Health & Safety Newsletter From the Health and Safety Executive Issue 36 Numbers are falling The latest HSE statistics have revealed a fall in the number of workers killed in Britain last year. Horror stories from the farm It is the only high-risk industry that has to deal with the constant presence of children Slippery when wet An enquirer asked for some fish to be filleted at a counter in a supermarket, and was refused because ‘fish is too slippery’. Contents A full list of the articles in this issue. Latest statistics show numbers are falling in fatal injuries to workers 3 Click on the red button to request a subscription to Newsletter in the future Health & Safety Newsletter www.hse.gov.uk If you are viewing Newsletter in your browser and access one of the links within it, please use the back button in the top left-hand corner of the screen to return to Newsletter, rather than the close button in the top right-hand corner. Health & Safety Newsletter Numbers are falling in fatal injuries From the Health and Safety Executive Issue 35 New law poster reminder Myth busting How some half-baked decisions take the biscuit. We look at a year of myth busting. 3 Looking forward to the future How horizon scanning today will help us be healthier and safer tomorrow. 5 Fast-growing readership for Newsletter Health surveillance made easier HSE launches new online guidance. Contents A full list of the articles in this issue. Getting in a flap(jack) over health and safety 6 3 Horror stories from the farm Blaming health and safety is no yoke! Making life easier 11 It’s a big issue Construction site safety 18 In the dock 13 FAQs _ guidance for agency workers Chair’s blog _ lessons from a tragedy What’s new _ construction dust dangers 2 Issue 36 The welcome fall in numbers comes from the annual fatal injury stats. The latest figures reveal that 148 workers were killed between April 2012 and March 2013, compared to 172 in the previous year. Click on the red button to request a subscription to Newsletter in the future Sounds a bit fishy to us 10 We’ve got good news on numbers in this issue. Some figures are going up and some are going down. And both trends make encouraging reading. That’s still 148 people who went to work one day and never returned. It’s still 148 funerals and 148 devastated families but the fact that it’s fewer than the year before has to be a good thing. And while one number has dropped, another has soared. Yes, as our story on page 5 reveals, you are reading one of the fastest-growing newsletters to be issued by a government department in Europe! It’s reassuring to see there are so many discerning people out there… Don’t forget to tell your colleagues, business partners or anyone with an interest in health and safety to sign up for their free subscription (just forward them a copy and they can sign up via the red button on the cover). Many thanks to those who take the time to get in touch – it’s good to know you enjoy our mix of news, tips, myths and guidance. Please keep the feedback coming – email me at Newsletter@hse.gsi.gov.uk Colette Manning Editor Produced in-house by HSE Health & Safety Newsletter www.hse.gov.uk New statistics show numbers are falling in fatal injuries to workers The latest HSE statistics have revealed a fall in the number of workers killed in Britain last year. lIn mining and quarrying 2 workers were killed, compared to an average of 6 deaths for the previous five years. lThere were 20 fatal injuries to workers in manufacturing, lower than the five-year average of 28. lThere were 10 fatal injuries to workers in waste and recycling, higher than the five-year average of 6 but subject to considerable yearly fluctuations. lThere were 39 fatal injuries to workers in construction, 26% lower than the average figure of 53. lThere were 46 fatal injuries to workers in services, compared to the average for the past five years of 50. lThere were 423 members of the public fatally injured in accidents connected to work. Of these deaths, 310 (73%) related to incidents occurring on railways (including acts of suicide or trespass). Find out more at: http://www.hse.gov. uk/statistics/fatals.htm Provisional data shows that 148 workers were fatally injured between April 2012 and March 2013, compared to 172 in the previous year. The overall rate of fatal injury has dropped to 0.5 per 100 000 workers, below the five-year average of 0.6. Britain has had one of the lowest rates of fatal injuries to workers in leading industrial nations in Europe consistently for the last eight years. The numbers by sector lThere were 29 fatal injuries to workers in agriculture, compared to the average of 36 for the previous five years. 