april 2019 we are the first to offer online versions of the new iosh … · 2019-05-29 · •...

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t: 0333 733 1111 | w: www.hsqe.co.uk | e: [email protected] | To subscribe to this newsleer email us at: [email protected] | © HSQE Ltd (2019) April 2019 We are the first to offer online versions of the new IOSH courses for those that work in the construcon industry In November 2018 IOSH launched syllabi for two completely new courses: IOSH Safety, health and environment for construcon site managers; and IOSH Safety, health and environment for construcon workers We are pleased to announce that HSQE Ltd is the first company to get 100% online versions of both courses fully approved by IOSH. The courses will be available to purchase on our website (www.hsqe.co.uk) from early May. Both courses are designed for people that work on construcon sites in the UK and for those that work abroad. Our online courses contain all you need to complete these valuable new addions to the IOSH suite of courses, including: Access to all the course materials using any device that can access the internet Tutor support Exercises Mock assessments Final assessment and project A genuine IOSH cerficate on successful compleon IOSH Safety, health and environment for construcon site managers The course takes between 16-24 study hours to complete. The course is split into four modules: Understanding the background Preparing for work Seng up the site Construcon phase health and safety IOSH Safety, health and environment for construcon workers The course takes between 6-8 study hours to complete. The course is split into five modules: Understanding the background Law and enforcement General site safety High risk acvies Health Contact us for more informaon about both of these courses

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Page 1: April 2019 We are the first to offer online versions of the new IOSH … · 2019-05-29 · • Fully IOSH approved • No hidden costs • Save time and money studying online •

t: 0333 733 1111 | w: www.hsqe.co.uk | e: [email protected] | To subscribe to this newsletter email us at: [email protected] | © HSQE Ltd (2019)

April 2019

We are the first to offer online versions of the new IOSH courses for those that work in the construction industry

In November 2018 IOSH launched syllabi for two completely

new courses:

• IOSH Safety, health and environment for construction site

managers; and

• IOSH Safety, health and environment for construction

workers

We are pleased to announce that HSQE Ltd is the first

company to get 100% online versions of both courses fully

approved by IOSH. The courses will be available to purchase on

our website (www.hsqe.co.uk) from early May.

Both courses are designed for people that work on

construction sites in the UK and for those that work abroad.

Our online courses contain all you need to complete these

valuable new additions to the IOSH suite of courses, including:

• Access to all the course materials using any device that can

access the internet

• Tutor support

• Exercises

• Mock assessments

• Final assessment and project

• A genuine IOSH certificate on successful completion

IOSH Safety, health and environment for construction site

managers

The course takes between 16-24 study hours to complete.

The course is split into four modules:

• Understanding the background

• Preparing for work

• Setting up the site

• Construction phase health and safety

IOSH Safety, health and environment for construction

workers

The course takes between 6-8 study hours to complete.

The course is split into five modules:

• Understanding the background

• Law and enforcement

• General site safety

• High risk activities

• Health

Contact us for more information about both of these courses

Page 2: April 2019 We are the first to offer online versions of the new IOSH … · 2019-05-29 · • Fully IOSH approved • No hidden costs • Save time and money studying online •

t: 0333 733 1111 | w: www.hsqe.co.uk | e: [email protected] | To subscribe to this newsletter email us at: [email protected] | © HSQE Ltd (2019)

April 2019

A Salford

building

contractor has

been

sentenced

after exposing

workers to

danger of falls

from height

and exposure

to silica dust.

The

Magistrates’

Court heard

how, in July

2018, whilst

carrying out repointing work at a house in Altrincham, K & M

Pointing allowed its employees to work on unguarded

platforms six metres in height.

The workers were also not provided with adequate protection

from silica dust during the removal of mortar.

The Health and Safety Executive (HSE) began investigating after

receiving information from members of the public. During the

investigation, it was found that K & M Pointing had made a

deliberate decision not to provide the correct scaffolding or

means of dust capture in order to save money. Mr Morris had

also failed to insure his employees against any injury or ill

health sustained during the course of their work.

K & M Pointing pleaded guilty to breaches of Section 3 (1) and

Section 2 (1) of the Health and Safety at Work etc. Act 1974

and Section 1 (1) of the Employers Liability (Compulsory

Insurance) Act 1969.

The owner of K & M Pointing received a 26 week prison

sentence suspended for two years, 180 hours community

service and ordered to pay £2,000 in costs.

After the hearing HSE inspector Matt Greenly said: “HSE

receives thousands of concerns from members of the public

each year and we investigate those which show serious risk.

Corners must not be cut when dealing with employees’ safety,

such as working at height.”

