Archive for the ‘Health and Safety’ Category

Farm fined £112,500 for harvester fatality

Monday, October 10th, 2011

A farming partnership has admitted failing to carry out a risk assessment prior to maintenance work being carried out on a potato harvester, which resulted in a worker sustaining fatal crush injuries.

Keith Wannan, 34, was replacing rubber sleeves on the rollers of a potato harvester to prepare it for the new harvesting season at Foodie Farm in Foodieash, near Fife, on 6 September 2009. George Orr, one of the partners that owned the farm, GJ Orr of Foodieash, assisted him.

In order to replace the sleeves, the rollers had to be removed and then reinstated in the harvester. To help them re-install the rollers in the correct place, Orr powered up the harvester by connecting it to a tractor. He then left Mr Wannan to complete the job but, when he returned 90 minutes later, he found the worker trapped inside the rollers. The emergency services cut Mr Wannan free and transported him to hospital, but he was pronounced dead on arrival.

The HSE’s investigation found that the guard on top of the rollers was open. It is believed that Mr Wannan was working on top of the machine and either fell, or accidently stepped through the gap. He was drawn through the rollers and crushed to death.

HSE inspector Peter Dodd told SHP that GJ Orr failed to carry out a risk assessment before starting the maintenance, which would have identified that the work should have been done when the harvester was isolated from a power source. The partnership was issued an Improvement Notice, which required it to undertake a risk assessment.

Inspector Dodd said: “Mr Wannan went to work that day fully expecting to come home safe – but, now, his partner and his family have to come to terms with their loss.
“If GJ Orr had taken simple steps to protect their employees by thinking about hazards and risks, putting measures in place to prevent their employees being able to come into contact with dangerous parts of the harvester, this incident would not have happened.”

GJ Orr appeared at Cupar Sheriff Court on 15 September and pleaded guilty to breaching s2 of the HSWA 1974 and was fined £112,500. No costs were awarded, as the case was heard in Scotland. In mitigation, the company said it had no previous convictions and it complied with the Improvement Notice by acquiring the services of a health and safety consultancy to carry out a risk assessment. It also said it believed Mr Wannan knew how to conduct the task safely, as he had previously worked for the company that supplied the machine. But the company accepted it had failed to ensure he was properly trained and competent to do the work.

After the hearing, inspector Dodd added: “This case should act as a timely reminder to farmers of the very real dangers posed by their machinery when they are preparing it for harvesting, undertaking repairs or maintenance, or attempting to clear blockages.”

Stephen Smith Director of Sphere Risk Health & Safety Management Ltd added: “a risk assessment is an essential tool in mapping out the safest and most logical approach to maintenance operations, it is not simply a paperwork exercise but a valuable communication tool”.

Workplace deaths increase by 16% in Coalition government’s first year

Tuesday, July 5th, 2011

workplaceThe number of people killed at work in Britain last year rose by 16 per cent, prompting renewed calls on the Government to rethink its strategy to reduce health and safety activity and resources.

Provisional figures released by the HSE yesterday (28 June) revealed that 171 workers died in 2010/11 – up from the record low of 147 deaths in 2009/10. The construction industry recorded 50 deaths among its workers – an increase of 22 per cent on last year’s total of 41 fatalities. In the agriculture sector, which, along with construction, is traditionally the most dangerous in which to work, deaths fell from 39 last year to 34 in 2010/11.

HSE chair Judith Hackitt admitted that the increase was “disappointing” but was keen to emphasise that Britain still has one of the lowest rates of fatal injury anywhere in Europe. Calling on all stakeholders to continue to focus on “real risks and not on trivia and pointless paperwork”, she said: “We all have a role to play – employers, employees and regulators – and leadership is fundamental to maintaining and improving our performance even further.”

General Secretary, Brendan Barber: TUC , while agreeing that the responsibility for the rise in fatalities “must be placed at the door of negligent employers”, was adamant that more needs to be done by the Government to ensure workers are protected.