3 Issue 36 CONTENTS Health & Safety Newsletter www.hse.gov.uk Law poster reminder Simplifying RIDDOR Don’t forget, the life of the old health and safety law poster comes to an end on 5 April 2014. Details of proposed changes that will simplify the mandatory reporting of workplace injuries for businesses have been announced by HSE. Changes to the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) 1995 will clarify and simplify the reporting requirements, while ensuring that the data collected gives an accurate and useful picture of workplace incidents. After that date, employers must either give their staff a copy of a pocketcard or leaflet – both of which are free to download from HSE’s website – OR display the newer version of the poster, launched in 2009. To allow businesses time to familiarise themselves with the changes, HSE has published information to support dutyholders with the requirements which, although on track for implementation from October, remain subject to Parliamentary approval. The changes will require fewer incidents to be reported overall and could result in a net benefit to business of £5.9 million over a ten-year period. Why the change? You can find out more about the proposed changes at: http:// www.hse.gov.uk/riddor/october-2013-changes.htm It’s part of HSE’s commitment to make health and safety information more accessible. HSE job opportunties Also, these updated versions reflect changes in the law which reduce the administrative cost to employers of having to provide and maintain additional written information on the poster/leaflet. 4 Issue 36 The newer version (above) replaces the old poster (right) More information Find out more, including how to download the free leaflet/pocketcard or buy the poster: http://www.hse. gov.uk/contact/faqs/lawposter.htm HSE currently has a range of specialist engineer and scientist job opportunities, both on and offshore, in high-hazard industries. The vacancies are in a range of locations all over the UK, including Liverpool, Aberdeen and Cheltenham. Find out more at http://www.hse.gov.uk/careers/jobprofiles. htm CONTENTS Health & Safety Newsletter www.hse.gov.uk Fast-growing Newsletter It’s official! You are currently reading one of the fastest-growing newsletters issued by a government department in Europe. If you haven’t already signed up to receive regular free copies of this newsletter, it couldn’t be easier. Just type in your email address at: http:// www.hse.gov.uk/pubns/books/ newsletter-subscribe.htm According to the latest digital communications report from govdelivery. com (an email subscription management organisation), the Health and Safety Newsletter showed one of the largest percentage increases during 2012. The H&S Newsletter is just one of 110 HSE eBulletins, subscribed to by over 180 000 people across the UK and the world, covering a wide range of health and safety topics and workplaces. See the full list at: http://www.hse. gov.uk/news/subscribe And with more and more subscribers regularly signing up to receive this free newsletter, that growth should be set to continue. Health & Safety Newsletter You can see the full report and find out which other topics have growing public interest here. From the Health and Safety Executive Issue 34 Drama on the cobbles Millions see the silent killer attack Coronation Street’s Fiz sletter w e N y t e Saf Health & alth and He From the ecutive Safety Ex Vomiting Larry Vomiting Larry goes viral and makes a big splash around the world. Small businesses Life is now a bit easier for small businesses who need health and safety advice quickly, simply and free of charge. ure to the fut p us forward will hel Looking scanning today w. izon How hor er tomorro er and saf be healthi 3 Click on the red button to request a subscription to Newsletter in the future Health & Safety Newsletter From the Health and Safety Executive Issue 33 Fee for Intervention Find out more about HSE’s new charging regime, which came into force on October 1. Getting alth he ack) over in a flap(j y and safet 3 Have your say issue. Act quickly if you’ve got a view on proposed changes to RIDDOR and plans to exempt certain self-employed people from health and safety law. Help with work-related stress on to the red butt n to Click on ptio a subscri re request in the futu Newsletter Download our free tool Contents A full list of the articles in this issue. FFI – what you need to know 5 Issue 36 HSE published the National Local Authority Enforcement Code in May following a public consultation. Local authorities are expected to target proactive inspections on highrisk activities in specified sectors or on workplaces where intelligence suggests that risks are not being effectively managed. A listing of the activities and sectors suitable for inspection is published along with the Code. More information about the National Code can be found