September 2016

The Health and Safety Service Ltd
Newsletter
September 2016
Special points
of interest:
Electromagnetic Fields
New Vaping Research
Pollution Prevention
Guidance
Director Jailed
Introducing Our New
Business Partners Bell
Taylor
Visit our website at:
www.thehss.co.uk
Our online Fire
Safety Training is
RoSPA approved
In this Issue
Page 2
HSE Legislation
Review
Page 3
The Environment
Page 4
In The Courts
Page 5 & 6
Employment Law
Page 7 & 8
Training and Courses
Site Manager Jailed
Faruk Patel, a construction manager from Leicester, has been jailed for gross negligence
following a worker’s fatal fall from height. He also told police that the worker was
responsible for his own death, stating that the workers on site could take care of
themselves and were aware of the dangers.
Tasadaq Ur-Rehman was hired on a casual basis to fit doors and windows at the
construction site controlled by Mr Patel. On January 24th 2015 Mr Ur-Rehman was
working on a first floor flat when he fell 3m through an open skylight. He suffered severe
head injuries and died in hospital four days later.
An investigation by the HSE found that Mr Patel had no experience of managing a
construction site, which lead to several safety failings including no guarding around ceiling
openings and no scaffolding in the areas where the windows were to be fitted.
Two days after the incident the HSE issued a prohibition notice to stop all work ait height,
but found that on subsequent visits that work had continued. Police also re-visited the site
on February 10th 2015 and found that the notice had again been breached. Mr Patel was
arrested and charged with manslaughter by gross negligence.
Mr Patel was sentenced to prison for eight months for breaching Section 3(2) of the Health
and Safety at Work Act and for twice breaching the notice. He was given a 30 month
sentence for manslaughter.
Electromagnetic Fields (EMF)
The introduction of the Electromagnetic Fields at Work Regulations 2016 came into
force in July this year and could potentially affect all businesses. However, only those at
high risk will need to take further steps to ensure the safety of their employees.
An EMF is produced whenever electrical equipment is used and manifests as static
electricity, radio waves and magnetic fields - the effects of which can cause nausea,
micro-shocks and medical implant interference.
Most, if not all, businesses use electrical equipment, but according to HSE guidance
(HSG281), the majority will not need to take any additional actions as the risk of EMF is
either very low or will already form part of the risk assessment process. However, for
some sectors there will be activities which may exceed the safe EMF action levels.
The guidance provides a list of low risk and high risk activities. Wireless
communications such as mobile phones and printers as well as the use of TVs,
computers, battery chargers and portable tools are deemed as low risk.
Activities such as induction heating and soldering, resistance welding and MRI
equipment are classed as high risk and will require further action.
The HSE’s guidance can be found here http://www.hse.gov.uk/pubns/priced/hsg281.pdf
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Newsletter
HSE Legislation Review
As part of their deregulation programme the HSE has launched a review into existing safety legislation.
First up is the inspection and examination of work plant and equipment, where the focus will be on the Lifting
Operations and Lifting Equipment Regulations 1998; Provision and Use of Work Equipment Regulations 1998;
Pressure Systems Safety Regulations 2000; and the Work at Height Regulations 2005.
The HSE are seeking input from businesses to learn about their experiences of these requirements and to help
identify improvements that can be made to ensure inspection arrangements are proportionate to their
circumstances.
The second round of reviews will be aimed at hazardous substances and changes are likely to be made to the
Control of Substances Hazardous to Health Regulations 2002; Control of Lead at Work Regulations 2002: and
Dangerous Substances and Explosive Atmospheres Regulations 2002.
The survey will be open until the end of September 2016. To complete the survey follow this link
http://webcommunities.hse.gov.uk/connect.ti/workequipinsp/view?objectId=649923 or email direct to
examinationreview@hse.gov.uk.
New Research Into The Effects Of ‘Vaping’
New research into the use of e-cigarettes has found that their use causes similar effects to the main heart artery as
smoking a real cigarette.
