Inside this issue:

Health and Safety Sentenc-

ing Changes

1

Changes to the Wearing of

Head Protection

1

2

Handson ‘Cartoon Capers’ 2

2

2

‘Court Case Corner’

Recent (UK) Prosecutions

3

About Handson Safety

Services Limited

4

Recommendations 4

Course Training Dates

March 2016 – August 2016

Why Not Come

and Join us ?

4

Your Safety

in Our Hands

Changes to the Legal Requirement for the Provision

and Wearing of Head Protection

March 2016

Issue 34

The Handson team

continue to be

dedicated to providing a

professional and

comprehensive training and

consultancy service to our

Clients /Friends.

We are pleased to say that

once again we have achieved

excellent results in our

accredited courses, making

new friends along the way,

which is always pleasing.

New delegates continue to

join our rolling NEBOSH

National Diploma Programme.

Unit B ‘Hazardous Agents in the

Workplace’commences on

April 19th 2016 - Why not take

the leap and come and join us?

We promise to treat you gently.

Ralph Stubbs - Director

The Health and Safety (Miscellaneous Repeals, Revocations and Amendments) Regulations 2013

were laid before Parliament on 4 March and came into force on 6 April, and will now be used to repeal

one Act and revoke twelve instruments (plus a related provision in the Factories Act 1961).

The Construction (Head Protection) Regulations 1989 are being removed because they have either

been overtaken by more ‘up to date’ Regulations, are redundant or do not deliver the intended benefits.

These changes do not compromise essential health and safety protections, with the aim being to

make the legislative framework simpler and clearer.

This work is part of wider reforms to help employers understand quickly and easily what they need to

do to manage workplace risks, and HSE is taking action to raise awareness of the changes, including work-

ing with the construction industry (particularly small contractors) to ensure that it understands the continu-

ing need for employers to provide hard hats and ensure they are worn on construction sites.

Hard hats remain vital in protecting construction workers from head injuries, and employers will need to

comply with the requirements of the Personal Protective Equipment Regulations

1992 which have been amended so that they cover the provision and use of head

protection on construction sites thus maintaining the level of legal protection

when the Construction Head Protection) Regulations are revoked.

Handson Safety Services provide regular Construction Skills public training courses throughout the year

including the 5 day Site Managers Safety Training Scheme (SMSTS), 2 Day Site Supervisors Safety Training

Scheme (SSSTS). We have now launched our Construction Skills Accredited 1 Day ‘Health and Safety

Awareness’ course required by site operatives wishing to gain their CSCS card.

We are now also delivering a 1 Day CDM 2015 Awareness course to bring you up to

date with the latest legislative changes affecting the construction industry sector. Why not come along and gain a good understanding of construction site safety legislation.

Health and Safety Sentencing Changes

February 2016 has seen the most fundamental change in Health and Safety enforcement for over

40 years, with the introduction of new sentencing guidelines for both Health and Safety and

Corporate Manslaughter offences.

It sets out a detailed approach tied to corporate turnover that will apply to all Health and Safety offences

committed by companies and individuals as well as to corporate manslaughter offences sentenced in the

courts from 1 February 2016 onwards.

There are now five categories of business ranging through micro, small, medium and large to very large.

(e.g. a large company is one that has a turnover or equivalent of £50 million and over).

Fines for Health and Safety offences by large companies will generally fall within a wide range of fines

from £6,000 to £3 million, with starting points for each of the categories ranging from £10,000 to

£1.2 million depending on the degree of culpability and harm.

There are now four categories of culpability:

1. Very high: deliberate breach of, or flagrant disregard for the law.

2. High: falling far short of the appropriate standard e.g. failing to put industry standards in place,

ignoring concerns raised, failing to make changes following an incident, allowing breaches to

continue for a long time. Serious and/or systemic failure within the organisation to address risks to

Health and Safety.

3. Medium: falling short of the appropriate standard in a manner that falls between high and low

categories e.g. systems were in place but these were not sufficiently adhered to or implemented.

4. Low: falling not far short of the appropriate standard e.g. significant efforts were made to

address the risk but were inadequate on this occasion, there was no warning/circumstance

indicating a risk to Health and Safety. Failings were minor and occurred as an isolated incident.

Prior to the introduction of this guideline a large organisation convicted of a Health and Safety offence

causing death could expect to be fined a sum of money that would seldom be less than £100,000 and

may in fact be hundreds of thousands of pounds or more.

In practice, the courts have generally tended to impose fines between around £250,000 to £350,000 on

large companies guilty of failings which cause death.

However, under the new guidelines those same companies can now realistically expect a fine of £1.2 mil-

lion, with a range of £500,000 to £3 million.

Where the fine will end up within this range will be dependent on a detailed assessment of factors that

mitigate and/or aggravate the offence.

