July 2014 Health and Safety Legal Update:
Provisional figures recently announced by the Health and Safety Executive (HSE) for 2013-2014 have confirmed that UK worker fatalities have fallen to a low of 133 last year compared to 150 the previous year. This is also lower than the average of the last 5 years, which is 164.
The overall trend in the reduction of fatal workplace incidents though has somewhat plateaued recently, see the graph below, issued by the HSE.
These figures relate to a figure of 0.43 deaths per 100,000 workers compared to 0.51 from last year.
The number of members of the public killed in work related accidents (excluding railways) was quoted as 70 for the same period.
Agriculture and Construction are still the two of the higher risk professions to work in, their fatal accident rates per 100,000 workers ran at 8.77 (20 times the national average) and 1.98 (4 times the national average) respectively.
The waste and recycling industry also performed badly at 3.33 deaths per 100,000 workers, which is around 8 times higher than the national average.
Self employed workers were often significantly more likely to be killed in the workplace than employees across all sectors, apart from construction.
Britain's performance puts us in third place in Europe behind Slovakia and Netherlands.
With these figures as they are, we need to ask ourselves the question, how many work related deaths are acceptable in a civilised society? Are we happy to maintain our current level and be third place in Europe? In my mind, when it is your brother, sister, friend, son, daughter, mother or father who is killed, the answer is no workplace deaths are acceptable and we should aim to be the best in Europe, if not the world. Also we must remember that these figures do not include the ~4,000 Asbestos related deaths that occur in the UK each year, these are so vast they are quoted separately from other work related deaths and are currently on an upward trend.
Herbert Heinrich was an American safety pioneer, he studied thousands of workplace accidents. He suggested in his analysis, that only a very small percentage (around 2%) of accidents were unforeseeable and hence unpreventable. This means based on last years figures of 133 deaths, only around 3 of these were not preventable and were "accidents" in the true sense of the word.
Falling from a roof 10 metres high, without any proper fall restraint, for example, which still happens many times every year, this is completely preventable at minimal cost, there are numerous ways of preventing this in 2014. A crane or lifting equipment failure during a lift, again is preventable with the correct maintenance and inspection, but this too sadly is an all too frequent occurrence causing many fatalities. There are numerous ways that these types of incidents can be prevented, it is just that some contractors, employees, supervisors, managers and company directors still don't take these activities seriously enough because they think that, "It will never happen to them!" The 133 people who died last year in the workplace probably thought that too!
Most health and safety laws, approved codes of practice, health and safety guidance and regulations are developed after many thousands of people (or more) have been harmed by specific workplace hazards such as: Asbestos, Display Screen Equipment, Manual Handling, Noise, Working at Height, Lifting Operations and Lifting Equipment and Vibrating Equipment.
None of the rules associated with these hazards would have been developed if the issues were "old wives tales" or if they had only affected just a few people very occasionally.
It is not "elf and safety gone mad" to suitably: inform, instruct, train and supervise workers, carry out suitable and sufficient risk assessments of all the activities with significant risk, provide adequate PPE and maintain equipment, buildings or plant to minimum legal standards. The rules formulated by health and safety experts have evolved over many years due to hard scientific facts and proof that these issues are real and the harm caused is preventable!
Donald Williams's widow criticises £200,000 Airbus fine over death
Donald Williams's widow criticises £200,000 Airbus fine over death Donald Williams Donald Williams was a highly respected member of the Airbus team Continue reading the main story Related Stories Airbus admits death safety charge Airbus faces worker death charges Factory death misadventure verdict The widow of an Airbus employee who died in an accident at work has criticised the £200,000 fine. Donald Williams, 62, from Buckley, was crushed while attaching a fertiliser spreader to a tractor at the Broughton plant in Flintshire in November 2011. Mold Crown Court was told Airbus must also pay £58,891 in costs after admitting a health and safety breach. Afterwards, Sheila Williams said the fine and bad publicity did not "amount to much in exchange for a man's life." Mr Williams's inquest, which returned a misadventure verdict in 2013, heard colleague Stephen Shone entered the tractor cab and switched on the engine while Mr Williams stood behind the rear nearside wheel. He pulled the lever to activate the system and raise the hopper then heard Mr Williams shout so pushed the lever back and saw his colleague trapped. 'Entirely avoidable' Jump media playerMedia player helpOut of media player. Press enter to return or tab to continue. Sheila Williams said her husband's death "created a cavernous hole in my life" Mr Williams suffered a fractured skull and was taken to the Countess of Chester Hospital where he died. The court heard that Mr Williams and other colleagues did not normally operate the vehicles but had been asked to do so when the accident happened. Prosecutor Simon Parrington told the court that accident was "entirely avoidable". There had been no training given to Mr Williams and other maintenance workers, there was no manual available for the tractor and the task of fitting implements to tractors had not been subject to a risk assessment. Airbus pleaded guilty to failing to ensure the health and safety of an employee. Continue reading the main story “ Start Quote Losing Donny has created a cavernous hole in my life which is just impossible to fill” Sheila Williams Health and Safety Executive inspector Barbara Francis said: "He had been allowed to position himself in a dangerous area between the tractor and the spreader carrying out a job that had not been planned properly in advance."
