December

Melvin Benn faces prosecution

Reading Festival head honcho Melvin Benn is being prosecuted by the borough council under health and safety laws, STAGESAFE can reveal. The brains behind the Reading and Leeds Festivals, the Latitude Festival and who also has a stake in the Glastonbury Festival, faces 26 counts of health and safety breaches.

The charges relate to Benn’s alleged “neglect” – as described in the court’s charge sheet – of two Festival Republic workmen, Stuart Rogers and Philip Broadbent, putting up portable loos at the Little John’s Farm festival site.

Benn, of Claremont Road, Twickenham, Middlesex, who has not made any plea to the counts, will be back before Reading Magistrates’ Court on Thursday, January 22, to face the charges brought by Reading Borough Council.

The counts all relate to one day about a week before 2006’s Reading Festival which saw Franz Ferdinand, Muse, Pearl Jam, Kaiser Chiefs, Arctic Monkeys, Placebo, The Streets and My Chemical Romance playing.

The event ran from Friday, August 25, 2006, to Sunday, August 27, 2006, and the alleged charges took place on Wednesday, August 16, 2006.

Benn – as the head of Festival Republic (then Mean Fiddler) – is charged with two counts of failing to ensure Mr Rogers and Mr Broadbent were not exposed to risks of injury by electrical currents transmitted through overhead cables.

He is charged with two counts of failing to carry out appropriate health and safety checks and risk assessments in relation to the risk of injury that existed while putting up portable cabins under live electric cables.

He is charged with one count of failing to adequately plan the putting up of portable cabins under electrical cables. Other counts Benn is charged with include failing to ensure that workmen were safely erecting portable cabins under live overhead electrical cables.

Many of the counts Benn is accused of contravening relate to the Management of Health and Safety at Work regulations, 1999, the Electricity at Work Regulations, 1989, and the Health and Safety at Work Act, 1974.

Benn’s case was last heard at Reading Magistrates’ Court on Thursday, November 27, when it was adjourned.

Working Time opt-out to end

The European Parliament has voted to end the opt-out, meaning UK employees will be limited to working 48 hours a week. An absolute majority of MEPs - more than 393 – was needed to confirm the Employment Committee's amendments to the Working Time Directive, including the opt-out. The final vote was 421 in favour of the amendments, 273 against them.

Back in June it was announced that the UK had secured continuation of the opt-out following a deal between the TUC and CBI giving temporary workers increased rights after 12 weeks. However, the proposed amendments to the Working Time Directive focused on health and safety and preservation of the work/life balance, and included phasing out the opt-out over three years "to do away with a provision that undermines worker health and safety protection and the inalienability of fundamental rights."

These amendments have now been ratified, meaning the UK will no longer be allowed to opt out of the maximum 48-hour working week if a worker agrees to work. This is not the decision the UK Government was hoping for, and Gordon Brown had pledged to stand firm to keep the opt-out.

The measure will now have to be thrashed out in last-ditch talks between parliament and the EU Governments, with the outcome uncertain. More details will follow, but essentially it means that all workers, as of 2011/2012, will not be able to work more than 48 hours in a week, even if they want to.

This landmark ruling highlights the demands on organisations to effectively manage their occupational health and safety risks as well as ensuring they are compliant with HR and employment law best practice.

US Electronic System for Travel Authorisation (ESTA™)

The US Electronic System for Travel Authorisation becomes compulsory for Brits from 12 January 2009. Brits travelling to the US under the Visa Waiver Programme (e.g. all those without visas) must file an ESTA™ application through the ESTA™ website at https://esta.cbp.dhs.gov at least 72 hours before travel. The US Department of Homeland Security recommends that travelers print out the ESTA™ application response in order to maintain a record of their ESTA™ application number and to have confirmation of their ESTA™ status.

New gas safety scheme comes into force

All gas workers will have to be signed up to the recently named Gas Safe Register from April 2009 under a new gas safety scheme. Currently it's a legal requirement that all gas workers must be registered with CORGI. However, this scheme is being replaced by the Gas Safe Register, run by Capita.  The scheme is overseen by the HSE.

The new gas register will launch to the public before the CORGI register ends on 31 March 2009. Gas Safe Register will be heavily promoted over the coming months to ensure installers, consumers and all the stakeholders of the industry are aware of the change.

