My week (in Health and Safety)

I do not have a "typical week". For me, most weeks are different from the ones either side of them, although there are some common themes.

This week looks like being something like this:

Monday
Start the day in the office and ensure that people are about their tasks without any serious delays. Hagrid is working up in Lancaster (and has been for the last few weeks) on a Wind Farm project. The only on-going issue he has at the moment is internet access! Richard is enjoying the week off as it's half-term round here. Jamie is updating the web pages and sorting the Newsletter and health and safety new items. John and Brian are out and about doing Fire Safety visits. Before going out, I needed to spend a bit of time promoting next week's Free Seminar (BTW, it would be great if you could join me).

I have also carried out a visit to a Restaurant in Nottingham who have fallen foul of the EHO and are facing enforcement action. Having visited, the restaurant has a lot to do needs to show significant progress before tomorrow's EHO revisit. I will attempt to be present for the EHO revisit, but I have some other (previous) commitments to deal with.

A call from a client to deal with a potential vibration issue has taken over some of the afternoon. Got the client chasing the manufacturers details for the equipment that they have hirered in. Provide the client with some useful HAVS information and a "Trigger Time" record for use on site. I am still chasing for the equipment specification and information so that I can assist them further.

I finished off the afternoon by completing another couple of blog posts: one on Warehouse Safety and one on Health Surveillance.

Tuesday
The morning makes me think that Ragnarok has arrived: the sun is hiding and the world is covered with a wet mist! Starting the day visiting a New Client (out in the middle of nowhere)to gather information for the first draft of their Health and Safety Policy. Following that visit, I'm heading back at the Restaurant in Nottingham to assist with the EHO revisit. Then I'll write up the site visit notes and recommendations for the Restaurant. The EHO visit turned out to be more of a County Council QC process than an enforcement meeting. I have still left the client with a bit of an Improvements List.

Hagrid is remaining up in Lancaster for the rest of the week. He is back on Saturday to run a training course for a client and then heads off to Peterhead for three weeks for another Wind Farm project. After that, he is having a bit of down time (well earned). Jamie will need to get the training materials ready for Hagrid and I'll drop them over with him.  Jamie should also be posting the new, forthcoming training course information on the website. I will also have to pick up with a client who is struggling to put together training information for a third party accreditation scheme. I will also need to check that the Confined Spaces Training course is ready for delivery (by me) on Monday next week.

Bit of a blow from a large client who is putting some of our work on hold due to economic pressures. This is okay, provided that it does not go on for too long (yes, I want the work but also the client needs the compliance ausits doing to stay on track).

Another client need assistance with a Risk Assessment and Method Statement for "making-safe" a damaged high level window unit and associated glazing. This will include cordoning off access to a city centre street for a couple of hours.

Wednesday
Visited two client sites (one in the Coventry area and the other in Stratford) to update their Fire Risk Assessment and complete an Accessibility Assessment for them. Found one site to be acceptable, but the other was exceptional. Talking through the fire safety issues with the duty manager it was refreshing to find out that they had things under control and were fully up to speed with their own procedures and arrangements.

Received a call from a Care Home in the Leeds area that was referred to me by another consultant. I'll be sending them a proposal later today and I hope to be starting work with them next week on Health and Safety as well as Food Safety. It looks as though they are interested in a retained service.

Sending an email to arrange a phone call for Thursday with a new prospective large client.

Got back into the office in the afternoon to meet with a client who is struggling with their CHAS application. I think that the light has dawned and they are now pulling together the evidence of their good practise - the proof that they are managing safety!

Janice will be in the office in the afternoon, doing a little emergency replanning following a call from a client needing us to bring some of their forwards. This will have an effect on my work early next week and on John's work.

I am running a Free Seminar next week and need to ensure that this is being promoted well (by Jamie and others) and ensure that my presentation is completed. I also need to chase up the Fire Safety Leaflets that I have commissioned to ensure that they will be delivered to me before then. I will also arrange for this leaflet to be made available through my website.

Thursday
I had an interesting site meeting with a long established client in Nottingham to review their Health and Safety Policy and to plan the site visits to their sites (Nottingham and Scotland) for the next 12 months. There was also a lot of discussion of training and on staff development.

After that, I had to pick up the new flyers (on Fire Safety) and headed back to the office to do my bit of covering the phones (you never know, a large order may come in that means that I can plan for my retirement). There were a couple of enquiries to follow up on.

I intended to use the time in the office time to catch up on some office administration and to send out a couple of letters, quotes and even some invoices. I had a couple of client questions to deal with that ate into this time.

John is visiting a few clustered sites to carry out some fire safety reviews. Hagrid has returned a day early from Lancaster, allowing him to prepared for the next Wind Farm project in Peterhead. I have just set up a meeting with the client for this work to discuss what extra assistance we can provide as we move into next year.

Friday
Carried out a series of site visits to a multi-site client in the Stevenage, Northampton and Rugby areas to review their existing Fire Risk Assessments. Early start, late finish and a fair few miles. I managed to fit in a few phone calls (over coffee) and secured a couple of site visits for next week as well as a new (small) dental practice for a client for our access audit assessment. I also dealt woith a couple of calls to ensure that everything was in place for Hagrid to carry out the Health and Safety Training on Saturday for a local roofing company (before he sets off for Peterhead).

I managed to get back home in time to make my parents feel welcome (as they are staying over for the weekend).