Farmers are being told they must pay closer attention to health

and safety after the Health and Safety Executive (HSE) raised

concerns over recent livestock handling incidents.

Each year a number of people are killed or injured in incidents

involving cattle and HSE is reminding farmers that these

incidents can be prevented.

HSE inspectors will be visiting farms to remind farmers of their

duty to protect themselves, their workers and members of the

public from the risks of cattle. If they are not, inspectors will

not hesitate to use enforcement to bring about improvements.

Throughout the inspections, HSE will be reminding workers

that when working with livestock, they should have the

appropriate controls in place:

• Proper handling facilities, which are kept in good working

order;

• a race and a crush suitable for the animals being handled;

• trained and competent workers; and

• a rigorous culling policy for temperamental animals.

The focus on livestock is part of a programme of inspections

over the next twelve months to ensure farmers are doing the

right things to comply with the law and prevent death, injury

and ill-health.

HSE has a range of resources and guides available to help those

working on the farm manage the risks appropriately. More

information can be found at:

http://www.hse.gov.uk/agriculture/resources/good-farm.htm

Unsafe work at height and inadequate protection from silica exposure HSE warning for farmers

Page 3: April 2019 We are the first to offer online versions of the new IOSH … · 2019-05-29 · • Fully IOSH approved • No hidden costs • Save time and money studying online •

t: 0333 733 1111 | w: www.hsqe.co.uk | e: [email protected] | To subscribe to this newsletter email us at: [email protected] | © HSQE Ltd (2019)

April 2019

Buy this for

£135+vat and ...

get these too at

no extra cost.

• Fully IOSH approved

• No hidden costs

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online

• No need to attend a

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to 4 days

Fin

d o

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re a

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Special offer on IOSH Managing Safely

This newsletter is published

every month. You can get your

free copy by emailing us at

[email protected]

Page 4: April 2019 We are the first to offer online versions of the new IOSH … · 2019-05-29 · • Fully IOSH approved • No hidden costs • Save time and money studying online •

t: 0333 733 1111 | w: www.hsqe.co.uk | e: [email protected] | To subscribe to this newsletter email us at: [email protected] | © HSQE Ltd (2019)

April 2019

A healthcare provider has been fined £300,000 for its failings

following the death of 14-year-old patient Amy El-Keria.

The Crown Court heard how Amy, who had complex mental

health care needs, had been a patient in the high dependency

unit (HDU), upper court, at Priory Ticehurst House Hospital

since 24 August 2012. She had been transferred to the East

Sussex facility after one of several attempts to ligature at

home.

On 12 November 2012, Amy was found with a ligature around

her neck in her room. The 14-year-old was taken to hospital

but had suffered irreparable brain damage and failure of

multiple organs, so a decision was taken to withdraw life

support. Amy was sadly pronounced dead the following day,

on 13 November.

An investigation by the Health and Safety Executive (HSE),

which began in 2016 following the coroner’s inquest, found

Priory Healthcare Ltd had failed to identify or put in place

control measures that would have better managed ligature

risks.

Priory Healthcare Ltd pleaded guilty to a breach under Section

3 (1) of the Health and Safety at Work etc. Act 1974. The

company was fined £300,000 and ordered to pay costs of

£65,801.38.

Speaking after the hearing, inspector Michelle Canning said:

“This is a heart-breaking case. Our detailed investigation

uncovered a number of failures. Our thoughts remain with

Amy’s family and we are so very sorry for their loss.”

Key lessons

HSE found the company’s main failings were as follows:

• Failure to carry out a suitable and sufficient risk

assessment relating to the presence of ligature points and

ligatures on upper court;

• Failure to identify the control measures necessary to

reduce ligature risks, so far as is reasonably practicable;

• Failure to consider relevant industry and NHS guidance to

inform its risk assessment process and determine the

correct fixtures and fittings for units where patients were

at high risk of self-harm and suicide;

• Failure to ensure an adequate review was carried out of

the systems and control measures relating to ligature risks

at Ticehurst House following concerns raised by external

bodies; and

• Failure to ensure all staff working on upper court were

trained and their work practices appropriately monitored

with respect to life support techniques.

Sentencing, Judge Mr Justice James Dingemans had earlier said

that following work between the Priory and the Care Quality

Commission there was now a much better understanding of

young person suicide, and that "vital lessons have been

learned".

Note: After 1 April 2015, the Care Quality Commission (CQC)

took responsibility in England for patient and service user

health and safety for providers registered with them. Prior to

this date, HSE had enforcement responsibility.

A potato processing company has been sentenced after a

worker was struck by a telehandler load.

The Magistrates’ Court heard how, on 5 January 2018, Mr

Smith was walking across a yard when he was struck by three

potato boxes loaded on the tines of a telehandler being

operated by another employee. The impact knocked him to

the ground and caused a fracture to his left leg.

