let’s break the chain - iirsm...evans fall down the embankment holding his arm. he was taken to st...

INTERNATIONAL INSTITUTE OFRISK AND SAFETY MANAGEMENT

Visit our website at wwwiirsmorgIssue 032017

How to become an Ambassador for IIRSM16

INSIDE THIS ISSUEIn court Wilko KFC Warburtons and Jaguar Land Rover

02 How safe is your supply chain06 Record numbers

attend Branch meeting in Dubai

09

A speaker at the recent Health in Construction Leadership Group Forumstood on stage and said ldquoI unclipped my harness and walked to the edge and thought the world would be better without merdquo The room fell silent Leaders were uncomfortable Questions followed what could the employer have done

Some of us may have been involved in cases where no one can explain the actions of the trained and experienced worker who died The employer knows of the requirement to ensure health and safety but often the investigation begins with blame remorse and the assumption the employer must have caused the death

There is rarely evidence of suicide ndash with the exception of Telecom France when 24 employees took their lives over seven years The majority left letters blaming pressure from management

Many of us will also remember the story of Jacintha Saldanha the nurse who committed suicide after she allowed Kate

Middleton to be contacted by radio DJs in a prank call The pressure fell on one individual and her death should have been predictable

Recent research by Oxford and Stockholm universities found people who know a work colleague who died by suicide are three times more likely to follow suit Itrsquos evidence that suicide is now a workplace risk But how can you manage depression when you donrsquot know colleagues are suffering Even if we carry out pre-employment questionnaires or health surveillance staff donrsquot admit to mental illness through fear of stigma job security or because they cannot diagnose their own mood

However doing nothing is not the answer Suicide is the most common cause of death for men aged between 20ndash49 in England and Wales according to 2015 figures from the Office of National Statistics Three quarters of the population with a diagnosable mental illness receive no treatment

Tonja Schmidt Head of Development and Evaluation at the Samaritans says that stigma

persists simply because we donrsquot have the words to express our feelings about it Therersquos a degree of pressure to lsquobe seen to be copingrsquo and not showing personal emotions and if we do see the signs among colleagues we donrsquot know how to respond

Through training and authentic caring the evidence suggests people can be helped The speaker who contemplated taking his life by jumping from height underwent cognitive behavioural therapy which has saved his life

As well as the moral duty there is a business case for taking the time to care mental illness is responsible for 91 million working days lost and costs pound30 billion each year Remember if one person talks the other needs to listen

For practical ways employers can help to prevent occupational burnout turn to page 12 For information on supporting suicidal employees see President Siobhan Donnellyrsquos column in this monthrsquos issue of Health and Safety at Work

Letrsquos break the chain

wwwiirsmorg | 03170317 | wwwiirsmorg 32

News Prosecutions

CHIEF EXECUTIVE Phillip PearsonDIRECTOR OF MEMBERSHIP AND COMMUNICATIONSClare FlemingMANAGING EDITOR Louis Wustemann

EDITOR Kellie Mundellkelliemundelllexisnexiscouk DESIGNER Carrie Love

ADDRESSIIRSM 77 Fulham Palace Road London W6 8JA UK Tel +44 (0)20 8741 9100 Fax +44 (0)20 8741 1349Website wwwiirsmorgEmail infoiirsmorg

Registered in England and WalesCharity No 1107666Company No 5310696

PUBLISHED BY LexisNexis copy Reed Elsevier (UK) Limited 2017Printed by Headley Brothers Ltd Kent

This publication is intended to be a general guide and cannot be a substitute for professional advice Neither the authors nor the publisher accept any responsibility for loss occasioned to any person acting or refraining from acting as a result of material contained in this publication

Reproduction copying or extracting by any means of the whole or part of this publication must not be undertaken without the written permission of the publishers

ISSN 1746-1359

News Prosecutions

RISK ASSESSMENT

Retailer fined pound22m after worker was crushed by 35-stone cage

Store failed to tailor generic national risk assessments to local requirements

National chain Wilko has been ordered to pay pound22 million for safety breaches after a student working part-time at one its stores was left paralysed when a metal cage full of paint tins fell on top of her

The retail giant was prosecuted by Leicester City Council after the heavily laden metal cage used to move stock around the store toppled over a ledge that was created when the lift stopped at a slightly lower level than the floor

The cage fell over as Corisande Collins (right) manoeuvred it out of the doors crushing her beneath hundreds of litres of paint tins She sustained severe spinal injuries in the 2013 incident and now has to use a wheelchair

ldquoThe practical realities were essentially that heavily and unevenly laden cages were being manoeuvred around sometimes unnecessarily with items not even required on the shop floorrdquo said Judge Ebraham Mooncey at Leicester Crown Court ldquoThe risks were clearrdquo

He highlighted nine failings of Wilko adding that the cage in this incident was top-heavy with 875 litres of paint stored on the top level 87 litres on the middle level and 55 litres on the lower level making it more likely to topple over

Wilko pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act Section 2(2) of the Health and Safety at Work Act Regulation 4(1) of the Manual Handling Operations Regulations and Regulation 3(1) of the Management of Health and Safety at Work Regulations

As well as the multi-million pound fine the firm was ordered to pay an additional pound70835 in legal costs The retailer which is based in Worksop Nottinghamshire has nearly 400 stores across the UK and a turnover of pound14 billion

In a statement Collins who is now 23 said ldquoI never imagined something like this happening to me Wilko is taking full responsibility for what happened but this will never make up for the fact I have lost the use of my legs and will spend the rest of my life in a wheelchairrdquo

ldquoWe are pleased with the prosecution brought by Leicester City Council ndash it is now up to employers to learn the lessonsrdquo

SENTENCING

Safety fines treble in 12 months

First year of revised guideline resulted in 19 fines of pound1 million or more

The first year of operation of the new sentencing guideline which took effect on 1 February 2016 has seen penalties for health and safety offences treble

The largest fine in 2016 was pound5 million handed to Merlin Entertainments after five people were seriously hurt in a rollercoaster crash at its Alton Towers theme park This was two and a half times the size of the largest fine in 2015 and almost ten times larger than the biggest fine in 2014

Thirty-four of the 46 people prosecuted for health and safety breaches were found guilty and this resulted in 12 prison sentences ndash the longest of which was two years

The largest 20 fines imposed for health and safety offences last year cost the businesses involved a total of pound386 million and not every case involved a fatality In comparison the largest 20 fines in 2015 and 2014 cost pound135 million and pound43 million respectively

ldquoThe increase in fines being issued by the courts demonstrates a desire to drive the message home the ensuring health and safety within a working environment is fundamentalrdquo commented Mary Lawrence Partner at law firm Osborne Clarke ldquoSo while fines regularly exceeded the pound1 million mark last year we can expect to see even larger fines going forwardrdquo

Corisande Collins will spend the rest of her life in a wheelchair

TRANSPORT

Rail worker hit by 90mph train The owner of the UKrsquos railway network has been fined pound800000 after a maintenance worker was struck by a train travelling at up to 90mph

Network Rail was charged with two counts under the Health and Safety at Work Act for failing to ensure the health safety and welfare at work of employees and non-employees

On 22 June 2014 an inspection revealed tracks needed urgent work done due to ldquometal fatiguerdquo which is known to cause train derailment

Two days later Rail Manager Allen Evans was carrying out the repairs to the track near Redhill in Surrey At the side of the track where Evans was walking was a steep embankment where the ability to retreat to safety when a train approached was ldquomaterially compromisedrdquo the court heard

An eye witness heard a ldquobangrdquo and saw Evans fall down the embankment holding his arm He was taken to St Georgersquos Hospital in Tooting by air ambulance His injuries were described as life-changing

Evans who had worked for the rail giant for more than 30 years has limited mobility and needed psychiatric help It

is possible his right arm will have to be amputated in the future

Workers said they felt uncomfortable being so close to the trains and had to sit or squat on the side of the embankment Guildford Crown Court heard

ldquoThis was a serious risk considering the speed and frequency of the trainsrdquo said Graham Watson for the prosecution

The court was told that the works could have been carried out at night coinciding with other scheduled works that would have ensured that no trains were running

