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REGULATORY REVIEW A louder voice in government
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THE MAGAZINE FOR CIEH MEMBERS
www.cieh.org April 2021 Volume 36 Issue 3
THE BIG INTERVIEW H&S and the ‘male lens’ problem
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THE KILLER
INVISIBLE
How EH and the police unlocked the truth about a CARBON MONOXIDE POISONING
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Think Publishing Ltd Capital House 8th Floor 25 Chapel Street London NW1 5DH 020 3771 7200 EHN is published 10 times per year and printed on paper made from pulp sourced from sustainable materials. The views expressed in the magazine do not necessarily reflect those of CIEH. All information is correct at the time of going to press. Articles published in the magazine may be reproduced only with the permission of CIEH and with acknowledgement to EHN. CIEH does not accept responsibility for the accuracy of statements made by contributors or advertisers. The contents of this magazine are the copyright of CIEH. Ideas and letters to the editor are welcome. EHN is mailed in a wrapper made from potato starch and is fully compostable. You can even use it in your kitchen caddy.
10
BOLD STEPS TOWARDS A GREATER ROLE
12
FOR EH IN PROTECTING THE PUBLIC
LOUISE HOSKING: REDRESSING THE GENDER IMBALANCE
05 UPDAT E
News FSA sets out modernisation programme for regulatory regime; Environment Agency CEO calls for ‘net zero plus’; debate on GM and GE foods; labour think-tank pushes for H&S overhaul; and public supports stricter food standards.
EVE RY I S SU E 32 TALES FROM THE FRONT LINE How Michael Wanyama’s autosafety organisation cuts toxic emissions and saves lives in Uganda.
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Find your next job at www.ehn-jobs.com, and see how to further your career at www.cieh.org
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FEATU R E S 10 EXPLAINER The significance for EHPs of the UK government’s review of regulatory services in England. 12 THE BIG INTERVIEW IOSH president-elect and chartered EHP Louise Hosking talks health and safety in a pandemic.
1 7 YOU R CAR E E R 7 tips on… dealing with aggression at work.
2 1 L EGAL BR I E FI NG Opinion The changing face of the gig economy. Prosecutions Manslaughter sentences for carbon monoxide death; plus ‘drop-shipping’ dangers.
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APRIL 2021
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WELCOME
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EHPs will be on hand to help businesses – like the Marlowe Theatre in Canterbury – get creative with COVID-19 measures as they prepare to reopen
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Behind the scenes
O
RICHARD LEA-HAIR
W HO’S I NS I DE
GARY PARKINSONFRASER “This was the worst case I’ve dealt with, and the most shocking in terms of the behaviour of the men convicted”
MICHAEL WANYAMA “We raise awareness on areas that need urgent action and build the capacity of communities for mitigation”
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NE OF THE THINGS
that sets this profession apart from others is its ‘just get on with it’ attitude. EHPs are rarely fazed by a problem. They’ll roll up their sleeves and get stuck in, and not expect much in return. That means a lot of their work goes under the radar. Our president, Julie Barratt, pointed out in a recent webinar that EH is invisible when it works. So it’s up to CIEH to help make EH visible. We’re doing that partly through our public #chooseEH careers campaign (www.cieh.org/chooseEH). But another big part of the CIEH team’s role is to lobby governments and work constructively with departments and agencies to represent our members’ interests. We’re doing this all the time, whether that means sitting on the new Task and Finish Group that is examining what regulatory services will
look like in the future (see page 10 for more on that), or giving evidence about food exports to the Environment, Food and Rural Affairs Committee, as one of my fellow directors did last month. Or indeed working with the Food Standards Agency as it pushes through its new code of practice and competency framework (see page 5). No, we’re not happy with some of the content but equally, ours and the FSA’s goals are the same: to make our profession as accessible as possible, assure its longevity, and keep the public safe. We will continue to work with the FSA to find a solution – and will keep you informed.
DEBBIE WOOD Executive director of membership and external affairs APRIL 2021 / ENVIRONMENTAL HEALTH NEWS 3
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NEWS YOU CAN USE APRIL 2021
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The FSA’s new code of practice will enable a wider cohort of EHPs to undertake official food controls
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FSA updates food guidance and sets out competency framework Modernisation programme aims to ensure a ‘fit-for-purpose’ regulatory regime to protect consumers
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Standards Agency (FSA) has published its revised food law code of practice and introduced a competency framework for England and Northern Ireland. The FSA in Wales consultation closed as EHN went to press. The FSA said the changes involved a “modernisation of the baseline knowledge, skills and experience requirements” to allow a wider cohort of EH and trading standards officers in England, and EH in Northern Ireland, to undertake official food controls. WWW.CIEH.ORG
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Existing competency requirements have been replaced with a framework defined by competency, rather than by role. A new provision allows local authorities to deviate from the code in special circumstances, under FSA guidance. The FSA said it had considered the responses from the consultations, and that the codes reflected “current priorities, policy and legislative requirements” so that food control activities by local authorities and port health authorities remained “effective, consistent, and proportionate”.
Maria Jennings, director for regulatory compliance, people and Northern Ireland, said further reviews of the codes were expected over “the next few years” to bring in the FSA’s modernisation programme, reforming the regulatory delivery to ensure a “fit-forpurpose and sustainable regime that will protect consumers”. CIEH’s director for Wales, Kate Thompson, said the organisation was disappointed that many issues in its consultation response were not taken on board. She added: “We are keen to continue our
engagement with members to understand the impact of the changes and whether they deliver the stated outcomes.” Jon Buttolph, CIEH’s head of membership, said: “We have worked extensively with the FSA to ensure that our qualifications align with their new requirements, and on mapping our existing qualifications to their competency framework. We will continue to work with employers to meet their needs and ensure that practitioners have the skillset that is required in an evolving landscape.” APRIL 2021 / ENVIRONMENTAL HEALTH NEWS 5
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will not be enough to save our planet from climate change and we must aim for ‘net zero plus’, said Sir James Bevan, the chief executive of the Environment Agency. Net zero carbon means reducing the 51 billion tonnes of greenhouse gases released into the atmosphere each year to zero. Speaking at the Whitehall and Industry Group in March, Bevan said that at this point we will no longer be contributing to climate change, but it won’t be enough to reverse all of the damage and further effects will be felt for decades. Sea levels could still rise by up to 4.5 metres by 2300. Bevan said: “Global average temperatures have already warmed 1°C above pre-industrial temperatures, and we’re seeing evidence of more frequent and more extreme flooding; faster and more extreme coastal erosion; more frequent and more extreme droughts, water
‘COMPLICATED BY POLITICS’
We’re seeing more frequent and more extreme flooding, according to Bevan (left)
shortages and wildfires; and potentially permanent damage to habitats, plants, wildlife and cultural heritage.” As well as achieving net zero we need ‘net zero plus’, argued Bevan. This involves adapting to ensure we are resilient to withstand a climate-changed world. Infrastructure, cities and economies need to be built with
resilience, but within that lies an opportunity to improve, innovate and drive growth. Bevan said aiming higher would mean the difference between surviving and thriving. He said: “Net zero and adaptation are two sides of the same coin. We need both, and the best of all interventions are those that do both at the same time.”