An investigation by the Health and Safety Executive (HSE)

found the company had insufficient measures in place to

prevent people being struck by a vehicle and that a protected

walkway was provided to only two sides of the yard, but not to

the right side (a well-used pedestrian route). The investigation

also found a large number of boxes had been stored in the

yard which meant there was less room resulting in pedestrians,

including Mr. Smith, having to take a route further into the

transport area than was necessary. The company also failed to

ensure forklift truck and telehandler operators were clear what

the site rules were around the transportation of potato boxes

and to effectively enforce these.

Braegate Produce Ltd pleaded guilty to breaching Regulation 4

(1) of the Workplace (Health and Safety Welfare) Regulations

1991. The company was fined £50,000 and ordered to pay

£962 in costs.

Key lessons

• Organise transport operations to reduce the risk it poses to

pedestrians. This should include consideration of the site,

driver and vehicles.

Priory Healthcare fined £300,000 following death of 14-year-old patient Worker struck by telehandler load

Page 5: April 2019 We are the first to offer online versions of the new IOSH … · 2019-05-29 · • Fully IOSH approved • No hidden costs • Save time and money studying online •

t: 0333 733 1111 | w: www.hsqe.co.uk | e: [email protected] | To subscribe to this newsletter email us at: [email protected] | © HSQE Ltd (2019)

April 2019

Westdale Services Limited has been

sentenced after a 12-year-old boy

slipped off a scaffold ladder, falling

approximately 10 metres.

The Magistrates’ Court heard how, on 6

May 2017, two boys were able to climb

the rungs of a ladder within scaffolding

erected by Westdale Services Limited at

a site in Cwmbran, by placing their feet

either side of a ladder guard that did not

cover the rungs of the ladder.

One boy climbed to the top platform of

the scaffold and climbed the uppermost

ladder to a height of approximately 10

metres. The ladder slipped, causing the

boy to lose his balance and fall to the

ground, causing life-changing injuries

requiring multiple operations. The boy

now has no bladder or bowel control and

is only able to walk short distances due to being unstable on

his feet.

An investigation by the Health and Safety Executive (HSE)

found the security arrangements for preventing access to the

scaffolding, especially by children from a nearby school, were

inadequate.

Westdale Services Limited pleaded guilty to breaching Section

3(1) of the Health and Safety at Work Act 1974, were fined

£160,000 and ordered to pay £22,310 in costs.

Speaking after the hearing, HSE inspector Michael Batt

commented:

“The death or injury of a child is particularly tragic and a lot of

thought must go into securing construction sites. Children do

not perceive danger as adults do. The potential for

unauthorised access to construction sites must be carefully risk

assessed and effective controls put in place.

“This incident could have been prevented by removal of the

ladder completely or installing an appropriately sized ladder

guard to cover the full width of the rungs.”

A company has been fined after a farm worker’s arm was

pulled into potato grading machine.

The Magistrates’ Court heard how on 24 October 2017 a 34

year-old agency worker was seriously injured when he fell onto

the cleaning rollers of a potato grading machine at a farm in

West Tilbury, Essex. He had been clearing potatoes off the

rollers but the machine had not been isolated from its power

source, and was restarted while the worker was still in a

dangerous area. He fell on the rotating rollers and his arm was

drawn in up to the shoulder before the machine could be

stopped.

An investigation by the Health and Safety Executive (HSE)

found that C H Cole & Sons (Mill House) did not employ safe

systems of work to prevent an inadvertent start-up of the

potato grading machines during the routine cleaning task. In

addition, farm workers were not provided with adequate

training and information about the use of the machine and any

available worker would carry out the clearing of potatoes by

following the unsafe system of work.

C H Cole & Sons (Mill House), a farming partnership, pleaded

guilty to breaching Sections 2(1) and 3(1) of the Health and

Safety at Work etc Act 1974 and have been fined £30,000 and

ordered to pay costs of £6,000.

Speaking after the case, HSE inspector Saffron Turnell said “As

farms start to plan for the holiday season, this case is also a

timely reminder of ensuring casual workers are adequately

shown how to operate in a safe system of working and the

importance of safe stop procedures.”

Fine after boy falls from scaffolding and sustains life-changing injuries Agency worker suffers arm injuries

Page 6: April 2019 We are the first to offer online versions of the new IOSH … · 2019-05-29 · • Fully IOSH approved • No hidden costs • Save time and money studying online •

t: 0333 733 1111 | w: www.hsqe.co.uk | e: [email protected] | To subscribe to this newsletter email us at: [email protected] | © HSQE Ltd (2019)

April 2019

A construction company has been fined after two workers

were injured after falling through a ceiling at a site in Watford.

