IOSH Magazine - Mar/Apr 2024

THE CHANGING WORLD OF WORK

As HSWA reaches its half century, how will the future affect OSH?

IOSH-approved courses

Environment

Managing

Managing Safely

Managing

Safety

Safety

Working Safely

IEMA-approved

EDITOR

Joanne Perry joanne.perry@ioshmagazine.com

DEPUTY EDITOR

Alex Lacey

CONTENT SUB-EDITORS

James Hundleby, Amy Beveridge

DIGITAL EDITOR

Kellie Williams kellie.williams@ioshmagazine.com

DESIGNER

Craig Bowyer PICTURERESEARCHER

Claire Echavarry ADVERTISING

Display sales +44 (0) 20 7880 7613 ioshdisplay@redactive.co.uk

Recruitment sales +44 (0) 20 7880 7662 ioshjobs@redactive.co.uk PRODUCTION

Rachel Young +44 (0) 20 7880 6209 rachel.young@redactive.co.uk

Aaron Nicholls

Redactive

Time to be proactive, not reactive

Alot has changed over the past half-century. There have been major social and cultural changes, advances in equality and, more recently, a big shift in the way we work.

One incredibly positive change in the UK and many other countries has been the vast improvements in workplace safety and health standards. In the UK in particular, a driving force behind this has been the Health and Safety at Work Act (HSWA), implemented in 1974. This is covered in detail in this issue, but you only have to look at the decline in fatalities caused by accidents at work to see the huge impact of the HSWA and secondary legislation. It has also been used by other countries to guide their own legislation.

Of course, while it’s important to recognise the advances that have been made, it’s crucial that we look forward and consider how we can continue to enhance how people are looked after at work. It’s key that we seek to be more proactive.

The UK, for example, has often been very reactionary in bringing in legislation – the HSWA was a reaction to the Aberfan disaster a few years earlier, for instance.

We know that the world of work is changing at pace, driven by new technologies and other global developments, and this is introducing

THERE ARE BUSINESSES OUT THERE THAT JUST SEEK TO MEET MINIMUM COMPLIANCE WITH OSH

new OSH risks. Governments, policymakers, businesses and professionals need to get ahead of the curve and seek to ensure these risks are well managed and people are protected at work.

Unfortunately, we often read and hear talk of removing red tape and allowing businesses to have more freedom in relation to OSH. This was often used in reference to the Retained EU Law (REUL) Act, which passed through Parliament last year. Those who are using this language are misinterpreting what OSH is about; OSH is about people and ensuring everyone is going home safe and well after work every day, everywhere.

While OSH legislation was removed from the REUL as it moved into law, there is still a possibility that this Act could be used to withdraw it at any moment – something that would severely weaken OSH standards. There are businesses out there that just seek to meet minimum compliance with OSH, so removal of certain requirements will mean more people will be at risk.

It’s 50 years since 1974, and the thought of people dying because of poor OSH standards should be abhorrent to everyone. So let’s look ahead and seek to ensure that in 2074 we can look back on more significant advances in OSH.

Kelly Nicoll IOSH PRESIDENT-ELECT

SAFE IN THE

40HOW TO...

44ASBESTOS

50LEGAL

54DRONES

24

50

THE EVIDENCE

7OROUNDUP Research wrap-up

50

62

66

The latest research and reports

72DEEP DIVE Research: in depth

A closer look at two new studies

THE LAST WORD

74 PROOF POSITIVE All fired up How one IOSH member supports others to train as firefighters

58

KNOWLEDGE

THINGS YOU NEED TO KNOW THIS ISSUE

‘The amount of evidence, both oral and documentary, that the inquiry has collected makes the drafting of the report a very timeconsuming task’

GRENFELL TOWER INQUIRY PANEL

1. FIRE SAFETY

Grenfell Tower inquiry’s final report publication is delayed again

The final report into what caused the fire that killed 72 residents at Grenfell Tower in west London in June 2017 has been further delayed and is not expected to be published before April 2024.

In a statement published last month updating the public on the progress of the final report, the Grenfell Tower inquiry panel said the long-awaited publication

had been pushed back again to reflect the ‘timeconsuming’ process of notifying all parties that are likely to be criticised in its findings.

There is even a possibility that publication might not be until summer 2024 after the fire’s seventh anniversary.

More details at ioshmagazine.com/ grenfell-delay

2. STATISTICS

Workers with poor mental health take more risks

The annual statistics on work-related ill health and workplace injuries in the UK paint only a partial picture of the wider impact of mental health, a GB Health and Safety Executive (HSE) report has revealed.

Analysis by IOSH magazine found that poor mental health might have contributed to some of the 60,645 work-related injuries collated under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR), and included in the HSE’s summary statistics for Great Britain in 2023.

The HSE’s annual statistics show that 1.8 million workers reported that they were suffering from work-related ill health in 2022/23.

Of this figure, roughly half (an estimated 875,000) cited work-related stress, depression or anxiety. This prevalence rate of 2,590 per 100,000 workers is not statistically different compared with the previous year, the HSE reports.

However, it adds that the rate of selfreported work-related stress, depression or anxiety had shown signs of increasing and the current rate is higher than the 2018/19 pre-coronavirus level.

The HSE’s summary statistics showed that 338,000 workers suffered from a new case of work-related stress, depression or anxiety in 2022/23, an incidence rate of 1,000 per 100,000 workers.

In total, it is estimated that 17.1 million working days were lost because of workrelated stress, depression or anxiety during this same period, which accounts for 54% of all days lost, according to the Labour Force Survey.

Read the full analysis at ioshmagazine. com/hse-stats-2023 and watch our webinar in which experts analyse the stats at ioshmagazine.com/eco-hse

Your online partner in effective chemical management

Keep your business COSHH compliant and guarantee a safe working environment.

Why Toxic?

• Sensibly priced modular system – pay for what you need.

• Consolidates all your chemical data in one centralised platform.

• Simplifies compliance processes, helping avoid penalties and fines.

• Provides real-time visibility and control over chemical inventory levels, reducing waste.

Discover more speak to one of our consultants to find out how we can work together.

3. EDUCATION

Headteacher’s suicide prompts calls to improve coroners’ reports

Many will have been concerned by the recent suicide of headteacher Ruth Perry following an Ofsted inspection. According to media reports, coroner inquests into the suicides of several teachers since 1998 suggested that they also took their own lives before or after inspections.

To improve the process, the UK Parliament Justice Committee recently held a consultation seeking evidence on the Coroner Service and Prevention of Future Deaths (PFD) reports.

The committee will present its findings and recommendations on specific areas, including whether more can be done to make best use of the Coroner Service’s role in learning lessons and preventing future deaths. IOSH magazine will report on the findings in due course.

4. ARTIFICIAL INTELLIGENCE

New European AI Act ‘seeks a level playing field’

Landmark rules for a European Artificial Intelligence (AI) Act have been provisionally agreed, following consultation, and will seek a level playing field that respects fundamental rights, including OSH.

The proposed new governance arrangements will cover enforcement at EU-level, through an AI Office (advised by a scientific panel of independent experts) and coordination through an AI board of member states’ representatives (with technical expertise from a stakeholder advisory forum).

More information at ioshmagazine.com/european-ai-act

OSH futures explored in new report

IOSH has partnered with Arup, a future-focused global collective of designers, consultants and experts dedicated to sustainable development, to publish a new horizon-scanning report.

The study explores diverse trends and developments affecting our work futures, redefined employment models and working patterns, and sustainable business, as well as changing needs and new expectations of workers.

Future risks are discussed, as well as challenges and opportunities for health, safety and wellbeing, such as physical worker health and the use of health monitoring, personalised metrics and data to improve outcomes for workers and their employers.

The report also forecasts the evolution of the OSH profession, including application of systems thinking, likely impacts of technologies including AI, perspectives on regulations and standards and future skills requirements.

IOSH joins Global Coalition for Social Justice

IOSH is delighted to have been invited to join a new Global Coalition for Social Justice convened by the International Labour Organization (ILO). Together, its members, including governments, employers’ and workers’ organisations, United Nations (UN) system agencies and international NGOs aim to accelerate progress towards the 2030 Agenda, Sustainable Development Goals and the Decent Work Agenda.

Marijana Živković Mtegha, IOSH strategic engagement manager, said: ‘At IOSH, we believe in collective action to address global issues and achieve equitable and sustainable outcomes for people and the planet. Our decision to join the Global Coalition and lend our support and leadership in matters related to OSH aligns with our overall vision of a safe and healthy world of work.

‘This builds on our strong relationship with the ILO as a member of its special list of international NGOs since 2006, and our partnership agreement in 2021, and on our special consultative status with the UN Economic and Social Council obtained in 2023.’

We will update more on the Global Coalition as its work develops.

Join us at our upcoming events

IOSH is partnering two major events in March and April, both expos, taking place at the NEC in Birmingham, UK.

Health and Wellbeing at Work, 12-13 March 2024, is aimed more at professionals whose focus is occupational health and wellbeing. You’ll meet IOSH staff, Presidential Team representatives and other members, and you’re entitled to a discounted rate when you book.

healthwellbeingwork.co.uk/conferences

The Health and Safety Event, 30 April-2 May 2024. IOSH will have the Keynote Theatre for all three days and a large IOSH presence with staff on hand to give you help and advice, members of the Presidential Team and other volunteers. healthandsafetyevent.com

PHOTOGRAPHY: SHUTTERSTOCK

Inside the reports

Bridget Leathley CFIOSH explores recent OSH developments to reveal the takeaways and challenges for practice.

UNMANNED AERIAL VEHICLES

RISKS GO BEYOND PHYSICAL CONTACT

Often referred to inaccurately as ‘drones’, unmanned aerial vehicles (UAVs) are described in this EU-OSHA report rather more attractively as ‘robots that can fly’.

Drones are one class of UAV and, although this report describes different types of UAVs, the interesting aspects for us as OSH professionals are what UAVs can do to reduce risk and what additional hazards they create.

With the cost of UAVs diminishing, previously impractical or uneconomic solutions are becoming widespread, with examples scattered through the report. Routine tasks include visual inspections of power lines, wind turbines, pipelines and buildings during construction or for maintenance, and surveillance of wildlife, people and traffic. Emergency uses are suggested, such as obtaining real-time information following earthquakes, wildfires or floods. Some UAVs can carry a load or equipment, so they could be used in agriculture for precision application of pesticides and to make deliveries. While there have been demonstrations of UAV deliveries by the likes of Amazon for some time, this

report suggests handling parts inside a manufacturing workplace or delivering customers’ orders to restaurant tables.

Challenges

While the most obvious hazard is physical contact between people and UAVs, the authors suggest another category of injury resulting from the ‘invasion of a personal space’. I was disappointed that no examples are given. Later in the report the term ‘proxemics’ is used, so my assumption is that this would include someone falling from a ladder because the proximity of a UAV causes them to lose their

grip or their balance. Or imagine a UAV passing at eye level in front of your car windscreen as you drive along a road. Psychologists have long studied human proxemics and will now need to provide advice on how close ground and flying robots can get to us before we feel uncomfortable.

Another aspect is the mental health impact on people when they see UAVs, even at some distance from their personal space. Working in a factory or restaurant with UAVs buzzing above your head constantly could take time to get used to, and a single ‘slip’ could increase anxiety.

Takeaways

For such an interesting topic, repetition, poor structure and awkward phrases make the report a challenge to read. If you’re considering using UAVs to reduce the need for work at height or to enhance your ability to monitor buildings or infrastructure, read Recommendations to stakeholders first. Whether contracting someone to look at your roofs as a one-off or considering a major investment in a UAV fleet, your risk assessments need to look not just at the harm that could occur if a UAV comes into physical contact with someone, but the problems caused by working near UAVs. UAV pilots must be competent, but workforces will also need training on how to work with UAVs around.

To read the original report, see bit.ly/EU-OSHA-UAVs. For more information about UAVs, see page 54.

Bridget Leathley is a freelance health and safety consultant and a health and safety trainer.

PHOTOGRAPHY: ISTOCK ALAMY

MODERN SLAVERY SIGNS OF EXPLOITATION MUST BE RECOGNISED

Unseen is a UK-wide charity that runs a modern slavery and exploitation helpline. It works to provide support for survivors of modern slavery, to educate and to influence government-level change. The helpline receives reports via the phone, a web form and an app.

The analysis of helpline reports for 2022 showed that the care sector (including residential care, nursing homes, day care, home care and hospices) had moved into second place in the league table of both cases and potential victims.

In this report, Unseen focuses on trends in the care sector. The report distinguishes between numbers of cases and numbers of potential victims, as each case of a rogue employer can impact many workers. The helpline receives information about labour abuse and poor treatment of staff, such as paying below the minimum wage, but the analysis focuses on the highest severity of modern slavery labour exploitation.

Challenges

The report paints a bleak picture. Although still second

place to the service industry, the meteoric rise in reports from people in the care sector raises concerns. With an increasingly elderly population, the number of roles needed in social care has increased. After Brexit, the number of EU workers has reduced. Without the budget to recruit and retain UK staff, this has resulted in an increase in recruitment from outside the UK and EU. It is these recruits who are most likely to suffer from labour exploitation.

In 2017, there were seven reports of modern slavery in the care sector, representing less than 1% of the total number of cases reported across all sectors. By 2021, there were 15 reported cases. But in 2022, there were 106 cases of modern slavery reported in the care sector, representing over 700 potential victims. The figures for last year indicate that this upwards trend will continue.

Case studies in the report bring some humanity to the figures, but all ended unsatisfactorily with phrases such as ‘referred to the police’ or ‘resulted in an investigation’. I was left wondering whether justice had been done.

Takeaways

At a personal level, if you’re in the complex situation of seeking care for a family member, this raises another set of criteria when assessing candidate care providers.

More broadly, in every sector we should be examining our supply chains for modern slavery – for example, when using agency staff for cleaning, construction, catering or farming. A self-assessment survey on Unseen’s website is a useful starting point.

Learning to recognise the

signs of labour exploitation should be essential training for all managers. And all workers, whether from the UK or abroad, should be told their rights to pay and to safe and healthy work.

To read the original report, see bit.ly/ Unseen-2022

Outside the UK, see the international organisation antislavery.org

Helpline: 08000 121 700 or via website at modernslaveryhelpline.org

Asnake may not seem the most desirable association for any industry, but Thuthula Balfour, head of health at the Minerals Council South Africa, sees the upside. She says the image painted by then health minister Aaron Motsoaledi of a diseasespreading snake with its head in the country’s mines and its tail winding across southern Africa pushed the mining industry to improve its incidence rates of TB and other illnesses. ‘Yes, we were called a snake, but actually I think it worked: we had to redouble our efforts,’ she says.

Thuthula, a qualified doctor and public health expert, entered the mining industry in 2008 when she took up her position at the Minerals Council, an employers’ advocacy organisation that has existed in various forms since 1887. Today, the Council has 75 members, representing 90% of South African mineral production by value.

In 2008, TB was the biggest disease challenge, Thuthula explains. ‘In mining, TB is an occupational disease. In South Africa at that time TB was also being driven by HIV –it continues to be like that – but in mining we do not differentiate.’ Like silicosis and coal worker’s pneumoconiosis, in some cases TB can be caused by dust exposure.

‘There are not many countries that have TB as an occupational disease. But gold mining in South Africa is very old [it began in the 1800s], so very early in the 1900s it was realised that there was a problem with people working in gold mines – they were developing silicosis and TB – so these were declared compensable diseases early on.’

It is a particular problem in South Africa, she explains, because of its terrain. ‘In Australia and other countries you’ve got a big deposit and you can very easily mechanise. Our gold is running in narrow reefs through rock and the need for manual extraction is far greater. Of course, once you introduce people, the challenges start.’

Whether measured by health conditions or accidents, the risks to mine workers in South Africa are greater than average, and over the years the country’s industry has struggled

Scotching the snake

Thuthula Balfour provides some nuggets on how South Africa’s mining industry has achieved a dramatic drop in occupational diseases – and what more can be done.

INTERVIEW KELLIE WILLIAMS WORDS JOANNE PERRY

with high rates of TB, silicosis, coal workers’ pneumoconiosis and noise-induced hearing loss. However, a health and safety drive over recent decades has brought about substantial improvements.

Focusing on numbers

According to Thuthula, target-setting has been a key factor in reducing the incidence rates, particularly for TB. ‘It’s the best thing we have done, because you do find that over time people strive to reach those targets.’ This approach works especially well with the engineers and CEOs of the mining industry, who, she says, are ‘numbers people, not into fluffy things’.

Through the Mine Health and Safety Council (MHSC), a tripartite organisation, 10-year targets were implemented from 2003 and have led to good results. ‘When we set new targets in 2014, for TB we said, let’s be at or below the South African TB incidence,’ says Thuthula. She reports that this target was achieved in 2017 and that TB incidence among miners is now about half the national rate.

In 2014, the MHSC also adopted a new target for silica dust of, by 2024, 95% of all exposures being at or below 0.05mg/m3 – half the occupational exposure limit.

Thuthula reports that in 2015, 16% of samples exceeded the limit but by 2022 the proportion had dropped to 6.5%. She believes the 5% target is achievable. Excessive coal dust exposure has also been cut from 15% to 8%, although she thinks the 5% target for coal is unlikely to be reached.

Overall, exposures are ‘markedly down’, she says, and this will impact disease rates. However, it will take some time for the impact to be felt since diseases such as silicosis can take as long as 20 years to manifest.

Nonetheless, Thuthula says silicosis rates among South Africa’s miners have already dropped by more than 80% over the past 15 years and the total disease rate is down by 78%. However, she describes the silicosis and pneumoconiosis numbers as ‘still not great’. Around 200 silicosis cases are reported each year (see Mining in numbers, opposite, for more figures).

Noise-induced hearing loss remains a considerable concern, says Thuthula, despite a decline of 55% over the past 15 years. ‘We actually now have far more work to do with noise-induced hearing loss [compared with dust-induced diseases],’ she states.

‘The main thing is, you need to measure and monitor and, if you do that, you can see where you need to concentrate your efforts.’ The intense focus on TB delivered concrete results – and the same can be done for other health problems, she says.

‘That measuring and monitoring has now shown us that we are not making progress with noise-induced hearing loss. Actually, what we have identified is we were focusing a lot on the very high exposures [of 105dB and above]. None of us in the industry focused enough on this group between 105 and 85dB.’

Companies battled against exposure at the upper extremity, but because the majority of workers (60%) sit somewhere in the middle, putting greater efforts into reducing exposure at that level could be more effective. It shows why measuring and monitoring is so vital.

