Stagesafe

News for 2007

May

CCA advocates Corporate Manslaughter Bill

As the final date of approval for the Corporate Manslaughter Bill approaches (17 July), the Centre for Corporate Accountability (CCA) is continuing to push for the Bill to become law. The Corporate Manslaughter and Homicide Bill 2006, published in July 2006, is designed to make it easier to prosecute  companies for health and safety failings, which result in fatalities.

The final stage for this Bill is for amendments made by the House of Lords in February to be debated in the House of Commons. The Bill has been juggled to and fro in the Houses of Parliament, as there is an argument over whether government bodies such as prisons, police cells and psychiatric hospitals should be subject to the legislation.

If this Bill passes with the House of Lord’s amendments, it would foresee UK legislation taking its first stance in directly prosecuting organisations for failing to take regard in the proper management of health and safety resulting in severe fatalities.

Information on the Bill’s progress and the text of the Bill itself can be found here.

Avoid a fete worse than death

Class action

Teachers are at particular risk of being sued when they take pupils on school trips. But the government and the National Union of Teachers (NUT) are very keen to urge teachers to continue as normal. Successful claims against teachers 'actually happen very rarely,' says spokeswoman Olive Forsyth of the NUT. 'You get a letter, you come to your trade union. We write back and say they don't have a case. It goes away.'

It has to be said, however, that the National Association of Schoolmasters/Union of Women Teachers (NASUWT), while also trying to be encouraging, sounds a much more cautious note. 'It is a significant, if not growing, issue in schools,' says Patrick Roach of the union. 'When claims come in, they can be quite significant and devastating. And teachers can find themselves cut adrift, on their own, when it comes to parental claims.'

Points for teachers to be aware of include:

  1. Whether your school has insurance to cover school trips (and the NASUWT has come across cases where schools do not have it).
  2. The risks of taking on the role of 'educational visits co-ordinator' in any school. The NASUWT advises teachers against taking this responsibility on unless they have been trained in risk assessments and other very specific issues.
  3. Very simple practical problems - such as exposure to sunlight on trips. Should teachers apply sun cream to children or not? Sex abuse claims against teacher are rising - and the application of sun cream is a potential problem area.

The government is currently working on checklists and good practice guides for teachers under the 'Learning outside the classroom' manifesto, which it published last November.

Maypole dancing returns to village

Eight years after a maypole accident led to a legal battle, volunteers are once again free to run events without fear of a lawsuit. When maypole dancing resumes on East Dean village green on 14 July after a break of eight years, it will be an emotional experience. The Brownies clutching their maypole ribbons won't just be celebrating the return of good weather, but also the right of volunteers to organise such events at all.

The last time a maypole dance was held at the annual fete in the West Sussex village, it set in train a legal debate that led to the Court of Appeal. Two years after the event, the hole in which the maypole stood had mysteriously been excavated and a woman crossing the village green - a Mrs Yvonne Cole - tripped over it, broke her leg, and claimed £150,000 in damages. Six years on, the Court of Appeal found in favour of the organisers, the local Royal British Legion, whom the judges said had taken all reasonable precautions - including filling in the hole at the time.

The case has been celebrated around the world as a victory for common sense - in its judgment in March, the Court of Appeal spoke of the 'happiness and good fellowship' that abounds in the country because of such events. Though only a few thousand people live in East Dean, which is near Eastbourne, it has 26 local clubs (including chess, cricket and the NSPCC) and a social calendar that boasts an average of one club event every fortnight. Just about every volunteering activity in the country would have been jeopardised if the Court of Appeal had supported the High Court's decision and forced the legion to pay out.

Nevertheless, millions of volunteers will still be wondering whether they dare risk the wrath of the 'compensation culture' and organise that street party, fun run, cake stall or darts match. Stuart Love of Perkins Slade, one of the biggest specialists in insurance broking for swimming, gymnastics and athletics events, says: 'If someone is hurt, it is not really an accident any more; there's no such thing as an accident now. If they tripped over, they will say that the ground was not worthy. And there are plenty of "no win, no fee" solicitors who will take their case.'

However, the government, insurers and solicitors are encouraging volunteers to keep up the good work. They all point out that the number of claims against organisers actually plateaued three or four years back. There were 755,000 claims for personal injury in 2004-05, the latest year for which the Department for Constitutional Affairs can provide figures. What is increasing is the size of payout: £1.7bn was paid out by insurers for personal injury claims in 2005 - three times the £580m paid out in 2000, according to the Association of British Insurers. Love says that most events do not result in an insurance claim, but he adds: 'When they happen, they tend to be fairly expensive.'

