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Fatal Construction
WD Bennett’s Plant & Services Ltd has been fined £125,000 and ordered to pay costs of £264,299. The company was found guilty by Chichester Crown Court in March of two health and safety breaches that led to the death of two workers and injured a third.
The company had been charged alongside Eurolift (Tower Cranes) Limited which pleaded guilty to two health and safety breaches at the beginning of the trial. Eurolift (Tower Cranes) Limited pleaded guilty to breaching s2(1) HSWA and Reg8(3) Construction (Health, Safety and Welfare) Regulations 1996.
The prosecution followed an incident on a construction site in Durrington, Worthing, on 11 February 2005. The two men who died, Steve Boatman and Gary Miles, had been working on the jib of a crane. A third man, who was severely injured in the incident, was working on the mast of the crane. He was instructed to begin de-torquing the crane’s mast bolts and should have done so one-by-one, and then re-tightened each bolt in turn. However, he was not trained in this job and he failed to re-tighten the bolts leaving them part undone. This caused the crane to collapse as it was turned. Mr Boatman and Mr Miles died from injuries sustained when they were flung from the crane.
HSE Inspector Peter Collingwood, who led the investigation, said:
"This fine reflects the seriousness of the company’s breaches of health and safety legislation. The accident, in which two men lost their lives, was avoidable. It was caused by the inadequate
supervision of a worker who was not trained, nor competent for the task that he was asked to undertake. To avoid future tragedies like this, employers and contractors must ensure
that tower crane work including erection and dismantling is only undertaken by trained, experienced and competent people who are supervised adequately."
Ed –
Regulation 4(1) Construction (Health, Safety and Welfare) Regulations 1996 states: ...it shall be the duty of every employer whose employees are carrying out construction work and every self-employed person carrying out construction work to comply with the provisions of these Regulations insofar as they affect him or any person at work under his control or relate to matters which are within his control.
Fatal fall
EDF Energy Contracting Ltd has been fined £160,000 and has been ordered to pay costs of £24,594.98 after it pleaded guilty to breaching reg 4(b) and 4(c) of the Work at Height Regulations
2005.
It relates to an incident on 2 August 2007 when employee James Gordon was dismantling a mobile tower scaffold in the sports hall of Worthing High School in West Sussex. The scaffolding
had been used to carry out high-level maintenance to lighting and heating appliances
within the sports hall. At the time, EDF Energy Contracting Ltd was contracted by West Sussex County Council.
The top working platform had been removed and Mr Gordon was on an intermediate platform
when it appears that he stumbled. There were no handrails to save him and he fell more than 5m, suffering fatal head injuries. Mr Gordon was 63 when he died and he was due to retire in two years time. He leaves behind a widow and a number of grandchildren.
HSE Inspector Russell Beckett said:
'It is important that all tower scaffolds are erected and dismantled correctly and that guard rails are fitted so as to prevent falls. All too often tower scaffolds are used incorrectly without
the correct handrails. All working platforms must be provided with suitable edge protection.
Guard rails should be at least 950mm high and an intermediate guard rail should be provided so that workers can’t fall through any unprotected gaps'.
Ed –
Regulation 4 Working at Height Regulations 2005 states that every employer shall ensure that work at height is:
a) properly planned;
b) appropriately supervised; and
c) carried out in a manner which is so far as is reasonably practicable safe
Legionella assessments
DEBA UK Ltd of Toutley Road, Wokingham, has been fined £24,000 and ordered to pay costs of £17,276 after pleading guilty to three charges under s3(1) HSWA.
During 2007, the company was commissioned to carry out legionella risk assessments at Nursing Homes operated by Craegmoor Healthcare in Tredegar and Llangattock, and rated the risk as low. A subsequent routine check of these nursing homes revealed there to be inadequate controls for legionella at these premises, and the focus moved on to the work carried out by DEBA UK Ltd.
HSE inspector Matthew Hamar said:
"The nursing home operators commissioned DEBA UK Ltd to carry out the surveys in good faith and to help them comply with their responsibilities to manage the risk posed by legionella
on their premises. They were badly let down in this case. Elderly nursing home residents
are at greater risk from the bacteria that give rise to conditions such as legionnaires disease, so it is imperative that safety critical surveys like those carried out by DEBA UK Ltd are adequate. Fortunately, there was no evidence of any outbreak of the disease as a result of these incidents, but there is a clear responsibility to those companies carrying out specialist
work that they need to carry out adequate surveys and provide accurate information."
Legionnaires disease is a potentially fatal form of pneumonia which can affect anybody, but which principally affects those who are susceptible because of age, illness, immunosuppression,
smoking etc. It is caused by legionella bacteria, which can grow in water kept at unsuitable temperatures (between 20ºC and 45ºC) and infect the water in cooling towers, whirlpool spas and purpose built hot and cold water systems, as found in care settings.
Where conditions are suitable for the growth of legionella the risk is increased. There is a risk of disease when droplets of water, infected with the bacteria, are inhaled. Whilst showers
may present a particular problem in care homes water droplets created from taps is also a potential source. Any equipment that can generate water droplets that could be inhaled should be assessed for potential risk.
Flat Foot
Hotchkiss Ltd, a ducting manufacturing company in Wombourne has been fined £14,000 and ordered to pay costs of £5,718 after pleading guilty to breaching reg3(1) Management of Health and Safety at Work Regulations 1999 and s2(1) HSWA.
