30 MILLION WORKING DAYS LOST
The UK has one of the best health and safety records anywhere in the world but with 30 million working days still lost each year more must be done to embrace the challenges of the modern workplace." This was the hard-hitting message Health and Safety Executive Chief Executive Geoffrey Podger delivered to the Annual Scientific Meeting of the Society of Occupational Medicine in York on 5 July 2007. He went on to say: "The cost to the country of the 30 million days lost in total to work-related ill health and injury in 2005-6 was a staggering £12 billion. As the structure of the economy shifts and the pressures of modern life change we have to find effective solutions to the new challenges in order to keep people healthy and in employment". He explained that the common health problems like stress and back pain are the greatest causes of sickness absence and work- related ill health. The HSE is seeking to tackle those issues by raising awareness, providing guidance and co-ordinating focused campaigns, such as the Better Backs campaign launched last year. However Mr Podger emphasised the role of those in the medical professions have too. Paying tribute to the work of the Society of Occupational Medicine and the vital and continuing contribution of HSE's Employement Medical Advisory Service (EMAS), Mr Podger said: "Many of you will have worked with HSE's own doctors, occupational health inspectors or even biomedical scientists, and will be aware of the wide and diverse range of functions they fulfil. In taking forward the occupational health agenda we must focus these resources and make the most of the unique expertise that is available to us and also embrace valuable input from outside specialists. Working partnerships are, as they have always been, an essential component in achieving better health and safety standards in the workplace. The Accord in place between the Society of Occupational Medicine and the Faculty of Occupational Medicine and indeed the groundbreaking government partnership on 'The Health Work and Well-being Strategy' are excellent examples of how co-ordination and co-operation can lead to more effective ways of working. Let us tackle this issue together and work in partnership with, employers, employees, trade union representatives and occupational health professionals to build a workforce that is fit for life, fit for work and fit for the future."
HAIN’S CONSTRUCTION FOCUS
Peter Hain, the Secretary of State for Work and Pensions, has announced he will be asking employers, trade unions and other organisations to come together and find ways to reduce fatalities in the construction industry. A range of key industry figures will be invited to a forum, to be held in September, which will particularly focus on ways to improve health and safety in the house building and refurbishment sectors. Peter Hain said: "Any rise in fatalities is not only shocking, it is completely unacceptable. It is vital that everyone involved in the construction industry puts health and safety first, everyone from clients to employers, designers to suppliers, large construction firms right down to the smallest builders. We have a seen a significant rise in deaths within the housing and refurbishment sectors and I am calling together clients, contractors, trade unions, designers, suppliers and others for a special forum in September to try and crack the problems in these areas. I have also asked the Health and Safety Commission and Executive to redouble their efforts in driving improvements within the construction industry. “ "With the Prime Minister's commitment to build 3 million new homes over the next few years and large scale developments such as the Olympics the industry and government must work together to do all we can to ensure the health and safety of construction workers is put first." Ed– Quite
NEW HSC CHAIR ANNOUNCED
The Secretary of State for Work and Pensions Peter Hain MP has announced the appointment of Judith Hackitt CBE as the next Chair of the Health and Safety Commission in succession to Sir Bill Callaghan who retires from the role on 30 September. Ms Hackitt is returning from an assignment as Director of the Chemistry for Europe project with the European Chemical Industry Council based in Brussels. In making the announcement, the Secretary of State, Peter Hain, said: "I would like to place on record my and the Government's thanks to Sir Bill Callaghan for his inspired leadership of the Health and Safety Commission over the last eight years. There is no doubt that his leadership has contributed hugely to our continued commitment to the improvement of the crucial issue of health and safety at work in this country. At the same time I am delighted to announce Judith Hackitt's appointment as Sir Bill's successor. Her extensive industrial experience, particularly in the field of health and safety, will be an enormous asset in her undertaking the complex and demanding role of Chair of the Commission." Judith Hackitt in accepting the appointment said: "I am very pleased to be re-joining the Commission as its Chair. I recognise the enormous challenges of improving still further health and safety in our workplaces, and I look forward to working with all the members of the Commission, the staff of the Health and Safety Executive and with Local Authorities to take this critically important work forward." Judith Hackitt's five year appointment will start on 1st October 2007. She will work on a three day per week basis. She trained as a Chemical Engineer at Imperial College, London and was previously employed as Group Risk Manager at Elementis PLC with world-wide responsibility for health and safety insurance and litigation. In 1998 she joined the Chemical Industries Association as Director of Business and Environment. She became Director General of the Association in April 2002. She was appointed as a member of the Health and Safety Commission on the same date. She held that post until December 2005. Her most recent appointment was Director of the Chemistry for Europe project with the European Chemical Industry Council based in Brussels. This was a project to restructure the network of Chemical Industries Trade Associations across Europe. FATIGUE AT SEA With something that sounds like a head-ache remedy advert the Maritime & Coastguard Agency has published two guides highlighting fatigue in seafarers and how to manage it. “Are you easily irritated? Do you have limited concentration and feel tired all the time?” The guides are entitled—Your Health at Sea 4 - Fatigue in Seafarers and Safety management at Sea 6 - Managing Fatigue in Seafarers. Copies are available free of charge from the Agency's distributors EC Group Tel.0845 603 2431 The guides are intended to raise both awareness of fatigue, and to assist Seafarers and managers in the Maritime Industry to improve their fatigue management skills, in order to ensure safe operations. The guides explain what fatigue is, and contain some useful tips and best practice guidance for both recognising and reducing the problem. Sharon Judge, Deputy Manager from the Seafarer Health and Safety Branch at the Agency said: "MCA appreciates the problems with fatigue at sea and the potential negative impact on both operational safety and the individual well being of the seafarer. Our aim is that these guides will assist seafarers and managers to recognise the signs and symptoms of fatigue, and educate them about taking steps to avoid and reduce fatigue.” Ed– maybe the HSE should produce similar guides for hard pressed office workers? The HSE does have guidance on fatigue and has looked in particular at the effects of fatigue on shift workers.