Safety: Managers need to manage

Part 1: Machinery Safety
There is a problem with safety features: they can often be bypassed. Many safety professionals will have seen instances of safety interlock systems on equipment, such as CNC machines, being defeated by fixing the key into the lock part of the system either by using a spare key or by detaching the main key from the frame of the equipment. Often this is justified by the site management as being the “only way the work can be done”. This state of mind does not stand scrutiny as many other companies manage to achieve safe operation with same equipment doing the same job. The failing is often the attitude or approach to safety management in the minds of the managers, supervisors and workers.

This (lack of safety) practise has recently cost a manufacturing firm over £26,000 in fines and costs. The company was fined after pleading guilty to breaching Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998. This regulation requires employers to ensure effective measures are taken to prevent access to dangerous parts of machinery.

Part 2: Fire Safety
The fire safety arrangements of businesses are under scrutiny from the Fire and Rescue services. The fire safety risk assessment for the premises is a starting point, but it needs to be acted upon and turned into something meaningful. Poundland has recently been fined more than £20,000 for having obstructed or blocked fire escape routes. A fire officer found three of the four potential exit routes from a three storey premises were blocked from the outside by stock crates. As a result, the fire officer took the unusual step of evacuating the premises until the situation had been made safe and the exit routes were cleared. The Company pleaded guilty to three charges of failing to keep the fire exits clear (as required by Article 14(1) of the Regulatory Reform (Fire Safety) Order 2005). The Company was also fined for not properly training the temporary manager (as required under Article 21(1)(b)) and was subject to costs of over £7000.

Part 3: Food Safety
Although Food Safety is often seen as a different discipline to health and safety, many of the principles are the same. Good management involves looking at what is going on in the business, understanding the implications (i.e. the risks) and responding in an appropriate and proportionate manner. When warning letters are received from the local authority highlighting some food hygiene failures within the business and also suggesting some simple and low cost ways of rectifying the situation it is not appropriate or proportionate to ignore the situation. As a result of such (lack of) action, the operator of a takeaway outlet in North Wales has been jailed for eight months following an outbreak of E. coli attributed to the premises.

Part 4: Control of Contractors
Many people assume that when they appoint a contractor to carry out work for them that they have not further responsibility for the safety of the contractor. There have been many cases over the last few years that involve organisations paying out large fines for failing to ensure the safety of contractors. In a recent case, a paper maker was fined £260,000 (under Section 3 of the Health and Safety at Work Etc. Act 1974) following the death of a contractor who felt through a fragile roof. When being appointed, the contractor said that crawling boards would be used. After the accident occurred, it was established that crawling boards were not used and it was also established that the paper maker had not made reasonable efforts to ensure that the contractors were carrying out the work safely, in the manner proposed. “Companies must make sure work contractors do for them is properly planned and organised, and monitor what actually happens when the work takes place”.

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DSEAR - Dangerous Substances and Explosive Atmosphere Regulations 2002

I have resurrected an older Q&A article about the Dangerous Substances and Explosive Atmosphere Regulations 2002 (DSEAR). I trust that thye rteader will find the information useful.

 

What are the aims of the Dangerous Substances and Explosive Atmosphere Regulations 2002 (DSEAR)?

DSEAR enacted into UK law the European Directive ATEX 137 and the safety aspects of the Chemical Agents Directive.  It applies to all dangerous substances at nearly every business in the UK.  DSEAR sets minimum requirements for the protection of workers from fire and explosion risks arising from dangerous substances and potentially explosive atmospheres.  As with other similar legislation, such as COSHH, it complements the requirement to manage risks under the Management of Health and Safety at Work Regulations 1999.  To comply with the requirements of DSEAR, employers must:

• Carry out a risk assessment of any work activities involving dangerous substances;
• Provide technical and organisational measures to eliminate or reduce as far as is reasonably practicable the identified risks;
• Provide equipment and procedures to deal with accident and emergencies;
• Provide information and training to employees;
• Classify places where explosive atmospheres may occur into zones, and mark the zones where necessary.

Can I integrate the DSEAR Risk Assessment with other risk assessments?

As with all modern safety legislations, risk assessment is at the very heart of the Dangerous Substances and Explosive Atmospheres Regulations 2005 (DSEAR).  This does not mean, however, that distinct DSEAR risk assessments are required.  In the event that your current risk assessments (such as those that are required under the Management of Health and Safety at Work Regulations 1999) address adequately all of the issues required under DSEAR, then there is no need to produce new risk assessments to comply with the requirements of DSEAR.  As with all other risk assessments, DSEAR risk assessments must be kept up to date and reviewed in the event of any significant change or if thought to be out of date for any reason.

In the same way, DSEAR assessments may be integrated with COSHH assessments.  It is possible to have one assessment dealing the use, handling and storage of a substance (or range of substances) that addresses the fire and explosion risks as well as the health effects.  In some circumstances, this may be the most appropriate way to proceed as it will have the advantage of reducing the total number of risk assessments and should not compromise health or safety.  Typical examples of where such an approach could work well are in the areas of paint mixing and painting, fuel handling/dispensing, etc.

Are there any special areas that I should consider?

All areas within the workplace where explosive atmospheres may collect must be considered as part of the (DSEAR) risk assessment.  Special consideration should be given to areas where explosive atmospheres may develop due to the collection of solvent vapours, but are not the immediate areas where these substances are used, handled or stored.  Such areas need not be the main work area, but may be adjacent to the work areas and include cellars and vehicle inspection pits, etc.  Similarly, duct work that is used to transport dangerous substances away from the work area (such as local exhaust ventilation systems) may be areas where an explosive atmosphere may form and should be considered as part of the DSEAR risk assessment.  Other areas that should be considered are those in the vicinity of pipe work (especially joins) and pumps used for the transfer of dangerous substances.