Solicitors say that volunteers who take reasonable precautions should be safe. 'Only a "reasonable standard of care" is expected - that which the man on the Clapham omnibus would consider reasonable,' says Deirdre Healey of law firm Pannone. In East Dean, the locals are delighted at the return of the maypole. While the Brownies are dancing, a range of other groups, from the badminton club to Neighbourhood Watch, will be selling cream teas and hoping to attract new members. Peter Hobbs, president of the local British Legion, says he and colleagues 'were all very concerned' while the case was going on. But 14 July will be a big celebration. 'Village traditions are being maintained,' he says.

Institute of Directors lead on Health & Safety guidance

Directors and boards have a vital role in the achieving of high standards of workplace health and safety by their organisation. But what are directors and boards expected to do in overseeing their organisation’s health and safety performance? At the request of the Health and Safety Commission (HSC), the Institute of Directors (IoD) is leading a steering group consisting of key stakeholders to oversee the production of new, authoritative guidance setting out what is expected of directors.

One aim of the HSC has been to ensure that all organisations with boards have an understanding of their responsibilities for health and safety performance. That means organisations in the private, public and third sectors (including the voluntary and charitable sectors). In 2001, the HSC issued guidance for directors. However, following a re-examination of the issue last year, the Commission determined that new guidance was needed to build on the progress made since the earlier publication, to do more to get the health and safety message over at board level.

The IoD is now seeking views on a draft version of the new draft guidance. In particular it is looking for feedback on the following issues:

In due course it is intended to produce a version of the guidance specifically aimed at smaller organisations. The draft guidance can be found here.

Company fined for insecure load

Haulage companies have been reminded of the importance of having properly secured heavy loads, following the death of a driver in Leith. Steel fabrication company, McDonald and Ross Ltd, and a road haulage sole trader, Ron Boyd Trading, have been fined a total of £37,500 at Edinburgh Sheriff Court.

The charges related to an incident in which employee Nicholas McKellar died after a steel beam weighing almost 1000kg fell from a vehicle as it was being unloaded, on 10 October 2005. McDonald and Ross Ltd was contracted by a residential developer to fabricate, deliver and erect a steel framed building; however it was unable to deliver the steel to the construction site and therefore subcontracted delivery to The Ron Boyd Group.

On 8 October 2005, McKellar, employed as a driver by Ron Boyd, helped to load the steel onto one of Ron Boyd's vehicles. The vehicle containing the steel was then driven to the site where McKellar was met by two of McDonald and Ross Ltd's employees and directed to park next to the pavement across the road from the construction site, where the steel was to be unloaded. McKellar began to remove the straps that retained the load on the vehicle, however the load had become unstable and a steel beam fell to the ground striking him.

The HSE investigation revealed that McDonald and Ross Ltd had failed to assess the risks involved in loading and unloading steel. It also failed to ensure that the steel was correctly placed upon the timber bearers on the vehicle. Meanwhile, Ron Boyd had failed to ensure that his employees involved in loading, unloading and transporting steel had been properly trained.

McDonald and Ross Ltd was fined £30,000 after pleading guilty to a breach of section 3(1) of the Health and Safety at Work Act 1974 (HSWA), in that it failed to conduct its undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in its employment were not exposed to risks to their health or safety. Ron Boyd Trading was fined £7,500 after pleading guilty to a breach of section 2(1) of HSWA, in that it failed to “ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees."

HSE Inspector Isabelle Martin commented after the case: “It is entirely foreseeable that a load on a vehicle will move during transit on the road. It is therefore important that the load is placed onto the vehicle in its most stable orientation and that appropriate measures are taken to ensure that it cannot fall from the vehicle at any time. It is also important that the stability of the load is assessed prior to beginning to unload it.

"This incident could, therefore, easily have been prevented. The beam that fell from the vehicle was one of three identical beams placed on the vehicle. Each of these beams could have been placed on their side therefore making it very unlikely that they could fall."

Press Release from the British Standards Institute

The British Standards Institution (BSI) today invited event organisers, venues and suppliers to trial the world’s first national standard in sustainable event management.

Designed to provide good practice requirements for planning and managing sustainable events of all sizes and types BS 8901 Sustainable events management system - Specification with guidance for use is now available as a Draft for Public Comment (DPC) prior to its publication in the autumn. During this final development stage BSI is inviting the events industry to test the standard by applying the draft to their own activities and by participating in pilots.

