iosh safety for executives and directors · representatives. assessment is via an online exam and...

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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 (2018) March 2018 HSQE Ltd have added IOSH Safety for execuves and directors to our porolio of IOSH approved online courses. The course is for senior staff with strategic responsibility for health and safety within organisaons. It is relevant across a broad range of organisaons and sectors. It gives an understanding of the case for good health and safety performance, along with how health and safety can be managed along side other organisaonal priories. The course is structured around five modules that follow the Plan-Do-Check-Act format: The moral, legal and financial case for health and safety Planning for health and safety Implemenng for health and safety Monitoring health and safety performance Improving health and safety performance Some quick Q&As about the course: Study me? Approximately 8 hours Available 24/7? Yes Mode of study? Online using any internet- enabled device, such as a PC, Mac, tablet, ipad or smart phone Tutor support provided? Yes Assessment included in the price? Yes IOSH cerficate included in the price? Yes Do you need to aend a training centre? No. Do as well as, or instead of, Managing safely? Its up to you. There is some overlap between this course and IOSH Managing safely. This course is targeted more towards Board members. Managing safely is targeted more towards managers and supervisors. You can find out more about this course at: hps://www.hsqe.co.uk/course/iosh-safety- execuves-directors/ IOSH Safety for Execuves and Directors can now be studied online with HSQE Ltd 1 to 49 users £135.00 +vat per user 50+ users £125.00 +vat per user What we need We need you to email us at [email protected] and ask to remain on the distribuon list for the HSQE newsleer. Why we need it The General Data Protect Regulaon (GDPR) hps://ico.org.uk/for-organisaons/guide-to- the-general-data-protecon-regulaon-gdpr/ comes into force in May. From that date, we will need evidence that that anyone on our distribuon list has opted-in to receive our newsleer. As many of our subscribers have been with us since 2002, we simply do not have records that date that far back and will therefore struggle to meet the consent requirements in GDPR. So, to ensure we are 100% compliant with GDPR we will be starng afresh and will destroy our current distribuon list. Sorry, but we need you to take acon to connue receiving this newsleer from May 2018

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Page 1: IOSH Safety for Executives and Directors · representatives. Assessment is via an online exam and tutor-marked risk assessment project. IOSH Managing Safely in Construction provides

t: 0333 733 1111 | w: www.hsqe.co.uk | e: [email protected] | To subscribe to this newsletter email us at: [email protected] | © HSQE Ltd (2018)

March 2018

HSQE Ltd have added IOSH Safety for

executives and directors to our portfolio of

IOSH approved online courses.

The course is for senior staff with strategic

responsibility for health and safety within

organisations. It is relevant across a broad

range of organisations and sectors. It gives

an understanding of the case for good health

and safety performance, along with how

health and safety can be managed along side

other organisational priorities.

The course is structured around five modules

that follow the Plan-Do-Check-Act format:

• The moral, legal and financial case for

health and safety

• Planning for health and safety

• Implementing for health and safety

• Monitoring health and safety

performance

• Improving health and safety performance

Some quick Q&As about the course:

• Study time? Approximately 8 hours

• Available 24/7? Yes

• Mode of study? Online using any internet-

enabled device, such as a PC, Mac, tablet,

ipad or smart phone

• Tutor support provided? Yes

• Assessment included in the price? Yes

• IOSH certificate included in the price? Yes

• Do you need to attend a training centre?

No.

• Do as well as, or instead of, Managing

safely? It’s up to you. There is some

overlap between this course and IOSH

Managing safely. This course is targeted

more towards Board members. Managing

safely is targeted more towards managers

and supervisors.

You can find out more about this course at:

https://www.hsqe.co.uk/course/iosh-safety-

executives-directors/

IOSH Safety for Executives and Directors

can now be studied online with HSQE Ltd

1 to 49 users

£135.00 +vat per user

50+ users

£125.00 +vat per user

What we need

We need you to email us at

[email protected] and ask to remain on

the distribution list for the HSQE newsletter.

Why we need it

The General Data Protect Regulation (GDPR)

https://ico.org.uk/for-organisations/guide-to-

the-general-data-protection-regulation-gdpr/

comes into force in May. From that date, we

will need evidence that that anyone on our

distribution list has opted-in to receive our

newsletter. As many of our subscribers have

been with us since 2002, we simply do not

have records that date that far back and will

therefore struggle to meet the consent

requirements in GDPR. So, to ensure we are

100% compliant with GDPR we will be starting

afresh and will destroy our current

distribution list.

