Keep It Safe - July 2022

KEEP IT SAFE JUNE / JULY 2022

CONTENTS FOREWORD

3

TRANSPORT HUB

FIRE SAFETY

4

BFFF INITIATIVES

6

New Rules To Improve Road Safety And Enable Fully Driverless Vehicles In the EU 18

MEMBER NEWS

6

GUIDANCE

20

NEWS AND EVENTS

7

The Storage of Gas Cylinders

20

Work-related Fatal Injuries in Great Britain

21

Asbestos-related Disease Statistics, Great Britain 2022

22

Extreme heat: What are my rights at work?

22

UPCOMING EVENTS

23

Accident Statistics

People’s wellbeing should be as important as their health and safety at work

6

7

18

Mental Health and Wellbeing Strategy - Scotland

8

Protecting Workers’ Lung Health

8

MENTAL HEALTH: STARTING A CONVERSATION

9

BARBOUR: DIRECTOR’S BRIEFING

11

The Frozen Food Business Conference

23

TESCO: S.T.A.R INITIATIVE

12

Frozen Food Annual Luncheon 2022

23

PRIMARY AUTHORITY SCHEME

14

ENFORCEMENT

15

Carlsberg Fined £3m Following 2016 Ammonia Gas Leak

15

Sea Food Processing Company Fined After Fatality Involving Forklift 16 Goat Farming Company Fined After Fatality

17

Restaurant Fined Over Boy’s Hand Trapped In Mincer

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FOREWORD Welcome to the June / July Edition of Keep It Safe You will notice in this edition, we have listened to your views, and have changed the format of Keep It Safe. You will therefore enjoy an improved reading experience, without the need to click on individual links. In addition, you can now download the digital newsletter in its entirety and share it with colleagues. I hope you will agree; a better way of disseminating crucial health & safety information.

We have received some great feedback from our live Health & Safety Conference delivered in May at the British Motor Museum. Thanks to all the speakers, exhibitors and delegates for attending and making this possible.

There is a place for virtual, but nothing compares with the real thing. It was great to see everyone’s reaction, interaction and expression again.

The topics of Workplace Transport, Mental Health and Road Risk were also received well. Our inspirational speaker Lisa Ramos and our Motivational speaker Chris Moon were both highly rated.

Simon Brentnall CMIOSH PIEMA AMIFPO

Head of Health & Safety BFFF

Save the date for our 2023 conference on Wednesday 8th March at the British Motor Museum.

As many of you know Richard Harrow our CEO has now completed his term at the British Frozen Food Federation. He has led us through some difficult and turbulent times. It’s been great working with Richard over the past few years, we wish him all the best for the future. Rupert Ashby has joined us from the Country Land Association (CLA) as our new CEO. Rupert has previous experience with both trade associations and Health & Safety and we look forward to working with him. Rupert will join our next Health & Safety Expert Group on 13th September 2022 to meet some of you in person.

For those of you that are not aware, as a member of BFFF you are entitled to join the free Primary Authority coordinated partnership scheme for Health & Safety, Fire Safety, Food Safety and Trading Standards. Primary Authority is a government-run scheme that helps protect businesses from unnecessary legal challenges. It helps to ensure businesses operating in the food sector are doing so safely and legally. Primary Authority is an extension of the old ‘Home Authority’ principle where your local authority and your business worked together to ensure you were on the right side of the law. The government has recognised that enforcement and interpretation of legal regulations were sometimes variable in its approach and that many businesses operate outside their own local area. The vision for Primary Authority is to allow businesses to ‘trade with confidence’ throughout England. Once you have Primary Authority advice signed off within a registered partnership, your operating practices can’t be challenged by any other enforcement authority.

• • • • • •

We provide access to a wealth of experience and understanding of the scheme.

Over 30 pieces of sector-wide advice – additional advice is driven by member requirements.

Trade with confidence – no unnecessary enforcement queries.

Can potentially save you money.

BFFF does all the administration for you –contact us and we will do the rest.

Free to join – so why wouldn’t you?

Full information on the project here https://bfff.co.uk/health-safety-news/primary-authority-usergroup/ Please continue to send us your accident data for 2021 for our new online membership accident statistics platform more details in this edition.

Simon 3

FIRE SAFETY

There is one essential in life that is critical to effective firefighting – WATER – with it, a fire authority will normally have the tools and procedures to instigate an effective firefighting plan and protect additional risks around the fire. Without it, there is Armageddon.

As you would expect there are many pieces of legislation that need to be followed and adhered to and of course if these things are not achievable then additional measures must be instigated. The first of these is the Fire Services Act 2004. It would not be possible to go into this in great detail, but section 38.1 states one of the main duties would be, ‘A fire and rescue authority must take all reasonable measures for securing that an adequate supply of water will be available for the authority’s use in the event of fire’ and so ‘A fire and rescue authority may enter into an agreement with a water undertaker for the purposes of section 38(1).

Therefore we have hydrant systems in the streets.

Approved Document ‘B’ is the basic fire safety legislation that must be followed with any new build or alterations to a building. It states that a building should be no more than 100 metres from a fire hydrant, which is usually achievable for smaller factory units and shops, but for larger more industrial sites this is not always possible, so the document calls for the provision of private hydrants or alternative supplies of water.

These can come in many differing formats with the simplest of these being an extension from the water authority’s line with hydrants 90 metres apart along its length, this becomes a private main and the testing and maintenance falls to the occupier.