‘You need to have data, because with that data then you’ll be able to say: “That’s where the problem is, we need to focus there,”’ says Thuthula. ‘And that’s where we’re now going to be focusing to make sure that we shift as many people as possible to below 85dB.’

Fresh challenges

Newer issues concerning the Minerals Council, and OSH professionals at mining companies across South Africa, include mental health and lifestyle diseases such as diabetes, hypertension and obesity.

Thuthula says mental health became more of a focus after the COVID-19 pandemic. ‘Of course, mental health as a concern has always been there, but most of us were not appreciating the depth and nature of how mental health can impact [workers].’

While progress has been made in tackling diseases that have affected workers through the country’s long history of mining, the industry faces fresh challenges to follow the Minerals Council mission to ‘let every mine worker go home safe and healthy every day’.

Source: Minerals Council South Africa

MINING IN NUMBERS

172

450,000 to 512,000 workers in South Africa fatalities in 2022

55

Around 200 cases of silicosis in 2023

fatalities in 2008 fatalities in 2023

49

78% decline in all diseases over the past 15 years

Over 80% decline in TB and silicosis since 2008

55% decline in noise-induced hearing loss since 2008

To

FOOD

McCain Foods fined £700k for failing to conduct risk assessment

Frozen food giant McCain has been fined £700,000 after an employee lost two of his fingers when his arm was dragged into machinery on a production line.

Tom Matthews was cleaning the company’s batter system machinery at McCain Foods’ site in Lincolnshire, UK in September 2019 when he tried to remove string dangling from a chute. The guard on the machine was inadequate and his left hand was drawn into the rotary valve.

The 33-year-old suffered serious injuries and his index and middle finger were later amputated. He still has circulation problems, and suffers both physically and mentally.

The firm had not conducted an adequate risk assessment of the batter machine, and staff had not been provided with adequate training or supervision. The incident could have been avoided if the company had taken simple steps to guard dangerous parts of the machinery and give employees suitable training and supervision, HSE inspector Muir Finlay told Lincoln Magistrates’ Court.

McCain Foods, which had a turnover of £596.4m in 2022, pleaded guilty to breaching section 2(1) of the Health and Safety at Work Act and section 11(1) of Provision and Use of Work Equipment Regulations. The company was fined £700,000 and ordered to pay £6508 in prosecution costs.

NEWPORT CITY COUNCIL FINED £2M AFTER DEATH OF ROAD WORKER

What?

A council has been ordered to pay £2m after a man died while repairing a road. Why?

Stephen Bell, 57, was barrowing tarmac from the back of Newport City Council’s tipper lorry to make resurfacing repairs in July 2019, in Wales, UK. He was struck by a farm vehicle passing the roadworks. How?

Investigators from the GB Health and Safety Executive (HSE) found that the council did not take all reasonably practicable steps to organise a safe working environment.

Aftermath

He has since left McCain Foods and now champions health and safety in his current job at a different company, warning others to avoid his misfortune.

LACK OF GUARDS

Investigators from the GB Health and Safety Executive (HSE) revealed that McCain had failed to provide appropriate guarding to prevent access to dangerous parts of the machinery such as the rotary valve.

FIXING FAULTS

A spokesperson for McCain said the firm took the health and safety of its staff ‘extremely seriously’ and had made improvements to machinery safety measures at its sites. ‘Since the incident in 2019, we have further enhanced our machinery safety measures, and across our six UK sites we have had zero employee safety incidents over the past 12 months.’

Get more detail in our online story: ioshmagazine.com/McCain-Matthews

As well as the £2m fine, Cardiff Crown Court ordered the council to pay £9780 in prosecution costs. Beverly Owen, chief executive of Newport City Council, said policies, procedures and training were in place at the time of the incident. However, thorough and in-depth reviews have also been carried out since.

‘Health and safety resources have been increased, procedures have been strengthened and additional training introduced. The council has learned from this tragic incident and has taken every step to try and ensure this is not able to happen again,’ she added.

Fines for health and safety offences have increased substantially since the 2016 introduction of the Definitive Court Sentencing Guidelines. 2023 alone saw 21 reported fines of £1m plus, an increase of approximately 150% compared to 2022 figures. Of these fines, 10 involved allegations of inadequate risk assessments.

Given how difficult it can be to defend health and safety prosecutions – the most recent Health and Safety Executive (HSE) annual report highlights a prosecution success rate of 94%1 – it is essential all organisations fully appreciate not only the importance of getting risk assessments right, but also evidencing robust governance, review processes and the compliance associated with deploying risk assessments.

Why you need written policies and procedures

Alex Stein, a barrister who both prosecutes and defends health and safety cases, says, “The conviction rate for health and safety offences demonstrates the importance that organisations have suitable and sufficient written policies and procedures. In the event of an HSE inspection, the documentation can be reviewed, giving you the best chance of avoiding enforcement action.” Alex adds, “Even in situations where the HSE does take enforcement action, suitable systems can lead to successful representations during the prosecution process on public interest grounds.”

Alex was recently instructed by the HSE to prosecute a film company after a stunt worker sustained serious injury whilst performing an action sequence for the Fast and Furious 9 movie. The HSE investigation revealed the company’s risk assessment had not been properly reviewed and updated after a decision was made, between takes, to throw the stunt worker over another performer’s left shoulder, as opposed to the originally planned right shoulder. The company was ultimately fined £800,000 and ordered to pay the HSE’s prosecution costs of £14,752.85.

WTW’s Mark Cohen and specialist regulatory barrister Alex Stein discuss some issues and challenges linked to inadequate risk assessment.

The hidden cost of poor risk assessments

Mark Cohen is an Associate Director at WTW and former health and safety regulatory solicitor.

Alex Stein has a nationwide practice focused on regulatory law and is on the list of Specialist Regulatory Advocates in Health & Safety and Environmental Law.

Minor failings can lead to substantial fines

Although in the case above, the company had taken steps in the right direction, the impact of making changes to the originally planned sequence, modest as they were, had not been properly considered and documented. Given these omissions, Alex commented that “The company’s options were limited, and a guilty plea was entered.”

Expert training on avoiding regulatory action

To help organisations fully understand the challenges and risks they face, WTW is presenting mock trial sessions across the country during 2024. This innovative and interactive form of training, which combines seminar and audio-visual based learning, is designed to raise awareness of the issues that can trigger enforcement proceedings.

“As an organiser of training I have never had so many positive comments about a training session” — UK Property Developer

1 Health and Safety Executive Annual Report and Accounts 2022/23 (https://assets.publishing.service.gov.uk/ media/64b52a5461adff000d01b138/hse-annual-report-and-accounts-2022-2023.pdf)

CONSTRUCTION

£1.4m fine for cider firm after barrier spears windscreen and kills van driver

THE INCIDENT

Weston’s Cider has been prosecuted for health and safety failings after a van driver was crushed by a security barrier, which had been installed just a month earlier.

Tommy Mann was driving out of the cider manufacturer’s farm in Herefordshire, UK in September 2020 when the horizontal swing barrier speared his windscreen, killing him.

It was the farm manager’s 65th birthday and his day off

THE INVESTIGATION

Investigators from the GB Health and Safety Executive (HSE) found that H Weston and Sons had installed the barrier a month before the incident but failed to undertake a suitable and sufficient risk assessment.

The company also failed to implement a safe system of work to ensure that

the barrier could be secured safely when open and closed.

‘Horizontal barriers can be dangerous – but deaths are extremely preventable,’ said HSE inspector Sara Lumley. ‘The guidance for those operating barriers like this at car parks is clear and it’s vital to make sure the barriers are adequately secured at all times whether open or shut.’

IN COURT

At Kidderminster Magistrates’ Court, H Weston and Sons admitted breaching regulation 3(1) of the Management of Health and Safety at Work Regulations and section 2(1) of the Health and Safety at Work Act 1974. The company, which has traded for more than 140 years, was fined £1.4m and ordered to pay £26,756.50 in prosecution costs.

AGRICULTURE

TEEN’S DEATH CAUSED BY LACK OF SEGREGATION

Ben Spencer, 19, was just two weeks into his job at Sunrise Poultry Farms – his first proper job since leaving school – when he was fatally crushed between an HGV and a wall.

The incident

To navigate vehicles to the Loughborough workshop, workers would often drive along a narrow thoroughfare, HSE inspector Alex Nayar told IOSH magazine in an exclusive interview. But on the day of the incident, an HGV was blocking the way. Driven by an experienced HGV driver, the vehicle undertook a complex manoeuvre to negotiate its way into the gap between a parked truck and the wall of the building.

‘Ben was walking towards the vehicle from the opposite direction.

PHOTOGRAPHY:

He was wearing dark clothing and no high-visibility vest. The driver didn’t see him but noticed a “flash” on his right side and found Ben on the ground.’

The investigation

Alex attended the site the day after the incident and saw a very heavy police presence. ‘I immediately established that Sunrise’s methods to ensure effective vehicle and pedestrian segregation were inadequate, so issued an improvement notice.’

The company fully cooperated, and Sunrise invested a lot of resources in complying with the improvement notice. Eventually, compliance was achieved, and the standards of workplace transport safety were significantly improved.

The findings

The HSE’s investigation found no effective system of segregating vehicle and pedestrian traffic. ‘That is what vehicle and transport safety is all about: keeping people and

vehicles apart,’ said Alex. Although there was no CCTV, it is believed that Ben was struck by the corner of the HGV trailer unit and the wall.

The prosecution

At Leicester Magistrates’ Court, Sunrise Poultry Farms pleaded guilty to breaching regulation 17 of the Workplace (Health, Safety and Welfare) Regulations. It was ordered to pay a fine of £233,000, and prosecution costs of £8841.

What should have happened?

Several steps could have been taken to reduce risk, said Alex.

‘One option is using a banksman to assist drivers with manoeuvring their vehicles. Another is prohibition of vehicles along certain routes. A third option is mandatory use of hi-vis clothing. And another is pedestrian crossings.

‘My preferred option is the use of demarcated walkways and the use of physical barriers to create segregated walkways. Well-thoughtout walkways that help pedestrians to know exactly where they are and are not allowed to walk are vital.

‘Although it’s not applicable to this case, another option is employing one-way systems. Very often, people are killed in workplace transport incidents when vehicles are reversing because the driver doesn’t have the visual acuity that he would have when he is looking forward. If you can implement a one-way system that negates the need for vehicles to reverse, you significantly reduce the risk.’

Read the full interview, including what IOSH members can learn from this case, at ioshmagazine.com/ Sunrise-Spencer

NEBRASKA BEEF FINED $275K AFTER AMPUTATION INCIDENT

A food manufacturer in Omaha, Nebraska has been prosecuted after an employee sustained a severe hand injury after catching a fingertip in a forklift attachment while positioning material. The incident led to a medically necessitated amputation three weeks later.

OSHA investigators concluded that Nebraska Beef had failed to implement necessary safety measures, including the absence of lockout/ tagout procedures for hydraulic dock plates and enclosures. The company also lacked safety protocols for material handling, exposing workers to live electrical parts.

The company now faces $274,569 in proposed penalties.

METALWORKING FIRMS FINED FOR SAFETY LAPSES

Fines amounting to $32,000 were issued by Singapore’s Ministry of Manpower to metalworking companies during an enforcement operation towards the end of 2023.

More than 650 inspections were conducted, with 498 notices of noncompliance issued, said the ministry. The ramped-up checks on safety came after the metalworking sub-sector contributed to more than 40% of fatal and major injuries in manufacturing.

The wider

EPISODE 30: IN CONVERSATION WITH IOSH PRESIDENT STUART HUGHES

Hear from IOSH president Stuart Hughes in this two-part interview.

WORLD CONGRESS SPECIAL SERIES

OPINION

ARE ABSENCE MANAGEMENT PROCESSES EFFECTIVE – OR FAIR?

zine.com

IOSH podcast recently travelled to Sydney, Australia, for the 23rd World Congress on Safety and Health at Work. We interviewed 12 leaders in OSH and you can now listen to the first four conversations at ioshmagazine. com/podcast. We’ll be releasing the remaining episodes in the coming months – subscribe to IOSH podcast to ensure you don’t miss out: podcast.ioshmagazine.com

INTRODUCING THE CEO SERIES

The IOSH podcast team is delighted to announce a new series featuring IOSH president Stuart Hughes interviewing business leaders at some of the biggest organisations in the world.

With a focus on employee care, board communication and identifying OSH opportunities, this series will explore what these global leaders need (and get) from their safety teams. This will enable us to identify any potential gaps in alignment and empower members to ensure that their messages land with CEOs and help leaders in their decision-making concerning OSH. In our first episode in the series, Stuart meets Kevin Bampton, CEO of the British Occupational Hygiene Society. Listen to their conversation here: ioshmagazine.com/episode-31

Sickness absence rates are increasing, and not just because of COVID-19. The main reasons workers take time off sick include stress, mental ill health and musculoskeletal disorders. OSH content developer at IOSH Laura Wilding asks whether this approach to sickness management helps workers to improve their health and reduce their sick time. Read it here: ioshmagazine.com/absence-processes

COP28 AND OSH: ‘LEADERS MUST DRASTICALLY UP THEIR GAME’

While climate change exacerbates OSH hazards and adds new ones, workers often can’t choose to avoid exposure. So, how do we ensure better focus on ethical practice, transparency and investment and protection for workers worldwide? Richard Jones CFIOSH believes that ‘leaders must drastically up their game’. Read his opinion piece: ioshmagazine.com/cop-28

GET INVOLVED

This is your magazine, and we are always on the lookout for members to get involved with the content. If you’re willing to write about a specialist subject, be interviewed for a story, or just have something interesting to say, we’d love to hear from you. Email the editor, Joanne Perry, at joanne.perry@ioshmagazine.com

FIOSH

view

Webinars

EMPOWERING SAFETY: PROACTIVELY MANAGING HUMAN ERROR FOR A SAFER WORKPLACE

ON DEMAND: EXPERT ANALYSIS OF THE LATEST HSE ILL HEALTH AND INJURY STATISTICS

Despite advancements in technology and robust safety protocols, human error continues to be a significant contributor to workplace incidents. Understanding and addressing human factors that contribute to workplace incidents is pivotal for fostering a safer working environment.

IOSH magazine recently hosted a one-hour webinar in partnership with Ideagen, exploring a paradigm shift in thinking about human failure – moving beyond prevention to proactive facilitation. Attendees heard from EHS experts who highlighted strategies for strengthening positive behaviours, turning them into lasting habits through effective monitoring and feedback processes.

Missed the live event? It’s not too late! Discover how empowering your workforce and fostering engagement can lead to a significant decrease in safety incidents by watching this webinar on demand: ioshmagazine.com/webinars/ ideagen/human-error

We also ran a webinar in partnership with EcoOnline, at which a group of OSH experts, including IOSH’s very own thought leadership manager, Dr Christopher Davis, delved into the most recent workplace ill health and injury statistics published by the GB Health and Safety Executive.

Experienced professionals in OSH provided a comprehensive analysis of the data, offering valuable insights and actionable strategies to enhance workplace safety. They took a closer look at how the new stats compare to previous years, with a focus on chemical management, permit to work and EHS in the UK.

Don’t miss this opportunity to stay ahead of the curve in promoting a strong safety culture within your organisation. Watch on demand now: ioshmagazine. com/webinars/hse-stats

Watch all of IOSH magazine’s webinars and earn CPD points

Video

NEW WAYS OF THINKING ABOUT CPD

IOSH members commit to continuous learning and development, which means employers have confidence that they are recruiting top talent, and that someone’s membership grade is a true reflection of their career level and professional competence. Our latest explainer video offers alternative ways of fulfilling your continuous professional development.

Watch it here:

ioshmagazine.com/videos

Stay up to date

Do you receive our award-winning weekly eNewsletter? Packed with the latest news, insight and legislative updates, almost 50,000 members and non-members read our eNewsletter every week. Don’t miss out – sign up for free today.

ioshmagazine.com/newsletter

Download our digital edition

Did you know you can download this issue of IOSH magazine? Read your members’ publication anywhere, any time. And that’s not all – you can also access our issue archive. Four years, 31 issues, hundreds of features and thousands of words are available to browse. Read individual articles or download entire PDFs of each issue.

ioshmagazine.com/issue-archive

• Semi or Fully Automatic

• Child Mode Button

• Daily Self-Tests

• Integrated Rescue Kit

• Connectable to internet for self-monitoring (coming soon)

• Dual Language Available English / Welsh English / Irish

SO... WHAT IS WORKPLACE WELLBEING?

Members say that mental health and wellbeing at work should be part of the OSH role. But where do we start?

WORDS STEPHEN THOMAS CMIOSH, INTERNAL HEALTH, SAFETY AND WELLBEING LEAD AT IOSH

What does workplace wellbeing mean to you?

It means supporting the mental and physical health of our workers, as well as promoting a physically and psychologically safe work environment where people can be themselves and feel that they are valued and able to speak their minds.

In a more practical sense, it is about having a sensible framework and mechanisms in place to help make these more intangible elements a reality.

How did your career move into wellbeing?

Steering my professional journey into wellbeing was a logical step. I spent just under 20 years working in consultancy with HR and occupational health professionals. This gave me a feel for how crucial mental and physical health is to a safe, efficient and profitable workplace, as well as how wellbeing should be approached holistically as a cross-functional activity rather than just one discipline ‘owning’ it.

How has working at IOSH influenced your journey?

I have many colleagues who are passionate about workplace health and wellbeing, so

it’s great to bounce ideas around with likeminded colleagues and discuss the latest thought leadership on the subject.

Since 2018 I have represented IOSH at Affinity Health at Work’s Research Consortium, which has accelerated my understanding of the subject. Networking with other professionals in the wellbeing space has meant I’ve seen some great examples of good practice that have really made a difference in other businesses, and I’d recommend that sharing of stories to everyone.

A GOOD START

Helpful hints

My top tips for other OSH professionals starting their own wellbeing journey...

1 Do your research and make sure you can explain what wellbeing actually means to your organisation – it’s more systemic and fundamental than the ‘free fruit, massage and yoga’ cliché!

2 If you can engage senior leadership and get them to vocalise and role-model wellbeing, it’s incredibly powerful and gives workers licence to be themselves at work. Hearing leaders talking about the challenges they’ve overcome, the hard times and how their health has affected them helps everyone accept that it’s okay to be human.

3 Seek out authoritative sources of wellbeing information. In my wellbeing journey, I have found standards such as ISO 45003: Psychological health and safety at work: guidelines for managing psychosocial risks, and the HSE stress management standards to be really helpful.

