Connect Issue 17
2 February 2009
Welcome to the latest issue of Connect
Hello and welcome to this issue of Connect.
The government has announced that small businesses are to get a
‘one stop shop’ for guidance on health and safety and employment
legislation under new recommendations designed to cut costs and
boost business confidence. IOSH launched its own free guidance
service to small and medium-sized businesses back in 2001 called
safestartup.org. The site has proved
a popular and valuable resource for start-up companies and small
businesses, getting 36,000 visits in just one year. Any
practical, free health and safety advice to businesses must be
welcomed, particularly amid fears that firms may ‘cut safety
corners’ during the current economic recession.
In this issue of Connect, we take an in-depth look at a
recent House of Lords ruling that could mean prosecutors will find
it easier to secure convictions for section 2 offences under
the Health and Safety at Work Act.
With many people now planning their summer holidays abroad, we
hear from Keith Merrie, Health
and Safety Risk Manager for commercial airline BMI, about aircrews
operating in war-torn countries such as Sierra Leone, and the
company’s zero tolerance policy on drugs and alcohol.
For our 60 Second Interview slot,
we talk to Bipin Pandey, Senior HSSE Officer for Consolidated
Contractors International Company in Qatar, about how work at
height is one of the major issues for construction companies in the
Middle East.
In MyNews you can read about a new guide, developed by the IOSH
Public Services Group, highlighting the
responsibilities local councillors have for health and
safety, and the latest on IOSH 09, now just weeks away.
Remember, Connect carries CPD and IPD updates, job
alerts in your area as well as details of up and coming
professional development courses.
Finally, Connect scooped a ‘Highly Commended’ award at
the prestigious MemCom awards in London last week. I’d like to
thank all the members who’ve contributed to its success over the
past seven months.
I hope you enjoy this issue of Connect. If you have any
comments, or want to be featured in one of our articles, please
drop me a line.
Shaun Gibbons
e-Editor, IOSH
From the courts: what you need to know
A recent ruling by the House of Lords could
mean that it’s easier for prosecutors to secure convictions for
offences under section 2 of the Health and Safety at Work Act.
The case
In January 2003 Shaun Riley, employed by Chargot Ltd, was
working at a farm in Lancashire. Extensive construction work was
being carried out at the farm, owned by the Ruttle Group. Part of
the work included building a car park. Topsoil from the site had to
be taken by dumper truck to a depression in a field 457 metres
away. There was a ramp next to the depression so that the truck
could get access. As Riley was driving the truck, it turned over
and buried him under the load of soil he was carrying. He was badly
injured and died the next day.
The investigation after the accident revealed a range of health
and safety failings at the farm, but no defects to the truck. It
was fitted with a seatbelt but Riley hadn’t been wearing it. No-one
witnessed the accident and its cause was never established.
Chargot, Ruttle Contracting (principal contractor and part of
the Ruttle Group) and George Ruttle (a director of Chargot and MD
of Ruttle Contracting) were convicted under sections 2 and 3 of the
Health and Safety at Work Act. Chargot was fined £75,000 plus
£37,500 costs and Ruttle Contracting was fined £100,000 with
£75,000 costs. George Ruttle’s fine, surprisingly, was higher than
his corporate co-defendants at £75,000 and £103,500 costs.
All three appealed against the convictions.
In December 2008, the House of Lords dismissed the appeal.
Why did the appeal fail?
The Lords stated that in criminal proceedings against an
employer after an accident at work involving an employee, it was
enough for the prosecution to prove that there was a risk of injury
relating to how things were done at the workplace, without
identifying and proving specific breaches of duty. In this case, a
prima facie – self-evident – breach was established. Riley’s
employer hadn’t ensured his health and safety, as the 1974 Act
demands, otherwise there wouldn’t have been an accident. The burden
was on the employer to defend on the grounds of ‘reasonable
practicability’. The fact that the cause of the accident wasn’t
clear was dismissed.
The judgment stated that the fact that there was an accident
showed that the risks were real, not hypothetical. The Lords,
confirming the judgment in the case R -v- Porter, stressed that the
law is not there to cover trivial risks or create a risk-free
environment – its aim is to spell out the basic duty to create a
safe working environment. A ‘reasonable person’ would take steps to
protect their workers against ‘material’ risks.