Some larger sites, for example larger airports, have systems utilising ‘dirty water’ in other words rain water or other waste water that is collected through drains and stored in large tanks or ponds, this is then fed via pumps into the onsite hydrant system, usually these hydrants are fixed above ground for speed of access and visibility.

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Article 38 of the Regulatory Reform (Fire Safety) Order stipulates that any facilities, equipment and devices for the use of firefighters are subject to suitable maintenance and must be in efficient working order and good repair. Therefore hydrant systems should be inspected regularly to ensure all moving parts and washers operate and tested to inspect the flow at least annually.

The National guidance document on the provision of water for fire fighting gives the relevant flow rates for any system depending on the size of the site, the main itself should be a minimum of 150mm (6’’) bore and the flow rates should achieve: •

Up to one hectare 20 litres per second.

•

One to two hectares 35 litres per second.

•

Two to three hectares 50 litres per second.

•

Over three hectares 75 litres per second.

When it is not possible to supply a piped system or the pressure and flow within the local system is insufficient then the alternatives come into play. These must be in consultation with your local Fire service and will depend on the size of the site but as a minimum it would be a charged static water tank with a minimum capacity of 45,000litres. This could be a solid tank or a neoprene bag, the choices are endless.

The other option would be a spring, river, canal or pond (non-tidal) that can provide or store a minimum of 45,000 litres of water at all times and it must be provided with access, space and a hard standing for a pumping appliance, this is called an Emergency Water Supply and is denoted by an EWS sign. The hard standing is to allow an appliance to lower a hard suction pipe into the water to draw up its supply, but many modern systems incorporate the pipework into the set up and this allows an appliance to connect straight in and draw the water off.

Brian Dean - Essex County Fire and Rescue

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BFFF INITIATIVES ACCIDENT STATISTICS We are now collecting your 2021 Accident Data.

Log in to the website to submit yours today or email carlabrown@bfff.co.uk to request a manual entry sheet. https://bfff.co.uk/page-statistics/

MEMBER NEWS BFFF was recently invited into NewCold in Wakefield to meet with Eddie Harris QHSE Manager, Eddie has only been in post for a few months and bring with him vast amount of experience with him from the transport sector. Eddie now looks after NewCold’s sites in Wakefield and Corby. BFFF wanted to find out more about NewCold’s automated process, pallet topping and mixing services. Eddie’s current project is creating a new risk profile for the business in order to prioritise risk and implement control measures. It was great to discuss how BFFF could help and support going forward.

NewCold operate in three continents and offer over 927,000 pallet positions and 1200 employees.

The NewCold Corby site will be one of the largest Coldstore in Europe, this will be open in Q4 of 2022 and providing career opportunities for many.

Eddie has started to utilise many of our Health & Safety services. We have already helped with industry guidance for working in a coldstore environment, fire safety and ammonia. He has also joined our Health & Safety Expert group which is useful for gaining an industry view on certain topics.

The group also serves to discuss industry related topics and future Health & Safety events and meets tri-annually.

NewCold are also in the process of signing up to BFFF’s coordinated primary authority scheme, this forms part of membership at no additional cost. This will give the company free industry level advice on both Health & Safety with Wakefield Council and Fire Safety with Essex Fire & Rescue. Click here to contact Eddie

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NEWS AND EVENTS People’s wellbeing should be as important as their health and safety at work The Chairman of British Safety Council, Peter McGettrick, has called on businesses and employers to make the wellbeing of their staff as important as their health and safety.

It comes on the back of findings in a survey conducted by British Safety Council, showing a third of people (32%) say their employer is not particularly or not at all committed to their wellbeing. While 42% do say their employer is committed to wellbeing, they think they could do more, and just 26% believe their employer is very committed to wellbeing.

Peter McGettrick said: “Now more than ever, as we emerge from more than two years of the COVID-19 pandemic, I believe we have a duty to make people’s wellbeing as much a priority as we do preventing them being injured or made ill through their work.

“By ‘wellbeing’ we mean that the skills, talents, individuality, and contribution of every employee should be at the heart of any successful business. That way, people can truly thrive, both in and outside of work.”

In British Safety Council’s poll, the biggest issue affecting people’s wellbeing following the pandemic is the cost of living, according to 59% of the survey respondents. Other issues were workload pressures (mentioned by 17%), effects of staff shortages (13%) and challenges to do with balancing hybrid work and life (11%).

Recently, Peter addressed MPs and peers in the House of Commons at an event held to launch the British Safety Council’s Keep Thriving campaign among parliamentarians and encourage their support. The Keep Thriving campaign is calling on employers, government, and wider society to come together to improve people’s wellbeing. Among its eight calls to action, organisations and businesses are encouraged to sign up and commit to: Appointing an executive director responsible for wellbeing, acting as a sponsor driving change.

Actively engaging employees in determining workplace wellbeing interventions that work for them.

Adopting a holistic approach to health, safety, and wellbeing, focused on training people to enable prevention and avoid poor wellbeing.

In British Safety Council’s poll, just 55% of respondents say their workplace has an integrated health, safety, and wellbeing strategy.

Peter McGettrick added: “At British Safety Council, we believe that employers should adopt a holistic approach to health, safety, and wellbeing, as we know they affect each other. When people are stressed or suffer poor mental health, they are also much more likely to have accidents or injure themselves. Likewise, someone who is unwell or recovering from something, they can often find their wellbeing suffers as a result.”

