Recent Legislation

Legislation Changes
The HSE has announced important legislation changes, revealing that the reporting of workplace injuries has been simplified and that greater flexibility has now been introduced for managing the provision of first aid training.

First aid
Health and Safety (First Aid) Regulations 1981 have been amended to remove the requirement for HSE to approve first aid training and qualifications.

The change is part of HSE’s work to reduce the burden on businesses and put common sense back in to health and safety, while maintaining standards. The new approach applies to businesses of all sizes and from all sectors.  HSE guidance here…..     http://www.hse.gov.uk/pubns/books/l74.htm

RIDDOR
Changes to the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) 1995 have been introduced that clarify and simplify the reporting requirements.

The main changes are in the following areas:

The classification of ‘major injuries’ to workers has been replaced with a shorter list of ‘specified injuries’.

The existing schedule detailing 47 types of industrial disease replaced with eight categories of reportable work-related illness.

Fewer types of ‘dangerous occurrence’ require reporting.

The changes affect all employers – including the self-employed.

HSE states that guidance is available and can be found  here…..    http://www.hse.gov.uk/riddor/index.htm

CHAS, SAFE Contractor – What’s all that about?

Just Safety has been busy helping trades people win more business by getting them registered to CHAS and/or Safe Contractor……..

SAFE Contractor, Exor, CHAS and Constructionline are all similar Health and Safety Accreditation Schemes that are required by many organisations and local government/councils when they select contractors. Without these registrations you may never get past the Pre-Qualification stage for tenders.

CHAS is operated by London Borough of Merton Council. There are currently over 140 Local Authorities that require a company to be registered to CHAS.

Preparing all the necessary information to get CHAS and/or SAFE Contractor registration can be a very time consuming and tedious process.  Just Safety makes the process as simple and painless as possible.

You should realise that all of these registrations require you to appoint a Competent Person for Health & Safety.  If you already have a competent Person, Just Safety can help you with the application process.

If you don’t have a Competent Person, Just Safety can provide this service in which case, help with your application comes as part of the package.

For more see Competent Person Package

 So that’s two for the price of one! 

 Testimonials:

“We appointed John to be our Competent Person and to help us get accredited to Safe Contractor.  He wrote all our policies, procedures and risk assessments and helped us with the application and form filling. With his practical, sensible approach, John made the process easy for us. We sailed through the assessment and were granted accreditation. We couldn’t have done it without him. I highly recommend John and Just Safety”.
John Slade, JVS Maintenance, Chelmsford

“We had been trying for months to get SAFE Contractor approval, without success. We appointed John of Just Safety as our Competent Person.  He soon got stuck in, simplified our documentation and helped us provide all the necessary evidence. We were registered in no time.  If you need help with CHAS or SAFE Contractor, I would have no hesitation in recommending Just Safety”.
Mike Penrose, Moss Switchgear, Hartley Wintney

Managing Safety in 5 Steps


Just 5 steps to successful health and safety

Directors and Managers can be held personally responsible for failures to control health and safety.

Think about how health and safety fits in with other important management systems for controlling finance, production and sales. Don’t try to complicate things – most small businesses have simple management structures.

Step 1: Set Your Policy

Prepare a safety policy, keep it simple and relevant to your business, after all it is your safety policy. 

Step 2: Get Organised
The 4 C’s………

CONTROL
Think of all your managers, supervisors, and employees.
Decide who is responsible for which safety duties, make sure that there are no overlaps or gaps, and that everyone knows their own responsibilities.

COMPETENCE
Train yourself and train your staff as everyone needs to have knowledge, skills and experience to be able to work in a safe and healthy manner.

CO-OPERATION
Involve all employees at all levels through regular meetings and briefings. Listen to what your staff have to say.

COMMUNICATION
Written and verbal communication is essential to the success of any management system.

Step 3: Planning
Think about your business, your premises, your staff and your equipment. Ask yourself what exists that can cause harm and what is the chance, great or small, that someone will be harmed. Weigh up whether you have taken enough precautions or should do more to prevent harm. Set standards against which performance can be measured. These must be both realistic and achievable

For example:
Ensure electrical appliances are tested (PAT)
Methods and frequency for checking guards on machines
Methods and frequency for checking fire safety equipment

IF NECESSARY, DRAW UP A SAFETY IMPROVEMENT PLAN

 Step 4: Measuring Performance
Draw up simple check lists and inspection forms to ensure your standards are being implemented.