Geoffrey Podger, Chief Executive of the HSE, says: "We welcome the development of this new brand which will focus exclusively on improving consumer gas safety and believe it will be a cost effective scheme for installers. We urge the industry and other stakeholders to do all they can to support its promotion to consumers as the 'hallmark' of gas safety."

CORGI-registered installers should have been sent a letter by now by Gas Safe Register and can start the registration process on the website.

Europe moves forward on energy-daving lightbulbs

EU Member States representatives have endorsed proposals for the progressive phasing out of incandescent light bulbs, starting in 2009 and finishing at the end of 2012.

The switch to energy-saving bulbs will save close to 40 TWh. That's roughly the electricity consumption of Romania, or of 11 million European households, or the equivalent of the yearly output of ten power stations of 500 megawatts, the EU says.

The change will also lead to a reduction of about 15 million tons of CO2 emissions per year.

"This groundbreaking measure delivers a clear message about the EU's commitment to reach its energy efficiency and climate protection targets," said Energy Commissioner Andris Piebalgs.

New regulations - scheduled for formal adoption by the European Commission in March 2009 - will set minimum energy efficiency and functionality requirements. They will also take into account consumer expectations in terms of aesthetics, functionality and health concerns.

The plan is to progressively remove incandescent bulbs from the market in a way that allows manufacturers to adapt their production.

Prosecution after oven falls on worker

The HSE is urging companies to conduct suitable risk assessments and adopt safe working practices when moving heavy products and equipment. This reminder follows the prosecution of a company after a worker was seriously injured when a commercial oven fell on him.

On 18 January 2008, a 22-year-old employee of Caltherm (UK) Ltd was helping to move an industrial steam-heated 'DMT' liquid oven weighing 800kg when the oven fell from the two pallet trucks that were being used to move it. He received three breakages to his left foot and five dislocated toes. The oven had been built, in the company's premises on Rowhurst Industrial Estate, for the manufacture of glass.

Caltherm (UK) Ltd was fined £10,000 and ordered to pay costs of £3,377 by Newcastle-under-Lyme Magistrates' Court after pleading guilty to breaching section 2 (1) of the Health and Safety at Work Act 1974.

HSE inspector Wayne Owen says: "Insufficient safeguards existed for the protection of employees because no risk assessment had been conducted for the movement of ovens in the premises. Lack of information, instruction, training and planning for the movement of such heavy equipment, coupled with an unsuitable means transport, all contributed to an unsafe system of work which led to the accident.

"The worker's injuries were sufficiently serious to cause some long-term discomfort and adversely affect his work capabilities. Safe working practices should clearly have been observed and suitable risk assessments undertaken.

"Many incidents could be avoided if companies ensured that they had established a safe way of tackling jobs and ensuring that competent persons are regularly assessing and minimising the associated risks."

The HSE suggests that risk assessments should follow five simple steps, notably:

1. Identify the hazards.
2. Decide who might be harmed and how.
3. Evaluate the risks and decide on precautions. 
4. Record your findings and implement them.
5. Review your assessment and update if necessary. 

Harrogate business parks come under the spotlight

Inspectors from the HSE and Harrogate Borough Council visited over 130 businesses in a week as part of their Safer Business Community project. Between 10 and 14 November 2008, the HSE and Harrogate Borough Council focused on three of the district's business parks - Barker Business Park, Melmerby, Marston Moor Business Park, Tockwith and Hornbeam Park, Harrogate.

These sites house a range of premises including retail outlets, garages, offices, warehouses, engineers, and others. A number of construction sites across the district were also targeted.

As a result Inspectors issued:

• 33 Improvement Notices where there were serious matters of concern and action was required to be taken to prevent an accident occurring; and
• one Prohibition Notice where matters were so bad the inspector found it necessary to stop activities immediately until steps had been taken to put things right.

A number of companies will receive follow up visits from the HSE and Harrogate Council inspectors over the coming months to ensure they have made the necessary improvements.

HSE Principal inspector Chris Flint, who led the HSE inspection team, says: "This has been the first time HSE and Harrogate Borough Council have undertaken a joint initiative of this kind and it has proved very effective.

"Inspectors concentrated on key areas of concern where there was a significant risk of injury or ill health. A number of key failings were identified which included no thorough examination on pressure systems or lifting equipment, lack of provision for safe working at height and inadequate systems for the management of asbestos in the workplace.

