Keep It Safe October 2023 by BFFF

KEEP IT SAFE October 2023

Welcome to the October 2023 edition of Keep It Safe It was great to be involved with the wider food and drink industry recently, firstly to attend the Food and Drink Manufacturing Forum which involves HSE, various trade associations and trade unions working towards the common strategy of reducing injury and ill health within the food industry. BFFF has volunteered to help review the industry guidance ‘A Recipe for Safety’. In addition, we also attended our first IOSH Food and Drink Industries committee meeting which led into the Food and Drink Industry Awards. This year Samworth Brothers won the award for successfully advocating new workplace transport controls for protecting employees from MHE.

The IOSH Food & Drink Conference delivered a great line up of speakers and topics on MSD’s, Multigenerational Leadership and Machinery Safety. It’s still not too late to book your place onto our Ammonia webinar this month 31st October 10-11am. The event is free with a packed agenda as follows: Overview of hazards associated with Ammonia Dispersion Modelling – what does this provide and when is it required? Overview of DSEAR – employer duties DSEAR assessment for ammonia refrigeration systems - What is involved in the assessment Typical Zone classification, Common findings and recommendations Q&A To book, please click on the below link: https://bfff.co.uk/event/webinar-ammonia-refrigerationsystems/

Read about: Fire Safety Member News Primary Authority BFFF News Enforcement Transport Hub Well-Being Guidance Events

Simon Brentnall CMIOSH PIEMA AIFSM Head of Health & Safety BFFF

FIRE SAFETY

TRANSPORT HUB

New Fire Safety Legislation

Drug Driver Problem Among Younger Motorists Reaches Epidemic Levels

Freight Containers Classed as Confined Space

Have the Right Workplace Facilities

Composite Panels and Electric Vehicle Charging Points

WELL-BEING

Lack of Knowledge over Faulty Doors Leading to Under-Reporting 6 MEMBER NEWS

The Cost of Living V The Cost of Life - Defib+

CONTENTS

PRIMARY AUTHORITY

BFFF NEWS

Health & Well-Being at Work

Health & Safety Expert Group

Try the Shout Test - Protect Workers Health

BFFF NFUM Health & Safety Day

12 GUIDANCE

ENFORCEMENT

Martyn’s Law

Dockside Company Sentenced After Worker Seriously Injured on Trawler

EVENTS

Health & Safety Conference

Ammonia Webinar

Annual Lunch

Meat Company Fined After Worker 14 Severs Fingers Haulage Company Fined After Worker Dies From Injuries

Three Companies Fined After Engineer Electrocuted in Hospital Kitchen

Food Processing Company Sentenced atfer Worker Suffers Serious Injuries

Leeds Bird Farm Fined after Worker Suffers Serious Burns in Shed Blaze

FIRE SAFETY N E W F I R E S A F E T .Y L E G I S L A T I O N Changes to fire safety Legislation affecting businesses throughout the sector comes into force on the 1st October 2023. This is a short summary of the changes and how they may impact your existing approach. Those responsible may need to consider if their current arranges are suitable and up to date. The introduction of Section 156 of the Building Safety Act 2022 (BSA) makes a number of amendments to the Regulatory Reform (Fire Safety) Order 2005 (FSO) to improve fire safety in all buildings regulated by the FSO. These requirements apply to all non-domestic premises, such as where people work, visit or stay, including workplaces, and the non-domestic parts of multioccupied residential buildings (e.g. communal corridors, stairways, plant rooms). The requirements do not apply within individual domestic premises. The Building Safety Bill received Royal Assent in April 2022 and became the Building Safety Act 2022 (BSA). The new legislation has the effect of amending the Fire Safety Order (FSO), (The Regulatory (Fire Safety) Order 2005), and now requires that: All Responsible Persons must record their completed fire risk assessment, and in full (where previously only specific information was required to be recorded) Previously FRAs were required to give information on persons at risk, hazardous substances and a were required to give a significant findings, sometimes referred to as an ‘action plan’ to show where remediation was required to control the risk identified throughout the risk assessment process. This in many ways was unhelpful to the Inspecting Authority (Fire and Rescue Officer), as it did not require the assessor to give detailed information about all fire risks in the premises and how they were controlled / mitigated for. The requirement to now show information ‘in-full’ will require assessors to document and detail the information on the risks identified and give details of how these are controlled. This is a welcome change as by documenting the risk assessment in this it will be clear that the assessors have a good understanding of the risks present and how these are mitigated. Whilst this process takes place assessors will have the opportunity to reflect and reference guidance and standards relating the choice of control measures. Choosing competent fire risk assessors is a way to ensure that you will be provided with the correct level, and quality of information. continued....

FIRE SAFETY NEW FIRE SAFETY . LEGISLATION The competence of assessors is another area for change which will be coming forward: There is also a legislative requirement that, where the Responsible Person appoints a person to make or review the fire risk assessment, they must be competent. This legislative requirement will be brought into force at a later date, and we will provide relevant guidance in that regard ahead of the commencement date. In the meantime, if you do appoint a fire risk assessor our recommendation is that you ensure they are competent to do so, in terms of having sufficient training and experience or knowledge and other qualities. It remains the case that the Responsible Person has a duty to make sure that a suitable and sufficient fire risk assessment is completed. As you will note from this statement this change will come into force at a later date to be confirmed. This will give businesses time to prepare for this change. You should check the credentials of your existing risk assessors. If you have employees within your organisation that complete fire safety assessments on your behalf there may be a further training need. The third-party accreditation scheme offered under BAFE SP205 Gives additional assurance of the competence and quality of work completed. The use of British Standards PAS79 assessment methodology is a good benchmark format for ensuring that information is captured. More information about finding a competent fire risk assessor can be found by logging into the NFCC website: Finding fire risk assessor (nationalfirechiefs.org.uk) Require that all Responsible Persons must record the identity of the individual (their name), and/or if applicable, their organisation (name) engaged by them to undertake/review any or all of the fire risk assessment. There are occasions when risk assessors fail to enter their details on to the assessment documents, this will now include the individuals tasked to review the assessments. This point is worth mentioning as this individual could be a staff member within your organisation who will either carry out annual reviews or review following acting upon the findings of the assessment. Require that all Responsible Persons must record their fire safety arrangements (demonstrate how fire safety is managed in your premises) Fire safety governance under Article 11. Under this article, the responsible person must make and implement arrangements for planning, organising, controlling, monitoring and review of the preventative and protective measures required by the Order. continued... 4

