Getting back to work and COVID-19 compliance

As the Government looks to slowly start getting us back to work - there will be (and already are) many questions on what individual companies should do.

The general guidance that has been issued is very helpful but may not cover your individual requirements and anxieties. Consider whether you need additional help to determine what is necessary for your business.

Next Steps

All companies have a duty of care to look after their employees’ health. The Health & Safety Executive and Local Authorities will be looking to undertake random inspections to ensure the Risks from COVID-19 have been assessed and are being controlled by businesses.

Before returning, ensure your assessment is complete and the new way of working has been agreed and communicated with your workforce. Nobody wants to see their business, their employees, their families or their customers impacted by this disease. Communication will be key to prevent misinformation and promote sustainable safe and efficient working.

COVID Secure

All risk assessment findings need to be communicated. Furthermore, there is a Government Certificate to sign and display to show you have sufficiently addressed the concerns that COVID-19 raises. Businesses are urged to consider sharing the findings of their assessment on their website and, where you have over 50 employees this will be expected.

Getting Help

If you require any help or guidance in these strange times, we continue to work and are available to help with COVID-19 compliance. We are currently involved with various clients in producing procedures and business specific risk assessments. With our background in laboratory containment facilities and knowledge of biological hazards this is where our heart lies.

We are not just reserved for laboratories. We have been working hard with new and old customers alike in offices, maintenance services, self-employed whom work in other people’s properties and construction businesses. If you need any assistance, please feel free to reach out on 01223 265622 or Doates@healthsafetyworks.co.uk 

Links to Guidance

https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19

https://www.hse.gov.uk/news/working-safely-during-coronavirus-outbreak.htm

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Between the pastel de nata and americanos (mine with milk please) it’s been an absolute pleasure to meet so many people, so happy in their employment, just through being given the opportunity to balance both work and home life in a way that suits them, and of course, the business.

The employees and businesses we have been working with have been demonstrating some serious commitment to making sure arrangements are suitable, risk is assessed (through us – shameless plugging I know) and ensuring they have appropriate systems in place to continue delivering these standards consistently.

Now, I understand this way of working will not be for all, but for the businesses we’ve acted for, it really is proving beneficial. Remote working can bring a whole host of benefits, starting with a greater feeling of flexibility, less commuting, a greater sense of trust and of course a reduction in overheads. As with anything, where there is a positive, there will be a negative. Some of the negatives can be why individuals would choose not to follow this path – after all working from home may not lend to a business model or to a person. Especially if you don’t like the idea of being away from the social aspect a workplace can offer, the need to self-motivate or the inability to physically separate work and home life. Some businesses also tend to just steer clear of it, if they aren’t comfortable in managing and delivering scopes remotely. Like we said, there is a lot of trust involved. I for one am a massive fan but can appreciate it has to be in the right circumstances.

Since discussing our recent trips – as you do – we’ve had people and businesses hang fire and in a moment of business orientated, self realisation, make a scribble on their to do list. As they also need to consider the implications and risks of home or remote working, as they themselves do it, or have those working for them that do.

So whats our point? Its an important area to control for businesses, even if not considered high risk, its one that shouldnt be forgotten. For those wishing to go it alone, we recommend using a checklist type approach. Covering key topics such as:

• Work environment

• Use of any hazardous substances

• Work Equipment /DSE Arrangements

• Lone Working

• Business Travel and,

• Isolated working / wellbeing

It’s also very handy to use pictures to capture the working environment. Again, by using technology (pictures or even videos) you can remotely review the arrangements and visit only where concerns arise.

Once satisfied that you have identified all key areas ensure you have adequate means to address any hazards, and where you don’t, introduce controls to do so. Simples. Home working can be a little bit of a learning curve. We’ve been to and reviewed an array of set ups. Some businesses get it right from the off, working with the individuals to match provisions to that of the office environment, others tweak it and others just simply haven’t done anything (which isnt where they need to be). BUT that is the purpose of these reviews, don’t be put off if you realise your arrangements aren’t hitting the mark or are a bit inconsistent. These reviews will allow you to see what needs to change and plan effectively.