Sorry, but we need you to take action to continue receiving

this newsletter from May 2018

Page 2: IOSH Safety for Executives and Directors · representatives. Assessment is via an online exam and tutor-marked risk assessment project. IOSH Managing Safely in Construction provides

t: 0333 733 1111 | w: www.hsqe.co.uk | e: [email protected] | To subscribe to this newsletter email us at: [email protected] | © HSQE Ltd (2018)

March 2018

IOSH approved online courses available at www.hsqe.co.uk/courses

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

Page 3: IOSH Safety for Executives and Directors · representatives. Assessment is via an online exam and tutor-marked risk assessment project. IOSH Managing Safely in Construction provides

t: 0333 733 1111 | w: www.hsqe.co.uk | e: [email protected] | To subscribe to this newsletter email us at: [email protected] | © HSQE Ltd (2018)

March 2018

The international standard for

occupational health and safety

management , ‘ISO 45001:

Occupational health and safety

management systems –

Requirements with Guidance for

Use’ was published on 12th

March.

The standard is based on the common elements found in ISOs

management systems standards and so uses the Plan-Do-

Check-Act (PDCA) model. It is designed to integrate with other

ISO management systems standards, such as ISO 9001 (quality

management) and ISO 14001 (environmental management).

ISO 45001 will replace OHSAS 18001. Organisations already

certified to OHSAS 18001 will have three years to comply with

the new ISO 45001 standard, although certification of

conformity to ISO 45001 is not a requirement of the standard.

Copies of the new standard are available from the BSI store at:

https://shop.bsigroup.com/SearchResults/?q=iso%2045001

The Kerslake Report: An independent review

into the preparedness for, and emergency

response to, the Manchester Arena attack on

22nd May 2017 has been published and is

available to view at:

https://www.kerslakearenareview.co.uk/

media/1022/

kerslake_arena_review_printed_final.pdf

Lord Kerslake said there was "a lot to be proud

of in the response to the attack”. "But it's also

vital to learn the lessons around things that did

not go so well," he added.

The panel, chaired by former head of the civil

service Lord Kerslake, found:

• Many key emergency personnel "exercised

sound judgement"

• The force duty officer from GMP is praised

for "dynamic decision making" in allowing

responders to remain in the foyer to carry

out first aid

• Four British Transport Police officers who had been on duty

at Victoria station - which is connected to the arena -

arrived at the scene within 30 seconds of the blast

• However, agencies failed to share information effectively

following the declaration of the incident as a terror attack

• Communication with the families of the dead and injured

was affected by the "complete failure" of a telephone

system supplied by Vodafone, leaving many frantically

searching hospitals for their relatives

• Some bereaved families felt it took too long for them to be

told of their loved ones' deaths

• Families felt "hounded" by the media, with reports of a

"scrum" of journalists outside hospitals

• Children from two families were offered condolences by

reporters at their homes before the deaths had been

officially confirmed

• Hospital staff were offered £2,000 to speak to the press by

way of a note hidden in a tin of biscuits

ISO 45001 published Report into the Manchester bombing published and identifies lessons to learn

Page 4: IOSH Safety for Executives and Directors · representatives. Assessment is via an online exam and tutor-marked risk assessment project. IOSH Managing Safely in Construction provides

t: 0333 733 1111 | w: www.hsqe.co.uk | e: [email protected] | To subscribe to this newsletter email us at: [email protected] | © HSQE Ltd (2018)

March 2018

Approved online safeguarding courses available at www.hsqe.co.uk/courses

Musician wins landmark ruling for hearing loss

A viola player who suffered a life-changing

hearing injury during a rehearsal in 2012 has

won a landmark High Court judgment against

the Royal Opera House (ROH). The case has

significant implications for the music industry

and the health and safety of musicians.

It is the first time a judge has scrutinised the

music industry's legal obligations towards

musicians' hearing. The ROH said it was

"surprised and disappointed" by the

judgment.

It is also the first time 'acoustic shock' has

been recognised as a condition which can be

compensated by a court.