Are there any particular training requirements associated with DSEAR?

Training is an essential part of DSEAR risk assessment process and the control measures that are introduced following the risk assessment.  Employees at different levels within the Company will have different training needs.  Those involved in the DSEAR risk assessment and the implementation of the control measures arising from the assessment will require the most detailed training.  There is a requirement to provide suitable and sufficient instruction, information and training to all employees that may be exposed to the risks associated with dangerous substances.  Typically, the information provided to employees should include:

• the identities and locations of dangerous substances;
• associated hazards;
• sources of ignition, including smoking;
• access to copies of any relevant safety data sheets;
• risk assessment factors resulting from relevant risk assessments;
• the control and/or mitigation measures to be used, including safe system of work;
• reporting, accident, evacuation and emergency procedures

Training and instruction should include elements of theory as well as practice. Training in the use and application of control measures and equipment should be carried out taking into account recommendations and instructions supplied by the manufacturer.  The employer should consider how the training, information and instruction are to be delivered in order to deliver that which is the appropriate to their own circumstances.  In most workplaces, options could include: classroom style training sessions; individual training sessions or toolbox talks.

Do I need to provide employees with antistatic overalls and footwear? 

As with many questions, the answer is: it depends.  It depends on the findings of the (DSEAR) risk assessment and the control measures that are required to reduce the risks down to as low a level as is reasonably practicable.  If the risk assessment indicates that anti static personal protective clothing is required to control the risks of ignition of an explosive atmosphere from a static discharge then the employer must provide the employees with suitable antistatic personal protective clothing (such as overalls and footwear).  As with all PPE issued for the purposes of health and safety at work, this equipment must be provided to the employee free of charge.

It should be noted, however, that the effectiveness of antistatic footwear can be reduced, or even nullified, in several ways.  If the footwear is not cleaned on a regular basis, build up of insulating materials (such as resins, paints, etc) will decrease their effectiveness.  Similarly, the floor can become an insulating barrier if it is not kept clean (or is made from an insulating material, such as wood or some resin finishes).  The antistatic properties of footwear may be checked regularly if a suitable instrument is provided, such as a simple, wall mounted conduction to ground monitor.

What has happened to the old Petroleum License?

The Government is modernising petroleum legislation, and part of that process has been brought about by DSEAR.  Historically, petroleum spirits were controlled by licenses issued under the Petroleum (Consolidation) Act 1928, but this requirement have been removed by DSEAR.  Except in cases where petroleum spirit that is being kept for dispensing into vehicles (retail and non-retail), DSEAR has replaced the externally (often local authority) checked and issued Petroleum License with a new internal risk assessment requirement.

What sort of arrangements do I need to make to deal with accidents, incidents and emergencies

The arrangements under DSEAR for dealing with accidents, incidents and emergencies build on those that should already be in place for fire safety and as required under Regulation 8 of the Management of Health and Safety at Work Regulations 1999.  DSEAR requires that the employer makes suitable arrangements to protect employees (and others) in the event of an accident or incident.  Typically, those arrangements should include:

• Suitable warning and communication systems (which may include visual and/or audible alarms);  
• Suitable escape facilities (the need for which will be identified by the risk assessment);
• Emergency procedures to be followed in the event of an incident;
• Provision of information and training on the emergency procedures to employees;
• Equipment and clothing for essential personnel dealing with the incident
• Simulated emergencies and practice drills
• Where appropriate, liaison with the emergency services to advise them that information on emergency procedures is available (and providing them with any information they consider necessary).

The exact scale and nature of the arrangements for dealing with accidents, incidents and emergencies should be proportionate to the risks and, hence, should be determined by the risk assessment. 

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Welding Operations and its Associated Hazards

Introduction

Welding and cutting operations are widely used in manufacturing and engineering environments. 

Fire is the principle hazard and can arise from the leakage of gases from the hoses catching fire or from the ignition of nearby flammable materials by the heat associated with welding (hot surfaces and sparks, etc).

Typical hazards associated with welding operations

There are several typical hazards associated with welding operations, including: Fire; molten metal and sparks; exposure to UV light; hot surfaces; exposure to substances hazardous to health; pressurised systems; electricity and slips, trips and falls

Fire: Welding creates hot surfaces, sparks and emissions of molten metals so there is always a risk of fire. Gas welding operations involve the use of a fuel (acetylene, propane, etc.) and so increase the risks of fire further. Leaking valves or failure to isolate the system correctly may lead to fuel in air build up. Leakage of oxygen can be dangerous as this may lead to an oxygen enriched atmosphere. In oxygen enriched atmosphere, materials are more readily combustible than under normal conditions. Accidents may occur when drums or tanks that have previously contained flammable substances are welded or cut as even with empty tanks, the heat can vaporise residues that will be ignited by the cutting or welding flame. The resulting explosion blows the drum apart, potentially causing serious or even fatal injury.

Molten metal and sparks: Welding operations generate sparks and emissions of molten metals, which may cause fires or can cause injury to the skin and eyes.

Exposure to UV light: Exposure to UV light from welding operations can cause damage to the eyes including a condition known as “arc eye”.

