June 2019Birmingham Health, Safety & Environment Association BHSEA

Introduction / Welcome

Hazard Spotting

Main Topics / Presentations

Toolbox

Other

Member Discounts

News / Stop Press

Next event(s)

Sharing Learning Improving

10 JUNE 2019

Meeting / Event - Newsletter

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07881 290238 secretary@bhsea.org.uk www.bhsea.org.uk

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Registered Safety Supplier Scheme Paul Manning

British Safety Industry Federation

Legal UpdateLouise Mansfield, Pinsent Masons LLP

Fire UpdateAndrew Litchfield, Gowling WLG

Main Theme Legal Update and Refresher

£

June 2019Birmingham Health, Safety & Environment Association BHSEA

Good Food – Good Networking – Good Presentations

June 2019Birmingham Health, Safety & Environment Association BHSEA

Guests, New Members, New Attendees

Guests

Simon Murawski – ProEconomy (Water Company)

Liz Rollinson – Wieland Metals Birmingham Limited

New Members

Chad Jones – DWJ Harkin

Steve Cooke – Dewsbury & Proud

Rob Bayliss, Don Holden, Scott Graham – Persimmon Homes

June 2019Birmingham Health, Safety & Environment Association BHSEA

Access to foot ferry

What is good or not good?

Continued

Floating platform

‘Bridge’ hinged at the opposite end

June 2019Birmingham Health, Safety & Environment Association BHSEA

Access to foot ferry

!Tripping hazard at edges of ramp when going off to the left or right - no barrier rail and no painted yellow ‘warning’.

June 2019Birmingham Health, Safety & Environment Association BHSEA

Link to presentation slides

Registered Safety Supplier Scheme Paul Manning, British Safety Industry Federation

Member Services Manager Paul has over 20 Years experience in safety & personal protective equipment, which breaks down into: 16 Years selling a multitude of safety products, 4 years working for a test lab in PPE/Notified Body and the last 2½ years at BSIF.Key Points:

BSIF is the UK’s leading trade body for the safety industry, representing manufacturers, distributors, importers and service providers within safety and health markets. They provide support and guidance on a wide range of occupational safety issues, have approx. 300 members - for example Uvex, Honeywell, Lakeland, 3M, BOC - and work in co-operation with a range of organisations such as HSE, Environment Agency, Trading Standards, SGUK, IOSH, IIRSM.

The new PPE Regulation (EU) 2016/425 (applicable wef 21 April 2018) replaced Directive 89/686/EEC.

Under the old Directive, manufacturers were responsible for product compliance. The new Regulation has legally binding responsibilities and obligations for ‘Economic Operators’: manufacturers, authorised representatives, importers and distributors - all with record-keeping and verification obligations.

An EU Declaration of Conformity must accompany each item of PPE which should have user instructions in the end user’s language. The technical documentation must be retained by Operators for 10 years.

There are three categories of equipment: 1: self-certification (eg gloves), 2: intermediate (eg safety helmets), 3 high level (eg respirators/harnesses). BSIF check that safety equipment complies with manufacturers claims and weed out counterfeit items. Over the past two years, 20% of members’ category 3 (high risk) PPE products have failed tests.

BSIF lead 11 product working groups, ranging from head protection to measurement and instrumentation, enabling members to discuss and help influence safety standards.

There is a registered safety suppliers scheme (see www.registeredsafetysupplierscheme.co.uk) to help find the right supplier. RSSS members’ staff have undergone a publicly recognised qualification in selling PPE.

June 2019Birmingham Health, Safety & Environment Association BHSEA

What legislation applies to what situations?

