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Icy Reception – Monday, 11th January 2010 The recent weather always brings questions of “if I clear the snow, will I be sued?”, “if I don’t grit, will I be sued?” or even “Shall I tell my employees I’m closed until the snow and ice go, so I don’t get sued?”   You get the gist, employers are terrified of being sued when people slip on the ice or snow.  You have  to keep in business, as I’m sure your sick of seeing, the country cannot grind to a halt because it’s winter.  Thirty years ago, even twenty years ago, weather like this was common and we just got on with it.  It is the claim culture which has lead to this state of paranoia.   The legal implications of people slipping do not lie in Health and Safety at Work Act but the Occupiers Liability Act which states that property owners have a duty of care to maintain safe access for visitors to premises.  So you must take reasonable steps to clear ice or snow from access ways.  Personal Injury claims can arise from slips on your premises and can be costly with costs, damages and loss of earnings included.  However, your public (or employers, depending on who slips) liability insurance is in place to pay out.  BUT beware...in order for the Insurance Companies to pay out, you must have taken reasonable steps to manage avoidable risks.  Reasonable Steps Assess your premises – this can be done as part of your traffic management plan.  Plan and resource works – any gritting or clearing must be planned.  This would form part of your site emergency plan. Plan Ahead – check the weather forecast (as reliable as that can be!) and grit before you leave rather than gritting over ice or snow the next day.  This can also reduce costs. Work Safely – Don’t grit at peak traffic times, anticipate when the maximum risk is and grit beforehand to avoid. Outsourcing – If you use a third party, check they are insured.  If something goes wrong and they are not insured, it will fall completely on your insurance cover, which may not cover all costs if you cannot demonstrate you checked the competency of the contractor. Documentation – Accidents do happen, it’s a fact of life, they always have, they always will.  However, if you document the reasonable steps you have taken to reduce the risk of accidents, you can rely on the paperwork in the event of an insurance claim.  A Comprehensive Traffic Management Plan and Emergency Plan is absolutely Vital.  Contact Claire to arrange your visit and commission your plans.

5 STEPS TO GOOD SAFETY MANAGEMENT – Tuesday, 8th December 2009  Tip Sheet: 50 – Safety Audits An audit is a review of your safety management systems undertaken with the aim of meeting your legal requirement to review and monitor your health and safety arrangements.   Many companies are daunted by an impending safety audit, but if you’ve followed our weekly tips for good safety management through the year, you’ll sail through!!  Here are our 5 top tips to a successful audit.  1)     Be Organised Auditors are usually paid by the day and have a set list of objectives to work through.  By having all your documentation organised and easy to find, the auditor can complete the audit more efficiently.  If you are routing round for documents, it gives the impression of disorganisation and if you can’t manage the paperwork, how can you manage the people to ensure they are safe?  HOT TIP – If you have entered any safety awards this year – your submission file will probably meet most of the auditors requirements  2)     Schedule time for the audit From experience, there is nothing worse than auditing a company who have not planned for an audit and do not have a members of staff ready to participate.  An audit cannot be carried out without input from your staff as, on the face of it, there may be a large amount of non-conformancies.  By having staff available, they can explain why things are done the way they are and the auditor can take a more practical view of the audit.  3)     Ensure records are kept on a daily or weekly basis Unfortunately, every audit has an element of paperwork that needs to be checked.  Recording details of inspections and producing the reports is the only way an auditor can check that records are kept and that action is taken when necessary.  Some legally required inspections, such as machinery emergency stop records need to be undertaken at the start of every shift.  If the check is recorded on a tick sheet at the start of each shift it is a five second job, if is isn’t, it’s a failure of a legal duty and lost points on an audit.  Use the Contact Form with AUDIT in the comment box for a list of the areas an auditor will examine.  4)     Be Honest If you haven’t reached a target or can’t produce evidence to meet a set criteria, do not – under any circumstances – blag it.  Look at it as a positive, you may be marked down a few points on this audit but you will have the procedures in place for the next audit where it will be classed as an improvement.  5)     Ensure actions from the last safety audit have been completed A year is a long time between audits and the last audit will have produced some actions.  Companies have a legal duties to discuss health and safety at board/management meetings and to hold staff consultation on health and safety matters.  Why not use these meetings to progress outstanding health and safety actions?  The minutes of these meetings can be shown to the auditor to prove you have taken action to improve. Download our Safety Committee Meeting Agenda – Click Below Click Here to Download Meeting Agenda