FARM CONFINED SPACE FATALITY
An inquest into the death of farm manager, Robert Davies, has highlighted the dangers of working in confined spaces on farms. HSE Inspector, Jo Fitzgerald, who investigated the fatal incident at Cockington Farm, Abbotsham, Devon, was a principle witness at the inquest. The inquest verdict was Accidental Death. Mr Davies (64), who was responsible for day-to-day management of the farms on the Portledge Estate at Abbotsham near Bideford, was found in a collapsed state in a slurry valve chamber at Cockington Farm (part of the estate) on 4 December 2005. He was found by a colleague and rescued by a fire crew wearing full breathing apparatus. He later died in hospital. Although the exact details of this tragedy are uncertain, evidence suggests that Mr Davies climbed into the valve chamber associated with the slurry lagoon (possibly to investigate a slurry leak or check a valve) and, because the chamber is below ground level, he had to enter via one of the two inspection hatches - i.e. he was working in a confined space. The valve chamber would not normally have held slurry but evidence indicates that some slurry was passing through it and that Mr Davies was overcome by toxic gases. An investigation into this fatal incident has been carried out by the Health and Safety Executive and a decision has been made not to pursue a prosecution. HSE Inspector Jo Fitzgerald, commenting after the inquest said: "Mr Davies was a respected and experienced farm manager and this incident highlights the need for everyone in the industry to think carefully about whether there are potentially dangerous confined spaces on their farms. Some may not be obvious at first and people may be working in them without realising the dangers. For example, many people working on farms will know that slurry stores are dangerous but they might not be as aware of the risks from inspection pits, valve chambers or other normally 'dry' parts of their slurry systems. Here, the presence of harmful gases might not be anticipated - but even very low levels of slurry gases can be toxic. Furthermore, it's not just slurry systems which pose risks but dirty water-treatment tanks, inspection chambers, forage tower silos, rapid composting systems, moist grain silos and the like, which can be equally hazardous. We have advice on how to work safely within confined spaces on farms and I urge everyone who might be affected to look at the HSE website or ask us for further information."
DANGER IN THE CHANNEL
At a hearing at Folkestone Magistrates, Dirk De Ridder, skipper of the racing yacht 'Mean Machine', was fined £6000 and £4200 costs for going the wrong way up a traffic lane in the Dover Straits Traffic Separation Scheme. On 13th May 2007 the racing yacht 'Mean Machine' was on a positioning voyage from Portsmouth, UK to Scheveningen, Netherlands prior to taking part in a race. At about 1850 the 'Mean Machine' was detected slowly entering the South West lane on a heading of 055 degrees true. She then proceeded for 6.5 miles in the wrong direction in the South West lane, contrary to Rule 10(b)(i) of the Colregs. The yacht's plan had been to follow the separation line/zone between the South West lane and Inshore traffic Zone very closely. De Ridder failed to realise that wind shifts would cause him problem which they ultimately did. Soon after gybing it should have become apparent to De Ridder that his course was taking him into the South West lane. 'Mean Machine' passed close ahead of a crossing vessel before passing between two South West bound vessels. The 'Mean Machine' was identified by a passing merchantman. Dover CNIS contacted the 'Mean Machine' by radio. The yacht then altered course and crossed the South West lane at right angles as required by rule 10 of the Colregs. Mr Mike Toogood, CNIS Manager at Dover Coastguard, stated "'Mean Machine' was crewed by nine people. If the yacht's position had been better monitored then the vessel 'drift' into the South West lane would have been quickly detected. Also by being so tight to South West lane he was asking for trouble. The results of his action were totally foreseeable. Safety in the Dover Straits Traffic Separation Scheme is dependant on all vessels, no matter what shape size or description, closely following the requirements of rule 10 of the Colregs." Ed—lets not forget this is the busiest sea-way in the world.
