December

Firm fined for accident during health & safety meeting

A firm will have to pay more than £35,000 after an unsafe floor collapsed and trapped 21 employees — during a health and safety meeting. No-one was seriously hurt, but two workers suffered broken bones after the floor, which had not been built to be load bearing, crashed 9ft to the ground below. Luckily three people in the room underneath fled with moments to spare after noticing the ceiling bulging.

Hyde-based Findel Education pleaded guilty at Tameside Magistrates’ Court to failing to ensure the health and safety of employees. They were fined £13,000 and must also pay the £22,504 costs of an investigation by Tameside Council’s health and safety officers. Representing the council, prosecutor Leila Ghahhary said: "Expert reports indicate the fixings of the joist that held the ceiling in place were inadequate for the load taken."

The company, which employs 400 people and produces educational supplies, was based in the Hyde Building, an old mill on Ashton Road. To improve acoustics, a hanging ceiling was built in 2000. The builder also carried out some work so the space above could eventually become a functional room. But he made it clear to the company that further work was needed to make it load bearing.

Defending, Rob Elvin said the only two employees who were aware the floor was not safe – the former managing director and his assistant – left Findel a year ago. "Somewhere along the line this had been forgotten," he said. "For whatever reason, it was used. But this should never have happened." He said the pair had used the room themselves regularly. "They can’t have thought there was a risk in using the room," he said.

The company had completely overhauled its health and safety management systems as a result of the incident in 2006, he said.

Driver compensated for fuelling injury

A driver who was injured as he filled his work van with diesel at his employer’s premises has been awarded £1,800 in compensation. Dawson Holdings PLC has been ordered to pay compensation to William Smith, from Bournemouth, after he was injured filling the tank using a hand-held nozzle.

Whilst using the nozzle, diesel splashed back from the tank of the van and went directly onto his hands. Smith suffered from irritant contact dermatitis as a result. The fuel pump did not have a protective guard and Mr Smith was not provided with gloves to protect his hands.

Representing Smith Laura Murray, from Thompsons Solicitors, said: "This case highlights the need for employers to provide their workers with protective clothing. Although the risks involved in this task were assessed, protective gloves were not made readily available to employees, nor were employees aware that they were necessary or available.

Directors warned over health & safety

Directors found guilty of serious health and safety offences are also likely to be banned from running a company if new sentencing guidelines come into force, warns law firm DWF. The warning follows a report by Warwick University on behalf of the Health and Safety Executive (HSE), which says that too few directors are being disqualified for flouting health and safety rules.

While the Company Directors Disqualification Act, introduced in 1986, allows the courts to disqualify directors who are in breach of their duties, in the period up to 2005 just ten had been banned for health and safety offences. The report found the prosecutors and judges were failing to use the Act because of a lack of awareness. It recommends that the HSE should issue guidelines as to the circumstances in which it would be appropriate to disqualify a director, and urge prosecutors to apply to the court for a disqualification order as a matter of course in these types of cases.

Steffan Groch, health and safety partner at DWF, says: “Directors should be warned. The HSE will be encouraging prosecutors to use their powers under the Act. It means that, for serious breaches of health and safety rules, they will not only risk a large fine but also could be banned from running a company.

“This latest measure is part of a wider clampdown on organisations that breach health and safety rules. The HSE is taking a much tougher approach in prosecuting offenders and fines are increasing. Meanwhile the introduction of the new offence of corporate manslaughter in April 2008 will put the actions of directors under the spotlight as never before.”

Health & safety fears end three-legged race

It has been a village tradition for more than three decades. But organisers say this year's charity three-legged race in Edgworth will be the last. Twelve couples with a leg tied to each together, dashed around the village in fancy dress with collection tins on Friday and raised more than £300 for Cancer Research. In 2005, 165 pairs took part in the event raising £5,000, but it sparked fears about health and safety which put the future of the fundraiser, which started in 1972, in doubt.

In its heyday, competitors stopped for a drink in every pub on the course and the event would last between noon and midnight, with prizes awarded for the best costume. Past events had attracted complaints from residents about the behaviour of contestants, while police had expressed fears over crowd control and some of the pubs involved feared the event would break fire regulations.

