Year 23, Issue 4
29 October 2024
Health, Safety & Environment
Your easy to use, money-saving guide to staying on the right side of the law
RIDDOR
RIDDOR guidance updated - what’s new?
The HSE has updated its guidance regarding the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013. What do you need to know?
Why the update? Based on feedback gathered from stakeholders, the HSE has refreshed its guidance and online forms so it’s easier to both decide whether your incident is reportable and to complete a report.
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In this issue... RIDDOR guidance updated - what’s new?
1 Your office isn’t as safe as you think 2
fractures skull after fall from scissor lift 3 The importance of consistent health and safety terminology 4 HSE takes harsh line even though no accident 5 Does work experience involve a lot of paperwork?
6 Supermarkets leading the way in green measures? 7 Check your external fire escape(s) 8 Small business landed with £7k packaging fine 8
Main changes to the guidance. There are direct links to guidance on types of reportable incident to help you decide whether a report is required, improved guidance on what is meant by a “work-related” accident, information on when an occupational disease is not reportable and increased clarity on when an “over-seven-day” absence should be reported. Tip. If you are unsure as to whether your incident should be reported, the HSE provides some useful examples to help you decide. For a link, see The next step
Who should be reporting? There’s improved guidance on who should and should not report. Reports should only be submitted by the “responsible person” with duties under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR). This role is now clarified as: (1) employers; (2) some self-employed people; and (3) those in control of work premises. You should not report if you’re the injured party, a member of the public or don’t have duties under RIDDOR.
Changes to the forms. In a bid to make the forms easier to use questions about severity of injury have been frontloaded to help you quickly decide if your incident is reportable. Questions now include pop-up messages to redirect you if the incident is not reportable.
Is the HSE the correct enforcing authority? It’s important to make sure you are reporting incidents to the correct enforcing authority. The HSE is not the correct body to report an incident in an office but is if your workplace is a factory. Tip. For a link to the list of the type of workplaces the HSE and local authorities have responsibility for, see The next step.
The next step
For a link to example reportable incidents and the list of enforcement bodies, visit https://www.tips-and-advice.co.uk, code TAHS23DA04.
› The guidance has been made clearer on what should be reported under the regulations. It has also removed some ambiguity about who should be reporting, e.g. the responsible person and not the injured party.
Your office isn’t as safe as you think
While hazards in an office might not be as high risk as other working environments, accidents can still happen. What are the top five issues and what can you do to create a safer workplace for both staff and visitors?
Common office injuries
Slips, trips and falls, improper use of display screen equipment (DSE), manual handling, falls from height and electrical accidents top the list of common office injuries. Despite the seemingly innocuous nature of an office, overlooking office hazards can result in significant harm if not adequately managed. You bear the responsibility of identifying and reducing potential sources of harm, but your staff also have a part to play in understanding the risks and must comply with your control measures.
Preventing slips, trips and falls
Slips, trips and falls on the same level are the most common cause of major workplace injuries. According to the HSE they account for 40% of all non-fatal injuries. It estimates that 95% of these are serious incidents that result in broken bones, resulting in lost time of three days or more. Tip. Preventive measures should focus on maintaining clear and clutter-free spaces, routine cleaning, highlighting changes in floor levels, timely repair of any damage and providing adequate handrails.
Managing DSE risks
Employees working with DSE for extended periods require a well-organised workspace to avoid health issues like musculoskeletal disorders, eye strain and stress. Employers must conduct assessments, provide suitable equipment, offer training on correct usage and encourage periodic breaks to mitigate the risks and prevent ill health.
Tip. Use our DSE Workstation Assessment and new DSE Standing Desk Checklist (see The next step).
Manual handling risks
Activities such as lifting, carrying and moving loads manually can lead to sprains, strains and musculoskeletal injuries. To prevent them, employees should only handle loads they can safely manage, use manual handling aids and receive proper training on handling techniques. Whilst you may think that these hazards do not apply in an office, consider what could happen if archive boxes are moved, heavy deliveries are accepted, furniture is moved, etc.
Preventing falls from height
Falls from height, even in an office environment, can result in severe injuries. Employers should ensure that employees have access to appropriate equipment, e.g. stepladders, provide training on working safely at raised levels and maintain stairwells with functional handrails to avoid falls.