Hazardous substances: Welding fume comprises of metal oxides (mainly iron oxide) and of irritating gases, such as oxides of nitrogen and ozone. Welding fume can cause irritation and “metal fume fever'”. Long term exposure may lead to lung diseases and increase the risk of occupational asthma and cancer. Welding involving stainless steel increases the cancer risks as the welding fume will contain other metal oxides, such as chromium oxide. Surface coatings on the substrate (material being welded) may also give risk to additional hazardous substances, such as lead, etc.

Pressurised systems: In gas welding there is also the potential danger of the huge amount of energy stored in the cylinder by virtue of the compression of the gas, and fuel gases, which by definition, contain stored chemical energy. Pressurised containers (such as gas bottles for propane, oxygen or for inert gases for arc welding) may explode or give rise to a rapid venting of pressurised gases if damaged.

Electricity: There are risks of electric shock and of electrocution associated with arc welding operations.

Slips, trips and falls: There are risks of injury from slips, trips and falls arising from welding operations, generally as a result of poor housekeeping or of poor cable and hose management.

Risk assessment and control measures

Welding operations must be subject to suitable and sufficient assessment of the risks that they create. As well as the general requirement for risk assessment (created by Regulation 3 of the Management of Health and Safety at Work Regulations 1999) there may be a requirement for risk assessment under other regulations, in particular:
• Control of Substances Hazardous to Health Regulations 2002 for hazardous substances (welding fume and other substances that may be inhaled, ingested, etc.
• Dangerous Substances and Explosive Atmospheres Regulations 2002 for flammable and explosive substances (such as welding gases) that may cause fires and explosions.
• Regulatory Reform (Fire Safety) Order 2005 for the general fire risks associated with welding operations.

Fire: General fire safety precautions should be taken. Care should be taken to prevent to accumulation of combustible materials in areas where welding operations are carried out.
By the nature of the process, it is impossible to eliminate sources of ignition from cutting and welding operations. Precautions must be taken to prevent the build up of dangerous concentrations of flammable and explosive gases (such as acetylene). The condition of regulators, hoses and connections should be checked regularly, including checking for leaks (such as by the use of soap solution). Any damaged, worn or otherwise defective hoses or equipment must be replaced.

Flashbacks may be prevented by proper cleaning of the torch and adequate purging of the equipment before lighting up. There are also proprietary anti-flashback devices that should be fitted.

Prohibit the welding of vessels that may have contained flammable substances. If such vessels need to the welded (or cut) then the work should be controlled carefully (such as through a permit to work system) and the vessels must be fully cleaned and purged before welding.

Give consideration to the safe storage of gas cylinders. Fuel gases (such as LPG and acetylene) should be stored away from the oxygen cylinders in a suitable, secure compound with appropriate warning signs displayed. Gas cylinders should be stored outside of the building and should be separated from the building by a suitable fire wall or separation.

Molten metal and sparks and exposure to UV light: The eyes of welders, and of those working close to them, must be protected from molten metal, sparks and intense light. Welders will normally wear welding goggles (in the case of gas cutting and welding) or welding masks (in the case of arc welding). If other working nearby are at risk from the "flash", then suitable fire proof welding screens should be provided. Exposed skin (such as the hands) must be protected from splashes, sparks and from contact with hot surfaces.

Hazardous substances: Exposure to welding fume can be achieved in several ways. The most appropriate method or methods will be determined by the risk assessment. Control measures include:
• General ventilation – this is appropriate if the amount of welding to be carried out is small and there is sufficient general ventilation available to control, the risks from exposure to welding fume. In some cases, welding operations can be carried out outside.
• Extraction – there are several forms of extraction that can be used. Generally, the welding fume is extracted by a system comprising of a captor hood and a hose leading to a fan. The captor hood needs to be positioned close to the area being welded and the velocity of the air through the system needs to be fast enough to capture the fume and carry it through the extraction system. Welding torches can be fitted with their own high velocity low volume extraction systems that are designed to remove the welding fume as soon as it is generated and before it reaches the welder.
• Respiratory protective equipment – although the use of PPE is considered to be the last resort, it may be necessary to protect welders from exposure to fumes (such as one off welding involving stainless steel) and in cases where the use of extraction equipment may not provide adequate protection. The use of disposable masks (to EN 149 FFP2S) or the use of proprietary welding masks involving filtered air can be considered as part of the risk assessment.
• Restrictions on smoking, eating and drinking - smoking is now prohibited in all workplaces. It is recommended that restrictions are placed on the consumption of food and drink in the welding areas as this may lead to the ingestion of hazardous substances (especially chromium oxides) from the hands.
• General welfare facilities – provide suitable hand washing facilities, including soap and water.
• Health surveillance – this will not protect employees from exposure to hazardous substance. However, appropriate health surveillance will often allow for early identification of symptoms so that additional preventive measures can be taken at an early stage. Where workers are exposed to welding fume, especially welding fume that may contain chromium oxides, the employer should carry out lung function testing. The results of health surveillance must be recorded and records must be retained for 40 years.

Pressurised systems: The dangers associated with pressurise systems in welding operations may be controlled by the proper storage, handling and maintenance of cylinders and their fittings. Particular care must be taken not to damage the gas regulator on the gas bottles. Care should be taken to ensure that cylinders do not become involved in fires; if the metal shell is exposed to intense heat, the internal pressure will increase and the yield strength of the metal will be reduced, with possible splitting of the shell and explosive release and combustion of the contents.