FIRE SAFETY NEW FIRE SAFETY . LEGISLATION These arrangements will typically also relate to measures required by means of other articles, such as those for the appointment of competent persons to assist (organisation and control), the need to review the assessment (monitoring) and so forth. The purpose is to require effective management control of the fire safety arrangements in the premises. Require that all Responsible Persons must record (and as necessary update) their contact information, including a UK based address, and share this with other Responsible Persons and residents of multi-occupied residential premises where applicable. Require that all Responsible Persons must take reasonably practicable steps to ascertain the existence of other Responsible Persons who share or have duties in respect of the same premises, and of Accountable Persons (which are a new legal entity made under the Building Safety Act in the case of higher-risk residential buildings) in relation to the premises - they must then identify themselves to said persons. Businesses that share space with other organisations should ensure there is an organised effort to communicate and share information on the risks and actions needed ‘where appropriate’. Cooperation and coordination have always been a requirement under Article 22 but this re-emphasis on this requirement will hopefully prompt better recording of the responsibilities and actions taken. Other requirements include: Require that departing Responsible Persons must share all ‘relevant fire safety information with incoming Responsible Persons Require Responsible Persons of a building containing two or more sets of domestic premises to provide residents with relevant fire safety information in a format that is easily understood by the residents. Increase the level of fines for some offences. Strengthen the status of statutory guidance issued under Article 50 of the Fire Safety Order You should familiarise yourself with these changes and ensure that you make the appropriate plans to ensure your current regimes incorporate the requirements under these new changes. Please follow the link below which will take you to the Government website where you will find additional information. Fire safety responsibilities under Section 156 of the Building Safety Act 2022 GOV.UK (www.gov.uk) Jonathan Dixson Essex County Fire & Rescue Service Primary Authority Manager 5

FIRE SAFETY L A C K O F K N O W L E D G E O V E R F. A U L T Y D O O R S L E A D I N G T O UNDER-REPORTING Over half (57%) of the UK public couldn’t spot a problem with a fire door, leading to a failure to report issues, recent research has revealed. The survey of 2,000 UK adults found that while awareness over factors that might prevent a fire door performing properly in the event of a fire is high, the majority of people couldn’t identify a faulty fire door.

Despite a lack of confidence in their ability to spot a problem with a fire door, there were some positive signs. 60% of individuals would report a faulty or propped open fire door because they would feel responsible if a fire occurred that they feel they could have prevented. Also, the majority (86%) said they would report a faulty or propped open fire door in the future.

The theme for this year’s Fire Door Safety Week 2023, which ran from 25-29 September, was ‘Recognise it, Report it’ and aimed to help people spot problems with faulty doors so they can be reported, then repaired or replaced.

Helen Hewitt, CEO of the British Woodworking Federation (BWF) which organises and funds Fire Door Safety Week, said: “Fire doors perform an essential role in the event of a fire – they are the barrier preventing the spread of fire and smoke. They simply must be in working order, and keeping them so relies on everybody who encounters them to spot and report issues, so they can be immediately addressed.

A lack of knowledge over what constitutes a faulty fire door leads to under-reporting, with 29% of respondents saying they wouldn’t report a faulty fire door for this reason – putting themselves and others at risk.

“The fact that so many say they are unable or unwilling to do so is incredibly worrying and puts lives at risk. The problem is two-fold: not knowing how to spot issues, and not having confidence that concerns raised will be acted upon. As part of this year’s campaign which marks 10 years of Fire Door Safety Week, we’re giving everybody the tools to be able to recognise major fire door faults, to boost confidence over reporting them. We need to empower people to play their role in keeping the buildings they live in and occupy safe.”

Worryingly, 21% said the reason they wouldn’t report in future is because they don’t think anything would get done. Almost half (49%) didn’t feel it’s their responsibility to report a faulty fire door. It wasn’t just issues with spotting and reporting problems that were prevalent, there was also a lack of understanding over the purpose of fire doors and how they function. More people believed that a fire door aids in stopping the spread of fire (46%) than the spread of smoke (32%). Only a fully functioning fire door will protect property and life from fire and smoke, with smoke inhalation being the main cause of fire-related deaths.

continued....

FIRE SAFETY L A C K O F K N O W L E D G E O V E R F. A U L T Y D O O R S L E A D I N G T O UNDER-REPORTING The survey also highlighted that the level of guidance people receive over how to spot a faulty fire door is higher in their place of work than the buildings where they live. More than a third (38%) of respondents said their employer has explained to them how to spot a faulty fire door in the building, compared to 26% of respondents’ landlords who’ve communicated this.