Mitigating electrical accidents
Electrical accidents pose a serious threat in office spaces, with just 50 volts capable of producing an electric shock. Preventive measures include maintaining electrical equipment, replacing faulty devices promptly, conducting regular equipment checks and educating employees on safe practices to prevent electrical accidents. Tip. Use our document, Office Inspection Checklist, to monitor the safety of the office environment and ensure that all control measures are in place and sufficient (see The next step).
The next step
For our DSE Workstation Assessment, DSE Standing Desk Checklist and Office Inspection Checklist, visit https://www.tips-and-advice.co.uk, code TAHS23DA04.
› Understanding the top five hazards associated with office work, such as slips, trips and falls, and taking steps to reduce the risk, e.g. keeping walkways clear, will cut the likelihood of an accident. Use our checklists to document your management of the risks.
Electrician fractures skull after fall from scissor lift
A worker was seriously injured after falling from an overturning scissor lift. What was the chain of events leading up to this accident and what should be put in place to prevent a similar occurrence at your site?
What happened?
The electrician, employed by Optilight Electrical Services Ltd (O), had been repairing light fittings at Expert Tooling and Automation Ltd’s (E) site in Coventry. The contractor was in the cage of a raised scissor lift approximately 35 feet high when a worker at E began to operate a nearby overhead crane. He did not notice the electrician in the scissor lift. The crane then collided with it, causing it to twist and hit nearby racking before landing on the factory floor.
The electrician came out of the cage while it was falling, hitting his head on the floor. He sustained a fractured skull, two brain bleeds, a broken collarbone, eight broken ribs, a broken elbow and wrist as well as a punctured lung. He was later placed in an induced coma and underwent several operations.
A second worker narrowly avoided being crushed by the scissor lift, jumping out of the way before it landed on the floor.
Unidentified risk
The HSE found that O had not identified the operation of overhead cranes as a risk to its employees that were working at E’s site. E had no procedures in place to prevent the use of overhead cranes while other works in the area were taking place. It had instead relied on contractors to identify risks, rather than ensuring control measures were already in place.
Both companies were also found to have not communicated to each other how the work they were undertaking could impact staff safety at the site.
At the ruling
E pleaded guilty to breaching s.3(1) Health and Safety at Work etc. Act 1974 (HSWA). It was fined £50,000 and ordered to pay costs of £1,985.97.
O pleaded guilty to breaching s.2(1) HSWA. It was fined £7,000 with costs of £1,985.97.
Controlling the risk
Mitigating mobile elevated work platform (MEWP) hazards, such as crush injuries and overturning, involves precautions, e.g. trained and competent staff, fall arrest systems and clear instructions to others working in the area. Tip. Part of your risk assessment should consider whether the operator should be attached to the MEWP by a harness. However, most operatives prefer to be unattached, so discuss the most practicable and safe method before works begin.
Sharing a workplace
When using MEWPs it is essential to avoid other equipment operating in the vicinity. E should have recognised the foreseeable risk of two types of equipment operating in the same area and put steps in place to ensure that they could not interfere with the safe operation of each other. Tip. A permit to work would identify that not only the equipment is suitable for the task, but also the surrounding area has been adequately prepared, e.g. barriers erected, to ensure that an accident doesn’t happen. For our Permit to Work - Work at Height, see The next step
The next step
For our Permit to Work - Work at Height, visit https:// www.tips-and-advice.co.uk, code TAHS23DA04.
› A failure to adequately prepare a safe working environment led to this serious accident. Use a permit to work to consider the equipment, job and surrounding area, to make sure that everyone operating in the vicinity is aware of work being undertaken at height.
The importance of consistent health and safety terminology
Using the right and consistent words and phrases is essential when developing your health and safety culture. Why is it so important and what steps can you take to get it right?
Getting your message across
Effective communication of your health and safety message is crucial in ensuring that all employees understand and adhere to the established protocols and procedures. Clear and consistent communication helps create a positive safety culture within the workplace, resulting in a sense of responsibility and accountability among employees. Furthermore, open communication channels encourage employees to voice their concerns, report hazards, and suggest improvements in both accident prevention and health and welfare, as well as potentially increasing productivity and output.
