Our consultants consider a recent radiation breach prosecution by the Health and Safety Executive (HSE). A company which provides diagnostic imaging services, and its radiopharmaceutical subsidiary company, have been given six-figure fines following incidents at two sites in which employees were exposed to radiation levels in excess of the legal annual dose limit.
Radiation Exposure
On 25 March 2019, a vial of a radioactive substance (FDG) leaked after it was installed into a shielded dispensing pot in the dispensing laboratory of Alliance Medical Limited’s (AML) Positron emission tomography-computed tomography (PET-CT) facility at St James’s University Hospital in Leeds.
Stock image
This resulted in two members of staff becoming contaminated with skin doses in excess of the annual dose limit as defined by the Ionising Radiations Regulations 2017.
In a second incident, on 15 November 2019, the same radioactive substance was unknowingly handled during the production process at the Alliance Medical Radiopharmacy Limited (AMRL) facility at Keele University Science Park in Staffordshire.
Consequently, a member of staff was contaminated with a skin dose in excess of the annual dose limit as defined by the Ionising Radiations Regulations 2017.
An investigation by Health and Safety Executive (HSE) into the incident at the AML Leeds PET-CT centre found that training and instruction was inadequate and supervision below an acceptable standard.
Staff were not made fully aware of the localised instructions and were using personal protective equipment (PPE) unsuitable for work with radioactive material.
Further radiation incident
A separate investigation by HSE found that at AMRL’s facility at Keele University Science Park, the radiation warning system associated with the particular production equipment was not operational at the time of the incident and had not undergone routine maintenance and testing at suitable intervals.
Radiation prosecution
Alliance Medical Limited, based at Iceni Centre, Warwick Technology Park, Warwick, Warwickshire pleaded guilty to breaches of the Ionising Radiations Regulations 2017, Regulations 12, 18(3), 18(4) and 18(5)a, and were fined £300,000 and ordered to pay costs of £11,382 at Leeds Magistrates’ Court on 29 September 2022.
Alliance Medical Radiopharmacy Limited, also based at Iceni Centre, Warwick Technology Park, Warwick, Warwickshire pleaded guilty to breaches of the Ionising Radiations Regulations 2017, Regulations 9(2)a, 11(1) and 12, and were fined £120,000 and ordered to pay costs of £11,382 in the same court on the same date.
“The workers in both these incidents were exposed to levels of radiation which could potentially impact on their health in the future.
“Employers in the nuclear medicine sector must properly assess the risks to their employees and others and ensure all radiation doses are as low as reasonably practicable.
“Both these incidents could so easily have been avoided by simply carrying out the correct control measures and ensuring safe working practices were followed. Companies should be aware that HSE will not hesitate to take appropriate enforcement actions against those that fall below the required standards.”
HSE specialist inspector Elizabeth Reeves
The HSE has published an approved code of practice and guidance for Working with ionising radiation (L121) which is free to download.
Recent incidents involving cattle have underlined the potential dangers they pose to walkers, and the Health and Safety Executive (HSE) has issued a reminder on staying safe near cattle.
The HSE, however, is stressing that serious incidents involving cattle and walkers are rare, while reminding both farmers and walkers to do all they can to keep everyone safe.
Farmers have a legal responsibility to manage their herds to reduce risk to people using footpaths and other rights of way.
The HSE regularly investigates incidents involving cattle and the public. A proportion of these incidents involve serious injury and sometimes death. Incidents often involve cows with calves or bulls, and the person injured often has a dog.
The HSE’s published statistics show that in the five years leading up to March of this year, nine members of the public died after being attacked or trampled by cattle.
Public safety near cattle
Members of the public can find out about steps they can take to safely enjoy the countryside and respect farming activities by following HM Government advice in The Countryside Code.
The advice includes:
Give livestock plenty of space. Their behaviour can be unpredictable, especially when they are with their young.
Keep your dog under effective control to make sure it stays away from livestock. It is good practice wherever you are to keep your dog on a lead around livestock.
Let your dog off the lead if you feel threatened by livestock. Releasing your dog will make it easier for you both to reach safety.
While many thousands of people enjoy the countryside and use the extensive network of footpaths, bridleways, and public access land every day, activities such as walking through or near cattle can be hazardous.
“All large animals can be a risk to people. Even a gentle knock from a cow can result in people being crushed or falling. All cattle should be treated with respect.
“Farmers should carefully consider the animals put into fields with footpaths, for example cows and calves are best kept in alternative fields. Even docile cattle, when under stress, perhaps because of the weather, illness, unusual disturbance, or when maternal or other instincts are aroused, can become aggressive.
“Follow farming industry and HSE guidance to reduce the risk from animals and help people to enjoy your land and pass through smoothly.”
HSE inspector Wayne Owen
Cattle safety advice for farmers and landowners
The HSE has published guidance to promote safety and the Cattle and public access in England and Wales: Advice for farmers, landowners and other livestock keepers (AIS 17EW) is available for free download. A risk assessment can help you identify the hazards and put controls in place to protect yourself, farm staff and the public. You should record the significant findings of your risk assessment and review these regularly and when there are changes.
The NFU has also published guidance to help farmers stay safe around cattle which is available on its website.
Key considerations for farmers and landowners include:
No dairy bulls should be kept in fields with a public right of way (PROW) at any time.
Where possible avoid putting cattle, especially cows with calves, in fields with PROW.
Where there is a need to keep cattle with calves or a bull in a field with PROW do all that you can to keep animals and people separated. Consider the use of fencing (permanent or temporary e.g. electric fencing). This is particularly important at busy times or where PROW are heavily used.
Assess the temperament of any cattle before putting them into a field with PROW.
If cattle, especially cows with calves, do need to be put into fields with PROW, keep this period to a minimum.
Position feed and water troughs away from the PROW and away from PROW entrances and exists to the field.
Put in place a system to monitor any cattle in fields with PROW at least on a daily basis. It may be worth recording this.
Consider culling any animal that shows signs of aggression.
Any animal that has shown any sign of aggression must not be kept in a field with PROW.
Clearly sign post all PROW across the farm. Display signage at all entrances to the field stating what is in the field (cows with calves / bulls).