Working from home is ‘normally’ relatively low risk administrative work. Therefore, it’s important to proactively manage the areas this type of work can affect (such as display screen equipment, wellbeing and general working environment) sensibly – being mindful not to overstep the boundaries, after all this is someone’s home as well as a place to work.

If, however you have individuals working on more hazardous activities such as using substances hazardous to health, using machinery or soldering etc. then more specific controls will be required to safeguard them. Again, you’ll be able to identify this through your assessment.

Hopefully you find this quick overview handy, however should you or your business need more assistance in managing the risk to remote or homeworkers, please feel free to get in touch on either 01223 265622 or 01502 446488. Even if its just to bounce some ideas off us...we always make time.

*Alternatively, the Health & Safety Executive and IOSH have lots of helpful information available through their websites!*

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This afternoon finds us helping a few of our customers prep their annual reports and generally discussing annual review.

As always this prompts us to look at the UK and encourage incorporating national trends and learnings into reviews and plans for the upcoming year. Whilst its always best to target your work and tailor your plan to your specific needs, its also good to learn from other industries and sectors. Looking at trends, using key information to identify any gaps or actions needed to bolster any current control measures.

The HSE have kindly, as always, released the statistics in a super easy to use summary, have a look and see whether there is anything you can learn from – it can’t hurt right? http://www.hse.gov.uk/statistics/overall/hssh1718.pdf

So why complete an annual Review or Report?

Learning, embracing and improving - think back to plan, do, check, act.

Businesses know their systems and their activities. They’ve done their planning, they are doing their doing and it’s all going well. It’s at this stage that it’s important to take stock and reflect - check and Act. All too often, we become so busy with the day to day running we may miss weaknesses or gaps that need addressing. As part of the annual review, reflect on your plan, your doing and then act accordingly.  Remember – even small businesses can benefit from some reflection time! It can be completely informal. Its about whatever works for you.

When reviewing think about:

Reviewing your performance

Make sure that your plan has been implemented – don’t just think documentation. Gain feedback from all different levels of the business. Who knows better than your employees, committee members or audit teams.

Think about how your projects, sale or general operations delivered for the year? Have you seen some bumps, or has it all been smooth?

 Have your audits or inspections uncovered issues or lots of best practice? Are you reaching legal compliance? think about and review how well the main risks are being controlled and if you are achieving your aims. If you feel like its failing in places, can you pin point anything - it may be hard but think about whether this is because of the system you have, behaviours or management?

Use your investigations. Hopefully you investigate the causes of significant accidents, incidents or near misses – look at what has occurred, and try to learn, are there trends? What could your business do in 2019/20 to change things.

Act

Learn from the accidents and incidents, ill-health data, errors and relevant experience of other businesses. No one is perfect, so make use of all relevant and comparable stories.

Revisit plans, policy documents and risk assessments to see if they need updating, if they don’t, then brilliant! If they do, set your company SMART (Specific, Measurable, Achievable, Realistic and Time) based targets.

We always find this review and level of honesty with yourselves will help you flourish. Remember that even well designed and established systems sometimes need tweaks.

And remember, it doesnt need to be long and arduous - break it down. Make it work for you. No one is expecting a small business to produce a lengthy review document, just be sure that you  have reflected, know the issues (if there are any) and what you will be doing going forward.

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So, how has the sentencing guideline changed things over the last two years? Well here’s our top picks and a small spot light on cases we’ve seen since the new guidelines came in to play.

