Wales’ First Health, Safety and Employment Law Consultancy to be awarded BS OHSAS 18001*
ISSUE
01 2015
New Construction Regulations
Sign up to Our Workshop Subject to Parliamentary approval, new Construction (Design and Management) Regulations (CDM 2015) will come into force on April 6th 2015. To help organisations prepare for the changes in advance, Thomas Carroll Management Services will be holding a training workshop on Friday 27th March 2015 (see below for registration details).
COMPETENCE This will be split into its component parts of skill, knowledge, training and experience and, if it relates to an organisation, organisational capability. This will provide clarity and help the industry to both assess and demonstrate that construction project teams have the right attributes to deliver a healthy and safe project.
Changes to current regulations will affect the following areas:
DOMESTIC CLIENT EXEMPTION
PRINCIPAL DESIGNER
The ‘domestic client exemption’ will be removed.
The role of the CDM co-ordinator role (under CDM 2007) will be replaced by the Principal Designer. This means that the responsibility for the coordination of the pre-construction phase, which is crucial to the management of any successful construction project, will rest with the design team.
NOTIFICATION
CLIENT
Although CDM 2015 comes into force on April 6th, there are transitional arrangements in place that will run for six months until October 6th 2015.
To reserve your place, please contact Victoria Vaughan on 02920 853752 or email: victoria.vaughan@thomas-carroll.co.uk
Risky Business at a Glance
New Construction Regulations
Notification will only be required for projects lasting more than 30 days and involving more than 20 workers simultaneously, or exceeding 500 person days.
Health and Safety Week Increases to Statutory Maternity, Paternity, Adoption and Sick Pay Collective Redundancies A Recipe for Safety Published Unique Employment Tribunal Service Launched for Employers Updated Approved Codes of Practice
The new Regulations recognise the influence and importance of the Client as the head of the supply chain and that they are best placed to set standards throughout a project.
Thomas Carroll Management Services will be holding a training workshop on Friday 27th March 2015, 9.00am-12.00pm at our training centre near Cardiff.
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Health and Safety: The Facts Frequently Asked Questions Health, Safety and Employment Law Training Courses In Court
Risky Business
A Recipe for Safety Published
Health and Safety Week June 15 th – 19 th
Although the UK has one of the best health and safety records in the world, there is still room for improvement. Despite fatal injuries being at their lowest in 20 years, occupational health cases are on the rise. The aim of Health and Safety Week 2015 is to inspire employers and employees to embrace health in the workplace by instigating initiatives and programmes throughout the year. This year Health and Safety Week is being used to shine a much-needed spotlight on occupational health. While fatal accidents and injuries are falling year on year, the number of new cases in 2013/14 associated with work-related ill health and occupational disease rose to 535,000. For further information, please visit www.healthandsafetyweek.com
The HSE has recently updated and republished its health and safety guidance for the food and drinks industries which comprises of around 30 different manufacturing sectors.
Increases to Statutory Maternity, Paternity, Adoption and Sick Pay As of April 6th 2015, statutory maternity, adoption, paternity, additional paternity and shared parental pay will increase to £139.58 a week (up from £138.18). From April 6th 2015, the weekly rate of statutory sick pay will increase to £88.45 (up from £87.55).
Collective Redundancies
Potential Good News for Employers Where an employer makes 20 or more employees redundant there is, subject to particular criteria, an obligation to engage in a procedure known as collective redundancies. The collective redundancy procedure places an obligation on employers to consult with a trade union or elected representative for a minimum of 30 or 45 days depending on how many employees are likely to be made redundant. In the recent case of USDAW and another v WW Realisation 1 Ltd (in liquidation) and others (which related to the administration of Ethel Austin and Woolworths), the employees’ union USDAW successfully argued at the Employment Appeal Tribunal (EAT) that the UK’s definition of 20 or more employees under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 was incompatible with the relevant European Directive. As such, employers must collectively consult whenever they plan to make 20 or more redundancies within 90 days across their business, regardless of how many employees are in a single location. Employees who are not properly consulted as part of a collective redundancy can apply for a protective award.
The decision of the EAT was appealed by the Secretary of State to the Court of Appeal who referred the cases to the European Court of Justice (ECJ).
Employees who are not properly consulted as part of a collective redundancy can apply for a protective award A preliminary decision has been made on the case by the Advocate General and although the view is not binding, it is usually followed by the subsequent ECJ ruling in around 80% of cases. In the Advocate General’s view ‘establishment’ denotes the local employment unit to which the redundant workers are assigned to carry out their duties. Therefore, the Advocate General disagreed with the EAT’s approach. He recommended that the focus should be on redundancies made in a particular establishment, not across the whole organisation. This case is potentially good news for employers who, if the Advocate General’s decision is followed by the ECJ, will in future have more flexibility in terms of redundancy consultation.
