find out what will be happening near you in the future.  

Other events 

Find out about our first ever Stress Summit – London, 16th March 2017

Visit the HSE website to find more many national events, conferences and HSL training.

Updated 17th November 2016 Metal company fined after worker loses foot A Bedfordshire metal company has been fined for safety breaches after a worker suffered severe leg injuries and lost most of his foot. Updated 16th November 2016 Man killed at fish processing firm A Plymouth company has been fined £500,000 after an employee suffered fatal injuries when a stack of boxes of frozen fish fell on him. HSE’s investigation found there was no safe system of work or instruction to staff on how pallets should be stored and there was no written procedure for dealing with falls of stock when they occurred. More information on the accident and prosecution can be found on HSE’s Press Release. HSE’s guidance note ‘Pallet Safety’ provides practical advice to those responsible for the design, manufacture, purchase and use of pallets as a base for assembling, storing, handling and transporting goods and loads. Download your free copy from HSE’s Website. Worker loses hand in blending machine An Ellesmere Port based home brewing kit manufacturer has been fined £8,000 and ordered to pay prosecution costs of £7,004 after an employee’s right hand was severed while cleaning a blending machine while attempting to dry the rim. More information on the accident and fine can be found on HSE’s Press Release. Agency worker injured at West Napton malting factory An agency worker was injured when he fell from a ladder at a malting factory in West Napton, Malton.  The company was fined £100,000 and ordered to pay costs of over £2,250. More information on how the accident happened and the prosecution can be found on HSE’s Press Release. More information on working at height and prevention of falls from height can be found on HSE’s Working at Height Webpages. Bakery fined for safety failings A bakery company based in Hertfordshire has been fined £3,000 plus £1912.80 costs for three different safety failings. The electrical network was not operated or maintained in a safe condition Guarding to machinery was not up to standard No health surveillance for exposure to flour dust Further information can be found on HSE’s Press Release. Paper mill worker suffers severe crushing injuries A Halifax paper mill firm has been fined for safety breaches after a worker suffered severe crush injuries to his right hand. The company was fined £120,000.00 with £6,354.00 costs when the workers finger was severed. For more information on the accident view HSE’s Press Release. Death of worker in printing machine A plastics manufacturer from Cambridgeshire has been fined and given a suspended sentence after a worker died after he was crushed by printing machinery. The worker entered the printing machine to apply thinners to the ink when the machine started trapping them. More information on the accident and fine can be found on HSE’s Press Release. Cardboard recycler fined A sole trader who recycles cardboard has been fined after a 19-year-old employee suffered severe damage to his left hand when it was drawn into a roller press that had no guards on it. More information on the accident and fine can be found on HSE’s Press Release. HSE has webpages dedicated to machinery guarding, visit the Basic Safety Mistakes Webpages  for more information. Apprentice loses finger on rotary press The owner of a business that manufactures specialist adhesive tape for industrial applications has been fined after a young apprentice lost his finger on a rotary die press while adjusting guides. More information on the accident and fine can be found on HSE’s Press Release.

HSE are to carrying out a programme of targeted inspections in the food manufacturing sector between 1 October and 31 December of this year. The inspections are focussing on:

• the control of musculoskeletal risks in all food manufacturing sectors,
• the control of flour dust exposure – an asthmagen – in bakeries and grain mills,
• and the control of exposure to Bovine Tuberculosis – that can be transmitted to humans -in abattoirs that slaughter cattle.

Health and safety at work statistics published for 2016

HSE’s latest annual statistics have been published and show that while Britain continues to be one of the safest places to work in Europe, many workers are still being injured or made ill by work.

The statistics show that an estimated 30.4 million working days were lost due to work related ill health or injury in 2015/16 and the estimated costs to Britain of injuries and ill health due to current working conditions is £14.1 billion (2014/15 figures based on 2014 prices). For more information visit HSE’s Statistics Website.

Once again the European Week for Safety and Health at Work proved a big success. The week of 24 – 28 October saw activities take place all over Europe aimed at promoting healthy ageing and sustainable work for all ages.

Things kicked off on 24 October with, among others, a conference in Bratislava organised by the Slovak EU Council Presidency. The conference, entitled ‘A better preventive culture in a new labour market’, was attended by EU-OSHA director Dr Christa Sedlatschek who presented the campaign’s latest findings. The conference provided an excellent opportunity to discuss major challenges for OSH in the future, such as the demographic change. Among many others, labour inspectors from Cyprus, Poland and Slovakia showed their active involvement in the campaign and the European Week.

In Spain events took place in over 40 cities. Providing real solutions to businesses, workers and key stakeholders on how to achieve a healthy, sustainable working life was the main focus.