Last year Public Health England stated that ‘vaping’ is 95% less harmful than tobacco, and even called for GP’s to
be able to prescribe them on the NHS as an aid to help people quit smoking. However, research published at the
European Society for Cardiology congress in Rome has warned that the UK had rushed into championing
e-cigarettes.
In Brief
Since 6th April 2016 the HSE
have increased their hourly rate
FFI from £124 to £129 per hour.
This is the first increase since
the programme began in
October 2012, and has been
attributed to the increased costs
incurred by the HSE in regards
to staffing and other overheads.
In 2015 the HSE retained £11
million from the £14.7 million
generated by the scheme, with
the remainder being claimed by
the Treasury.
The manufacturing sector
continues to foot most of the FFI
bills – contributing £5.2 million
last year. The construction
sector wasn’t too far behind with
a bill of £4.2 million in the same
period.
Experiments were carried out on a number of adults with an average age of 30 to
examine the immediate effects of vaping. Results found that a 30 minute vaping
session – seen as a typical habit, as e-cigarettes deliver nicotine at a slower rate
than normal cigarettes - were similar to the effects of smoking a cigarette for five
minutes.
Prof Peter Weissberg, medical director at the British Heart Foundation, said:
“Although the study was not designed to show whether electronic cigarettes can
cause long term damage to our blood vessels, it shows that they cannot be
assumed to be risk free.
“Much more research is needed to establish the safety of long-term use of these
devices.”
9/11 and Asbestos
This September is the 15th anniversary of the tragedy of the 9/11 attacks , but
what many people may not realise is that the rescue and clean-up efforts after
this incident were performed under a cloud of 400 tonnes of pulverised asbestos
caused by the collapse of the twin towers.
A year after then event the World Trade Centre Medical and Monitoring
Programme was set up to support those who developed health issues related to
9/11. Around 75,000 people have received help from this programme with over
16,000 having been diagnosed with respiratory disorders or asthma related to the
toxic cloud covering the 9/11 site. These figures are expected to rise further due
to the long latency period of diseases such as mesothelioma.
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Newsletter
Environment
Shortage Of Food Waste Segregation
Almost all of the two million tonnes of food waste generated in the UK each year
ends up in either landfill or is incinerated.
A report from the Renewable Energy Association (REA) has highlighted that if
food waste was collected separately, it could save companies money in
pay-by-weight costs of disposal and also increase the efficiency of dry waste
recycling.
The report also identified that only half of local councils currently operate
separate domestic food waste collections, with the other half potentially missing
out on financial savings by not doing so.
Anaerobic digestion (AD) is the process by which microorganisms break down biodegradable materials in the
absence of oxygen to manage waste and/or produce fuels.
There are a number of AD plants around the UK that covert food waste into biomethane and a high quality digestate
for use as organic fertiliser. Some of the biogas is used to produce electricity and the rest is injected into the gas
mains to help reduce the carbon content of the gas we use.
Unfortunately though, most of these plants are only working at half of their capacity due to the lack of supplies,
indicating that there is a real need, and a benefit, to separating food waste from general waste.
New Pollution Prevention Guidance
The Environmental Agency (EA), together with DEFRA (the
Department for Environmental, Food, & Rural Affairs) has
published online guidance on pollution prevention, and it
certainly doesn’t hold back when spelling out how pollution
incidents should be avoided.
The guidance states that ‘you’re responsible for preventing
your business from causing or allowing pollution to happen’.
It also makes clear that ‘If you pollute, you could get an
unlimited fine, go to prison for five years, or both. You may
also have to pay the whole cost of the clean-up’.
Within the guidance is detailed information on the storage of
fuel, waste chemicals and much more, as well as what steps
the EA expects you to take to reduce the risks to an
acceptable level. For example, the guidance says that you
should prepare a plan which details the location of drains,
their type and the direction of flow.
Although the information provided is only guidance, if it is not
followed then you will expect to have to prove that your
control measures either meet, or exceed, the standard it sets
out in the event of an incident.
