1 October 2006 - New Gangmaster Law Now in Force

1 October 2006 - New Gangmaster Law Now in Force

From today, 1 October 2006, a new law comes into force requiring all gangmaster businesses in agriculture and food processing to be licensed. Gangmasters who continue to trade without a licence will be acting illegally and face potential penalties of up to 10 years imprisonment and an unlimited fine.

It will be an offence for gangmasters to operate without a licence from October 1st and that it will be an offence to use an unlicensed gangmaster from December 1st. The definition of a gangmaster includes traditional gangmasters and recruitment and employment agencies.

The Gangmasters Licensing Authority (GLA) who started accepting licence applications in April, have welcomed the applications from businesses who were set up to curb the exploitation of workers in the agriculture, horticulture, shellfish gathering and associated processing and packaging industries.

Mike Wilson Chief Executive of the GLA commented:

“It is simple to separate the legal operators who are licensed from the illegal operators who are not. There are no excuses for anybody in this industry to deal with the rogue operators.”

“The GLA will start enforcing the new law immediately. We will use all means available to find illegal operators and prosecute them.”

Gangmasters who applied for a licence before the GLA cut off date of 1 September will be allowed to trade without a licence until a decision has been made to grant a licence.

The GLA will be contacting anybody who has applied for a licence and are still awaiting a decision to let them know what action they should take after 1 October.

The new powers will be used to investigate, gather information, interview, arrest and prosecute those operating in the sector without a licence.

The Prime Minister commented at the TUC conference:

“The Gangmasters ' Licensing Act must not simply be in effect, but must be enforced and vigorously.”

Jeff Rooker, Minister for Food and Farming commented:

“The Government has given the GLA the resources and powers to ensure a level playing field for legitimate operators. Workers coming into our food processing and farming industries deserve assurance that they will be treated fairly.”

Jack Dromey, T&G Deputy General Secretary also commented:

"It was the daily experience of our members in food and agriculture that led the T&G to fight for the gangmasters licensing act. The abuses workers reported were not limited to shaving a few pounds here and there off wage packets - they were enduring systemic and organised exploitation where rogue labour providers had neither respect for their workers nor regard for the law.

"So we welcome the fact that from today these abuses will be regarded as criminal and those food and agricultural labour providers caught exploiting their workers, and labour users deliberately using unlicensed providers, will face severe punishment, including up to ten years in jail.

"Tough penalties and robust enforcement of the law are the only way to tackle the rogues who abuse workers and undermine good employers. We fully support the GLA in its drive to locate these menaces and deny them a livelihood built on the misery of others."

A list of licensed labour providers can be found on the GLA website by clicking the following link: Gangmasters Licensing Authority

27 September 2006 - ECA and HCVA Launch Health and Safety Competency Initiative

27 September 2006 - ECA and HCVA Launch Health and Safety Competency Initiative

Working together with the Health and Safety Executive (HSE), the Electrical Contractors' Association (ECA) and the Heating and Ventilating Contractors' Association (HVCA) have launched a health and safety competency initiative.

The aim of the initiative is to explain to contractors what should be covered when carrying out a competence assessment which meets with the "core criteria" of basic health and safety requirements based on the Management of Health and Safety at Work Regulations 1999.

When tendering for work, a "pre-qualification" basic health and safety credential assessment is often requested from major contractors and potential clients, in order to prove competency.

With this in mind, the HSE commissioned a study by J Z Carpenter Ltd, "Developing guidelines for the selection of designers and contractors under the Construction (Design and Management) Regulations 1994, Research Report 422", followed by a consultation with industry businesses, in order to develop a set of "core criteria" for the assessment of contractors.

HSE's Richard Boland said of the launch:

"I am pleased that we have been able to work with the ECA/HVCA to launch this initiative to their members and clients.

"I hope that it will prove useful in explaining what should be covered when carrying out a competence assessment.

"This is a good example of how HSE is working together with industry to deliver good health and safety practice."