BS 8901 will encompass the complete range of events from large-scale business conferences and one-off events such as the 2012 Olympics, to music festivals, air shows and amateur fundraising events. BS 8901 will help the industry to publicly demonstrate its commitment to sustainability and will provide a route map that explains sustainability in event management as well as how to develop and benchmark this capability in organisations.

As Mike Low, Director of BSI British Standards explained: “With an estimated worth of at least £3 billion, a predicted continued rise in costs, the challenges of climate change and a demand for social responsibility, there is increasing pressure on the event industry to demonstrate good practice in sustainability. Those that are first to use BS 8901 are likely to gain a healthy competitive advantage and those that trial it will help make sure that the standard becomes an invaluable addition to the event management toolkit.”

To download a copy of the draft visit www.bsi-global.com/bs8901. To register interest in trialling the standard contact britishstandards [at] bsi-global.com by Monday 4 June 2007.

HSE dispells myth of risk assessments

The HSE’s recent ‘myth of the month’ for May aims to dispel some of the stories and beliefs attached to conducting risk assessments; in particular the myth that they must always be long and complex. On the HSE’s myth of the month page it says:

“On its own, paperwork never saved anyone. It is a means to an end, not an end in itself – action is what protects people. So risk assessments should be fit for purpose and acted upon.

"OK, if you’re running an oil refinery you’re going to need a fair amount of paperwork. But for most, bullet points work very well indeed.”

The HSE claims that its aim with the myth of the month series is to promote sensible risk management. Which, according to the HSE, is about:

It says that sensible risk management is not about:

The issue of excessive risk aversion has gained much publicity of late, with some people maintaining that there is no evidence to say people are becoming more risk averse, and with others claiming that there is. There are also a steady parade of stories in the media highlighting risk averse, or supposedly risk averse, decisions.

For example, today it has been reported that call centre workers at the Vale of Glamorgan Council, who used to be obligated to greet callers in Welsh as well as in English, have stopped the practice because it may strain their vocal cords. The aim is to limit speaking time for staff, recommended by the HSE for good call centre practice. The move has been branded absurd by some, but welcomed by the Communications Workers Union.

In a stinging speech last year Bill Callaghan, Chair of the HSC, launched an attack on excessive risk aversion: "I'm sick and tired of hearing that 'health and safety' is stopping people doing worthwhile and enjoyable things when at the same time others are suffering real harm and even death as a result of mismanagement at work.

"Some of the 'health and safety' stories are just myths. There are also some instances where health and safety is used as an excuse to justify unpopular decisions such as closing facilities. But behind many of the stories, there is at least a grain of truth - someone really has made a stupid decision. We're determined to tackle all three. My message is that if you're using health and safety to stop everyday activities – get a life and let others get on with theirs."

Smoking ban litter headache

When the smoking ban comes into force, along with a myriad of other considerations, businesses are going to have to consider the issue of smoking-related litter. A recent Defra consultation has proposed that litter created by employees around their workplaces, including discarded cigarette ends, could become the responsibility of businesses to clean up.

The proposals would widen the range of premises that face Street Litter Control Notices to include all types of eating and drinking venues and office buildings. This would give local authorities the power to require the occupiers or owners to clear up litter in the immediate area of their premises, including that created by their customers, and to install disposal facilities or risk a fixed penalty notice of up to £110.

Caroline Berkley, a Policy Officer at environmental charity ENCAMS, explains that, “Even though the number of smokers has decreased from 28% of the UK population in 1998 to 24% in 2005 (Office for National Statistics) smoking litter has not had a corresponding decrease. We [ENCAMS] expect the levels of smoking litter to increase when the ban comes into force if the correct measures to stop it have not been put in place.”

If, or as Berkley believes, when Defra’s proposals become law, if a business is issued with a Notice the local authority must set out ‘reasonable requirements’ relating to the clearance of litter or refuse, such as the provision of litter bins or clearance at specified times or intervals.

The named person on the Notice will have 21 days in which to make any representations, which are then taken into account by the local authority when they decide on the content of the Notice. After 21 days the notice will come into effect. If the business fails to comply with the Notice they can be issued with a fixed penalty notice.

As well as potential legal implications, excessive smoking-related litter created by employees smoking outside can also have negative effects on a business' reputation and cause a poor first impression for anyone visiting your site. Local councils are already gearing up to tackle the issue. According to the Local Government Association (LGA) councils are set to step in to deal with up to 25 tonnes of extra cigarette rubbish that could be dumped on Britain’s streets every day as a result of the smoke-free legislation.