The online guidance can be found here https://www.gov.uk/
guidance/pollution-prevention-for-businesses
‘Smart Bricks’
Newcastle University
is heading a scheme
involving experts from
around the world
which could
dramatically change
the way we build by
producing ‘smart bricks’.
If successful these bricks will have the ability to
extract resources from sunlight, waste water and
air.
Each brick will contain a microbial fuel cell, filled
with programmable synthetic microorganisms
specifically chosen to clean water, reclaim
phosphate, generate electricity and create new
detergents.
Professor of Experimental Architecture at the
university, Rachel Armstrong, said “The best way
to describe what we’re trying to create is a
'biomechanical cow's stomach'. It contains
different chambers, each processing organic
waste for a different, but overall related, purpose
– like a digestive system for your home or your
office."
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Newsletter
In The Courts
Director Jailed
Death Caused from Toxic Gas Exposure
A worker died after being exposed to a toxic gas, thought to
have been chlorine, whist using cleaning chemicals to clean a
changing room at Herbs in a Bottle Limited’s plant in Essendine,
Lincolnshire in September 2014.
A HSE investigation found that the worker had not been trained
in the safe use of chemicals and the company had not carried
out a COSHH risk assessment.
The medicinal herbal manufacturing company pleaded guilty to
breaching Section 2(1) of the Health and Safety at Work etc Act
1974, and Regulation 6(1)(a) of the Control of Substances
Hazardous to Health Regulations 2002. They received a fine of
£45,000 and ordered to pay £4,842 in costs.
Door Collapse Leaves Worker Unconscious
A manufacturing company based in Worcestershire has been
prosecuted by the HSE following a near fatal incident that left an
employee with broken ribs, a broken sternum and asphyxiation,
when a 105 kg metal door collapsed and pinned him to a baler.
The worker also suffered a loss of consciousness for eight hours
after the incident at Essential Supply Products premises in Malvern,
after being asked by his manager to check the faulty door in May
A company director has been jailed for 12
months due to the death of an employee.
Kenneth Thelwall, director of Thorn
Warehousing Ltd, was also disqualified from
being a company director for seven years and
ordered to pay costs of £4,000 after worker,
Paul Williamson, was crushed by a mobile
elevated working platform as it fell from the
ramps whilst being loaded onto a truck.
An investigation in to the incident found that
no risk assessment or training was in place,
nor had a safe system of work been created
for the equipment. The gradient of the ramp
was also above the manufacturer’s
specification and were not fixed to the lorry.
Mr Thelwall was charged under Section 37 of
the Health and Safety at Work Act. The
company, which has now gone into
administration, was charged with a criminal
safety offence and fined £166,000 and
ordered to pay costs of £10,400 at
Manchester Crown Court last month.
2015. It was decided that the worker and a colleague would replace the bottom panel of the door, but after removing
the hinges and brackets the door collapsed, pinning him to a nearby baler.
The HSE found that managers had failed to recognise the risks involved with the task and that no appropriate
equipment, instruction, risk assessment or training had been provided to ensure the method of work was safe.
Essential Supply Products were originally fined £35,000. However, under the new sentencing guidelines this was
reduced to £20,000 by the judge due to the company’s small cash flow, an early guilty plea and good health and
safety record including full co-operation with the HSE. Further costs of £2,714 was also ordered to be paid.
Company Falsifies Paperwork To Mislead HSE
An exhibition and displays company has been prosecuted by the HSE after a labourer was crushed by a road roller.
The incident occurred on November 8th 2013 when Daniel Willis was using a three tonne vibrating road roller to
compact hardcore that had been laid as part of extending the company’s yard. The roller then slid down an
embankment and pinned Mr Willis, who was not wearing a seatbelt, underneath. Mr Willis sustained several breaks
to his right leg, burns to his right hand and an open fracture of the index finger on the same hand.
The HSE investigation found that Mr Willis had not received any formal training on the use of the roller and safety
measures such as edge protection were not in place. It also came to light that documentation including risk
assessments and training records were dated three days after the incident.