For example, a ladder defect check – which should include details such as location, date of check, frequency of check, action taken if a defect is discovered and the signature of the person undertaking the check. If things go wrong, learn from your mistakes. Carry out thorough accident investigations and use the information to make policy or procedural changes if necessary.

 Step 5: Audit and Review
Everything changes over time, so you must continuously monitor your policy, organisation and systems to ensure that you continue to achieve the right results. Don’t just write a policy, and leave it on the shelf!    
USE IT !

Compliance with Dangerous Goods Legislation

All businesses involved in the carriage, packing, loading, filling or unloading of dangerous goods by road must appoint a qualified dangerous goods safety adviser.

Contracting out the D.G.S.A. role by placing it in the capable hands of JustSafety’s associates at Ludgate Consultancy & Training can provide the benefit of cost-effective professional compliance with dangerous goods transport legislation.

Ludgate’s consultancy contracts comply with the requirements of D.G.S.A. regulations and include:

  • Initial auditing and reporting
  • Inspection checks and reports
  • Annual reports
  • Compliance recommendations
  • Accident/incident investigation and reporting
  • Briefing notes and updates
  • 24/7 emergency helpline

They are authorised by the DfT and SQA to hold ADR driver training courses and specialise in delivering bespoke in-house courses, covering only those modules applicable to your business. 

All other staff involved in the transport of dangerous goods must have appropriate safety awareness and job-specific training to comply with ADR Chapter 1.3 and CDG regulations. Ludgate can provide this training on your premises, tailored to suit your type of business and also the staff responsibilities, e.g. office staff, loaders, warehousemen, vehicle crew.

If these services are of interest to you, please contact them via enquiries@ludgate-consult.co.uk to discuss your individual circumstances and obtain a personalised quotation.         Ludgate’s website

Driving Horror Stories

1. An employee with a large executive car loaned it to his wife and came to work in her somewhat aged Ford Fiesta. During the day the employee needed to make a visit on behalf of the company and decided to use the Fiesta. During the journey the brakes failed and the driver was killed. The wife is currently suing the employer for allowing the driver to use an unsafe vehicle on company business.

2. A solicitor’s clerk, returning to chambers in his own car, was asked by his employer to take with him a rather heavy legal volume. This was placed on the parcel shelf of the car. During the course of the journey an emergency stop caused the book to hit the clerk on the back of the head and an accident occurred. A successful prosecution, for driving without insurance, followed as the clerk only had Sd & P Cover and he was considered to be acting on behalf of his employer at the time of the accident.

3. The Transport Management was asked by a young man aged 21, the value of the grade of car to which he would be entitled in his new position. On receiving the information he asked for a Subaru Impretza WRX as his new car. This was refused on the grounds of his inexperience. He then approached the Human Resources department as the company had a “cash for cars policy” and therefore opted out of the company car scheme and took the “own vehicle” payment scheme with which he obtained the Subaru Impretza. Sadly three weeks later he was killed in a high-speed crash. The bereaved family successfully sued the company, resulting in a considerable out of court settlement.

4. In 2004 an accident occurred on the M1 at 10.15pm. Investigation showed the driver had commenced driving at 3.30 am and during the course of the day had assisted in fitting two kitchens 122miles apart. It was also proved that he was not wearing a seatbelt and could have possibly been using a mobile phone at the time of the accident. However evidence suggested that the primary cause of the accident was lack of rest, which had caused the driver to fall asleep. A passenger in the van was the Managing Director of the Company who owned the van who was said to use slogans such as “eating’s cheating” and “you can sleep when you are dead”; somewhat prophetic in the circumstances. Currently an interim payment has been paid to the paralysed driver of £400,000 with final payment to be reduced by 33% due to his negligence in not wearing a seatbelt.

5. An unladen 6 wheel lorry was being driven back to its base in South Wales. On an uphill stretch of road a car travelling in the opposite direction ran across the road and into the front of the lorry. All five occupants of the car were killed. When Police arrived at the scene of the accident the driver of the lorry was cautioned that he might face prosecution but the grounds for prosecution were not made clear. He was taken to a police station breathalysed and interviewed for several hours regarding his workload during the day and during the previous seven days. The heavy goods vehicle was taken away for forensic examination and not returned to the owners for 6 weeks. During this time the records of the company owning the vehicle were scrutinised in detail and the tachograph instrument removed from the vehicle. Eventually, as no fault was found with the vehicle or the actions of its driver, the lorry was released to the owners and it had to be rebuilt! The company, and its driver, received a letter to say that there were no grounds on which a successful prosecution could proceed. Sadly the driver found the stress such that he decided to find a non-driving occupation.

