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health and safety legislation update
 
in association with hawthorn safety consultancy
 
fireDoes my business require a fire risk assessment?

Fire Kills – 2004 (England & Wales) Fire and rescue services attended 34,400 fires in non domestic buildings. These fires killed 38 people and injured over 1,300 at an estimated cost of 2.5 billion pounds to include property damage, human casualties and loss of businesses. The new Regulatory Reform (Fire Safety) Order 2005 requires all owners and Managing Directors of all domestic premises together with all sleeping accommodations such as guest houses, hotels, HMO’s and common areas of flats and maisonettes to carry out fire risk assessments. The new order replaces previous fire legislation. Any fire certificates issued under the Fire Precautions Act 1971 will cease to have any effect.

fireThe Order requires Fire Precautions to be put into place where necessary and to the extent that it is reasonable and practicable in the circumstances of the case. The responsibility for complying with the Order rests with the competent person. You must appoint one or more competent persons, depending on the size and use of your premises, to carry out any of the preventative and protective measures required by the Order. Management will define a competent person as someone with enough knowledge, training and experience to carry out the risk assessment. The competent person must be able to identify potential ignition sources, evaluate the risks and take control measures to prevent fire taking place.


For help, guidance or advice please contact Martin Tricker CMIOSH, MRIPH, MIIRSM at Hawthorn Safety Consultancy Ltd on 01424 815296 or e-mail martin@hawthornsafety.com
 
health and safety legislation update
 
The new Control of Noise at Work Regulations 2005 came into force on the first of April 2006, bringing with them 5dB reductions in allowable levels, more levels to monitor, limit values, compulsory health surveillance, weekly averaging and tighter hearing protection controls.

The main thrust of the new Control of Noise at Work Regulations is to lower the acceptable levels of noise exposure above which both requires employers and employees to take certain actions (see table) :

 
Noise at Work Regulations 1989 Control of Noise at Work Regulations 2005
1st Action Level 85dB(A) Lep d Lower Action Value (LAV) 80dB(A) Lep d
    LAV Peak Action Value 135 dB
2nd Action Level 90dB(A) Lep d Upper Action Value (UAV) 85dB(A) Lep d
    UAV Peak Action Value 137 dB
    Exposure Limit Value (ELV) 87dB(A) Lep d
Peak Action Level 140dB(A) ELV Peak Action Value 140 dB
 
Hearing Protection should be the last resort, after other reasonable practicable noise control measures have been taken. Under the Management of Work Regulations 2002 which requires employers to undertake suitable and sufficient risk assessments of hazards (noise) within the workplace. Where the hazards can not be controlled by suitable means PPE should be provided. All Personal Protective Equipment must be of the correct materials to ensure personal safety. With the new Control of Noise at Work Regulations give three methods for evaluating hearing protection in the workplace. These are Single Number Rating (SNR), the High Medium Low (HML) method, and the Octave Band Selection. All these methods use data supplied by the manufacturer of the hearing protection.

You can purchase all your safety sign needs from the Sussex Sign Company on-line just click here.

 
health and safety regulations
 
"The Health and Safety (Safety Signs and Signals) Regulations 1996 require employers to use a safety sign where there is a significant risk to health and safety that has not been avoided or controlled by the methods required under other relevant law, provided the use of a sign can help reduce the risk. Safety signs are not a substitute for those other methods of controlling risks such as engineering controls and safe systems of work". From the Summary of the Health and Safety (Safety Signs and Signals) Regulations 1996.

Safety signs warn or inform

They give warning of hazards

They inform about what must or must not be done

They inform about safe conditions

They inform about the location and type of fire fighting equipment

You can purchase all your safety sign needs from the Sussex Sign Company on-line just click here

 
health and safety imageRecent figures from the Health and Safety Executive shows that in 2003/2005 in the UK there were 235 fatalities an increase of 4% of the previous year, 28,426 major injuries and 29,655 over – three day injuries.

Over 900 companies, organisations individuals were convicted of Health and Safety offences each having to pay an average of £12, 194, an increase of 39% over the previous year

Health and Safety legislation is there for a reason, to protect employees and employers in the workplace.

health and safety imageThe employer as well as the employee have a general duty of care to ensure the health, safety and welfare so far as it reasonably practicably of themselves and anyone else who may be exposed to their emissions, (Health and Safety at Work etc Act 1974 Section 2(2).

