ÿþ<!DOCTYPE html PUBLIC "-//W3C//DTD XHTML 1.0 Transitional//EN" "http://www.w3.org/TR/xhtml1/DTD/xhtml1-transitional.dtd"> <html xmlns="http://www.w3.org/1999/xhtml" > <head> <title>Safety Times - Issue 42 - Nov</title> <style type="text/css"> .BlueH1 { color: #00718f; font-family: Arial, Sans-Serif; font-size: 25px; font-weight: bold; margin: 0px 0px 0px 0px } .Blue { color: #00718f; font-weight: bold; } .LightBlueBG { background-color: #98c7d6 } .BlueH3 { color: #00718f; font-family: Arial, Sans-Serif; font-size: 14px; font-weight: bold; margin: 0px 0px 5px 0px } .BlueH2 { color: #00718f; font-family: Arial, Sans-Serif; font-size: 20px; font-weight: bold; margin: 0px 0px 5px 0px } P { font-family: Arial, Sans-Serif; font-size: 13px; color: #57595b; margin: 10px 0px; padding: 0px; } UL { font-family: Arial, Sans-Serif; font-size: 13px; color: #57595b; } OL { font-family: Arial, Sans-Serif; font-size: 13px; color: #57595b; } LI { font-family: Arial, Sans-Serif; font-size: 13px; color: #57595b; } P A { font-family: Arial, Sans-Serif; font-size: 13px; color: #00718f; } </style> </head> <body> <table width="672"> <tr> <td><img src="header.jpg" /></td> </tr> </table> <table width="672"> <tr> <td colspan="1" align="right"> <table> <tr> <td valign="top"><p><strong>Issue 42 - Nov 2011</strong></p></td> <td><a href="http://www.merchantsafety.co.uk/" target="_blank"><img src="merchantsafety.jpg" border="0" style="border: none 0px white" /></a></td> </tr> </table> </tr> <tr> <td width="672" valign="top"> <table width="672" ID="Table1" cellspacing="10"> <tr> <td valign="top"><img src="image1.jpg"></td> <td> <h1 class="BlueH1"><a name="1">In court... Jewson Employee fined for Safety Breach </a> </h1> <p>A lorry loader working for builders merchant Jewson has been fined after another worker was crushed in the brick clamp of the lorry loader, leaving him with serious internal injuries. <br /><br /> Mark Pratten, an experienced lorry loader, used a brick clamp on a lorry crane to lift Peter Hoy, 47, a self-employed general builder off the roof of a cabin on a construction site while he was there to collect building materials from the site. <br /><br /> Mr Hoy climbed onto the roof of the cabin to try to guide the crane to the building materials. The lorry loader, Mr Pratten, tried to lift him off the cabin roof quickly by using the grab of the crane but used the wrong switch and inadvertently operated the clamp button crushing Mr Hoy. <br /><br /> The arms clamped Hoy's waist, fracturing his pelvis and causing crush-related internal injuries, including nerve damage. He is still off work. <br /><br /> An investigation by the Health and Safety Executive (HSE) found that Mr Pratten was fully trained, had more than 20 years' experience in that line of work and was familiar with the controls on the machine he was using and aware of its capabilities. <br /><br /> Speaking after the prosecution, HSE inspector Helena Tinton said: "Even if the clamp had not been activated, attempting to lift Hoy down from the cabin roof with a brick clamp was in no way safe." <br /><br /> Pratten, who no longer works for Jewson, pleaded guilty to breaching Section 7 of the Health and Safety at Work Etc. Act 1974 and was fined &pound;1,500 with &pound;1,000 costs </p> </td> </tr> </table> <table width="672" ID="Table2" cellspacing="10"> <tr> <td valign="top"><img src="image2.jpg"></td> <td> <h1 class="BlueH1"><a name="2">Lorry driver Struck by Forklift truck </a></h1> <p> A lorry driver suffered multiple fractures to his legs when he was struck by a forklift truck during loading of his vehicle. <br /><br /> The incident took place at Verplas Ltd s depot in Verwood, Dorset, where ventilation systems are manufactured for white goods. Kelvin Davey, 61, was approaching the end of his shift and was loading goods into his lorry for a delivery the following day <br /><br /> Lorry driver, Mr Davey, was being assisted with the loading of his vehicle when another forklift truck reversed and struck Mr Davey. He suffered fractures to both ankles and to the lower part of his legs, and was unable to return to work for more than six months owing to his injuries. <br /><br /> The HSE visited the site and found that there was not enough space for two forklifts to operate at the same time in the loading bay. The investigation identified that the company had failed to identify this risk and had not put a safe system of work in place. <br /><br /> HSE inspector Ian Smart said:  Even though Mr Davey was very experienced, this potentially career-ending injury still occurred. <br /><br /> "The message is that if firms have limited space they still have to organise their operation so that they don't have conflicting activities going on in the same place. Pedestrians and forklift trucks don't mix . <br /><br /> Verplas Ltd pleaded guilty on October 17th for breaching s2(1) of the HSWA 1974. It was fined &pound;10,000 and ordered to pay &pound;2407 in costs. <br /><br /> In mitigation, the company said it was not a normal occurrence to have two forklifts operating at the same time in the loading area. It admitted that it had been an oversight not to identify the risks of more than one vehicle operating in the area. The company has subsequently put procedures