To prepare, councils are:

An estimated 122 tonnes of cigarette litter is dropped every day across the UK. Figures from Dublin show that cigarette litter rose by 20% following the Irish ban in 2003. The LGA fears that the same could happen in England and Wales.

Angela Philips of Eversheds comments: “Businesses using their outdoor areas to accommodate smokers may have to consider putting measures in place to control litter and noise. This will be particularly important if businesses have outdoor areas which are exposed to or are on public land. Local authorities have extensive responsibilities and powers to ensure that public nuisances are kept to a minimum.

“Businesses should consider providing litter bins, ashtrays, personal protective equipment and may need to consider employing additional staff to clean and maintain outdoor bins and ashtrays. Requiring existing employees to clear up litter may require a change in their job descriptions. It would also be a good idea to educate employees and customers about their responsibilities as smokers. Signs which ask smokers to use the ashtrays provided, be considerate of local residents when outside, especially late at night and not to drop litter, provide evidence to local authorities that businesses are taking their responsibilities seriously and they will be less likely to impose stiff sanctions in the first instance that complaints are received.”

HSE warns over site communication risk

The HSE is warning contractors to make sure they communicate effectively with each other about specific risks on site. This warning follows the prosecution of three construction companies after an employee was seriously injured.

Three contractors involved in the construction of timber-framed dwellings in Cambridge have been prosecuted at Cambridge Magistrates Court for breaching section 3(1) of the Health and Safety at Work Act 1974. C. J. Murfitt Ltd was fined £14,000, Potton Ltd £7,000 and Shenley Carpentry Contractors Ltd £4,000. The companies were also ordered to pay a total of £8,588 in costs between them.

The prosecutions arose following an incident on 12 January 2006 when workman Darius Griskevicius suffered serious injury after falling five metres into an unguarded stairwell in a block of the flats under construction. The risk presented by the work had been identified but the three companies failed to communicate and coordinate their activities effectively so as to ensure that the simple precautions needed were in place at all times.

Investigating HSE Inspector Sheena Mackinnon says: "Falling from height is a significant cause of death and serious injury on construction sites. The precautions required are not difficult or costly. A great number of the incidents investigated by HSE show that where multiple contractors are involved it is a failure to properly manage and coordinate their actions, which underpin them. Good communications between the Principal Contractor and Specialists contractors is the key to success."

Where contractors are employed to carry out certain tasks within the workplace, there is frequently confusion over health and safety responsibilities – both those of the contractor and the client. The duty of the employer with regard to contractors is set out in section 3(1) of the Health and Safety at Work Act 1974 (HSWA), which states: “It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety.” This ‘undertaking’ for the purposes of section 3 can include work undertaken by a contractor or subcontractor.

Edward McHugh and Andrew McConnell of Dundas and Wilson raise the importance of effectively sharing information in a contractor situation. They warn that it is clear from HSE statements and enforcement action that if a health and safety risk is not properly managed by a contractor, and a death or serious injury occurs, there will be scrutiny of the decision-making process by which that contractor was engaged. “If that process is felt to be deficient, the corporate body that placed the contract will be held to account for that decision.” These types of prosecutions drive home the point that both clients and contractors have health and safety responsibilities in relation to sub-contractors and employees.

As part of the process to satisfy health and safety responsibilities a thorough risk assessment of the work that is to be carried out must be done, and both the client and contractor/s should be party to it. When it comes to carrying out a risk assessment both client and contractor should be involved. The client should already have a risk assessment for the work activities of its own business; any risks identified by this must be communicated to the contractors so that they can do their risk assessment to make sure that risk is picked up, and that appropriate measures are put in place.

Notes on Working Time Regulations 1998

The Working Time Regulations 1998 (“the Regulations”) currently entitle workers to four weeks' paid leave per year (pro-rated for part -time employees). With effect from 1 October 2007, this entitlement will increase to 4.8 weeks and by 1 October 2008, it will be 5.6 weeks (subject to a maximum of 28 days). The increase is designed to reflect the workers’ entitlement to all eight UK bank holidays, although there is no requirement for leave to be taken on these days.

Even though many employers currently provide their workers with a holiday entitlement of 20 days plus bank holidays (i.e. the maximum 28 days per annum referred to above), the proposed amendments to the Regulations will still impact them.

