21 June 2006 - HSE Consultation Events on Workplace Transport Safety Route Map Tool

21 June 2006 - HSE Consultation Events on Workplace Transport Safety Route Map Tool

The Health and Safety Executive (HSE) has devised a cross-cutting guidance tool to help manage the risk involved in the use of workplace transport and has been called the route map.

The route map will provide an easy to understand and readily accessible framework of current legislation, guidance and agreed good practice. It will set out alternative ways to comply, which should be particularly useful for small and medium enterprises which have many demands on limited time and resources.

The route map will aim to provide a clear path for all employers to follow best practice and meet their legal responsibilities, including setting out alternative ways to comply where these exist. It will focus specifically on site layout and design, vehicle selection and maintenance, personnel matters and management responsibilities.

The Health and Safety Executive (HSE) is holding a series of events to debate the content of a proposed new route map.

Terry Rose, Head of HSE's Field Operations Directorate in Wales and the South West and keynote speaker at the Cardiff event commented:

"These events are aimed at employers and workers who might be affected by risks from vehicles in the workplace. They will provide a real opportunity to influence the way these proposals are taken forward. Every year people are killed and seriously injured in incidents involving vehicles at work. HSE aims to reduce this by ten per cent over three

years by introducing clearer methods of identifying problems and providing guidance on how to put them right."

The events will be held in early July at Cardiff, Birmingham and Edinburgh, details of which are as follows:

4 July 2006:
Angel Hotel
Castle Street
Cardiff
South Glamorgan
CF10 1SZ

6 July 2006:
Holiday Inn Birmingham
Smallbrook
Queensway
Birmingham
West Midlands
B5 4EW

11 July 2006:
Thistle Edinburgh
107 Leith Street
Edinburgh
Lothian
EH1 3SW

All events start at 10am. To book a place, contact the Workplace Transport Team on 020 7717 6059/6840/6366 or email: workplace.transport@hse.gsi.gov.uk

Further information on the consultation can be found in our Legislation News pages by clicking the following link: Managing Workplace Transport Risk - A Route Map

21 June 2006 - House of Lords Ruling Reversed on Compensation Bill

21 June 2006 - House of Lords Ruling Reversed on Compensation Bill

The Trades Union Congress (TUC) has welcomed the news that the Government is to amend the Compensation Bill to reverse last month's House of Lords ruling that significantly reduced the compensation payments made to mesothelioma sufferers and their families.

The House of Lords ruled that the compensation paid to two widows should be substantially reduced due to the fact that some of the employers their husbands had worked for had since gone out of business.

Brendan Barber, TUC General Secretary commented:

"The Government is to be congratulated for acting to change the law so speedily in the wake of the Barker judgement. Had this decision been allowed to stand, the victims of this terrible disease and their families would have had to wait an intolerable amount of time for compensation, and would have only been eligible for a fraction of the compensation they should have received.

"Now the way stands open for employees who have become terminally ill and for the families whose loved ones have had their lives cut short because of exposure to asbestos to get the full compensation to which they are rightly entitled.

"We look forward to seeing the detail of the proposed amendment, and we will be pushing ministers to make the changes retrospective so that neither the people involved in the Barker case, Sylvia Barker and Mary Murray, nor any of the other families adversely affected in the interim, lose out."

21 June 2006 - House of Lords Ruling Reversed on Compensation Bill

21 June 2006 - House of Lords Ruling Reversed on Compensation Bill

The Trades Union Congress (TUC) has welcomed the news that the Government is to amend the Compensation Bill to reverse last month's House of Lords ruling that significantly reduced the compensation payments made to mesothelioma sufferers and their families.

The House of Lords ruled that the compensation paid to two widows should be substantially reduced due to the fact that some of the employers their husbands had worked for had since gone out of business.

Brendan Barber, TUC General Secretary commented:

"The Government is to be congratulated for acting to change the law so speedily in the wake of the Barker judgement. Had this decision been allowed to stand, the victims of this terrible disease and their families would have had to wait an intolerable amount of time for compensation, and would have only been eligible for a fraction of the compensation they should have received.

"Now the way stands open for employees who have become terminally ill and for the families whose loved ones have had their lives cut short because of exposure to asbestos to get the full compensation to which they are rightly entitled.

"We look forward to seeing the detail of the proposed amendment, and we will be pushing ministers to make the changes retrospective so that neither the people involved in the Barker case, Sylvia Barker and Mary Murray, nor any of the other families adversely affected in the interim, lose out."

