Blog | Walker Health and Safety Services

Fire door inspection regime

Question We have several properties that are fitted with numerous timber-based fire doors. It has been suggested that we should be inspecting these regularly. Is this the case and how often should this be done as it could have significant resource issues?

Answer A fire door is a complex structure that consists of various elements that must be designed, installed and, very importantly, maintained so as to ensure the fire resistance performance requirements are achieved when required to do so.

Apart from maintaining compartmentation, the other main function of fire doors is to allow access and pedestrian traffic flow. This can lead to deterioration, wear/tear and damage to fittings or door elements due to repeated operation and/or abuse.

Article 17 of the Regulatory Reform (Fire Safety) Order 2005 (or its equivalent in Scotland and Northern Ireland) requires the responsible person to ensure that the premises and any facilities, equipment or devices are subject to a “suitable system of maintenance and are maintained in an efficient state, in efficient working order and in good repair”.

BS8214:2016 Timber-based Fire Door Assemblies. Code of Practice makes reference to this requirement while guidance from the Chief Fire Officers Association states that maintenance regimes should include “inspection and testing by a competent person, as necessary at suitable intervals”.

To meet this regulatory requirement, there are various good practice guides that can be followed to inform the responsible person as to frequency of inspections.

For example, BS9999:2017 Fire Safety in the Design, Management and Use of Buildings. Code of Practice recommends that automatic release devices are tested daily and monthly, while fire doors themselves are inspected every six-months.

However, BS8214 and guidance from the Architectural and Specialist Door Manufacturers Association (ASMA) suggest that the frequency of inspection can be determined according to the risk assessment and relative to the frequency of use of the doorway.

In general, frequently used doors (eg less than 80 times in a 24-hour period) could be inspected monthly and high usage doors (eg more than 200 times in a 24-hour period) weekly.

This could have resource implications where numerous doors are involved and as such, other factors could be taken into consideration as part of the assessment including the:

criticality of the door in terms of function and life safety or asset protection
likelihood of the door being damaged by impact and/or abuse.

Any decisions on the inspection regime should be recorded along with the rationale and kept under review to adapt to any changes in circumstances. It should be remembered that the fire strategy for buildings almost always assumes that fire doors operate as they were designed to, ie why appropriate maintenance is essential.

Toolbox Talk: Slips, Trips and Falls

Why have this talk? Every year many accidents resulting in injuries occur through slips, trips, and falls. Most of these slips, trips and falls that occur are easily preventable with a little consideration and care.

What will this talk cover? The causes and prevention of slips, trips, and falls.

Toolbox Talk: Slips, Trips and Falls

What causes slips, trips and falls?

The most common reason for injuries from falls is poor housekeeping, ie mess. Items lying about will trip someone up if not put away in a safe place.
Where oils and grease are used, spills will create a slip hazard if not immediately cleaned up.
General debris from building works can quickly accumulate and form a tripping hazard.
Trailing cables are another frequent cause of tripping.
Mud left on equipment surfaces or ladder rungs will represent a slipping hazard for the next person.
Reduced levels of natural light, for example during winter afternoons, can easily increase the tripping hazards if adequate access lighting is not provided. Tools, equipment, and materials that are visible in full daylight will be harder to spot in reduced lighting.

How to prevent slips, trips and falls

Clear up waste materials as you create them. Lightweight waste should be bagged or bundled, and all sharp objects removed, eg nails from waste timber.
Do not leave tools, equipment or unused materials lying about on the floor.
If you are using substances which could spill, ensure that you have a means of effectively clearing up any spillage.
As far as possible, cables for work equipment should be secured above head height. If cables must be routed at floor level, try to avoid crossing pedestrian walkways and use fluorescent or warning tape to highlight potential trip hazards at floor level.
If the workplace is muddy, scrape off mud from footwear before using access equipment or walking anywhere that may be a danger to others.
Be aware of the increased risks of tripping as the level natural light fades; use additional lighting and ensure that all tools, equipment, and materials are stored in a safe location.

Questions for employees

What can you do in your job to reduce slip, trip, or fall hazards?
How can you manage the risk from trip hazards at floor level?
What is the correct procedure for clearing up a spilt liquid?
How can you improve workplace lighting as the sun sets?