Issues to bear in mind

The Government’s current proposal is to allow the employer and worker to agree whether or not the additional holiday entitlement (over and above the existing four weeks) can be carried over from one holiday year to another: something which is prohibited under the existing Regulations. However, the prohibition on employers paying workers in lieu of their holiday entitlement (save in circumstances where the workers’ employment is terminated) will be retained which means that employers who currently operate such arrangements in relation to holiday entitlement over and above the existing four weeks will be precluded from doing so in relation to the additional days under the Regulations.

Actions for employers to take

With effect from 1 October 2007, those employers who currently provide only the four weeks pursuant to the Regulations will need to re-calculate their worker’s holiday entitlement. This is likely to be complicated by the fact that almost all companies will be part way through their holiday year. This exercise will have to take place again in relation to the further increase on 1 October 2008.

Employers will also need to review their contracts of employment in order to establish whether they provide for statutory holiday under the Regulations plus bank holidays. If so, such contracts will, inadvertently, have the effect of providing workers with 32 days holiday as at 1 October 2007 (i.e. 24 statutory days plus eight bank holidays) and will need to be amended accordingly.

HSE audit reveals shortage of prosecutions

An internal audit undertaken by the HSE into enforcement decisions by both HSE and Local Authority (LA) inspectors found that inspectors should be prosecuting in three times as many cases than they currently do. The audit report, which has been obtained by the Corporate Centre for Accountability (CCA) under the Freedom of Information Act, and has until now not been made public, concludes that there is a “serious gap” in inspectors’ implementation of HSE's own enforcement guidance.

According to the CCA, although the HSE has published a short ‘summary’ of the report on its web site, this fails to show the actual level of enforcement failure uncovered by the audit team and the serious implications for the HSE.

David Bergman, Executive Director of the Centre for Corporate Accountability says: “The report suggests that rather than prosecuting around 700 cases the HSE should be prosecuting close to 2,000 cases each year. The HSE should be apologising for this failure – for the lack of accountability for bereaved families and injured workers as well as for undermining the deterrent effect, which would result from effective enforcement. Real improvements to ensuring enforcement action, in line with HSE’s own policies, must be made.”

The release of the report comes at a time when HSE's own data shows an apparent increase in the rate of work-related deaths twinned with a significant decrease in the number of total prosecutions. Sharp cuts in HSE's budget were also announced earlier this month. An HSE audit team considered a sample of 126 investigations – 70% of which involved cases investigated by HSE and 30% by Local Authority inspectors. The incidents considered mainly involved investigations into deaths, major injuries and over-three day injuries.

The audit team found that inspectors should have prosecuted in a total of 19 cases – 12 more than the seven cases that actually resulted in criminal charges. This is triple the number of cases than were actually prosecuted. Eleven of these 12 cases involved the HSE — rather than Local Authority — investigations.

Of the 11 HSE cases that did not result (but should have resulted) in a prosecution:

The single case involving a local authority concerned a major injury. Out of the 12 new cases that should have resulted in a prosecution:

The failures were identified throughout Britain — the report states that there were no geographical ‘hotspots” — and involved inspectors of differing levels of experience. “What is of particular concern is that HSE’s own Enforcement Policy Statement only allows prosecutions to take place only in the most serious cases; if the HSE can’t be trusted to prosecute even in these cases, what confidence can the public have in the accuracy of any enforcement action taken?” asks Bergman.

The audit report also found that there were six other cases where harsher enforcement action should have been taken. One case that resulted in no action should have resulted in a letter; one verbal advice should have resulted in an improvement notice; three letters should have resulted in an improvement notice; and one verbal advice should have resulted in a prohibition notice.

In total, 18 of the 126 investigations audited — that represents 16% of the total — had resulted in more lenient enforcement than should have taken place. The report recognises that there was not a single example of “over-zealous” enforcement. It concluded that “there is a significant gap in following policies and that incident investigation should be resulting in somewhat more consistent enforcement activity that is currently the case.”

The full report can be found at: http://www.corporateaccountability.org/dl/HSE/enfaudit/HSEaudit.doc.

Report on office workers' health

Employers are failing to do anything about the millions of British office workers who are suffering chronic poor ‘desk health’, a new report has said. The ViewSonic Work@Risk Report shows a clear link between poor ergonomics knowledge and an increase in symptoms such as headaches, eye fatigue and backache.

