BBC NOT TO BE PROSECUTED OVER RICHARD HAMMOND’S CRASH
The HSE has announced that it has concluded its investigation into television presenter Richard Hammond's high-speed crash last September. The investigation identifies omissions by two of the parties involved, but finds no grounds for prosecution. The crash occurred on 20 September 2006 while Mr Hammond was driving the Vampire, a jet powered modified drag racer at Elvington airfield, near York, during filming for BBC TV's Top Gear programme. The car was owned by Northants-based Primetime Landspeed Engineering (PTLE), who also provided Mr Hammond's training. The immediate cause of the accident was a catastrophic failure of the Vampire's front offside tyre at 288 mph on the seventh high-speed run of the day. Examination of this tyre and video footage showed that the tyre was damaged, as a result of an object (or objects) having entered the sidewall immediately adjacent to the edge of the tread, during the latter part of the previous run. A blister was visible in the tyre's outer side but this appears to have subsided and was not apparent immediately before the final run commenced. HSE's investigation team pursued three lines of enquiry: the planning and preparation undertaken by the BBC and PTLE, the training given to Richard Hammond, and a technical examination of the vehicle and its tyres. HSE acknowledges the assistance provided by the BBC and PTLE during this investigation, and the support provided by North Yorkshire Police. The investigation used evidence from the BBC's filming of the day, up to and including the accident, and telemetry data recorded as part of the filming. Specialist evidence was obtained from within HSE on ergonomic issues, from the Transport Research Laboratory Ltd on the tyres, and from North Yorkshire Police on the vehicle and crash scene. Principal Inspector Keith King, who led HSE team, said: "The investigation identified several safety features, which in combination, almost certainly saved Mr Hammond's life. These included: the structural integrity of the Vampire, which survived the crash intact; the design of the driver restraint arrangements; the crash helmet selected and the emergency rescue services on site at the airfield. Other precautions adopted included the decision not to deploy camera crews along the margins of the runway. The investigation also identified failings in the BBC's safety management systems relating to risk assessment and the procurement of services from others, and by PTLE in their risk assessment for the services they provided to the BBC at Elvington. These failings and other recommendations are being pursued with the two parties involved. However, when viewed against HSE's enforcement criteria, none of these failings merit prosecution." The investigation has identified wider issues for the broadcast industry about the preparation and training of presenters for such activities. HSE is passing these findings on to the Joint Advisory Committee for Entertainment. A detailed summary of the investigation is available on HSE's website at http://www.hse.gov.uk/foi/releases/richardhammond.pdf Ed– this was a very public crash, which fortunately had a happy outcome. Clearly all parties involved had taken health and safety precautions. Does this show that there is such a thing as an accident or is it always management failure?
NEW MEASURES TO TACKLE ROGUE HAULIERS
Hauliers who flout the rules of the road face being fined and having their vehicles immobilised under new road safety measures unveiled for consultation tby Roads Minister Dr Stephen Ladyman. The measures aim to ensure that hauliers based outside Britain cannot escape punishment, by giving the Police and inspectors from the Vehicle Operator and Services Agency (VOSA) the power to collect on-the-spot penalties from anyone without a valid British address. VOSA inspectors will also get the power to issue fixed penalty notices, providing a powerful new tool with which to tackle offenders. Stephen Ladyman said "We're calling time on drivers who think they can offend here and then disappear without risk of punishment. This is about making our roads safer and creating a level playing field across Europe. Our message couldn't be clearer: whether you live here or abroad, don't think you can get away with breaking the rules of the road." The measures being consulted upon seek to improve road safety by making it easier to penalise hauliers who break driving hours, weight or vehicle safety regulations. The new powers seek to reduce the use of the Courts which are currently the only means of penalising overseas offenders. The on-the-spot fines would be taken in the form of "deposits", equivalent to the value of the fine likely to be imposed. Offenders will then be given the chance to contest the charge in Court. Currently the Police and VOSA have the power to prohibit a driver and vehicle that breaks the rules, ie. to order the vehicle to remain stationary for a fixed period of time. Under the new rules the Police and VOSA will be able to immobilise any vehicle- whether based in Britain or overseas- if they believe there is a risk that the driver will continue with the journey before the prohibition has expired or if the driver refuses to pay the deposit. Whilst these measures will minimise the need for arresting and detaining a driver in custody for routine traffic offences, offences still considered serious enough to merit prosecution, e.g. falsification of records, would be referred to the Courts. Ed— The Department for Transport consultation can be found at http://www.dft.gov.uk/consultations/open/consulfixedpendepsch and is open for comments until 30 August 2007.