•        The new sentencing guidelines provide a clear structure and starting point for issuing penalties to companies and individuals that commit health and safety offences. Previously, the guidelines were mainly defined to manage corporate manslaughter cases leaving little guidance on management of all other cases. Statistics issued by the HSE for 2016/17 show how significant the financial repercussions have been, with the HSE securing a 93% conviction rate and average fines reaching £126,000 per case, in comparison to 2014/15 which averaged £29,000.
•        Companies and individuals are not only being tried for incidents which resulted in actual harm or loss but where there was potential (be that through deliberate acts or insufficient understanding or management). Thus hopefully preventing poor practices and weak management strategies. Emphasising the need for safety cultures to improve. 
•        Each case is assessed through the same 9 stages. The first four assessment stages have been considered the most important by businesses as this will dictate the level of penalty or sentence delivered. The first stage is defining the potential level of harm and culpability. The seriousness of the harm will be classified in three ‘levels’. The level of culpability – one of the biggest factors, is scored from very high - which shows deliberate breaches through to Low, where it is shown an organization did not fall far from the standard.
•        What would render a business in the High Category? Examples include falling short of the recognised industry standards, ignoring concerns raised by employees or individuals, failing to implement changes after related incidents. Allowing breaches to continue – overdue actions anyone?
•         Fines start from approximately £300,000 and can reach upwards of £10,000,000. Where a business or individuals’ turnover is £50m+, there is allowance for fines to be totalled higher than the £10m  - this change is to ensure a proportionate sentence every time.
•        Roles within businesses are also assessed against the sentencing criteria where it is proven that the act occurred with consent, passive consent (Connivance) or neglect. Their individual involvement, understanding, foresight and judgement is also considered and will be acted upon during sentencing.
•        For businesses divided in to separate Legal entities (e.g. within a Group structure), their case will normally be held and assessed solely on the entity. But, businesses must note, that if the court feel it is in the best interest to base the assessment on the Group, this can and will be done.
•        Since the introduction of the guidelines, financial penalties remain the most common result of a conviction however, there has been an increase in the number of immediate and suspended custodial sentences delivered. 2016/17 saw an increase of immediate sentences go from 4 to 6 percent and suspended sentences double from 6 to 12 percent.   
•         As we have previously mentioned, the level of penalty imposed is assessed vigorously, with actual and potential harm a key consideration. Statistics released by the Health and Safety Executive have shown that breaches of the Gas Safety (Installation and Use) 1998 regulations has resulted in over half of the suspended and immediate sentences. Showing that those failing to take note of industry hazards and best practice will be held accountable for significant failings.

Case one: Gas Safety

A Hampshire-based utilities company was fined for dangerous gas installations found at the Royal Veterinary College in June 2018. Multiple gas leaks were found across the student village, putting hundreds of students housed on site at risk.

St. Alban’s Crown Court heard how Dimension Data Advanced Infrastructure Ltd had been sub-contracted to carry out gas, plumbing and above ground drainage work at the College in 2010 – 2011. Over 50 incorrect fittings had been used with cheaper water fittings being used instead of gas fittings. The installation was classified as ‘Immediately Dangerous’ under the gas safe classification scheme. At the time the work was carried out the business did not employ Gas Safe Registered personnel. Dimension Data Advanced Infrastructure Ltd of Fleet, Hampshire pleaded guilty to breaching Section 3 of the Health and Safety at Work Act 1974 and was fined £466,660 and ordered to pay costs of £11,548.68.

Case two: Workplace Transport

Redrow Homes Limited and WPI Civil Engineering Ltd were fined after the death of a scaffolder at the Redrow home construction site. In August 2013, 67-year-old Henry Jones was walking across the site in Knotty Ash when he was struck by a reversing dumper truck. Tragically, Mr. Jones was crushed under the rear wheels of the vehicle and died at the scene. Investigations found that there had been no action taken to maintain provisions separating pedestrians and work place transport.

Redrow Homes Limited pleaded guilty to Section 3(1) and Section 33(1)(c) of The Health and Safety at Work etc. Act 1974 and was fined £500,000 with costs of £101,000. WPI Civil Engineering Limited also pleaded guilty to breaching Section 3(1) and Section 33(1)(c) of the Health and Safety at Work etc. Act 1974 and was fined £300,000 with costs of £17,000.

Case three: Dangerous Substances and Explosive Atmospheres

A Norwich manufacturing firm was fined after two employees working with flammable substances in a spray booth were killed by an explosion. Norwich Crown Court heard how, on 13 July 2015, two workers who had been spraying welded steel buckets had died when the flammable vapour generated whilst cleaning or flushing a paint spray gun was ignited by one of the various sources of ignition present at the scene.