4 Be sure to engage, upskill and support line managers – empathetic and effective management is critical to raising wellbeing standards in the workplace.

5 Workers have a strong appetite for a safe and healthy workplace. Engaging employee representatives such as health and safety committees and wellbeing ‘champions’ is very effective – but be ready for ‘check and challenge’ from them!

According to the recent SDG stocktake: through the eyes of the private sector report from the United Nations Global Compact-Accenture (UNGC), 85% of all SDG indicators are off-track, with none of the goals likely to be achieved by 2030 (UNGC, 2023a).

The report outlines several challenges that private sector organisations are facing when it comes to supporting them. This is despite the sector being overwhelmingly in support of the SDG vision.

Challenges include the perceived inability of businesses to exert influence throughout their supply chains, long payback periods for sustainability efforts and changing priorities among CEOs. The report also says 84% of respondents feel that the measurement and calculation of impacts towards SDGs is a major barrier (UNGC, 2023a). In other words, businesses struggle to understand how to calculate their progress towards the SDGs. They are therefore asking for clear measurement criteria and calculation methods so they can not only properly report progress, but also make informed decisions based on these insights.

Investors increasingly call for businesses to disclose climate-related risk and opportunities as well as broader disclosures related to workforce planning and labour practices. Increasing regulation – such as the forthcoming EU Corporate Sustainability Due Diligence Directive (CSDDD) – requires companies to identify and prevent both the actual and potential impacts of their activities on the environment and on human rights abuses.

It says: ‘global challenges – ranging from climate, water and food crises, to poverty, conflict and inequality – are in need of solutions that the private sector can deliver, representing a huge and growing market for business innovation’ (UNGC, 2023b). While businesses have a vital role to play in SDG delivery, it’s one thing asserting this in theory and another knowing how to put it into practice.

Forum discussion

At the most recent meeting of IOSH's Business Leader Forum, all participants agreed that the 17 SDGs were understood in principle and that mapping them to elements of good OSH management provided focus and direction.

The IOSH report Delivering a sustainable future has been produced to clearly map the link between good OSH management and SDGs (IOSH, 2023). The report identified that OSH has a role to play in meeting 51

of the 169 targets that support the SDGs. To 31 of these targets, it can make a direct contribution (to read the report in full, please go to bit.ly/IOSH-deliveringsustainable-future).

Not all members of the forum engaged so specifically with the SDGs in their strategy, though. ‘We are looking at regulations, labour rights, ILO fundamental rights, not necessarily SDG alignment,' said one.

‘Although we see the links between OSH practice and many of the SDGs, the critical

Staying on target

The latest Business Leader Forum focused on the challenges businesses face to meet the UN Sustainable Development Goals (SDGs).

WORDS ANGELA GRAY

Key stages

Locus of OSH responsibility

Leadership behaviour Management system intent

Embryonic

OSH compliance

Active

limited

safety by natural instinct

ad hoc expertise

legal compliance reactive comply

questions for us are: So now what? How do we put this into practice? How would we questions for us are: So now what? How do we put this into practice? How would we then measure the impact of our activities against those SDGs?’

The forum discussion continued to explore the challenges created by the division of responsibilities in organisations. In many cases, responsibility for sustainability sat with another team, outside the scope of the OSH functions. Indeed, not all members felt comfortable with the term ‘social sustainability’, with some focusing instead on the idea of business ‘purpose’ or ‘people strategy’.

What is clear is that, where the SDGs provide a unifying vision of a sustainable future, challenges remain when it comes to businesses coordinating efforts to meet them, to measure them, and to report on them.

For more information on the UNGC Global Private Sector SDG Stocktake, visit bit.ly/UNGC-stocktake.

Beyond compliance

all risks equal

follow rules and procedures safety manager policing enforcing control

The IOSH model of safety

emerging risk differentiation

Proactive concern with prevention mainstreamed in all job roles assurance inspiring engage

In the new world of work, organisations are facing ever-increasing levels of scrutiny regarding their OSH performance. Investors, asset managers, customers and regulators are seeking assurance that businesses are looking after the people who work for them and the communities in which they operate.

The challenge to business is the ability to measure this performance under such scrutiny, and being able to continually assess the impact any improvement activity is having on their OSH cultural maturity.

The IOSH model of safety (MoS), above, describes the characteristics of an organisation at various stages of OSH cultural maturity.

IOSH is producing a series of webinars designed to support understanding and practical application of the model of safety.

Integrated advantage from OSH innovation throughout value chain strategic enabler authentic empower

The first two were pre-recorded.

Webinar 1

Target audience is Student and Affiliate Members. This will provide a basic explanation of each of the elements.

Webinar 2

Target audience is Technical and Certified Members. This aims to offer some further explanation and explore their practical application in the workplace.

Webinar 3

Target audience is Chartered Members and Fellows. This will be a live panel discussion on the merits of understanding and applying the principles of cultural maturity.

Understanding of OSH risk

Prevailing attitude to OSH

Role of OSH profession

A CULTURE CHANGE

The Building Safety Act came into force in 2023. What are the key measures that will affect OSH professionals working in the built environment?

WORDS ANNA SCOTT

Heralded by the UK government as ‘the biggest change to building safety in a generation’, the Building Safety Act demands greater accountability for fire and structural safety issues throughout a building’s lifecycle. It enforces a new regulatory framework, as set out by Dame Judith Hackitt in her report as chair of the Independent review of building regulations and fire safety following the 2017 Grenfell Tower fire in London (Hackitt, 2018).

Poor practice is a global problem. Following a 2021 fire at an apartment block in Milan, Italy, Dr Fathi Tarada, managing director of engineering consultant Mosen, told New Civil Engineer magazine that the UK’s building reforms must be extended across Europe to prevent similar disasters. (Horgan, 2021).

Among Dame Judith’s recommendations are a new regulator, the Building Safety Regulator (BSR), which must sign off three

key gateways – planning approval, the start of construction and handover – before the next stage can commence. The Act also implements requirements to digitally record details, and any changes, of a building’s design and construction, known as the ‘golden thread’ of information (Hackitt, 2018).

The bill was amended during its passage through Parliament, principally in relation to applying for remediation orders against landlords required to repair or maintain the building and fixing gaps in leaseholder protections. Phase 3 of the legislation is expected to come into force in April 2024 (see Key dates, right).

Pros and cons

Also expected this year, the phase 2 inquiry report into the Grenfell tragedy ‘will consider all the facts and make solid recommendations on what further changes are required’, says Andy Frankum, director

of health and safety and compliance at Concept Housing Association and chair of the UK National Social Housing Fire Strategy Group.

‘I hope the action that follows the report starts to drive any further changes required, considers any criminal proceedings relating to Grenfell and that government takes a hard look at this and ensures the future fire safety management model in the UK is developed to be a firstclass system that keeps people safe, strives to learn and constantly evolves to consider emerging risks, and adapts to future challenges,’ he adds.

Anthony Taylor, managing director of Resolve Risk and interim chairman of the

UK Building Safety Alliance, points out that the Act is not solely related to higher-risk buildings, but has a far wider impact on ‘all and any building works that are affected by building regulations’. And because it focuses ‘significantly on individual competence and accountability,’ he adds, ‘this will have a distinct effect on the quality of work in the future’.

The BSR says that some of the concepts of the regime ushered in by the act will be familiar to OSH professionals. ‘But it is important that people do not think they can simply “lift and shift”,’ they explain. ‘The concepts of “plan, manage and monitor” in building work have been adopted from health and safety law. This means that health and safety professionals will need to review their skills, knowledge and experience in relation to the requirements of building regulations.’

They will also need to consider cooperation and coordination – highlighted by the Hackitt report, which found that people working in silos with limited responsibility, and this being taken

Key dates

2022

28 April The Building Safety Act receives royal assent, with some measures intended for an implementation between 18 months and two years afterwards (RICS, 2023).

28 June Phase 1 comes into effect, extending the limitation period for building owners, homeowners and leaseholders to bring a claim, and “changing the liability landscape for developers, contractors and other construction professionals” (Cripps, 2022).

1 December Changes to Fire Safety: Approved Document B come into force.

2023

23 January Fire Safety (England) comes into force.

13 February New residential buildings over 30 metres tall in London must now have two staircases, as detailed in planning applications.

6 April New regulations detailing exclusion from the definition of higher-risk buildings, and requiring the registration of existing high-rise residential buildings come into force. Deadline is 30 September.

1 October Phase 2 comes into effect, including the establishment of the Building Safety Regulator (BSR), gateways 2 and 3, new regulations on duty holder responsibilities and the golden thread.

2024

April Phase 3 expected to come into effect with the deadline for registering as building control approvers and building inspectors. BSR expected to start calling in safety case reports etc as the process for considering applications for building assessment certificates.

Operational standards rules for building control bodies, professional conduct rules for registered building control approvers, and the code of conduct for registered building inspectors expected to come into force.

(GS1 UK, 2023)

The essential OSH qualification for

ambitious professionals

The IOSH Level 6 Diploma in OSH Leadership and Management is designed for a new generation of occupational health and safety professionals.

Developed and awarded by IOSH as an awarding organisation, delivered by IOSH Academy.

Why

study with IOSH Academy

Accessible Study online from anywhere in the world

Fast track

A smart and effective way to study at degree level

Flexible Making it easy to fit around work and other commitments

Industry recognition We focus on real issues to make learners more valuable to employers from day one

Practical and relevant

The qualification content is mapped against IOSH’s competency framework

Want to take your career to the next level?

for compliance, was endemic. ‘There is therefore a huge opportunity for health and safety professionals with experience implementing Construction (Design and Management) Regulations 2005 to bring that learning to bear and help to secure compliance with the building regulations,’ the BSR says, where they have relevant competence in regard to application of building regulations.

The law ushers in a stronger enforcement regime planned with new dutyholders and accountability at its heart, a system focused on risks and resident safety, competence and procurement to ‘ensure there is no longer a race to the bottom and actors are competent in the future’, Andy says.

However, he adds: ‘I would suggest that the regulatory environment has become more complex, confusing and a series of missed regulatory opportunities, which if designed differently could have contributed to the UK delivering a better first-class fire safety management system in the future.’

Another issue is the 21-day period in which the BSR will approve building plans. ‘Previously, if there wasn’t a response within this time companies could go ahead and build,’ says John Field, director of operations at Keystone Fire Safety. ‘Now, if you don’t hear within 21 days, it means the plans have been turned down. Or you might not get answers from the BSR to questions that you have asked, and you have waited that time. This has an impact on costs.’

Competencies

There is also an impact on competencies. The Building Safety Act was meant to explain what competency means, for example in relation to carrying out fire risk assessments, but this hasn’t been agreed, in part because the Institution of Fire Engineers and the Institute of

OSH PROFESSIONALS NEED TO ARM THEMSELVES WITH INFORMATION

Fire Safety Managers have different definitions of competencies and different members’ registers.

‘All these bodies need to come together and come to a common agreement that is put into the legislation,’ John says, adding that there is also a shortage of trained fire engineers in the market with the necessary knowledge and competence.

Organisations offering services will be expected to provide evidence that they have the ‘organisational capability’ to deliver those services. ‘Effectively, this means the systems they use to assure themselves that all those working under their control, working across the built environment, have the appropriate

competence’, Anthony explains. He offers a specific full-day CPD-accredited training session on the Building Safety Act.

The BSR says that any OSH professional who carries out work to assist with design or building work or building management duties needs to be able to demonstrate that they have the right skills, knowledge, experience and behaviours.

‘Through engagement with industry and the work of the Industry Competence Committee, BSR is assisting and encouraging the development and implementation of new competence frameworks for different roles across the built environment industry,’ they add.‘These frameworks should set out the expected skills, knowledge, experience and behaviours for their individual sectors, as well as possible routes to demonstrate competence.’

Ruth Wilkinson, IOSH head of policy and public affairs, says: ‘OSH professionals can follow and use the IOSH Blueprint to help enhance their core, behavioural

The ‘liability landscape’ is changing for developers, contractors and construction professionals

and technical OSH skills. For OSH professionals with specific roles and responsibilities aligned to the Act, or implementation of the Act, assessing and evidencing competency will be essential, and understanding the dutyholders’ roles and competence requirements will be important in meeting the requirements of the Act.’

Further CPD opportunities include the IOSH CPD course programme, which will in turn provide further knowledge and awareness to the OSH professional, especially with understanding competency within their roles.

Impacts

Changes to the sector are under way.

Anthony Taylor has seen ‘a lot of commercial businesses offering “solutions” to the requirements of the golden thread/

safety case and even the safety case report, where their advertising indicates clearly they do not understand or have the appropriate competence to offer such services’.

In addition, so-called standard management agreements between clients (principal or accountable persons (APs)) and their managing agent or facilities manager may not cover all the APs’ expected duties, he says. However, companies are reviewing their contract arrangements, particularly those signed before the BSA came into force, to ensure they deliver appropriately-assured information to inform both their golden thread and safety case which will include, ‘all the assurance of the design and build compliance with building regulations that this requires’, Anthony adds.

Housing organisations are recruiting new building safety managers, despite

the role being dropped from the Act.

‘Organisations are looking at recruiting holistically to design how they will tackle the challenges ahead while focusing on ensuring residents are safe in their homes,’ Andy says.

Ultimately, OSH professionals need to arm themselves with information. John recommends the government-produced and IOSH guidance on the act, as well as making contact with different groups within IOSH, such as the Fire Risk Management Group Committee, of which he is vice-chair.

‘Health and safety should be all about sharing information,’ he says. ‘We shouldn’t treat information like it is a secret formula.’

For references, visit ioshmagazine. com/building-safety-act

BRIEF

Key takeaways for OSH professionals

Building Safety Regulator (BSR)

OSH systems, policies and practices must align to the BSR’s objectives of securing safety and improving building standards. Professionals will also need to collaborate with the BSR and others with specific responsibilities, such as accountable persons, as appropriate and as necessary.

Ruth Wilkinson says: ‘OSH professionals will need to be aware of the legal requirements within the Act but also be apprised of the activities, focus areas and outcomes identified within the 2023-26 strategic plan and support its implementation through awareness raising, and driving action within their remit of work as relevant to the built environment.’

Advisory and specific committees

To advise it, the BSR has set up a Building Advisory Committee and other specific committees, including the Residents’ Panel and the Industry Competence Committee. Potentially, OSH professionals will engage with these committees. ‘OSH professionals may be instrumental in providing information, insights and safe practice related to safety standards, regulations, and practices in the construction sector, within their area of competence and in addition to other dutyholders,’ Ruth says.

Higher-risk buildings (HRBs)

An accountable person (AP) is an organisation or individual who owns or has a legal obligation to repair any common parts of the building, with their duties being aligned to assessment and management of building risks in their HRB, whereby building safety risk is defined as ‘spread of fire and/or structural failure’. If there is more than one AP, a principal AP must be identified.

‘OSH professionals can play a role in guiding APs through the registration

procedure, emphasising the importance of obtaining a building assurance certificate to demonstrate adherence to building safety regulations,’ Ruth adds.

Golden thread requirement

Dutyholders and accountable persons are tasked with coordinating the golden thread of building information which ensures compliance with the building regulations, and identifying, managing and mitigating ongoing safety risks.

Ruth explains: ‘Dutyholders and APs have specific responsibilities for the golden thread; however, there is an opportunity for OSH professionals to guide the establishment and maintenance of the golden thread within their organisations along with other dutyholders.

‘They may also – with other dutyholders – work collectively to develop and implement processes for compliance with the Act and regulations by creating, updating and safeguarding the golden thread information, emphasising its importance in demonstrating building safety compliance.’

Gateway regime and rigorous inspections

The three gateways introduced by the BSR for higher-risk buildings – planning gateway 1, planning gateway 2 and completion gateway 3 – bring about a ‘paradigm shift for the HSE, building control and construction sector’, Ruth says.

Building assessment certificate, building risk assessment, safety case and safety case report

Safety case reports are required for all high-rise residential buildings at least 18 metres or seven storeys high. ‘The safety case will host information on the

building but will include information on the safety management system in place to manage building safety risks, the plan for emergencies, building risk assessment summary, and so on, so there will be some information that the OSH professional can provide as part of the safety case preparation as relevant to their role, remit and competence,” explains Ruth.

Resident engagement and safety obligations

APs need to craft and continually update a residents’ engagement strategy and OSH professionals, along with other dutyholders, may play a role in helping them formulate the strategy, ensuring it fosters inclusive opportunities for residents to actively participate in decision-making processes related to their buildings.

‘This highlights the evolving importance of community involvement in shaping building safety measures,’ Ruth says. In addition, OSH professionals may need to provide information for initiatives to inform or engage residents.

Amendments to fire safety requirements

Section 156 of the Building Safety Act amends the Regulatory Reform (Fire Safety) Order 2005 applicable to all non-domestic premises, including the common parts of high-rise residential buildings subject to the new regime.

‘Under the amended fire safety order, there are new responsibilities placed on the RP [responsible person],’ says Ruth.

‘OSH professionals can guide and support the RPs in complying with the obligations, to ensure fire risk assessments are recorded in full, and competent individuals are appointed for fire risk assessments, and for raising awareness of these regulation changes.’

BUILDING ON FIRM FOUNDATIONS

This year marks 50 years since the Health and Safety at Work Act came into force. In a changing world of work, what further measures might be needed in future?

WORDS NICK WARBURTON

At the heart of the Health and Safety at Work etc Act 1974 (HSWA), based on the landmark report from Lord Alfred Robens in 1972, is the principle that those who create the risks are best placed to control them. The landmark legislation puts most of the responsibility on the employer, with a duty to ‘ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees’. That antiquated wording, with its assumption that employers were male, gives a flavour of the world of work at the time.

Tracking OSH performance

This step was critical in producing more accurate statistics. It has enabled more reliable comparisons to be made in Britain’s OSH performance from the HSWA’s introduction in 1974 up to the present day.

As former HSE chief statistician Alan Spence indicates in a data analysis of the effects of HSWA, Britain’s OSH record has improved significantly in most areas over the past 50 years. For instance, the rate of fatal workplace injuries fell by 88% between 1974 and 2019/20 (Spence, 2022).

However, 150 workers died every year in mining and quarrying alone in the late 1960s – roughly equal to the total annual death toll for all industries in the latest statistics from the GB Health and Safety Executive (HSE). This fact highlights that some improvement has been due to structural changes in the economy and the move to lowerrisk occupations.

