Category Archives: Health and Safety


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Tips to Help Make Sure Your Safety Procedures are Both Effective and Enforced

  1.  When developing and writing down safety procedures, ensure that they are clear and applicable to the task. Use the findings of your risk assessments as the basis for determining what controls are needed, how they should be implemented and when. Ensure that the correct planning and coordination of tasks takes place before any work starts.
  2. Check before work starts that all workers understand the safety procedures and what is required of them. Simple misunderstandings can have major repercussions when heavy or dangerous machinery is in use, for example.
  3. Regularly review your safe systems of work to check that they are still current and applicable. Also check all procedures after an accident or near miss, to see if changes need to be made to your processes.
  4. Make sure that all work is supervised by a competent person who has knowledge of the task and a clear understanding of the safety procedures to be followed.
  5. Give the right level of training to workers in relation to their roles and the tasks they need to perform. Check that contractors know about the safety procedures, too, and that they understand them.

Always ensure employees and contractors fully understand the companies policies and procedures.

Contact Walker Health and Safety Services for further advice.

 

Health and Safety Enforcement: Quick Facts

Responsibility for the enforcement of health and safety legislation is split between the Health and Safety Executive (HSE) and local authority inspectors (eg environmental health officers).

The split is dependent on the main activity of the premises being inspected and is detailed in the Health and Safety (Enforcing Authority) Regulations 1998.

Inspectors from the HSE and the local authority have the same powers of enforcement as detailed in the Health and Safety at Work Act 1974. Employers should also be aware that they face enforcement by other inspectors, eg the Fire and Rescue Authority. They have similar, but not necessarily identical, powers.

  • The main enforcement bodies in health and safety are the Health and Safety Executive (HSE) and the relevant local authority. Other enforcers may include the fire authority.
  • Enforcement is primarily by means of workplace inspections, conducted by health and safety inspectors from the HSE or environmental health inspectors from the local authority.
  • Inspectors can enter premises at any reasonable time and do not need to make an appointment.
  • When inspecting a premises, an inspector may take photographs, ask questions, request to see records, take samples or remove items of equipment.
  • The powers of inspectors include the issue of enforcement notices, as well as the ultimate power to prosecute a company.
  • Enforcement is based upon the principles contained within the Cabinet Office Enforcement Concordat.
  • If an inspector considers prosecution may be appropriate, he must ensure the case passes the evidential and public interest tests laid down in the Code for Crown Prosecutors. Prosecution should only follow if both tests are satisfied.

Contact Walker Health and Safety Services Limited if you require advice.

 

Tips to Help Protect the Health and Safety of Visitors to Your Premises

Make sure you have the necessary systems in place to protect visitors and others to your premises.

Tips to Help Protect the Health and Safety of Visitors to Your Premises

  1. Walk your site regularly to determine where your hazards are, as part of your risk assessment process. Determine how those new to your premises could be hurt, be it from coming into contact with electricity, falling into pot holes or being in the path of workplace transport. Be sure to consider both indoor and outdoor risks.
  2. Think about the controls needed to prevent or reduce the risk. Cover up holes and gaps, and put signage up to warn of hazards. Use barriers to segregate pedestrians from vehicles, and ensure there are safe, designated walking routes to buildings from car parks.
  3. Communicate known risks by way of induction, or where appropriate, by verbal discussion.
  4. Ensure that visitors are accompanied at all times, and that they sign in and out so that you are aware of who is on the premises and when they subsequently leave.
  5. Ensure that any work undertaken by the visitor is properly supervised, and that you have identified any additional risks posed to others by the visitor’s work activities.

Contact Walker Health and Safety Services Limited for advice.

 

Published · Updated

Mobile Telephones in Vehicles

Recent items in the media concerning the use of mobile phones while stuck in traffic and the use of satellite navigation (satnav) apps on mobile telephones in vehicles has revealed a degree of uncertainty and inconsistency over the law and its application. There have been reports that in some parts of the country, drivers are being convicted, or at least warned, for just touching the device while driving and the Crown Prosecution Service’s (CPS) advice admits that there has been debate about exactly what “use” means.

The law

Regulation 110 of the Road Vehicles (Construction and Use) Regulations 1986 prohibits a person from driving, or causing or permitting another to drive, a motor vehicle on the road while using a hand-held mobile telephone or other hand-held devices of a kind specified. This regulation was added by the Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 2003 and extends to those supervising provisional licence holders while they are driving on the road. The regulation does not apply to devices built into the vehicle or secured in a cradle.