Paul Reeve, Health Safety and Environment manager at the ECA said:

"We appreciate the HSE's support for this competency initiative based on the core criteria, which will help both clients and contractors in construction and importantly in other contracted activities.

"Both the ECA and the HVCA are working to ensure that our members have the know how to meet these standards and we urge clients to recognise compliance with the new criteria."

Adding his comments, Bob Towse, HVCA Head of Technical and Safety said:

"Along with all other interests within construction, the mechanical and electrical sectors have established stretching targets in terms of improving our health and safety record.

"Anything that can help ECA and HVCA in meeting - and ideally exceeding - these targets is therefore both welcome and valuable."

The research report by J Z Carpenter Ltd can be accessed, in pdf format, by clicking the following:

RR422 - Developing guidelines for the selection of designers and contractors under the Construction (Design and Management) Regulations 1994

Article by Alexandra Johnston

27 September 2006 - From On the Beat to Highway Code

27 September 2006 - From On the Beat to Highway Code

The residents of a small village in Cerney Wick, Gloucestershire have expressed their concerns over the removal of their Community Support Officer Lesley Pooley, from patrolling the village on foot. Police patrols will now be made within the safety of vehicles.

Police bosses confirmed to the local residents, that lanes in the area were considered to be dangerous due to their narrowness and high hedges, which would pose a problem with drivers being unable to see the officer on patrol.

Officer Pooley has been on foot patrol around the village for a period of three months and has built up good community relations amongst the residents.

Maurice McKee, clerk of the parish council said:

"Do criminals need footpaths to carry out crimes? If they don't, why do the police need a footpath to patrol?

"It was precisely because the area was so rural that it needed a bobby on the beat.

"This is a small, commuter village so there are a lot of vulnerable, empty properties during the day. This is the world gone mad.

"Lesley is a superb PCSO and she's being stopped from doing her job by red tape. It's not her fault that her superiors take this ludicrously fussy attitude to health and safety."

Gloucestershire Police have commented on the situation and said:

"There are legitimate safety concerns about the roads in Cerney Wick that are particularly narrow and haven't got any pavement or street lighting.

"For safety reasons those roads don't lend themselves to foot patrols so in future we'll be doing them in vehicles."

As employees, Gloucestershire Police bosses must consider the risks to officers involved in patrolling on foot, in order to comply with the employers "duty of care" as stated in the Health and Safety at Work etc Act (1974).

Article by Alexandra Johnston

19 September 2006 - HSE Latest Research Reports and Guidance

19 September 2006 - HSE Latest Research Reports and Guidance

The Health and Safety Executive (HSE) have produced the following research reports and guidance, which can be accessed by clicking the relevant link:

• HSL/2006/47 - Ramp Testing Natural and Man Made Stone Floors - Final Report
• HSL/2006/65 - Evaluation of the Kirchberg Rolling Slider and Slip Alert Slip Resistance Meters
• HSL/2006/76 - Evaluation of the Slips Assessment Tool - SAT
• RR485 - Elastomeric seals for rapid gas decompression applications in high-pressure services

The HSE, as part of their Better Backs Campaign and in partnership with the TUC, have also provided a Tools for Safety Representatives webpage, where they can get involved in the campaign.

The webpage can be accessed by clicking the following:

HSE Tools for Safety Representatives Webpage - What can you do

Article by Alexandra Johnston

18 September 2006 - Corporate Manslaughter Bill and Effects on Fleets

18 September 2006 - Corporate Manslaughter Bill and Effects on Fleets

The Royal Society for the Prevention of Accidents (RoSPA), in conjunction with the Transport Research Laboratory (TRL) are to hold a seminar on 18 October 2006, at Loughborough University, Leicestershire, Road Deaths and Corporate Manslaughter – Fleet Impact, where speakers will provide information to bosses of fleets on how the new corporate manslaughter bill will affect them.

They will explain that the law, which will cover fatalities in the workplace, will also cover road deaths caused by organisations lack of care.

Charles Davis, RoSPA Head of Driver and Fleet Solutions, said:

“Companies that pay scant regard to managing health and safety are on notice. The corporate manslaughter law will mean that, where safety failure has been particularly bad, corporations can be successfully prosecuted following work-related deaths due to their recklessness.