PESTICIDES PROSECUTION
A rare prosecution brought under the Food and Environment Protection (FEPA) Act 1985 for offences relating to the storage and use of an unapproved pesticide, resulted in a conviction. DEFRA had conducted an investigation into the deaths of a number of foxes in a residential area in Bromley, Kent On 6 June 2007 Mr Kee Chung pleaded guilty at Bromley Magistrates Court for storing and using an unapproved pesticide, carbofuran. He was fined £3,200 and ordered to pay £1,600 costs. The case was investigated under the Wildlife Incident Investigation Scheme (WIIS), following the discovery of a number of dead foxes in the area. Analysis of one of the foxes confirmed the presence of carbofuran. During the investigation, an unlabelled plastic box containing carbofuran granules was found in Mr Chung's unlocked garden shed. The box contained purple granules which were later identified as carbofuran. Mr Chung admitted using the carbofuran which had been brought into the UK from Hong Kong but claimed it was for the purpose of killing weeds. UK law requires that all pesticide products require an approval before they can be stored and used. Similarly all pesticides must be stored in their original container. Carbofuran is a carbamate insecticide. Its approval was revoked in 1999. The final permitted date for use of carbofuran in the UK was 31 December 2001. In its concentrated form carbofuran is highly toxic to animals and humans and can pose a risk through swallowing, eye contact and from breathing in the dust. In fining Mr Chung the magistrates commented on the 'great potential harm' that could have resulted from the inadequate storage of carbofuran. Ed- The offences prosecuted were: a) Without reasonable excuse using an unauthorised pesticide known as carbofuran - contrary to Regulation 4(5)(a) of the Control of Pesticides Regulations 1986 and section 16(12)(a) of the Food and Environment Protection Act 1985. b) Without reasonable excuse storing an unauthorised pesticide known as carbofuran - contrary to Regulation 4(4)(a) of the Control of Pesticides Regulations 1986 and section 16(12)(a) of the Food and Environment Protection Act 1985. The Wildlife Incident Investigation Scheme (WIIS) investigates cases of suspected poisoning of wildlife and other animals by pesticides in the UK. In England this work is undertaken by Wildlife Management Adviser's of Natural England's Wildlife Management & Licensing Service, on behalf of the Pesticide Safety Directorate (PSD) who are responsible for policy with regard to pesticides. The public can report incidents to a freephone hotline on 0800 321600. The Campaign Against Illegal Poisoning of Wildlife is aimed at deterring the illegal and careless use of pesticides, and offers advice on legal pest control. More information on the Scheme is available on the PSD website. Enquiries into incidents often involve the Veterinary Laboratory Agency (VLA) who undertake post mortem examinations on casualty animals and the Central Science Laboratory (CSL) Wildlife Incident Unit (WIU) who carry out pesticide analysis on samples obtained during investigations. Enforcement action may be taken by a number of agencies. In this case the Defra Legal Department pursued proceedings. Carbofuran products were revoked in the UK on 30 December 1999 with a winddown period until 31 December 2001 to allow existing stocks to be used up. The revocation was as a result of the approval holders not supplying data to support carbofuran through the UK Anticholinesterase Review. Further information on the UK Anticholinesterase Review is available on the PSD website
MANSLAUGHTER ACQUITTAL
Crown Court Truro—12 June 2007
At a hearing at the Crown Court at Truro, Mr Phillip Colver, aged 32 was found not guilty of a charge of manslaughter of Mr Ben Cochrane and not guilty to the charge of causing grievous bodily harm to Mr Frazer Cochrane. Mr Colver had previously pleaded guilty to three charges arising from breaches of the International Regulations for preventing Collisions at Sea. He was duly sentenced to 150 hours of community service for these offences. On the 16 July 2005 at approximately 11pm, Mr Colver was in charge of the 6.5 metre cabin cruiser 'Carrie Kate'. He was returning to Falmouth after an evening outing with 3 friends in St Mawes. Darkness had fallen and the vessel was proceeding without any navigation lights and at speed. At the same time Mr Cochrane, his brother and a friend were returning to St Mawes in a 4.5 metre Dory. The Dory was also without navigation lights but going at a slower speed than the Cabin Cruiser. The two vessels collided, with the larger vessel appearing to go over the top of the Dory. Mr Cochrane was killed on impact. Two hours after the incident, Mr Colver was breathalysed and found to be approximately twice the legal limit allowed for driving a car. Before passing sentence the Judge, The Right Honourable Mr Justice Owen said:- "The tragic outcome of the collision demonstrates all too clearly the dangers of driving powerboats at speed in waters where other boats are likely to be encountered. Driving at speed and in poor visibility, a power boat may be a lethal weapon." Detective Inspector Simon Selley, Devon and Cornwall Constabulary said: As in all cases that are brought before the courts involving alcohol, whether it is boats on the water, or cars on the road, there are no winners or losers. Many people can be affected by the outcome, and we would strongly encourage everyone to think first before making a decision that could affect the rest of their lives and others. Jeremy Smart, Principal Enforcement Officer for the Maritime and Coastguard Agency said, "This tragic event has had far reaching effects on many people and our sympathies go out to all concerned. The investigation of this case demonstrates how the MCA and the Devon and Cornwall Police can work closely together. The consumption of alcohol was a significant causal factor in this incident and its use combined with any water activity is to be avoided." Ed– I have commented before on the stupidity of many sea-farers who don’t take rudimentary precautions. There is an obvious reason for displaying navigation lights—so you can be seen!
