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Asbestos has been banned in the UK since 1999 and across the EU since 2005.  However, there is a huge legacy problem of asbestos in existing buildings. Before it was banned, asbestos was widely used for its positive qualities – it has high tensile strength, flexible fibers, it is stable at high temperatures, it is resistant to chemicals, it has good electrical, sound and heat insulation properties, and it was abundant and available at low cost.

However, after decades of use authorities found that asbestos can be lethal if its fibres are inhaled, which can cause mesothelioma, lung cancer, asbestosis and pleural thickening in individuals who are exposed. In many cases, illnesses that result from asbestos exposure only began to emerge forty years or more after the fact. All of these issues are life-changing, and ultimately, most result in early death. No one would take a risk with asbestos exposure if they really understood the consequences.

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Asbestos Exposure Today

Despite the risks, and despite campaigns by national and international safety bodies, people continue to be exposed. The World Health Organisation (WHO) estimates that each year up to 125 million people in the world are exposed to asbestos in the workplace. In the UK, the Health and Safety Executive (HSE) estimates that around 5,000 workers (or former workers) die every year from asbestos-related cancer. Some of these are the result of historical exposure, before the ban.  However, the deaths were expected to plateau once the ban was in place – they haven’t – and people continue to be exposed during refurbishment, demolition or maintenance work.

It’s not just traditional tradespeople who are exposed – the National Union of Teachers estimate that every year 17 teachers (or former teachers) die from mesothelioma, caused by asbestos exposure in schools.  

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Prosecutions for Asbestos Exposure

Prosecutions for companies whose employees have potentially been exposed to asbestos are still quite common. In 2017 a construction company was fined £750,000 for poor practice during a demolition and refurbishment project, which could have placed as many as 200 people at risk of asbestos exposure.

In other cases individual supervisors, managers and directors have received community service orders, suspended jail terms or have been disqualified as directors for not ensuring that workers are protected from asbestos exposure. In a more recent prosecution, workers were found to have actually cut previously removed asbestos panels to fill in gaps in a damaged wall. Although their employer had an asbestos survey and action plan in place, employee health and safety training did not cover the measures required to manage the risks of asbestos. In many prosecutions, asbestos surveys have been done, but people carrying out the work, and even their supervisors, did not have sufficient asbestos awareness training to know to ask to see the survey, or to be able to interpret the survey if shown it.

For every prosecution that comes to light, there are many more examples which get brushed under the carpet (literally in some cases). In most cases, a lack of asbestos awareness or health and safety training amongst workers and supervisors is a factor. In a survey of 500 construction workers commissioned by IOSH (the Institute for Occupational Safety and Health) almost one in five said that if they discovered asbestos, they wouldn’t know what to do next, and one third admitted to never checking the asbestos register before they start work. There is clearly a big gap between the asbestos awareness needed and the health and safety training provided in practice.

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What Can Employers Do to Prevent Asbestos Exposure?

So how do you make sure that your staff are not in the 33% who don’t check the asbestos register, or in the 20% who don’t know what to do if they suspected it? Or the perhaps larger number of people who, even with asbestos awareness training, wouldn’t know what to look for. Follow these three steps.

1) Survey – The safest approach is to get a UKAS-accredited organisation to carry out an asbestos survey.  If you are in a structure built since 1999, you might have evidence that there is no asbestos – but be aware that a new building on a brownfield site could have asbestos rubble buried in the foundations or the grounds. It is important to remember that Asbestos does not rot. Your alternative to a survey is to assume that anything that could be an asbestos-containing material (ACM) is. That would make even the simplest repair job – hanging a clock on a wall, fitting a shelf – a task that could lead to asbestos exposure, so better to know where the asbestos is, and share the information with all employees and contractors who could be affected.

2) Plan – Your survey will help you to write a plan explaining how you are going to manage the asbestos. A duty holder should be named, along with people responsible for asbestos management at each location.  Decisions about asbestos management should be risk-based. Asbestos in poor condition, in a location where it could easily be damaged, and where people will be exposed if it is damaged should be checked more often and prioritised for removal or remediation. Asbestos in good condition that won’t be disturbed can be documented in your register, labelled, left in place and inspected regularly.

3) Training – Asbestos awareness training includes both company-specific information and general information about asbestos.

The asbestos action plan and survey should be available to everyone who might need to see it. This doesn’t mean uploading documents to your Intranet and hoping people will go and look at them. Do you have a way of recording that the documents have been sent to all relevant staff? Have they had the opportunity to read it and ask questions about it? And that they have agreed to work within it?  

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Asbestos Awareness and the Workforce

Plumbers, electricians, fitters, installers, decorators and plasterers, as well as more obvious trades such as demolition workers and roofing contractors, are all at risk of exposure if they don’t know where asbestos might be found, or don’t understand the consequences of exposure. They need to understand why they should ask to see the asbestos register, and be able to interpret the register to plan their work safely – or refuse to work where that is not possible. Making them aware of the uses of asbestos relevant to their work is an essential part of protecting them.  