WINTER DRIVING – Tuesday, 8th December 2009 We’ve only had one frozen windscreen morning so far in Blackpool but there will be plenty more to come.  Inform all your staff are aware of our bullet points below to ensure they are aware of weather related road risks.  Prepare yourself for winter driving -          Have de-icer in the car (or in my case, a Simon Webbe CD case) -          Keep the tank topped up to reduce risk of running out -          Keep a drink and snack in the glove box -          Keep a blanket, gloves and hat in the car -          Charge your mobile at night to make sure you have it when you need it  Prepare your Car -          Have a winter service -          Check your tyres when re-fuelling (not related, just to remind you to do it!) -          Keep your washers topped up – remember you can get points for having empty washers  Before you Set Off -          Check the weather forecast -          Clear windscreens, windows and mirrors -          Check washer bottles are not frozen and that you can clean the windscreen  While you Drive -          Drive with lights on low beam if visibility is poor -          Test your brakes frequently -          Don’t have the heaters on full blast – it will make you drowsy -          Leave bigger gaps and never tailgate  Do your company car drivers have a drivers handbook?  If not, they need one, call Claire to order your drivers safety handbook. Also, Insurers and the HSE are clamping down on the “grey fleet” cars.  The employee owned vehicles which are used for business travel – more coming soon on the website regarding what you need to do to protect your business.

5 Steps to Good Safety Management - Tuesday, 1st December 2009 Week 49: Machinery Guarding Do you have Machinery with moving parts in your workplace or on your sites?  Follow our 5 steps to keep your staff safe and ensure legal compliance. 1)      Look at all the equipment you use and make a register of all which have moving parts that could cause personal injury. All powered equipment should be registered and a note made of where contact could be made by an employee with the moving part of the machinery.  This will give an insight into the type of guarding required to prevent contact. 2)      Undertake a machinery risk assessment on each piece of equipment to ensure the correct type of guarding is used.  Regulation 11 of The Provision and Use of Work Equipment Regulations (PUWER) dictates that where practicable (technically possible) all dangerous parts of machinery must be guarded and gives a hierarchy of guarding to be followed to offer the best protection. FIXED: a complete cover, can be used where access is not required such as around a drive belt.  ADJUSTABLE: a guard which is movable to allow for placement or adjustment of machinery but must be in place when the danger is present.  For example, a guard around a pillar drill bit. INTERLOCKING: a device which will not allow the machine to operate unless conditions are met, such as a two button start where both hands must be on the buttons and therefore are out of danger zone. TRIP: a device which cuts power to the machine when a beam is broken indicating there is something in the danger zone JIGS/HOLDERS/PUSH STICKS: The use of other items to increase the distance between the person and the danger 3)      Write procedures for staff who use, clean and maintain the equipment to ensure their safety whilst undertaking their work.  Machine operators must be given training on how to operate their equipment and they must be supervised until they are deemed competent to operate it without danger to themselves or others.  Procedures must also be in place for the cleaning and maintenance of the equipment to ensure isolation and safety.  CLICK BELOW TO DOWNLOAD FREE TOOLBOX TALK ON MACHINERY SAFETY. 4)      Implement an inspection regime to ensure staff are working to procedures and that your equipment and guarding is in place and effective. Pre-use checks must be undertaken at the start of each shift and recorded.  This includes the testing of any emergency stop buttons and a check that guarding is in place.  A photographic check list is an effective way of ensuring a valid inspection.  A supervisors weekly inspection of the users inspection is also required. 5)      Implement corrective action and disciplinary action if staff are not working to procedures or removing/defeating guarding.  IT IS AN OFFENCE TO INTERFERE WITH GUARDING.  HR procedures must allow for disciplinary action to be taken if an employee is breaching their duty under the Health and Safety at Work Act Section 7 to ensure the safety of themselves and others via their own acts or omissions.  This is also vital in the defence of personal injury claims as many companies pay out tens of thousands in machinery guarding accidents when the employee themselves is at fault by disregarding safety procedures.  CLICK TO DOWNLOAD MACHINERY GUARDING TOOLBOX TALK

Safety Alert - Plant Operators Licences - 3rd November 2009 All plant operators on site must hold a valid competency qualification and it is down to employers to check not only that the operator has a card but that that card is genuine and in date.  A short-term contract Fork Lift Operator in West Lothian provided false details and a partially fraudulent record of training to his employer.  He then failed to operate the outriggers of the forklift which resulted in a banksman sustaining a broken back and ankle in October 2007.  The driver has been personally fined £500 for breaching Section 7 of the Health and Safety at Work Act by failing to take reasonable care of the health and safety of himself and others and for failing to co-operate with his employer in order to protect people at work.  Temporary staff often slip through the net when it comes to checking training.  If employed through a labour agency, they have legal duties to ensure the staff they supply are competent and hold valid licences.  When plant operators are taken on directly by Construction Companies, qualifications must be checked with the awarding body to ensure they are not false. Action to Take ·         Review all Plant Operators Cards to ensure they are in date  ·         Check all cards with the CITB to ensure they are genuine -  call 0844 576 8777 or check on line at https://www.cskills.org/phoenix/home.asp  ·         Check cards are for the correct category of plant – use the contact form to request for a full and current list of plant with PLANT in the title  ·         Ensure your plant operators competency books are up to date – Clients who order monthly inspection from Infinite Safety Ltd receive FREE validation on Fork Lift Operators Competence Record books.  ·         Give your plant operators a toolbox talk on operating and inspecting their plant, how to work around others and the requirements for the validity of their licence.  For a FREE copy of the toolbox talk, use the contact form with LICENCE in the title