ALCOHOL LIMITS INTRODUCED FOR ALL AT SEA
Transport Minister Stephen Ladyman has announced that he will be pressing ahead with the introduction of an alcohol limit for non-professional mariners. The limit of 80 milligrams per 100 millilitres of blood will be equivalent to that already in existence for professional mariners, and will apply to those persons involved in the navigation of a vessel greater than 7 metres in length and/or capable of a maximum speed of more than 7 knots. The limit for non-professional mariners is being introduced after a consultation in 2004. Announcing the results of the consultation, Dr Ladyman said: "Everyone has the right to enjoy themselves on the water, but in a way that does not put others at risk. We have weighed very carefully the results of the consultation exercise and the views of all concerned - leisure sailors, enforcement authorities and accident investigators. I am satisfied that in bringing in an alcohol limit for non-professional mariners and in setting the exclusion limit at 7 metres and 7 knots we are providing the best balance between improving safety and avoiding unnecessary regulation. “ The Department will be consulting on a set of draft regulations later in the Summer. Dr Ladyman said the regulations will not apply to jet skis: "Jet skis will not be included in the regulations for now because the Court of Appeal has ruled that jet skis are not ships and are not therefore within the scope of the existing legislation I intend to consult on extending the legislation to them in due course." Ed– The prescribed limits are; a) in the case of breath, 35 microgrammes of alcohol in 100 millilitres, b) in the case of blood, 80 milligrammes of alcohol in 100 millilitres, c) in the case of urine, 107 milligrammes of alcohol in 100 millilitres. An alcohol limit for professional mariners was introduced in March 2004. The alcohol limit offences do not affect the offence (under Section 80 (2) of the Railways and Transport Safety Act 2003) of having the ability to navigate impaired because of drink or drugs. Incidentally “Freddie” Flintoff would have escaped prosecution under the alcohol limits after his pedalo—given even he wouldn’t be able to achieve 7 knots—but his navigation ability was clearly suspect!
FATAL ACETYLENE EXPLOSION
On Saturday 26 May 2007, an explosion occurred in a van travelling along Front Street, Wolsingham, County Durham which resulted in the death of the driver, 33 year old Andrew Herd. The lead for the investigation has now transferred from Durham Constabulary to the HSE. The initial investigation has established that the incident is most likely to have been caused by an explosion of acetylene gas from oxy-acetylene cutting equipment being carried in the vehicle. The HSE has served a prohibition notice on the driver's employer, Ward Bros Plant Hire Ltd of Darlington, preventing the carriage of acetylene cylinders in closed vehicles until a number of specific precautions have been taken. The HSE's investigation into the underlying issues leading to the explosion is ongoing. In the meantime, all users of oxy-acetylene equipment are being asked to urgently review their safety precautions. Pam Waldron, HSE's Head of Operations in the North East, said: "Whilst the investigation continues, it is important that all users of oxy-acetylene equipment review their cylinder transport arrangements. Instruction and training of employees in safe operation, including regular checks of equipment condition and functioning, are needed to prevent any releases. In addition such gases are best transported properly secured in an open vehicle; if an enclosed vehicle is used, it should have adequate ventilation." Ed-under s22 HSWA inspectors have power to serve prohibition notices where they are of the opinion there is a risk of serious personal injury. Standards are laid down in L138 - Dangerous substances and explosive atmospheres: Approved Code of Practice and Guidance to the Dangerous Substances and Explosive Atmospheres Regulations 2002 (ISBN 0-7176-2203-7), available from HSE Books (tel. no. 01787 881165). Guidance can be found in the British Compressed Gases Association (BCGA) Code of Practice CP31 'Safe Storage and Use of Cylinders Mobile Workshops and Service Vehicles' (Rev 1: 2005). Details are available on the BCGA website - http://www.bcga.co.uk
ECJ UPHOLDS “SO FAR AS IS REASONABLY PRACTICABLE” (CASE C127-05 EUROPEAN COMMISSION v UNITED KINGDOM)
The European Court of Justice (ECJ) has upheld one of the key elements of British health and safety law - the use of the key phrase "so far as is reasonably practicable". Bill Callaghan, Chair of the Health and Safety Commission welcomed this decision. Mr Callaghan said: "I am pleased by this outcome. The Court has rejected the European Commission's claim that the use of "so far as is reasonably practicable" does not implement the Framework Directive. Quite clearly we have been effective in protecting people as currently we have the best occupational safety record in Europe. We continue to believe that the right way forward is a proportionate and risk-based approach protecting employees and others effectively, whilst allowing commonsense to be applied when deciding on what protective measures to adopt." The European Commission had challenged the use of the phrase because the directive, which lays down EU employers' duties to protect the health and safety of their workers, has no such qualification. The UK robustly defended the case and today the ECJ dismissed the European Commission's case and ordered it to pay the UK Government's costs. Ed- The EC brought the case against the UK in the ECJ, challenging the UK's implementation of European Directive 89/391/EEC, on the introduction of measures to encourage improvements in the safety and health of workers at work (The Framework Directive). The Commission's action was founded on the UK's use of the phrase "so far as is reasonably practicable" in section 2(1) of the Health and Safety at Work etc. Act 1974 (HSWA). The EC believed that this amounts to defective implementation of the Directive, which does not contain such a qualification. The EC referred the case to the ECJ (Case C-127/05) on 21 March 2005. The EC's claim (as reproduced in the Official Journal) is that the Court should declare that: "In restricting the duty upon employers to ensure the safety and health of workers in every aspect related to the work to a duty to do this 'so far as is reasonably practicable', the United Kingdom has failed to fulfil its obligations under Articles 5(1) and 5(4) of Council Directive 89/391/EEC of 12th June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work." The EC's complaint is based upon section 2(1) of the Health