Last year, the official event was cancelled and an unofficial race took place with six pairs making a stand. And this year 24 people did their bit, with organiser Gill Ramwell limiting the numbers of participants to avoid any safety problems. Miss Ramwell, aged 39, of Edgworth, has watched the event since she was a child and has been taking part since her teens.

She said: "Everyone knows someone who has been a victim of cancer and it is close to all our hearts. "That is why we do this event and people give so generously. It is a tradition that has been going for 35 years but each year we come across more and more obstacles and we realise that it is time to move on. It will be a sad loss for the village but next year we will organise something different to raise money for the charity."

Those taking part visited several pubs in the village to collect cash, and also asked their bosses to donate money to the good cause. Miss Ramwell added: "Everyone was asking if the event was on this year and we had to tell them it wasn't to avoid having too many people turning up."

No fancy dress for lollipop lady

A lollipop lady has been banned from wearing festive fancy dress because of safety fears. Margaret Russell, 54, has delighted pupils, parents and motorists in Millbrook, Southampton, for two decades as she collects for charity. But after a complaint by two parents, the city council said she could not take children across the road unless she wore her reflective coat.

Mrs Russell, a grandmother who is collecting for the mayor of Southampton's appeal fund, said: "I was pretty cheesed off when they told me because I'd spent a lot of time and effort on this year's costume. Why am I suddenly a health and safety risk? When they used the expression I thought they were saying 'elf and safety' for a joke."

Size matters

Chair of the Health and Safety Commission (HSC) Judith Hackitt  has reminded employers that when it came to the protection of their employees, the size of the organisation or business must not matter. Speaking at a United Kingdom Accreditation Service (UKAS) think tank event entitled ‘Risk, Responsibility and Regulation’ the comments formed a part of a national debate recommended by the Better Regulation Commission on the management of risk, and a re-examination of some of the areas where the state is perceived to have assumed more responsibility for peoples’ lives than is healthy or desirable.

At the event, Ms Hackitt announced the launch of HSC’s 2007 Simplification Plan:  "The aims of our simplification plan are to reduce paperwork - yes - but NOT to reduce levels of protection. Our recent announcement of 2006/07 safety performance statistics in workplaces in Great Britain makes it absolutely clear that none of us - in HSE, the public sector, business, large or small enterprises - can afford to let up in any way on our commitment to improving health and safety outcomes in the workplace. Through our simplification plan we want to make it easier for all business to know what’s required to comply with regulation."

Taking on the debate of whether regulation gets in the way of business Ms Hackitt said: "What will continue to be most challenging for us is the real paradox we live with in a society which on the one hand loves to point to any example of bureaucracy and over protection as yet another clear example of the nanny state but on the other hand has no hesitation in looking for someone to blame and calling for ‘something’ to be done when accidents and tragedies occur. Good regulation not only should but does enable businesses and organisations to conduct their activities more efficiently and effectively - and health and safety regulation is absolutely no exception to this."

The HSE’s Simplification Plan aims to reduce bureaucracy and paperwork in a way that is proportionate to the risk. Some highlights of the 2007 plan include:

• example risk assessments - real examples of risk assessments endorsed by the which are fit for purpose. This includes a three-page risk assessment used by Leicestershire County Council;
• introduction of the Construction Design and Management Regulations 2007 which bring together four sets of regulations into one and makes key regulatory requirements much clearer;
• rationalising and reducing the amount of HSE forms in use; and 
• removing redundant forms (50% of HSE’s stock) - through the Business onLine Project, the HSE is working to ensure that all those current forms are transferred to and available to business in electronic format.

Concluding her speech Ms Hackitt gave a firm reminder to businesses, "It is a dangerous mistake to assume that small business equals low risk in all cases. Let's be in no doubt that in reducing bureaucracy it is the level of risk which counts – and we must all be careful to ensure that levels of protection are maintained in all businesses – whatever their size."

Contractors to lose out on employment rights

Contractors are likely to lose chances to obtain employment rights in an upcoming decision of the Appeals Court. Contractors will be taxed like employees, but have no chance of obtaining employee rights. The Right Honourable Justice Lord Mummery has already suspended all cases of this kind in expectation of this decision, due in an appeal of the 2006 case James v. Greenwich before the end of this year.