Defending barrister Richard Matthews QC said Airbus was a world leader in health and safety but tragically the work of maintaining non-aircraft building items had at that time been outside the main works operation. The head of the Broughton plant, Paul McKinlay, said Mr Williams was a dedicated, well-liked and highly respected member of the Airbus team and he wished to extend "heartfelt condolences" to the family. Mrs Williams added: "Losing Donny has created a cavernous hole in my life which is just impossible to fill. No-one expects to go to work and not return home again and this should never happen. "I am un-convinced that the current punishment is a sufficient deterrent for companies."
Man wins £275k payout for
school asbestos exposure
A man who claims he developed terminal cancer after being exposed to asbestos while a schoolboy in Devon has been given a council payout of £275,000.
Around 4000 people a year die in the UK from Asbestos related conditions, over half of deaths are caused by mesothelioma, which is currently incurable.
Chris Wallace, 36, was diagnosed with asbestos-related cancer of an organ lining - or mesothelioma - at 30. This follows a number of recent cases where people exposed to Asbestos as children have been awarded compensation. Although thought of as an old mans illness many victims of mesothelioma are in their 30s or 40s.
Devon County Council has settled a claim from him just a few weeks before the case went to court. The award was made without an admission of liability.
The council said it took "great care to manage asbestos in its buildings".
Mr Wallace, who has peritoneal mesothelioma - which develops in tissues covering the abdomen - said he attended Yeo Valley Primary School, Yeo Valley Junior School, South Molton Juniors and South Molton Community College between 1982 and 1993.
He worked with Boyes Turner solicitors and said he collated examples of when he may have been in contact with asbestos.
Mr Wallace, who now lives in Wisbech, Cambridgeshire, said: "It was a very difficult case, having to prove you were there and that you were exposed to a certain level.
"The council has to take a large chunk of responsibility They know it's in the building and children are at risk of getting to it.
"It's down to them to ensure it's removed safely."
Devon County Council said it was a "unique case" and the only time a former pupil had taken such legal action.
It said: "Devon County Council takes great care to manage asbestos in its buildings and that includes regular inspections. Asbestos is safe as long as it isn't disturbed.
"All Devon schools have been surveyed for asbestos and each school holds a full record of any asbestos in its buildings."
Mesothelioma can lie dormant for over 40 years.
Managing Asbestos in Non-Domestic Premises:
It is crucial when managing Asbestos Containing Materials (ACMs) in the workplace to have accurate and up to date Asbestos Surveys.
- Management Survey-(old name type 2) Only checks surface materials for the presence of Asbestos Containing Materials and is minimum requirement for buildings which could contain Asbestos (e.g. were built in or before 1999).
- Demolition/ Refurbishment Survey- (old name type 3) is required by law when Asbestos Containing Materials could be disturbed during maintenance or refurbishment work, within the workplace. This level of survey checks surface materials for Asbestos in addition to voids in: ceilings, roof spaces and wall cavities.
In addition to the survey any work carried out in buildings which could contain Asbestos, Asbestos awareness training is crucial to any workers, managers and contractors who work in a building which may contain Asbestos. This will help workers to identify any Asbestos Containing Materials which may have been missed in a survey. Workers must be given accurate information on the where abouts of any identified ACMs, before work commences by the "duty holder."
When carrying out maintenance work in buildings which could contain Asbestos it is essential to "proceed with caution" an Asbestos survey is a good indication of where Asbestos could be present but not a 100% guarantee that the building is ACM free. Don't forget a management survey can come back as "no asbestos detected" but Asbestos can still be present in voids or cavities.
When Asbestos is identified in a survey it's condition must be monitored and any recommendations from the survey should be implemented, which can be: monitor, seal, encapsulate or remove.
Remember, although this does not happen for years after exposure, one Asbestos exposure is enough to kill and can affect all in the area where ACMs are disturbed!