Changes in the occupational structure of the British workforce are estimated to account for 60% of the fall in non-fatal injuries between 1986 and 2003, while the remainder is due to other factors, including improvements in health and safety standards (Spence, 2022).

Although the HSWA and the HSE can take only partial

credit for OSH improvements since the mid1970s, many Commonwealth countries have been inspired by its ‘goal-setting’.

In Singapore, for example, Ho Siong Hin, commissioner for workplace safety and health at Singapore’s Ministry of Manpower from 2005 to 2019, points out that the HSWA’s principle of making the person who creates the risk responsible for managing them underpins the Singapore Workplace Safety and Health (WSH) Act 2006.

‘Prior to that, the Factories Act was rather prescriptive in nature and it didn’t create an environment where ownership of safety and health was with industry,’ he explains.

‘The government provided the framework and the necessary support to ensure industry has the capability and the knowhow [to make OSH improvements]. That was the fundamental shift we made.’

The industry-led WSH Council, including representatives from trade unions, employers and academics, was set up in 2008 to inculcate a mindset that ‘good safety and health is good for businesses’ throughout the economy.

In 2004, the fatality rate was 4.9 per 100,000 workers, and the following year the government announced plans to halve the rate within 10 years.

‘We put in place the system, the law and the setting-up of the WSH Council and found that by 2008, the rate had dropped to 2.9 per 100,000 workers,’ he continues.

‘So, in 2008, the prime minister gave industry another mandate to reach 1.8 per 100,000 workers by 2018. We had to tweak the framework and one area we focused on more was “How do you instil a workplace safety and health culture?” By 2018 we were at 1.2 per 100,000 workers.’

The rate saw a slight uptick in 2022, but he puts this down to the ‘COVID effect’, which resulted in a loss in momentum in instilling an OSH culture, priority being given to getting work done and needing to train a new generation of less-experienced migrant workers to replace those who had returned home during the pandemic. It is now down to around 1.1 per 100,000.

here was any si d that ha l

on rk

In addition, Singapore has increasingly taken a ‘total WSH’ approach that recognises the need to consider how the two have an impact on each other.

Dr Jukka Takala, a Finnish academic who is immediate past president of the International Commission on Occupational Health (ICOH) and has also worked for the International Labour Organization (ILO) and the European Agency for Safety and Health at Work (EU-OSHA), says the HSWA has had extensive influence.

‘If there was any single country in the world that had an impact, both in international organisations and particularly

If there was any single country in the world that had an impact, both in international organisations and particularly in the European Union [through the European Framework Directive], that was Britain tive],

in the European Union [through the European Framework Directive], that was Britain. Even EU-OSHA in Spain was a product of British thinking,’ he says.

t wa w s n a h says.

In terms of global reach, he cites its influence on the ILO’s OSH Convention (No 155): ‘It more or less directly followed the same thinking, making a framework law and then below that detailed regulations.’

Jukka suggests that the global community’s future OSH priorities should be managing the burden of workrelated diseases. Globally, they account for 2.58 million of the 2.9 million deaths attributed to work (Takala et al, 2023).

Gaps in protection

The fact that the HSWA contains the qualification ‘so far as is reasonably practicable’ raises several issues: notably, does this leave any gaps in employment protection and should any amends be made to mitigate potential risks?

rotection t contain n raises several issues: e any gaps in

For Katherine Metcalfe, a partner at legal firm Pinsent Masons and an OSH specialist, the HSWA’s qualification is important.

First, it recognises that there is a balance to be struck between achieving absolute safety and the cost in terms of time, money and effort to fulfil this goal. Second, it also recognises that sometimes other parties can act in a way that compromises safety even when the employer is trying their best to fulfil their duties.

‘The regulations that supplement the HSWA do quite a good job of filling any gaps,’ she adds. ‘A lot of them are strict liability and so even though the overarching obligations are duties to do something “so far as is reasonably practicable”, if you don’t comply with most health and safety regulations, there is no defence to that.’

However, she does recognise that recent events – specifically the COVID-19 pandemic and its impact on workplaces – highlight the need to strengthen some secondary legislation.

Katherine cites the Display Screen Equipment Regulations instituted in 1992 before it was commonplace for most people to have a computer at work and at home.

sec K Eq be t

‘Now everybody has multiple devices and they are using them in different ways and in erent locations so there is scope to revisit that,’ she argues.

‘There is also scope for more detailed guidance from the HSE on that boundary between work and home. I get lots of questions from employers around people having accidents in their home and whether they are RIDDOR reportable. If an employee trips on some wires in the office, there may be some liability there, but what is the situation when people are at home? That boundary isn’t well defined at the moment.’

g Tra (TUC), argue th h

Shelly Asquith, health, safety and wellbeing officer at the UK Trades Union Congress (TUC), argues that the rise in home-working has also highlighted the need for a right to disconnect, something that has been legislated for in some countries. The TUC also identifies insecure work as an employment area where legislative action is required.

‘We want an end to zero-hour contracts and the use of rolling fixed-term contracts that leave workers without any security and really exacerbate stress,’ she says.

‘They are much more common for younger workers entering the labour market. Often that is presented as flexibility where really it is insecurity.’

Changing world of work

As previously noted, Britain’s economy in 1974 was almost unrecognisable from how it is today, so identifying future OSH legislation developments over the next 50 years is challenging.

However, the impact of the digital revolution and technologies such as artificial intelligence (AI) will inevitably reshape the world of work in the near future. Indeed, it is already happening.

Katherine believes the flexible nature of the HSWA framework means regulators can adapt well to new challenges.

‘In the energy sector, the HSE is looking at new technologies such as on and offshore wind and hydrogen and it is saying: “The safety regime we have is fit for purpose. We don’t need a massive amount of new legislation; we can use what we have because it provides adequate controls.”’

Ruth Wilkinson, IOSH head of policy and public affairs, says that a process to review and amend secondary legislation that sits under the HSWA already exists. ‘With rapidly changing technological advances like AI, to ensure safe design, development and use, regulatory frameworks can and should be used,’ she says.

‘In Europe, an EU AI Act is underway. In the UK, AI technologies are regulated across different legal requirements and IOSH

The shaping of the Act

In 1972, traditional heavy industry still dominated the economy. Fatalities and injuries were high.

1000 people were killed at work each year; half a million sustained injuries.

(Spence, 2022)

The regulatory system was fragmented and prescriptive, resulting in variable and inconsistent regulatory regimes across industry sectors. There was an acknowledgment that official statistics were not reliable, and there was no data on ill health. (Spence, 2022)

Lord Robens and his committee recommended a less prescriptive, legislative model. The philosophy behind the HSWA can be seen as the origins of a risk-based OSH approach and it is goal-setting in its objectives (HSE, 2017)

Most of its recommendations became law through the HSWA, the new primary legislation that covered occupational health and safety in Great Britain.

Importantly, the HSWA also created a new, single unified regulator, the GB Health and Safety Executive.

And the Robens report recommended a ‘standard form of accident report’, which culminated in the creation of RIDDOR injury reporting for fatalities and the Labour Force Survey for ill health and injuries.

at vey inju (Spe nce, 202 2).

A quick and easy form of oral drug screening for workplace testing

a wide range of industries and testing scenarios.

PARADIGM SHIFT

to human rights, and make OSH a foundation of sustainable development and decent work,’ says Ruth.

firm Deloitte

We continue to see an array of regulatory changes across the health and safety landscape, from the right to disconnect and psychological risk, to CSRD [Corporate Sustainability Reporting Directive] reporting and the Fire Safety Act. We are seeing the introduction of revolutionary technologies such as AI, which will have the potential to not just revolutionise the workplace, but also lead to significant

Is the UK’s regulatory landscape changing?

y ?

changes for the wellbeing of employees.

Human advancement and technological progression will always outpace the regulatory and legal landscape, and typically legislation is introduced in response to unforeseen events.

Viewed together with the landscape in the UK under the Retained EU Law (Revocation and Reform) Act, the future of legislation across the globe could either see an amalgamation of current regulations, or the implementation of further pieces of discrete legislation, creating the

has contributed to the A pro-innovation approach to AI regulation consultation [IOSH, 2023] with feedback highlighting the need for effective regulations.’

On the issue of the Retained EU Law (Revocation and Reform) Act 2023, Ruth points to IOSH’s policy response (IOSH, 2022) and its insistence that attempts to remove any EU-derived secondary OSH legislation cannot lead to a drop in standards. She adds that the government’s recent smarter regulation agenda provides an opportunity to further enhance OSH practice.

risk of complexity and siloed regulations.

In the coming years, we will continue to see a significant shift away from prioritising traditional physical safety-based regulation. Instead, we can expect the development of more holistic regulation, addressing both physical and psychological risks.

We may see a greater focus on the prevention of harm and an increased use of technology within regulation, for example, to eliminate and reduce the exposure of workers to challenging and offensive content.

Human-centric focus

According to Dr Juliet Hassard, an occupational psychologist based at Queen’s University Belfast, who has contributed to UK government and EU-OSHA reports, some substantial risks to human health and wellbeing are psychosocial issues and ‘nonvisible conditions’ such as mental health.

This is backed up by the statistics that Spence (2022) has analysed and show that stress, depression or anxiety have risen by 3.2% since 1990.

Juliet points to Nordic countries where labour inspectors are trained in psychosocial issues and inspect businesses, but warns this approach is challenging to apply in Britain.

‘Unless you have the ability to really ensure that the regulation you are putting forward is being monitored and maintained within the system, you have to question its value in isolation or whether you need to be more creative,’ she says.

‘Maybe the different approach is that we look at ways to incentivise employers to go beyond risk assessments and move into the best practice space.’

safety, they can thrive and give back through productivity and to the economy.’

In June 2022, the International Labour Conference decided to include a ‘safe and healthy working environment’ in the ILO’s declaration on fundamental principles and rights at work and to designate two OSH conventions as fundamental conventions (ILO, 2022). It also asked members that have not ratified the conventions to promote this fundamental principle.

IOSH is calling on the UK government to take a more proactive approach and ratify these important ILO OSH conventions.

Juliet believes that businesses will need to move to a more human-centric approach that fosters greater worker participation and gives individuals a more active voice in how their work is designed and managed.

‘That is the direction of travel and from a mental health perspective we know that these approaches are very beneficial to motivation, as well as health and wellbeing,’ she argues.

‘If we invest in our workforce, provide safe and healthy working environments, provide good, decent and sustainable work that protects workers’ health and

e nts, able ealth and

int fund n amen

‘This will allow the UK to catch up with international standards, recognise a safe and healthy working environment as a fundamental right with OSH coherence

For references, visit ioshmagazine.com/HSWA-50-years

James Lewis, human sustainability leader at accounting

PRACTICE

EXPLORE SKILLS, IDEAS AND THEORIES

Staying safe in

THE SUN

UV protection at work should be a priority for all, but laissez-faire attitudes are a cause for concern. How can OSH professionals raise awareness and safeguard workers?

WORDS KATIE SMITH

Working outdoors poses many risks for employees, including exposure to ultraviolet (UV) radiation. But according to a YouGov survey of 4435 respondents, of whom 558 were outdoor workers, precautionary measures are not always taken (SC Johnson Ltd, 2023). It found that a third of outdoor workers never apply sunscreen at work, and 34% of them claimed nothing would encourage them to do so. A third of those who never use UV protection at work said that they didn’t think it was necessary and 28% stated that they didn’t burn easily in the sun, citing this as their reason.

Professor David Whiteman, senior scientist and head of cancer control at QIMR Berghofer Medical Research Institute in Brisbane, Australia, has studied the effects of sunlight on people for more than 30 years.

‘When people go out in the sun and get exposed to UV radiation, there are different wavelengths of UV, and it’s the UVB wavelengths that have the shorter, higher potency that can penetrate into the outer layers of the skin,’ he explains.

‘UVB radiation leads to genes being mutated and cells being altered in the way they function that, over time, with more exposure to UV and more damage to the cells, leads to uncontrolled growth and proliferation, and a skin cancer forms.’

Skin cancer in the form of melanoma and squamous cell carcinoma – a type of nonmelanoma skin cancer – can be fatal. Nearly one in three deaths from non-melanoma skin cancer are caused by working under the sun. In 2019, almost 19,000 people in 183 countries died from non-melanoma skin cancer from working outdoors in the sun (International Labour Organization (ILO), 2023).

The estimates also reveal that occupational exposure to solar UV radiation is now the third-highest attributable burden of workrelated cancer deaths worldwide (see Skin cancer: the stats, overleaf).

‘Sunburn events appear to be pretty bad for melanoma particularly,’ David says. ‘It’s the intermittent acute intense exposures that seem to be really potent at initiating cancer.’

IMAGE:

‘They’re particularly damaging to DNA sequences in skin cells. They result in a specific mutation that they cause in adjacent base pairs and they are quite carcinogenic.

Sun safety: UV protection checklist

Risk-assess worker exposure and determine suitable controls; involve workers and their representatives

Provide workers with information and guidance

Limit workers’ exposure to the sun between 11am and

3pm by rotating shifts to cover this period or having longer breaks

Have canopies to shade workers if the type of work allows for this

Provide PPE that is UV rated –long sleeves, cool, lightcoloured fabrics that are

tightly woven, as well as hats with a net cover

Ensure that all workers wear waterresistant sunscreen no less than SPF30, and reapply throughout the day

Use the SunSmart Global UV app to guide workers on when to use sun protection

One key driver determining the burden of skin cancer in any given population, he explains, is the amount of sunlight different parts of the world are exposed to. For example, Australia and New Zealand have higher levels of UV, low latitude and relatively little cloud cover compared with northern Europe. And while pale-skinned people in such areas are most at risk, those with darker skin are also advised to wear sunscreen. All workers exposed to sunlight without protection are at risk.

Protecting the professionals

So what constitutes good UV protection for those professions most at risk, including agriculture and construction?

Dr Karen Michell, IOSH research programme lead, says: ‘With the hierarchy of control, no exposure is the safest, but it’s unrealistic as certain jobs have to be exposed. So you’re looking at making sure that exposure is controlled as best as possible.’

With that come engineering and administrative controls, as well as PPE. ‘Even though exposure may be less during the winter months, those key hours of

11am to 3pm would be a good time to not expose workers.’

Nigel Ashcroft CMIOSH (retired), former chair of IOSH Ireland branch, says changing shifts during this period can help. ‘Employers can rotate teams so that someone who would have been working all the way through the midday period would only work some of it.’

Nigel, a former ambassador for IOSH’s No Time to Lose campaign who also designed a Mechanisms of Cancer presentation as a means of incentivising workers, recommends ‘light-coloured clothing to reflect the sun – it needs to be tightly woven material’. Hats that ‘have tightly woven covers on the back’ are also essential.

For parts of the body that are still exposed, OSH professionals should recommend a sunscreen which is no less than SPF30 (See Sun safety: UV protection checklist, page 37). ‘It needs to be water resistant and workers must remember to reapply during the day.’

Roles and responsibilities

Getting workers to adopt these measures is a challenge, partly because of laissezfaire attitudes. Indeed, the YouGov survey also found that 16% of those who don’t use sun protection, such as sunscreen at work, claimed this wasn’t provided by their employer.

In terms of PPE, Dr Bálint Náfrádi, technical specialist in OSH data at the ILO, says: ‘It’s a responsibility for the employer to provide adequate PPE but it’s also an obligation for workers to cope with the equipment,’ he explains. ‘That’s the tricky part – when you get equipment which isn’t fit for purpose, whose fault is it for not using it?’

To avoid this, he says the ILO promotes discussions between employees, employers and OSH professionals. ‘Workers might have an idea how they can protect themselves because they do the work,’ Bálint says. ‘If they feel they are part of the process and their opinion is valued, compliance tends to be higher.

‘It boils down to good training and awareness raising. That’s also part of what OSH professionals can do and comes with regular reinforcement.’

Skin cancer: the stats

• Occupational exposure to solar UV radiation is now the thirdhighest attributable burden of workrelated cancer deaths globally

• Men are the most affected –melanoma is the 13th most common cancer in men and 15th most common cancer in women

• Skin cancer causes more deaths than transport accidents every year in Australia (1472 versus 1206)

• Occupational exposure to UV radiation is associated with a 60% increased risk of developing nonmelanoma skin cancer worldwide

• A third of non-melanoma skin cancer deaths are caused by working under the sun

• By 2038-40, there could more than 262,000 new cases of nonmelanoma skin cancer every year in the UK.

Skin Cancer Awareness Month in May aims to educate people about the dangers of skin cancer and encourage them to take preventative action.

This, Karen admits, is more challenging when workers are remote. ‘The importance is trying to get workers to understand that safe behaviours are not just about when somebody is supervising you, but it has to become a way of life for workers to protect their own wellbeing,’ she says. ‘It’s not the supervisor who’s going to get the cancer down the line, it’s the worker.’

The SunSmart Global UV app can support OSH professionals in this regard, she adds. It tells you what the UV levels are in your area and gives warnings. ‘You can see whether you’re low, medium or high risk and take precautions accordingly.

Australia is at the forefront of changing behaviours. This, David says, has come about

because of legal claims from workers. ‘There’s strict regulation now protecting workers and clear liability for employers,’ he explains.

‘There are previous cases in which successful claims have been made because people who developed melanoma could prove it was due to their past employment.’

It is worth noting that skin cancer can also affect workers at any age. Joshua Merrell, a 24-year-old farmer from Brisbane, Australia, has been diagnosed twice with skin cancer, something he puts down to direct result of sun exposure and lack of education about how to protect your skin, as Josh never wore sunscreen.

He adds: ‘You’ve got to keep educating each new generation of workers. It’s an ongoing process; it’ll never stop. You can’t ever say “we’ve done it” because people keep changing employment and coming into new industries.’

Getting the message across

Risk assessments are crucial in safeguarding workers, says Nigel. ‘These include asking if any employees work regularly outside, if they are exposed to higher levels of solar radiation during this period and if they are unprotected from the effects of solar radiation.’

And it’s important that OSH professionals do these risk assessments on-site, he explains. Health surveillance is part of this. ‘Encourage basic self-checks for mole or skin changes for outdoor workers,’ he says. ‘Get people to check each other as well, and consider annual skin checks by a trained health professional.’

Communicating is key when it comes to risk assessments, Karen says. ‘That’s where so many of these programmes fall short; the OSH professional goes in, completes a good risk assessment, says you need to do the following, but then the education and communication back to the worker is lacking.

‘All of those things you’re including in your risk assessment, communicate them to the worker, and make sure the worker actually understands, because without that understanding they’re not going to buy into what you need them to do.’

