Neal 8 for July/Aug
ROAD COMPANY ORDERED TO PAY £97,000 AFTER WORKER BURNED TO DEATH
A road contractor was fined £75,000 and ordered to pay £22,000 costs by Lincoln Crown Court yesterday (Monday) after a worker was burned to death while cleaning a tanker.
Colas Ltd, of Wallage Lane, Rowfant, Crawley, West Sussex admitted breaching Section 2 (1) of the Health and Safety at Work etc. Act 1974 by failing to ensure the safety of employees John Gilroy and Phillip Kelly whilst they were cleaning a bitumen tanker at the company's Grantham depot on 20 February 2003.
Mr Kilroy was cleaning the bitumen spraying bar at the back of the tanker with a mixture of kerosene, gas oil, and diesel, which ignited. He received 60% burns and was taken to Grantham Hospital before being moved to Selly Oak Hospital, where he died on 4 March 2003. Mr Kelly, who was working with Mr Kilroy, received superficial burns to his face and head.
The HSE investigation concluded that the fire was caused by the ignition of a flammable mist of kerosene and gas oil, probably by static electricity. HSE inspector Jon Anslow, who investigated the incident, said: "This was a tragic and avoidable incident. The company failed to control even simple sources of ignition, such as smoking or hot working. Importantly, if a liquid was used rather than a spray, no flammable mist would have been created, and this could have prevented the incident.
"This case emphasises the importance for employers to assess and plan work with dangerous substances. Sensible health and safety is about managing risks. This need not be costly, it's just a matter of thinking jobs through and anticipating hazards.
"Employers must also make sure employees are properly trained and have the proper equipment to deal with danger."
WORK AT HEIGHT - HSE EXPLAINS WHAT THE REGULATIONS MEAN FOR THE CONSTRUCTION INDUSTRY
New regulations came into force on 6 April 2005, applying to all work at height where there is a risk of a fall liable to cause personal injury. To assist the construction industry the Health and Safety Executive (HSE) has today published a Question and Answer Brief to explain what the new regulations mean in practice and the standards HSE expects the industry to meet. It is available on the HSE website.
Commenting on the new regulations Kevin Myers, HSE's Chief Inspector of construction, said: ''Falls from height remain the single biggest cause of workplace deaths and major injuries in the construction industry, responsible for some 40 per cent of fatalities in 2004/05. Preventing falls from height is a key area where the construction industry can take steps to drive down the number of accidents. The regulations give the industry an opportunity to refocus efforts to improve standards for work at height and reduce deaths and injuries.
"A particular area of concern for HSE is the number of major injuries caused by low falls ? it's worth pointing out that there are more major injuries resulting from low falls than from falls above two metres. The new regulations remove the old divison between low and high falls; the 'two-metre rule' for high falls has not been retained because dutyholders need to prevent falls from any height. HSE inspectors will ensure that the existing standards are maintained but that greater attention is also paid to the risk from low falls.''
Mr Myers also made the following key points:
"Those following good practice for work at height will already be doing enough to comply with the new regulations; follow the risk assessments you have carried out for work at height activities and make sure all work at height is planned, organised and carried out by competent people; follow the hierarchy for managing risks from work at height - take steps to avoid, prevent or reduce risks; and choose the right work equipment and select collective measures to prevent falls (such as guardrails) before other measures which may only mitigate the distance and consequences of a fall (such as nets or airbags) or which may only provide personal protection from a fall."
DETAILED DATA ON WORK-RELATED ILL HEALTH
The Health and Safety Executive (HSE) has published a new report giving detailed information on the extent of work-related ill health. The main headline figures from this report, Self-reported work-related illness in 2003/04: Results from the Labour Force Survey, appeared in Health and Safety Statistics Highlights 2003/04 in November 2004.
In 2003/04, 29.8 million working days were lost to work-related illness, with an estimated 2.2 million people in Great Britain who believed they suffered from an illness that was caused or made worse by their current or past work. On average, each person who was suffering took an estimated 22 days off work during that 12-month period, which when averaged across the working population represents an annual loss of 1.3 days per worker. Musculoskeletal disorders followed by stress, depression or anxiety were by far the most commonly reported types of work related illness with corresponding estimates of 1.1 million and 0.6 million people reporting a current or past illness. Although the estimated annual working days lost were similar for the two conditions, the average annual days lost per case was higher for stress, depression or anxiety (28 days) than for musculoskeletal disorders (19 days).
The rate of new cases of work-related illness in 2003/04 has decreased from 2001/02. Much of this is due to a fall in musculoskeletal disorders, particularly those affecting the back. An estimated 11.8 million working days were lost due to musculoskeletal disorders with 4.9 million days lost through cases affecting the back and 4.7 million days lost through musculoskeletal disorders affecting the upper limbs or neck caused or made worse by work. On average, each person suffering from a condition affecting the back took an estimated 19 days off work, an annual loss of 0.21 days per worker, which is similar to the corresponding rate of 0.24 days per worker in 2001/02.