The right terminology
Clear and consistent terminology helps mitigate confusion, reduces the likelihood of accidents and promotes a culture of safety among employees. To get terminology right, you can take several steps:
• establish clear definitions for terms used to ensure everyone interprets them consistently
• train employees on health and safety terminology, emphasising key terms, their meanings and practical applications in the workplace
• avoid jargon and complex terms when communicating health and safety information to make it easily understandable for all employees
• encourage feedback to identify any confusion or misunderstandings and adjust if necessary
• review and update terms to align with industry standards and organisational changes.
If you get it wrong
However, if you haven’t laid the groundwork for your terms and phrases, confusion can be caused in various contexts due to several reasons. Firstly, when terms have multiple meanings or interpretations, individuals may misunderstand the
intended message. The resulting miscommunication between workers, supervisors and safety officials can potentially cause errors, delays and safety gaps that could lead to accidents.
Too technical. If terminology is too technical or industry-specific, terms that are unfamiliar to individuals can be difficult to comprehend, especially without adequate explanation or context. Inconsistent use of terms can create confusion and hinder communication and vague or poorly defined terms can result in lack of clarity causing misinterpretation.
Tip. If your organisation encompasses diverse cultural backgrounds, it is important to ensure that the terminology used does not conflict, as it might hold varying interpretations in different cultural or regional settings. In such instances, try to minimise the use of language and instead use pictograms and prominently displayed signage to effectively convey messages across various cultural boundaries within your workforce.
Tip. Whilst legal compliance may not always be on the forefront of your workers’ minds, if they do not fully grasp safety-related terms or requirements due to incorrect terminology, they might fail to comply with safety protocols, leading to hazardous situations, which could result in fines.
Three letter acronyms
Acronyms can often lead to confusion and ambiguity due to multiple interpretations. Whilst you may be familiar with the terminology, many may not understand what you’re talking about, e.g. TIR (total incident rate) may not be known by your workforce - number of accidents is more recognisable. Tip. Make it clear to your staff what the acronym stands for to avoid confusion.
› Recognise factors that contribute to misunderstandings, such as technical terms and jargon. Address them by clarifying definitions, providing explanations and using plain language to reduce confusion and contribute to a safe and compliant work environment.
HSE takes harsh line even though no accident
An engineering firm has been fined for failing to ensure the health, safety and welfare of its employees, even though no accident had occurred. Why did the HSE prosecute, and what can you learn from this firm’s mistakes?
An inspector calls
Hispec Motorsport Ltd (H), an engineering firm based in Kent, had been visited four times by inspectors from the HSE between February 2017 and July 2023.
A catalogue of failings
The subsequent investigation at H’s premises, which is a specialist producer of aftermarket brake upgrades for road, race, track and kit cars, found that it had failed to maintain work equipment. Staff were seen operating computer numerical control machines with safety panels removed allowing access to dangerous moving parts and high voltage. Acids were also being incorrectly stored at a high level.
In addition, H had done little to prevent employees from being exposed to water-mix metalworking fluid mist, a known cause of occupational asthma and occupational hypersensitivity pneumonitis. It had also failed to comply with four improvement notices.
Fines issued
H pleaded guilty to breaching s.2(1) Health and Safety at Work etc. Act 1974. It was fined £6,500 and ordered to pay costs of £7,378 and a victim surcharge of £2,000.
After the hearing, the HSE commented: “Our inspections identified multiple failings by this company to manage key risks associated with work undertaken in the engineering industry. Numerous interventions by our inspectors revealed a consistent failure to meet the minimum legal standards. This prosecution demonstrates that
we will not wait for an injury or ill health to occur before prosecuting.”
Learning from mistakes
Persistent disregard for HSE enforcement notices can lead to stiffer penalties, creating financial and legal problems for those involved. Additionally, non-compliance jeopardises the safety and wellbeing of workers, potentially leading to further workplace incidents, injuries or fatalities. It is crucial to take enforcement notices seriously and promptly address the identified health and safety concerns to ensure a safe working environment and avoid legal repercussions.
Tip. If you have had a visit from an inspector, it’s a good idea to write some notes straightaway before you forget the key points. Use our Record Form for Inspections to assist you (see The next step).
Tip. It’s also advisable to respond to the points raised on an improvement notice and detail all the actions completed, along with supporting documentation, e.g. inspection checklists, training certificates, etc. It’s likely that this would be enough to prevent the situation escalating and a prosecution being brought against you. For our Action Report Letter, see The next step.