British Safety Council June 2022

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Mental Health and Wellbeing Strategy - Scotland The Scottish Government has issued a consultation to gather views on what a new mental health and wellbeing strategy for Scotland should look like.

The Strategy will guide the work that the Government, and its partners, will do to improve mental health and wellbeing in Scotland. This will include an overall shared vision, a set of outcomes, and how these will be achieved to improve people’s mental health and wellbeing. It will also describe how these achievements will be measured.

The Strategy will focus on every part of what mental health and wellbeing means. This covers a range of things, including: Addressing the underlying reasons behind poor mental health.

Helping to create the conditions for people to thrive.

Challenging the stigma around mental health.

Providing specialist help and support for mental illness.

It is also intended that the Strategy will guide how support will be given to everyone who has a role in improving and supporting people’s mental health and wellbeing.

This ranges from the specialist mental health workforce, to those working in all health and social care settings, in our communities, schools, police custody suites, and prisons. We also recognise the invaluable support of volunteers and unpaid carers.

The Strategy will mainly cover the next five years, until 2027. However, it will also set out a longer term approach to improve the mental health and wellbeing of the Scottish population.

The final Mental Health and Wellbeing Strategy will be published later in 2022.

The consultation period ends on 9 September 2022.

Scottish Government June 2022

Protecting Workers’ Lung Health Prevent work-related lung disease in your industry Each year, around 12,000 people die from work-related lung diseases linked to past exposure to hazardous substances at work.

These deaths are preventable if exposure to the risks is effectively controlled. No matter what industry you work in, ensure you understand the risks and your legal duty to prevent occupational lung disease and protect workers from ill health.

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MENTAL HEALTH: STARTING A CONVERSATION This briefing is for those who are having a conversation for someone they are responsible for (for example a line manager) in the workplace.

Introduction

When Mental Ill Health Becomes A Disability

Wellbeing is a state of being happy and healthy in our bodies (physically) and in our minds (mentally). Mental Mental ill health can be classified Health is defined as a state of wellbeing in which an as a disability at the point that the individual can cope with the normal stresses of life impairment has a substantial and and can work productively. However, when a person long-term (12 months or longer) is suffering from mental ill health their emotional adverse effect on the ability to carry wellbeing has been affected. If someone is showing out normal day to day activities. This signs and symptoms of mental distress at work, they could include something like sitting at may need support from their manager and the wider a computer business. Having open, honest and non-judgemental conversations is key. Managers often have a hard job in knowing how to start conversations, what to do if someone is struggling, and where boundaries lie.

The first point is around recognising that someone needs support. The more regular communication we have with our teams, the easier it is to stay on top of things and the faster we might notice a change. We don’t need to be doctors or counsellors to notice mental distress at work, there are lots of signs and symptoms that someone might be struggling.

Having better conversations Where – consider choosing a private, informal location for a first conversation. Perhaps go for a walk and to a coffee shop away from the workplace. Think about somewhere the person will feel comfortable. Meeting rooms can feel formal and may not be right for this type of conversation.

When – think about your timing. Don’t pick a time when the person has just arrived at work or is just about to leave and consider your own diary, making sure you pick a time when you have plenty of time and will be free from interruptions.

How – think about what you will say that will help someone open up and allow them to feel supported. Ask open questions and allow silences. Consider your body language and where appropriate mirror theirs. Ensure you show that you are engaged by nodding, using eye contact and summarising where needed. Remember this conversation is not about you and you must try to refrain from interrupting, turning the conversation onto you or others, and judging. Demonstrate empathy by remembering that this situation is individual to that person and try and see it through their eyes.

What – start by simply asking someone how they are, and what is going on tor them at the moment. Express your concern that they don’t seem to be themselves. Try not to be critical but where needed mention any things that have worried you.

Encourage them to open up with open questions, and show empathy with statements such as “That sounds really hard” “I can imagine that must have been difficult for you, please tell me more” or “How did that make you feel?”

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Why – there are many reasons why we want to support a team member in distress. Not only is it the right thing to do on a human level, it is better for the individual, the business and the overall culture. We have a duty of care to manage the physical and mental health of employee and to risk assess and mitigate against stressors at work.

Signs and symptoms of distress Stress: The feeling of being under too much mental or emotional pressure. Signs and symptoms include lack of motivation, weight loss or weight gain, sleep disturbance, procrastination, isolating oneself, irritability or agitation, feeling overwhelmed, nervous habits such as nail biting, low sex drive, skin conditions such as eczema, and constant worry.

Depression: Ranges from lasting feelings of sadness and hopelessness to losing interest in the things you used to enjoy, and feeling very tearful or anxious. People suffering with depression may lack motivation and self-esteem, or have feelings such as guilt.

Anxiety: A feeling of unease, such as worry or fear, that can be mild or severe. People suffering from anxiety may feel constantly on edge, have a feeling of impending doom and may struggle to concentrate.

CONSIDER: • • • • •

Body Language Seating Position Open Questions Allowing Silence Being Genuine

TRY NOT TO: • • • • •

Judge Someone Make Assumptions Impose your Opinion Try to fix everything Be Distracted

Boundaries We should always set expectations around confidentiality. As a manager, who has to manage the needs of individual team members, the wider team, performance and the business – it can be very hard to know how best to deal with mental distress at work. Managers may need advice from HR at an early stage and may need to consider reasonable adjustments or flexibility to help someone do their job. It is important that someone understands what confidentiality means and why you may need to talk to HR, for example.