"This was particularly unacceptable, as all the workplaces were visited in August 2008 and issued with a DIY 'health and safety check' questionnaire to be completed by the duty holder.

"Not only did the new initiative give companies the opportunity to look at their health and safety standards before the inspection phase, they also had an invitation to attend surgeries held on each of the sites where advice was available from HSE, Harrogate Council, Fire Service and Police.

"Encouragingly, the companies who did take advantage of the advice surgeries were seen to be amongst the best performers - a sign that that this has been an effective campaign".

UK businesses fail to carry out fire risk asessments

Over a third of UK businesses are breaking the law because they haven't carried out a fire risk assessment, according to new research by the insurer Norwich Union. The research found that 38% of businesses were unaware of the requirements of the Regulatory Reform Order, and that more than a third had failed to carry out a fire risk assessment. Under the Regulatory Reform (Fire Safety) Order (RRO), a "responsible person" from a business must carry out a fire risk assessment.

Phil Grace, liability risk manager for Norwich Union, also warned there had been an upturn in the number of prosecutions being brought by the fire and rescue services against businesses that were not complying with the RRO, with businesses facing fines running into thousands of pounds: “A fire risk assessment will not only identify risks to those working within the business, but also to members of the public or visitors to the premises.

"A fire poses great risks for any business with not only losses to stock, raw materials and buildings, but also the possibility that the future existence of the firm may be threatened.  

"The importance of carrying out a fire risk assessment cannot be over-emphasised, no matter how large or small the business. Not only is it a legal requirement, but lives, property and business resilience depend on it.

"A business has got to properly manage fire risks. This includes assessing fire hazards and then removing the hazards or reducing them to an acceptable level. Doing nothing is simply not an option."

New Bill for staff training to come before Parliament

The Queen’s speech has confirmed that a new Bill, giving employees a new right to request time at work to undertake training, will be brought before Parliament this year. The Bill will give each employee the right to request relevant training they need to improve their skills and to have these requests properly considered by their employer.

Ministers believe such a measure will be a powerful lever to ensure British businesses and individuals get the skills they need to emerge stronger after the economic downturn. Skills Secretary John Denham has argued the legislation will give many workers their first proper chance to have a serious discussion with their managers about their training needs. Research suggests that currently one third of employers do not train their staff and eight million received no kind of training last year.

But Ministers are also determined to ensure that the new right will not be a burden to business so the proposals should fit with what the best employers are already doing while encouraging others to follow those good examples.

Skills Secretary John Denham says: "Businesses that invest in skills and training are far more likely to succeed and weather the downturn. Research last year showed firms that don't train are two and half times more likely to fail than those that do.

"I believe the legislation we have announced today will prove to be a powerful incentive for employers and employees to properly consider their training needs and to build a stronger future for their organisations and themselves.”

Under the new measure requests could be to undertake accredited courses that lead to a qualification or for unaccredited training. Employers would be required to consider seriously the requests they receive, using the same sort of processes they have in place to manage requests for flexible working. The right relates to skills which are relevant to the employee's job. Subject to the passage of the legislation through Parliament, the Government expects this right to be introduced in 2010.

After the Queen’s Speech, the Department for Innovation, Universities and Skills published a series of answers to questions employers might have about the new Bill:

What rights will my staff have?

The proposals will give employees the right to request time to do relevant training. Employers will need to give these requests serious consideration.

When will the new rights be introduced?

The proposals are included in Government legislation that will be considered by Parliament. Provided that the legislation is passed, the new proposals will come into force in 2010.

Will I have to agree to all requests?

No. The proposed new right will be a right to request time to train. Employers will not have to agree to every request as long as there is a good business reason not to do so. The Government will provide advice on what those reasons could be.

For instance, in broad terms employers will not have to agree to a request if they think the training will not improve business performance.

Will the same rules apply to all firms, whatever their size?

Yes. However, if you are a small firm it is likely you will have more good business reasons not to do so.

What benefits does this have for businesses?

Research shows that firms that don't train are two and a half times as likely to fail than those that do. The proposals follow what the best employers are already doing and will help encourage others to follow that example.

Would I have to pay for training?

This legislation will not force you to pay for training - but obviously most businesses will choose to do so if it is related to what the business does. The Government has recently increased the funding available for some training and employers can get advice on this from their local Train to Gain broker or their local training provider.

Is there funding to cover the wage costs of someone who is on a training course?