At the time of the incident, Mr Goldscheider

was seated directly in front of the brass

section of the orchestra. The noise levels

exceeded 130 decibels during the rehearsal.

His hearing was irreversibly damaged as a

result. Mr Goldscheider claimed damages for

acoustic shock, a condition with symptoms

including tinnitus, hyperacusis and dizziness.

The ROH argued that Mr Goldscheider had

developed a natural hearing condition, known

as Meniere's disease, at exactly the same time

as the super-loud, high intensity noise burst

behind his right ear. But Mrs Justice Nicola

Davies disagreed stating: "I regard the

defendant's contention that Meniere's

disease developed at the rehearsal as

stretching the concept of coincidence too far."

The ROH also argued a balance had to be

struck between preserving the artistic

integrity of the music while doing everything

possible to reduce the risk of damage to

musicians' hearing, that was an inevitable

feature of playing long-term in an orchestra.

The judge again disagreed, ruling that "the

reliance upon artistic value implies that

statutory health and safety requirements

must cede to the needs and wishes of the

artistic output of the Opera company, its

managers and conductors… Such a stance is

unacceptable. Musicians are entitled to the

protection of the law, as is any other worker."

We have added Safeguarding

Vulnerable Adults and

Safeguarding Vulnerable Adults

(Advanced) to our suite of

safeguarding courses.

You can find out more about them

on our website at

https://www.hsqe.co.uk/

safeguarding-courses/

Page 5: IOSH Safety for Executives and Directors · representatives. Assessment is via an online exam and tutor-marked risk assessment project. IOSH Managing Safely in Construction provides

t: 0333 733 1111 | w: www.hsqe.co.uk | e: [email protected] | To subscribe to this newsletter email us at: [email protected] | © HSQE Ltd (2018)

March 2018

A manufacturer of agricultural equipment has been fined after

a worker suffered two broken legs when a stack of metal

sheets fell onto his ankles.

High Wycombe Magistrates’ Court heard how an employee of

K Two Sales Ltd accessed the rear of a guillotine to measure

some off-cuts. There were around 20 sheets of 4mm thickness

stacked on top of each other. He tried to remove one of them

causing the whole stack to fall on him. An investigation by the

Health and Safety Executive (HSE) into the incident, which

occurred on 10 January 2017, found the steel sheets were

being stored without adequate means to prevent them from

falling.

K Two Sales Ltd pleaded guilty to breaching Section 2(1) of the

Health & Safety at Work etc Act 1974 and was fined £22,000

and ordered to pay full costs of £1,647.20.

Speaking after the case, HSE inspector Stephen Faulkner said:

“This injury could have easily been prevented had the risk

been identified.

A solar panel installation company and its sole director have

been fined for failing to manage and control fall from height

risks.

Reading Crown Court heard how, after a concern was raised by

a member of public, a Health and Safety Executive (HSE)

inspector made a visit to the site where Sasie Limited was

installing solar panels on the roof of a commercial building.

The inspector identified workers on the roof without any form

of fall protection and a prohibition notice was served. When

the HSE inspector returned to the site three days later there

was further unsafe work being carried out on the roof.

Sasie Limited pleaded guilty to breaching Sections 2(1) and

Sections 33(1)(g) of the Health and Safety at Work etc Act

1974 and also Regulation 6(3) of the Work at Height

Regulations 2005. The company was fined £10,000 and

ordered to pay costs of £6,300.

The director pleaded guilty to breaching two counts of Section

37(1) of the Health and Safety at Work etc Act 1974 and was

fined £500.

Speaking after the hearing HSE inspector Dominic Goacher said

“Falls from heights are one of the biggest causes of workplace

fatalities and major injuries.

“All work at height must be properly planned irrespective of

the task being undertaken and those in control must ensure

suitable control measures to prevent falls are in place

throughout the duration of the project”.

A farming company has been fined after a worker fell from a

ladder sustaining significant injuries.

Greater Manchester Magistrates’ Court heard how, on 28

January 2016, an employee of Edge Farming Company was

cleaning the gutters on a farm building when the ladder he was

working on slipped down the face of the building. The

employee suffered a broken arm, shoulder and fractured

elbow as a result.