Watson added ldquoIn substance there was a culture in Network Rail in relation to poor planning in this area which gave rise to serious risks which eventuated in very significant and life-changing injuries to Evansrdquo

HUMAN TRAFFICKING

Sports Direct modern slavery brothers jailed

Erwin and Krystian Markowski were each sentenced to 85 years in prison

Two brothers who trafficked 18 people from Poland to the UK and conned and threatened them have been jailed

Erwin and Krystian Markowski both from Nottingham recruited the vulnerable men to work at the Sports Direct warehouse in Shirebrook Derbyshire

The pair controlled their victimsrsquo bank accounts and kept most of their wages totalling pound35000 between 2015 and 2016 Nottingham Crown Court heard

They have both been sentenced to six years in prison for modern slavery

Erwin 38 and Krystian 35 of Harcourt Road pleaded guilty to conspiracy to arrange travel with a view to exploitation and fraud by false representation

They were given a two-and-a-half year concurrent sentence for fraud

The Markowskis paid for the Polish men to travel to the UK but when they arrived their passports were taken and they were ldquototally isolatedrdquo

The case came to light when one of the victims reported his ordeal to police in January 2016

During sentencing Judge Stephen Coupland said it was a ldquoplanned and systematicrdquo scheme of ldquohuman traffickingrdquo

He said ldquoYou employed a spotter in Poland to identify people who were vulnerable Your intention by selecting vulnerable people was to make it easier to control them over here

In a statement Sports Direct said it welcomed the conviction and ldquowill not tolerate these kinds of behaviourrdquo

InBriefWhite paper sets out Brexit plansThe governmentrsquos long-awaited white paper outlining its Brexit plans highlights 12 areas which the government is prioritising including protecting workersrsquo rights ensuring free trade with European markets and securing new trade agreements with other countries

It also mentions leaving the EUrsquos safety-related agencies an issue that has been raising questions in the sector

It says ldquoAs part of exit negotiations the government will discuss with the EU and member states our future status and arrangements with regard to these agenciesrdquo

Read more about what the white paper outlines at wwwhealthandsafetyatworkcombrexitwhite-paper-seeks-safety-continuity-workers-rights-protection

Left Image from the train immediately before the accident showing Allen Evans walking along the track Below ground profile of accident location

The largest 20 health and safety fines in 2016 cost firms

pound38m

copy S

WN

Sco

m

The company pleaded guilty to the two charges and ldquoin no way held Evans responsiblerdquo the court heard

ldquoIt has been accepted that the companyrsquos plan and decision to do this work in a Red Zone was an error ndash but for the right reasonsrdquo said Oliver Campbell for the defence

ORR Principal Inspector Tom Wake said ldquoIn 2014 Network Railrsquos planning of track maintenance work near Redhill fell below legal standards placing workers in unnecessary danger and causing an employee to suffer life changing injuries

ldquoAfter the incident Network Rail undertook a review of worker safety on the London to Brighton line reducing track maintenance with trains running introducing better warning systems and providing additional training for staff


News ProsecutionsNews Prosecutions

TRAINING

KFC fined almost pound1m over burns

Fast food giant KFC has been fined pound950000 after two employees suffered burns while handling hot gravy without gloves

A 16 year old boy and a woman were hurt in separate accidents at restaurants in 2014 and 2015 Teesside Magistratesrsquo Court heard

The teenager suffered serious burns at the Teesside Park restaurant on 14 July 2014 and the woman was hurt at the Wellington Square in Stockton on 1 December 2015

The court heard how environmental health officers visited the Wellington Square branch two days after the woman was hurt and found staff could not find any protective gloves

The restaurant chain was ordered to pay the fine plus pound18700 in costs after admitting health and safety breaches

KFC said it invested pound75 million in health and safety measures every year

The firm admitted such accidents were rare but staff failed to follow procedures ldquoThe safety of our team members is hugely important to us so we were shocked by what happenedrdquo said Chief Operating Officer Rob Swain

ldquoWe have robust processes and procedures in place but on these occasions they were not followed and we have accepted the prosecutionrdquo

The prosecution was brought by Stockton Borough Council Councillor Steve Nelson cabinet for community safety said ldquoThis is a huge fine that sends out a very clear message that all food business operators have a duty to ensure the health and safety of their employees and provide them with suitable trainingrdquo

FIRE SAFETY

Fake fire safety glass fraudster jailed for a year

Boss passed off laminated glass as fire-proof Fraud estimated to be in excess of pound500000

A glass manufacturer who ldquoput profit before peoplersquos livesrdquo by installing counterfeit fire resistant glass has been jailed for 12 months

Seamus Laverty 57 and his son former director of Glassworks Ireland James Laverty 26 were found guilty of committing fraud by false representation in that they claimed to have supplied fire resistant glass to various building suppliers when in fact it was standard laminate glass

The court heard that Laverty had his own glass business but had gone bankrupt in 2007 so the company was taken over by his son under a new name Glassworks Ireland

According to the prosecution the firm bought the laminate glass for between pound8-pound16 per sq metre and sold it for between pound135-pound240 per sq metre

A whistleblower who was a competitor of the business became suspicious of Glassworkrsquos low tenders and acquired a sample of its fire safety glass

After discovering that it was ordinary laminated safety glass that had been stamped as fire resistant he alerted police and the investigation began

By selling the products to construction companies Laverty obtained pound145000 by deception The list of alleged victims spreads all over the UK and the Republic of Ireland and includes churches schools hospitals universities accommodation for the elderly shops businesses and someonersquos home

Sentencing Laverty to a year in jail and another year on licence the judge said that the case was ldquochillingrdquo and that users of the buildings had been put at risk ldquoBy the grace of God [harm] was avoided but thatrsquos no thanks to yourdquo

ldquoWe estimate the total cost of this fraudulent activity to be in excess of

pound500000 given the initial cost of the fake glass and the cost of replacing itrdquo said Detective Sergeant Colin Gray after sentencing

ldquoThe financial victims were construction companies which bought glass in good faith and then had to replace it But there were many more potential human victims who were exposed to unnecessary risk through no fault of their own simply by being in buildings which did not have the appropriate fire safety glass installedrdquo he added

ldquoThese included patients in hospitals pupils in schools residents in care homes and students at university as well as firefighters in the UK and Ireland who are provided with greater protection by the fire resistant qualities of genuine fire safety glassrdquo

TRANSPORT

Haulage boss and mechanic jailed over fatal tipper truck crash

The owner of a haulage company and a mechanic have been jailed after a 32-tonne truck with faulty brakes killed four people including a four-year-old girl when it careered down a steep hill in Bath

As we reported last month Mitzi Steady four died and her grandmother Margaret Rogers suffered serious injuries when they were hit by the lorry as they crossed the road

The heavily loaded vehicle continued down Lansdown Lane and hit a parked car killing three men inside Stephen Vaughan 34 Philip Allen 52 and Robert Parker 59

On the day of the accident 19 year old Phillip Potter was driving behind another vehicle driven by Matthew Gordon the owner-director of Grittenham Haulage which owned the lorry when they passed signs warning of weight and speed restrictions

Bristol Crown Court heard that Gordon and mechanic Peter Wood failed to properly maintain the vehiclersquos braking system A former driver at Grittenham Haulage gave evidence of persistent problems with the brakes on the same Scania L8 CMT vehicle that Potter had been driving The brakes were found to be inadequate when they

were tested after the collision with an overall efficiency of just 28

Potter lost control of the lorry when the brakes failed and it struck a number of vehicles pedestrians and traffic signs only coming to a stop when it tipped onto its side

Matthew Gordon 30 and Peter Wood 55 were each convicted of four counts of manslaughter Gordon was sentenced to seven years and six months in prison and Wood to five years and three months

Potter was cleared of 14 charges including four counts of manslaughter and causing death by dangerous driving over the accident on 9 February 2015

A 16 year old was left with second degree burns at this branch in Teesside Retail Park

Seamus Laverty was sentenced to 12 monthsrsquo imprisonment and another year on licence

STRESS

New handbook for safety repsThe TUC has published a new guide to help trade union health and safety representatives tackle workplace stress