Comment - Infinite Safety Shares Jack Straw's Common Sense Approach - 26th November 2009   Do you remember some months ago when it was reported that the Union Jack had never been raised above the new parliamentary building?  The blame was placed at the door of health and safety as the two heavy bronze doors (no expense spared!) leading to the flagpole may catch the wind and cause injury.  This is very true, but as Mr Straw pointed out, a bolt to hold the door open would remedy the problem.  Instead of this common-sense approach, the health and safety advisors involved decided to eliminate the risk by eliminating the flag.   The latest victim of Elimination is the school chemistry lab where in some schools, children are watching experiments on a television as actually performing the experiment with a Bunsen burner has been deemed as too dangerous.  This is a sad day for health and safety and education, particularly in view of the difficulty in engaging some young teenagers for whom the subject comes alive with practical demonstrations.  Our children must be taught about risk and how to make educated decisions about their own safety.   With this “Eliminate-All Risk” approach it is no wonder that the country is lacking in people taking the initiative and thinking for themselves when they are told opening a door is too dangerous.  The upside is that there will soon be a great demand for lollipop crossing patrols as people lose the ability to cross the street on their own, so long as the job of lollipop person does not become too dangerous in itself, of course.    The current risk assessment legislation requires risks to be reduced to a tolerable level.  Safety advisors, and in particular, safety consultants must steer away from this “eliminate all” style of risk assessment.  It will cover them in a court should an accident occur, but I personally as a Chartered Safety Manager, have the confidence in my own judgement and knowledge that I can stand up and justify the content of my risk assessments.    There are some cases when risk must be managed to get the job done and keep the country moving.  If the eliminate-all approach to risk assessment  prevails, the cost of new homes will increase further  as house builders and the sub-contractors working for them will have to increase their price dramatically to afford all the necessary safety precautions.    Health and Safety in general has benefitted greatly from the risk assessment process as it has evolved from the Health and Safety at Work Act of 1974.  Compared to the dictorial approach of the Factories Act it is a step in the right direction, but we must stop this culture of eliminating absolutely all risk before we create a workforce of people incapable of making decisions and scared to undertake their duties.   A risk assessment is exactly as it suggests – an assessment of the risks involved, not an exercise in  eliminating all risk entirely.  Solutions must be found to reduce or eliminate risk, such as the bolt on the door, rather than eliminating the task itself and Safety Consultants must have the courage of their own convictions and confidence in their work if they are to give the client what they are paying for. Claire Sheehan PgDIP CMIOSH Infinite Safety Ltd

Inspectors Hot Topic - Slip Resistant Floors - 20th October 2009 A circular has been issued to all Local Authority and Health and Safety Executive Inspectors regarding the requirements for non-slip floor finishes in the workplace.  This issue is particularly relevant to care homes, day centres, children's day nurseries, vetinary practices and hairdressers. What the Law Says Regulation 12 – Workplace (Health, Safety & Welfare) Regulations 1992 Every floor in a workplace and the surface of every traffic route in a workplace shall be of a construction such that the floor or surface of the traffic route is suitable for the purpose for which is it used. Interpretation On the whole, employers are required to ensure the floors of their workplace are in good condition, free from holes and that drainage is installed where appropriate to avoid a permanently wet floor.  If the nature of the workplace is that the floor is likely to be wet, such as behind the sinks of a hairdressers or areas care homes, then a non-slip surface and appropriate footwear must be provided.   Employers are also required to undertake regular inspections of the workplace to ensure  conditions are acceptable and the requirements of Regulation 12 are met.   Court CaseEllis V Bristol City Council (2007) This case went to the court of appeal to decide which floors should be deemed as requiring a non-slip surface and for which it would be acceptable to clean up when necessary.   The subject matter of the case was incontinent residents of a residential care home urinating on corridor floors resulting in a slippery surface being produced.  As staff were mopping up urine several times a day, it was decided that is was reasonable to install a slip-resistant covering to reduce the number of injuries to both staff, residents and visitors.   So do I need to install a slip-resistant floor covering? Each workplace is assessed on its own merits dependent on the layout of the building, the activities undertaken and the number and type of persons using the workplace.   Factors such as floors near machinery becoming slippery and resulting in a person falling towards and possibly making contact with the machinery are relevant as are the tasks undertaken such as the sink and water play areas in children’s nurseries.   Workplace assessments will identify potential risks and allow the correct solution to be reached with regard to installing slip-resistant coatings or increasing the cleaning inspection rota.  Workplace inspections are a requirement of the Workplace (Health, Safety and Welfare) Regulations 1992 and a formal written inspection and report should be undertaken at least every 3 months.  Daily, and sometimes hourly, for example in toilets, checks by employees should be made as a matter of daily routine. For the full "Heads Up" document on this Inspectors Hot Topic - use our contact form with FLOORS in the title. Book an Appointment and Contact Form

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