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Connect Issue 21
06 April 2009

 

Welcome to the latest issue of Connect

Hello and welcome to Connect.

Despite the G20 world leaders agreeing on yet more eye-popping sums of money to kickstart the global economy, people in the UK are still losing their jobs at a steady rate. With the unemployment figure now at two million, and with many economists predicting a rise to more than three million by the end of the year, redundancies in the health and safety profession are sadly becoming increasingly common.

IOSH has brought out a raft of measures to try and help members affected by the recession. For example, if you’re out of work at the moment, we may be able to help you with a concession on your annual subscription. We can also offer you a subsidised place on one of our professional development courses.

IOSH offers a free technical helpline that covers employment law, so if you’re worried about losing your job you can call for advice. And if you’ve been a member for five years and are struggling during a prolonged period of unemployment, then you may be eligible for help from our Benevolent Fund.

If you want to find out how IOSH can help, please call our Membership team on +44 (0)116 257 3198.

In this issue of Connect, we’re launching a new feature called On the record. By using the IOSH Channel on YouTube, you can find out what’s happening at IOSH and what members and industry leaders think about current health and safety issues. To kick us off, we speak to member Jeff Hilton who explains the benefits of online CPD.

Our latest From the courts feature looks at the higher fine levels the new Health and Safety (Offences) Act has brought in and how courts are concerned about how to decide what amount is appropriate.

Food and drink is the UK’s biggest manufacturing sector. In the first of a series of Spotlight features focusing on food and drink businesses, Connect talks to Mark Hathaway, Health and Safety Manager at McDonald’s, about some of the issues affecting the fast food chain and how a new floor cleaning regime has helped cut accident rates.

As well as our regular features we have the latest industry news, including how French oil giant Total has been ordered by the High Court to pay out following the Buncefield fire in 2005 and how the death of 16 people in last week’s North Sea helicopter crash has prompted a call for similar models to be grounded pending an investigation.

Remember, Connect also includes all your latest branch and group events as well as CPD and IPD updates.

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

The new Health and Safety (Offences) Act has meant that the maximum penalty a Magistrates’ Court can impose for a health and safety breach is now £20,000, up from £5,000. But courts are concerned about how to decide what amount is appropriate.

Unlike most other criminal offences, the courts have no tariffs or clear guidelines. There is even greater uncertainty in the Crown Court where the penalty for all health and safety offences is unlimited. Two recent Crown Court decisions show how this can lead to inconsistencies in the sentences given.

Rollercoaster in Pontypool

In April 2004, a 16-year-old, Hayley Williams, fell 30 metres from the Hydro Ride at Oakwood Leisure Park in Pontypool. The ride was advertised as ‘Europe's fastest and wettest rollercoaster’. The accident happened because staff operating the ride hadn’t checked that Hayley was locked into her seat by two safety restraints – a T bar across her legs and a seat belt.

As part of its investigation, the Health and Safety Executive examined CCTV footage over the seven days before the accident. The team discovered that of more than 4,000 people who used the ride, just over 29 per cent didn’t get safety checks from staff.  This rose to almost 88 per cent on the day of the accident.

The owners of the park, Oakwood Leisure Limited, were prosecuted under section 3 of the Health and Safety at Work Act 1974. 

The HSE acknowledged that the company had a training scheme for staff to make sure that restraints were properly fastened. The company's failure was in not carrying out any monitoring or checks to confirm that its training was being followed.

Oakwood pleaded guilty and was fined at Swansea Crown Court in late December last year. Under the very general guidelines that apply to health and safety prosecutions, a court must be given a list of aggravating factors, agreed by both parties. They should form the basis of the court's calculation of the fine. In this case, the aggravating factors were a failure in the company’s systems, a significant risk to the public and the fact that it was not an isolated incident. The judge referred to the company’s failure as being on a “massive scale”.

The company was fined £250,000 – very much within the range of penalties imposed for fatal accident prosecutions. But the judge indicated that the fine would have been “substantially higher” if it hadn’t been for the company's poor financial status. In the year of the accident, it had made a loss of £1.1 million and then a further £1 million over the next three years. How high would the court have gone if it hadn’t been for these losses?

Food processing factory in Thetford

Only a few weeks earlier, the Court of Appeal was asked to review penalties imposed by Norwich Crown Court following three incidents at a site operated by Tulip Limited, perhaps better known as a subsidiary of the bacon producer, Danish. The company had been fined a total of £265,000 for three offences.

The first offence involved an employee who put his hand into a machine without first isolating it, against the procedures that he accepted he’d been trained on. He suffered amputations to three fingers: 3mm from his index finger, his middle finger to the knuckle and his ring finger just below the nail. The HSE took the view that the machine was inadequately guarded. A fine of £120,000 was set by the court, reduced to £75,000 on appeal.