Company ‘Own Vehicle’ Policy

     (FREE to Copy and Edit as your Company Policy)

As part of our overall health and safety policy, Companyname is committed to reducing the risks which our staff face and create when driving or riding for work. We ask all our staff to play their part.

Staff driving for work in their own vehicle must ensure that it always complies with the law, is in safe and roadworthy condition and is suitable for its purpose. Persistent failure to comply with the policy will be regarded as a serious disciplinary matter.

 Senior managers must:

Lead by example, both by ensuring that their own vehicle is always in a safe condition and by not tolerating poor driving practice among colleagues.

Line managers must ensure:

  • They also lead by personal example
  • Staff understand their responsibilities to ensure their vehicles are legal, safe and well maintained
  • Staff receive appropriate help and advice to ensure their vehicles are safe
  • Periodic checks of vehicle documents are conducted to monitor compliance of staff who use their own vehicle for work
  • Periodic visual inspections are conducted of staff’s own vehicles that are used for work
  • Work related road safety is included in team meetings and staff appraisals and periodic checks are conducted to ensure our vehicle policy is being followed
  • They follow the monitoring, reporting and investigation procedures to help learn lessons which could
  • Help improve our future road safety performance
  • They challenge unsafe attitudes and behaviours and encourage staff to take care of their vehicles.

 Staff who drive their own vehicle for work must:

  • Ensure that it meets our minimum safety specifications (age, additional safety features)
  • Ensure it is taxed and has a valid MOT
  • Ensure their motor insurance policy includes business use cover for the amount and type of business mileage they undertake
  • Ensure that the vehicle is serviced according to the manufacturer’s specifications
  • Present the vehicle’s MOT certificate, insurance policy and service schedule for inspection on request
  • Ensure the vehicle is not used inappropriately, (e.g. unsecured load carrying, or hazardous off-road access)
  • Report road safety problems, including crashes, incidents, fixed penalty notices, summons and convictions for any offence, including vehicle defects, to their line manager
  • Present their driving licence for inspection regularly and on request
  • Co-operate with monitoring, reporting and investigation procedures.

 Signed:                                                                                    Date:

Name:

Competent Person – what’s all that about?

Every employer is required by Law to appoint a Competent Person to assist them meet their legal health and safety obligations. This is a requirement under the Management of Health and Safety Regulations 1999.

Quite simply, this means an employer must appoint someone competent to provide sound advice on all matters of health and safety.  Indeed, insurers assume that you already comply with this requirement.

The appointed Competent Person may be an internal appointment supported by external expertise or an independent, external appointment. In either case you will undoubtedly need the help of professional health and safety consultants who can provide a tailor-made competent person package to ensure you are able to meet this fundamental obligation.

“Outsourcing health & safety makes recession-busting common sense”.

27fJohn Bradstreet of Hampshire-based Health and Safety Consultancy, Just Safety Limited says “Getting health and safety right will help to protect your staff and also makes good business sense.  With a Competent Person Package, the employer appoints a consultant to act as their competent person. This is usually a more cost-effective option for small businesses that do not have the resources to appointment someone internally”.

Competent Person Package

A comprehensive Competent Person package should ensure continued compliance with ever-changing safety legislation and provides a business with sensible and affordable health and safety support, including:

·         Writing all documentation e.g.  Policies, Procedures and Risk Assessments
·         Thorough Audit and develop an Action Plan
·         Help with tenders, pre-qual submissions, CHAS, SAFE Contractor applications
·         Follow-up twice a year to update and review all the arrangements
·         Liaison with Enforcing Authorities on behalf of client
·         Signed, framed Certificate of Compliance
·         Management and employees have access to a Health and Safety ‘Helpline’

Just Safety Limited is a health & safety consultancy specialising in providing local businesses with affordable, no-nonsense advice.  For more information about Just Safety’s Competent Person package or other services, email or call John:

For cost-effective, sensible help with workplace Health & Safety……..

Call 01420 489267       or email    info@justsafety.co.uk JustSafety Website

High Heels at Work

At the TUC’s annual Congress in Liverpool this month, the Society of Chiropodists and Podiatrists will table a motion that women should be permitted to wear sensible shoes in the workplace.

