Health Safety Executive Issued by HSE s Local Authority

Health Safety Executive Issued by HSE’s Local Authority Unit Rose Court 2 Southwark Bridge LONDON SE1 9HS Tel: 020 7717 6442 Fax: 020 717 6418 Issue No. 1 February 2002 Contents News Editor’s Notes New HSC Enforcement Policy Statement - Enforcement Management Model - Enforcement Handbook Revitalising Health and Safety – MSD Programme Reminder and Update “Revitalising” HSE Action HELA LAC on auditing HELA Annual Report 2002 Wanted Ads Are you seeking a LAPS partner? EHO’s wanted? Information National Accident Data LAU Webpages - We need your help! Reducing risks, protecting people – Publication of R2P2 & ALARP guidelines Healthy Workplace Initiative Conway County BC – Manual Handling Report 2002 European Week for Safety and Health Legal Matters Enforcement Management Model (EMM), Inspection aide-memoires and Victim Personal Statements Workplace Transport and Report on National Project 2000/01 – Effectiveness of management systems in preventing workrelated road traffic incidents HELA Award for Innovation 2001 – articles Attachments ICC News Dangerous Substances and Explosive Atmospheres Regulations - Update Questionnaire: Evaluation of the HSE LAU Webpages Stop Press: The Newsletter will be available in electronic format ONLY from April 2002 Page 1 ‘Editor’s Notes’ Welcome to the first issue of the Newsletter for 2002. Slightly later than usual but we have recently moved offices and undergone a number of other changes since the New Year. We said goodbye and goodluck to Brian Etheridge, Sharon Moore (Brian’s Personal Secretary) and Dawn Gray, a member of the Newsletter’s editorial team who is currently on maternity leave. As reported in the last Newsletter Brian has moved on promotion to HSE’s Safety Policy Directorate. He is now responsible for Gas and Transport Safety Policy and will no doubt keep a watchful eye on any issues arising from his new work responsibilities, which have an impact on LAs. Nigel Hammond, Head of LAU2, is acting Head of LAU until Brian’s successor is appointed and Dawn is to be replaced, temporarily, by Russell Reefer. Our congratulations also go to Shila Patel, LAU2, who will shortly be moving to HSE’s Railway Directorate on a welldeserved promotion. You will be pleased to know that the rest of us are staying put, for now! The next Newsletter is due for publication (electronically only) in April. Please send any contributions, comments and suggestions about the Newsletter to Pauline Storey, LAU Tel: 020 7717 6451 pauline.storey@hse.gsi.gov.uk Editorial Team: Alan Plom, Pauline Storey, and Russell Reefer New HSC Enforcement Policy Statement HSC published its new enforcement policy statement (EPS) on 28 January. The new statement gives overall direction to HSE and LAs in investigation and enforcement decisions. It also requires certain key aspects of good enforcement practice and has important implications for the day-to-day work of inspectors. It is therefore a fundamental part of the HSC’s guidance issued to LAs under Section18 (s18) HSWA. The key enforcement principles of proportionality, targeting, consistency and transparency remain at the heart of the EPS. The new statement shows how these principles also apply to investigations and, for the first time, includes a statement about the accountability of enforcing authorities. It sets out in more detail what is expected of enforcing authorities, and so in turn is clearer about what employers, employees and others can expect from us. It presents HSE and LAs with challenges, especially to continue to be as open as we can about enforcement, in line with HSC’s policy on openness, and subject to the requirements and constraints of the law. The range of enforcement options in the EPS has been extended to include formal cautions. The EPS will continue to ensure that lesser breaches generally receive a lighter touch and that the response to serious breaches is appropriately tough. Hpwever, formal cautions should not be seen as ‘the easy way out’ or the ‘cheap option’. HSC has set out, in greater detail than before, when it considers the public interest lies in prosecution – this includes a list of circumstances in which HSC considers prosecution should be the normal response and state that resources should not be a limiting factor. Further guidance will be needed, to promote a consistent response. Particularly relevant to this is the Enforcement Management Model (EMM). The EMM for LAs (EMM (LA)) was intended to be issued early in the New Year. However, the EMM has been substantially revised to incorporate the new EPS and comments from HSE and LA inspectors. HELA decided these should be incorporated in the training package for LA enforcers and it has therefore been accepted that 2002/3 will be used as a ‘calibration year‘ to enable the package to Page 2 be further developed and all enforcement officers to be fully trained in the new procedures. The HSC’s new EPS is on the HSE web site (www.hse.gov.uk) accessible via the enforcement action and Enforcement Policy hyperlinks (www.hse.gov.uk/pubns/hsc15.pdf). The original EPS included in the s18 guidance pack, as Annex A, will be reissued in ‘glossy’ format as soon as possible. Meanwhile, copies of the original EPS stored in LAs’ s18 guidance/reference files and elsewhere should be replaced by the new version. NB: You are reminded that the ‘hard copies’ of the Enforcement Handbook originally issued to LAs should not now be used unless you have manually updated them. The latest complete version is available on the HSE/LAU ‘closed’ web pages. The Handbooks are currently under review. Worryingly, there