and Safety at Work etc. Act 1974 which states that it shall be the duty of every employer to ensure 'so far as is reasonable practicable' (SFAIRP) the health, safety and welfare at work of all his employees. The EC considers the SFAIRP qualification placed upon the employers' duty is incompatible with Articles 5(1) and 5(4) of the Directive. The Framework Directive Article 5(1) imposes 'a duty to ensure the health and safety of workers in every aspect related to the work'. Article 5(4) provides that the Directive "shall not restrict the option of Member States to provide for the exclusion or the limitation of employers' responsibility where occurrences are due to unusual and unforeseeable circumstances, beyond the employers' control, or to exceptional events, the consequences of which could not have been avoided despite the exercise of all due care." The UK did not accept that it has failed to properly implement the Framework Directive. The UK believes that the wording of s2 (1) of the HSWA, as interpreted by the UK courts, achieves the aims of the article. Furthermore, this is demonstrated by the UK's health and safety performance record, which is among the best in Europe. The 'so far as reasonably practicable' wording has been a long standing feature of English law and predates even the Health and Safety at Work etc. Act 1974 (HSWA). It introduces flexibility into the law and contrasts with some other Member State legal systems where the law is written in absolute terms but courts can apply flexibility and proportionality in their judgements. There is a strong body of case law, such as Edwards v National Coal Board 1949, (which revolved around whether it was reasonably practicable to prevent any possibility of a rock fall in coal mines) on which its current interpretation is now based. In my view the real underlying issue was the differences between our common law system which does not give the court’s the right to interpret legislation flexibly unless that flexibility is written into the law and the civil law system which gives that flexibility inherently to the courts. The real irony of this challenge is that it reveals that the Commission does not understand the common law, just as much as our government’s gold plating of EU directives reveals they don’t appreciate the inherent flexibility the civil law countries will inherently apply to implementation! Listen to my podcast on this judgment at www.brunswicks.eu or www.brunswicks.libsyn.com
ILLEGAL PESTICIDE STORAGE
On 13 June 2007, at Shrewsbury Crown Court, Mr John Rawlings was found guilty on three counts of illegally storing foreign pesticides, the jury were unable to reach a decision on a further 11 counts of illegal storage. It was ordered that these counts lie on the court file. The three illegal products which Mr Rawlings was found guilty of storing were: * Italian MOCAP: an organophosphate insecticide which lacks the additional safety of a closed transfer system required in the UK approved version. The closed transfer system on UK MOCAP was a requirement of the independent Advisory Committee on Pesticides in order to ensure operator safety in using the product. * Italian Sevin Flow: a product containing 473g/l (47%) of the carbamate insecticide carbaryl. Carbaryl containing pesticides were banned in the UK in 2001 following the safety review of carbamate and organophosphate acetyl cholinesterase inhibitors. Insufficient data to assess the safety of carbaryl were provided by the approval holder and all product approvals were revoked. * Italian Oscar: containing the insecticide tebufenpyrad at a concentration significantly different to that of any UK approved product. In evidence Mr Rawlings admitted that he had deliberately not applied for parallel import approval for any of the fourteen products as charged and had no approval for them as is required under UK and EU legislation. The UK licensing system for pesticides reflects European regulations and guidelines which are operated in a similar way by regulatory authorities throughout Europe. They are an essential safety measure designed to protect the public, pesticide users and the environment from potentially hazardous products. Mr Rawlings was given 2 year conditional discharges for the offences and was ordered to pay prosecution costs of £8,500 in addition to his own legal costs (estimated by his barrister to be £60,000). Ed-he seems to have got off lightly.
LUCKY ESCAPE BUT SIGNIFICANT FINES
The HSE has prosecuted Skanska Rashleigh Weatherfoil Ltd for breaches of health and safety law. At Aylesbury Crown Court on 15th June 2007 the company was fined £30,000 for breaching Section 2 (1)of HSWA and a further £30,000 for breaching Section 3 (1) with costs of £13,369.45 also being imposed. The HSE carried out an investigation after Mr John Brookes, Mr David Powell and Mr Noah Eastwood suffered electrical flash burns, following an incident on 22nd December 2005 at St Just House, Sunrise Parkway, Milton Keynes. Mr Brookes, Mr Powell and Mr Eastwood (from Essex, Chelmsford and Tilbury) were carrying out work in the switchroom to upgrade the power supply. They were working on an Air Circuit Breaker (ACB), which they had switched off therefore ensuring the load side bus bars were dead. As the sub-station supplying the ACB had not been switched off the supply side bus bars were still live. To form an insulator they placed a piece of Cordex between the supply and load bus bars. Cordex is a plastic corrugated material that is normally used to protect surfaces such as carpets and is not intended nor been tested as for use as an insulator. To aid dexterity they removed their gloves to tighten the bolts securing the new cable, this resulted in either their hand or spanner coming into contact to a live bus bar. It was found that site personnel of both Skanska and Wirepoint were not experienced in working on or close to live exposed equipment. Personal tools were used on site but were un-insulated as the men concerned had no requirement, for their normal work, to purchase more expensive insulated tools. All three man were taken to Milton Keynes Hospital where Mr Brookes had burns to his right wrist, Mr Powell had to be transferred to Stoke Mandeville where he had to receive skin grafts for his left hand and back. Mr Eastwood was also transferred to Stoke Mandeville where he had skin grafts to his right hand and had impaired vision. Judge Cripps after the hearing said: " Skanska's system of management failed, there was no proper risk assessment or method statement prepared there was nothing in writing to the workman involved and there was failure in the management to follow procedure for H&S. Full credit for early plea and new procedures now in place."