Regulating gene-edited (GE) and genetically modified (GM) foods could be made “more scientific” and “less political”. This is according to DEFRA’s Dr Louise Ball about its consultation into views on GM and GE, speaking at the FSA’s food regulatory analysis conference. Ball was asked by an attendee whether the safety of GM products could be talked about in a more science-driven way. She said: “A decision about whether you authorise it [GM] is based on a scientific assessment of the risk. But that’s all been complicated, I think, by politics. Could we make [the system] better, make it more scientific, because that is the underpinning principle behind it?”
HOLES IN ENVIRONMENTAL STANDARDS AFTER BREXIT Brexit has left environmental problems at risk of getting worse, the coalition of green charities Greener UK has said. Charities in the coalition, including Client Earth, the Wildlife Trusts and the RSPB, argued this is because most of the UK’s environmental protections come from EU law. Leaving the EU has left holes in existing standards, and they fear new regulators – such as the Office for Environmental Protection – are weaker and
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less independent than those they replace. Greener UK has been tracking risk to environmental policies since 2017. The tracker covers eight areas and assigns a traffic light risk rating of red (high), yellow (medium) and green (low). The latest research classes half of these areas as high risk: air pollution; chemicals; waste and resources; and nature protection. None is marked low risk, with the remainder – fisheries;
climate and energy; water; and farming and land use – in the medium risk category. Sarah Williams of Greener UK said: “The government said Brexit would see improved environmental standards, but laws that protect people and nature are set to be weaker. “There is still time for the government to make its plans stronger, particularly for chemicals and air pollution, and follow through on promising proposals for farming.”
Air pollution is in Greener UK’s high risk category
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Update, 2 Workers put at risk by ‘underfunded’ COVID strategy
DATA
Think-tank calls for COVID-19 inquiry
H&S regulatory system needs overhaul, says IER
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exposed the weaknesses in health and safety regulation across the UK and an overhaul is long overdue, according to the labour think-tank the Institute of Employment Rights (IER). The institute is calling for a public inquiry into the UK’s health and safety regulatory system, and is establishing an in-depth two-year investigation to look into health and safety related to COVID and beyond, to find
potential solutions. The Committee of Inquiry will report back at the end of 2022. This follows the publication of its HSE and Covid at work: a case of regulatory failure report, highlighting the “underfunded, light-touch approach” of the government’s COVID strategy, working with an “underfunded” Health and Safety Executive (HSE), that failed to regulate risk to workers and communities. Alongside it were also a number of recommendations to improve the system.
HEADLINE FIGURES
40%
40%
35.4%
67%
of people testing positive had prior workplace or education contact
lower HSE spot checks May– September 2020 than the previous year
of call centre workers were seated less than two metres apart
of the public favoured random in-person checks of workplaces
£100m
lost to the HSE in cuts over the past 10 years
100,000 trade union health and safety reps not used in the pandemic
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EH SKILLSET KEY TO SUCCESS FOR HONORARY PROF An EHP has been made an honorary professor at the University of Stirling in recognition of his role as Entrepreneur in Residence. Scott Brady, whose career began with Dundee City Council as a trainee EH officer in 1981, became the university’s first Entrepreneur in Residence last year. He has run a string of successful businesses, starting with a pest control firm which he set up after 13 years in local government. He later trained in English law and now runs SB
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Global HR and Legal LLP, a legal consultancy. Prior to the role at Stirling, Brady was the University of Dundee’s first Entrepreneur in Residence, 2012-14. His role is to advise, encourage and inspire students who want to set up their own business. He works with the university’s management school, doing presentations and working with individuals to help develop their ideas.
Brady’s EH background complemented his entrepreneurial spirit. “My EH career taught me to put so much effort into preparing properly. I couldn’t have run any of my businesses without the discipline that working in local government taught me, and the moral ethics we had to comply with as well,” he said. “Doing top class work and valuing what you do is what’s important.”
REER TAUGHT BRADY’S EH CA E PROPERLY HIM TO PREPAR
AGM CALL FOR MOTIONS The 2021 AGM will take place online on 17 June. CIEH welcomes the submission of motions by voting members to the AGM. Any voting member intending to propose a motion must submit it in the correct format in writing to the Chief Executive, Chadwick Court, 15 Hatfields, London SE1 8DJ or via info@cieh.org by 2pm on 18 April 2021.
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Engagement is key to EHRB replacement
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standards and interventions to protect UK food security are supported by the public, with backing strengthened by the pandemic. A report from the Food Standards Agency, Demos, and Renew Normal: the People’s YS Commission on life GHT: PUBLIC SA OD FOR THOU FO after COVID-19 has OTIABLE’ RDS ‘NON-NEG HIGH STANDA found strong public support on a range quantitative data, with some AI of food issues. It found driven analysis. government intervention A majority (69%) supported ensuring food security is not children getting free school viewed as ‘nanny state’ and meals during the holidays in the since the pandemic 61% wanted pandemic, with 59% in favour more outreach on this issue. of the move after the pandemic On food quality standards, too. There was even strong 78% want them maintained support (51%) to move to regardless of expense – and high provision of free school meals standards were “non-negotiable” for all children – to prevent in future trade deals. It found if stigmatisation of poor students. cheaper foods meant lower Rose Lasko-Skinner and safety standards, people on low James Sweetland, report incomes ought to be protected. authors, concluded the crisis The research comprised a may have “given birth to a new mix of qualitative and type of consumer altogether”
who “cooks more, eats more at home” and is “more conscious of where their food comes from”. But this is just one in a series of polls illustrating that consumers want standards protected, or enhanced, following Brexit and COVID-19. Charity Unchecked UK has run a series of polls across a wide remit of areas and its latest work focuses on Wales. It finds the majority of people in Wales only want food meeting Welsh standards sold there – regardless of whether it meets rules in other devolved nations.