UNLAWFUL EXPORT—TRIVIAL FINE
Avocado Research Chemicals Ltd (ARC Ltd) has been fined the staggering sum of £600 and ordered to pay £100 costs after pleading guilty at Lancaster Magistrates' Court to the unlawful exportation of a controlled chemical substance. In July 2005, ARC Ltd exported 100g of 2-diisopropylaminoethyl chloride hydrochloride (also known as DCH) and 10g of hafnium, with a total value of around £60. DCH can be used as a pre-cursor to VX nerve gas. Hafnium can be used in the production of nuclear control rods. Both chemicals were exported without a necessary license to a broker in Egypt, a non-signatory to the Chemical Weapons Convention (CWC) In July 2006 ARC Ltd submitted its annual return of exports of chemicals covered by the CWC to the Department of Trade and Industry (DTI), who noticed that ARC did not have the relevant export license for DCH and Hafnium. ARC Ltd subsequently made voluntary declarations to DTI in relation to both chemicals. The case was referred to the Revenue and Customs Prosecutions Office (RCPO), the authority responsible for prosecuting non-licensed exports. A subsequent internal investigation at ARC Ltd concluded that the failure to apply for an export license or stop the export was a result of human error. David Green QC, Director of RCPO said: "Today's successful result shows how important it is for firms to make sure that correct exporting procedures are in place. ARC Ltd did the right thing once they noticed their mistake and contacted the authorities. But other companies should note that, even in a case where small quantities and genuine human error are involved, some action must be taken. The unlicensed export of potentially lethal substances is too serious to be ignored at any level." Ed- The Chemical Weapons Convention (CWC) is an arms control agreement which outlaws the production, stockpiling and use of chemical weapons. Its full name is the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction. Clearly the company was entitled to leniency based on the small quantities involved—but it was the DTI the spotted the error. It is interesting to see the UK has lost control of a precursor in the production of nerve gas and an element that can be used to produce nuclear control rods but that the penalty imposed would hardly register anywhere. Even a fine 10 times this amount would still be seen as nominal.
THE GAS MAN GOES TO JAIL
Ken Parry of Cynon Valley man was jailed for four months for carrying out work in breach of a prohibition notice issued by HSE. from Alma Street, Trecynon, Aberdare also pleaded guilty to charges relating to carrying out work while not CORGI registered, and making false entries on landlords' gas safety records. Parry, and his company Ken Parry Heating and Construction Ltd, were served with prohibition notices by HSE in January 2005 as a result of an investigation into gas fitting work undertaken, where there was a spillage of combustion products from the appliances concerned. However Parry had been carrying out work across South Wales since the issue of the prohibition notice, and one of his customers reported him to HSE after she checked the CORGI registration number he had entered on gas safety certificates and found it to be registered to another, unrelated gas fitter. HSE inspector Hugh Emment said: "This case is doubly disturbing because this individual was purporting to be CORGI registered when he clearly was not. All CORGI registered fitters carry a card which gives their registration number and details of the appliances on which they have had their competence assessed. Anyone who is in any doubt can call CORGI on 0800 915 0485. While gas appliances which are correctly fitted and maintained are extremely safe, incorrectly fitted or poorly maintained appliances can give rise to carbon monoxide which is odourless, colourless and can result in illness or death. This case also provides a salutary warning for anyone doing gas work without the correct training or registration - HSE will take the strongest action possible against anyone who does not comply with the law. Their behaviour is putting lives at risk." Ed-The charges against Ken Parry were: - One relating to the failure to comply with a prohibition notices - Two charges under the Gas Safety (Installation and Use) Regulations, 36 relating to the use of a false CORGI registration number on the landlords' gas safety records.
GETTING INTO HOT WATER
The HSE has issued a safety alert aimed at homeowners, tenants, landlords and the plumbing industry following two strikingly similar fatal incidents in the last four years where a large volume of near boiling water poured through bedroom ceilings onto occupants sleeping below. The purpose of the alert is to raise awareness of a rare but potentially serious scalding risk from domestic hot water systems which include a fixed all-electric or part-electric immersion heater in conjunction with a plastic cold water storage cistern or 'tank' located in the roof space. The HSE has advised homeowners and landlords to pay particular consideration to systems over ten years old, or where they may have concerns over the quality of the installation or repair work carried out. An overheating immersion cylinder will normally show warning signs so serious incidents are likely to be extremely rare. The HSE has advised that there are a number of steps that can be taken to reduce the risk: * Occupants should be aware of warning signs (such as excessive noise from the hot water cylinder) indicating possible thermostat failure and overheating of the water in the cylinder; * Storage cisterns should be installed on an adequate supporting base. The incidents that prompted this alert occurred primarily because the plastic storage cisterns were not supported across their entire area. In other