in place to monitor staff, so that only one vehicle is operated in the area at a time. It also installed a barrier so pedestrians have a walkway that keeps them segregated from vehicles. </p> </td> </tr> </table> <table width="672" ID="Table3" cellspacing="10"> <tr> <td valign="top"><img src="image3.jpg"></td> <td> <h1 class="BlueH1"><a name="3">Woman killed in nightclub 'stampede' from fire alarm panic </a></h1> <p> A woman has been crushed to death and at least eight other people have been injured, two critically, at a nightclub in Northampton. <br /><br /> One witness said a "stampede" had begun as there was an announcement that signalled the end of the night, which forced club-goers towards the exits. <br /><br /> He said: "It was 'everybody the coaches are leaving, make your way to the exits' so everyone went for the exits. <br /><br /> "Then next minute the fire alarm went off and everyone started panicking". <br /><br /> Officers are looking at whether the club's fire alarm was used inappropriately and activated before the crush. </p> </td> </tr> </table> <table width="672" ID="Table4" cellspacing="10"> <tr> <td valign="top"><img src="blank.jpg"></td> <td> <h1 class="BlueH1"><a name="4">In brief.... Working Safely during Dark Winter months </a> </h1> <p> Dark mornings and late afternoons can impact upon the safety of your workplace and in particular yard operations involving vehicle and forklift truck movements. Lorry drivers, lift truck drivers and pedestrians should be extra vigilant over this period. Staff should politely remind customers to use the walkways provided and or observe any control measures in place. External lighting should be operating sufficiently to illuminate external areas to allow work activities to continue in safety. </p> </td> </tr> </table> <table width="672" ID="Table5" cellspacing="10"> <tr> <td valign="top"><img src="image5.jpg"> </td> <td> <h1 class="BlueH1"><a name="5">In brief....Fork lift safety: best & worst industries revealed</a></h1> <p> The road transport industry now has by far the UK's worst fork lift truck safety record, accounting for about a quarter of all UK injurys, according to new figures revealed for National Fork Lift Safety Week. <br /><br /> The Fork Lift Truck Association (FLTA) show a disturbing 237% increase in lift truck-related injuries since 2001/02. <br /><br /> No fewer than 384 haulage employees were injured by fork lift trucks in 2009/10, compared to just 114 in 2001/02. <br /><br /> Conversely, the closely related Storage and Warehousing industry  previously the UK s worst for fork lift safety  saw a 77% improvement, from 308 injuries to 71, over the same time scale. <br /><br /> The figures, extracted by the FLTA from RIDDOR reports published by the Health & Safety Executive, include injuries that required workers to take three days or longer off work, as well as hospitalisations and fatalities. <br /><br /> The HSE believes non-fatal injuries are substantially under-reported, meaning the true accident toll could actually be far higher. <br /><br /> FLTA chief executive David Ellison says:  Although the economic downturn will obviously have had some bearing on materials handling activity levels, the wide variance between industries show that awareness and management attitude can have a far greater impact. <br /><br />  Storage and Warehousing in particular once had the worst fork lift safety record of any industry, so it s good to see them get to grips with the issue  long may the improvements continue. <br /><br />  Sadly, there are obviously some other industries where the safety message has yet to be fully understood, and where workers face unacceptable risks. Fork lift truck injuries are frequently extremely serious  sometimes fatal  and managers have a legal and moral duty to ensure safe working systems, good equipment and proper training are in place. </p> </td> </tr> </table> <table width="672" ID="Table6" cellspacing="10"> <tr> <td valign="top"><img src="image6.jpg"></td> <td> <h1 class="BlueH1"><a name="6">Focus on.... Powers of Arrest </a> </h1> <p> Whenever a work related death occurs the police will investigate and have the power to arrest as there is a possibility that an individual may have committed manslaughter. <br /><br /> Section 24 of the Police and Criminal Evidence Act 1984 (PACE) sets out that before a police officer can make an arrest they have to consider whether an arrest is necessary. Could voluntary attendance at a police station achieve the police's required objectives? <br /><br /> </p> <h2 class="BlueH2">Effects of Arrest</h2> <p> Quite apart from the emotional trauma that an arrest in these circumstances can have, the effects of arrest can be far more wide reaching. <br /><br /> Pursuant to PACE, on arrest, finger prints and DNA samples can be required by the police. In addition, the record of arrest is retained on the Police National Computer (PNC). This can have devastating consequences for an individual's current and future professional life, not to mention their reputation and social life e.g. if you work or hobby requires a Criminal Records Bureau check. <br /><br /> The practice since 2006 has been to hold arrest records indefinitely on the basis that the police need to be able to determine whether an individual has previously submitted a DNA sample. Currently about eight percent of the UK population are on the DNA profile database </p> <h2 class="BlueH2">Practical tips</h2> <ul> <li>If requested to attend an interview under caution, it is imperative that attendance is made in the presence of legal representation. Ideally, prior to attendance, an assurance should be sought from the police that no arrest will be made prior to the interview commencing.