21 June 2006 - Chair of HSC to Address Height Aware Event at Old Trafford

21 June 2006 - Chair of HSC to Address Height Aware Event at Old Trafford

Chair of the Health and Safety Commission (HSC) Bill Callaghan, will give the keynote opening address for both the morning and afternoon sessions of HSE's Height Aware campaign at Manchester United's Old Trafford stadium tomorrow, Thursday 22 June.

The Old Trafford event will see over 300 companies from throughout the North West in attendance, making this the region's biggest of the campaign. The companies will hear more about the often simple and practical measures they can take to prevent adding to the toll of over 5,300 North West people who have suffered injuries during the last four years, including 34 fatalities - an average of just over 25 per week.

John McGrellis, HSE's Lead Co-ordinator in the North West for the Height Aware campaign commented:

"The dangers involved in working at such low levels may seem less obvious to employees or small business owners - which is why raising awareness of them is all the more important.

"Falls are preventable when work is planned properly, the risks are accurately assessed, and the correct equipment is used. Accidents cost businesses money, but for a smaller operator, it can cost you much more than that - it could cost you your business. Worst of all for the individual - it could cost them their life.

"Even if you're not that high off the ground, a simple fall could see you ending up in plaster or worse. It is impossible to underestimate the importance of this issue, and it makes absolute sense to take your safety seriously."

20 June 2006 - Lichfield Safety Events 'For the Industry, by the Industry'

20 June 2006 - Lichfield Safety Events 'For the Industry, by the Industry'

As part of the Health and Safety Executive (HSE) Height Awareness Campaign, the HSE and Lichfield District Council are hosting safety events in Lichfield targeted at those working in the building and construction trades. The first was held on Monday 19 June with the second being held on Tuesday 27 June.

Walter Tipper Builders Merchants, Europa Way, Britannia Enterprise Park, Lichfield, Staffs, WS14 9TZ will be the venue and is aimed at raising awareness of key health and safety issues concerning those working at height in the building and construction trades. The event on 27 June will run from 7:30am-1:00pm with free refreshments including bacon sandwiches.

HSE statistics show that 59% of major injuries suffered by employees due to falling from height were as a result of falling from a height below head height. In 2004-5 in the Lichfield area there were 15 fall from height injuries overall.

HSE principal inspector Harvey Wild commented:

"Falls from heights below head height can cause serious harm. For workers, it could mean a fatal or major injury. Employers need to consider that falls are expensive and can seriously affect their business, with the loss of skilled labour and impact on their customers. It is important to remember that workers are still working at height, even if they are working below head height. Falls are preventable if people plan work properly, assess the risks, choose the right equipment and if competent people carry it out.

"These events are aimed at the self-employed and small firms in building and construction who tend to work for short periods of time on each site such as electricians, plumbers, painters and decorators. They are events for the industry, by the industry."

20 June 2006 - HSE's Child Safety Reminder

20 June 2006 - HSE's Child Safety Reminder

The Health and Safety Executive (HSE) is offering its support to Child Safety Week (19 -25 June) by reminding the construction industry and parents to be alert to the dangers faced by children playing on or near building sites during school summer holidays.

Stephen Williams, Chief Inspector of Construction commented:

"Long summer evenings are a time for fun and adventure, unfortunately, all too often it can also be a time of tragedy. Understandably some children are drawn to construction sites as exciting places to play, but they are not playgrounds and playing on them can have fatal consequences. Industry and parents need to work together to ensure children's safety."

Three children died and 235 were injured between 2001/02 and 2004/05 during construction works where simple precautions would have prevented the incidents ever happening.

The HSE has issued the following practical advice for parents and workers which will help keep children safe this summer:

• warn children against playing in dangerous areas, including building sites;
• make sure you know where your children are going, and when they will be back
• encourage them to play only in safe areas such as playgrounds
• workers should watch out for children playing around sites, if you see children, stop work and make sure they are off site before you begin again
• lay heavy objects on the ground or fix them firmly upright so they cannot fall onto children and injure them
• secure sites adequately when finishing work for the day
• never allow children to ride in construction plant machinery

Child Safety Week is organised by the Child Accident Prevention Trust, a national charity devoted to preventing accidental injuries to children.

