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Consultation Underway On Cost Recovery For HSE Intervention Opens

The first detailed look at how a new system will operate for recovering costs from those who break health and safety laws, has been published.

The Health and Safety Executive (HSE) has opened a three-month consultation on how cost recovery for intervention will operate, having already agreed the underlying principle with Government. The new scheme could apply from as early as April 2012.

Gordon MacDonald, HSE's programme director, said:

"The Government has agreed that it is right that those who break the law should pay their fair share of the costs to put things right - and not the public purse. These proposals provide a further incentive for people to operate within the law, levelling the playing field between those who comply and those who don't. Compliant firms will not pay a penny in intervention fees. The HSE already recovers its costs in a range of industries and we have considerable experience of making these schemes work. We want to hear from as many people as possible about how we plan to operate the scheme, to help make its introduction as successful as possible."

Although the changes put no new health and safety duties on businesses, they do place for the first time a duty on HSE to recover the costs of their interventions in certain circumstances.

Costs would be recovered, if during an inspection or investigation a failure to adhere to health and safety law identified by an inspector as requiring formal action - is discovered. Fees would apply up to the point where HSE's intervention in supporting businesses in putting matters right has concluded. Law-abiding businesses will be free from costs and not have to pay a penny.

Under the proposals, HSE will recover costs at current estimates of £133 per hour. Costs of any specialist support needed by HSE would also be passed on. Invoices will need to be paid in 30 days.

HSE also confirmed that the new system would not replace existing cost recovery arrangements such offshore oil and gas installations, some chemical and petrochemical sites and licensed nuclear installations.

Costs would also be recovered for HSE's assessment of notifications and subsequent inspections under the Borehole Sites and Operations Regulations 1995.

MBHS makes a point of representing the owner or director who they are employed by. We will argue for you against the HSE, the environmental health officer, your staff, your insurer, etc, minimising the costs to your business but ensuring you comply with health and safety legislation.

If you are looking for health and safety consultants that won't hinder you, we are here to help. Call us today on Freephone 0800 068 0188 or visit www.mb-hs.com for further information.

Changes To RIDDOR Come Into Effect

New arrangements for the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR) were introduced on 12th September this year.

Only fatal and major injuries and incidents will be able to be reported by phone to the Health and Safety Executive (HSE), with all other work-related injuries and incidents reportable under RIDDOR to be reported via one of a suite of seven online forms available on HSE's website. Visit www.hse.gov.uk/press/2011/hse-incidentreporting.htm for further information.

The seven online RIDDOR reporting forms will be:

1. F2508 Report of an injury
2. F2508 Report of a Dangerous Occurrence
3. F2508A Report of a Case of Disease
4. OIR9B Report of an Injury Offshore
5. OIR9B Report of a Dangerous Occurrence Offshore
6. F2508G1 Report of a Flammable Gas Incident
7. F2508G2 Report of a Dangerous Gas Fitting

The HSE is confident that this should not be a significant change for many, as the new forms are designed to be intuitive and quick and easy to complete. The most important thing is that there will still be somebody at the end of the phone to assist those who are reporting a traumatic event that has resulted in a death or major injury.

HSE's Infoline telephone service which in the past, provided a basic information service to callers has now ceased. From 30 September, those seeking information and official guidance are directed to HSE's website - where they can access and download resources and use interactive web tools free of charge.

Whilst the HSE's website is a popular option for accessing health and safety information and ongoing improvements will be made, many people want peace of mind by talking to someone at the end of the telephone. That's why MBHS offers a Freephone advice line to assist you with all your health and safety concerns. As a consultancy, we know that you may not contact us unless you have a health and safety issue or problem, but we will resolve these for you efficiently and effectively, to prevent legal action and with minimal costs to your company.

For more detailed information about the services and training we can provide, call us on Freephone 0800 068 0188 or visit our website at www.mb-hs.com. Remember, MBHS is only a phone call away to answer all of your queries.

M&S Fined £1m For Asbestos Breaches

High street retailer Marks & Spencer has been fined £1m for failing to protect customers and employees from risk of exposure to asbestos during refurbishment at one of its stores.

Three of its contractors were also fined for asbestos offences during work carried out on shops in Reading and Bournemouth between 2006 and 2007.

The retailer was found guilty in July of two charges under the Health and Safety at Work Act 1974 of failing to ensure the health and safety of its staff and others at the Reading store. It was fined £500,000 for each offence and ordered to pay a further £600,000 in costs.

Judge Christopher Harvey Clark QC said that the company was more interested in making profits than properly planning for the removal of asbestos. "There was systemic failure on behalf of M&S management. There has been no hint of a proper full apology for what happened," he said.

