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April 12, 2021

An Employer’s Guide to Hand-Arm Vibration Syndrome (HAVS)

An employer’s guide to Hand-Arm Vibration Syndrome (HAVS)

Hand Arm Vibration Syndrome (HAVS) is a progressive condition that can affect a person’s hands and forearms following prolonged exposure to vibration.

Employers owe a duty to their workforce to take all reasonable steps to reduce the risk of workers developing HAVS, including regular safety assessments, training and providing suitable PPE.

Employers owe a particular duty of care towards staff who have, or may have, a higher risk of developing HAVS due to a history of working with vibrating tools.

HAVS symptoms

HAVS can manifest in a range of debilitating symptoms, including:

Losing a sense of touch in the fingers
Severe hand and arm pain and numbness
Weaker hand and grip strength
Pins and needles

HAVS symptoms can get worse over time, even after the affected person stops using power tools entirely. The condition can be extremely serious and can affect someone’s daily life and ability to work.

A HAVS sufferer may be unable to work in cold or wet conditions, carry out fine motor tasks or do any work requiring the use of fingers (such as typing). The severe symptoms of HAVS can make it difficult for affected workers to easily retrain.

The condition can have painful vascular effects that can lead to Vibration White Finger (VWF) and nerve damage. Carpal Tunnel Syndrome is also associated with vibration exposure and can exist alongside HAVS.

Who is at risk?

Generally speaking, HAVS risk increases with the strength of the vibration and the duration of use, both in terms of the length of time a tool is used before a break, and the overall time that vibrating tools are used.

However, any employee who uses vibrating tools or equipment, for any length of time, is potentially at risk.

Construction workers are particularly likely to be at risk, but the risk to workers in other sectors, including rail and road maintenance, manufacturing and gardening/estate management should also be assessed.

Jackhammers, road breakers and hammer drills are obviously harmful if overused, but almost all power tools carry some degree of vibration risk. Handheld grinders, chainsaws, lawnmowers and strimmers carry a risk of harm, as can stationary saws, drills and sanders.

Employers also owe a duty to accommodate and protect workers who either already have a disability that could put them at greater risk, or who have a history of vibration exposure.

A company must identify workers at greater risk, and take steps to protect them from further harm. A ‘one size fits all’ approach to vibration exposure management is rarely suitable.

Your obligations as an employer

The Control of Vibration at Work Regulations require companies to manage vibration-related health and safety risks. As an employer, you must ensure that employees’ exposure to vibration at work is reduced to a minimum, wherever it is reasonable and practical to do so.

In practice, the law recognises that some degree of exposure is inevitable for some workers, including any staff that use vibrating power tools or machinery as a part of their job. It is the employer’s responsibility to regularly assess, monitor and act to reduce this exposure.

Employers’ legal duties include:

Regularly checking vibration risks to workers
Acting to reduce risks
Providing regular awareness training to at-risk employees
Monitoring the effectiveness of the measures taken
Carrying out regular health checks for at-risk workers

As with other areas of health and safety law, such as noise-related regulations, there are fixed levels of exposure at which an employer must take action.

Vibration exposure limits are called the exposure action value (EAV) and the exposure limit value (ELV). These limits are measured using an A(8) value. The A(8) value is the average exposure over an 8-hour workday.

The EAV has a A(8) value of 2.5 m/s2. This represents a piece of equipment’s vibration or movement per second. If an employee is exposed to A(8) value over 2.5 m/s2, their employer must act to reduce exposure as much as possible.

The ELV is 5 m/s2 A(8). This represents the absolute limit of daily exposure that employees must not exceed.

Manufacturers will usually publish the vibration values of their equipment, but the method for calculating a tool’s A(8) value from its rating is not obvious.

Online calculators are available to help you work out A(8) values for different tools and how they should be combined to calculate a worker’s overall risk.

Personal protective equipment (PPE)

The two key ways to protect workers from vibration-related injury are:

regular health checks
reducing the time that workers use vibrating equipment (e.g. by job rotation)

In addition, vibration risk can be reduced by properly maintaining vibrating equipment. Older gear should be replaced if possible. Newer products generally have lower vibration ratings, meaning they can be used for longer. Consumables like abrasive discs should be suitable (i.e. those recommended by the manufacturer), and regularly replaced.