The study reveals that 46% of office workers spend six or more hours in front of their computer screens a day and the majority (51%) of these are not scheduling appropriate breaks according to ergonomic guidelines. Around three quarters of workers report suffering from headaches (67%), eye fatigue (77%) and backache (71%). The incidence of physical symptoms increases markedly in line with lack of ‘ergo-awareness’. Work-induced stress and anxiety is also an issue for 78% of office workers.

Although most office workers say that ergonomic issues are important to them (75%), only a fifth have ever complained to their manager and asked for a better desk, chair, phone or screen, despite the high incidence of health issues. Indeed, a third admit not knowing where to start improving their desktop environment. The lack of knowledge is compounded by low levels of personal initiative; only 15% have tried to investigate best desktop policy or sought professional help, or spoken to friends or colleagues for ergonomic advice.

Mel Taylor, Vice President, Director of European Marketing, ViewSonic says: "The research shows that not only are we a workforce plagued by chronic ill-health, but that we lack the will to change at both an individual and corporate level. Employers could eliminate these issues instantly for many staff by promoting better desktop ergonomics. Sadly, the issue is not on the board’s agenda, despite the potential for huge productivity gains.”

There may be trouble ahead for employers who do not promote good ergonomics practice. Almost half of workers (47%) say they’ve been offered no advice on the best desktop layout or ergonomics best practice in the last 12 months. More than two thirds(69%) say they would consider future legal action if they should develop a long-term illness or disability induced by their office environment.

Mel Taylor continues: “Not only are employers ignoring the clear productivity benefits of better IT equipment and ergonomics, they are also ignoring their duty of care responsibility and may be opening themselves up to serious legal liabilities in the future. We urge both employers and employees to change this casual attitude to ergonomics – companies can do a lot more to instil better working practices but armed with even a little more knowledge, employees can look after themselves a lot more effectively too.”

Employers are legally required to comply with the Health and Safety (Display Screen Equipment) Regulations 1992. Under the Regulations employers are required to:

RoadSafe launch new safety scheme

Road safety partnership RoadSafe has launched a new government-led road safety scheme: the ‘Driving for Better Business’ safety initiative, which is part of the government backed ‘Driving for Work Business Champions Programme’. The “Business Champions” outreach programme will be managed by RoadSafe on behalf of the Department for Transport, and will run alongside the Think! road safety campaign.

Through the network of champions, which will be made up of employers from the public, private and voluntary sectors, the principal aim of the programme is to reduce the number of deaths and injuries on the road, whilst driving on business. Employers will also be encouraged to promote health and safety legislation not only in the workplace, but also while driving during working hours. This comes after worrying statistics, which show that everyday more than 150 vehicles are involved in an accident on work-related journeys.

The campaign, which will run from September this year until mid-2009, initially focuses on van drivers, and the rapidly-expanding van fleet and home delivery markets. There are more than 320,000 sub-3.5 tonne vans registered annually, and with a net increase of 170,000 per annum, this means that dangers on the road are also escalating. Employers got a timely reminder of the importance of ensuring employees who drive for work are safe. As Workplace Law Network reported this week, a firm, which encouraged a long hours culture, was found liable for a road accident in which one of its workers was paralysed after an accident in which he fell asleep at the wheel. The employee is in line to receive over £1m damages.

Adrian Walsh, RoadSafe Director, comments: “Given the explosion in demand for van drivers as a result of the boom in Internet shopping, it is important that employers focus on driving ability, and do not simply assume that being in possession of a driving license is a guarantee of ability. We believe our Business Champions strategy will result in a dramatic increase in the number of companies that adopt effective work-related road safety policies.”

Dr Stephen Ladyman, Minister of State, Department for Transport, comments: “Although Britain has one of the best road safety records in the world, we all have to work harder to cut the number of accidents. Since so much driving is for work, it is obvious that we can make a real difference by managing it better. Unfortunately, some fleet managers still think that investment in safety and driver training is money lost from the bottom line rather than good business sense.”

RoSPA helping small firms to improve safety

The Royal Society for the Prevention of Accidents (RoSPA) is holding an inquiry to improve help for small firms on health and safety. During the 18-month project, RoSPA’s National Occupational Safety and Health Committee will look at the effectiveness of current activities that promote and support the management of health and safety in small and medium-sized enterprises (SMEs) in the UK. It will also investigate opportunities for future action.