Last year seven in ten respondents to a TUC survey of more than 1000 health and safety representatives identified stress as the top concern in their workplace As a result the union has issued the handbook ndash produced with the HSE ndash which will help union representatives work with employers to find practical solutions to work-related stress

The guide is based on the HSE lsquomanagement standardsrsquo in handling stress It breaks down the causes of work-related stress into six key areas

demands issues like workload work pattern and environment

control how much say someone has over the way in which they work

support available resources line management and colleagues

relationships dealing with unacceptable behaviour and promoting positive working

role if the person understands their role at work and does not have conflicting roles

change how organisational change ndash large or small ndash is communicated

The handbook proposes that a group ndash made up of representatives from across every level of the organisation ndash gathers information on the current situation in the workplace and carries out a risk assessment based on the HSE standards

The group can then identify practical proposals for change that could make a real difference such as tackling a long hours working culture improving workplace practices or increasing staffing levels

Download the handbook for free here wwwtucorgukworkplace-issueshealth-and-safetystresstackling-workplace-stress-using-hse-stress-management

InBriefLabour market watchdog tsar namedSir David Metcalf has been named by the Government as the first director of labour market enforcement and will oversee the work of three regulators ndash the Gangmasters and Labour Abuse Authority (GLAA) the Employment Agency Standards Inspectorate (EAS) and the HMRC National Minimum Wage (HMRCndashNMW) enforcement team

The union has called for Metcalfrsquos first job to be an investigation into working practices at the Barnsley warehouse of fashion giant ASOS

Bakery hit with pound2m fine for mixer fallWarburtons has been prosecuted after a worker fell two metres while cleaning a mixer breaking his back Full story here wwwhealthandsafetyatworkcomwarburtons-andrewsears

Jaguar Land Rover in court after production line shuntCar giant Jaguar Land Rover has been ordered to pay pound900000 after a worker was crushed at its Solihull plant in the West Midlands and left with life-changing injuries Mark Widnall 59 was carrying out vehicle checks on the production line at the factory when a colleague accidentally pressed the accelerator of a Range Rover Sport as he drove it onto the track More wwwhealthandsafetyatworkcomjaguar-land-rover-mark-widnall

Health and safety reps who identified stress as a top issue

70Number of months Seamus Laverty must serve in prison

12

copy C

olm

Len

agha

nPa

cem

aker


Strategic procurementStrategic procurement

How safe is your supply chainIn todayrsquos changing business environment supply chain management has taken on an even more high profile and important role But where does the responsibility lie IIRSMrsquos Technical Director Peter Hall explains

The world has changed beyond recognition over the past two decades ndash businesses are moving to

cloud-based services and many use third parties to provide support on a day-to-day basis With advances in technology and the drive for greater efficiency more and more services are being outsourced ndash be this the development and support of applications or the hosting of services The cost benefits of these approaches are quite simple to assess but what about the risks

There are two specific supply chains that many companies rely on

companies that supply goods and materials

contractors and subcontractors providing specific services such as maintenance construction cleaning or catering

Each in their own right has implications for the both occupational health and safety and working conditions of suppliers and contractors

Legal awarenessWhile every industry sector and job may

require different legal and regulatory standards the following legislation should be taken into account as a minimum

Health and Safety at Work Act Management of Health and Safety at

Work Regulations Construction (Design and

Management) Regulations (CDM) 2015 Control of Substances Hazardous to

Health Equality Act 2010 Companies Act 2006 Data Protection Act

It is important to remember that while suppliers merely attend your site to deliver goods and materials they are still subject to your site rules as well as national regulations

Contractors employed to work on client sites could potentially pose significant health and safety risks Any such risks are shared by the client company on whose premises the work is carried out as they have a duty to their own employees others who may be

affected (including other contractors) visitors and members of the public to protect them from any risk posed by the work being undertaken

Companies may apply a number of different strategies to assess or impose occupational health and safety requirements on their suppliers and contractors Many of these strategies are often part of a broader sustainable supply chain management approach in collaboration with the company procurement department and operational management

Below parMany service companies and clients require the assessment of contractors to ensure that they not only meet legal and regulatory standards but also that the company has the leadership management organisation processes and procedures appropriate levels of insurance financial resources and that all company management and staff have the skills competence knowledge and understanding to undertake the work

Where a company has incurred a significant loss recovery could take some time and subsequent insurance premiums could be increasedrdquo

they have been employed to do This includes occupational health and safety environmental and quality standards

Unfortunately there are many examples and reported court cases where subcontracted work has failed to meet the required standards resulting in accidents injury and potentially a worst-case scenario where someone loses their life In addition loss of property equipment production time product and potentially key staff may prove costly where some are insufficiently insured or uninsured Where legal procedures have been initiated fines could be significant and dependent on the profitability of the company Where a company has incurred a significant loss recovery could take some time and subsequent insurance premiums could be increased

The latest statistics from the HSE show that in 20142015 586 cases were prosecuted by the regulator and 70 cases were brought by local authorities A number of reported cases in 2016 describe where the company had not undertaken a thorough contractor assessment because of work pressures or a lack of

understanding of regulatory compliance This means they miss the opportunity to assess the contractorrsquos true capabilities

Costly mistakesThe new regime in health and safety sentencing introduced in February 2016 (which came into force immediately irrespective of date of offence) provided a definitive guideline for courts which increased the potential fines significantly dependent on the offence category culpability and harm

Judging the capability of suppliers and contractors gives a business a clear indication of the skills and experience to proceed with their products or services but is this sufficient It is not uncommon for contractors to overpromise and underdeliver potentially leading to legal proceedings against the contractor and reputational damage for the company Assessment of a contractorrsquos overall risk management structure and organisation including its occupational health and safety management system has become significantly more important to clients as getting it wrong is becoming more and more costly

Assessing and managing a single contractor can be a complex and time-consuming undertaking for any organisation ndash regardless of its size ndash as there are a number of core elements that should be considered Companies whose procurement departments have put in place a vendor approved list and outsource their non-core activities to a number of subcontractors may enlist one of a number of vendor assurance schemes that have grown over the last five to ten years and agree with them an appropriate standard each contractor must meet to be included on the approved list Each vendor assurance scheme will charge an annual fee per subcontractor ndash this is usually paid by the subcontractor to be assessed and approved

Keep it simpleSeveral of the current vendor assurance schemes are part of the Safety Scheme in Procurement (SSIP) Forum The SSIP was founded in May 2009 following the Governmentrsquos report Accelerating

the SME Economic Engine Through Transparent Simple and Strategic Procurement

Supported by the HSE SSIP aims to streamline prequalification and encourage straightforward mutual recognition between its member schemes

SSIP is actively reducing health and safety assessment costs and bureaucracy in the supply chain by making cross-recognition between member schemes as effective as possible and highlighting the savings to buyers and suppliers All SSIP member schemes have fully committed to the vision of driving unnecessary cost and confusion out of supplier health and safety assessment and SSIPrsquos core philosophy is to enable effective cross-recognition between existing schemes

Furthermore the SSIP core criteria for assessments is aligned to the Government-backed construction pre-qualification document PAS 91 ensuring consistency within supply chain management

More than 75000 suppliers are registered with an SSIP member scheme and this information is readily accessible via the SSIP web portal ndash which is free to access and provides an easy way of finding out if a supplier holds valid certification and confirms compliance with the SSIP core criteria and UK health and safety legislation

Eleanor Eaton Chair of SSIP quantifies the savings available to clients and suppliers from SSIP activity ldquoSince inception of SSIP we are pleased to advise mutual recognition has enabled savings to suppliers in excess of pound41 million in addition to the time savings by all parties involvedrdquo

SSIP is keen to work with any organisation who would like to know more about the benefits of recognising the many thousands of suppliers who are currently assessed by SSIP members

There is no argument that there is a need for effective and sound business risk management including health and safety in the management of the supply chain By doing so it will help to ensure that through consistent and concerted efforts UK businesses will continue to help reduce ill health accidents and loss of life in line with the HSE strategy of helping Great Britain Work Well