The HSE takes a somewhat sceptical position on the effectiveness of PPE like anti-vibration gloves. Even CE and ISO-certified gloves may actually increase vibration risk under certain circumstances, so gloves should not be treated as a quick-fix solution.

The risk of harm is greater in cold weather, so suitable gloves could be worn in such conditions.

What to do if an employee makes a claim?

Receiving notification of claim from an existing or past employee can come as a shock to an employer. Compensation claims can be disruptive to a business and can impact morale at a firm.

Your immediate concern should be the well being of the employee as well as ensuring that other employees are not at similar risk of injury.

Chris Salmon, Director of Quittance said, “Most claims do not go to court. Instead, they are a process of a negotiation between the claimant’s solicitor and the employer’s insurer. At certain stages, the insurer will ask you to provide information and respond to assertions made by the claimant’s solicitor.”

“Try to maintain constructive communication with the injured employee or ex-employee from the outset. This approach can have a positive effect on the outcome, and should reduce the likelihood of acrimonious court action and knock-on consequences for company morale.”

On receipt of a claim notification form, you should:

Notify your insurer.
Respond to the notification within the set timeframe.
Make sure that all formalities, such as accident book reporting, are completed.
Arrange a full health and safety audit across the company. Consider getting professional input from a health and safety expert.
Refrain from corresponding with the employee without legal advice, but make sure that all communication is positive and compassionate, rather than confrontational.
Reassure other employees that you are cooperating with the claim process, address any concerns they may have and stress the importance of health and safety in the company.
Think about PR – if appropriate, acknowledge the issue, along with any failings, and highlight the measures implemented to reduce the risk of work injuries.

Split Liability

Attributing liability for an occupational disease can be complicated. HAVS can be gradually contracted from prolonged exposure to vibration at a number of previous employers.

If the employee was exposed to vibration at previous or concurrent employers, a split liability agreement may be reached. Under such an agreement, compensation may be shared between your insurer and the other employers’ policies.

It could be that the employee is partially responsible for the condition. If, for example, the employee repeatedly failed to take mandated breaks, it may be argued that they contributed to the condition and compensation might be reduced.

Guest Speaker – Chris Salmon Director and Co-Founder of Quittance Legal Services

March 18, 2021

Beware scam HSE email offering guidelines on COVID-19 spot check

Businesses should be aware of a scam email which is being circulated. The email is signed by someone identified as Mark J. Burrows, is targeting UK businesses, and claims that the HSE will soon be visiting the email recipient’s premises for a COVID-19 check. The email urges the recipient to follow the guidance provided through a link in the email.

Example email which was received by a client.

Health and safety spot checks and inspections during coronavirus (COVID-19)

The Health and Safety Executive is carrying out spot checks and inspections on all types of businesses in all areas to ensure they are COVID-secure.

We are making calls so we can give expert advice on how to manage the risks and protect workers, customers and visitors. We are also working closely with local authorities, assisting them in the sectors they regulate such as hospitality and retail.

By calling and visiting premises and speaking directly to employers, we can check the measures they’ve put in place are in line with government guidance.

Inspectors will make COVID-secure checks as part of their normal role in visiting workplaces during the pandemic. To ensure we reach as many workplaces as possible nationally and support the core work of our inspectors, we are working with trained and approved partners to deliver the spot check calls and visits.

We are planning to visit (spot check) your premises: 9 AM, 19/03/2021

Please follow the guidance to find the required documents. This is legal requirement.

Yours sincerely,

Mark J. Burrows

HSE Manager
telephone: 0300 790 6787
Monday to Friday 8:30am to 5pm

Health and Safety Executive
Redgrave Court
Merton Road
Bootle
Merseyside
L20 7HS

If you get this email, please delete it. Do not click on the attachments. If you belong to an organisation with multiple employees, please ensure all of them are aware of this type of email scam, and that they understand the risks associated with downloading files that they were directed to after receiving unexpected or unsolicited emails.

If you would like an audit, contact us.