A waste management company has been fined £190,000 after a contractor died when he fell seven metres while carrying out maintenance work and our ultimate safety guide to working at height will help avoid similar accidents in your business.
The experienced maintenance contractor was part of a team under the control and direction of Wiltshire-based Hills Waste Solutions Limited. He sustained fatal injuries in the fall on 18 November 2020, while working on a mechanical screening and separating plant on the Hills Waste Solutions site in Stephenson Road, Westbury.
An investigation by the Health and Safety Executive (HSE) found that Hills Waste Solutions Limited failed to ensure that work at height was properly assessed and planned. The company failed to consider and identify how the necessary work at height could be carried out safely to ensure that the risk of falls was controlled.
Hills Waste Solutions Limited, of Swindon pleaded guilty to breaching Regulation 4(1) of the Work at Height Regulations 2005. The company was fined £190,000 and ordered to pay costs of £14,816, with a victim surcharge of £190 at Aldershot Magistrates’ Court on 17 August 2022.
“Those in control of work have a duty to assess the risks and devise safe methods of working and to provide the necessary information, instruction and training to those undertaking the work”.
“This incident could have been prevented had the work been adequately planned.”
HSE inspector Matt Tyler
Ultimate safety guide to working at height
The purpose of The Work at Height Regulations 2005 is to prevent death and injury caused by a fall from height. If you are an employer or you control work at height (for example facilities managers or building owners who may contract others to work at height) the Regulations apply to you, and you must take steps to eliminate or reduce the risks as far as reasonably practicable.
Employers and those in control of any work at height activity must make sure work is properly planned, supervised and carried out by competent people. This includes using the right type of equipment for working at height. Low-risk, relatively straightforward tasks will require less effort when it comes to planning.
Employers and those in control must first assess the risks.
Employees have general legal duties to take reasonable care of themselves and others who may be affected by their actions, and to co-operate with their employer to enable their health and safety duties and requirements to be complied with.
Step by step guide to working at height
Considering the risks associated with work at height and putting in place sensible and proportionate measures to manage them is an important part of working safely. Follow this simple step-by-step guide to help you control risks when working at height.
Can you avoid working at height in the first place?
Do as much work as possible from the ground. A health and safety manager who I worked with for many years always used to say, “the safest place to be when doing work at height is on the ground!” Some practical examples of this include:
using extendable tools from ground level to remove the need to climb a ladder
installing cables at ground level
lowering a lighting mast to ground level
ground level assembly of edge protection
If you cannot avoid working at height by the above measures, then you should put in place measures to prevent a fall.
Can you prevent a fall from occurring?
Falls can be prevented by taking measures such as (i) using an existing place of work that is already safe, e.g. a non-fragile roof with a permanent perimeter guardrail or, if not, using work equipment to prevent people from falling.
Some practical examples of collective protection when using an existing place of work such as a concrete flat roof with existing edge protection, or guarded mezzanine floor, or plant or machinery with fixed guard rails around it.
Some practical examples of collective protection using work equipment to prevent a fall:
mobile elevating work platforms (MEWPs) such as scissor lifts
tower scaffolds
scaffolds
An example of personal protection using work equipment to prevent a fall would be using a work restraint (travel restriction) system that prevents a worker getting into a fall position.
Can you minimise the distance and or consequences of a fall?
If the risk of a person falling remains, you must take sufficient measures to minimise the distance and/or consequences of a fall. Practical examples of collective protection using work equipment to minimise the distance and consequences of a fall include safety nets and soft-landing systems, e.g. air bags, installed close to the level of the work.
An example of personal protection used to minimise the distance and consequences of a fall would be industrial rope access, e.g. working on a building façade, or a fall arrest system using a high anchor point.
Can I use ladders when working at height?
For tasks of low risk and short duration, ladders and stepladders can be a sensible and practical option. However, ladders should not automatically be your first choice. If your risk assessment determines it is correct to use a ladder, you should further minimise the risk by making sure workers:
use the right type of ladder for the job
are competent (you can provide adequate training and/or supervision to help)
use the equipment provided safely and follow a safe system of work
are fully aware of the risks and measures to help control them
There are simple, sensible precautions you should take to stay safe when using portable leaning ladders and stepladders in the workplace. Employers must make sure that workers use the right type of ladder and that they know how to use it safely.
Netting to prevent falls
When to use a ladder at work
Ladders can be used for work at height when an assessment of the risk for carrying out a task has shown that using equipment that offers a higher level of fall protection is not justified. This is because of the low risk and short duration of use, or there are existing workplace features which cannot be altered.
Short duration is not the deciding factor in establishing whether use of a ladder is acceptable – employers must have first considered risk. As a guide, if your task would require staying up a leaning ladder or stepladder for more than 30 minutes at a time, it is recommended you use alternative equipment.
You should only use ladders in situations where they can be used safely, e.g. where the ladder will be level and stable, and can be secured (where it is reasonably practicable to do so).
Know how to use a ladder safely when working at height
To use a ladder, workers must be competent or, if they are being trained, they should be working under the supervision of a competent person. Competence can be demonstrated through a combination of training, practical and theoretical knowledge, and experience. In addition, training should be appropriate for the task, and this includes knowing:
how to assess the risks of using a ladder for a particular task
when it is right to use a ladder (and when it is not)
which type of ladder to use and how to use it
How to check your ladder is safe before you use it
Employers must have procedures in place to ensure that before using a ladder, employees have access to user instructions from the manufacturer in case they need to refer to them and that workers always carry out a ‘pre-use’ check to spot any obvious visual defects to make sure the ladder is safe to use.