DATA
HOUSING INSECURITY
Shelter commissioned this YouGov poll looking into the impact of the coronavirus pandemic on housing:
6m
CIEH’s number one priority is “to get a grip on what it means to be a registered EHP”, according to chief executive Phil James. Speaking at a webinar to introduce CIEH’s new leadership team on 22 March, James said that the replacement for EHRB, which is now closed to new registrants other than in extenuating circumstances, will be “co-constructed with members and other stakeholders”. It should be ready later in 2021. In response to a question about the career path for new EHPs, he said: “We’re aware that while this project is unfolding and while there has been uncertainty about what’s replacing it people might feel disadvantaged.” He encouraged anyone who is unsure of their next career step to get in touch with CIEH. “We want to talk to individuals about their circumstances,” he said. Terenja Humphries, chair of the board of trustees, added: “The important thing is that we have the proper level of engagement.” Over the coming months CIEH will hold sessions with employers, educators and members, including another ‘meet the leadership team’ webinar on 17 May. Register for the latter at www.cieh.org/events
people in England more afraid of becoming homeless due to the pandemic
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2.2M people or one in four private renters fear becoming homeless
24% of private renters have had to borrow to pay rent
47% of private renters are depressed and anxious
18% in PRS cut back on food or skipped meals to pay rent
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Support for food standards and rejection of deregulation
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THE UK GOVERNMENT’S REVIEW OF REGULATORY SERVICES IN ENGLAND A government task group is investigating how to make regulatory services including EH, licensing and trading standards sustainable for the future. This is a huge piece of work that CIEH is a central part of and includes, among other changes, looking at the feasibility of introducing a chief EH officer for England
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WHAT’S GOING ON?
In January 2021, the Ministry of Housing, Communities and Local Government (MHCLG) announced that it had brought together a Regulatory Services Task and Finish Group. According to MHCLG, its role is to “coordinate central government’s asks of local authority regulatory services and consider how we support the sustainability of these essential services in the context of immediate pressures and in the longer term”.
WHO IS IN IT?
Senior representatives from councils, the Local Government Association, CIEH and the Chartered Trading Standards Institute, along with key representatives from across government departments and agencies, including the Treasury. The group’s work is being reported back to the Cabinet Office and is seen as an exemplar way of working.
WHY HAS THIS BEEN SET UP?
In short, regulatory services in councils (including trading standards, licensing and
EH) have faced capacity issues for some time – and COVID-19 has stretched them further. Councils are already running these services using a risk-based approach, and MHCLG says many of them have told it that they need a steer from national government to help them manage resources and inform local approaches.
WHAT IS THE GROUP DOING?
The group has been split into five workstreams (see right). As EHN went to press all five workstreams had had their first meetings.
WHEN WILL THERE BE OUTCOMES?
This is a six-month project, so look out for conclusions around July 2021.
WHAT IS PARTICULARLY IMPORTANT FOR EHPS?
A lot of the detail will be extremely relevant to local authority colleagues, not least the workstream looking at resourcing and capacity. Kate Thompson, CIEH director for Wales, is on that group and
has provided information on qualifications and routes into the profession. For the profession as a whole, though, the outcome of the workstream looking at a champion/sponsor in government could be a significant boost to its profile at national level. In effect, this workstream is exploring the introduction of a chief EH officer in England – similar to the role of Huw Brunt, the relatively new chief environmental public health officer for Wales, and Nigel McMahon, the chief EH officer in Northern Ireland. Gary McFarlane, CIEH director for Northern Ireland, is part of this workstream. CIEH President Julie Barratt is a keen supporter of this. “Recent events have shown the importance of EH across the board in tackling some of the key issues facing our country. It is about time this is reflected in government. For this new role to be effective they must be part of government, be an experienced EH professional, and sit in the chief medical officer’s department with the ability to advise government directly,” she says.
“Recent events have shown the importance of EH in tackling some of the key issues facing our country. It is about time this is reflected in government” 10 ENVIRONMENTAL HEALTH NEWS / APRIL 2021
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MHCLG regulatory review feature, 1
HOW IS CIEH CONTRIBUTING?
This is a really important crossgovernment initiative which recognises the vital role that EH makes to protecting the public, which has become more evident during COVID-19. CIEH is coordinating an advisory group of members who are feeding evidence into the five worksteams via the lead officers. “It’s encouraging to see so many EHPs involved and it’s also particularly encouraging that CIEH has been asked to contribute – testament to the increased profile of EH as a result of the fantastic work that EHPs have done during this pandemic, but also to the work that CIEH does to ensure that there is a voice for the profession into government,” says Gary McFarlane. “We will continue to provide direct input to workstreams and early indications are positive in terms of potentially strengthening EH professional input to future public health and health protection in England.”
HOW WILL CIEH KEEP MEMBERS INFORMED?
