In the months leading up to March 2020, the Health and Safety Executive (HSE) is carrying out proactive inspections in businesses where welding takes place to check that risks are being appropriately managed, and has offered some advice on interim arrangements for businesses.
Eight hundred proactive HSE inspections are planned on metal fabrication businesses during the months leading up to March 2020.
Half of those inspections will take place in February 2020 and the HSE has estimated that the initiative will hit 1 in 15 fabrication premises.
Welding fume is one of the HSE’s priority health targets as are metal working fluid mists.
The HSE is emphasising that all welding fume can cause lung cancer, and potentially kidney cancer, so employers must put controls in place.
The Control of Substances Hazardous to Health (COSHH) regime provides the legal basis to help ensure exposure to any welding fume released is adequately controlled.
The HSE has published revised COSHH guidance, along with updated web pages on how to manage exposure to welding fume.
The HSE advises employers to carry out a full risk assessment before anyone starts welding work and notes that the Breathe Freely in Manufacturing Welding Fume Control Selector Tool can help identify the required controls.
Exposure to welding fume can be harmful so HSE inspectors will expect businesses to be able to demonstrate that they are properly protecting workers’ health.
However, the HSE says it recognises the changes might mean businesses need to plan for buying and implementing equipment if they don’t already have it in place.
The HSE recently said, “If you have already ordered new local exhaust ventilation (LEV) equipment but are waiting for it to be installed, then make sure you have an interim plan in place to minimise exposure, such as the provision of suitable respiratory protective equipment (RPE)”.
Contact us if you require guidance.
The HSE inspect businesses that are working in high-risk industries. So, if your organisation is high risk and has not had a visit for a while, don’t be surprised if an HSE inspector wants to look around. This may be a random inspection but is more likely to be due to a previous incident, an issue raised by a worker, or a report of a serious injury on site.
The inspectors want to check that employers are keeping their staff, customers and members of the public safe. They also review if work activities are being carried out in line with statutory requirements. The inspector will ask about the health and safety issues affecting the business and what is being done to reduce risk. They may want to look around the site and inspect aspects of work being done, too. If they are investigating an incident, the inspector will want you to describe what happened and what processes you had in place. They’ll look at your accident investigation report and any CCTV or photographs that may have been taken. They’ll also speak to your staff or read their witness statements.
Immediately after the visit, the inspector might offer the organisation written or verbal advice on how to improve safety at work. Or they could issue a notification of contravention, which means that there has been a breach of health and safety law. The inspector may then issue an improvement notice. This gives the organisation at least 21 days to correct the issue.
For more serious offences, an inspector may issue a prohibition notice. This forces the organisation to stop any activities deemed dangerous immediately. The inspector can also seize items, substances and equipment as evidence.
Finally, the inspector can prosecute the organisation and/or its directors. This could lead to a court appearance, a fine or even a prison sentence.
If the inspector issues a notice of contravention, the organisation will have to pay the HSE’s expenses for the investigation. This is called a fee for intervention (FFI). FFI is an hourly charge of £154. FFI also applies if the HSE issues a notice of improvement or prohibition.
The fines for prosecution depend on the offence committed. For example, in 2018 the average fine for breaches of the Control of Major Accident Hazards Regulations 1999 was £846,250.
Of course, the total impact on a business can be much greater. An improvement notice can force an organisation to make high-cost changes in a short space of time. A prohibition notice can shut the business down or lead to disqualification of being a director for a set period of time.
Even minor breaches have lasting damage. The HSE will register an enforcement notice against the business for 10 years. This can make it hard to get work with new clients and almost impossible to bid for public sector contracts.
As always, prevention is better than the cure. Ensure that you are aware of the legal requirements on your business and that you have procedures for improving, monitoring and reviewing your compliance status.
Contact us if you wish to discuss this topic further.
Personal Protective Equipment (PPE) is provided by employers so employees can carry out their job. There are responsibilities that employees must take responsibility for when dealing with PPE. See previous blog Link.
The PPE Regulations stipulate that companies are unable to charge for PPE (under section 9 of the Health & Safety at work Act 1974 – see ACOP link below).
28 Under section 9 of the HSAW Act, no charge can be made to the worker for the provision of PPE which is used only at work. Section 9 of the HSAW Act states:
‘No employer shall levy or permit to be levied on any employee of his any charge in respect of anything done or provided in pursuance of any specific requirement of the relevant statutory provisions’. Section 9 applies to these Regulations because they impose a ‘specific requirement’, for example to provide PPE. It also relates to all charges including returnable deposits. An employer cannot ask for money to be paid to them by an employee for the provision of PPE whether returnable or otherwise.’