words, the base of the cistern protruded over the edge of the base support board. (See the alert for further information.) * A safety cut-out feature, independent of the immersion heater thermostat, can be fitted to limit the temperature of the stored water, should the thermostat fail. The risk is greatest when cisterns are located above bedrooms. This is most likely in houses built between 1945 and 1975. Often these homes have, or used to have, a back boiler. If the cylinder is located in a bedroom it is probable that the cistern may be directly above it. Whenever a galvanised (metal) cistern is replaced by a plastic one, the thermostat to the immersion heater should be examined and preferably replaced by one with a safety cut-out. Specific information on British Standards for domestic cisterns and advice on warning signs, such as excessive noise coming from the hot water system, are included in the alert. It can be found on the HSE website at http://www.hse.gov.uk/services/localgovernment/alert.htm Ed- A 30-year old woman died on 30 May 2002 after an incident on 10 June 2002 in Penzance, Cornwall. An HSE investigation took place as the incident occurred in housing association managed property. A coroner's inquest was held 1/2 July 2003 - Verdict: accidental death. HSE decided not to take any formal enforcement action. A ten month-old baby died on 12 December 2006 after an incident on 19 November 2006 in Taunton, Somerset. The HSE investigation is ongoing as the incident occurred in local authority managed housing stock. As a result of the investigation HSE served an Improvement Notice on Taunton Deane Borough Council. The Notice requires the Council to undertake action in relation to hot water systems at other similar council properties to verify that they comply with the relevant safety standards. The Council has been co-operating with HSE at all stages of its investigation and the Improvement Notice builds on some of the Council's own proposals for improvement
SAFE HANDLING IN PORT
Chatham-based cargo handling company Convoys Ltd pleaded guilty at Medway Magistrates Court to a breach of health and safety law and was fined £2,000 plus £3,730.20 in costs. On 13 June 2005, Steven Winzar was on Chatham dockside unloading timber packs from a ship. The long rectangular packs, weighing 1.65 tonnes each, should have been unloaded side-by-side, two at a time. Instead they were lifted end to end, which made them unstable. When a pair of packs landed, they formed a V shape and swung together, trapping Mr Winzar between them. The weight of the packs crushed him, fracturing his pelvis and causing severe bruising. Mr Winzar, who was 37 at the time of the accident and living in Sheerness, was taken to hospital where he had major operations to reset his pelvis. He was off work for two months and no longer works in the docks industry. HSE Inspector Maria Strangward said: "This is a known risk in the industry, and there are guidelines on how ships should be safely unloaded. It is very important that companies adhere to the guidelines published by Port Skills and Safety Ltd (PSSL), the industry's own health, safety, skills and standards organisation, which are common knowledge. Our investigation showed that Convoys Ltd had used this method of work before the accident. If the company had planned and carried out safe unloading procedures, this accident could have been avoided and Mr Winzar would not have suffered his appalling injuries." Convoys Ltd of Forest House, Northside Three, Chatham Docks, Chatham, Kent pleaded guilty to a breach of Regulation 5 of the Docks Regulation 1988. Ed- Regulation 5 of the Docks Regulations 1988 states: "Dock operations shall be planned and executed in such a manner as to ensure so far as is reasonably practicable that no person will be exposed to danger."
ARCELOR AVIS SSC LTD FATAL ACCIDENT
Arcelor Avis SSC Ltd., previously known as Avis Steel Services Ltd, of Highfield Road, Little Hulton, Worsley, Manchester has been fined £75,000 and ordered to pay costs of £7,282 at Minshull Street Crown Court in Manchester after being found guilty of breaching Section 2(1) of the HSWA . HSE Inspector Charles Cottle describing the accident said: "Prior to the incident, the despatch team was not aware of the possibility that a wagon might move away if started in gear. The company failed to provide and maintain a system of work - for starting of wagons by members of the night shift despatch team - which was safe. They company further failed to provide the despatch team with such information, instruction, training and supervision as was necessary to ensure safety.” He went on: "Since the incident, information, instruction and training has been provided for the despatch team, by a transport industry trainer provider. This was a tragic accident that could have been prevented if the right procedures had been place." The court heard that the company processes steel coils into flat panel sheets and then despatches the sheets to customers. Paul Howell was a despatch loader for the company, and worked as part of a team that loaded wagons overnight ready for delivery the following day. He died in an incident on the 15 April 2005. It was the despatch team's practice that if vehicles needed to be moved they would reach into the vehicle to turn on the ignition while standing on the ground. Once all the wagons to be moved had been started up, they would then be manoeuvred in turn to their required positions. On this occasion it is believed that the wagon was parked in gear without the brakes on and when Paul Howell reached in to start the wagon it set off. Mr Howell pulled the drivers door back open and tried to stop the wagon, but it collided with another wagon and he was crushed. Ed– the maximum penalty in the Crown Court was an unlimited fine.