Institute News Institute News

EVENT

Why thinking differently can help you embed a safety culture

BRANCH UPDATE

Record numbers attend meeting in Dubai

Delegates included former IIRSM chairman Keith Scott

Session focused on applying the hierarchy of controls when working at height

With more than 60 attendees the recent United Arab Emiratesrsquo Branch meeting held at the International HSE Councilrsquos premises in Jebel Ali Dubai was its most successful ever

With guests including former IIRSM Chairman Keith Scott as well as many new faces and a full Branch committee the theme was working at height with a particular focus on scaffolding

Presented by Steven Gregory who has 25 yearsrsquo experience in the scaffolding and access industry the session covered legislative requirements of work at height and looked in detail at the application of the hierarchy of controls Delegates listened to case studies for both working at height and scaffolding including UAE incidents of significance and learned about scaffolding definitions terminology and basic common components

As Steve outlined in his presentation it is well known that falls from heights is globally one of the highest causes of deaths in the workplace Though reporting is not lsquoleading practicersquo within the UAE it was reported in 2013 by the Ministry of Health that 53 fatal accidents occurred that year alone while working at height With the high level

of construction work taking place in the Emirates itrsquos fundamental something is done to raise awareness

The group decided it will enter Memorandums of

Understanding with like-minded organisations such as IPAF and PASMA to encourage the cooperation and collaboration within the UAErsquos HSE community in relation to awareness capacity building training professional development through attendance at seminars workshops and conferences

continue to influence government organisations through its working partnerships to develop or enhance regulations throughout the Emirates

The UAE Branchrsquos next meeting takes place on 8 March once again in Dubai The event will feature two presentations on road safety which is the second biggest killer in the Emirates The first session will be facilitated by Thomas Edelmann Founder and Managing Director of RoadSafetyUAE who will look at innovative ways to prevent such tragedies

In support will be Sercorsquos Laura Kelly (Assurance Director ndash Middle East) who will continue the theme by sharing how public services provider Serco tackles the issue of road safety

To book your place please email uaebranchiirsmorg

East England21 February 2017 | SheringhamRegister branchesiirsmorg

London21 February 2017 | HammersmithTopic The health and safety recruitment marketSpeaker James IrwinRegister branchesiirsmorg

Northern Scotland23 February 2017 | AberdeenTopic How good risk management practice impacts on companies and their insuranceSpeaker Graham Hudson Register northscotbranchiirsmorg

Northern England27 February 2017 | NewcastleRegister branchesiirsmorg

Yorkshire28 February 2017 | York Topic Principal Designer legal update and sentencing guidelinesRegister yorkshirebranchiirsmorg

East Midlands8 March 2017 | Ashby de la Zouch Topic AsbestosRegister eastmidbranchiirsmorg

United Arab Emirates8 March 2017 | DubaiTopic Road safetySpeakers Thomas Edelmann (RoadSafetyUAE) and Laura Kelly (Serco)Register uaebranchiirsmorg

North West England16 March 2017 | WarringtonTopic Challenges in countering the terrorism threat Speaker David Wells Regional Prevent Coordinator North West Counter Terrorism UnitRegister branchesiirsmorg

UPCOMING BRANCH MEETINGS

Whenrsquos your next meeting

Safety Maverick

SMEs need more help

According to the Occupational Safety and Health Administration (OSHA) more than 99 of businesses in the EU are categorised as SMEs (defined as firms with less than 250 employees) and many will fall off the regulated radar So itrsquos not surprising that small firms seem to think that safety is not for them Health and safety legislation has sometimes been put in the lsquored tapersquo box and has been criticised by many for stifling enterprise So how do we encourage

entrepreneurs to look at wellbeing health safety and environmental issues alongside the capital risk they take in setting up the business in the first place Can we get banks private equity and venture capitalists to insist on risk management to include non-financial measures Can we give more help at the start-up phase so risk of all kinds is inculcated into the DNA of the venture

The world needs entrepreneurs ndash but we need healthy people as well

16 May 2017 DoubleTree by Hilton Milton Keynes

Leadership is a vital component of a safety health and environment process but it is all too easy for business leaders to concentrate on operational issues at the expense of engaging on safety matters It is also widely understood that good occupational safety and health is good for business So how can practitioners encourage business leaders to lay the foundations of a safety culture in their workplaces The SHE Show helps to answer this fundamental question

Encourage effective leadership in safety health and environmentStrong leadership in health and safety is based on management behaviours that clearly show that health and safety is a priority and that management is willing and able to get involved Effective communication right across an organisation is a key signal to staff that management supports a rigorous approach to safety Our speakers at The SHE Show South Gerard Hand and Dan Terry delve into how this can be achieved by encouraging the leader in all of us and developing meaningful two-way communications

Develop a culture of measurement awareness and accountabilityPoor workplace safety and health has a significant impact on people and businesses Safety professionals are passionate about making a difference but how well do current safety management practices fit the 21st Century business environment A focus on behaviours backed up with accurate and timely information can help develop a culture of safety awareness and accountability This can provide the basis for improved business performance and profitability Martin Ballard and Neil Sheehan present new ways to look at safety management

Champion prevention by looking at past events and current practicesThe risks in a business can be better understood when there are practitioners involved in safety management at all levels of an organisation and information regarding past events can help improve safety in the present Paul Mahoney speaks first-hand at The SHE Show South about a life changing accident at work and its physical psychological and social impact Bruce Sutherland looks

at the realities of leadership targets and bureaucracy in todayrsquos world and Mark Scoggins will underline the folly of ignoring near misses

The SHE Show brings together top safety health and environment influencers in a series of engaging talks and the best suppliers of products and services in the industry The SHE Show South Milton Keynes will give delegates the opportunity to see and hear the tools that help to build a lasting safety culture in the workplace

The SHE Show South takes place on Tuesday 16 May 2017 at the DoubleTree by Hilton MK Dons Stadium Milton Keynes IIRSM members receive a 10 discount on the delegate fee For further information on The SHE Show or to book a place at The SHE Show South call 01257 450060 or visit wwwthesheshowcom


International News International News

USA

Initiative to combat chemical hazards in nail salons

Nail bars are rapidly increasing in the small business sector but there has been little regulation of the chemicals used in the salons even though many have been linked to serious health problems In California one programme is trying to change that by asking nail salon owners to voluntarily improve safety

Nail salons are big business in the United States ndash raking in approximately $85 billion in revenue in 2015 Some of the chemicals used in salons are known to cause skin disorders and respiratory problems and possibly even cancer miscarriages and birth defects Formaldehyde and toluene are just two of the risky ingredients in the nail polishes solvents glues and hardeners in constant use in salons the Environmental Protection Agency (EPA) lists at least 20 such chemicals

Salons that participate in the Healthy Nail Salon Collaborative must make significant changes to their business including buying less toxic nail polishes thinners and removers All workers are required to wear specific types of gloves and masks when using certain products Owners are also required to purchase a portable mechanical ventilation unit

The EPA recently gave the programme a grant to help it offer micro-loans to salons wishing to upgrade

In September California passed legislation to help expand the programme across the state by training cities and counties on how to certify healthy nail salons in their regions

JAPAN

Government tells workers to take a breakThe Japanese Government is urging people to leave work early and go shopping in an attempt to reduce deaths from overwork and to boost the ailing economy

The voluntary policy ndash known as Premium Friday ndash calls on employers to let their workers out at 3pm on the last Friday of every month to start the weekend early

Around 200 people die every year from Karoshi or overwork and a period of economic downturn and job insecurity is only increasing work pressures in the country said Trade Minister Hiroshige Seko

BANGLADESH

Garment brands exploiting children

Major brands are implicated in the exploitation of child labour in factories in Bangladesh a report has concluded

Researchers found low wages and long working hours at firms supplying garments to multinationals including CampA Gap HampM Esprit and Marks and Spencer play a key role in the decision of parents to take their children out of school to allow them to work

The Branded Childhood report which notes that more than 35 million children are in work in Bangladesh is available at httpbitly2kJFWE7

AUSTRALIA

Study calls for rethink on working week

Researchers from Australian National University used data from 8000 working adults as part of the Household Income and Labour Dynamics in Australia Survey