The committee is calling for evidence on the quality of health and safety advice given to small firms, how to avoid unnecessary bureaucracy and the duplication of effort, how to share good practice and how to encourage greater collaboration between key players. As part of the inquiry, a formal hearing will be held on 23 May for professionals who have had direct experience of assessing health and safety in SMEs. Among those invited to give evidence at the hearing are major clients, main contractors, insurers, schools involved in work experience, local authorities, trade associations, certification bodies and local safety groups.

Roger Bibbings, RoSPA Occupational Safety Advisor, says: “SMEs are not simply smaller versions of large companies, and research has shown that they face distinct challenges when dealing with occupational safety and health. It is therefore important that any efforts to help raise health and safety standards in small firms are targeted at the very specific issues they face.

“Besides building up a unique picture of current activity, the National Occupational Safety and Health Committee’s SME project will seek to spot missed opportunities and make imaginative recommendations for action. Ultimately, it will aim to extend and improve the way small firms get tailored help with health and safety.

“At this stage of the inquiry, the committee would particularly like to hear from people with experience of assessing the health and safety competence of small firms. We want to know what types of assessment work well, what some of the barriers are, and what could be done better.”

New proposals for food businesses

New proposals by the European Commission (EC) appear to exempt all food businesses with fewer than ten employees from the Hazard Analysis and Critical Control Point (HACCP) system. The system is designed to ensure that foods are prepared and served hygienically. The EC has now issued a draft regulation suggesting a change is made to existing regulations, saying that all food businesses must have a procedure based on the principles of HACCP.

The Forum of Private Business (FPB) has welcomed the move. According to the FPB's Food Advisor, Bob Salmon, the current system can be quite onerous. "A proper HACCP scheme has a team of people monitoring critical points in the production process and keeping copious records to ensure the checks have been done. Such a scheme is impractical for very small businesses."

During the drafting of the original EC food regulations, the FPB insisted on the inclusion of words like "where necessary" and "commensurate with the nature and size of the business". This allowed some flexibility on interpretation for low-risk undertakings. The Food Standards Agency (FSA), meanwhile, has drawn up guidance called Safer Food, Better Business (SFBB). This is designed to allow flexibility in line with the original EC guidance. However, the EC proposal would allow exemption from record keeping even of the minimal sort called for in SFBB.

The FPB welcomes the idea of eliminating bureaucracy, but thinks the EC draft is loosely worded and would lead to confusion and the possibility of some businesses being prosecuted unnecessarily.

Salmon explains: "The draft speaks of a limit of ten employees or less than €2m turnover. The FPB would like to see a reference to risk. For example, there might be more need for a small company making meat pies to have HACCP than, say, a retailer selling pre-packaged sweets. I cannot see any magic in the figure of ten employees." The EC's aim is to save 25% of the €220 million existing costs to business from bureaucracy in their regulation. If approved the exemption could be applied to two-thirds of the 600,000 food businesses in Britain.

The proposed exemption would at first target businesses selling foods directly to the consumer - such as butchers and bakers. However the Commission has suggested that small processors and other businesses could be exempted from the need for full HACCP in the future.

The enlarged exemption would be targeted particularly at businesses that process food in accordance with standard practices and that have had no safety incidents. The intention is to exempt the businesses from certain aspects of the requirement, namely the record keeping.

HACCP is an international standard of food safety procedures that apply a structured approach to managing food safety through the identification of hazards and actions to be taken to control them.

HACCP is based on the following seven principles:

Firms warned over "long hours"

Businesses that have employees who drive for work are being warned to ensure they do not have a long hours culture after a firm was found liable for a road accident in which one of its workers was paralysed. Michael Eyres was left paralysed by an accident that occurred when he momentarily fell asleep at the wheel. His employers have been found liable for the incident after judges at the Court of Appeal ruled the company had a long hours culture.

Eyres broke his back in the accident and will not be able to walk for the rest of his life. The ruling means he can now sue his employers and that they could be in line to receive over £1m damages. In the meantime the court awarded an interim £400,000 payment. The final award will be reduced by 33% as he was not wearing a seatbelt, and because he knew he was at risk of falling asleep.

At the time of the accident Eyers had worked a 19-hour day and driven hundreds of miles; he was, said one judge, "in that predicament because his employers had put him there." Also involved in the accident was managing director of the firm Craig Atkinson, who was asleep in the passenger seat.

On the day of the accident Eyres had arrived at work at 3.30am after just four and a half hour's sleep. He then set off with Atkinson to a job 111 miles away. The pair shared the driving and work, which was finished at 2.30pm. They then travelled to a further job 122 miles away, which they finished at 7pm. They then travelled home instead of stopping somewhere for the night.