In Madrid a video screening, workshop and technical days took place – all focusing on the importance of sustainable work at all ages. And in Barcelona a seminar looked at the various advantages and inconveniences to having different age groups in the workplace.

On 28 October another focal point, the Swedish Work Environment Authority, held its annual Swedish OSH parliament event in Stockholm. Dr Sedlatschek was in attendance as Professor of Occupational and Environmental Medicine at Uppsala University, Eva Vingård, presented new research on “Healthy workplaces for women and men of all ages”.

The European Week was also promoted by The Institute for the Advancement of Safety at Work in Croatia who hosted the Good Morning Croatia television show to discuss the Healthy Workplaces for All Ages E-guide and how to adopt a holistic approach to health and safety at work.

As well as on television, there was online promotion by EU-OSHA’s media partners. PPE.ORG got things underway with a Twitter chat ahead of the European Week on 19 October. This was followed on 26 October by an exclusive ‘virtual Q&A session’ between media partners and EU-OSHA director Dr Sedlatschek who reminded us that, ‘healthy working lives are good for individuals’ wellbeing and the economy. Healthy workplaces are not a luxury; they are essential.’

Media partners also organised events to showcase the campaign. In Poland Promotor BHP hosted the ‘Human Factor in Safety’ conference to share tools and experiences for creating safe working conditions in the mining, fuel and energy and metallurgical industries. In Germany, the ISSA Mining Newsletter organised the first Vision Zero Europe Conference focusing on the prevention of accidents and illnesses at work.

Seguranca Comportamental in Portugal also organised several events and seminars including a course on preventive health and safety for young technicians and another looking at age as a factor in accidents at work. A number of other media partners, including Safety Management, Seguridad Laboral, Prevention World, Rhsaludable, Gesunde Arbeit and PrevenBlog also got involved in promoting European Week events.

EU-OSHA’s Official Campaign Partners were also busy hosting a number of activities and events. For example, In EU-OSHA’s home city of Bilbao, PESI, the Spanish Technology Platform for Industrial Safety, along with its European counterpart ETPIS (the Cross-ETP Initiative on Industrial Safety), held the European Forum S2R, ‘Future Safety & Security Research in Europe 2016’.

All these events were the perfect opportunity to bring together EU-OSHA’s network of partners, workers and employers together to exchange best practices and generate ideas on how make workplaces more sustainable. If you were at one of the many events, don’t forget to share your stories and post your pictures on our Facebook event page.

To find out more about safety and health at work visit the Healthy Workplaces for All Ages campaign website, and don’t forget to follow the campaign on Facebook, LinkedIn and Twitter, using the hashtag #EUhealthyworkplaces to keep up to date with the latest news and events. You can subscribe to our newsletter via the campaign website www.healthy-workplaces.eu

Who enforces health and safety law?

Health and safety law is enforced by inspectors from the Health and Safety Executive (HSE) or by inspectors from your local authority.

Inspectors have the right to enter any workplace without giving notice, though notice may be given where the inspector thinks it is appropriate. On a normal inspection visit an inspector would expect to look at the workplace, the work activities, your management of health and safety, and to check that you are complying with health and safety law. The inspector may offer guidance or advice to help you. They may also talk to employees and their representatives, take photographs and samples, serve improvement notices and take action if there is a risk to health and safety which needs to be dealt with immediately.

Enforcing health and safety law

On finding a breach of health and safety law, the inspector will decide what action to take. The action will depend on the nature of the breach, and will be based on the principles set out in HSE’s Enforcement Policy Statement. The inspector should provide employees or their representatives with information about any action taken, or which is necessary for the purpose of keeping them informed about matters affecting their health, safety and welfare.

Inspectors may take enforcement action in several ways to deal with a breach of the law. In most cases these are:

Informal

Where the breach of the law is relatively minor, the inspector may tell the dutyholder, for example the employer or contractor, what to do to comply with the law, and explain why. The inspector will, if asked, write to confirm any advice, and to distinguish legal requirements from recommendations.

Improvement notice

Where the breach of the law is more serious, the inspector may issue an improvement notice to tell the dutyholder to do something to comply with the law. The inspector will discuss the improvement notice and, if possible, resolve points of difference before serving it. The notice will say what needs to be done, why, and by when. The time period within which to take the remedial action will be at least 21 days, to allow the dutyholder time to appeal to an Industrial Tribunal if they so wish (see ‘Appeals’ below). The inspector can take further legal action if the notice is not complied with within the specified time period.

Prohibition notice

Where an activity involves, or will involve, a risk of serious personal injury, the inspector may serve a prohibition notice prohibiting the activity immediately or after a specified time period, and not allowing it to be resumed until remedial action has been taken. The notice will explain why the action is necessary. The dutyholder will be told in writing about the right of appeal to an Industrial Tribunal (see ‘Appeals’ below).