The week helps raise awareness around critical issues such as faulty fire doors, enabling people to spot and report issues so that immediate action can be taken to protect lives and property.” Discussing the role of Fire Door Safety Week across its 10 years, Helen Hewitt commented: “When Fire Door Safety Week started out, its intention was simple: to raise awareness of the vital role that fire doors play in saving lives. What’s evolved since is a phenomenal network of organisations and individuals who support the campaign each year, in greater numbers, and help communicate its important message. The campaign has forged links between those whose cooperation is essential to maintaining and improving fire safety, while reaching the general public with an impactful message. We thank everyone for their support, and this gives us great confidence that even more can be achieved in the next 10 years.”

Whilst it is encouraging that employers are taking fire safety seriously, increased awareness and guidance must also extend to residential buildings to ensure people’s homes, belongings and loved ones are also protected. In residential buildings, fire safety was a second priority to damp or mould, highlighting that hazards that are immediately recognisable and visible are more likely to be dealt with. Commenting on the findings, Gavin Tomlinson, Protection and Business Safety Chair of the National Fire Chiefs Council (NFCC), said: “This research highlights a worrying lack of awareness about the importance of recognising and reporting faulty fire doors. Everyone must understand that fire doors are a vital barrier, not just against flames but also against the deadly spread of smoke during a fire. We must empower individuals to take responsibility for fire safety in their homes and workplaces.

For more information on Fire Door Safety Week 2023, visit here. British Woodworking Federation Ltd September 2023

The theme of this year’s campaign, ‘Recognise it, Report it,’ underscores the importance of Fire Door Safety Week.

MEMBER NEWS THE COST OF LIVING V THE COST OF LIFE The cost of life is circa £1500 pounds and for each one of those £’s you will hope you have wasted. The cost of living is a crunch which is hitting us all, one will pass, and the other is frequently fatal. It is never the right time to think of death in the workplace, however, it happens, so the right time is always, now. We talk of course of AEDs and Cardiac Arrest. Defib Plus and the BFFF have been partnered for a while now, the BFFF continuously underwriting its commitment to ensuring its members are fully aware and provided for in H&S. This is highlighted here, by focusing on a unique Preservation of Life event in the workplace, Cardiac Arrest, which for 9 out of 10 is fatal, without intervention. Defib Plus, provides you the best advice and equipment at subsidised pricing, often more cost-efficient than any other UK provider. But our joint venture in this preservation of life goes beyond the cost of equipment. The principal concern for corporate ownership of AEDs, is that of liability and litigation. DFPL mitigates that risk at every level and is the principal reason for our two organisations joining forces. The primary obligation that must be met in ownership of defibrillators, is under PUWER, but with that comes the requirement for a member of staff to make the efficacy checks and record their findings for company record. Unsupported by your equipment supplier, this may be deemed a risk for both the individual concerned and the company. In our experience, there can be many mistakes made in this process. Defib Plus undertakes those vital compliances for you, as per manufacturers guidelines and as per time stipulations. On the equipment passing inspection, we certificate that device as checked and approved for use. Best practice in your Duty of Care – demonstrated, by your equipment supplier. Beyond undertaking your above statutory compliance we also; ·Replace all AEDs maintained & purchased through Defib Plus at their warranty end – free of charge ·Should a legal entity believe they have a case against any of our clients, for any reason, we have in place – ‘full right of recourse to manufacturer’ to protect you. ·We supply free consumables, batteries and electrodes x 2 during warranty period ·We fulfil all statutory Duty of Care obligations for those staff deploying a unit in a resuscitation attempt. ·There’s more, please contact us for details. The capital cost of this equipment and its subsequent maintenance is 100% tax deductible, please seek you tax advisors advice. 8

MEMBER NEWS Outsource your compliance, outsource your risk. Defib Plus is unique in the UK in the extent of its support coverage. The ownership of AEDs is well recognised as the responsible and gold standard approach to a corporate H&S policy, without them, is to be lacking. Indeed there is now a train of thought, highlighted by the Resuscitation Council UK, that there may be repercussions for not having AEDs, should a case be brought (in the event of death) and the belief prevail that there was no ‘reasonable barrier to ownership’. This is naturally more prevalent for major retailers and other high footfall business than others, but it serves as an indicator. The perceived hurdles to ownership, must be broken down, by being addressed and this is our ethos. If your corporate opinion is that you wish to provide this equipment, but require peace of mind in ownership, please see www.defib-plus.co.uk If at a time, when sadly we see the worst ambulance response times in living memory, you feel responsible for your staff and visitors, let’s talk responsible care, with responsible ownership. We welcome the chance to assist you. Tel :- 0333 3355667 Buy the time to save a life.

WA S RAYN A D UETVHEONR I T Y PNREI M BFFF were the first trade association to join the original Home Authority Scheme in 2004. We are also members of a Primary Authority user group, led by the Government Department for Business, Energy & Industrial Strategy (BEIS). This is to increase member engagement in the Primary Authority Scheme that is available to all BFFF members.

Direct partnerships: A direct partnership with a Primary Authority can look at your specific policies or operating procedures on site and assure themselves that you are operating within the law. In effect they endorse your operations and policies. Given their legal status as a Primary Authority partner this advice then has legal backing for your business. Under a direct partnership you pay an annual fee for 8 hours of support. (Extra hours can of course be purchased) Co-ordinated partnerships: BFFF operates a co-ordinated Primary Authority scheme, and we have an expanding range of sector-wide advice. This partnership operates in the same way as the direct partnership but you don’t need to deal with the Primary Authority directly, BFFF does that for you. You can also rely on this advice as it also has the legal backing for your business. This partnership is free of charge, however, advice is industry level and not specific to your organisation, however, this does not reduce the validity of the advice issued.