Keep an eye on the weekly Member Connect email from CIEH. We’ll also be following this important work in EHN. WWW.CIEH.ORG
PUBLIC FIGURES EH has been central to the COVID-19 response, particularly in supporting high street businesses
The workstreams, their leaders and their planned outcomes OUTCOME: Increase skilled capacity for regulatory services teams
FORWARD LOOK 2021 LEADER: Graham Farrant, chief executive, Bournemouth, Christchurch and Poole Council (EHP) OUTCOME: Increase coordination of new burdens to reduce concurrent impacts on LAs
Top: Huw Brunt, chief environmental public health officer for Wales. Bottom: Nigel McMahon, chief EH officer for Northern Ireland
BACKLOGS LEADER: Paul Lankester, assistant director, Birmingham City Council (EHP) OUTCOME: Ensure backlogs are managed pragmatically to reduce pressure on LAs as far as possible RESOURCING, CAPACITY AND QUALIFICATIONS LEADER: Kathryn Preece, Office for Product Safety and Standards (EHP)
REVIEW COST RECOVERY AND NON-COMPLIANCE CHARGING LEADER: Graham Farrant OUTCOME: Increase sustainability of cost recovery/charging for regulatory services CHAMPION/SPONSOR IN GOVERNMENT LEADERS: Janet Russell, Department of Health and Social Care (EHP), and Yvonne Rees, chief executive, Oxfordshire County Council and Cherwell District Council (trading standards professional) OUTCOME: Ensure clear representation of professions across government
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morning after the night before,” says Louise Hosking, president-elect of the Institution of Occupational Safety and Health (IOSH), and a chartered EHP, as our video call gets off to a 9am start. She’s recovering from the previous day’s intense activity: an online international congress to discuss inclusion in health and safety. Coffee in hand, she recalls a few facts from one of the presentations. “In the top listed companies 15% of senior health and safety professionals are women,” she says. “The statistics for general senior management in these companies is 29% women. This means statistically we have almost half the number of women in our profession compared to other roles within business. When this is combined with a predominantly male leadership, more likely in some sectors than others, we can miss a whole category of risk. We’re looking at the world through a male lens.” As the pandemic has crawled on, it’s not only health and safety that has been subject to this skewed view. Women in
“PPE designed specifically for women has traditionally been put into a ‘too difficult’ pile” work have been disproportionately hit by unemployment and the burden of childcare – and in the UK the finger of blame often gets pointed at the lack of female representation at the highest levels of government. In February the House of Commons Women and Equalities Committee published a report accusing the government of having ‘heavily gendered’ priorities for recovery, exacerbating existing inequalities.
GENDER BALANCE
This awareness of the ‘default male’ view is growing in health and safety circles, not least when COVID-19 crashed into our hospitals last year and suddenly PPE was the hot topic. “PPE designed specifically for women has traditionally been put into a ‘too difficult’ pile but this is changing now,” Hosking says. “But it remains an issue which is regularly debated when we talk
about gender balance in health and safety.” She says that ill-fitting clothing and safety footwear contributed to her own decision to move on from the construction industry (she now runs her own health and safety consultancy). For healthcare workers, masks, gowns and face shields tend to come in one ‘male’ size, and recent analysis at one healthcare trust found women were almost twice as likely to fail a respirator fit test than men ( 18.2% vs 9.7%). But Hosking thinks things are changing, partly because of public perception and pressure, but also because health and safety culture itself is changing. “Managing directors and chief executives have had to rapidly adapt to have a much deeper understanding of the risk to the health of their people in order to continue operating,” she says. “This has meant going back to risk-based principles: how is the infection spread, what are the controls that we need to be putting in place, what is the real risk to my people, what is the real risk to the business, and how are we going to manage this all in a very short period of time? As health and safety professionals we have been thrust to the front, working collaboratively across our organisations. This is something we
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EHP Louise Hosking, president-elect of IOSH, spoke to EHN about health and safety in a pandemic, how PPE problems have exposed gender bias, how this is being addressed in the health and safety profession, and how she owes much of her success to her EH training WORDS BY SARAH CAMPBELL 12 ENVIRONMENTAL HEALTH NEWS / APRIL 2021
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Hazel Gowland today and, inset below right, leaving home at the age of 18
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Big Interview: Louise Hosking, 1
A BROAD VIEW Hosking is seeing culture change across the health and safety landscape as company bosses have had to adapt to new working practices during the pandemic
Big Interview: Louise Hosking, 2
The big interview VERSION
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A WAY OF LIFE
As president-elect of IOSH, Hosking’s role is to be an ambassador for the profession, to understand
“For health and safety to be organised well in an organisation, you have to look at the entire business” and communicate IOSH’s research and work, and to talk to businesses. She’s passionate about health and safety being a way of life for organisations, not just an exercise that satisfies the regulators. And she credits some of this broad, holistic world view to her EH training. A long-standing CIEH member, she started her career in 1991 as an EH officer at Cambridge City Council, describing it as a “phenomenal place to work”, but decided the enforcement role wasn’t for her and she wanted to prevent problems from happening in the first place. “I felt I could do anything and go anywhere with the EH skillset,” she says. And it took her to the Co-op, and eventually to property consultancy Savills, where
she was head of environmental health and safety, before she left to set up her own consultancy. “To enable health and safety to be organised well in an organisation, you have to look at the entire business,” she says. “In my role as a consultant now I go into businesses and I help reshape those businesses to create a health and safety culture that goes all the way through, part of its DNA – but you do have to have an insightful leadership team who are ready to make that change for this to happen.” The COVID-19 pandemic may be making businesses more open to this kind of thinking: time and research will tell for sure, Hosking says. In the meantime she intends to keep using her IOSH platform and her EH and health and safety skills to keep pushing the ‘great strides’ that have been made by past generations of public health professionals. “In my first week of college back in 1988 I’ll never forget the lecturer saying that the progress that we’ve made in public health – good housing, clean water, pollution-free environments, safe places to live and work – have saved more lives than any medical breakthrough. I’m proud of my EH roots. And if we can grasp this time, businesses are going to need our skillsets in the coming years. Without a shadow of a doubt.” SHUTTERSTOCK
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have always asked for but has not always happened in the past, especially in relation to preventing occupational disease.” Companies that get it right reap benefits beyond the satisfaction of doing the right thing for their employees. “This will be a key focus for IOSH in the coming months as we start to look at sustainability. Investors want to invest in organisations who are valuing the health and wellbeing of their people and people want to work in these companies,” Hosking says. “By putting people at the forefront, they are creating safer workplaces that will be more sustainable, more resilient and offer good work which is valued. We are seeing culture shifts which start from business leaders because it’s not only the morally right thing to do but also the financially smart thing to do.”