Published March 1, 2021 · Updated March 1, 2021

Are your LEV Systems COVID safe?

With the ever increasing infection and death rates of COVID- 19, now, more than ever is the time to ensure your working environments are safe, as the health of employees during the pandemic is paramount.

If you work in an industry where dust and fumes are commonplace, you will already be familiar with the challenges that the Covid-19 outbreak has had on safety inspection and compliance, including how important it is to ensure a robust Local Exhaust Ventilation (LEV) system. But have you considered the impact that a poorly maintained environment will have on your employees in today’s climate, and how that will ultimately impact the efficiency of your productivity?

Essential Ventilation

Over time, the performance of LEV systems will naturally decline due to blockages and wear and tear, meaning that the poor filtration of dust and fumes from industrial equipment could begin to contaminate the air and affect the health of your workforce. Respiratory diseases like asthma, lung scarring and cancer can all be exacerbated by poorly ventilated working environments, therefore leaving employees vulnerable to airborne viruses like Covid-19, ultimately impacting your workforce capabilities and bottom line.

To ensure your LEV system complies with the Control of Substances Hazardous to Health (COSHH) regulations, inspection and testing is recommended to be done every 14 months, yet because of local and national lockdowns many companies are finding it challenging to prioritise inspections due to limited resources.

Recently, The HSE released a Covid-19 safe guide to inspection and testing of LEV systems during the Coronavirus outbreak which states that they ‘expect duty holders to make all reasonable efforts to arrange thorough examination and testing to be carried out within the statutory time limits’. Organisations operating at limited capacity with fractions of their workforce limited to home working or due to imposed government self-isolation may find this difficult, therefore widening the gap between legal requirements and compliance.

The importance of LEV inspection & testing

Many jobs across different industries involve work processes that create dust and fumes, which when breathed in can cause diseases, such as asthma, lung scarring and cancer.

Local exhaust ventilation (LEV) systems, also known as extraction or fume control, are used by businesses to control dust and fumes. Over time, the performance of LEV systems can decline, due to wear and tear or blockage. This is why regular inspection and testing – every 14 months to comply with COSHH – is necessary to ensure the systems are operating effectively and hazardous substances are kept controlled.

February 22, 2021

Workplace Pranks – No Joke

No Horseplay at Work

Rough, boisterous play or pranks in the workplace can have serious consequences. We look at key cases involving practical jokes at work and offer tips on how to prevent horseplay.
What is horse play?

Playing around, racing, grabbing, thoughtless vehicle operation, social pressure, harassment, and unauthorised contests are activities often encouraged by ‘practical jokers’ who pressure other colleagues to get involved. Playing jokes and having fun with colleagues can break up the day, provide stress-relief and make work more interesting, however horseplay can take this too far and put workers at risk.

Is it a health and safety issue?

Cases involving horseplay are common in industrial workplaces such as construction sites, and often where forklift trucks are used. But other cases have included pharmacies, hospitals and offices where pranks such as pulling out a chair has resulted in injury. Regardless of the sector, it is management’s responsibility to ensure all employees have access to a safe, respectful and harassment-free place to work.

The Health and Safety at Work Act 1974 does not specifically discuss horseplay but does make requirements for employees regarding health and safety.
Section 7 of the Act requires employees to ‘take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions at work’.
Section 8 requires that no person shall intentionally interfere or misuse anything provided in the interests of health, safety, and welfare. These duties extend to avoiding silly or reckless behaviour, and those who fail to comply with these duties may make themselves liable to be prosecuted.
However, acts that are not directly related to work, and are more of a personal nature will not be within scope, such as an employee assaulting a supervisor because he believed the supervisor had stolen his wallet.

It is most likely that employees will be prosecuted under section 7 where they have shown a reckless disregard for health and safety, and such disregard has resulted in serious risk.

Who is responsible?

It is a common misconception among employees that health and safety is the sole responsibility of the employer and if an accident or incident were to occur due to horseplay, that resulted in the injury of another person, it would be the employer that would have full responsibility. However, pranks at work that injure or threaten to injure another person may be the subject for individual prosecution against the person responsible. The law of vicarious liability has been steadily expanding, but there are areas where responsibility is still unlikely to arise on the part of the employer.