29 If employment has been terminated and the employee keeps the PPE without the employer’s permission, then provided it has been stipulated in the contract of employment, the employer may be able to deduct the cost of replacement from any wages owed.
From guidance, levy’s or deposits are not be appropriate, so therefore we would deter this course of action.
If PPE is constantly being asked for as it is defective, consider discussing defective wear with the supplier or the manufacturer. Request a credit or replacement FOC as they are not fit for purpose under Trading Standards.
If employees are asking for frequent replacement of PPE, consider looking to discreetly mark the item with UV marker pen with a serial number much the same as asset tags on company property to check that the item presented for replacement are those that were recently issued.
If there are repeat offenders this would need to go down the HR disciplinary route.
Contact us should you wish to discuss this topic.
There are serious health effects associated with the misuse of drugs including heart disease, HIV and Hepatitis C, psychological illnesses and a greater risk of accidents, to mention just a few. Understanding of the effects of drugs is an important element in the process of accepting that “social” drug users pose a health and safety risk to any organisation.
The Misuse of Drugs Act 1971 lists the drugs that are subject to control and classifies them in three categories according to their relative harmfulness when abused, as follows.
| Class A | including cocaine, heroin, LSD, mescalin, methadone, morphine, opium and injectable forms of Class B drugs. | |
| Class B | including oral preparations of amphetamines, barbiturates, codeine and methaqualone (mandrex), cannabis and cannabis resin. | |
| Class C | including most benzodiazepines (sleeping pills, tranquillisers, eg valium) and the harmful amphetamines. | |
Cannabis comes in two forms: herbal and resin. It is usually mixed with tobacco and smoked in the form of a hand rolled cigarette. Cannabis in both forms is a Class B drug.
| Sought Effect | Short-term Effects | Potential Long-term Harm |
| Relaxed, happy, heightened sense of awareness | Dizziness, sickness, dry mouth, lips, tongue, feeling hungry, loss of co-ordination, panic and paranoia | Lung disease and lung cancer, bronchitis, asthma, high blood pressure, infertility, depression and some evidence points to schizophrenia |
Amphetamines are a group of synthetic drugs that are stimulants. They are often known as speed, billy or wizz. Often in powder form, it can be snorted through the nose, some are available in tablet form but it can also be injected. A strong, highly addictive form of amphetamine known as crystal meth can be smoked.
Most amphetamines are Class B drugs but crystal meth and amphetamines prepared in injection form are Class A drugs.
| Sought Effect | Short-term Effects | Potential Long-term Harm |
| Sudden energy boost, talkative and excited — the high may last 4–8 hours | Once the high has worn off, a crash occurs, leaving the person feeling very tired (but unable to sleep) anxious and irritable. They may suffer from short-term dizziness and hallucinations | Burst blood vessels can lead to paralysis and may be fatal, insomnia, depression. As the body becomes tolerant of the drug, larger amounts are needed, leading to addiction |
Cocaine is a stimulant, often known as charlie, snow, toot or coke. Often available in a powder form which can be snorted through the nose or rubbed on the gums. The form of cocaine called crack can be smoked. Both cocaine and crack are Class A drugs.
| Sought Effect | Short-term Effects | Potential Long-term Harm |
| Intense feelings of energy, well-being and self-confidence The high may last only up to 30 minutes. A crack high is more intense but may last only 10 minutes | Similar crash effect to amphetamine, raised blood pressure, tiredness and depression | Heart failure, depression, insomnia, extreme paranoia, extreme weight loss and malnutrition, impotence (in men) and damage to the nasal passages If taken when pregnant may cause harm to the baby — low birth weight, birth defects and the baby may be born addicted to cocaine |
Ecstasy is a synthetic stimulant, often known as E or pills. Its chemical name is Methyledioxymethamphetamine (MDMA). Ecstasy is usually available in tablet form but a powdered form of MDMA is sometimes used. In England and Wales there have been an average of 27 deaths per year from people taking ecstasy. Ecstasy is a Class A drug.