Further information on Child Safety Week can be found by clicking the following link: Child Accident Prevention Trust: Child Safety Week

19 June 2006 - Local Authorities Briefed on Hidden Killers - Asbestos and Legionella

19 June 2006 - Local Authorities Briefed on Hidden Killers - Asbestos and Legionella

The Health and Safety Executive (HSE) recently held a workshop at the Digital World Centre Salford Quays in which over 100 senior representatives from 30 North West local authorities (including all ten from Greater Manchester), were given an outline of the HSE's requirements on two hidden killers - asbestos and legionella.

Richard Daniels, HSE's Head of Operations commented:

"Asbestos fibres and Legionella bacteria are two hidden killers - you can see neither of them.

"Today's event was designed to share best practice in managing the risks and real life case studies, so that local authorities in the region are fully aware of HSE's requirements of the organisational arrangements needed to do prevent risk from both.

"The aim of the workshop was help those who are responsible for managing the risks from legionella and asbestos to better control them.

"Having attended they should be able to assess if their current arrangements are either adequate or are lacking in some way so they need to take action to improve. The challenge is that whilst many authorities have controls in place, they often only exist superficially on paper. The lack of real ownership, poor communication especially with contractors and lack of competency all lead to mistakes that can, and do, give rise to harm.

"In particular we have stressed the importance of:

• robust and effective procedures for the selection of contractors
• monitoring so that what ought to be done is actually done and records are kept of the precautions;
• learning from experience, reviewing procedures, refining risk assessments; and
• ensuring any 'responsible person' appointed must have the necessary competence and be given the time to look after the management of the various control schemes that are in place."

19 June 2006 - Infection Control Guidance for Care Homes Published

19 June 2006 - Infection Control Guidance for Care Homes Published

The Department of Health has published new guidance to ensure that all reasonable steps are taken to protect residents and staff from acquiring infections in care homes. The best practice guidance provides information and guidance on requirements and recommendations to proprietors and people in charge of homes, and to the Commission for Social Care Inspection (CSCI) on the prevention and control of infection.

The document replaces the guidelines on the control of infection in residential and nursing homes, 1996.

The document can be downloaded by clicking the following link: Infection Control Guidance for Care Homes

15 June 2006 - HSE - Waste and Recycling Vehicles in Street Collection

15 June 2006 - HSE - Waste and Recycling Vehicles in Street Collection

The Health and Safety Executive (HSE) through consultation between the Waste Industry Safety and Health Forum (WISH), and also based on a guidance note produced by the Northamptonshire Local Authority Safety Advisors Group, has recently published a 'best practice' document - Waste and Recycling Vehicles in Street Collection. The document deals with risk assessment, management, reversing and the deployment of agency workers.

The document is written for employers, managers, supervisors and workers to help them remove or reduce the risk of injury caused by waste/recycling collection vehicles operating in the street.

It is deliberately restricted to:

• vehicle issues (but comments on other issues);
• and activities in public access areas (eg street collection, car parks).

The document can be found on the HSE website by clicking the following link:

Waste and recycling vehicles in street collection

15 June 2006 - WWT Construction Safety Awareness in Newmarket

15 June 2006 - WWT Construction Safety Awareness in Newmarket

As part of the Working Well Together (WWT) programme and the Health and Safety Executive's Height Aware campaign, a half-day Safety and Health Awareness Day (SHAD) will take place on Wednesday, 12 July 2006, from 8.40am to 1.15pm at Newmarket Racecourse in Suffolk.

The event is intended for small construction firms, people or organisations involved in maintenance, facilities managers and contractors carrying out or commissioning repair work based in Cambridgeshire, Suffolk and Essex.

HSE principal inspector

"Falls from height are a major cause of injuries at work. In many cases, work at height is a "one off" or incidental to the main job to be done. This means people often don't recognise the risks and so don't take the precautions they need to work safely.

Work at height includes any work that involves people being in a position from which they could fall and injure themselves. If you do this work yourself you have a duty to safeguard yourself and people working under your control. If you employ contractors you still have a duty to ensure that they are competent and have a safe system of work."

12 June 2006 - HSE Height Awareness Events in Scotland during June

12 June 2006 - HSE Height Awareness Events in Scotland during June

The Health and Safety Executive (HSE) are holding two height awareness campaigns in Scotland during June.

The first will be held on 14 June 2006 at Airdrie Football Ground from 9am to 1pm. The event will include a combination of short presentations about safe working at height and practical demonstrations of specialised access equipment for use as a safe alternative to ladders and stepladders. HSE inspectors will be available to give advice.

