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|[pic] |HSA HEALTH AND SAFETY NEWSLETTER |

| |May - 2019 |

Index

2. Asbestos exposure

4. CIPD guidance

6. HSE increases FFI charge

8. Builder sentenced

9. Leicestershire company fined

Asbestos exposure putting lives at risk 20 years since ban

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• 5,000 deaths every year in Britain linked to past asbestos exposure

• Asbestos, which causes fatal cancer, banned in Britain in 1999 – but people are still being exposed to it today

• 135 companies ordered to stop work and 130 told to improve because of asbestos management failures since January 2018

• 31 fines – totalling £933,277 – and prison sentences handed down since January 2018

• Most recent sentencing, involving a Devon-based luxury hotel owner

Lives are still being put at risk by companies failing to manage exposure to asbestos – two decades after the deadly cancer-causing material was banned in Britain.

Since the start of last year, 135 companies or individuals have been ordered to cease work activities because of non-compliance with asbestos regulations, with a further 130 being warned they must improve.

A further 31 companies or individuals have been prosecuted for breaches, with fines ranging from £1 to £200,000 and some directors being given prison sentences. The latest company to be sentenced was a Devon-based hotelier, which was fined £80,000 after asbestos containing materials were disturbed during renovation work.

But while these companies are being hit in the pocket, the human cost of asbestos exposure at work is far greater, with at least 5,000 deaths every year in Britain being linked to it.

While it takes 20 years or more for exposure to lead to a cancer diagnosis, the Institution of Occupational Safety and Health (IOSH) is concerned that the number of buildings containing asbestos and a widespread lack of awareness and uncertainty on how to manage it – particularly among small and medium-sized organisations – means people will continue to become seriously ill in decades to come.

Despite being banned in 1999, it is present in at least half a million buildings constructed before this time, lurking in roofing, spray coatings, lagging, insulating boards, ropes, yarns and cloth.

Bev said:

“It is unacceptable that, 20 years on from asbestos being banned in Britain, organisations are still potentially putting at risk the lives of employees, their families and other members of the public. Courts fine some of the worst offenders, which causes significant commercial and reputational damage, but the human costs here far outweigh the financial cost.

“Thousands of people die in Britain every year from cancers like mesothelioma, while many more are diagnosed with it. We must also consider the families of these people, who have to watch their loved ones suffer.

“All this is preventable through good occupational safety and health. It is time for organisation to wake up and realise how dangerous asbestos is. There are no excuses.”

An IOSH-funded survey last year found there was a worrying lack of awareness among tradespeople about asbestos. Of 500 respondents, including electricians, carpenters, joiners and roofers, nearly one in four said they had been exposed to asbestos, while one in three admitted to never checking the asbestos register before starting work on a new site.

This lack of awareness is evidenced in some recent court cases:

Case 1

• A hotelier was fined £80,000 after asbestos containing materials were disturbed during refurbishment of bathrooms and bedrooms at one of its properties

• Concerns about asbestos had been raised by an employee but no testing was done, and work carried on for several months

Case 2

• A manufacturing organisation allowed its workers to demolish an internal wall, exposing them to asbestos.

• There had been no asbestos survey or up-to-date asbestos management plan for the premises. The company was fined £20,000

Former roofer Liam Bradley, 32, was diagnosed with mesothelioma after surgeons operated on a collapsed lung following a fall from height. While the dad-of-one isn’t yet showing any symptoms, his future remains unclear and he is urging organisations to provide more information for people at risk of exposure.

He said:

“I worked for a number of small organisations on quite a few refurbishment projects, yet I was told hardly anything about the risks of asbestos, so being diagnosed with mesothelioma came as a huge shock. “It is incredibly frustrating that people continue to be ignorant about it. I get the sense that a lot of people think it’s an old wives’ tale, something there to scare you. But it’s real. It’s happened to me, so it can happen to anyone else – businesses, and the people who work for them, need to make it a priority.”

