Neal's Notes June 2006

June Neal’s notes

HSE WINS EMPLOYMENT TRIBUNAL APPEAL BY MENZIES AVIATION

The Health and Safety Executive (HSE) has successfully defended an appeal by Menzies Aviation (UK) Ltd against an Improvement Notice served on the company relating to the manual handling of baggage on and off aircraft at Manchester Airport. Baggage handlers are at particular risk of musculo-skeletal disorders (MSDs) such as back pain and joint injuries.

"Providing the right kind of assistance is vital," said Christine Barringer, speaking for HSE's Transportation Section. "MSDs are responsible for around 40% of all personal injury incidents at airports reported to HSE, the majority affecting ground handlers. Taking proper measures to control the risks reduces the level of injury and pain suffered by employees."

The Notice was served on 13 May 2005 following a visit by an HSE inspector to Manchester Airport.

The inspector was concerned that the system of work being used by employees of Menzies Aviation to load luggage on and off Boeing 737 aircraft did not adequately control risks, including MSDs. The Notice required Menzies Aviation to provide conveyors, or any other equally effective method, to assist in the loading and unloading of luggage to and from the carts used to take the luggage to and from the aircraft. These conveyors, commonly called belt loaders, are widely used in the industry not just in the UK but throughout Europe.

Menzies Aviation will now have to comply with the Improvement Notice. Christine Barringer continued: "The industry has already taken the initiative in reducing risks from baggage handling by introducing maximum bag weights. We see the increased use of lifting aids, such as belt loaders and other equipment, as another effective way for the industry to reduce risks further. Naturally, we're pleased that the Tribunal has upheld the Improvement Notice."

"The air transport industry, working with HSE, has set itself an ambitious target of a 50% reduction in the number of reported MSDs by 2010. HSE has worked closely with the industry to develop good practice and systems of work to reduce injuries and ill health, and this is beginning to be reflected in a decline in the number of reported MSD injuries. HSE believes that good health and safety is good business, as this will also reduce the financial and personal costs associated with MSDs. We look forward to continuing our work with the industry."

IMPROVING WORKER INVOLVEMENT, IMPROVING HEALTH AND SAFETY

The Health and Safety Executive (HSE), on behalf of the Health and SafetyCommission (HSC), has issued a Consultative Document to seek views on how to encourage, improve and increase worker involvement in health and safety risk management. Involving workers is a key theme of HSC's strategy and both the Commission and the Executive are committed to improving the quantity and quality of workers' participation in managing health and safety at work.

"Workers know the most about the jobs they do, so they are often in the best position to develop safe and practical systems of work," confirms Geoffrey Podger, Chief Executive of HSE, "Effective worker involvement can reduce accidents and ill health. It is fundamental to ensuring the success of all other nterventions on health and safety. It is important, therefore, that we actively encourage and support organisations to involve their workers."

The Consultative Document suggests that there are three pillars to the strategy to increase workers' participation in managing health and safety: legislation; guidance and encouragement. It sets out the current position and options to strengthen each of the pillars, including possible amendments to the law on consultation with employees. It invites comments on these options and any new ideas that have not been considered.

"We want this consultation to gather as many views as possible," says Zoe Woodrow, Policy Adviser with HSE's Worker Involvement Programme. "Both workers and employers are instrumental in making involvement successful. So we want to know what managers, workers and their representatives think. We have suggested some options but we would welcome other ideas, too." To encourage as many people as possible to participate in the consultation, HSE is also publishing a summary document to introduce the issues involved, as well as organising a number of regional meetings to encourage people to share and discuss their views.

"The feedback we receive will help us to make the right decisions about how we focus our efforts in this important area," continues Zoe Woodrow, "we recognise that people's time is limited, which is why we have also published a summary document. We hope that as many people as possible will take a look at the documents and let us know what they think." The consultation is open to 8th September 2006.