on HSE’s website: http://www.hse.gov.uk/lau/ publications/la-enforcement-code. htm A full list of the articles in this issue. Coronation Street storyline has saved lives r de easie nce ma surveilla ine guidance. Health onl nches new HSE lau Contents cles in this of the arti A full list A new code has been launched to improve the targeting of health and safety inspections – ensuring that local authority checks are more focused on serious risks and poor performers. Contents Issue 35 sting ns take the Myth bu ked decisio th busting. e half-ba year of my How som look at a biscuit. We Better targeting 3 Click on the red button to request a subscription to Newsletter in the future Views wanted HSE has launched a consultation on changes to the content of an asbestos-related Approved Code of Practice (ACOP) that will consolidate two existing documents. The consolidated draft is now subject to a 12-week consultation ending on 30 September 2013. Depending on the outcome of the consultation and ministerial approval, the ACOP is due to be published by the end of the year. A consultative document and draft version of the consolidated ACOP are available online at: http://www.hse. gov.uk/consult/condocs/cd255.htm CONTENTS Health & Safety Newsletter www.hse.gov.uk Horror stories from the farm Agriculture has one of the highest fatal injury rates of any industry in Great Britain. And, as farms are homes as well as workplaces, it is the only high-risk industry that has to deal with the constant presence of children. Sadly, there is no shortage of tragic examples of what can go wrong. On the next page are some real-life examples of deaths and injuries to children on the farm – and they could all have been avoided if some basic steps had been taken, as detailed in a new HSE leaflet called Preventing accidents to children on farms. Continues on page 7 6 Issue 36 CONTENTS Health & Safety Newsletter lA 4-year-old had been riding in the cab when her mother arrived in the field to take her home. As the girl went to join her mother, her father drove off and ran her over, killing her. lA young girl fell out of a tractor cab as it drove on the road. The tractor went over a bump, causing her to lose her balance, strike the door handle and fall through the opening door. She needed 30 stitches in her head, fractured her pelvis, punctured her bladder and was temporarily paralysed. Children are not safe simply because they are in a cab – they can and do fall from cabs through doors which open accidentally, through rear windows, or during emergencies. It is illegal to allow a child under 13 to be carried on a tractor or similar machine. lA 12-year-old boy drove an all-terrain vehicle (ATV). He swerved to avoid a ditch and the ATV toppled over. He fell off, was trapped beneath the vehicle and drowned in the ditch. The brakes were later found to be faulty. 7 Issue 36 It is illegal for children under the age of 13 to drive an ATV or quad bike for work. It is also illegal to carry a child as a passenger. www.hse.gov.uk lSeveral children were being carried on a bale trailer. One was sitting with his legs dangling over the side of the trailer, and as it went through a gateway, one leg was crushed between the gatepost and the trailer. Children under 13 years old may only legally ride on a trailer, or on a load carried by a trailer, if there are adequate means, such as edge protection, to prevent them falling from it. The same standards of protection should be adopted for older children. lA 9-year-old boy was pulled feet first into a forage harvester, losing a leg. He had been left unsupervised near the stationary machine, which was left running. Children are attracted to machinery and often fail to appreciate the dangers involved. Keep unaccompanied children away from farm activities and make sure that all machinery is properly guarded. Do not allow children to help you and do not leave a child in, on, or near machinery, including tractors etc. lA 7-year-old girl was playing on her own in the farmyard near an uncovered full grain pit, which was being emptied by an auger. The child fell into the pit and drowned in the grain. Many child deaths on farms result from drowning in water, slurry or grain when children get into areas such as grain stores, effluent tanks and sheep dips. Do not underestimate the curiosity of children and their ability to get into seemingly inaccessible places. lA 15-year-old boy on a work experience scheme was helping a farmer clean out grain bins. The farmer was also supervising the loading of two lorries in the yard. While loading the first lorry, the farmer and lorry driver heard the boy shout. They rushed into the grain store and found him partially buried in a grain bin but could not rescue him. Before employing a child of