Health & Safety Newsletter From the Health and Safety Executive

Health & Safety Newsletter
From the Health and Safety Executive
Issue 36
Numbers are falling
The latest HSE statistics have revealed
a fall in the number of workers killed in
Britain last year.
Horror stories from the farm
It is the only high-risk industry that has
to deal with the constant presence of
children
Slippery when wet
An enquirer asked for some fish to be
filleted at a counter in a supermarket, and
was refused because ‘fish is too slippery’.
Contents
A full list of the articles in this issue.
Latest statistics show numbers are falling in fatal injuries to workers
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Health & Safety Newsletter
Numbers are falling in fatal injuries
From the Health and Safety Executive
Issue 35
New law poster reminder
Myth busting
How some half-baked decisions take the
biscuit. We look at a year of myth busting.
3
Looking forward to the future
How horizon scanning today will help us
be healthier and safer tomorrow.
5
Fast-growing readership for Newsletter
Health surveillance made easier
HSE launches new online guidance.
Contents
A full list of the articles in this issue.
Getting in a flap(jack) over health and safety
6
3
Horror stories from the farm
Blaming health and safety is no yoke!
Making life easier
11
It’s a big issue
Construction site safety
18
In the dock
13
FAQs _ guidance for agency workers
Chair’s blog _ lessons from a tragedy
What’s new _ construction dust dangers
2
Issue 36
The welcome fall in numbers comes from
the annual fatal injury stats. The latest figures
reveal that 148 workers were killed between April
2012 and March 2013, compared to 172 in the
previous year.
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Sounds a bit fishy to us
10
We’ve got good news on numbers in this
issue. Some figures are going up and
some are going down. And both trends
make encouraging reading.
That’s still 148 people who went to work one day
and never returned. It’s still 148 funerals and 148
devastated families but the fact that it’s fewer than
the year before has to be a good thing.
And while one number has dropped, another has
soared. Yes, as our story on page 5 reveals, you are
reading one of the fastest-growing newsletters to
be issued by a government department in Europe!
It’s reassuring to see there are so many discerning
people out there…
Don’t forget to tell your colleagues, business
partners or anyone with an interest in health and
safety to sign up for their free subscription (just
forward them a copy and they can sign up via the
red button on the cover).
Many thanks to those who take the time to get in
touch – it’s good to know you enjoy our mix of news,
tips, myths and guidance. Please keep the feedback
coming – email me at [email protected]
Colette Manning Editor
Produced in-house by HSE
Health & Safety Newsletter
www.hse.gov.uk
New statistics show numbers are falling in fatal injuries to workers
The latest HSE statistics have
revealed a fall in the number of
workers killed in Britain last year.
lIn mining and quarrying 2 workers were killed, compared to an average of 6 deaths for the previous five years.
lThere were 20 fatal injuries to workers in manufacturing, lower than the five-year average of 28.
lThere were 10 fatal injuries to workers in waste and recycling, higher than the five-year average of
6 but subject to considerable yearly fluctuations.
lThere were 39 fatal injuries to workers in construction, 26% lower than the average figure of 53.
lThere were 46 fatal injuries to workers in services, compared to the average for the past five
years of 50.
lThere were 423 members of the public fatally injured in accidents connected to work. Of these deaths, 310 (73%) related to incidents occurring on railways (including acts of suicide or trespass).
Find out more at: http://www.hse.gov.
uk/statistics/fatals.htm
Provisional data shows that 148
workers were fatally injured between
April 2012 and March 2013, compared
to 172 in the previous year.
The overall rate of fatal injury has
dropped to 0.5 per 100 000 workers,
below the five-year average of 0.6.
Britain has had one of the lowest
rates of fatal injuries to workers in
leading industrial nations in Europe
consistently for the last eight years.
The numbers by sector
lThere were 29 fatal injuries to workers in agriculture, compared to the average of 36 for the previous five years.
3
Issue 36
CONTENTS
Health & Safety Newsletter
www.hse.gov.uk
Law poster reminder
Simplifying RIDDOR
Don’t forget, the life
of the old health and
safety law poster
comes to an end on
5 April 2014.
Details of proposed changes that will simplify the mandatory
reporting of workplace injuries for businesses have been
announced by HSE.