in construction, design and management, Acoura Consulting 2000-01 Senior consultant, National Britannia 2001-05 Head of EH and safety, Savills 2005-present Director, Hosking Associates
THE HEALTHY PROFIT Why robust health and safety makes good business sense One of IOSH’s major research publications, aimed at business, is The Healthy Profit. Investors, it says, are demanding reassurances about compliance with an increasing regulatory emphasis on labour standards, ethical employment practices and supply chain conditions. But looking after your people 14 ENVIRONMENTAL HEALTH NEWS / APRIL 2021
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is about more than doing the ethical thing: the report cites research that found that for every euro invested in occupational safety and health, there is a return of €2.20. Not all businesses, however, get the message. Less than a third of business leaders that IOSH surveyed recognise health and
safety professionals as essential to the success of the business. The research was carried out pre-pandemic and, as Hosking says, could all be about to change as COVID-19 has forced employers into very different work practices. Future IOSH research will no doubt shed more light on this. WWW.CIEH.ORG
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Careers: dealing with aggression, 1
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Dealing with aggression How to stay cool when faced with anger and frustration
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angry and aggressive, it makes us more likely to react aggressively. When that happens, situations can get out of hand quickly. With premises reopening after such a long break, there’s the risk that tensions could be running high. Fortunately, there is a lot that we can do to make sure that frustrations don’t turn into a serious confrontation.
1. FEEL THEIR PAIN Acknowledge when people are getting frustrated and angry. For example, by saying: “I can see that you’re upset.” Using neutral descriptive words isn’t threatening and is unlikely to provoke somebody, but it can help to
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defuse a tense situation. Use a calm tone of voice, speak slowly, quietly and firmly.
2. SLOW EVERYTHING DOWN Body language can also worsen a tense or aggressive situation. The key is to move slowly and deliberately. Don’t get into somebody else’s personal space as this can feel threatening, as can fast, sudden moves. Keep your hands relatively open, stand with your shoulders back and head up. It’s fine to make eye contact, but don’t hold it for too long to avoid being confrontational.
3. PREPARATION IS KEY It’s important to learn to regulate your own moods – whether it’s via
exercise, meditation, time spent in natural surroundings or listening to relaxing music. It’s also worth researching breathing techniques. If you feel a situation is escalating and you need to get your own emotions in check, there are many exercises you can learn to slow down your heart rate.
4. IS IT EVER OKAY TO LOSE YOUR TEMPER? Losing your temper is understandable, but rarely helpful. You can let the person know they’ve overstepped the mark, but if the red mist descends you won’t be able to think clearly and will be more likely to make mistakes and act unprofessionally. APRIL 2021 / ENVIRONMENTAL HEALTH NEWS 17
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Careers: dealing with aggression, 2
Your career VERSION
Your aim should always be to de-escalate rather than inflame the situation.
5. RECOGNISE THE SIGNS REPRO OP SUBS ART
The cumulative effects of anger can have an impact on personal and professional relationships and our mental health. Stress affects our cognitive functioning performance so that decisionmaking can become impaired. Stress can also make us more reactive in conflict situations. Left untreated, these stressors can stack up and this can lead to self-soothing behaviours. It might start with Netflix binges and wanting to isolate but can lead to excessive drinking and worse.
6. FIND A SUPPORT NETWORK
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Psychologists talk about how personal connections create mental and emotional stimulation, which are automatic ‘mood boosters’. This is in contrast to isolation, which is a ‘mood buster’.
Somebody who has to handle a lot of conflict in their role – being shouted and sworn at – is more likely to start isolating, because they just can’t take it any more. If your work is affecting your mental health, talk to a colleague for a different perspective and seek advice from senior professionals. How do they handle a bad day? How do they handle confrontations? This should help you to feel less isolated.
ABOUT THE WRITER Olivia James is a coach and therapist specialising in treating anxiety and trauma and building confidence (harleystreetcoach. com)
EHRB CERTIFICATE OF REGISTRATION AWARDS Congratulations to: Folake Adewumi, Ozge Albayrak, Mykia Angus, Gemma Apperley, Natalie Armitage, Laura Armstrong, Emma Aston, Joanne Barnes, Alexandra Battye, Shephard Bhebhe, Gianpaolo Bonora, Samantha Bull, Simon Butcher-Collier, Nicola Cadzow, Sarah Clark, Sadie Cook, Graeme Cooke, Faustina Cudjoe, Mark Dewey, David Dovey, Katie Evans, Cosmas Eze, Parvej Faruque, Joe Ford, Leanne Gradwell, Danny Harvey, Sophie Hatfield, Curth Henry, Hannah Hoang, Sarah Holmes, Carol Hughes, Nadeen Hussain, Michael Hutchins, Mohammad Islam, Molly Jackson, Megan John, Zena Jones, David Lea, Calum Lewis, Catherine Lovett, Ben McCluskey, Haidy Marsden, Hannah Marsters, Praxedes Mayoua, Tatenda Mupoperi, Erica Myers, Jennifer Nelson, Wai-Tung Ng, Christine Oates, Naomi Ozieli, Rebecca Padfield, Lobsang Palmo, Dorothy Poulter, Tahir Rafiq, Hayley Rhodes, Nicola Richardson, Amanda Sherrington, Palminder Soomal, Emily Stone, Wing Lam Tsang, Cristina Vila, Nedra Waterman, Alexandra White, Matthew Willetts, Aneurun Williams, Etwell Zvikonyaukwa
7. IF IN DOUBT From an evolutionary and psychology perspective, if you’re suddenly confronted by one or more people and you feel intimidated, the first defence is often to try to make friends with them by being pally and jokey. If you can find some humanity in the connection, that’s great. But if that doesn’t work, walk away and leave the premises.
Please note that EHRB certificates of registration are now only issued in limited circumstances to candidates with extenuating circumstances.