His comments were echoed by IOSH, which said that as the economy recovers and industry picks up it is “essential” to maintain inspection levels, increase awareness and ensure access to reliable information and advice. Head of policy and public affairs Richard Jones commented:

“We are disappointed and concerned with the overall increase in fatalities, particularly the growth in the construction and waste and recycling sectors. Cuts mustn’t cost lives and one death is too many.”

The Hazard Campaign said: “Nationally, there were 47 deaths in the services sector, 34 in agriculture, and 27 in manufacturing – all sectors that will soon be free of unannounced, proactive inspections that spot hazards before they kill someone, but which [Employment minister] Chris Grayling has scrapped.” However, the minister countered with the assertion that “the reforms will ensure that action is better targeted on those who irresponsibly put workers and the public at risk”. The statistics can be viewed on the HSE website at www.hse.gov.uk/statistics/fatals.htm

Stephen Smith. Director of Sphere Risk Health & Safety Management Ltd states “the 35% cut in HSE funding by the present Coalition allied with the previous Governments roll back of funding is starting to highlight some alarming trends, it will not be long before we are back to pre 2000 fatality figures. Its about time everybody understood that these statistics are people who have families and loved ones, and we the Tax Payer pick up over 80% of the total costs of any workplace accident, not the reckless employer.”

If you have a safety related question please email steve@sphererhsm.co.uk or sign up to our regular twitter feed @sphererhsm

EU orders UK to tighten asbestos laws | 01733 894582

Monday, February 28th, 2011

This article appeared in the Safety & Health Practitioner newsletter, February 2011.
Brought to you by Sphere Health and Safety Peterborough.

asbestosThe European Commission has requested that the UK amend its regulations on asbestos at work because they do not comply fully with the parent EU Directive.

Delivered in the form of a reasoned opinion under EU infringement procedures, the Commission wants the UK to change provisions in its legislation that exempt some maintenance and repair activities from the application of the EU Directive on the protection of workers from asbestos.

It follows a complaint received by the Commission that Article 3(3)(a) and (b) of the asbestos Directive 2009/148/EC has not been correctly transposed into UK law. Article 3(3) offers the possibility for an exemption from three obligations set out in the Directive for activities that involve only sporadic and low-intensity exposure to asbestos – for example, in the case of some maintenance and repair activities.

However, in the Commission’s view, the UK law omits specific parts of Article 3(3)(a) and (b), and so widens the scope of the exemption. The Commission says the UK legislation focuses on the measurement of exposure to asbestos but not enough on how the material can be affected by the work involved. The Directive deals with both exposure and the material.

UK has two months or else face EU Court of Justice

The UK now has two months to bring its legislation into line with EU law, or risk the matter being referred to the EU’s Court of Justice.

Commenting on the development, TUC general secretary, Brendan Barber, said: “This is another nail in the coffin of the myth that the HSE has been ‘gold-plating’ regulation. European regulations are there to protect workers, and governments should see them as being minimum standards rather than trying to weasel out of their commitments.”

Alan Ritchie, general secretary of construction-workers’ union UCATT, added: “Construction workers, especially those involved in maintenance work, are now at the greatest risk of being exposed to asbestos and developing asbestos-related diseases.

“It is essential that they are given the greatest possible training, education and protection when it comes to dealing with asbestos. UCATT’s advice is clear: if you are not a specialist, do not work with asbestos. If, at any point, you think you are working with asbestos, stop work immediately and get it checked out.”

A spokesperson for the HSE told SHP: “The reasoned opinion is a long and complex legal document and we need to look at it carefully before we decide how to respond.”

ls your Health and Safety Consultant up to the Governments standard

Friday, December 17th, 2010

THE Government has tasked LordYoung to ensure Safety Consultants provide proportionate and sensible advice to SMEs. The Health and Safety Executive has confirmed that a new national register of occupational safety consultants will be set up to help employer’s access good quality, proportionate advice…

Click here to download the full article >>

Sphere RHSM Ltd one of the few that meets the Governments safety consultancy standards

Monday, November 22nd, 2010

Sphere RHSM Ltd fully agrees with Lord Youngs approach on practical and realistic health and safety advice and is proud to be one of the first safety consultancies to sign up to and be accredited for the new Occupational Safety Consultants Register (OSCR).