They found the work limit for a healthy life should be set at 39 hours a week rather than the 48-hour week limit set internationally about 80 years ago

Working beyond 39 hours the researchers said also puts employees at risk of developing mental health problems

Almost a quarter of Australians worked longer than the recommended 39 hours

PAKISTAN

Five workers burn to death at Gadani shipbreaking yard

At least five workers died in a fire aboard an LPG container ship at the Gadani shipbreaking yard in Pakistan on 9 January in yet another deadly incident at the yard

The shiprsquos owner Dewan Rizwan a former Chairman of the Gadani Shipbreaking Owners Association fled from the shipyard when the fire broke out according to reports He was later detained by police in the nearby city of Hub

Despite scores of fatalities at Gadani in the last few months no measures have been taken to improve safety according to trade union IndustriALL An estimated 100 workers were dismantling the ship at plot no 60 when the blaze started and had to be rescued by lifeboat A fire erupted on the same ship just two weeks before this incident though that time there were no casualties

ldquoThere has been no respite from accidents injuries and deaths despite the claims of improvement in occupational health and safety measures at the Gadani ship breaking yardsrdquo said Nasir Mansoor from IndustriALL affiliate the National Trade Union Federation of Pakistan (NTUF) ldquoSafety is one of the most neglected areas in shipbreakingrdquo

Officials from the environment department said a chemical foam inside the ship was responsible for the fire

USA

Reports highlights importance of enforcement

A commitment to effective regulation and enforcement of workplace safety was behind the Obama administrationrsquos ldquoexemplaryrdquo record on workplace safety a new report has concluded

The policy brief from the National Employment Law Project (NELP) notes that ldquoadopting and enforcing sensible rules saves livesrdquo

NELPrsquos paper says any step back by the Occupational Safety and Health Administration (OSHA) from its commitment to enforcement will cost lives It says as well as witnessing a dramatic decline in fatalities under the Obama administration safety rules have had a demonstrable impact

ldquoOSHArsquos rule to prevent workers getting killed in trenching and excavation work has reduced workplace deaths by more than 40 its standard for handling blood borne pathogens has virtually eliminated occupationally acquired hepatitis B fatalities that killed 120 workers every year and its grain handling standard led to a 70 decrease in fatalitiesrdquo the briefing notes

Figures reveal that since the Occupational

Safety and Health Act and the Mine Safety and Health Act were enacted in the 1970s the rate of workers being killed on the job has declined by more than 75 and the number of fatalities has declined from about 14000 a year in 1970 to 4836 worker deaths in 2015 with a workforce twice as large

Worker Safety and Health in the Obama Years An Exemplary Record is available to read at httpbitly2lf7iPx

EUROPE

Commission launches new initiative to fight work cancer

The European Commission has pledged to better protect workers against work-related cancer in a new initiative

Set exposure limits or other measures for another seven cancer-causing chemicals will improve protection of some four million workers in Europe according to EU-OSHA It is estimated that about 160000 Europeans die from illnesses related to their work every year

The review of the EU-OSH legislation and the changes to the Carcinogens and Mutagens Directive fit within the Commissionrsquos ongoing work on establishing a European Pillar of Social Rights which aims to adapt EU legislation to changing work patterns and society The consultations and debates on the Pillar have confirmed the importance of occupational health and safety at work as a cornerstone of the EU acquis and put an emphasis on prevention and enforcement according to the body This also follows up on broad evaluation of the existing

ldquoacquisrdquo as part of the Regulatory Fitness and Performance Programme (REFIT) exercise which aims at making EU legislation simpler more relevant and effective The proposal and changes were developed in close consultation with stakeholders at all levels notably social partners according to reports

Other aims of the plan includehelping businesses in particular SMEs and micro-enterprises in their efforts to comply with the existing legislative framework and putting a bigger focus on results and less on paperwork after research revealed that one in three micro enterprises do not assess workplace risks

A guidance paper for employers with practical tips aimed at facilitating their risk assessment and at making it more effective was published to coincide with the launch and includes advice on how to deal with rapidly increasing OSH risks such as psychosocial ergonomic or ageing related-risks It is available to download at httpbitly2kw7A7r

Some four million more workers will benefit from the latest pledge

AUSTRALIA

Stuntman fatally shot during filming for music video

An actor has died after being shot while filming a music video in the Australian city of Brisbane

Johann Ofner 28 suffered a chest wound inside the Brooklyn Standard bar on 23 January Several firearms had been discharged during the filming according to police

The video was for Sydney-based hip hop group Bliss n Eso The gun was loaded with blanks not live ammunition a statement from the bandrsquos management said

The use of guns on Australian film sets required permits a licensed and qualified

armourer to supply the weapons and advance notice to police if weapons were to be fired It also requires a ldquosafety officer on set who will do a safety breakdownrdquo and a stunt coordinator for any live action involving the weapons

The band said a production company had employed the stunt group responsible for hiring both Ofner and a licensed armourer The armourer was on scene at the time and the filming had ldquoall of the appropriate permitsrdquo the statement said

Police are investigating the ldquounusual circumstancesrdquo

Johann Ofner died from chest wounds on the set of a music video in Brisbane

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oD

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ixR

EXS

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of UK full-time employees experience either burnout or anxiety in their job

have elevated levels of

emotional exhaustion

are at high risk of developing burnout


Mental healthMental health

Avoiding

Burnout isnrsquot a new phenomenon but it is becoming increasingly prevalent We look at some effective prevention strategies

developed work-related stress anxiety or depression in 2015-16 This corresponds to a total of 488000 workers per year

Interestingly according to the results of a new study published in Personality and Individual Differences cognitive symptoms of depression particularly ruminative thoughts and pessimistic explanations of life experiences are already present in the burnout stage rather than being a consequence of it This suggests say the authors that burnout could in fact be a depressive syndrome

Against this backdrop burnout and its health consequences can have a profound impact on the health system significantly increasing healthcare costs particularly in mental health The Kingrsquos Fund estimated that depression alone for instance will cost the UK pound125 billion by 2026 if no action is taken to reduce its occurrence

There is also and importantly the impact on organisations Burnout is a widely-recognised cause of high rates of sickness absence job dissatisfaction intention to leave and turnover The resulting financial burden due to loss of productivity and unplanned staff replacement expenses can be heavy For example the latest available estimates by Oxford Economics show that replacing one employee in a key sector such as accounting or legal costs on average pound30614 The overall annual cost for replacing staff in the UK adds up to 413 billion according to the consultancy

Serious but preventableThe good thing is that while serious occupational burnout can be prevented Public Health England (PHE) and Leeds Beckett University published a joint report highlighting the importance for UK organisations across industries and sectors to prevent burnout in the first place as a key intervention to create working environments that promote employee wellbeing and foster productivity

To do this successfully requires a three-step approach involving the reduction of work-related stressors stress-management training for staff and burnout risk monitoring In this regard interventions at the organisational level play a crucial role The PHE report found evidence to suggest that they may be more effective and produce longer-lasting benefits than interventions at the individual level alone

Well-known work-related stressors in all industries include time pressure excessive workload working overtime

Monitoring risk and symptomsIt is also important to have a system in place that allows managers to promptly identify employees with or at risk of burnout so that adequate help including confidential counselling and peer support can be provided as soon as possible before the situation escalates out of control

Advancements in technology promise to make this easier Recently Swiss researchers have been able to assess job burnout risk and symptoms in a sample of more than 11000 employees using a mobile app that detects changes in attitude and energy The lead investigator Professor Rolan von Kaumlnel of the University of Bern reports in the journal BioPsychoSocial Medicine that the technology has ldquothe potential to timely avert the dire consequences of burnoutrdquo

Next stepsBurnout is a widely recognised occupational hazard But the existing evidence suggests that it can be prevented through the reduction of workplace stressors staff training and risk monitoring It is important that as emphasised by PHE in its report organisations and employers take action and focus on burnout prevention By doing so they have the potential to make important contributions to employee wellbeing while improving productivity and reducing the pressure on our health system