are many officers who still do not know about the closed site or have access to it. Directors/Chief Environmental Health Officers were given the passwords to gain access to the closed site in a letter from Brian Etheridge dated 13 March 2001. All enforcement staff should be aware of this and make use of the guidance on the site in accordance with s18 HSWA. Contact: Alan Plom, HSE, LAU1, Tel: 020 7717 6493 alan.plom@hse.gsi.gov.uk Revitalising Health & Safety (RHS) – MSD Programme Reminder and Update MSD Programme: we would like your help with a pilot Work Related Upper Limb Disorders (WRULD) intervention programme involving the growing, picking, processing and retail distribution of fruit and vegetables. With your help and that of growers, processors, trade associations and the National Farmers Union we can reduce the incidence of MSD – the injury rate is at present rising (based on RIDDOR) ‘99/00 = 4,119 per 1000,000 employees, whereas the overall average for the food industry was 2327. Contact: Haf Edwards, HSE, HDA4 Tel: 020 7717 6285 haf.edwards@hse.gsi.gov.uk Sector Target Setting: There has been an encouraging uptake by companies and business sectors to seek health and safety improvement by setting targets in line with RHS. 25 sectors or parts of sectors have set targets, 22 of which have action plans in place to deliver them. 8 sectors or parts of sectors are in the process of considering targets and about 8 sectors have yet to set targets or are reluctant to set them. Work continues with greater focus on high employment sectors that have not yet set targets. However, it has proved difficult to obtain agreement to set targets with companies or representative organisations in the LA enforced sector, mostly due to their disparate and diverse nature e.g. retail sector or the hotel/licensed trades. New and innovative ways are needed to achieve the RHS action points and targets. LAU meet regularly with BRC, Brewers and Licensed Retailers Association (BLRA) and other organisations e.g. in the Finance Sector, but any ideas on how to progress this would be welcome. Contact: Alan Plom, HSE, LAU, Tel: 0207 7717 6493 alan.plom@hse.gsi.gov.uk Revitalising Health and Safety Website: A dedicated website (www.hse.gov.uk/revitalising) went live on the HSE website homepage Page 3 on 16 November. The site provides up to date information on the latest developments, key documents, press releases and speeches. These contain useful information, which may be copied and used e.g. in publications or presentations to businesses. The Commission is keen to become more closely involved in helping to deliver the Priority Programmes and invitations for members of the Commission to attend and speak at local conferences etc. are welcomed. A Stakeholders Conference is to be held on 29th May 2002, for Chief Executive Officers in the private and public sectors, including local government. We hope to name and acclaim good practice and provide a forum for genuine debate on issues such as recruitment, retention, productivity and corporate social responsibility. Please send any examples to: Contact: Lorna McGuinness, HSE, SASD Tel: 0207 717 6621 lorna.mcguiness@hse.gsi.gov.uk “Revitalising” HSE As previously reported, FOD is preparing for significant changes in order to meet the challenges of Revitalising. HSE’s Board has also decided that wider structural and cultural changes are need to enable HSE to get better at looking forward and setting strategies and priorities for actions, to make sure HSE deals quickly with new ideas and developments, and get everyone working together to achieve the results we want. In principle the Board has decided there should be: • New single and separate Strategy and Developmental Programme functions, each working right across Operations and Policy; Two closely aligned core business functions for both policy and operations to establish greater seamlessness between policy and operations and remove the separation between health and safety where possible. • A consequence of this is the amalgamation of LAU into a wider HSE Operations Unit, headed by Steve Coldrick. This is ‘breaking news’ so there isn’t any more detail to report yet. Watch this space for more news/information as arrangements are agreed. Contact: Alan Plom, HSE, LAU1 Tel: 020 7717 6493 alan.plom@hse.gsi.gov.uk For Action HELA LAC on auditing The HSC's revised Section 18 guidance (issued to LAs on 6 September last year) places a requirement on all LAs to undergo an audit of their management of health and safety enforcement at least once every five years. A revised HELA audit protocol, and supporting LAC (LAC 23/19), was sent to all LAs on 24 January. The new audit protocol takes account of the revisions to HSC's s18 guidance and should now be used for inter authority audits. Page 4 The new LAC includes guidance on: carrying out inter-authority auditing; the role of the HSC in monitoring LAs; details of HSC's auditing programme; and the introduction of an indicator of performance (as recommended by Revitalising health and safety). LAs are asked to send to HELA, copies of audit reports and action plans arising from audits of their health and safety enforcement. HELA does not intend to carry out audits of the LAs submitting this documentation unless it has a genuine concern about the authority’s performance or the likelihood that an authority will not achieve full compliance with HSC's Section 18 guidance. Contact: Nick O'Donnell, HSE LAU1, Tel: 020 7717 6432 nick.o'donnell@hse.gsi.gov.uk HELA Annual Report 2002 LAU has recently issued a calling notice inviting contributions for this year’s Annual Report. The 2002 Annual Report will mirror the current HELA Strategy, with reports on LA initiatives being collated under relevant sections of the Strategy. To assist us in compiling the report a template has been circulated to all LAs. It would be helpful if you could send your contributions by e.mail using the template, which will be available on the HSE LAU ‘Whats New’ webpage in the near future. In the meantime, if you would like an electronic copy: Contact: Sean Edwards-Playne, HSE, LAU1, Tel: 020 7717 6438 sean.edwardsplayne@hse.gsi.gov.uk WANTED ADS ARE YOU SEEKING A LAPS PARTNER??? GREGGS plc, a bakery related chain with approx. 