Do you have any questions for me?

Toolbox Talk: Vibration

Why have this talk? Exposure to vibration can result in serious injury and disability.

Also, vibration and sound waves can travel through the ground and cause disturbances to the environment and local community, as well as causing structure damage over time.

What will this talk cover? The sources, effects, and methods of overcoming excessive vibration and reducing nuisance to others from vibration.

Who is most at risk? Those who regularly use high-vibration tools, equipment and machines.

Toolbox Talk: Vibration

Harm caused by vibration

Depending on the situation, vibration can be whole-body or, more commonly, hand–arm vibration.
Symptoms can appear after only a few months in some people but can take several years in others.
The first sign of a hand–arm problem may be just a tingling in the affected fingers.
In the longer term, damage may occur to blood vessels, nerves, muscles, tendons, and body organs.
Excessive hand–arm vibration can lead to “vibration white finger” resulting in damaged blood vessels, circulatory problems, pain and possibly gangrene. Workers can find it hard to hold items.
Whole-body vibration can lead to a range of seemingly unrelated medical problems, such as headaches, blurred vision, back ache, irritation, fatigue and digestive issues.
The harm caused can affect a person’s attention to safety in the workplace and therefore increase the likelihood of an accident occurring.

Sources of vibration

Many items of equipment and plant can cause vibration.

Hand–arm vibration damage is mostly caused by hand-held power tools, for example

rotating hand tools used for cutting and grinding
percussive hand tools used for riveting, chipping, hammering, drilling, etc.

Whole-body vibration can be caused by, for example:

long-term driving over uneven ground
sitting or standing on platform or equipment that vibrates or has repetitive impacts.

How to prevent and control vibration

If available, select tools with vibration-absorbing features.
When using a tool which causes vibration, break the task up with other work activities.
Know the maximum amount of time the tool can be used to keep within safe exposure limits.
If you think you are suffering ill effects from vibration, cease the activity, speak to your line manager or supervisor and seek medical advice if necessary.
Where possible, keep plant that can cause vibrations away from public areas.
Do not leave doors, hoods, etc open on plant or leave plant or equipment running unnecessarily.
Do not use poorly maintained plant or tools.
Any work that may create significant vibrations should be planned to minimise potential nuisances to the local community.
Do not ignore complaints from the local community. Respond politely and pass the complaint onto the appropriate line manager.
Do not undertake activities that could cause damage to nearby structures through vibration unless approved by a line manager.

Questions for employees

What tools do you use that cause hand-arm vibration?
What would you do if you noticed your fingers were tingling after you had a finished a long job using a percussive hand tool?
How can you avoid excessive vibration?
What work do you undertake that may cause vibrational disturbances to surrounding areas?

Do you have any questions for me?

Winter’s coming: are you prepared?

Winter’s coming: are you prepared?

This autumn there have already been incidents of severe flooding, hurricanes and even snow. Although, it is tempting to hope that such extreme weather is just a one-off, our changing climate means that we are likely to experience more severe weather, not less.

The Climate Change Committee has warned that “future UK winter weather may be dominated more often by weather patterns associated with wetter, wilder and windier winter weather”. And although bitingly cold winters are not a key part of the predictions, variability is, meaning that businesses would be wise to properly prepare for winter regardless of how cold, or snowy, it might be. The cold, icy conditions experienced during the winter of 2018/19 — which led to temperatures plummeting to -14°C in the Cairngorms in Scotland and bringing some cities to a halt — were estimated to have cost the UK economy £1 million for every day of disruption.

Preparing for winter

To prepare for inclement weather, a winter plan should be put together with an associated risk assessment. This should be carried out well in advance, and revisited and revised throughout the cold period. The winter plan will be part of the suite of contingency plans already in place that outline what could happen in worst-case scenarios, and how these risks are mitigated and managed. For example, how would the business fare if power supplies went down?

Due to the impact of Covid-19 and the resulting lockdown, last year’s winter plan was likely to have been radically different to those preceding it. Some aspects may be still relevant; others may need adapting based on the current and anticipated measures for Winter 2021/22. As part of any planning process, include a review of how the plan fared last year, as well as the year before, so that new approaches can be adopted where processes were less than ideal.