SOUTH WEST WATER FINED FOR UNFIT DRINKING WATER
South West Water pleaded guilty on Wednesday 20th June 2007 to supplying water unfit for human consumption at Honiton Magistrates Court. The incident involved the supply of drinking water containing diesel to consumers in the Pennsylvania, Beacon Heath and Stoke Hill areas of Exeter in February 2006. The charges were brought under Section 70 of the Water Industry Act 1991. In response to the verdict, Professor Jeni Colbourne, Chief Inspector of Drinking Water, said: "The outcome of this case confirms that South West Water failed in its basic duty to ensure drinking water is fit for consumption at all times. Consumers can be assured that DWI will always investigate and act on their behalf. It is very disappointing when our independent investigation demonstrates that prosecution is necessary to prevent repetition of errors or omissions by the company". The Company was fined £ 5,000 on each of four specimen counts (total £20,000) and ordered to pay £11,875.10 toward prosecution costs. The Inspectorate will make the results of its investigation publicly available in due course. Ed- Section 70 of the Water Industry Act 1991 makes it criminal offence for a water company to supply water which is unfit for human consumption. DWI investigates all drinking water quality incidents and since the Water Act 2003 take prosecutions in the name of the Chief Inspector of Drinking Water. Prosecutions are brought where there is reliable evidence that water unfit for human consumption was supplied and where the company does not have a defence that it took all reasonable steps and exercised all due diligence. This prosecution follows an investigation by DWI into an incident that occurred on 5 February 2006 involving the supply of water containing diesel. Diesel was introduced into the system at Belvidere service reservoir on 3 February 2006 almost certainly by mistake. It then took several days to enter the water supply. This drum of diesel most likely originated from the Company's depot at Exewater where it had been used for the transport and storage of red diesel although, being marked as containing hypochlorite (chlorine solution) and appearing new and unopened, it was then mistaken for hypochlorite hence being introduced into the water system by mistake. No malicious intent was ever suspected on behalf of any individual. However, the incident was significant and widespread, affecting water supplies to potentially 6,250 consumers. South West Water received nearly 2,400 calls from consumers during the incident. Many consumers in the affected area experienced and objectionable taste or odour in their water and rejected it for drinking, washing and food preparation purposes.
FALL FROM HEIGHT
K and M Joinery Ltd of the Nurseries, Linstock, Carlisle, Cumbria was fined £2,600 and ordered to pay £1,395 costs by magistrates at Penrith. The company pleaded guilty to breaching Regulation 6 (3) of the Work at Height Regulations 2005. Apprentice, Brett Lawden, aged 19, received spinal injuries after falling through an unprotected stairwell at a site in Langwathby near Penrith on the 6 July 2006. He has since made a full recovery. HSE inspector David Charnock said: "Brett Lawden's injuries were serious, but the consequences of this accident, could have been far worse. Falls from height remain the most common kind of accident causing fatal injuries. Latest figures show that 46 people died from a fall from height at work in 2005/06, with 3,351 seriously injured. Companies involved in building, refurbishment or maintenance should ensure that the work is planned properly and sensible measures taken so that workers are not exposed to risk. This case graphically illustrates that risks should be properly assessed and the results acted upon to ensure that decisions can be taken on what is the most appropriate equipment and working practices to be used to ensure safety." Ed-Regulation 6 (3) of the Work at Height Regulation 2005 states: "Where work is carried out at height, every employer shall take suitable and sufficient measures to prevent, so far as is reasonably practicable, any person falling a distance liable to cause personal injury. “
MACCLESFIELD BOROUGH COUNCIL FINED
Following Macclesfield Borough Council’s conviction the HSE has warned all employers to ensure that staff are properly trained and given information about the equipment and materials with which they are work. The warning was made on the day after Macclesfield Borough Council was fined a total of £6,000 ordered to pay £3,747 costs after pleading guilty to two health and safety charges at Macclesfield Magistrates Court. HSE Inspector Catherine Catchpole said: "The charges were brought after council employee Andrew McKeith failed to return from work. He was reported missing by his wife after spending a day spraying the herbicide 'Enforcer' at recreation grounds throughout the borough. Mr McKeith had not been trained in proper use of the herbicide nor was he given the correct protective equipment and therefore suffered prolonged exposure to its effects. As a result, when he returned to his normal workplace he became disorientated and has no recollection of where he spent the night of 12 April 2006. He was not found until the following morning when a colleague found him wandering in Bollington Recreation Park. It is vital that businesses of all types and size realise that they must ensure their staff has been properly trained in using equipment and materials and are also given the correct protective equipment to reduce the risks from using it."
MORE CARBON MONOXIDE HORRORS
Landlords must ensure gas appliances are safe for tenants. This HSE advice follows the prosecution of two landlords after a mother and two children were hospitalised as a result of carbon monoxide (CO) poisoning from a gas-powered warm air heater. Landlords Philip Preece and Elisabeth Struthers were found guilty of failing to ensure a warm air heater had been maintained safely and also of ensuring it was regularly serviced by a CORGI registered gas fitter. They were fined £2,500 each with an additional £1,800 costs awarded against them - totalling £6,800. The defendants were also found guilty of contravening the Gas Safety (Installation and Use) Regulations 1998. The landlords owned a flat in Yardley Court, Hemingford Road, North Cheam and rented it out to the victim Danielle Collins, who lived there with her two young children, who were aged 12 weeks and 17 months at the time of the incident. An ambulance was called to the flat on the 22nd December 2006 after reports that a baby was suffering from breathing problems. Miss Collins, and her two children were taken to St Helier Hospital where they stayed for two nights. The family did not return to the Yardley Court flat until 5th January 2007. The City of London Magistrates Court heard that when the heating system in the flat was tested by the HSE it was found to be producing 24,000 parts per million of CO. The test found CO started to leak into the bedroom and hall and had already reached dangerous levels in four minutes. Once the inside of the heating system had been cleaned CO levels fell to two parts per million. The warm air heater had not been inspected or maintained since 1996. In noting the trend to buy-to-let the magistrates said they were seriously concerned by the lack of interest in the safety of tenants: "We want to send a clear signal to private landlords to look after the health and interest of their tenants instead of their own financial interests" HSE Inspector Andrew Withers, said: "I am pleased the Court took this matter so seriously and I believe this will be a real deterrent for landlords who don't pay attention to their duties. It should be remembered that this is a case where no one was left with permanent injuries, where the defendants have modest incomes and were sorry. In different circumstances the fine could have been much higher. Keeping gas appliances in a safe condition and having a competent person to maintain them is not hard to arrange. Landlords need to realise they can potentially face charges of manslaughter if they fail in their duties and someone dies as a result."