Legal Update presentation - link on next slide

June 2019Birmingham Health, Safety & Environment Association BHSEA

Health & Safety – What’s New?Louise Mansfield, Pinsent Masons LLP

Link to presentation slides

Key Points:HSE will undertake 20,000 proactive inspections in 2018/19. Fines of £72.6million were raised in the year 2017/18. In the same year: 517 prosecutions, 493 convictions and 144 workers were killedThe annual cost of work -related injury and ill-health is around £15bn (£3bn borne by employers)Personal Prosecution of directors, on the increase due to public pressure, mostly in smaller organisations. Gross Negligence Manslaughter – new sentencing guidelines from December 2018 (applicable to anyone sentenced on or after this date) are likely to lead to an increase in the length of custodial sentences. There are four categories of culpability and for Category A offences the starting point is 12 years. Brexit - Current legislation will stay in place, with some changes, but with very little effect on daily life.HSE – remain focused on health. A greater number of deaths occur as a result of work-related ill-health than through accidents. Long-latency conditions such as work-related lung-disease have yet to peak.HAVS – beware that symptoms are not due to an underlying health condition, such as Reynaud’s Disease.RIDDOR – make sure RIDDOR reporting applies to the circumstances; get a second opinion if necessary. FFI – Fees wef 6 April 2019 now £154 per hour. Any query must be raised within 21 days. If upheld, a dispute can be raised but this will incur a charge. Ensure invoices are not automatically paid but directed to staff who can accept that you are in material breach of the law. If you go on to be prosecuted, not having challenged it could affect your defence. Prohibition and Improvement Notices – these will stay on your record so always challenge those you do not agree with, where you can prove there was no risk. H&S fines – very large fines can and are handed out where injuries have not occurred or are moderate; the courts are looking at the risk of death or injury and will take into account: persistent breaches over time, previous warnings, poor safety record and how you dealt with the situation/incident. Aim to maintain a good relationship with the Regulator. Be aware that everything you say to the HSE is documented and can be used in evidence at a later date in conjunction with some other issue.

June 2019Birmingham Health, Safety & Environment Association BHSEA

Fire UpdateAndrew Litchfield, Gowling WLG

Andrew leads the Regulatory Crime team at Gowling WLG, helping clients investigated and prosecuted for a range of regulatory breaches including: health and safety, environmental, consumer and product liability matters

Key Points:

14 June 2019 is the second anniversary of the Grenfell Tower Fire, in which 72 people died.

The Tower was built in 1974 and the decision was made in 2014 to refurbish the block by cladding the outside, installing new double-glazed windows, new fire doors and smoke extraction system. The programme took two years.

Following the fire, the Metropolitan Police have conducted a large-scale investigation.

7,000 witness statements have been obtained and 13 PACE interviews have taken place. Some individuals are being interviewed as suspects in their own right, others as representatives of their organisations. It is likely to be another two years before anyone is charged under the possible offences of Corporate Manslaughter, Gross Negligence manslaughter and health and safety offences.

The public Inquiry is in two phases. Phase 1 evidence was heard before Christmas 2018. This covered what happened on the night of the fire, how the fire service responded, how the fire spread, the fire doors, smoke alarms, how the fire got into the cladding etc. A report is due out in October 2019.

Phase 2 will likely follow in 2020. This will explore wider issues such as the applicability of the relevant building regs, the product testing regime and how the industry operated. This will then be applied to the circumstances of the Grenfell refurbishment project.

Residents are also bringing civil actions for damages against the companies involved.

Points to remember: exchange relevant information with the supply chain, ensure no one is put at risk by your undertaking, consider the maintenance and on-going use of the building during the design phase, consider how the law would be applied after an event in your organisation and how your preparations would be interpreted, ensure that risk management is considered before making any changes to the original specification.

June 2019Birmingham Health, Safety & Environment Association BHSEA

Often, people use the ‘law’ to support their case or argument.

When this results in something that seems illogical, particularly onerous or costly, it can be useful to explore (and possibly to ask) whether they are refering to:

the law as written?

the law an interpreted? e.g. it may be a local interpretation by a well meaning, possibly inexperienced, person

the law as enforced?

the law as intended?

the law as applied in practice? e.g. as applied by companies including large multi-nationals that have good health and safety systems and standards.

It can be helpful and often enlightening to follow up with further questions and if

neccessary to seek other opinion, perhaps from an industry group, professional

body, or health and safety group.

Challenging the ‘law’

June 2019Birmingham Health, Safety & Environment Association BHSEA

A materials supplier and a maintenance contractor have been fined a total of £750,000 following the death of a floor layer in London.

Westminster Magistrates’ Court heard that on 4 September 2015, 30-year-old Paul Tilcock was found dead by the owner of house in Mitcham on the bathroom floor.