The event is primarily aimed at clients/principal contractors who are undertaking building maintenance/refurbishment work; although, anyone involved in managing work at height risks may benefit from attending.

If you would like more information on this free event at Airdrie Football Ground please contact Alison Farquharson on 0141 2753028 or alison.farquharson@hse.gsi.gov.uk

The second event to be held on 20 June 2006 in Hampden Stadium, Glasgow from 2pm to 5pm. This event is aimed at all non-construction workers to help them identify when they are working at height and where they may be at risk from falling.

If you would like more information on the event at Hampden Stadium, please contact Colin Mackintosh on 0141 275 3025.

12 June 2006 - New Code of Practice on Disability Discrimination Laid Before Parliament

12 June 2006 - New Code of Practice on Disability Discrimination Laid Before Parliament

The Disability Rights Commission (DRC) has recently laid a new Code of Practice before Parliament for consideration which will provide guidance on the application of the Disability Discrimination Act (DDA).

The existing Code of Practice on Rights of Access for providers of goods, services and facilities, published in May 2002, has been revised by the Disability Rights Commission (DRC) to include the new duties on public authorities, landlords and private members clubs. It explains how to avoid unlawful acts of disability discrimination and provides practical guidance to landlords and tenants on the making of disability-related alterations to rented housing.

Anne McGuire, Minister for Disabled People commented:

“The Government believes that clear and accessible advice and guidance for those with rights and responsibilities under the DDA is important. The new Code gives practical guidance on the application of the Act, in relation to provisions of the Disability Discrimination Act 2005 that come into force on 4 December 2006.”

There are around 10 million people in Britain covered by the DDA, and the DDA defines disability as a physical or mental impairment which has a substantial and long-term adverse effect on the ability to carry out normal day-to-day activities.

There are currently 6.9 million disabled people of working age (16-59/64) in Great Britain accounting for nearly a fifth of the working age population, whilst 50% of disabled people of working age are in work, compared to 81% of non-disabled people (the employment rate of all employees is 75%). The income of disabled people is, on average, less than half that of non-disabled people.

Subject to Parliament’s approval of the draft Code - Rights of Access: services to the public, public authority functions, private clubs and premises - the DRC proposes to issue and publish the revised code this summer, giving those with responsibilities under the DDA adequate time to consider it before the new duties come into force. The new code will come into force on 4 December 2006, replacing the existing code from that date.

The Disability Discrimination Act (DDA) 2005 extended the DDA 1995, fulfilling the Government’s commitment to extend rights for disabled people and from 4 December 2006:

• The functions of public authorities not already covered by the DDA 1995 as services are to be brought within its scope.
• The duty of reasonable adjustment will be extended to those who let or manage rented premises, and to commonhold premises; however, this does not include any duty on those who let or manage premises to adjust physical features of the dwelling itself.
• Landlords cannot unreasonably withhold consent to a request from a disabled tenant or occupier for a disability-related improvement to certain rented dwelling houses.
• The duty of reasonable adjustment will be extended to private members clubs with 25 or more members.

The DDA 2005 also enables:

• introduction of a duty on public authorities to promote equality of opportunity for disabled people;
• the transport exemption from Part 3 of the DDA 1995 to be lifted for different vehicles at different times and to differing extents;
• an "end date", of no later than 1 January 2020, to be set by which time all rail vehicles will have to meet accessibility regulations, those regulations to be applied to refurbishments and other measures on rail such as the introduction of compliance certification and decriminalisation of offences;
• reciprocity for disabled persons’ parking badges issued in other countries; and
  the duty of reasonable adjustment to be extended to local authorities and the Greater London Authority in respect of their disabled members.

Further information can be found on the DRC website here: The Disability Rights Commission - DRC

8 June 2006 - Be Sea Smart and Stay Safe This Summer

8 June 2006 - Be Sea Smart and Stay Safe This Summer

The Maritime and Coastguard Agency (MCA), as part of their Sea Smart Campaign, have issued a safety warning to parents and children when enjoying themselves at the beach or coastline, urging them to follow safety guidance.

"A day to remember", full of fun and laughter, rather than one of sorrow and grief, is what we all envisage when taking a family trip to the beach. However, all too often our judgement is clouded as we are caught up in the warm sunshine, devil-me-care atmosphere. Our laughter, in a moment, can soon turn to sorrow. The sorrow becomes even more prevalent when simple steps could have been taken to avoid disaster.