Through its No Time to Lose campaign, IOSH is raising awareness of occupational cancer and some of the most common causes. Its current focus, which began a year ago, is asbestos. The institution has free resources which can assist businesses and individuals on how to prevent asbestos exposure. To find out more about No Time to Lose and how you can get involved .uk/gaaw2019

CIPD guidance published to help line managers support menopausal staff

29 March 2019

New guidance has been published to help line managers support female employees going through the menopause after new research found that three-quarters of women who took time off work due to their symptoms felt uncomfortable citing the reason for their absence. 

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Image credit: SolStock

Article date:

Friday, March 29, 2019 - 00:00

Some 1,409 women took part in the research by YouGov on behalf of the Chartered Institute of Personnel and Development (CIPD). It launched the practical guide (28 March) in response to the findings, which revealed three-in-five working women aged between 45 and 55 believed their menopause symptoms had negatively impacted them at work. 

 

Of those who were affected, 65% said they were less able to concentrate, 58% felt more stressed, and 52% were less patient with colleagues. 

 

Although 30% had taken sick leave because of their symptoms, only a quarter said they were comfortable telling their manager the real cause of their absence.

 

Privacy was the reason why 45% of respondents chose not to reveal why they had taken time off work. A third (34%) felt embarrassed and a further 32% said their boss was unsupportive. More women thought they were better supported by their colleagues (48%) when going through the menopause than by their managers (32%). 

 

In The Menopause at Work: a practical guide for people managers, the CIPD calls on employers to train line managers to have sensitive conversations with staff about the menopause, which can cause symptoms including hot flushes and night sweats, mood swings, anxiety or depression and sleep problems, when the menstrual cycle naturally stops as oestrogen levels decline. 

 

As menopausal symptoms on average last four years, the new guide says it is best described as a “transition” rather than a one-off event. 

 

It emphasises that even small changes like having a fan or access to flexible working can make a difference to how women manage their physical symptoms in the workplace.

 

The guide provides advice for managers on effective management style, including building relationships based on trust and respect so employees feel comfortable about raising health issues, holding regular and informal one-to-one meetings with team members, and asking workers how they are on a regular basis.

 

In terms of approaching a sensitive conversation, the guide advises line managers to speak calmly and maintain good eye contact, focus on the person not the problem, show empathy, and avoid judgemental or patronising responses. 

 

Rachel Suff, senior policy adviser for the CIPD, said: “It’s likely that nearly every workplace in the UK has someone experiencing the menopause right now but many managers are in the dark on how best to support them. Rather than it being a workplace taboo, line managers should be ready to treat the menopause like any other health condition and have open, supportive conversations with women in their teams. 

 

“Our guidance shows that if employers create a culture where everyone can talk openly about health issues, such as the menopause, women are much more likely to feel confident about asking for the support they need to be effective in their role.

 

“Managers also need to work closely with their HR teams to understand what simple, practical adjustments can be made to help women feel more comfortable and able to manage their work.”

HSE increases FFI charge by almost 20%

16 April 2019

The Health and Safety Executive (HSE) has increased its fee for intervention (FFI) hourly rate from £129 to £154.

FFI was designed to recover costs incurred by the HSE during regulatory action against organisations that fail to comply with safety and health law, thus transferring the financial burden from the taxpayer to the business.  

 

The new charge came into effect on 6 April and it is the second increase since the scheme was introduced in October 2012. The rate first went up in 2016, from £124. 

 

In a statement, the HSE said this can be attributed in part to the fact that the scheme has operated recently at a deficit.  

 

In 2017/18 the HSE reported a £1.9m loss from running FFI after the £15m it generated from fines to businesses was offset by its operating costs, which totalled almost £17m. 

 

It said: “HSE’s cost recovery rate for FFI will increase to £154 per hour with effect from 6 April 2019. This means that businesses that are found to be in material breach of health and safety law will be charged at this new rate. As now, those businesses that meet their legal requirements will not pay anything for HSE’s regulatory activity.

 

“HSE must set the FFI rate with the aim of recovering its full cost and in recent years it has operated at a deficit (i.e. cost more than recovered in income). A combination of this and cumulative inflationary pressures support the increased hourly rate.”

 

A material breach is defined by the HSE as “something which an inspector considers serious enough that they need to formally write to the business requiring action to be taken”.  