There is some Government help for businesses with fewer than 50 employees. They can receive a wage subsidy when releasing eligible employees for training through the Government's training programme 'Train to Gain'. You can get further advice on this from http://www.traintogain.gov.uk. Further advice on how to access funding is available from a Train to Gain broker and training providers.

How will I know if the training will help my business?

Employees will have to be clear what training they want to do and how it will help the business. Employers will be in the best place to judge if this is true and following a discussion with the employee, make a judgement on whether they should agree to the request or not.

Can staff only ask to do training that can help my business?

Yes. Employees should request training that will make them better at their jobs and therefore improve business performance.

How often can staff ask to have time to train?

An employee can only expect their employer to consider a request once in any 12 month period under these provisions. But there is nothing stopping employees or employers discussing training needs informally at any time.

If I don't give them training can I be taken to an Employment Tribunal?

An employee who wants to challenge a decision will first have to appeal against a decision to the employer and then following that if there are still problems may complain to an Employment Tribunal. But complaints to a Tribunal may only be allowed if the employer has failed to properly consider a request.

What other help can I get from Government?

Businesses who grant training requests may be eligible for support to help with costs through the Government's training programme 'Train to Gain'.

TUC in talks over Working Time Regulation concerns

As part of the ongoing review of the implementation of the Road Transport Working Time Regulations, a TUC delegation recently met with Parliamentary Under Secretary of State at the Department for Transport, Jim Fitzpatrick MP, at the House of Commons to press home the ongoing concerns relating to the transport industry’s interpretation of what constitutes a ‘period of availability’ (POA).

Frances O’Grady, Deputy General Secretary of the TUC and Bob Monks, United Road Transport Union General Secretary, led the delegation, which outlined the industry wide abuses of ‘POA’ in order to maximise working hours and the lack of effective enforcement to eradicate what has colloquially been referred to as the ‘Charter for Long Hours’.

The meeting has provided some hope that the Regulations will become an effective piece of health and safety legislation, with an undertaking given by the Government to revisit the subject at a meeting during the spring of 2009, with a view to reviewing the use of ‘POA’ to circumvent the Regulations.

Commenting on the outcome of the meeting, Bob Monks stated: “I think the Secretary of State fully appreciated the dangers associated with professional LGV drivers working long hours over lengthy periods and recognised the shortcomings in the current legislation, which allow professional drivers to be encouraged to class all non-driving duties as POAs. This is just a crude attempt to maximise the length of the working week.

“A review of the legislation, during the spring of 2009, will give the opportunity for tightening of the Regulations to eradicate systematic abuses of POAs.”

Following the meeting, the TUC’s Frances O’Grady, has sent a letter to Parliamentary under Secretary of State at the Department for Transport, Jim Fitzpatrick MP. In his letter he stated that: "If the improvements made to the enforcement regime do not bite quite sharply into the long hours culture then we believe that the Government would be fully justified in taking a more prescriptive approach, which should include trade unions taking a more direct role in enforcement of the regulations on behalf of their members."

HSE consults on new strategy

The HSE is today launching a consultation on its new strategy, The Health and Safety of Great Britain: Be Part of the Solution. The HSE's decision to develop a new strategy has been prompted by a range of factors. These include:

• the recent slowing of improvement in Great Britain's (GB) health and safety performance;
• the changing industrial landscape with an increase of small businesses and the self-employed;
• the different risks posed by new sectors; and
• the need to regain the health and safety brand from those who misuse it to proliferate bureaucracy and as an excuse for other things.

The strategy, which is resetting the direction for health and safety, sets out a number of goals to be achieved, such as:

• the HSE and Local Authorities (LA) will continue to work together to investigate work related incidents and secure justice;
• encouraging strong leadership and championing a common sense approach to health and safety;
• building competence of those charged with delivering health and safety in workplaces;
• promoting the benefits of worker involvement, whether the workplace is unionised or not;
• customising the support for small businesses to help them comply with their health and safety obligations;
• avoiding catastrophes in GB's high hazard industries; and
• taking account of the wider issues that impact on health and safety and its delivery.

Key stakeholders will be invited to give the HSE their views on the strategy and pledge their support on its delivery.

Report on Reading Festival crush

The crush outside this year’s Reading Festival was caused by a combination of factors – including fake tickets being sold and music lovers attempting to sneak in unnoticed. That is according to Reading Borough Council experts who have examined why “jostling” and “sporadic outbursts” took place before 2008’s annual fest. 

