THE BLOG WHAT'S NEW?

Today (31 July) marks the 40^th anniversary of when the Health and Safety at Work etc. Act 1974 (HSWA) received royal assent.

Arguably it is one of the best pieces of legislation on the statute books – although we know it is often misunderstood and misinterpreted. It has protected millions of British workers, and driven sharp reductions in incidents of occupational death, serious injury and ill health.

In 1974, fatalities to employees covered by the legislation in place then stood at 651. The latest figure for 2012/13 was down to 148 for employees and self-employed combined. The actual reduction is probably more than this as data for sectors not covered by health and safety law pre 1974 was not collected. In the same time frame (and with the same caveat) non-fatal injuries have dropped by more than 75 percent. There is still room for improvement clearly, but the change in the last 40 years is quite remarkable.

Before the 1974 Act there was a host of different regulations – some industries swamped with prescriptive rules and others with little or no regulation at all. Much of our current reform agenda is aimed at: stripping out unnecessary or duplicated regulation and helping smaller businesses to understand how to take a proportionate approach to managing their risks – but the basic principles remain the same.

Forty years on the Health and Safety at Work Act has demonstrated it can be applied to new responsibilities and new demands, creating the framework for people to come home safe and well from a day’s work in any sector of the economy.

The legacy is a safety record envied around the world.

The Regulatory Reform (Fire Safety) Order 2005 (RRO) states that a competent person must have the correct qualifications, training and experience, access to the relevant tools, equipment and information, manuals and knowledge of the special procedures recommended by the manufacturer of the extinguisher. Fire extinguishers must be serviced by the competent person in accordance with British Standard BS5306-3:2009: Code of Practice for the commissioning and maintenance of portable fire extinguishers, which sets out the procedures.

Ensure Correct Fire Extinguisher Maintenance with these 6 Tips

1. The mass of the extinguisher must be checked against that recorded on the maintenance label when first put into service or last recharged. Labelling must not obscure the BS EN3 markings or manufacturer’s markings.
2. The label must state that maintenance was carried out according to BS5306-3. It must also record the measured mass of the extinguisher at the time of servicing or the difference between the measured mass at the time of service and the mass recorded at commissioning.
3. When your extinguisher is recharged, this must be recorded on the label. The words ‘Non-maintained’ can only be used if the technician does not have the parts available and does not intend to return to your site.
4. Extinguishers manufactured to older British Standards may still be serviced so long as they can be returned to a serviceable condition. Soda, acid, riveted and plastic-bodied extinguishers and those requiring inversion are excluded.
5. The technician should provide a written report which advises the Responsible Person of any extinguishers that have been condemned, not maintained or are missing; of any replacement extinguishers needed to meet the minimum requirements of BS5306; that any replacement or additional extinguishers are provided as soon as possible and that there must be adequate fire fighting equipment available at all times.
6. There is a tolerance period of 1 month either side of the 12 month basic service interval, so there is a saving to be made by not bringing the service forward, which some technicians may recommend.

Avoid putting your workers and others who use your premises at risk. Ensure your fire extinguishers are maintained by a competent person.

If you are responsible for a school, retail and distribution warehouse or catering premises, your business is at higher risk than others. You can help prevent your business becoming another arson statistic by adopting a few simple precautions.

10 Tips for Arson Prevention

1. Review your overall fire risk assessment and make sure it considers potential for arson. Ensure fire equipment such as alarms, extinguishers, detectors and sprinklers is maintained and protected against sabotage.
2. Encourage staff to challenge visitors and report suspicious behaviour. Train them to be security conscious and be aware of their contribution to arson prevention.
3. Maintain the building fabric in good repair and seal gaps beneath external doors.
4. Limit quantities of flammable substances or LPG on site and keep them locked away at all times.
5. Ensure that any dark recesses in your premises, e.g. inset doorways, enclosed yards, alleyways etc., are secured with a gate or door – arsonists can start fires without being seen by passers-by.
6. Ensure that rubbish bins have lockable lids. If they can’t be locked, they should be stored within a secure compound or chained to an immovable object at least six metres from any building and away from overhanging roofs. The same applies to skips you may use to collect rubbish.
7. Choose someone to carry out checks to ensure everyone has left your premises before you lock up at the close of business. Ensure that all employees who access the building during non-standard hours are made aware of their responsibilities and your fire arrangements. Know who holds keys to the premises and chase any that are missing.
8. All windows should be locked when there are no workers on site.
9. Fit a metal container to the inside of your letterbox to contain fire started by lit materials which may be posted.
10. Don’t forget to reduce subsequent losses and disruption from a fire by preparing a disaster recovery and business continuity plan.