If you are both a manager and a first aider for mental health, there may be a conflict in your boundaries. Consider this before you start a conversation.

What next?

HR, EAP and specialist support – When you are concerned about an employee, or an employee approaches you to talk about their own worries, it can be good to know where to signpost them for further, and often more specialist help.

Human Resources (HR) – The HR department has worker wellbeing at its core. HR professionals will be able to advise you on employment law, how to best help your employees who are suffering ill health, how to work through the sickness absence process, and how to protect employees and the business.

Employee Assistance Programmes (EAPs) – EAPs are there to help employees deal with personal problems that might adversely impact their job performance, health, and wellbeing. They can be a great source of support for people suffering from mental or physical ill-health.

Occupational health will help to ensure that someone is physically and mentally able to do their job.

They will help a manager and HR through the stress sickness absence process.

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BARBOUR: DIRECTOR’S BRIEFING GPs – If someone is struggling with mental or physical ill-health at work they may benefit from seeing their GP, who can recommend ways for them to manage their wellbeing.

Employment lawyers – If someone has gone onto long term sickness absence it may be advised to bring in specialist legal support. This may help resolve the situation for both the manager and the employee.

Fit notes, reasonable adjustments and return to work interviews If the conversation shows that the person is in mental distress and that there may be something the business can do to help, the organisation may consider making reasonable adjustments. If someone sees their GP he or she may sign them off for a period to rest and recover.

Reasonable adjustments – Reasonable adjustments are changes to enable a person to work more easily and give them the equal opportunities. Examples of reasonable adjustments for an employee with a mental ill health conditions could include changes in shift patterns, allowing time off for cognitive behavioural therapy, or a gradual return to work. Reasonable takes into account the time, cost and effort to make the changes, how practical the changes are the size of the organisation.

Fit notes – A fit note is a doctor’s statement of an employee’s fitness for work, which is designed to encourage employers, employees and doctors to work towards a more flexible approach at work, helping employees to return to work as soon as they are able.

Return to work interviews If someone is off sick with mental ill health, you may conduct a return to work interview when they come back into work. You should: • • • • • • •

welcome them back establish if they are fit for work explain any changes discuss any handover arrangements talk through reasonable adjustments agree a time for next catch up most of all – LISTEN.

Managerial responsibility Managers have a critical role in managing employee well-being and minimising issues. Once problems are identified, managers should be prepared to discuss related issues with employees, and seek to develop individual action plans where reasonable and appropriate. These plans should not be open-ended, but be time-limited and reviewed at agreed stages.

Whilst managers have day-to-day responsibility, managers are only likely to be successful at stress management in an organisation in which there is a caring culture. There should also be policies and procedures, which are respected and properly resourced to provide an effective and efficient contribution to the employee wellbeing.

It is important to familiarise yourself with these policies and procedures. At work you can also: • • • • • •

monitor and review workloads to ensure that they do not become excessive and that people are not overloaded manage poor performance and attendance effectively in order to prevent unnecessary pressures on colleagues ensure employees are provided with meaningful developmental opportunities monitor working hours and overtime to ensure that employees are not overworking and monitor holidays to ensure that employees are taking their full entitlement ensure that bullying and harassment is not tolerated within their jurisdiction encourage open discussion of ‘sources of pressure’ at team meetings and adopt an ‘open door’ policy.

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TESCO: S.T.A.R INITIATIVE The British Frozen Food Federation talks to Charles Fidler (People Safety Culture Manager) at Tesco about their workplace leadership and behavioural initiative We were recently asked by those in membership to find out more about the Tesco S.T.A.R (See, Think, Act and Review) initiative to influence leadership and behaviour in the workplace.

Simon Brentnall Head of Health and Safety at BFFF recently set up a Q&A session with Charles Fidler (people safety culture manager) at Tesco to find out more.

Q1 - How did Tesco identify that they needed to

introduce changes in safety culture / behavior?

A - Around 3.5 years ago Tesco started conversations

on safety and decided to use data in a better way, to re-visit accidents and drill down further down to causes with job roles categorised. We looked at whether company training had been followed and our group H&S were also completing some cultural assessments.

Q2 - How was buy in from senior management gained and was there any resistance?

A - We faced no resistance from management in terms of trying to reduce the risk of colleague

injuries, reduce lost time and reduce costs. Protecting our colleagues is top priority and we wanted to make sure we were approaching safety in the best way.

Q3 - How did Tesco come to choose / develop the STAR programme?

A - The distribution team first introduced a very basic form of the STAR programme with a see it, sort it approach for Fork Lift Truck operator behaviour. This reduced accidents by 33%.

Q4 - How was the STAR programme launched? Was there any phasing of it?

A - Originally launched in winter during a very busy time, stores received a toolkit with rewards

to give to colleagues once they had completed the e-learning. There was also a briefing note, a behaviour framework, posters, and stickers sent out to continue highlighting the importance of this launch.

Q5 - Were any external resources used?

A – We mostly used internal resource, but we used an external design house for the e-learning package.

Q6 - Was any training provided? How did this change for different audiences?

A - There was an office team who sent briefing documents to Managers, Areas Managers and Store Directors and then a regional team approach with communication calls. There was an e-learning solution that went to all retail colleagues to help them understand their roles and responsibilities when it comes to safety.

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Q7 - What key changes have been made to daily working life because of STAR?

A – There have been less accidents, as well as

the main success being people talking about and engaging with Health & Safety and really beginning to set their own safety culture in their stores.

