Health and Safety News

The hearing in a fatal accident case, which claimed the life of an employee in 2004 drew to a close recently, turning the spotlight on the importance of proper equipment maintenance at workplaces. Following the judgement, the HSE has reiterated the need for regular and comprehensive equipment maintenance by employers.

The accident occurred when an 1100 litre recycling bin came loose from the bin hoist on the recycling lorry and fell onto the employee standing below. The garbage collector, David Ives, was killed from the head injuries he sustained. He was collecting refuse from a bin located outside Easington pub, near Aylesbury.

The employer, Veolia ES (UK) Ltd, which was earlier known as Onyx UK Ltd was charged with violations of two sections- 2(1) and 3(1) of the Health and Safety at Work etc. Act 1974. A fine of £130,000 and costs of £220,000 were imposed on the company by the Aylesbury Crown Court where the hearing was conducted.

Speaking about the accident, HSE Inspector, Dennis MacWilliam stated that this tragedy could have been averted if the employer had taken care to ensure that the equipment used at work was safe for use and in good condition. Simple maintenance and testing procedures could have saved the victim’s life, he said. MacWilliam also emphasized the fact that the law requires employers to take all necessary safety precautions to ensure employees are not put at risk.

Richard Berry, ED Veolia ES UK Ltd, expressed his sympathies to the family of the deceased employee and said that accidents at workplace must be averted at all costs. He insisted that safety has always been a priority at Veolia with all possible precautions being taken every time. However, the jury felt that these were not up to mark to prevent the accident which claimed Ives’s life, he said.

The authorities of the Scottish Railway were in for a shock recently when two workers succumbed to the injuries sustained due to a fall from a height. These workers were engaged in painting and blasting work on rail bridges when this tragic incident happened.

One accident was on the Forth Bridge where painter Robert McDonald fell from a ladder from a height of 150ft. The other accident occurred on the Tay Bridge and claimed the life of blasting team member David Rodger who fell from a height on to a ledge.

The twin accidents at construction sites have forced the regional secretary of UCATT to come forward and urge employers in construction business not to be complacent about worker safety. In spite of many such mishaps occurring with disturbing frequency, the danger quotient of construction sites is still very high with not much being done to improve and enforce safety norms.

Meanwhile, David Simpson route director of Network Rail Scotland has expressed his concern and grief at the accident. He also emphasised that the occurrence of such accidents has substantially decreased in the last decade. The reason for this, according to him, is better and more stringent implementation of the necessary safety measures.

Ian Prosser, who is responsible for Railway Safety in the Office of Rail Regulation (ORR) has guaranteed full investigation to identify the causes and assured that corrective action would be taken wherever needed. Investigation on the Forth bridge accident has started immediately while that for the accident at Tay Bridge is to start soon, pending some details, he clarified.

The new mission of the Government is to reduce the number of smokers to one in every ten people from the current one in five by 2020. It is considering various strategies to achieve this goal.

The smoke-free rules were enacted three years back and they categorised many places and vehicles as smoke-free areas. In these areas, if a no smoking sign is not displayed then a fine to the extent of £1,000 or a fixed penalty notice worth £200 could be levied on the violator.

Those who smoke in such areas have to pay either £50 for a fixed penalty notice or up to £200 as a fine if caught. Moreover, if smoking is not prevented in these places then a fine to the extent of £2,500 can be imposed.

According to the Government’s new initiative called ‘A Smokefree future’, there have been very few violations of the no smoking law and the public has co-operated in making the law a success. The government is now reviewing the law to further assess its effectiveness and the potential areas for improvement and expansion of the law.

Some of the measures that the government is contemplating include making jails and entrances to buildings, including office buildings, smoke free areas. Andy Burnham, Health Secretary said that he is confident that the government will be able to achieve its goal of reducing the number of smokers to ten percent of the total population and slowly eliminating all the health issues that can be caused by smoking.

Extending the debate on making directors more directly responsible for the welfare of their employees, a labour MP has mooted a new bill which aims to give precise guidelines on what these responsibilities are. This new bill is hoped to make a visible difference where the previous ones failed.

Aberdeen North MP, Frank Doran, has said that the code of practice which was brought into force by the Health and Safety Executive (HSE) in 2001 was very well received by companies across the UK; however, when it came to implementing the guidelines recommended for employee safety there were very few companies which actually did so.

More recently, in 2008, the Corporate Manslaughter and Corporate Homicide Act 2007, was brought into the legal framework. This too did not completely have the desired effect and failed to address all the problems in this issue. The Act clearly stated that failure to ensure safety and health of employees was unacceptable under the law, but failed to outline specific duties for directors to implement. In effect the changes that are required to be brought about in the very corporate fabric of organisations across the UK are still lacking.

