Neal's Notes For October 2009

Economic benefits of health and safety not fully realised

A new report from the European Agency for Safety and Health at Work (EU-OSHA) is the latest to suggest good occupational safety and health practice can be a strong economic advantage for organisations. The paper reviews the connection between Occupational Safety and Health (OSH) and economic performance especially in relation to small and medium-sized enterprises. OSH is not usually viewed as a contributory factor to the economic viability of an organisation, with compliance with government guidelines, regulations and laws generally the primary focus of OSH policies. But EU-OSHA suggests the perceptions of the connection between effective OSH and the resulting financial benefits could, and should be improved. According to EU-OSHA the strong economic advantages of good occupational health practice need to be highlighted continuously to organisations because the failure to acknowledge the importance of this link will limit the effectiveness of interventions aimed at preventing disease and injury (Lahiri, Levenstein, Nelson and Rosenberg, 2005; Toffel and Birkner, 2002). Additionally, while the cost of ensuring safety is important, “unsafety” is also costly (Rimington, 1993). For example, a reduction of accidents, damage and improvements to poor health can lead to a reduction in costs and a greater availability of people and plant. This, in turn, can improve efficiency and thereby heighten the effectiveness of businesses (Smallman and John, 2001).

Legionnaires warning

The Health and Safety Executive (HSE) is warning companies responsible for carrying out legionella surveys on water systems of the need to ensure that their work is thorough and accurate.

The warning follows the conviction of a Berkshire-based water treatment company for carrying out inadequate and misleading surveys at nursing homes in Blaenau Gwent and Powys. As a result, vulnerable residents at the homes would have been at a heightened risk of contracting legionnaires disease, a potentially fatal form of pneumonia. At Abertillery Magistrates Court on Thursday 6th August 2009, DEBA UK Ltd of Unit 15, The Metro Centre, Toutley Road, Wokingham, pleaded guilty to three charges under Section 3(1) of the Health and Safety at Work etc Act 1974. They were fined £24,000 and ordered to pay costs of £17,276.

During 2007, the company were commissioned to carry out legionella risk assessments at Nursing Homes operated by Craegmoor Healthcare in Tredegar and Llangattock, and rated the risk as low. A subsequent routine check of these nursing homes revealed there to be inadequate controls for legionella at these premises, and the focus moved on to the work carried out by DEBA UK Ltd.

HSE inspector Matthew Hamar said: "The nursing home operators commissioned DEBA UK Ltd to carry out the surveys in good faith and to help them comply with their responsibilities to manage the risk posed by legionella on their premises. They were badly let down in this case.

"Elderly nursing home residents are at greater risk from the bacteria that give rise to conditions such as legionnaires disease, so it is imperative that safety critical surveys like those carried out by DEBA UK Ltd are adequate. "Fortunately, there was no evidence of any outbreak of the disease as a result of these incidents, but there is a clear responsibility to those companies carrying out specialist work that they need to carry out adequate surveys and provide accurate information."

Legionnaires disease is caused by legionella bacteria, which can grow in water kept at unsuitable temperatures (between 20ºC and 45ºC) and infect the water in cooling towers, whirlpool spas and purpose built hot and cold water systems, as found in care settings. Where conditions are suitable for the growth of legionella the risk is increased. There is a risk of disease when droplets of water, infected with the bacteria, are inhaled. Whilst showers may present a particular problem in care homes water droplets created from taps is also a potential source. Any equipment that can generate water droplets that could be inhaled should be assessed for potential risk.

First trial under the new Corporate Manslaughter Act to take place in February

It has been confirmed at Bristol Crown Court, that the trial of the first corporate manslaughter prosecution by the Crown Prosecution Service (CPS), under the new Corporate Manslaughter and Corporate Homicide Act 2007, will take place on 23 February 2010.

The company charged, Cotswold Geotechnical Holdings Ltd, is alleged to have caused the death of an employee, Alexander Wright, through its systemic failings and is charged with offences under the Corporate Manslaughter Act and section 2 of the Health and Safety at Work etc Act 1974 (HSWA). Mr Wright, who was employed as a junior geologist, was crushed to death in 2008 when the sides of an excavated pit collapsed while he was collecting soil samples. A company director, Peter Eaton, has also been charged with common law manslaughter and an offence under s.37 HSWA relating to his consent, connivance or neglect as a director to the commission of an offence by the company.

At Bristol Crown Court, junior defence counsel for Cotswold Geotechnical Holdings indicated that the defendants should not be arraigned until further information had been provided by the CPS. Counsel indicated that, ultimately, not guilty pleas will be entered and asked the court to list the matter for trial. It is not yet known how the prosecution will specifically put their case against either Mr Eaton or the company, but the defendants requested that this be made clear. It is anticipated that they will be exploring whether the prosecution can prove "senior management" failings as being causative of Mr Wright's death. "While it is hoped that this trial will clarify some points about the impact of the new Corporate Manslaughter Act and how various elements including the "senior management" test will be proven in practice, it is questionable whether this is the right case to test the new law, given the fact that the defendant is a small family business which, arguably, could have been successfully prosecuted under the old common law manslaughter rules." commented Andrew Stokes, head of the Safety, Health & Environmental Group at national commercial law firm Beachcroft LLP.

"For now, the fact of a prosecution under the Act highlights the need for companies to be aware of the importance of having in place robust and effective health and safety procedures to prevent such allegations following an incident and adequate insurance cover to cover the costs of any necessary defence," he concluded.

Ladder Exchange

The HSE is once again stepping up height safety by launching its 2009 Ladder Exchange scheme which will run from the 1st September until December 2009.

During 2007/8 (p) 58 workers died and an additional 3623 suffered a serious injury as a result of a fall from height. Ladders remain the most common agent involved - accounting for approximately a third of all reported falls form height incidents. Ladder Exchange is designed to help prevent ladder accidents by encouraging businesses to remove 'dodgy' ladders from the workplace. It also provides dutyholders with an opportunity to review pre-use checks, training, supervision and other arrangements for ladder work. The initiative is simple; if you have a ladder which is bent, broken or battered you can part exchange it for a new one at one of HSE's partner outlets who are offeringdiscounts at competitive rates.

New course and handbook

New courses and handbooks are available from enricoSmog ergonomic practitioners Return to work assessments If you undertake assessments or are required to undertake risk assessments for employees returning to work, a new course 'How to undertake return to work assessments' is available. It looks at different problems, discusses real situations and teaches how to do specific in-depth assessments. Course leader is Duncan Abbott, Principal ergonomist who has carried out over 4,500 specialist assessments and is a national adviser to the HSE on specialist risk assessments.

The course will cover:

Overview of an ergonomic assessment ·Writing a report and what should go into it (pre-assessment) ·Task analysis of primary and secondary work areas. ·Carrying out a risk assessment for each of the following:

Worker with lower limb pain
Worker with pelvic pain
Worker with lower back pain
Worker with mid back pain
Worker with upper back pain
Worker with neck pain
Worker with upper limb pain
Worker with visual discomfort
Worker with cognitive requirements (stress)
Worker with Multiple requirements i.e. stroke victim

·Writing a report and what should go into it (post assessment) VENUES London Novotel Waterloo - 15th October 2009 Manchester Novotel Central – 12th October 2009 Delegate places subject to availability – space limited please book early. Tel: 01747 871868

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