Prosecution

In some cases the inspector may consider that it is also necessary to initiate a prosecution. Decisions on whether to prosecute are informed by the principles in HSE’s Enforcement Policy Statement. Health and safety law gives the courts considerable scope for punishing offenders and deterring others. For example, a failure to comply with an improvement or prohibition notice, or a court remedy order, carries a fine of up to £20 000, or six months’ imprisonment, or both. Unlimited fines and in some cases imprisonment may be imposed by higher courts.

Fee for Intervention/Cost recovery

A Fee for Intervention (FFI) cost recovery scheme came into effect on 1 October 2012 and applies where HSE is the enforcing authority.

The Health and Safety (Fees) Regulations 2012 put a duty on HSE to recover its costs from dutyholders who are found to be in material breach of health and safety law. A material breach is where you have broken a health and safety law and the inspector judges this is serious enough for them to notify you in writing. This will either be a notification of contravention, an improvement or prohibition notice, or a prosecution.

Dutyholders have to pay a fee if an inspector identifies one or more material breaches of the law during a visit to their workplace. The fee is based on the amount of time that the inspector has had to spend identifying the breach, helping you to put it right, investigating and taking enforcement action.

Dutyholders who comply with the law, or where a breach is not material, will not pay a fee for any work that HSE does with them.

Further information on FFI, the hourly rate and what it could mean for you is available on the HSE website at www.hse.gov.uk/pubns/hse47.pdf.

Appeals

A dutyholder will be told in writing about the right of appeal to an Industrial Tribunal when an improvement or prohibition notice is served. The appeal mechanism is also explained on the reverse of the notice. The dutyholder will be told: n how to appeal, and given a form with which to appeal; n where and within what period an appeal may be brought; and n that the remedial action required by an improvement notice is suspended while an appeal is pending.

Information to employees or their representatives

During a normal inspection visit an inspector will expect to check that those in charge, eg employers, have arrangements in place for consulting and informing employees or their representatives, eg safety representatives, about health and safety matters. Such arrangements are required by law.

An inspector will meet or speak to employees or their representatives during a visit, wherever possible, unless this is clearly inappropriate because of the purpose of the visit. When they meet, employees or their representatives should always be given the opportunity to speak privately to the inspector, if they so wish.

The inspector will provide employees or their representatives with certain information where necessary for the purpose of keeping them informed about matters affecting their health, safety and welfare. This information relates to the workplace or activity taking place there, and action which the inspector has taken or proposes to take. The type of information that an inspector will provide includes: n matters which an inspector considers to be of serious concern; n details of any enforcement action taken by the inspector; and n an intention to prosecute the business (but not before the dutyholder is informed).

Depending on the circumstances, the inspector may provide this information orally or in writing.

 

Added: 01.11.2016

Bolton night club owner fined over asbestos exposure

A Bolton night club owner has been sentenced after admitting a failure to carry out a survey for asbestos before starting on the refurbishment of a local night club.

Added: 04.11.2016

Worker dies when temporary platform collapses

A worker died and two others were badly injured at a construction site in Putney, when a temporary platform collapsed.

Plastics processing company fined for safety failings

A Liverpool plastic processing and reprocessing company has been fined after a worker suffered serious injuries when his arm was caught in a machine.

Worker seriously injured in mobile platform fall

A Buckinghamshire waste equipment maintenance firm has been fined after a worker suffered serious head injuries when a mobile elevating work platform (MEWP) overturned.

Farming and drilling contractors fined after mast strikes power line

Two Norfolk-based companies have been fined after a worker suffered life-changing injuries following an overhead power line strike.

Recycling firm fined after worker injured in shredder

A Kent based recycling company has been fined after a worker was injured whilst repairing a shredder.

Environmental Services firm fined over electrocution of worker

A company providing environmental services has been prosecuted after a worker was killed during asbestos removal work at a Welsh High school.

Testing Services firm fined over worker’s CO death

A Nottingham based company has been fined after a worker died from carbon monoxide poisoning while using an accommodation unit.

Council and contractors fined after man dies and another seriously injured in road works

Liverpool City Council and two of its contractors have been prosecuted following two separate incidents involving road works on a busy city centre road.

London garage owner sentenced for health and safety failings

A garage owner in Seven Sisters, North London, has been fined for several health and safety breaches after a worker was attacked by a guard dog.

Research has shown that just cutting two valley roof tiles in-situ in each daily shift (about fifteen minutes of work in eight hours) resulted in the operator being exposed to levels above the occupational exposure limit for respiratory crystalline silica (RCS). Colleagues working close by were also placed at risk.  The research findings led to a change in working practices in the construction sector.

Read the case study to find out what this means for you

 

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