News for 2008
March
Safety bodies merger almost complete
The merger of the HSE and Health and Safety Commission is expected to be complete in the next few weeks, the Health and Safety Minister, Lord McKenzie, has said. Making the announcement before 800 health and safety professionals at the IOSH 08 Conference, Lord McKenzie said: "This is an exciting change and one of the first tasks for the new body will be to carry out a fundamental review for the new workplace health and safety strategy."
He also said the the HSE is to receive £724m over the next few years, and that this settlement was "a very good outcome" and reflected the importance the Government placed on health and safety. Legislation to abolish the HSE and the Health and Safety Commission and replace them with a single body - the Legislative Reform (Health and Safety Executive) Order 2008 - was laid before Parliament in January.
The draft Order amends the Health and Safety at Work Act “with the aim of modernising and improving the corporate structure of the bodies responsible for regulating health and safety in Great Britain”.
HSE warning over employee death
The Health and Safety Executive (HSE) is warning companies to ensure they have safe systems of work after First Capital East Limited (First) were fined following the death of an employee when he was run over and crushed at Rainham Bus Depot, Havering.
First, who are based at Macmillan House, Paddington Station, were fined £120,000 and ordered to pay costs of £95,000 at Croydon Crown Court, after pleading guilty to breaching section 2(1) of the Health and Safety at Work etc. Act 1974.
On 11 January 2003, Brian Norman, an engineer, was crouching in front of a bus to replace its headlamp, while it was queuing up to be cleaned and refueled. While he was doing this, an employee of First's contract cleaners walked from the rear and climbed into the drivers seat, to move the bus forward. He could not see Mr Norman, and there was no other indication that anyone was working on the bus.
As a consequence the bus ran over Mr Norman who tragically died of his injuries
Insurance company warns over risk assessments
The threat of prosecution for corporate manslaughter could be driving risk management in companies rather than protecting staff against workplace accidents, warns Norwich Union. The insurance company is warning that firms with a defensive approach towards effective risk management could well be failing to improve measures ahead of the introduction of the Corporate Manslaughter and Corporate Homicide Act 2007.
Phil Grace, liability risk manager for Norwich Union, says: “Businesses implementing risk management strategies to protect themselves from prosecution under new corporate manslaughter legislation may well be going about it the wrong way. “This is not a proactive approach to risk management. The way to avoid ending up in court is to prevent accidents happening in the first place by ensuring risk management strategies are both adequate and implemented from the outset.
“Employers may be focusing on minimising risks in the workplace as a result of the Act, but it is imperative that firms do not allow the legislation to take their attention away from the non-fatal risks.
“Businesses need to go back to basic principles and look at where there might be serious risk issues. So, for example, where there is the use of electricity, working at height or the use of fork-lift trucks, examine the potential risk of all workplace accidents around each activity, not just those that could lead to a fatality.
“The Corporate Manslaughter Act will provide a new approach to punishment in those circumstances where a work related death has occurred, but companies need to keep the risk of a fatality in proportion and think about how great that risk is and whether one might occur in the business.”
'Shattered Lives' focus on workplace accidents
The Health and Safety Executive (HSE) is launching 'Shattered Lives' - a new campaign highlighting the cost of workplace accidents to life and business. In London last year, 4951 people were injured or killed by slips, trips or falls at work, costing the capital £79,996,000 according to the HSE. The figures are alarming - every week, one person dies from a slip, trip or fall at work and the serious injuries from slips, trips and falls make up almost a third of all injuries reported to the HSE. Every 25 minutes, someone breaks or fractures a bone at work according to the latest figures from the HSE.
In 2006-7 in London, five people were killed or seriously injured by a fall at work and 1396 were seriously injured by a slip, trip or fall at work. There were 4951 accidents, accounting for 38 per cent of all injuries to workers. Introducing the 'Shattered Lives' campaign, Steven Williams, London Health and Safety Executive Director said, "Each year, slips, trips and falls cost the British society nearly £811 million pounds. But what these figures don't reflect is the extent to which these injuries affect individual workers and their families.