1200 shops nationwide are very interested in obtaining Lead Authority Partnership status. The company HQ is in Newcastle and would ideally be suited to an authority in the North East, but they are willing to have discussions with any authority with a GREGG’s outlet in their area. If you are interested in becoming the Lead Authority for GREGGS plc, or want further details, please Contact: Paul Thompson, HSE, LAU1 Tel: 020 7717 6828 paul.lau.thompson@hse.gsi.gov.uk LAPS TRADE ASSOCIATION PARTNERSHIP The Charities Safety Group (CSG) would also very much like to form a LAPS trade association partnership with a suitable local authority. Oxfam is the lead organisations within the group and are keen to speak to any local authority considering arrangements under the ‘trade associations’ element of the scheme. The group is already active in promoting H&S within the voluntary sector and in partnership with a lead authority hope to progress the work through LAPS. For further information on these organisations or the LAP scheme contact: Paul Thompson – details above. Page 5 EHO’s wanted? Firstly, I would like to say a big THANK YOU to the Dacorum DC Environmental Health Team, especially Rita McGinlay, Christine Walker and David Shovel, for looking after Tonia Webster and myself during our recent LA familiarisation visit. The visit afforded us an excellent insight into the broad range of an EHO’s work (you all have our admiration) and provided a valuable development opportunity for us both. A number of other LAU colleagues have also expressed an interest in undertaking an LA visit to shadow an EHO. Are there any LAs/EHOs willing to take this role on? If so please Contact: Pauline Storey, HSE, LAU1 Tel: 020 7717 6451 pauline.storey@hse.gsi.gov.uk We are, of course, prepared to reciprocate, if you would like to spend a day in London at the LAU. For Information revised in the light of comments on the Discussion Document. In the National Accident Data (NADs) Preface, Bill Callaghan HSC The NAD sector weighting for Chairman and Timothy Walker HSE 2001/02 will be published in the April Director General made clear that Newsletter R2P2 sets out an overall framework within which HSE and LAs ensures consistency and coherence in making LAU Webpages - We need your decisions across the full range of help! risks covered by the Health and Safety at Work Act. LAU are currently evaluating the HSE LAU webpages. Several LA In parallel with R2P2, guidelines for officers have already provided written inspectors to apply when judging feedback on the webpages and put compliance by duty holders in forward a number of useful reducing risk as low as reasonably suggestions for its improvement. practicable (ALARP) have been These will be taken up with our issued and published on HSE’s service providers. To inform website www.hse.gov.uk. discussions LAU are asking you to complete and return the questionnaire Publication of R2P2 and the ALARP on page 17 of this Newsletter. guidance is a necessary and Contact: Pauline Storey, HSE, LAU1 Tel: 020 7717 6451 pauline.storey@hse.gsi.gov.uk Reducing risks, protecting people Publication of R2P2 & ALARP guidelines Shortly before Christmas HSE published Reducing risks, protecting people (R2P2), which has been significant step forward in greater openness and transparency. In HSE copies of R2P2 have been distributed to all inspectors and above. Some Directorates are already planning seminars to start the process of embedding R2P2 and the ALARP guidance into their procedures and practices. There are three related documents: (1) Policy and guidelines to assist Page 6 HSE in its judgements that duty holders have reduced risks as low as reasonably practicable; (2) Policy and practice in reducing risks as low as reasonably practicable in design; and (3) Assessing compliance with the law in individual cases and compliance with good practice. The need for further guidance for LA inspectors is being considered. Contact: Alan Plom, HSE, LAU1 Tel: 020 7717 6493 alan.plom@hse.gsi.gov.uk Healthy Workplace Initiative The Health Workplace Initiative (HWP) is the joint HSE/Department of Health programme promoting the shared vision for a health workplace and asserts, “improving health is everybody’s business”. Small and medium enterprises can sign up to receive information and support on occupational health. The eighth edition of the SignUp newsletter is now available. It is currently circulated to nearly 30,000 organisations. Issue 8 includes articles on musculoskeletal disorders, mental illness, stress and regional events and activities, helping to share good practice in workplace health. The newsletter can be downloaded electronically from the SignUp website at www.signupweb.net. The website also gives up-to-date news on the HWP and other health related issues, includes an interactive diary of large and small health and safety events and provides a discussion forum and links to alternative sources of help. As part of the HWP, work