The decision, which has already been reached by the Court of Appeal, but which has not yet been announced, is expected to reverse previous case law under which contractors who were effective employees of a client, even though they had contracted through an agency, were able to prove the existence of an implied contract with the client. This meant that contractors could obtain employee rights like vacation pay or sick pay.

But this impending announcement by the Appeals Court will put an end to all that. ''Contractors are likely to go on being treated like employees, without enjoying any employee rights or perquisites,'' says Dave Chaplin, director of the specialised Web site for contractors - Contractor Calculator.

Worse still, if HMRC believes contractors are 'disguised employees,' the Revenue will tax these contractors just like company workers. But there will be no recourse for the contractors to obtain employee rights.

Given the change in case law, proving a contractor to be 'inside IR35' will become extraordinarily difficult for the Revenue. The same case law is used for 'IR35' as for proving the existence of an implied employment contract.

The text of the Court decision should be available within a few weeks.

Big Night Out to continue

A firwork spectacular which ended in mayhem when a fairground ride crashed to the ground injuring more than a dozen people will go ahead next year, organisers have revealed. Fears over the future of the Big Night Out event, which regularly attracts thousands of people to Long Melford, had been raised following last month's frightening accident.

But organisers last night confirmed the popular annual fireworks show would continue after donations of more than £23,000 were given out to local good causes thanks this year's event. Andrew Hagger , administrator of organising group Project Seven, said there might be some changes to next year's lay-out but he insisted the popular event would continue.

He said: “We are very upbeat about next year and we will have a few more meetings to discuss things and see how we want to go. We always review the event every year and this is a good opportunity to go into more depth and see how we can improve the event.

“We raised more than £23,000 this year and gave out cheques to 54 different organisations. The support we had was overwhelming and it shows how important the event is locally. What happened was unfortunate but we have been told by an officer at Suffolk Fire Service that there was nothing wrong with our health and safety policies.”

Project Seven chairman Robin Doran said: “We are delighted with how much has been raised and we are delighted we can do it all again next year.” The Big Night Out, supported by the East Anglian Daily Times, has become a popular annual event mixing spectacular fireworks with fairground rides and other attractions.

But this year was marred when the Hellraiser ride crashed off its rails and trapped revellers in one of the cars. Young mother Zoe Nolan, of Sudbury, suffered head wounds and broken ribs in the crash and revealed it was only the quick-thinking of her 20-year-old boyfriend Steven Rogers which prevented her suffering more serious injuries. Five other people needed hospital treatment while a dozen or so more passengers were described as “walking wounded”.

An investigation into the crash has begun but is not expected to be concluded until the New Year.

RIP Pete Howard - 2007

It is with great regret that STAGESAFE announces the death of Pete "Skan" Howard on Wednesday last. Known to his many friends and colleagues as "Techno Grandad" or "The Oldest Raver In Town", Pete was the founder of Skan PA Hire and was highly regarded by many in the industry as a commensurate professional.

STAGESAFE would like to extend our deepest sympathies to Pete's family and friends over their tragic loss.

Firms warned over Xmas drinking

As invitations start arriving for festive functions, the increase in business drinking opportunities can spell trouble in the workplace – and hit productivity, according to employment specialist Bernadette Worthington of law firm Mace & Jones. The problem is that some employees consider it their duty to accept an alcoholic drink from a client or contact. But they should be made aware that rules on alcohol do not change for Christmas, explains Worthington: “As December approaches, employers should reinforce their alcohol policies, pointing out to staff that the rules do not change just because it’s Christmas.

“Employees should understand that they represent their company when invited to lunch or an evening event – and if the policy is to stay sober and professional, then that doesn’t stop for Christmas.” The key to avoiding a morning-after confrontation is to take preventive action, she advised:   “You don’t want to be a killjoy, but at the same time you don’t want to risk losing valuable clients through the inappropriate behaviour of inebriated staff. And you don’t want to encourage a slowdown in work throughout December and early January.

“The answer is simple; circulate copies of your alcohol policy and make sure everyone is aware of the ground rules. Then if someone does have one too many it will be easier to impose disciplinary measures.” Alcohol is estimated to cause three to five per cent of all absences from work; and about eight to 14 million working days are lost in the UK each year, due to alcohol: “Alcohol misuse can cost you more dearly than you realise. As well as damaging business relationships, it can lead to poor performance and reduced productivity; lateness and absenteeism; and impact on team morale.” 