Arson is now one of the UK’s fastest-growing crimes. Don’t let it happen to your business – take action now.

Contact us should you require advice.

The identification of hazards is the most important step in any risk assessment because any hazard omitted will result in the associated risk not being assessed. It is important to distinguish between continuing hazards, i.e. those inherent in the machinery when operating under normal conditions, and hazards which can result from failures or error. Begin by making a list of all machinery, taking into account all its life stages, including installation, commissioning, correct use and operation, maintenance and decommissioning.

6 Key Points to Consider when Identifying Machinery Hazards

1. Identify hazards by means of physical inspections, task analysis, process analysis and analysis of accident data. Involve your workers and safety representatives, as they are most likely to know about hazards associated with their work.
2. You should inspect each machine and the way it is operated to identify any parts, processes, operating procedures, work activities and any danger zones, including moving parts. Make sure that guards are in working order and appropriate for the machine. Guards must protect your operators from ejected materials and rotating parts.
3. There are a number of potential machinery hazards, which include the materials or items being processed and internal sources of energy, e.g. electricity. According to HSE, the following are the most common situations which result in injury or serious harm to people:
   • A worker coming into contact with parts of a machine by being drawn into a machine or position where they may sustain injury;
   • Being caught between moving parts of the machine and a fixed structure such as a wall;
   • Being struck by parts of the machine;
   • Being struck by ejected material;
   • Being struck as a result of release of potential energy in machine components or materials being processed.
4. Consider also hazards relating to the location of the machine, the environment in which it operates and proximity to other structures. Don’t forget to include the consequences of reasonably foreseeable misuse or malfunction.
5. Other factors to take into account include manual handling, fatigue, workflow and design and ergonomics.
6. Hazard identification and management should be conducted and monitored on an ongoing basis to ensure control measures are in place and working and that no new hazards have been introduced.

Failing to address machinery hazards usually results in court cases and large fines. Take action now to prevent this from happening to your organisation.

Legionellosis is the collective name given to the pneumonia-like illness caused by legionella bacteria. This includes the most serious legionnaires’ disease, as well as the similar but less serious conditions of Pontiac fever and Lochgoilhead fever. Legionnaires’ disease is a potentially fatal form of pneumonia and everyone is susceptible to infection. However, some people are at higher risk, including:

• people over 45 years of age;
• smokers and heavy drinkers;
• people suffering from chronic respiratory or kidney disease; and
• anyone with an impaired immune system.

What are my duties?

Under general health and safety law, as an employer or person in control of a premises (eg a landlord), you have health and safety duties and need to take suitable precautions to prevent or control the risk of exposure to legionella. Details of the specific law that applies can be found in part 1 of Legionnaires’ disease: The control of legionella bacteria in water systems.

Carrying out a risk assessment is your responsibility and will help you to establish any potential risks and implement measures to either eliminate or control risks. You may be competent to carry out the assessment yourself but, if not, you should ask someone with the necessary skills to conduct a risk assessment. This can be done by someone from within your own organisation or from Walker Health and Safety Services.

The guidance is for duty holders, which includes employers, those in control of premises and those with health and safety responsibilities for others, to help them comply with their legal duties. These include identifying and assessing sources of risk, preparing a scheme to prevent or control risk, implementing, managing and monitoring precautions, keeping records of precautions and appointing a manager responsible for others.

The guidance gives practical advice on the legal requirements of the Health and Safety at Work etc Act 1974, the Control of Substances Hazardous to Health Regulations 2002 concerning the risk from exposure to legionella and guidance on compliance with the relevant parts of the Management of Health and Safety at Work Regulations 1999.

The guidance is in three parts:

Part 1: The control of legionella bacteria in evaporative cooling systems
Part 2: The control of legionella bacteria in hot and cold water systems
Part 3: The control of legionella bacteria in other risk systems

If you require further information or assistance, please contact us.