Quantum Exhibitions & Displays Ltd of Hipperholme, West Yorkshire, pleaded guilty to breaching Section 2(1) of the
Health and Safety at Work Act 1974 and was fined £70,000 and a further £4,139.50 in costs.
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Newsletter
Our Employment Law Partners
The Health & Safety Service Limited would like to introduce our new strategic business
partner, Bell Taylor Ltd, who specialise in providing quality Employment Law & HR
support to businesses throughout the region and UK.
We chose to partner with Bell Taylor because we value those with a similar business
ethos and flexible approach to our own.
Our partnership with Bell Taylor allows us now to offer our business clients a full service from Health & Safety
support that you are familiar with to unlimited employment law advice whenever you need it. Additional services
such as Training and HR Consultancy services are also available.
So, what do you get with Bell Taylor?
We all know that employment law is ever-changing and demands much management time and resources –
especially if you get it wrong!
For businesses of all sizes, this is where Bell Taylor play their part, recognising the need to support you, working by
your side, dealing with your employment matters effectively, enabling you to focus on your business. They’re
qualified lawyers with experience of both traditional law firm practices and fixed fee employment law providers and
with this, they add value to your business.
Whether it’s for strategic advice, to guide you step-by-step through a problem or just to give you the reassurance
you need, Bell Taylor sit by your side taking ownership of all your employment law & HR issues.
This is how they support businesses:
A dedicated commercially minded specialist employment lawyer for your business
Unlimited support for a fixed fee so you can call or email them as often as you like – no clock watching here!
Your lawyer will come and meet with you during the fixed period as part of the support service
They are proactive not reactive – they find solutions and strategies
They are experts in advising about disciplinary and grievance processes, investigations, dismissals,
recruitment, absences, performance, zero hours contracts, maternity, TUPE, agency workers, redundancies
and reorganisations
They make sure your legally compliant by creating or updating your contracts of employment and HR policies
They provide you with tailored letters and documents drafted on your behalf – they never send you a template
to fill in the blanks
They build lasting relations with our clients, developing a full understanding of your business needs enabling
them to offer tailor-made, pragmatic, efficient and commercial advice
They provide bespoke HR and management training adding value to your business
If needed, they can support and represent you if you are faced with an Employment Tribunal dispute, handling
negotiations with ACAS, the claimant and their adviser
They can assist you in sourcing Employment Disputes Insurance to protect you from the costs of defending an
Employment Tribunal claim and any resulting settlement costs and compensation awards
They provide regular employment law bulletins ensuring you are well informed of any changes in the law and
useful employment law cases that will help you manage your own HR issues
Please do get in touch to discuss how Bell Taylor can support your employment and HR function within your
business.
If you would like more information or have any questions at all, please telephone Richard Llewellyn-Bell, Director of
Legal Services at Bell Taylor on 01743 298000 or email enquiries@belltaylor.com.
Details of the key areas of expertise can be viewed at www.belltaylor.com
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Newsletter
Holmes v Qinetiq
Acas Code doesn’t apply to ill health
The Acas Code of Practice on Disciplinary and Grievance procedures applies to situations involving misconduct
and poor performance. But what about ill health?
The Employment Appeal Tribunal (EAT) has confirmed that in cases of genuine ill health, employers don’t need to
follow the Code. This, in turn, means that tribunals aren’t allowed to impose a penalty of up to 25% of any tribunal
award because of a failure to follow the Acas Code – since the Code doesn’t apply in the first place.
Mr Holmes was a security guard who had been dismissed for no longer being able to do his job because of his poor
health. This was held to be unfair, but the tribunal didn’t award an uplift in compensation for the employer’s failure to
comply with the Acas Code. Quite right, said the EAT. This wasn’t a disciplinary case. Mr Holmes wasn’t to blame
for his inability to do his job. Culpable conduct is key to the Code applying and, therefore, to the possibility of
increased compensation.