Primary Authority is a means for businesses to receive assured and tailored advice on meeting regulations such as environmental health, trading standards or fire safety through a single point of contact. This ensures start-ups get it right at the outset and enables all businesses to invest with confidence in products, practices and procedures, knowing that the resources they devote to compliance are well spent. Primary Authority is based on legal partnerships between businesses and individual local authorities and / or fire and rescue authorities. Businesses can set up their own partnership or join through BFFF as part of our existing partnership.

Any BFFF member can benefit from advice, whether it is tailored to your business or sectoral advice put in place by BFFF.

What is Primary Authority? Primary Authority is a government-run scheme that helps protect businesses from unnecessary legal challenges. It helps to ensure businesses operating in the food sector are doing so safely and legally. Once you have Primary Authority advice signed off within a registered partnership, if you are following the assured advice issued by the PA, and it covers the issue arising, your operating practices can’t be challenged by any other enforcement authority.

If you would like more information about joining the scheme, please contact simonbrentnall@bfff.co.uk

BFFF NEWS BRITISH FROZEN FOOD FEDERATION HEALTH & SAFETY EXPERT GROUP Our Health & Safety Expert Group met again this week to discuss industry related topics. We welcomed a new member to group, Richard Bufton of Lineage Logistics.

Our guest speakers included: Neil Wells Latus Health & Kelly Coggon of IDC (Occupational Health Providers) and

In this meeting, we discussed emerging issues with our group of H&S professionals. Topics covered included the new BFFF assured guidance for Emergency Arrangements and Treatment in the Event of Eye Exposure to Ammonia, Freezer Risk Assessments and Stress Risk Assessments.

Andy Mee of Tilisafe (Training Software Solutions Providers). If you are thinking of joining the BFFF Health & Safety Group, want to find out more about the Primary Authority schemes or emerging issues, please contact us for more information simonbrentnall@bfff.co.uk.

We were also joined by our membership primary authority provider, Helen Atkinson of Wakefield Metropolitan District Council who talked us through some emerging issues such as freight containers as a confined space / hazardous atmosphere, drugs & alcohol, driving at work, vehicle load security, welfare at work, congestion charges leading to HGV’s decanting stock just outside of ULEZ areas, energy costs/knock on effects and noise.

The next meeting will be held on the 20th of March 2024

BFFF NEWS BFFF NFUM HEALTH & SAFETY DAY We recently invited our members to attend a Health & Safety day at the NFUM premises in Stratford Upon Avon.

In terms of the standard of driving, in order to prove the new offence, the prosecution still only need prove that the driver's standard of driving fell below the requisite standard, which is often as little as a momentary lapse in concentration. So, for the same error of judgment whilst driving, a driver convicted of the new charge will not only lose their licence but will also be at risk of losing their liberty.

The Federation have a long term strategic relationship with NFUM, James Jordan and his team facilitated a very insightful day. With any NFUM event they always go the extra mile in terms of their preparation, planning and delivery, we all came away with a plethora of information.

I would just like to say thank you to all the speakers provided by NFUM Mutual and DWF Law.

We covered many topics including ESG, Refrigeration & Ammonia, Composite Insulated Panels, Fire, Lithium-Ion Technology, Electrical Risk and Corporate Claims. We were also joined by NFUM's legal partners DWF Law who gave us an update on changes in legislation and many case studies how recent cases had been settled.

We had a great attendance from BFFF members including: ·Brakes, ·Fresh Direct ·Holdsworth Foods ·Greggs ·Harvest Fine Foods ·COOK Trading

The legal update included the current status on the new driving offence of Causing Serious Injury by Careless Driving. 'Causing Serious Injury by Careless Driving' will be an either way offence, meaning that it can be dealt with in either a Magistrates' Court or a Crown Court. On conviction, a driver will be liable to a maximum sentence of 2 years imprisonment in the Crown Court and 1 year in the Magistrates' Court. In addition, a convicted driver will face an obligatory disqualification.

Simon Brentnall

The difference between an offence of 'Careless Driving' and an offence of 'Causing Serious Injury by Careless Driving.

ENFORCEMENT DOCKSIDE COMPANY SENTENCED AFTER WORKER SERIOUSLY INJURED ON TRAWLER A dockside warehousing company has been fined £127,500 after a worker fell 25ft through an open hatch on a trawler which had no edge protection. David Eggins, a father-of-two, was working aboard a fishing vessel docked at the quayside at Cattedown Road, Plymouth on 16 December 2019.

HSE has guidance available for safety on fishing vessels. Cattedown Wharves Limited, of Fisher House, Barrow-in-Furness, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Act. The company was fined £127,500 and was ordered to pay £13,767 costs at a hearing at Plymouth Magistrates’ Court on 29 September 2023. After the hearing, HSE inspector Emma O’Hara said: “David Eggins was seriously injured in a fall which should not have been able to happen. “The fine imposed on Cattedown Wharves Limited should underline to companies that the courts, and HSE, take a failure to follow the regulations extremely seriously. We will not hesitate to take action against companies which do not do all that they should to keep people safe.” This HSE prosecution was supported by HSE enforcement lawyer Alan Hughes.

While acting as a banksman for a crane lifting pallets of frozen fish from the vessel’s hold, Mr Eggins was knocked through an unguarded hatch by an unsecured wheeled bin, as the vessel moved on the water. He fell between 25/30ft onto the floor below suffering multiple fractures to his head, neck, back, pelvis and ribs. He also sustained internal bleeding and spent over three months in hospital. An investigation by the Health and Safety Executive (HSE) found that Cattedown Wharves Limited had failed to take appropriate precautions to ensure the safety of workers during the operation. They were in charge of the unloading operation and should have taken adequate measures to ensure the safety of their employees.