Single printed copies of the Consultative Document and summary may be obtained from HSE Books, PO Box 1999, Sudbury, Suffolk CO10 2WA, Tel:01787 881165, Fax: 01787 313 995

Comments should be sent to arrive by 8th September 2006 to: Zoe Woodrow, Worker Involvement Programme, HSE, 5th Floor, North Wing, Rose Court, 2 Southwark Bridge, London SE1 9HS.

Involving workers is a key point of the HSC's strategy for workplace health and safety. Further information can be found in the document, A strategy for workplace health and safety in Great Britain to 2010 and beyond' at: http://www.hse.gov.uk/aboutus/hsc/strategy.htm and in the Collective Declaration on Worker Involvement at: http://www.hse.gov.uk/involvement/declaration.htm

HSE CONTINUES SUPPORT FOR BRITISH SAFETY COUNCIL AWARDS

The Health and Safety Executive (HSE) is delighted to continue its support of the British Safety Council's International Safety Awards, which recognise and reward companies who have achieved success in reducing incidents in the workplace.

HSE Chief Executive, Geoffrey Podger, said, "We are pleased to see companies who demonstrate a firm commitment to health and safety being rewarded. Over 200 people each year die at work, the majority as a result of safety failings, failures that can be prevented by companies putting employee health and safety at the top of their agenda."

British Safety Council Chief Executive, David Ballard, said, "In the 21st century, many organisations worldwide are now making health and safety a top priority. Through achieving an International Safety Award, winning organisations are helping to make our vision of a safe working environment a reality."

Only companies that achieve accident incidence rates, which are better than the industry average for their sector, are eligible to apply. External adjudicators review a variety of documents provided by the applicant, including safety policies, safety plans and the health and safety officers' qualifications. Winners must also demonstrate board level commitment to health and safety as well as details of significant health and safety advances for the qualifying year. The British Safety Council is still accepting applications for the awards.

The winners will receive their awards at a celebratory banquet at Grosvenor House, Park Lane in London, which this year will be held on Friday 19 May; HSE Deputy Chief Executive Justin McCracken will attend the event.

NOISE AND VIBRATION ROADSHOWS RIDE AGAIN

Over 1.1 million people are at risk from high levels of noise at work and about 1.7 million people are at risk from Hand Arm Vibration(HAV). The Health and Safety Executive (HSE) and the EEF the manufacturers' organisation, are running four more roadshows on Noise and Vibration that will give no nonsense advice for employers of the recent changes in EU regulations.

They are aimed at all who manage risk at work, including managing directors, production managers, health and safety advisors and safety representatives. Those who attend will hear what the new regulations mean in practice, gain insight into practical risk management, including solutions and what they need to do to arrange effective health surveillance for exposed employees.

HSE and the EEF ran sixteen Noise and Vibration roadshows in 2005 and as last year an interactive theatre company, known as Dramanon, will be used to bring the issues alive in and interesting and refreshing way. New EU-based regulations for the control of risks from vibration at work came into force in Great Britain last July (2005) and recently for the control of noise (6 April 2006).

Robert Vaughan, HSE's Noise and Vibration Programme Manager said, "Noise and vibration are major and serious health risks for millions of people at work. The new Regulations provide a sound framework for tackling these problems effectively. The roadshows will show that the regulations are not complex or difficult to comply with and are, in fact, quite straightforward and workable. They will give us the chance to explain the new regulations in more depth, to demonstrate some practical solutions and to answer questions employers and others may have. I am very pleased that HSE and EEF are working together to deliver these."

Steve Walter, EEF's Health, Safety and Environmental Policy Adviser, said "The issues on noise and vibration are very topical at the moment and we have made the roadshows informative and engaging. We will encourage a lively debate and informed discussion on all the issues surrounding the new Noise and Vibration Regulations. As key HSE stakeholder partners, we believe it is important that employers talk with experts in HSE to learn more about the implications of the new regulations. We want a real dialogue and exchange between the audience and the experts to take place."

Dates for Noise and Vibration Road Shows 2006

LOCATION	DATE	CONTACT
London	16 June	apatel@eef-fed.org.uk
Bridgend	20 June	enquiries@eeftraining.org.uk
Sheffield	22 June	ljackson@eef-sheffield.org.uk
Warrington	27 June	clennon@eefnorthwest.org.uk

For further information either email the contact addresses shown above or visit the EEF website or HSE website .