With thanks to the British Safety Council for this article

role ambiguity conflicts and incivility According to PHE ldquoChanges to workload or working practices appear to reduce [these] stressors and factors that can lead to burnoutrdquo However organisations and employers also need to put effort into creating a culture of support and collaboration which is mainly achieved through effective communication teamwork and leadership Of course stress cannot be eliminated completely So organisations must also empower their employees to successfully manage work-related stressors through training and education For example research led by the University of East Anglia suggests that improving nursesrsquo self-efficacy (believing in our ability to perform tasks and achieve goals) has a protective effect against workplace incivility and consequent burnout

Other evidence-based stress-management strategies include exercising regularly practicing relaxation techniques such as mindfulness and maintaining a good work-life balance A US study of university employees indicated that providing training that promotes positive coping strategies like the above over negative ones such as drinking alcohol or overeating is also crucial

Richard Evens Commercial Director of the British Safety Council says ldquoEmployers across industries and sectors need to provide all staff with training and other opportunities to learn strategies for managing job stressors as well as the necessary resources to implement these strategies such as time and practical supportrdquo

Occupational burnout is a medical condition caused by long-term exposure to work-

related stressors Typical symptoms include emotional and physical exhaustion reduced sense of personal accomplishment depersonalisation and cynicism

It can affect workers in all professions but police officers teachers social workers general practitioners nurses and healthcare assistants are considered the most at risk largely due to the unique physical and emotional demands of their job

The current overall prevalence of occupational burnout in Britain in unknown Figures from a 2015 YouGov survey commissioned by Virgin suggest that 51 of UK full-time employees experience either burnout or anxiety in

their job A study of British social workers published in the same year by Community Care and Queenrsquos University in Belfast found that 73 of respondents had elevated levels of emotional exhaustion ndash one of the key dimensions of burnout And the latest available figures for GPs indicate that 50 are at high risk of developing the condition

As well as causing sleep problems headaches and memory impairment left untreated occupational burnout can lead to alcohol or substance abuse and increase the risk of type 2 diabetes heart disease stroke anxiety and depression The last two impact particularly heavily on the UK workforce

The Office for National Statisticsrsquo Labour Force Survey (LFS) shows that 1510 out of 100000 employees


Membersrsquo Pages Membersrsquo Pages

If you are looking for advice call the health and safety information helpline with your questions on +44 (0)1296 678 465 or email iirsmhelplinealcumusgroupcom for information on any health and safety related topic Here are just a few of your recent queries

QampAsVERTIGO

We have a member of staff who suffers with vertigo He tends to experience a couple of episodes a year though his latest one seems to have lasted a couple of months He is deskbound a lot of the time but he also trains other staff in a training room setting His symptoms are often dizziness and light headiness What can we do to alleviate his problems when at his desk or training

You may wish to involve an occupational health practitioner or get written consent from the employee to contact their GP regarding any limitations they may have placed on the individual and the type of work he can and canrsquot do The following links may be of assistance to you

NHS Choices advise that some cases of vertigo improve over time without treatment However some people have repeated episodes for many months or even years such as those with Meacuteniegraverersquos disease

There are specific treatments for some causes of vertigo A series of simple head movements (known as the Epley manoeuvre) is used to treat BPPV

Medicines such as prochlorperazine and some antihistamines can help in the early stages or most cases of vertigo

Many people with vertigo also benefit from vestibular rehabilitation training (VRT) which is a series of exercises for people with dizziness and balance problems

The Menierersquos Society has produced some guidance for employers wwwmenieresorgukinformation-and-supportday-to-dayinformation-for-employers and this document explains how to support an employee with vertigo httpsupportfitforworkorgappanswersdetaila_id767~supporting-an-employee-with-vertigo

PAT TEST TRAINING

Does a fully skilled and qualified electrician require further training to use a PAT testing unit

The person doing testing work needs to be competent to do it In many low-risk environments a sensible (competent)

member of staff can undertake visual inspections if they have enough knowledge and training However when undertaking combined inspection and testing a greater level of knowledge and experience is needed and the person will need

the right equipment to do the tests the ability to use this test equipment

properly the ability to properly understand the

test results

Therefore if the above can be met then he would not require further training See wwwhsegovukelectricityfaq-portable-appliance-testinghtm for more information

HEALTH SURVEILLANCE

A client has been advised to provide health surveillance to its landscape operators for hearing because of the levels of noise that they are regularly exposed to One of the operators is refusing to take the hearing test He is also refusing to sign a statement confirming that he is declining the test

Must the employee submit to the test Can the company enforce this test What other options if any does the company have

Yes the employee would need to submit to the hearing test The Health and Safety at Work Act is concerned with the general duties of employees at work and this states It shall be the duty of every employee while at work ndash (a) to take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions at work and (b) as regards any duty or requirement imposed on his employer or any other person by or under any of the relevant statutory provisions to cooperate with him so far as is necessary to enable that duty or requirement to be performed or complied with A copy of the Act can be viewed in full at wwwhsegovuklegislationhswahtm

Building on these general duties the more specific requirements of Regulation 9 of the Control of Noise at Work Regulations 2005 is concerned with health surveillance It states (1) If the

risk assessment indicates that there is a risk to the health of its employees who are or are liable to be exposed to noise the employer shall ensure that such employees are placed under suitable health surveillance which shall include testing of their hearing An employee to whom this regulation applies shall when required by his employer and at the cost of his employer present himself during his working hours for such health surveillance procedures as may be required for the purposes of paragraph (1)

The associated guidance also states Regulation 9(5) requires your employees to cooperate with your health surveillance programme by attending their health surveillance appointments However you must arrange for this as part of their paid employment and cover any costs L108 Controlling Noise at Work is available at wwwhsegovukpubnsbooksl108htm

Therefore if an employer has identified through the findings of their risk assessment that health surveillance is required for certain employees and one of these employees refuses to undergo health surveillance provided in accordance with the above guidance then they would be in breach of health and safety law and could face disciplinary action from their employer as a result

FIREFIGHTING EQUIPMENT

I would like to know what the criteria is for determining the number of fire extinguishers in a single storey building The premises in question is 265m x 185m and there will be various chemicals on site

The Fire Safety Risk Assessment Guide for Factories and Warehouses states that fire extinguishers provided should be appropriate to the specific risks found in your premises in accordance with Table 1 at wwwgovukgovernmentuploadssystemuploadsattachment_datafile14882fsra-factories-warehousespdf This table shows the different classes of fire according to what is

burning Typically for a Class A fire risk

the provision of one water-based extinguisher for approximately every 200msup2 of floor space with a minimum of two extinguishers per floor will normally be adequate

Where it is determined that there are also other classes of fire risk the appropriate type number and size of extinguisher should be provided Further information is available in BS 5306-8 Where the fire risk is not confined to a particular location for example Class A fires the fire extinguishers should be positioned on escape routes close to the exit from the room or floor or the final exit from the building Similarly where the particular fire risk is specifically located (for example flammable liquids) the appropriate fire extinguisher should be located near to the hazard They should be placed on a dedicated stand or hung on a wall at a convenient height so that employees can easily lift them off (at about 1m for larger extinguishers and 15m for smaller ones to the level of the handle) Ideally no one should have to travel more than 30m to reach a fire extinguisher If there is a risk of malicious use you may need to use alternative and more secure locations BS 5306-82012 Fire extinguishing installations and equipment on premises is available at httpshopbsigroupcomenProductDetailpid=000000000030152566

There are many other guides relating to various premises including offices and shops factories and warehouses sleeping accommodation residential care premises educational premises small and medium places of assembly (holding 300 people or less) large places of assembly (holding more than 300 people) healthcare premises animal premises and stables transport premises and facilities available at wwwgovukworkplace-fire-safety-your-responsibilitiesfire-risk-assessments

COLOUR CODE SYSTEM FOR HARD HATS

I heard recently that new legislation to standardise the safety helmet colours on construction sites came into force in January I canrsquot find any guidance or information regarding changing legislation or even which legislation is supposedly changing Can you enlighten me please

There is nothing specific under health and safety legislation regarding the colour of safety helmets Regulation 4 of the Personal Protective Equipment at

