New and changing legislation
The Control of Artificial Optical Radiation at Work Regulations 2010 took effect on 27 April 2010. They cover any employer who carries out work that could expose employees to levels of artificial optical radiation that could create a reasonably foreseeable risk. The most common type of optical radiation in the workplace involves lasers (laser = light amplification by stimulated emission of radiation). The risks are those to the eyes or skin. Where no measures are in place to reduce risk to an acceptable level, the employer must make a suitable and sufficient assessment of risk and decide what extra steps are needed. Any risk of adverse effects to the eyes or skin identified by the assessment must be eliminated or reduced to as low a level as is reasonably practicable.
Changes planned in October 2010 Depending on any changes to the legislative philosophy brought about by the General Election, there are relatively few planned changes to health and safety regulations for the remainder of the year. These include an amendment to the Docks Regulations 1988, regulations on pipelines safety, a change to the Health and Safety at Work etc Act 1974 that will extend the general purposes in the Act to protecting against risks to animal health arising from work with animal pathogens, and an amalgamation of the laws on the contained use of biological agents and genetically modified organisms.
Tower Cranes The Notification of Conventional Tower Cranes Regulations 2010 (the 'Regulations') came into force on 6 April 2010. The Regulations require certain information about conventional tower cranes used on construction sites to be notified to the Health and Safety Executive.
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HSE have published a new book that replaces and expands upon the previous guidance on asbestos surveying and sampling. Formerly the guidance was contained within MDHS100 but now the information is in HSG264 “Asbestos: The Survey Guide”. It is aimed at those who have responsibilities for managing asbestos in non-domestic premises under the Control of Asbestos Regulations 2006, and people carrying out surveys. In addition to guidance on survey planning, sampling, and use of information, the terminology has changed. There are now just management surveys and refurbishment/demolition surveys, consigning the old type 1, 2 or 3 surveys to history. Copies of HSG264 can be purchased from HSE Books (tel: 01787 881165) or other booksellers at £10.95. Alternatively the 56-page publication can be downloaded free from http:/books.hse.gov.uk
New British Standards Institution catalogue The British Standards Institution (BSI) has published the 2010 catalogue of standards. Referred to as “the ultimate standards collection”, it is available to members in compact disk format. Information about standards can also be accessed on line at http://shop.bsigroup.com.
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Sentencing Council gives guidelines on manslaughter fines Under guidelines which came into effect in mid-February, the Sentencing Guidelines Council (SGC) have indicated that organisations convicted of corporate manslaughter should normally face minimum fines of £500,000, and not less than £100,000 for other safety offences where a fatality has resulted. In determining the size of the penalty, courts shouldn’t consider the impact on shareholders and directors but must look at the effect on employees and the provision of services to the general public. Other factors to consider are how high up the management structure an offence was committed, the financial circumstances of the organisation, and whether the forcibility of serious injury.
Gardeners and Legionella Three cases of Legionnaires’ disease are reported to have occurred between 2008 and 2009 in Scotland, with the victims inhaling the bacteria through tiny droplets of water released from compost bags. These are the first cases linked to gardening in the UK although the disease has previously been associated with gardening or potting mixes in Holland, Japan, Switzerland, New Zealand and the United States. Longbeachaeis the strain of legionella bacteria most commonly connected with growing mediums. The Growing Media Association says "It should be noted that no causal link has been irrefutably established” but also that they are “working with Trading Standards to formulate some common sense advice to be printed on bags."
Sick notes replaced by statements of fitness for work From April 2010, the fit note replaced the sick note. This requires the doctor to stipulate that a person is not fit for work at all for a given period, or to comment on the circumstances in which an employee may be able to carry on working. Continuing to work might involve adjustments to work tasks eg “light duties”, or flexible hours to avoid time spent in traffic, or advice on changes in the workplace situation such as avoiding climbing stairs or heavy manual tasks. If a doctor advises a change to work that the employer cannot facilitate, eg there are no “light duties” where these have been recommended, the employee is treated as if he or she had been signed off work in the first place. The new fit note system does not affect the previous Statutory Sick Pay (SSP) system.
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Ashtead Plant Hire Co Ltd were fined £200,000 after a 55-year-old employee fell from the roof of a portable accommodation unit he was involved in stacking. Maidstone Crown Court also levied costs of £15,698. The worker, who had been employed for around ten weeks, had climbed up to attach lifting chains when he fell around five metres to the ground and died at the scene. Despite a company procedure that called for use of a safety harness, no harness had been supplied and no training in the safety system of work had been given. Managers failed to implement their own procedures, which would have ensured that only trained and properly equipped workers undertook the task.