The Control of vibration at Work Regulations 2005 came into force on 6 July 2005. More information about the regulations can be found at: www.hse.gov.uk/vibration/index.htm The control of Noise at Work Regulations 2005 came into force on 5 April 2006. More information can be found at: www.hse.gov.uk/noise/index.htm

OUTBREAK OF LUNG DISEASE AT POWERTRAIN IN 2004: HSE UPDATE

The Health and Safety Executive (HSE) has given an update on its investigation into the outbreak of occupational lung disease at the Powertrain Limited plant in Longbridge, Birmingham. HSE's investigation began in March 2004, and to date 101 workers at the former car plant have been diagnosed mainly with either occupational asthma or extrinsic allergic alveolitis.

Both diseases cause breathing difficulties, which are severe and in some cases can be long lasting. Sandra Caldwell, Director of HSE's Field Operations said at a press briefing held in Birmingham today: "The outbreak at Powertrain is thought to be both the world's largest linked to metal working fluids, and the largest single outbreak of occupational asthma. It has changed the perception of the risk arising from the exposure to mist from metalworking in the UK. HSE is making available the lessons learned from the outbreak and has taken action to prevent a recurrence. HSE is determined that workers elsewhere in this sector should get better protection against contracting these diseases, which have the potential to seriously impair the breathing and health of those affected by them.

"The HSE investigation has been long and thorough, and we now know that the cause of the disease was mist from metalworking machines, which was widespread throughout the factory. While we do not know the precise agent within the mist that triggered the outbreak, we did find links to bacteria, and used metalworking fluid. Other possible causes, such as metals leaching into the mist from the machining and washing of components, have been closely investigated and are thought unlikely to have caused the outbreak."

As a result of the outbreak HSE has updated its guidance on metalworking and this is now available at www.hse.gov.uk/metalworking. In the light of the increased risk revealed by the outbreak, this guidance makes it clear that:

risk assessments must deal with the risks of occupational asthma and extrinsic allergic alveolitis;
direct means of monitoring bacterial contamination in metalworking and wash fluids, such as dip slides, must be used;
exposure to mist needs to be prevented or better controlled; and
health surveillance must be carried out where there is exposure to mist.

The guidance has been developed with the help of experts both within and outside HSE and in conjunction with other stakeholders. Longer-term investigations and research into aspects of the outbreak continue. HSE is also checking standards at other large companies. Conditions have been found to be variable. Where there has been cause for concern, HSE inspectors have served Improvement Notices.

A report on this intervention will appear at www.hse.gov.uk/metalworking . A questionnaire to help firms check that they are properly assessing risks is available online at http://www.hse.gov.uk/metalworking/questionnaire.pdf

For smaller companies, a series of roadshows will take place across the UK over the next two years. These are being organised in conjunction with the United Kingdom Lubricants Association Metalworking Fluids Product Stewardship Group (UKLAMWPSG). HSE will organise follow up visits by its inspectors to those who don't attend to ensure the messages are getting through.

HSC CALLS FOR HEALTH AND SAFETY STANDARDS TO BE RAISED

The Health and Safety Commission (HSC) is supporting calls from the labour movement to ask everyone to spare a moment and remember those who have been killed at work in Great Britain. Last year more than 200 people died at work and 150,000 were seriously injured.

Bill Callaghan, Chair of the HSC said, "There has been progress in reducing this figure but the progress has been slow. Workers have the right to be protected at work. Everyone has a duty to see this happens, employers, regulators, trades union representatives and the employees themselves."

"We must all remember that every injury and death at work seriously affects not only the victim but those around them, their families and work colleagues. The Health and Safety Commission, along with colleagues in the Health and Safety Executive and Local Authorities, are working harder than ever with unions, employers and employees to raise standards. We fully support the efforts of trade unions and the wider labour movement in remembering those affected by workplace accidents on this day."