compulsory school age (normally under 16) to undertake any work activity, the employer must tell a parent of the child the findings of the risk assessment and how any risks identified will be controlled. This is as well as any licensing requirements imposed by the local education officer. Download a free copy of Preventing accidents to children on farms. Find out more at: http://www.hse.gov.uk/ pubns/indg472.htm CONTENTS Health & Safety Newsletter Sounds a bit fishy to us... www.hse.gov.uk In every issue of the H&S Newsletter, we feature the latest cases to go before the Myth Busters Challenge Panel. A recent case featured a particularly slippery excuse. Issue Case 178 An enquirer asked for some fish to be filleted at a fish counter in a supermarket, and was refused because ‘fish is too slippery’ The enquirer wanted to purchase filleted trout in her local supermarket. None was available pre-packed so she asked the assistant on the fresh fish counter if he could fillet some from a whole fish. He agreed but then his supervisor intervened saying that this wasn’t possible on the grounds of health and safety because the fish are too slippery. The enquirer noted that on the supermarket website it states ‘just ask if you’d like your fish skinned or filleted’. Panel decision More examples If you want to read more examples of when the health and safety excuse has been wrongly used, all the cases so far considered by the panel are available at mythbusters. Other recent cases include the school sports day which was postponed due to dew on grass and a customer who was refused the service manual for his new appliance on health and safety grounds. While fish filleting requires the person to know how to use knives safely, it is reasonable to expect this service to be available at a fishmonger’s counter in a supermarket, especially when the website advertises the service. Slippery fish are a fact of life! The panel’s view is that this is yet another example of poor customer service hiding behind the health and safety excuse. What is the Myth Busters Challenge Panel? HSE’s Myth Busters Challenge Panel was set up in 2012 to provide quick advice to people subject to ridiculous or disproportionate health and safety decisions by insurance companies, local authorities, employers and overzealous jobsworths. It is chaired by HSE Chair Judith Hackitt and includes independent members who represent a range of interests including small businesses, public safety and trade unions. The Panel has received over 200 cases since it was launched with nearly all rulings finding a decision was made without having any basis in health and safety law. (More ‘Mythbusters’ on page 9) 8 Issue 36 CONTENTS Health & Safety Newsletter www.hse.gov.uk Blaming health and safety is no yoke! Case 194 Department store restaurant bans fried eggs due to health and safety issues Issue The enquirer visited a department store restaurant with friends for breakfast and were told they couldn’t have fried eggs because of ‘health and safety issues’. Puzzled at this remark, they enquired further. They were told it was because someone in another store had left a pan on the heat while frying eggs, causing a fire. Therefore, the decision was made to stop supplying fried eggs in all store restaurants. Panel decision This is a classic case of an over-the-top (and misguided) response to a problem. The department store chain decided to stop the sale of fried eggs in all of their restaurants as a result of a fire when a pan overheated in one kitchen. Banning the sale of fried eggs will not stop other pans being overheated if staff do not take appropriate care! Fire is a risk when cooking but one that can be easily managed. The store has now clarified that this was not a health and safety decision at all but a matter of company policy. See more myths at mythbusters. 9 Issue 36 CONTENTS Health & Safety Newsletter Making life easier Updated guidance has been unveiled by HSE which will make it easier for larger organisations and business leaders to understand how they can comply with health and safety regulations. A new edition of Successful health and safety management (HSG65) will be published later this year by HSE. Until the new edition is produced as a hard copy publication, this refreshed HSG65 guidance has been made available by HSE online, as a series of webpages in four main parts at Managing for health and safety www.hse.gov.uk HSE’s guidance on managing for health and safety has moved from using the POPMAR (Policy, Organising, Planning, Measuring performance, Auditing and Review) model to a ‘Plan, Do, Check, Act’ approach. The move towards ‘Plan, Do, Check, Act’ achieves a better balance between the systems and behavioural aspects of management. It also treats health and safety management