HSE October 2023

ENFORCEMENT MEAT COMPANY FINED AFTER WORKER SEVERS FINGERS A Herefordshire catering and retail butchers has been fined after a teenage worker severed three fingers and partially a fourth while operating machinery that hadn’t been suitably guarded.

The investigation also found the machine was not subject to routine guard checks. This meant an issue with the safety cut out device within the lid of the machine had not been detected or remedied. It was possible for the machine to be operated with the lid open resulting in access to dangerous rotating parts.

On 18 July 2020, the 18-year-old man was operating a grinding machine at LDA Meats Limited, Lyndon Business Park, Lower Road Trading Estate, Ledbury.

At Kidderminster Magistrates’ Court on September 26, LDA Meats Limited of St Ethelbert House, Ryelands Street, Hereford, England, pleaded guilty to breaching Regulation 11(1) of the Provision and Use of Work Equipment Regs 1998. The company was fined £8,000 and ordered to pay costs of £2,339.80.

While he was mincing some lamb, he slipped on the wet floor and, in an attempt to save himself, put his hand out and into the machine. This caused him to sever his fingers when his hand came into contact with the rotating worm thread in the machine.

Speaking after the hearing, HSE inspector Seren Linton said: “This incident could so easily have been avoided – instead a teenage worker was permanently disfigured at the very start of his working life.

HSE has guidance available for operating machinery here: Equipment and machinery – HSE An investigation by the Health and Safety Executive (HSE) found the machine had not been suitably and sufficiently assessed to identify the hazardous parts, the risks associated with the machine or the required control measures to prevent access to dangerous parts.

“Employers should make sure they properly assess and apply effective control measures to minimise the risks from dangerous parts of machinery.” This HSE prosecution was supported by HSE enforcement lawyer Jon Mack and paralegal officer Helen Jacob.

HSE September 2023

ENFORCEMENT HAULAGE COMPANY FINED AFTER WORKER DIES FROM INJURIES A haulage company in Wales has been fined £100,000 after a worker fell from a loading bay and died.

Williams Haulage Limited, of Old Station Road, Cynwyd, Corwen, Clwyd, pleaded guilty to breaching Section 3 (1) of the Health and Safety at Work etc. Act 1974. The company was fined £100,000 and ordered to pay £8,400.50 in costs.

The 63-year-old, from Hungary, had been preparing a load of trailers in his lorry ahead of departure from Williams Haulage Limited’s site at Deeside Industrial Estate on 16 March 2020. The load of trailers were due to be delivered to a site in Germany. He was not employed by Williams Haulage.

HSE inspector Matthew Pendle said: “Any fall can have devastating consequences – as has been shown in this case of a man working far from home. Haulage by nature means drivers who do not always speak English can visit sites – they must be protected.

The man was trying to reach the top of his lorry, with one foot on the loading bay and the other on the back of another lorry.

“This incident could so easily have been avoided had the company simply ensured the control measures and safe working practices were followed and that visiting drivers were informed of the site’s safety rules.”

However, he fell approximately 1.25 metres onto the concrete floor below when the adjacent lorry was driven away. He sustained severe head injuries and died at the Royal Stoke University Hospital on 16 May 2020.

This HSE prosecution was supported by HSE enforcement lawyer Nathan Cook.

The HSE’s investigation into the incident found Williams Haulage had carried out a risk assessment that identified the risk from falls and introduced control measures, but these had not been used in practice. There was a lack of supervision and monitoring by Williams Haulage to check that these control measures were being used by its staff. Additionally, insufficient consideration had been given to visiting drivers, particularly when English is not their first language.

HSE September 2023

ENFORCEMENT THREE COMPANIES FINED AFTER ENGINEER ELECTROCUTED IN HOSPITAL KITCHEN Three companies have been fined a total of £600,000 after an engineer was fatally electrocuted while repairing an appliance in a hospital kitchen.

BMI Healthcare did not identify that the RCD had not been fitted and the machine was operated for several years before the incident occurred. HSE guidance on electrical safety can be found here: Electrical safety – HSE

Craig Stocker, working for Serviceline (part of AFE Group), died on 13 December 2017 while fixing a macerator (food waste disposal unit) at Bishops Wood Hospital, operated by BMI Healthcare (now known as Circle Health Group Limited) in Northwood, Middlesex.

Following a trial at Southwark Crown Court: BMI Healthcare (now Circle Health Group Limited), of Cannon Street, London, was found guilty of breaching Section 2(1) and Section 3(1) of the Health and Safety at Work etc Act. 1974. The company was fined £450,000 and ordered to pay £106,895 in costs on 3 October 2023.

The 36-year-old, who was originally from Stevenage, Hertfordshire, but lived in Letchworth, came into contact with a metal section of the macerator that had been electrified as water had entered the machine’s wiring.

McFarlane Telfer Limited, of Westacott Way, Littlewick Green, Maidenhead, was found guilty of breaching Section 2(1) and Section 3(1) of the Health and Safety at Work etc Act. 1974. The company was fined £70,000 and ordered to pay £106,753 in costs on 3 October 2023. AFE Group Limited (trading as Serviceline) were found not guilty of breaching the Health and Safety at Work etc Act 1974. On 2 March 2022, Imperial Machine Company Limited, of Whisby Road, Lincoln, pleaded guilty to breaching Section 6(1) of the Health and Safety at Work etc. Act 1974. The company was fined £80,000 and ordered to pay £12,945 in costs at Southwark Crown Court on 3 October 2023. HSE inspector Kevin Shorten said: “Our thoughts today are with the family of Mr Stocker. He should have returned home safely at the end of his working day but, because of the failings of these three companies, he did not.

