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Below are a number of posts containing useful tips and insights from the Directors of Auxil Limited, acknowledged industry experts and trusted advisors in the fields of Health & Safety and Human Resources, which will hopefully trigger some thoughts or ideas. 
 
Why not join the conversation? We would love to hear your views… 

Posts tagged “Health and Safety”

 
It is important for employers to ensure the safety of employees when driving vehicles, whether they are driving cars, vans, motorbikes etc, on the road as part of a work activity. Just as much as health and safety laws apply to all construction sites, they also apply to when employees drive on the road. The driver’s health and the condition of the vehicle are to be assessed prior to driving, as the driver’s mental and physical health affect their driving, along with the vehicle not being in a good condition, can increase the risk of danger on the road. 
 
A risk assessment must be carried out as part of health and safety arrangements, taking into account the driver, the vehicle and the journey to be taken. The following hazards to consider include: 
• The condition of the vehicle 
• The roadworks, traffic and congestion 
• Weather 
• Fatigue and/or distractions 
• Pressure of time 
• The behaviour of other drivers 
The storage of fuel on construction sites must be secured at all times, as all fuel is flammable and even combustible depending on the particular fuel substances and requirements needed for such a reaction. 
 
Fuel on site can be flammable liquids, which can spill or leak out and could result in fires and Boiling Liquid Expanding Vapour Explosions, and flammable gases that can result in a confined or unconfined explosion. 
 
All fuel must be kept away from all hot works or other activities that could introduce heat to the canisters and thus help to create a fire or explosion. This would include screens for hot works and keeping fuel away from cables which could result in electrical arcs in equipment. Bowsers and tanks are to be typically used for storage of plant fuel, with bowser to be sufficiently grounded so that there is no risk of an imbalance and toppling over, thus reducing the potential hazard of damage to the environment. 
The development of a construction site may interfere with the presence of any plant and animal life in the surrounding area. 
There are species of plant and animal life in England including their habitats which are protected by law. What can or cannot be done in relation to this can vary. 
 
Protected species are provided with the highest level of protection. This includes: all species of bats; beavers; great crested newts; hazel or common dormice; otters; natterjack toads; some species of reptiles; some species of protected plants; large blue butterflies and sturgeons. 
 
Doing any of the following towards protected species would be considered breaking the law: 
The HSE states that “Accidental contact with live overhead power lines kills people and causes many serious injuries every year. People are also harmed when a person or object gets too close to a line and a flashover occurs. Work involving high vehicles or long equipment is particularly high risk”. 
It is therefore important to implement necessary safety precautions as identified on risk assessments, even when working near power lines for a short period of time. 
 
Where it has been identified that power lines are within or immediately next to a site or across any access routes, contact is made with owners of the lines to discuss safety precautions. It may be necessary that power lines need to be diverted or made dead. 
 
Risks from power lines can be eliminated by: 
 Avoidance – can work be undertaken away from power lines? The HSE provides the following advise 
“Make sure materials (such as bales or spoil) are not placed near overhead lines, and 
temporary structures (such as polytunnels) are erected outside safe clearance distances”. 
 Diversion – make arrangements for overhead lines to be diverted away, made dead or isolated before 
work begins. Ensure that work is planned and time is given to arrange diversion of power 
lines. 
The HSE website states that “There is other legislation governing the proper disposal of waste, ranging from low-risk waste through to hazardous waste. These laws are enforced by the Environment Agency and Local Authorities. 
 
However, all waste produced can also present a real safety hazard to workers if it is not properly managed throughout the project.” 
 
Managers/supervisors therefore need to decide: 
 
How waste produced during building work will be managed; and 
 
Who is responsible for collecting and disposal of waste? Problems arise when company and individual duties are not made clear before work starts. 
 