Changes to the Reporting of Injuries, Diseases and Dangerous
Occurrences Regulations (RIDDOR) 1995 will clarify and
simplify the reporting requirements, while ensuring that the data
collected gives an accurate and useful picture of workplace
incidents.
After that date,
employers must
either give their
staff a copy of
a pocketcard or
leaflet – both of
which are free to
download from
HSE’s website –
OR display the
newer version of the
poster, launched in
2009.
To allow businesses time to familiarise themselves with the
changes, HSE has published information to support
dutyholders with the requirements which, although on track for
implementation from October, remain subject to Parliamentary
approval.
The changes will require fewer incidents to be reported overall
and could result in a net benefit to business of £5.9 million over
a ten-year period.
Why the change?
You can find out more about the proposed changes at: http://
www.hse.gov.uk/riddor/october-2013-changes.htm
It’s part of HSE’s
commitment to
make health and
safety information
more accessible.
HSE job opportunties
Also, these updated versions reflect
changes in the law which reduce
the administrative cost to employers
of having to provide and maintain
additional written information on the
poster/leaflet.
4
Issue 36
The newer version (above)
replaces the old poster (right)
More information
Find out more, including how to download the free
leaflet/pocketcard or buy the poster: http://www.hse.
gov.uk/contact/faqs/lawposter.htm
HSE currently has a range of specialist engineer and scientist job
opportunities, both on and offshore, in high-hazard industries.
The vacancies are in a range of locations all over the UK,
including Liverpool, Aberdeen and Cheltenham.
Find out more at http://www.hse.gov.uk/careers/jobprofiles.
htm
CONTENTS
Health & Safety Newsletter
www.hse.gov.uk
Fast-growing Newsletter
It’s official! You are currently
reading one of the fastest-growing
newsletters issued by a government
department in Europe.
If you haven’t already signed up to
receive regular free copies of this
newsletter, it couldn’t be easier. Just
type in your email address at: http://
www.hse.gov.uk/pubns/books/
newsletter-subscribe.htm
According to the latest digital
communications report from govdelivery.
com (an email subscription management
organisation), the Health and Safety
Newsletter showed one of the largest
percentage increases during 2012.
The H&S Newsletter is just one of 110
HSE eBulletins, subscribed to by over
180 000 people across the UK and the
world, covering a wide range of health
and safety topics and workplaces.
See the full list at: http://www.hse.
gov.uk/news/subscribe
And with more and more subscribers
regularly signing up to receive this free
newsletter, that growth should be set to
continue.
Health & Safety Newsletter
You can see the full report and find out
which other topics have growing
public interest here.
From the Health and Safety Executive
Issue 34
Drama on the cobbles
Millions see the silent killer attack
Coronation Street’s Fiz
sletter
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Saf
Health &
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From the
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Vomiting Larry
Vomiting Larry goes viral and makes a big
splash around the world.
Small businesses
Life is now a bit easier for small
businesses who need health and safety
advice quickly, simply and free of charge.
ure
to the fut p us
forward
will hel
Looking scanning today
w.
izon
How hor
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be healthi
3
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Health & Safety Newsletter
From the Health and Safety Executive
Issue 33
Fee for Intervention
Find out more about HSE’s new
charging regime, which came into force
on October 1.
Getting
alth
he
ack) over
in a flap(j
y
and safet
3
Have your say
issue.
Act quickly if you’ve got a view on
proposed changes to RIDDOR and plans
to exempt certain self-employed people
from health and safety law.
Help with work-related stress
on to
the red butt n to
Click on
ptio
a subscri
re
request
in the futu
Newsletter
Download our free tool
Contents
A full list of the articles in this issue.
FFI – what you need to know
5
Issue 36
HSE published the National Local
Authority Enforcement Code in May
following a public consultation.
Local authorities are expected to
target proactive inspections on highrisk activities in specified sectors or
on workplaces where intelligence
suggests that risks are not being
effectively managed. A listing of the
activities and sectors suitable for
inspection is published along with the
Code. More information about the National
Code can be found on HSE’s
website: http://www.hse.gov.uk/lau/
publications/la-enforcement-code.
htm
A full list of the articles in this issue.