Do they know asbestos was used in the cement for pebbledash finishes, and even in vinyl wallpaper? Your workers might come across something that worries them that wasn’t in the survey. It’s important to remember that asbestos awareness training does not provide people with the competence to work with or remove asbestos, but it is vital for any workers who could be exposed to it during their work.

L143, the HSE code of practice for asbestos management, reminds employers that asbestos awareness training needs to be regularly refreshed, and that e-learning is an effective means of achieving this. If the HSE knock on your door, you need to be able to prove that all relevant workers have received asbestos awareness training, so make sure however you provide the training, it is recorded and assessed.

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Conclusion

If your employees or contractors carry out tasks that could disturb asbestos, make sure your health and safety regime will ensure they are not in the one third who don’t look at the asbestos survey, or in the one fifth who wouldn’t know what to do if there was an emergency that involved possible asbestos exposure. By establishing a clear and dedicated approach to asbestos awareness in the workplace, you can help safeguard your workers and the public at large from potential risk.   

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Are you a SME or Enterprise looking for train your staff in Asbestos Awarness? Visit our eLearning library and try any course for free.

This article is purely for informational purposes. For more information regarding Asbestos Exposure in the UK visit:http://www.hse.gov.uk/

 

For many people, the phrase “life has its ups and downs” often refers to the highs and lows we experience in our day to day lives. However, for millions of workers who work at height across the UK, the phrase is quite literal and carries with it a significant amount of risk.

Indeed, falls from height remain the leading cause of death and injury in the workplace, and can have a devastating effect on both employers and employees alike. While many associate these kinds of incidents with high-risk industries such as construction and infrastructure, falling from height is an issue that affects a wide variety of sectors across the UK, including, manufacturing, agriculture, retail and even office-based work.

In an effort to reduce the risks faced by millions of workers, the HSE and the UK government introduced The Work at Height Regulations 2005, a set of rules that govern how work at height is conducted. It’s crucial that employers and employees are aware of the risks involved with working at height, the consequences they can have, and the reasons why safety measures are so important.

However, workplace legislation can often be quite difficult to navigate. In order to help clear things up, we’ve put together this quick guide to help you get to grips with working at height in the workplace.

Working at Height Definition

Working at height is defined as a work-related activity where an individual is at risk of falling from one level to another in a manner liable to cause personal injury. This includes falls from above and below ground, as well as falls from ground level through an opening or hole.

The broad nature of the definition covers a wide range of work activities. A few examples include:

• Using a kickstool, ladder/ step-ladder (both fixed and portable).
• Using a harness or suspension system.
• Working on scaffolding and platforms.
• Working near holes or open trenches.
• Working on or near fragile surfaces.
• The loading and unloading of high platform vehicles.

It is commonly thought that work must take place above 2 meters to qualify. While this is true in some EU countries, the UK has no minimum height requirement. As a result, the criteria for assessing work at height is based primarily on the level of risk involved.

From stockroom assistants to tree surgeons and structural welders – if your duties happen at or near elevation, you are classified as working at height.

Working at Height Regulations 2005

The Work at Height Regulations 2005 is a piece of health and safety legislation that governs the safe practice and management of work that takes place at height. Its primary goal is to outline a list of rules that are designed to help reduce workplace risk and prevent occupational death and injury. Additionally, the regulations summarise the responsibilities that employers (including self-employed individuals) and employees have to ensure that work at height is conducted in a safe and secure manner.

Avoidance

One of the key preventative measures that employers can follow is to avoid work at height altogether. Section 6 of the Work at Height Regulations states that employers should avoid working at height wherever possible, and that work should take place exclusively at ground level. However, if this is unavoidable, employers must do everything they reasonably can to prevent risk and minimise both the distance and consequences of a potential fall.

 

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“Avoid. Prevent. Minimise.”

– Health and Safety Executive on Working at Height  

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Before work at height can even begin, employers must ensure that all work is appropriately planned, organised and supervised. As part of their duties they should:

 

• Conduct regular risk assessments to identify hazards, the level of risk involved and those who may be affected. They should also note any and all precautions that need to be taken.
• Take into account the nature, frequency and duration of work conducted at height.
• Consider the impact that weather conditions can have on their operation and how this can increase the risk of a fall.
• Make provisions for the safe storage and management of tools and materials.
• Ensure that appropriate evacuation and rescue procedures are in place.

Competence

Under the Working at Height Regulations, it is the employer’s responsibility to ensure that anyone involved in controlling, supervising or taking part in height related work is competent to do so. Employers must ensure that workers undergo regular training and assessment to make sure they have the appropriate skills, fitness level, knowledge and proficiency to safely undertake their duties.