FORKLIFT ACCIDENTS BRINGS FINE
On Wednesday 18 July, Norlec Engineering Ltd of Bison Place, Moss Side, Leyland, pleaded guilty to four charges at South Ribble Magistrates Court and were fined a total of £20,000 and ordered to pay full costs of £3,311. The company were charged with two offences under the Management of Health and Safety at Work Regulations 1999, in that they failed to carry out suitable risk assessments, and two further offences of failing to conduct their business in such a way as not to expose people to risk under HSWA 1974. The court heard that Norlec, a precision sheet metal manufacturer employing 120 people, were prosecuted following two incidents involving forklift trucks on 10 February 2006 and 28 February 2006. In the first incident, driver Stephen Hewitt, who was employed by Chorley Palletts Ltd, had just delivered a batch of 220 wooden pallets when he approached the forklift driver to get his paperwork signed. The forklift trucked reversed and ran over his foot and Mr Hewitt suffered severe bruising causing him to be off work for five days. In the second incident, Ian Hustings, who is employed as a driver by Norlec, was walking into the despatch yard when he was struck by a reversing forklift truck. Mr Hustings broke his leg and was off work for several months. HSE Inspector Joanne Nicholls said: "Every year a significant number of people are killed or seriously injured by accidents involving vehicles in the workplace. Better planning, training and awareness, and the appropriate use of vehicles, can avoid most of these accidents. A well designed and maintained workplace will make transport accidents less likely. Often, small, cheap things can make a difference, such as making sure visibility is good, lights are adequate and working, potholes are filled, markings and signs are clear, or spills are cleared up quickly. Vehicles and pedestrians should be kept separate wherever possible. Think about what kind of vehicles move around your site and how much room they need to move safely. Then do what is practicable to keep vehicles in their areas, and pedestrians clear of them. Reversing vehicles are a major source of accidents. Nearly a quarter of all deaths involving vehicles at work occur while vehicles are reversing. The most effective way/means of reducing the risks is to remove the need for it altogether by setting up one-way systems, e.g. drive through loading and unloading. Where reversing is unavoidable, organise routes to minimise the need for it." Ed- Norlec were fined £10,000 for a breach of Section 2(1) of the HSW Act and £7,000 for a breach of Section 3(1). They were fined £2,000 for a breach of Regulation 3(1)(a) and £1,000 for a breach of Regulation 3(1)(b) of the Management of Health and Safety at Work Regulations 1999. The maximum penalties for these offences in the Magistrates Court are for breaching the s2 and s3 duties - £20,000 and £5,000 fine for each offence of breaching the MHSW regulations. See INDG 199 for HSE guidance on workplace transport.
DEMOLITION ACCIDENT PENALISED
J W Ousby and Sons Ltd of Singletons Cottage, Lord Lane, Penwortham, Preston have been fined £15,000 and ordered to pay £5,000 costs at Manchester Crown Court. The company was found guilty of two charges under HSWA Section 2(1) in that they failed to provide a safe system of work or provide employees sufficient information, instruction and supervision for safe demolition. Labourers Anthony Hartley from Blackburn and Kevin Waller from Preston both suffered serious injuries when a floor collapsed and they fell approximately four metres at the former BAE Ordnance site on Hercules Business Park, Lostock Lane, Lostock , Bolton on 23 October 2002. Anna Bliss, HSE's Principal Inspector (Construction) for Greater Manchester said: "Demolition work is potentially the most dangerous work in the construction industry. The work being done by J W Ousby & Sons could have been carried out safely without extra cost if the planning or supervision had been adequate. Mr Hartley and Mr Waller were seriously injured when the floor they were standing on collapsed beneath them. The long-term effects on them and their families have been devastating, as their injuries have meant neither has been able to work again. Ousbys were working to prepare the building at the BAE Ordnance site, Lostock, for conversion to a superstore. An internal concrete mezzanine floor was being demolished with a heavy-duty machine that can demolish the structure from a distance. This is a safe method of working so long as it is properly planned; the planned sequence of work takes account of the effects on the stability of the structure; and personnel are excluded from the vicinity of the work. This accident occurred because J W Ousby & Sons failed on all three of these points." Ed-given the reported failures and the long term effect of the injuries one might be forgiven for believing that this fine was on the low side—bearing in mind an unlimited fine was available to the court.
ANOTHER WORKPLACE TRANSPORT ACCIDENT
Rigid Containers Ltd, of Stoke Albany Road Desborough, has been fined £65,000 after pleading guilty to breaching the duty in s3(1) HSWA and reg 17(1) of the Workplace (Health, Safety and Welfare) Regulations 1992. Surrey based, G4S Security Services (UK) Ltd were fined £50,000 after pleading guilty to breaching their s2 HSWA duty. Costs awards of £10,650 and £7,900 respectively were also imposed. David Welsh, Northamptonshire HSE Inspector said: "This incident showed all the classic signs of a workplace transport collision between a vehicle and pedestrian. There was no separation of vehicles and pedestrians at Rigid's main entrance, the area where the accident occurred was poorly lit and road signs and markings to direct traffic were insufficient. Rigid had not thought about the effect of making changes to the routing of vehicles and Rigid and G4S had not communicated effectively with each other to decide issues of worker training, and the use of a safe system of work around workplace transport. HSE has published guidance covering all these issues for more than ten years and takes workplace transport accidents very seriously as they are the second highest cause of deaths at work in the UK. I hope other businesses can learn something from the accident that occurred at Rigid Containers by appreciating the high risks that affect workplace transport activities and do more to control those risks." Mr Robert Campbell, a 56 year old security officer from Raunds, employed by G4S Security Services (UK) Ltd, suffered serious head injuries after being struck by a car leaving the premises of packaging company Rigid Containers Ltd on Stoke Albany Road at Desborough on 17 February 2006. The security officer was checking an HGV leaving the site when he was hit by an employee's car that was also exiting the site through a different security barrier. Rigid Containers and G4S, of Sutton in Surrey, had jointly agreed the system of work used by the security officers. The plan did not make proper arrangements for controlling the operation of the vehicle barriers and the sequencing of traffic on to and off site. The problems were made worse as a result of Rigid Containers redesigning the main entrance to its factory in the summer of 2005 to change the way in which HGVs entered and exited the site. This was done without the company making a proper risk assessment of what the effect of these changes would be, particularly on the security officers who were required to work at the main entrance. The changes to the main entrance created an unmarked traffic junction in the open paved area and left security officers to decide traffic priorities and the sequencing of barrier opening and closing with inadequate instructions. In addition the security officer who had the accident was inadequately trained and poorly equipped to do the job, as he had not been issued with a high-visibility vest and torch.