"Slips, trips and falls can be viewed as being minor, funny accidents but the effects are not. It can lead to major injuries, and a lifetime of disability or time off work and in worst cases fatalities. 'Shattered Lives' will encourage people to change their attitudes: if you spot a hazard, don't assume 'somebody else will sort it out'.
"These accidents also shatter businesses through costs such as employee absence, sick pay and reduced productivity. Irrespective of the size of the business and the job that you do, it could happen to you."
HSE's Shattered Lives campaign will offer support and guidance to employers and employees in the construction, building and plant maintenance and food manufacturing and retail industries where the incidence of injuries resulting from slips, trips and falls is highest.
For more information on the 'Shattered Lives' campaign please visit www.hse.gov.uk/shatteredlives/index.htm or call InfoLine on 0845 3450055
Companies prosecuted after deaths
Two companies within the JCB group have been prosecuted after two employees, Darren Ellis and Paul McNamara, died in separate incidents while undertaking routine tasks. The HSE brought the two cases against JCB Earthmovers Ltd and JC Bamford Excavators Ltd before Stafford Crown Court on 14 March 2008. Both companies had pleaded guilty to charges at earlier court hearings.
JCB Earthmovers Ltd was fined £200,000 and ordered to pay costs of £31,366 for breaching section 2(1) of the Health and Safety at Work Act 1974 following the death of Mr Ellis, aged 33, at its manufacturing plant in Cheadle, Staffordshire on 16 November 2005.
Welder Mr Ellis was testing the fuel tank of an earthmoving machine for leaks. Investigations revealed that Mr Ellis was standing close to the tank when the inspection plate blew off, causing him fatal head injuries, after he connected a high-pressure airline instead of using low pressure. At an earlier hearing, Magistrates heard that the low and high-pressure airlines were similar and with identical connectors. The Court also heard that Mr Ellis did not have enough training for the job.
JC Bamford Excavators Ltd, was fined £266,000 and ordered to pay costs of £31,701 for breaching section 2(1) Health and Safety at Work Act 1974 following the death of Mr McNamara, aged 43, on the company's site at Rocester, Staffordshire on 11 September 2006.
Mr McNamara suffered fatal head injuries after being crushed by the boom of an excavating machine (known as a backhoe loader). The HSE's investigation revealed that it was common practice for workers to operate the controls for the boom whilst standing outside the cab of the machine and leaning through the back window. A fault on the hydraulic system resulted in the control lever not working properly causing the boom to carry on moving, trapping Mr McNamara and inflicting fatal injuries.
HSE Inspector Lynne Boulton says: "Both these tragic deaths were not only regrettable but also entirely preventable. Mr Ellis and Mr McNamara have each left behind two children and grieving widows who have our deepest sympathies and our thoughts go with them for their futures.
"All employers must learn from these tragedies that, whatever the task, it is crucial to undertake a suitable risk assessment that deals with the significant risks of that task. Even employers with the most responsible attitude to health and safety can put lives at risk if they do not maintain constant vigilance. The importance of appropriate health and safety procedures cannot be overstated."
Firms urged to prepare for The Corporate Manslaughter Act
With just weeks to go before The Corporate Manslaughter Act comes into force on 6 April 2008, specialists are calling upon companies to prepare for the new legislation. The Corporate Manslaughter Act will hold executives responsible when corporate negligence results in death at work. The law leaves companies facing a criminal conviction and unlimited fines following fatal accidents if there has been gross failure by senior managers.
Not only does the law increase the pressure on UK boardrooms, but businesses will need to take a fresh look at whether they are covered financially for the worst. Businesses should review their existing risk management procedures which are unlikely to provide adequate protection to new exposures introduced under the new legislation.