An employee severed a toe and suffered broken and dislocated bones in his foot when a forming head fell on him. A HSE investigation found the company had failed to carry out a suitable and sufficient risk assessment of the forming machine that should have identified the need for lifting equipment to be used when changing the forming heads.
Investigating inspector Wayne Owen said:
"It was clear the company had failed to ensure that the risk to those people who used the two flat oval machines at the premises was sufficiently assessed and that the risks were then properly controlled. This incident is the culmination of these failures. We see so many incidents like this where employees are working without proper systems or with insufficient training and supervision. Couple this with inadequate or unsuitable equipment, and it is only a matter of time before people are injured or worse."
Asbestos Failures
Vale Inco Europe Ltd has been fined £12,000 and ordered to pay costs of £28,000 after
pleading guilty to four charges under the Control of Asbestos Regulations 2006 in relation to refurbishment work being carried by a contractor, A-Weld, on a furnace at the company's premises in Clydach.
The company had carried out asbestos surveys on the buildings on their site, but had not surveyed the interior of plant and equipment. As a result, asbestos insulation material within
the reformer furnace was disturbed and broken, giving rise to powder and fibres, which posed a greater risk.
Workers discovered a white material they suspected of being asbestos, and a sample was sent for analysis, but the site was not isolated and work was allowed to continue until the results of the tests confirmed that the material was asbestos. However, whilst the company then followed advice from a licensed asbestos contractor to damp down the area, the men originally working on the furnace had removed their overalls and external clothing in an area in which no-one was wearing masks or protective equipment.
HSE Principal Inspector Andrew Knowles said:
"There are numerous failures in this case, including the failure to assume that asbestos would be present in the reformer furnace unless it could be proved that it was not. Knowledge
that asbestos insulation was present would have resulted in a licensed contractor being used to remove the material and prevented these workers coming into contact with asbestos at all. Another important aspect was the failure to provide asbestos awareness training for employees, which is a specific requirement where asbestos may be present in a workplace. Asbestos is the greatest single cause of work-related deaths in the UK. Every week, 20 tradesmen die from asbestos related diseases, including mesothelioma - a cancer of the lining of the lung caused by asbestos. The failures in this case were entirely preventable
and the defendant fell far short of the high standards required. This should serve as a warning to others about the dangers of asbestos and the legal requirement to manage it properly."
Vale Inco Europe Ltd was charged under the Control of Asbestos Regulations 2006 and a summary of these is as follows:
• Breach of regulation 4(3): Vale Inco Europe Ltd failed to carry out a suitable and sufficient
assessment as to whether asbestos was or was liable to be present in the premises.
• Breach of Regulation 5: The company had not carried out a suitable and sufficient assessment to identify any asbestos present, or alternatively assumed that it was, before starting the work.
• Breach of regulation 10(1): Failure to ensure that adequate information, instruction and training were provided for employees and non-employees who were liable to be exposed
to asbestos.
• Breach of Regulation 11(1): Failure to prevent exposure of employees and non-employees
of Vale Inco Europe Ltd to asbestos
Take Proper Precautions
Francis Cagey, of Manor Farm, Sproatley Road, Hull, has been fined £8,000 and ordered to pay costs of £1,858 for breaching s2(1) HSWA, over an incident in May 2008.
The court heard that farm employee Charles Leslie Nendick fell through a roof whilst carrying
out repairs on 13 May 2008. He suffered fractures to his spine, pelvis and hip, as well as a gash to his head. Mr Nendick’s employer, Mr Caley failed to take suitable precautions to prevent a fall through the roof, which was not strong enough to support the weight of a person.
After the hearing HSE Inspector Alan Sheldon commented:
"The hazards and risks of working on roofs are well documented. HSE has produced a lot of guidance over many years specifically for the agriculture industry where approximately 70 fatalities have occurred from falls in the last ten years. More than half of these resulted from falls through fragile surfaces. In this case a farm employee fell over 4.5 metres to the ground as he stepped from a ladder onto the roof of a farm building. He suffered serious injuries. The measures in place at the time were not adequate to prevent this happening."
Lucky Escape
Secure IT Disposals Ltd has been fined £8,000 and ordered to pay £3,500 in costs, after it pleaded guilty to breaching s2(1) HSWA.
On 3 November 2008, a one tonne mobile shredding machine was being raised by a fork lift truck for maintenance, at the company’s premises at Woodgate Business Park, Birmingham. The machine subsequently fell off the forks, hitting employee Kevin Kelly who was working
underneath the shredder. Fortunately, Mr Kelly wasn’t crushed by the falling load, but nevertheless he suffered serious back injuries which required immediate surgery and he has not worked since the incident.
HSE Inspector Paul Smith said:
"Mr Kelly was very lucky not to have been trapped and crushed by the falling machine and suffering more serious injuries, or even death. Even non-routine work, such as in this case, still requires proper consideration and risk assessment where there are significant risks. For an object of this size and weight to fall off the forks and hit someone, shows how serious people can be injured for the sake of taking a few minutes to consider how to do something safely even when time is short. This case should be a warning to all companies undertaking non-routine and one-off jobs that time spent thinking about how to do the job safely with the right equipment will ultimately save time and costs, and mostly importantly save lives."
Worker Falls
TQR Ltd of Dalkeith has been fined £6,000 after pleading guilty to charges under s3(1)
HSWA and a sub-contractor, David O’Neil of Cleland, near Motherwell has been fined £3,000 after pleading guilty to charges under s3(2) HSWA. It follows a serious incident in which a 19 year old worker fell almost 10m into an occupied factory whilst carrying out refurbishment
work on the roof of a building at Buttlerfield Industrial Estate, Bonnyrigg, in April 2008.