Equipment

Choosing the right equipment for the job is an essential part of planning any height related work activity, and can help employers with safety working at height and significantly reduce fall risks on their operations. The Working at Height Regulations provide a detailed account of everything employers must do regarding the use of work and safety equipment.

• Work Equipment – Employers must select equipment that is appropriate for the work being conducted.
• Safety Equipment – They must provide safety equipment that is appropriate for the work operation, including collective protection (guardrail systems, scaffolding) and personal protection (work restraint and fall arrest equipment).
• Training – They must make sure that workers are appropriately trained in the use of any equipment that they must use as part of their duties.
• Inspection – They must ensure that all equipment is maintained, regularly inspected and compliant with relevant health and safety guidelines.

 Falling Objects

The risk of falling doesn’t just affect workers – it also applies to the tools and equipment that they use. Employers must take into account the dangers posed by falling objects and the potential consequences that they can have. In situations where this isn’t practical, exclusion zones and safety netting should be put in place to prevent falling equipment hitting persons or structures below them.

While the Work at Height Regulations focus primarily on responsibilities of employers, they can’t do everything – employees must also comply with reasonable health and safety measures as part of their duties under the Health and Safety at Work Act 1974. Due to the significant level of risk involved in working at height, the regulations outline additional rules that employees must abide by:

• Workers should comply with all reasonable instructions given to them regarding working at height.
• They are duty-bound to report any health and safety issues that affect themselves or others.
• They must only use appropriate work equipment and safety devices to undertake work at height.
• They must only use equipment and safety devices that they have been trained to use.

Conclusion

As with most health and safety legislation in the UK, the Working at Height Regulations are designed to help reduce risk and prevent potentially fatal incidents. With so much on the line, it’s essential that everyone involved in working at height knows how to keep their feet planted firmly on the ground – even when they’re off it.

 

 

Need effective work at heights training? Try our Working at Height course or any other EssentialSkillz course for free.

This article is purely for informational purposes and does not constitute legal advice. For more information regarding the Working at Height Regulations 2005 visit: http://www.hse.gov.uk/

Tragic death of a five year old girl

A five year old girl was in the lift at her family’s home and put her head through a damaged vision panel. The lift started moving upwards, trapping her between the lift and the ground floor ceiling. This resulted in fatal neck and back injuries. The tragic event occured because the property management and the elevator service company did not follow the Health and Safety at Work Act.

The property management company and the elevator service company both pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974. The two companies have been sentenced in January 2019. The property management company has been fined £1 million and ordered to pay costs of £40,000, while the elevator service company has been fined £533,000 and ordered to pay costs of £40,000. A third property management company has been ordered to rest on file. This means that there is enough evidence for a case to be made, but it is considered to be of less importance.

HSE inspector Leo Diez said: ‘As a result of their negligence, a wholly avoidable tragedy, under horrific circumstances, has occurred where a five-year-old child has lost her life and a family have been left utterly devastated at the loss of their little girl. Companies should know HSE will not hesitate to take the appropriate enforcement action against those who flout health and safety law.’

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Scaffolding company fined 10k after serious injury to worker

A Dorset based scaffolding company employee was working on constructing an access tower and guard rails around the roof on industrial units in Christchurch. As he completed his own work, the worker went to the roof to help his colleagues with the guard rails. He fell five metres down through the skylight injuring his pelvis, wrists, ribs, elbow and arm. This resulted in three weeks of surgeries, ongoing physiotherapy, being registered disabled and unable to work. His wife also had to give up her job to look after him.

The scaffolding company pleaded guilty to breaching Regulation 4(1) of the Work at Height Regulations 2005. They have been fined £10,000 and ordered to pay costs of £3,666.80.

HSE inspector Caroline Penwill said: ‘Falls from height remain one of the most common causes of work related fatalities and injuries in this country and the risks associated with working at height are well known. Mr Norris’s injuries were life changing for both him and his family. He could have easily been killed. This serious incident could have been avoided if the work had been properly planned to reduce risk.’

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Death at a waste and recycling company

A worker of a waste and recycling company was walking across the yard of the waste transfer station when he was hit by a reversing refuse collection vehicle. This resulted in an instant death at the scene.

The company did not assess the risk involved in the yard or implement industry recognised control measures to avoid such accidents from happening. The waste and recycling company was found guilty of breaching section 2(1) of the Health and Safety at Work Act 1974, has been fined £1 million and ordered to pay costs of £130,000.

HSE inspector Kevin Golding said: ‘This should be a reminder to all industries, but in particular, the waste industry, to appropriately assess the risks and implement widely recognised control measures to adequately control manoeuvring vehicles, in particular reversing vehicles and restrict pedestrian movements around vehicles.’

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Fines for health and safety violations in the UK have risen to record levels in recent years, affecting thousands of organisations across the UK. But who pays them? What are the costs? And how can you avoid them altogether?