Some areas that could be addressed as part of winter planning are outlined below.

Preventive maintenance

Bad weather and high winds can expose any building flaws, especially in areas such as roofs or windows. Before winter comes, carry out a condition survey to identify any potential problems, and prioritise them for repair.

Similarly, regularly inspect heating systems and any other plant required for emergencies, such as back-up generators. Proactive maintenance and regular inspections will help reduce the chance of failure when these bits of kit are most needed. Consider setting additional “winter” KPIs to help track and monitor those tasks that need to be given higher priority during this time.

Proper ventilation will also be crucial this winter to help reduce the spread of Covid-19. Options such as opening windows may become less appealing as it turns colder, and so mechanical ventilation will be relied upon. Again, preventive maintenance will help ensure that all systems are functioning well.

Slips and trips

Snow and ice are two obvious winter problems that can be a hindrance to any business. Make sure that supplies of grit are fully stocked, and that weather warnings are regularly checked so that the grit is used when needed. Staff employed to spread grit need proper personal protective equipment (PPE) as well as a map of where to grit, and priority areas. Keep records of where and when gritting takes place and fully train staff. Also ensure that any gritting is carried out in a Covid secure manner, for example, by providing individual PPE.

Do not forget inside the building too — staff bringing snow and ice in on their shoes can create slippery surfaces, so consider adding extra mats at the front doors to help keep the building clean and to absorb any extra wetness.

Remember that slips and trips are not just isolated to times when snow falls. Darker mornings and evenings can cause more accidents, as can autumnal leaf fall. As part of maintenance checks, ensure external lighting is adequate and that entrances and pathways are kept clear of leaf litter and debris.

Staff working outdoors

As part of the maintenance team there might be people who are regularly working outdoors. Although minimum working temperatures do not apply for these workers, there is, however, still a duty of care to ensure that people are not working in unsafe conditions. This could mean that managers need to look at rotas to avoid staff working outside in the cold for long periods of time, as well as making sure there are adequate facilities for people to warm up and take a break. The availability of facilities is especially critical if breaks need to be staggered due to Covid-19, or if the usual facilities have changed. Additional PPE to account for the weather can also be appropriate — for example, having good waterproofs.

Managing sickness

Along with bad weather comes the dreaded winter flu. This year, seasonal flu may also coincide with another wave of Covid-19 infections meaning that managing sickness will be more important than ever. Health and Safety representative and managers can play an important, if not visible, role in reducing the impact of staff illness spreading. For example, by stocking up on soap and alcohol gels and working to promote “hands, face, space” messaging and other good behaviours to reduce the spread infections.

Winter doesn’t always mean catching a cold. For some, it can also bring about the onset of Seasonal Affective Disorder (SAD) as well as a propensity for less exercise and a change in diet. The impact that Covid-19 has had on mental health is well documented, and the onset of winter can make any pre-existing condition worse. Keep this in mind; perhaps renew or re-launch any wellness campaigns or promote any mental health support that is offered by the business.

In short, plan ahead. Make sure that a winter plan is in place, any maintenance is carried out and that the business is ready should the worst happen. If bad weather does strike, then remember to review how it went afterwards and implement any changes that might be necessary.

Can staff refuse testing and vaccines?

How employers can deal with a situation where staff refuse to take the Covid-19 vaccine and/or partake in in-house testing.

Can staff refuse testing and vaccines?

Although a number of Covid-19 vaccines have been approved for use in the UK, the virus remains a present threat, with many employers asking how they can help to reduce the virus’ spread. Workplace Covid-19 testing and vaccine take-up come to mind; but how can employers deal with staff refusals and what might make staff refuse in the first place?

In-house testing

Employers whose staff have returned to work as lockdown rules are eased in the UK may have already begun mass testing their employees for Covid-19, or are thinking about doing so. Mass testing in the workplace can enable employers to spot asymptomatic positive cases of the virus and reduce the possibility of it spreading to other members of staff.

Employers in the position to offer in-house testing may have started encouraging their employees to take the opportunity to have regular testing when it is offered to them. The word “encourage” is emphasised here as it is unlikely that there will be a clause in employee contracts allowing employers to require them to be tested. To enforce it is therefore likely to be an unlawful change to contract terms and conditions.

