Tel 01204 772977 or 07792 400 503
Comply at Work Upcoming Courses
P2-3
Method Statements
P4-5
Are Road Accidents Reportable?
P6-7
Safety Sentences
P8-9
Convicted for Having CCTV
P10-11
Fully Funded Training Workshops
P12-13
Construction Industry Training Board
P14
In the spotlight
P15
March 2017
P2 | Safety Snippets
Tel 01204 77 29 77 mobile 07792 400 503
Comply at Work OUR UPCOMING TRAINING COURSES…. Ask us about our special offers: Pick n mix sessions, free seminars and discounts for retained clients. Wed 22 March Fire Marshal Training 1 pm – half day £75.00 +VAT pp Thurs 23 March Emergency First aid one day £85.00 + VAT pp Fri 31 March Face Fit Testing £45.00 + VAT per person (morning session) Tues 25 April Manual Handling Awareness and Asbestos Awareness Pick and Mix afternoon. Thurs 27 April Emergency First Aid one day £85.00 + Vat pp Monday 15 May 1 pm Manual Handling and Asbestos Pick and Mix Places are limited on all these courses. Please contact us on 01204 772977 now to register your interest. e-mail info@complyatwork.co.uk www.complyatwork.co.uk
Safety Snippets | P3
Sn Saf ip ety pe ts Be prepared Tip 1. Because there are significant disparities in demands from clients, find out what they’re expecting before submitting your first draft. Tip 2. Most large companies will have a method statement evaluation form. Ask them to provide you with a copy so that you can carry out a pre-audit on your document before submission.
P4 | Safety Snippets
Tel 01204 77 29 77 mobile 07792 400 503
Comply at Work
Method Statements how to get it right first time You submitted a method statement and risk assessment to your client prior to starting on site. However, it was rejected as it didn’t contain enough detail about your proposed methods of work. How could you have avoided this? Devil is in the detail
More than opinion
When you submitted your safety documentation to the client you didn’t foresee it being rejected out of hand. The client returned it saying that they wanted a document that “goes into enough detail so that it could be handed to the site cleaner, they could read it, then get on with the job” .
This isn’t just one inspector’s opinion. The guidance that supports the Construction (Design and Management) Regulations 2015 makes it very clear that you are not to go overboard when it comes to site paperwork.
So do you really need to tell your experienced staff how to use their screwdriver?
The evaluation form is likely to have a number of questions that must be checked by whoever is reviewing your documents.
Wrong end of the stick Although your client may have misguided ideas on what should be covered in safety paperwork, when it comes to their site, their word is final. Tip. If they want a document that explains every part of the job in explicit detail, then that’s what you’ll be forced to provide them with. If you don’t, they’re unlikely to make an exception for you and your staff won’t be allowed to work on their site. Is this the norm? Demands such as this are not uncommon. Unfortunately, some businesses still feel the need to wrap themselves in paperwork before they allow work to start. Major construction contractors are some of the worst culprits. But is this what the HSE expects to see? Certainly not - our mole informed us that the HSE would rather see simple job or task-specific documents instead of pages of text that’s of no real use to anyone.
How to use this information?
Tip. Work through your method statement and make sure that you can tick off all the points raised. Common requirements raised on method statement evaluation forms include: a description of the planned work a logical sequence of works a list of all equipment to be used details of staff competencies interfaces with other contractors. Although going into explicit detail conflicts with what the legislation requires, many firms will still ask you to do this. Ask the client for their method statement evaluation form. Use it to check that you have ticked all the required boxes, e.g. include a logical sequence of works. If you would like a FREE ‘aide memoire’ template to assist in checking your own method statements inhouse, please let us know and we will email one on.