In conjunction with the above Act, if you have more than 5 employees it is your legal responsibility as an employer to provide a written health and safety policy and procedures, the policy must contain (a) the Statement of Intent, (b) the Organisation Management Structure, (c) the Generals Arrangements.

Over the past two decades legislation has grown considerably, there are pieces of legislation out there that will affect all readers, from general health and safety risk assessments to chemical hazards, office safety, engineering, manual handling to food safety and many more.

health and safety imageRisk assessment is the main phrase in health and safety today. Employers or self employed (5 or more employees) persons must undertake suitable and sufficient risk assessments of the hazards within their workplace, this could be a particular task, a machine, operation etc. All risk assessments must be undertaken by a competent person in order to identify the measures required to eliminate and/or control the risks identified.

Assessments must be supported by accurate records and documentation (a legal requirement where there is 5 or more employees). Experience has shown that on many occasions company management undertake their risk assessments but forget to provide the training, information and supervision from the assessments to their employees.

 
health and safety - what happens when something goes wrong?
 
health and safety signSevered finger

The owner of a joinery firm has been fined over £15,000 after a Health and Safety Executive investigation into a machine accident revealed a range of unsafe work practices. Magistrates heard the HSE inspectors were called in when a joiner reported that part of his finger had been amputated by a woodworking machine. Magistrates heard the prosecuting officer say that the vertical spindle had not been fitted with limited cutter protecting tool. The company was fined £15,000 under section 2(1) of the Health and Safety at Work etc Act 1974 failing to ensure the safety of their employees. They were also fined £5,000 under RIDDOR 1985 and £2,500 under section 4(1) of the Provision use of Workplace Equipment 1998.

health and safety signCrushed to death

A company and two of their managers were ordered to pay out over £75,000 in fines and costs after one of their employees was crushed to death and another seriously injured when a machine fell on top of them during unsafe maintenance works. The high court heard that the company failed to undertake a suitable risk assessment for the maintenance works. The assessment would have shown that the weight of the machine exceeded the safe working load of the fork lift truck. The company was fined £25,000 under section 2(1) of the Health and Safety etc Act 1974 for failing to ensure the safety of their employees.


Death by heat exhaustion

A laundry company was fined £325,000 after the court heard how an employee died from heat exhaustion after being trapped for two hours inside a washing machine. The court heard that the operative had gone into the 13 metre long drum of the washing machine to clear a blockage. The machine had been running a short time before at a temperature of 70 degree Celsius. The company was fined £325,000 plus £16,000 in costs under section 2(1) of the Health and Safety etc Act 1974 for failing to ensure the safety of employees

 
 
Sign colour and shape Meaning Instruction or information examples
RED Round DO NOT Prohibition; danger, alarm Stop; do not touch; no smoking
BLUE Round YOU MUST Mandatory Wear protective equipment; use this route
YELLOW Triangular BE CAREFUL Warning Take precautions; take care; irritant
GREEN Square or rectangular SAFE Emergency escape or first aid This way to fire exit, first aid post
RED Square or rectangular FIRE Fire fighting This way to fire fighting equipment; fire hose
 
Safety signs should always be selected and used with care. They must be appropriate for their purpose and thus clearly understood. Unclear or ambiguous signs may result in accidents. Risk assessment of the hazard may determine the appropriate sign.

Once signs have been selected and installed they must be maintained. Obscured or damaged signs may result in accidents. The purpose and the positioning of signs should be regularly reviewed. A sign that warns of a hazard that no longer exists may lead workers to believe that other signs are out of date - ignored signs result in accidents.

Safety signs should enhance existing safety measures and not be used instead of other safety measures!

Hawthorn Safety Consultancy provides advice and training to small and medium businesses in all aspects of safety.

 
  bullet point Policy statements and safety procedures
  bullet point Method statements
  bullet point Safety audits
  bullet point Risk assessments
  bullet point Accident investigation
  bullet point Fire safety training
  bullet point Manual handling training
  bullet point ... and more
 
 
Martin Tricker

Hawthorn Safety Consultancy Ltd
Tudor Cottage
Friars Hill
Guestling
Hastings
TN35 4HJ

For Health & Safety Consultancy and Training

Phone: 01424 815296
Mobile: 07903 645451
Email: martin@hawthornsafety.com
Website: www.hawthornsafety.com

 
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