An investigation by the Health and Safety Executive found the immediate cause of the explosion to be the inconsistent and incomplete approach to health and safety by the company and its employees. This resulted in the lack of suitable control measures; specifically, a suitable and sufficient safe system of work for the activities in the spray booth.

Harford Attachments Limited pleaded guilty to breaching Section 2(1) of the Health & Safety at Work etc. Act 1974 and breaching Regulation 6(4)(f)(i) of the Dangerous Substances and Explosive Atmosphere Regulations 2002. They were fined £145,000 and ordered to pay costs of £65,900

In summary

Safeguarding employees, and all others, who can be affected by your operations, is your responsibility - it will not only eliminate the risk of receiving a penalty but also allow you to

•         maintain a strong reputation
•         deliver business success
•         make your business more attractive – to new employees or potential customers

and who doesn’t want that?

Ultimately, health, safety and environmental matters should be managed practically within your business, after all it has to work for you. Risks need to be identified and reduced through sensible and proportionate procedures and practice.

For further information on maintaining compliance, implementing safety management systems and best practice please feel free to get in touch with a member of the HSW team.

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In honour of mental health awareness week, which is currently being promoted by the Mental Health Foundation, HSW’s SimplySafe bulletin has been produced to encourage businesses to tackle Work Related Stress.

The Health and Safety Executive (HSE), the enforcing body for health and safety in the workplace, has set three priority health targets for action during 2018 and beyond – these are occupational lung disease, musculoskeletal disorders (e.g. repetitive strain injury) and work-related stress (WRS).

WRS affects almost half-a-million workers and is the second most commonly reported cause of occupational ill-health in GB, accounting for 37% of work-related ill health cases and 45% of working days lost. Annually, stress, anxiety and depression results in 11.7 million working days lost at an estimated social and economic cost of £5.2 billion. Not only is WRS damaging to health and wellbeing, it can impact productivity, competitiveness, and profitability.

WRS is defined as a harmful reaction caused by undue pressures and demands at work. This is caused mainly by workload (44% of cases), lack of support (14%), threats or bullying (13%) or changes at work (8%)

The HSE is encouraging employers to take a proactive stance to managing WRS using the HSE Management Standards, these identify 6 aspects of work which can contribute to WRS:

• workload, work pattern and environment
• how much say a person has about the way they work
• support and positive relationships with line managers and colleagues
• staff understand their role within the organisation and prevention of conflicting roles
• how organisational change (large or small) is managed, including communication and training.

It is also important to have a clear Stress Policy, which focuses on:

• preventing stress by knowing its causes
• recognition of any symptoms that do occur (lack of energy, mood swings, lapses in concentration, headaches, tiredness, weight loss, absenteeism) and
• a clear process for managing cases.

If you have any questions or queries on how to manage stress in the work place, or you wish to have an informal chat about the topics covered, please feel free to get in touch with one of our advisors.

Alternatively, you can gather information from the HSE or contact the Mental Health Foundation https://www.mentalhealth.org.uk/campaigns/mental-health-awareness-week

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This year has been very busy and we continue to develop as a Company.

The following Regulations are under review by the HSE:

CDM Regulations –

• the CDM-C role will go and there will be a principal designer role.
• removal of the domestic client exemption with transfer of current CDM duties to the contractor/designer
• introducing a duty on information, instruction, training and supervision to replace the duty to assess competence;
• replacement of the ACOP with tailored guidance          

PUWER ACOP

New ACOPs have been issued of the following:

Control of Asbestos Regulations  New ACOP, there were 5 key changes.

Legionnaires' disease. The control of legionella bacteria in water systems.  New guidance and ACOP.

Control of Substances Hazardous to Health Regulations New Guidance and ACOP

The HSE state this is to "to clarify and simplify practical advice to help dutyholders comply with the requirements of Control of Substances Hazardous to Health".