Source: Indicator
e-mail info@complyatwork.co.uk www.complyatwork.co.uk
Safety Snippets | P5
Sn Saf ip ety pe ts History On each occasion that the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) have come up for review, the HSE has resisted calls for the inclusion of road traffic accidents. The reason behind this is that collecting the data and responding to the reports would be very costly given the high number of work-related driving accidents. Additionally, the HSE says that it can obtain the information it needs from police reports. In the event of road accidents causing death or serious injury the police check to see if there is fault on the employer’s part so there would be duplication of effort if the HSE was also involved. Is this the whole story? It’s correct to say that the majority of collisions on the public highway are not reportable under RIDDOR due to an exemption set out in Regulation 14(3). However, there are some lesser known exclusions.
P6 | Safety Snippets
Tel 01204 77 29 77 mobile 07792 400 503
Comply at Work
Are road accidents reportable? We recently had a query form one of our retained clients on this topic… One of your employees has been involved in a traffic collision. Is it reportable under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013? Deliveries
Here are some examples…
If an accident involves loading or unloading a vehicle, even if it occurs on the public road, you may need to report it under RIDDOR. If your employee is injured in these circumstances submit the report as usual if they had a specified injury such as a broken arm or an over-seven-day lost time injury.
Q. One of your staff drives their car into a pedestrian colleague in your workplace car park. The victim is off work for more than seven days as a result of the injury. Is this reportable?
Roadside working A further exception applies to roadworks and roadside working. HSE advice is, “If an accident involves maintenance or construction work on the road, its verges or an adjacent building or structure, you must report deaths and injuries as normal.” Private roads If an accident occurs on a private road or private land it does fall within the RIDDOR criteria - assuming the level of injury or time lost has triggered the reporting requirement. Tip. To determine whether a road is private, consider not only if it is privately owned, but also whether it is not usually accessed by the public. The access road within an industrial site, for example, would usually be a public road for the purposes of RIDDOR even though it might be unadopted by the local authority.
A. Yes; the injury is of a level which could be reportable and the accident occurred on private land. Q. One of your staff is involved in a collision just outside your premises whilst trying to turn into your site. Could this be reportable? A. No; you wouldn’t need to report it under RIDDOR. However, if anyone was injured those involved would need to report it to the police. To summarise: Accidents on public roads only need to be reported if they involve either loading or unloading or maintenance or construction work on or adjacent to the road. There are no exemptions for accidents on private land. In all cases only serious accidents are reportable, i.e. over-seven-day or specified injuries. We assist our clients a great deal with RIDDOR queries. If you are unsure as to whether any type of accident or incident is reportable please get in touch.
Source: Indicator
e-mail info@complyatwork.co.uk www.complyatwork.co.uk
Safety Snippets | P7
Sn Saf ip ety pe ts
Health and safety sentencing guidelines one year on The rise in fines and the actions companies can take to prevent them
www.iosh.co.uk/sentencingguidelines
P8 | Safety Snippets
Prepared in partnership with Osborne Clarke LLP
Tel 01204 77 29 77 mobile 07792 400 503
Comply at Work
Safety sentences what’s happening? A study has examined the impact of the sentencing guidelines on health and safety fines. What has been identified and how might you be affected? Research. Nearly twelve months after the sentencing guidelines were introduced, the Institution of Occupational Safety and Health and law firm Osborne Clarke have examined their impact (see The link to a PDF below ). To recap, the sentencing guidelines were introduced to help the courts determine appropriate and consistent penalties for those who have breached their duties. What did they find? Penalties for health and safety offences are getting harsher. For example, the largest fine in 2016 was two and a half times the size of the biggest in 2015 and almost ten times the largest in 2014. Researchers found that total income from the 20 largest fines in 2016 (£38.58 million) was more than the total fine income for the 660 cases in 2015/16 (£38.3 million). No injury required. The guidelines are also a game changer when it comes to the HSE identifying a failure to effectively take care of risks. Prior to their introduction, those who failed to manage risks but avoided an accident were rarely fined, and if they were the amount was small. However, the researchers identified that this is no longer the case - injuries are not required for a prosecution.