The injuries involved in the second offence were less severe. A contractor was changing a fluorescent bulb, again having been previously advised to switch it off first.  It transpired that the live conductor was exposed and he received an electric shock which resulted in him fracturing his shoulder. The absence of electrical inspection records meant a fine of £100,000 – again reduced on appeal to £75,000.

The third offence came as a result of the company bringing a fragile roof issue to the attention of the HSE. There wasn’t an accident, but walkways were found to be inadequately guarded. The penalty set by the court was £45,000 which was knocked down to £30,000 by the Appeal Court.

A balanced view?

While Tulip had previous convictions, including a non-fatality which had attracted a fine of £130,000 some two years previously, it’s still difficult to reconcile the level of penalties imposed by the Crown Court in this case with that of Oakwood Leisure Park. With the increase in penalties and the calls for higher fines for health and safety offences, this situation may become increasingly common and may result in far more fines being appealed as Magistrates’ and Crown Courts struggle to decide how far they need to flex their financial muscles in order to adequately penalise companies for workplace accidents.

Our thanks to DWF for this article


Spotlight: he’s lovin’ it

Food and drink is the UK’s biggest manufacturing sector. In the first of a series of Spotlight features focusing on food and drink businesses, Connect talks to Mark Hathaway, Health and Safety Manager at McDonald’s.

McDonald’s is the world’s largest chain of quick service restaurants. With almost 1,200 restaurants in the UK, Mark Hathaway has an important role making sure that health and safety standards are as high as they can be.

“Anyone who trades on the high street with a well known brand is expected to get it right and I think that’s a fair expectation. In the UK we have over 70,000 employees and we serve around 2 million customers every day, so we simply have to get safety right.”

Mark has been working for McDonald’s for a quarter of a century and moved from restaurant management into a newly formed safety department in 1993.

“It was a particularly busy time for health and safety and with only one person covering it across the whole country at that time, it was vital to bring more people in.

“We’ve now got 11 people in the team, covering health and safety and food safety. We have six hygiene and safety advisors around the country. They advise the restaurants directly on health and safety and food safety issues, while in the head office, we provide specialist advice and check that the right systems and procedures are all in place.”

It’s no surprise to hear that slips, trips and falls are the accidents McDonald’s is most regularly faced with.

“In a kitchen environment, this type of accident is almost inevitable. We’re constantly looking for ways to improve but one challenge we have is that our restaurants are open very long hours - many trade 24 hours - so we can’t just close the kitchen and clean. The cleaning is mostly done on the job, so when people are working around hot equipment it’s vital hazards aren’t created.”

Three years ago McDonald’s changed its floor cleaning regime and was rewarded with a drop in accident rates.

“We got the rates down by over 30 per cent. The new system was a result of getting involved with the HSE and taking its advice on slips, trips and falls in a catering environment.”

McDonald’s rarely compares itself with other restaurant chains when it comes to determining good accident rates as they can be very different.

“We communicate with other restaurant chains but it would be unrealistic to make a direct comparison, so we usually look to the rates the HSE produces and this shows that we’re doing well.

“With accident rates you can’t always be sure that the reporting is being completed correctly either. RIDDOR shows around 30 per cent of incidents are reported, but with the systems we have in place ours should be a lot higher. The managers get trained in accident reporting so they’re aware of what needs to be done.”

McDonald’s restaurants are currently split into two groups – company owned and franchised.

“When giving health and safety advice to the two groups we have to take a slightly different approach. With our own restaurants we can give them straight direction, but with franchised restaurants they’re business people and employers in their own right so we act more as consultants. But they still have to work to the same policies and procedures.”

In recent years the number of franchised restaurants has increased significantly and this is likely to continue.

“It’s important to communicate health and safety in a way that's simple, effective and relevant to each franchisee’s business. When giving advice, we need to be clear about what is a legal requirement, what is company policy, and what may be considered good practice. We can’t just tell them what they must do – we have to tell them what the benefits are to their employees and to their business.”

McDonald’s is a self-auditing organisation. In every restaurant there’s a safety checklist that has to be completed on a quarterly basis. Additionally, each restaurant has a business consultant who completes the safety checklist annually. The safety team then carries out spot checks to make sure that auditing is being done properly.

The head office has its own 'McDonald’s University' where managers are trained.

“Having this facility means managers are constantly updated. Our other employees’ training starts on their first day with a welcome meeting in the restaurant and an online induction program guiding them through what they need to know about health and safety.

“Our staff turnover isn’t as high as people seem to think, but the fact that we employ a lot of young people and students is built into our training systems. McDonald’s is often their first job, and our training sees them through their time at McDonald’s and beyond."

