Health and Safety News

Come and see us at the Big Eco Show!

Cedrec are excited to announce that we will be exhibiting at the Big Eco Show, at the Centre for Life in Newcastle on 18 April 2013.

With over 50 businesses exhibiting, this will be the region's largest dedicated Eco Show offering:

  • keynote speakers and workshops;
  • a green business and social enterprise exhibition;
  • an introduction to Social Media and Connect Friday networking;
  • the chance to test drive EV and Low Emission Vehicles.

We're delighted to be a part of the show and to offer the chance to come and try Cedrec for yourself and see how we make environmental legislation simple. Our consultants will be on hand, so why not come and test them with your burning environmental law questions! There might even be a free mug in it for you…

Conceived by Daisy Green Media & Events and the Climate North East team, the show launched back in September 2012 to fabulous feedback. This year, it will bring together and showcase businesses from across the North East region operating in a low-carbon and climate resilient economy. It will focus on how businesses can grow, thrive and build their resilience within the green economy.

Entry to the show is free and it runs from 10 – 5pm. You can find out more about the show at: http://cedr.ec/bigeco with a full schedule of events here: http://cedr.ec/ecoevents.

Follow @cedrec_news and

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HSE berate bogus bans

The Health and Safety Executive (HSE) established the Myth Busters Challenge Panel 12 months ago, and one year on it has come across an array of strange decisions, all made, often inappropriately, in the name of health and safety.

In its first annual report, the Challenge Panel revealed 150 cases of businesses and public bodies using non-existent rules to stop perfectly safe activities. This includes cases where:

  • bubbles were banned at a child's party;
  • a restaurant refused to serve burgers rare;
  • bars refused to fill pint glasses with handles;
  • shredded paper was banned from a school fete;
  • a restaurant had refused a diner a toothpick.

In the latter case, the diner reportedly told the restaurant that, as a grown-up, he was happy to risk putting a toothpick in his mouth.

Judith Hackitt, Chair of the HSE, said, “Why on earth do people think that they can get away with banning pint glasses with handles, bubbles at a birthday party, or burgers served anything other than well done, claiming they are a health and safety hazard?”

“The reality is that people hide behind health and safety when there are other reasons for what they're doing – fear of being sued perhaps, or bad customer service. It's time for them to own up to their real motives.”

Ms Hackitt added, “The sad fact is that while all this nonsense is being spouted, it overshadows what health and safety is really about – ensuring people return home without injury from their day's work, every day.”

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HSE inspection initiative

It has been announced that nearly one in five construction sites visited across Britain have been subject to enforcement action after failing safety checks.

Between 18 February and 15 March, Health and Safety Executive (HSE) Inspectors visited 2,363 sites where refurbishment or repair work was taking place and saw 2,976 contractors. As a result, 631 enforcement notices were served across 433 sites for poor practices that could put workers at risk, with 451 notices ordering that work stop immediately until the situation was rectified.

During the inspections, HSE inspectors looked at things like work at height, good site order and welfare and considered whether:

  • jobs that involve working at height had been identified and properly planned to ensure appropriate precautions are in place;
  • equipment was correctly installed, assembled, inspected, maintained and used properly;
  • sites were well organised to avoid trips and falls;
  • walkways and stairs were free from obstructions;
  • work areas were clear of unnecessary materials and waste;
  • suitable PPE was provided and worn appropriately.

The HSE have put up an image gallery to show the sort of things they found: http://cedr.ec/pt.

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Hairdresser has brush with the law

The owner of a hairdressing salon in the Kentish seaside town of Herne Bay has found himself on the wrong side of the law after failing to produce a valid Employers' Liability Compulsory Insurance (ELCI) certificate.

Canterbury Magistrates' Court heard how a Health and Safety Executive (HSE) investigation was prompted in August 2012 by an employee who was concerned that there was no cover in place. It was then confirmed that Rajan Patel had neglected to arrange ELCI for “Inspirations” when he took over the business last year.