Which devices are covered

In addition to hand-held mobile telephones, the regulation also includes other hand-held devices of a kind specified. While the term “hand-held mobile telephone”, as opposed to “hand-held device of a kind specified”, is not defined, it would clearly be reasonable to assume its normal meaning. The other devices are defined as “a device, other than a two-way radio, which performs an interactive communication function by transmitting and receiving data”.

Specifically excluded are two-way radios using wireless telegraphy providing they do not operate on a frequency listed in the regulation. The frequencies used by CB radio are not listed in the regulation and it is apparently, therefore, not an offence to talk on one of these devices even if it is held in the hand to do so.

Use

An “interactive communication function” is further explained to include:

  • sending or receiving oral (ie telephone calls) or written messages
  • sending or receiving facsimile documents
  • sending or receiving still or moving images
  • providing access to the internet.

This list is not exhaustive, so any other use that involves making or receiving a call or any other interactive communication function involving accessing any sort of data, whether with a person or not, would provide grounds for prosecution.

Illegal use may be regarded as holding the device while talking or listening, pressing buttons or the touchscreen or looking at the screen. This last having been established in a recent case where a conviction resulted after a driver picked up a phone that he was using as a satnav, which had fallen from its cradle, and glanced at the screen before placing the phone in the door pocket.

Driving

The exact meaning of “while driving” may be a source of confusion to many ordinary motorists but should not be to professional drivers for it is established by case law to be exactly the same meaning as in the drivers’ hours legislation. Driving means being at the steering wheel for the purpose of controlling the vehicle with the engine running. It is the last bit that has caught out many drivers because, even though the vehicle may be stationary in a traffic jam with no possibility of moving, as long as the engine is running, the driver is still “driving”. If the driver in such a situation turns off the engine then it appears that no offence is committed by using a hand-held device, though that doesn’t mean that one cannot be alleged.

Penalties

Using a hand-held mobile phone while driving is an offence under s.41 of the Road Traffic Act 1988 and since 1 March 2017 has been penalised by a fixed penalty of £200 and six driving penalty points. If the case is dealt with in court, a maximum fine of £1000 may be imposed, rising to £2500 for the driver of an HGV. Magistrates also have the discretion to impose a disqualification from driving. In the case of an HGV driver, the Traffic Commissioner can also suspend the driver’s vocational entitlement for 21 days for a first offence, double that for a second offence, and so on.

Conclusion

In the case of uncertainty like this, the only safe course to adopt is not to do it at all. Drivers should at least:

  • place any hand-held device firmly in a cradle upon entering the vehicle
  • complete any satnav programming or playlist selection before moving off
  • only initiate calls if absolutely necessary and then only when traffic conditions are suitable
  • use auto-answer if available
  • keep talk time to a minimum
  • never use the internet or text
  • if in doubt, don’t.

Transport managers should also ensure that similar appropriate advice is given to all drivers and check to see it is being followed.

If you require assistance, please contact Walker Health and Safety Services.

 

Published · Updated

Tips to Make Sure that Stacking Activities Are Carried Out Safely

Tips to Make Sure that Stacking Activities Are Carried Out Safely

  1. Do a risk assessment to assess the hazards involved in the stacking and unstacking of loads. Consider how workers could be hurt if loads were to fall on them.
  2. Look at industry guidance on the correct method of stacking for your type of loads, and devise a suitable stacking system for your premises.
  3. Train employees on how to safely stack loads, including the means of lifting the items into place and the gradients to be used. Remember that unstable items should slope backwards at the top to stop them slipping forwards.
  4. Make sure that the racking and/or pallets used are suitable for the type and weight of the items they hold.
  5. If there is a risk of items falling, introduce zoned areas with restricted access to prevent people being in the vicinity of the stacked items. An exclusion zone can be sectioned off by barriers, or if this is not possible by painting a zoned area onto the ground.
  6. Inform workers about the maximum heights that stacks can reach, and undertake regular checks to ensure that these measurements have not been exceeded.

If proper stacking procedures are not designed and implemented then serious accidents can occur if loads fall. Make sure this does not happen on your premises.

Contact Walker Health and Safety Services Limited if you require advice.