Aimed at everyone in the food and drinks industry sector, including employees, supervisors, managers, directors and health and safety representatives, A Recipe for Life covers the main health and safety hazards in the food and drinks industries and gives practical advice on how to manage the associated risks. To download a free copy of A Recipe for Life, please visit: www.hse.gov.uk/pubns/priced/hsg252.pdf
Unique Employment Tribunal Service Launched for Employers Thomas Carroll has launched a new ‘No Win No Fee’* Employment Tribunal Service designed specifically for employers. Our unique employment service is designed specifically for any organisation currently facing an employment tribunal claim.
HOW DOES IT WORK?
•• We will undertake a free review of your case •• We will defend you on a ‘No Win, No Fee’ basis* •• If you lose, you will pay us nothing •• If you win, we will charge our normal hourly rate The average cost for an employer to defend themselves at a tribunal is £8,500** Kevin Price, Managing Director said: “We recognise that the uncertainty associated with defending an employment tribunal can have a detrimental impact on organisations. The aim of our ‘No Win No Fee’ service is to provide employers with peace of mind at what is already a very difficult time.” For further information, please contact Victoria Vaughan on 02920 853752 or at victoria.vaughan@thomas-carroll.co.uk *subject to term and conditions **Chartered Institute of Personnel and Development research
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Thomas Carroll
Risky Business
Updated Approved Codes of Practice As part of the Government’s ongoing review of health and safety legislation, the HSE has published a further three revised Approved Codes of Practice, including:
SAFETY OF PRESSURE SYSTEMS The aim of the Pressure Systems Safety Regulations (PSSR) is to prevent serious injury from the hazard of stored energy (pressure) as a result of the failure of a pressure system or one of its component parts.
SAFE USE OF LIFTING EQUIPMENT This publication is for those who work with any lifting equipment provided at work and those who employ such people. It sets out what you should do to comply with the Lifting Operations and Lifting Equipment Regulations.
SAFE WORK IN CONFINED SPACES This publication is for those involved in work within confined spaces, those who employ or train such people and those who represent them.
Frequently Asked Questions Portable Appliance Testing (PAT)
Key Health and Safety Facts for the United Kingdom Health and Safety regulations are designed to protect employees, employers and the public from harm arising from activities undertaken at work. See how they worked in 2013/2014:
1.2 MILLION PEOPLE who worked during the last year were suffering from an illness they believed was caused or made worse by their current or past work.
133 workers were killed at work in the United Kingdom. Of the main industrial sectors, construction, agriculture, and waste and recycling have the highest rates.
13,000 DEATHS EACH YEAR from occupational lung disease and cancer are estimated to have been caused by past exposure, primarily to chemicals and dust at work.
IS PAT COMPULSORY? No. The law simply requires an employer to ensure that their electrical equipment is maintained in order to prevent danger. It does not say how this should be done or how often. Employers should take a risk-based approach, considering the type of equipment and what it is being used for. If it is used regularly and moved frequently e.g. a floor cleaner or a kettle, testing, along with visual checks, can be an important part of an effective maintenance regime. This can give employers confidence that they are doing what is necessary to help them meet their legal duties.
8,000
629,000
occupational cancer deaths each year. 50% of these are caused by past exposure to asbestos.
injuries to employees occurred at work according to the Labour Force Study. 148,000 of these led to over 7-days absence.
77,593 injuries to employees were reported under RIDDOR.
DO I NEED TO TEST NEW EQUIPMENT? New equipment should be supplied in a safe condition and not require a formal portable appliance inspection or test. However, a simple visual check is recommended to verify the item is not damaged.
13,790
Health and Safety Training Courses •• Accident Reporting and Investigation •• Asbestos Awareness •• CDM Awareness •• Confined Space Entry •• Conflict Management •• COSHH Awareness •• Developing Method Statements •• Display Screen Equipment Risk Assessment •• Directing Safely •• Employee Safety Awareness •• Event Management •• Fire Warden •• Fire Safety Awareness •• Health and Safety Awareness for Line Managers •• Health and Safety Awareness for Trade Apprentices •• IOSH Managing Safely •• IOSH Managing Safely Refresher •• IOSH Working Safely •• IOSH Working Safely Refresher •• Managing Contractors •• Manual Handling Awareness •• Manual Handling Train-The-Trainer •• NEBOSH National General Certificate •• Needlestick and Sharps Awareness •• Office Safety •• Managing Permits to Work •• Principles of Risk Assessment •• Representatives of Employee Safety •• Safe Use of Ladders •• Safe Use of Work Equipment •• Stress Management •• Stress Management for Managers •• Working at Height •• Working Alone Safely
Employment Law Training Courses •• Employment Law Essentials •• Absence Management •• Unfair Dismissal •• Employment Law Awareness for Managers •• Recruitment and Selection •• Managing Disciplinaries and Grievances •• Age Discrimination •• Compensation and Settlement in the Industrial Tribunal •• Disability Discrimination •• Race Discrimination For further information, please contact Victoria Vaughan on 029 2085 3752 or email victoria.vaughan@thomas-carroll.co.uk
enforcement notices were issued by enforcing authorities
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Risky Business
In Court B&Q Fined Following Forklift Crush DIY giant B&Q has been fined £65,000 plus costs after a member of staff suffered crush injuries when she became stuck between a wall and the forklift truck she was operating at the company’s Yeading store warehouse. An investigation into the incident, carried out by Hillingdon Council, discovered that B&Q had not provided a safe system of work for parking the Mini Bendi truck in the warehouse as the operator had no option but to reverse park the forklift. Arrangements within the warehouse should not have permitted this to have happened and as a direct result the forklift operator became trapped.
