News for 2007
October
Cost of safety forces fireworks display cancellation
York: The birth place of Guy Fawkes will not hold a fireworks event this year after the city council refused York football ground a safety certificate to host the event.
Guy Fawkes might be amused. But not the citizens of his home city.
Their annual celebration of the failure of his gunpowder plot has been cancelled by the health and safety police.
For years, huge crowds gathered for official fireworks displays at sites including York Racecourse and the 13th-century
Clifford's Tower. Last year, however, the city council decided to cancel the event, blaming soaring safety costs.
Although his figure light up bonfires across the country every November, there will be no Guy Fawkes's night celebrations in the conspirator's home city This year, hopes of a large November 5 celebration have again been dashed after an event planned for York City football-ground was refused a safety licence.
Gillian Cruddas, the chief executive of York Tourism Bureau, said the lack of an official event in the city of Guy Fawkes's birth was a common source of bemusement to visitors. "It's such a shame because there's continued interest in York at this time of year, partly because of the Guy Fawkes connection," she added.
Although York celebrated the night last year health and safety costs soared. A spokesman for York City Council said: "Unfortunately the cost of holding a large-scale display is extremely high. "The cost of the fireworks is always the smaller element for large, traditional style displays, with a considerable amount of money needed to address the health and safety measures."
Transport firms under fire for vehicle falls
The transport industry still has one of the worst records for major injuries due to falls from vehicles during loading and unloading, according to figures released by the Health and Safety Executive (HSE). Statistics show that in 2004-5, 31% of all workplace fatalities involved transport, and with an estimated three million people in Britain regularly working with vehicles as part of their job HSE's ongoing workplace transport campaign warns of the need to take sensible precautions to minimise risks in all vehicle related work.
Marking the current awareness campaign, Judith Hackitt, Chair of the Health and Safety Commission (HSC) said: "Every year 2000 workers are seriously injured after falling from their vehicle. It is vital that those who work in the transport industry take this issue seriously. Last year four workers actually lost their lives after falling from their truck or lorry and the cost of these deaths and serious injuries to the industry is in excess of £35m a year. Simple, sensible precautions can avoid these incidents and the distress they cause. Those who buy and manage the many fleets of workplace vehicles up and down the country have an opportunity to set a real leadership example."
The awareness campaign aims to help those who are responsible for buying and managing workplace vehicles with simple steps that can be taken to improve the safety of vehicles:
- Vehicles should be well maintained and checked regularly
- Procedures for loading and unloading should avoid the need to work at height where possible
- Floor surfaces should be anti slip when possible, or, slip-resistant footwear provided
- If work at height is unavoidable steps, platforms and other safety equipment should be provided
Guidance and advice, including safety checklists, is available to vehicle buyers, managers and workers at: http://www.hse.gov.uk/fallsfromvehicles/index.htm
Companies that fail to make sure that their employees drive safely face prosecution under a new campaign by police to reduce the 1,000 fatal crashes a year involving work vehicles. Police will investigate whether the company carried out basic checks, such as ensuring that staff have an MOT certificate for their vehicle, are insured for business use and have a valid driving licence. They will also question managers on whether they made excessive demands of their employees and required them to drive when tired.
The Metropolitan Police is one of several forces that have decided to investigate company road-safety policies following research by the HSE, showing that 20 people are killed and 250 seriously injured each week in crashes involving someone who was driving for work. Superintendent Mark Bird, of the Met’s traffic unit, says: "More and more we carry out follow-up investigations with companies after collisions, to ensure that work-related road safety is embedded within company policies. In the event of a collision or injury, the police take seriously all the reasons that have led to it happening including the condition of the vehicle and why the driver was on the road, including if they were travelling for business reasons."
He says that employers needed to realise that their responsibility for ensuring safety did not end when employees left company premises: "Just as employers would make sure that employees are safe in the workplace so they should while they are on the road. Businesses must face up to their duty-of-care responsibilities and realise that they are responsible for employees’ welfare when on the road for business purposes, whether they are driving a company car or not.”
Department for Transport figures show that about 300 people are killed each year as a result of drivers falling asleep at the wheel. About 40% of crashes related to tiredness involve someone driving for work. The Royal Society for the Prevention of Accidents said that it welcomed the move towards greater enforcement by police. Falls in the workplace remain a significant source of concern, both for employers and enforcing authorities. The HSE indicates that in the year 2006-2007, 45 people died and 3,351 suffered major injury as a result of falls from height at work. This is the most common kind of accident causing fatal injuries - 22% of the total in the preceding year.