High Heels

High Heels

According to the TUC, some high-end retailers and banks encourage women to wear stiletto heels to work, but the SCP believes this should not be the case for health and safety reasons.

Despite reports in the national papers claiming the TUC will be calling for high heels to be banned, a TUC spokeswoman said “We are not saying high heels should be banned. It is just one of the 85 issues that will be debated at the TUC Congress.”  She added: “The SCP is not calling for high heels to be banned at work, just that women should be given a choice over their footwear.”

Outdoor Working and Skin Cancer

Skin cancer is the most common type of cancer in the UK. The main cause is excessive exposure to the sun’s harmful ultra violet (UV) radiation. There are around 100,000 new cases every year. 8000 of these cases are the most serious form, malignant melanoma.various-skin-cancers2

Around 2,000 people a year die as a result of skin cancer. It is impossible to say how many of these cases are a result of exposure to the sun at work, but it is becoming much more common in people who work outdoors.
The skin is damaged if a person burns or spends too long in the sun. Although fair-skinned or freckled people are more likely to burn, too much exposure can damage anyone’s skin and increase their chance of developing cancer.

Many outdoor workers, in particular agricultural workers may be employed through agencies. Where this happens, both the agency and the employer will have a legal duty to protect the worker.

Preventing skin cancer
The TUC believes that no person should be exposed to anything that can cause cancer during their work and that employers have a duty to ensure that they remove the risk. That applies just as much to excessive sun exposure as dangerous chemicals.

Employers have always argued that they cannot control exposure to the sun and that it is up to individual workers what they wear. They also claim that it is unfair and impractical to ask workers to cover up in very hot weather. This is not true. In practice there is a lot employers can do, but measures must be introduced with the full involvement of safety representatives.

Simply telling workers they must cover up or wear sunscreen is not going to be effective in itself unless there is also a campaign to explain the dangers to the workforce, however many employers have been successful in reducing exposure by looking at the working practices rather than that just putting the responsibility on the worker.

Among things employers can do to reduce the risk are:
Changing working practices so that less outside work needs to be done either in the hottest months or the hottest time of the day
Provide canopies, sheeting, or similar covering over open areas such as building sites where people are working
Provide information and guidance on avoiding exposure to harmful UV radiation both as part of induction and on an on-going basis. The HSE has produced a useful leaflet giving advice on outdoor worker and sun protection; www.hse.gov.uk/temperature
Make sure that any protective clothing is lightweight, long-sleeved and comfortable, but at the same time dense enough to prevent UV rays from getting through. It should also allow body heat to escape. This will encourage workers to wear it.
Provide lightweight brimmed hats for all outdoor workers.
Where work is required to be done outdoors in sunny weather, employers should provide dispensers with sunscreen and workers should be encouraged to apply it regularly on any exposed areas. Sunscreen should have a sun protection factor of at least 20 and preferably 30 but also give protection against UVA radiation (some don’t). Workers should be given a choice of sunscreens where possible.

These measures will be most effective if the workforce is involved in the decisions, in particular on types of clothing and sun-screen provided.
Cancer Research UK have very useful information on skin cancer and also run the “SunSmart” campaign at www.cancerresearchuk.org/sunsmart

Asbestos in the Home

Householders undertaking DIY and maintenance workers are at particular risk of exposing themselves to asbestos. This is due to a combination of ignorance and a lack of readily accessible information and advice. 

Why was asbestos used in the home?
Asbestos fibres are strong and resistant to heat and chemicals. This led to their widespread use in a wide range of building materials and products, particularly during the 1960s and 1970s.  Asbestos was often used as fireproofing but also as a general building material. 

Where was asbestos used in the home?
The picture and list below shows some common areas where asbestos-containing materials may be found; the list is not all-inclusive. The list of products that may contain asbestos is a lengthy one. Those listed below are some of the more common sources, all to be checked by asbestos testing services.

 aspestos_around_home1

Exterior
1)   Roof garage and shed sheets, tiles  or roof felt
2)   Gutters and down pipes
3)   Fascia

 

Interior
4)   Partition walls
5)   Panels beneath windows
6)   Cupboards around domestic boilers
7)   Panels behind electrical equipment
8)   Panels behind fires or heaters
9)   Panels on or inside fire doors
10)  Bath panels 
11)  Floor titles
12)  Textures coatings (artex)
13)  Gaskets and rope seals inside gas appliances
14)  Cold water storage tanks