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

found there was inadequate control measures in place with

regards to working at height. There was no specific risk

assessment for the cleaning of gutters even though it was a

regular occurrence on the farm and the company failed to

ensure that there was appropriate information, instruction,

training and supervision. The defendant had also failed to

report the accident within the required timeframe.

Edge Farming Company pleaded guilty to breaching Section 2

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

Regulation 4 of the Reporting of Injuries, Diseases and

Dangerous Occurrences Regulations (RIDDOR) and has been

fined £10,000 and ordered to pay costs of £5,826.74 .

Speaking after the case HSE inspector Rose Leese-Weller said:

“This incident could have been fatal. Those in control of work

have a responsibility to devise safe methods of work and to

provide the necessary information, instruction and training to

their workers. For example, the work in this case could easily

have been carried out using a mobile elevated work platform

or a properly designed and erected mobile scaffold tower.”

Manufacturer fined Company and director fined Fine following fall from ladder

To receive the HSQE newsletter

each month, just send an email to:

[email protected]

Past copies of the HSQE

newsletter are available from:

www.hsqe.co.uk/downloads

Page 7: IOSH Safety for Executives and Directors · representatives. Assessment is via an online exam and tutor-marked risk assessment project. IOSH Managing Safely in Construction provides

t: 0333 733 1111 | w: www.hsqe.co.uk | e: [email protected] | To subscribe to this newsletter email us at: [email protected] | © HSQE Ltd (2018)

March 2018

An unregistered gas fitter was handed a 26-month suspended

sentence for carrying out gas work after his Gas Safe

Registration had been removed and he had been prohibited

from carrying out further work on gas appliances and fittings.

Coventry Magistrates’ Court heard that 71-year-old Harcharan

Singh Sembi continued to carry out unsafe work on gas

appliances despite having been removed from the Gas Safe

Register and prohibited from doing further gas work by the

Health and Safety Executive (HSE).

An investigation by the HSE found that Mr Sembi was removed

from the Gas Safe Register for failing to meet competency

standards.

Mr Harcharan Singh Sembi pleaded guilty to breaching

Regulation 3(3) of the Gas Safety (Installation & Use) 1998

Regulations and was sentenced to 12 months in custody,

suspended for two years. Mr Sembi also pleaded guilty to

breaching Section 33 of the Health and Safety at Work etc. Act

1974 and was sentenced to 14 months in custody, suspended

for two years. He was also ordered to undertake 40 hours of

unpaid work.

In his sentencing remarks, HHJ Potter commented that Mr

Sembi’s offences were so serious that he would have imposed

an immediate custodial sentence if his personal circumstances

had been different. The defendant’s age and the

circumstances around the support available to his elderly wife

were factors taken into consideration by the Judge in

concluding that a suspended sentence was proportionate.

An agricultural engineering company was fined for serious

safety failings after a worker was injured at its premises near

Blackburn, Lancashire.

Preston Magistrates Court heard how, on 25 November 2016,

a 17-year-old trainee was working for Malcolm E Taylor Ltd at

the company’s site in Langho when he was pulled into

machinery used to make cladding for agricultural buildings.

The employee’s left arm became trapped between the metal

sheeting he was holding and rollers as it was fed into the

machine. The young worker suffered extensive damage to his

left forearm, leaving him in chronic pain and with significant

impairment to the use of his arm.

The Health and Safety Executive (HSE) investigation found that

it was possible for employees to reach dangerous parts of the

roll-forming machine when it was in operation as Malcolm E

Taylor Ltd had failed to suitably guard the machine.

Malcolm E Taylor Ltd pleaded guilty to breaching Regulation 11

(1) of the Provision and Use of Work Equipment Regulations

1998. The company was fined £12,000 and ordered to pay

costs of £2,967.82.

Following the case, HSE inspector Anthony Banks said:

“The dangers of unguarded machinery are well-known. If

Malcolm E Taylor Ltd had ensured that suitable guarding was

in place, then this incident would have been avoided.

Companies should be aware that HSE will not hesitate to take

enforcement action when the required standards are not

met”.

A construction firm has been fined after failing to safeguard

the public and workers from an unsafe excavation and lifting

operation, and not providing adequate welfare facilities for

workers on site.