These statistics do not include injuries or fatalities caused by slips, trips or falls caused by defective or unsuitable flooring. These accidents are the single most common cause of injury in UK workplaces. Avoiding falls should be a major priority for employers and their health and safety advisors. This applies across the board - a slip on a kitchen floor can lead to very serious injuries, just as serious as those caused by a fall on a construction site.
Knowledge of and compliance with relevant legislation is a key first step to avoiding falls. Employers must look at and be aware of:
- the legislative framework surrounding slips, trips and falls;
- hand rails and stairs;
- falls from heights;
- falls and falling objects;
- ladders; and
- the duties on workers.
Importance of training highlighted
Following recent media coverage of health and safety issues restricting the work of the emergency services, IOSH has said that training is key when it comes to keeping employees safe. Malcolm Adcock from IOSH told said: “There needs to be an investment in training to prepare emergency service personnel to do their jobs. Emergency service workers are entitled to receive the training they need to perform their job functions and meet the reasonable expectations of the public.”
A cycling ban has apparently been introduced by Greater Manchester Police after the tragic death of a 21-year old cycling Police Community Support Officer (PCSO) who was hit and killed by a lorry. Its two-month duration is to allow a safety review to be carried out. “The reported banning of 300 police officers and PCSOs with less than a year's cycling experience from patrolling on bicycle is yet again another example of a poor decision that brings health and safety unjustifiably into disrepute,” added Malcolm. “It would make more sense to address the risk of death and injury of police officers and PCSOs inexperienced at cycling in city traffic by providing urgent training.
"Training is the key to enable police and PCSOs to protect the public and themselves. The overriding message from IOSH is that all employees need training that equips them to fulfil all areas of their job description.”
Fatal fall at work leads to fine
TNT Logistics UK Ltd has been fined £120,000 and made to pay £28,184 in costs following an incident in which a worker suffered fatal injuries falling from a lorry. Derek Howe fell from a lorry which was parked at TNT’s premises in Irlam. He was trying to help free a worktop on the back of the lorry when he fell approximately 2m onto a concrete yard. The firm pleaded guilty at Manchester Crown Court to breaching section 2(1) of the Health and Safety at Work etc Act 1974, which states: “It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.” Following the prosecution, the HSE warned employers that they must carry out proper risk assessments to manage their employees’ health, safety and welfare.
HSE inspector Richard Clarke said: “Employers and self-employed people operating lorries need to avoid the need for work at height on the lorry wherever possible. Where that is not possible, they must take measures to prevent falls. Companies should ensure staff are adequately trained in how to reduce the risks. Climbing on top of loads should be avoided wherever possible and permanent platforms or gantries may assist with this".
The HSE is currently running a Workplace Transport Campaign which aims to raise awareness of the risks workers are exposed to when working at height on vehicles and the actions that should be taken to minimise these risks.
Many firms flouting smoking regs
Hundreds of companies operating light commercial vehicles are still not complying with the new smoking regulations, three months after they came into force. The businesses are now risking substantial fines for failing to ensure that their company vehicles are smoke free. The change in the law, which came into effect at the start of July 2007, states that all vehicles covered by the ban should display no-smoking signs in each area of the vehicle in which people can sit.
The maximum fine for non-compliance is £1,000 if convicted by a court. Companies that fail in their duty to prevent smoking in vehicles covered by the ban are risking a maximum fine of £2,500. A survey by Vansunited.co.uk, an online commercial vehicle sales site, found that just 51% of the 1,073 of van drivers questioned have been provided with a “no smoking” sticker for their van. This is leaving hundreds of companies open to fines of up to £1,000 for failing to display the sign.
The survey also found that many workers remain baffled by the laws affecting lighting up in company vehicles. It found that 44% are still unaware of the rules regarding smoking in company vehicles and that only 22% are being offered support to help them avoid smoking in their van. Of those drivers questioned, 32% smoke, with nearly all of those having done so previously in their vehicle. Of these, 11% have admitted to smoking a cigarette in their van since the ban.
“Although we may not all agree with the new legislation, our research has shown more support is needed for UK workers – some of whom are heavy smokers – to help them manage the personal implications of the ban and avoid the temptation of lighting up whilst driving,” said Duncan Colman, Manager of Vansunited. “It will be small businesses that feel the force of the Government’s penalties should their workers be caught sparking up.”