Electricity: Like any other electrical equipment, arc welding sets need proper use, inspection and maintenance. It is important to ensure a proper earth-return from the work piece to the set. Electrical flexes, associated fittings and electrode holders must be properly insulated for outdoor use and there should be a suitable procedure for isolating the electrical power supply near to the welder. All electrical circuits should be fitted with an over-current device, for example, a miniature circuit breaker (MCB). Workpieces should be earthed unless a double insulated transformer is being used, in which case the transformer casing should be earthed and not the workpiece.

Slips, trips and falls: General housekeeping in the work area needs to be managed. In particular, cables and hoses need to be routed such that they do no create tripping hazards. In the case of portable welding equipment, this is largely the responsibility of the welder, but with fixed welding systems, consideration needs to be given to the routing of cables and hoses at the design stage.

Summary
Simple control measures are all that is required to control many of the risks associated with welding operations, although more elaborate control measures are required for more intensive welding operations or for those with special hazardous, such as stainless steel welding.

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Health and Safety Team - away day meeting

On Friday 29th June, we had an away-day for the Health and Safety Team. I'm pleased to report that this was an extremely interesting, productive, thought promoting  and useful day. 


We welcomed some new members to the Team and then went on to discuss the progress that we have made since December 2011, when we half our last meeting of this type. In December, we set a target for the business of getting 25 new (retained) clients in 2012. At the meeting, I was able to report back that we had achieved 19 out of 25 new clients with six months left to go! 


We reviewed some of the new contracts and the routes by which we had secured them. We discussed how different members of the team had been involved with these clients and we reviewed some of our other, existing clients. Some are small, local (Loughborough and Leicestershire) based companies, while others are well known national organisations.


I led a discussion on the power of social media marketing in getting our message across to potential new clients.  We then focussed some of the discussion onto understanding what "our message" is - more on that subject in future blog items.  It was very reassuring to get agreement (rather than merely consensus) on what our message is. We will be able to promote this message with vigour and from a concerted front.for all of our consultants rather than focussing too narrowly. We have some great ideas on where to look next!


We moved the discussion on to consider the sectors that we would be targeting next as well as the types of work that we will be promoting most strongly. Our approach will be aimed a providing work 


We discussed chemical safety, COSHH, Legionella and other related issues as well as fire safety, residential flats, Facilities Management safety, Health and Safety Training Courses, etc.


Peter (aka Hagrid) gave an excellent (albeit shortened) presentation on Emergency Aid training. Pleasingly, everyone joined in and added to this from their own experiences. 


Lunch was delivered to the venue on time and allowed for a fair amount of relaxed interaction between the consultants, many of whom rarely meet - due to geographical issues.

My Heath and Safety week ahead

Monday - Wednesday
I am delivering a 3-day training course up in Sheffield on Monday, Tuesday and Wednesday. I'll need to use the breaks to make several phone calls to keep the wheels of my Company oiled (fortunately, they turn without too much input from me - Janice and Jamie have really risen to the task this year). I do really enjoy delivering training, but it does take all the time in the day to deliver. I have a consultant (Hagrid) who delivers most of our training courses, but this one needs my touch (or so I believe in a fit of vanity).


Monday (after the event)
So, Monday's training went well: there was a reasonable amount of discussion and plenty of sensible questions. We even derived most of the principles of Sections 2 and 3 of the Health and Safety at Work etc Act 1974. Tomorrow will be a focus on Risk Assessment (practice and principles). I make a few calls at lunchtime and managed to sort out some pieces of work for later in the week - one of these will involve meeting a client on their site very early (about 06:30 hrs) on Thursday as this is the only time we can both meet to carry out his Fire Risk Assessment.


Tuesday (after the event)
Tuesday was an interesting romp through the processes of Risk Assessment - aiming to draw out people's views on how they can do this and how they can help each other. We discussed various tools for making the process easier simplifying some aspects. Reducing the paperwork is very popular! I managed to make a few calls while the group exercises were in progress, but there was little time that was not face-to-face today. When I got home, there was still time to work for an hour or so on the allotment before rain stopped play.


Wednesday (after the event)
Today was the last day of the three day training course. I'm pleased with the way that it went, but I do have some ideas to be introduced during the next similar course (to be run soon). During the course of the day I received a few interesting phone calls. One (which I called back at lunchtime) was an enquiry for some site assistance with a safety project (from a local business). Of special interest from this enquiry was the opportunity to tender for a significant training contract. This came from discussions of further assistance that we could offer by way of supporting this contract. Lucky timing? Fair enough, but you have to capitalise on the chances that come your way and follow up on chance remarks and comments. The other enquiry was simpler: this related to an existing client who is now involved in a second business and has recognised that they are in need of my services. This was an easy sell, but is based on the performance with the first company. Again, an example of making your own luck. Once again, I made it onto the allotment (for about an hour) before heading home to matters and chores of a domestic nature.


Thursday looks set to start with an early morning visit to a local company to carry out a Fire Risk Assessment, following a recent enforcement visit from the local Fire and Rescue service. I then have a short meeting planned with the accountant to review the finished accounts for the previous year. After that, I should be driving over to Nottingham to carry out the first part of a site audit visit. Further details should be coming in on that job on Monday and Tuesday.