For references, see ioshmagazine.com/UV-protection

(ILO, 2023; International Agency for Research on Cancer and World Health Organization, 2022; World Cancer Research Fund International, 2023; WHO, 2021; Cancer Council (Australia), 2023; Cancer Research UK, 2023)

IOSH Approved Coaching for safety

“This course, its content and delivery, is nothing short of fantastic!”

UK EHS Manager, Armstrong World Industries

Drive a conversation by asking brilliant questions. Learn what active listening actually means in practise. Be solution-focused. Be person-centred.

Be the one to model collaborative behaviours for your team.

Tuesday 21st and Wednesday 22nd May 2024

HIE London Heathrow T5, London Road, Slough SL3 8QB

HAVSco developed the first personal Hand Arm Vibration dosimeter, which measures and records the actual vibration exposure at the point where the vibrations enter the hand, when using power tools.

The HAVSense dosimeter measures real exposure with no programming or changing data when swapping between tools.

No need to rely on inconsistent manufacturer’s datairrespective of which tools are used, how they are used or what they are used for.

Havsco developed the first personal Hand Arm Vibratio dosimeter, which measures and records the actual vibration exposure at the point where the vibrations enter the hand, when using power tools. No reliance on inconsistent manufacture’s data, irrespective of which tools are used, how they are used or what they are used for, the HAVSense dosimeter measures real exposure with no programming or changing data when swapping between tools. No guesswork, calculations or time recording, just simple HAV exposure measurements.

Havsco developed the first personal Hand Arm Vibration dosimeter, which measures and records the actual vibration exposure at the point where the vibrations enter the hand, when using power tools. No reliance on inconsistent manufacture’s data, irrespective of which tools are used, how they are used or what they are used for, the HAVSense dosimeter measures real exposure with no programming or changing data when swapping between tools. No guesswork, calculations or time recording, just simple HAV exposure measurements.

No guesswork, calculations or time recording - just simple HAV exposure measurements.

Measure personal exposure from tools, tasks, processes or even products, empowering you with real exposure data entirely to suit your operations and requirements.

Measure personal exposure from tools, tasks, processes or even products, empowering you with real exposure data entirely to suit your operations and requirements.

Measure personal exposure from tools, tasks, processes or even products, empowering you with real exposure data entirely to suit your operations and requirements.

Contact us for a free, no obligation demonstration at your location.

Contact us for a free, no obligation demonstration at your location.

Contact us for a free, no obligation demonstration at your location.

UHOW TO…

RESOLVE WORKPLACE CONFLICT

How can OSH professionals manage conflict in the workplace to ensure a harmonious and safe environment for all?

WORDS FIONA McKINLAY

naddressed tensions at work can incur big costs, whether you’re concerned for your people, your reputation or your bottom line.

Analysis by Acas, the UK’s Advisory, Conciliation and Arbitration Service (2021), estimated that workplace conflict costs UK employers £28.5bn a year, with 485,800 employees resigning each year due to conflict. These figures were calculated using the results of a Chartered Institute of Personnel and Development study where 35% of respondents had experienced workplace conflict in the preceding 12 months.

An American Psychological Association (APA) survey found that 19% of US workers describe their workplace as ‘toxic’ – and of those, three-quarters (76%) said that their work environment impacted negatively on their mental health (APA, 2023).

Esther Patrick, client account director at Keystone Training in the UK, which offers sessions on conflict resolution, says that the impact on health and safety is significant. ‘If you think about the typical effects of conflict – reduced communication, absences, “quiet quitting”, higher staff turnover, disruptions to work, information not shared and general bad feeling – it’s not surprising that it makes people less safe.’

WORKPLACE CONFLICT COSTS UK EMPLOYERS £28.5BN A YEAR

A popular mantra often credited to executive coach Harvey Goldberg is that the culture of a workplace is defined not by what it expects of its people, but by what it tolerates. In the age of social media, and with sites such as Glassdoor giving a platform for employee reviews, word gets around.

Safety issues can become severe as a result, ranging from missed safety checks to violence and harassment. So, how can OSH professionals manage conflict to ensure more positive outcomes?

Talk and listen

Poor communication is the top cause of conflict in the workplace (Myers-Briggs Company, 2022). Canada-based management consultant Eldeen Pozniak says: ‘When you bring together individuals who have varying capabilities and personalities, there’s always a potential for not feeling valued, understood or respected… But the more we have different personalities in an organisation, the more the organisation is sound, right?’

The solution, she says, is a combination of psychological screening, guidelines and emotional intelligence. She

and emotional

cites the Canadian National Standard Psychological health and safety in the workplace, the UK’s ISO 45003 and equivalent standards in other territories as key tools.

‘If you take care of those psychosocial factors, you’re decreasing the risk because you’re taking out the hazards and the environment that may promote conflict. But then you are also arming your workplace individuals, from frontline all the way to senior leadership, with some tools in their toolbox to be able to handle that.’

OSH professionals are better equipped than most to do this, she says. ‘I think, as a safety professional, we have to be armed because sometimes you are giving advice or trying to get people to do things they don’t want to do, and we get thrown right into the middle of a potential conflict situation. If we arm ourselves with emotional intelligence and the self-awareness that comes along with personality tests, self-regulation and empathy to be able to see other people’s motivation, we can pick up on the red flags.’

Have good intentions

The International Labour Organization’s Violence and harassment at work: a practical guide for employers (ILO, 2022) suggests that workplace violence and harassment cases ‘can be prevented by enhancing workplace relations and creating a culture of mutual understanding, trust and respect, where the entire workforce can work collaboratively in a happy, safe and healthy environment’.

Esther says: ‘When we get to know each other, we start to recognise the positive intent behind other people’s words and actions.’

UK-based Simon Cassin CMIOSH, managing director of Ouch Learning and Development, cites the principle of charity – assuming the best possible version of someone’s argument before you respond.

CONFLICT MEDIATION

Consider your processes

There’s no ‘one size fits all’ when it comes to policies and procedures, but Kompass Professional Development outlines seven steps a conflict mediator should follow:

1. Bring both parties together

2. Lay out the ground rules

3. Find the root cause of the conflict

4. Actively listen as each side has their say

5. Establish a desired outcome

6. Get participants to suggest potential solutions

7. Agree on a resolution and what must be done to make it happen.

It’s important to be aware of any relevant legislation that may shape your policies and procedures – and dictate how complaints are handled – particularly if a conflict involves harassment, violence or discrimination.

IOSH’s competency framework is a good way to make sure your people are developing the skills they need. Core competency 8 (leadership and management) specifically addresses conflict management, while more can be found throughout the framework – for example, ‘communicating effectively’, ‘providing constructive feedback’ and ‘active listening’. Relevant training is widely available.

Don’t ignore conflict

Dodging the issue is a tactic that we’ve all probably seen in practice. In fact, ‘Avoiding’ is one of the Thomas-Kilmann Instrument’s five conflict-handling modes (see How do you handle conflict? overleaf ) – and while there might sometimes be a legitimate reason to postpone a discussion, indefinite delay will often have a negative effect.

pi

‘The principle says you must be open to being challenged. So we should seek to listen and to understand, and that can help to reduce conflict.’

‘Most people still try to sweep conflict under the carpet,’ says Esther. ‘Managers

don’t always have the skills to nip things in the bud, and employees don’t feel it’s their place to address conflict directly themselves. It becomes the elephant in the room.’

Simon notes that businesses are often ‘reactive rather than proactive’ when it comes to addressing conflict – but he and others emphasise the benefits of giving a team the tools and support to diffuse potential conflict before it grows.

Esther says that conflict handled well is good for teams: ‘It’s a form of positive disruption. It often leads to improvements, higher performance and innovation. Don’t be afraid of conflict. Be afraid of conflict that’s ignored or handled badly.’

US-based conflict resolution expert Troy Stearns agrees, and says that conflict is simply a different point of view that ‘makes us all human’. He says: ‘My goal is to change people’s conception of the term “conflict” and make it a positive that can lead to engagement.

‘If a conflict is creating verbal abuse, emotional abuse or physical abuse, though, it is imperative to get administrative help as soon as possible because the conflict has become too caustic to resolve without assistance.’

How do you handle conflict?

The Thomas-Kilmann Instrument (TKI) test can assess your conflict behaviour and help identify areas where you might need to improve. The five modes it measures are:

COMPETING

Assertive and uncooperative, this mode can see someone fight or defend themselves, even at another person’s expense.

COLLABORATING

A solution-driven approach that looks to fully satisfy the needs of both sides through exploration and learning.

COMPROMISING

Both assertive and cooperative, compromising is a quick route to find an outcome that’s good enough, with concessions on both sides.

individual cases or commonalities, and devise strategies accordingly.’

AVOIDING

This could mean postponing a discussion or taking a strategic sidestep while not addressing either side’s concerns.

ACCOMMODATING

This self-sacrificing mode sees a person neglect their own concerns in a way that may convey generosity, or perhaps subservience.

better conversations and building stronger, more authentic relationships.’

Record and respond

Simon says one of the most powerful approaches to tackle workplace conflict is effective reporting.

‘If we’re not recording the incidences of conflict, then we are unable to recognise the type and extent of the issues and consider factors that may be influencing those issues.’

He has worked with organisations without a good reporting system, and by introducing one, he says, ‘we were able to gather data to give us a better understanding of what their teams were experiencing. From this, we could look at

An escalating situation should involve HR – but sometimes it’s hard to detach the issue from related safety concerns. Eldeen says: ‘As safety professionals, that’s where we sometimes are fuzzygrey with HR, because we’re in the field, or we’re using our skills, and the conflict might be around a safety issue, or something that could lead to a safety issue.’ This can lead to increased emotional investment in a dispute, Eldeen says, and ‘can contribute to a psychologically unhealthy work environment’.

Nurturing positivity

Esther says: ‘I can’t think of anyone who wouldn’t benefit from conflict resolution training. Whether you’re a leader, manager, supervisor, team member, parent, coach, workplace counsellor, union rep or anything else, we can all benefit from having

Keystone’s conflict resolution sessions, she explains, offer a safe space to practise new skills. ‘Participants learn how to hold courageous conversations, use the empathy model to provide a framework for those conversations, explore how to listen, learn how to give feedback and try to reach a positive conclusion. We also do plenty of skills practice, often with actors,’ Esther says.

‘Very few people enjoy the stress of conflict situations or the effects they have. It always comes down to having the courage to have a constructive dialogue. And that doesn’t come naturally to most of us – it’s a skill that needs developing.’

From nurturing a positive culture to making training a priority, there’s a lot we can do to keep honing how we handle issues – for our colleagues, our businesses and our safety.

For references, see ioshmagazine.com/ workplace-conflict

In 1971, the Asbestos Workers’ Survey was launched in the UK by the predecessor organisation to the GB Health and Safety Executive (HSE). A year earlier, new regulations on asbestos exposure had come into force, and the survey made it possible to monitor the long-term health effects of working with asbestos. All employees at workplaces covered by the new regulations were invited to attend voluntary medical examinations every two years, and those choosing to attend were also asked to take part in the survey. Over the course of 50 years, the HSE has gathered important data on how people working with asbestos have been affected, and it will continue to do so in the future. (For more information

on the Health and Safety at Work etc Act 1974, please see pages 30 to 35.)

Since the survey was launched, the UK government has acted further to reduce the risks of exposure. New regulations requiring a licence for carrying out asbestos work were introduced in 1983, and in 1985 the government banned amphibole, the more dangerous subtype of asbestos. This was followed in 1999 by a complete ban on the importation, supply and use of all asbestos. Amphibole includes blue (crocidolite) and brown (amosite) asbestos: blue is 500 times more dangerous and brown 100 times more dangerous than white (chrysotile) asbestos – although it’s widely accepted that no level of exposure to asbestos fibres can be considered safe.

CLOSING THE ASBESTOS KNOWLEDGE GAP

Asbestos was banned in the UK in 1999, and among the new generation of workers, awareness of the dangers is low. So what are the risks caused by legacy asbestos – and how do we make sure gen X and Z understand them?

WORDS KIM THOMAS

Asbestos exposure

26,000 mesothelioma deaths a year worldwide

2,500 mesothelioma deaths a year in the UK

1.5 M

Six million tonnes of asbestos are spread across 1.5 million buildings in the UK

500x

Blue asbestos is 500 times more dangerous and brown asbestos

100 times more toxic than white

RISK

Construction workers are particularly at risk from asbestos, because asbestos fibres can be released if asbestos is damaged during maintenance work

For more information on IOSH’s No Time To Lose materials about asbestos, visit iosh.com/healthand-safety-professionals/improveyour-knowledge/no-time-to-lose/ all-about-asbestos

A brave new world for OSH professionals

Explore the current topics affecting occupational safety and health today with us, from artificial intelligence (AI) and neurodiversity to climate change.

Session highlights:

Meet the COBOTS

An opportunity to meet SPOT, the canine-inspired COBOT, and explore its role in enhancing workplace safety.

Unlocking potential

With Dr. James Brown, who demystifies ADHD's impact on OSH and offers practical strategies for workplace support.

Come and see us on stand G140 for:

• information on how to make the most of your membership

• IPD advice for chartership progression

• details and advice on IOSH Mentoring and CPD

• conversations about IOSH training products and support to become a trainer

• advice on your OSH strategy with the IOSH for Business team

• networking with the IOSH Presidential team and community members

The Health and Safety Event

30 April–2 May

NEC Birmingham

Safety in the AI of the beholder

• an interactive OSH game with a prize for the top scorer!

Cam Stevens, internationally renowned global safety tech expert, brings AI and Industry 4.0's impact on OSH into sharp focus.

The UK is one of 66 countries to have banned the use of asbestos, a group that includes all the member nations of the EU. Some European states have particularly strong regulation: in Germany, the permitted levels of airborne asbestos are one-tenth of those permitted in the UK.

Asbestos is not banned in the US, however, and asbestos use is rising in developing countries. Several countries continue to mine and export asbestos, including Russia, Kazakhstan, China and India.

Thousands still die from mesothelioma

Every year, 2500 people in the UK die from mesothelioma, a disease that can only be caused by asbestos exposure (HSE, 2023a). Many more die from cancers (mostly lung, but also ovarian and laryngeal) resulting from asbestos exposure. The exact number is unknown: the HSE uses a figure of one lung cancer death per mesothelioma death, making a total of 5000 deaths a year (HSE, 2023b). However, Charles Pickles, lead campaigner and founder of the Airtight on Asbestos campaign, points to a 2023 paper by HSE scientist Lucy Darnton suggesting a ratio of eight lung cancer deaths for every mesothelioma death, which would, if correct, amount to 20,000 asbestos-related deaths a year (Darnton, 2023). Many of those deaths are the result of exposure to asbestos before the ban came in – mesothelioma can take 10 to 50 years to develop.

The HSE asbestos workers’ survey has helped to provide an understanding of how asbestos exposure is affecting workers’ health. About 2500 to 3000 surveys are returned annually, says Gillian Nicholls, principal epidemiologist and statistician at the HSE. It includes questions on the number of years spent working with asbestos, the individual’s current job and their smoking history. In 1987, the survey introduced more detailed questions about removal work and the methods used. In 2020, questions were added about health and quality of life to provide a more immediate measure of health outcomes, rather than simply relying on mortality data.

Inside Marks and Spencer’s revamped asbestos management

Since 2013, clothing and food retailer Marks and Spencer (M&S) has completely overhauled its approach to the management of asbestoscontaining materials; 60% of the estate was built before the year 2000, meaning asbestos must be considered as a potential hazard.

As Craig Barker, group property FHS and asbestos manager, says: ‘It’s our duty to have a management plan that supports us with managing the asbestos content across our estate, providing information to those that need it in a digestible, easy-to-access, easy-to-read format that supports our risk management and future strategy.’

There are a variety of different internal and external stakeholders involved in delivering 5000plus construction projects a year and thousands of maintenance tasks each week. Structure, controlling projects and accurate data were identified as paramount in successful risk management.

while storing the documents that make up the live register as part of the audit trail. A three-person asbestos management team acts as custodians of the data, and as a central point of contact for any work involving asbestos. For example, if there is a building project, the team makes sure the project is delivered in line with legal requirements, scope or specification and considers maximising opportunities regarding the eradication of legacy. This is a key part of the strategy for asbestos management.

Every maintenance or construction worker who carries out work at an M&S site is required to prove they are asbestos-aware through formal training. In addition, they are required to sit a short eLearning module that provides information to them on the M&S asbestos management arrangements. This brings to life the environment they are working in, covering a variety of topics to support the individual with safely carrying out any tasks assigned to them. Training is also provided to colleagues which covers the same principles.

One of the most important principles, says Craig, was to create and maintain a live electronic register, easily accessible through a portal, with detailed information about the location of asbestos-containing materials and any restrictions in place. The process for updating this is robust, typically when change occurs, including any asbestos removal works, condition inspections, floor layout amendments, pre-refurbishment surveys/demolition surveys. The key is to provide live information daily to those who need it

M&S’s asbestos management approach demonstrates that, even in a large estate where thousands of construction and maintenance projects are carried out yearly, it is possible to ensure that legacy asbestos is managed safely, and all workers are wellinformed of the risks.

As Craig points out, asbestos management needs to be part of a strategy based on risk. The short-term cost of implementing the safety measures and principles has led to a long-term gain – namely more effective and efficient asbestos management across the estate.

Greatest risk is posed by past work with asbestos

The survey has proved a ‘rich data source,’ says Gillian. Because of the long latency of asbestos diseases, she says, the main analyses so far have focused on data collected up to 2005. The analyses have confirmed the association between asbestos and mortality for lung cancer, mesothelioma and asbestos, and that the greatest risk to health is posed by past work with asbestos insulation.

‘One of the main challenges going forward will be disentangling the people who have worked with asbestos in past job roles or previous exposures from the current work that people are undertaking and the regulations that are in place,' says Gillian.

The analysis to 2005 has also found that asbestos removal workers have a higher mortality risk for asbestos-related diseases. ‘There is an indication that the more time they spent working in the stripping enclosures, the greater their increased mortality,’ Gillian says. The next step will be to look at the follow-up data after 2005.

Although asbestos use has been banned since 1999, the risk of exposure remains. An estimated 1.5 million buildings in the UK still contain asbestos (ResPublica, 2019). As

Mark Morrin, associate consultant at think tank ResPublica, points out, however: ‘There is no central database that can tell you which buildings contain asbestos, where it is within those buildings or what kind of asbestos it is.’