is being taken forward in HSE at regional level to develop networks to help local people tackle workplace health issues and share good practice and information with each other. Networks have recently been set up in London, the North East and the South West. Information on LAs involvement in any local initiatives would be welcomed by HSE. For further information or to acquire a paper copy of the HWP Newsletter contact: Alex Masri, HSE, HDA1, Tel: 020 7717 6957 alex.masri@hse.gsi.gov.uk Conway County Borough Council, Public Protection Department Health and Safety Section – Manual Handling Workshops January 2002 During October last year 51 residential care homes were invited to send delegates to manual handling awareness workshops organised by the health and safety section of Conwy Councils Public Protection Department. The homes selected were those more likely to be involved in manual handling by reason of having elderly and infirm residents. 15 delegates attended the sessions, which were held at Llys Elian, Colwyn Bay in January of this year. The aims of the workshops were two-fold: 1. To explain the requirements of the Manual Handling Operations Regulations 1992 and the Public Protection Departments approach to ensuring compliance 2. To ensure proprietors are clear what steps they need to take to remain within the law Health and Safety officers covered the effects and costs of poor manual handling and explained legal obligations such as the need to avoid manual handling, carry out risk assessments, reduce risks of injury and employees duties. A manual handling trainer and Occupational Therapist gave practical advice and examples of Page 7 good manual handling practice in common residential care scenarios and demonstrated the use of manual handling aids. All delegates were given an information pack summarising the main points covered and sources of reference together with a risk assessment form for personal use. Further copies are available on request. There was much participation and discussion with the delegates and common problem areas and possible practical solutions were discussed. Delegates commented that the course was extremely helpful, enjoyable and informative. Following these workshops it was explained that Health and Safety Officers would be visiting residential care homes to ensure compliance with the Regulations. In particular officers would generally expect to find some sort of manual handling policy, risk assessments, training and training records, equipment maintenance and records, manual handling devices and references in care plans to resident manual handling. Should shortfalls be found the Department would generally adopt a graduated approach to enforcement but could ultimately institute legal proceedings against proprietors who refuse to comply with the Regulations. This work has formed an important part of the Sections work plan. It has also contributed towards one of the main HSE Strategic Priority Programmes by targeting risk reduction in client handling in residential care homes. Other Priority Programmes are to be targeting by the section using a similar format coupled with the production of sector specific advice notes e.g. for warehouses, employment of young persons and other hazardous employment areas. M Frankcom, Principal Health & Safety Officer, Conway County Borough Council Stress to be focus of European Week for Safety and Health 2002 The 2002 Euro Week is to begin on 14 October. Although the official theme is ‘Psychosocial risks – with special focus on stress’, participants are welcome to adopt their own theme if more appropriate. An action pack comprising a newsletter, posters, stickers and information sheets will be available from HSE in May 2002. Copies will be circulated to LAs. Pauline Storey, HSE LAU1 Tel: 020 7717 6451 pauline.storey@hse.gsi.gov.uk LEGAL CORNER HSE Enforcement Handbooks LAU has received a number of enquiries regarding the Enforcement Handbooks on the LAU ‘closed site’. The Handbooks are the most up to date versions available and, for information, are currently under review. LA’s will be advised of any changes as and when they occur. A number of emerging legal issues need to be addressed in guidance to LAs. LAU intend to work on these and has bid for support to assist with the review of current legal guidance and to prepare new material. Page 8 Enforcement Management Model There still seems to be some uncertainty out there about the introduction of the EMM for LAs. Many officers are already aware of and are possibly using earlier draft versions of HSE’s EMM. The EMM is an evolving document and has been amended significantly to reflect the new HSC Enforcement Policy Statement (EPS) and comments from inspectors. As explained in the last issue of the Newsletter, in the report on Novembers HELA, it has been agreed that the EMM (LA) package needs to be modified to incorporate the new EPS. The revised training package will be made available as soon as possible and 2002/03 will be used as a ‘calibration’/training year. However all enforcement officers should already be aware of, and following the principles of HSC’s new EPS. Also as mentioned in the last Newsletter, this will mean that LAs own EPS will need to be reviewed and revised. Inspection Aide-Memoires Many LA officers are probably aware of the new inspection report forms, which are to be used by HSE/FOD inspectors from April 2002. These are intended to focus attention on the Priority Programme topics and provide essential feedback on standards and progress towards achieving the targets set by Revitalising Health and Safety (RHS). The inspection