ConsultingSafety
info@consultingsafety.com
Health and safety legislation
exists to protect people from real risks at, or connected with,
work. But it can be hard to see this from some of the stories that
are reported. Below are 10 of the most bizarre health bans or
restrictions spotted in media coverage by HSE over the last
year.
1. Wimbledon officials
citing health and safety as a reason to close Murray Mount when it
was wet.
Example media story: Daily
Mail:
'Elf 'n' safety shuts Murray Mount: Fans might slip on the grass,
warn officials', 21 June 2011
2. Stopping dodgem cars
from bumping into each other at Butlins in
Skegness
Example media story: BBC
News: 'Bosses at Butlins ban bumper cars over health and safety
fears', 27 April 2011
3. Banning Royal wedding
street parties
Example media story:
Daily Mail: 'Royal wedding street party? You'll need £5m insurance,
love...', 13 April 2011
4. Removing an unwanted,
bulky TV from a pensioner's home for
recycling
Example media story:
Daily Mail, 'Pensioner, 85, paid council to remove old TV...and was
ordered to drag it outside herself so workmen didn't injure
themselves', 7 June 2011
5. Carnivals with fancy
dress parades
Example media story:
The
Southern Reporter
6. Kite flying on a
popular tourist beach in east Yorkshire
Example media story:
Hull Daily Mail: 'Outrage at kite-flying ban on East Riding
beaches', 10 June 2011
7. Stopping pupils from
using playground monkey bars unsupervised in
Oxfordshire
Example media story:
Daily Mail: 'Children banned from their own playground as health
and safety officials decide monkey bars are too dangerous', 8 May
2011
8. Using pins to secure
commemorative poppies
Example media story:
Oban
Times
9.
Schoolyard football games banned - unless
the ball is made of sponge
Example media story:
BBC
News: 'Huyton school leather football ban safety row', 24 February
2011
10. Children no longer
allowed to take part in a sack race at Sports
Day
Example media story:
Metro: 'Three-legged race is given the sack'
(Source www.HSE.gov.uk)
It's the 1st day of Wimbledon, it's raining and the LTA (Lawn Tennis Association) has decided to close Murray Mount on Health & Safety grounds. Below is a letter from the HSE to the LTA with their thoughts on the subject.
Dear Roger Draper / Ian Ritchie,
I was particularly disappointed to discover that the LTA / AELTC
chose yesterday to explain its decision to ban spectators from
Murray Mount as being 'on health and safety grounds'.
There is nothing in health and safety legislation which prohibits
the continued broadcasting of centre court action to the crowds on
the hill during the rain.
Health and safety is concerned with the proportionate management of
real risks caused by work, not attempting to eliminate every minor
risk from every moment of people's lives.
People have been walking up and down wet grassy slopes for years
without catastrophic consequences. If the LTA was concerned about
people slipping and suing for their injuries the message should
have made clear the decision was 'on insurance grounds'.
Health and safety excuses are becoming as much a feature of the
British sporting calendar as the rain. You will understand that
while we can do nothing about the weather, we will not let the
excuses pass unchallenged.
I am releasing a copy of this letter to the media.
Yours sincerely,
Judith Hackitt
Chair
Health and Safety Executive
A waste company has
been fined £250,000 after a bin lorry ran over and killed a member
of the public.
The Health and Safety
Executive (HSE) prosecuted 'Team Waste' after they were found to
have breached health and safety laws which led to the death in
Brighton.
Lewes Crown Court heard
Mrs. Smith, 61, from Brighton, was hit by a refuse vehicle as it
reversed. The driver did not realise he had struck Mrs Smith until
her body lay about three metres in front of the vehicle. Mrs Smith
died shortly afterwards.
The HSE investigation
found that the driver reversed the refuse collection vehicle
without a banksman (known as a reversing assistant), contrary to
'Team Waste's' operating policy. The vehicle also had defective
CCTV at the rear and the audible reversing siren was turned off.
The driver believed such alarms were prohibited before
7.00am.
Team Waste Ltd failed to
ensure that control measures identified in their own risk
assessment were put into practice.
Team Waste were fined £250,000 and ordered to pay costs of £50,000
Deana Daniels of
ConsultingSafety is pleased to annouce her inclusion within the
Occupational Safety and Health Consultants Register (OSHCR).
Recently the Government accepted recommendations outlined by the
report, 'Common Sense, Common Safety' to professionalise health and
safety consultants. The report recommended that all consultants
should be accredited to professional bodies and a web-based
directory of accredited consultants be established.
The aim of this register is to help businesses find competent
advice on managing their general health and safety risks. The
register is only open to those health and safety consultants who
meet certain specific standards within their professional
bodies.
More information on the Occupational Safety
and Health register can be found at www.oshcr.org
Strangled-patient investigation
uncovers "shocking" safety management
Bupa Care Homes has been ordered to pay £300,000 in fines and costs
after an elderly patient died following safety failings at a
nursing home in Birmingham.
Bridgit O'Callaghan, 74, who was known as Vera, had been admitted
to the Amberley Court Nursing Home in Edgbaston for temporary
respite care. She was confined to a wheelchair and was suffering
from the early stages of Alzheimer's disease.