A pre-use check should be carried out:
by the person using the ladder
at the beginning of the working day
after something has changed, e.g., a ladder has been dropped or moved from a dirty area to a clean area (check the state or condition of the feet)
The check should include:
the stiles – make sure they are not bent or damaged, as the ladder could buckle or collapse
the feet – if they are missing, worn or damaged the ladder could slip. Also check the ladder feet when moving from soft/dirty ground (e.g. dug soil, loose sand/stone, a dirty workshop) to a smooth, solid surface (e.g. paving slabs), to make sure the actual feet and not the dirt (e.g. soil, chippings or embedded stones) are making contact with the ground
the rungs – if they are bent, worn, missing or loose, the ladder could fail
any locking mechanism – does the mechanism work properly? Are components or fixings bent, worn or damaged? If so, the ladder could collapse. Ensure any locking bars are fully engaged
the stepladder platform – if it is split or buckled, the ladder could become unstable or collapse
the steps or treads on stepladders – if they are contaminated, they could be slippery; if the fixings are loose on the steps, they could collapse
If employees identify any of the above defects, they should not use the ladders and should report the faults to the person in charge of the work.
Types of ladder and how to use them safely
Ultimate safety guide to working at height: Leaning ladders
When using a leaning ladder to carry out a task:
Only carry light materials and tools – read the manufacturer’s labels on the ladder and assess the risks
Do not overreach – make sure your belt buckle (or navel) stays within the stiles
Make sure the ladder is long enough or high enough for the task
Do not overload the ladder – consider your weight and the equipment or materials you are carrying before working at height
Check the pictogram or label on the ladder for any advisory information
To help make sure the ladder angle is at the safest position to work from- you should use the 1-in-4 rule. This is where the ladder should be one space or unit of measurement out for every four spaces or units up (a 75° angle)
Always grip the ladder and face the ladder rungs while climbing or descending – do not slide down the stiles
Do not try to move or extend the ladder while standing on the rungs
Do not work off the top three rungs. Try to make sure that the ladder extends at least 1 metre or three rungs above where you are working
Do not stand ladders on movable objects, such as pallets, bricks, lift trucks, tower scaffolds, excavator buckets, vans or mobile elevating work platforms
Avoid holding items when climbing (consider using a tool belt)
Do not work within 6 m horizontally of any overhead power line, unless it has been made dead or it is protected with insulation. Use a non-conductive ladder (e.g. fibreglass or timber) for any electrical work
Maintain three points of contact when climbing and wherever possible at the work position.
Where you cannot maintain a handhold, other than for a brief period (e.g. to hold a nail while starting to knock it in, start a screw etc), you will need to take other measures to prevent a fall or mitigate the consequences if one happened
Secure the ladder (e.g. by tying the ladder to prevent it from slipping either outwards or sideways) and have a strong upper resting point (i.e. do not rest it against weak upper surfaces such as glazing or plastic gutters)
Consider using an effective stability device (a device which, if used correctly, prevents the ladder from slipping, some types of ladders come with these)
Ultimate safety guide to working at height: Telescopic ladders
Telescopic ladders are a variation of leaning ladders but remember that they do not all work in the same way. They should always be used, stored and transported with care and kept clean. In addition to following this guidance, it is important you read and follow the user instructions provided by the manufacturer.
Before every use – in addition to the normal ladder checks – make sure they are operating correctly and that the mechanisms that lock each section are working properly.
Always follow the user instructions regarding the opening and closing procedure. Be aware of the potential for trapping fingers between the closing sections. Remember some of the important parts are inside where they cannot be seen. If you are in any doubt, do not use them.
Ultimate safety guide to working at height: Stepladders
Our ultimate safety guide to working at height would not be complete without mentioning stepladders. When using a stepladder to carry out a task:
Check all four stepladder feet are in contact with the ground and the steps are level
Only carry light materials and tools
Do not overreach
Do not stand and work on the top three steps (including a step forming the very top of the stepladder) unless there is a suitable handhold
Ensure any locking devices are engaged
Try to position the stepladder to face the work activity and not side on. However, there are occasions when a risk assessment may show it is safer to work side on, e.g. in a retail stock room when you cannot engage the stepladder locks to work face on because of space restraints in narrow aisles, but you can fully lock it to work side on
Try to avoid work that imposes a side loading, such as side-on drilling through solid materials (e.g. bricks or concrete)
Where side loadings cannot be avoided, you should prevent the steps from tipping over, e.g., by tying the steps. Otherwise, use a more suitable type of access equipment
Maintain three points of contact at the working position. This means two feet and one hand, or when both hands need to be free for a brief period, two feet and the body supported by the stepladder.
When deciding whether it is safe to carry out a particular task on a stepladder where you cannot maintain a handhold (e.g. to put a box on a shelf, hang wallpaper, or install a smoke detector on a ceiling), the decision needs to be justified, taking into account:
the height of the task
whether a handhold is still available to steady yourself before and after the task
whether it is light work
whether it avoids side loading
whether it avoids overreaching
whether the stepladder can be tied (e.g. when side-on working)
Ultimate safety guide to working at height: Combination and multi-purpose ladders
Combination and multi-purpose ladders can be used as stepladders, a variation of stepladders or leaning ladders. Combination ladders are sometimes referred to as ‘A’ frame ladders and these types of ladders can be used in a variety of different configurations. You should:
check to ensure that any locking mechanism is properly engaged before use
always recheck the locking mechanism if the setup of the ladder is changed
on three-part combination ladders, never extend the top section (the section extending above the A frame) beyond the limit marked on the ladder and specified in the user manual
Where ladders should be used
As a guide, only use a ladder:
on firm ground
on level ground – refer to the manufacturer’s pictograms on the side of the ladder. Use proprietary levelling devices, not ad-hoc packing such as bricks, blocks, timbers etc
on clean, solid surfaces (paving slabs, floors etc). These need to be clean (no oil, moss or leaf litter) and free of loose material (sand, packaging materials etc) so the feet can grip. Shiny floor surfaces can be slippery even without contamination
where it will not be struck by vehicles (protect the area using suitable barriers or cones)
where it will not be pushed over by other hazards such as doors or windows, i.e., secure the doors (not fire exits) and windows where possible
where the general public are prevented from using it, walking underneath it or being at risk because they are too near (use barriers, cones or, as a last resort, a person standing guard at the base)
where it has been secured
Securing ladders and ladders used for access
There are various options available for securing ladders:
Tie the ladder to a suitable point, making sure both stiles are tied
Where this is not practical, secure the ladder with an effective ladder stability device
If this is not possible, securely wedge the ladder (e.g. wedge the stiles against a wall)
If you cannot achieve any of these options, foot the ladder – footing is the last resort.