In order to bring in more effective guidelines and ensure that directors comprehend and fulfil their duties with respect to employee safety and health, the new Bill needs to be stringently implemented, MP Doran explained. Health and Safety Executive (HSE) reports have shown that legally binding regulations are far more effective when compared to voluntary guidelines.

The Health and Safety (Company Director’s Liability) Bill will bring directors on the same platform as all other employees where safety responsibility is concerned. The bill which is due for a second reading in April is being supported in full by health and safety campaigners, trade unions, personal injury lawyers, the TUC and victims’ advocates.

A civilian police worker with the Thames Valley Police has received six-figure compensation from his employer.

An accident which occurred in May 2007 left him with life-threatening injuries. Following the incident, he is yet to resume his duties.

The victim, Keith Tilbury, from Walton on Thames, was employed as a 999 control room operator. He was attending a demonstration on weapons safety when the mishap occurred.

PC David Micklethwaite, a firearms trainer, was demonstrating the working of a Dan Wesson .44 Magnum revolver. The trainer was demonstrating the use of weapons that may be encountered by police workers in the course of their work. During the demo he loaded the gun with what he believed were blank rounds from a sweet tin where such ammunition was usually stored. However, the rounds that he loaded were found to be live and when he pulled the trigger after pointing the firearm at Tilbury, the shot severely injured the worker.

Following this incident a complete investigation into the system of operation was undertaken by the Health and Safety Executive (HSE). It was found that risk evaluation had already been done and safety provisions were in place for all possible risks. In fact, the assessment report clearly mentioned risks arising from mixing blank and live ammunition and set forth measures to ensure that such mixing did not take place. However, these measures were not followed fully at the precincts.

Court proceedings were conducted last September in the case wherein the Thames Valley Police accepted responsibility for the accident. They were fined £40,000 and asked to pay costs of £25,000 under Section 3(1) of the Health and Safety at Work etc. Act, 1974. PC David Micklethwaite, was also fined £8,000 under Section 7 of the same Act, and asked to pay an additional sum of £5,000 as costs.

Just as they did in April of the previous year officials of the Health and Safety Executive (HSE) will conduct spot checks on vehicles carrying loads that are not properly secured. They will be working in tandem with the officials of the Vehicle Operator Services Agency (VOSA).

The aim of the campaign, which will commence in the North West region of the country and go on for eight days, will be to check if load safety norms are being adhered to by hauliers and other transporters. The campaign which is intended to cover the country is likely to be carried out over a period of nine weeks.

According to statistics given out by the HSE, injuries occur to more than 1200 people every year. More than a million pounds worth of losses are suffered annually owing to improper loading and unloading of goods.

HSE and VOSA officials will check vehicles in a random manner to see if there are proper restraints on the goods being carried. Where there is clear evidence of unsafe loading, fines will be imposed on the drivers or the business owners. The penalty could be as stiff as ordering the vehicle off the road.

The previous year’s campaign disclosed that 80% of the vehicles were found to have unsafe loads, a figure that the HSE hopes will not be reached this year.

The nine week campaign also hopes to educate hauliers and transporters in load safety norms through adverts on the radio and in trade journals. The official website of the HSE will give guidance on loading safety at www.hse.gov.uk/loadsafety

VOSA’s Research and Development Manager, John Fitch, is of the view that the campaign will effectively address the issue of insecure loading of goods and help in the reduction of losses arising from improper loading by carriers.

In a recent study, it has been found that employees who provide constructive feedback to their managers help the latter in improving their professional nature.

The research has been jointly funded by Investors in People, the Chartered Institute of Personnel and Development, and the HSE. The findings of the research were unveiled at the British Psychological Society’s Division of Occupational Psychology Annual Conference.

The main emphasis of the research was on the relationship between employees and managers, which often creates stressful situations in the workplace. During the survey, 150 managers were asked to evaluate their managerial capabilities and about 500 employees were told to asses how their managers fared at their workplace.

The managers were grouped into those that had been imparted training and/or given feedback on their managerial abilities and those that did not receive any feedback. The feedback and training emphasised on positive behaviours that on the part of managers that can reduce stress-levels in workers.

The group that received constructive feedback from employees were found to be eager to improve themselves, and they evolved as better managers. The behaviour expected of them included:

• having more emotional control and integrity
• getting a better grip on the work at hand and future work, and communicating the same effectively
• managing team members with empathy
• be more capable in conflict management

Managers who were not provided any feedback did not mend their ways and continued with their behaviour. It was thus discovered that constructive feedback can have a positive impact and can change the behaviour of managers.

A research team led by Ms Donaldson-Feilder is in the process of developing effective tools that can be used at the workplace. One of these tools is a detailed questionnaire that will serve as rating criteria for managers. The rating will be done by employees. Other tools include specific learning modules meant for line managers. These tools will soon be available online.