The Magistrates’ Court heard how, on 6 December 2017, four

bricklayers were working on a new build of three terraced

houses, when they gained unrestricted access to a timber

joisted floor. The floor collapsed. Two of the four workers

managed to jump off during the collapse whilst the other two

fell and suffered serious injuries.

Both of the employees are still unable to return to full time

work. One spent two days in hospital after the incident

and the other is still recovering from his injuries; it is not clear

whether or not his injury will be life changing.

An investigation by the

Health and Safety

Executive (HSE) found that

the Principal Contractor, S

McMurray Ltd, had failed

to safely install joist

hangers correctly. There

was no other structural

support arrangement in

place, such as propping the

first floor from

underneath. The floor was

also overloaded with

blockwork.

S McMurray Ltd pleaded

guilty to breaching

Regulation 13 (1) of the Construction

(Design and Management) Regulations

2015. The Company was fined £16,500

and ordered to pay costs of £1236.60.

After the hearing, HSE inspector Rauf

Ahmed said: “Structural stability of floors

under construction must be carefully risk

assessed to ensure the appropriate

control measures are in place to prevent

collapse.

“ This incident could have been prevented

had there been a sufficient risk

assessment in place and the appropriate

controls implemented.”

Floor collapse on a new build leads to workers falling from height

Page 7: April 2019 We are the first to offer online versions of the new IOSH … · 2019-05-29 · • Fully IOSH approved • No hidden costs • Save time and money studying online •

t: 0333 733 1111 | w: www.hsqe.co.uk | e: [email protected] | To subscribe to this newsletter email us at: [email protected] | © HSQE Ltd (2019)

April 2019

Concrete wall blocks company Thakeham Tiles Ltd has been

sentenced after a worker’s hand was crushed in an unguarded

machine.

The Magistrates’ Court heard

how, on 25 April 2018, an

experienced worker was making

concrete screen wall blocks at

their site on Rock Road, West

Sussex, when his hand became

trapped and was crushed by the

machine he was using.

The worker suffered three

broken fingers and thumb and

had to undergo surgery to

stabilise his hand.

An investigation by the Health

and Safety Executive (HSE) found

the company had failed to

ensure that the machine was

properly guarded. The machine

had been not been properly

guarded for a number of years.

Thakeham Tiles Ltd pleaded

guilty to breaching Regulation 11

(1) of the Provision and Use of

Work Equipment Regulations

1998, was fined £26,667 with

£3,560 costs.

Key lessons

• This case highlights the importance of ensuring that

dangerous moving parts of machinery are guarded

An unregistered gas fitter operating as a director of Master

Plumbing Contractors Limited has been sentenced for carrying

out gas work without being registered with Gas Safe.

The Crown Court heard how Andrew Stevens purported to be

Gas Safe registered when he undertook gas work at two

properties in Milton Keynes between 2015 and 2016. He

brandished a t-shirt with the Gas Safe logo, which was also on

the company van. Mr Stevens was reported to Gas Safe

Register after defects were found in the installation of a gas

boiler.

An investigation by the Health and Safety Executive (HSE)

found that Mr Stevens was not Gas Safe registered at the time

he conducted this work.

Andrew Stevens was found guilty of four offences under the

Gas Safety (Installation and Use) Regulations 1998. Mr Stevens

received four 18-month sentences, all suspended for two

years. He was also ordered to do 300 hours of community

service and pay costs of £15,000.

Speaking after the hearing, HSE inspector Andrew McGill said:

“Mr Stevens undertook gas work which he knew he was not

registered to do”.

“HSE will not hesitate to take appropriate action against rogue

gas fitters who disregard the law and place lives at risk.

Working with gas appliances is difficult, specialised and

potentially very dangerous, so it is vital that this is only

undertaken by trained and competent engineers who are

registered with Gas Safe.”

Company fined after worker suffers serious injuries Unregistered gas work

Page 8: April 2019 We are the first to offer online versions of the new IOSH … · 2019-05-29 · • Fully IOSH approved • No hidden costs • Save time and money studying online •

t: 0333 733 1111 | w: www.hsqe.co.uk | e: [email protected] | To subscribe to this newsletter email us at: [email protected] | © HSQE Ltd (2019)

April 2019

IOSH Safety for Executives

and Directors is for senior

staff with strategic

responsibility for health and

safety. It is suited to

executives, directors and

board members. It explains

the case for good health

and safety performance,

along with how health and

safety can be managed

along side other

organisational priorities.

Assessment is via a tutor-

marked personal statement.