Mark adds: 

“In my 25 years of working for McDonald’s I haven’t got bored because every day brings a different challenge. Every now and then we get together with the other teams from around the world. At the last meeting I was recognised with an award for outstanding achievement. It’s nice to have that kind of recognition, particularly knowing that they often look to the UK in terms of leading health and safety.”

Factfile:

  • Mark has been a member of IOSH for six years and is a member of the Midland Branch and Retail and Distribution Group
  • McDonald’s opened its first restaurant in the US in 1940, with the first in the UK opening in 1974
  • It has over 31,000 restaurants in 118 countries

Links:

McDonald's

IOSH event:

IOSH Food and Drink Conference


60 second interview

Fiona Riley, Health and Safety Manager at Bolton School, talks to Connect

What’s one of the most memorable experiences you’ve had in your health and safety career?

My most memorable experience was being involved in a project which saw pupils make a 20-tonne concrete boat. Watching it being loaded up onto a flat-bed trailer and whisked off to be launched was very satisfying indeed.

What do you get out of your job?

The sheer diversity of my role is something I enjoy. We’re not only a school but a business because we own a coach company, so I get a lot of satisfaction from being involved in both the school and the business.

What issues can you see coming up in the education sector?

We have more than 3,000 people on site, including staff and pupils, so pedestrian safety is a key issue for us. Because of the age of the building here, fire safety is also an issue.

Would you like to see any legislative changes?

Nothing specific at the moment, although I have been involved in CDM because we’re in the process of building but, no, nothing specific at the moment.

The safety of children on school trips has been under the spotlight recently after a number of tragic accidents. What safeguards does your school have in place to help protect children on these trips?

Our planning process is very comprehensive. We’ve had trips to Kilimanjaro in the past as well as using a residential centre in Patterdale. The school recognises the need to balance the learning experience in a safe way so planning everything is of utmost importance.

Do you want to be considered for a 60 Second Interview? Contact the e-Editor.


Quote me

IOSH gets its message across...

Daily Mail

IOSH president elect John Holden responded to a story in the Daily Mail about Sir Ranulph Fiennes' views on the need for youngsters to have adventure. John said:

“For me, Sir Ranulph is a true health and safety hero who sees the value of building sensible risk management based on personal experience and understanding from an early age.

“Let’s hope more leaders from the worlds of education and local government can be inspired to adopt more of the planning, organisation and flexibility, not to mention the same fearlessness under pressure, demonstrated so often by our hero explorer.”  

Aberdeen Press & Journal

North of Scotland Branch chair Leslie Scorgie took part in a fire walk to raise funds for the Terence Higgins Trust, and to highlight that health and safety doesn’t stop people doing things. He told the Aberdeen Press & Journal:

“My profession is always being criticised for telling people to stop doing things. So by doing this I wanted to prove we can do something dangerous, as long as the right controls are in place.”

BBC Radio Merseyside

Immediate past president Ray Hurst appeared on BBC Radio Merseyside on the opening day of the IOSH 09 Conference last month to explain what was happening and to refute some of the silly health and safety stories. He said:

“Health and safety often gets blamed for petty bans when it’s really people who don’t understand or can’t be bothered who are looking for an excuse. What’s the first thing that comes to mind? Health and safety. That’s not what we’re about – anyone attending our conference will find that out - we’re about practical, intelligent solutions to common problems.”

Liverpool Daily Post

Chairman of the Merseyside Branch Peter Williams was interviewed by the Liverpool Daily Post about the arrival of the IOSH 09 Conference in the city – and was determined to put across a positive image of his profession. He said:

“There is a lot of good work going on out there, believe me. There are a lot of companies that are well on top of it, like the Duponts of this world. Their health and safety record is second to none, and it’s the likes of them that the rest of the world needs to catch up with.”

IOSH 09

At the IOSH 09 conference, Lord McKenzie of Luton, the minister with responsibility for health and safety, spoke about the challenges the economic climate would bring for health and safety professionals. He told delegates:

“In the current economic climate, we could be forgiven for thinking that everything needed to change, but I suggest otherwise. The health and safety challenges at the very least remain the same.

“There will be life beyond the recession. There will be recovery. Our challenge is to ensure that organisations come out of the recession in good shape. We need companies able to build on opportunities available, involving their workforce in doing so. Effective health and safety, with good leadership, means that companies can build on new ideas from their workforce, channelling their energy to help give their organisations the strength they will need to get through this challenging time.”

The conference also heard from HSE chief executive Geoffrey Podger, who said that the new HSE strategy would be published towards the end of May. He said:

“The new strategy will have an ambitious target to get us off this plateau we’re currently on with workplace deaths and injuries. Trying to prevent ill health, as IOSH has pointed out to us, is another area we’ll be looking at.

“We are a regulator, but we do more than regulation. We’re very concerned about prevention, too. It’s extremely important that we're not just the people who clear up after the event.”

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