PROTECTION FOR VULNERABLE WORKERS
Employment Relations Minister Jim Fitzpatrick has called on unions, businesses and workers to pass on evidence of abuse of vulnerable workers to a joint enforcement body. The Vulnerable Worker Enforcement Forum has been set up by Alistair Darling to crack down on abuses of workplace rights. It will consider whether abuses are tackled effectively through existing enforcement and support mechanisms or whether improvements to existing mechanisms, or new approaches, are needed to raise compliance without increasing burdens for good employers. It will have a dedicated email address to collect evidence. Vulnerable.workers@dti.gsi.gov.uk Evidence gathered by the enforcement bodies suggests that hotels and restaurants are the highest risk sectors, followed by healthcare, retail and construction. Jim Fitzpatrick said: "Over the last ten years we have brought in a series of rights to improve conditions for all workers but especially the most vulnerable workers. While most workers have benefited from initiatives like the National Minimum wage, rights for part time workers, statutory holidays and better health and safety there are still some who are not getting the protection they should. Shocking abuses still go on in a minority of workplaces. They are unacceptable and must be stopped. The Forum will be looking at all evidence of where rogue employers are ignoring UK law and mistreating their workers. I want anyone with evidence to send it to us. We will consider it alongside the evidence from unions and employers and the experiences of our front line enforcement agencies." Jim Fitzpatrick will chair the Forum. Members include: - The TUC and front line unions with significant membership in sectors where enforcement agencies report higher levels of complaints - T&G, GMB and UCATT - Business representative groups - CBI, the Recruitment and Employment Confederation and small business - Enforcement bodies - HM Revenue and Customs which enforces the National Minimum Wage, the Health and Safety Executive, the Gangmaster Licensing Authority, and the Employment Agency Standards Inspectorate
FATAL FALL
The HSE has prosecuted Enid Vale Ltd trading as B.K. Grain Handling Engineers, of Marlborough, Wiltshire, and Mansel Raymond, trading as Raymond Bros of Jordanston Hall, Letterston, Pembrokeshire following the death of Alan Ellison from Swindon in June 2004. Mr Ellison's employer, Enidvale Ltd pleaded guilty to breaching Regulations 3(1) and 7(1) of the Management of Health and Safety at Work Regulations 1999 and was fined £20,000 and ordered to pay costs in excess of £8,000. Raymond Bros was found guilty of breaching Section 2(1) of the Health and Safety at Work etc Act 1974, in relation to risks to safety of their employees, and was fined £10,000 and order to pay costs of £15,000. HSE Inspector Wayne Williams said: "Working at height is extremely dangerous, as this case has so tragically demonstrated, and it is imperative that employers carry out proper risk assessments, and ensure their staff are adequately trained to work at height. Unfortunately, this remains something that too many employers fail to take into consideration, and I hope the fines in this case will serve as a warning to employers to put into place proper systems and safeguards to prevent death or injury to their workers." Mr Ellison was employed to help install a new grain drying system at Mr Raymond's farm when the incident took place. He died after falling around eight metres onto the concrete floor below. Ed- Latest figures show that 46 people died from a fall from height at work in 2005/06, while 3351 were injured. Falls from height remain the most common kind of accident causing fatal injuries.
ARISE SIR BILL CALLAGHAN
It has been announced that Bill Callaghan, the chairman of the Health and Safety Commission is to be knighted for services to health and safety. Commenting on this welcome recognition of Bill Callaghan's achievements Geoffrey Podger, Chief Executive of the HSE, said, "Bill's outstanding achievement and service to health and safety has been accentuated during his eight years as HSC Chair. He has played a leading role in raising awareness of the importance of ensuring that risks to the health and safety of workers are properly controlled and forging partnerships between HSC/E and employers, trade unions and other stakeholders to reduce ill-health, injury and days lost in the workplace. Bill has championed the sensible risk message and has steered the organisation closer to realising its long term vision to see health and safety as a cornerstone of a civilised society and, with that, to achieve a record of workplace health and safety that leads the world." Sir Bill Callaghan said, "I was thrilled and delighted to be given this honour. I hope that I have made a difference over the last 8 years to improving health and safety in the workplace, by setting a clear strategic direction, by promoting the cause of sensible health and safety, by encouraging a partnership approach and by promoting the good work done by HSE staff. The improvements in health and safety over the last 8 years are not, of course, just down to me but also to the enormous contribution of the staff in HSE and Local Authorities, my fellow Commissioners and all those involved in managing health and safety in the workplace. I am grateful for all their support and commitment." Prior to taking up appointment as HSC Chair, Bill Callaghan was the Chief Economist and Head of the Economic and Social Affairs Department at the TUC. He served on the Low Pay Commission from 1997 - 2000 and played a key role in the introduction of the National Minimum Wage in April 1999. He has also served as a Magistrate on the Kingston-upon-Thames bench since 2005. Ed– I add my congratulations to Sir Bill.