Tip. Exposure to metalworking fluids can cause harm to lungs and skin through inhalation or direct contact with unprotected skin, particularly the hands, forearms and face. For further information and a safety briefing see our previous article (yr.21, iss.22, pg.3, see The next step).
The next step
For our Record Form for Inspections, Action Report Letter and the previous article, visit https://www. tips-and-advice.co.uk, code TAHS23DA04.
› Persistent failures, such as not looking after work equipment adequately and exposing workers to high voltage electricity, along with not complying with enforcement notices landed an engineering company in court. Avoid the same issues by documenting any visits from the HSE and promptly responding to its concerns.
Does work experience involve a lot of paperwork?
You’re considering hosting a work experience student but are concerned that you’ll need to submit many risk assessments and policies to satisfy the placement organiser. What does the HSE’s latest guidance say about this?
The impact of risk aversion
At one time most school children had the opportunity to take advantage of interesting hands-on work experience before they left formal education. But over the years, as accidents, prosecutions and claims hit the headlines, host employers became less willing to take on young people for a week or two. Those organising the experiences also became cautious and demanded copies of policies and risk assessments to place on file in case they ever had to prove that they had “done their checks”. The result has been a lack of opportunities for young adults as well as wasted time in churning out paperwork which isn’t needed.
In an attempt to deal with this, the HSE has revamped its guidance (see The next step). It wants employers and work experience organisers to redirect their efforts away from the paper trail and into the actual and necessary control of risks which affect young people in the workplace. After all, there are still cases of young and vulnerable workers being badly injured in unsafe workplaces or due to a lack of supervision and training.
Do you need a specific assessment?
It’s become the norm for a prospective host employer to be asked for a risk assessment covering the specific week or two of work. But essentially this request is over the top. It ignores the fact that the work will take place in an environment where safety procedures should already be established.
Tip. Just as you would for any new worker, you must review risk assessments and safety procedures in light of a new appointment, but this may not require any actual changes to how you do
things or what is documented.
The HSE’s guidance says that your current documents might well be sufficient if they were written with young workers in mind. It says: “If you have employed a young person on work experience in the last few years, don’t repeat your risk assessment if the new student has a similar level of maturity and understanding, with no particular or additional needs.”
Tip. A young person is likely to be less knowledgeable, risk aware or experienced than existing staff. Ensure this is taken into account in your risk assessments alongside any specific factors such as the individual’s physical and psychological capacity. Ask for this personal information in advance from the organiser or parent. Warning. Whilst it won’t always be needed, there will be times when a new risk assessment for the work experience placement is warranted, e.g. for higher risk tasks or where the situation is unique relative to your normal operations.
The role of the organiser
Tip. When dealing with a work experience organiser, explain the significant risks, the precautions to be used and the induction, training and supervision you have planned. Tip. If particular clothing or personal protective equipment is needed, discuss this with the organiser in advance to ensure it’s made available. Tip. If demands for paperwork seem over the top, refer the party requesting it to the HSE’s guidance (see The next step).
The next step
For a link to the HSE’s revamped guidance on young people, visit https://www.tips-and-advice.co.uk, code TAHS23DA04.
› The HSE’s guidance takes a light touch approach, suggesting that you should review your risk assessments if they don’t cover the needs of young workers. The organiser should focus on the risks and what you are doing about them rather than the documents. If they ask for too much, gently point them towards this guidance.
Supermarkets leading the way in green measures?
Morrisons has made a number of major changes across its stores in a bid to be more environmentally friendly and save on costs. What has it put in place, what are other supermarkets doing and can you apply this to your business?
Raising temperatures
Morrisons has increased the temperature of its freezers from -18°C to -15°C across ten stores as part of a trial to reduce energy use. The chain said the carbon savings it will make by upping the temperature of its freezers will help it achieve net zero by 2035.
Changing times
One of the reasons for the decision is that the standard temperature for the storage and transport of frozen food today is a hangover from the conventions of nearly 100 years ago. Modern technology, including more efficient freezers and monitoring, means that it’s safe to make some small changes while ensuring that the temperature of frozen food remains safe.
Small changes, big impact
The chain also scrapped use-by dates on 90% of its own brand milk in early 2022 in a bid to reduce food waste. Marks & Spencer has followed suit and a number of other supermarkets have ditched coloured milk bottle lids in a bid to reduce plastic wastage and help the environment.