While asbestos is safe if undisturbed, schools and hospitals built in the 1950s and 1960s have now reached their end of life and, as they decay, asbestos fibres are released and can be breathed in. Tradespeople such as plumbers and electricians are at particular risk, but so are the people who work in the buildings: teachers and nurses are three to five times more likely to develop mesothelioma than the general population (ResPublica, 2019). Firefighters too are at elevated risk. ‘Anybody who works in an affected building should know about the existence of asbestos, where it is, what it is, but they don’t – and it’s alarming,’ says Mark.

AN ESTIMATED 1.5 MILLION BUILDINGS IN THE UK STILL CONTAIN ASBESTOS

One in five construction workers unaware of increased risk

The HSE is concerned that younger workers may be unfamiliar with the risks. A survey of construction workers by law firm Slater and Gordon (2023) found that 20% were unaware that people working in construction were at increased risk. A 2018 survey of construction workers by IOSH found that a third had never checked the asbestos register before starting work on a new site.

In response, the HSE has launched the Asbestos and You campaign to reach generation Z workers, particularly those who started working in construction after the ban in 1999, and educate them. All tradespeople, the HSE says, should be aware that there is a legal requirement to identify whether asbestos is present and could be disturbed. They should also know what measures need to be in place to control exposure to asbestos fibres. It has produced a guide informing workers of the places where asbestos might be located and practical steps they can take to avoid exposure. IOSH’s No Time to Lose campaign, which focuses on helping businesses take measures to reduce occupational cancer, emphasises the importance of tackling asbestos risk.

Linda Reinstein, who runs the Asbestos Disease Awareness Organisation, and whose husband died of mesothelioma, believes that workers ‘should know if they’re working with asbestos or have worked with it’. She notes that anyone who has worked with asbestos ‘can bring it home on their clothing, on their shoes’, thus causing other family members to be contaminated: ‘That ripple effect is a very important point to make for workers.’

Younger workers may not know someone who has died of an asbestos-related disease, and Linda stresses the importance of using new ways to reach them, such as Instagram or TikTok. ‘The opportunity to educate someone has to be clear, concise and shareable,’ she says. Global Asbestos Awareness Week, which runs this year from 1 to 7 April, is an important means of informing people about the risks.

For references, visit ioshmagazine. com/asbestos-awareness

Mesothelioma lung cancer: CT and PET scan

The use of Microsoft Teams and Zoom has become a normal part of our day-to-day working lives and has been integrated into the way teams collaborate. Although workplaces are seeing a steady increase in the return of the workforce to the office since COVID lockdowns, the use of video conferencing and messaging software has increased year on year since the pandemic.

But when should video recordings and chat messaging be disclosed if a regulator makes a request for them? And will legal privilege apply if a lawyer attends a recorded meeting or is a participant in a group chat?

When workplaces were closed worldwide in early 2020, businesses needed their workforce to continue to collaborate and meet online. For many, it was the first time they had used video conferencing in a meaningful way, but now it’s largely business as usual. In 2020, Microsoft Teams had 75 million active users; by the end of 2022 it had 270 million (Curry, 2024). Likewise, in 2020, Zoom had 300 million daily participants in meetings (Iqbal, 2024).

The technology has allowed us a greater degree of flexibility in how and where we work, and we have adapted to incorporate the technology into our work processes, but have you considered how the use of such technology can have an impact when a regulator comes knocking?

Enter the regulator

Many regulators have far-reaching powers to request information and documents from individuals and corporate entities. Following an incident, the GB Health and Safety Executive (HSE) will routinely request that an organisation provide documents or materials relevant to the issues it is investigating and, significantly, how an organisation has responded to an incident.

s

HSE can use its powers under section 20 of the Health and Safety at Work etc Act 1974 to compel its provision, and failure to comply is a criminal offence which could lead to prosecution.

A ‘document’ can mean any form of recorded information, including physical documents, emails, photographs, social networking messages, mobile phone messages, videos and even chats on Teams. If requested, organisations must ensure that they have adequately searched and located all relevant materials for onward disclosure to the regulator, across all possible platforms used by the business.

In a recent matter we have worked on, a regulator request prompted the searching and disclosure of tens of thousands of documents which were sourced from emails, personal mobile phones, work mobile phones, cloud-based servers, local servers and instant messaging chat functions. The

CHECK YOUR PRIVILEGE

Sophie Parkin, associate at Eversheds Sutherland, asks: how do the archaic principles of legal privilege apply to modern-day communications?

These requests can be wide-ranging and include materials the organisation holds in relation to a specific category of information (for example, physical location, piece of equipment, an individual, a policy/procedure and so on.). If this material is not provided voluntarily, the

h ical location, idual, a If this rily,

how do the archaic ege apply to modern-day mmunications?

ARE YOU CONTENT DISCLOSING OFF-THERECORD COMMENTS TO A REGULATOR IF AN INCIDENT OCCURS?

scope of sources of information is potentially wide and the exercise to locate and search documents can be an onerous and time-consuming one. As part of any document disclosure process, legal privilege will need to be considered to avoid inadvertently disclosing any privileged information.

Modern interactions

There are two types of legal professional privilege:

1. Legal advice privilege: this applies in relation to confidential communications between lawyers and their clients made for the dominant purpose of seeking or giving legal advice.

2. Litigation privilege: this applies in relation to confidential communications between lawyers and their clients, or the lawyer or client and a third party, which come into existence for the dominant purpose of being used in connection with actual or pending litigation.

While there is ongoing case law, which has evolved how and when legal privilege applies, the roots of these principles date back over the past five centuries.

So how does it apply to modern communication platforms, which can make unpicking privilege a little more tricky? For example, if an internal lawyer is part of a Microsoft Teams chat group, it does not follow that any direct communications with

BRIEF

How can organisations best protect themselves from inadvertently creating material that might later be unhelpful if it is in the hands of a regulator?

Ensure employees and the in-house legal team understand that legal advice should not be provided over chat functions –keep legal advice on email and ensure there is an agreed protocol in place for the giving and receiving of legal advice.

When video conferences are recorded and a discussion is subject to legal privilege, the lawyer present on the call should state at the beginning of the recording that it may contain legally privileged content and again at the beginning of providing advice to confirm the next part of the discussion is subject to legal privilege. A similar declaration should be made when the privileged discussion has ended.

If there has been an incident that is likely to be investigated and prosecuted by a regulator, and legal support (whether internal or external) has been engaged: (1) the legal advisers should formally record on a file note their view of the litigation risk and that all material generated in the course of responding to that investigation and any advice given is protected under legal privilege; and (2) the legal advisers should issue an email to named individuals setting out that any material is generated under legal privilege and in specific contemplation of likely criminal and/or civil litigation so that legal advice can be provided in relation to the anticipated litigation.

Although applying a title to materials including the words ‘legally privileged’ is not decisive, there should be some

tPractical reminders about privilege

inthetitleofthedocumentthat

record in the title of the document that the material could be privileged to avoid inadvertent disclosure without the content first being considered.

Video conference recordings, meeting minutes and transcripts containing privileged communications should be limited in distribution and have limited access; the files should not be stored centrally where numerous people could gain access.

Employees should be provided with guidance that any communications they make at work, even over chat functions, are potentially disclosable to a third party. While there is temptation to be informal in a chat message, employees should always assume a third party could read or review their communications so a level of professionalism is expected. The same can be said for posts on social media platforms, whether in a professional or personal capacity.

It goes without saying that businesses should have systems in place to protect data, including the requirement for secure internet connections (via VPNs or otherwise) to avoid data breaches and ensure confidentiality is maintained. is retained for a reasonable period of time. The period of time for retention will depend upon the business. If a regulator is investigating an incident or event, there should be a document hold placed on any potentially disclosable material so that it is not inadvertently destroyed of deleted in the course of that investigation.

e ions ata breaches and icies to ensure data from all ed eriod of time for retention will the an incident or event, there me ble material so t it is troyed tigation.

the lawyer or communications in chats in which the lawyer is a participant will be privileged. This is because, for privilege to apply, the dominant purpose of the communication must be to seek/give legal advice or be in contemplation of litigation. This means that only parts of the chat discussion might be privileged and each interaction with the lawyer would have to be assessed on its own merit.

Given that these chats tend to be continuous (and informal) in nature, often continued over weeks or months, it makes separating the privileged information difficult. There would also need to be an assessment of who was a party to such a chat, as there are considerations in relation to who can be deemed to be a client for the purposes of privilege.

The same type of issue arises for recorded video meetings. Many of our clients routinely utilise transcript or recording functions, which can be great for those taking minutes,

for those who cannot attend a meeting or so content can be accessed again. But many have not considered that this material is potentially disclosable to a regulator.

Principles to consider:

Meetings should not be routinely recorded or transcribed without first considering whether as an organisation you would be happy for the recording or transcript to be in the hands of a regulator investigating potential breaches of the law.

Often meetings are where informal discussions and ‘workings out’ take place, where we decide to take one course of action over another, allocate funding to one issue or another. While it can be helpful to retain corporate memory, this needs to be balanced against whether you would feel comfortable with that working out being reviewed at a later date and in a different context.

Chat function tends to be more informal and we may feel comfortable making off-the-record comments. Again, is this something as an organisation you are content to disclose to a regulator?

By their nature, recordings, transcripts and chat provide the ability to attribute specific comments and decisions to individual people and this may place those individuals under personal scrutiny at a later date.

The presence of a lawyer (internal or external) on a video call (or a cc into emails) does not mean the whole recording of the call or the transcript is subject to legal privilege. Parts of the recording/transcript may be subject to legal privilege if the elements of legal professional privilege apply and can be redacted or blanked out before providing it to a regulator.

For more information, visit ioshmagazine.com/legal-privilege

IOSH MANAGING SAFELY IN LOGISTICS

Examples of some of the additional subjects covered in this new course include:

•Safe use of racking

•Preventing drive offs

Approved IOSH course

•Parcel handling

•Safe use of forklift trucks and recharging

•Coupling & uncoupling

•Use of compactors and bailers

•Use of knives

• Shift work

•ADR

•Final mile/fulfilment

Feedback from attendees on previous courses include:

“ Excellent course , good warehouse examples and good workbook”

“ Very job relevant and good range of specific subjects”

“ Dynamic and knowledgeable trainer, good workshops and discussion”

“DCT are currently presenting this course for managers and supervisors at NISBETS national catering supplier”

Contact Dave Coggrave or one of his team at DC Training & Consultancy 07879 620917

david@dctraining.com or dctraining@btconnect.com

www.dctraining.com

N.B. In company courses only

HIGH FLYERS

The use of drones offers the prospect of quicker, safer and more efficient roof inspections. But it’s important that operatives are aware of their limitations and able to interpret the data correctly.

WORDS NICK MARTINDALE

Many innovative use cases for drones mean they have been used successfully for years to conduct roof inspections in various commercial, industrial and residential settings and to highlight any issues that may need attention.

There are obvious benefits here from a safety perspective, removing the need for at least some manual roof visits and cutting out some of the most dangerous aspects operatives face. ‘They eliminate the need for roof inspectors to walk on steep, elevated surfaces, reducing slips, trips and falls, which are a leading cause of workplace injury and fatality,’ says John Davis, owner and operational director of Springfield Steel Buildings. ‘Drones also avoid physical contact with weak surfaces, weather hazards, electrical lines and other risks.’

The GB Health and Safety Executive (HSE) has given the use of drones for roof inspections a cautious welcome. ‘Eliminating a significant issue like work at height has the potential for a positive

Risk assessment

According to the European Agency for Safety and Health at Work’s Unmanned Aerial Vehicles and OSH paper, the main risks with unmanned aerial vehicles (UAVs) are:

1. Injuring the drone operator (from physical to psychological)

2. Injuring the public (from physical to psychological)

3. Creating general damage to property, including the UAV itself

4. Privacy violation

5. Generating liability.

health and safety outcome, alongside other benefits like improved productivity,’ says a spokesperson. ‘Work at height is high risk and that is supported by the number of deaths and injuries reported to the HSE every year. In 2022-23, 40 workers died and 5118 employees were injured falling from height [HSE, 2023].’

Safety is not the only potential benefit. Ray Bone, president of the Association for Project Safety, also points to the ability to get jobs done quicker. ‘It can be done without having to put up scaffolding or use safety equipment,’ he says. ‘Where speed is of the essence, a drone inspection can be very helpful.’

Yet there are also issues organisations must consider, both practical and legal (see Risk assessment below). One of these relates to data and the need to interpret it correctly. ‘You need people well versed in interpreting the things they see,’ says Ray. ‘We all know flat images on-screen are not always as clear or easily interpreted as something you can eyeball directly. They can also provide more limited context as the view can be restricted.’

Taking off

Laleham Health & Beauty has used drones at two of its sites, in Alton and Andover in the UK. Steve Ball, health, safety and environmental manager, believes they can perform better than a manned team in some situations. ‘We initially rolled it out as an experiment,’ he says. ‘We found that the drone survey gave us a lot more detail than humans walking up and down the roof. It can look at the roof from different angles, and stand off and look side-on.’

On one site, the drone identified damage that a manned team would have been unlikely to spot, he adds. ‘We’d had a leak on the roof of the warehouse which we’d not been able to trace,’ he says. ‘With the photographs and our facilities engineering expertise, we were able to find out where it was entering but also see the damage from tracking across the roof. We could do all that from the drone’s photographic data.’

It can also help with insurance. ‘An annual roof inspection is part of our tenancy agreement,’ Steve explains. ‘It creates a record of the inspection so we can send that to the landlord if they request it, and we can show that we’re doing due diligence.’

The drones used by Laleham Health & Beauty are operated by Sentinel Flight Services, which was set up in 2023 and now has six pilots and 22 aircraft. The starting point, says managing director Adrian Rickett, is to take large amounts of photographs of the building in question and stitch them together into a 3D model, highlighting any potential issues and allowing for comparisons to be made over time.

The drones can also be used for thermal imaging, which can help identify where heat is escaping, for instance on a temperaturecontrolled warehouse or plant with equipment located on the roof. The company only allows its own trained operatives to use the drones, although other organisations with high levels of use may choose to run and operate their own equipment, with trained operators.

Data analysis

Effective interpretation of data is vital to the success of any project. At Sentinel, it is common for client teams to accompany the drone pilots, looking at images in real time and requesting angles or close-ups. Any issues can then be flagged on the 3D model, so clients know exactly where they are. ‘We always say that data-gathering is the business, and the drone is the means to gather the

information,’ explains Adrian.

‘We have systems and software that we share with clients where you can in real time go along the 3D model of the roof, drop pins on every single issue and put a cost estimation in there,’ he adds. ‘That produces a PDF report with a photograph of every single issue. Most clients don’t need reams of photographs of roof space where there’s nothing wrong.’

Any sort of data collection can potentially open up privacy concerns. Adrian says there should be an agreement on how long the data is stored and when it is destroyed.

Drone operators need to be careful, he adds. ‘The vast majority are not experts in anything other than the operation of drones and data analysis,’ he says. ‘They are not surveyors or health and safety professionals, so they should stay in their lane. That means working with the people who are experts.’

In future, there’s potential for artificial intelligence to become part of the mix too, according to one paper (SkyLexus, 2023).

‘Deep learning presents opportunities for enhancing automatic hazard identification, improving data analytics, and potentially enabling more autonomous drone

DATA-GATHERING IS THE BUSINESS, AND THE DRONE IS THE MEANS TO GATHER IT

Flying by the rules

In the UK, there are no specific rules around the use of drones for inspections, but there are around flying drones in general.

While the HSE has responsibility for some work activities, other regulators include the Office for Road and Rail, the Office for Nuclear Regulation and local authorities. Which body is responsible for what is covered by The Health and Safety (Enforcing Authority) Regulations 1998 (legislation.gov.uk).

The UK Civil Aviation Authority (CAA) has the main responsibility for setting the requirements for ensuring the safe use of non-military machines during open air flight.

The main rules covered in the CAA’s Drone and Model Aircraft Code include the following:

Never fly more than 120m (400ft) above the surface

Always keep drones in sight

Never fly in an airport’s flight restriction zone without permission If a drone has a camera (unless it is a toy) or weighs 250g or more, then the operative (rather than the drone) needs to be registered with the CAA. This must be renewed every year

Anyone flying a drone weighing 250g or more needs to pass a test and get a flyer ID from the CAA. The CAA recommends that anyone flying a drone undertakes the learning and test, regardless of whether they are required by law to hold a flyer ID

There are no specific drone privacy rules. This is covered by existing laws.

For more information visit

caa.co.uk/drones

operations in the future,’ it states. ‘But the lack of fully automated computer vision-based systems means that human intervention is still required for data analysis and decision-making.’

Risk reduction

There are also rules to follow (see Flying by the rules, left) and risks that must be managed. ‘First, decide what drone best suits your needs and then – based on its size and where you want to fly – check with the CAA whether you need any extra permissions or approvals beyond the basic registration and flyer ID,’ says Kevin Woolsey, head of remotely piloted aircraft systems at the CAA.

‘Always check the airspace before you fly using the official websites or a third-party app that pulls from official data. Make sure you think of the safety and privacy of others, and use your common sense. If you are thinking of flying somewhere but have concerns, then it may not be the best place to fly.’

The message from the HSE is also around taking a cautious approach. ‘As with other work activities, it is important that a full and thorough risk assessment is undertaken, the drone is suitable for the work, properly maintained and used in accordance with reasonably practicable controls by individuals who are appropriately trained and competent,’ its spokesperson says.

‘Their suitability for a task needs to be properly assessed and their use needs to be effectively controlled to ensure that there is an overall reduction in the risk profile of any roof inspection activity.’

There are also limitations to the use of drones. ‘There are still some evaluation aspects of roof inspection that demand physical human intervention,’ says John. ‘Drones cannot currently touch, prod or apply pressure to roof sections to gauge soundness, give way or hazards in real-time.

‘While drones may identify visual signs of deterioration or deficiencies, only trained

professionals can manually disassemble components to inspect connections underneath and make repairs if needed.’ It’s a similar situation with thermal drones, he adds, where humans need to verify findings through moisture meter analysis.

‘Drones offer significant advantages in inspections,’ concludes Ruth Wilkinson, IOSH head of policy and public affairs. ‘Their use comes with challenges that need to be addressed, particularly in data management, regulatory compliance and ensuring they complement rather than replace the human element in safety inspections.’

Steve Ball already has ideas around future applications at Laleham. ‘We might explore rack inspections inside the warehouse with a small drone,’ he says. ‘Currently we have operators manually looking at every single bolt. That could be very valuable.’