It is estimated that the new Act could potentially cost UK plc £21.2million in legal bills. Currently, more than 50% of employers have admitted that they are not ready for the introduction of the new law. Standard Directors’ and Officers’ insurance policy may not provide enough cover
A standard Directors’ and Officers’ (D&O) insurance policy will only provide cover for a senior individual within a company being prosecuted for management failure leading to a death of an employee or a third party. It will not cover the costs of the company’s defence of such an allegation and the wider stigma of being associated with a negligent individual.
Callum Taylor, a Management Liability Underwriting Manager said, “When the Corporate Manslaughter Act comes into force, companies could face prosecution for breach of their duty in areas they have not previously considered. "As well as having to cope with expensive legal bills, companies facing legal action under the new Act risk their reputation being damaged, and the day to day running of their business being disrupted.
“The new Act comes into force as recent research has revealed that compliance with UK company law is a significant concern for nearly two thirds of smaller businesses, while a third of SMEs are concerned that their business could become a victim of the UK’s growing compensation culture.
“We don’t yet know how often or how rigorously judges will implement this law, but one thing very clear is that the Act is going to be another worry to add to the many already faced by businesses. However, it’s essential that companies stay abreast of the ever-changing regulatory environment and use the coming months to prepare for the introduction of the Corporate Manslaughter Act”
To help businesses to fully prepare for the Corporate Manslaughter Act businesses are advied to follow the following tips;
- Create a safe working environment: Review existing health and safety policies to ensure they are up to date and robust.
- Familiarise yourself with the Act: It is essential that you are aware of the finer details of the Corporate Manslaughter Act and fully understand its implications for your business. Visit the Office of Public Sector Information for guidance:
- Drive awareness: All employees need to be aware of the new legislation, so use the coming months to highlight its introduction across all levels of your organisation. Appointing an individual within your company, who can respond to any questions staff may have, will help ensure relevant information is effectively communicated.
- Make sure your business is covered: In the event of a fatal accident in the workplace, it’s critical that you have appropriate insurance. Seek expert help if you’re unsure about your current level of business cover.
Red Ken abandons The Astoria
Just days after the dodgy Labour Mayor of London launched a protection scheme for London's venues he says "The Astoria can't be saved" reports the BBC. London's dodgy red Mayor Ken Livingstone said the most important thing in London is to try and sustain the city's live music venues.
The statement comes after The Spitz and Hammersmith Palais both closed in 2007, with news that he's developing 'a live music strategy' to protect venues in the capital. His report brings down the axe on one of London's most loved venues even after 35,000 prople petitioned against the decision.
"There are some instances where that just physically isn't possible. The construction of Crossrail means that The Astoria can't be saved." He added "where you're demolishing one, you've got to replace it with something better."
"We're basically putting in a vast train station but the developers that have actually drawn up the scheme for the area are replacing it with a larger live music venue."
He says he's not totally insensitive to people's protests however: "I understand the historics behind it, but it wasn't at the cutting edge of modern comfort and so, my broad view is where you're demolishing one, you've got to replace it with something better."
Company fined after workplace transport death
The HSE is reminding employers to ensure they adequately assess the risks from workplace vehicles, following the prosecution of a construction company after an 18 year-old apprentice was killed. Taylor Wimpey Developments Ltd (formerly Taylor Woodrow Developments Ltd) was fined £50,000 and ordered to pay costs of £25,000 at Stoke Crown Court, on 11 March 2008, after pleading guilty to breaching section 3(1) of the Health and Safety at Work Act 1974.
Grant Meyrick, 18, a self-employed bricklayer and 'modern apprentice' attending Stoke-on-Trent College, was working on a housing development site at Trentham Lakes South. On 8 August 2003 the vehicle that moved buckets of mortar around the site to the bricklayers was not available to use as the tyres were punctured. Instead workers loaded tubs filled with mortar into the front bucket of a tractor loader.
Meyrick and a colleague were waiting at the bottom of the mortar silo. As the tractor loader approached the silo, it skidded to a stop and the bucket trapped Meyrick against one of the silo's supporting legs. Meyrick sustained internal crush injuries and died on 26 August 2003.