Our Chartered members have individually over 10 years of safety experience in a diverse safety field. We offer a service that is focussed on the customers needs, whilst at the same time ensuring employee safety and legal compliance.

Our approach is to provide safety advice and actions that are required, in a simple format so that all levels of staff can understand and then take that knowledge and understanding and apply it in their workplace. This is a team based business service and needs to be applied so.

Sphere RHSM Ltd will go live on the register in late January early February and be one of the first consultancies to register and be accredited.

You can learn more about the OSCR by clicking on the link

If you require more information then please contact us on 01733 894582 within 24 hours

Health Safety Cambridge

Wednesday, July 14th, 2010

healthsafety1Modern occupational safety and health legislation usually demands that a risk assessment be carried out prior to making an intervention. Sphere Risk Health and Safety Management are aware that risk management requires risk to be managed to a level which is as low as is reasonably practical. This health safety Cambridge assessment by Sphere Risk Health and Safety Management should identify the hazards; identify all affected by the hazard and how; evaluate the risk and identify and prioritize appropriate control measures.

Occupational health and safety is a cross-disciplinary area concerned with protecting the safety, health and welfare of people engaged in work or employment. Sphere Risk Health and Safety Management’s occupational health and safety Cambridge risk assessment is to foster a safe work environment. As a secondary effect, it may also protect co-workers, family members, employers, customers, suppliers, nearby communities, and other members of the public who are impacted by the workplace environment.

The reasons for establishing good occupational health and safety standards are frequently identified as: moral, an employee should not have to risk injury or death at work; economic, poor occupational health and safety performance results in cost to the State (e.g. through social security payments to the incapacitated, costs for medical treatment, and the loss of the “employability” of the worker). A health safety Cambridge assessment will help to keep these costs to a minimum.

healthandsafety2Employing organisations also sustain costs in the event of an incident at work (such as legal fees, fines, compensatory damages, investigation time, lost production, lost goodwill from the workforce, from customers and from the wider community). There are also legal implications, occupational requirements may be reinforced in civil law and/or criminal law; it is accepted that without the extra “encouragement” of potential regulatory action or litigation, many organisations would not act upon their implied moral obligations. A health safety Cambridge assessment will show the employing organisation exactly where these problems may occur.

In the UK, health and safety legislation is drawn up and enforced by the Health and Safety Executive and local authorities (the local council) under the Health and Safety at Work Act 1974. Increasingly in the UK the regulatory trend is away from prescriptive rules, and towards risk assessment. Recent major changes to the laws governing asbestos and fire safety management embrace the concept of risk assessment. A hazard is something that can cause harm if not controlled, with the outcome the harm that results from an uncontrolled hazard. A risk is a combination of the probability that a particular outcome will occur and the severity of the harm involved. Sphere Risk Health and Safety Management will identify all risks and hazards during their health and safety Cambridge risk assessment.

The assessment should be recorded and reviewed periodically and whenever there is a significant change to work practices. The assessment should include practical recommendations to control the risk. Once recommended controls are implemented, the risk should be re-calculated to determine of it has been lowered to an acceptable level. Generally speaking, newly introduced controls should lower risk by one level, i.e, from high to medium or from medium to low.

Occupational health and safety Cambridge has come a long way from its beginnings in the heavy industry sector. It now has an impact on every worker, in every work place, and those charged with managing health and safety are having more and more tasks added to their portfolio. The most significant responsibility is environmental protection. The skills delivered by Sphere Risk Health and Safety Cambridge Management to manage occupational health and safety are compatible with environmental protection and all current legislation.

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