The impact. The fact that penalties are becoming tougher should be more than enough to motivate you to get your own house in order and Health and Safety compliance up to scratch. Risky business. Something else to consider is that having a poor safety record could prevent you from obtaining new business. This is because your potential customers (especially larger businesses) don’t want to take risks. Firms are aware that if they employ others on a contract basis and there’s an incident, they could face a significant fine. Therefore, they only want to work with those who are unlikely to put them in such a situation.
The research identifies that fines are going up across the board. Be warned, this is making businesses very wary of those with a poor safety record, as they don’t want to face a fine if there is an incident. We are here to help, contact us for advice, guidance or just an informal chat to discuss any concerns. Health and safety sentencing guidelines one year on
Source: Indicator
e-mail info@complyatwork.co.uk www.complyatwork.co.uk
Safety Snippets | P9
Bu s By ine te ss
Tip. Interestingly, the ICO had formally written to K on a number of occasions advising her that she was in breach of the DPA regarding her use of workplace CCTV. Her defence to ignoring its communications was that she thought they were a scam. The use of CCTV must always be noted on your entry in the register of data controllers. If you need to amend your current DPA registration with the ICO to include CCTV, this can be done online or by phone.
P10 | Business Byte
Tel 01204 77 29 77 mobile 07792 400 503
Comply at Work
Convicted for having CCTV An employer who installed CCTV on business premises has been convicted of a criminal offence under the Data Protection Act 1998. You can have CCTV but what did this employer fail to do? Benefits of CCTV. There are many reasons why you might want to have CCTV installed at your business premises, e.g. it can be an added security measure and/or a deterrent to staff theft. If you use, or are thinking about, CCTV or other forms of surveillance cameras such as body-mounted or in-vehicle recording devices, there are three important things you must do. Three steps. Firstly, you must follow the CCTV Code of Practice issued by the Information Commissioner’s Office (ICO). Secondly, an impact assessment must be carried out. Although it sounds technical, this is simply an exercise that weighs up the benefits of having CCTV against the loss of employees’ privacy. Important point. The third thing you must do is register your use of CCTV with the ICO. Kavitha Karthikesu (K), who is a small employer, ignored this legal requirement when she installed CCTV in her business premises. The ICO was tipped off and in February 2017 she was convicted of breaching s.17Data Protection Act 1998 (DPA), fined £200 and ordered to pay costs totalling just under £450. The employer failed to note the use of CCTV on its entry in the ICO’s register of data controllers which is a legal requirement. If you need to amend your current registration to include CCTV, it can be done online. This advice was taken from: Tips & Advice Personnel
e-mail info@complyatwork.co.uk www.complyatwork.co.uk
Business Byte | P11
Bu s By ine te ss
Funded Training Accelerate Meta Change-ology© (AMC) Fully Funded - Training Workshops Personal Development ▪ Leadership & Management ▪ Think Differently
Make Your Breakthrough Now! You can have the best product, service and techniques in the world - but without the Life Skills, Mental Resilience - and a powerful Personal Development philosophy nothing works. In a changing world and an uncertain economy, your own Self-improvement and flexible thinking skills will be a major asset. This will have a direct effect on your life, career, personal success or business growth. It will also help you find your “WHY”, your true direction and achieve your goals. This is your opportunity gain an advantage and benefit from 100% Fully Funded (no cost to you) Accelerated Meta Change-ology© (AMC) training workshops – where you can learn new ways of thinking and create a success strategy to achieve your desired outcomes. “Success is 80% Psychology and 20% Mechanics” – Tony Robbins Accelerated Meta Change-ology© is a framework blueprint that utilises elements Neuro Linguistic Programming (NLP), Personal Development, Mental Resilience, Emotional Intelligence and Subconscious re-programming - to help accelerate awareness, confidence, motivation, creativity and personal growth. AMC© Training will enable you to learn:
Developing a powerful Personal Development philosophy Self-awareness and the awareness of others Understand your thoughts and develop a winning mind-set Change negative beliefs, habits and behaviours Overcome limiting beliefs Become a Creative Thinker and Problem Solver Learn Rapport & Communication Skills Develop Effective Strategies Build Confidence Understand Emotional Intelligence Become more Motivated Make a Paradigm change Create and achieving Goals
….and much more AMC© Training Workshops (10-12 people) 4 x 4 hour workshops run over 4 consecutive weeks Guided learning (post workshop), exercises, workbook 1-2-1 support
P12 | Business Byte
Tel 01204 77 29 77 mobile 07792 400 503
Comply at Work
Funded Training (...cont) Why is this Training Important to YOU? Each of us has around 70,000 thoughts every day. Often these same old thoughts recur, creating a negative loop at a subconscious level and we often find that one day is similar to the last. However, when you learn to change and control your thinking, you can begin to achieve new positive breakthroughs, make better decisions and produce the results you desire. “No problem can be solved by the same level of consciousness that created it.” - Albert Einstein AMC© training workshops are designed to support businesses (employers/employees) who are committed to self-development, upskilling and making positive change. Graham Stuart, will complete a Training Needs Analysis form (TNA) and paperwork prior to the training funding being allocated and your training place/s being confirmed. Were & When (Bolton and Greater Manchester) The training venue is: Compliance House, 5 Mason Street, Horwich, Bolton, BL6 5QP, Greater Manchester (easy access just off J6, M61) and the 4 x 4 hour training workshops will be run over 4 consecutive weeks in April: Friday 7th ▪ Thursday 13th ▪ Friday 21st ▪ and Friday 28th 2017. Registration and coffee is 9.00 and the workshop will run 9.30 - 1.00pm. Further training workshop programme dates include May – June – July – August – September – October – November – December. Places will be strictly limited to 10-12 people per training programme. What Others Say about this Training "Graham is a very effective trainer The AMC© Training exceeded my expectations" - Mr D.S. (MD of Environmental Construction Company) "Each training session re-enforced the learning's from the previous session. The visualisation technique session had profound results for me" - Mr B.R. (I.T Company) I learned overcame limiting beliefs and it all came together like a jigsaw puzzle in the final training session" - Mrs C.R. (MD of Occupational Health Training Business) "Everything is possible, it's up to me now" - Mrs J.T. (Accountant) Your Commitment Eligible businesses and employees will be 100% fully funded through the European Social Fund and Skills Funding Agency – providing you attend all 4 workshop dates allocated to you. Should any of the workshops be missed a “no show” fee of £200 will be charged to cover the cost room hire, training, loss of funding and other expenses. What to do Next To find out more, check availability and arrange to take advantage of this limited opportunity please contact Graham Stuart now on: 07870 222771
e-mail info@complyatwork.co.uk www.complyatwork.co.uk
Business Byte | P13
Bu s By ine te ss
CITB
(Construction Industry Training Board)
FUNDED TRAINING Are you registered with CITB? Did you know that if your business is in scope with CITB, you can apply for training funding for flexible or structured learning even if you do not pay a levy? the CITB want to encourage more small businesses to take advantage of this. “This funding focuses on the most needed construction training areas chosen in consultation with construction companies in 2015. Our aim is to help build a skilled workforce that will boost the industry in the long-term.� CITB (https://www.citb.co.uk/ funding/flexible-and-structured-funds/) Anybody who is registered with CITB is eligible for funding for training. You can register with CITB on line (www.citb.co.uk). Comply at Work would like to work in partnership with CITB and host a workshop with them where you can find out more about the funding and how you can get your share. Please contact us to register your interest so that we can plan an event where you can come and find out more information and give your Health and Safety Training a boost with CITB funding!
P14 | Business Byte
Tel 01204 77 29 77 mobile 07792 400 503
Comply at Work
in the spotlight We would like to congratulate our retained clients MA Brickworks and DM Tiling Ltd on acheiving CHAS accreditation
We welcome our new clients this month: Cannon Viking Ltd, Streford, Manchester Heaton House Nursery, Bolton
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