Speaking after the case HSE Inspector Dave Brassington said: "Any company or individual in control of construction sites needs to assess the movement of vehicles and personnel around the site then implement appropriate controls to prevent people being struck by moving vehicles.
"In the area of the mortar silos there were no physical precautions provided to adequately segregate pedestrians from moving vehicles, such as barriers or vehicle wheel stops. There was also no effective control of the movement of vehicles or pedestrians in the area of the silos.
"Had basic health and safety precautions been observed and risk assessment undertaken then it is most unlikely that such a fatality would have occurred.
"It is the responsibility of companies and individuals to protect both employees and non-employees from the evident risks. 18 year-old Grant Meyrick had a promising life and career before him."
Appeal over work death denied
The Court of Appeal has turned down a company’s appeal after they were fined £260,000 and ordered to pay £80,000 costs for the death of an employee. F J Chalcroft (Construction) Ltd was ordered to pay these fines and costs after pleading guilty to breaching Section 2 (1) and 3 (1) of the Health and Safety at Work Act 1974. They then appealed against the decision.
The incident the company prosecuted for involved Daniel Askew, aged 22, who died when he fell ten metres after leaning on an unsecured handrail on the mezzanine area of a cold store under construction at the premises of Phil Hanley Ltd in November 2003.
Speaking from outside the Royal Courts of Justice in London, HSE Head of Operations - Construction (Midlands), Rosi Edwards said: "The decision on whether to reduce fines and costs (or not) is a decision for the court, however we welcome today’s decision as it serves as a strong reminder to the construction industry. This was a tragic accident which resulted in the death of young man with his life ahead of him, causing great grief to his family.
"Falls from height remain the most common kind of accident causing fatal injuries. Latest figures show that 23 workers died in the construction industry from a fall from height in 2006-2007, with 987 employees suffering a major injury. Only last month the HSE completed an inspection initiative targeting falls and trips in the refurbishment sector where inspectors focused particularly on prevention of falls and site good order.
“Over 1,100 sites were visited nationally and nearly 400 enforcement notices served. In the East Midlands,work was stopped on 18 sites due to unacceptable safety standards which can, and do, put workers lives at risk."
Companies involved in building, refurbishment or maintenance should ensure that the work is planned properly and sensible measures taken so that workers are not exposed to unnecessary risk.
New draft Order to be approved
The Regulatory Reform Committee has considered the draft Legislative Reform (Health and Safety Executive) Order 2008 which was laid before the House of Commons on 18 February 2008, and has recommended unanimously that the draft Order should be approved.
The purpose of the draft Order is to amend the Health and Safety at Work Act 1974 to consolidate the Health and Safety Commission and the Health and Safety Executive into a single statutory body. The new body would retain the name ‘Health and Safety Executive’.
The Chairman of the Committee, Andrew Miller, says: "This draft Legislative Reform order is the first to be proposed under section 2 of the Legislative and Regulatory Reform Act 2006, which specifically envisages transferring regulatory powers between bodies where to do so would improve the transparency and accountability of regulation.
“A unified health and safety regulator should be easier to hold to account, should speak with a single voice, and should be less confusing to the public. My Committee has therefore recommended that the draft order should proceed."
The Regulatory Reform Committee is appointed to examine and report to the House on draft Legislative Reform Orders under the Legislative and Regulatory Reform Act 2006 and matters relating to regulatory reform.
New campaign highlights workplace fractures
Every 25 minutes, someone breaks or fractures a bone at work according to the latest figures from the Health and Safety Executive (HSE). This week at the National Maritime Museum, Greenwich the HSE launches the 'Shattered Lives' campaign, to highlight the devastating consequences of simple slips, trips and falls in the workplace. In London last year 4951 people were injured or killed by slips, trips or falls at work, costing the capital £79,996,000.