The macerator was not protected by an earth wire and there was no residual current device (RCD) to prevent fatal exposure to the electrical current. A Health and Safety Executive (HSE) investigation into this incident found that Imperial Machine Company’s design of the macerator had serious flaws. The earthing wire could be connected in a way that meant it was ineffective, and the equipment was also permanently live. When the macerator was installed by McFarlane Telfer in 2013, they had not acted on the manufacturer’s instructions, which required that a residual current device (RCD) was fitted.

ENFORCEMENT FOOD PROCESSING COMPANY SENTENCED AFTER WORKER SUFFERS SERIOUS INJURIES A company has been fined £20,000 after an employee’s arm was drawn into machinery and seriously injured. The worker, Piotr Zielinski, 58, from Nottinghamshire, was working for food processing company Belwood Foods Limited.

This led to skin and muscle being removed from Mr Zielinski’s right arm with his wrist also being crushed. His injuries required surgery. An investigation by the Health and Safety Executive (HSE) found that the access panel door was able to be opened freely whilst the auger was in motion. There were no controls in place to prevent the panel from being opened while the auger was moving. It was not locked or interlocked, and there was no safe isolation procedure for this weekly cleaning task.

His right arm was drawn into a machine and wrist crushed while cleaning poultry processing machinery at Belwood Food’s site at Lowmoor Business Park, Kirkby-in-Ashfield, Nottingham, on 22 November 2019. He had been removing debris that was trapped on the hinges of an open access panel door at the base of a hopper machine. The door had been opened to allow the debris to drain from the auger.

HSE guidance can be found at: Equipment and machinery – HSE Belwood Foods Limited, of The Henley Building, Newtown Road, Henley-onThames, Oxfordshire, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. The company was fined £20,000 and ordered to pay £7,839.21 in costs at Nottingham Magistrates’ Court on 9 October 2023.

While removing the debris however, the auger was still in operation and caught the worker’s right arm, drawing it into the machine up to the elbow.

HSE inspector Lee Greatorex said: “This injury was easily preventable. Employers have a responsibility to properly assess the risks from all aspects of their operations, including cleaning and maintenance, and implement effective control measures to minimise the risk from dangerous parts of machinery. HSE will not hesitate to take action against companies which do not do all that they should to keep people safe.” This prosecution was supported by HSE enforcement lawyer Samantha Wells.

ENFORCEMENT LEEDS BIRD FARM FINED AFTER WORKER SUFFERS SERIOUS BURNS IN SHED BLAZE A bird farm in Leeds has been fined £26,680 after a fire in a rearing shed resulted in serious injuries to one of its employees.

Yorkshire Game Farm of Woodlesford, Leeds, West Yorkshire pleaded guilty to breaching Section 2 (1) of the Health & Safety at Work etc Act 1974. The company has been fined £26,680.00 and ordered to pay £6495.20 in costs. HSE inspector Howard Whittaker said: “This fire was most likely caused by gas leaking from poorly maintained equipment, and could have led to this young man’s death. He was very lucky to escape with his life, but he will suffer increased sensitivity to sunlight for the rest of his life.

The incident happened at Yorkshire Game Farm, in Woodlesford, on 6th May 2020. The employee suffered second and third degree burns, and was kept in an induced coma at Pinderfields Hospital for five days, and not released from hospital until 12 days later. Leeds Magistrates’ Court heard that the employee had been installing gas heaters in a pheasant rearing shed, ready for a new crop of birds. Upon turning on the gas supply and lighting the heaters, the shed burst into flames, causing him significant burns and totally destroying the shed.

“The gas pipelines and equipment we found outside the shed was perished and cracked, indicating that it had not been maintained in a safe condition leading to the leak of gas causing an initial flash, followed by a fire inside the shed.

An investigation by the Health and Safety Executive (HSE) found that when the employee came to commission the heaters, it was highly likely that a leak of gas ignited, setting fire to the shed and the bedding put down for the birds.

“In addition, a gas tightness test should have been carried out once the equipment had been installed and before the gas equipment was used, to identify if there were any leaks. ”In sentencing Yorkshire Game Farm, the district judge remarked this was an accident waiting to happen.

The reason for the gas leak was not identified as all the gas piping within the building was destroyed, but gas equipment outside the building was cracked and perished, indicating that it had not been maintained.

“Had the equipment been properly maintained and operated, in line with industry standards and good practice, this dreadful accident would not have happened. This prosecution was supported by HSE enforcement lawyer Jayne Wilson and paralegal Louisa Shaw.

TRANSPORT HUB DRUG DRIVING PROBLEM AMONG YOUNGER MOTORISTS REACHES EPIDEMIC LEVELS A survey of 2,028 drivers conducted in March 2023 reveals almost a third (28%) of those aged 16-24 have themselves driven under the influence of illegal drugs or been a passenger inside a vehicle where the driver has taken illegal drugs within the 24-hour period beforehand. DVLA licensing data shows that approximately 2.5 million driving licences belong to this age group which when extrapolated to match the survey figures equates to up to 700,000.

IAM RoadSmart’s most recent annual Safety Culture Report showed that motorists of all ages consider drink and drug drivers as one of the biggest risks to their personal safety. Nicholas Lyes, Director of Policy and Standards at IAM RoadSmart, said: “IAM RoadSmart’s research clearly shows there is a shocking level of illegal drug-driving going on among younger drivers which risks not only their lives but the lives of all road users.