Greater Manchester Magistrates’ Court heard how, on 23 June

2016, Toft Construction Limited were undertaking the

refurbishment of a domestic property in Salford. A Health and

Safety Executive (HSE) inspector issued two prohibition notices

(PNs) to the company when he found an unsupported, deep

excavation in the front garden with insufficient controls to

prevent members of the public accessing the hazard. The

inspector also found a steel beam being lifted unsafely. There

were no toilet and washing facilities for workers on the site.

The company also failed to comply with an improvement

notice that was issued after the inspector’s visit, for failing to

provide suitable and sufficient welfare facilities.

The HSE investigation found that Toft Construction Ltd did not

properly plan the lifting operations or carry it out safely. The

company failed to take suitable and sufficient measures to

prevent falls into the excavation and to fence it off to prevent

risks to the public.

Toft Construction Limited pleaded guilty to breaching Sections

2(1), 3(1) and Section 33(1) (g) of the Health and Safety at

Work etc. Act 1974. The company also pleaded guilty to

breaching Regulations 15(11) and Regulation 2 of the

Construction (Design and Management) Regulations 2015.

The company was fined £20,000 with £5,176.90 costs.

Unregistered gas fitter fined Engineering company fined Unsafe practices led to fine

Page 8: IOSH Safety for Executives and Directors · representatives. Assessment is via an online exam and tutor-marked risk assessment project. IOSH Managing Safely in Construction provides

t: 0333 733 1111 | w: www.hsqe.co.uk | e: [email protected] | To subscribe to this newsletter email us at: [email protected] | © HSQE Ltd (2018)

March 2018

A scaffolding company and its managing director have been

sentenced after one of its scaffolders suffered a serious injury

whilst taking down a scaffold.

The Court heard LS Scaffolding was contracted to erect a

scaffold and temporary roof over a pair of houses. A worker

fell and broke his femur while dismantling the structure.

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

the incident, that occurred on 28 July 2016, found that LS

Scaffolding Ltd regularly used untrained workers and failed to

ensure scaffold structures were designed by competent

persons. The investigation also found that the company and its

director failed to ensure the work on a complex scaffold was

properly planned, supervised or carried out.

LS Scaffolding Ltd pleaded guilty to breaching Regulations 4 (1)

and 8(b) (ii) of The Work at Height Regulations 2005. The

company was fined £47,000 and ordered to pay costs of

£7,371 with a £170 surcharge. Lakhbir Khakh, director of LS

Scaffolding Ltd pleaded guilty to breaching two counts of

Section 37 of the Health and Safety at Work etc. Act 1974 and

was sentenced to 18 weeks custodial sentence suspended for

12 months and was fined £1,700 with a £115 surcharge.

After the hearing, HSE inspector Dominic Goacher

commented: “It is essential that scaffolding companies ensure

that non-standard scaffolds are safely erected to a design

produced by a competent scaffold engineer and that safe

systems of work are planned and used by competent

workers.”

Airport baggage and cargo handler Swissport GB Limited has

been fined following two accidents at Luton Airport in 2015.

On the 23 June 2015, a ramp agent and team leader was

working at Luton Airport. Using a flatbed lorry and a belt

loader the team leader and his team unloaded the bags from

an aircraft onto a flatbed lorry. Whilst standing on the back of

the flatbed, the worker directed a colleague to take the bags

to the airport inbound terminal. The colleague climbed into

the cab of the flatbed, checked his mirrors and drove away not

realising the team leader was still on the vehicle when it drove

away. The worker fell off the moving vehicle onto the ground

sustaining bruising and damage to his spine. He was off work

for eight weeks.

On 9 September 2015 a second team leader employed by

Swissport was working at Luton Airport on a night shift loading

cargo onto an aircraft using a high-loader. A high-loader has a

platform that raises cargo from the ground up to the aircraft

hold and extends to approximately 9 metres. The high-loader

had been partially raised when the team leader began climbing

the access ladder. As he was climbing the ladder, one of his

feet slipped and he fell backwards to the ground suffering an

impact injury to his right foot.

Luton Crown Court heard that Swissport GB Limited had not

adequately assessed the risk or implemented a safe system of

work to address the risk of employees falling from the rear of

flatbed vehicles being driven away with workers still on the

flatbed. The court heard that Swissport had failed to ensure

that work at height on high-loaders was properly planned,

appropriately supervised and carried out in a safe manner.