Firm prosecuted for ladder fall

The HSE has prosecuted a Stourbridge glazing company after an employee fell from a damaged ladder while replacing windows in a leisure centre. Jaysee Glass and Glazing Ltd of Lye, Stourbridge was fined £4,500 and ordered to pay costs of £1,278 at Dudley Magistrates Court on 22 November, after pleading guilty to breaching Regulation 5(1) of The Provision and Use of Work Equipment Regulations 1998, Regulation 13 of The Management of Health and Safety at Work Regulations 1999 and Regulation 8(e) of The Work at Height Regulations 2005.

On 5 February 2007, Michael Norton was working as part of a three-man team replacing vandalised windows in the Next Generation Leisure Centre, Brierley Hill. He was using half of a double ladder set that had been split to allow two men to work at height. The ladders were not secured and the one being used by Mr Norton slid sideways, causing him to fall approximately two metres to the ground. He fractured his wrist and received a puncture wound to the back of his hand when part of the glazing unit that he was carrying up the ladder fell onto the back of his hand.

The ladder in use was damaged, the feet were missing and it was being used without stability devices. The company knew that the ladder was damaged, and that there was no stability equipment in the van taken to site. Totally insufficient training was given to employees and, even though Mr Norton had fallen from the ladder, another employee used the same ladder to complete the task of installing the glazing unit.

HSE inspector, Karl Raw, says:  "Each year people lose their lives or suffer injury due to failures to provide the right equipment for working at height or maintaining equipment. Underlying this is failure to assess risks, plan for safety or train employees. In this case, working from an improvised ladder set-up with damaged and inadequate equipment was completely unacceptable and could have resulted in much more serious injury, or even death. For this type and level of work, scaffold towers should have been loaded into the van and used correctly. This would have allowed the work to be completed safely without risk of falls resulting in injury. It was gratifying to see that the magistrates also clearly recognised that there is absolutely no substitute for proper training."

On average 13 people a year die falling from ladders at work - and nearly 1200 suffer from major injuries. More than a quarter of falls happen from ladders. The HSE’s advice is that that ladders should only be used for low-risk, short-duration work.

Men fined after death of war veteran

Balfour Beatty Power Networks has been fined after the death of an elderly man in Leeds two years ago. The 90-year-old man died after falling 1.5 metres into an unguarded excavation in Leeds on 29 November 2005. The man, who was a Burma Star veteran, died from head injuries in hospital two weeks later.

Mark Sheard and Wayne Hirons, both from Barnsley and employed by Balfour Beatty Power Networks, pleaded guilty to health and safety charges at Leeds Magistrates Court. Mark Sheard was fined £250 plus £250 costs, and Wayne Hirons was fined £400 plus £400 costs.

HSE Inspector Nicola Allbut says: "This was a tragic accident which was completely preventable. I am satisfied that the defendants had received appropriate training and had access to barriers to erect around the excavation. They chose not to use these barriers, walking away and leaving the excavation unguarded. As a result, this elderly gentleman lost his life."

Mark Sheard and Wayne Hirons were charged with breaching Section7 (a) of the Health and Safety at Work Act 1974.

Worker denied flexible hours claims over miscarriage

A senior arts centre manager has claimed that her employer’s refusal to allow her flexible working caused her to suffer from stress which led to a miscarriage. Managers at the Barbican Centre in London refused to allow Nicola Adedeji to work flexible hours following the birth of her two children. Adedeji, who had worked for the Barbican Centre for ten years, said that she originally put in a request for flexible working hours in summer 2006 after her mother had an accident and was no longer able to look after her two children.

Her managers rejected the request, so she suggested a job share instead - and four weeks leave in November, the month after her third baby was due. She was refused all flexible working arrangements and also refused the time off she had requested. "I was devastated I had not been granted any leave in November at all as I simply had no one to look after my children," said Adedeji, who is suing the Barbican's owner, the City of London corporation.

She told central London employment tribunal: "I became extremely upset and was physically sick." On October 26, she went to see her doctor, who diagnosed work-related stress; she then suffered a miscarriage in the early hours of October 31. Adedeji, who was later signed off sick until further notice, yesterday formally withdrew the accusation that the decision to deny her flexitime had contributed to her losing her child, after legal argument between the parties.