SPOT L IG HT ON
Fundamentals of Building and Construction (Module 5) 29 April
BITESIZE TRAINING
COVID-19 Enforcement Options 30 March Food Allergen Enforcement and Compliance 31 March COVID-19 Enforcement Options 9 April Fundamentals of Building and Construction (Module 2) 13 April Fundamentals of Building and Construction (Module 1) 13 April Control of Listeria in Food Processing 13 April COVID-19 Enforcement Options 13 April COVID-19 Enforcement Options 15 April Food Allergen
INFORMAL NETWORKING
Enforcement and Compliance 19 April Statutory Noise Nuisance in a Post COVID-19 World (Module 2) 20 April LGA COVID-19 – Outdoor Events Guidance 22 April Works in Default 26 April Fundamentals of Building and Construction (Module 3) 28 April Fundamentals of Building and Construction (Module 4) 28 April
Housing Coffee and Catch Up 1 April Port Health Coffee and Catch Up 15 April CIEH CONVERSATIONS
Future of the Workforce 12 April COVID Q&A 15 April CONFERENCE
CIEH Air Quality Conference 21 April WORKSHOP
Basic Electrical Awareness 28 April
TO BOOK VISIT ww.cieh.org/events
18 ENVIRONMENTAL HEALTH NEWS / APRIL 2021
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CIEH 13th Housing and Health Conference
20–21 May, 9.30am – 1.30pm both days, online Who is it aimed at? Housing managers in both the private and public sectors, housing officers, EHPs and housing providers. What will I learn? The pandemic has underlined the importance of people’s homes, communities and access to green spaces. This conference will provide a strategic overview of work carried out in lockdown and its effect on future housing plans in the private rented sector.
Experts will deliberate on the Social Housing White Paper, which came out as a result of the Grenfell Tower fire. There will also be an update on the draft Building Safety Bill and its proposed reforms. How many hours of CPD? 5 hours How much is it? CIEH member: £99 Affiliate member: £199 Non-member: £199
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The pandemic has emphasised inadequate health and safety protection for drivers and couriers
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Court cases highlight gaps in health and safety laws and a judicial appetite for change in ‘flexible’ working
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Written by BY RHIAN GREAVES
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Reality bites in gig economy ITH ALMOST FIVE
million people working in the gig economy, some of the biggest names in business are part of this phenomenon. Lean structures relying on armies of flexible workers have created lucrative global operations. Uber hit the news recently when the Supreme Court confirmed that its drivers are ‘workers’ and not independent contractors. “Drivers are in a position of subordination and dependency in relation to Uber,” read the judgment. The gig economy model is a challenge to our health and safety laws, which were designed for more traditional structures with employees and small numbers of contractors. But this isn’t the first case to highlight gaps in the protections afforded to gig economy workers. Here we look at two cases that are laying the foundations for a more regulated future.
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CASE 1 FAILURE TO IMPLEMENT EU HEALTH AND SAFETY DIRECTIVES
The Independent Workers Union of Great Britain sought a judicial review of the UK’s implementation of two EU directives designed to encourage improvements in the health and safety of workers. The issue was highlighted by the pandemic; many Union members are drivers and couriers in public facing roles. They complained they were working without PPE and that social distancing was not being observed. Their roles also had higher than average rates of death from COVID-19 and so they had particular need for the additional health and safety controls required by the directives. Court rules against Uber
The Union argued the current law gave greater protection to ‘employees’ even though the EU directives were aimed at the protection of ‘workers’; a wider group. UK law should, they said, have reflected that position. The government and the Health and Safety Executive argued that existing laws were adequate to protect both employees and other workers. The High Court ruled that the UK had failed to implement the EU directives.
Gig economy workers should:
be able to take steps to avoid serious and imminent danger without being disadvantaged; be entitled to PPE when the risks involved in their work cannot be avoided or sufficiently limited by technical means of collective protection or by working methods and organisation. The government declined to appeal and must legislate to APRIL 2021 / ENVIRONMENTAL HEALTH NEWS 21
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Reality bites in gig economy fully implement the EU’s intentions.
PRO S ECUT IONS This month’s selection of interesting cases and the lessons learned
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CASE 2 UBER DRIVERS ARE WORKERS
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In February the Supreme Court confirmed that Uber drivers are not independent self-employed contractors as the transport app had contended. The level of control exerted by Uber from the moment drivers switched on the app was such that the drivers were ‘workers’. This landmark ruling entitles drivers to claim national minimum wage, paid annual leave, sick pay, minimum rest breaks and whistleblowing protection. The ruling is further evidence of a judicial appetite for change in how gig economy businesses are run.
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A working relationship can’t circumvent certain laws just because the dominant party labels it in a particular way. It is clear the courts are not just interested in the letter of any contract but also with the day-to-day reality. Businesses relying on casual workforces will need to rethink and restructure as the law eventually catches up with their more innovative business models.
Density meter detects low spirits
Optics illusion uncovered and publican charged with watering down whisky AUTHORITY: Cheshire West and Chester Council DEFENDANTS: Jia Tong Chen and Dunham Arms Ltd OUTCOME: (For the company) £1,125 fine; £620 costs; £113 victim surcharge (For Chen) £360 fine; £200 costs; £36 victim surcharge OFFENCES UNDER: Food Safety Act 1990
HOW IT PLAYED OUT
Rhian Greaves is associate partner at Pannone Corporate LLP
Uber drivers deemed ‘workers’, not independent contractors 22 ENVIRONMENTAL HEALTH NEWS / APRIL 2021
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THE STORY Senior TSO and trainee food safety officer Jay Moran was on a routine inspection at the Dunham Arms pub with his senior food safety officer colleague Nicola Cooper. It was only the second time that Moran had used the alcohol density meter in West Cheshire – and as he went through the optics he found something not quite right.
HAD A SUCCESSFUL PROSECUTION? Please tell us about it: email editor@cieh.org
The manager had been watering down the spirits. The most watered down was a 40% whisky that had 8.1% less alcohol than advertised – meaning well over 200ml of water had been added. The manager explained that after he refilled the large bottles on the wall with smaller bottles, he rinsed out the smaller bottle into the larger so as not to waste any of the spirit. “The explanation in this case is not one I have heard before,” said Moran. “One bottle could be
classed as an accident or one-off but this was nine bottles and shows a propensity. “The fines may not be huge but there is a duty to protect consumers and also ensure a fair trading environment.”