The building owners contracted TQR Ltd to carry out repairs to the roof of the building, including
fitting an over cladding to the existing roof to address leaks. TQR Ltd subcontracted the work to David O’Neil, who supplied the labour for the job, working under the direction of TQR Ltd. During the course of the work, the injured person stepped onto an unprotected plastic fragile roof light at the ridge of the roof. The roof light gave way and he fell 9.92m to the factory floor below, sustaining serious injuries.
HSE inspector Alastair Brown commented after the case:
"Last year 34 people were killed following falls from height during construction work, making
it the largest cause of fatalities in the industry. The measures which should have been taken to prevent this incident happening were straightforward and well documented. Both contractors involved failed to recognise the risks posed by the presence of fragile roof lights on this building, or to establish their fragility prior to work beginning. In view of the well known and documented risks posed by such roof lights during industrial roof works this was very disappointing, and resulted in a serious incident which could have been avoided."
Dentures Need Fixing
Rossford Dental Laboratory Ltd, Chorley Road, Swinton has been prosecuted for failing to comply with an Improvement Notice. The company was served with an Improvement Notice in March 2008 after an HSE inspector visited the site and found it to be extremely unclean, putting the health of workers at risk. Subsequently the company pleaded guilty to breaching s33(1)(g) HSWA, by failing to comply with the Improvement Notice within the two-month agreed deadline and has been fined £2,500 and ordered to pay costs of £1,500.
HSE Inspector Matt Greenly said:
“When I visited the site last year, I was surprised by the filthy state it was in and had no choice but to issue an Improvement Notice. It was especially disappointing as Rossford had previously received a similar Improvement Notice and had complied with it. I therefore expected the company to be well aware of the basic need to keep the site clean. But there were layers of debris everywhere, the sinks were blocked and waste materials had been allowed
to build up throughout the premises. I agreed with the company’s owners that two months would be a reasonable period for the improvements to be made, but when I went back at the end of May the laboratory was in a similar state.
Improvement Notices should act as a wake-up call for companies to improve their health and safety procedures, for their own and their employees’ benefit. Unfortunately, in this
case, Rossford appears to have ignored the warning and carried on as normal. HSE realises that many companies are under a lot of pressure at the moment, but that’s not an excuse for ignoring health and safety. We will try to be understanding if people have genuine reasons
for not meeting deadlines, but they can’t just hope they’ll get away without making any improvements.”
Ed - The HSE issues enforcement notices when it finds serious breaches of health and safety regulations. There are two types of notices – improvement and prohibition. Improvement Notices require changes to be made within at least 21 days, and Prohibition Notices stop work from taking place until specific improvements have been made.
Inflatable Problems
Shrewsbury leisure operator, Robert Andrew Phinn, has been given a 12 month conditional discharge and has been ordered to pay costs of £500 by Oswestry Magistrates’ Court.
Mr Phinn from Albert Square in Harlescott pleaded guilty to breaching s3(2) HSWA. The court heard how the former partner in the inflatable equipment hire firm Fun-4-All had hired out an inflatable bungee run to the Connexions and Youth Services division of Shropshire
County Council for the West Midlands Show in Shrewsbury last year.
On 22 June last year, the bungee run lifted from the ground in windy conditions and moved about 15 feet, knocking into several bystanders, some of whom may have suffered injuries as a result.
HSE inspector Hilary Lidbury said:
"Employers and those who are self-employed have a responsibility to ensure the safety of people who are not working for them. Robert Phinn failed to warn the Connexions and Youth Services team, whom he had trained, that the inflatable should not be operated in windy conditions. He also failed to provide sufficient anchorage or ballast to keep the inflatable anchored to the ground.
Inflatable play equipment which is not properly anchored is liable to lift from the ground even in relatively light winds, potentially endangering members of the public in its vicinity as well as youngsters playing on it. While Robert Phinn had no intention of harming anyone, his ignorance of the appropriate standards put people's lives at risk on what should have been a happy family occasion."
Ed -
Section 3(2) HSWA states: "It shall be the duty of every self-employed person to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that he and other persons (not being his employees) who may be affected thereby are not thereby exposed to risks to their health or safety"
ICL Plastics response
The HSE has published its preliminary formal response to the official Inquiry, led by Lord Gill, into the fatal explosion at the ICL factory in Maryhill, Glasgow, in 2004. ICL Plastics Ltd and ICL Tech Ltd were fined £200,000 each for the incident by the High Court in Glasgow, after pleading guilty to breaches of HSWA.
Following the publication of Lord Gill’s report on 16 July, Work and Pensions Secretary Yvette Cooper asked HSE to outline what action it was taking to address the areas of concern
identified by the Inquiry.
In its response to Yvette Cooper, Scottish Justice Secretary Kenny MacAskill and the Secretary
of State for Scotland Jim Murphy, the HSE reported that it:
• Pledged to learn lessons and acknowledged that Lord Gill's inquiry into the facts leading
up to the explosion was fair and accurate
• Had moved on significantly from 1980s and 1990s inspection practices to better appreciate,
track and audit issues of regulatory concern.
• Had been thorough in producing a proper safety assessment of the risks associated with the use of liquefied petroleum gas (LPG) and was making progress with industry on preparing a risk-based and prioritised replacement programme for underground metallic LPG pipe-work, to be complete by end of 2015.