Swissport GB Ltd pleaded guilty to breaching Sections 2 (1) and

3 (1) of the Health and Safety at Work1974 and Regulation 4

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

£502,000 and ordered to pay costs of £44,444.

Scaffolding company fined Swissport GB fined for safety failings at Luton airport

Page 9: IOSH Safety for Executives and Directors · representatives. Assessment is via an online exam and tutor-marked risk assessment project. IOSH Managing Safely in Construction provides

t: 0333 733 1111 | w: www.hsqe.co.uk | e: [email protected] | To subscribe to this newsletter email us at: [email protected] | © HSQE Ltd (2018)

March 2018

Rated

“EXCELLENT”

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

You can see what other customers

think about us at

https://www.reviews.co.uk/

company-reviews/store/hsqe-ltd

The feedback we get is collected

from genuine customers via an

independent review service. We do

not believe in publishing just

glowing testimonials from

unverified sources. Ours are warts

and all!

Please get in contact with us at

[email protected] if you do not

see what you are after or if you’d

just like to ask us a question.

Page 10: IOSH Safety for Executives and Directors · representatives. Assessment is via an online exam and tutor-marked risk assessment project. IOSH Managing Safely in Construction provides

t: 0333 733 1111 | w: www.hsqe.co.uk | e: [email protected] | To subscribe to this newsletter email us at: [email protected] | © HSQE Ltd (2018)

March 2018

Network Rail Infrastructure Limited has been fined £733,000

for a freight train derailment that occurred in 2013.

The train partially

derailed four miles

south-west of

Gloucester station. It

continued to travel

until it reached

Gloucester West

Junction, where a

collision with the facing points caused an empty 5.9 tonne

container to dislodge and fall down an embankment. The

result was extensive damage and debris fell on to the road

below.

The Office of Rail and Road (ORR) found that while staff based

at Network Rail’s Gloucester maintenance depot had identified

an ongoing track defect, heightened by inadequate drainage at

the site of the derailment, its short and medium term repairs

were ineffective and the planned long term solution had not

been implemented.

The ORR prosecuted Network Rail for breaching section 3(1) of

the Health and Safety at Work Act at Bristol Crown Court.

Network Rail was also ordered to pay £70,000 costs.

The Rail Accident Investigation Branch (RAIB) report can be

accessed at: https://www.gov.uk/raib-reports/freight-train-

derailment-near-gloucester

The BBC have run a story about two maintenance workers who

were sacked for raising health and safety concerns about

working in Liverpool Prison.

According to the report, Amey hold the contract for prison

repairs. Amey had sacked the two workers for bringing the

company into disrepute by discussing new working practices

with the prison governor. But an Industrial tribunal disagreed

and ruled that the men were unfairly dismissed.

The men had raised concern that under new changes, staff

were required to carry out most jobs alone, rather than in

pairs. (which had been the practice for many years.) The men

were concerned that their tools and other work equipment

could be snatched by prisoners and used as weapons.

The article can be accessed at: http://www.bbc.co.uk/news/

uk-england-merseyside-43350287

A Birmingham based motor vehicle company has been fined

after an apprentice suffered head injuries whilst undertaking

maintenance work on a commercial vehicle.

Birmingham Magistrates’ Court heard how the Central England

Municipals Limited (CEML) apprentice employee was working

alongside an experienced mechanic replacing air suspension

bags beneath a 39,000kg trailer. The air suspension bag was

still under pressure and ejected sideways striking the injured

person.

The employee suffered a fractured skull and was placed in an

induced coma as a result of this incident.

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

the incident, which occurred on 5 June 2017, found there was

a failure to assess risk, a failure to implement a safe system of

work and a failure to ensure that employees were

appropriately trained and monitored to ensure the task could

be carried out safely.

Central England Municipals Limited (trading as M6

Commercials) pleaded guilty to breaching Section 2(1) of the

Health and Safety at Work etc Act 1974 and has been fined

£20,000 and ordered to pay costs of £921.40.

Speaking after the case HSE inspector Christopher Maher said:

“If a suitable safe system of work has been in place prior to the

incident, the life changing injuries sustained by the employee

could have been prevented.”