Coronation Street storyline has saved lives
r
de easie
nce ma
surveilla ine guidance.
Health
onl
nches new
HSE lau
Contents
cles in this
of the arti
A full list
A new code has been launched to
improve the targeting of health and
safety inspections – ensuring that
local authority checks are more
focused on serious risks and poor
performers. Contents
Issue 35
sting
ns take the
Myth bu
ked decisio th busting.
e half-ba
year of my
How som
look at a
biscuit. We
Better targeting
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Views wanted
HSE has launched a consultation
on changes to the content of an
asbestos-related Approved Code of
Practice (ACOP) that will consolidate
two existing documents.
The consolidated draft is now subject
to a 12-week consultation ending on
30 September 2013. Depending on
the outcome of the consultation and
ministerial approval, the ACOP is
due to be published by the end of
the year.
A consultative document and draft
version of the consolidated ACOP are
available online at: http://www.hse.
gov.uk/consult/condocs/cd255.htm
CONTENTS
Health & Safety Newsletter
www.hse.gov.uk
Horror stories from the farm
Agriculture has one of the highest fatal injury rates of any
industry in Great Britain. And, as farms are homes as well as
workplaces, it is the only high-risk industry that has to deal
with the constant presence of children.
Sadly, there is no shortage of tragic examples of what can go
wrong.
On the next page are some real-life examples of deaths and
injuries to children on the farm – and they could all have been
avoided if some basic steps had been taken, as detailed in a new
HSE leaflet called Preventing accidents to children on farms.
Continues on page 7
6
Issue 36
CONTENTS
Health & Safety Newsletter
lA 4-year-old had been riding in the cab when her mother arrived in the field to take her home. As the girl went to join her
mother, her father drove off and ran her over, killing her.
lA young girl fell out of a tractor cab as it drove on the road. The tractor went over a
bump, causing her to lose her balance, strike the door handle and fall through the
opening door. She needed 30 stitches in her head, fractured her pelvis, punctured her bladder and was temporarily paralysed.
Children are not safe simply because they are in a cab – they can and do fall from cabs through doors which open accidentally, through rear
windows, or during emergencies. It is
illegal to allow a child under 13 to be carried on a tractor or similar machine.
lA 12-year-old boy drove an all-terrain vehicle (ATV). He swerved to avoid a ditch and the ATV toppled over. He fell off, was trapped beneath the vehicle and drowned
in the ditch. The brakes were later found to be faulty.
7
Issue 36
It is illegal for children under the age of 13 to drive an ATV or quad bike for work. It is also illegal to carry a child as a passenger.
www.hse.gov.uk
lSeveral children were being carried on a bale trailer. One was sitting with his legs dangling over the side of the trailer, and as it went through a gateway, one leg was crushed between the gatepost and the trailer.
Children under 13 years old may only
legally ride on a trailer, or on a load
carried by a trailer, if there are adequate
means, such as edge protection, to
prevent them falling from it. The same
standards of protection should be
adopted for older children.
lA 9-year-old boy was pulled feet first into a forage harvester, losing a leg. He had been left unsupervised near the stationary machine, which was left running.
Children are attracted to machinery and often fail to appreciate the dangers involved. Keep unaccompanied children away from farm activities and make sure that all machinery is properly guarded. Do not allow children to help you and do
not leave a child in, on, or near machinery, including tractors etc.
lA 7-year-old girl was playing on her
own in the farmyard near an uncovered full grain pit, which was being emptied by an auger. The child fell into the pit and drowned in the grain.
Many child deaths on farms result from
drowning in water, slurry or grain when children get into areas such as grain
stores, effluent tanks and sheep dips. Do not underestimate the curiosity of
children and their ability to get into seemingly inaccessible places.
lA 15-year-old boy on a work experience scheme was helping a
farmer clean out grain bins. The
farmer was also supervising the loading of two lorries in the yard. While loading the first lorry, the farmer and lorry driver heard the boy
shout. They rushed into the grain store and found him partially buried in a grain bin but could not rescue him.
Before employing a child of compulsory school age (normally under 16) to
undertake any work activity, the employer must tell a parent of the
child the findings of the risk assessment
and how any risks identified will be
controlled. This is as well as any
licensing requirements imposed by the
local education officer.