• Went further than Lord Gill suggested in developing plans for tackling the risks to domestic
properties with LPG supplies
• Had initiated a 12-week preliminary consultation on the proposals for changes in the regulation of the LPG industry system, and the application of Lord Gill’s recommendations to other areas of health and safety regulation.
Judith Hackitt, HSE Chair, said:
"The Board and staff of HSE take the lessons of this tragic event very seriously and will continue
to scrutinise our systems to ensure that we maintain the highest standards of management
and oversight. While Lord Gill rightly concluded that the responsibility for the disaster lay with ICL Plastics and ICL Tech, who were convicted and fined heavily for their actions, I want to reiterate our heartfelt sorrow and regret that HSE’s interventions were not more successful in preventing this terrible tragedy. There is good reason to believe that even during
the time period leading up to the explosion, HSE’s dealings with ICL were far from typical
of our normal interactions with duty holders. Good progress was already being made in areas Lord Gill highlighted for action. And although the development of the LPG pipe-work replacement programme with the LPG supply industry has taken some time, this was due to the need to act on the basis of evidence and to do the necessary preparation for such a major undertaking.
It is important that all interested parties now respond to our consultation on the proposed changes to the LPG regulatory scheme and on the wider issue of whether risk assessments should require third party validation."
Offshore safety
New offshore statistics suggest the sector is getting safer, with both the combined fatal and major injury rate and major hydrocarbon releases at their lowest since the HSE began regulating
the industry. No workers were killed while working offshore during 2008/09 - the second consecutive year with no fatalities - and there was a fall in major injuries with 30 reported, a fall of 14 compared with 2007/08 figures. The combined fatal and major injury rate reduced to 106 per 100,000 workers in 2008/09 compared with 156 in 2007/08 and 146 in 2006/07.
The number of major and significant hydrocarbon releases, regarded as potential precursors to an incident, also showed marked improvement with 61 in 2008/09 compared with 74 in 2007/08. In 2008/09 there was a small fall in the minor three-day injury rate with 496 workers
per 100,000 reporting an injury, bucking the broadly flat trend over the previous seven years.
Judith Hackitt said:
"The improvements in major and fatal accident rates are encouraging but industry must not take its eye of the ball. Investment in safety must continue despite the current economic climate putting a squeeze on resources. Although we were pleased to see no fatalities occurring
in offshore operations for a second consecutive year, this good news was of course overshadowed by the tragic events of 1 April when the Super Puma helicopter crashed with the loss of 16 passengers. The same day, in a separate incident, a worker received fatal injuries
aboard a dive support vessel in transit. Even though HSE’s remit does not extend to air and marine transport activities, these incidents show that hazards are ever present offshore. The loss of 17 offshore workers this year is a tragedy and stark reminder to us all. The KP3 review, published just last month, shows that progress is being made in improving safety in the industry and HSE inspectors will continue to adopt a tough approach to poor performers to help preserve and improve the industry’s safety performance as a whole.”
Added Ian Whewell Head of HSE’s Offshore Division:
"Although I welcome the reduction in major and significant hydrocarbon releases the challenge
is to secure sustained improvement. Carrying forward last year’s success will require continued industry focus on integrity management, safe systems of work, supervision, risk assessment and competence. Worryingly, early indicators for 2009/10 suggest last year’s improved performance is currently not being delivered. Renewed effort is also essential to reduce the number of minor injuries which have only been showing a slow rate of decline. A focus on training, together with identification and management of hazards and risks are key factors for preventing incidents. I believe the workforce has a key role to play and I encourage
the industry to continue working on improved workforce involvement and to give their full support to safety representatives. Ultimately, good safety is good business.”
Harvest Time
The HSE has urged all farmers to take care as the 2009 harvest gets underway. In the past five years, 82 workers suffered fatal injuries between July and October, with deaths during these four months accounting for almost half of all deaths in agriculture since 2004/05. The warning comes as HSE gears up to begin the next phase in its campaign to raise awareness of the dangers in agriculture in a bid to reduce death and injury.
The ‘Make the promise. Come home safe’ campaign, which launched in November 2008, generated almost 7000 supportive responses from farmers.
HSE’s head of safety for agriculture, Alan Plom said:
“Farm work is one of the UK’s most dangerous ways to make a living and never is this more evident than during harvest when farmers are working to immense time pressures. There is always the temptation to cut corners when it comes to safety. Our message to farmers is to stop and think. Stopping a machine and making sure it comes to a standstill costs nothing more than a few seconds of time. Those seconds may prevent an injury that lasts a life time.”
For a safer harvest season, farmers can take some simple measures:
• One in eight handbrakes on tractors is defective. They are easy to check and generally simple to adjust. It is best done now before the harvest period reaches its peak.
• Before you attempt to clear a blockage on a machine make sure it is brought to a complete stop, the handbrake applied and the engine shut off – every time.
• Check that the guards covering dangerous parts of machinery like chains and sprockets,
belts and pulley drives are in place on all your machines, including augers and graders.
• Deaths and injuries happen when people are rushing to get the job done and trying to make up time after bad weather conditions or breakdowns. Take a few seconds before you act.
Summer Madness
The HSE has informed us that critics claiming audiences must wear earplugs when attending noisy concerts and music festivals is a myth! That said the HSE has stated that it is becoming
increasingly concerned some commentators use the public's ignorance of health and safety legislation to write false stories which actually deflect from the serious issues HSE deal with daily.
There are laws to safeguard the health of employees working in environments where excessive
noise can be problematic but any suggestion concert goers must plug their ears are wide of the mark. Staff at nightclubs and concert venues are at more risk of suffering hearing
damage because they regularly work in high levels of noise and HSE have guidelines to protect workers. Employers are obliged to provide protection but this could be as simple as moving staff away from the noisiest areas, or providing suitable earplugs.