Three contractors also guilty of asbestos safety breaches were also fined. Willmott Dixon Construction Ltd, of Hertfordshire, was found guilty in July of contravening the Health and Safety at Work etc Act 1974 at Marks & Spencer's Bournemouth store. It was fined £50,000, plus £75,000 costs.

PA Realisations Ltd (formerly Pectel Ltd) was found guilty in July of contravening Control of Asbestos at Work Regulations 2002 at the Reading store. As the company is insolvent it was fined a nominal £200.

Styles & Wood Limited, of Manchester Road, Altrincham, Cheshire, which had pleaded guilty at an earlier hearing in January 2010 to contravening the Health and Safety at Work etc Act 1974 at the Reading store, was fined £100,000 and ordered to pay costs of £40,000. The fines were handed down at Bournemouth Crown Court.

Winchester Crown Court heard that construction workers at the two stores removed asbestos-containing materials that were present in the ceiling tiles and elsewhere. The court heard that the client, Marks & Spencer, did not allocate sufficient time and space for the removal of asbestos-containing materials at the Reading store. The contractors had to work overnight in enclosures on the shop floor, with the aim of completing small areas of asbestos removal before the shop opened to the public each day.

HSE alleged that the retailer failed to ensure that work at the Reading store complied with the appropriate minimum standards set out in legislation and approved codes of practice. The company had produced its own guidance on how asbestos should be removed inside its stores, and the court heard that this guidance was followed by contractors inappropriately during major refurbishment.

PA Realisations failed to reduce to a minimum the spread of asbestos to the Reading shop floor. Witnesses said that areas cleaned by the company were re-contaminated by air moving through the void between the ceiling tiles and the floor above, and by poor standards of work.

Styles & Wood, principal contractor at the Reading store, admitted that it should not have permitted a method of asbestos removal which did not allow for adequate sealing of the ceiling void, which resulted in risks to contractors on site.

The principal contractor at the Bournemouth store, Wilmott Dixon Construction, failed to plan, manage and monitor removal of asbestos-containing materials. It did not prevent the possibility of asbestos being disturbed by its workers in areas that had not been surveyed extensively.

After the sentencing, Richard Boland, HSE's southern head of operations for construction, said: "This outcome should act as a wake-up call that any refurbishment programmes involving asbestos-containing materials must be properly resourced, both in terms of time and money - no matter what. Large retailers and organisations who carry out major refurbishment works must give contractors enough time and space within the store to carry out the works safely. Where this is not done, and construction workers and the public are put at risk, HSE will not hesitate in taking robust enforcement action."

MBHS Asbestos Management

Asbestos is one of the most legislated areas of compliance in the UK. People responsible for running or occupying buildings have a duty to manage the risk from asbestos. The management activity demonstrates long term compliance, which would involve risk assessments, establishing registers, and mark, manage or remove strategies.

The information held must be kept up to date and made available to anyone who may work or disturb the asbestos containing material (ACM). Regular reviews and condition assessments should therefore form any part of the strategy. Training of all relevant personnel is another key requirement.

MBHS actively helps its clients manage asbestos, from initial surveys to strategic reviews of the management in place, to comply with Control of Asbestos at Work Regulations 2002 (CAWR). We aim to provide a high class service at the lowest possible cost and to make survey reports understandable, comprehensive and informative.

All of our surveyors hold the P402 Certificate of Competence in Asbestos (CCP) with a minimum of 5 years industry experience and all surveys are conducted in accordance with HSG 264, incorporating the advice and guidance within the ACOP L127. All samples are analysed by UKAS accredited laboratories.

We offer:

• Asbestos management surveys
• Asbestos re–inspections and remediation work
• Asbestos air monitoring
• Asbestos strategic reviews
• Asbestos removal by licensed contractors
• Asbestos training for both management and awareness

We have a very wide range of clients that include building contractors, manufacturing companies, NHS, schools, care homes, hotels, facilities management companies, colleges, universities, registered charities, financial companies and restaurants.

For further information contact us on 0800 068 0188 or visit www.mb-hs.com/asbestos-surveys-management.htm

Fire Health And Safety

With the Government launching its new Fire Kills Campaign, to coincide with the official end of British Summertime when the clocks are put back, only half of all householders who own a smoke alarm say that they test it's working on a regular basis.

But as a business owner, how regularly are your premises checked for fire safety? It is important not to forget how the effects of accidental fires or explosions in workplaces can be devastating in terms of lives lost, injuries, damage to property and the environment, and to business continuity. Working with flammable liquids, dusts, gases and solids is hazardous because of the risk of fire and explosion.