The figures are alarming - every week, one person dies from a slip, trip or fall at work and the serious injuries from slips, trips and falls make up almost a third of all injuries reported to the HSE. Introducing the 'Shattered Lives' campaign, Steven Williams, London Health and Safety Executive Director said, "Each year slips, trips and falls cost the British society nearly £811 million pounds. But what these figures don't reflect is the extent to which these injuries affect individual workers and their families.
"Slips, trips and falls can be viewed as being minor, funny accidents but the effects are not. It can lead to major injuries, and a lifetime of disability or time off work and in worst cases fatalities. 'Shattered Lives' will encourage people to change their attitudes: if you spot a hazard, don't assume 'somebody else will sort it out'.
"Slips, trips and falls also shatter businesses through costs such as employee absence, sick pay and reduced productivity. Irrespective of the size of the business and the job that you do, it could happen to you."
In 2006-7 in London 5 people were killed or seriously injured by a fall at work and 1396 were seriously injured by a slip, trip or fall at work. There were 4951 accidents caused by slip, trips and falls, accounting for a third of all injuries to workers, costing the capital £79,996,000.
HSE's Shattered Lives campaign will offer support and guidance to employers and employees in the construction, building and plant maintenance and food manufacturing and retail industries where the incidence of injuries resulting from slips, trips and falls is highest.
Young US band leads on health & safety
At the Backstage Grille the cold is no deterrent to a large turnout on a Saturday night, to see Woodbury, an up-and-coming band. It’s a band with a hard, no-nonsense sound, and soon, a cluster of fans — from teens to tots to time-tested rockers — are gathered around the stage to revel in the show by this hometown act. They clap and cheer, and during a break, flock to buy T-shirts, schmooze and ask about CDs.
Although the average age of the band personnel is 16, members — singer Dave Gallotto, bassist Tom Dennehy, drummer Brett Scott and guitarist Ryan Sheehan — have already been playing together extensively, in area rock venues, Christian youth concerts and a scattering of smaller venues in Massachusetts and southern New Hampshire.
Wherever their music takes them, they are always on the lookout for potential safety problems. "I look at where all the exits are,” said Woodbury’s manager, Jim Gallotto, who is also singer Dave Gallotto’s father. He and other band members’ parents mingle in the audiences, listening to conversations and keeping an eye on behavior that would give cause for concern.
If crowd gets a bit rowdy, band members often take the mike to urge calm. "We’ve been to some shows where you see some of the people, and you think, ‘Are they all right?’” Dave Gallotto said.For them, the date Feb. 20, 2003 — when a fire at a Great White concert destroyed The Station Nightclub in West Warwick, R.I., killing 100 people, some of them Massachusetts residents — is seared into the collective memory of musicians and fans everywhere.
Five years after the fire, the tragedy keeps a sobering grip on many performers, nightclub owners, concert goers and fire safety officials, although some fear that attitudes will become lax with the passing of time. "I’m a burn victim myself,” said Jim Gallotto, who said he sustained second and third degree burns in an industrial accident, and was treated at the burns unit at Massachusetts General Hospital. There, he said, he heard stories from staff members who had treated many victims of The Station fire. He said, "They were surprised how intense their burns were.”
The members of Woodbury — who named the band after a beloved camp in Maine, the scene of inspired song-writing — said even now, they fear some concert goers may sneak cigarettes in restrooms, or push to the front of the stage without regard for anyone around them. "People are still being safe,” said Kim Sheehan, mother of guitarist Ryan Sheehan, but she also observed, "You fall back into your comfort zone.”
New law, new concerns
The Rhode Island fire sent shock waves through the world of live music, and prompted many states to adopt stricter requirements for nightclubs and other venues that host live entertainment. Here, across the border in Massachusetts, the 2004 Massachusetts Fire Safety Act put into place a slate of new requirements for nightclubs, bars, discotheques, and other venues. The provisions of the law are based on recommendations of a task force that looked at various aspects of fire safety.