Download a free copy of Preventing
accidents to children on farms.
Find out more at: http://www.hse.gov.uk/
pubns/indg472.htm
CONTENTS
Health & Safety Newsletter
Sounds a bit fishy to us...
www.hse.gov.uk
In every issue of the H&S Newsletter, we feature the latest cases to go before the
Myth Busters Challenge Panel. A recent case featured a particularly slippery excuse.
Issue
Case 178 An enquirer asked for some
fish to be filleted at a fish counter in a
supermarket, and was refused because ‘fish
is too slippery’
The enquirer wanted to purchase
filleted trout in her local supermarket.
None was available pre-packed so
she asked the assistant on the fresh
fish counter if he could fillet some from
a whole fish. He agreed but then his
supervisor intervened saying that this
wasn’t possible on the grounds of health
and safety because the fish are too
slippery. The enquirer noted that on the
supermarket website it states ‘just ask
if you’d like your fish skinned or filleted’.
Panel decision
More examples
If you want to read more examples of when the health and safety excuse
has been wrongly used, all the cases so far considered by the panel are
available at mythbusters.
Other recent cases include the school sports day which was postponed
due to dew on grass and a customer who was refused the service
manual for his new appliance on health and safety grounds.
While fish filleting requires the person
to know how to use knives safely, it is
reasonable to expect this service to
be available at a fishmonger’s counter
in a supermarket, especially when the
website advertises the service. Slippery
fish are a fact of life! The panel’s view
is that this is yet another example of
poor customer service hiding behind the
health and safety excuse.
What is the Myth Busters
Challenge Panel?
HSE’s Myth Busters Challenge Panel
was set up in 2012 to provide quick
advice to people subject to ridiculous
or disproportionate health and safety
decisions by insurance companies,
local authorities, employers and
overzealous jobsworths. It is chaired
by HSE Chair Judith Hackitt and
includes independent members
who represent a range of interests
including small businesses, public
safety and trade unions.
The Panel has received over 200
cases since it was launched with
nearly all rulings finding a decision
was made without having any basis
in health and safety law.
(More ‘Mythbusters’ on page 9)
8
Issue 36
CONTENTS
Health & Safety Newsletter
www.hse.gov.uk
Blaming health and safety is no yoke!
Case 194
Department
store restaurant
bans fried eggs
due to health
and safety
issues
Issue
The enquirer visited a department store
restaurant with friends for breakfast and were told
they couldn’t have fried eggs because of ‘health
and safety issues’.
Puzzled at this remark, they
enquired further. They were
told it was because someone
in another store had left a pan
on the heat while frying eggs,
causing a fire. Therefore, the decision was
made to stop supplying fried eggs in all
store restaurants.
Panel decision
This is a classic case of an over-the-top
(and misguided) response to a problem. The
department store chain decided to stop the sale
of fried eggs in all of their restaurants as a result
of a fire when a pan overheated in one kitchen.
Banning the sale of fried eggs will not stop
other pans being overheated if staff do not take
appropriate care! Fire is a risk when cooking but
one that can be easily managed. The store has
now clarified that this was not a health and safety
decision at all but a matter of company policy.
See more myths at mythbusters.
9
Issue 36
CONTENTS
Health & Safety Newsletter
Making life easier
Updated guidance has been unveiled by HSE which will make it
easier for larger organisations and business leaders to understand
how they can comply with health and safety regulations.
A new edition of Successful health and safety management (HSG65)
will be published later this year by HSE. Until the new edition is
produced as a hard copy publication, this refreshed HSG65 guidance has
been made available by HSE online, as a series of webpages in four main
parts at Managing for health and safety
www.hse.gov.uk
HSE’s guidance on managing for health
and safety has moved from using the
POPMAR (Policy, Organising, Planning,
Measuring performance, Auditing and
Review) model to a ‘Plan, Do, Check, Act’
approach.
The move towards ‘Plan, Do, Check,
Act’ achieves a better balance between
the systems and behavioural aspects of
management. It also treats health and
safety management as an integral part of
good management generally, rather than
as a stand-alone system.
Who is it aimed at?