as an integral part of good management generally, rather than as a stand-alone system. Who is it aimed at? The first two parts of the refreshed HSG65 are targeted at business leaders, owners, trustees and line-managers, while the third part will be particularly useful to those who need to put in place or oversee their organisation’s arrangements for health and safety, eg health and safety managers. It will also be useful to workers and their representatives. Plan, Do, Check, Act ‘Delivering effective arrangements’ is the newest and most significant part. It introduces the Plan, Do, Check, Act framework, identifying the key actions needed in each part of that cycle and relating them back, where appropriate, 10 Issue 36 to leadership, management, worker involvement and competence. So if you are looking for information on how to manage risks in your business, HSE’s website has a suite of guidance that will be able to help, by offering appropriately targeted information focused on making compliance as straightforward as possible. If you need basic information or are getting started in managing for health and safety, then the best place to look is Health and safety made simple: The basics for your business. Guidance on controlling risks from specific topics can be found in The health and safety toolbox: How to control risks at work. The revised and enhanced online version of HSG65, entitled Managing for health and safety is now available online, divided into four main parts: lCore elements of managing for health and safety lAre you doing what you need to? lDelivering effective arrangements lResources Find out more at: Managing for health and safety. CONTENTS Health & Safety Newsletter www.hse.gov.uk It’s a big issue but you won’t be able to see it! It’s so small you can’t see it with the naked eye… but it’s got a big future. We put nanotechnology under the magnifying glass. What is nanotechnology? Nanotechnology involves working with any technology which uses materials and structures that have at least one dimension of less than 100 nm (a human hair, see right, is about 80 000 nm wide). It’s a fast growing area with nanomaterials already being used in a wide range of commercial products, from self-cleaning windows to cosmetics and medicines. David Willets, the Government’s nanotechnology ‘Champion’ has included nanotechnology in his ‘eight great technologies’ which he thinks will propel the UK into future growth, with a 11 Issue 36 wide scope for its potential application in areas such as improved energy storage, faster computer systems and remediation of polluted soil, air and water. What’s it got to do with health and safety? With all new technologies, unique risks may arise. Materials in the nano-form can react differently from the bulk form, so what we know about their characteristics in the bulk form may not necessarily apply. HSE has responsibility for the occupational use of nanomaterials. To ensure that we keep abreast of this emerging area, we have built successful partnerships across government, academia and industry to develop a sensible, risk-based approach for the regulation of nanotechnologies. We have recently produced new guidance ‘Using nanomaterials at work’ aimed at smaller businesses. Also, through partnership work with the UK NanoSafety Group, we have gained a better understanding of the use and development of nanotechnology in academia. This group have produced their own guidance for academia with input from HSE, and have recently expanded to include industry representatives, which will give us further insights. Overall, HSE is well-placed to deal with the challenges arising from these emerging technologies. Where can I find out more? There’s a lot of activity going on in this area and you can read more about it on the nanotechnology site. CONTENTS Health & Safety Newsletter www.hse.gov.uk National clampdown on construction site safety Poor standards and unsafe work on Britain’s building sites will be targeted during September 2013 as part of an annual initiative aimed at reducing death, injury and ill health in the industry. During the month-long drive, HSE will visit sites where refurbishment projects or repair works are being carried out. Inspectors will make unannounced visits to sites to check that high-risk activities, such as working at height, and work which could result in exposure to harmful dusts, are being properly managed. They will also check that basic welfare facilities, such as toilets and handwashing facilities, are adequate. Despite a welcome reduction in the number of people killed in 2012/13, the latest figures revealed construction workers are nearly four times as likely to be killed at work compared to the average worker. 