Q8 - How is the programme maintained / kept at the forefront of people’s minds?

A - There has been no relaunch or refresh, but we

have been building upon what has already been done – for example, referencing STAR on safety related communications.

Q9 - Is the programme communicated to new starters?

A - Yes this forms part of our career learning pathway for new starters.

Q10 - How is the success of the STAR programme monitored or measured?

A – We are looking at the improvements in accident/incident data and that of monitoring colleagues.

Q11 - How are deviations / negative observations corrected?

A - The initiative works on the basis of taking personal responsibility for health & safety and acting

upon it, colleagues can follow the S.T.A.R. behaviours to help them make safer decisions and follow their training.

Q12 - Is safety culture / behaviour different now?

A - Yes, people are now talking about and engaging with Health & Safety, and it appears to be on everyone’s agenda so we have improved this dialogue.

Q13 - What changes to STAR have been made since the initial launch?

A - The initiative has been extended into Central Europe, Ireland, One Stop and Booker.

Q14 - Is there anything they would change if they did it again?

A - We would keep 75% of the initiative, with some changes into how it integrates into other Tesco initiatives such as the shopping trip (customer metrics).

Q15 - What aspects are Tesco most proud of?

A – The hard work the team has put into this. We are proud of every part that we’ve played in achieving our goal of everyone, every day, home safely.

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PRIMARY AUTHORITY SCHEME Did you know that as a member of the British Frozen Food Federation, you get FREE access to our Primary Authority scheme?

Primary Authority is a government-run scheme that helps protect businesses from unnecessary legal challenges. It helps to ensure businesses operating in the food sector are doing so safely and legally.

Primary Authority is an extension of the old ‘Home Authority’ principle where your local authority and your business worked together to ensure you were on the right side of the law.

The government has recognised that enforcement and interpretation of legal regulations were sometimes variable in its approach and that many businesses operate outside their own local area, so in 2009 they launched the Primary Authority scheme.

The vision for Primary Authority is to allow businesses to ‘trade with confidence’ throughout England.

Once you have Primary Authority advice signed off within a registered partnership, your operating practices can’t be challenged by any other enforcement authority.

How Can the BFFF Scheme Benefit Your Business?

•

We can facilitate access to a wealth of experience and understanding of the scheme.

•

Over 30 pieces of sector-wide advice – additional advice is driven by member requirements.

•

BFFF does all of the administration for setting up a scheme for you – just contact us and we will do the rest.

•

Trade with confidence – no unnecessary enforcement queries.

•

Can potentially save you money.

•

Free to join – as it’s free why wouldn’t you?

Full information on the project here https://lnkd.in/et34zWzE Already a member and not using this amazing FREE service? Please contact carlabrown@bfff. co.uk for further details.

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ENFORCEMENT Carlsberg Fined £3m Following 2016 Ammonia Gas Leak Carlsberg has been fined £3 million after a contractor died and another was seriously injured following an ammonia gas leak at one of its breweries.

The incident happened at Carlsberg’s site in Northampton. An investigation by the Health and Safety Executive (HSE) found Carlsberg hadn’t put proper controls in place.

Father-of-two David Chandler, 45, was killed and David Beak, now 57, was seriously injured.

David Chandler was a father of two, from Bridge North, Shropshire. His family today said they welcomed the end of the case against Carlsberg and hoped no other families would have to suffer as they have.

Birmingham Crown Court heard that at its Northampton brewery Carlsberg had failed to put in place appropriate isolation controls to prevent exposure to ammonia before work started to remove a compressor from a refrigeration system.

The Principal Contractor for the project was Crowley Carbon UK Ltd, which had appointed numerous contractors to assist in the works.

On 9 November 2016 while the compressor was being removed, there was a large, uncontrolled release of ammonia.

David Chandler and David Beak were both employees of sub-contractor Speedrite NE Ltd. Twenty people needed hospital checks after showing symptoms of ammonia exposure. It was several days before the leak was contained and gas levels dropped to a safe level. David Beak, of Failsworth in Oldham, was seriously injured.

Carlsberg Supply Company UK Ltd, who were summonsed under their new company name of Carlsberg Marston’s Brewing Company, pleaded guilty to charges under Section 2(1) and Section 3(1) of the Health and Safety at Work etc. Act 1974, and Regulation 3(1) of the Management of Health and Safety at Work Regulations 1999. The company was fined £3 million with costs of £90,000.

Mr Chandler’s family, in a statement, said: “We welcome the conclusion of the prosecution case against Carlsberg UK Supply Company Ltd following the death of David five and half years ago.

“As a family we will never fully accept the death of David in such tragic but preventable circumstances and the legal process involved has been emotionally exhausting as well as frustrating given the length of time which has lapsed since the accident.

“We are pleased that improvements have been made at Carlsberg’s site in Northampton which will hopefully ensure no other families suffer the anguish we have endured since November 2016 when the failings at the brewery resulted in the deadly release of ammonia gas which caused David’s death.

“David was a loving husband, adoring Daddy and much-loved brother and Uncle. We are devastated that his young family will not be able to share their lives with him as they grow. He was a larger-than-life character whose loss has left a massive void nothing can replace.

“There have already been so many special and precious moments which David has missed out on and the fact that there will continue to be some many more as his daughters grow into young ladies breaks all our hearts daily. He is missed every day, and our lives will not ever be the same without him.”