Work Regulations simply requires safety helmets to be suitable

Highways England said that from 1 January 2017 all of its construction and maintenance sites that adopt a helmet colour code for specific roles should use a colour system

The decision as to whether this or any other colour scheme will be followed on a particular site will be a decision made by the organisation in control of that site therefore we would suggest that if any of your employees would be working on sites under the control of other organisations you should check to see if they have adopted any colour codes for safety helmets to avoid confusion

RED DIESEL

Can an independent boarding school use red diesel in a tractor

No It is illegal to use rebated heavy oils (gas oil usually marked and dyed to become red dieselkerosene) as fuel in a road vehicle unless you get a licence to pay the difference between the full rate of duty on the fuel and the rebated rate actually paid on the fuel used

Only vehicles which are specifically excluded from the legal definition of lsquoroad vehiclersquo may use red diesel as road fuel These are known as lsquoexcepted vehiclesrsquo Unless the vehicle is included in that section it counts as a lsquoroad vehiclersquo and must use fully duty paid fuel

More information si available at wwwgovukgovernmentpublicationsexcise-notice-75-fuel-for-road-vehiclesexcise-notice-75-fuel-for-road-vehicles

As to whether a tractor not used on the public highway by a school would be allowed to use red diesel we would suggest contacting HMRC directly

REPORTING A RACKING COLLAPSE

A centre leg of racking in our warehouse collapsed recently No pallets came off the racking so is this reportable under RIDDOR The racking weighed less than five tonnes

Assuming no one was injured by the collapse of the racking the only way the incident would be reportable under RIDDOR would be if the incident meets the criteria of any of the dangerous occurrences listed in Schedule 2 of RIDDOR

Paragraph 23 relates to structural collapse and the legislation states The unintentional collapse or partial collapse of ndash (a) any structure which involves a fall of more than five tonnes of material or (b) any floor or wall of any place of work arising from or in connection with ongoing construction work (including demolition refurbishment and maintenance) whether above or below ground

Only structural collapses associated with ongoing construction maintenance and demolition work are required to be reported under paragraph 23 Paragraph 24 requires you to report unintentional collapses of falsework applies whether construction work is taking place or not Falsework means any temporary structure used to support a permanent structure during its erection and until that structure becomes self-supporting This information can be found at wwwhsegovukriddordangerous-occurenceshtm

Therefore we believe the incident would not be reportable under RIDDOR as the collapse did not involve the fall of more than five tonnes of material and it does not appear that there was any on-going construction work taking place at the time

Join the conversationThe opinion corner is designed to gauge exactly what our members are thinking on current issues in the industry If you have a question you would like us to ask members please email kelliemundelllexisnexiscouk

This month wersquore asking

Have you implemented a colour code system for hard hats on your site Did it work well

Tell us your experience visit wwwlinkedincom and search Groups for IIRSM and request to join

0317 | wwwiirsmorg16

Working in partnership with our members

In order to achieve our vision for IIRSM members to lead the way in managing risk to benefit people society and business the Institute has embarked on a strategy for growth which we believe will raise the profile of our members and enhance their influence and career opportunities

Our new strategy is based on the belief that there is a requirement for a membership organisation that covers the full spectrum of risk management The Institutersquos new direction has been formed in consultation with industry and individuals We are confident that the majority of IIRSM members buy into the need for a new strategy and believe the chosen path to be a positive step forward for the Institute

In a rapidly changing global environment risk management is emerging as one of the most important functions in a business While many risk practitioners initially developed a firm foundation for their career in health and safety the role encompasses so much more The industry must evolve to reflect this new reality

Our strategy will ensure that the Institute will be a place for professional development not only for those working in health and safety but those that manage other business risks such as HR security reputation legal environment and IT Having a professional body whose sole focus is risk makes it easier for professions to engage in a more equal and meaningful way

IIRSM has a passionate and committed membership and many of you already act as Ambassadors either unofficially or as part

of a Branch Committee However we are keen to give those that wish to become more involved the opportunity to do so and for this to be done in cooperation with the IIRSM team We canrsquot achieve our goals without the support of our members and stakeholders and so we are seeking Ambassadors to assist with building awareness and growing our networks and influence Our Ambassador Network will support the work of the management team Council and Committees in helping IIRSM roll out its strategy over the next five years and beyond

IIRSM Ambassadors will fulfil a range of activities to support the work of the Institute and you will be regularly informed about developments and successes to enable you to actively promote our objectives and key messages

Could you be an IIRSM Ambassador Ambassadors are usually well connected and have the ability to establish trust and build awareness and support by leveraging their networks to benefit the organisation they represent

Requirements of the role may include but are not restricted to the following

championing IIRSM in their sector company industry or groups

using their own networks to raise the profile of IIRSM and its members

providing expertise to support IIRSM outputs and thought leadership

providing input to media comment and social media networks

speaking on behalf of IIRSM at events

providing intelligence to keep IIRSMrsquos staff and membership aware of industry trends and hot topics

representing and supporting executive team attendance at stakeholder meetings

championing or taking a lead role in specific projects or initiatives

influencing others to buy into IIRSMrsquos vision and campaigns

Essential criteria a genuine desire and drive to represent

IIRSM and its membersrsquo interests integrity and impartiality knowledge of the impact of risk

management on business society and government

a broad knowledge of your sector the willingness to work with the

executive team to ensure that messaging and activity supports IIRSMrsquos strategy

you must be a member of the Institute

IIRSM Ambassador roles

You can read more about our strategy in the January 2017 issue of Insight or download it from our website wwwiirsmorgour-strategy-and-business-plan-2021

To express your interest in becoming an IIRSM Ambassador please visit wwwsurveymonkeycoukrIIRSMAmbassador and a member of the team will be in touch

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opo

ppho

to25

26


News Prosecutions

CHIEF EXECUTIVE Phillip PearsonDIRECTOR OF MEMBERSHIP AND COMMUNICATIONSClare FlemingMANAGING EDITOR Louis Wustemann

EDITOR Kellie Mundellkelliemundelllexisnexiscouk DESIGNER Carrie Love

ADDRESSIIRSM 77 Fulham Palace Road London W6 8JA UK Tel +44 (0)20 8741 9100 Fax +44 (0)20 8741 1349Website wwwiirsmorgEmail infoiirsmorg

Registered in England and WalesCharity No 1107666Company No 5310696

PUBLISHED BY LexisNexis copy Reed Elsevier (UK) Limited 2017Printed by Headley Brothers Ltd Kent

This publication is intended to be a general guide and cannot be a substitute for professional advice Neither the authors nor the publisher accept any responsibility for loss occasioned to any person acting or refraining from acting as a result of material contained in this publication

Reproduction copying or extracting by any means of the whole or part of this publication must not be undertaken without the written permission of the publishers

ISSN 1746-1359

News Prosecutions

RISK ASSESSMENT

Retailer fined pound22m after worker was crushed by 35-stone cage

Store failed to tailor generic national risk assessments to local requirements

National chain Wilko has been ordered to pay pound22 million for safety breaches after a student working part-time at one its stores was left paralysed when a metal cage full of paint tins fell on top of her

The retail giant was prosecuted by Leicester City Council after the heavily laden metal cage used to move stock around the store toppled over a ledge that was created when the lift stopped at a slightly lower level than the floor

The cage fell over as Corisande Collins (right) manoeuvred it out of the doors crushing her beneath hundreds of litres of paint tins She sustained severe spinal injuries in the 2013 incident and now has to use a wheelchair

ldquoThe practical realities were essentially that heavily and unevenly laden cages were being manoeuvred around sometimes unnecessarily with items not even required on the shop floorrdquo said Judge Ebraham Mooncey at Leicester Crown Court ldquoThe risks were clearrdquo

He highlighted nine failings of Wilko adding that the cage in this incident was top-heavy with 875 litres of paint stored on the top level 87 litres on the middle level and 55 litres on the lower level making it more likely to topple over

Wilko pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act Section 2(2) of the Health and Safety at Work Act Regulation 4(1) of the Manual Handling Operations Regulations and Regulation 3(1) of the Management of Health and Safety at Work Regulations