The City of London corporation denies unfair dismissal, victimisation and indirect sexual discrimination. Anya Proops, for the City of London corporation, told the tribunal:  "It is simply not feasible to have this particular complex frontline role occupied on a part-time basis." In a statement, the Barbican said it embraced flexible working practices: "We are confident of our case. The Barbican has a good record of relations with its staff and will be rigorously defending its position in this case."

The hearing continues.

Bogus self-employment plagues construction industry

Alan Ritchie, general secretary of construction union UCATT has revealed the huge amount of money being lost to the Exchequer through bogus-self employment. He revealed the concerns of the construction industry while giving evidence to the BERR select committee, which is conducting a major investigation into the construction industry.

Mr Ritchie revealed that UCATT estimates that almost 50% of the construction industry (around 1m workers) were working as bogus self-employed. He said that he believed bogus self-employment was now costing the Exchequer £5bn every year. Bogus self-employment occurs when a worker who has all the characteristics of an employee is classified as self-employed for tax purposes. The vast majority of bogus self-employed workers operate under the Construction Industry Tax Scheme (CIS).

They are taxed at source (20%) like a normal employee, but pay lower national insurance contributions and are entitled to make an annual tax return. As the workers are classed as self-employed, employers pay no national insurance contributions for them, and the worker pays a lower rate than a PAYE employee. The remainder of the £5bn is lost through the ability of CIS members being able to make an annual tax return. The cost of travel, tools tax and other expenses are offset against their tax obligations.

During his evidence session Mr Ritchie also raised his concerns about the exploitation of migrant workers and estimated that around 350,000 were employed in the construction sector. He renewed his call for the Gangmasters Licensing Act to be extended to the construction industry, in order to end the widespread exploitation of vulnerable, mainly migrant, workers. 

Santa Claus grounded by health & safety

Tradition has it that Father Christmas travels by sleigh, but it seems even he is not exempt from the diktats of the health and safety police. They have told one Santa that he must be strapped into a full body harness in case he falls out of his sleigh as it is towed by a Land Rover at the gentle speed of five miles an hour. Meanwhile, another has been forced to abandon his sleigh altogether, and travel on a rather less magical bus.

Members of the Halesowen and Rowley Regis Rotary Club were told that they would have to raise a four-figure sum to cover the insurance costs of a visit by Father Christmas, until he agreed to belt up. Barry Wheeler, the president of the West Midlands club, said: "Every year we have made sure Santa gets to go through the town and wave to the children. It just seemed ridiculous, especially because he doesn't actually ride on the sleigh that often. He would be more likely to injure himself getting in and out of the sleigh than actually falling out of it."

One of the members of the club, which has been organising visits by Father Christmas for the past 20 years, has now taken the sleigh to be fitted with the harness. This means the club saved £200 on its insurance policy and could still go ahead with the event. However, members said the tough rules took "the magic out of Christmas". "We're going to try to make the belt as discreet as possible," said Mr Wheeler. "The sleigh ride through the towns starts in December and starts Christmas off for so many people. It would have been such a shame to see it cancelled."

Kelly Ostler, from the Association of British Insurers which represents about 400 UK insurance companies, said: "This is as much about protecting Santa from other drivers as protecting him from the speed of his own sleigh." But Father Christmas has not been so lucky in the Northumbrian town of Alnwick. There, a 30-year tradition of visits to the town by Santa and his sleigh have been brought to an abrupt halt by a similar insurance wrangle.

As usual, the organisers - Alnwick Lions Club - planned to mount the sleigh on a district council trailer. But this year the council has ruled that using the trailer would be too dangerous because Santa is not a council employee, so he would not be covered by its insurance.

Instead, he has had to cancel the tour and will have to ride into town by bus to switch on the Christmas lights. Graham Luke, of the Alnwick Lions, told the Northumberland Gazette newspaper: "It is health and safety. We have become Americanised - that's the best way of putting it. It is very frustrating because it is a tradition that has been going on for so long." An Alnwick district council spokesman said: "We always try to help with community projects, but regrettably, this is out of our hands."