forms act as an aidememoire to ensure ‘all’ health and safety issues are covered on inspections. New ways of working are essential if we are to tackle the RHS targets effectively. At the HELA meeting on 5 March, members will be considering a similar approach for LAs. If agreed copies will be issued to LAs with appropriate guidance as soon as possible. We would welcome your comments and feedback. Contact: Alan Plom. HSE, LAU1 Tel: 020 7717 6493 alan.plom@hse.gsi.gov.uk VICTIMS PERSONAL STATEMENTS Patrick Allen, Team Leader at LB of Newham, recently drew our attention to the new “Victim Personal Statements”, introduced in October 2001. These have not been widely publicised and Patrick was alarmed to discover that any victim of crime should now have the opportunity to make a statement on the effect a crime has had on them. If given, this should be presented in any prosecution. He pointed out that by their nature all personal injury RIDDOR reports will have an identifiable “victim”, so this requirement would seem to be relevant to any prosecution arising out of a work related injury or ill health. It may also apply to some other health and safety prosecutions as well. All health and safety enforcing authorities should therefore be made aware of the implications. HSE/FOD have advised that this is a voluntary scheme and are intending to produce guidance for inspectors soon. Meanwhile, you are advised to consult your own legal advisors. Guidance material, a booklet and leaflets etc. are available. For more information see Home Office Circular 35/2001, (www.homeoffice.gov.uk/circulars/20 01/hoc35.htm). Contact: Alan Plom. HSE, LAU1 Tel: 020 7717 6493 alan.plom@hse.gsi.gov.uk Page 9 WORKPLACE TRANSPORT As announced in the last Newsletter the HSC launched a discussion document on preventing workplace transport accidents at a conference at the Church House, Westminster on 15 January. HSE are seeking input from consultees to help agree a strategy to meet the Revitalising targets on workplace transport. Dr Alan Whitehead MP, Minister with responsibility for health and safety at the DTLR gave the keynote address and Bill Callaghan, HSC’s Chairman, gave the opening presentation. About 100 people, including representatives from local authorities, industry and training providers, attended the launch. Presentations from HSE, GMB and the Construction Confederation were followed by a lively question and answer session. The discussion period ends on 10 May. Further conferences are planned in England, Scotland and Wales. The next being on 10 April in or around the Chester area. For further information Contact: Tricia Anderson, HSE, SPDB7, Tel: 020 7717 6366 tricia.anderson@hse.gsi.gov.uk REPORT ON NATIONAL PROJECT 2000/01 - EFFECTIVENESS OF MANAGEMENT SYSTEMS IN PREVENTING WORK-RELATED ROAD TRAFFIC INCIDENTS Together with HSE, LA inspectors were invited to gather information on how employers manage traffic risks associated with working and driving on public roads. Traditionally it has not been HSE policy to seek to prevent or investigate incidents that take place on the public highway as more specific road traffic legislation exists to provide adequate regulation to protect people. The Task Group examined this policy and recommended a more proactive role for the health and safety enforcing authorities, not least in promoting risk management techniques to reduce incidents. The 4 aims of the survey were to establish: • what measures employers were adopting to prevent or reduce the risks arising from work-related road journeys; the proportion of employers attempting to manage the road safety implications arising from their work activities; how employers are measuring the efficacy of their preventive measures, and what control measures appear to work. • • • LA inspectors will be interested to read the following summary of the National Project, which LAs contributed to in 2000/01. Background This National Project was developed to aid the work of the Government/HSC appointed Workrelated Road Safety Task Group. Key findings LAs submitted 181 of the 359 questionnaires completed, so, many thanks to those who took the time to support this project. The findings indicate that a higher proportion than would be expected of firms were active in health and safety and road safety management. For example, over two-thirds of respondents said that they had considered the road safety implications of work-related journeys and over a half claimed to consult their employees in relation to work-related road safety matters. This suggests that some employers may have been selected because they were likely to have occupational Page 10 road safety measures in place, introducing bias into the results. However, the survey resulted in a large amount of information being gathered, the key findings being that: • 82% of respondents said they had a safety policy and 67% said that they had considered the road safety implications of work-related journeys, with just under half saying that they considered the implications for those working on or near the public highway; 30% of respondents said they had conducted a risk assessment in relation to road journeys and a third said they had conducted one for those working on or near the public highway; 55% of respondents said that their company planned road journeys to minimise risks; 60% said that they had established clear standards and procedures to ensure the safety of vehicle operations 37% said that they considered safety of the public when planning work activities on or near the public highway and 34% planned to minimise the risks to pedestrian workers; 40% said that