Ladders used for access
In general:
Ladders used to access another level should be tied and extend at least 1 m above the landing point to provide a secure handhold
At ladder access points, a self-closing gate is recommended
Stepladders should not be used to access another level unless they have been specifically designed for this.
Inspecting the condition of ladders
An important element in our ultimate safety guide for working at height is inspections. Employers need to make sure that any ladder or stepladder is both suitable for the work task and in a safe condition before use. As a guide, only use ladders or stepladders that:
have no visible defects – they should have a pre-use check each working day
have an up-to-date record of the detailed visual inspections carried out regularly by a competent person. These should be done in accordance with the manufacturer’s instructions. Ladders that are part of a scaffold system still have to be inspected every seven days as part of the scaffold inspection requirements
are suitable for the intended use, i.e. are strong and robust enough for the job
have been maintained and stored in accordance with the manufacturer’s instructions
A detailed visual inspection is similar to pre-use checks, in that it is used to spot defects and can be done on site by a competent employee. Pre-use checks make sure that a ladder is safe to use and are for the immediate benefit of the ladder user. These checks do not need to be recorded. Any problems or issues should be reported to a manager.
Detailed visual inspections are the responsibility of the employer. They should be carried out at fixed intervals and recorded. Records of these inspections provide a snapshot of the state of the ladders over time. When doing an inspection, look for:
damaged or worn ladder feet
twisted, bent or dented stiles
cracked, worn, bent or loose rungs
missing or damaged tie rods
cracked or damaged welded joints, loose rivets or damaged stays
Pre-use checks and inspections of ladder stability devices and other accessories should be performed in accordance with the manufacturer’s instructions.
Consider any trends in defect reporting which may suggest that they ladders are not being maintained or are not suitable for the work task being conducted.
While BS2037 and BS1129 have been withdrawn, ladders originally made to these standards prior to their withdrawal may still be used (subject to following user instructions and guidance on safe use).
Conclusion
The success to any working at height activity is in the planning. As an employer you should ensure that all working at height tasks are carefully planned, use the correct equipment and that workers are competent to carry out the activity. This ultimate safety guide to working at height should help you plan for such work activities and, if you require advice or support for your business, please contact one of the Ashbrooke team.
A lack of safe systems of work resulted in a cargo handling company being fined after the employee was fatally crushed at a container park in Portsmouth.
On 25 August 2017, Mr Mieczyslaw Tadeusz Siwak, a 34-year-old father-of-one, was working for Portico Shipping Limited (formerly MMD (Shipping Services) Limited) on the night shift in the container park. His job was to connect refrigerated container units to electrical supplies, which his colleague had lifted into position for him using a container stacker vehicle. It was during one of these manoeuvres that Mr Siwak was fatally crushed between two containers.
An investigation by the Health and Safety Executive (HSE) found that the company routinely failed to provide adequate supervision of operatives and drivers working on the night shift to ensure safe systems of work were followed. This included failure to use safe walkways to segregate pedestrians from vehicles and the safe operation of container stackers by driving with shipping containers in the raised position to allow visibility.
Portico Shipping Limited of Guildhall Square, Portsmouth, Hampshire pleaded guilty to breaching Section 2(1) of the Health & Safety at Work etc. Act 1974. At Portsmouth Magistrates’ Court the company was fined £200,000 and ordered to pay costs of £15,631.61.
“Safe systems of work should be in place on sites with moving vehicles to prevent pedestrians coming into contact with traffic or moving machinery. When moving containers by container stacker, the load should be transported as low as possible whilst maintaining full line of sight.
“Supervisors must be given the necessary instruction and training to implement the safe systems of work and manage hazards during operation processes.
“This tragic incident was entirely preventable had the correct safety management procedures and supervision been in place at the site.”
HSE inspector Rebecca Lumb
Safe Systems of Work
A formal management system or framework can help you manage health and safety and ensure that you have safe systems of work in place – the decision whether to use a recognised management system is up to employers and it is not a requirement of the HSE. Examples include:
National and international standards such as:
ISO 45001:2018 Occupational health and safety management systems – Requirements with guidance for use
BS EN ISO 9001:2015 Quality management system
in-house standards, procedures or codes
sector-specific frameworks such as the:
Energy Institute’s High-level framework for process safety management
Chemical Industries Association’s Responsible Care framework
Although the language and methodology vary, the key actions can usually be traced back to Plan, Do, Check, Act methodology.
Is a certified management system right for your business?
HSE Position on ISO 45001
ISO 45001 is an international standard for health and safety at work developed by national and international standards committees independent of government. Introduced in March 2018, it replaced the current standard (BS OHSAS 18001) which will be withdrawn. Businesses had a three-year period to move from the old standard to the new one.
Businesses are not required by law to implement ISO 45001 or other similar management standards, but they can help provide a structured framework for ensuring a safe and healthy workplace.
If your organisation is small or low-risk, you will probably be able to demonstrate effective risk management without a formal management system. A simpler and less bureaucratic approach may be more appropriate such as that outlined in HSE’s guidance on health and safety made simple.
Implementing ISO 45001 may help your organisation demonstrate compliance with health and safety law. But, in some respects, it goes beyond what the law requires, so consider carefully whether to adopt it.
If your organisation already has a developed health and safety management structure, or you are familiar with other management standards, it may be straightforward for you to adopt ISO 45001. However, if your organisation is small, with less formal management processes, you may find it difficult to interpret what the standard asks for or gauge what proportionate implementation looks like. This may particularly be the case if you are adopting management standards to meet supply chain requirements of customers or contracting bodies.
The HSE has expressed concern about the practical implementation of the standard, including audit and certification, and whether it can be easily tailored to work effectively for organisations of all sizes and levels of complexity in a way that’s in proportion to the risks they must control.
Contracting bodies and customers should therefore ask themselves whether the supplier really needs certification to 45001, or whether they can demonstrate competence in managing health and safety using other means.