For more information, visit ioshmagazine.com/drone-roof-inspections

BUSINESS

ELEVATE OSH IN YOUR ORGANISATION

BAD VIBRATIONS

Hand-arm vibration syndrome (HAVS) impacts some workers but not others, and at wildly different exposures. So what can employers do? And can technology help predict who might be at greater risk?

WORDS PETER CRUSH

When Jason Johnstone first noticed that his fingers became pale and numb after long stints with power tools, the former New Zealand-based panel beater and welder did what many people in the early 2000s did – largely ignored it and hoped it would go away. But when he met his general surgical registrar wife in 2014, she instantly recognised his symptoms as those of HAVS: vibration had caused damage that sends nerve endings into vascular spasms, restricting bloodflow to the extremities. Jason’s 20-year exposure to vibration meant the damage was permanent.

But if the hope is that things might have improved since then, Jason, founder of Vibration Action, says he’s not convinced. ‘A few months ago, I was in a UK cafe, watching a guy outside with a jackhammer. He was on it for an hour straight without any breaks. I had to really resist the urge to go out and say something.’

His observation is backed up by the GB Health and Safety Executive (HSE). Figures released in late 2022 revealed that new HAVS cases hit 300 in 2021 – a rise of 375% on the previous year (the largest rise in five years). Meanwhile, there were 150 new cases of carpal tunnel syndrome (numb hands and fingers) in 2021 – up 275% on 2020 (HSE, 2023a).

In one of the biggest recent cases – involving PSV Glass and Glazing, where dozens of workers developed HAVS after using vibrating tools to remove window adhesive – a fine of more than £200,000 was issued. But despite all this, the HSE estimates that up to two million people are at risk of vibration exposure every day. Claims for vibration white finger (VWF) now represent 9% of all employers’ liability cases.

‘While rises in diagnosed cases may be linked to increased awareness of HAVS, I think there is still room for improvement, from employers being better at tool maintenance to introducing programs that encourage workers to use protective devices,’ says Kristine Krajnak, research biologist at the US National Institute for Occupational Safety and Health.

Some suggest that having a specific number creates a red-line level that too many employers will simply go up to rather than aim to reduce or eliminate altogether.

‘By just working up to the limit, a company isn’t controlling employee vibration exposure,’ says Teli Chinelis, an associate acoustic consultant with Cahill Design Consultants, a member company of the Association of Noise Consultants. He investigates around 40 HAVS cases per year and says relying solely on tool manufacturers’ guidelines may not be enough. ‘I get worried when I see companies relying on risk management devices because often these devices are not measuring the correct value – for instance, they’re maybe not measuring vibration output when held at the angle the tool is being used at.’

NEW HAVS CASES HIT 300 IN 2021 – A RISE OF 375% ON THE PREVIOUS YEAR

He adds: ‘Vibration metrics at the wrist are not suitable; you need to be measuring actual vibration that goes into the hand in accordance with the relevant standard that the vibration regulations are based on. Different tool types are measured differently, and have different measurement methodologies. What’s often forgotten too is that the dose is cumulative. A person can still get HAVS at exposures of below 2.5m/s2 A(8), so a device won’t help here. The key is to control vibration exposure so as to reduce it to as low as practically possible and hopefully to ensure that you eliminate it altogether.’

Gavin Scarr Hall, director of health and safety at Peninsula, adds: ‘Awareness among large firms is good, but it’s small and medium-sized enterprises that need to play catch-up. It’s not that they’re blatantly ignoring safety – it’s more that they often don’t know what to do.’

Despite the rules seemingly being abundantly clear – the Control of Vibration at Work Regulations 2005 state that a daily exposure action level (EAV) should be no higher than 2.5m/s2 A(8), where eight represents an eight-hour period –their wording is less prescriptive, saying employers must ‘assess and identify measures to eliminate or reduce risks from exposure to hand-arm vibration’.

Vibration measurement tools’ accuracy can also be impacted by temperature because colder environments are already reducing bloodflow to certain areas of the body. Smokers are also inherently at higher risk because cigarettes can cause circulatory problems.

For this reason, Teli and others advocate more of a constant ‘surveillance approach’. Debbie Williams, principal health and safety consultant and director at UK-based Compass Skills Training, works with firms to help them comply with regulations. ‘All employees using vibration tools should at least have a tier 1 assessment (to see if they have any potential symptoms before starting work), rising to tier 2 (an annual questionnaire for staff using vibrating tools) to see if issues are arising.

If symptoms are identified there, staff move to tier 3 and 4 assessments (declaration of symptoms and diagnosis of HAVS).

‘Workers often don’t want to report emerging problems because they don’t want to lose their jobs, even though often they can be assigned alternative tasks. A culture of honest reporting must be at the forefront.’

Debbie says she prefers this approach because, even with monitoring technology, vibration readings change (mainly as a tool gets older), meaning that measurements taken a while ago should not be relied on.

‘People may also get higher exposures if they are using tools under pressure to get a job done, which means they might be gripping the tool harder than they need to and getting more vibration,’ she adds.

The HSE has just updated its risk assessment and advice on measurement and monitoring. Debbie says she sees ‘huge discrepancies’ between the vibration levels manufacturers claim their tools have and what she measures. The new HSE guidance seems to acknowledge this too. It says: ‘HSE has found that different electronic monitoring systems can vary by up to 20% when monitoring the same task’ (HSE, 2023b).

The guidance warns against confusing electronic monitoring systems with vibration measurement systems. It concludes that while ‘monitoring can help you make an initial assessment of exposure, or limit exposure’, ultimately ‘you only need to

OBVIOUSLY, NOT USING A TOOL AT ALL IS BEST, BUT THEY CAN’T ALWAYS BE AVOIDED

measure vibration magnitudes if you cannot get suitable data for your risk assessment from alternative sources’.

Kristine says that several international bodies are now coordinating their work by testing the same tools at different sites to see what readings they each get. She also says there is technology that employers can use to detect HAVS earlier. ‘Tools now exist that send an electrical impulse through a finger,’ she explains. ‘This is not impacted by changes in ambient temperature.’

Jason says this is why he has developed gloves with sensors that measure vibration at the fingertips, hand and cuff. These measure vibration at the point of contact (including the angle a tool is used at), and will light up when an exposure limit has been reached. ‘We can also set an alert, so it will warn people when, say, 80% of their exposure limit has been reached,’ he says. There are 10 companies currently testing the product.

In the meantime, employers also have other interventions at their disposal. Tools can now be bought with better handles that absorb more vibration, while OSH professionals can consider rotating people.

‘Training around using tools correctly is also important,’ says Debbie.

At the other extreme, some companies are investigating eliminating human use of vibration power tools by using remotely controlled tools.

No silver bullets

But some tools specifically exist to vibrate, such as sanders or grinders. ‘Employers have to make a call between using a tool that can efficiently perform the job versus one that is not as efficient but may put less stress on the worker,’ says Kristine. ‘Because employers can’t know “who” might get HAVS, they simply have to assume they “could” and so should put interventions in to minimise or eliminate vibration.’

Gavin says: ‘I would probably only use monitoring tools for those who are assessed as being at potentially greater risk. The danger would be using your own measurements to push working up to certain limits. A risk assessment should start by monitoring a person’s susceptibility to HAVS and looking at their entire working day, as they might be switching from one tool to another. Single-tool measuring is not enough.’

Is vibration exposure then simply an occupational hazard that firms can only minimise rather than get rid of altogether?

‘Newer tools are much better – they have vibration suppression built into them,’ says Jason. ‘Obviously, not using a tool at all is best, but they can’t always be avoided.

‘Employers must be cautious of some “silver bullets” too. Rio Tinto reportedly tested using vibration-reducing gloves, but these won’t typically work because users can’t feel as much through the gloves, and could end up gripping harder.’

‘Companies should also have a maintenance programme for tools, which will reduce vibration,’ concludes Debbie. ‘In my experience, many don’t proactively do this, and only do so when they get a visit from the HSE.”

For references, see ioshmagazine. com/HAVS-monitoring

Tasks such as jackhammering carry a greater risk of vibration exposure

Working on wellbeing

What factors do OSH professionals need to consider when promoting a rounded approach to wellbeing culture?

WORDS MATT LAMY

’An employer has a legal duty of care for the health and wellbeing of their employees. That’s law and hasn’t changed for decades,’ says occupational wellbeing expert Sir Cary Cooper.

‘But even if you don’t focus on wellbeing for any other reason, every organisation wants to avoid long-term staff sickness absences. In the last data I saw, 57% of people with long-term sickness absences in the UK were off work due to the common mental health issues of anxiety, depression and stress [Stewart, 2022]. Those are the leading cause of absences; it’s not musculoskeletal any more.’

For all its legal and practical rationale, the current increased focus on employee wellbeing is partly due to two developments: the influence and integration into the workplace of generation Z – people born from the mid-to-late 1990s – and the COVID-19 pandemic.

Because of this, since 2020 global professional services network Deloitte has added in-depth questions about mental health, stress and anxiety levels to its annual Gen Z and millennials survey (see Gen Z and millennial data overleaf). The 2023 edition of the survey of almost 23,000 gen Z and millennial workers from 44 countries showed that, despite the pandemic having passed, the wellbeing issues it highlighted are far from resolved (Deloitte, 2023a).

‘Over the last three years, there has been almost no change in stress and anxiety levels. We ask a question about how frequently people feel stressed and anxious. This year, the results show 46% of gen Z and around four in 10 millennials say that they feel stressed or anxious all or most of the time,’ says Deloitte’s global chief diversity, equity and inclusion officer Emma Codd.

‘In terms of what’s driving this, personal finance and family wealth are the most prominent external stress drivers. And there’s a vicious circle in that around eight in 10 millennials and gen Z are concerned about their own mental health, which is adding to the stress and anxiety.

‘But the big things for me are the workplace issues. More than 60% of the

people who say they feel stressed or anxious all or most of the time report that heavy workload, unhealthy team cultures, an inability to be their authentic self at work and poor work/life balance are significant drivers of this stress and anxiety.’

Flexible working

One solution that gained prominence during the pandemic was the adoption of hybrid or flexible working.

‘Young people won’t accept jobs now that don’t have some elements of hybrid or flexible working. They want to go into work – particularly when they are in the early stages of joining a workplace because that’s where they make their social contacts and

If we are to be more productive, we must embrace flexible working

FEELGOOD FACTORS

Key ingredients

that’s where they learn – but commuting is expensive,’ Sir Cary says.

‘If we are to be more productive, we must embrace flexible working, not just hybrid working. Whatever we do, we mustn’t mandate that people have to be in five days a week – that is counterproductive to what human beings need, especially given the technology that we have access to.’

Interestingly, the type of remote access technology to which Sir Cary alludes could have benefits beyond just wellbeing. Sarah Kenny OBE, chief executive of global maritime consultancy BMT, has seen some unexpected results from turning to more virtual forms of working.

‘I noticed quite a significant shift [in who was requesting flexible working] prepandemic and post-pandemic. It used to be all about younger people, but now I have noticed more mid-career people feeling the same way. People want to feel enriched and have different expectations about what they are going to get and going to give when they come to work. I think we have seen a societal

The IOSH report The whole worker experience: worker survey reflection, suggests that a sense of wellbeing at work involves the following 15 factors:

shift that isn’t going to go away just because the pandemic has gone away,’ Sarah says.

‘But that is a good thing because it means that people who historically might not have had a voice suddenly feel better able to speak because they are meeting virtually on Teams in a different environment. You could almost say we have democratised access, information and contribution.

‘As a chief executive, it has given me an ability to tap into a massive bank of people who I might not have had such ease accessing previously. So I think there is something about the way that we all work digitally now that has enabled the democratisation of this space and changed the game.’

Wheel of wellbeing

But in-work contribution and – as Sarah puts it – ‘democratisation’ of access to the full organisational structure is a key dimension in achieving better wellbeing.

Last year, IOSH published its report The whole worker experience: worker survey reflection (IOSH, 2023). Authored by IOSH’s thought leadership manager Dr Chris Davis, the report looks at the results of a worker survey IOSH commissioned in 2022, which asked more than 2000 workers and almost 1000 line managers and leaders how people were feeling at work. Those results led Chris to the conclusion that wellbeing at work can be influenced by a wheel of 15 different dimensions (see Key ingredients, page 63).

‘Despite the fact that wellbeing is quite a well-discussed concept, I don’t think that discussion has led to a great deal of alignment in terms of what wellbeing means to individuals or employers,’ Chris says.

‘Our wheel of 15 outcomes reflects the fact that, while wellbeing does relate to an individual’s physical and mental health, it also incorporates so many other factors relating to somebody’s experience of work. That goes from the real basics around somebody’s ability to do the job – their competence and how engaged they are when they are doing it – to their feelings of safety, health and comfort. Then there is the broader picture of the quality of their relationships at work and how they feel they are supported or valued.’

Gen Z and millennial data

Deloitte’s 2023 Gen Z and millennials survey revealed that 46% of generation Z and 39% of millennials feel stressed or anxious all or most of the time (Deloitte, 2023a). However, that headline data has some interesting finer details too.

‘There are significantly higher levels of stress and anxiety for women compared to men: 54% of gen Z women say they feel stressed or anxious all or most of the time versus only 37% of gen Z men. Even among millennials, 8% more women are likely to feel stressed or anxious than men,’ says Emma Codd, Deloitte global chief diversity, equity and inclusion officer. ‘Nearly a third of gen Z say they don’t feel comfortable speaking openly

with their manager about stress and anxiety, and more than half who have taken time off to address mental health challenges did not tell their employer the real reason.

‘Worryingly, in our 2023 Women@ Work survey, only a quarter of the women polled said that they felt comfortable talking about mental health in the workplace, which was down from 43% the previous year [Deloitte, 2023b].

‘We don’t know how the data compares with other generations, but we are part of the Global Business Collaboration for Better Workplace Mental Health, which will be publishing research looking at all generations in the workplace this year.’

Even in the context of this more complex, expanded view of wellbeing, Chris says that different generations of workers – and even workers in different sectors – will prioritise different dimensions of wellbeing.

‘For example, somebody working in a really high-hazard job is probably going to place more emphasis on feeling safe than somebody in a lower-hazard job,’ Chris says.

‘If we look at generational differences, in the UK somebody who is now approaching retirement age entered the workforce around 1973. The difference in terms of wellbeing expectations between that worker and somebody who entered the workforce in 2023 is going to be massive. This multidimensional concept of wellbeing, if fully understood, is a useful way of navigating the generational differences between workers.’

A question of culture

When it comes to assessing solutions, Chris says, we need to be equally nuanced.

‘The researcher in me suggests that the longer-term impacts of home-working, for example, haven’t yet been realised and may only become apparent over time,’ he says.

‘For all its apparent benefits, I would say that remote working also offers potential for less positive impacts, such as loneliness, lack of support and the loss of the social relationships that workplaces facilitate. I think there is certainly the potential for negative impacts, and I am not convinced that we fully understand what they are yet.’

Workers’ experiences are also varied, and wellbeing may not be equitable across the workforce. There can be important differences along the lines of gender identity, ethnicity and sexuality.

‘One of the most significant findings in our Women@Work survey this year was the positive impact that flexible working has on retaining women, and that’s linked to wellbeing,’ says Emma.

‘But we also had data that 97% of women surveyed would be really concerned about even asking about flexible working as they felt they might be judged and it would affect career progression [Deloitte, 2023b].

as the ISO standards, one of the things that is valued is consultation with workers on the processes that impact them. Such elements can sometimes sound like quite a procedural thing – “we can tick off consulting with workers because they’ve been made aware” –but those touchpoints with workers are good opportunities not only to make workers feel safe and healthy, but also to make them feel more engaged, valued and supported.’

Looking to the future

Emma agrees that the personal experience of interacting with an organisation is key to maximising workplace wellbeing. ‘We have data that shows employers are providing more and more support in terms of apps and other resources. But the usage levels of these are really low, which speaks of stigma and culture. That’s the critical thing: it’s the ability to disclose issues without concern that is often still missing.

Work still has to be done in removing stigma from wellbeing issues

‘What I would like to see is the recognition that work still has to be done in removing stigma from wellbeing issues. People need to feel supported and able to speak up, and that comes down to culture.’

The question of culture brings us to the OSH professional. After years of promoting safety culture in workplaces, what should our role be in promoting a wellbeing culture? Chris says an important step is to focus not just on data, but the individual’s experience.

‘While I recognise that there is a huge amount of value in having good data related to wellbeing topics because it can drive improvement, it has to come armed with some sort of profound recognition of the personal, human level of work,’ he says.

‘If you look across a lot of standards, such

‘As organisations, we need to take a step back and address the causes rather than just providing support. The trouble is, prevention might mean a fundamental shift in how we work.’

Sir Cary has probably done more than anybody in trying to understand and address wellbeing in the workplace. ‘People are under enormous stress and pressure in life right now. They feel they have very little control in general [because of] the cost-of-living crisis, and now we have multiple wars with Ukraine and the Middle East,’ he explains.

‘When we think about the workplace, though, we can create a different kind of culture – one where people feel valued and trusted and can produce for society. Our big challenge is: how do we create a workplace environment where people feel that they are engaged, valued and trusted, have some autonomy and control over their job, and have a sense of purpose?’

RPowering up

YOUR PEOPLE

WORDS PETER CRUSH

Being able to raise concerns is critical to a positive safety culture. How can workers be supported to speak up?

achael Crozier CertIOSH, Thermatic Group’s health and safety director, says she would be delighted if she received notifications about the same on-site hazard multiple times in a single day. ‘I’d much rather staff felt comfortable with – and got into the habit of – reporting potential issues, rather than feeling worried about what is or is not worth taking notice of,’ she says.

For many, this exactly describes the health and safety benefits of the concept of employee empowerment – which is known to emanate from, but also contribute to, a positive safety climate. Data from the GB Health and Safety Executive (HSE) suggests that accident rates are significantly lower where employees genuinely feel they are empowered around safety matters (14%), compared to those where they do not (26%) (HSE, 2023).

According to Karen J. Hewitt, author of People Power: Transform your business in the era of safety and wellbeing, the concept

of empowerment is the very embodiment of ‘giving staff power, rather than having them feel powerless around health and safety’ (Hewitt, 2021).

Far from empowerment absolving OSH directors of their own duties, Karen says that ‘empowerment actually creates a culture where everyone takes responsibility’.

Accident rates are significantly lower where employees genuinely feel they are empowered

Peter Bohan CFIOSH, associate director, occupational health, safety and security at Betsi Cadwaladr University Health Board, in North Wales, agrees: ‘In circumstances where employees feel they may be blamed, they will be less likely to raise concerns. In contrast, staff who are empowered will be more engaged and feel part of the solution rather than the problem.