Last year the High Court in Leeds ruled that Eyres was to blame for the accident. His driving was described as "grossly irresponsible and dangerous", and the court also heard he had received and sent text messages while at the wheel. However, Eyres claimed he had not used his phone for more than 20 minutes before the accident.

The Court of Appeal’s decision has now overturned this High Court ruling. Lord Justice Ward said that on the balance of probabilities the cause of the accident was not using a mobile phone, but falling asleep. He commented: "Mr Atkinson's sayings, 'Eating's cheating' and 'You can sleep when you're dead', summed up the company's philosophy".

The case sends a warning to employers that cause or permit their employees to work very long hours, and drive at times when they are likely to be very tired, could be liable if that tiredness leads to an accident. Checks should be put in place by management to make sure that hours worked / spent driving are ‘reasonable’ for all staff, and that drivers are definitely not working / driving for excessive periods on successive days.

When it comes to working time they suggest the following points are considered:

Online petition on UK pub scene

A move to petition the UK Government to cut red tape in licensing which has mushroomed because of the Licensing Act 2003, which affects small venues including pubs, clubs and church halls, has been launched on the government petitions website. The petition calls on Tony Blair to address the negative effects of said rules on grass roots musicians - and it's at http://petitions.PM.gov.UK/licensing.

Festival runs out of water

TAMPA - After 11 rock bands and 10 hours, concertgoers at the first 98 Rockfest likely weren't hungry for more music. But on a day when temperatures flirted with 90 degrees and shade was at a premium, they were thirsty. So they chanted for water. They waited in lines for up to three hours for $3 bottles.

Sometime around 3 p.m. came the announcement: The concession stands were sold out of water. "It defies all logic," said 49-year-old James Walker, whose three teenagers went to Sunday's daylong festival, hosted by WXTB-FM 97.9. What's worse, Walker said, organizers compromised the health and safety of 16,000 estimated customers by prohibiting them from bringing their own bottled water into the festival, held this year on the grounds of Raymond James Stadium. "You can't do that to a dog, but you're going to do this to human beings?" Walker said. "They should be held liable."

This year's one-day Rockfest replaced its predecessor, Livestock, where spectators could bring in their own water and refreshments during the three-day event in a small Pasco County pasture. Rockfest fans were barred from entering with their own refreshments and were prohibited from re-entering the concert grounds - even when fetching water. "Once you're in the concert area, you're in," warned the 98 Rock Web site. Vending officials at the venue could not be reached for comment.

More than 250 people were treated for heat exhaustion, dehydration and alcohol intoxication during the event. Five people were taken to hospitals, said Tampa Fire Rescue spokesman Bill Wade. Help, in the form of hundreds of cases of bottled water, was on the way, said 98 Rock promotions director Mike Oliviero. "Once we saw the line of people waiting, we went and got 800 cases of water," he said.

The bottled water was given away free until concession stands were able to take over, Oliviero said. But for some, the damage had been done. "Everyone was getting super, super dehydrated," said Genavieve Lewis, 19, of Thonotosassa who paid more than $30 for her ticket but left five hours before headliners Hinder played their last note. Most of her time was spent waiting in line for water. "We had to get out of there." Aniria Wilson, a 37-year-old mother of two, just went home. "I was disgusted with the whole situation."

Police force club closure

Police obtained a court order that forced a club to close for 24 hours to stop a concert by American rapper Lloyd Banks, amid fears that the show will attract gang members. According to the Derby Telegraph, over 600 fans bought tickets to see the G-Unit member perform at club T-Five on May 5th. in Derby.

Derbyshire police were made aware of the performance on Monday (Apr. 30) and applied for a court order to close T-Five, citing a history of violence at concerts featuring Banks and his fellow G-Unit members. The court order, which was granted by Southern Derbyshire magistrates yesterday, forbids the club from opening for 24 hours starting at noon on Saturday.

"It's not particularly the individual, although it is a music genre that glorifies guns and violence," Chief Inspector Gary Parkin said. "Because of the lack of preparation time and us finding out at short notice, there hasn't been time to put the proper contingencies in place to make sure the event goes off in a safe environment." Police are working with local promoters to ensure that the 600 ticket holders are aware the concert has been canceled.

"I accept that in the current climate, trading is difficult and licensees need to make a living but I have to balance that with the safety of people living in and visiting Derby. We're not saying this type of thing won't happen in Derby but it needs to happen in the right circumstances," Chief Inspector Parkin said.

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