Thursday (after the event)

It was indeed an early start with my new local client. The site was generally in very good order and their fire safety arrangements were pretty good. My role, in this case, is mainly to formalise their existing arrangements rather than to make recommendations for improvements. The job in Nottingham was delayed until next Friday. Instead, I spent the afternoon working on making some appointments for a series of jobs that have flooded in. These are a mixture of Safety Audits and Fire Risk Assessments around the country. I also had to work on a significant proposal to provide Training Services into a large local organisation (Loughborough based).

Friday involves a meeting with one of my consultants to work on a new aspect of product delivery (more on that in future blog articles). This may well be followed by another trip over to Nottingham to finish off the site audit work.

Friday (after the event)

The meeting with the consultant went well and we have worked out how to deliver a new service to our clients. The afternoon was spent sorting out some safety issues for other clients (developing risk assessment and method statements, sending a few suitable phrases to assist with tender submissions, etc.).

The above few lines do not look too long, but they do not allow for much time for the other aspects of running my Company. I need to sort out who within my organisation is going to do a 4-6 week placement in a Company in Docklands as Interim Health and Safety Officer. I need to schedule some works for southern Scotland in early June and I need to write two new Safety Training courses.


Meanwhile: Richard continues to work away in London on the Facilities Management projects that are going on down there; John and Brian continue to keep conducting Fire Risk Assessments; and Hagrid has training commitments and Food Safety consultancy to deliver. Ian is working in Glasgow/Edinburgh and Earl has more of the Facilities Management work to do in the West Midlands.


A busy week! 

How do I create more time?

What do I sell? I sell time. 


No, I'm not a time lord, I'm the next best thing: A Health and Safety Consultant.


People buy my skills, my experience and my expertise. They also buy time. In some cases, I can help them by doing most of the work for them. Because of my skills and experience, it takes me less time to create a new Health and Safety Policy for a client than it would do for the client to write their own - months less time in some case. It takes me less time to do their fire risk assessment, their COSHH assessment, complete a Health and Safety questionnaire, etc.


If you are bogged down by health and safety concerns while you are trying to run your business, then you may benefit from my help? If you don't know when you'll find time to do your risk assessments, finish the safety section of the tender documents, etc, then NOW might be a good time to talk to me.  Don't worry about it. Instead: get me to do it for you.


What can I do for you to release time for you to make money by running your business?


Contact me and find out.


Time is the fire in which we burn - (poem by Delmore Schwartz).

Landmark Fire Safety Trial, London Hotel and Director

A London hotel has paid over £260,000 in fines and costs in what is believed to be the first jury trial of a case under the Regulatory Reform (Fire Safety) Order 2005 (RRO).

The Chumleigh Lodge Hotel Limited and its sole director, Michael Wilson, pleaded not guilty to 12 offences under the RRO. The offences date back to 18 May 2008 when the London Fire Brigade was called to a fire at the hotel in Finchley, north London. The blaze had spread quickly from a first floor guest bedroom, up a staircase to the floor above and along a corridor. 3 people escaped from the fire, two by using the stairs and a third by climbing out of a second floor window.

Following the blaze, fire safety inspectors visited the hotel and raised a number of concerns. These included defective fire doors, blocked escape routes and no smoke alarms in some of the hotel’s bedrooms. Mr Wilson was also unable to produce a suitable and sufficient fire risk assessment and was also found not to have provided staff with adequate fire safety training.

The fine was divided between the individual defendant, Michael Wilson (£180,000) and the corporate defendant, Chumleigh Lodge Hotel Limited (£30,000). The defendants were further ordered to pay prosecution costs of £50,000, and compensation of £2,000 to the guest who escaped through a second floor window.

The company was found guilty of six offences, while Mr Wilson was found guilty of ‘consent or connivance in the commission’ of those same offences:

• Failure to make a suitable and sufficient assessment of risk (article 9);
• Failure to provide staff with adequate safety training (article 21);
• Failure to ensure emergency routes from the premises are kept clear (article 14);
• Failure to adequately equip premises with fire detectors (article 13);
• Two counts of failure to ensure premises, facilities, equipment or devices are maintained in an efficient state, in working order and in good repair (article 17)
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Brian Coleman (chairman of London Fire and Emergency Planning Authority) said:

“Business owners have a clear responsibility under fire safety law to ensure that both the public and their employees are as safe as possible from the risk of fire,”

“This verdict sends out a clear message that if these responsibilities are ignored we will not hesitate in prosecuting and people will face serious penalties.

If you need help with Fire Safety, please contact us through the website

Leicester company fined for creating fire safety risk

A Leicester haulage company has been prosecuted for creating a massive fire risk by illegally storing huge quantities of highly flammable aerosols.  The Health and Safety Executive (HSE) found the firm had not properly managed the risks associated with storing large amounts of aerosol products at their Hilltop Industrial Estate site in Leicestershire.The Company pleaded guilty to breaching Regulation 6(2) of the Control of Major Accident Hazards Regulations 1999 (COMAH) and Section 2(1) of the Health and Safety at Work Act 1974 at Coalville Magistrates Court and were fined £5,000 and ordered to pay costs of £4,900.

The court heard that the company stored large amounts of LPG (liquefied petroleum gas) for around seven months.  It failed to notify the authorities of its operations on site, did not complete a risk assessment and then failed to implement many good practices recognised by industry.

HSE Inspector, James Wright, said:"The arrangements this company had in place for the storage of aerosol products fell well below what HSE would expect to find ... On this occasion, with the amount of LPG being stored on site, there was a real risk of a major fire, which would have posed a threat to employees on site and those in the surrounding area ... The company also failed to notify the HSE that they were operating a site which came under the COMAH Regulations ... This case should serve as a reminder to all operators of sites warehousing aerosol products - where there are serious failures to implement suitable arrangements for managing the risks from LPG, HSE will not hesitate to prosecute."