Network rail fined for a derailment Unfair dismissal Apprentice fractures skull

Page 11: IOSH Safety for Executives and Directors · representatives. Assessment is via an online exam and tutor-marked risk assessment project. IOSH Managing Safely in Construction provides

t: 0333 733 1111 | w: www.hsqe.co.uk | e: [email protected] | To subscribe to this newsletter email us at: [email protected] | © HSQE Ltd (2018)

March 2018

A construction company has been fined after it carried out

unsafe and unlicensed asbestos removal during the

refurbishment works in a junior school in Dursley.

Cheltenham Magistrates Court heard how, in October 2016, R

F Gardiner Limited removed asbestos in an unsafe manner and

did not have the appropriate licence to carry out the work.

Operatives working for the company were exposed to high

levels of airborne asbestos fibres during the removal work as

no water suppression was used and they had not been face-fit

tested for the face mask they were wearing.

An enclosure under negative pressure was not set up to

contain the asbestos fibres released during the removal and as

such asbestos fibres were spread to the surrounding area.

Workers also had no way of decontaminating onsite on

completion of the work.

An investigation by the Health and Safety Executive (HSE)

found that poor planning of the work meant that unsafe and

unlicensed asbestos removal work was undertaken.

R F Gardiner Limited pleaded guilty to breaching Sections 8(1),

11(1) and 16 of the Control of Asbestos Regulations 2012 and

was fined £28,000 and ordered to pay costs of £1,141.80.

Speaking after the hearing, HSE inspector James Lucas said

“The company in this case should have ensured appropriate

measures were identified during the planning process to

include the engagement of a licensed asbestos contractor to

carry out correct control measures and safe working practices

for the removal of the asbestos.

A plastic product manufacturer has been fined £1million after

a delivery driver was fatally injured.

Cambridge Crown Court heard how Gareth Wilson, a delivery

driver for Mark Doel Transport Ltd, was fatally injured when he

was struck by a fork lift truck which had large coils suspended

from the forks.

An investigation by the Health and Safety Executive (HSE)

found Glynwed Pipe Systems Ltd failed to properly manage

workplace transport in the yard area where employees and

members of the public were exposed to the risk of being

hit. The investigation also found that the systems of work in

place were not, so far as is reasonably practicable, safe.

Glynwed Pipe Systems Ltd pleaded guilty to breaching

Regulation 2(1) and 3(1) of the Health and Safety at Work etc.

Act 1974 and have been fined £1million and ordered to pay

costs of £27,942.57

Speaking after the hearing HSE inspector Roxanne Barker

said: “There are more than 5,000 accidents involving transport

in the workplace every year, and, like in this case, sadly some

of which are fatal.

“The HSE investigation found the yard was not organised to

allow safe circulation of people and traffic as appropriate

routes were not identified and therefore insufficient in

number. A properly implemented Traffic Management Plan

should have identified sufficient measures for the separation

of vehicles and people including protected walkways, clear

signage and barriers.”

Southern Health NHS Foundation Trust has been fined £2m

after a series of management failings led to the deaths of two

vulnerable patients at different facilities owned by the Trust.

The Health and Safety Executive (HSE) prosecution follows the

deaths of 45-year-old Teresa Colvin at a Southampton Mental

Health Hospital and the death of 18-year-old Connor

Sparrowhawk at a specialist unit in Oxford. Both centres were

under the management of Southern Health NHS Foundation

Trust.

Oxford Crown Court heard both HSE investigations found a

series of management failings leading up to both deaths

including a failure to control risks, and failures in planning.

Southern Health NHS Foundation Trust, pleaded guilty to two

breaches of Section 3(1) of the Health and Safety at Work etc.

Act 1974. For the breach relating to Teresa Colvin, the

sentence was a £950,000 fine. For the breach relating to

Connor Sparrowhawk’s death, the sentence was a fine of

£1,050,000.

HSE’s deputy director of field operations Tim Galloway said:

“These tragic incidents could have wholly been avoided with

better supervision and planning. Instead two families are left

utterly devastated and let down by those who had a duty of

care for their loved ones.

“The Trust was responsible for caring for those suffering with

mental health issues and caring for those with learning

difficulties. On these two occasions it failed these two patients

and their families.”

Unsafe work with asbestos leads to fine £1m fine following fatal injury NHS trust fined

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March 2018

Anglian Water has agreed to pay £50,000 to an environmental

charity after a manhole overflowed with black sludge and grey

liquid into a watercourse in Bedfordshire due to a blocked

sewer.