IOSH Managing Safely is

relevant to all industries and

organisations. It provides

information about key

health and safety risks

encountered in the

workplace and how those

risks can be managed in a

pragmatic way. It is suited

to managers, supervisors

and employee

representatives. Assessment

is via an online exam and

tutor-marked risk

assessment project.

IOSH Managing Safely in

Construction provides

information about the

construction industry, the

risks that it presents and

how those risks can be

managed in a pragmatic

way. It also covers key

legislation and roles and

responsibilities. It is suited

to managers, supervisors

and employee

representatives. Assessment

is via an online exam and

tutor-marked project.

IOSH Working Safely is

relevant to people in all

industries and

organisations. It provides

information about how

everyone can enhance their

safety, health and

wellbeing through everyday

behaviours.

Rated

“EXCELLENT”

During the 2018 quality assurance

review conducted by IOSH

Rated

“OUTSTANDING”

We are committed to

providing approved

training in vital skills at

an affordable price.

Find out more about us

at www.hsqe.co.uk

Approved online IOSH courses available at www.hsqe.co.uk

Page 9: April 2019 We are the first to offer online versions of the new IOSH … · 2019-05-29 · • Fully IOSH approved • No hidden costs • Save time and money studying online •

t: 0333 733 1111 | w: www.hsqe.co.uk | e: [email protected] | To subscribe to this newsletter email us at: [email protected] | © HSQE Ltd (2019)

April 2019

A food processing company, 2 Sisters Food Group, has been

sentenced after a worker was injured while unblocking a

machine on the poultry slaughter line.

The Magistrates’ Court heard how, on 6 September 2012, an

employee of 2 Sisters Food Group Limited was attempting to

clear a blockage on a conveying system at its Foxhills Industrial

Estate site in Scunthorpe, when he was struck by a large metal

stillage.

As a result, his body was crushed at chest height against the

end of the unit, and he sustained multiple injuries including

several fractured ribs, fractures to his back and a punctured

lung.

An investigation by the Health and Safety Executive (HSE)

found the company had failed to identify deficiencies in the

guarding on the machine, and the clearing of blockages was

usually carried out while the machine was still in operation.

2 Sisters Food Group Limited pleaded guilty to breaching

Section 2(1) and Section 3(1) of the Health and Safety at Work

Act 1974 and has been fined £1.4 million with £38,000 in costs.

Speaking after the hearing, HSE inspector Kirsty Storer said:

“The employee’s life-threatening injuries could easily have

been prevented had the company identified the guarding

deficiencies and put in place simple measures to prevent

access to dangerous parts of machinery.

“This should serve as a lesson to others in the food processing

industry about the importance of effectively guarding their

machinery to stop others being similarly injured.”

A roofing company has been sentenced for safety breaches

after a worker fell about three metres through a roof light and

suffered a fractured pelvis and spinal injuries.

The Magistrates court heard how, on 17 March 2016, a self-

employed roofer, working for PNR Roofing and Building

Services Limited (PNR), was on a roof laying wooden ‘lats’ and

roofing felt, when he fell through a sky light that was covered

with felt. PNR was subcontracted to carry out roof work at

Globe Mills in Slaithwaite. An investigation by the Health and

Safety Executive (HSE) found that whilst PNR initially provided

air bags as a means of mitigating any falls by employees, the

air bags had been moved to remove debris and the worker hit

the floor instead.

PNR Roofing and Building Services Ltd pleaded guilty to

breaching Section 3 (1) of the Health & Safety at Work etc Act

1974, was fined £20,000 and ordered to pay £1,100 in costs.

After the hearing, HSE inspector Chris Tilley commented: “Falls

from height through fragile surfaces and skylights remain one

of the most common causes of work related fatalities in this

country and the risks associated with working at height are

well known.

“This incident could so easily have been avoided by simply

adopting reasonably practicable safe working practices such as

using netting instead of relying on fall bags”

Key lessons

• Risk assessments and systems of work must take account

of any significant changes that occur

£1.4m fine for crush injury Fall from height

This newsletter is published

every month. You can get your

free copy by emailing us at

[email protected]

Page 10: April 2019 We are the first to offer online versions of the new IOSH … · 2019-05-29 · • Fully IOSH approved • No hidden costs • Save time and money studying online •

t: 0333 733 1111 | w: www.hsqe.co.uk | e: [email protected] | To subscribe to this newsletter email us at: [email protected] | © HSQE Ltd (2019)

April 2019

Two companies have been fined after a landscape gardener

suffered serious injuries following a fall.

The Crown Court heard

how, on 24 July 2013, a

team of landscape

gardeners were working

on a traffic island at the

Mayfair Car Park, Park

Lane, London, when a

member of the team

stood on an unstable

grille. The grille, which was not fixed into position, gave way

and he fell 11 metres into the ventilation shaft underneath,

suffering serious injuries to his back and ankle.