A law firm has appealed to British employers to draft a sound driving policy to keep away from any unwanted legalities arising out of workers’ accidents, especially in view of the deteriorating driving conditions in the wet winter season.

According to Penningtons Solicitors LLP, about one out of every three road accidents in the UK involve people driving for work, and every week, nearly 20 are killed while 250 are grievously injured as they drive or are driven around for official purposes.

Philippa Luscombe of Penningtons said that employers should make operational an effective driving policy, failing which employees who meet with accidents can take them to court under a personal injury claim. Additionally, a company’s driving strategy can prevent it from being booked under the Corporate Manslaughter Act 2007.

Luscombe asked bosses to make the driving policy an essential part of their organisation’s health and safety plan. She feels that the staff would drive more safely if senior management set an example before them.

Luscombe also pointed out the cost reducing features of a driving plan. She said that driving safely would lessen the vehicle’s wear and tear and reduce the cost of fuel. She added that safe driving would cause fewer accidents, which would not only keep workers away from going on sick leave but also trim down the premium for motor and employers’ liability insurance, benefiting the company commercially.p>

The owner of a fireworks firm and his 25-year-old son have been jailed after being convicted of killing two fire fighters due to their negligence. The firemen were killed in a massive blast at their family-run company named Alpha Fireworks Ltd (formerly called Festival Fireworks UK Ltd).

The owner Martin Winter has been jailed for seven years, while His son Nathan has been jailed for five years for the deaths of fire-fighter Geoff Wicker, 49, and support officer Brian Wembridge, 63. The judgement was passed at Lewes Crown Court.

The blast had occurred in East Sussex in December 2006, and besides the two deaths, 20 people from the police and fire department were injured. The blast also drew a £30,000 fine for the company.

The father-and-son duo were found to be “grossly negligent” as they kept fireworks in metal containers not licensed for the storage of explosive items, despite knowing fully well the potential dangers and eventualities if they came in contact with fire. It was discovered that the metal container had previously been used to hold chicken feed.

The court heard that the accidental ignition of some fireworks sparked a chain reaction in the factory site, and this led to the spread of the fire until the entire factory was engulfed in flames. By the time the explosion took place in the metal container, many firefighters had evacuated the scene after failing to combat the initial blaze. However, some fire officers, like Mr Wembridge and Mr Wicker were still present in the scene. Mr. Wembridge was busy filming footage of the blaze.

Mr. Wembridge’s footage was shown to the court. The footage revealed that the blast was so strong that the doors of the metal container were blown apart by the tremendous pressure. The explosion was very similar to a bomb blast.

Judge Mr Justice Cooke told the winters that they did not make proper arrangements for the storage of the fireworks despite being familiar with the safety regulations to be followed for storage of different kinds of firework.

The lawyers defending the winters however told the jurors that the fire fighters had breached their own safety guidelines by failing to evacuate the factory area at the right time. The judge added that had the fire fighters been given proper training regarding ways to deal with explosives, then the accident could have been avoided.

In an incident that occurred in Bridgend last year, a 15-year-old boy suffered serious injuries after he fell 50 ft inside a quarry to which he had gained access.

The teenager had trespassed into the quarry with his friends. He suffered a fractured wrist, a chipped pelvis and a broken elbow as a result of the accident that took place in May 2008.

Tarmac Ltd of Wolverhampton, the owner of Cornelly Quarry, was prosecuted by HSE following the incident. The company has been ordered to pay a fine of £10,000 and costs of over £6,000. The company pleaded guilty to infringing Regulation 16 of the Quarries Regulations 1999 at Cardiff Crown Court.

HSE conducted a thorough investigation after the incident and discovered that a thick lining of hedge that marked the boundary of the quarry had been removed by the owner, as there were plans of expanding the quarry. However, since there was a postponement of the expansion work, two lines of earth banks had been erected. These banks served as a temporary border to the quarry. The banks were however easy to climb, and the injured teenager entered the quarry by climbing these banks.

HSE Inspector Alan Strawbridge admitted that it was the youth’s fault, and that he should not have entered without permission in the first place. However, he was quick to add that the quarry owner should have been more cautious and should have erected better and more permanent barriers to prevent trespassers from entering the site. According to Strawbridge, the earth banks that were erected were not sufficient for the purpose.

Strawbridge added that it is the duty of quarry owners to conduct proper risk assessment and take into account all the eventualities that might happen if trespassers are allowed easy access inside quarries. In addition, the common people should also realise that entering a quarry without prior permission might be dangerous. In the present incident, the boy was lucky enough to have escaped the 50ft fall with broken bones, as the accident could have ended his life.

In two similar cases in the past of trespassing at work sites, the companies owning the sites were prosecuted.