Former Dire Straits bass guitarist John Illsley spoke recently of his hearing loss after years of playing clubs and stadiums at ear-splitting levels. The 60-year-old has lost 30 percent of his hearing in one ear and says performing with the band in a noisy environment was undoubtedly
to blame.
The healthy top level of noise human ears can cope with is around 55 decibels but many employees and musicians in concert venues and clubs are regularly exposed to loud music of 85 decibels and above.
Peter Lennon, head of HSE's Noise and Vibration Policy Unit, said "Excessive noise at work can be a real problem and can lead to serious hearing problems. However the idea HSE would demand people to wear earplugs when seeing their favourite band clearly is summer madness. Our overriding message is hearing loss is preventable, so it's important to protect people to help them enjoy long and successful careers. The laws are there to control real risks to workers - not to take the fun out of concerts as some writers would lead readers to believe."
Looking Smart
The HSE has hit back at claims of a ban on traditional school ties and urged people to do their homework on the subject. Edicts ordering parents to replace their children’s school ties for clip-on alternatives have no basis in law and ‘elf and safety’ cannot be blamed.
If schools or colleges are choosing to ban traditional ties it is not because they have been outlawed – something that could revealed by a little basic research. HSE is exposing a series of ‘elf n safety’ myths, which are undermining the legitimate work to protect workers from death and serious injury.
David Bryant, head of HSE’s education directorate, said:
"We notice it time and again that ridiculous myths about what you can’t do for health and safety reasons find their way into the public consciousness. Often there is not a single shred of evidence and it is prompted by one or two isolated incidents. It’s sad because it serves only to trivialise the real work being done to protect workers from death and serious injury. Few parents would see wearing school ties as a safety issue and we agree with them. There is nothing in law to prevent pupils from wearing ties. We don’t set such rules, we don’t enforce
these rules and we certainly don’t encourage these rules. After all, millions of children have been wearing ties for years without any real problems and if the concern is about kids fighting, then the real issue is about discipline."
Bank disclosure
The Tax Chamber of the First-tier Tribunal has ordered over 300 banks to give details to HMRC about their customers who hold offshore accounts.
HMRC can now issue the information notices to banks ahead of the New Disclosure Opportunity
(NDO). The NDO will allow people with unpaid taxes linked to offshore accounts or assets to settle their tax liabilities at a favourable penalty rate. HMRC will use this information
to ensure everyone pays the right tax and to check that NDO disclosures are complete.
Under the rules of the NDO, people who make a complete and accurate disclosure will qualify
for a 10% penalty. Those who choose not to take this opportunity and are subsequently found to have undeclared tax liabilities are likely to face a 30% or higher penalty and also run an increased risk of criminal prosecution.
The Right Honourable Stephen Timms MP, Financial Secretary to the Treasury said:
"It is wrong that some people evade paying their fair share of tax by hiding assets in offshore
accounts. Today's ruling represents real progress in creating a level playing field for all taxpayers."
Dave Hartnett, HMRC Permanent Secretary for Tax, said:
“I know there are people who regret not taking advantage of our Offshore Disclosure Facility
(ODF) in 2007 which focused primarily on the customers of five large banks. Today we have successfully applied to get information on the offshore accounts and assets of customers
of over 300 further banks. I urge any of them who have unpaid tax liabilities connected to these accounts now or in the past to come forward and make a full disclosure during the NDO because we will use the information provided by the 300 banks to pursue those people who continue to flout the UK’s tax laws.”
Winning Workers
The Employment Agency Standards inspectorate has over the last year boosted its powers and doubled in size. This has allowed it to win back more than twice as much money for workers since April than in the entire previous year.
Business Minister Pat McFadden said:
“Over the past year we have given the Agency Standards Inspectorate more staff and more powers to protect agency workers. I’m pleased that the bigger, more powerful agency standards
team is out there delivering results for agency workers. The recession should not be used as an excuse to deny people their employment rights, and the agency standards inspectors
are a crucial tool in ensuring this.”
In June, EAS inspectors recovered over £17,000 for four engineers in West Sussex. As a result
of not being paid on time, one man had to sell his car to pay his rent, and another had to borrow money from relatives to pay his mortgage. But once EAS inspectors were contacted,
the workers received £15,000 within three days, with the remainder arriving shortly after.
Kevin Green, Chief Executive at the Recruitment and Employment Confederation said:
"At a time when many workers are using agencies as a route back into the labour market
we must drive workers and employers alike to use agencies which abide by the law and industry
standards. For many years the REC has argued for better enforcement on the sector and we are pleased to see the inspectorate is taking action at a time when the industry itself has launched its own 'Serious About Standards' campaign."
The inspectors also recovered almost £30,000 owed to 55 models after a London agency ceased to trade. The Employment Agency Standards team has recovered money for workers in a number of circumstances, including where agencies had not paid wages owed, where money had been unfairly deducted by the agencies and where workers were charged for services by the agencies that they had not signed up to.
Growth Sectors
A new survey questioned business leaders from eight sectors and found that nearly half (43%) of those questioned believe that cleantech will grow at the fastest pace by 2020, followed
by science and technology (20%) and media and entertainment (15%).
Driving the awareness, investment and skills required to power these high-growth markets is essential for Britain’s future. Britain’s chance to showcase our strength to the rest of the world, including our cleantech innovations in the run up to Copenhagen 15, and how our digital strength will enable the first digital games in 2012, is essential for the UK’s ability to meaningfully contribute to the global economy. It is therefore essential for both government
and business to properly recognise and promote the importance of these sectors.