Regulations cover falls from any height Breaching the Work at Height Regulations 2005 cost a Welsh company around £3,000 after an employee at a bakery fell from a distance below head-height. Llanelli Magistrates' Court heard that Tregroes Waffle Bakery Ltd had allowed a worker to stand on a structural girder so she could reach up and clean the side of a flour hopper in the factory in Llandysul. The fractured rib, bruising and cut leg could have been much worse if she had not landed on a bulk container directly below, as the drop to the ground would have been twice as far.
Housing Association responsible for guard's death Hamilton Sheriff Court heard that a security guard died after he was overcome by fumes from a petrol-fuelled generator that he was using inside the site office of premises run by Clyde Valley Housing Association. The generator produced poisonous carbon monoxide fumes at the construction site in Hamilton. The Motherwell-based housing association has been fined £70,000 after admitting responsibility for the incident.
Reversing Royal Mail vehicle kills postal worker Failure to carry out a suitable and sufficient assessment of the risks to workers in a distribution centre was cited as the reason for an employee at Royal Mail’s Heathrow depot being crushed to death. Shunter Colin Smith was removing a lock from a trailer when the driver reversed his tractor unit to line up with a trailer. The driver was unaware of Smith’s presence and was cleared of responsibility. After costs and fines of over £132,000 were handed down at Reading Crown Court for the offence, an HSE Inspector pointed out that the tragic accident could have been easily prevented if Royal Mail had exercised proper control over vehicle activities. In 2008/09, 25 people were killed at work as a result of being hit by vehicles.
Fined for smoking in vehicles Taxi driver Mr Dalgleish was fined £200 by Carlisle Magistrates’ Court for smoking in his cab and failing to respond to the initial penalty notice that he was sent. He also has to pay £75 costs, and a £15 victim surcharge even though he was alone at the time. The financial consequence may be greater as there is a possibility that he will have his licence suspended by Carlisle City Council. There are other examples of drivers being fined for breaches of the Smoke-free (Premises and Enforcement) Regulations 2007. Magistrates in Llandudno fined lorry driver Len King £75 with £95 costs and a £15 victim surcharge for smoking in his cab. He had already paid a £75 penalty for littering when he flicked his cigarette butt from the window, but ignored the one for smoking illegally. A Conwy Council dog warden saw the offence reported it to his employers, who traced the vehicle and launched the prosecution. Mr King did not attend court but entered a guilty plea in writing.
Care home ignored legionella warning During a routine visit enforcement offices found that Beech House Nursing Home in Wythenshawe, Manchester, had not taken steps to control legionella. Despite receiving an Improvement Notice, management took no action. The owners, SJ Care Homes Ltd, were subsequently fined £5,000 at Trafford Magistrates' Court with £3,000 costs for failing to comply with the notice.
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New company joins PHSC Group Established in 1990, QLM provides a wide range of services , principally to the sport and leisure management sector. QLM have been industry leaders in developing standards in partnership with professional bodies such as the Institute of Sport and Recreational Management, and offer a number of assessment verification services. A particular strength is the QLM Leisuresafe brand that provides certification and accreditation within the sport, leisure and hospitality industries.
PHSC takes its corporate social responsibilities seriously and has supported people in the community in different ways over many years. Several of the initiatives can be seen at http://www.phscplc.co.uk/phsc-plc-social.html One recent request was from Young People Littleport (YPL). Based in Cambridgeshire, YPL started out as a youth centre in a derelict building but has now evolved into a community centre. Their aims are to assist and develop people regardless of age and disabilities. This is achieved by providing informal educational opportunities and leisure activities to develop mental, physical, social and spiritual needs. YPL had acquired some remote controlled racing cars and needed sand-filled firehose to form the safety barrier for the track. The original source of funding for the firehose couldn’t deliver, so YPL had to try and raise funding elsewhere. PHSC agreed to match the monies already collected, enabling the safety barrier to be obtained. The charity’s web page is www.yplittleport.org.uk
Staff profile Kae was taken on under an apprenticeship scheme at RSA Environmental Health's Midlands offices. She says "At RSA, I have been given the great opportunity to learn whilst at work and gain a recognised qualification. I am gaining valuable skills which helps me to broaden my knowledge base and give me experience in the career I wish to pursue. I am assessed on the work I do in the office and have the chance to progress to an advanced apprenticeship, gaining higher qualifications in business administration at work.
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Reaching down to try and retrieve the device, the man’s arm activated the automatic suction system on the on-board toilet, and became jammed. Witnesses reported that the train was stopped for two hours while the emergency services attended the scene. Unable to free the man, fire crews cut through the pipe work and carted him off to hospital on a stretcher with the toilet still attached to his arm.
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Optical Radiation 
Revised guidance on Asbestos 
Plant Hire company fined after fatal fall 
PHSC plc recently announced that it had completed the acquisition of Quality Leisure Management Ltd (QLM).
Mobile phone hazards
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