Compliance with health and safety law
HSE inspectors continue to rely on a wide range of evidence and observations when assessing an organisation’s compliance with health and safety law, not just whether they claim to meet the ISO 45001 standard or not. The HSE’s guide on managing for health and safety (HSG 65) may help your organisation as it provides a clear process-based approach to risk management. However, adopting a formalised management system approach, whether HSG65 or ISO 45001, may not be the most appropriate model for your businesses, particularly if it is small or low-risk.
Certification
Your organisation can apply the standard to your activities (in full, or in part) to help provide evidence of good health and safety management, and improvements made, without getting certification. However, you can only claim to conform to the standard if it is implemented fully.
Audit
To implement ISO 45001 in a proportionate way, auditors or certifiers should understand that it needs to be (i) tailored to an organisation’s size and level of complexity, and (ii) in proportion to the risks. You should ensure that any auditor or certifier you use has evidence that they are competent to a recognised standard. The certification body should be accredited by either the United Kingdom Accreditation Service (UKAS) for ISO 45001 or an equivalent accretion body that is member of the European Cooperation for Accreditation (EA) or the International Accreditation Forum (IAF).
Documentation
Businesses should try to keep health and safety documents functional and concise, with the emphasis on their effectiveness rather than sheer volume of paperwork. Focusing too much on the formal documentation of a health and safety management system will distract you from addressing the human elements of its implementation – the focus becomes the process of the system itself rather than actually controlling risks.
Attitudes and behaviours
Effectively managing for health and safety and having safe systems of work is not just about having a management or safety management system. The success of whatever process or system is in place still hinges on the attitudes and behaviours of people in the organisation (this is sometimes referred to as the ‘safety culture’).
The HSE has published Are you doing what you need to do? Which provides examples of what positive health and safety attitudes and behaviours will look like in the workplace. On the other hand, the examples provided of ‘What it looks like when done badly or not at all’ could indicate underlying cultural issues which employers should address.
Our health, safety and environmental consultants have experience in implementing management systems into client operations including ISO 9001, ISO 14001 and ISO 45001. If your business needs advice and support with your management system, please contact one of the Ashbrooke team.
Unsafe working at height activity has resulted in a carpentry and joinery company being fined after a man working unsecured on the forks of a fork-lift truck fell 3.5 metres to the ground.
On 14 June 2021, the man was working for Staircraft Group Limited at their head office site at Bayton Road Industrial Estate, Exhall, Coventry.
The employee was working from an unsecured stillage on the forks of a fork-lift truck in order to clean office windows at height. The stillage tipped and the employee fell 3.5 metres to the ground. As a result of the incident, he sustained a broken leg and an injury to his elbow.
An investigation by the Health and Safety Executive (HSE) found the company failed to identify that using a stillage to lift someone on the forks of a forklift truck, a method that they had used before, was unsafe. There was a lack of training for employees on the dangers of working at height without the proper equipment and there were no systems of work or risk assessments in place.
At Redditch Magistrates’ Court Staircraft Group Limited, of Bayton Road Industrial Estate, Exhall, Coventry pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc Regulations 1974 and was fined £200,000 and ordered to pay costs of £6,477.93.
“The employee’s injuries were very serious, and he could have easily been killed.
“This serious incident could so easily have been avoided by simply carrying out correct control measures and safe working practices.
“Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”
HSE inspector Rebecca Whiley
Employers have a duty to assess the risks of working at height and to eliminate or reduce risks as far as reasonably practicable. The Work at Height Regulations 2005 impose duties on employers to ensure that activities which are required to take place at height are conducted safely.
Work at height means work in any place where, if precautions were not taken, a person could fall a distance liable to cause personal injury. This includes work above ground/floor level, locations where you could fall from an edge, through an opening or fragile surface or could fall from ground level into an opening in a floor or a hole in the ground
Work at height does not include a slip or a trip on the level, as a fall from height has to involve a fall from one level to a lower level, nor does it include walking up and down a permanent staircase in a building.
Unsafe working at height can occur when tasks are not properly planned. The Regulations apply to all work at height, where there is risk of a fall liable to cause personal injury. They place duties on employers, and those who control any work at height activity (such as facilities managers or building owners who may contract others to work at height). As part of the Regulations, you must ensure:
all work at height is properly planned and organised
those involved in work at height are competent
the risks from work at height are assessed, and appropriate work equipment is selected and used
the risks of working on or near fragile surfaces are properly managed
the equipment used for work at height is properly inspected and maintained
Before working at height, you must follow these simple steps:
avoid work at height where it is reasonably practicable to do so
where work at height cannot be easily avoided, prevent falls using either an existing place of work that is already safe or the right type of equipment
minimise the distance and consequences of a fall, by using the right type of equipment where the risk cannot be eliminated
Unsafe working at height can occur when tasks are not properly planned. In planning a work at height task, you should:
do as much work as possible from the ground
ensure workers can get safely to and from where they work at height
ensure equipment is suitable, stable and strong enough for the job, maintained and checked regularly
not overload or overreach when working at height
take precautions when working on or near fragile surfaces
provide protection from falling objects
consider emergency evacuation and rescue procedures
What about ladders?
Unsafe working can occur if ladders are used inappropriately. The law says that ladders can be used for work at height when a risk assessment has shown that using equipment offering a higher level of fall protection is not justified because of the low risk and short duration of use; or there are existing workplace features which cannot be altered.
Short duration is not the deciding factor in establishing whether an activity is acceptable or not – you should have first considered the risk. As a guide, if your task would require staying up a leaning ladder or stepladder for more than 30 minutes at a time, it is recommended that you consider alternative equipment.
You should only use ladders in situations where they can be used safely, e.g. where the ladder will be level and stable, and where its reasonably practicable to do so, the ladder can be secured.
Transport safety failures resulted in a company being fined £380,000 after a bus caused life-changing injuries to one of its employees when they were between a reversing bus and a stationary vehicle.
The employee of Stagecoach Devon Limited was working at the company’s Torquay depot on the morning of 3 October 2019. Due to space limitations, buses often had to reverse to be able to leave the depot in readiness for the day’s work. The sole banksman, who would direct vehicles, was occupied at the top of the depot where most buses were parked.
As a result, it became custom and practice for the bus drivers at the front of the depot to reverse without a banksman, or to assist each other when reversing, despite not being trained as banksmen.