Last year saw an increase of almost 18% in seaside incidents and other figures, such as the following make for very sad reading:

• Last year's incidents resulted in a total number of people needing rescued or assistance of 2,514.
• Total lives lost increased from 364 to 376. Up by 19% over the last two years.
• Tragically, at least 20 children died in accidents on the coast during 2005, including drownings, either from having been swept out to sea from rocks or the beach by freak waves or caught in strong currents or being cut off by the tide.
• Other incidents ending in tragedy involved jumping off high rocks, cliffs and piers and being buried by collapsing sand when digging on the beach.

Coastguards, in order to reduce the above figures, are highlighting the following potential dangers:

• A massive 92% of parents are unaware that drowning is the third most common cause of accidental death amongst young people in the UK.
• Most of the children who are drowned can swim, but the silent, unexpected strong currents, tidal rips and large waves can turn a happy playful time into a tragedy.

Chief Coastguard, Peter Dymond said:

"Many incidents involving children happen on fun days out, often participating in apparently harmless activities that they have done many times before. However, the sea can be treacherous and powerful and can change within minutes.

"The main advice is to be vigilant and follow safety warnings.

"If you see someone in difficulty, dial 999 and ask for the Coastguard. Do not attempt to rescue them yourself. You would not only be putting the life of the person you are trying to rescue in danger but also your own."

Sea Smart intends that everyone should have a fun day when visiting costal areas and have provided the following simple tips, which parents and children can participate in to add fun to their day at the seaside:

• Look for warning signs - "I spy with my little eye" - Always a fun game.
• Look for flags on the beach - "who found what colour and what does it mean".
• Red flags spell "danger", just like traffic lights, we must stop. They tell us the water is unsafe.
• Red and Yellow on one flag together tells us where we can swim in safety.

Sea Smart also advise on how to swim in safety, using the following three recommended simple steps:

• Always swim close to the beach in line with the shore rather than out to sea.
• Check the beach when you arrive and beware of rocks and breakwaters.
• Avoid rip tides and strong under surface currents which can carry you out to sea - calmer waters between areas of surf usually means dangerous rip currents.

The MCA Sea Smart Campaign urges Parents to take note of their four-point Sea Smart Code as follows:

• Spot the dangers.
• Always go with a friend.
• Find and read the safety signs.
• Emergency? Stick your hand up and shout, tell a lifeguard or dial 999 for Coastguard.

The most precious things in our lives are our families. Imagine if we lost one of them whilst out on a fun day to the beach and by not taking a few simple safety steps, we caused a member of our family to die! Part of ourselves would also surely die with them, because we didn't take that all important moment to follow the Smart Code.

Please click on the following link, which will take you and your family to the MCA Sea Smart Website and have some fun the evening before setting off to the beach.

The Sea Smart Website is not only full of advice, but fun and games for the whole family and can be accessed by clicking the following:

MCA Sea Smart

Be Sea Smart and enjoy your summer days out.

HM Coastguard are also launching their 2006 "Don't Drink and Drown" safety campaign.

Chief Coastguard, Peter Dymond, commenting on the campaign said:

"We are trying to get the message across to anyone who wants to let their hair down during the summer that the warm evenings coupled with excessive drinking can lead to serious accidents or death.

"It can be very hard for the emergency services to have to tell a family that their son or daughter has been seriously injured or worse when we would rather they were enjoying a lovely holiday and going home safely.

"Our advice is to mix spirits and water only in a glass! Excessive alcohol impairs judgment and reaction times which can lead to tragic and often fatal accidents. Therefore we are pleased to be launching this important safety drive to raise awareness in order to lessen the potential for alcohol related accidents on the coast and at sea."

Please also take a moment to check out the advice and guidance on the Don't Drink and Drown Campaign, which can be accessed from the MCA Website by clicking the following:

MCA Don't Drink and Drown Webpage

Article by Alexandra Johnston

6 June 2006 - New Guidance on Fire Safety Reform for SMEs

6 June 2006 - New Guidance on Fire Safety Reform for SMEs

The Department for Communities and Local Government has published a new guide to help small and medium sized businesses comply with the Regulatory Reform (Fire Safety) Order 2005.