LIGHTENING THE LOAD OF REGULATION—IN DUE COURSE
With the usual government hype the next steps in tackling regulation reform and supposedly creating a dynamic business environment have been announced by John Hutton, Secretary of State for Business, Enterprise and Regulatory Reform. He said: "We are committed to reducing the burden on business of regulation. But we also want to make it easier for businesses to meet their legal obligations with clearer guidance and better communication. We have put regulatory reform at the heart of our efforts to create the right conditions for business success by putting the Better Regulation Executive in the new department of Business, Enterprise and Regulatory Reform." The thematic announcement aims at turning ideas into action and setting the foundation for future success. [Ed– these are the government’s words and you just had to read them!] Transparency and prioritisation * The Secretary of State for Business, Enterprise and Regulatory Reform and Lord Drayson, Minister of State for Business and Regulatory Reform, will work with key members in both Houses to reduce current regulation and scrutinise the flow of new regulation. * The Government proposes strengthening the existing draft Regulators' Compliance Code to introduce an explicit duty on regulators to review the imposition and maintenance of unnecessary burdens on business and act to reduce them * Announce a review of the case for extending the Regulators' Compliance Code to regulators and inspectors of public services. Targeted Simplifications * Publicise the work the Better Regulation Executive (BRE) is doing with the Health and Safety Executive (HSE) on simplifying and reducing the costs associated with health and safety policy for low-risk businesses * Publicise the launch by the HSE of risk assessments for convenience stores/newsagents, general office cleaning contractors, and estate agents. This work will include dry cleaners, hairdressers and catering by November, and cover 70 per cent of businesses by the end of the year * Announce a root and branch review to simplify consumer policy, improve information for consumers and strengthen redress in order to deliver simpler, cheaper and better protections with reduced inspection and enforcement. This project will report by spring 2008 * Work with stakeholders on the Department for Business, Enterprise and Regulatory Reform's Simplification Plan including progress on dispute resolution regulations and employment law guidance Improved Delivery * Launch a more coherent and business-friendly approach to handling and communicating regulatory change based around the twice-yearly Common Commencement Dates, from October 2007 * Improve the government's performance in producing good quality and timely guidance for regulation with an impact on business, including developing a code of practice for guidance and working to give greater prominence to guidance in the regulatory process. Lord Drayson, Minister of State for Business and Regulatory Reform said: "I welcome the publication of these reports and am committed to driving forward the Government's agenda to reduce the regulatory burdens on business." Ed– Do you think anyone outside the Westminster bubble talks like this or can make sense of the government babble contained in the announcement? Simplifying regulations and their burdens on business makes sense—but perhaps they should simplify their use of English first!
DON’T OVERCOMPLICATE HEALTH & SAFETY SAYS HSC
As a part of the Government's Better Regulation Agenda the HSC and HSE have initiated a dedicated project to help small and medium size businesses (SMEs) to fulfil their health and safety requirements as outlined by law. With this initiative the HSE says it aims to reduce the cost of risk assessment to most business by a third. Speaking at an event that announced a number of government better regulation initiatives HSC Chair Sir Bill Callaghan said, "What has come to be known as 'elfandsafety' can be a frustrating business. In part it's frustrating because so many of the stories you hear are based on misinterpretations of the law, or the misguided actions of a few individuals. In reality much health and safety law is flexible, but it can be intimidating if you are not sure what is required." Building on HSE's sensible risk campaign Sir Bill announced the launch of three more of HSE's example risk assessments to help businesses. He continued, "We are saying you don't need to overcomplicate things, keep your risk assessment fit for purpose, make it a living document and act on it. Risk assessment should be about what practical steps you need to take to protect people, not paperwork for its own sake. By itself, filling in a form never saved a life. It should be a means to an end - sensible risk management." The HSE says it has been working closely with “stakeholders to develop industry-specific concise and practical example risk assessments that will help businesses with the information they need to make informed decisions, and make significant impact on the amount of time and money they feel they need to spend managing the risks in their workplaces.” This project will help SMEs understand what a 'good enough' risk assessment looks like. At the same event the Better Regulation Executive (BRE) launched it's study of the cumulative impact of health and safety regulation on low risk businesses which HSE will be supporting. Ed– as I have noted elsewhere—simplifying the use of English would be a good start! 1. All businesses must assess the health and safety risks in their workplace (from the Management of Health and Safety at Work Regulations). Some regulations outline specific risks they need to consider, such as those faced by users of computers (Display Screen Equipment Regulations); those from lifting and carrying things (Manual Handling Regulations); and those from chemicals (Control of Substances Hazardous to Health Regulations). All of these requirements apply in some way in most businesses. A record of the risk assessment must be written and kept under review. 2. The HSE is targeting this initiative at the six sectors in the economy that contain 70% of all businesses (Retail, Wholesale, Hotel & Catering, Transport, Motor Trade, Property and Business Services). 3. The HSE has already published example assessments for an office, a car repair garage, a warehouse and a contract bricklayer. Today HSE launched further examples for a convenience store/newsagent, an estate agent and a general office cleaning contractor. Example assessments for dry cleaning, hairdressing, cold storage warehousing and catering are planned for launch in November. 4. Examples on risk assessment can be viewed on the HSE website http://www.hse.gov.uk/risk/examples.htm None of the example risk assessments is more than four pages long.