12 Issue 36 Also, an estimated 70 000 construction workers are currently suffering ill health as a result of their work. The purpose of the campaign is to drive home the message to those working in the industry that poor risk management and a lack of awareness of responsibilities are not only unacceptable, but can cost lives. Heather Bryant, HSE Chief Inspector of Construction, said: ‘Too many people die or are seriously injured every year on Britain’s construction sites as a result of entirely avoidable incidents. Just as importantly, workers are unnecessarily being exposed to serious health risks, such as asbestos or silica dust, which can have fatal or debilitating consequences. ‘Often we find it is smaller companies working on refurbishment and repair work who are failing to protect their workers through a lack of awareness and poor control of risks. ‘This initiative provides a chance to engage with these firms to help them understand what they need to do, so they can put in place the practical measures needed to keep people safe. ‘However we want to be clear, if we find evidence that workers are being unnecessarily and irresponsibly put at risk we will not hesitate to take robust action. Companies who deliberately cut corners will feel the full weight of the law.’ Further information about the initiative and safe working in construction can be found at: www.hse.gov.uk/ construction CONTENTS Health & Safety Newsletter In the dock 1 Police force and firearm officer fined over PC death A police force and one of its officers have been fined for health and safety failings that led to a constable being shot dead. PC Ian Terry, age 32, died after being shot by a colleague during a firearms training session at a disused warehouse in Newton Heath, Manchester, on 9 June 2008. During a training exercise where firearms police officers were practising to apprehend armed criminals from a car, Ian Terry was killed by a colleague using a shotgun. PC Terry was role playing an armed criminal when he received severe injuries to his chest and was pronounced dead at hospital. A training officer responsible for the course _ who was referred to as Constable Francis during the trial to protect his identity _ was found guilty of failing to protect his work colleague. He ran a course with a lethal combination of factors, including the use of live ammunition in an 13 Issue 36 www.hse.gov.uk aggressive scenario. Another firearms trainer, known as Sergeant Eric, was found not guilty. Greater Manchester Police pleaded guilty in March to failing to adequately monitor the training courses its firearms unit designed and ran. At Manchester Crown Court in July, Greater Manchester Police were fined £166 666 and ordered to pay costs of £90 000 for breaching section 2 of the Health and Safety at Work Act. PC Francis was fined £2000 and ordered to pay costs of £500 for breaching section 7 of the Act. Mike Calcutt, HSE Principal Inspector, said: ‘Ian Terry was a well liked and respected police officer, and a loving family man. He was shot and killed on a training exercise in Manchester by one of his colleagues. His death was entirely preventable. Today, PC Francis has been found guilty of failing to protect his colleague by introducing dangerous and reckless elements into a training exercise. ‘Greater Manchester Police accepted its failings and we welcomed their guilty plea earlier this year. PC Ian Terry (left) ‘Today is an important day for Ian’s family, who have suffered an ordeal nobody should have to endure and who have waited patiently in their search for justice.’ PC Terry was married with two children. His widow Joanne said: ‘Ian was an exceptional man _ a brilliant father, husband, son and brother who we will always be proud of. He was the heart of the family and always had a smile on his face. His enthusiasm for life was infectious. He was also a dedicated police officer who loved his job, and his career was progressing well within the firearms division of GMP. ‘The last five years have been horrendous for us. We are a patient and reasonable family and all we have wanted from day one is for those involved in this tragedy to accept their portions of responsibility for what happened to Ian on 9th June 2008. ‘We would like to thank the officers of the Health and Safety Executive who have worked tirelessly over the last five years in pursuit of the truth, and their sensitivity, commitment and diligence which have helped us through this ordeal.’ (‘In the dock’ continues on page 14) CONTENTS Health & Safety Newsletter In the dock 2 Worker burned by hot oil A worker was burned by hot oil when he accidentally knocked a pipe connected to a pressure gauge, releasing the scalding liquid over his shoulder, upper arms, neck and back. Harvey Hopwood, the health and safety manager at potato products manufacturer PAS (Grantham) Ltd, suffered 10 per cent burns to his upper body while he was overseeing the jet washing of a large oil storage tank at the Lincolnshire company on 27 November 2012. Grantham Magistrates’ Court heard that he climbed between the guard rails on the gantry at the top of the tank to check how the work was progressing. As he did so, he knocked a pipe connected to a pressure gauge, which came off and released the oil, which was over 160 degrees Celsius in temperature, over his upper body. Mr Hopwood, 62, of Melton Mowbray, was off work for over a month before later leaving the company. 14 www.hse.gov.uk An HSE investigation found that the company had failed to carry out a risk assessment for the cleaning operation, and instead decided to do the work first and write it retrospectively. PAS (Grantham) Ltd, of Easton, was fined £16 500 and ordered to pay £571 in costs after pleading guilty to a single breach of the Management of Health and Safety at Work Regulations 1999. After the hearing HSE inspector Judith McNulty-Green said ‘The whole point of a risk assessment is to ensure the risks associated with a particular task are considered and measures put in place to mitigate against them in order to keep workers safe. ‘To carry out the work first and then write the assessment afterwards is foolhardy to say the least. ‘Mr Hopwood was extremely fortunate not to be more seriously injured. If it hadn’t been for the incredibly quick actions of colleagues who dragged him to an emergency shower this incident may have had a very different outcome.’ Information about risk management is available at www.hse.gov.uk/risk (‘In the dock’ continues on page 15) Issue 36 CONTENTS Health & Safety Newsletter www.hse.gov.uk In the dock 3 In the dock 4 In the dock 5 Self-employed maintenace worker carries out illegal gas work Employee hit by metal ring Entangled in unguarded lathe A 70-year-old, selfemployed maintenance worker has been fined for carrying out illegal gas work at a café and restaurant in St Austell, exposing customers and workers to the risk of injury. A West Lothian engineering firm Oil States Klaper has been fined £40 000 for safety failings after an employee suffered life-threatening injuries when he was hit by a 400 kg metal ring being propelled toward him under high pressure. A Somerset tyre services company has been fined after a labourer was injured when his trousers became entangled in an unguarded lathe. Alistair ‘Nick’ Clyne, trading as Clyne Catering, of Gwindra Industrial Estate, St Austell, was prosecuted at Bodmin Magistrates Court for carrying out illegal gas work on appliances. The court heard that Mr Clyne was not registered as qualified with Gas Safe and had been warned by HSE in September 2012 not to carry out any gas work while unregistered. HSE found that Mr Clyne carried out the work at 15 Issue 36 Pit Stop Snacks in St Austell, repairing a liquid petroleum gas (LPG) deep fat fryer and water boiler. He also carried out gas work at Simply Jude’s restaurant in Pentewan, converting gas appliances to LPG and installing new gas pipework and gas appliances. David Humphries, 70, sustained bruising and minor injuries to his right leg, arm and rear in the incident. Sadly, he suffered a heart attack and died shortly afterwards. Mr Clyne’s illegal work came to light when the restaurant owner became concerned about the poor workmanship and called in a gas catering company to check the work. Kenneth Hunter, 33, had to have surgery to repair severe fractures to his face and collarbone. He was left with permanent scarring to his face and could not work for 18 months. He pleaded guilty to breaching gas safety regulations and was fined £375 and ordered to pay costs of £1000. Mr Clyne was also ordered to pay the restaurant owner £800 in compensation. Read about more HSE court cases at: http://www.hse.gov.uk/press/press.htm Tyre Renewals Ltd was fined £9000 and ordered to pay £16 302 in costs. CONTENTS Health & Safety Newsletter www.hse.gov.uk Does guidance for new starters also apply to agency workers? FAQs Did you know there’s a range of frequently asked questions (and answers) on HSE’s website? Subjects covered range from break entitlement to the number of toilets a workplace should have. You can see all the questions here but, meanwhile, here’s a typical question and answer. Employers have obligations towards agency workers who are new starters, just as they do towards employees. Employers will need to share information with the agency to ensure they select workers who are suitable. This includes information about: lspecial occupational qualifications or skills required for workers to be able to carry out their work safely; lhealth and safety risks, and what has been done to prevent or control them. More