An investigation by the Health and Safety Executive (HSE) into

the incident, found the ventilation grilles should have been

inspected and maintained in order to identify any movement

of the grilles.

Bouwfonds European Real Estate Parking pleaded guilty to

breaching Section 4(2) of the Health and Safety at Work etc Act

1974, was fined £16,000 and ordered to pay costs of £18,000.

Saba Infra UK pleaded guilty to breaching Section 4(2) of the

Health and Safety at Work etc Act 1974 , was fined £45,000

and ordered to pay costs of £40,000.

Key lessons

• This incident could have been prevented had there been

an effective inspection regime in place.

A Devon based hoteliers has been sentenced after materials

containing asbestos were disturbed during a major

refurbishment at The Park Hotel in Barnstaple.

The Magistrates’ Court heard that between October 2016 and

May 2017 construction work was undertaken to refurbish the

hotel on Taw Vale. Parts of the hotel were originally

constructed during the 1960’s and 1970’s when asbestos was a

popular building material. The project aimed to refit and

refurbish bathrooms and bedrooms.

An investigation by the Health and Safety Executive found that,

at an early stage of the work, an employee raised concerns

about the potential presence of asbestos containing materials

(ACM) within the rooms under refurbishment. Enquiries were

made but no physical testing of the materials being disturbed

was undertaken.

Work continued for several more months and concerns about

the materials within the bedrooms and bathrooms were raised

again by external contractors. Testing of the material being

disturbed was eventually conducted in February 2017 and the

presence of ACMs was confirmed.

Whilst the HSE investigation was in progress the defendant had

a further incident in May 2017 where ACMs were disturbed

during bathroom refurbishment works being undertaken. The

planning undertaken for this work, which had included an

assessment as to the presence of ACMs, was inadequate as it

failed to identify the full scope of the work proposed and the

materials that would be disturbed during pipework installation

works.

The investigation also found that refurbishment work was

undertaken at the hotel without the appropriate assessment

as to the presence of asbestos containing materials.

Once identified, the hotel took remedial action which included

sampling of common parts for asbestos fibres, which came

back as negative.

Percy R Brend and Sons (Hoteliers) Ltd pleaded guilty to

breaching Section 2(1) and 3(1) of the Health and Safety at

Work etc Act 1974. They have been fined £80,000 and ordered

to pay costs of £14,999.60.

Key lessons

• Asbestos was frequently used in buildings built or

refurbished before the year 2000

• A suitable assessment of the risk posed by asbestos must

be conducted by a suitably competent person before work

begins

Speaking after the hearing HSE inspector Jo-Anne Michael said:

“The dangers associated with asbestos are well known and a

wealth of advice and guidance is freely available from HSE and

other organisations.

“Identification of the hazard is key. Duty holders should not

undertake any work which either exposes or is liable to expose

their employees to asbestos unless they have carried out a

suitable and sufficient assessment as to the presence, location

and condition of asbestos in the premises. Those persons

tasked with undertaking the assessment should have the

necessary skills.”

Fall through unsecured grill Failure to identify the presence of asbestos during refurbishment work

Page 11: April 2019 We are the first to offer online versions of the new IOSH … · 2019-05-29 · • Fully IOSH approved • No hidden costs • Save time and money studying online •

t: 0333 733 1111 | w: www.hsqe.co.uk | e: [email protected] | To subscribe to this newsletter email us at: [email protected] | © HSQE Ltd (2019)

April 2019

Approved online food safety and hygiene courses available at www.hsqe.co.uk

When you handle

food and need

awareness of food

safety & hygiene at

level 2

Manufacturing

When you do not

handle food, but

you need an

awareness of food

safety & hygiene

NEW

When you need to

know about the

dangers from food

allergens & what

you should do

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April 2019

A train refurbishment company has been sentenced after

exposing workers to hand arm vibration syndrome (HAVS).

The Crown Court heard how Faiveley Transport Tamworth

Limited exposed its workers to uncontrolled and unrestrained

exposure to vibrating tools from 2005 to 2015.

In 2015, a member of staff raised concerns regarding

symptoms similar to HAVS as a result of exposure to the air-fed

cutting tool used to remove rubber seals from train doors.

Despite the company being made aware of this, it failed to

take prompt action to manage the risk of exposure to HAVS.

Later, another member of staff reported that he used grinders

up to eight hours a day often until his hands hurt.