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HSE principal inspector Samantha Wells said: “Industry guidance on safe isolation of plant should have been followed. This would have ensured that a higher level of isolation was in place, for prevention of exposure to this highly toxic and flammable substance.

“Both the client, Carlsberg, and the Principal Contractor should have worked together to ensure that the risk was adequately managed. Not only Carlsberg had a duty here. There was also a very clear duty on the Principal Contractor.

“This underlines the dangers of not following industry guidance when working with toxic and flammable substances – HSE will take action against all who fail to ensure the safety of employees and others who may be exposed to danger.

“Projects involving multiple contractors require effective management arrangements, so it’s clear who is responsible for every part of the work and that safety checks are carried out before allowing work to start.”

HSE June 2022

Sea Food Processing Company Fined After Fatality Involving Forklift A sea food processing company has been fined after a worker died following injuries sustained when she was run over by a forklift.

Lerwick Sheriff Court heard on 31 January 2018, that Karen Allen’ an employee of QA Fish Ltd suffered significant leg injuries as a pedestrian, following a vehicular collision in Scalloway, Shetland.

A joint investigation by the Health and Safety Executive (HSE) and Police Scotland found that no site-specific workplace transport risk assessment had been carried out. The use of the forklift truck was critical for the function of the business and the company failed to provide suitable and sufficient control measures to ensure that pedestrians and vehicles could circulate in a safe manner in the exterior of the premises, particularly with regards to the forklift truck.

The company failed to implement effective arrangements for the management of health and safety and also failed to act on the advice of a health and safety consultant several years prior to the incident.

QA Fish Ltd of Blacksness Pier, Shetland have pleaded guilty to breaching Section 2(1) and Section 33(1)(a) of the Health and Safety at Work Act 1974 and have been fined £80,000, to be paid within 12 months.

Speaking after the case HSE inspector Connor Gibson said “The tragic outcome of this incident clearly highlights why dutyholders must ensure that vehicle and pedestrian movements at their work site are properly assessed and adequately controlled. This fatal incident could and should have been prevented via suitable and sufficient control measures segregating pedestrians from vehicle movements.”

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Goat Farming Company Fined After Fatality Yorkshire Dairy Goats has been fined for safety breaches after a farm worker was run over and fatally wounded.

Hull Crown Court heard that on 1 August 2018, 53-year-old Janet McDonald, an employee of Yorkshire Dairy Goats, was struck by a reversing telescopic materials handler vehicle (telehandler) whilst working at St Helen’s Farm in York. She was seriously injured and air-lifted to Hull Royal Infirmary where she died later that day.

An investigation by the Health and Safety Executive (HSE) found that when the employee had finished milking the goats, she walked through a corridor and stepped out into the path of the reversing telehandler. The driver was unable to see the worker so could not take action, and she was struck by the vehicle.

Yorkshire Dairy Goats of Seaton Ross, East Yorkshire pleaded guilty to breaching Section 2 (1) of the Health & Safety at Work etc Act 1974. The company has been fined £180,000 and ordered to pay £20,000 in costs.

Speaking after the hearing, HSE inspector Sarah Taylor said: “Pedestrians and vehicles need to be kept apart at all work sites and this includes agriculture.

“This incident could so easily have been avoided by simply segregating vehicles and pedestrians.”

Restaurant Fined Over Boy’s Hand Trapped In Mincer The director of a north-east London Turkish restaurant has been fined £70,000 after an eightyear-old boy’s hand was trapped in a mincing machine.

Waltham Forest Council took prosecution proceedings following a long investigation prompted by the incident in the Gokyuzu kitchen, which left the boy with life-changing injuries on 7 April 2019.

Environmental Health Officers visited Gokyuzu Walthamstow following notification of the accident and discovered an absence of any written risk assessments, training or other safety procedures.

Officers found that the in-built fixed guard to the mincing machine had been removed with a mechanical angle grinder, which caused the child’s injuries when his hand became trapped in the cutting mechanism in the restaurant’s kitchen.

At the hearing at Thames Magistrates’ Court, the director of Gokyuzu, Veysel Yavuz, pleaded guilty to one count of failing to ensure the safety of employees and one count of failing to ensure dangerous machinery had the required safety measures in place. A third charge of failing to control access to the kitchen was dropped.

Deputy leader of Waltham Forest Council, Clyde Loakes said: “This incident has left a young child with life-changing injuries – and all because Gokyuzu Walthamstow failed in their health and safety obligations by removing the safety guard from their mincing machine.

“This case and the punishment handed down should be a reminder to all businesses of their duties to customers, staff and visitors - we will prosecute those that fail in their duties.

“It is often forgotten that improvements in Health and Safety law and practice have saved many serious injuries and constant vigilance by those responsible is needed to ensure compliance.”

In total, Gokyuzu/Veysel Yavuz was fined £70,000 with costs of £16,557.27 awarded to the Council.

London Borough of Waltham Forest May 2022

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TRANSPORT HUB D.tec International welcomes government THINK! campaign launched to improve road safety for those most at risk.

People driving, walking and cycling are being encouraged to give space and be considerate to other road users in the Government’s latest THINK! road safety campaign launched 12 July 2022.

The ‘Travel Like You Know Them’ campaign will promote the recent changes to the Highway Code, which help improve road safety for people walking, cycling and horse riding.

The campaign offers a snapshot into the lives of people who use the roads, aiming to help people see beyond the mode of transport and improve understanding of how others see and use the road.