‘Empowerment works because it gives everyone the feeling that they can raise their voice in the knowledge they’ll be listened to and have concerns acted upon.’

Speaking up

She adds: ‘Poor cultures encourage people to keep their heads down and not to speak up for health and safety issues, because if they do, there might be career repercussions for them.’

Although Karen says it’s difficult to always correlate disempowerment with poor safety, she says that in more than a decade of looking at accident reports ‘you often see that someone in the workplace had an opportunity to say something that might have prevented the accident, but for some reason did not’.

Crucially, empowerment is very different from whistleblowing – which is very much an activity of last resort. ‘Empowerment is not about people telling tales,’ says Tiffany Argent CMIOSH, health and safety manager at ALL.SPACE. She insists that real empowerment relies on the buy-in of management. ‘Health and safety is not down to health and safety leads – everyone is responsible for safety,’ she says. ‘Empowerment is about giving others the ability to lead safety too – the autonomy to speak up if their colleague is working unsafely. It’s creating opportunities for safety to be collaborative.’

Removing stigma

Destigmatising reporting was central to the sense of empowerment Peter wanted to create while he worked on implementing the NHS’s ‘Speak out Safely’ initiatives, and he says he also supports the notion that empowered staff tend to have much better personal wellbeing too.

‘When people feel able to control their working environment, their psychological wellbeing is in a much better place too,’ he

observes. This is covered in IOSH’s Catch the Wave campaign, which focuses on the link between wellbeing/human capital and good workplace safety.

for the likes of Cadbury, Kraft Foods and Coca-Cola – adds: ‘The more people can talk about facing hazards, the more people feel they can make a difference.’

Kim Clark, operations manager and senior consultant at Guardian Support – who has spent the last 15 years working

HOW IT HELPS

Responsible empowerment

Employee involvement in OSH management correlates to a more positive health and safety climate.

77% of employees feel encouraged to raise concerns in a good health and safety climate compared to 20% who feel encouraged to do so in a poor health and safety climate.

Rachael says she encourages a sense of empowerment by developing more visible leadership and training about hazard spotting being everyone’s responsibility. ‘We also give staff the authority to act on the spot, and remedy a problem immediately rather than simply report it,’ she says. ‘It’s about them knowing that while they personally may not be going back to a particular site, one of their colleagues could be, so closing down a job if they feel it warrants it is completely their responsibility.’

Awareness of at-work risks is higher where there is employee involvement (62%) compared to where there is no involvement (28%).

(HSE, 2023)

But it’s this latter element – giving people the power to act, not just to speak

up – which explains why experts also believe that empowerment needs careful attention. ‘Empowerment breaks down if people do things that then introduce further hazards and/ or people do not feel they’re being listened to,’ says Kim.

Peter adds: ‘When people feel they are competent but perhaps lack the relevant skills and training, then empowerment is dangerous. Complete empowerment is not good without the right skills. People need to be capable and competent, because being empowered is also a responsibility.’ Others also talk about the dangers of ‘familiarity blindness’ – where empowered people incorrectly assume that someone else has already dealt with something they spot.

Rules of engagement

Karen argues that there is a need for staff to be taught the best ways to properly speak up, so that the correct ‘rules of engagement’ are followed. She says: ‘Empowerment needs practising in a measured way, otherwise there’ll still be the risk that the people on the receiving end will get defensive and “bite back”. People need to know how to speak out for safety constructively, without triggering a negative reaction.’

This is something Rachael says is particularly relevant to her, as her engineers are on clients’ sites, so they are

potentially criticising their own clients: ‘Someone else’s plant is something we’re not technically responsible for, but we just try and make sure any reports are seen as a benefit to the client,’ she says. ‘That alone makes empowerment a worthy pursuit.’

So is empowerment really the missing ingredient to good health and safety? Absolutely, says Peter. ‘In an ideal world, you’d want the health and safety director to be redundant because everyone else is empowered to take on the mantle of safety.’

Karen adds: ‘The challenge is that many people still don’t feel they can speak out, so this is the area that health and safety leaders – working with HR – can really take a lead on. Work on improving people’s psychological safety to speak up, and organisational safety will surely follow suit.’

HOW TO... Create the right culture

Research published in the Harvard Business Review found that empowerment starts at the top, and leaders perceived as empowering were more likely to delegate authority to their employees, ask for their input and encourage autonomous decision-making. Employees who thought their leaders were more empowering were themselves more likely to feel empowered at work.

(Lee et al, 2018)

Create a ‘just culture’ – one recognising that accidents tend to be the fault of organisational culture, not individual behaviour. According to an NHS study into links between empowerment and patient safety, the higher the nurses’ perceived level of just culture and level of empowerment, the better their performance around patient safety activities.

(Kim and Yu, 2021)

s to a incr con tha add of s t c n T sa

Concentrate on job enrichment (the addition to a job of tasks that increase the amount of employee control or responsibility) rather than job enlargement (the addition of tasks at the same level of skill and responsibility).

rate ent ition of ity) rather t he same level same ility).

EVIDENCE

EXPLORE THE LATEST RESEARCH

Research wrap-up

TOPIC: Staff turnover in nursing aides

TITLE: Examining the predictors of turnover behaviour in newly employed certified nurse aides: a prospective cohort study

PUBLISHED BY: Safety and Health at Work

SUMMARY: A longitudinal study of 300 participants examined the predictors of turnover behaviour in newly employed licensed nurse aides in Taiwan. Five questionnaire surveys were conducted to collect information on turnover behaviour, personal socioeconomic background,

workplace psychosocial hazards, worker health hazards and musculoskeletal disorders. The results indicate that employment period, work as a home nurse aide, monthly salary, work mental load, workplace justice, workplace violence, workrelated burnout, mental health and total number of musculoskeletal disorders are predictors of turnover behaviour. In other words, the turnover risk was lower for newly employed certified nurse aides if they had longer working experience, had worked as a home nurse aide, had a high monthly salary,

Recent papers look into staff turnover among new nurse aides, recurring occupational accidents, metabolic syndrome, information systems and mental health in the workplace.

a low work mental load, high workplace justice, low workplace violence, low work-related burnout, good mental health and a lower total number of musculoskeletal disorders.

READ REPORT AT:

bit.ly/SHW-staff-turnovernursing-aides

TOPIC: Recurring occupational accidents

TITLE: Scoping review of the occupational health and safety governance in Sudan: the story so far

PUBLISHED BY: Safety and Health at Work

SUMMARY: Sudan is an example of a lower and middle-income country (LMIC) where occupational accidents occur frequently. This recurrence is seen as evidence of a lack of effective OSH governance. A scope review of research articles on OSH governance was conducted using a variety of sources, including international websites, official government websites, original research articles in journals and various reports, while the review itself was conducted in five stages. The researchers found there are numerous laws in place, but no evidence

PUBLISHED BY: Scandinavian Journal of Work, Environment and Health

cross-sectional mixed method study

TOPIC: Mental health in the workplace

of enforcement and no identified official bodies at the national level responsible for it. They concluded that having multiple authorities with overlapping responsibilities hindered OSH governance in Sudan. They proposed an integrated governance model be introduced to eliminate overlapping duties and to facilitate the participation of all stakeholders in the governance process.

READ REPORT AT: bit.ly/ SHW-recurring-accidents

TOPIC: Metabolic syndrome and premature employment exit

TITLE: Metabolic syndrome increases the risk for premature employment exit: a longitudinal study among 60,427 middle-aged and older workers from the Lifelines Cohort Study and Biobank

SUMMARY: Metabolic syndrome (MetS) is the name for a group of health problems that put you at risk of type 2 diabetes or conditions that affect your heart or blood vessels. Incidence of MetS is increasing in line with the number of people who are overweight or obese. This study aimed to examine two points: whether MetS increases the risk for premature employment exit, and if a dose-response relationship exists between an increasing number of MetS components and premature employment exit among middle-aged and older workers. Researchers concluded that MetS was a modifiable, early-stage cardio-metabolic risk factor, especially for work disability and, to a lesser extent, unemployment. Further, a clear dose-response relationship was found between an increasing number of MetS components and work disability. They suggest that interventions and prevention might help to prolong working lives, and that more awareness of the premature work exit risk is needed among employers and OSH professionals.

READ REPORT AT: bit.ly/ SJWEH-metabolic-syndrome

TOPIC: Use of OHIS in the health sector

TITLE: Systematising information use to address determinants of health worker health in South Africa: a

PUBLISHED BY: Safety and Health at Work

SUMMARY: In line with the importance placed on information to form effective systems by the World Health Organization and the International Labour Organization, a study examined how OSH stakeholders access, use and value an occupational health information system (OHIS). Barriers to implementing OHIS were examined, with particular attention given to circumstances in the Global South. Of the 71 participants (hospital managers, health and safety representatives, trade union representatives and OSH professionals), at least 42% reported poor accessibility and poor timeliness of OHIS for decision-making. Only 50% had access to computers and 27% reported poor computer skills. When existing, OHIS was poorly organised and needed upgrades, with 85% reporting the need for significant reforms. Only 45% reported use of OHIS for decision-making in their OSH role. Researchers concluded that, given the gap in access and utilisation of the information needed to protect worker’s rights to a safe and healthy workplace, more attention is warranted for OHIS development and use, as well as education and training in South Africa –and beyond.

READ REPORT AT: bit.ly/SHW-OHIS

TITLE: Work-related causes of mental health conditions and interventions for their improvement in workplaces

PUBLISHED BY: The Lancet

SUMMARY: A discussion paper providing an overview of the state of current knowledge on the relationship between work and mental health has suggested a number of steps to inform research, policy and practice. This includes causal inference being supported by more research with stronger linkage to theory, better exposure assessment, better understanding of biopsychosocial mechanisms, use of innovative analytical methods, a life-course perspective and better understanding of the role of context, including the role of societal structures in the development of mental disorders. Flexible and innovative approaches tailored to local conditions are also needed in the implementation of research on workplace mental health to complement experimental studies. The authors conclude that improvements in translating workplace mental health research to policy and practice could capitalise on the growing interest in workplace mental health, possibly yielding important mental health gains in working populations.

READ REPORT AT: bit.ly/Lancet-mentalhealth-knowledge

TITLE

Research: in depth

We take a look at two recent papers to see how their findings can inform OSH.

Navigating unpleasant interactions: the influence of customer mistreatment on hospitality employee responses employing mindfulness as a moderator

PUBLICATION

Sustainability

BACKGROUND/AIMS

In the service industry, the frequent occurrence of customer maltreatment towards employees (speaking loudly, verbal abuse, unfair demands, jumping a queue and ill-mannered behaviour) is a source of concern. Previous research has shown that mindfulness can help individuals reduce emotional exhaustion, improve their quality of life and maintain good habits. Furthermore, mindfulness is gaining traction in the hospitality industry: for example, some hotels provide mindfulness training/advice to both employees and customers.

This study sought to explore the process of employees’ pressure, state and response to customer mistreatment while examining the moderating effect of mindfulness and

validating its way of mitigating the link between customer mistreatment and employee anxiety.

METHODS AND FINDINGS

The researchers used the PSR framework – pressure (customer mistreatment), state (employee states affected by customer mistreatment) and response (employee performance or other reactions) – with the moderating effect of mindfulness for further analysis. The scales for measuring customer mistreatment, emotional exhaustion, employees’ turnover intention and mindfulness were obtained from validated and reliable multi-item scales. These items were evaluated using a five-point Likert scale. The authors adapted the items to suit the context of the study. By using structure-modelling equation techniques, they found that employees with high levels of mindfulness could mitigate the impact of customer mistreatment on emotional exhaustion.

The study also found unexpectedly that mindfulness could enhance the impact of emotional exhaustion on turnover intention.

CONCLUSIONS

The study concludes that instead of conflicting with customers, resulting in their emotional

exhaustion, these employees, through mindfulness, could deal with customer emotions by avoiding the immediate negative impact of customer mistreatment. This is beneficial for hospitality enterprises, particularly given the present state of competition in the industry.

The authors claim that providing guidelines on how to deal with customer mistreatment with a gentle attitude and mindfulness training for employees is likely to reduce conflict between employees and customers. Given the hospitality industry’s competitiveness, this approach may be beneficial in avoiding the immediate adverse impact of customer mistreatment. Nonetheless, there is room for future researchers to find ways to deal with customer mistreatment without increasing employee turnover intention.

IMPLICATIONS FOR PRACTICE

– IOSH’S TAKE

Findings from this study offer a novel strategy to deal with unpleasant customers and have the potential to be especially useful across occupations characterised by intense

customer service. Given the nature of hospitality work and the lack of control over customer behaviour, mindfulness offers employees an opportunity to regulate their emotions, avoiding emotional exhaustion and acting as a protective factor. These findings present a dual benefit, offering employees a strategy to navigate unpleasant interactions and providing a good business case for introducing novel remediation strategies. This evidence supports the effectiveness of mindfulness training for workers, specifically aimed at addressing customer mistreatment within hospitality roles. Considering the employee sustainability within such roles, the study also highlights a need to address mistreatment from third parties that directly impacts turnover intention and, more importantly, worker wellbeing. Also see IOSH’s own research on workplace bullying, violence and incivility at iosh.com/bullying.

For the full report, go to bit.ly/unpleasant-interactions

Night and shift work patterns and incidence of type 2 diabetes and hypertension in a prospective cohort study of healthcare employees

PUBLICATION

Scandinavian Journal of Work, Environment and Health

BACKGROUND/AIMS

This study aimed to evaluate the effects of night and shift work patterns on type 2 diabetes (T2D) and hypertension in a longitudinal study, with detailed information on working hours.

METHOD AND FINDINGS

The cohort comprised around 28,000 nurses and nursing assistants employed for more than a year between 2008 and 2016 in Stockholm, Sweden. The employee register held detailed individual information on daily working hours. Information on diagnoses came from national and regional registers. Hazard ratios and confidence intervals were estimated by discrete time proportional hazard models, adjusting for sex, age, country of birth and profession.

During a follow-up that took place between 2013 and 2017, the authors identified 232 cases of T2D and 875 of hypertension. They observed an increased risk of T2D, but not hypertension, among employees who worked only night shifts the previous year and those with intensive shift work compared to only day work. There was a non-significantly increased risk of T2D related to mixed day and afternoon shifts. The researchers observed tendencies in increased risk of T2D related to

frequent spells of ≥3 consecutive night shifts and with number of years with exclusive (but not mixed) night work.

CONCLUSIONS

Permanent night work and frequent afternoon and/or night shifts were associated with an increased risk of T2D the following year, but not hypertension. The T2D risk was, to some extent, affected by frequent spells of several night shifts in a row and by cumulative years with permanent night work.

IMPLICATIONS FOR PRACTICE – IOSH’S TAKE

The nature of work in the healthcare sector requires nurses and other categories of workers to engage in shift work – including night shift work. While it is understandably difficult for employers to remove the necessity of shift work, they do need to be cognisant of the increased health risks associated with shift work and take effective steps to mitigate this risk. These steps should include strategies such as well-planned shift patterns – accounting for evidence related to the increased risk of frequent and/or consecutive night shifts – and mandated health surveillance to monitor for health conditions such as T2D (plasma glucose levels) and hypertension. There are also cultural associations with both shift work and work in the healthcare sector. Efforts are thus required to raise awareness among employers and workers about the occupational health effects of shift work.

For the full report, go to bit.ly/night-work-diabetes

FIRED UP

As a safety, health and environment adviser for Howdens Joinery, Tony Clark QFSM CMIOSH is a committed OSH practitioner. But alongside his day job, he is passionate about improving the lives of those around him.

‘Iam a family man and I’m dedicated to making our community a safer and better place for us all to live in,’ explains Tony.

For starters, he’s a wellbeing representative for Howdens, providing employees, members of the community and their families with advice and support.

‘I feel privileged to combine this role with my work, and I believe my personal experience with mental health gives me a good grounding and understanding,’ says Tony, who has struggled with anxiety and depression at several points in his life.

But Tony’s day job is just the beginning. He’s involved in many community activities, including volunteering as an on-call firefighter.

‘I have been with Humberside Fire & Rescue Service [HFRS] for 12 years and serve as a watch manager at Howden fire station [in East Yorkshire],’ says Tony.

‘In this role, I also work for the Yorkshire Ambulance Service as an

emergency medical responder in a blue-light response vehicle.

‘Howdens releases me to respond to emergencies while at work.

Howdens and HFRS have had a partnership for 12 years, working together on various community initiatives.

‘During the pandemic, we set up a COVID-19 PPE hub at Howdens, where we consolidated deliveries of PPE, hygiene products and tests and dispatched them to frontline personnel,’ Tony explains. ‘We carried out over 1300 deliveries, sending 8,346,060 items into local communities.’

I’m proud to say that the on-call firefighter scheme we set up has ensured responses to 2618 fire calls and 2350 emergency medical calls: we have saved 81 lives since 2011.’

Tony is involved in other initiatives as well: working with Humberside

Police, as part of the Goole Community Group; collecting and delivering for Hull Sisters, a charity that supports women and children from over 38 nationalities; providing medical services to community events for free to help keep costs low; running collections for essential items for those affected by the war in Ukraine; and providing food for the Warm Spaces campaign.

ting ters

Now Tony is actively encouraging others to get involved too.

‘I also run a voluntary group called the Rookie Reds, where we offer members of under-represented groups fire and rescue training so they can apply to be on-call firefighters and support their local communities.

‘My community activities give me personal satisfaction, pride and a sense of belonging. My motto is: if you can be anything, be honest, be helpful, be kind and be respectful.’

MY MOTTO IS: IF YOU CAN BE ANYTHING, BE HONEST, BE HELPFUL, BE KIND AND BE RESPECTFUL

WORDS ALEX LACEY

On track with your SDGs?

Expert support can help you deliver and measure

According to a recent United Nations Global Compact report, not one sustainable development goal is set to be achieved by 2030.

The reason? Companies like yours are struggling to put their good intentions into practice, and unsure how to calculate their progress.

But with IOSH for Business, you can get expert support and solutions that empower you to drive strategic progress and growth.

So whether you’re struggling to get initiatives off the ground or lack the tools you need to assess your impact, we’re here to help.

Let’s deliver a sustainable future.

Ask our friendly IOSH for Business team how we can help: business@iosh.com

“Very insightful, useful and thought provoking

“Informative, clear, concise and impactful. material and excellent support. Would

“I have now done 14 courses with HSQE which says it all really. They provide a great service and the online portal is really straightforward

100%

In-house