The first two parts of the refreshed
HSG65 are targeted at business leaders,
owners, trustees and line-managers,
while the third part will be particularly
useful to those who need to put in
place or oversee their organisation’s
arrangements for health and safety,
eg health and safety managers. It will
also be useful to workers and their
representatives.
Plan, Do, Check, Act
‘Delivering effective arrangements’ is
the newest and most significant part.
It introduces the Plan, Do, Check, Act
framework, identifying the key actions
needed in each part of that cycle and
relating them back, where appropriate,
10
Issue 36
to leadership, management, worker
involvement and competence.
So if you are looking for information on
how to manage risks in your business,
HSE’s website has a suite of guidance
that will be able to help, by offering
appropriately targeted information
focused on making compliance as
straightforward as possible.
If you need basic information or are
getting started in managing for health
and safety, then the best place to look is
Health and safety made simple: The
basics for your business.
Guidance on controlling risks from
specific topics can be found in The
health and safety toolbox: How to
control risks at work.
The revised and enhanced online version
of HSG65, entitled Managing for health
and safety is now available online,
divided into four main parts:
lCore elements of managing for health and safety
lAre you doing what you need to?
lDelivering effective arrangements
lResources
Find out more at: Managing for health
and safety.
CONTENTS
Health & Safety Newsletter
www.hse.gov.uk
It’s a big issue
but you won’t be able to see it!
It’s so small you can’t see it with the
naked eye… but it’s got a big future.
We put nanotechnology under the
magnifying glass.
What is nanotechnology?
Nanotechnology involves
working with any
technology which uses
materials and structures
that have at least one
dimension of less than
100 nm (a human hair,
see right, is about
80 000 nm wide).
It’s a fast growing area with
nanomaterials already being used in a
wide range of commercial products, from
self-cleaning windows to cosmetics
and medicines.
David Willets, the Government’s
nanotechnology ‘Champion’ has
included nanotechnology in his ‘eight
great technologies’ which he thinks will
propel the UK into future growth, with a
11
Issue 36
wide scope for its potential application
in areas such as improved energy
storage, faster computer systems and
remediation of polluted soil, air and
water.
What’s it got to do with health
and safety?
With all new technologies, unique risks
may arise. Materials in the nano-form
can react differently from the bulk
form, so what we know about their
characteristics in the bulk form may not
necessarily apply.
HSE has responsibility for the
occupational use of nanomaterials.
To ensure that we keep abreast of this
emerging area, we have built successful
partnerships across government,
academia and industry to develop a
sensible, risk-based approach for the
regulation of nanotechnologies.
We have recently produced new
guidance ‘Using nanomaterials at work’
aimed at smaller businesses.
Also, through partnership work with
the UK NanoSafety Group, we have
gained a better understanding of the
use and development of nanotechnology in academia. This group
have produced their own guidance for
academia with input from HSE, and
have recently expanded to include
industry representatives, which will
give us further insights. Overall,
HSE is well-placed to deal with the
challenges arising from these emerging
technologies.
Where can I find out more?
There’s a lot of activity going on in this
area and you can read more about it on
the nanotechnology site.
CONTENTS
Health & Safety Newsletter
www.hse.gov.uk
National clampdown on construction site safety
Poor standards and
unsafe work on
Britain’s building
sites will be targeted
during September
2013 as part of an
annual initiative
aimed at reducing
death, injury and
ill health in the
industry.
During the month-long drive, HSE will
visit sites where refurbishment projects
or repair works are being carried out.
Inspectors will make unannounced
visits to sites to check that high-risk
activities, such as working at height,
and work which could result in exposure
to harmful dusts, are being properly
managed. They will also check that
basic welfare facilities, such as toilets
and handwashing facilities, are
adequate.
Despite a welcome reduction in the
number of people killed in 2012/13,
the latest figures revealed construction
workers are nearly four times as likely
to be killed at work compared to the
average worker.
12
Issue 36
Also, an estimated 70 000 construction
workers are currently suffering ill health
as a result of their work.
The purpose of the campaign is to
drive home the message to those
working in the industry that poor risk
management and a lack of awareness
of responsibilities are not only
unacceptable, but can cost lives.