 

Speaking to IOSH Magazine, Charlotte O’Kane, associate at law firm Pinsent Masons, said: “The fee was originally £124 per hour to cover inspectors’ time and that went up [in 2016] to £129 per hour, which is a relatively small increase. This is a much more significant jump and duty holders will notice a difference in their FFI invoices given the roughly 20% increase in the hourly rate for HSE inspectors.

 

“It serves to emphasize the fact that organisations should ensure that they are complying with the law and operating safely. If an HSE inspector finds a material breach of health and safety law that is now going to be significantly more expensive.” 

Under the scheme, the HSE only recovers costs of its regulatory work from non-compliant duty holders found to be in material breach of safety and health law. 

The fee covers an inspector’s time spent identifying and resolving the issue, as well as any investigation or enforcement action up to the point where HSE’s intervention has been concluded or a prosecution is started, or in Scotland when a report is submitted to the Procurator Fiscal. It is calculated by multiplying the time spent on FFI activity by the hourly rate. 

 

Commenting on the increase in this month’s health, safety and environmental newsletter, law firm Weightmans said: “This represents a substantial increase and invoices may amount to thousands of pounds so businesses in receipt of these invoices should check them closely and, if appropriate, challenge the charges by raising a ‘query’ within 21 days of the date on the invoice. 

 

“As the charges may only be imposed once written notice of a material breach has been given, it would be wise to deny the material breach even if paying the invoice for other reasons.” 

 

 

Builder sentenced after putting workers at risk with unsafe work practices

A Salford building contractor has been sentenced after exposing workers to danger of falls from height and exposure to silica dust.

Manchester Magistrates’ Court heard how, in July 2018, whilst carrying out repointing work at a house in Altrincham, Kenneth Morris allowed his employees to work on unguarded platforms six metres in height. The workers were also not provided with adequate protection from silica dust during the removal of mortar.

The Health and Safety Executive (HSE) began investigating after receiving information from members of the public. During the investigation, it was found that Kenneth Morris had made a deliberate decision not to provide the correct scaffolding or means of dust capture in order to save money.  Mr Morris had also failed to insure his employees against any injury or ill health sustained during the course of their work.

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Kenneth Morris, trading as K & M Pointing of Basten Close, Salford pleaded guilty to breaches of Section 3 (1) And Section 2 (1) of the Health and Safety at Work etc. Act 1974 and Section 1 (1) of the Employers Liability (Compulsory Insurance) Act 1969 and has received a 26 week prison sentence suspended for two years, 180 hours community service and ordered to pay £2,000 in costs.

After the hearing HSE inspector Matt Greenly said: “HSE receives thousands of concerns from members of the public each year and we investigate those which show serious risk. Corners must not be cut when dealing with employees’ safety, such as working at height.”

Leicestershire company fined for health and safety failings after worker seriously injured

Sign-fitting contractor, AR Signs Limited, has been sentenced for safety breaches after a worker suffered multiple, serious burn injuries.

Sheffield Magistrates’ Court heard how, on 14th September 2017, the 22-year-old employee of AR Signs Limited was using a breaker tool to dig a hole for the posts of a new sign at the Hellaby Hall Hotel in Bramley, near Rotherham, when he struck a mains electricity cable, causing a large flash. The worker suffered burn injuries to the inside of his right arm, the top of his right hand, the inside of his left arm, and the right-hand side of his face. He also had burns to his hair, eyelashes, eyebrows and beard.

An investigation by the Health and Safety Executive (HSE) found that no cable diagram or ground scanner was used to determine the presence of the mains cable, and no training had been given in the use of the breaker tool.

AR Signs Ltd of Leicester Street, Melton Mowbray, Leicestershire was found guilty of breaching Section 2 (1) of the Health and Safety at Work etc Act 1974 and has been fined £35,000 and ordered to pay £2,475 in costs.

After the hearing, HSE inspector Sarah Robinson commented: “This wholly avoidable incident was caused by the failure of the company to appropriately plan and execute a safe system of work whilst fitting the signs.

“Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”

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