New Bill for the rights of temp workers receives 2nd Reading
The Temporary and Agency Workers (Prevention of Less Favourable Treatment) Bill 2007 is due to complete its second reading in the House of Commons today (19 October), after a delay caused by the House running out of time to vote on it. Unions are supporting the Bill, which would give agency workers the same rights as full-time and directly employed staff on issues including basic wages, sick and holiday pay. A draft European Directive on the issue (which the Bill closely resembles), has been delayed since 2002, partly due to objections from the UK government.
Nearly half of temporary workers (43%) are aged 21-30, and surveys have shown that they are often hired on lower hourly rates than directly employed workers, and under different terms and conditions, often making it difficult for them to gain financial security or obtain a mortgage.
TUC General Secretary Brendan Barber also says that there needs to be better enforcement of existing rules: “There is nothing wrong with legitimate recruitment agencies providing short-term work for those with short-term availability. But rogue agencies and dodgy practices are now tarnishing the whole sector.
”This government has done much for people at work, but new laws are needed urgently to protect agency workers from being treated badly. Paul Farrelly's Private Members' Bill is an important opportunity to introduce decent minimum standards for all. We urge the government to support the Bill's passage through Parliament”. The Workplace Law Network will provide further details as they become available.
Corporate Manslaughter to come into force next year
The Ministry of Justice has confirmed that the Corporate Manslaughter and Corporate Homicide Act 2007 will come into force on 6 April next year. Justice Minister Maria Eagle says: “It is extremely important that companies and other organisations take health and safety seriously. Failure to do so can have devastating consequences – not only for the families of those affected but also for the businesses involved.
“This law will ensure that there is proper accountability – when very serious management failings lead to people being killed. This is not about over-regulation. Businesses should see this as an opportunity to make sure they have proper arrangements in place for managing health and safety. It is crucial for the people they employ and their customers that they are responsible and successful corporate citizens.”
The new offence will apply to a particular case if:
- the victim was an employee of the organisation concerned, or they were otherwise working for the organisation or performing services for it;
- the death was connected with premises occupied by the organisation;
- the death relates to goods supplied by the organisation, services supplied by the organisation, construction or maintenance carried out by the organisation, an activity pursed by the organisation commercially, or use or keeping by the organisation of plant, vehicles, equipment or other materials; and
- the victim was in the custody of the organisation.
Driver fined for smoking
A lorry driver was fined £260 yesterday for smoking in his cab. Leonard King is one of the first to fall foul of regulations that stop workers lighting up in business vehicles. His lorry, which carried a no smoking sign, was parked when a council dog warden spotted him puffing away.
The official decided to take down the number plate when Mr King flicked his finished cigarette out of the window and drove off. The vehicle was traced to Rhyl, North Wales, where anti-smoking legislation was introduced in April, three months ahead of England.
Safety guidlines force fireworks display cancellation
A clampdown on health and safety guidance has forced organisers to axe one of the city's biggest fireworks displays - leaving thousands of revellers disappointed. Heslington fireworks display was due to take place in November, but today it was cancelled, after organisers failed to find an insurance company that was prepared to cover the event. Residents said the news was a massive blow to the community and questioned whether the recent health and safety frenzy had gone too far.
Event organiser John Eckersley said: "There is minimum guidance from the Health & Safety Executive, which says the drop zone for fireworks must be 50 metres and we have a building that is 25 metres away. "In the past, we haven't had a problem finding insurers, but this year they have tightened their policy and are no longer prepared to cover the display if we don't comply with the guidance." The event, which is usually held behind Heslington Church, on land owned by University of York, has attracted more than 5,000 people in previous years.
Mr Eckersley said: "It was founded about 30 years ago by one of our church wardens, Cliff Hopwood and, very sadly, he died this year. It looks like the event has died with him. It's a very sad day." Proceeds from the display would have gone to Heslington Church, which is now set to miss out on a £4,000 pay cheque - putting the church into the red.
The Rev Nancy Eckersley said: "It is a big fundraising event for our church and we will be struggling to balance our books this year. We're trying to re-do the entrance area of the church, but that will have to be put back now." She added: "You can understand if it's people, or residential houses that are within the 50 metre zone, but this is a concrete building that is part of the Science Park."It seems a shame and we're sad that it's come to this because it was such a great community event."