Last month IOSH magazine reported on Chell v Tarmac [2020] EWHC 2613, the latest decision to demonstrate that it will be difficult for an employee to succeed where they have been the victim of a practical joke played on them by a colleague.

Employers cannot rule out that horseplay at work can result in injury and there are cases where they can be held liable for the actions of their employees. To help prevent this, they need to have appropriate policies and procedures in place relating to horseplay that informs employees of the consequences of inappropriate behaviour at work and set out clearly what is considered acceptable and unacceptable behaviour.

Tips to prevent horse play.

Employees should:
• not engage or participate in any type of unsafe behaviour or horseplay, initiate it, or get pressured into participating in it.
• follow all regulations and work rules to ensure the safety of individuals or other employees.
• ensure protective equipment is used properly and operating machinery is in good repair and does not present a hazard.
• report those behaving in an unprofessional or unsafe way to a supervisor or manager.

Managers should:
• provide a safe and healthy work environment for all employees.
• take all precautions necessary to protect the safety and health of employees.
• outline policies against workplace horseplay in your employee manual
• educate and train employees on workplace safety.
• be an example of professionalism and not engage in any inappropriate behaviour or horseplay.

January 11, 2021

Employer’s Duty of Care

Employer’s duty of care

As an employer, you have a certain set of legal responsibilities for your staff. This includes ensuring their wellbeing and health and safety.

What is the duty of care?

An employer’s duty of care encompasses a number of duties. The first, and most obvious, is the main overarching duty to ensure the health, safety and welfare of all your employees, as far as is “reasonably practicable”, as laid out by the Health and Safety at Work, etc Act 1974.

This includes providing them with a safe and healthy work environment, preventing:

•illness

•injury

•mental ill health.

This duty of care extends to the health, safety and welfare of non-employees as well, eg contractors, visitors, and clients.

The law also requires you to carry out a risk assessment. This will address the hazards in the workplace that may cause harm.

Another duty covers consultation. Legally, you must consult employees or their representatives on the health and safety risks they will face as part of their role, as well as the control measures you are putting into place to keep them safe.

Why is the duty of care important?

First, a safe work environment is a productive work environment. If staff are ill or injured, they will need to take time off work. If employees have concerns regarding their safety or wellbeing, their attitude towards work will be less positive. Actively promoting employee wellbeing will increase employee engagement, increase productivity and significantly improve your retention rate.

Second, an unsafe workplace will suffer major reputational damage, particularly if an incident occurs. If an employee suffers from a work-related illness or accident, you could be held responsible. It may also lead to employment tribunals and even criminal prosecution.

Duty of care is a legal duty. Failure to plan adequately for the health and safety of employees will constitute a breach of this duty and can lead to visits from the Health and Safety Executive and significant fines.

An organisation’s obligations to employees

An employer’s duty of care includes health and safety. You must ensure that suitable safety standards are created with associated safe systems of work. These should cover employees who work from home.

Within this definition is a duty for employee mental wellbeing. That means safeguarding your workers as far as is reasonably practicable from harassment and stress.

Here are some ways you can keep your staff safe, both mentally and physically:

•provide adequate equipment required to complete tasks

•provide health and safety training

•protect staff from discrimination

•have clear lines of communication

•manage and address staff misconduct and grievances.

What is “reasonably practicable”?

An employer only has to comply with the duty of care in so far as it is reasonably practicable to do so. The test of what is reasonably practicable is not merely whether preventive measures were physically possible, or even financially possible. The accused employer must be able to show that it has weighed the degree of risk against how much it would cost the organisation — whether in time or money — to put in place adequate precautions. If it would cost a great deal to reduce the risk by only a fraction, you do not need to do so.

Examples of reasonably practicable actions include the following.

1.An employee informs their manager they’re suffering from pain in their wrists from their keyboard. As an employer, you can then provide them with a specialist keyboard, which can help prevent repetitive strain injury.

2.Another example would be to provide extra access points for those in your business with a disability. This will ensure they don’t struggle to exit and enter your premises and shows that you take their wellbeing seriously.