An investigation by the Health and Safety Executive (HSE)

found the company failed to consider the risk to both its

employees and agency workers of exposure to hand

transmitted vibration (HTV) tools over a prolonged period of

time. The investigation found that there was little or no

oversight by management to control exposure and there was

an absence of a safe system of work including control,

monitoring and maintenance measures. The investigation also

found measures to conduct a suitable and sufficient risk

assessment of that exposure were not taken, instruction and

training on tool use was not provided and the company did not

have health surveillance in place.

The company pleaded guilty to breaching Section 2 of the

Health and Safety at Work etc. Act 1974, were fined £90,000

and ordered to pay costs of £45,000.

A timber buildings company has been sentenced after a worker

suffered serious injuries to his back.

The Magistrates’ Court heard how, on 26 January 2018, an

employee of Ashford Timber Limited was injured while

erecting a carriage barn.

He was about to complete the final end strip to the roof when

he slipped, sliding down the roof and falling approximately

2.5m to the ground below.

As a result of this, he sustained a compression injury to his

spine. There was no safety equipment provided by the

company at the domestic property site in East Sussex.

An investigation by the Health and Safety Executive (HSE)

found that there was no risk assessment or method statement

produced by the company, no detailed safe system of work for

employees to follow, and insufficient training was offered.

Ashford Timber Limited pleaded guilty to breaching Regulation

4 (1) of the Work at Height Regulations 2005, and has been

fined £23,333 and ordered to pay costs.

Key lessons

• Those in control of work at height have a responsibility to

devise safe methods of working and to provide the

necessary information, instruction and training to their

workers

Sign-fitting contractor, AR Signs Limited, has been sentenced

for safety breaches after a worker suffered multiple, serious

burn injuries.

The Magistrates’ Court heard how, on 14th September 2017,

the 22-year-old employee of AR Signs Limited was using a

breaker tool to dig a hole for the posts of a new sign at the

Hellaby Hall Hotel in Bramley, near Rotherham, when he struck

a mains electricity cable, causing a large flash.

The worker suffered burn injuries to the inside of his right arm,

the top of his right hand, the inside of his left arm, and the

right-hand side of his face. He also had burns to his hair,

eyelashes, eyebrows and beard.

An investigation by the Health and Safety Executive (HSE)

found that no cable diagram or ground scanner was used to

determine the presence of the mains cable, and no training

had been given in the use of the breaker tool.

AR Signs Ltd was found guilty of breaching Section 2 (1) of the

Health and Safety at Work etc Act 1974 , was fined £35,000

and ordered to pay £2,475 in costs.

After the hearing, HSE inspector Sarah Robinson commented:

“This wholly avoidable incident was caused by the failure of

the company to appropriately plan and execute a safe system

of work whilst fitting the signs.

“Companies should be aware that HSE will not hesitate to take

appropriate enforcement action against those that fall below

the required standards.”

Fine for exposing workers to vibration Worker injured following a cable strike Fall from height

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April 2019

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courses have been audited

and approved by the CPD

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Approved online safeguarding courses Royal Opera House loses its appeal over hearing damage

The Royal Opera House (ROH) has lost its

appeal over the life-changing hearing

damage caused to a viola player at a

rehearsal of Wagner's Die Walkure.

The Court of Appeal ruled unanimously that

the ROH failed to take reasonable steps to

protect Christopher Goldscheider during the

2012 rehearsal.

It also failed to act on dangerous noise

levels until after Mr Goldscheider's injury,

the court ruled.

The ROH said it was "disappointed" by

aspects of the court's ruling.

Mr Goldscheider won a landmark High

Court case last year, which was challenged

by the ROH. In that case, Mr Goldscheider

sued the London opera house, claiming

damages for acoustic shock - a condition

with symptoms including tinnitus,

hyperacusis and dizziness - after being

exposed to noise levels exceeding 130

decibels.

It was the first time acoustic shock had been

recognised as a condition which could be

compensated by a court.

In its appeal, the ROH claimed the artistic

value of the music produced by the

orchestra meant that some hearing damage

to its players was inevitable and justifiable -

but that was rejected by the court.

Background to the case:

• On 1 September 2012, Mr Goldscheider

was seated directly in front of the brass

section of the orchestra for a rehearsal

of Wagner's thunderous opera Die

Walkure in the famous orchestra pit of

the opera house, in Covent Garden.

• The bell of a trumpet was immediately

behind his right ear during the rehearsal

and noise levels reached 132 decibels -

roughly equivalent to that of a jet

engine.

• His hearing was irreversibly damaged.

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April 2019

Pregnancy club Bounty UK has been given a £400,000 fine for

illegally sharing the personal information of more than 14

million people. The fine was issued by the Information

Commissioner's Office (ICO) in what it said was an

"unprecedented" case.

Bounty compiled personal data but did not tell people that it

was shared with 39 other organisations, said the ICO.