2018 was, without a doubt, a landmark year for fines handed down for breaches in health and safety. Prosecutions have steadily grown year on year, and for the first time since legislation was introduced in 2015/2016 the average cost of fines rose to over £1 million. Additionally, fines in several landmark cases have topped more than £2 million as the UK government calls for greater accountability in health and safety. However, navigating all of the reports, statistics and legislation on them can be an extraordinarily daunting task. This article sets out to highlight everything you need to know about health and safety fines in the UK.    

What is Considered a Breach of Health and Safety?

A breach of health and safety is defined as an action or incident that infringes on rules set out in workplace legislation (such as The Personal Protective Equipment at Work Regulations or The Manual Handling Operations Regulations 1992). However violations also broadly fall under the Health and Safety at Work Act 1974 (HSWA). The Act outlines the general duties that employers and employees have to safeguard the workplace, the manner in which Authorities should conduct investigations and sentencing guidelines for health and safety violations.

Who Enforces Health Safety Fines?

There are a number of authorities and institutions who may be involved in investigating health and safety in the workplace.

Initially, a health and safety officer may determine if certain measures have been broken. Health and safety officers are often appointed by organisations to oversee safety in the workplace. As part of their duties they:

• Develop and regularly update the organisations health and safety policy.
• Ensure that each member of staff is aware of and follows this policy.
• Perform risk assessments and maintain an accident record.
• Work closely with management, as well as health and safety inspectors, industry authorities and trade unions.

An investigation could also fall to Local Authorities (LA) who oversee health and safety measures in the public sector, or to Enforcing Authorities (EA) who monitor specific sectors, such as national railways or nuclear power stations. Both Local and Enforcing Authorities have powers to hand down health and safety fines, and can also bring criminal proceedings against offenders.  

The Health and Safety Executive (HSE) is an independent regulator that oversees health and safety standards in high risk industries, from factories and farms to building sites, offshore installations, schools, and government premises. Local and Enforcing Authorities will often consult with the HSE to evaluate cases and to determine an appropriate course of action. In severe circumstances, the HSE will take the lead on pursuing charges against organisations for breaching health and safety regulations.

How is an Investigation Conducted?

Once a breach is reported authorities will open an investigation that sets out establish the facts of the case. The HSE and Local and Enforcing Authorities follow a system that is outlined in the Health and Safety Act 1974:

• Gather relevant information  
• Analyse information
• Identify risk control measures
• Assess existing health and safety protocol

Once an investigation is concluded, a number of factors can determine the next course of action, including the severity of the incident, the level of risk involved, what measures were already in place and if it could have been prevented. Authorities could determine if an incident is a minor breach of regulation. While this is still a serious offence, the investigator may hand down improvement or prohibition notices that will give relevant parties time to address the issue. Under these circumstances organisations might avoid prosecution but be liable to pay a Fee for Intervention (FFI) to authorities to help recoup the cost of an investigation. However, if the breach is severe the authorities may choose to escalate cases to criminal proceedings which can be tried in either a Magistrate or Crown Court.

Who Pays for Health and Safety Fines?

A breach of health and safety regulations can be considered a criminal offence, and anyone found culpable can face disciplinary or criminal proceedings. As a result, both employers and employees can be handed health and safety fines.

• Employers have a duty of care in the workplace and can face disciplinary and criminal action if found liable. This could happen if authorities find there has been a failure to oversee and enforce good health and safety practice.

• Employees must also take responsibility for the safety of themselves and others in the workplace. If their actions break health and safety regulations, they could face disciplinary action, ranging from a verbal or written warning through to dismissal from employment. In severe cases investigating authorities may recommend that the individual receive a fine, a term of imprisonment or even both.

How Much do Health and Safety Fines Cost?

Section 33 of the HSWA outlines the sentencing guidelines for breaches in health and safety. For cases tried in a magistrates court, organisations can be expected to pay anywhere between £5,000 to £20,000. However for cases that are tried in Crown Court, fines are unlimited. Courts can also order defendants to pay additional legal costs, victim surcharges and compensation to anyone affected. Additionally, costs cannot be recouped through insurance. As a result, fines can have a direct impact on an organisation’s financial security.

While health and safety fines on their own can be devastating, the bad publicity that comes with them also leave a definitive mark. Breaches can cost an organisation their reputation, affect their future business prospects and have a negative impact on their industry standing.

What is the Best Way to Avoid Health and Safety Fines?

The consequences of breaking health and safety laws can be daunting, and for good reason; they’re designed to be. The UK government believes that a zero-tolerance approach to breaches will push organisations to take health and safety seriously and help reduce risks in the workplace.

But what is the best way to avoid fines for health and safety? The HSE determines that the most effective method is to ensure that both employers and employees play a proactive role in maintaining workplace safety.

For Employees:

• Always follow the health and safety protocols in your workplace
• Regularly review your organisations health and safety policy to stay up to date with any changes.
• Request additional training and refresher courses.
• Report any health and safety issues you find to the proper authorities.