It should be noted that the same categorisations of culpability and harm for companies will also apply to

the assessment of sentence for individuals convicted of Health and Safety offences.

The applicable sentence ranges at the lowest end from a conditional discharge and/or fine measurable

in relation to income, through to community service and/or greater fine and then up to two years’ impris-

onment, however, the worst offences of harm category 1 with very high culpability will lead to a sentence

within a range of one to two years in custody, with a starting point of 18 months in custody to be in-

creased or decreased by reference to aggravating and/or mitigating features.

While imprisonment remains available through most of the ranges of offence, any person convicted of

high or very high culpability, leading to or risking death, can expect a term of imprisonment of one to

two years, without a fine as an alternative.

Tameside housing trust has been fined after a

24-year-old worker suffered severe injuries to his

left hand when it was struck by a metal blade on a

ride-on mower, resulting in his thumb and forefinger

being amputated, and he is now unable to grip with

his left hand or use his remaining fingers.

The worker from Stockport, who has asked not to

be named, sustained several broken bones in the inci-

dent on Hitchen Drive in Dukinfield on

28th March 2014.

Manchester Crown Court heard the worker was

using a ride-on mower for the first cut of the season,

with a grass box attached.

The chute to the grass box often became blocked,

as the grass was long and wet.

On one occasion, the employee reached into the

chute to clear a blockage when his hand came into

contact with a metal fan, which was still rotating.

New Charter Housing Trust was prosecuted by the

Health and Safety Executive (HSE) after an investiga-

tion found that:

- The organisation had failed to consider the risks

from the work

- The organisation had failed to provide professional

training or to give clear instructions on what to do if

the mowers became blocked

- The worker had not received training on how to use

the mower, and did not know that the fan continued

to rotate for around 30 seconds after the engine

was switched off.

New Charter Housing Trust, of Cavendish Street in Ashton-

under-Lyne, was fined £140,000 and ordered to pay

£70,000 in prosecution costs after being found guilty of a

breach of the Health and Safety at Work etc. Act 1974.

Speaking after the hearing, HSE Inspector

Sarah Taylor said:

‘A young worker has suffered injuries that will affect

him for the rest of his life but they could easily have

been avoided. New Charter Housing Trust should

have planned the work properly and provided ap-

propriate training, so workers knew to wait for

the fan to stop.’

Your Safety in Our Hands

Handson Safety Services can assist you in ensuring that you are brought up to date with legislative changes

and will also continue to provide a high standard of accredited and bespoke courses to suit the specific needs

of our clients delivered in a professional and competent manner.

Firms Fined After Two Employees Were In-

jured in Cold Store Collapse

Housing Trust Fined Following Ride-on Mower Incident

Handson ‘Cartoon Capers’

Two companies were fined for safety failings that led to two

workers being seriously injured at a construction site when a

cold store collapsed under them.

John Sisk and Son Limited (Sisk) of St Albans, Hertfordshire was

appointed as principal contractor for fitting out a new distribu-

tion warehouse in Motherwell.

Hemsec Installations Limited (HIL), of Birkenhead was subcon-

tracted to design and construct the cold store structure.

Hamilton Sheriff Court heard how on 12th October 2010, Guy

Davies, (27) and Nayan Patel, (20) two workers employed by

Sitewatch (a subcontractor of Sisk), were seriously injured when

the roof lids of the partly constructed cold store collapsed whilst

they were working on them.

Guy Davies suffered serious fractures to his thigh bones and

his right kneecap.

Nayan Patel suffered two fractures to his right arm requiring a

metal plate, and a number of fractures to his foot.

John Sisk and Son Limited, of Curo Park, Frogmore, St. Albans,

Hertfordshire was found guilty of an offence under Section

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

fined £64,000.

HIL Installations Limited (formerly known as Hemsec Installations

Limited) was found guilty of an offence under Section 3(1) of the

Health and Safety at Work etc. Act 1974 and fined £71,000.

After the hearing, HSE principal inspector Graeme McMinn said:

xxxxxx ‘The accident could have been prevented if Sisk had enforced

their permit to work system and ensured that workers were

not allowed access to the roof lid section until they

received confirmation that the roof lid section had

been installed correctly and was safe.

HIL should have ensured that their sub-contractor had installed

the connections between the roof lid and cold store wall in

line with the design specifications, and should also have

checked that these connections were safe before allowing

Sisk access to the roof lids.’

The ‘French Connection’ Safety Initiative

Handson have been working alongside Freyssinet to develop a

4 day Health and Safety training course specifically aimed at their

Site and Project Management teams.

The course has been designed to re-emphasise and raise course atten-

dees’awareness of the potential hazards within their working envi-

ronmnents (which encompass all parts of the globe) and the problems

that might be encountered in these diverse areas of the world.