Heather Bryant, HSE Chief Inspector of
Construction, said: ‘Too many people
die or are seriously injured every year
on Britain’s construction sites as a result
of entirely avoidable incidents. Just as
importantly, workers are unnecessarily
being exposed to serious health
risks, such as asbestos or silica dust,
which can have fatal or debilitating
consequences.
‘Often we find it is smaller companies
working on refurbishment and repair
work who are failing to protect their
workers through a lack of awareness
and poor control of risks.
‘This initiative provides a chance to
engage with these firms to help them
understand what they need to do, so
they can put in place the practical
measures needed to keep people safe.
‘However we want to be clear, if we
find evidence that workers are being
unnecessarily and irresponsibly put at
risk we will not hesitate to take robust
action. Companies who deliberately cut
corners will feel the full weight of the law.’
Further information about the initiative
and safe working in construction
can be found at: www.hse.gov.uk/
construction
CONTENTS
Health & Safety Newsletter
In the dock 1
Police force and firearm officer fined over PC death
A police force and one of its
officers have been fined for health
and safety failings that led to a
constable being shot dead.
PC Ian Terry, age 32, died after
being shot by a colleague during
a firearms training session at a
disused warehouse in Newton Heath,
Manchester, on 9 June 2008.
During a training exercise where
firearms police officers were practising
to apprehend armed criminals from a
car, Ian Terry was killed by a colleague
using a shotgun. PC Terry was role
playing an armed criminal when he
received severe injuries to his chest
and was pronounced dead at hospital.
A training officer responsible for the
course _ who was referred to as
Constable Francis during the trial to
protect his identity _ was found guilty
of failing to protect his work colleague.
He ran a course with a lethal
combination of factors, including
the use of live ammunition in an
13
Issue 36
www.hse.gov.uk
aggressive scenario. Another firearms
trainer, known as Sergeant Eric, was
found not guilty.
Greater Manchester Police pleaded
guilty in March to failing to adequately
monitor the training courses its firearms
unit designed and ran.
At Manchester Crown Court in July,
Greater Manchester Police were fined
£166 666 and ordered to pay costs of
£90 000 for breaching section 2 of the
Health and Safety at Work Act.
PC Francis was fined £2000 and
ordered to pay costs of £500 for
breaching section 7 of the Act.
Mike Calcutt, HSE Principal Inspector,
said: ‘Ian Terry was a well liked and
respected police officer, and a loving
family man. He was shot and killed
on a training exercise in Manchester
by one of his colleagues. His death
was entirely preventable. Today, PC
Francis has been found guilty of failing
to protect his colleague by introducing
dangerous and reckless elements into
a training exercise.
‘Greater Manchester Police accepted
its failings and we welcomed their guilty
plea earlier this year.
PC Ian Terry (left)
‘Today is an important day for Ian’s
family, who have suffered an ordeal
nobody should have to endure and who
have waited patiently in their search for
justice.’
PC Terry was married with two children.
His widow Joanne said: ‘Ian was an
exceptional man _ a brilliant father,
husband, son and brother who we will
always be proud of. He was the heart
of the family and always had a smile
on his face. His enthusiasm for life was
infectious. He was also a dedicated
police officer who loved his job, and his
career was progressing well within the
firearms division of GMP.
‘The last five years have been
horrendous for us. We are a patient
and reasonable family and all we
have wanted from day one is for those
involved in this tragedy to accept their
portions of responsibility for what
happened to Ian on 9th June 2008.
‘We would like to thank the officers of
the Health and Safety Executive who
have worked tirelessly over the last five
years in pursuit of the truth, and their
sensitivity, commitment and diligence
which have helped us through this
ordeal.’
(‘In the dock’ continues on page 14)
CONTENTS
Health & Safety Newsletter
In the dock 2
Worker burned by
hot oil
A worker was burned by hot oil when he
accidentally knocked a pipe connected
to a pressure gauge, releasing the
scalding liquid over his shoulder, upper
arms, neck and back.
Harvey Hopwood, the health and
safety manager at potato products
manufacturer PAS (Grantham) Ltd,
suffered 10 per cent burns to his upper
body while he was overseeing the jet
washing of a large oil storage tank at
the Lincolnshire company on
27 November 2012.
Grantham Magistrates’ Court heard that
he climbed between the guard rails on
the gantry at the top of the tank to check
how the work was progressing. As he
did so, he knocked a pipe connected to
a pressure gauge, which came off and
released the oil, which was over 160
degrees Celsius in temperature, over
his upper body.