“Such cases will not be limited to fatal accidents in fixed workplaces, but will include cases of death on the road.

“Driving as part of the job is the most dangerous work-related activity performed by most people in the UK. Employers have a duty of care to their employees. They can’t just abdicate responsibility and blame crashes on the driver.

“Our seminar will help organisations to check out their arrangements for health and safety risk management and to learn about new developments.

“Those with the correct people, policies and procedures in place to manage occupational road risk need have nothing to fear. Indeed, they will be reaping the major business benefits that are available by addressing this as part of mainstream health and safety management.”

There will be many speakers at the seminar, including Barrister Gerard Forlin, who will outline the Corporate Manslaughter Bill, including its effect on fleets.

Explaining how the Road Death Investigation Manual is applied and the liaison between the Police and the Health and Safety Executive, will be speaker Chief Inspector Ian Brooks of the Metropolitan Police.

Further information on the seminar can be accessed from RoSPA's Website by clicking the following:

RoSPA : Road Death and Corporate Manslaughter Seminar

Article by Alexandra Johnston

18 September 2006 - Teachers Plus Drawing Pins Equals Mesothelioma

18 September 2006 - Teachers Plus Drawing Pins Equals Mesothelioma

A warning to teachers has been issued by unions in the North of England stating that the pinning of children's work on boards which may contain asbestos, could cause fatal asbestos cancers.

Eight school staff are currently seeking compensation following contracting asbestos-related cancers, with many other claims having already been settled.

Owing to the period of time before asbestos cancers take their toll, teaching unions fear many more teachers will be affected in coming years.

Figures from the Health and Safety Executive (HSE) show that between 1991 and 2000, 147 people working in education died from the fatal asbestos-related disease mesothelioma.

Regional Secretary of the National Union of Teachers (NUT) Elaine Kay said:

"Every school should have an asbestos plan which says where it is and what's been done to seal it and render it safe.

"Everybody in the school should have information so teachers don't go sticking pins in it.

"It's when that information falls short that it becomes a serious risk, which is unacceptable because teachers stick pins in the wall all the time, as do children."

National Executive Member for the Teaching Union in the North East NASUWT, Mick Lyons, said:

"Most of our schools are held together by asbestos because they were built in the 1960s when there wasn't the knowledge of what it can do.

"I know of people drilling through walls to put in a telephone cable and disturbing asbestos. A school in Durham put in a whiteboard but forgot to mention that the ceiling panels were made of asbestos.

"Nowadays, most local authorities know where it is and schools have asbestos plans, but we're looking at a time-bomb from the sixties, seventies and eighties when it wasn't so well known."

Safety representatives are being urged to help by checking the following:

• Demand a copy of the school or college’s asbestos policy, which should include details of where asbestos is located and the steps that have been taken to monitor the position.
• Check that your employer, by virtue of regulation 4 of the Control of Asbestos at Work Regulations 2002, knows whether your premises contain asbestos.
• Check where asbestos is located.
• Check the condition of the asbestos.
• Make sure your employer complies with regulation by ensuring the asbestos is managed effectively.
• Employers should also make sure that employees are fully informed so staff are not at risk of disturbing asbestos.

An updated Guidance, produced by the HSE, "Asbestos: an important message for schools", can be accessed, in pdf format, by clicking the following:

Asbestos: An important message for schools

Further updated information on asbestos in schools, can be accessed from the HSE Webpage, by clicking the following:

HSE -Asbestos - updated information for schools

Article by Alexandra Johnston

18 September 2006 - CPS Decision to be Questioned in High Court

18 September 2006 - CPS Decision to be Questioned in High Court

The Crown Prosecution Service (CPS) will have to explain in London's High Court why they failed to charge the employers of a young worker, 17 year old Daniel Dennis, with manslaughter when an inquest jury in 2005 found that Daniel had been unlawfully killed.

Daniel, fell through a skylight on 8 April 2003, within the first week of his employment with North Eastern Roofing, of Bridgend.