Geoffrey Podger, Chief Executive of the Health and Safety Executive echoed, the Chair's comments adding, "Everyone has a legal and moral duty to ensure that workers are given the protection they deserve at work. Many accidents at work are completely avoidable and often very simple, inexpensive solutions could have prevented the accident from happening. By working together, employers and workers can sensibly manage workplace risks and improve conditions for all."

HSE SUCESSFULLY PROSECUTES CONSTRUCTION COMPANIES FOLLOWING FATALITY ON A LONDON BUILDING SITE

"Anyone involved in lifting operations on building sites should ensure they are properly planned and appropriately supervised",

this is the message from construction inspector, Emma Davies of the Health and Safety Executive (HSE), following the prosecution of two construction companies at the Old Bailey. John Doyle Construction Limited of Welwyn Garden City, Herts and Exterior International Plc of London, EC2 were fined a total of £350,000 following the investigation into a fatal incident on a building site on 6 August 2002, at Albion Riverside Development, Hester Road, Battersea, London SW11.

Jack Tangney, a 29 year old from New Zealand died when a large timber panel called a 'shutter', which fell to the ground whilst it was being lifted from the ground to the 9th floor, from the north west corner of the site, struck him.

Speaking after the case, investigating inspector Emma Davies went on to say;

"The risk of serious injury, or worse from badly planned lifting operations is well known in the industry; as are the measures needed to manage them.Had these construction companies carried out an appropriate risk assessment, Mr Tangey would be alive today. This avoidable incident is an example of how badly things can go wrong when lifting operations are not planned or supervised properly. When carrying out lifting operations on site, three key elements must be in place to ensure the safety of the lift - a competent person is involved in planning the lift - the lift is adequately supervised - and the lift is carried out in a safe manner. "

John Doyle Construction Limited, Mr Tangey's employer, was fined £200,00 for contravening section 2(1) of the Health and Safety at Work etc Act 1974 and £50,000 for contravening section 3(1) of the same Act. Exterior International Plc were fined £100,000 for contravening section 3(1) of the Health and Safety at Work etc Act 1974.

John Doyle Construction Limited subcontractors on the site and Exterior International Plc, principal contractor's on site, previously pleaded guilty to the above charges on 11 April 2006 at City Magistrates' Court, 1Queen Victoria Street, London EC4N 4XY.

INVESTING IN HEALTH AND WELL-BEING, THE HEALTH AND SAFETY CHALLENGE

Jonathan Rees, Deputy Chief Executive (Policy) of the Health and Safety Executive (HSE), has outlined how HSE is addressing the challenges of the government's Health, Work and Well-being strategy. Speaking at the Health and Well-being at Work conference he said,

"More than 35 million days are lost each year to occupational ill-health and injury, costing the economy an estimated £12 billion. Health and safety has a crucial role to play in reducing this enormous burden, preventing work-related illness and injury and improving rehabilitation and return to work support."

The Health, Work and Well-being strategy, launched by the Department for Work and Pensions, the Department of Health and the Health and Safety Executive, lays out a blueprint for change to create healthier working environments and to ensure people get the help and understanding they need to stay in work if they become ill. The strategy's vision is to gain recognition for the benefits of work to health and well-being.

Jonathan Rees's speech follows the Health Work and Well-being Summit on 3 May when captains of industry, government ministers and other key stakeholders from across the public and private sectors signed a charter committing to deliver a healthier future for working age people.

A key contribution to the strategy is through Workplace Health Connect, a new service for small and medium sized enterprises, delivered in partnership with HSE. It helps achieve the strategy's aims by offering free and impartial advice on occupational health, safety and return to work issues. Jonathan Rees said: "Workplace ill-health is costing small businesses up to 10% of their total payroll costs, which can put real downward pressure on the bottom line. We launched Workplace Health Connect because we want to help small business stop workers becoming ill at work and to get them back to work as soon as possible if they do. Customer response to the Adviceline is very positive, 93% of those using it were satisfied or very satisfied with the service they received."