WASTE TRANSFER COMPANY FINED £100,000 FOR SITE DEATH
A London-based waste transfer company, World's End Waste (Investments) Ltd, was fined £100,000 at the Old Bailey last Friday. The prosecution, brought by the Health and Safety Executive (HSE), followed its investigation into the death of Sam Boothman at a waste transfer site at Pensbury Place, Wandsworth on 1 June 2004. Mr Boothman, a 32-year-old tipper truck driver, was working for World's End Waste Ltd at their Wandsworth site. He had discharged his load at the transfer shed and had moved the truck to another part of the site to secure its tailgate, when he was hit from behind by the bucket of a shovel truck driven by another employee. He suffered severe multiple crushing injuries and died shortly after. World's End Waste Ltd pleaded guilty to a charge that they had failed to ensure the safety of their employees, including Mr. Boothman, so far as reasonably practicable.
Speaking after the case, HSE Principal Inspector Margaret Pretty, said: "Sam Boothman's family have lost a father, a husband and a son, and our sympathies are with them at this very sad time. The case shows everyone in the waste transfer industry the importance of planning for workplace transport and having safe systems of work in place. A one-way traffic system, the use of a banksman and designated pedestrian walkways, all of which were subsequently introduced by the company, may have prevented this fatality." The presiding judge, His Honour Judge Focke QC, said: "It is a very dangerous practice to drive a shovel truck, with the bucket raised a few feet off the ground, so that the driver's forward vision is obscured. The penalty should reflect public concern at an unnecessary loss of life. Companies must be deterred from operating in a slack way."
DATE SET FOR INTRODUCTION OF REVISED MAJOR ACCIDENT HAZARDS REGS
Amendments to the Control of Major Accident Hazards Regulations 1999 (COMAH) will come into force on 30 June 2005, the Health and Safety Commission (HSC) announced today. The Control of Major Accident Hazards (Amendment) Regulations 2005 broaden the scope of COMAH to take into account recent industrial accidents and the results of research on carcinogens and substances dangerous for the environment. They implement Directive 2003/105/EC that amends Directive 96/82/EC (known as the Seveso II Directive). Seveso II aims to prevent major accidents, or limit the consequences for people and environment near establishments that hold or use specific substances. The key revision to the regulations regard changes to the lists of named dangerous substances or generic categories of substances that are used to determine whether the regulations apply and to what extent. These changes involve:
- a redefinition of ammonium nitrate to cover lower percentage composition, and new classes covering self-sustaining decomposition and reject material;
- a new named category for potassium nitrate fertilisers;
- the specification of seven new carcinogens, and raised threshold limits for all carcinogens;
- a new category for petroleum products to include gas oils such as diesel, naphtha, and kerosene including jet fuels with thresholds that are half those of the previous automotive petrol category;
- the redefinition of the classes for explosives;
- lower qualifying thresholds for substances dangerous for the environment; and
- a change to the aggregation rule that is applied to all substances classified as toxic, dangerous for the environment, flammable or oxidising. The amended regulations also broaden the application of COMAH at mines, quarries, boreholes and waste landfill sites, and clarify some requirements in the original regulations. Other amendments are largely administrative, including compliance timescales for establishments affected by the changes, and notification arrangements for petroleum products.
Dr Mike Tonge, Head of the Health and Safety Executive's (HSE's) Major Hazards Policy Group, said: "The changes to COMAH brought about by these amendments reflect the lessons learned from accidents in France, the Netherlands and Romania, and EC recommendations about the major accident potential of high and medium-potency carcinogens and substances dangerous for the environment. "The amendments ensure that COMAH continues to provide a high level of protection by placing appropriate controls on substances with the potential to cause significant damage to human health and the environment. HSE advises all operators of existing COMAH establishments and other businesses that use or handle dangerous chemicals to check whether they will be affected by the changes." The full text of the Control of Major Accident Hazards (Amendment) Regulations 2005 (SI 2005 No. 1088) is available on the HMSO website at www.legislation.hmso.gov.uk Additional information about chemicals and COMAH can be found on the HSE website at
NOISE AND VIBRATION REGULATIONS HIT THE ROAD
The Health and Safety Executive (HSE) and the EEF the manufacturers' organisation - will jointly be running a series of noise and vibration roadshows across Great Britain in September and October 2005. At work, over 1.1 million people are at risk from high levels of noise and about 1.7 million people are at risk from Hand Arm Vibration (HAV). New EU-based regulations for the control of risks in the work place from vibration come into force in Great Britain from July 2005, and noise regulations will be updated in early 2006. The planned roadshows are to advise employers of the changes taking place. The regional events are aimed at company risk managers, which include, amongst others, managing directors, production managers, health and safety advisors and safety representatives. Those who attend will hear what the new regulations will mean in practice, get an insight into practical risk management, and find out what they need to do to arrange effective health surveillance for exposed employees. Mike Shepherd, HSE's Noise and Vibration Programme Manager said: "Noise and vibration are major health risks for millions of workers throughout Great Britain, and the new regulations provide a sound framework for tackling these problems effectively. "The aim of the roadshows is to show employers that these new regulations are quite straightforward and workable. They will provide us with the chance to explain the new regulations in more depth, to demonstrate practical solutions and to answer questions employers and others may have." Steve Walter, EEF's health and safety policy adviser, said: "We plan to make the roadshows informative and engaging. It is important that employers get the opportunity to talk to experts in HSE and ask questions about issues that concern them. The issues on vibration are very topical at the moment and we want a real dialogue and exchange between the audience and the experts to take place. We welcome our member companies but also other employers, members of trade associations and safety representatives." Dates for Noise and Vibration Road Shows 2005 Glasgow 27 September Sheffield 28 September Hook (Near Basingstoke) 29 September Hadleigh (Near Ipswich) 4 October Belfast 5 October Wales (Bridgend) 1 November London 3 November Washington (Near Newcastle) 7 October Birmingham 14 October Warrington 18 October Leeds 19 October Barleythorpe (Near Leicester) 20 October Enquiries: HSE InfoLine, 0845 345 0055, visit: www.hse.gov.uk/contact or write to: HSE InfoLine, Caerphilly Business Park, Caerphilly CF83 3GG.