In March this year, the CPS said they would not be pressing charges against Daniel's employer, which prompted Young Daniel's parents to seek an explanation, by means of a judicial review of the CPS' decision.

Representing Mr. & Mrs. Dennis, Mr. Mick Antoniw, said:

"This case will review the way in which the CPS investigated the accident and the way in which they took their decision not to bring manslaughter charges.

"If the judge finds the CPS did not carry out its duties properly I will ask them to reconsider their decision.

"Daniel had no safety training, had not been given training to work at heights, was not wearing a harness and the skylight area had not been fenced off."

Supporting Daniel's parents, Mr. Allan Garley, Regional Secretary of the GMB Union, said:

"Too many workers are killed because of inadequate safety by negligent employers. It is time for the CPS to justify their failure to bring charges in cases such as this.

"The union is not after vengeance, but employers have to be held to account for their actions."

Daniel's Father, Mr. Peter Dennis said:

"Because of the support we have had from the GMB we will at last be able to find out why no manslaughter charges were brought.

"We will then press the CPS to re-open the case and review their original decision."

Daniel's fall and events leading to his death, plus lots of information and advice on young workers, can be read on the Hazards Young Workers Webpage by clicking the following:

Hazards Young Workers Webpage - Daniel Dennis

Article by Alexandra Johnston

11 September 2006 - Keep Students Safe From Fire

11 September 2006 - Keep Students Safe From Fire

In a bid to keep University students residing in rented accommodation safe from fires, a network of students have been selected by the Department for Communities and Local Government, in order to raise awareness of fire safety, amongst fellow students.

The student ambassadors were selected from various Universities in England with the criteria being the population of second and third year students who tended to live in rented accommodation.

The "Fire Kills" Campaign will highlight the risk of fires by means of the following:

• The distribution of leaflets and posters.
• Coverage within magazines.
• Coverage within websites.
• Working with fire and rescue services organising a demonstration of just how quickly chip pan fires develop, become uncontrollable and how lives are put at risk.

Sir Graham Meldrum, HM Chief Inspector of Fire Services, said:

"It is so important for students to remember to fit and test a smoke alarm regularly as you are twice as likely to die in a fire if you do not have a working smoke alarm.

"We are using this innovative approach to reach students as they are more likely to take notice of their university peers. The ambassadors will also have excellent knowledge of their local student media."

There are very simple tips on keeping safe from fire both in student or any other accommodation, such as the following:

• Fit smoke alarms on each level of the house and test them weekly.
• Don't leave cooking unattended.
• Take extra care with cigarettes and smoking materials.
• Never leave candles unattended.
• Check furniture has the permanent fire-resistant label.
• Practice an escape route with your housemates.
• If a fire starts get out, stay out and dial 999.

As well as all of the above, an excellent tip from one of our HSfB moderators, Stoker is as follows:

"When changing our clocks and watches twice a year, we should also change our smoke detector batteries as part of the routine. This way, our batteries will always be on the alert for our safety."

Further information on the Fire Kills Campaign can be accessed from the Government Website by clicking the following:

Fire kills you can prevent it.

As there are now a number of students with young children living at home, one of HSfB's recommended sites, Do2Learn, have a fun-filled fire safety page for young children worth checking out and can be accessed by clicking the following:

Do2Learn: Educational Resources for Special Needs

Article by Alexandra Johnston

11 September 2006 - HSE Say Don't Take The Gamble With Asbestos

11 September 2006 - HSE Say Don't Take The Gamble With Asbestos

The Health and Safety Executive's (HSE's) "Don't Take The Gamble" Campaign is aimed at both employers and employees working within the asbestos industry, such as following:

• Workers who perhaps carry out work on asbestos falling outside the licensing regime.
• A reminder to dutyholders and workers of the specific asbestos work which does require a licence.
• Targeting dutyholders within the small and medium enterprise range and facilities management.

The "Don't Take The Gamble" Campaign highlights the risks involved in working with asbestos and takes place through the months of September and October 2006.

