Health and safety industry news

New and changing legislation

Control of Noise at Work Regulations 2005 extended
When these regulations first took effect, there was delayed implementation for the music and entertainment sector. The transitional period ends on 6 April 2008. It is expected that guidance will be published prior to that date to enable the sector to comply.

Corporate Manslaughter and Corporate Homicide Act 2007
A reminder that, as mentioned in the last edition of PHSC News, the new Act will become effective on 6 April 2008. The Act provides for a new offence where an employee or member of the public is killed as a result of an organisation’s gross negligence.

Possible reform of safety laws on the cards
The Chancellor of the Exchequer, Alistair Darling, has announced that he is to conduct a review intended to result in only “sensible, and easy to understand” health and safety requirements being placed on businesses. This will be actioned by the Department of Business, Enterprise and Regulatory Reform. Once the initial submissions have been considered, the intention is to hold a series of national discussions to agree a way forward.

In the courts

Care home death leads to warning
The Health and Safety Executive are warning residential care homes across the country that they must comply with official guidance to ensure the safety of residents. This follows a case at Worthing Magistrates’ Court where two owners of a care home were each fined £16,000 plus total costs of £22,600 after admitting that their actions led to the death of 86-year-old Bettina East. Care assistants did not follow temperature checking procedures, and lowered the lady into a bath of scalding water – she died a few days later.

Lack of risk assessment gives no right to sue for damages
A Court of Appeal decision published last month has clarified the law in respect of an absent manual handling risk assessment and a subsequent injury. Back in late 2006, Raymond Parr had been told by Southampton County Court that he was allowed to claim damages when he was injured during a handling task, on the basis that the employer had not carried out a suitable and sufficient risk assessment. Such an assessment is required under the Manual Handling Operations Regulations 1992. His employer, Gravatom Engineering Systems Limited, appealed the decision because they felt that they had enough control measures already in place and the absence of the assessment did not contribute to the circumstance of the accident. However, the employer’s appeal was dismissed because there was no evidence to show that they had taken appropriate steps to reduce the risk of injury to the lowest level reasonably practicable. Failure to reduce the risk was the reason Mr Parr’s claim would succeed, not the failure to make an assessment.

Retailer fined for breaching asbestos laws
The Outdoor Group, owners of retailer Blacks, have been fined £150,000 for failure to protect employees and the public from possible exposure to asbestos fibres.

Kensington and Chelsea Council, who took the prosecution, explained that asbestos fibres were found in the basement store at the shop in Kensington High Street as long ago as May 2005. The company had failed to implement the findings of an asbestos survey, most likely for financial reasons according to the Judge. Stock contaminated with asbestos fibres had subsequently been taken from the room and moved to the shop.

Hotel chain fined for slip hazards
Travelodge suffered fines and costs totalling £70,000 at Cambridge Crown Court after failing to report two incidents when people fell over in bathrooms. One resulted in a guest being taken to hospital, yet for two years the hotel chain did not take suitable action to reduce the risks.

University compensates injured security guard
Security supervisor Ged Darlington had his collarbone broken by a suspected thief that he was trying to detain. When he saw someone trying to break into cash boxes at the student laundry, he gave chase and a struggle ensued. Manchester University paid him £13,000 as an out-of-court settlement after representations from the union Unison. Darlington had been encouraged to apprehend offenders, but had not had suitable training.

Micro-sleep causing crash was employer’s fault
Where an employer knowingly permits or causes a member of staff to work long hours and drive in the course of employment, the employer must take some responsibility for the consequences.

This was the finding by the Court of Appeal after Mr Eyres, a kitchen fitter for Atkinsons Kitchens and Bedrooms Limited, crashed his van after apparently falling briefly asleep after 19 hours of staying awake. The original judgment had been in favour of the employer, but Eyres’ appeal had succeeded because on the balance of probability the claimant was able to show he must have fallen asleep and his employer should have realised there was a risk of that.

The employer was held to be 67% to blame, but Eyres was partly responsible as he should have realised he was taking a chance by driving when tired.

First casualty of smoking ban
A pub landlord who set up a political party called Fight Against Government Suppression has lost his licence to serve alcohol in one of his bars after permitting smokers to carry on regardless. He was also fined £500. Blackpool Council, who brought the action, also found that he breached rules concerning the supply of drinks to under-age persons, and failed to keep adequate health and safety records.

Industry news

The show must go on...
When London’s Royal Marsden hospital caught fire, the 900 staff and patients were safely evacuated in accordance with laid down rules. However, surgeon Fiona MacNeill and her team of eight remained in the building for a further 20 minutes to complete an operation. Ms MacNeill said she knew there was a serious fire somewhere in the building, but on balance she decided that the interests of the patient were best served by continuing the procedure. Fortunately she had the benefit of emergency situation training and was able to balance the respective risks of staying and leaving.

New and changing publications

Wiring Regulations to be updated
BS 7671, also known as the IEE Wiring Regulations 16th Edition, is being replaced by the 2008 version on 1 July. Known as the IET Wiring Regulations 17th Edition, BS 7671:2008 will apply to all installations designed after 30 June. The change from IEE to IET is simply because the responsible organisation is now known as the Institution of Engineering Technology.

As regards the standards, various changes have been made to the previous version, including new regulations for fixed lighting installations, outdoor lighting, lighting for display stands, protection against thermal effects and protection against voltage fluctuations. There are major revisions to chapter 41, protection against electric shock. Clients should bear in mind that British Standards are not the law, and the word “regulation” in the context of this standard is intended to mean the regulation of electrical contractors’ activities. However, compliance with a standard is normally accepted as a demonstration of meeting one’s legal obligations. The new document is available in printed version only, at a cost of £65, from BSI Sales (tel: 020 8996 9001).

New guidance on dealing with stress
A new management standard aimed mainly at organisations with 50 or more employees has been published by HSE Books. It will also be useful for smaller organisations, and in fact any managers or staff who are responsible for managing the potential causes of stress at work. Following the Health and Safety Executive’s standards will help to reduce the impact of stress on organisations.

When not managed adequately, stress-related issues can cause human error, reduced productivity, and increased absence.

The book, reference HSG218, is called “Managing the Causes of Work-Related Stress” and is available from HSE Books (tel: 01787 881165) at a cost of £10.95. An accompanying CD contains extra guidance and some useful tools to help organisations on the way towards implementing the management standards.

And finally...

She didn’t see it coming
Margaret Padwick returned to her Poole, Dorset, home to find the place full of smoke. It appears that the astrology enthusiast had left a crystal ball on a window ledge and winter sunlight was reflected onto her curtains causing them to ignite.

Dave Cooper from Dorset Fire Brigade explained that the low, strong, sun had created ideal conditions for this phenomenon to arise.

Safety lecture goes wrong

A Thames Valley police officer was lecturing on gun safety when he accidentally shot a civilian worker in the stomach. Keith Tilbury was rushed to hospital and had treatment for injuries to the abdomen.

The Independent Police Complaints Commission is considering whether any health and safety legislation was broken during the health and safety lecture...