</li> <li>If an arrest takes place before the interview begins, then the custody officer in charge should be left under no illusion that unless they overturn the decision to arrest then and there, consideration will be given to making a judicial review application, not to mention a claim for unlawful arrest and imprisonment.</li> <li>Judicial review aside, currently under PACE, an individual arrested in these circumstances can only make a request to the relevant Chief Constable to remove any DNA profile from the DNA database. In turn, the Chief Constable should make his decision regarding whether to remove those records or not, based on all the evidence. However, the record of arrest remains on the PNC.</li> </ul> </td> </tr> </table> <table width="672" ID="Table7" cellspacing="10"> <tr> <td valign="top"><img src="image7.jpg"> </td> <td> <h1 class="BlueH1"><a name="7">Question and Answer.... </a></h1> <br /> <h2 class="BlueH3">Question:</h2> <p> I've heard that there have been some changes to reporting accidents to the Health and Safety Executive  would you be able to explain what the changes are and how they will affect how I run my business? </p> <h3 class="BlueH3">Answer: What must I report?</h3> <p>As an employer, a person who is self-employed, or someone in control of work premises, you have legal duties to report: </p> <ul> <li>deaths; </li> <li>major injuries (fractures dislocations, amputations and employees remaining in hospital for 24hrs or more); </li> <li>over-3-day injuries  where an employee or self-employed person is away from work or unable to perform their normal work duties for more than 3 consecutive days; </li> <li>injuries to members of the public or people not at work where they are taken from the scene of an accident directly to hospital; </li> <li>some work-related diseases e.g. dermatitis, asbestosis etc; </li> <li>dangerous occurrences  where something happens that does not result in an injury, but could have done e.g. failure of a lifting device; </li> </ul> <h3 class="BlueH3">The Changes</h3> <p> Previously you were able to report to the HSE by Phone, Fax or Online. As of the 12th September this has now reduced to online notification only, with the exception of Fatalities which need to be reported by phone as soon as possible. <br /><br /> In terms of time scale all reports should be made as soon as possible however within a minimum of 10 days is indicated in the guidance to the regulations. <br /><br /> The online form is available at <a href="http://www.hse.gov.uk/riddor">http://hse.gov.uk/riddor</a> </p> <h3 class="BlueH3">The Future</h3> <p> The big change which has now been agreed is that next year the reporting of over 3 day injuries is to increase to reporting of over 7 day injuries to fall in line with self certification and fit notes. A date for this is yet to be agreed. <br /><br /> As ever if you want more assistance with any H&S matters do not hesitate to contact Southall Associates on 0845 257 4015 for a free chat. </p> </td> </tr> </table> <!-- <br> <table width="230" cellpadding="10" class="LightBlueBG" ID="Table1"> <tr> <td valign="top"> <table width="230" ID="Table2"> <tr> <td colspan="3"><h2 class="BlueH2">SOUTHALL ASSOCIATES OFFERS</h2></td> </tr> <tr> <td valign="top"> <p> <strong>Offer 1 - Safety Plus</strong><br>Our Safety Plus package is a one stop shop designed to ensure legal compliance with health and safety legislation across all of your sites as well as safeguarding against costly civil "no win no fee" claims.<BR><BR>We produce all your health and safety documentation, staff handbooks, undertake site safety audits and much more... </p> <p> <strong>Offer 2 - Online Safety Management System</strong><br> Fed up of health & safety paper based systems? Struggling to keep track of safety at different branches? You need our Online Safety Management System!<br><br> A web based system designed for the builders merchants industry to allow you an affordable way to manage health and safety in house and stay on top of your legal responsibilities. </p> <p class="LightBlueBG"><strong>For more information on either of these offers please visit our website at <a href="http://www.southallassociates.co.uk">www.southallassociates.co.uk</a>, contact us on 0845 257 4015 or email <a href="mailto:admin@southallassociates.co.uk">admin@southallassociates.co.uk</a>.</strong></p> </td> </tr> </table> </td> </tr> </table>--> </td> </tr> <tr> <td colspan="3"><br /></td> </tr> <tr> <td colspan="3" align="center"> <br /> <p><span class=Blue>T</span> 0845 257 4015&nbsp;&nbsp;<span class=Blue>E</span> <a href=mailto:admin@southallassociates.co.uk>admin@southallassociates.co.uk</a>&nbsp;&nbsp;<a href="http://www.southallassociates.co.uk">www.southallassociates.co.uk</a></p> </td> </tr> </table> </body> </html>