Welcome back to the latest periodic news update.
You will find more important updates from the Health and Safety Executive, prosecution information on companies found in breach of Health and Safety legislation and lots more information that we hope you find relevant to your company.
If you wish, you can download a copy of the newsletter by clicking the button:
In this edition we look at……
Company news
Welcome to the May edition of North Durham Safety Limited latest news.
North Durham Safety Ltd recently purchased two dedicated vehicles, mainly to support our construction site customers across Britain. The vehicles are necessary to service the ever increasing scope and repeat business from customers. These are used for our face fit testing
service, for signage delivery and for providing essential safety and first aid equipment at the job site, where we provide support and site supervision.
This is a significant investment which we hope you all agree provides a more professional
image of the company.
We are currently recruiting for another permanent member of staff and hope to make an
appointment within the next month.
As we enter the seventh year of trading these are further significant milestones which
evidence how our business has grown. We are of course eternally grateful for all of the
custom we have enjoyed during this period.
Welcome to the May edition of North Durham Safety Limited latest news.
North Durham Safety Ltd recently purchased two dedicated vehicles, mainly to support our
construction site customers across Britain. The vehicles are necessary to service the ever
increasing scope and repeat business from customers. These are used for our face fit testing
service, for signage delivery and for providing essential safety and first aid equipment at the
job site, where we provide support and site supervision.
This is a significant investment which we hope you all agree provides a more professional
image of the company.
We are currently recruiting for another permanent member of staff and hope to make an
appointment within the next month.
As we enter the seventh year of trading these are further significant milestones which
evidence how our business has grown. We are of course eternally grateful for all of the
custom we have enjoyed during this period.
WHO’S IN THE DOCK
Goat farming fined after fatality
A contractor has been given a community sentence following the first successful prosecution by the Health and Safety Executive as a result of multiple failings uncovered during a COVID “spot check”.
According to a statement, inspectors uncovered multiple breaches at a new-build residential construction site in Longsight, Manchester while it was subject to a check on whether it was following coronavirus control protocols.
A breach of the Health and Safety At Work Act 1974 Section 21 regarding Improvement Notices and also a breach of Regulation 13(1) of the Construction (Design and Management) Regulations 2015 – Duties of a Principal Contractor were discovered during the visit.
More information on the Case can be found below.
Lancashire County Council fined over Hand Arm Vibration issues
Lancashire County Council has been fined after several employees carrying out work in the highways department developed a debilitating nerve condition as a result of failure to control exposure to vibration.
Manchester Magistrates’ Court heard that, in February 2019, HSE received a RIDDOR report from Lancashire County Council, relating to the diagnosis of a case of Hand-Arm Vibration Syndrome (HAVS). An improvement notice was served to the council in July 2019. However, subsequent to this, a further ten cases of vibration – related ill-health, unrelated to the RIDDOR report, were uncovered and reported late. Four more reports were also filed, but these were on time.
Lancashire County Council of County Hall, Fishergate, Preston pleaded guilty to breaches of Section 2 (1) and 3(1) of the Health and Safety at Work etc. Act 1974 and Regulation 8 of the RIDDOR Regulations 2013. The Council was fined £50,000 and ordered to pay costs of £10,366,78 .
If employees are using handheld power tools such as drills and grinders the employer is responsible for assessing those risks, introducing and maintaining satisfactory control measures to reduce vibration. Typical control measures include eliminating the risk, selection of low vibration tools, regular maintenance of existing equipment, accurate calculation of “TRIGGER TIMES” and carrying out periodic health surveillance of employees.
https://press.hse.gov.uk/2022/05/05/lancashire-county-council-fined-over-hand-arm-vibration-issues/
Construction company fined after child struck by wall collapse
Gurmit Properties Limited have been fined for safety breaches after a substantial part of a wall at a construction site at Barnsley Road, South Elmsall collapsed, seriously injuring a child.
On 7th February 2018 an eight-year old child was walking with her mother along Harrow Street, adjacent to GPL’s construction site, when she was hit by the collapsing wall. She sustained serious injuries, including crush injuries to her foot which resulted in the amputation of a big toe.