As part of meeting this need for recognition; Science and Innovation Minister Lord Drayson and entrepreneur James Caan recently launched the iawards - the first ever Government backed-awards to celebrate achievements in science, innovation and technology.
Science and Innovation Minister Lord Drayson said:
“Cleantech and renewables will play a huge part in helping the UK economy to grow sustainably,
but we need to do more to encourage innovation in these and other high tech sectors. That means recognising our best innovators, those who are creating the household names of tomorrow. The iawards will do just that, this inaugural year and in years to come. Make sure to get your entries in by 16 September!”
James Caan said:
“The UK is home to some of the most innovative minds in the world and we must continue to recognise and celebrate the work of these talented individuals. The iawards are all about recognising British achievements, the visionaries behind them and showcasing new the latest
developments that will make the UK a better place to live and work. In doing so, we will continue to draw investment, energy and skills to the high-growth industries that will drive our economy forward.”
A bright idea
The UK has been at the forefront of efforts to cut down energy-inefficient products which cost people more money to run and are bad for the environment as they have higher carbon
emissions. A voluntary initiative to phase out old fashioned bulbs started in 2007 with the keen support of a number of UK energy suppliers and retailers.
Environment Minister Dan Norris said:
“We can no longer rely on light bulbs which waste 95 per cent of their energy as heat. We are glad the EU has put this measure in place to stop the waste of energy and money from old fashioned high energy bulbs. The UK has had a successful voluntary initiative in place for a few years, and now the rest of the EU will follow suit on a mandatory basis. This is great news for people who will pay less in electricity and even better news for the planet, as this will amount to 1 million tonnes of saved CO2 per year by 2020.”
CRB Satisfaction?
Research results published have shown that CRB checks have prevented around 98,000 unsuitable
people from working with children and vulnerable adults in the past five years.
Customer satisfaction rates are also at an all time high with 94 per cent of customers saying they are satisfied with the service provided by the CRB. The latest research, carried out by Ipsos MORI, with organisations and individuals who use the service and of attitudes towards the CRB by members of the general public, show that:
• satisfaction of organisational customers is at a record high, with 94 per cent now satisfied
overall including 37% very satisfied with the service provided by the CRB;
• satisfaction of Disclosure Applicants is at a high level with almost nine out of ten (87%) applicants satisfied with the application process;
• overwhelming public support (91%) for CRB checks on those working with children and/or vulnerable adults in a paid or voluntary capacity;
• in 2008, around 18,000 unsuitable people were prevented from working with children
and/or vulnerable adults as a direct result of a CRB check, bringing the total to around 98,000 people in the past five years;
• the CRB is making a positive difference in protecting children and vulnerable adults;
• CRB checks are a useful part of the recruitment process and can help improve confidence
in organisations’ recruitment decisions.
Chief Executive of the CRB Steve Long said:
“This independent research highlights the good work the CRB does everyday to help organisations
in the public, private and voluntary sectors to identify candidates who may be unsuitable
to work with children or other vulnerable members of society. I am pleased that we have delivered real benefits and service improvements to our customers during the past 12 months. We will continue to work hard to ensure the CRB continues to do so.”
The Secretary of The Scout Association, David Shelmerdine, said:
“The Scout Association takes the protection of young people extremely seriously and the CRB plays a vital role in helping us fulfil this duty. The survey results confirm our own positive experience.
They show that the majority of employers and organisations, including ourselves, recognise that CRB checks play an important part in the protection of the most vulnerable in our society.”
Last month, the CRB announced that it would be reducing the fee for Standard Disclosures from October this year with total savings to customers of £1 million. The fee reduction, made possible due to an expected increase in the volume of applications being processed as the new Vetting and Barring Scheme goes live in October, means the cost of a Standard Disclosure will drop from £31 to £26.
Optimistic Land
The Land Registry, the government department responsible for land registration in England and Wales, has published its Annual Report and Accounts for 2008/9.
Introducing the report, Peter Collis, Chief Land Registrar and Chief Executive, said:
"While it has probably been one of the most difficult periods in our 147 year history, we are looking forward to implementing new plans which will see Land Registry emerge as an even more customer-focused organisation. The current property slump led to a challenging financial year, which has seen our core business collapse by up to 75 per cent in volume. In the future we envisage a smaller, leaner, more customer-focused organisation dealing with many applications electronically and providing an expanding range of products and services to customers."
Highlights of the year include:
• the number of registered titles held on Land Registry’s database reached 22 million
• the first mortgage or e-charge was signed electronically on 24 March 2009
• Land Registry won a medal in the organisational excellence section of the British Computer Society’s IT industry awards for implementing electronic discharges
• for the first time in its history Land Registry processed more voluntary than compulsory
first registrations
• the campaign to encourage owners of unregistered property to voluntarily sign up to the Land Register achieved its target of registering 325,000 hectares, with months to spare
• historic properties such as Hereford Cathedral were registered for the first time
• after a major consultation exercise, Land Registry introduced significant changes to the Land Registration Rules in order to improve operational efficiency and reduce the administrative
burden on customers
• the project to improve the index map passed the landmark of processing 2 million polygons (electronically created multisided figures that represent the registered extent of a title)
• a major new five-year, £50 million contract was signed with IT firm Steria to provide
Land Registry’s distributed IT services.