As Mr Patel was unable to produce a valid ELCI certificate, this meant his staff had no means of pursuing a civil claim against the business had they been injured at work, or contracted a work-related illness or disease, in the interim period.

Mr Patel was fined £3,900 and ordered to pay £3,000 towards costs after pleading guilty to breaching the Employers' Liability Compulsory Insurance Act 1969.

After the hearing HSE Inspector Caroline Fullman said, “Thankfully none of Mr Patel's employees suffered a work-related injury or illness that warranted a claim for damages, but had they done so they would have been denied a chance to claim the compensation as recompense for whatever pain and suffering they had endured.

That is the purpose of ELCI. It is not a trivial optional extra, it is a compulsory requirement that is designed solely to protect employees.

The law expects employers to take all reasonably practicable steps to prevent their workforce from being injured or becoming ill, but if incidents do occur then Employers' Liability Compulsory Insurance cover is vital.”

For more information, see:

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Construction company fined after failing to managed asbestos

Michael Galloway, trading as M.G. Construction has been fined £2,500 and given a 12 month conditional discharge after pleading guilty at Newry Crown Court to three breaches of health and safety legislation.

The case arose when asbestos containing materials were disturbed, spread and removed during the demolition of a bungalow at a site in Dromore, County Down between 22 September 2010 and 7 October 2010. A Health and Safety Executive for Northern Ireland (HSE NI) investigation found that during the demolition work there was asbestos insulation board removed by Mr Galloway, who did not hold the necessary licence to allow him to do the work. Samples had previously been taken from the bungalow which were analysed and found to be grey insulation board containing amosite and chrysotile asbestos.

The investigation also found that Mr Galloway did not take adequate steps to prevent both exposure to and the spread of asbestos fibres by allowing workers to carry out demolition work in areas that were contaminated with asbestos debris.

Denise Donaghy, an inspector with the HSE NI commented, “The dangers of asbestos are well known. Exposure to asbestos fibres is the greatest cause of work related death in the UK and the correct procedures for working are long established. It is a legal requirement that these procedures and control measures are put in place to prevent the spread and exposure of asbestos.”

For more information, see the:

  • Health and Safety at Work (Northern Ireland) Order SI 1978/1039;
  • Control of Asbestos Regulations (Northern Ireland) SR 2012/179.
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HSE discuss RIDDOR consultation

While discussing revised proposals to reform the Reporting of Injuries, Disease and Dangerous Occurrences Regulations (RIDDOR) SI 1995/3163, the Health and Safety Executive (HSE) has decided against its proposal that employers and other dutyholders should not have to report occupational diseases.

They also agreed to keep the duty to report non-fatal work-related accidents to members of the public, again going against a suggestion set out in the same autumn 2012 consultation document. The reforms to major injuries, dangerous occurrences and self-employed workers will however go ahead. Duties to report fatal injuries to workers and the public, and over seven day injuries to workers remain unchanged.

Other reforms proposed in the consultation document will go ahead, including:

  • simplifying and reducing the list of:
    • major injuries to 10 types, so it is more closely aligned with the HSE's incident selection criteria,
    • dangerous occurrences to 20, so they are focussed on higher-risk sectors and activities;
  • self-employed workers will no longer have to report injuries to themselves.

The proposed revisions are expected to come into force on 1 October.

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New REACH fees published

A new Regulation has been published which amends the fees and charges set out in Regulation (EC) 340/2008, for registering chemicals under Regulation (EC) 1907/2006, on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH).

The amendments have been made by Regulation (EU) 254/2013 which came into force on 22 March 2013, however the amendments will not apply to pending submissions made under Regulation (EC) 1907/2006 before that date.

Under the changes, standard fees have increased by approximately 7%, but discounts for small and medium-sized enterprises (SMEs) will see the costs of compliance fall for SMEs compared to current levels.

Medium-sized firms (with up to 250 members of staff) will receive a 35% discount on standard registration fees, compared to the current 30% reduction, small firms (with up to 50 employees) will receive a 65% discount and micro firms (with 10 employers or fewer) will get a 95% discount.