Gurmit Properties Ltd of Albion Street Castleford West Yorkshire pleaded guilty to breaching Section 3 (1) of the Health & Safety at Work etc Act 1974. The company has been fined £22,500 and ordered to pay £11,998.80 in costs.
https://press.hse.gov.uk/2022/04/12/construction-company-fined-after-child-struck-by-wall-collapse/
Quick Quiz
Qualitative and Quantitative Face Fit Testing of Respiratory Protective Equipment (RPE)
How compliant is your business?
If you are required to wear a respirator/face mask at work which requires a tight seal to the face:
01. Are you clean shaven when wearing your respirator/face mask?
02. Have you been provided with information, instruction and training in the correct use, storage and replacement?
03. Are you in receipt of a face fit testing certificate for the specific make and model of mask you’re using?
Unless you have answered YES to all of the above, it is likely your business is:
• Not complying with Legislation;
• Putting employees at risk;
• Putting your Business at risk.
North Durham Safety Limited are qualified to carry out both Quantitative and Qualitative Face Fit Testing
If your business is not compliant and you need advice get in touch.
Email: info@northdurhamsafety.com
Telephone: 0333 222 8959
Legislative updates
Personal protective equipment (PPE) at work regulations from 6 April 2022
On the 6th of April 2022 the Personal Protective Equipment (Amendment) Regulations 2022 (PPER 2022) come into force. They amend the Personal Protective Equipment Regulations 1992 (PPER 1992).
They extend employers’ and employees’ duties regarding Personal Protective Equipment (PPE) to limb (b) workers.
If PPE is required it is the employers responsibility to ensure their workers have sufficient information, instruction and training on the use of PPE, however, a limb (b) worker now has a duty to use the PPE in accordance with their training and instruction, and ensure it is returned to the storage area provided by their employer.
What this means for employers
PPER 1992 places a duty on every employer in Great Britain to ensure that suitable PPE is provided to ‘employees’ who may be exposed to a risk to their health and safety while at work.
PPER 2022 extends this duty to limb (b) workers and came into force on the 6th of April 2022.
What this means for limb (b) workers
As a worker you are required to use the PPE properly following training and instruction from your employer. If your PPE is lost of becomes defective, you should report that to your employer.
Definitions of limb (a) and limb (b) workers
In the UK, section 230(3) of the Employers Rights Act 1996’s definition of a worker has 2 limbs:
• Limb (a) describes those with a contract of employment.
• Limb (b) describes workers who generally have a more casual employment relationship and work under a contract for service.
https://www.hse.gov.uk/ppe/ppe-regulations-2022.htm#amended
Changes to mobile phone use when driving
Changes to the law around the use of mobile phones while driving have recently come in effect, making it an offence whenever a driver holds and uses a mobile phone or hand-held device. It is now illegal for motorists to use a handheld mobile phone under virtually any circumstance while driving. The new rules mean touching such a device for any reason, such as checking the time, looking at notifications or scrolling through music, are banned. Anyone caught using a hand-held device while driving will face a fine of up to £1,000 and six points on their licence—or a full driving ban.
And it’s not just mobile devices that drivers should be cautious of. Despite no new rules being enforced on the use of other touchscreen systems, they can be a potential distraction for drivers and the more complex they are, the more distracting they may be. Drivers who are found not properly in control of their vehicle as a result of using dashboard gadgets or hands-free devices could still be prosecuted.
Covid-19
In February, Prime Minister Boris Johnson set out government plans to live with coronavirus. These changes included the removal of guidance and legal requirements concerned with, for example, self-isolation following a positive test, the obligation on employees to tell employers if they are required to self-isolate, and the end of routine contact tracing.
The Department of Health and Social Care also announced that the legal requirement for health and social care staff to be double jabbed would be removed from 15 March 2022.
From 1 April, the following changed:
• Removal of the health and safety requirement for every employer to explicitly consider COVID-19 in their risk assessments.
• Update to guidance setting out the ongoing steps that people with COVID-19 should take to minimise contact with other people.
• Consolidation of guidance to the public and businesses, in line with public health advice.
• Replacement of the ‘Working Safely’ guidance with new public health guidance
• Use of the NHS COVID Pass by certain venues no longer recommended.
• An end to free universal lateral flow tests.
https://www.nhs.uk/conditions/coronavirus-covid-19/
If you want more information regarding anything in this publication or need support please give us a call on 0333 2228959 or email at info@northdurhamsafety.com