BUSINESS LOSES 4.9 MILLION DAYS A YEAR TO WORK-RELATED BACK PAIN - HSE LAUNCHES CAMPAIGN TO MAKE BAD BACKS 'BETTER BACKS'
British business loses an estimated 4.9 million days to employee absenteeism through work-related back conditions each year, with each affected employee taking an average of 19 days off work, according to the latest figures from the 2003/4 Labour Force Survey. The charity BackCare meanwhile estimates the overall cost of back pain - to the NHS, business and the economy - at £5 billion per year. Against this background the Health and Safety Executive (HSE) is launching its 'Better Backs' campaign on 6th June. The campaign will offer concise, practical tips on how to avoid back-related injuries in the workplace to both businesses and employees via a dedicated microsite (www.betterbacks.hse.gov.uk) and helpline 0845 345 0055. Visiting the North East Lord Hunt, Work and Pensions Minister said: "Occupational ill health and injury accounts for 40 million working days lost with back pain alone accounting for 4.9 million. The effects on those business and individuals is almost incalculable. Its not only impacting on business' profits it is affecting productivity and stopping employees' enjoying their social life. Everyone needs to take responsibility for tackling this issue, and by taking simple, sensible precautions in work and at home we can collectively work to reduce the misery of back pain." The prevalence of work-related back conditions is fairly even across the countries and regions of Great Britain, with around one person in every hundred affected. Only the North East has a clearly higher rate, perhaps due to its history of coalmining and other heavy industry. There is a misconception that preventative health and safety initiatives are costly and difficult to implement, but in fact many are extremely cost effective and will save businesses from losing revenue through staff absenteeism, as well as increasing productivity." The full findings from SWI03/04 were published on 26 May 2005 and can be accessed on the HSE website: http://www.hse.gov.uk/statistics/causdis/swi0304.pdf
TOWER CRANE ACCIDENT AT CANADA SQUARE
The Health and Safety Executive (HSE) has recently completed its exhaustive investigation into the collapse of a Wolff 320 BF tower crane at Canada Square, London, E14 on 21 May 2000 in which three workers were killed. A public report, available today, explains that despite a very technical and complex investigation involving HSE inspectors, the Metropolitan Police, the Health and Safety Laboratory, lifting specialists and external experts, there is no conclusive explanation for the incident. Following a detailed independent review of evidence, HSE has decided that there is insufficient evidence to support any enforcement action in relation to this tragic incident and it is not in the public interest to bring a prosecution in relation to other matters. HSE appreciates that this decision may disappoint the families of those who died. Michael Whittard, an erection supervisor from Leeds, Martin Burgess an erector from Castleford, and Peter Clark, a crane driver from Southwark, south London, were part of a team who were in the process of using a large 'climbing frame' incorporating a hydraulic lifting device to raise the height of the tower crane when the incident occurred. They fell more than 120 meters when the top of the crane and the climbing frame overturned as they were approaching the end of a weekend of climbing operations on this and a sister crane on the site. Two other members of the crew escaped into the tower of the crane and survived. Commenting on the announcement, Rosi Edwards, acting Chief Inspector of Construction said: "While we have been unable to prove how or why this tragic incident occurred, the comprehensive investigation has identified a number of actions that industry need take avoid risk further incidents. "In June 2000 HSE served an enforcement notice on Hewden Tower Cranes Ltd, ordering examination by 'competent person all their Wolffkran external climbing equipment for use Great Britain. also approached other companies at time, check any being used satisfied requirements thorough examinations under lifting regulations. 2003 published discussion paper explained concerns about crane systems. Work now undertaken British Standards Institute will lead Standard BS 7121: Part 5 revised and improved approach future. is underway Construction Research Information Association guidance stability relevant CEN ISO committees are considering lessons learnt might be reflected standards. I urge consider issues discussed report ensure such operations effectively managed. Meanwhile, my thoughts with families Mr. Whittard, Mr.Burgess Clark full can viewed www.hse.gov.uk safe frames/discussion.pdf
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