Among the law’s mandates are:
- Sprinklers in places of public assembly, such as nightclubs, that holds people of 100 or more, with a three-year compliance deadline that expired Nov. 15;
- A so-called two-strike rule for venues of less than 100 that exceed occupancy capacity, with requirements that sprinklers be installed with 90 days or a venue can be ordered shutdown if occupancy violations occur twice in a year;
- The creation of new criminal penalties, including fines and possible prison sentences, for violations such as the use of pyrotechnics without permits, blocking of exits, storage of flammable or explosive materials;
- Restoration of the Student Awareness of Fire Education, or SAFE program, to educate school children about fire safety.
Venue owners or management can apply to a sprinkler appeals board to determine if their venues meet the criteria for falling under the 2004 law. Local fire chiefs have the option of granting extensions of up to one year for venues who are working to meet compliance. For example, if a club has engaged a contractor who is experiencing delays, the club owner might ask for an extension on those grounds.
The state Department of Fire Services and Department of Public Safety also conducted a series of seminars to educate local fire and building officials, charged with the enforcement of the new requirements.
The cost of safety
Although there isn’t anyone who argues against improving safety, some of the measures, most notably, those concerning the installation of sprinkler systems, have also proven costly to club owners. Dawn Callahan, owner of the Backstage Grille, bought the venue about a year and a half ago; apart from the installation of an emergency call box required by the Fire Department, she said she has been spared some of the expenses other owners face, in part because the venue already came equipped with a sprinkler system.
The venue doesn’t use foam insulation, she said, and added that musicians aren’t allowed to use anything that might compromise safety, such as pyrotechnics. But since the fire, she said, "When I go out, and it’s packed, I look and see where the fire exits are. Most places are very cautious of their establishments."
For Ted Epstein, owner of the now-closed Sit ‘n' Bull pub in Maynard, the sprinkler requirements were one of many financial factors that forced the closure of the long-time destination for blues and folk acts — as reported in the Beacon-Villager, a Community Newspaper Company publication. "Part of my experience was, the local fire authority did that, but became much more strict, with safety requirements regarding fire, and things like that,” Epstein said.
He added, "It’s very hard to argue with the fact that people are concerned for the public safety. … It’s hard for me to say that this was unnecessary, or an overreaction.” He said many club owners in the area were already taking pains to ensure safety, such as the posting of room capacity and in the case of Sit ‘n' Bull, providing several exits.
Rick Maida, a jazz musician who also books acts in venues such as The Colonial Inn in Concord, said, attitudes might have been more casual in the past, and musicians did not always pay as close attention to details such as keeping doors unblocked. He said in response to newer regulations, some club owners have made concessions, sometimes dividing their rooms so they will have smaller capacity and thus be exempted from some code conditions. Some venues stopped having live music altogether, he said.
At the Acton Jazz Café in Acton, owner Gwenn Vivian undertook two projects in order to meet the new regulations — replacing the sound insulation on the ceiling, and installing a new door, with a total cost of $12,000. "We had to replace our entire ceiling. The ceiling had been a spray-on sound insulation foam that the previous owners had put on there," said Vivian.
Vivian said an inspector took a sample and set it on fire. "It didn’t go ablaze, but it gave off a noxious black smoke." Previously, a room with a capacity of 100 or less could allow for a single door, but when that number was lowered to 50, Vivian said the club had to install a wider door. To pay for the changes, Vivian sold gift certificates, and was gratified by support from patrons, whom she said made the changes possible to fund.
It was one of several financial setbacks for the popular music destination, which temporarily closed last month due to a missed tax payment deadline, as reported in The Beacon, a CNC publication. "You want a business to thrive, and these things make it difficult. However, how could you not understand — a club owner has to understand that this is something that had to happen. Fire marshals across the country had to make sure nothing like [The Station fire] ever happened again,” Vivian said.
"People culture wide are not as anxious as they used to be to go out and be in a crowd,” Vivian said. "People do opt to stay home and flip the channels. There is an ominous feeling of, ‘What happens if I go out to a club among strangers?’”