B&Q was fined £65,000 and was ordered to pay £18,500 costs to the council. Richard Heller, prosecuting, told the court that the company had failed to apply its mind to the risk of reverse parking the ‘Bendi’ in a confined space and had failed to heed warnings about this. In passing sentence, the Crown Court judge accepted that the “protection of the vehicle was given precedence over the safety of the employees.”
Two subcontractors have been handed eight-month prison sentences, suspended for 18 months, after a worker was killed when part of a 33-tonne metal barge he was dismantling collapsed on top of him. William Ward, 56, from Handsworth, Sheffield, sustained catastrophic crush injuries in the incident at European Metal Recycling Ltd’s Kingsbury depot.
Care Home to Pay £135k Following the Death of an Elderly Resident The owner of a Leicester care home has been sentenced for safety failings following the death of an 85-year-old resident who became trapped between a wardrobe and a radiator, causing him to suffer serious burns.
It also found Western Park Leicester Ltd was aware that Mr Powley was at risk of falls and injury and that staff should be vigilant, but the company failed to assess the risks in his room and take appropriate action to control and manage them.
Walter Powley was admitted to Western Park View care home for emergency care after an occupational therapist advised his family he could no longer be safely left alone at home due to his risk of falling.
Western Park Leicester Ltd, was fined £100,000 and ordered to pay a further £35,000 in costs.
Leicester Crown Court heard that four days later Mr Powley fell in his room and became trapped between a wardrobe and radiator. He suffered serious burns right through the skin of his right leg from the radiator pipe and valves, and superficial burns to both legs probably from hot water leaking from the valve. He died in hospital from his injuries eight days later. The subsequent HSE investigation found the pipes and valves at the home, owned by Western Park Leicester Ltd, were not covered and to touch had temperatures of around 73 degrees centigrade.
Thomas Carroll Group plc, Pendragon House Crescent Road, Caerphilly CF83 1XX t 029 2088 7733 www.thomascarroll.co.uk w info@thomas-carroll.co.uk e Cardiff Swansea Pembrokeshire Hereford
Suspended Sentences for Subcontractors
The company failed to assess the risks in his room and take appropriate action Speaking after the hearing, HSE inspector Dr Richenda Dixon said: “This was a foreseeable and preventable fatal incident. While most of the residents at Western Park View are physically disabled with limited mobility, Walter was not. He was more mobile, and known to be so, hence at greater danger from any risks in his room.”
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Warwickshire Crown Court heard that Mr Ward was working for and alongside brothers, Stuart and Dennis Cheesman, to cut and dismantle two large steel barges using oxy-acetylene torches. Mr Ward had finished cutting through the outer skin of the barge’s hull and had moved inside the now unsupported structure to cut some supporting braces when the side collapsed in on him. The married father of two died at the scene. The brothers, who were contractors working for European Metal Recycling (EMR), failed to ensure the barge was adequately supported to prevent a possible collapse, and did not properly assess or manage the work. Stuart Cheesman, 42, and Dennis Cheesman, 47, both pleaded guilty and were each sentenced to 8 months in prison, suspended for 18 months and ordered to carry out 100 hours of unpaid work in the community. They must both also pay costs of £3,000 each. The sentencing follows an earlier hearing when European Metal Recycling Ltd was fined £150,000 after HSE identified serious flaws with the method of work being used to dismantle the barges.
Disclaimer: This newsletter is designed to keep readers abreast of current developments. It is not intended to be a comprehensive statement of law and specialist legal advice should always be sought in relation to any particular circumstance. Therefore, Thomas Carroll Management Services is unable to
But why wait until then? Kevin Price is always available to hear your views, call him on 029 2085 3732
accept liability for any errors or facts or opinion contained within. * Awarded by the British Standards Institution.