The adhesive used to fix the flooring contained a large amount of dichloromethane.

An HSE investigation found that contractor T Brown Group Ltd had not implemented any systems or procedures adequately to control the risks to its employees from working in an enclosed space with a substance known to be hazardous to health.

The decision on whether to wear face masks or on what type of respiratory protection should be used was left up to employees.

When Tilcock’s body was found he was wearing a completely ineffectual face mask.

Altro Limited, the flooring company who supplied the adhesive, was found not to have ensured so far as reasonably practicable that the product supplied was safe to use at all times.

Hazardous Substance - Fatality - Ineffectual Face Mask

Fit testing basics:RPE can't protect the wearer if it leaksA major cause of leaks is poor fitIncludes ‘A note on facial hair’

http://www.hse.gov.uk/respiratory-protective-equipment/fit-testing-basics.htm

June 2019Birmingham Health, Safety & Environment Association BHSEA

https://www.hse.gov.uk/

June 2019Birmingham Health, Safety & Environment Association BHSEA

https://www.youtube.com/watch?v=FZO8R9giCf0&feature=youtu.be

June 2019Birmingham Health, Safety & Environment Association BHSEA

ACT is a leading provider of health, safety and environmental solutions offering innovative tutor-led training courses, e-learning and publications. It also provides a variety of audit and consultancy services. Discount 15% Click here for further information

Arco is the UK's leading safety company, distributing workwear, safety equipment and safety services. Arco offers over 170,000 quality assured, branded and own brand products including workwear, footwear, PPE and workplace safety products. Arco Professional Safety Services offering training, consultancy, site services, rescue and safety products. Arco have 50 stores through the UK and Ireland. Discount 15% on retail store purchases. Click here for further information

Membership of RoSPA, the UK's pre-eminent safety organisation, has several benefits including: being part of a safety community, monthly safety journal, free helpline and discounts on goods and services including safety signs and RoSPA training courses and consultancy services. Discount 50% on membership. Click here for further information

Discounts for BHSEA membersNegotiated by

https://www.safetygroupsuk.org.uk/info-for-groups/discounts/Safety Groups UK website:

June 2019Birmingham Health, Safety & Environment Association BHSEA

Hazard Spotting e.g. photo, picture or poster

Main Theme - suggest a topic and/or speaker

Toolbox e.g. a form, checklist, tool or technique

Question - any issue, topic or speaker incl. HSE

Poster e.g. picture from HSE publication or website

Useful website / webpage - not only UK

Video e.g. something on YouTube

Good practice example, photo etc

News e.g. an article you have come across

NOTE: Hazard Spotting: Person or organisation not to be identifiable –unless they wish to be.Copyright: BHSEA will consider possible copyright issues including use of Open Government Licence(OGL).

Include a title, a few words, photo, screenshot, link to website etc as appropriate.

If possible, but not essential:

- use PowerPoint (one slide / page per item)

- identity the source of the item

Supporting BHSEA – benefiting othersYou can help!

June 2019Birmingham Health, Safety & Environment Association BHSEA

Would you be prepared to share your experience, good or otherwise?

Do you have any tools, techniques, forms, procedures etc you would you be willing to share?

Note: Company names can be removed. Also, any clients, individuals or potential guilty parties should not be identified / identifiable.

9 September 2019Managing Contractors and Suppliers

YOU CAN HELP

Offers please to the Secretary, Liz Prophett07881 290238

secretary@bhsea.org.uk

June 2019Birmingham Health, Safety & Environment Association BHSEA

Introduction / Welcome

Hazard Spotting

Main Topics / Presentations

Toolbox

Other

News / Stop Press

Next event(s)

Sharing Learning Improving

9 SEPTEMBER 2019

Meeting / Event - Newsletter

Links via icons or arrows

07881 290238 secretary@bhsea.org.uk www.bhsea.org.uk

If possible please confirm your attendance by contacting Liz Prophett

Everyone welcome

12.45pm for 1.30pm – 3.45pm

VENUE TO BE ADVISED

Links via icons or arrows Main Theme Managing Contractors and Suppliers