For Employers:

• Make sure that your organisation has a strong and regularly updated health safety policy.
• Create an effective health and safety training strategy and offer regular refresher courses to your workforce.
• Appoint a health and safety officer to make sure that effective health and safety measures are in place.
• Create a reporting system so that health and safety issues can be addressed as swiftly as possible.
• Work closely with industry experts, trade unions and appropriate authorities to address health and safety issues.

The key thing to take away is that ultimately, health and safety legislation is designed to be preventative rather than curative. By staying vigilant in maintaining health and safety in the workplace, both employers and employees can avoid the risk of health and safety fines.

This article is purely for informational purposes and does not constitute legal advice.

Visit: http://www.hse.gov.uk For more information regarding fines and regulations for health and safety in the UK.

The Health and Safety at Work Act 1974 is arguably one of the most definitive pieces of workplace legislation in the UK. But what does it do? Why is it so important? And who does it apply to?

Since the burgeoning days of the industrial revolution, health and safety law had played a vital role in the lives of working people across the UK. One of the most important pieces of legislation to emerge since is the Health and Safety at Work Act 1974, which has helped safeguard millions of workers across a wide variety of industries and sectors. However, as with many laws navigating health and safety legislation can often be a minefield of confusing acronyms and vague phrases. As a result, it can be difficult to know exactly what your role and responsibilities as an employer/employee really are.

To help you navigate the health and safety legal lingo, we put together a quick and easy summary to help you understand what the Act is, why it’s so important and how it affects you.

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What is The Health and Safety at Work Act 1974

The Health and Safety at Work Act 1974 (alternately referred to as the HSWA, HASAWA or HSW Act, case in point) is a piece of health and safety legislation that governs health and safety in the workplace. It also defines the responsibilities of employers and employees, as well as the measures that can be taken by authorities to make sure the act is enforced.

The introduction of the Act was pivotal for a number of reasons. Where previous legislation had mainly focused on particular industries and environments, the HSWA was the first piece of workplace health and safety legislation for all industries to abide by on a national scale. As a result, it covers a wide variety of sectors, from nuclear energy and construction to office and retail spaces. It was also the first of its kind to clearly outline the responsibilities that employees and employers have to ensure workplace health and safety.

One of the key elements of the HSWA is its adaptability. The Act has been amended repeatedly over the course of its history to reflect the changing nature of industries and sectors across the country. These changes to legislation, known as statutory instruments, make sure that emerging health and safety concerns are addressed. Examples of statutory instruments include the Personal Protective Equipment (PPE) at Work Regulations 1992, the Management of Health and Safety at Work Regulations 1999, and the Control of Substances Hazardous to Health Regulations 2002 (COSHH).

Ultimately, the main goal of the Act is to ensure that health and safety measures are preventative rather than curative, encouraging organisations to develop a culture of awareness and accountability.

The Health and Safety Executive

The introduction of the Health and Safety at Work Act 1974 led to the creation of the Health and Safety Executive (HSE), an independent, non-governmental body that regulates health and safety in the UK. The Act gives the Hleath and Safety Executive authority to conduct research in health and safety, pursue concerns regarding dangerous or hazardous working conditions and investigate significant industrial incidents. In serious cases inspectors can shut down operations indefinitely and bring criminal charges against offenders.

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Who does it apply to?

One of the most important functions of the Act is that it applies to all industries, meaning that workers from a wide variety of work environments fall under its jurisdiction. The Act applies to employers, such as managers, directors, employees, self-employed or contracted workers whether they are full-time or part-time workers. It also provides guidelines concerning the safety of non-workers such as guests, clients and the general public in instances where workplaces can overlap with public spaces.  

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The Health and Safety At Work Act Summary  

The Health and Safety at Work Act 1974  is made up of four key sections (known as Parts) which are subsequently broken down into detailed sections. The roles and responsibilities or employers and employees can be found in Part I – Health, Safety and Welfare in Connection with Work, and Control of Dangerous Substances and Certain Emissions into the Atmosphere. It sounds like a lot, but we’ve broken down and summarized the  key sections you should know:

• Sections 2-9 outline the general duties, roles and responsibilities of employees, self-employed, individuals, employers and manufacturers to ensure reasonable health and safety practices are maintained in the workplace.

• Sections 10-14 outline the function of the Health and Safety Executive and its powers to conduct investigations and inquiries.

• Sections 15-17 establish the codes of practice that the Health and Safety Executive must abide by in order to conduct investigations and inquiries.

• Sections 18-26 detail enforcement guidelines, including relevant bodies of authority and the powers given to health and safety inspectors.

• Sections 27-28 outline the procedures Health and Safety Executive and Enforcing Authorities must follow to request and obtain information.

• Sections 33-42 concern offences, specifically what constitutes an offence, collection of evidence and prosecution procedures.   