While the standard charge for registering a substance of 1-10 tonnes, for example, will rise from €1,600 to €1,714, medium sized firms will pay €1,114, compared to the €1,120 they pay currently, and small firms will pay €600 rather than €640.

Similar increases in the discounted rates will also apply for charges for authorisations and appeals.

Antonio Tajani, the commissioner for industry and entrepreneurship, and Janez Potocnik, the environment commissioner, said, “By reducing fees for SMEs affected by the REACH legislation, the commission is directly responding to their concerns.

We are working together towards EU chemical legislation that protects health and the environment, as well helping European businesses to grow and to create jobs.”

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Leisure centre risks result in fines

Carrickfergus Borough Council and Mr Patrick Buckler, trading as Water Management Services Limited, have been sentenced at Laganside Magistrates' Court for breaches of health and safety legislation.

The case arose out of a failure to properly manage the risks associated with legionellosis at the Carrickfergus Amphitheatre, which put both employees and members of the public at risk. The council had engaged the services of Mr Buckler to assess the risks associated with their water systems. Mr Buckler had no specific training in health and safety, or legionellosis, and the risk assessments he had prepared were not suitable or sufficient.

Following an improvement notice issued in November 2011, the council employed a different water management company to carry out a risk assessment which found the risk of legionellosis as high. The council then voluntarily closed the facility in order to carry out remedial works to the water system. The problems identified included a build up of slime and scale, both well known hazards associated with legionellosis bacteria.

Carrickfergus Borough Council was fined £1,500 plus costs of £61, and Mr Patrick Buckler was fined £750, with costs of £61.

Louis Burns, head of the Health and Safety Executive for Northern Ireland's (HSE NI) Major Investigation Team commented, “This case highlights the need for duty holders to properly manage the risks associated with legionellosis, a potentially fatal infectious disease. If they subcontract this work they must make sure that the contractors are competent to do the work properly and professionally. In this case Mr Buckler was not.”

For more information, see the:

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Triangular tray-bake troubles

A school in Essex has decided to change catering practices regarding the shape in which flapjacks are cut following an injury to a pupil! The decision was taken after a triangular shaped slice of flapjack was thrown in school, and ended up hurting a pupil. As a result, the tray-bake must now be cut into squares or rectangles.

The incident happened last week when a year seven boy was injured. This led to the school reviewing the “texture and shape of the flapjacks”.

Ray Hurst, former president of the Institution of Occupational Safety and Health, said that he could not understand why triangular flapjacks had been banned but not square or rectangular flapjacks. He commented, “Anything that is thrown is likely to cause injury if it hits somebody, especially in the face or the eye.” He added “It does seem a little over the top to ban triangular flapjacks.”

An anonymous school “insider” told the Telegraph that, “It’s the most ludicrous thing I’ve heard. I thought it was a joke. Even if you only have rectangular or square-shaped flapjacks, the children could still break them into triangles and launch them at someone.”

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Festival organisers fined

The organisers of the Kendal Calling festival have been fined £20,000 and ordered to pay £25,000 in costs at Carlisle Crown Court after admitting to breaching the Health and Safety at Work etc. Act 1974.

Donald Berry was operating a crane to manoeuvre a portable building when his crane hit a live cable, giving Mr Berry an 11,000 volt electric shock. The accident left Mr Berry with brain damage.

Earlier this month, safety firm Piper Event Services Ltd, which was hired to assess safety at the festival, was accused of failing to issue proper warnings about the cable. However, the trial heard that Kendal Calling had given the company “limited instructions” because they wanted to save on the expense of paying for a comprehensive health and safety plan. Piper events was found not guilty of a safety breach.

A statement from Kendal Calling said, “Since the incident on-site, we have brought all health and safety management in-house and appointed an industry-leading events production company.”

However, Eden Council's environmental health officer Elaine Lowmas said, “Mr Berry's family will be very disappointed by the fine, obviously he suffered very serious injuries and will have to live with these injuries for the rest of his life.”

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