The research also found more than a third (32%) believe it’s more common to drive under the influence of illegal drugs than drink driving.

“Worryingly, almost a fifth of younger drivers would be unlikely to stop a friend or relative from driving under the influence of illegal drugs so it’s clear more needs to be done to educate drivers of the dangers, and a robust plan from government is urgently needed on how they plan to stamp out this issue.

More positively, over two-thirds (69%) of this age group would be likely to stop others under the influence from driving. However, almost a fifth (19%) of young drivers are unlikely to stop a family member or friend who was planning to drive while under the influence of illegal drugs.

“One thing the Government may wish to look at is developing a separate strategy to drink-driving for drugdriving alone. Alongside this, we need more police officers conducting roadside drug-tests as well as looking at offering drug-driving rehabilitation courses, much like we do for those convicted of drink-driving.”

Data published by the Department for Transport (DfT) revealed 2,500 casualties were in relation to drugdriving in 2021, a whopping 260% increase since 2012. Meanwhile Ministry of Justice statistics show that convictions for driving a motor vehicle under the influence of drink or drugs overall has increased from 41,457 in 2014 to 58,117 in 2022 – a rise of 40% even at a time of declining full-time dedicated roads police officers.

IAM RoadSmart September 2023

TRANSPORT HUB FREIGHT CONTAINERS CLASSED AS A CONFINED SPACE As a Federation we have been made aware of an increasing number of reportable incidents (RIDDOR’s) relating to people being overcome or suffering from asphyxia due to oxygen deficiency in freight containers.

Border control points are wellequipped to deal with the problem of confined spaces with many controls in place but in some cases regional distribution centres do not have the people or processes in place.

This can simply be caused by decaying or spoiled food during transportation due to refrigeration being faulty or turned off.

Members should be using safe systems of work relating to entering confined spaces and can follow HSE guidance HSE RR1178 – Freight Containers: Potential worker exposure to hazardous atmospheres at ports and distribution centres.

RR1178 - Freight containers: potential worker exposure to hazardous atmospheres at ports and distribution centres Workers at ports and distribution centres in Great Britain (GB) routinely open and enter freight containers. Freight containers are confined spaces: they have limited or no ventilation in transit and hazardous atmospheres can build up inside. This depends on the contents, their condition, and the length of time in transit. Some hazardous atmospheres have the potential to harm workers if breathed in. For example, they may contain toxic substances such as fumigants and carbon monoxide, or have dangerously low oxygen levels. Potential harm includes asphyxiation and ill health. Duty holders must have effective control measures in place to protect workers. HSE publishes guidance and an Approved Code of Practice for the Confined Spaces Regulations (1997) that will help duty holders. This report describes research into the potential for workers to be exposed, and control measures in use in GB. The research included a review of scientific literature, and observations and measurements made in 2017 to 2019 at volunteer sites - six ports and two distribution centres. The literature from 2000 to 2015 had reports of ill health incidents outside GB. Measurements of the atmospheres inside freight containers at the volunteer sites found a wide range of toxic substances and low oxygen levels. The researchers identified a range of good practice control measures at the six ports. Examples of good practice are training workers about the risks, and workers testing for hazardous substances in the atmosphere inside freight containers before entering them. The researchers did not find adequate safe systems of work at the two distribution centres. HSE is using these findings to inform engagement with the industry and local authority regulators. Visit the RR1178 report (PDF) 20

TRANSPORT HUB HAVE THE RIGHT WORKPLACE FACILITIES Helen Atkinson, our Primary Authority Manager at Wakefield Council raised the topic of welfare facilities for drivers at our recent expert group meeting. The HSE has put together some information to help to ensure you are providing the correct facilities for drivers and staff. For full details please follow this link

TRANSPORT HUB COMPOSITE PANELS AND ELECTRIC VEHICLE (EV) CHARGING POINT LOCATIONS We are currently seeing EV charging points being mounted on composite insulated panels (CIP’s). In some cases, these panels are highly flammable. In the below example vehicle charging points have been fixed directly to the panels by a competent electrician, you will notice how the steel skin protecting the foam core has been breached with electrical cables through. In addition, the voids have been filled with highly flammable expanding foam. Ignition sources such as the vehicle or charger can ignite the exposed core resulting in rapid fire and smoke spread leading to a risk to life and building/business loss

We remind our members of the guidance produced by NFUM and other insurers advising that ignition sources must be kept away from CIP’s. Lessons learned from the above is that although your installers are competent in terms of electrical competency in some cases they may not competent in fire safety and CIP’S your risk assessment must be reviewed before any installations are carried out. Please see below guidance: composite-panels-fire-safetyguide.pdf (nfumutual.co.uk)

WELL-BEING HEALTH AND WELL- BEING AT WORK The CIPD's health and well being at work survey is in its 23rd year. It aims to provide benchmarking data, information and analysis on current and emerging health and wellbeing practices. The research was gathered in March and April 2023 and is based on responses from 918 organisations covering 6.5 million employees. This year's report shows that workplace absences in the UK are at the highest rate in over a decade. Findings from the report include the following:

The research highlights that UK employees were absent an average of 7.8 days over the past year, compared to the pre-pandemic rate of 5.8 days. It finds stress to be a significant factor for both short and long-term absence, with three quarters (76%) of respondents reporting stress-related absence in their organisation in the past year.

