12 Health & Safety In partnership with Citation - www.citation.co.ukALCOHOLDevice tests workers’ alcohol levels quickly and easilyWorkers’ alcohol levelscan now be tested quicklyand easily using a newfingerprint device whichgives instant results.The device, AlcoSenseTruTouch, was launched inMarch and uses a nearinfraredlight to measureblood alcohol content inthe skin. Users put theirfingers on an opticaltouch pad and the readergives a result within tenseconds, meaning 300employees an hour canbe processed.The website ofAlcoDigital, the companymarketing the newdevice, says: “Testingevery person, every daychanges the underlyingbehaviour itself.”However, unions havesaid routine alcohol testingis an unnecessaryimposition while anemployment lawyer saidemployers thinking of testingworkers should bewary.Dave Prentis, generalsecretary of UNISON, saidFirm fined after pallet stackcollapses and kills workeran increase in alcoholtests would be a mistakeand was “a sledgehammerto crack a nut.”He added: 'If workershave a problem with alcohol,their employersshould not be relying on agadget to entrap them butshould be providing themwith proper support.”Employment lawyerPhilip Landau, writing inthe Guardian, warnedthat employers should notrush into testing. “In orderto protect themselves,A Nuneaton storage and distribution firm has been fined after a workerwas killed when a tall stack of empty wooden pallets toppled on to him.Marcin Rogala, 29, was working at Ralph Coleman International Ltdon the Bermuda Industrial Estate in Nuneaton when the incident happenedon 9 November 2010.Warwick Crown Court was told that Mr Rogala and his colleagueswere gathering up fallen pallets from a tall stack that had collapsed inthe yard.As Mr Rogala and other workers removed the wooden pallets, anothertall stack toppled over. Others jumped clear but Mr Rogala wasstruck by the pallets, which weighed 36kg each, and died after sustainingmultiple injuries.An investigation by the Health and Safety Executive (HSE) found thata lack of effective management control over operations in the palletyard, combined with high stock levels, had led to an unsafe environmentand stacks being made too tall.Ralph Coleman International Ltd, pleaded guilty to breaching Section2(1) of the Health & Safety at Work etc Act 1974. The company wasfined £75,000 and ordered to pay costs of £25,316.Speaking after the hearing, HSE inspector Roger Amery said: “Thisdeath was a tragedy which could have been prevented if this companyhad given proper and thoughtful attention to its pallet yard operation.Its failure to do so put other workers at risk and led to the death of MrRogala.“Lots of firms form unsupported or freestanding stacks in their yards.I hope this death and the penalty imposed prompts them to check thecondition and height of their stacks so that this doesn’t happen again.”most employers shouldmake sure that any testingcomplies with the higheststandards and processes,following industry bestpractice and using a fullyaccredited, professionaland independent serviceprovider,” he wrote. “Itremains to be seen howmany will be tempted tofrequently test their staffwith little or no notice. It isnot too difficult to seewhat that might do to staffmorale if the practicebecomes widespread.”FATAL ACCIDENTWorkerkilled byrunawaylorryA lorry driver diedwhen he was run overby his own lorry, acourt has heard.Father-of-threeGary Walters, 51, wasworking forGloucester-based contracthaulier LarkinsLogistics Ltd when thefatal incident occurredon 11 October 2010.He was collecting atrailer loaded withstructural concreteproducts from BisonManufacturing Ltd inSwadlincote,Derbyshire. He failedto apply the brake inhis cab and, becauseBison's drivers had notMay 2013www.ukwa.org.uk
Health & Safety In partnership with Citation - www.citation.co.uk 13INSPECTIONSHSE charging regime:How safe is your business?The Health & SafetyExecutive (HSE) now hasthe power to charge abusiness whenever it findsa health & safety contravention,or “materialbreach”, at the rate of£124 per hour under acharging regime called“Fee For Intervention”.The HSE has had itsbudget cut by 35%. Tobridge that gap, theGovernment thereforeimposed a legal duty fororganisation to recover itscosts from non-compliantbusinesses in Octoberapplied the brake tothe trailer, the vehiclemoved off as he wascoupling the two partstogether.Mr Walters isbelieved to have goneround the front of thevehicle, possibly in anattempt to get into thecab and apply thebrakes, but he wasstruck by the cab andrun over. He died of2012.The HSE will recover allcosts incurred with anyintervention, where abusiness is found to havea material breach ofHealth & Safety.The average cost ofintervention activity, ascalculated by the HSE, is;• Inspection, resulting inletter - £750;• Inspection, resulting inenforcement notice -£1,500;• Investigations - Couldbe tens of thousands ofpounds.multiple injuries.An investigation bythe Health and SafetyExecutive (HSE) foundthat drivers workingfor Bison did not routinelyapply thetrailer brakes toensure the unitswere parked safely.Following MrWalters' death, apolice vehicle examinerexamined ten otherCitation's Queen'sAward winning servicecan provide companieswith guaranteed Health &Safety compliance, freeingthe business from anyfinancial risks which itmay be exposed to.And, what’s more,Citation's AdviceGuarantee means thatany company that followsCitation’s advice and stillfaces with charges fromthe HSE, we will have allcharges paid. Emailukwa@citation.co.uk forfurther details.trailers at the sitebut none had thebrakes applied, andno other manualsystem of restraint,such as chocks orhooks, was in place.Larkins Logistics Ltdwas found guilty oftwo criminal safetyoffences andwas fined £450,000plus full costs of£23,317.Close shaveWorkplace transporttraining providerMentor's ClaireHenshaw has raised£650 in aid of fivegood causes by shavingoff her hair.Claire's is the firstin a series ofevents beingheld throughoutthe year byMentor staff incelebration ofthe company’s25th anniversary.Alongsidethese events,the companywill be donating50p for everytraining day soldbetween April 2013and March 2014 toreach their target ofraising £25,000 forfive chosen charitiesin just twelvemonths. All moneyraised will be equallydivided betweenHelp for Heroes,Prostate Cancer UK,Weston Park HospitalCancer Charity,Children's Hospice<strong>Association</strong> Scotlandand Children inNeed.www.ukwa.org.uk May 2013