Mr Collis paid tribute to staff that left during the year. He thanked them for their loyalty and dedication to their work which reflected so well on them and on the organisation.
Parking Cowboys
Private companies can currently request vehicle keepers’ details from the DVLA in order to issue penalty notices for drivers who have illegally parked on private land. They will now all need to be a member of an Accredited Trade Association – requiring them to abide by a strict code of conduct – to get this information.
The measure is part of a broader cross-Government action plan to radically overhaul the rules governing the enforcement of parking on private land, due to be published in the Autumn.
The plan is designed to target rogue firms and landowners who unfairly clamp vehicles
or demand extortionate payments.
Transport Minister Sadiq Khan said:
“Where drivers break legitimate conditions set by landowners then it is right that penalties are applied. But we will not tolerate unscrupulous firms breaking the law by overcharging or intimidating motorists. We want a fair system that is clearly communicated with an independent
complaints procedure. In order to achieve this we will be publishing later this year a cross-Government action plan which will help us to protect motorists and put a stop to the unacceptable behaviour of cowboy clampers and rogue parking firms.”
Other measures being considered include a compulsory licensing system for clamping firms which will ensure they behave responsibly and will allow the Security Industry Authority – the body that regulates the private security industry – to hold them to account.
Equal Rights
Civil partners who use fertility treatment to conceive a child will now be treated in the same way as married couples, with both female parents' names able to be included on the birth certificate. In addition, female couples not in a civil partnership but receiving fertility treatment
may also be registered as parents in the same way as unmarried heterosexual couples.
In both cases, providing relevant conditions are met, the female partner of the mother can be recorded as "parent" in the birth or still-birth registration and on any certificates issued. Before this change in the law, the mother's female partner could not be registered as a parent.
The changes to the regulations were approved by Registrar General James Hall earlier this year following Royal Assent for new parenthood provisions contained in the Human Fertilisation
and Embryology Act 2008. The Act's provisions only apply to female couples who have fertility treatment on or after April 6 2009.
Home Office Minister Lord Brett said:
"This positive change means that for the first time female couples who have a child using fertility treatment have the same rights as their heterosexual counterparts to be shown as parents in the birth registration. It is vital that we afford equality wherever we can in society, especially as family circumstances continue to change. This is an important step forward in that process."
Stonewall's Head of Policy and Research Ruth Hunt said:
"As the law improves to provide further equality, knowing your new rights will help people
make full use of the services they're entitled to. And, if discrimination occurs, the same knowledge can help them demand fair treatment. Now lesbian couples in the UK who make a considered decision to start a loving family will finally be afforded equal access to services they help fund as taxpayers. So life for lesbian families isn't only fairer - it's also much easier."
Alcohol Problems
Police and local authorities are now able to apply for Drinking Banning Orders (DBO) on individuals aged 16 and upwards who regularly commit crime or anti-social behaviour while under the influence of the alcohol.
Magistrates will be able to impose any condition they think is necessary under the "booze ASBOs" to protect the public from that individual committing further offences. This could include banning from consuming alcohol in public places, including certain pubs, bars and off licences and restricting them from entering certain areas. The orders can last from between
two months and two years and anyone who breaches a DBO is liable for a fine of up to £2,500. Offenders who are subject to an order can be referred a Positive Behaviour Intervention
Course to address their alcohol misuse. Successful completion of the course may lead to a reduction in the length of the order.
Home Office Minister Alan Campbell said:
"Tackling crime and disorder linked to alcohol is one of our top priorities and we have made real progress but with the cost to the UK totalling billions of pounds a year we know there is still more to be done. These orders will stop those people who are well known to the authorities,
licensees and often the communities where they live, from ruining lives and will make them face up to their destructive behaviour. If irresponsible drinkers do not accept support, these orders will ensure that they face some very real consequences."
Jeremy Beadles, Chief Executive of the Wine and Spirit Trade Association, said: “We welcome steps to crackdown on those who commit crime or are involved in anti-social behaviour after misusing alcohol. Tough enforcement against offenders is critical if we are to change the culture around problem drinking. We support Government steps to encourage police, local authorities and magistrates to use the powers at their disposal to combat the behaviour of a troublesome minority."
DBO Positive Behaviour Intervention Courses will be available across the country and will be run by a list of approved providers. The Government is not supporting these courses financially
and participants will be expected to pay a fee for attending the courses, between £120 and £250, to cover the costs.
Students urged to Volunteer
Students looking for post-A Level inspiration are being encouraged to consider volunteering in developing countries via a fully-funded Government scheme:
Platform2 is a global volunteering experience funded by UKaid from the Department for International Development (DFID) and run by Christian Aid and BUNAC for 18-25 year olds to make a real difference to the lives of those in poor countries and on raise awareness of global issues in their local community.
Over 700 young people have already been on Platform2 projects, including 23 year old volunteer
Sarah Owen, who has recently returned from India to raise awareness back home.
She said,
"Whilst in India, I worked on a women's equality project and formed relationships with young women my age I will never forget. I collected traditional songs from the women I worked with, and have taught them to young people in my own community back here in Devon. They have been fascinated to learn the songs and hear my stories.”
Legal highs
After a public consultation on the options for the control of GBL under the Misuse of Drugs Act 1971 and advice from the Advisory Council on the Misuse of Drugs (ACMD), GBL (a chemical solvent), synthetic cannabinoids, and BZP (Benzylpiperazine ) and related piperazines,
will be controlled as Class C drugs.