information You can find more information about working effectively in cooperation with agencies on the GOV. UK website: Agency workers: your rights. You can read more FAQs on a range of workplace health and safety matters at: http://www.hse.gov,uk/ contact/faqs/index.htm. 16 Issue 36 CONTENTS Health & Safety Newsletter Blog HSE Chair Judith Hackitt regularly looks at developments in the world of health and safety in a series of blogs on HSE’s website. You can read this in full, and others, via the link at the foot of the page www.hse.gov.uk from HSE’s Chair This summer, I spoke at an extraordinary event in Aberdeen – Piper 25. This threeday conference was put on to ‘reflect, review, reinforce and re-energise’ 25 years after the Piper Alpha offshore tragedy claimed 167 lives. I attend and speak at a lot of conferences, and some of them can blur together. But this one will stay with me for a very long time. Lord Cullen spoke about his inquiry into the disaster and the seminal changes that were made to the offshore regulatory regime as a result. Sir Charles Haddon-Cave shared the lessons from his investigation of the Nimrod air disaster. It was attended by more than 750 delegates from all over the world. On the second day, they were joined by 500 workforce representatives who took part in a parallel conference in the 17 Issue 36 Lessons from a tragedy same venue. But it wasn’t the number of people which made this event remarkable. What really struck me was the profound sense among all the participants that we must never ever lose sight of the challenges which continue to be involved in working offshore. There was no sense of this being an industry where health and safety has been cracked. In their different ways, everyone spoke about the need to maintain the sense of chronic unease which goes with operating in such a challenging environment – and everyone meant it. It’s 25 years since that terrible incident on Piper Alpha but the basic hazards those guys face today are still the same. On that summer night in 1988, 167 of their colleagues lost their lives. I would urge everyone to watch this powerful film, not just those who work in the oil and gas industry. There are lessons for all of us to remember. None of us must ever forget. Read more CONTENTS Health & Safety Newsletter www.hse.gov.uk What’s new from HSE Keeping you up to date with our latest guidance Dangers of construction dust Construction dust is not just a nuisance – it can seriously damage your health and some types can eventually even kill. Regularly breathing these dusts over a long time can therefore cause lifechanging lung diseases. HSE has recently issued an updated information sheet on construction dust. The sheet, which is free to download, tells employers what they need to know to prevent or adequately control construction dust risks. It also provides advice for safety representatives and workers. What is construction dust? This is a general term used to describe different dusts that you may find on a construction site. There are three main types: lsilica dust – created when working on silica-containing materials like concrete, mortar and sandstone (also known as respirable crystalline silica or RCS); 18 Issue 36 lwood dust – created when working on softwood, hardwood and wood- based products like MDF and plywood; llower-toxicity dusts – created when working on materials containing very little or no silica. The most common include gypsum (eg in plasterboard), limestone, marble and dolomite. Dust can build up in the lungs and harm them gradually over time. The effects are often not immediately obvious. Unfortunately, by the time it is noticed the total damage done may already be serious and life changing. It may mean permanent disability and early death. damage are not large. The largest amount of silica someone should be breathing in a day after using the right controls is shown next to the penny (see above). Construction workers have a high risk of developing these diseases because many common construction tasks can create high dust levels. Over 500 construction workers are believed to die from exposure to silica dust every year. The amounts needed to cause this Find out more: You can download this updated information sheet free of charge at: http://www.hse.gov.uk/pubns/cis36. pdf What are the health risks? Anyone who breathes in these dusts should know the damage they can do to the lungs and airways. The main dustrelated diseases affecting construction workers are: llung cancer; lsilicosis; lchronic obstructive pulmonary disease (COPD); lasthma. Some lung disease, like advanced silicosis or asthma, can come on quite quickly. However, most of these diseases take a long time to develop. CONTENTS
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