In the days leading up to the August event – especially Wednesday, August 20 – hundreds of people queued along Richfield Avenue desperate to see acts including Rage Against the Machine, Metallica and The Killers. However many of them did not have tickets and there were not enough to go round, as in previous years.

This resulted in bashing and shoving as, according to council officers, the festival was “overwhelmed”. In the council report team leader for licensing and enforcement John Mortlock  said: “The publicity of ticket availability, combined with non-ticket holders who had travelled to Reading expecting to get on site by means of using friends’ tickets and failing, together with the number of disappointed fans who had not received tickets, led to thousands of hopeful festivalgoers descending on Richfield Avenue and Thames Promenade.”

This year’s festival capacity was 70,000 plus 4,999 guests on all days, as it was in 2006 and last year. But many more people than usual turned up for this year’s event. Problems peaked at 2pm on Wednesday, August 20.

Mr Mortlock said: “There was considerable jostling with sporadic outbursts and a number of festivalgoers had to be removed from the crowd by security for safety reasons.” He admitted “it became apparent there were not sufficient tickets available for the number of people queuing to buy tickets” and said “on the basis of public safety and potential public nuisance” some people were made to go home.

In light of this, Festival Republic has already agreed no tickets will be available to buy on site in the days leading up to next year’s event. Mr Mortlock attributed this year’s overcrowding to a number of factors. He partly blamed scammers selling fake tickets to people.

In an attempt to halt fraud this year  genuine tickets were sent out only five days before the event. This meant people reselling passes could not send them out in time and went bankrupt – leaving many ticketless. The report stated previously it has been easier for festival goers to pass their tickets on to friends, allowing them access not to the arena but to the campsites.

But this year tickets were collected and people hoping to sneak into campsites found themselves stranded. People were also under the illusion there were tickets available when they had all sold out, Mr Mortlock said. The report will be discussed at a scrutiny panel in Reading’s Civic Centre on Wednesday.

Mr Mortlock also discussed the big fire at this year’s festival which took hold in the white car park and was caused by an out-of-control bonfire. He said Festival Republic needs to consider more fire safety points including additional security patrols next year.

Stretch limos fail to make the safety grade

A "substantial number" of stretch limousines do not meet UK safety standards, says a traffic watchdog. Wales and West Midlands traffic commissioner Nick Jones is concerned about rising use of the cars hired for parties, school proms and hen nights.

He said while lots are properly licensed, many are illegal and have drivers not vetted by the Criminal Records Bureau (CRB). Some spot checks even revealed drivers on the sex offenders register, he said.

Mr Jones is examining the issue on behalf of his fellow UK commissioners and will meet representatives from the stretch limousine industry and local authorities in Newport, south Wales, to look at ways of dealing with the problem.

He said the current law pre-dates the growing use, so regulating stretch limos had "proved a difficult issue".

"These are substantial vehicles which can be as long as a bus, and as many of them are imported, they may not meet GB safety standards," he said.

"Their number is growing annually too, which is why we are holding this meeting."

Stretch limos, which can have up to 16 seats, are often imported from the US, where different safety laws apply. Some are adapted to become stretch limos by a process called "cut and shut", where two vehicles are sliced in half and stretched by adding extra parts.

"This is dangerous as they might not have the proper safety features and doors might not shut properly, for example," said Mr Jones.

Simple checks

"Operators of stretch limousines whose vehicle are not properly licensed could find they are not insured for the work they are doing, which then means passengers are not safeguarded in the event of an accident."

He said another concern was the fact that drivers of vehicles with more than eight seats - known as Private Service Vehicles (PSV) - do not need to be vetted by the CRB.

"I know of instances where police have carried out checks and they have found some drivers who are on the sex offenders register," he said. "I don't think people are aware and it's worrying."

He said simple checks could ensure people use licensed stretch limos. "There are a lot of stretch limos that are legal and are properly licensed and people need to check for these," he added

"If a vehicle is licensed by the local authority [which regulates limousines with eight or fewer seats], it will have a plate.

"If it's a PSV [which are licensed by traffic inspectors], it should have a special disc in the window. People can also ask for their licence number."

The government is currently tightening controls on stretch limousines to make sure they meet safety and licensing standards.