In other words, Part I covers the who, what, why, and how of health and safety legislation. However ‘general duties’ is quite a vague term, especially when you want to know exactly what your role in maintaining health and safety should be. Don’t worry, we’ve broken it down even further with a summary detailing the responsibilities employers and employees have concerning health and safety in the workplace.

The Health and Safety at Work Act Employer Responsibilities

One of the most important aspects of the Health & Safety at Work Act are Sections 2-6, which outline the responsibilities of employers, self-employed persons and manufacturers to provide and maintain a safe work environment. In short, employers are expected to:

• Develop a written general policy regarding health and safety in the workplace and to update the policy with changes in legislation. 
• Provide detailed information and instruction to employees regarding all duties in relation to their health and safety in the workplace.
• Ensure the health and safety of all employees, visitors and the public in instances where the workplace shares accessible space.
• Make sure that the workplace is effectively maintained and that access and egress into the work area is safe and without risk.
• Consult with appropriate trade unions and industry authorities on health and safety matters.
• Must provide Personal Protective Equipment (PPE) where it is required.

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The Health and Safety at Work Act Employee Responsibilities 

With the nature of workplaces constantly changing year on year, employees should always be aware of their responsibilities in order to be compliant with health and safety regulations. As a result, Sections 7-9 of the act are dedicated to establishing the duties and responsibilities of employees in the workplace. Employees are expected to:

• Take reasonable consideration for the health and safety of themselves and others who may be affected by their actions in the workplace.

• Cooperate with the employer to make sure that all requirements and duties regarding health and safety are understood clearly and followed effectively.
• Refrain from intentionally neglecting or undermining health and safety protocols that have been put in place by the employer.

In short, employees must do everything that is reasonably asked by their employer to ensure health and safety measures are followed.

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The future of the Health and Safety at Work Act 1974

Undoubtedly the workplace of today exists in a state of constant change. With the rise of the digital revolution, organisations have begun to outsource work to freelancers and digital nomads, slowly moving away from the traditional workplace structure as a result. Additionally, many positions held by workers who interact with dangerous pieces of machine or chemicals have given way to automation, reducing the need for worker oversight. While the future of the contemporary workspace might be uncertain, The Health & Safety at Work Act 1974 continues to serve to help protect millions of workers in the UK from risk.

This article is purely for informational purposes and does not constitute legal advice. For more information regarding the HSWA in the UK visit:http://www.hse.gov.uk/

A British retailer fined £337k after customer falls through a trapdoor

A 64-year-old woman was browsing birthday cards when she fell three metres through an open trapdoor into the store’s basement. A nearby shop employee tried to grab the woman as she was falling, but did not manage to stop her. This resulted in multiple injuries that required three operations to reconstruct her heel.

Councillor Patrick Berry, said: ‘A customer suffered serious injuries as a result of failings in safety procedures at the Taunton store. One of our top priorities is the wellbeing of people in our borough, so I hope the size of this fine serves as a warning to all businesses, that the health and safety of all who use their premises – be they customers, employees or other visitors – is paramount.’

Since the accident, the store management has locked the trapdoor. Access to the door is now only permitted upon completion of a risk assessment. At the Taunton Crown Court, the British retailer pleaded guilty and was fined £168,750 and ordered to pay £135,492 in costs for the two breaches of Health & Safety laws.

To read the full story click here

Council fined £300k after the death of a teenager

A 15-year-old boy was crossing the road to get on the bus home when the school minibus hit him. The boy was pronounced dead at the scene of the crash. The Health and Safety executive conducted an investigation into the school’s traffic arrangements and found pupils were exposed to traffic moving in both directions. This was because there wasn’t enough laybys for all the school busses during hometime, so the busses were parking on the opposite side of the road. The students then had to cross the road dodging moving vehicles in order to get on the bus.

This issue had been identified previously, but nothing was done by the Council to enlarge the laybys so the pupils could safely get on the bus from the pavement. This resulted in the HSE taking action against the Council. The Council pleaded guilty to breaching the Health and Safety at Work Act and has been fined £300k and ordered to pay costs of £29k. The police also investigated the tragic accident but no charges were brought against the driver who hit the boy.

HSE inspector Helen Turner said: ‘We believe the boy’s death could have been prevented, and a series of missed opportunities meant this incident was waiting to happen. Although there had been previous near misses at the school, there was no system for these to be reported and discussed. There are some clear lessons to be learned, particularly for other modern school sites.’

To read the full story click here

Northwich-based contractor fined £90k after labourers exposed to asbestos

A Northwich-based contractor failed to carry out an asbestos risk assessment prior to beginning refurbishment on a business centre. The contractor failed to do this even after the HSE surveyed the premises and provided recommendations. The work included sweeping and vacuuming the area which resulted in workers being exposed to asbestos.

According to the Health and Safety investigation, it found that the workers spoke very little English and had little knowledge about asbestos because asbestos training was not given to them.