An enforcement undertaking (EU) has been agreed with the

water company, which has donated £50,000 to the Wildlife

Trust for Bedfordshire, Cambridgeshire and

Northamptonshire. The Environment Agency accepted the

offer by the water company to put right any damage caused by

the pollution and to donate to an environmental charity.

The money is to benefit the local environment of Nene Valley

and Ouse Valley Living Landscape areas. Anglian Water also

paid back the Environment Agency’s costs of £3,451.

Chris Tate, Environment Agency Team

Leader, said:

“Enforcement undertakings allow those

who commit offences to restore the

environment and to take steps to prevent

a recurrence.

“When appropriate, they allow a quicker

resolution than a prosecution and help

offenders who are prepared to take

responsibility for their actions to put things

right voluntarily working with their local

communities.”

Due to the pollution, which raised

ammonia levels in the watercourse at

Highfield Farm near Ravensden, the

incident was classified as a category 2 by

the Environment Agency.

The blockage in the sewer was in the

branch from Yarlswood Immigration

Centre and included single-use shampoo sachets which the

immigration centre provided for its residents. There had been

six blockages on the same stretch of sewer since 2011 when

the sewer was transferred to AWS. It was not mapped onto

the company’s mapping system until after this incident in June

2015.

A Lincolnshire holiday park company has been ordered to pay

over £8,500 after illegally burning waste on one of their sites.

Seaside Leisure Parks Ltd was convicted for burning a waste

pile consisting of mattresses, sofas, and plastic chairs among

other things on 4 July 2017. The Environment Agency (EA),

which brought the case also found evidence of previous waste

fires on site.

The Fire and Rescue Service had to attend to put out the fire.

Following this incident, the company did not take the

appropriate action to remove the waste for another month,

instead leaving the waste and fire residues on site. By not

paying for legal disposure of the waste, Seaside Leisure Parks

Ltd avoided costs of approximately £2,000. The company had

previously been warned for the same type of offending in two

letters from the EA in 2010. At interview, the company

admitted that the waste costs formed a considerable part of

their running costs.

Seaside Leisure Parks Ltd was convicted ordered to pay a

£5,000 fine as well as £3,496.50 in costs and a victim surcharge

of £170.

Anglian Water pays £50,000 after water pollution incident Unsafe practices led to fine

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March 2018

The government has announced that people in England will

soon have to pay a deposit when they buy drinks bottles and

cans in a bid to boost recycling and cut waste.

The deposit will increase prices, but consumers will get the

money back if they return the container.

The scheme is expected to cover single-use glass and plastic

bottles, and steel and aluminium cans.

Full details are subject to consultation and yet to be decided,

including how big the deposit will be. But similar schemes

elsewhere range from 22p in Germany and 8p in Sweden.

Environment Secretary Michael Gove said there was no doubt

that plastic was "wreaking havoc" on the marine environment

and discarded plastic bottles and cans "end up dumped on

pavements and lobbed into rivers, lakes and the sea".

He continued:

"We have already banned harmful microbeads and cut plastic

bag use, and now we want to take action on plastic bottles to

help clean up our oceans.

"We need to see a change in attitudes and behaviour. And the

evidence shows that reward and return schemes are a

powerful agent of change.”

Scotland has already announced plans for a deposit return

scheme. Wales is looking to help implement a UK-wide system.

Northern Ireland will consider the approach as part of a

review .

Similar schemes around the world have led to significant

increases in the amount of plastic recycled.

Tests on major brands of bottled water have found that nearly

all of them contained tiny particles of plastic.

In the largest investigation of its kind, 250 bottles bought in

nine different countries were examined.

Research led by journalism organisation Orb Media discovered

an average of 10 plastic particles per litre, each larger than the

width of a human hair.

The tests were conducted at the State University of New York

in Fredonia.

Currently, there is no evidence that ingesting very small pieces

of plastic (microplastics) can cause harm, but understanding

the potential implications is an active area of science.

The report can be accessed at:

https://orbmedia.org/sites/default/files/

FinalBottledWaterReport.pdf

Deposit scheme for drinks containers announced Plastic particles found in bottled water

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UK consumers use around 13 billion plastic

drinks bottles a year. Of those, about 3 billion

are not recycled.