Home Secretary Alan Johnson said:
"There is a perception that many of the so called “legal highs” are harmless, however in some cases people can be ingesting dangerous industrial fluids or smoking chemicals that can be even more harmful than cannabis. Legal highs are an emerging threat, particularly to young people, and we have a duty to educate them about the dangers. That’s why we are also launching a campaign in September to highlight the risks.”
Professor David Nutt, Chair of the ACMD, said:
“We welcome the Government’s decision to accept our advice and bring GBL; BZP; 1,4-butanediol; synthetic cannabinoids and 24 anabolic steroids within the Misuse of Drugs Act. We made these recommendations as it is important to highlight that these are in fact dangerous
drugs, especially when mixed with alcohol. The ACMD are continuing work on other “legal highs” and will provide recommendations on separate drugs throughout the year, based on prevalence and harms.”
In addition, a further 24 anabolic steroids, testosterone-like products often used by sports people and increasingly being used by the general public to enhance physique and strength,
and two growth promoters will be added to the list of steroids already controlled as Class C drugs. Finally, although there is no evidence of misuse in the UK but in accordance with obligations
under the UN Conventions, the precursor Oripvaine will be treated as a Class C drug.
Swine flu Research
Fourteen projects costing £2.25 million have been fast tracked by the National Institute for Health Research (NIHR) for urgent national swine flu research. The priority studies will be launched this week and will provide vital clinical and scientific evidence that will inform the Government’s response to the virus in the coming months.
Results are expected by the end of the year, and will bolster the body of evidence available to experts who advise the Government on how to protect British people.
One study, led by Professor Jonathan Nguyen Van-Tam of the University of Nottingham and the Health Protection Agency, will estimate how long someone is contagious for and advise
on a ‘safe distance’ from the patient. This will be done by taking daily nose swabs from those with swine flu over a period of at least one week. The research team will measure how much virus is in the nose and how quickly it disappears. They will also take samples from hard surfaces and the air around the patient. Using this data they aim to work out how much virus is being excreted and whether the virus is more prominent on surfaces or in the air.
The research will be carried out in children as well as adults as children appear to hold on to the virus for longer. The results of this research will be available to the NHS in the autumn.
Professor Jonathan Nguyen Van-Tam said:
“Very little is currently known about the H1N1 virus which makes it very hard to predict the numbers of people likely to catch it and how best to treat them. For example, we do not know how long the virus is excreted by infected humans and how much virus is spread to surfaces and carried in the air.”
Additional research projects have been commissioned into the management and treatment of swine flu. One of these studies, led by Professor Steve Goodacre of the University of Sheffield,
is evaluating measures that could be routinely recorded in emergency departments to predict which patients with suspected swine flu should be admitted to hospital.
Other research projects include:
• assessing school closure effectiveness in preventing spread. This would enable local decisions on if and when school closures would be appropriate;
• measuring facemask effectiveness for healthcare workers;
• managing swine flu in pregnant women so that treatment and care gives maximum benefit to mother and baby; and
• how to identify critical care priorities. This will help clinicians make crucial decisions on how best to use resources when treating patients.
Points win prizes
Plans requiring would-be-citizens to earn enough points to stay permanently in the UK have been revealed by the Government. The new Points Based Test for Citizenship - an extension of the already successful Australian-style Points Based System - will award migrants points for building up different attributes and skills. Proposals being launched in the new consultation
would see people rewarded for economic contributions, skills and English language proficiency above the level already expected. Points could be removed and citizenship withheld
or delayed for those breaking the law or committing anti-social behaviour.
Border and Immigration Minister Phil Woolas said:
“The Government has already made fundamental reforms to the immigration system to control migration in a way that is firm, and has a positive impact on our workforce and economy. To complement this, we have made it clear people must earn their right to stay in the UK permanently by working hard, obeying the law and speaking English. Being British is a privilege - these proposals break the link between coming to work here temporarily and being given the right to citizenship.”
This system builds on the changes to earned citizenship introduced by the Borders, Citizenship
and Immigration Act 2009, which passed through Parliament last month. A Points Based Test for Citizenship will give the Government more control over the numbers of people
permitted to settle here permanently, allowing the bar for settlement to be raised or lowered depending on the needs of the country and the economy. One of the key principles of the earned citizenship system is building community cohesion, through encouraging community
involvement through ‘active citizenship’.
Migrants already contribute to communities throughout the UK and the Government wants to support integration by encouraging more of these activities. That is why a migrant’s journey
to citizenship will be sped up if they conduct voluntary or civic work. As part of this new 12 week consultation, the Government will work closely with local authorities to ensure any voluntary or community work being undertaken by applicants is checked and verified.
Mr Woolas added;
“The new path to citizenship aims to create the right balance for Britain, allowing us to better
manage and provide support for those on the journey to citizenship. But it is important also to recognise the impacts - both positive and negative - which migration can have on source countries in the developing world. We believe it is right that Government should play a role in managing negative impacts on developing countries.”
Myth: Health and safety laws mean concert-
goers have to wear earplugs
The reality
No, audiences don’t have to wear earplugs! Going to noisy concerts is their choice. The laws are there to protect people who have to work in loud places.
Concert staff are more at risk of suffering hearing damage because they regularly work in high levels of noise. That is why employers should make sure they provide protection – this could be as simple as moving staff away from the noisiest areas, or providing suitable earplugs.
Hearing loss is preventable, so it’s important
to protect people to help them enjoy long and successful careers. The laws are there to control real risks to workers – not to take the fun out of concerts.
The HSE’s copyright in ths cartoon and its caption is acknowledged as is the license to reproduce it.
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