Mr Hopwood, 62, of Melton Mowbray,
was off work for over a month before
later leaving the company.
14
www.hse.gov.uk
An HSE investigation found that the
company had failed to carry out a
risk assessment for the cleaning
operation, and instead decided
to do the work first and write it
retrospectively.
PAS (Grantham) Ltd, of
Easton, was fined £16 500
and ordered to pay £571 in
costs after pleading guilty to a
single breach of the Management
of Health and Safety at Work
Regulations 1999.
After the hearing HSE inspector Judith
McNulty-Green said ‘The whole point
of a risk assessment is to ensure the
risks associated with a particular task
are considered and measures put in
place to mitigate against them in order
to keep workers safe.
‘To carry out the work first and then
write the assessment afterwards is
foolhardy to say the least.
‘Mr Hopwood was extremely fortunate
not to be more seriously injured. If it
hadn’t been for the incredibly quick
actions of colleagues who dragged him
to an emergency shower this incident
may have had a very different outcome.’
Information about risk management is
available at www.hse.gov.uk/risk
(‘In the dock’ continues on page 15)
Issue 36
CONTENTS
Health & Safety Newsletter
www.hse.gov.uk
In the dock 3
In the dock 4
In the dock 5
Self-employed maintenace worker
carries out illegal gas work
Employee hit by
metal ring
Entangled in
unguarded lathe
A 70-year-old, selfemployed maintenance
worker has been fined
for carrying out illegal
gas work at a café and
restaurant in St Austell,
exposing customers and
workers to the risk of injury.
A West Lothian
engineering firm Oil States
Klaper has been fined
£40 000 for safety failings
after an employee suffered
life-threatening injuries
when he was hit by a
400 kg metal ring being
propelled toward him
under high pressure.
A Somerset tyre services
company has been fined
after a labourer was injured
when his trousers became
entangled in an unguarded
lathe.
Alistair ‘Nick’ Clyne, trading
as Clyne Catering, of
Gwindra Industrial Estate,
St Austell, was prosecuted
at Bodmin Magistrates
Court for carrying out illegal
gas work on appliances.
The court heard that
Mr Clyne was not
registered as qualified
with Gas Safe and had
been warned by HSE in
September 2012 not to
carry out any gas work
while unregistered.
HSE found that Mr Clyne
carried out the work at
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Issue 36
Pit Stop Snacks in
St Austell, repairing a
liquid petroleum gas (LPG)
deep fat fryer and water
boiler. He also carried out
gas work at Simply Jude’s
restaurant in Pentewan,
converting gas appliances
to LPG and installing new
gas pipework and gas
appliances.
David Humphries, 70,
sustained bruising and
minor injuries to his right
leg, arm and rear in the
incident. Sadly, he suffered
a heart attack and died
shortly afterwards.
Mr Clyne’s illegal work
came to light when the
restaurant owner became
concerned about the poor
workmanship and called in
a gas catering company to
check the work.
Kenneth Hunter, 33, had
to have surgery to repair
severe fractures to his
face and collarbone. He
was left with permanent
scarring to his face and
could not work for 18
months.
He pleaded guilty to
breaching gas safety
regulations and was fined
£375 and ordered to pay
costs of £1000. Mr Clyne
was also ordered to pay
the restaurant owner £800
in compensation.
Read about more HSE court cases at:
http://www.hse.gov.uk/press/press.htm
Tyre Renewals Ltd was
fined £9000 and ordered to
pay £16 302 in costs.
CONTENTS
Health & Safety Newsletter
www.hse.gov.uk
Does guidance for new starters also apply to
agency workers?
FAQs
Did you know there’s
a range of frequently
asked questions (and
answers) on HSE’s
website? Subjects
covered range from
break entitlement to
the number of toilets a
workplace should have.
You can see all the
questions here but,
meanwhile, here’s a
typical question and
answer.
Employers have
obligations towards
agency workers who
are new starters, just
as they do towards
employees.
Employers will need to
share information with
the agency to ensure
they select workers who
are suitable.