On 27 October 2005, Mrs O'Callaghan was taken to her room to be put
to bed, but, rather than helping her into bed, staff left her
strapped in her wheelchair overnight. The next morning a carer
found her dead on the floor, having been strangled by the lap-belt
strap.
Investigating HSE inspector Sarah Palfreyman described Mrs
O'Callaghan's death as a "shocking case of mismanagement" by Bupa.
She added: "The managers of this, and indeed all care homes, have a
duty of care to their residents. At the very least, they should be
making sure that residents are comfortable and safe at night, not
left in a wheelchair."
Inspector Palfreyman's investigation found a number of failings in
Mrs O'Callaghan's treatment, including: staff failing to carry out
a proper risk assessment and care plan for her stay; a failure to
communicate her needs to staff; failing to ensure she had a means
to call for help; and no monitoring of whether night-time checks
were carried out.
The investigation also revealed a catalogue of potential hazards
that put residents at risk. These included the absence of window
restraints; excessive water temperature in two bathrooms; failure
to secure housekeeping rooms; tripping hazards and clutter in
corridors; storing lifting slings over a handrail; a dirty shower
and toilet; insufficient resources provided for maintenance; poor
monitoring of the home's management; and a lack of staff
training.
Commenting on her findings, Inspector Palfreyman said: "There were
some awful conditions for the elderly residents to live in and
hazards that could easily have caused them serious injury. The
home's managers were not given appropriate monitoring or
supervision and, as a result, the staff were not being properly
trained, or monitored.
"Working in a care home is a specialised job and it's vital that
all employees have the correct training in place, which, in this
instance, they did not."
Following the incident the care-home operator was issued three
Improvement Notices, which required it: to put in place proper
health and safety management systems; to fit and repair adequate
window restraints; and to train staff how to use lap belts safely
so patients can't slip.
Bupa Care Homes Ltd appeared at Birmingham Crown Court on 19
January and pleaded guilty on two charges of breaching s3(1) of the
HSWA 1974. It was fined a total of £150,000 and ordered to pay the
same amount in costs.
On mitigation, the company said it has completely reviewed its
procedures for patient care at all of its homes. It has also
replaced a number of staff at the Amberley Court Nursing Home,
which included appointing a senior regional manager to take control
of the home.
After the hearing, Bupa Care Services regional director, Tim Seal,
said: "This was a wholly exceptional event that should never have
happened. We said how deeply sorry we were to Mrs O'Callaghan's
family at the time and I would like to say that again now.
"The court accepted that Bupa is committed to ensuring safe working
practices and that this tragedy was caused because a nurse and a
carer did not follow our clear guidelines. But, as a responsible
company, we have also accepted that there were failings in the way
the home was being run in 2005.
"Those issues have been addressed, and this progress in key areas
has been noted during a number of detailed monitoring visits and
inspections that have take place since.
Top 10 tips for managing health and safety
1 - Know your risks
What are the key risks involved in your business ?
for example;
• Do you work at height?
• Do you drive?
• Do you use hazardous equipment or chemicals?
Are you doing enough to control them ?
2 - Plan work
• Particularly new projects
• Think about what could go wrong and how
• Don't be tempted to cut corners to deliver a cheaper price
3 - Ensure you and your staff are competent
• Do you have the right skills ?
• Do they understand the risks and the precautions they should be
taking
• NEVER ASSUME!
4 - Maintain equipment & premises
• When money is tight it can be tempting to cut back on
maintenance, this can be a false economy
• You have an obligation to ensure that equipment and premises are
safe.
5 - Attitude and behaviour is more important than paperwork!
• Lead by example
• Encourage a healthy attitude to risk within your business
• Avoid being cavalier
6 - Risk assessment is just a tool!
It is a means to an end. Having a piece of paper will not prevent
you having an accident or being prosecuted.
What is important is what you do with the information from your
risk assessment.
7 - Maintain adequate business insurance
8 - Keep your self up to date
• On the relevant legislation
• Current practice in your industry
• Visit the HSEs website www.hse.gov.uk
9- Learn from your mistakes
• If you have an accident take time to find out what went wrong and
why
• Can anything be done to prevent it from happening again
• Remember some accidents have to be reported to the HSE
• Record details of all accidents for future reference
10 - Seek advice for issues outside your comfort zone
Worker killed by swinging crane hook
A Cardiff-based recycling company has
ordered to pay over £230,000 after an employee died following an
incident at its premises.
John Penhalagan, 44, was employed by Celsa Manufacturing (UK) when
he was struck by a crane hook weighing 3.7 tonnes used to convey
ladles of molten steel in the firms new 'melt' shop on 30 May
2007.
Mr Penhalagan of Bridgend suffered fatal head injuries and died
later at the University Hospital of Wales, Cardiff.
A Health and Safety Executive (HSE) investigation found that while
there was no mechanical defect with the crane, the hooks were able
to move at head height near to operators on the ground without
adequate safeguards.
This led to HSE prosecuting Celsa Manufacturing (UK) of Castle
Works, East Moors Road, Cardiff. The company pleaded guilty to
breaching section 2(1) of the Health and Safety at Work etc Act
1974 at Cardiff Crown Court. It was fined £200,000 and ordered to
pay costs of £36,294.38.