Things might not always be this clear-cut. What begins as genuine ill health could become misconduct or culpable
poor performance, or vice versa. The real risk here for employers is in not keeping a close eye on the issues as
they develop. But this case provides some helpful clarification that in genuine ill health cases where there’s no
disciplinary or culpable conduct element (ie something that calls for correction or punishment), the Code won’t apply
– although a fair dismissal in those circumstances is obviously preferable to arguing over compensation.
Immigration provisions come into force
This month, some of the employment-related parts of the Immigration Act will begin to apply. The main points to be
aware of are that from 12 July:
it will be a criminal offence for a person to work when he or she reasonably believes that their immigration status
prevents them from doing so
employers of illegal workers could be convicted if they had reasonable cause to believe that the employee’s
immigration status was a bar to them working. This extends the previous offence of knowingly employing an
illegal migrant. A maximum prison sentence of five years could be imposed, and a fine. In some circumstances,
the business could be closed down for up to 48 hours.
So check, on an ongoing basis, that your workers have the right to work in the UK, and keep good records. Make
sure, too, that those within your business who are involved in recruiting people to work for you know what’s
expected of them, and that they understand the severity of getting this wrong
Everything’s a bit uncertain at the moment, isn’t it?
Immigration provisions come into force
For many workers, that’s been a theme for some time. Four and a half million people in England and Wales are in
some form of insecure work. That’s according to the Citizens Advice analysis of figures produced by the Office of
National Statistics. Variable shift patterns, temporary contracts, and zero hour and agency contracts are at the
heart of this.
Citizens Advice has found that when it comes to job searches, a steady, reliable income is as important to people
as the amount of take-home pay on offer. A stable job and regular pay is believed to lead to greater productivity and
loyalty towards employers.
What will Brexit mean in all this? We don’t know, of course. Time will tell what the effects, good or bad, will be on
workers’ feelings of security and on their ability to manage their finances and plan for the future. But until then, the
speculation, the analysis - and the uncertainty – will roll on.
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Newsletter
Public Courses 2016
Introduction
The following accredited courses will be held at our training rooms in Telford. Prices are per person and
include registration fees and mandatory publications. (All prices plus VAT).
Accreditation is by CITB Construction Skills Site Safety Plus or IOSH (Institute of Occupational Safety and
Health)
Courses
Site Managers Safety Training Scheme (SMSTS) 5 Days £585
November 28th – December 2nd 2016
Site Supervisors Safety Training Scheme (SSSTS) 2 Day £275
November 16th – 17th 2016
CITB Health & Safety Awareness 1 Day £150
October 27th 2016
All the courses listed can be provided on site for 6 or more people
There are other dates available for the above courses, as well as any SMSTS and SSSTS refresher courses
available in Stourbridge. Please ask for details.
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Newsletter
ISO and OHSAS support now available
RoSPA Approved
Online Fire Safety Training
Now Available
Gary Hewitt
Managing Director
We provide RoSPA approved online Fire Safety training,
Fire Marshall and extinguisher training -
http://www.thehss.co.uk/services/online-training-courses-1/
We can also provide the following CIEH accredited
courses at our training rooms or on site
CIEH Level 2 Award in Health & Safety in the Workplace
CIEH Level 2 Award in Principles of Manual Handling
CIEH Level 2 Award in Principles of COSHH
CEIH Certificate in Stress Awareness
Or CITB Site Safety Plus accredited
59886
SMSTS (Site Managers Safety Training Scheme)
SSSTS (Site Supervisors Safety Training Scheme)
1 day Health and Safety Awareness
Achieving Behavioural Change
The Directors Role for Health & Safety
5846
Or IOSH Managing Safely
The Health & Safety Service Limited
e-Innovation Centre, Telford Campus, Priorslee, Telford, Shropshire, TF2 9FT
Tel: 0845 163 4444 / Fax: 01952 288269 / E-Mail: info@thehss.co.uk / Web: www.thehss.co.uk
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