The course although classroom biased involves the delegates working

together to complete a practical exercise together with them individu-

ally passing a multi - choice examination based on both the existing de-

tailed company QSE procedures together with generally accepted

global Health and Safety practices/initiatives.

The inaugural first 2 x four day course/s have now been delivered and

well received, with positive feedback from all persons, and we look for-

ward to the next scheduled courses in March and June and the poten-

tial of additional courses in locations further afield.

*** Handson Safety Now Provide a Qualitative Face Fit Testing Service ***

Handson Safety provide a 1 day Man-

aging Work at Height course de-

signed to assist our Clients to ensure

the highest standards of safety during

such work activities.

The first group of dele-

gates still appear to be

happy and relaxed even

considering that they’ve

just succesfully com-

pleted their multi -

choice exam and also

delivered a thoroughly

professional presentation

to the team.

Excellent !!

‘Court Case Corner’ - Recent (UK) Prosecutions

Issue 34

Handson Safety Services Limited continues to excel in assisting companies to implement

Safety, Health and Environmental systems, designed to minimise the potential risks to

colleagues and employers alike. For more information on our consultancy and training

packages please feel free to contact our admin support team on:

01270 252009

enquiries@handson-safety-services.co.uk - or - www.handson-safety-services.co.uk

We specialise in Quarry and Construction safety

Coachbuilder Fined £50k After Young Worker Loses Finger

Firm Sentenced After Worker Loses Hand in Machine

A Cheshire coachbuilding firm has been fined after a worker sustained injuries to his

hand when using an unguarded planer.

The company, which has previously been prosecuted for two fatal accidents, had identified ma-

chine guarding as a control measure within its risk assessment.

Trafford Magistrates’ Court heard how on 9 December 2013, a 21-year-employee at

S. Cartwright and Sons (Coachbuilders) Ltd, was feeding wood over the planer when

his fingers touched the blades, resulting in the amputation of his little finger and injuries to

his right hand that later required skin grafts.

A Health and Safety Executive (HSE) investigation found the guards on the machine

were not in the correct position.

The injured worker had previously used the machine with others to help with guiding wood,

but had never used it on his own prior to the incident.

The court was told that the incident could have been prevented had machinery guarding

been in place, a control measure identified in the company’s own risk assessment.

The firm did not ensure management systems were in place to achieve sustained

compliance to safety measures.

The company also failed to monitor and supervise untrained employees entering the

woodwork shop.

The court heard the company had been prosecuted three times by HSE over safety failings

which included two fatal accidents and have received 12 enforcement notices since 2001, in-

cluding an Improvement Notice in 2006 regarding no suitable and sufficient risk assessment.

Cartwright and Sons (Coachbuilders) Limited of Atlantic Street, Broadheath, Altrincham,

Cheshire pleaded guilty to breaching Section 2 (1) of the Health and Safety at Work etc. Act

1974 and was fined £50,000 with £5890 costs.

HSE inspector Adam McMahon said after the hearing:

‘A man suffered life changing injuries which could have been prevented had the company’s

safety systems been properly managed, therefore the management of Health and Safety systems

is paramount in order for companies to ensure employees safety, wellbeing and morale.’

A Manchester waste plastic recycling firm has been fined after

an employee’s hand was severed when dragged into a

granulator machine.

CP Plastics Limited was prosecuted by the Health and Safety Execu-

tive (HSE) following an incident at Manchester New Rd, Middleton,

Manchester on the 4th March 2015.

Manchester Magistrates’ Court heard the employee, who has

been deaf since birth, has been severely affected by the injury.

The loss of his right hand in the incident means that he is unable

to drive or work and is finding it difficult to use sign language

to communicate.

The 50-year-old employee had been feeding a granulator

machine with waste plastic.

During the process the machine slowed down so he went to look

through an inspection hatch to find the cause.

He was reaching inside the machine in order to pull through the plas-

tic which was slowing the machine, when the plastic wrapped

around his right hand and dragged it into the granulator blades.

The HSE investigation found there was no safe system of work in

place, that the inspection hatch should not have been on the ma-

chine and employees should not have had access to the dangerous

cutting blade.

The investigation also found that the company had failed to

provide Employer’s Liability Compulsory Insurance (ELCI) at the

time of the incident.

CP Plastics Ltd pleaded guilty to two offences, one breach of Regula-

tion 11 of the Provision and Use of Work Equipment Regulations 1998,

and one breach under Section 1 of the Employers Liability (Compulsory

Insurance) Act 1969. In an un-

usual ruling the company was fined £1500, but the judge also

ordered CP Plastics to pay £17,000 in compensation to the injured em-

ployee, and ordered to pay £1,500 towards prosecution costs.