SEVERE FINES IMPOSED IN TAYLOR FATALITY CASE
Sentencing in the Justin Taylor case has taken place. The Prosecutions arose when an incident involving a dumper truck killed Justin Taylor at the Fremlin Walk development in Maidstone, Kent on 20th June 2003. Miller Construction Ltd was fined £75,000 plus costs of £52,228, P.J Carey Contractors Ltd were fined £100,000 plus costs of £17,643, Sean Mongan was fined £2,500 and Barry Pollen was fined £1000. If the two individuals fail to pay they will face 28 days imprisonment. Peter Collingwood, HM Inspector of Health and Safety, said: "This fatal accident could clearly have been avoided if all the parties involved had co-operated in setting up a safe site, ensuring that there was safe plant that was only being operated by trained competent drivers. On this occasion the companies involved failed to carry out even the most basic checks on the drivers ability to safely operate a dumper. It is likely that a trained driver would have recognised that the dumper was unsafe to be used and that it should be taken out of service until repaired. If adequately segregated pedestrian routes had been provided to enable people to walk to their places of work without sharing vehicle routes then it is likely that Justin Taylor would not have been in the vicinity of the dumper when its brakes failed, resulting in him being struck when it ran down a slope out of control." The charges brought against the defendants were: 1. Barry POLLEN a. Health and Safety at Work Etc Act 1974 - Section 7(a) 2. Sean MONGAN b. Health and Safety at Work Etc Act 1974 - Section 7(a) 3. Miller Construction (UK) Limited c. Health and Safety at Work Etc Act 1974 - Section 3(1) d. Construction (Design and Management) Regulations 1994 - Reg. 15(4) 4. P.J. Carey Contractors Limited e. Health and Safety at Work Etc Act 1974 - Section 3(1)
WHERE SHALL WE STICK IT—NUCLEAR WASTE
Consultations have begun in seeking to find a permanent repository for the UK’s nuclear waste. The consultation is seeking views on the technical aspects of designing and delivering a disposal facility for higher-activity radioactive waste, and on the process and criteria to be used in deciding where the future facility should be located. Based on the recommendation of the Committee on Radioactive Waste Management (CoRWM), the Government announced last year that geological disposal, coupled with safe and secure interim storage, would be the way forward for the long-term management of the UK's higher activity radioactive wastes. UK Environment Minister Ian Pearson said that the Government was proposing an entirely new approach based on the concept of voluntarism - that is, communities expressing an interest in taking part in the process. "We need to decide how a site for the geological disposal facility is chosen. As we do that, we want make sure that people have a chance to have their say at every stage in the process. The proposed disposal facility will be a high-technology, multi-billion pound project that will bring investment and jobs for generations. It will result in significant economic and social benefits both for the host community and the wider surrounding area." Mr Pearson said that the UK could learn from the considerable experience of other countries that have already adopted geological disposal as a way of dealing with radioactive waste in the long term. These countries include France, USA, Sweden and Finland. Mr Pearson stressed that this is not the start of a site selection process. "There is no site selection process underway at this point - and there won't be until after we have consulted the public, and we have established and published our policy on the way forward in light of responses to that consultation," Planning and developing geological disposal will be based on four pillars: * Partnerships with potential host communities that allow issues and opportunities to be fully discussed and evaluated; * Implementation by the Nuclear Decommissioning Authority (NDA), with clear responsibilities and accountabilities; * Strong independent regulation by the statutory regulators, the Health and Safety Executive, the environment agencies and the Office for Civil Nuclear Security; and * Independent scrutiny and advice to Government by a reconstituted CoRWM, carrying forward the original committee's commitment to openness and transparency. The consultation will run until 2 November 2007. More information is available at http://www.defra.gov.uk/WEBLINK, Ed-A copy of Ian Pearson's written Ministerial Statement to Parliament is available at http:// http://www.defra.gov.uk/corporate/consult/radwaste-framework/index.htm. The Government published its response to CoRWM in October 2006, in which it accepted CoRWM's recommendation to dispose of higher activity radioactive waste through geological disposal. This involves placing radioactive waste in facilities deep underground, where the rock and man-made structures provides a barrier against radioactivity. Higher activity waste, which are the more radioactive wastes from sources such as the nuclear and medical industries, military uses and academic research, will be managed in the long term through geological disposal. Geological disposal was identified by CoRWM as being the option that would perform best in terms of security and protecting the public and the environment.
FORK LIFT FOLLIES
Silvery Tweed Cereals Ltd was been fined £20,000 and ordered to pay costs of £5,397 at Berwick upon Tweed Magistrates' Court. The company was fined after pleading guilty to breaching Section 2(1) of Health and Safety at Work etc Act 1974 (£16,000 fine) and Regulation 3(1) of the Management of Health and Safety at Work Regulations 1999. (£4,000 fine) HSE Inspector Martin Baillie said: "Forklift trucks were responsible for just under 2,000 reportable incidents last year, including seven deaths. They are a potential danger to their operators and to other people in the vicinity if not operated with great care. Risks include being struck by a moving truck, crushed by an overturning vehicle, becoming trapped between a truck and an object or, as in this case being crushed by a falling load. Employers must ensure they assess the risks involved in any use of these vehicles and take appropriate steps to counter those risks. They must also provide adequate health and safety training for any employees operating forklift trucks. In this case Silvery Tweed Cereals Ltd did not ensure the load was adequately secured, nor did they make a suitable risk assessment and they did not ensure that all of their operators received adequate forklift truck training. The tragic result was that one of the employees, Steven Rogers aged 29 of Berwick, sustained injuries which have left him permanently paralysed after a downgrade bin which he was attempting to empty fell from the forks of a forklift truck and pinned him to the ground". The incident occurred at the company's premises on Tweedside Trading Estate, Tweedmouth, Berwick upon Tweed, on 29 June 2006.