Malcolm Huntington, who lives in Heslington, said he had been looking forward to going to the event with his grandchildren. He said: "I don't know of any problems that have been caused over the years at the bonfire night and I'm rather puzzled as to why the situation has changed." Coun Ceredig Jamieson-Ball, who represents the Heslington ward, said: "It is a great shame that it has had to be cancelled. It was an event that brought the whole community together every year and it was a very successful event." Mr Eckersley said that unless an alternative venue could be found the event would never make a return.
Football club in police overcharging dispute
A Premier League football club is demanding the return of nearly £300,000 in charges it paid for policing its home fixtures. Wigan Athletic claims Greater Manchester Police overcharged it for covering matchdays at the JJB Stadium. The club's chairman, Dave Whelan has demanded the return of about £293,000 paid during 2003/04 and 2004/05. Michael Todd, Greater Manchester's Chief Constable, said the charges were reasonable and entirely lawful.
The High Court was told that Wigan used to be charged for special policing services it had requested inside the stadium. But the court heard that now GMP (Greater Manchester Police) also demanded payment for policing the area surrounding the stadium. Adam Lewis, representing the club, told the judge: "The GMP appears to say that it can provide and charge for whatever services it wants and at whatever charge. That is wrong."
He said the police were taking advantage of Wigan's circumstances as a Premier League team to charge for special policing at a very much higher level than other clubs in the area. The GMP charged the club £226,184 in the 2003/04 season and £283,082 for 2004/05, compared to £61,058 in 2002/03. Wigan claimed that when it originally refused to pay the higher bill, the police threatened to withdraw their services for this season, which would have meant no home matches.
Mr Lewis said: "Wigan had no choice but to pay the balance but did so expressly under protest and without prejudice to its defence in the action." The GMP said it was entitled in law to charge Wigan for officers who were deployed in the stadium and in the srrounding area, including car parks, roads and open ground.
Firm fined for fatal fall
A home improvement company and its Managing Director have been fined after a worker was fatally injured in a fall. RTAL Ltd was fined £25,000 with £5,000 costs and Managing Director Terry Green was fined £2,500 and order to pay costs of £500, at Basildon Crown Court today (8th October), after admitting Health and Safety offences following the death of a 29-year-old Sheffield man in 2003.
Andrew George Taylor, was fatally injured in the fall at the RTAL factory premises in Tilbury when he fell from the edge of a fixed platform, from which the protective guardrail had been removed temporarily, to carry out some work of installing a kiln. RTAL Ltd, was charged with an offence under Section 3(1) of the Health and Safety at Work Act 1974, and Managing Director Terry Green to an offence under Section 37(1) of this Act, in that due to his neglect as director, the company failed to take suitable and sufficient measures to prevent persons falling, as required by the Construction (Health, Safety and Welfare) Regulations 1996.
HSE Inspector, Sandy Carmichael said: "This was a serious breach of obligation to both staff and visiting workers, indicative of failure by the company to appreciate the risks from such complex work."
IOSH go nuts for conkers
Heath and safety officials are sweeping aside their killjoy reputation by taking part in the Northamptonshire-based World Conker Championships. The Institution of Occupational Safety and Health (IOSH) has entered a team to take part in the event and is sponsoring the competition, which takes place in Ashton, near Oundle, on Sunday.
Lisa Fowlie, president of IOSH and one of its conker playing team, said: "Health and safety allows people to do things safely. "There is no such thing as zero risk. What health and safety professionals do is assess the risk and advise on a sensible approach to minimise risk. In the case of conkers the most likely injuries are bruised hands. But this can be minimised by people playing properly and you don't need goggles.
"However, health and safety is often used as an excuse to stop people doing a perfectly normal activity. Some of these decisions are made by people with a poor understanding of health and safety, and they may not even be qualified, which brings the profession into disrepute."
Held every October since 1965, the conker world championships attracts more than 500 entrants and about 5,000 spectators.
Organised by the Ashton Conker Club, money raised from the contest is donated to charities for the blind and partially sighted.
Lights out for Christmas traders
There is a gloomy Christmas ahead for many high streets because their traditional illuminations have been by curtailed by health and safety rules. The Federation of Small Businesses says that they are making insurance premiums too expensive for councils and traders. Insurers insist on strict adherence to health and safety guidelines, which require councils to use expensive specialist equipment to test the safety of light fittings. Council workers can no longer use ladders to put up lights and have to hire hydraulic platforms.