As well as the multi-million pound fine the firm was ordered to pay an additional pound70835 in legal costs The retailer which is based in Worksop Nottinghamshire has nearly 400 stores across the UK and a turnover of pound14 billion

In a statement Collins who is now 23 said ldquoI never imagined something like this happening to me Wilko is taking full responsibility for what happened but this will never make up for the fact I have lost the use of my legs and will spend the rest of my life in a wheelchairrdquo

ldquoWe are pleased with the prosecution brought by Leicester City Council ndash it is now up to employers to learn the lessonsrdquo

SENTENCING

Safety fines treble in 12 months

First year of revised guideline resulted in 19 fines of pound1 million or more

The first year of operation of the new sentencing guideline which took effect on 1 February 2016 has seen penalties for health and safety offences treble

The largest fine in 2016 was pound5 million handed to Merlin Entertainments after five people were seriously hurt in a rollercoaster crash at its Alton Towers theme park This was two and a half times the size of the largest fine in 2015 and almost ten times larger than the biggest fine in 2014

Thirty-four of the 46 people prosecuted for health and safety breaches were found guilty and this resulted in 12 prison sentences ndash the longest of which was two years

The largest 20 fines imposed for health and safety offences last year cost the businesses involved a total of pound386 million and not every case involved a fatality In comparison the largest 20 fines in 2015 and 2014 cost pound135 million and pound43 million respectively

ldquoThe increase in fines being issued by the courts demonstrates a desire to drive the message home the ensuring health and safety within a working environment is fundamentalrdquo commented Mary Lawrence Partner at law firm Osborne Clarke ldquoSo while fines regularly exceeded the pound1 million mark last year we can expect to see even larger fines going forwardrdquo

Corisande Collins will spend the rest of her life in a wheelchair

TRANSPORT

Rail worker hit by 90mph train The owner of the UKrsquos railway network has been fined pound800000 after a maintenance worker was struck by a train travelling at up to 90mph

Network Rail was charged with two counts under the Health and Safety at Work Act for failing to ensure the health safety and welfare at work of employees and non-employees

On 22 June 2014 an inspection revealed tracks needed urgent work done due to ldquometal fatiguerdquo which is known to cause train derailment

Two days later Rail Manager Allen Evans was carrying out the repairs to the track near Redhill in Surrey At the side of the track where Evans was walking was a steep embankment where the ability to retreat to safety when a train approached was ldquomaterially compromisedrdquo the court heard

An eye witness heard a ldquobangrdquo and saw Evans fall down the embankment holding his arm He was taken to St Georgersquos Hospital in Tooting by air ambulance His injuries were described as life-changing

Evans who had worked for the rail giant for more than 30 years has limited mobility and needed psychiatric help It

is possible his right arm will have to be amputated in the future

Workers said they felt uncomfortable being so close to the trains and had to sit or squat on the side of the embankment Guildford Crown Court heard

ldquoThis was a serious risk considering the speed and frequency of the trainsrdquo said Graham Watson for the prosecution

The court was told that the works could have been carried out at night coinciding with other scheduled works that would have ensured that no trains were running

Watson added ldquoIn substance there was a culture in Network Rail in relation to poor planning in this area which gave rise to serious risks which eventuated in very significant and life-changing injuries to Evansrdquo

HUMAN TRAFFICKING

Sports Direct modern slavery brothers jailed

Erwin and Krystian Markowski were each sentenced to 85 years in prison

Two brothers who trafficked 18 people from Poland to the UK and conned and threatened them have been jailed

Erwin and Krystian Markowski both from Nottingham recruited the vulnerable men to work at the Sports Direct warehouse in Shirebrook Derbyshire

The pair controlled their victimsrsquo bank accounts and kept most of their wages totalling pound35000 between 2015 and 2016 Nottingham Crown Court heard

They have both been sentenced to six years in prison for modern slavery

Erwin 38 and Krystian 35 of Harcourt Road pleaded guilty to conspiracy to arrange travel with a view to exploitation and fraud by false representation

They were given a two-and-a-half year concurrent sentence for fraud

The Markowskis paid for the Polish men to travel to the UK but when they arrived their passports were taken and they were ldquototally isolatedrdquo

The case came to light when one of the victims reported his ordeal to police in January 2016

During sentencing Judge Stephen Coupland said it was a ldquoplanned and systematicrdquo scheme of ldquohuman traffickingrdquo

He said ldquoYou employed a spotter in Poland to identify people who were vulnerable Your intention by selecting vulnerable people was to make it easier to control them over here

In a statement Sports Direct said it welcomed the conviction and ldquowill not tolerate these kinds of behaviourrdquo

InBriefWhite paper sets out Brexit plansThe governmentrsquos long-awaited white paper outlining its Brexit plans highlights 12 areas which the government is prioritising including protecting workersrsquo rights ensuring free trade with European markets and securing new trade agreements with other countries

It also mentions leaving the EUrsquos safety-related agencies an issue that has been raising questions in the sector

It says ldquoAs part of exit negotiations the government will discuss with the EU and member states our future status and arrangements with regard to these agenciesrdquo

Read more about what the white paper outlines at wwwhealthandsafetyatworkcombrexitwhite-paper-seeks-safety-continuity-workers-rights-protection

Left Image from the train immediately before the accident showing Allen Evans walking along the track Below ground profile of accident location

The largest 20 health and safety fines in 2016 cost firms

pound38m

copy S

WN

Sco

m

The company pleaded guilty to the two charges and ldquoin no way held Evans responsiblerdquo the court heard

ldquoIt has been accepted that the companyrsquos plan and decision to do this work in a Red Zone was an error ndash but for the right reasonsrdquo said Oliver Campbell for the defence

ORR Principal Inspector Tom Wake said ldquoIn 2014 Network Railrsquos planning of track maintenance work near Redhill fell below legal standards placing workers in unnecessary danger and causing an employee to suffer life changing injuries

ldquoAfter the incident Network Rail undertook a review of worker safety on the London to Brighton line reducing track maintenance with trains running introducing better warning systems and providing additional training for staff



TRAINING











FIRE SAFETY















TRANSPORT













STRESS



















12

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olm

Len

agha

nPa

cem

aker








































EVENT


BRANCH UPDATE

























Safety Maverick

SMEs need more help














USA







JAPAN




BANGLADESH





AUSTRALIA






PAKISTAN







USA









EUROPE









AUSTRALIA










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QampAsVERTIGO








PAT TEST TRAINING






test results


HEALTH SURVEILLANCE





















RED DIESEL













































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TRAINING











FIRE SAFETY















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EVENT


BRANCH UPDATE

























Safety Maverick

SMEs need more help














USA







JAPAN




BANGLADESH





AUSTRALIA






PAKISTAN







USA









EUROPE









AUSTRALIA










copy is

tock

phot

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QampAsVERTIGO








PAT TEST TRAINING






test results


HEALTH SURVEILLANCE





















RED DIESEL













































copy is

tock

phot

opo

ppho

to25

26








































EVENT


BRANCH UPDATE

























Safety Maverick

SMEs need more help














USA







JAPAN




BANGLADESH





AUSTRALIA






PAKISTAN







USA









EUROPE









AUSTRALIA










copy is

tock

phot

oD

rago

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copy M

arc

Robe

rtso

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ewsp

ixR

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Avoiding


























QampAsVERTIGO








PAT TEST TRAINING






test results


HEALTH SURVEILLANCE





















RED DIESEL













































copy is

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phot

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USA







JAPAN




BANGLADESH





AUSTRALIA






PAKISTAN







USA









EUROPE









AUSTRALIA










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phot

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nIm

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copy M

arc

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PAT TEST TRAINING






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HEALTH SURVEILLANCE





















RED DIESEL













































copy is

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phot

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to25

26







Avoiding


























QampAsVERTIGO








PAT TEST TRAINING






test results


HEALTH SURVEILLANCE





















RED DIESEL













































copy is

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ppho

to25

26




QampAsVERTIGO








PAT TEST TRAINING






test results


HEALTH SURVEILLANCE





















RED DIESEL













































copy is

tock

phot

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ppho

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26






























copy is

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let’s break the chain - iirsm...evans fall down the embankment holding his arm. he was taken to st...

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