The Bounty pregnancy and parenting club offers free samples,

vouchers and guides to prospective and new parents via packs

given out in hospitals or sent to people who use its apps.

Bounty gathered information from apps, its website, cards in

merchandise packs and from new mothers in hospital.

The ICO said that while many knew Bounty as a pregnancy

club, few knew that it was also a data broker supplying

information to third parties that would use it to fine-tune

direct marketing.

Bounty breached the 1998 Data Protection Act by not being

"open and transparent" with people about what would be

done with their personal data.

It shared 34.3 million records from June 2017 to April 2018

with 39 organisations including marketing agencies Acxiom,

Equifax and Indicia. The data shared was of "potentially

vulnerable" people including new mothers and very young

children, said the ICO.

Bounty said it "acknowledged" the ICO's findings and had now

made changes to how it handled member data.

A woman who staged a fall over a crate in a Bradford store in

order to make a bogus injury claim has been given a suspended

prison sentence for fraud.

Farida Ashraf was seen on CCTV tripping over the crate in 2013

after two accomplices had placed it on the floor.

She said she had suffered multiple injuries, but a civil court

ruled the claim was "fundamentally dishonest".

The case against her at Bradford Crown Court was brought by

the insurers. Aviva pursued a private prosecution, resulting in

Ashraf admitting a fraud charge. Mr Lumley said "It is, we

think, the first private prosecution arising out of a public

liability insurance claim" .

The judge suspended her 21-month jail term for two years and

gave her a six-month curfew order. .

Two women were seen on CCTV moving a crate of orange juice

cartons, with Farida Ashraf later tripping over it .

Heavy winds in march resulted in a number of incidents being

reported around the country. Among these were several

reports of scaffolding collapse as a result of the adverse

weather

Key lessons

• Risk assessments should take account of foreseeable

risks associated with adverse weather, such as high

winds

£400,000 fine for sharing personal data Staged fall to claim compensation Staged fall to claim compensation

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April 2019

The World Meteorological Organization (WMO) says that the

physical and financial impacts of global warming are

accelerating. Record greenhouse gas levels are driving

temperatures to "increasingly dangerous levels", it says.

Their report came in the same week as the International

Energy Agency (IEA) reported a surge in CO2 in 2018. However,

new data from the UK suggests Britain is bucking the trend

with emissions down by 3%.

This year's State of the Climate report from the WMO is the

25th annual record of the climate. When it first came out in

1993, carbon dioxide levels were at 357 parts per million (ppm)

in the atmosphere. These have now risen to 405.5ppm and are

expected to increase further.

This is having a significant impact on temperatures, with 2018

the fourth warmest year on record, almost 1C above what they

were in the period between 1850-1900. The years between

2015 and 2018 were the four warmest on that record, the

study says.

While some of these figures were published in a preliminary

release of the study from last November, the full version has

data on many key climate indicators, that the WMO says break

new ground.

One example is ocean heat content. More than 90% of the

energy trapped by greenhouse gases goes into the seas and

according to the WMO, 2018 saw new records set for the

amount of ocean heat content found in the upper 700 metres

of the seas, and also for the upper 2,000 metres.

Sea levels also continued to increase with global mean sea

level rising 3.7mm higher in 2018 than the previous year.

The report was launched at a news conference in New York

attended by the UN Secretary General Antonio Guterres.

"There is no longer any time for delay," he wrote in a foreword

to the new study.

2018 Climate impacts:

• According to the report, most of the natural hazards that

affected nearly 62 million people in 2018 were associated

with extreme weather and climate events.

• Some 35 million people were hit by floods.

• Hurricane Florence and Hurricane Michael were just two of

14 "billion dollar disasters" in 2018 in the US.

• Super Typhoon Mangkhut affected 2.4 million people in and

killed 134, mainly in the Philippines.

• More than 1,600 deaths were linked to heat waves and

wildfires in Europe, Japan and US.

• Kerala in India suffered the heaviest rainfall and worst

flooding in nearly a century

Meanwhile, the International Energy Agency published data,

indicating that in 2018 carbon emissions were up 1.7%, as a

result of the fastest growth in energy use in the last six years.

The UK government has also released emissions data about

greenhouse gas emissions over the past year. The figures show

that emissions across the UK have fallen by 3% over the last

year, the equivalent the government says, of taking 5 million

cars off the road. Factors driving UK emissions down include

the fact that coal was the source of just 5% of electricity in

2018.

The government now says that carbon emissions are at their

lowest level since before the turn of the 20th century, when

Queen Victoria was on the throne.

World Meteorological Organization say that the global impacts of climate change are 'accelerating'

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April 2019

Approved online health & safety courses available at www.hsqe.co.uk