Travel Like You Know Them’ speaks to everyone who uses the road, with an emphasis on motorists and those who have a greater responsibility to reduce the risk they may pose to others, as per Highway Code’s new hierarchy of road users.

Ean Lewin, Managing Director for D.tec International, the UK’s leading provider of drug and alcohol testing services and equipment for safety critical employees, praised the initiative commenting; “The potential improvements from road safety initiatives such as this one coupled with educating motorists of the vulnerability of other road users are critical steps towards fewer road traffic collisions and saving lives”.

He added; “Motorists need to be in a fit state to be on the road. The government have other significant challenges such as those posed by drink and drug driving. Politicians must focus their efforts on these other challenges if they are to have the positive impact, we all aspire to”.

New Rules To Improve Road Safety And Enable Fully Driverless Vehicles In The Eu The new Vehicle General Safety Regulation started to apply from 6 July 2022. It introduces a range of mandatory advanced driver assistant systems to improve road safety and establishes the legal framework for the approval of automated and fully driverless vehicles in the EU. The new safety measures aim to help better protect passengers, pedestrians and cyclists across the EU, expectedly saving over 25,000 lives and avoid at least 140,000 serious injuries by 2038.

As the coming into force of the General Safety Regulation empowers the European Commission to complete the legal framework for automated and connected vehicles, the Commission says it will deliver this summer technical rules for the approval of fully driverless vehicles, making EU a pioneer in the field. These will help to increase public trust, boost innovation and improve the competitiveness of Europe’s car industry.

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General Safety Rules As of 6 July 2022, the new measures introducing safety features to assist the driver include: For all road vehicles (i.e. cars, vans, trucks and buses): intelligent speed assistance, reversing detection with camera or sensors, attention warning in case of driver drowsiness or distraction, event data recorders as well as an emergency stop signal.

For cars and vans: Additional features such as lane keeping systems and automated braking.

For buses and trucks: technologies for better recognising possible blind spots, warnings to prevent collisions with pedestrians or cyclists and tyre pressure monitoring systems.

The rules will first apply to new vehicle types from 6 July onwards and to all new vehicles from 7 July 2024. Some of the new measures will be expanded to cover different kinds of road vehicles until 2029.

Technical rules for automated cars Based on the General Safety Regulation the Commission is planning to adopt this summer technical rules for automated and connected vehicles, in particular focusing on automated vehicles replacing the driver on motorways (level 3 automation) and fully driverless vehicles like urban shuttles or robotaxis (level 4 automation). The new rules will align EU legislation with the new UN level rules on level 3 automation and adopt new EU technical legislation for fully driverless vehicles, the first international rules of its kind. The technical rules set out via a delegated and implementing act will establish a comprehensive assessment of safety and maturity of the fully automated vehicles before they are placed on the EU market. They will cover testing procedures, cybersecurity requirements, data recording rules as well as monitoring of safety performance and incident reporting requirements by manufacturers of fully driverless vehicles.

Background The Commission presented the revised General Safety Regulation in 2018. The rules addressed the need for improving vehicle and road safety, given that studies have shown human error is estimated to play a role in 95% of accidents. The European Parliament and EU Member States subsequently adopted the Regulation in November 2019. The Commission has since adopted a series of related implementing regulations covering the different driver assistant measures introduced by the Regulation.

July 2022

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GUIDANCE The Storage of Gas Cylinders Published by the British Compressed Gases Association (BCGA), this Code of Practice defines the principles of safe practice for the storage of gas cylinders and bundles. It promotes the use of an outdoor store, with good natural ventilation, in a secure location, which meets the required separation distances. It has been revised.

This document provides advice and guidance for the safe storage of gas cylinders. It gives guidance on the construction and management of gas cylinder stores and provides information on the hazards likely to be encountered.

It should be used when siting and constructing storage facilities or when reviewing the safety and suitability of existing storage facilities. It does not preclude the use of alternative designs, materials and methods, when they provide equivalent standards of safety. Where gas cylinders are stored in conjunction with other packaged dangerous substances additional guidance should be sought, for example, in HSE’s HSG 71, Chemical Warehousing. The Storage of Packaged Dangerous Substances.

Cylinders containing gases are classed as hazardous substances and consequently gas cylinder stores will require relevant land use permission and may require planning permission and other consents from local authorities.

All parties should ensure they have adequate insurance to cover their activities. All parties shall ensure that they use their gases and look after their gas cylinders and associated equipment in a safe and responsible way.

This Code of Practice is intended for use in conjunction with current guidance and information produced by the HSE and other related bodies and trade associations.

The document defines the principles of safe practice for the storage of gas cylinders and gas cylinder bundles and outlines the relevant legal requirements in the UK. Throughout this document any reference to a cylinder applies equally to the storage of bundles (of cylinders).

Gas cylinders should be stored, used and handled as if they are full of gas, says the document.

This Code of Practice is applicable to: •

The storage of cylinders whilst not in use.

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Cylinders connected (through the supply pipework) and in use as the gas source for a gas supply and distribution system. For example, refer to BCGA Code of Practice (CP) 4, Gas supply and distribution systems (excluding acetylene).

•

The storage of a mobile gas supply system, for example, an oxy-fuel gas welding set mounted on a trolley, whilst not in use. Each mobile gas supply system shall be stored in a dedicated space, ensuring each gas cylinder has the valve in the closed position.

The Code should be followed when storing gas cylinders and their associated gases regardless of their hazard categories which are located within a common store(s).