Every light fitting must also undergo a “pull test” using specialist equipment to make sure it is strong enough. Lampposts have also been deemed unsafe for hanging illuminations. Stephen Alambritis, of the Federation of Small Businesses, said: “The festive period is looking darker and bleaker year on year – Britain is facing a Christmas blackout this year.The sense of pride a good festive display can instil on a town centre is immeasurable. Spiralling costs and exhaustive safety concerns are ruining the festive spirit.”
Traders in Clevedon, near Bristol, have been forced to scrap their illuminations after they spent a year raising £3,000. They have been told by North Somerset Council that lights can no longer be attached to lampposts or buildings. Bob Hughes, of local traders’ association, said: “The rules and regulations regarding Christmas lights have changed to such an extent that to put up the illuminations we used to have is near impossible. If we need to put anchorage on to any building to hang the lights, it needs to be ‘pull-tested’ and if any of the anchorage points cause damage to the buildings, then the association has to take responsibility for that, which we cannot do. We have also been told that we cannot attach lights or motifs to the lampposts along the street as we have done in previous years.”
The council has blamed the situation on a new code of practice. Its spokesman, Nick Yates, said: “There is a code of practice which has to be followed regarding the installation of Christmas lights. The lighting columns are concrete and it is not possible to attach lights to them.” Bodmin in Cornwall may also be dark this Christmas. The council has been ordered to use a pressure gauge to test all 150 bolts which hold lights or cables around the town. This must be carried out by two workmen in a cherry picker – which will cost the authority £1,200 in training fees, plus their wages and the cost of the equipment. To test the bolts the town centre roads have to be closed for a day and then closed again while the lights are put up.
The lights cost £7,000 last year but the chamber of commerce has ruled that the increased cash cannot be found. Kim Roscoe, council spokesman, said: “Health and safety requirements have greatly increased the costs. Bodmin will not be the same without its Christmas lights, and it is particularly galling as last year was the best ever.”
In Dereham, Norfolk, local traders have been forced to appeal to the public to help them to raise funds to cover the £10,000 cost. David Ovenden, a shop owner, said: “With increased costs and additional health and safety issues that have added to the bill, we haven’t been able to obtain sufficient funding. I feel it’s a great pity. It’s the biggest single event to happen in Dereham throughout the year and helps put a smile on hundreds of people’s faces.”
In Sandwell, Worcestershire, traders have been told that lights cannot be hung across the widths of roads, because of fears that cables may break. Scarborough Council has planned an “electric parade” with a pantomime theme to make up for the disappointment of last year’s celebrity switch-on, which was cancelled because of police objections on various health and safety issues.
In Northampton, the main shopping street will be bereft of its Christmas decorations because the council cannot afford them. A spokesman for the Association of British Insurers said that because of an increasingly litigious culture the cost of the liability cover was increasing. He said: “Insurance is a risk-based product and a high proportion of that risk is liability. If councils are protecting themselves from being sued by a private party then the policies will be expensive.”
A spokeswoman for the Local Government Association said that she “understood” why councils were considering a festive blackout. She said: “There is only a certain amount of money in the pot and it is understandable that authorities are wondering if it could be spent better elsewhere.”
In the West End of London, about £1 million is spent each year on the festive lights which illuminate the three main thoroughfares of Oxford Street, Regent Street and Bond Street. However, Jace Tyrell, of New West End Company, which funds and installs the decorations, said that increased regulations have turned a festive tradition into a bureaucratic nightmare. “Health and safety rules have become a lot more strict, and there are more hoops to jump through. Of course, safety is a number one priority, and some of the rules make sense. But sometimes, they just go too far.”
Red tape
- A display featuring a 14ft-high knitted house was dismantled after it was declared a fire hazard
- Firefighters in Essex were warned that they faced disciplinary action after dozing off on the floor because it was “an unauthorised rest facility”
- Midlothian council left the lights on at a disused school in case unauthorised intruders tripped over in the dark
- The swimming pool at Eton is threatened with closure because of demands that three lifeguards must be on duty whenever it is being used
- Children in Blackburn were warned not to play with “counterfeit” banknotes after playing with toy money featuring the head of SpongeBob Squarepants instead of the Queen