In accidents involving non-employees – for example, contractors
– the Lords stated that injury alone may not be enough for the
prosecution to prove there was a risk. On top of this, the
prosecution may have to show how the injured person was liable to
be affected by the way the defendant ran their business.
What are the implications of the case?
It’s possible that prosecutions under section 2 will be more
successful in future. The House of Lords ruling basically argues
that when an employee is injured at work, then it can automatically
be seen as a breach of the Health and Safety at Work Act, subject
to the ‘reasonable practicability’ test. The judgment confirms the
Court of Appeal’s decision that the burden of proof in health and
safety cases lies with the employer, not the prosecutor.
While this decision may make it easier for the prosecution to
prove offences under section 2, for section 3 offences the
prosecution will still be expected to prove how the injured person
was affected by the defendant's business. In these cases, it’s
likely the defence will still expect the details of each
offence.
To a large extent the Lords decision leaves the position
unchanged for section 3 and the door open to challenges to the
prosecution case. With the increasing use of sub-contractors in the
modern economy – and associated rise in section 3
prosecutions – it may be that the decision in the Chargot case is
not as far reaching as some commentators first
thought.
It’s worth remembering that the new Health and Safety (Offences)
Act is likely to have an impact on court decisions, as it
introduces a stronger possibility of a company director facing a
jail term for a fatal accident.
Our thanks to DWF for this article.
Spotlight: on board safety
Dealing with violent passengers at 30,000
feet or being stranded in war-torn Beirut can be all in a day’s
work for commercial airline bmi’s aircrew. Keith Merrie, Health and
Safety Risk Manager, talks to Connect about the company’s zero
tolerance policy on drugs and alcohol and how a vaccination
programme has helped protect staff from Yellow fever when working
in Sierra Leone…
Speaking from bmi’s headquarters near East Midlands Airport,
Keith says:
“We fly all over the world including
destinations such as Sierra Leone and Beirut, and we have to make
sure that health and safety standards at these airports are as high
as in the UK. At Sierra Leone airport, for example, we had to help
the airport operators to update all their firefighting equipment as
theirs was old and outdated.
“We also had to help a hotel operator in
re-developing a hotel to higher standards for our crew. Because of
the tropical climate it’s a constant battle trying to stop the
jungle environment - including snakes - encroaching on the hotel.
And because Sierra Leone is right in the middle of the Yellow fever
belt we introduced a vaccination programme to protect our
staff.
“Recently, we had a problem after one of our
flights was stranded in Beirut because of the fighting. As a
result, the air and ground crews have had training to prepare them
better if it happens again. We also made sure that ground crew had
advanced first aid training and that trauma kits were
available.”
Keith also has to deal with on board health and safety risks
such as manual handling, food hygiene and violence towards the
crew. There is a zero tolerance alcohol and drugs policy for crew
and passengers but, as Keith explains, some passengers don't always
follow the rules.
“Some flights bring more problems than
others. Passengers are drinking and then taking tablets to calm
themselves down for the flight but this turns into a ‘pot waiting
to boil over’ situation.
“The crew go on training courses so they can
identify problems as quickly as possible, but the situation can of
course still escalate. Some people do get out of hand, even trying
to open the door at 30,000 feet [9,000 metres]. It's never going to
happen but they still insist on trying!”
Keith has a military and logistics background and when he joined
bmi two years ago had to adjust to the very different standards,
systems, processes and procedures in aviation.
One of the first major projects Keith took on when he started
working for bmi was updating its noise risk assessments.
“It was a massive task as we looked at
aircraft, locations and all 4,900 members of staff.
“We measured noise in and around the aircraft
and assessed the suitability of hearing protection in the business.
We also tested the noise that comes through the pilot’s headset,
which had never been done before. After completing all the
necessary tests and calling in consultants when needed, we found
all our equipment was of a good standard.”
BMI staff have access to health and safety policies and guidance
on the company’s intranet. Keith explains:
“Six months ago I introduced a health and
safety communication alert. Any dangerous health and safety issues
are flagged in red, while good practice is green. It’s a way of
keeping all the staff updated on what’s going on.”
Keith is responsible for health and safety at the company’s
training centre at Heathrow.