The contractor was found guilty of breaching asbestos regulations and was fined £90k and ordered to pay £7k in costs. Health and Safety inspector Kasia Urbaniak said: ‘The dangers associated with asbestos, including licensed asbestos, are well-known and a wealth of advice and guidance is freely available from the HSE website. Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.’

Data breach: airport fined for lost USB memory stick

An airport was fined £120,000 after an employee lost a USB memory stick containing sensitive personal information. A member of the public found the memory stick on the street and viewed the files on a library computer. The contents on the USB included the times guards were scheduled to patrol for terrorist attacks and routes and security details for high-officials using the airport, one of them being the Queen.
The person who found the USB gave it to a national newspaper, which copied the contents of the stick before it was returned to the airport.
According to Steve Eckersley, ICO director of investigations: ‘Data protection should have been high on airport’s agenda. But our investigation found a catalogue of shortcomings in corporate standards, training and vision that indicated otherwise.’

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Council fined £25k for sex discrimination

A former council worker was paid £25k in a sex discrimination case. During her five year employment at the council, she said she was denied overtime and training that was only offered to her male colleagues. She claimed she was ordered to clean the kitchen and the toilets, because the toilets ‘needed a woman’s touch’. She complained internally according to the council’s grievance policies and procedures, but the council responded with abusive and rude language. According to her, she always felt as if she had to prove herself more than her male colleagues. This had a huge affect on her self-worth and made her feel inferior to other men at work.

Michael Wardlow, chief commissioner of the Equality Commission, said that asking to clean the toilets because they needed a ‘woman’s touch’ was a ‘direct and inappropriate reference to her gender. Employers must make sure, not only that they have such policies in place, but that all their staff are fully aware of the importance the employer places on implementing them’.

Spokesperson of the council said: ‘the council is committed to promoting equality of opportunity for all employees and further embedding these principles within the organisation, through an ongoing programme of training and development’.

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Two dead at the poultry factory after suspected gas leak

Police were called to a poultry factory after two subcontractors were found dead from a suspected gas leak. Two ambulances, a rapid response vehicle and three hazardous area teams were rushed to the factory, but they were unable to save the two workers. The initial assessment of the accident indicated that the gas leak was caused by a refrigerator close to where the subcontractors were working. The Health and Safety Executive launched an investigation into the deaths to find the exact reason, and determined the gas leak would not cause a greater threat to the public.

Banham Poultry said: ‘We are deeply saddened and send our deepest condolences to their family and friends. We are working closely with the police and health and safety authorities to determine what happened, and are also conducting our own internal investigation.’

The factory is now for sale which could cause hundreds of jobs to be lost.

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£500k fine following the death of an employee

A group of employees at a hot metal forging company were working on a task hammering pieces of hard alloy. One of the workers was working on a small but hard piece of metal. Because of the size of the metal, he had to kneel close to the hammer. A piece of alloy got misaligned and ejected towards him with force. It hit the employee in the chest causing fatal injuries.

An investigation found the company had breached the Health & Safety at Work Act 1974 because they failed to assess the dangers involved in the task and failed to provide the team with the proper equipment. The company and was fined £500,000 and ordered to pay £23,756.47 in costs.

Health and safety inspector Carol Downes commented: ‘This tragic incident could easily have been prevented if the employer had acted to identify and manage the risks involved, put a safe system of work in place, and to ensure that the job was allocated to the appropriate equipment. Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.’

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Worker dies after falling into a tank of oil

A worker at a biofuel company died early Wednesday. The incident happened when two workers were emptying oil and grease from a semi-truck into a tank. One of the workers slipped on a grate and fell into the tank. His colleague did all he could to pull him out. Unfortunately they were both swamped by the fumes and the worker sunk to the bottom of the tank. The fire department later pulled the man’s body from the tank.

The company’s spokesperson said: ‘This was a tragic accident. We’re all deeply saddened by the loss of this coworker. We are in shock and grief, and figuring out what happened.’
The incident has been identified as a tragic accident.

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Employees’ foot crushed by a 800 kg lift

An employee of a leading logistics integration company was working at an online shopping distribution centre. He was replacing sensors on an automated storage retrieval systems lift. He was standing on the frame of the truck when suddenly the 800 kg lift fell on his foot trapping him between the lift and the frame. His fellow employees had turned on the emergency stop, but they did not cut the power to the control panel. This resulted in two of his toes being amputated to the knuckle. The logistics company pleaded guilty to two charges for not assessing the risks involved with the equipment. They were in breach of the Health and Safety at Work Act and the Management of Health and Safety at Work Regulations 1999. The business was fined £12,000 for each offence and payed £8,705 in costs.

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Supermarket legally responsible for employee data leak

Morrisons was found responsible for leaking thousands of employees’ data. The data was posted online by former senior internal auditor, Andrew Skelton. He posted information such as names, addresses, bank accounts and salaries, and risked Morrisons’ current employees to identity theft and financial loss.