The injured employee, who was caught between a reversing bus and a stationary vehicle, suffered compound multiple fractures of his arm requiring six titanium plates and 65 metal staples between his wrist and elbow.
An investigation by the Health and Safety Executive (HSE) found that Stagecoach failed to put a suitable and sufficient risk assessment in place.
This should have identified the risks inherent in the bus parking layout and action could have been taken to remove the need to reverse or mitigate the risks from reversing. For example, changing the parking layout, providing a sufficient number of trained banksmen for peak times, and improved segregation of vehicles and pedestrians.
At Plymouth Magistrates Court Stagecoach Devon Limited of Stockport, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. The company was fined £380,000 and ordered to pay costs of £18,000.
“Those in control of work have a responsibility to devise safe methods of working and to provide the necessary information, instruction and training to their workers in the safe system of work.
“If a suitable safe system of work had been in place prior to the incident, the life changing injuries sustained by the employee could have been prevented.”
HSE Inspector James Collins
Employers who operate depots must ensure that a suitable and sufficient risk assessment is undertaken covering the transport risks to ensure transport safety failures do not occur. When considering the risks from vehicle manoeuvring, employers must ensure that vehicles have large enough windscreens (with wipers where necessary) and external mirrors to provide an all-round field of vision. It is often worthwhile adding extra mirrors to reduce blind spots for drivers. Side mirrors can allow drivers of larger vehicles to see cyclists and pedestrians alongside their vehicles and can be effective in improving visibility around the vehicle from the driving position. These mirrors are fitted to larger road-going vehicles as standard.
Drivers should not place items in the windscreen area or in the way of mirrors or monitors, where they might impede visibility from the driving position. The area of the windscreen that is kept clear by the wipers should not be obscured, and nor should the side windows. Windows and mirrors will also normally need to be kept clean and in good repair. Dirt or cracks can make windows or mirrors less effective.
Some types of vehicles (such as straddle carriers, large shovel loaders and some large quarry vehicles) often have poor visibility from the cab. Visibility can be poor to the side or front of a vehicle as well as behind and loads on vehicles can severely limit the visibility from the driving position.
Lift trucks and compact dumper vehicles in particular can have difficulty with forward visibility when they are transporting bulky loads. Employers should recognise these risks in their risk assessment and think about ways to minimise them.
Closed-circuit television (CCTV) may help drivers to see clearly behind or around the vehicle. CCTV can cover most blind spots and the cost of fitting CCTV systems has fallen since the technology was first developed. Companies who have fitted CCTV have found that it can reduce the number of reversing accidents, so the systems usually pay for themselves in a few years.
Colour systems can provide a clearer image where there is little contrast (for example, outside on an overcast day). However, black-and-white systems normally provide a better image in lower light or darkness, and usually come with infra-red, which can be more effective than standard cameras at night.
Monitors should have adjustable contrast, brightness and resolution controls to make them useful in the different light conditions in which they will be used. Drivers may need to use a hood to shield any monitor from glare.
If possible, fit the camera for a CCTV system high up in the middle of the vehicle’s rear (one camera), or in the upper corners (two cameras). This will provide a greater field of vision and a better angle for the driver to judge distance and provide. It also keeps the camera clear of dust and spray, and out of the reach of thieves or vandals.
However, CCTV systems do have some limitations which employers should consider:
If the vehicle leaves a darker area to a more strongly lit area (for example, driving out of a building) the system may need time to adjust to the brightness.
A dirty lens will make a camera much less effective.
Drivers may find it difficult to judge heights and distances.
Drivers should not be complacent about safety even with CCTV systems installed as this can result in transport safety failures. They should be trained in proper use of the equipment and employers have a duty to provide such training and instruction.
Reversing alarms may be drowned out by other noise or may be so common on a busy site that pedestrians do not take any notice. It can also be hard to know exactly where an alarm is coming from, and people who are less able to hear are also at greater risk. Alarms can also disturb nearby residents. However, reversing alarms may be appropriate (based on the risk assessment) but might be most effectively used with other measures, such as warning lights.
The Health and Safety Executive (HSE) has successfully undertaken a prosecution following the death of a seven-year-old child over construction site safety. The civil engineering firm involved has been fined £600K for safety breaches after the child became trapped and suffocated.
The seven-year-old went missing from home on the morning of 26 July 2015 and was found the next morning by workers at the construction site at Bank End Road, Worsborough, in South Yorkshire.
An investigation by the HSE found that the child had become trapped in a drainage pipe, which had been fixed into the ground in preparation for the installation of fencing posts. Tragically, he had suffocated before being found the next morning when work restarted on site.
The construction site was a new-build housing development next to an existing housing estate and adjacent to busy pedestrian footpaths and roads. The HSE investigation found that there was insufficient fencing in place to prevent unauthorised persons from accessing the construction site due to a combination of poor planning, management and monitoring of the site and its perimeter.
HSE photograph
“Conley should never have been able to be on that site. He should have been kept out. The construction industry should be aware of the dangers of construction sites to members of the public and any other unauthorised persons.
“The dangers to children gaining access to construction sites and treating them like a playground is an ongoing problem which must be addressed at all types of sites no matter what their complexity or size.
“The industry must do all it can to ensure children can’t access construction sites and be exposed to the inherent risks they present to prevent further tragedies like this from occurring.”
HSE inspector Paul Yeadon
Construction site safety is vital as such sites are dangerous work environments but are also interesting places for children. All construction sites require measures to manage access across defined boundaries; and steps to exclude unauthorised people.
While the numbers of children being killed or injured on construction sites has reduced, there is no room for complacency. Each year, two or three children die after gaining access to building sites, and many more are injured. Also, members of the public are seriously injured by materials or tools falling outside the site boundary, falling into trenches or being struck by moving plant and vehicles.
Some children are drawn to construction sites as exciting places to play. Those managing construction sites must do everything they can to keep children out of the site and away from danger. The following specific steps are particularly relevant to child safety:
Secure sites adequately when finishing work for the day.
Barrier off or cover over excavations and pits.