they measured the effectiveness of their arrangements with just one in five saying that they routinely reviewed their performance against objectives and targets; inspectors were asked to assess the organisation’s overall health and safety arrangements and so help establish whether failure to manage road safety was common to both companies with good or poor health and safety standards. No clear picture emerged although, unsurprisingly, those rated poorly were less likely to manage occupational road safety. On the other hand, nearly a quarter of those rated very highly had not considered the road safety implications of work-related journeys. Conclusions This survey was valuable for gaining insights into employers’ safety policies on at-work road safety and for identifying the most common risk control measures and monitoring mechanisms. The survey showed a high level of vehicle maintenance, much pre-employment screening and a reasonable degree of driver training. Perhaps the greatest value from the survey was the collection of company policies, handbooks and other literature gathered during its conduct. Inspectors sent in over 50 examples and these will prove invaluable when considering future guidance on managing at-work road risk. The identification of better performers will also help in determining the key ingredients to the successful implementation of policies, practice and procedures. Further analysis of these will be taken forward. The nature of the sample and the questionnaire design however made it difficult to draw conclusions about the extent of health and safety risk management techniques being applied to at-work road risk. The survey returns also suggest greater activity in this area that might intuitively have been expected. It has proved impossible to extract meaningful information about such issues as the effect of size of firm, employee involvement or membership of trade associations on the level of activity. Many thanks again to those who carried out this survey. Further information will be released if more detailed analysis reveals trends relevant to the LA-enforced sector. A Page 11 • • • • • copy of the report is available from Safety Policy Directorate (SPD). Contact Eddie Bailey, HSE, SPDA2, 5SW, Tel: 020 7717 ?841 6 eddie.bailey@hse.gsi.gov.uk A promotional leaflet and an employee’s guidance leaflet were produced during the project. Checklists, simplified risk assessment forms and guidance on their completion were also provided as part of the final report to employers. Evaluation was carried out in the form of questionnaires, which proved the project to be a success with 93% saying they benefited from the service and would recommend the service to others. The Panel commented that they were impressed with the overall way in which the pilot project was planned, the involvement of other stakeholders and the action taken to meet the project aims. The panel commended the approach taken to secure resources and how the scope of the project was being extended to other areas of occupational health and safety. HELA Award for Innovation 2001 As promised in the last Newsletter we will be running a series of articles over the year, giving details about the award winning entries. In this issue we provide a brief synopsis of the overall award winner and runner-up entries. Contact: Pauline Storey, HSE, LAU1 Tel: 020 7717 6451 pauline.storey@hse.gsi.gov.uk Bury Metro – Award Winner Bury targeted work related musculoskeletal disorders in response to HELA’s Strategy and national workplace injury statistics. Their aim was to educate, raise awareness and provide compliance strategies for small medium sized enterprises (SMEs) and also to signpost employees suffering from back pain to specialist sources of help. They did this through a ' Back in work in Bury' Pilot project. The project Partners were Bury Metro Environmental Services, Bury Business Environment Association, Bury Health Care NHS Trust and the HSE (Manchester). A project officer was appointed to deliver the initiative on behalf of the partners. The project officer visited 110 local businesses, undertaking on-site manual handling audits and assistance with risk assessment. Individual workplace reports described the findings and, where appropriate, identified improvements. Four full-day seminars were provided for local SMEs. Further information is available from Clare Platt, Bury Metro Tel: 0161 253 5000 Taunton Deane – Runner Up All of the areas set out in the HSC’s 2001-2004 Strategy were targeted to some extent. The submission detailed the projects undertaken and also described the methodology employed to identify appropriate interventions that are relevant and proportionate to the risks in their locality. The primary project related to musculoskeletal disorders and the need to adopt a more holistic approach to this occupational problem. The project aim was to raise public awareness, inform employers of their duties and increase awareness of effective prevention and treatment. The project was launched at a high profile seminar, over 100 delegates, aimed at bringing together all Page 12 stakeholders involved. The success of the seminar resulted in the formation of a “Somerset Backpain Forum”. The work of the forum is carried out through sub groups set up in response to identified needs. This is a long-term project; evaluation is being built in where possible. Other initiatives undertaken included: a partnership with the Health Authority to produce a one day stress seminar for businesses; extending invitations to other LAs to attend the LAU Slips, Trips and Falls roadshow hosted by the Council; and