Reducing packaging waste
In January 2024 Sainsbury’s announced it would be ditching plastic punnets across three of its mushroom products. It came after the retailer switched the packaging on all of its own-brand toilet and kitchen rolls from plastic to paper in September 2023. It has previously removed plastic trays from its tomatoes and asparagus.
The plastic bag effect
The main retailers sold 226 million single-use plastic carrier bags in England in 2019 to 2020, compared with 549 million in 2018 to 2019. This is a decrease of 322 million bags (59%). Seeing the success of this initiative shows that small changes can make a big difference.
Applying the principles
You can make a meaningful impact on sustainability and reduce your environmental footprint by adopting eco-friendly solutions inspired by supermarkets. Drawing inspiration from larger retail practices, you can incorporate innovative strategies to implement environmentally conscious choices across your operations.
Tip. Even if you do not operate freezers or produce packaging, there are still some small changes you can make that will have a big impact. For example, you could turn down air pressure on compressed air systems, reduce the thermostat by one degree, power down all non-essential equipment, etc.
Tip. Embracing minimalist packaging designs can enhance sustainability efforts. By reducing excess packaging layers and utilising materials efficiently, you can lower waste generation and shipping costs while providing customers with eco-friendly alternatives. Working with your suppliers to source sustainable packaging options can mean a more suitable alternative for your business needs.
Tip. You can leverage consumer awareness and demand for green products to your advantage by promoting sustainable packaging initiatives. If you’re claiming eco-friendly products you need to be able to back this up to avoid greenwashing.
› Morrisons is trialling changing the temperature of its freezers to reduce energy consumption and save money. A seemingly small alteration like this can lead to a significant, positive environmental impact and may reduce your costs, paving the way for other changes such as reduced packaging, something Sainsbury’s is promoting.
Check your external fire escape(s)
Emergency evacuation. In case of a fire emergency on your premises, a prompt and secure evacuation is crucial to protect both property and lives. Without properly maintained and cleaned fire exits, including fire escape stairs, the risk to you and your employees escalates significantly.
Good condition. External metal fire escape stairways can deteriorate to a dangerous state if left unchecked. They are often out of sight at the rear of the building and used only occasionally during fire drills. As a result they can rust to the point where restoration becomes impossible or very expensive. To ensure that yours don’t suffer the same fate, use our External Metal Fire Escape Checksheet (see The next step).
Keep ‘em clean. As well as identifying if there are any rust issues, it’s also important to keep them clean and free from debris. Tip. Pressure wash all exit routes and ensure that they are totally free of any contamination.
The next step
For our External Metal Fire Escape Checksheet, visit https://www.tips-andadvice.co.uk, code TAHS23DA04.
› Check your external fire stairs for structural soundness and general safety of the escape route at least once a year. Make use of the opportunities to thoroughly clean and make good any repairs.
ENVIRONMENT
Small business landed with £7k packaging fine
Rules. Under the Producer Responsibility Obligations (Packaging Waste) Regulations 2007, companies with a turnover above £2m and handling more than 50 tonnes of packaging per year, must register with an accredited compliance scheme, and recover and recycle packaging waste.
What happened? A family run business selling perfumes has paid £7,000 to a charity after it failed to register the packaging waste it produced over a four-year period. The Orange Square Company Ltd (O) also missed more than £7,000 in payments to the scheme.
Softer touch? To avoid prosecution, O made a voluntary offer, known as an enforcement undertaking. This is when a company that has fallen foul of environmental obligations makes a donation to charity, puts right the effects of the offence and makes sure it won’t happen again. O donated to Surrey Wildlife Trust to improve habitats and reduce the risk of wildfires. It has also signed up to a packaging compliance scheme. Trap. The EA may not accept the offer being made. Tip. Seek legal advice to help you calculate the donation accurately, and in the communications with the chosen charity, including details of how any monies will be spent.
› Minor environmental offences, like a packaging reporting infringement, can result in an enforcement undertaking rather than prosecution. It’s still a costly affair so check that you are reporting what you need to.
Editor-in-Chief:
Rachel Wildman DipNEBOSH, CertIOSH
Contributing Editors:
Claire Rizos CMIOSH
Amy Blowers BA ARCH, TECHIOSH
Alex Burbidge CMIOSH
David Burrows
Nikki Ladell CMIOSH
Alison Persson RGN, OHND
Christopher Pope CMIOSH
Katherine Simpson
Oliver Whitefield CMIOSH
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