“We have flight simulators for the pilots,
several mock-up aircraft complete with inflatable slides and a
swimming pool to allow crew to practice an emergency exit in water.
Everything had to be risk assessed.”
Health and safety is taken very seriously at bmi. The Group
Safety Review Board meets four times a year to discuss flight
safety and general health and safety issues. Keith says:
“The board always offers me support if I want
to improve something in bmi. They have always put a lot of money
into the major projects we want to run with.”
He adds:
“I love the variety of my role and I’m
fortunate enough to travel often. I’ve had the opportunity to see a
part of Kazakhstan that most people would never get to see. It’s
really hard work but it’s worth it.”
Factfile:
- Keith is Vice Chair of the IOSH Aviation and Aerospace Group
and has been a member of IOSH since 2002
- bmi was founded in 1949 as Derby Aviation Limited
- bmi is the second largest airline at London Heathrow with more
than 10 million passengers travelling a year
Links:
The group is holding an event where the HSE will present its
latest research on musculoskeletal risks for baggage handlers. The
event is on Thursday 5 February at Copthorne Hotel Effingham
Gatwick, Copthorne.
60 second interview
Bipin Pandey, Senior HSSE Officer for Consolidated Contractors
International Company in Qatar, talks to Connect
What’s the most memorable experience you’ve had in your
health and safety career?
During a building job in Dubai years ago, I
spotted some pretty unsafe working practices that could’ve resulted
in serious injury, or even death. Thankfully, work was stopped and
better guidelines were put in place. I believe I managed to save
lives on that occasion.
What do you get out of your job?
I love the challenge of working on some of the world’s biggest
construction jobs and making sure people aren’t seriously hurt, or
even killed.
What issues can you see coming up in your
sector?
Working at height is the biggest challenge to the construction
industry here at the moment.
Would you like to see any legislative
changes?
I’d like to see some changes for working at height. There are a
lot of instances where proper lifelines aren’t being used, and that
concerns me.
How is health and safety perceived in the Middle
East?
Health and safety is generally seen as a good thing. On some of
the jobs I’ve been involved in, low accident rates have been
achieved.
Last month’s Intersec trade fair and conference in Dubai
featured construction safety as a key theme. What’s your company
doing to improve worker safety?
We’ve introduced a number of leadership
management schemes that encourage workers to come forward with
suggestions for safer working.
Do you want to be considered for a 60
Second Interview? Contact the e-Editor.
Quote Me
IOSH gets its message across...
Daily Mail
President-Elect John Holden wrote to the Daily
Mail in the wake of Richard Littlejohn's column attacking
what he described as the "Trumpet
Taliban". John wrote:
“Richard Littlejohn’s entertaining attack on
the “trumpet Taliban” fails to highlight a crucial fact – 170,000
people in the UK suffer deafness, tinnitus or other ear conditions
as a result of exposure to excessive noise at work.
“Unfortunately, there are some people out
there who see health and safety as a convenient excuse to stop
something they don’t like, or can’t be bothered to do properly.
That’s something which irritates me just as intensely as it annoys
Mr Littlejohn!”
Personnel Today
IOSH President Nattasha Freeman warned firms that the new Health
and Safety (Offences) Act could cost them money they could ill
afford. She told Personnel Today:
“Those with poor health and safety practices,
or firms that fail to provide a safe environment for staff, could
face the prospect of incurring increased financial penalties at a
time when they really can't afford it.
“We’ve seen many well known high street firms
collapse under the pressure of the economic climate. One needless
accident during such challenging times could spell the end for your
company.”
Wigan Evening Post
Immediate Past President Ray Hurst was in the Wigan
Evening Post, talking about the new Health and Safety
(Offences) Act.
“Rogue employers shouldn’t escape with meagre
fines for serious health and safety offences that can needlessly
destroy people’s lives.”
Intersec 2009
IOSH was well represented at the 2009 Intersec Conference and
Exhibition in Dubai, giving us an opportunity to press home the
value of good health and safety. Ahmed Al Menhali, chairman of the
Middle East Branch, told the media:
“We live in an area that is blessed with
resources and is progressing, at great speed, in all economic and
industrial sectors.
“However, countries in the region lack the
luxury of well established mechanisms and infrastructure that exist
in other parts of the world to ensure that occupational safety and
health meets the demands of protecting people, property and the
environment.”