The publication can be downloaded free here: Regulatory Reform (Fire Safety) Order 2005 - A short guide to making your premises safe from fire

The publication can also be ordered in a variety of formats free of charge from DCLG Publications, PO Box 236, Wetherby LS23 7NB. Tel: 0870 1226 236, Fax: 0870 1226 237, Textphone: 0870 1207 405, Email: odpm@twoten.press.net.

5 May 2006 - HSfB Site News

Site News

• Two new downloads have been added to the Downloads page:
  • FIRE RISK ASSESSMENT by Claire Odd
  • Operations Managers Monthly Checklist by Claire Odd
• The Legislation News pages have been updated where you can read more on the following:
  • The Cosmetic Products (Safety) (Amendment) Regulations 2006
  • The Ceramic Articles in Contact with Food Regulations (Northern Ireland) 2006
  • The introduction of picture warnings on tobacco packs: A consultation
  • The Contaminated Land (England) Regulations 2006

5 June 2006 - Latest Research Reports Within HSE Website

5 June 2006 - Latest Research Reports Within HSE Website

The latest research reports within the Health and Safety Executive Website are as follows:

• RR450 - Case studies that identify and exemplify boards of directors who provide leadership and direction on occupational health and safety
• RR456 - Fork lift truck validation and trials

The above reports can be accessed by clicking the relevant link.

Article by Alexandra Johnston

4 June 2006 - New Safety Website for Quarrying Sector Soon to be Launched

4 June 2006 - New Safety Website for Quarrying Sector Soon to be Launched

A new website for the quarrying industry is to be launched this month (June 2006), with the aim of further reducing the number of accidents within it's industry, by sharing knowledge amongst stakeholders and providing guidance to both workers and management alike.

Leading the £224,000 project is the Quarry Products Association (QPA), supported by members and stakeholders such as the following:

• Part-funded from the Aggregates Levy Sustainability Fund via the Mineral Industry Sustainable Technology programme. Having succeeded in cutting accidents by half over a five year period.

• The British Aggregates Association.

• The Health & Safety Executive.

• The University of Leeds, and national training body EPIC.

• Substantial support has come from the Mineral Industry Research Organisation, which distributes funds from a government tax on aggregates through its Mineral Industry Sustainable Technology Programme.

There are three main elements within the project, consisting of a guide, a DVD and the new website. The guide and DVD are already available and the website will be launched this month.

Director of Health and Safety for the QPA, Mr. Martin Isles, said:

"This guide is for everyone - not just management. It contains a fund of ideas which are often very simple and can be applied to a range of common problems.

"Taking the time to thumb through a copy could spark an idea that improves efficiency and prevents a serious incident. Saving lives and achieving the target of zero incidents is, after all, the ultimate aim of this project."

The new website will play a major role in the project, by incorporating the following:

• Best practice ideas.

• Toolbox talks.

• An incident alert reporting system by automatic e-mail to registered users.

Commenting on the alert system, Hanson’s National Health & Safety Manager, Mr. Colin Nottage, said:

"The system will send an automatic e-mail to registered users when a new alert has been submitted, guiding them towards the website for further information.

"It will make a significant difference to the way that we communicate across the industry - and allow us to each learn from the experiences of others."

Further information can be obtained from Rachel Hedges or Andrew Tapscott, by telephoning 0845 644 3845 or by e-mail to rachel.hedges@daybreakcomm.co.uk

The new website, when launched, will be accessible by clicking the following:

www.safequarry.com

A Quarrying Guidance, in pdf format, is available from the HSE and can be accessed by clicking the following:

HSE Quarrying Guidance

Article by Alexandra Johnston

31 May 2006 - Air Test Certificate Forgery Leads to Prosecution

31 May 2006 - Air Test Certificate Forgery Leads to Prosecution

An elite Health and Safety Executive (HSE) licensed asbestos removal company, TW Insulation, based in Liverpool and their company Director, Christopher Jarnell, were prosecuted by the HSE at Liverpool Magistrates Court, on 29 May 2006, for procedural failings and fraud, following the discovery of an asbestos air test certificate forgery.

TW Insulation admitted breaching the Health and Safety at Work Act, by "failing to conduct its undertaking as asbestos removal contracts in such a way as to ensure so far as was reasonably practicable that persons not in its employment were not exposed to risk to their health by the company's failure to prepare an adequate asbestos survey report".