AND THAT’S WHY YOU WEAR SAFETY BOOTS
Kudos Shower Products Ltd., Elmsfield Park, Holme Carnforth, Lancashire was fined £10,000 and ordered to pay £1,339.20 costs by South Lakeland Magistrates Court in Kendal after pleading guilty to a charge under the Health and Safety at Work etc. Act 1974 Section 2(1) that they failed to ensure the safety of their employees. This followed an incident when a crate fell off a forklift truck breaking an employee’s foot. The court heard that two employees of the company including Daniel Phelan were helping move large 700kg crates in the warehouse on 21 July 2006 when one of the crates fell off a fork lift truck, crushing Daniel Phelan's steel toe capped safety boots and breaking his foot. HSE Inspector Anthony Polec said: "The large heavy crates were being moved upright on the fork lift truck with the two employees walking alongside to stabilise them. They had successfully moved several of the crates when one wobbled and fell off onto Daniel Phelen's foot. He was very lucky he was wearing safety boots or his injuries could have been far worse. This was an unsafe way of moving these crates. Employers have a duty to ensure that safe working practices are in place. Manual handling injuries are the most common type of occupation ill health and their prevention has been identified as a priority by the HSE."
SPEEDIER PLANNING DECISIONS?
Local planning authorities (LPAs) continue to improve the efficiency with which they handle planning applications according to an announcement made by Planning Minister, Baroness Andrews. Average performance across England is up 9% for major applications, 3% for minor applications and 2% for 'other' types of applications in the year ending March 2007, compared to six months ago. In all, 86% of LPAs met or surpassed the Government's target to decide 60 % of major applications within 13 weeks in the year ending March 2007. There are also many individual success stories with 109 LPAs showing an improvement in performance a number of whom decided 100 per cent of major decisions within the 13 week target. Baroness Andrews said: "I am delighted to announce that almost a third of all planning authorites have improved their performance in handling major applications over the last six months. Such applications are very important because of their impact on local places, and handling them efficiently has significant benefits both for the developer and for the wider economy. I offer my warm congratulations to these authorities and would encourage those few who have still to meet the targets to learn from their example." Ed - The half-yearly Planning Performance Checklist of local authorities' handling of planning applications has been published too. It shows at a glance how local planning authorities were reaching decisions on planning applications in the year ending March 2007. The Checklist shows performance against the three handling targets set from 1 April 2002 with the emphasis on the need for timely handling of major applications. 109 planning authorities are classified as "improving" performers and 7 planning authorities are classified as "declining" performers. If you are concerned about your authority or an application you have submitted why not check to see how well they are performing at http://www.communities.gov.uk/index.asp?id=1511538 where the detailed performance tables are reproduced.
HEALTH & SAFETY COMMON SENSE
Wales-based Health and Safety Commissioner Sandy Blair has told organisations that they need to manage risks sensibly and not use health and safety to justify unpopular decisions. Speaking at the annual Swansea and South Wales Health and Safety Group seminar, Mr Blair explained that it is not realistic to eliminate risk altogether and that the health and safety of workers must be protected by correctly identifying risks and managing them sensibly and proportionately. He said: "According to some stories, health and safety is an albatross around the neck of Britain, concentrating on trivial risks and petty bureaucracy, to the detriment of citizens. If you believe everything you read, it bans simple things from doormats to Christmas decorations, whilst making trapeze artists wear hard hands and children enjoying a game of conkers wear goggles but many of these stories are complete myths." He added, "The truth of the matter is that the work of the Health and Safety Executive (HSE) and their partner regulators in local government, has saved the lives of thousands of workers while preventing ill health and injury in many more besides." He continued, "HSE is about saving, lives not stopping them." Mr Blair also praised the Welsh Assembly Government's "Welsh Backs" campaign, which is being run jointly with the Health and Safety Executive, and aims to encourage those suffering from back pain to continue with normal day to day activities as a more effective way of managing the problem than going to bed.”
COMPLY WITH IMPROVEMENT NOTICES
Presswarm Double Glazing Co Ltd, on Fairways New River Trading Estate in Cheshunt, was prosecuted on 30 May 2007 at Hertford Magistrates Court, for contravening a requirement of an improvement notice on 15th November 2006. They were fined £9,000 and ordered to pay full costs of £840.80. The company failed to arrange for tests or examinations of electrical systems / equipment, failed to have adequate remedial works carried out to ensure that electrical systems were adequately maintained and failed to take any other alternate, but equally effective means of complying with the terms of the notice served in May 2006. Presswarm Double Glazing Co Ltd pleaded guilty to breaching Section 21 HSWA 1974 in relation to the maintenance of the electrical system in the premises. Investigating HSE Inspector Stephen Manley said: "It is important that companies comply with improvement notices. They are served to remedy breaches of Health and Safety legislation and achieve a safer working environment - and failure to comply continues to put workers, and others, at risk."