As well as providing guidance on a wide range of health and safety issues to help minimise injuries and ill health in the workplace, other HSE contributions to the strategy include:

Stress Management Standards, help managers reduce levels of work-related stress and sickness absence
Worker Involvement programme , encouraging participation from everyone involved in a work activity, whether a manager, employee or contractor, in managing the risks associated with it
Awareness campaigns, following on from Backs! 2005, HSE is launching a follow-up campaign later this year which will focus on the best ways of managing back pain, including the importance of staying active, and staying in work, wherever possible

Jonathan Rees concluded: "The strategy is a crucial part of delivering on the government's commitment to improving the health and well-being of the working age population. This is an ambitious programme that requires sustained commitment, genuine partnership and action by all. A successful strategy will mean more people at work for more of the time, those with health conditions and disabilities able to optimise work opportunities, and reduced health inequalities and social exclusion."

HSE CONSULTS ON NEW GAS SAFETY BODY

The Health and Safety Executive (HSE) has started a consultation exercise following an application from The National Association of Professional Inspectors and Testers (NAPIT) to set up a new gas safety registration body. HSE is actively consulting key stakeholders. Those interested in commenting should visit the HSE website at www.hse.gov.uk/gas/domestic/issues.htm where a consultation document can be found, including NAPIT's application.

The application will be assessed against well-established criteria for evaluating a new registration body, developed by HSE for this purpose. To date CORGI have been the sole successful applicant for this role. This consultation looks at the pros and cons of two services existing for consumers and the domestic gas industry. In assessing a new application HSE will be looking at matters such as whether the proposed approach by NAPIT would be able to meet the following aims:

to register efficiently any business which comes within the scope of the Gas Safety Installation and Use) Regulations 1998 (The Regulations), and to
promote the need for registration;
to ensure that businesses entering or remaining on the register are able to
demonstrate their competence to undertake safe gas work;
to positively promote the use of registered businesses by the public, and
thoroughly investigate all complaints alleging unsafe workmanship;
to establish, maintain or improve standards for gas work that contribute to gas safety; and for monitoring the continuing competence of registered businesses and individual operatives.

The consultation document was published on 10 May 2006. Comments should be mailed to napit.consultation@hse.gsi.gov.uk by the close of the eight-week consultation period on 5 July 2006.

LANCASHIRE CONSTABULARY WINS HSE SPONSORED PUBLIC SERVANT OF THE YEAR AWARD 'IMPROVING WORKING LIVES - PUTTING PEOPLE FIRST'

Bill Callaghan, Chair of the Health and Safety Commission (HSC) has announced Lancashire Constabulary as the winner of the HSE sponsored 'improving workings lives, - putting people first' public servant of the year award. The award recognises and rewards those who have achieved significant success in their role as public servants, and have demonstrated commitment, endeavour and innovation in a crucial role serving their local community. The safety and welfare at Lancashire Constabulary team created a healthy police plan including reviews of sickness absence, this established the need for early intervention by line managers to secure effective medical support. The results of their efforts was that by September last year sickness rates were down 17% on the year before, putting 25 more officers on the streets each day. Sickness rates for the support staff fell by 20% and long-term sickness absence cases more than halved.

Congratulating the finalists Mr Callaghan said, "The HSC was impressed with the calibre of the work undertaken by safety and welfare team at Lancashire Constabulary to reduce reducing sickness absence for both front line and support staff. The runners up, Causeway Health and Social Services Trust Northern Ireland, the Occupational health and the Voice care team, Stevenson College Edinburgh, through their work have benefited their local community immensely. The work they and their organisations do to promote better health and safety through improved literacy and IT skills, health screening and early intervention to provide medical support has been exemplary"

"This shows that the public sector can lead by example in tackling workplace health issues. If more organisations follow this lead we will have a healthier and more productive public sector. Too often, public sector performance is compared unfavourably with that of the private sector. These awards show what can be done with efficiency and productivity gain from relatively modest investment."

More than 35 million working days are lost each year to occupational ill health and injury. Health and safety has a crucial role to play in reducing this enormous burden, preventing work-related illness and injury and improving rehabilitation and return to work support.

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