The top causes of short-term absence are: Minor illnesses (94%), musculoskeletal injuries (45%) and mental ill health (39%). Causes of long-term absence are: Mental ill health (63%), acute medical conditions, such as stroke or cancer (51%) and musculoskeletal injuries (51%). Over a third (37%) of organisations reported COVID-19 as still being a significant cause of short-term absence. Organisations are attempting to address health and wellbeing issues overall through employee support. 69% of organisations offer occupational sick pay leave schemes for all employees and 82% provide an employee assistance programme (EAP). 53% of organisations surveyed have a stand-alone wellbeing strategy a slight increase from the previous survey in 2021 (50%).

In response, the CIPD is calling on organisations to have an open and supportive culture, where people can speak to line managers about health issues and access support and adjustments, such as flexible working options and health services.

CIPD September 2023

WELL-BEING TRY THE SHOUT TEST – PROTECT WORKERS’ HEARING The report goes on to say that while there are limited statistics on the prevalence of noise induced hearing loss (NIHL) in Britain, the most likely affected groups of workers are those who have been employed in the armed services, shipyards, construction, and agriculture.

Bosses who have to shout at work to get heard may not actually be angry! Instead, they may have a noise problem within the workplace. Research on noise induced hearing loss (NIHL) shows around a fifth of the British working population could be exposed to high noise levels while doing their job.

HSE has important guidance in relation to noise at work although evidence suggests new cases of occupational deafness is in decline.

While Britain has seen new cases of occupational deafness significantly drop over the past decade, the Health and Safety Executive (HSE) is urging workplaces to consider the shout test to manage noise at work and ways to give workers’ ears a break.

Bosses must assess and identify measures to eliminate or reduce risks from exposure to noise so that they can protect the hearing of their workers.

HSE’s noise expert Chris Steel said: “If you are shouting at work and can’t be heard from two metres away, the chances are there’s a noise issue. Try it out for yourself and see if you can be heard.

If you are already using hearing protection, it needs to be managed so try using CUFF: C = Condition; is the hearing protection in good condition?

“Preserving hearing at work is crucial as noise can cause temporary or permanent hearing damage.

U = Use: are workers using the hearing protection all the times they should be?

“But there needs to be a balance. While too little noise reduction could cause hearing damage, too much could isolate the worker and lead to accidents.”

F = Fit; does the hearing protection fit the wearer? F = Fit for purpose; have you selected hearing protection that gives the right level of noise reduction?

The issue of noise at work is the subject of a scientific report recently discussed by specialists in the field.

The full WHEC report on occupational noise is available.

The Workplace Health Expert Committee (WHEC) report says about 20% of the working population in Great Britain could be exposed to high noise levels (>85 dBA).

HSE October 2023

GUIDANCE MARTYN’S LAW The government have indicated that publicly accessible locations with a capacity of more than one hundred people (standard tier) will need to undertake easy and simple activities to meet their obligations. This will include the completion of free training, awareness raising and cascading of information to staff and completion of a preparedness plan. Those activities will include completing free training, raising awareness and cascading information to staff.

Following several terror attacks since 2017 including the Manchester arena, Martyn’s Law will keep people safe, enhancing our national security and reducing the risk to the public from terrorism by protecting public venues including retail and food and drink. It will place a requirement on those responsible for certain locations to consider the threat from terrorism and implement appropriate and proportionate mitigation measures.

The aim is to ensure staff are better prepared to respond quickly to evolving situations, aware of what processes they should follow, and able to make rapid decisions and carry out actions that will save lives. This could be as simple as locking doors to delay attackers' progress and access whilst guiding staff and customers to alternative exits. It could also enable lifesaving treatment to be administered by staff whilst awaiting the arrival of emergency services.

BFFF has booked one of 100 places at a government meeting to understand the detail of Martyn’s Law in 2024, this will provide useful information and support to all business across all sectors for preparing to comply with the legislation and hopefully find out a date for the Bill to be passed. It is expected that the new legislation will apply to anyone responsible for publicly accessible locations used for purposes such as entertainment and leisure, retail, food and drink, museums and galleries, sports grounds, public areas of local and central Government buildings (e.g., town halls), visitor attractions, temporary events, places of Worship, health, and education. Offices or private dwellings are not included.

Publicly accessible locations with a capacity greater than eight hundred people (enhanced tier) will also be required to produce a risk assessment and security plan, considered to a ‘reasonably practicable’ standard. As well as completing a preparedness plan. This will allow duty holders to assess the balance of risk reduction against the time, money and effort required to achieve a successful level of security preparedness - plus a recognised standard in other regulatory regimes (including Fire and Health and Safety).

The responsibility for implementation is down to the person who controls a premises or event. The Government will use a ‘scrutiny period’ to determine how charities, not-for-profits etc are affected.

EVENTS

EXHIBITION SPACE AVAILABLE contact charleyprice@bfff.co.uk or siobhan@bfff.co.uk

EVENTS

31st October 2023

10.00am - 11.00am

Celebrate 75 years of the BFFF with the biggest frozen food industry networking event of the year 21st November 2023 at the London Hilton on Park Lane. This event offers an excellent opportunity to network with industry colleagues from across the frozen food industry and this year will be no different as we celebrate 75 years of the BFFF and our famous lunch. 11.30 am Drinks Reception 1.00 pm Lunch in the Ballroom 3.00 pm BFFF President address followed by entertainment from our guest speaker 4.00 pm Event comes to an end in the Ballroom and the bar opens in the Wellington & Harvest Suite Tickets are now available for BFFF full members only.

Book Now 27

KEEP IT SAFE

British Frozen Food Federation Warwick House, Unit 7 Long Bennington Business Park Main Road, Long Bennington NEWARK, Nottinghamshire NG23 5JR Tel: 01400 283090 www.bfff.co.uk