Simple steps to avoid repeating this type of problem

This is so simple that it scarcely needs to be said: Keep the level of highly flammable materials stored on your premises under review:

• keep a simple inventory
• review the inventory against the stock on a regular basis
• manage by walking about - look to see what is being stored and ensure that the arrangements for the site are suitable for the levels and the types of materials being stored
• keep the fire risk assessment and the DSEAR (Dangerous Substances and Explosive Substances Risk Assessments) up to date

If you need any assistance - contact us through our website

New Year's Safety Resolutions - are you making any?

At New Year, many people make resolutions to change - their lifestyle, attitude, eating habits, etc. Do businesses? Do the people who run businesses?

This year, why not make a resolution to "do safety better". I do not mean that you should spend unnecessary sums of money or to carry out unnecessary training or risk assessments. I mean "to think about safety and make some simple, low cost changes for the better". My hope is that some of these changes (or improvements) will become permanent and will permeate the business.

Some simple starters?

Housekeeping standards - about a third of workplace accidents result from slips, trips and falls and about half of these result from poor housekeeping. It is, therefore, simple to avoid most of these accidents just by clearing the place up a bit. This may also make your business a bit more effective and will help to reduce your fire safety risks as well.

Fire Safety - Check exit routes, check emergency lighting, check the fire alarm, do a fire drill, update your fire safety risk assessment, etc. Many businesses think that they are doing this, until they have a check and find sporadic records or records that ceases two years ago when the book was full!

Vehicle movements - review the separation between people and vehicles - people come off really badly when it goes wrong!

Focus - as with all areas that are important to your business, focus your efforts onto those things that will make a big difference for a low cost and for minimal effort. Housekeeping is a nice, easy big hit. It costs little and can reduce the instances of slips, trips and falls and it can reduce the likelihood of a fire.

Records - consider which records are most important to the management of health and safety and make it ease to keep these up to date. 

Get involved - walk round the premises and view the operation regularly. Put right those things that do not look right on the walk round or, even better, get those people who should already have addressed these issues to put them right! This is truly management by walking about.

If you do need help, please contact us through our website

Fire Safety - How To Reduce The Risks (Podcast)

This is a five minute podcast covering some important aspects of fire safety: introducing the duties of the "Responsible Person" and the talking about what we can all do within our premises to assist with fire safety.

Link to download the Podcast

Fire Safety Fine for Landlords

There is a lot of interest in fire safety from the enforcing bodies, as can be seen below:

Two private residential landlords have been found guilty of breaching fire safety regulations and fined £23,000.  Each were each found guilty of five breaches of the Housing (Management of Houses in Multiple Occupation) Regulations 2006 at a house in French Horn Lane, Hatfield, after pleading not guilty to the offences at Watford magistrates court.

The defendants were each fined £11,500, ordered to pay £2,225 each towards the council's costs.

They were found guilty of failing to:

• ensure that all means of escape from fire were free from obstruction
• ensure that all means of escape were maintained in good order
• ensure that any fire fighting equipment and fire alarms were maintained in good working order
• take measures to protect the occupiers from injury
• ensure that all the common parts of the house were maintained in good and clean decorative repair.

The Chief Executive of Welwyn Hatfield Borough Council said:

“These severe breaches of fire safety regulations could have resulted in fatalities. It is something that this council, as the responsible authority for private sector housing, takes very seriously and we are working hard to ensure that high standards are maintained to ensure the safety of our residents.”


Want to avoid making the news in this way? 
Let us help you! We are very experienced in helping Landlords and Managing Agents look after fire safety in their buildings. We can carry out the fire risk assessment and advise on (often) simple steps to improve fire safety.

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Landlord gets Suspended Prison Sentence for Fire Safety failures

A landlord has received a suspended sentence following various failures. Following a fire in March 2009 it has been reported that the landlord who owned a house of multiple occupation (or HMO) has received a 6-month suspended prison sentence and been ordered to pay £10,000 in costs. Following the blaze, fire safety investigators found several breaches of Fire Safety Legislation (the Regulatory Reform (Fire Safety) Order 2005) at the building. These breaches included included not having suitable fire doors installed and not conducting a sufficient fire safety risk assessment.

Steve Turek (the assistant commissioner for fire safety regulation at the London Fire Brigade) commented:

"This verdict sends out a clear message that if landlords ignore fire safety then they will face serious penalties. [The Landlord] was given plenty of time to improve fire safety inside the property but failed to comply. The London Fire Brigade works hard to make companies and individuals understand their responsibilities under fire safety law and only uses prosecution as a last resort."


If you need help with your fire safety risk assessment, please contact us.

Are You Responsible for Fire Safety?

If you are responsible for fire safety, do you know what you are responsible for?

The responsible person is someone who has control (or a degree of control) over the premises or fire-prevention systems within the premises. If you are the responsible person, you must make sure that everyone who uses your premises can escape if there is a fire. You need to consider anyone who might be on your premises, including employees, visitors or members of the public. You need to pay particular attention to those who may need special help, such as elderly or disabled people or children.