holding a workshop in association with Somerset Accident Forum and Somerset Occupational Health and Safety Association aimed at making interested parties think about their own workplace transport and what could be done to improve safety. At the time the entry was submitted it was too early to measure the success of these initiatives. The Panel commended Taunton Deane on their continuous health and safety improvement programme. The approach adopted provided an excellent example of innovative working. In recognition of this, the panel decided to create and award Taunton Deane a runner-up certificate. Further information is available from Pete Weaver, Taunton Deane BC Tel: 01823 356496 Page 13 ICC NEWS Prosecuting employers for non-reporting In the last newsletter (Issue No. 6 Dec 01) we pointed out that although third parties reporting accidents to the Incident Contact Centre may cause duplicate reporting, there is a de-duplication process carried out at the end of each day. Third party reporting may also bring to LAs attention an incident that has not been reported by the responsible person. Having carried out a search on the website you may contact Operations Unit (OU). OU and ICC will check the records and OU can then provide a statement saying that it has not been reported. The need to do this came to light recently with a prosecution in the North East. Daily Reports on the website If an incident report shows on your daily report screen and is for your authority then say yes and accept it even if it is non-reportable under RIDDOR. It will then disappear from your daily report screen. Information Packs We hope to shortly be sending all Local Authorities an information pack. It will contain a guide to the RIDDOR web site, a complete list of codes currently used by the ICC and hopefully some publicity material. It is also intended to include a short questionnaire seeking your opinions on how you think the procedure is working at this stage. Please ‘help us to help you’ by completing and returning it to OU. Meetings OU have also attended a number of local authority liaison group meetings to discuss the ICC. We are happy to attend any meetings, large or small, to discuss any issues or problems you have concerning the ICC. If you would like to invite us to visit you and your colleagues, or if you simply want to contact us about any aspect of the ICC service, you can speak to a member of the ICC Contract Management Team on: Tel: or write to: 0151 951 3801 ICC Contract Management Team, Health and Safety Executive, Operations Unit, Room 501, Daniel House, Trinity Road, Bootle, Merseyside L20 7HE. support.icc@hse.gsi.gov.uk Email: Page 14 DANGEROUS SUBSTANCES AND EXPLOSIVE ATMOSPHERES REGULATIONS The Dangerous Substances and Explosive Atmospheres Regulations 2002 (DSEAR) will be introduced later this year to implement the safety parts of the Chemical Agents and Explosive Atmospheres Directives (CAD/ATEX). DSEAR will deal with fires, explosions and similar energy-releasing events (e.g. exothermic chemical reactions) arising from dangerous substances (chemical agents) and the explosive atmospheres created by those dangerous substances. DSEAR will also modernise or repeal over 20 pieces of old safety legislation on flammable substances, dusts and liquids. Consultation on the Regulations, associated guidance and Approved Codes of Practice takes place between 18 February and 20 May. The consultation document, “Proposals for the Dangerous Substances and Explosive Atmospheres Regulations”, is available from HSE Books (ref no CD180) and also on line at: www.hse.gov.uk/condocs/index.htm. DSEAR also introduces changes to petroleum legislation and details of these changes are given below. DSEAR sets minimum requirements for the protection of workers from risks related to dangerous substances and potentially explosive atmospheres. The Regulations are due to come into force in August 2002. The main requirements are that employers and the self-employed must: v carry out a risk assessment of any work activities involving dangerous substances; v provide measures to eliminate, or reduce as far as is reasonably practicable, the identified risks; v where it is not reasonably practicable to eliminate risks, take measures to control risks and to mitigate the detrimental effects of a fire or explosion or other harmful physical effects from dangerous substances; v provide equipment and procedures to deal with accidents and emergencies; v provide employees with information and precautionary training in relation to dangerous substances. From 30 June 2003, there will be additional duties where explosive atmospheres may occur in new workplaces: v they should be classified into hazardous areas and where necessary marked with a sign; v equipment in classified places should be safe for use in those places and meet the requirements of the Equipment and Protective Systems Intended for Use in Explosive Atmospheres Regulations 1996 v verified as meeting the requirements of DSEAR, by a competent person, before coming into operation for the first time. Overall, DSEAR can be seen to be an expansion of the general duty to manage risks under the Management of Health and Safety at Work Regulations 1999, making explicit good practices for reducing the risk from fires, explosions etc. which are caused by dangerous substances. The Regulations will apply at a wide range of premises including many premises (offices, retail warehouses, etc.) subject to local authority enforcement. Page 15 Enforcement of DSEAR will be by: i) HSE or LAs depending on the allocation of premises under the Health and Safety (Enforcing Authority) Regulations 1998. ii) Fire Brigades at all premises subject to DSEAR in relation to general fire precautions such as means of escape; and iii) At retail petrol filling stations in relation to storage and dispensing of petrol, LPG and any other fuel subject to DSEAR – Petroleum Licensing Authorities. Modernising Petrol Legislation The existing legislation on petrol is also being modernised. The project is being carried out in three phases: I. II. III. Phase 1 -storage and dispensing of petrol in the workplace. Phase 2 - retail filling stations; Phase 3 - domestic and other non-workplace storage. There is a separate consultation document, “Proposals for new petrol legislation, Phase 1 – Changes to workplace controls” available from HSE Books (ref no CD179) and also on line at: www.hse.gov.uk/condocs/index.htm. The CD proposes revisions to the Petroleum (Consolidation Act) 1928 (PCA) and subsidiary legislation made under that Act, the Carriage of Dangerous Goods by Road Regulations 1996 (CDG), and the Petroleum (Consolidation) Act 1928 (Enforcement) Regulations 1979. In summary, the Phase 1 proposals are to: v Remove licensing for workplace storage and dispensing of petrol (and substances deemed to be petrol), and rely instead on DSEAR and other existing safety legislation; v Repeal Section 9 of PCA, which relates to powers given to canal companies to make byelaws about petrol; v Restrict the powers available to inspectors under Sections 17 and 18 of PCA to domestic premises and other sites which are not workplaces; v Repeal various outdated orders under PCA which relate to calcium carbide and compressed gases; v Restrict application of the Petroleum-Spirit (Motor Vehicles etc) Regulations 1929 and the Petroleum Spirit (Plastic Containers) Regulations 1982 to domestic premises and other sites which are not workplaces; v Amend the Petroleum-Spirit (Motor Vehicles etc.) Regulations 1929 to take account of motor vehicles and motor vessels fitted with plastic fuel tanks; v Repeal Schedule 12 of CDG and amend Regulation 20, but maintain the current prohibition on unloading petrol directly into vehicle and other internal combustion engine fuel tanks; v Introduce an Approved Code of Practice (ACOP) on the unloading of petrol from road tankers; v Transfer responsibility for petroleum licensing in harbours to relevant local petroleum licensing authorities; v Allocate enforcement of DSEAR, for activities related to fuelling motor vehicles with petrol or any other dangerous substance (e.g. LPG) to Page 16 existing Petroleum Licencing Authorities (PLA) at retail petrol filling stations. These changes are introduced by Schedules 6 and 7 of DSEAR. Until new proposals for retail petrol stations (Phase 2) are brought into force the existing licencing regime for petrol will continue at those premises. Implications for local authorities v The proposal to abolish licensing for all workplaces other than retail filling stations means that enforcement at these sites will change from the Petroleum Licensing Authorities (PLAs) to the normal HSWA agency. In many cases (farms, factories, LA premises etc.) this will be HSE, but some sites will fall to EHOs (retail premises, motor showrooms etc). v Allocating enforcement of DSEAR for fuelling activities at filling stations will change current enforcement arrangements slightly. PLAs will gain responsibility for LPG at retail petrol stations which currently the responsibility of EHOs. The CD includes a regulatory impact assessment, which shows that the proposals will result in a net resource cost saving over ten years of £80m. The bulk of this saving relates to the administrative and inspection gains to PLAs as a result of the abolition of all workplace licensing other than retail filling stations. Further proposals The Phase 2 (retail filling stations) and Phase 3 (mainly about domestic storage) proposals will be published at a later stage. Further information is available on the DSEAR web page: www.hse.gov.uk/spd/cadatex. Contacts: Main DSEAR proposals - Martin Davies HSE, SPD E1 martin.davies@hse.gov.uk Petrol proposals - Peter Sargent HSE, SPD E1 peter.sargent@hse.gov.uk Page 17 QUESTIONNAIRE: EVALUATION OF THE HSE LAU WEBPAGES LAU are currently evaluating its webpages and would ask you to take a few minutes out of your busy schedule to complete this questionnaire please. 1. Are you aware of the LAU ‘open’ and ‘closed’ sites? YES/NO 2. Do you know how to access the ‘closed site’? YES/NO 3. Have you used the sites? ‘open site’ YES/NO ‘closed site’ YES/NO (If NO please add any comments you wish to make at question 7 or 8 below) 4. Do you access the sites on a daily, weekly, or on an ‘as and when needed’ basis? _______________________________ 5. How easy do you find it to navigate around the sites? _________________________________________________________________ 6. Do others in your team use the sites? If not, please explain why. __________________________________________________________________ 7. Are there any improvements that you would like LAU to make to the sites? __________________________________________________________________ __________________________________________________________________ 8. Any other comments? __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ Your comments will form part of a formal report to HELA in June 2002. Please return completed questionnaires to Pauline Storey, preferably by e.mail pauline.storey@hse.gsi.gov.uk or (if you really have to!) by post at HSE LAU1, 9SW Rose Court, 2 Southwark Bridge, London SE1 9HS. Replies by 28 March 2002 would be greatly appreciated. Page 18