This includes information about:
lspecial occupational qualifications or skills required for workers to be able to carry out their work safely;
lhealth and safety risks, and what has been done to prevent or control them.
More information
You can find more information about working
effectively in cooperation with agencies on the GOV.
UK website: Agency workers: your rights.
You can read more FAQs on a range of workplace
health and safety matters at: http://www.hse.gov,uk/
contact/faqs/index.htm.
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Issue 36
CONTENTS
Health & Safety Newsletter
Blog
HSE Chair Judith Hackitt
regularly looks at
developments in the world of
health and safety in a series
of blogs on HSE’s website.
You can read this in full, and
others, via the link at the foot
of the page
www.hse.gov.uk
from
HSE’s
Chair
This summer, I spoke at an extraordinary
event in Aberdeen – Piper 25. This threeday conference was put on to ‘reflect,
review, reinforce and re-energise’
25 years after the Piper Alpha offshore
tragedy claimed 167 lives.
I attend and speak at a lot of
conferences, and some of them can blur
together. But this one will stay with me
for a very long time.
Lord Cullen spoke about his inquiry
into the disaster and the seminal
changes that were made to the offshore
regulatory regime as a result. Sir Charles
Haddon-Cave shared the lessons
from his investigation of the Nimrod air
disaster.
It was attended by more than 750
delegates from all over the world. On
the second day, they were joined by
500 workforce representatives who
took part in a parallel conference in the
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Issue 36
Lessons from a tragedy
same venue. But it wasn’t the number
of people which made this event
remarkable.
What really struck me was the profound
sense among all the participants
that we must never ever lose sight
of the challenges which continue
to be involved in working offshore.
There was no sense of this being an
industry where health and safety has
been cracked. In their different ways,
everyone spoke about the need to
maintain the sense of chronic unease
which goes with operating in such
a challenging environment – and
everyone meant it.
It’s 25 years since that terrible incident
on Piper Alpha but the basic hazards
those guys face today are still the same.
On that summer night in 1988, 167 of
their colleagues lost their lives. I would
urge everyone to watch this powerful
film, not just those who work in the oil
and gas industry. There are lessons for
all of us to remember. None of us must
ever forget.
Read more
CONTENTS
Health & Safety Newsletter
www.hse.gov.uk
What’s new from HSE
Keeping you up to date with our latest guidance
Dangers of construction dust
Construction dust is not just a nuisance
– it can seriously damage your health
and some types can eventually even kill.
Regularly breathing these dusts over
a long time can therefore cause lifechanging lung diseases.
HSE has recently issued an updated
information sheet on construction dust.
The sheet, which is free to download,
tells employers what they need to
know to prevent or adequately control
construction dust risks. It also provides
advice for safety representatives and
workers.
What is construction dust?
This is a general term used to describe
different dusts that you may find on a
construction site. There are three main
types:
lsilica dust – created when working on silica-containing materials like concrete, mortar and sandstone (also known as respirable crystalline silica or RCS);
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Issue 36
lwood dust – created when working on softwood, hardwood and wood-
based products like MDF and plywood;
llower-toxicity dusts – created when working on materials containing very little or no silica. The most common include gypsum (eg in plasterboard), limestone, marble and dolomite.
Dust can build up in the lungs and harm
them gradually over time. The effects
are often not immediately obvious.
Unfortunately, by the time it is noticed
the total damage done may already be
serious and life changing. It may mean
permanent disability and early death.
damage are not
large. The largest
amount of silica
someone should be
breathing in a day
after using the right controls is shown
next to the penny (see above).
Construction workers have a high risk
of developing these diseases because
many common construction tasks
can create high dust levels. Over 500
construction workers are believed to
die from exposure to silica dust every
year. The amounts needed to cause this
Find out more:
You can download this updated
information sheet free of charge at:
http://www.hse.gov.uk/pubns/cis36.
pdf
What are the health risks?
Anyone who breathes in these dusts
should know the damage they can do to
the lungs and airways. The main dustrelated diseases affecting construction
workers are:
llung cancer;
lsilicosis;
lchronic obstructive pulmonary disease (COPD);
lasthma.
Some lung disease, like advanced
silicosis or asthma, can come on
quite quickly. However, most of these
diseases take a long time to develop.
CONTENTS