LESSONS LEARNED “Joint working can be hugely beneficial: trading standards and EH have a lot to offer each other,” Moran said. “I have learned lots about the legal procedure and especially about how pleas work. “Even a hugely compelling evidential robust prosecution case can be difficult to bring forward, especially where no recent historical pathway has been formed of similar local cases. “Having supportive colleagues who gladly shared their time and expertise was crucial.” Searching for proof
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AUTHORITY: Gateshead Council DEFENDANT: Jamie McPherson, formerly of Stuart Terrace, Felling OUTCOME: Eight month prison sentence, suspended for 18 months, for perjury; £200 with a sentence of seven days in prison should she default on payment for breaching a community protection notice; £300 costs OFFENCES UNDER: Anti-social Behaviour, Crime and Policing Act 2014; also perjury
Loud music complaints escalate
THE STORY This conviction was a result of a second summons to court within two years for Jamie McPherson. She had been prosecuted initially for failing to comply with a community protection notice for repeatedly playing loud music late at night. She failed to attend court and the case was heard in her absence. She was fined £660 and made to pay a £60 victim surcharge and £300 costs. Then, in July 2019, McPherson made a statutory declaration stating on oath that she was unaware of the prosecution and that she had never received the summons issued to her. Both the conviction against her and the sentence passed were rescinded.
HOW IT PLAYED OUT McPherson’s declaration was a lie, however. Catherine Smith,
technical officer in the development and public protection team at the council, said: “I, as the noise and anti-social behaviour officer, had lots of contact with Ms McPherson. “It was her style during the course of my investigation to frequently rail against action taken against her and be abusive during contact with me. When she received the summons it prompted her to contact me and to be verbally abusive. “She was advised to attend court with regards to the matter but chose not to. We decided to prosecute as she had been fully aware of the
summons and deliberately lied to the court about this.”
LESSONS LEARNED Smith said: “I have learned that, despite our best efforts to identify the root cause of someone’s behaviour and to help them to access help and get support for these underlying problems, sometimes this doesn’t work. “The council resolves most behaviour and noise problems by helping and supporting people but sometimes we have to take action to protect neighbours.” Product details half baked
That’s the way the cookie crumbles as Poundstretcher fined for inadequate labelling AUTHORITY: Swansea Council DEFENDANT: Poundstretcher Ltd OUTCOME: £24,000 fine; £6,950 costs; £181 surcharge OFFENCES UNDER: General Food Regulations 2004
THE STORY Discount retailer Poundstretcher was forced to remove products from hundreds of stores across the country after Swansea trading standards officers found biscuits and cakes in its Aldiva range didn’t carry allergy information. Officers visited a store on Gorseinon Road, Penllergaer, Swansea, on 18 September 2019 to look at products with foreign labels. Swansea Council had previously raised incidents with the primary
authority (PA) and FSA about Aldiva products – this time they found more products mislabelled.
HOW IT PLAYED OUT Targeted inspections of all Poundstretcher stores in Swansea found that products reported to the PA and FSA on the 18th were still on sale across all stores. These items were removed and the PA and FSA notified. Trading standards officer
DANGERS OF ‘DROP-SHIPPING’ “Several of the product ranges in Poundstretcher came from a business model called drop-shipping,” said Harries. “This is where the importer
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orders the product from outside the country, imports and distributes the product directly to the stores. “There are no validation
checks at the ports by the importer and Poundstretcher do not check their labelling in store. It poses a real threat to the safety of our food chain.”
Rhys Harries said a prosecution was decided on using a graduated enforcement approach. “A number of Aldiva products had been identified in November 2018 and March 2019 and, despite them being removed from sale, it was clear that there was a breakdown in the process for checking food labelling and safety. “When the new offences were discovered it was felt that further action was required.”
LESSONS LEARNED “If there is a large national chain it is important to ensure that the product is removed from all stores within the local authority. Despite the FSA issuing recalls and the PA being informed the products were removed, this wasn’t the case and it was only the actual visits that ensured all products were removed from the shelves,” Harries said. “The inspections were labour intensive but the value of removing unsafe products from the market cannot be overestimated.” APRIL 2021 / ENVIRONMENTAL HEALTH NEWS 23
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Noisy neighbour sentenced after lies in court and abusive behaviour to council team
Prosecution: in depth VERSION REPRO OP SUBS
‘I do wonder how the investigation would have gone if we hadn’t worked together right from the beginning’ How a local authority EHP worked with local police to secure a manslaughter conviction after a tenant died of carbon monoxide poisoning
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Two men were jailed after a tenant died in a flat above a shop from carbon monoxide poisoning caused by a petrol generator running in the shop’s storeroom. Mushtaq Ahmed of Roundthorn Road, Oldham, and Shafaq Khan of Gainsborough Drive, Rochdale, were sentenced at Manchester Crown Court to serve nine and eight years respectively. They were found guilty of gross negligence manslaughter and seven health and safety offences. Joao das neves Afonso, 58, a tenant of Ahmed’s, died in September 2017 after Ahmed and Khan,
who owned the shop below, then known as Diamond Mini Market, installed the generator in a storeroom directly beneath Afonso’s flat. (Read the news report at cieh.org/ehn-extra)
THE INVESTIGATION EHP Gary Parkinson-Fraser was health and safety team leader at Rochdale Borough Council at the time of Afonso’s death. He led the council’s investigation, working closely with Greater Manchester Police – a joint effort that was key to the successful prosecution. Here he tells us how that partnership worked. “It was on a Friday afternoon when I got a call from Greater
KILLERS Mushtaq Ahmed and Shafaq Khan were sentenced to nine and eight years respectively Manchester Police to inform me that a gentleman had been found deceased in his flat above a shop. They weren’t yet aware of the cause of death but they mentioned that a generator was being used, it was switched on in the shop below, and it was inside the storeroom.
“Alarm bells were ringing and I was thinking ‘carbon monoxide’. Straight away I set off to check whether the shop was open and what had happened to the generator. On my way the police confirmed that they had seized the generator and the shop was closed, so from my perspective there was no imminent risk. “We agreed with the police to have a meeting on the Monday morning to review what they had been able to establish, and basically work out a plan on how we could investigate this jointly. “Over the weekend I did a bit of speed reading of the Work Related Deaths Protocol (WRDP)
DEADLY CONSEQUENCES
After the mains electricity supply to the property at Wood Street, Middleton, was cut off, Mushtaq Ahmed and Shafaq Khan hired a generator and used it to back-feed electricity into the building’s supply, a highly dangerous practice.