Speaking after the hearing HSE Inspector Emily Osborne said:

‘This incident could easily been prevented if the company had

suitable measures in place to ensure workers could not access the ro-

tating cutters in the granulating machine, which would include ensur-

ing guards were fitted correctly on the machine.

The firm’s failures led to a worker suffering a severe and life changing

injury, and that every employer needs to ensure that they have Em-

ployers Liability Compulsory Insurance in place to ensure em-

ployees can claim compensation if they are injured or become

ill as a result of their work.

It is completely unacceptable to not have basic insurance in place,

and, where such breaches are identified they will be pursued by HSE.’

Handson Safety Services Limited is an established Safety, Health

and Environmental consultancy and training provider, offering

consultancy support and training services throughout the UK.

Our level of expertise enables us to be able to provide a

complete service, from the carrying out of initial site inspections

to the provision of practical solutions to any problems identified.

We also deliver professional accredited or bespoke in-house

or open public course training on a wide range of topics.

Consultancy:

We have a large multi-disciplined team of highly-qualified

consultants, who are able to offer complete solutions for all your

Safety, Health and Environmental needs; including the provision

of a Competent CDM Co-ordinator service.

Training:

We aim to meet the needs of your organisation and regularly run

NEBOSH, IOSH and Construction Skills courses with excellent pass

rates. Furthermore, we can now offer other courses on a wide

range of sector-specific topics, including Drivers CPC Periodic

Training.

Ralph Stubbs

BSc (Hons), AIEMA, MIQ, IMaPS, FIIRSM, CFIOSH

Phone/Fax: 01270 252009

Email: enquiries@handson-safety-services.co.uk

Web: www: handson-safety-services.co.uk

Together we can make a difference!

About Handson Safety

Services Limited

We are also able to write and deliver numerous bespoke industry/task specific courses, and

would be pleased to provide you with further information on request.

More detailed information about our extensive suite of courses is available on our

website: www.handson-safety-services.co.uk or contact one of the team on: 01270 252009

We hope we can work with you to enable your colleagues to work in a safe and productive manner.

Course Duration Type March

2016

April

2016

May

2016

June

2016

July

2016

August

2016

SMSTS 5 Days Block 18th - 22nd 20th - 24th 15th - 19th

SMSTS

5 Days

Day Release

6th (1)

13th (2)

20th (3)

27th (4)

3rd (5)

SMSTS Refresher 2 Days Block 17th - 18th 4th - 5th 14th - 15th

SSSTS 2 Days Block 9th - 10th 16th - 17th 4th - 5th

SSSTS Refresher 1 Day Day Release 25th 27th 30th

NEW - CITB

H & S Awareness

1 Day

8th

29th

3rd

30th

11th

8th

CDM 2015 (Update) 1 Day 1st 6th 11th

IOSH

Managing Safely

5 Days

Block

21st - 24th

9th - 12th

18th - 21st

IOSH

Directing Safely

1 Day

21st

16th

11th

IOSH

Working Safely

1Day

10th

19th

22nd

NEBOSH

National General

Certificate

10 Days

Plus

Exams

Block

1st - 4th

Revision 14th

&15th

Exam Day

16th

25th - 29th

9th - 13th

Revision

26th &27th

Exam 1st

8th - 12th

&

22nd- 26th

NEBOSH

National General

Certificate

10 Days

Plus

Exams

Day

Release

2nd(9)

9th (10)

Revision 14th

&15th

Exam Day

16th

23rd (1)

30th (2)

6th (3)

13th (4)

20th (5)

27th (6)

4th (7)

11th (8)

18th (9)

25th (10)

Revision 26th &27th

Exam 1st

29th (1)

6th (2)

13th (3)

20th (4)

27th (5)

3rd (6)

10th (7)

17th (8)

24th (9)

31st (10)

NEBOSH

National

DIPLOMA

10 Days

+ Revision

+ Exams

Day

Release

Unit B

19th (1)

26th (2)

3rd (3)

10th (4)

17th (5)

24th (6)

31st (7)

7th (8)

20th (9)

21st (10)

28th (11)

Revision 5th

Exam ‘A’ 12th

Exam ‘B’ 13th

Exam ‘C’ 14th

Public Course Training Dates

March 2016 – August 2016

Secure your place now by calling 01270 252009

** NEBOSH National Diploma Day Release - ‘Module B’ commences on April 19th 2016!! **

NEBOSH NATIONAL

DIPLOMA

Commences on

October 22nd

Book Your Place Now

We believe that recommendations go a long way!

** CDM 2015 ** - A One Day course designed to ensure delegates are made

aware of the recent legislative changes in this Construction specific legislation.

Please contact the

office for details of

our ‘In-house’

CPC Periodic Training

courses