The main changes to the COSSH ACOP, released on 3 December, includes updating the material supporting regulations 7, 9, 10 and 11 to take account of legislative changes, such as the Regulations for the Registration, Evaluation, Authorisation and restriction of Chemicals (REACH) and the Classification, Labelling and Packaging of substances and mixtures (CLP).

Additionally, advice provided in the appendices to the previous ACOP has either been repositioned next to the relevant regulation or will be made available separately on the HSE website.

Workplace Health Safety and Welfare Regs 1992 ACOP has been up dated.

The 5 original DSEAR ACOP’s have been consolidated into a single document.

The ACOP for the Management of Health and Safety at Work 1992 has been removed and not replaced. The HSE now direct you to guidance on their website.

Finally HSG65 Managing for Health and Safety has been updated to simplify it.

HSW Ltd has been extremely busy over recent months with both new and existing customers.  We have recently started working with Biotech Company TwistDX undertaking a complete Health and Safety review covering their Science Park and Babraham Road premises.  We are also now working with Norwich Research Park where we have been asked to help with Laboratory Specifications.

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We are now the only Company in the UK to provide a IOSH accredited Laboratory Safety Course.

 We started the accreditation process last year and have finally achieved accreditaion.

Two courses scheduled for later this year at St Johns Innovation Centre for up to 10 delegates, this is a two day course and the cost includes all materials, coffee tea and lunch.

See our courses page for dates and costs.

This is an assessed course and all delegates who pass will gain an IOSH certificate.

A course book is also Included.

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We have been very busy over the last year, so we have had little time to upate this section of the website,

We are still working with  a pharmaceutical company  in developing their safety management system over their three sites. We are implementing a computer based CoSHH system that will help to ensure all SDS's are mainitained on line and up to date. This should safe a lot of time with the management of SDS's.

We have aslo been involved in property surveys and construction projects at Cambridge Colleges, these included boiler installations and lead roof work.

Earlier this year we were approached Cranfield University School Of applied science to look at their CoSHH procedures and practices.

This involved assessing CoSHH related safety in a variety of research environments:-

• Research Welding,
• Vehicle traction testing on loose surfaces,
• Soil, household waste and sewage sample dust exposure,
• Nanoparticle research
• Fermentation and analysis of sewage
• Exposure powdered metal coatings, this included exposure to silica, alumina, nickel and chrome.
• Testing to destruction of Formula One carbon fibre body structures.

We assessed the current procedures and controls and submitted a report with recommendations.  As can be seen from the Research involved this was not a straight forward application of the COSHH regulations.

• Along with the report we produced documentation to cover,
• Chemical Storage
• CoSHH Health Surveillance
• CoSHH Exposure Monitoring
• Guidance on Fume Cupboard and Microbiological Safety Cabinet Use
• Use of Nano Materials
• PPE Guidance

The Cranfield School of Biological Science’s aim was to obtain certification to OHSAS18001 which we are pleased to say that with our input to their CoSHH systems they achieved in April with only 3 minor non-conformities.

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Health & Safety Works Ltd has been busy throughout the year looking into many different areas of H&S for clients.

This has varied from bespoke CoSHH and Risk Assessment training, Building Safety Surveys to Ergonomic Risk Assessments.

Across the last year we have 15 Clients on an annual retainer for HSW Ltd to be their named competent person for all H&S matters, as well as welcoming some new companies to our Client list; Bluestone Creative  an office based web design company, Abbey Barns a Private House Estate management company and SDM Construction amongst others.

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We have taken on many new clients this year and have been helping them with all aspects of H&S. These include AATEC SERVICES LTD, i2, Stem Cell Technologies, Achieve IT Solutions, Burwell Maintanence Ltd, Industrial Site Services.

We have also been training for ERBI, Principle People, J Brock and Sons, Giuseppe Piran Limited and Grifols

We can help on any aspect of health and safety be it construction, offices, laboratories and we have speclist knowledge in the area of biotechnology, COSHH, DSEAR, REACH and CHIP.

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