BEDROOM Carbon monoxide fumes from the generator permeated the ceiling into Mr Afonso’s bedroom and killed him. 24 ENVIRONMENTAL HEALTH NEWS / APRIL 2021
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STOREROOM The HSE was able to prove a leakage pathway between the storeroom where the generator was running and the bedroom above it. WWW.CIEH.ORG
to refresh myself on working with the police and the coroner and the HSE. And I started to look at the criteria for gross negligence manslaughter, because it’s not something we’ve dealt with before. If the police started saying ‘manslaughter’ I wanted to know what offence it is and what you need to prove. “There are four tests for manslaughter. You’ve got to show that there’s a duty of care between the suspect and the deceased person. Immediately I was thinking Health and Safety at Work legislation: there’s a duty of care in law there – we knew there was a shop owner and a landlord so we had obvious suspects.”
BREACH OF DUTY “Then you’ve got to prove that there was a breach of duty, that they’ve failed to act as a reasonable person would. I was thinking, putting a generator indoors knowing the risks would fulfil that. “You’ve also got to prove the grossness of the breach – what was so bad about it. And then you have to establish a causation link between the deceased person and (in this situation) the generator. WWW.CIEH.ORG
“This was the most complex case I’ve dealt with, and the most shocking in terms of the behaviour of the men convicted”
“So we had this meeting. We found out that Ahmed and Khan had been stealing electricity, bypassing the meter, and that they’d hired the generator when the supply had been cut off. So there was a line of inquiry there to speak to the hire shop. I also offered up that we would look at getting an expert witness from the HSE to test the generator and confirm it had caused the gentleman’s death. “When I said to the police that I could use our powers to get this generator tested their faces lit up. I do wonder how the investigation would have gone if we hadn’t worked together from the beginning – the police don’t necessarily know EH’s role as a health and safety regulator. It was also helpful to have the WRDP to hand. Under that, the police
investigation takes primacy but ours must also be allowed to happen – so it was agreed that our investigations would run jointly and in parallel. “From there we started to build the case. I got HSE on site with the police, using our health and safety powers of entry, and they replicated the generator with a tracer gas that behaves the same way as carbon monoxide. They produced three lengthy reports, but basically they found that there was a leakage pathway between the storeroom where the generator was located and the bedroom upstairs where Mr Afonso died. It was concluded that the levels of carbon monoxide would quickly rise in the bedroom. The saturation level of carbon monoxide in Mr Afonso’s blood was 55%. Further tests were conducted using the generator
which was being overloaded whilst in use at the shop. “I had loads of help from my legal team and colleagues, and I was in contact with the police constantly. When it was ready, the Crown Prosecution Service took the file and things got really intense as they went through it with a fine-tooth comb and needed my technical expertise. I lost track of the number of emails I was getting.”
SHOCKING BEHAVIOUR “This was the worst and most complex case I’ve dealt with, and the most shocking in terms of the behaviour of the men convicted. All the way through they denied it, tried to blame each other, even told us they didn’t know each other. Right up until the end they wouldn’t give any kind of apology or acceptance of what had happened. “We had a really strong case and a really strong working relationship with the police. I’m pleased with the outcome because it will hopefully give some comfort to the deceased gentleman’s family – and these men are no longer out there doing the unacceptable things that they’ve been doing.” APRIL 2021 / ENVIRONMENTAL HEALTH NEWS 25
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Prosecutions carbon monoxide feature, 1
A generator in the shop made the flat above it a deathtrap
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WE CAN’T DO IT ALONE This is a community1 driven, grassroots project but we’ve partnered with other non-profits and government authorities as we lobby for the adoption of clean energy and transport systems.
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Michael Wanyama spreads the EH message to other mechanics
TA L E S FROM T H E FRON T L I N E
Michael Wanyama leads a small non-profit organisation in Kampala, Uganda, dedicated to cutting toxic emissions and saving lives
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people die each year due to air pollution-related diseases. Children under five are most affected as their systems are not fully developed to fight environmental toxins. Unfortunately, we lack strict laws and regulations on emissions to curb this. Our capital, Kampala, is heavily polluted and the smell of the streets during peak traffic hours can be sickening. Most vehicles are old, poorly maintained and physically smoking. This is partly due to the limited capacity of the mechanics maintaining them and the impact of counterfeit parts. I am a mechanic by training with no formal academic background in environmental health, but I have been learning over the past 10 years using online and offline resources, plus collaboration with experts in the field. That’s how I developed a passion for making a positive difference to our environment and public health through Wanyama Autosafety Initiatives (WAI), a non-profit operating in Kampala. Our objective is to improve road safety and environmental health. We raise awareness on areas that need urgent action, build the capacity of communities for affordable mitigation measures and disseminate information aimed at influencing policymakers. Primary target groups include local mechanics, motorists and industrialists. Engagement with mechanics starts by identifying makeshift garages that do not have the basic tools required to repair vehicles properly. Because they are cheap,
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WAI’s way: engaging with mechanics
they are the ones that attend to the largest number of vehicles in Uganda. We approach them through their leaders and promise to help train them. Currently, one common practice is the removal or modification of catalytic converters, allowing toxic exhaust gases into the atmosphere. Mechanics usually do this in an effort to fix engine-related problems but also sometimes maliciously for the platinum content. Other dangerous activities include spraypainting in open spaces and it’s not unusual to find a garage next to a pre-school or even a children’s hospital. What most motorists and technicians don’t realise, or realise too late, is that fixing one problem can lead to others that cause increased fuel consumption, loss of power and higher emissions as mechanics tamper with different engine management systems. As it says on our WAI shirts: “A little care makes accidents and pollution rare.”
Fundraiser platform: bit.ly/Kampala_air Michael Wanyama is executive director of Wanyama Autosafety Initiatives
DO YOU HAVE A TALE TO SHARE? Email editor@cieh.org
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IT TAKES A LOT OF COMMUNICATION It can be difficult to 2 change mindsets as many think it’s a politically motivated movement. We have to highlight how it’s a win-win situation for the environment, mechanics’ own health and livelihoods, and for the people around them. FINDING SUPPORT IS DIFFICULT As a start-up non3 profit, we need every kind of help we can get – financial, technical and moral – to run, scale and support this project. WE REMEMBER WHY WE’RE DOING IT WAI is comprised of 4 mothers and fathers and, as parents, our primary driver is a desire to pave the way for children in Uganda and beyond to live healthy lives.
Training garage workers helps reduce emissions
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Frontline: Uganda air quality, 1
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