Having said that, if enforcing in-house testing on staff is not advisable, this means that staff can refuse to be tested if they do not want to be. Perhaps they would prefer to test themselves at home? Some members of staff may find the testing process, of taking throat and mouth swabs, to be very uncomfortable, and others may feel it unnecessary if they are not experiencing any symptoms. In this case employers should attempt to reason with the employees and put the point across to them that the implementation of in-house testing is a crucial one to prevent asymptomatic cases from going undetected, resulting in the continued spread of the virus.

By having in-house testing on offer, employers would be doing their part to ensure that they are safeguarding their employees’ health and safety. However, this would be made difficult if employees are unreasonably refusing to be tested when offered. It may therefore be necessary to keep staff working from home for longer, or implement social distancing in the workplace so that contact is limited between staff members.

Disciplinary action may be necessary, however, as any employee who refuses to be tested runs the risk of unknowingly putting their colleagues’ health and safety at risk. This should be a last resort.

Vaccines

When it comes to vaccines, arguably, the biggest question that many employers will have is whether they can legally oblige their employees to take the vaccine before returning to work. As with testing, the Government has not chosen to make Covid-19 vaccines mandatory, except for the care sector.

The Government confirmed on 17 June 2021 that the vaccine would be compulsory for care home staff and it is estimated that 10,000 care homes will be affected. The law was in place from 1 October 2021 and staff have until 11 November 2021 to get vaccinated, unless they have provided a temporary self-certification exemption form available from the Government. Formal confirmation, via the NHS Covid Pass or presentation of a MATB1 form (for pregnant staff), must be provided by 24 December 2021. From that date, the self-certificated form can no longer be used. Affected staff were given a 16-week grace period to get the vaccine or face being redeployed or lose their job. This only applies to England. Scotland and Wales have confirmed they will not be mandating the Covid-19 vaccine for care home staff.

The Government is also considering making both the Covid vaccine and the flu vaccine mandatory for deployment in other healthcare sectors in England.

For the majority of employers, the most appropriate course of action will be to, again, encourage staff to take the vaccine.

If employees refuse to take the vaccine because they are not contractually obliged to do so, employers should think about sharing information with staff about the vaccine from official sources. This reduces the likelihood of them refusing to take the vaccine because of fears stemming from the spread of false information.

As the vaccine may be seen as much more medically invasive when compared to testing, refusal can result for a number of reasons which should not be disregarded, eg allergies, pregnancy, etc. Employers are therefore not advised to take disciplinary action against employees. Doing this may mean employers risk facing claims of discrimination or unfair dismissal (including constructive unfair dismissal). To deal with this, it may be necessary to, in addition to sending out information from reliable sources, keep staff working from home for longer or test staff at work to reduce the chances of the virus spreading within the workplace.

How a policy might help

To facilitate testing and vaccine roll-out, employers can implement a Covid-19 testing and vaccine policy which employees should have easy access to. The policy should set out why testing at work and the take-up of the vaccine are encouraged, who will manage the testing process (third party/trained staff), where the testing will take place and how, as well as details on how test results will be processed.

What does all this mean?

In-house/rapid testing and the Covid-19 vaccine are big topics which both need to be handled with the utmost care. Although the actions employers take will be similar in both cases, it is important to look at them separately to ensure that they are dealt with appropriately and that, most importantly, they are led by encouragement rather than enforcement.

Rapid and in-house testing as well as the vaccines are not required to be taken-up by law and it is ultimately up to employers to encourage it. That said, unless employers can clearly justify why mandating mass testing and requiring staff to be vaccinated is necessary, it should remain optional.

Enforcing testing in some cases and vaccinations, and disciplining employees who refuse to partake, could lead to costly constructive dismissal or even discrimination claims, unless such an action is justifiable. Discrimination may arise where employees have valid reasons for their refusal which are connected to a protected characteristic under the Equality Act 2010.

THE BLOG WHAT'S NEW?

Fire door inspection regime

Toolbox Talk: Slips, Trips and Falls

Toolbox Talk: Vibration

Winter’s coming: are you prepared?

Can staff refuse testing and vaccines?

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