Christopher Jarnell also admitted breaching the HSWA by not taking "reasonable care for the health and safety of others who might be affected by his act or omissions at work in that he promulgated a forged air test certificate with the intention that people would rely on it."

The procedural failures and forgery took place five years ago, when landlords of Graeme House, Liverpool, commissioned TW Insulation to carry out the safe removal of asbestos on the lower floors of their premises, which were undergoing renovation at the time. The upper floors remained occupied whilst the work was carried out.

The asbestos removal was carried out by TW Insulation. However, they failed to complete the process by calling in an asbestos survey expert to check asbestos air particles, by completing an air test, in order that the air test certificate could be issued for compliance of the Regulations.

Company Director, Christopher Jarnell, produced a forged air test certificate, which suggested to the clients, that there were now no safety risks and by the time the forgery was discovered, it was too late to know if there had been airborne particles or not.

Commenting after the hearing, HSE Principal Inspector, Wayne Crumpton said:

"People are entitled to expect that licensed asbestos removal contractors should bring a great deal of expertise to the job.

"In this situation there was a significant failure to deal with this matter to the required standards.

"When the work had been completed there should have been a proper clearance procedure by a qualified person to check that all asbestos had been removed and the building was safe. This procedure was not carried out."

TW Insulation was fined £15,000, plus £10,000 court costs, whilst company Director Christopher Jarnell was ordered to pay a £3,000 fine plus £2,000 costs.

Judge Richard Clancy told Mr. Jarnell his conduct was "disgraceful" and that a hearing in a higher court would undoubtedly have resulted in a prison sentence.

Information on asbestos can be accessed from the updated HSE webpage by clicking the following:

Asbestos health and safety in the workplace

Further information on the History of Asbestos, an Article by John Johnston AIIRSM, HSfB Owner, can also be accessed from our own HSfB Website, by clicking the following:

History of Asbestos

Article by Alexandra Johnston

31 May 2006 - Latest HSE Research Reports

31 May 2006 - Latest HSE Research Reports

The Health and Safety Executive (HSE) have produced the following Research Reports within their webpages, each of which can be accessed by clicking the relevant link.

• RR463 - Client/contractor relationships in managing health and safety on projects

• HSL/2006/23 - Dry Contaminants Scoping Study

• HSL/2006/30 - Bullying at Work: A review of the Literature

• HSL/2006/33 - Review of HSE Building Ignition Criteria

• HSL/2006/35 - Testing of Pressure Ties

There is also an interactive Falls from Height Flash test available, which can be accessed by clicking the following:

HSE - Falls from height

Article by Alexandra Johnston

25 May 2006 - Take Part in GLA Public Consultation

25 May 2006 - Take Part in GLA Public Consultation

A Public Consultation has been launched by the Gangmasters Licensing Authority (GLA), asking views of anyone involved in the shellfish industry and other interested parties what standards need to be addressed to meet safer working conditions.

Gangmasters can apply for a "shellfish gathering" license from 1 October 2006, allowing a 6 month changover period, prior to implementation of the new scheme in April 2007, when holding a license becomes mandatory.

The new licensing scheme is aimed at preventing the exploitation of shellfish gatherers and preventing deaths such as in the Morecambe Bay Tragedy.

Chief Executive of the Gangmasters Licensing Authority, Mr. Mike Wilson, said:

"We want to hear from those affected to make sure workers understand the protection afforded to them by the law, if they are unsure of their rights or encounter problems they should contact the GLA.

"Through licensing, everyone in the food supply chain will ultimately be able to distinguish the legal operators from the illegal ones"

Mr. Paul Whitehouse, Chairman of the GLA also commented:

"We do not want history to repeat itself, by regulating this sector we hope to avoid future tragedies.

"The GLA has been set up to safeguard the welfare and interests of workers, it's in everybody's interests to ensure that those who gather shellfish are protected."

Many events, throughout the UK, have been organised by the GLA, providing an opportunity for Gangmasters and providers to hear more about the new licensing scheme.

The venue for the Consultation events is as follows:

• Lancaster - Thursday 8 June 2006

• Edinburgh - Wednesday 14 June 2006

• North Wales - Tuesday 27 June 2006

• Swansea - Wednesday 28 June 2006.

The closing date for the consultation is the 5 July 2006.

Further information and Consultation applications etc can be accessed from the GLA Website by clicking the following:

Gangmasters Licensing Authority Website

Article by Alexandra Johnston