BUNCEFIELD—THE SIXTH REPORT
The Buncefield Major Incident Investigation Board has published its 6th report, covering emergency preparedness for, response to and recovery from a major industrial incident. Lord Newton, Chairman of the Board said: "Our report calls on all those involved in dealing with major incidents to work together so that the emergency preparedness, response and recovery arrangements are made more effective. However much improvement is made in preventive measures, there can be no guarantee that a major incident will not occur. These wide ranging recommendations are directed throughout the UK. They apply to operators, local authorities, primary responders, central and regional government, devolved administrations, and regulators. The measures we call for include better mutual aid and other collective arrangements across Britain to assure all aspects of potential emergencies are adequately catered for, including public health aspects." The report points to the need for operators to reassess the major hazard potential of their sites. Prior to Buncefield, violent explosions and fires engulfing many tanks were not judged as being credible events by industry. Subsequent recommendations have called for adequate preparations to contain a developing incident on the site and prevent it becoming a major incident. The greater part of the report deals with a major incident affecting the local area surrounding a facility. The report recommends a consistent approach in government and for specified ministers to have responsibility for the emergency phase, and secondly the recovery phase of any similar disaster. It calls for special status (and central funding) for areas affected by a major incident and suggests this should begin without delay in the Buncefield area. Lord Newton concluded: "The Buncefield incident had a huge impact on the lives of local residents and businesses, and we would like to acknowledge the great resilience of the local community and business in the ongoing recovery effort to bring about a return to social normality. We also applaud the efforts of many organisations in the impressive emergency response to Buncefield. This relied on initiative and good working relationships of the responders, dealing with an incident that had been unforeseen and therefore not planned for." Ed- The Board said in its Initial Report, July 13 2006, that emergency preparedness and response was one of 4 main areas of concern in its investigation. The issue of managing the recovery of devastated communities back to social normality has become increasingly important over the lifetime of the Board given the perceived failures. The series of reports has stated that the paramount need remains for precautions to prevent fuel escaping from the vessels in which it is contained (Report 5 addresses this specifically). The second top priority, addressed in this report, is to ensure that the emergency preparedness and response arrangements are effective, because however much improvement is made in preventive measures there can be no guarantee that a major hazard incident will not occur. Overall the Board has emphasised: * The need for review/ changes in thinking towards major incident risk management at COMAH sites by site regulators and operators; * The importance of emergency preparedness and response around COMAH sites, involving central and devolved government, all responders and the surrounding local community; and * The importance for clear ministerial/ lead and central financial support in dealing with a major incident, with appropriate provisions considered during both the incident and recovery phases. The Board's 5th term of reference is to make recommendations for future action to ensure the effective management and regulation of major accident risk at COMAH sites. This will include consideration of off-site as well as on-site risks and consider prevention of incidents, preparations for response to incidents, and mitigation of their effects. In its initial report published in July 2006, the board set out three main areas of concern to be addressed under this term of reference. The investigation into whether any criminal offences were committed is continuing.
CHAIRMAN FOR CORWM
Environment Minister Phil Woolas has announced the appointment of Professor Robert Pickard as Chair Designate of the reconstituted Committee on Radioactive Waste Management (CoRWM). The reconstituted Committee is to provide ongoing scrutiny and advice to UK Government and devolved administrations on the long term management storage and disposal, of radioactive waste. The UK Government, in conjunction with the devolved administrations of Wales and Northern Ireland, is currently consulting on how implementation of geological disposal of higher activity radioactive waste could be taken forward and the consultation re-emphasises the commitment to ensure strong independent scrutiny of proposals, plans and programmes to deliver this. Professor Robert Pickard is Chairman of the Consumers' Association Which?, Director-General of the British Nutrition Foundation, Emeritus Professor of Neurobiology at the University of Cardiff, Visiting Professor at the Royal Agricultural College, Cirencester, and Fellow of the Institute of Biology and the Royal Society of Medicine so this will be a part time job! The professor is an international authority on the biology of honeybees and pioneered the development of solid-state, neural microbiosensors which clearly qualifies him for this role! Minister Phil Woolas commented: "Robust independent scrutiny is one of the key pillars that planning and development of geological disposal must be based on. Under Professor Pickard's leadership I am confident that the reconstituted Committee will continue the very high standards of evidence-based advice, founded on openness, transparency and stakeholder engagement, set by its predecessor." As Chair Designate, Professor Pickard will now play a part in the appointment of up to 14 members for the Committee. It is planned that the Committee will be in place from Autumn 2007 and appointments will be for a duration of three years. Remuneration for the Chair is £450 per day and is part time with a commitment of on average 1.5 days per week. Ed— The reconstituted CoRWM will not be representative of organisation or sectoral interests and the skills and expertise which will need to be available to the Committee will vary depending on the programme of work. For example, relevant skills may include: radioactive waste management, nuclear science, radiation protection, environmental law, environment issues, social science (including public and stakeholder engagement), geology/ geochemistry/hydrogeology, finance/ civil engineering/underground construction technology, repository performance/safety issues, materials science, environmental impact assessment, local government, planning, regulatory processes and ethics. Given the professor’s background I trust he is good a sourcing expertise from elsewhere.