The reason for stealing the employee data may have been a grudge over an incident when he was blamed for dealing legal highs at the workplace.

Skelton was found guilty and jailed for eight years. The company was responsible for breaches of privacy, confidence and data protection laws.

It has already cost Morrisons more than £2m for responding to the misuse of employee data.

 

Two companies sentenced after worker falls from height

Principal contractors Jeff Payne and Brewsters (Poole) Ltd have been fined after 32-year old self-employed builder, Jamie Butler, fell from height while at work.

Butler was working on a project with unsecured scaffolding. This resulted in a 2 metre fall causing a broken wrist and collarbone along with injuries to the head and lower back which required an operation. Both companies pleaded guilty.

Jeff Payne was issued with a 60-hour community service order and to pay costs of £1,125.

Brewsters was fined £2,700 and ordered to pay costs of £1,125. HSE inspector Nicole Buchanan said: ‘This incident could so easily have been avoided by simply carrying out correct control measures and safe working practices’.

 

Employee wins unfair dismissal court case

A Sainsbury’s employee, Kurmajic, was wrongly dismissed because of his comment on a Facebook post. Kurmajic’s colleague had posted photos of a driver’s car stuck on a ramp.

When Kurmajic saw the picture, he posted the name, age and car registration number of the driver in an attempt to question the driver’s capability to drive. During the suspension hearing with the store manager, Kurmajic claimed he would not do it again. However notes from the hearing suggested he would post again if given the chance. He was dismissed following the hearing.

The store manager claimed Kurmajic hurt the company’s reputation. Kurmajic appealed internally insisting that he did not breach the social media policy. The policy referred to ‘customers’ but it was unclear whether the driver was a customer or not. He also claimed that he should have received training regarding the company’s policies.

The judge ruled that the store manager was careless and not familiar with the contents of the policy himself. He should have considered an alternative other than dismissal as there was no proof of damage to the brand.

Health and Safety can be seen as an onerous task. There are forms to fill in and boxes to tick. Companies who view it in this way are failing on multiple counts. Not only should a responsible employer see it as part of their duty of care to provide a safe and healthy working environment, there is also a legal requirement to do so. We look at some areas that might get overlooked and point to the positives of risk assessing employees effectively.

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Why is risk assessing employees important?

Aside from the legal responsibilities, health and safety compliance in the workplace is essential for any successful business, supporting growth, protecting people and enabling innovation. Without it, productivity falls. The statistics are sobering. For example, in the UK, over 11 million days a year are lost to work-related stress, with an estimated economic impact of £5 billion. Musculoskeletal disorders account for over a third of all working days lost due to ill health. This isn’t just from manual handling, awkward or tiring positions whilst at the computer or driving, together with repetitive keyboard work, contribute to this total.¹

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What specific areas should I be looking at when risk assessing employees?

As well as the areas of your workplace that might be considered as high-risk for health and safety, there are also a number of people-based aspects that you need to consider. Common activities include: employees driving for work-related purposes (outside of the daily commute); lone working and home working; employees travelling overseas on business; pregnant and returning mothers; staff members with special needs; employees who are new to their job, and those using display screen equipment. In all these cases, you should be confident that you have taken a ‘Plan, Do, Check, Act’ approach:²

• Plan: set out how you are going to assess and manage risks
• Do: Prioritise risks, and train your staff to manage them
• Check: Track your progress
• Act: Review your performance, and make the required changes

What should I do next?

Our advice is to find a system that will give you the peace of mind that your organisation is doing all it can to ensure a safe and healthy working environment. This means using a system that will:

• Help you distribute your health and safety policies and ensure they are read and understood
• Allow you to focus your training on areas that present the greatest risk to your business
• Measure how well you are doing, in terms of sharing information, training your staff, assessing and managing risks, and
• Evaluate your performance and make improvements where they’re needed.

The “Assess” module in WorkWize from VinciWorks is designed to help organisations with risk assessing employees effectively. The system will enable you to quickly carry out assessments on large numbers of people. At its heart, WorkWize is a compliance-focused learning management system. It allows the EHS Manager to roll out policies and training to the right groups and see on a dashboard where the non-compliance issues arise.

With the addition of the Assess Module, People based Risk Assessments can also be distributed. The Risk Management process is streamlined for activities like those listed above. The system sends automated email reminders for risk assessment questionnaires, provides configurable advice to enable employees to self-resolve the majority of low-level risks and prioritises risks according to a traffic light system.

Risk data is displayed on a simple reporting dashboard. Now that could move your risk assessment away from mere compliance to adding real value.

WorkWize can be used in tandem with a traditional EHS system like those provided by SHE Software or linked to an HR or Payroll system to create a fully closed-loop compliance system. Linking to core systems means users are set up automatically, the need to re-key user data is eliminated and Training, Policies and Risk Assessments are allocated automatically based on their job role. Risk assessing employees effectively just got easier…

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