State Fire Marshal Stephen Coan said it’s hard to know exactly how many venues might be affected by the changes, but estimates their number in the hundreds. To get a better sense of how well the changes are implemented — and how many venues are affected — Coan said he is in the process of conducting a survey, which he said is not complete, in part because some cases are still pending before the appeals board.
Tewksbury Fire Chief Bob Mackey said the town had to issue about a half dozen orders to various venues to come into compliance with the new sprinkler requirements. "We work with a lot of these places. It is a very expensive process — it can cost $50,000 to $100,000,” Mackey said. "When the law first came out, there were some questions about it. As the law evolved with the appeals cases coming in, you got a much clearer sense of where it was all going.”
Mackey said, all venues in town are in compliance at this time, and said no venues appealed orders issued by the town. However, he said it does sometimes mean striking a balance of working with venue owners to set timelines and present plans for compliance. He said he is grateful for new tools the 2004 law provides. For example, the renewal of liquor licenses now requires an annual inspection and signoff by both the Building and Fire departments, which he said allows additional opportunities to check that doorways are unobstructed, and that alarm and sprinkler systems are in working order, and to cite any possible violations.
"You have the tool to hold up the license, if necessary,” he said. The town can also issue tickets for violations, because it retains a hearing officer, which it shares with the neighboring town of Billerica. In the main, he said, "Most of the time, you tell them to fix it, and they fix it.”
Some venues appealed to the sprinkler appeals board, looking for clarification on the new requirements. After reviewing the appeal of a Knights of Columbus club in Leicester, the board issued specific criteria to help local authorities in defining venues that fall under the new laws including:
- No theatrical stage accessories, other than a raised platform;
- Entertainment by a live band or recorded music generating above-normal sound levels;
- Tables and seating arrangements that created ill-defined aisles;
- Serving alcohol with limited food service.
"For most of us, the definition of a night club is pretty clear. The definition of a bar is pretty clear. The social clubs provided some gray areas, because the kinds of activities vary from club to club,” said Jennifer Mieth, spokesman for the state Department of Fire Services.
Around the region, new bands such as Woodbury are living their dreams of playing to live audiences, but the memory of the fire weighs heavily on them and their families. "It’s definitely the responsibility of everyone,” said guitarist Ryan Sheehan. "It’s not just the club owner’s responsibility.”
Asbestos is the most lethal workplace killer in Great Britain
Every week twenty tradespeople die simply because they have breathed in asbestos fibres during the course of their work, the Health and Safety Executive will tell an annual North East conference tomorrow (Wednesday, 27 February). HM Inspector of Health and Safety, Rob Hirst, will outline the dangers presented to tradespeople at a conference held for Action for Mesothelioma Day at Gateshead Civic Centre.
Hosted by the Mick Knighton Mesothelioma Research Fund, the annual conference is held for patients, carers, healthcare and legal professionals as well as trade unions and health and safety representatives and all those who have been affected by this asbestos-related disease. Rob Hirst said: "Every week approximately six electricians and three plumbers die as a result of exposure to asbestos.
"The problem today is that we associate it with a problem that's been and gone because asbestos is now banned. People regard asbestos as something only a previous generation were exposed to but there is a real risk that the younger generation entering the workforce or even experienced workers will think this does not apply to them - but it does. If they work on any building built or refurbished before the year 2000 it could contain asbestos."
Every year approximately 4,000 people die of asbestos-related diseases, which is more than those in road traffic accidents. In Great Britain it is expected that asbestos deaths will peak at nearly 5,000 a year due to the legacy of exposure to asbestos in years gone by. Recent research conducted by the HSE shows that tradespeople, such as plumbers and electricians, know that asbestos is dangerous but just don't believe that they are personally at risk.