MARINE WILDLIFE TO RECEIVE GREATER PROTECTION
Dolphins, marine turtles, otters and other marine species are to benefit from increased protection from this summer. Stronger laws are to be created for the protection of what are defined as “European Protected Species” and their habitats. Defra is reminding people that they will be brought into force on 21 August 2007. These new regulations implement the EC Habitats Directive, by making changes to the existing Habitats Regulations, and by introducing the new Offshore Marine Conservation Regulations. The removal of existing defences in the Habitats Regulations will mean that those carrying out activities that may have the effect of killing, disturbing, or damaging a breeding site or resting place of these species will now have to give greater consideration to whether the risk that their proposed activity may have such effects on these species can be avoided. Given these new arrangements it would seem prudent if operators sought to follow the good practice guidance issued by Natural England and the Forestry Commission. This guidance ives advice on assessing the presence of European Protected Species, assessing the possible impact of operations and practical strategies for avoiding committing offences. If an offence cannot be avoided the operator may seek a licence. The new Offshore Marine Conservation Regulations will extend protection to marine species, wild birds and habitats out to 200 nautical miles. A number of Special Areas of Conservation and Special Protection Areas in the offshore area will be identified and protected. The Joint Nature Conservation Committee will consult on the first seven draft sites later this year. See http://www.defra.gov.uk/wildlife– for more details.
PRIVATE SEWERS TO BE “PUBLICISED”
Defra published details of a plan to release householders from a liability most don't even realise they have - until something goes wrong and they face a bill for fixing the problem. It's estimated that as many as 50% of properties connect to private sewers, and that most other properties connect to a public sewer via a lateral drain. Currently these are the responsibility of the owners of the properties they serve, often without their knowledge. When they need repair the costs can be significant. In response to the concerns of householders, Defra announced in February that private sewers and lateral drains draining to the public sewer system should be transferred into the ownership of the nine statutory water and sewerage companies in England. Defra committed to a public consultation on how this transfer should happen, and on measures to prevent the proliferation of new private sewers and the recurrence of existing problems. The consultation is published at http://www.defra.gov.uk/corporate/consult/sewers-transfer/index.htm. It closes on 19 October 2007. The main options outlined are: * Automatic overnight transfer from a set date: All private sewers transfer into the ownership of the water and sewerage companies from a set date. Those which do not drain by gravity would transfer at a later date. There is no requirement for owners to apply to have their sewers transferred, or for owners to carry out works to bring their sewers up to a standard. * Automatic phased transfer from a set date: As above but phased over a period of time (10-30 years). Consideration would need to be given to how phasing is prioritised, for example whether those in worst condition are transferred first. * On owners' application, without conditions: Owners would be required to apply to Water and Sewerage Companies for transfer of their sewers but would not be required to carry out any works on their sewers to bring them up to a standard. * On owners' application, with conditions: Owners would have to apply to Water and Sewerage Companies for their sewers to be adopted and the sewers would have to be of a serviceable standard. The consultation is also asking whether all new sewers should be built to a minimum standard in order to prevent the problems with private sewers re-occurring in the future, how this should be enforced, and whether they should automatically be adopted as public sewers. Environment Minister Phil Woolas said: "The current system places an unfair burden on those householders who are served by private sewers and lateral drains. They pay the same sewerage bills as those served only by public sewers but on top of that have to foot the bill for maintenance when things go wrong. We have already committed to putting an end to this discrepancy. The proposals published today consider how this should happen. There are significant environmental gains to be made, as well as offering peace of mind to householders." Ed- Private sewers serve at least two properties, so are owned by two or more land owners. Often, the majority of a sewer will run outside the boundary of the properties it serves. Lateral drains serve a single property but always lie outside its boundary, e.g. under a public highway. The Government launched a public consultation in July 2003 to explore potential solutions. The Government's response to that consultation (2004) concluded that there was 'a clear case for action to be taken' and noted the high level of support among consultees for ownership of existing private sewers and lateral drains to be transferred to water and sewerage companies.