Further information on this worthwhile Campaign can be accessed from the HSE Webpage by clicking the following:

Asbestos campaign - Are you gambling with your life?

Further information on asbestos, "the greatest single cause of work related deaths in the UK", can be accessed from the HSE's Asbestos Webpage by clicking the following:

Asbestos health and safety in the workplace

Article by Alexandra Johnston

11 September 2006 - HSE Guidance to Cut Recycling Vehicle Incidents

11 September 2006 - HSE Guidance to Cut Recycling Vehicle Incidents

In a bid to cut the injuries and deaths from waste and recycling collection vehicles, the Health and Safety Executive (HSE) launched their new guidance, Waste and Recycling Vehicles in Street Collection, on 4 September 2006, at an event in Northampton.

Six people have been killed since December 2005 due to reversing waste and recycling vehicles and in a bid to eliminate these fatalities, the Guidance contains detailed information on the reversing of the vehicles with recommendations such as the following:

• The use of reversing aids.
• Trained assistants to make sure pedestrians do not enter areas surrounding reversing vehicles.
• Information on vehicle safety checks.
• Information on driver assessment.
• Information on personal protective equipment (PPE).
• Supervision and monitoring.
• Responsibilities of individuals.

Commenting on the new Guidance, Chair of the Health and Safety Commission, Bill Callaghan said:

"We want to encourage these partnerships, using the skills and experience of key workers at grass roots level to develop solutions that will work for them.

"The challenge now is for the industry to implement the controls and ensure that tragic incidents are prevented in the future."

Chief Constable Meredydd Hughes, Head of the Association of Chief Police Officers Road Pricing Policy, commending the new Guidance said:

"There is a tragic history of pedestrians and particularly children and old people being run over by refuse collection vehicles.

"We welcome the systems of work set out in this guidance as they can greatly reduce the risk of pedestrians entering the reversing area whilst the vehicle is moving."

The HSE Guidance, in pdf format, can be accessed by clicking the following:

Waste and Recycling Vehicles in Street Collection

The HSE Guidance was developed with the assistance of the waste and recycling industries, local authorities and the Waste Industry Safety and Health Forum (WISH).

The WISH Forum can be accessed from the HSE Webpage, by clicking the following:

Health and Safety in the Waste Management and Recycling Industry

Article by Alexandra Johnston

11 September 2006 - Update on First DDA Prosecution

11 September 2006 - Update on First DDA Prosecution

The first prosecution under the Disability Discrimination Act (DDA), against the giant retailer Debenhams, has successfully resulted in a signed "formal agreement" between Debenhams and the Disability Rights Commission (DRC), to provide disabled access in all its retail stores in England.

The "formal agreement" commits Debenhams, within three months from the agreement date of 3 July 2006, to "have in place suitable means for disabled customers to access previously inaccessible mezzanine floor areas in its stores".

Debenhams will also provide a written report of measures implemented, to the DRC.

This, the first case under the new DDA, since the introduction of Part 3 in October 2004, was taken against Debenhams in July 2005, by Mr. Greg Jackson, a wheelchair user. Mr. Jackson had been denied access to the mezzanine section of the menswear department in their Derby store, only accessible via a set of stairs.

Mr. Jackson had made several requests to Debenhams regarding his difficulty, but no changes were made. Backed by the DRC, Mr. Jackson made the decision to proceed with legal action against the company.

Commenting on the new agreement, Mr Jackson said:

“I’m very happy today because now I can visit my local store to buy clothes and receive the same service as other shoppers.

"That is all that I wanted and by using the DDA and with this agreement it is what all disabled people can expect in future."

Mr. Bert Massie, Chairman of the DRC, said:

“The formal agreement, signed by Debenhams, to resolve Mr Jackson’s case is very important because it underlines the extent of the responsibilities for large retailers regarding what is reasonable under the requirements of the DDA.

"Debenhams now has a centrally managed action plan to provide independent access in all of its stores in England where disabled people, including Mr Jackson, experience difficulty getting up to mezzanine floor levels.