You must:

- carry out a fire-risk assessment and identify possible dangers and risks
- think about who might be particularly at risk (including disabled employees or people working with flammable substances)
- avoid and/or reduce the risk from fire, as far as is reasonably possible
- implement suitable fire precautions to deal with any risks that remain
- make sure there is protection if you use or store flammable or explosive materials have a plan to deal with emergencies
- record your findings and review them as and when necessary

As the responsible person, you must ensure that the fire-risk assessment is carried although you may appoint some other competent person to do the actual assessment.

The enforcing authority (usually the local fire authority) must be satisfied with your fire safety arrangements. If they are not, they will tell you what you need to do. If they find major problems they may serve an enforcement notice on your business requiring you to improve safety (or they can even restrict the use of your premises or close them altogether in certain circumstances).

If you need help, contact us.

Institute of Fire Safety Managers

I received notification today that I have been accepted as a Member of the Institute of Fire Safety Managers. I am pleased by this acceptance as Fire Safety reflects a significant and (hopefully) growing part of my business.

Michael Ellerby, MIFSM

Website

Residential Landlord fined after tenants flee from fire

A residential landlord has been found guilty of fire safety breaches (under the Regulatory Reform (Fire Safety Order) 2005) following a fire where his tenants were forced to flee for their lives.

Following an appearance at Exeter Crown Court in March 2011, The Landlord was ordered to pay a total of £135,000 in fines and a further £23,000 in costs.

This fine follows a fire at the four-storey building that had been subdivided into flats. The fire started on the ground floor and spread throughout the property and forced some of the 13 tenants to make their escape by clambering over the roof.

After the fire Devon and Somerset fire investigators carried out a safety audit of the premises. The investigation found that the door giving entrance to the ground floor flat was inappropriately constructed to resist fire and this allowed a fire in that flat to spread into the escape route. The offence carried a fine of £75,000.

There were a further three offences (£20,000 each) for three doors that had no self closing device fitted. This also impacted on fire spread to the means of escape.

Devon and Somerset area manager Nick Manning, said:

“Landlords and owners of properties used as flats should take notice of the outcome of this case - it has sent a clear message with the level of the fine awarded."

Fine for residential Landlord - Fire Safety

Outcome
A London based landlord has been prosecuted and fined £10,000 for a planning offence and also a maximum £5000 for failing to comply with a prohibition order (Housing Act 2004). Costs of £3585 were also awarded.
The Problem
The layout of a second-floor flat was so bad that there was no safe means of escape in the event of a fire, according to the Council. This state of events prompted the council's environmental health officers (EHOs) to impose a prohibition order banning people from living at the flat. Despite being aware of the fire safety risks, the landlord placed a family with two young children in the property - in direct contravention of the prohibition order.
Speaking on behalf of the Council
The Council’s executive member for planning, economic development and housing, said:

"These were blatant contraventions, which placed the lives of vulnerable tenants at risk ... The fines issued are extremely high and reflect the seriousness of the offences and the disregard shown by (the Landlord) to the law and the safety of his tenants".

Managers need to manage (even when it comes to safety) - Part 2

Part 2: Fire Safety

The fire safety arrangements of businesses are under scrutiny from the Fire and Rescue services. The fire safety risk assessment for the premises is a starting point, but it needs to be acted upon and turned into something meaningful. Poundland has recently been fined more than £20,000 for having obstructed or blocked fire escape routes. A fire officer found three of the four potential exit routes from a three storey premises were blocked from the outside by stock crates. As a result, the fire officer took the unusual step of evacuating the premises until the situation had been made safe and the exit routes were cleared. The Company pleaded guilty to three charges of failing to keep the fire exits clear (as required by Article 14(1) of the Regulatory Reform (Fire Safety) Order 2005). The Company was also fined for not properly training the temporary manager (as required under Article 21(1)(b)) and was subject to costs of over £7000.

If you need to tackle a fire (simple rules)

Lots of people put out small fires in their homes and at their businesses quite safely. Some people, however, are killed or injured as a result of tackling a fire that is beyond their capabilities. Here are some simple rules to help you decide whether you should tackle a fire:

- Only tackle a fire when it is in its very early stages.

- Give consideration to your own safety and to the safety of other people and make sure you can escape from the fire if you need to. Never let a fire block you exit.

- think about the position of yourself, the fire and the escape route.

- Remember that fire extinguishers are only for fighting a fire in its very early stages. Never tackle a fire if it is starting to spread (of has spread) to other items in the room or if the room is filling with smoke. More people are killed by the smoke than by the fire (in the order of 70% of fire deaths are caused by smoke and fumes).

- If you cannot put out the fire or if the extinguisher becomes empty, get out and get everyone else out of the building immediately, closing all doors behind you as you go.

- Telephone the fire brigade.

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Buncefield fines -

Five companies have been told to pay more than £9m for their parts in the Buncefield oil depot fire which occurred in December 2005. It is reported that the explosion was equivalent to a 2.4-magnitude earthquake and it caused Europe's biggest fire since World War Two.

Sentencing the firms at St Albans Crown Court, Judge Sir David Calvert-Smith said:

"Had the explosion happened during a working day, the loss of life may have been measured in tens or even hundreds."

The companies were fined a total of £5.35m and ordered to pay costs of £4.08m.

Total was fined £3.6m plus £2.6m in costs, Hertfordshire Oil Storage was fined £1.45m plus £1m costs, British Pipeline Agency will pay £300,000 plus £480,000 in costs, Motherwell Control Systems 2003 Ltd (now in administration) and TAV Engineering were both fined £1,000 and each ordered to pay £500 in costs.