| Sought Effect | Short-term Effects | Potential Long-term Harm |
| Rush of energy, alertness, excited, happy, increased sense of affection towards people around them (ie exposing themselves to personal risk), often popular with clubbers as sound (especially music) and colours seem more intense | Dehydration is a major risk — if fluid levels drop dramatically dehydration can cause unconsciousness, coma or even death Similar crash effect to cocaine and amphetamines Dry mouth, nausea, raised blood pressure, heart pounding, depression, body can stiffen causing clenched jaws and grinding teeth | The use of ecstasy became widespread in the late 1980s Long-term effects have yet to be determined by the medical profession. The short-term effects can be fatal |
Heroin is a powerful sedative and painkiller. Heroin and codeine are derived from the opium poppy and are known as opiates. Heroin is a Class A drug and highly addictive, both physically and psychologically.
| Sought Effect | Short-term Effects | Potential Long-term Harm |
| Intense feeling of relaxation and wellbeing | The purity of heroin differs dramatically in each batch. Often the products with which it is bulked up are also harmful and can cause allergic or toxic reactions Overdose is common when a stronger dose than the body can cope with is used and this can result in heart failure, unconsciousness and coma | Overdose effects can result in death through heart failure. Coma or unconsciousness can occur and there is a risk of choking on vomit when unconscious Respiratory failure (loss of normal lung function) can be fatal Injecting heroin has additional risks: sharing needles has the risk of Hepatitis C or HIV and damage to veins can lead to serious infections and abscesses |
The two most commonly used hallucinogens are Lysergic acid diethylamide (LSD) and magic mushrooms.
Magic mushrooms are often called shrooms or mushies and be can eaten or boiled in liquid and then drunk.
LSD is synthetic liquid that is is usually dropped onto small squares of blotting paper which is then swallowed, often known as acid.
| Sought Effect | Short-term Effects | Potential Long-term Harm |
| Hallucinogens are taken to experience a long-lasting series of hallucinations, known as a trip Time can appear to speed up or slow down. A mushroom trip can last 4–10 hours. An LSD trip lasts around 12 hours | Bad trips with frightening or disturbing hallucinations can occur leaving people feeling very disturbed Users may place themselves in physical danger and act irrationally or impulsively | Could make an existing mental health condition more severe |
Tranquilisers are a prescription medication designed to treat anxiety, depression and insomnia. Many tranquilisers are addictive if used regularly. They are available as tablets, as gel capsules, in injection form or as suppositories and are often known as mazzies, benzos or jellies.
| Sought Effect | Short-term Effects | Potential Long-term Harm |
| Calming, sedating effect. They are misused to lessen the effects of a crash, after taking stimulants or to lessen the effects of drug withdrawal symptoms | Physically addictive — withdrawal symptoms may include: severe headache, nausea, anxiety and confusion | Physical addiction may lead to attempts to heighten the effect of the drug by crushing and injecting the powder form which contains chalk and may cause the veins to collapse. This can lead to serious infections or gangrene Gel caps that are melted down to inject can then re-solidify inside blood vessels, which can cause death |
Solvents are available both at home and in the workplace. There are over 200 solvents liberally available and they include paints, cleaning fluids and glue. Every year in the UK there is an average of 50 deaths from solvent misuse.
| Sought Effect | Short-term Effects | Potential Long-term Harm |
| Similar to alcohol: happy, laughing and uninhibited | Heart attack, vomiting and black outs | Heart failure, Liver, kidney and brain damage |
Please contact us if you require any assistance with this topic.
Stress is an unfortunate but often unavoidable side effect of our busy lives. Having on-hand methods for managing stress is a good way to combat its physical, mental, and emotional impact. How stressful are big life events at work such as starting a new job, being fired, commuting delays, taking a break from work or being promoted?
This question has been answered by means of survey on stress in modern Britain by the Physiological Society, said to be Europe’s largest network of physiologists.
In partnership with the polling firm You Gov, it surveyed 2000 British adults and asked them to rate how stressful they find (or imagine they would find) various different life events.
The following is a rundown of the top 18 ranked stressful events, (the number that follows is the average score out of 10 points assigned to each work or life event as an indication of how stressful the situation is).
Interestingly, for every event, the reported stress experienced by men was lower than that by women. The average difference was 0.56 points.
The biggest difference was in the stress caused by the threat of terrorism, which was 1.25 points higher for women. The smallest difference was for the arrival of a first child — a life-changing event for either sex.
As I am planning my own wedding it is interesting to see that this category falls at number 10. As the day gets nearer (a week to go) I personally feel that the last couple of months has been the most stressful of my life and I have experienced a few from the 18 stressful events!
If you require guidance with stress in the workplace, please contact us.
Helpful apps – Head space
Blog – Strength to strength blog