Top tips for waste management on smaller projects: 
 
Flammable materials - make sure that all flammable waste (such as boxes, packaging and timber offcuts) are cleared away regularly to reduce fire risks; 
Work areas - make clearing waste a priority. Check that everyone is aware of what is required and that it is completed; 
The HSE website has identified an incident where “Two West Yorkshire businesses, Brighouse Pallet Services Ltd and Seal It Services Ltd, have been fined for safety breaches after a HGV driver suffered a fracture to one of his neck vertebrae. 
Leeds Magistrates’ Court heard that on 5 August 2020 the delivery driver, an employee of Brighouse Pallet Services Ltd was struck by one or two falling pallets whilst they were being unloaded from a HGV trailer by a Seal It Services Ltd fork-lift truck (FLT) operator at the latter company’s site at Elland. 
 
An investigation by the Health and Safety Executive (HSE) found that both companies failed in their duty to provide a safe system of work. They failed to put in place simple control measures to ensure that all delivery drivers who visited the Seal It Services Ltd site were moved to a safe location for waiting, whilst HGV trailers were being unloaded by FLTs. 
 
Seal It Services Ltd of Riverbank Way, Elland, West Yorkshire, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974. The company was fined £50,000 and ordered to pay £4,654.90 in costs.” 
If you own or run a construction company, you will no doubt be aware of the Construction (Design and Management) Regulations 2015 (CDM 2015). Our blog this month provides clarity on the basics of what you need to know. 
 
According to the HSE “a principal contractor (PC) is the contractor with control over the construction phase of a project involving more than one contractor. They are appointed as early as possible by the client (commercial or domestic), before construction starts, to plan, manage, monitor and coordinate health and safety during this phase”. 
 
A principal contractor cooperates closely with the client and the principal designer and influences how the risks to health and safety are managed during the construction project. The PC ensures that requirements are understood and implemented. To do this the PC should: 
Principal contractor in Greater Manchester sentenced for putting lives at risk. 
The Health and Safety Executive (HSE) has prosecuted a principal contractor for failing to safely manage a large, deep excavation during the construction of a dwelling in Greater Manchester. The defendant was Mr Matib of Bradford who was sentenced to sixteen weeks imprisonment suspended for twelve months, ordered to carry out 200 hours unpaid work and pay costs of £5,673. 
 
The inspectors reported that Mr Matib, who had employed several groundworkers, was found to have supervised unsafe excavation which put workers at risk and rendered the neighbouring property unstable. 
 
In addition, the defendant had failed to prepare a construction phase plan, with risk assessments and method statements, failed to appoint a site manager with suitable skills, knowledge and experience to manage the work. 
On 6 April 2022 the Personal Protective Equipment at Work (Amendment) Regulations 2022 (PPER 2022) will come into force. The updated regulations extend PPE duties to include the free of charge provision of PPE to workers not just employees. 
The regulations stated that if a risk assessment indicates that PPE is required, employers must ensure their workers have sufficient information, instruction, and training on the use of PPE. Workers have a duty to use the PPE in accordance with their training and instruction, and ensure it is returned. The employer will be responsible for the maintenance, storage and replacement of any PPE they provide. 
 
Worker means ‘an individual who has entered into or works under; 
(a) a contract of employment; or 
(b) any other contract, whether express or implied and (if it is express) whether oral or in writing, whereby the individual undertakes to do or perform personally any work or services for another party to the contract whose status is not by virtue of the contract that of a client or customer of any profession or business undertaking carried on by the individual. 
Employers need to ensure suitable PPE is:  
provided 
compatible 
maintained 
correctly stored 
used properly 
 
Ensuring the health and safety of employees has always been important for business owners, with this in mind we have put together information to help to manage your health and safety. 
The Health and Safety Information for Employees Regulations 1989, requires employers to either display the HSE-approved law poster or to provide each of their workers with the equivalent leaflet. 
 
If an employer chooses to use the Health and Safety Law poster to communicate with their employees, they should consider two things; the location of the poster or leaflet and the quantity that they display. 
 
HSE- approved law posters must be displayed in a prominent location in all business sites; in an area that can be easily accessed by employees; this could be in places like break rooms, kitchens, reception areas and communal spaces, ensuring they are clearly visible. 

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