During February and March HSE's 'Asbestos - the hidden killer' campaign will remind tradespeople that unless they take precautions asbestos could kill them too. The campaign will target building maintenance and repair workers (e.g. electricians, plumbers and carpenters and joiners) using the theme 'You are more at risk than you
Warning over workplace transport deaths
Workplace transport deaths and injuries are rising because employers are failing to carry out risk assessments and provide proper staff training, Norwich Union Risk Services (NURS) has warned. According to the latest figures from the Health and Safety Executive (HSE), fatal workplace transport accidents went up by almost a third last year - 50 in 2006-2007 compared to 38 in 2005-2006. Such incidents also accounted for almost 4,000 major injuries over the past two years in the UK.
NURS highlights research carried out by the Health and Safety Laboratory (HSL) which showed that over a quarter (28%) of firms had never carried out a risk assessment of their workplace transport operations. In addition, the HSL study revealed that 26% had failed to provide any training for their workplace transport operators. Employers in agriculture and construction were the worst for not offering training - 65% and 32% respectively.
NURS training and consultancy manager, John Phillips, says there was a "clear link" between this lack of risk assessments and training, and incidents resulting in workplace transport deaths and major injuries: "There have been numerous prosecutions brought by the HSE recently which could have easily been avoided if proper training had been given and adequate risk assessments carried out."
One such case involved Silvery Tweed Cereals Ltd of Berwick-uponTweed, which was fined £20,000 and ordered to pay costs of £5,397 at Berwick Magistrates' Court in June last year after one of its workers was left permanently paralysed. Steven Rogers sustained serious injuries after a "downgrade bin" which he was attempting to empty fell from the forks of a forklift truck and pinned him to the ground.
The company pleaded guilty to breaches of both the Health and Safety at Work Act and the Management of Health and Safety at Work Regulations. HSE inspectors told the court that the company had failed to ensure that all of their operators received adequate forklift truck training.
John says: "We've seen similar incidents involving delivery drivers, construction vehicles and tractors, all with this recurring theme of unsuitable assessments and training. Employers need to get their act together to ensure they're complying with the law, and aren't negligently putting people's lives at risk.
"Another common factor in many of these incidents is poor traffic and site management, something which can be improved dramatically through risk assessment and hazard identification."
'Workplace transport' is a generic term describing vehicles or other types of mobile equipment used in a work setting, including on site delivery vehicles - but not on public roads.
Part time workers in claims victory
The part-time workers rules in practice are very complex. However, a recent decision of the Employment Appeal Tribunal (P Sharma v Manchester City Council) has reinforced the ability of part-time workers to pursue claims and is a warning to unwary employers.
The case concerned lecturers employed by Manchester City Council. Some part-time lecturers' contracts provided that the amount of hours they did each year varied, but had a guaranteed minimum which they would be offered and required to work.
The Council decided to deal with a funding reduction by reducing those part-timers (including Ms Sharma) to their minimum hours as there would then be full time work for the full timers. This was held by the EAT to be less favourable treatment of the part-timers.
The Council sought to argue that the reduction in Ms Sharma's working hours was about her contract, not her part-time status. To support this, they highlighted that another group of part-timers were unaffected as they were on different contracts. On that basis, how could the treatment be about Ms Sharma being part-time?
The EAT gave short shrift to these arguments and held that an employer cannot rely on this type of clause at all. It was made clear that to succeed with this type of claim a worker does not have to show that all part-time workers were treated less favourably or that the only reason for the treatment was the worker's part-time status.
Of greater concern, the EAT also made it clear that the mere existence of a clause like the one in this case, could have led to a successful claim. As a result, employers may wish to revisit any arrangements they have with groups of atypical workers and consider whether similar risks apply.
Many organisations have different groups of workers to provide flexibility, but there is now an increased risk that such flexibility could be unlawful. Whilst this case was about less favourable treatment of part-time workers, the same principles will apply to arguments about the terms and treatment of fixed-term employees.
We would recommend reviewing any contracts you have for any groups who are not "permanent" or "full time" to see whether these contain any risks.