Isolate and immobilise vehicles and plant and if possible, lock them in a compound.
Store building materials (such as pipes, manhole rings, and cement bags) so that they cannot topple or roll over.
Remove access ladders from excavations and scaffolds.
Cleveland Potash fined £3.6m following accidents which left two electricians injured.
The owners of Boulby Mine in Saltburn-by-the-Sea were fined £3.6 million and ordered to pay costs of £185,000 after an investigation by the Health and Safety Executive (HSE).
Cleveland Potash Limited (CPL) own the mine, which extracts organic fertiliser known as Polyhalite. Teesside Crown Court heard that on the 3 August 2016 a contract electrician received serious burns from an 11,000-volt electrical system. He unknowingly had placed a vacuum cleaner nozzle into a live electrical chamber. He had to be air lifted to Newcastle hospital specialist burns unit, where he was placed in an induced coma for 10 days.
On the 12 February 2019, another electrical contractor made contact with a live conductor on a 415-volt electrical system during electrical testing works and received serious burns. He was hospitalised for six days.
The HSE found deficiencies from the owner of the mine in risk assessment, planning of works, and shortfalls in providing warnings about which parts of the electrical systems the two electricians were working on remained live.
Cleveland Potash Limited (CPL) of Boulby Mine, Loftus, Saltburn-by-the-Sea, Cleveland pleaded guilty to breaching Section 2 (1) and two counts of Section 3(1) of the Health and Safety at Work etc Act 1974.
“These serious electrical incidents were easily preventable. CPL should have had a heightened awareness of electrical risks following the first incident in 2016, however failures to apply learnings and to adequately control risks resulted in the 2019 incident”.
“Employers should make sure they properly assess and apply effective control measures to minimise risks when working on electrical systems. Both these incidents were preventable if long established electrical safety practices been applied.”
HSE specialist regulatory principal inspector Paul Bradley
Employers are required by law to protect your employees, and others, from harm. Under the Management of Health and Safety at Work Regulations 1999, the minimum an employer must do is:
identify what could cause injury or illness in your business (hazards)
decide how likely it is that someone could be harmed and how seriously (the risk)
take action to eliminate the hazard, or if this isn’t possible, control the risk
Assessing risk is just one part of the overall process used to control risks in the workplace. For most small, low-risk businesses the steps that employers need to take are straightforward. Risk management is a step-by-step process for controlling health and safety risks caused by hazards in the workplace. An employer can undertake the risk assessment themselves or appoint a competent person to help. The five steps of a risk assessment are:
Identify hazards
Assess the risks
Control the risks
Record your findings
Review the controls
Identify hazards
Look around your workplace and think about what may cause harm (these are called hazards). Think about:
how people work and how plant and equipment are used
what chemicals and substances are used
what safe or unsafe work practices exist
the general state of your premises
Look back at previous accident and ill health records as these can help you identify less obvious hazards. Take account of non-routine operations, such as maintenance, cleaning or changes in production cycles. Think about hazards to health, such as manual handling, use of chemicals and causes of work-related stress. For each hazard, think about how employees, contractors, visitors or members of the public might be harmed.
Some workers have particular requirements, for example young workers, migrant workers, new or expectant mothers and people with disabilities. Ensure that you involve your employees as they will usually have good ideas.
Assess the risks
Once you have identified the hazards, decide how likely it is that someone could be harmed and how serious it could be – this is assessing the level of risk. In assessing the level of risk, decide:
Who might be harmed and how
What you’re already doing to control the risks
What further action you need to take to control the risks
Who needs to carry out the action
When the action is needed by
Control the risks
Look at what you are already doing, and the controls you already have in place to ensure the safety of workers and others. Consider:
Can I get rid of the hazard altogether?
If not, how can I control the risks so that harm is unlikely?
If you need further controls, consider:
redesigning the job
replacing the materials, machinery or process
organising your work to reduce exposure to the materials, machinery or process
identifying and implementing practical measures needed to work safely
providing personal protective equipment and making sure workers wear it
Put the controls you have identified in place. It is important to remember that you are not expected to eliminate all risks but you need to do everything ‘reasonably practicable’ to protect people from harm. This means balancing the level of risk against the measures needed to control the real risk in terms of money, time or trouble.
Record your findings
If you employ 5 or more people, you must record your significant findings, including:
the hazards (things that may cause harm)
who might be harmed and how
what you are doing to control the risks
The HSE has a number of example risk assessments on its website as a guide for employers. Employers should not rely purely on paperwork, as the main priority should be to control the risks in practice.
Review the controls
You must review the controls you have put in place to make sure they are working. You should also review them if:
they may no longer be effective
there are changes in the workplace that could lead to new risks such as changes to:
staff
a process
the substances or equipment used
Also consider a review if your workers have spotted any problems or there have been any accidents or near misses. You should then update your risk assessment record with any changes you make.
Technology firm Dyson fined after worker injured by a machine sustained head and chest injuries when he was struck by a 1.5 tonne milling machine.
The worker, at Dyson’s Wiltshire factory, was hit while moving the machine, which fell on top of him. He only escaped being crushed under the weight of the machine because it landed on two toolboxes and the handle of another machine. The incident happened on August 27, 2019.
An investigation by the Health and Safety Executive (HSE) found Dyson Technology Limited failed to provide suitable and sufficient information, instruction, and training to those undertaking the task. They also failed to adequately assess the task and devise a safe system of work to ensure the machine was moved safely.
Milling machine accident (coutesy of HSE)
The investigation found that two employees were moving a large CNC milling machine within the engineering department of Dyson’s site at Tetbury Hill, Malmesbury. The employees lifted the machine using a five-tonne jack and were in the process of replacing two fixed roller skates with several wooden blocks when it fell.
One of the employees was struck by the machine and sustained a wound to his head and injuries to his chest.
At Swindon Magistrates’ Court Dyson Technology Limited of Tetbury Hill, Malmesbury, Wiltshire pleaded guilty to breaching Section 2(1) of the Health & Safety at Work etc Act 1974. The company was fined £1.2m and ordered to pay costs of £11,511.
“This incident could have been fatal. Those in control of work have a duty to assess the risks, devise safe methods of working and to provide the necessary information, instruction, and training to their workforce.