The Fire & Rescue Services attend more than 30,000 fires in the workplace each year. Organisations operating from single premises are particularly vulnerable as loss of premises may completely disrupt their operations. Many businesses fail to continue trading following a serious fire.

Most businesses will have some degree of fire risk. It may have a more significant impact on a business that stocks combustible material including flammable liquids and gases, uses heat processes, has people working alone in parts of the building, has poorly maintained equipment and electrical circuits, has public access (risk of arson) and has poor housekeeping standards. But any organisation may be affected at any time.

New fire safety rules affecting all non-domestic premises in England and Wales came into force on 1 October 2006. If you are:

• responsible for business premises
• an employer or self-employed with business premises
• responsible for a part of a dwelling where that part is solely used for business purposes
• a charity or voluntary organisation
• a contractor with a degree of control over any premise

you need to have a suitable and sufficient risk assessment in place.

When completing your fire risk assessment, attention should be given to:

• Fire Warning and Detection
• Means of Escape in Case of Fire
• Means for Fighting Fire
• Maintenance and Testing
• Good housekeeping
• Fire Procedures and Training
• Shutdown procedures

The Fire (Scotland) Act 2005 and The Fire Safety (Scotland) Regulations 2006 have replaced almost all workplace fire safety legislation. Some elements of the Building Standards are also related to fire safety.

MBHS can supply training for Fire Safety Marshalls and complete the necessary risk assessments for your business. Fire kills, so don't hesitate, call Freephone 0800 068 0188 now for more information.

New Standards In First Aid Kits Announced

For the past 14 years, one, ten, 20 and 50 person kits have been the workplace standard based on BHTA (British Healthcare Trade Association) guidelines from 1997. As work environments have changed and new first aid products have been developed, the BHTA and the BSI (British Standards Institute) have announced a new standard of workplace first aid kits. The BHTA will withdraw the previous standard with effect from 31 December 2011.

All first aid kits must conform to the new standard BS-8599-1:2011.

The Health and Safety (First Aid) regulations 1981 states: "An employer shall provide or ensure that there are provided such equipment and facilities as are adequate and appropriate in the circumstances for enabling first aid to be rendered to his employees if they are injured or become ill at work". Therefore by continuing to use the 1997 guidelines, organisations fail to be compliant with these regulations and thus by providing a new standard, employers are able to meet first aid requirements effectively.

With the introduction of the new standard, the following changes to the kits have been made:

• An increased quantity of gloves in order to meet the demand which will be Nitrile type in accordance with the NHS and St. Johns Ambulance guidelines.
• A more appropriate number of plasters available.
• A higher quantity of wipes available which must be sterile in order to meet the European CE marking rules.
• A reduced number of medium and large dressings.
• Fewer triangular bandages in line with first aid protocol which no longer suggest their need for immobilizing lower limbs.
• Introduction of a smaller finger dressing which is more suitable for small injuries than the current plasters and dressings.
• Burns gel dressing has been introduced as the majority of workplaces will have a risk from burns from having something as simple as a kettle. The dressing will also include a conforming bandage to secure it.
• Where safety pins once were used, adhesive tape is now being introduced in order to secure dressings. Safety pins will still be available so that first aiders can choose depending on their preference.

• The introduction of a foil emergency blanket allowing a casualty to keep warm in order to reduce the potentially fatal effects of clinical shock.
• In order to protect first aiders from infection, a mouth to mouth resuscitation device will be included in the new kits comprising of a one way valve.
• Travel kits will now incorporate eyewash as it is unlikely that fixed eye wash stations will be available.
• A new first aid guidance leaflet will be included in the kits detailing the latest HSE guidelines.

As well as the new inventory for the first aid kits, four sizes will be introduced; workplace small, medium, large and a travel kit. In order for employers to select the correct first aid kit for their particular work place, a risk assessment is crucial to determine the hazard levels and number of employees within the area.

The BSi has outlined a guide to help employers select the most suitable kit for their requirements:

Low Hazard Workplace (e.g. shops, offices etc.)

• Less than 25 employees – small kit
• 25 – 100 employees – medium size kit
• Over 100 employees – 1 large kit per 100 employees

High Hazard Workplace (e.g. extensive work with machinery, food processing, warehousing etc.)

• Less than 5 employees – small size kit
• 5 – 25 employees – medium size kit
• Over 25 employees – 1 large kit per 25 employees

For a risk assessment to determine to the type of first aid kit you require for your business, call MBHS' Freephone number 0800 068 0188. We are also able to supply you with the correct kit at competitive prices.

McCormack Benson Health and Safety Ltd
MBHS, Unit 1, Hedley Ave, West Thurrock, Grays, Essex RM20 4EL | 01375 398998 | info@mb-hs.com