British Compressed Gases Association June 2022

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Work-related Fatal Injuries in Great Britain In 2021/22, 123 workers were killed in work-related accidents. That is according to the latest figures from the HSE. This report provides headline numbers on deaths resulting from a work-related accident in 2021/22 that were reportable under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) to any of the main enforcing authorities for health and safety at work. Numbers include both fatal injuries to workers and to members of the public. The counts for 2021/22 are currently provisional and will be finalised in July 2023 to take account of any necessary adjustments.

Headlines from the statistics include the following: Fatal injuries to workers by main industry (2021/22) Around a quarter of fatal injuries to workers in 2021/22 were in the Construction sector (30 deaths), with a further 18% in each of the Agriculture, forestry and fishing sector and the Manufacturing sector (22 deaths in each). This is a similar profile of deaths by industry as seen in previous years.

Fatal injuries to workers by age (2021/22) Around a quarter of the deaths in 2021/22 were to workers aged 60 and over (29), similar to the profile in earlier years.

Main kinds of fatal accidents for workers (2021/22) The most common kinds of fatal accidents to workers in 2021/22 continue as: •

Falls from a height.

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Struck by moving vehicle.

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Struck by moving, including flying/falling, object.

•

These accounted for over half of all fatal accidents to workers in 2021/22.

Rate of fatal injury per 100,000 workers Over the long-term, there has been a downward trend in the rate of fatal injuries to workers says the report, though in the recent years prior to the coronavirus pandemic, the rate had been broadly flat. In both 2020/21 and 2021/22 the rate remains broadly in line with pre-pandemic levels.

The public Eighty members of the public were also killed in 2021/22 as a result of a work-related accident (excluding deaths to ‘patients and service users’ in the healthcare and adult social care sectors in England).

HSE July 2022

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Asbestos-related Disease Statistics, Great Britain 2022 Inhalation of asbestos fibres can cause a number of serious diseases most of which affect the lungs or pleura (the external lining of the lung). These include a number of forms of cancer and chronic conditions such as asbestosis and pleural thickening. This document summarises the latest statistics on these diseases.

All of these diseases have a long latency, meaning it takes a long time – typically decades – for symptoms to occur following exposure to asbestos. However, for cancers such as mesothelioma and lung cancer, cases are often rapidly fatal following disease onset, while conditions such as asbestosis may progress over time to seriously affect normal daily activity and lead to complications which can be fatal.

Asbestos was used extensively in Great Britain in a wide range of products, but particularly in insulation and building materials, following World War II. Widespread asbestos exposures during the 1950s, 1960s and 1970s led to a large increase in asbestos-related disease in Great Britain.

According to this HSE report there are/were: •

Over 5,000 Asbestos-related disease deaths per year currently, including mesothelioma, lung cancer and asbestosis.

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2,544 Mesothelioma deaths in 2020, with a similar number of lung cancer deaths linked to past exposures to asbestos.

•

530 Deaths in 2020 mentioning asbestosis on the death certificate (excluding deaths that also mention mesothelioma).

HSE July 2022

Extreme heat: What are my rights at work?

Information issued by the HSE states that employers must make sure indoor workplaces remain at a reasonable temperature and manage the risk of working outdoors in hot environments.

The workplace regulator has shared guidance in light of the extreme warm weather predicted for Great Britain at the start of this week.

A heatwave warning is in place until Tuesday (19 July) so the HSE is reminding employers of their legal duty to ensure employees can work in reasonable temperatures in indoor workplaces. What is reasonable varies, and will depend upon the nature of the individual workplace.

There is no maximum temperature for workplaces, but the HSE advise that all workers are entitled to an environment where risks to their health and safety are properly controlled. Heat is classed as a hazard and comes with legal obligations like any other hazard.

Workers should also take care of their own health and safety and that of others who may be affected by their actions at work.

John Rowe, HSE’s Acting Head of Operational Strategy, said: “With a heatwave warning in place, its vital employers are aware of their responsibility to ensure their indoor workplaces are at a reasonable temperature.

“All workers have a right to a safe working environment and their employers should discuss working arrangements with them.

“If workers have specific queries or concerns relating to health and safety in their workplace, they should talk to their employer.”

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There’s no maximum temperature because workplaces with hot processes such as bakeries or foundries would not be able to comply with such a regulation. They use other measures to control the effects of temperature. These other measures should also be used to manage the risk of working outdoors in a hot environment.

Temperatures in the indoor workplace are covered by the Workplace (Health, Safety and Welfare) Regulations 1992.

In addition, the Management of Health and Safety at Work Regulations 1999 require employers to make a suitable assessment of the risks to the health and safety of their employees and take action where necessary and where reasonably practicable.

HSE July 2022

UPCOMING EVENTS The Frozen Food Business Conference 20th September Stratfor Manor Hotel Stratford Manor Hotel, Warwick Road CV37 0PY

With continuing issues within the supply chain, this years Frozen Food Business Conference aims to highlight and address industry key topics, issues and achievements through our lineup of key speakers.

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Frozen Food Annual Luncheon 2022 22nd November The Hilton on Park Lane 22 Park Lane, London, W1K 1BE

This is the biggest event in the BFFF calendar. This is a great opportunity to make new connections in the industry and the perfect occasion to take current suppliers and colleagues for a day out networking and eating, tickets are only available to members.

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Warwick House, Unit 7, Long Bennington Business Park, Main Road, Long Bennington, Newark, Notts, NG23 5JR 01400 283090