“Had a suitable safe system of work been in place this incident and the related injuries could have been prevented.”
HSE inspector James Hole
The Management of Health and Safety at Work Regulations 1999 (MHSWR) require employers to put in place arrangements to control health and safety risks. As a minimum, employers must have the processes and procedures required to meet the legal requirements, including:
a written health and safety policy (if they employ five or more people)
assessments of the risks to employees, contractors, customers, partners, and any other people who could be affected by work activities – and record the significant findings in writing (if they employ five or more people). Any risk assessment must be ‘suitable and sufficient’
arrangements for the effective planning, organisation, control, monitoring and review of the preventive and protective measures that come from risk assessment
access to competent health and safety advice either internally or externally e.g. a consultant
providing employees with information about the risks in their workplace and how they are protected
instruction and training for employees in how to deal with the risks
ensuring there is adequate and appropriate supervision in place
consulting with employees about their risks at work and current preventive and protective measures
A worker injured by lathe suffered lacerations to his forearm and injuries to his neck and face. Kent Auto Developments Limited, a classic Mini car part manufacturing and engineering firm based in Romney Marsh, was fined following an investigation and prosecution.
On 10 August 2020, the worker was completing the process of polishing brake drums rotating on a manual metalworking lathe. The worker was applying emery cloth by hand, a practice condoned by the company, when he was drawn into the machine which resulted in lacerations to his forearm and injuries to his neck and face. Similar occurrences in Great Britain have resulted in other serious injuries to workers such as severed limbs.
An investigation by the HSE found that the business had failed to implement a safe system of work in that employees had routinely polished brake drums with an emery cloth by hand on the lathe. This task is known to be dangerous due to the potential risk of entanglement of the cloth in the rotating parts of the lathe, which can result in serious personal injury. If the requirement to use emery cloth on a lathe is unavoidable, then tool posts and holding devices should be used.
At Folkestone Magistrates’ Court, Kent Auto Developments Ltd pleaded guilty to breaching Section 2(1) of The Health and Safety at Work etc Act 1974 and Regulation 4(2) of The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 and was fined £12,000 and ordered to pay £6,349.34 in costs.
“We still see incidents like this, where unsafe work practices with machinery lead to injury, despite the existence of specific guidance published by HSE.
“Workers coming into contact with machinery is the fourth biggest cause of workplace fatalities in Great Britain, with 14 people killed in the year 2020/21. Over 50,000 non-fatal injuries were reported by employers in the same year.
“Employers should ensure that measures are taken to prevent workers from sustaining injury, where it is evident that persons are at risk of becoming entangled in machinery. It’s important that, when people do get hurt, the relevant authorities are notified so that action can be taken to prevent recurrence.”
HSE inspector Sam Brown
Work related deaths and certain injuries are required to be reported to the Health and Safety Executive under RIDDOR. All deaths to workers and non-workers, with the exception of suicides, must be reported if they arise from a work-related accident, including an act of physical violence to a worker.
Specified injuries to workers
The list of ‘specified injuries’ in RIDDOR 2013 replaces the previous list of ‘major injuries’ in RIDDOR 1995. Specified injuries are (regulation 4):
fractures, other than to fingers, thumbs and toes
amputations
any injury likely to lead to permanent loss of sight or reduction in sight
any crush injury to the head or torso causing damage to the brain or internal organs
serious burns (including scalding) which (i) covers more than 10% of the body, or (ii) causes significant damage to the eyes, respiratory system or other vital organs
any scalping requiring hospital treatment
any loss of consciousness caused by head injury or asphyxia
any other injury arising from working in an enclosed space which (i) leads to hypothermia or heat-induced illness, or (ii) requires resuscitation or admittance to hospital for more than 24 hours
Specified work-related accidents must be reported
Over-seven-day incapacitation of a worker
Accidents must be reported where they result in an employee or self-employed person being away from work, or unable to perform their normal work duties, for more than seven consecutive days as the result of their injury. This seven-day period does not include the day of the accident but does include weekends and rest days. The report must be made within 15 days of the accident.
Over-three-day incapacitation
Accidents must be recorded, but not reported where they result in a worker being incapacitated for more than three consecutive days. If you are an employer, who must keep an accident book under the Social Security (Claims and Payments) Regulations 1979, that record will be sufficient.
Non-fatal accidents to non-workers (e.g. members of the public)
Accidents to members of the public or others who are not at work must be reported if they result in an injury and the person is taken directly from the scene of the accident to hospital for treatment to that injury. Examinations and diagnostic tests do not constitute ‘treatment’ in such circumstances. There is no need to report incidents where people are taken to hospital purely as a precaution when no injury is apparent.
Occupational diseases
Employers and self-employed people must report diagnoses of certain occupational diseases, where these are likely to have been caused or made worse by their work: These diseases include:
carpal tunnel syndrome;
severe cramp of the hand or forearm;
occupational dermatitis;
hand-arm vibration syndrome;
occupational asthma;
tendonitis or tenosynovitis of the hand or forearm;
any occupational cancer;
any disease attributed to an occupational exposure to a biological agent.
Dangerous occurrences
Dangerous occurrences are certain, specified near-miss events. Not all such events require reporting. There are 27 categories of dangerous occurrences that are relevant to most workplaces, for example:
the collapse, overturning or failure of load-bearing parts of lifts and lifting equipment;
plant or equipment coming into contact with overhead power lines;
the accidental release of any substance which could cause injury to any person.
Gas incidents
Distributors, fillers, importers & suppliers of flammable gas must report incidents where someone has died, lost consciousness, or been taken to hospital for treatment to an injury arising in connection with that gas. Such incidents should be reported using the Report of a Flammable Gas Incident – online form.
Registered gas engineers (under the Gas Safe Register,) must provide details of any gas appliances or fittings that they consider to be dangerous, to such an extent that people could die, lose consciousness or require hospital treatment. The danger could be due to the design, construction, installation, modification or servicing of that appliance or fitting, which could cause:
an accidental leakage of gas;
incomplete combustion of gas or;
inadequate removal of products of the combustion of gas.
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