"This sends a strong signal to all high street retailers that it’s unacceptable to provide a second class service for disabled people. We are not second class citizens.”

A spokesperson from Debenhams’ said:

“We have today confirmed in a statement to the Disability Rights Commission Debenhams’ continuing commitment to providing disabled access to products situated on all floors in its stores throughout the country.

"In particular Debenhams has provided access platforms to the mezzanine floors in its Derby store and will resolve all issues of accessing mezzanine floors for its disabled customers in a further 17 stores with similar access issues at a cost of more than £300,000”.

The County Court proceedings, issued by Mr Jackson and represented by the DRC, will now no longer be pursued, as a satisfactory agreement has been reached.

You can read HSfB's news archive item on the plight of Mr. Jackson, by clicking the following:

29 July 2005 - First Prosecution Under DDA Against Debenhams

Further information on disability can be accessed from the DRC Website, by clicking the following:

Disability Rights Commission

Article by Alexandra Johnston

31 August 2006 - Better Backs with EssentialSkillz

31 August 2006 - Better Backs with EssentialSkillz

Bringing the Health and Safety Executive's Better Backs Campaign to your organisation!

According to the HSE, 'Back disorders are the most common form of ill health at work.' The HSE is running a Better Backs Campaign this Autumn with financial assistance and promotional materials provided free of charge.

EssentialSkillz are working with clients to develop an effective and easy to implement Better Backs Awareness Campaign, central to which is raising awareness and highlighting attitudes which expose employees to injury risk. If your organisation is interested in reducing the number of working days lost due to back pain, you should join with EssentialSkillz in supporting the national campaign.

The Campaign comprises of:

• HSE promotion tool kit of printed materials and presentations
• EssentialSkillz newly released online training course Manual Handling (v2)
• EssentialSkillz continuing awareness screensavers
• Keynote activity or prize

Call us at 08700 621162 or email info@essentialskillz.com to get started!

31 August 2006 - Latest HSE Leaflets and Guidance

31 August 2006 - Latest HSE Leaflets and Guidance

The Health and Safety Executive (HSE) have provided some very interesting leaflets and guidance on several subjects, all of which can be accessed from the HSE webpages, by clicking the relevant link below:

• INDG85 - BSE and carcase disposal
• INDG212 - Workplace health and safety: Glazing
• INDG216 - Dispensing Petrol as a Fuel Health and Safety Guidance as an Employee
• INDG239 - Play your part! How you can help improve health and safety offshore
• INDG293 - Welfare at work

There is also a HSE Webpage which provides a number of publications and guidance in other languages to assist people of all nationalities. This webpage can be accessed by clicking the following link:

• INDG405 - Other languages information / free leaflets about health and safety

Article by Alexandra Johnston

31 August 2006 - HSE Seeks Views on Global Classification of Chemicals

31 August 2006 - HSE Seeks Views on Global Classification of Chemicals

Following the European Commission's two month internet consultation on global classification of chemicals and proposed Regulations on the classification and labelling of chemicals, based on the United Nations Globally Harmonised System (GHS), the Health and Safety Executive (HSE) are seeking views from stakeholders.

Mr. Robin Foster, of HSE's International Chemicals Unit said:

"We are keen to hear from those with an interest on how this proposal will affect the UK. This will then help shape the UK negotiating strategy."

Worldwide, there are many different laws on how hazardous substance properties are described and how the information is passed on to it's users. Confusion can arise as different countries have different labelling.

In a bid to create a worldwide classification, experts from different countries were brought together by the UN, creating the Globally Harmonized System of Classification and Labelling of Chemicals (GHS), aiming to provide such as the following:

• Worldwide recognised criteria for classifying chemicals.
• Classification according to health hazards.
• Classification towards effects to the environment.
• Classification as to the physical hazards.
• Classification of hazard communication requirements for labelling and safety data sheets.

Further information as to how you can become involved, calendar of events and discussion forum can be accessed from the HSE Website by clicking the following:

Globally Harmonising Systems - Classification and labelling

Article by Alexandra Johnston