Health and safety: the state of play

SUBJECT

PROGRESS AND COMMENTS

Accidents

See also HSC/E

Investigation

The HSE will issue guidance for employers by March 2004 on incident investigation. The HSC opted for guidance on 3 December 2002 when it rejected its own 2001 proposal that employers be placed under a duty to investigate and record all legally-reportable injuries, ill health and near misses (Learning lessons from the investigation of "accidents" ). The HSC took its decision in the light of an HSE paper that recommended guidance rather than legislation. The guidance should comprise: a free publication on the reasons for investigations and the expected outputs of the investigation; a priced step-by-step guide to health and safety investigations; a form for recording the details of the investigation and the action plan; step-by-step guidance on filling in the form; and a question set based on HSG(65) for identifying the immediate, underlying and root causes. The 2001 proposals followed a 1999 HSE discussion document, to which the HSE received 684 responses, with a majority broadly in favour of a new duty.

Fatalities

The number of workers killed at work in Great Britain in the year to 1 April 2003 was the second lowest on record; the death rate fell to its lowest level ever (Workplace death toll heads downwards )¹. Statistics of fatal injuries 2002/03, HSE, free, www.hse.gov.uk/statistics/overall/fatl0203.pdf , or tel: 0151 951 3864. The number of major injuries rose, while over-three-day injuries fell. Health and safety statistics highlights 2002/03, www.hse.gov.uk/statistics/overall/hssh0203.pdf, or tel: 0151 951 3864.

Reporting

HSE-commissioned research revealed a significant increase in the number of companies that report publicly on their health and safety performance. The provision of health and safety information in the annual reports, websites and other publicly available documents produced by the UK's top companies and a sample of government departments, agencies, local authorities and NHS Trusts, RR 134, ISBN 0 7176 2710 1, £151.

Coroner

On 23 July 2003, a coroner's jury ruled that four workers who fell to their deaths from the Avonmouth Bridge in 1999 were unlawfully killed. The companies involved had previously been fined under health and safety legislation and further prosecutions for manslaughter are unlikely.

Agriculture

See also Pesticides

Published

Fatal injuries in farming, forestry and horticulture 2002/2003, free⁶; Use and effectiveness of mobile elevating work platforms for tree work, RR no.123, ISBN 0 7176 2701 2, £15¹; Shock horror - safe working near overhead power lines in agriculture, INDG 3891; Shock horror: the dangers of electrocution by overhead power lines, video, ISBN 0 7176 1973 7, £30¹.

Asbestos

Duty to manage

A new duty to assess whether there is any asbestos in buildings, and then either remove or manage it, comes into force on 21 May 2004. The duty also implements one part of the 2003 asbestos Directive (see below). The HSE advised individuals responsible for the maintenance and repair of non-domestic premises - the duty holder - to start their assessments immediately and then complete an online questionnaire on their experience at: www.hse.gov.uk/campaigns/asbestos.

Directive

The HSE hopes to issue in summer 2004 a consultative document on the implementation of a 2003 Directive that tightens the controls on asbestos at work. The European Council adopted the Directive on 18 February 2003, and implementation is required by May 2006. Although UK law already covers much of the proposal, the Directive would remove "reasonable practicability" from the UK's asbestos Regulations and introduce a single exposure limit of 0.1 fibres per cm³ as an eight-hour time-weighted average (EU proposes cutting "reasonably practicable" from asbestos regs ). The Directive also: limits the number of activities that will be exempt from its provisions; prohibits certain extractive, manufacturing and processing activities (already covered by UK Regulations); and introduces a requirement that employers identify presumed asbestos-containing materials before demolition and maintenance (see "Duty to manage" above). The UK supported the Directive. Directive of the European Parliament and of the Council amending Council Directive 83/477/EEC on the protection of workers from risks related to exposure to asbestos at work, OJ L97/15.4.03⁹.

Prohibition

The Asbestos (Prohibitions) (Amendment) Regulations 2003 came into force on 15 August 2003³ . They align prohibitions on the importation of asbestos with those on its supply and use. The changes modify the existing ban on imported asbestos-containing materials, so that only those where the asbestos has been intentionally added are prohibited from being imported. The HSE received less than 100 replies - mostly supportive - to the HSC's proposals. Consultation closed on 28 February 2003. The consultative document also set out the HSE's long-term aim to introduce a limit on the amount of asbestos permitted within a material.

Mesothelioma

The HSE predicts that the number of mesothelioma deaths in Britain will peak sooner and at a lower level than previously predicted. Details: HSE, tel: 0151 951 3051 or at www.hse.gov.uk/statistics/causdis/proj6801.pdf , free. The HSE published geographical and gender breakdowns of deaths from mesothelioma over the past 20 years: www.hse.gov.uk/statistics/causdis/area8100.pdf or tel: 0151 951 3051. The High Court ruled against an insurance company that refused to pay full compensation to the widow of a mesothelioma victim. The company had claimed that it was not liable for the proportion of the damages for the period in which the victim has not worked for the insuree.

Chemicals, etc

See also Asbestos, Major hazards

OEL reforms

Consultation closed on 31 December 2003 on an HSC Consultative document on proposals to introduce a new Occupational Exposure Limits framework, CD189, free¹. The proposals would replace the two types of OEL with a single Workplace Exposure Limit (WEL) and linking them to good practice (Easier COSHH compliance and Health and safety: the state of play). The consultative document reflects the responses to a 2002 discussion document (Rethinking the limits ).

Dangerous substances

The HSE published four Approved Codes of Practice and sets of guidance on the Dangerous Substances and Explosive Atmospheres Regulations 2002 (DSEAR). Design of plant, equipment and workplaces, L 134, ISBN 0 7176 2199 5, £9.501; Storage of dangerous substances, L 135, ISBN 0 7176 2200 2, £9.50¹; Control and mitigation measures, L 136, ISBN 0 7176 2201 0, £9.50¹; and Safe maintenance, repair and cleaning procedure, L137, ISBN 0 7176 2202 9, £9.50¹ (see next HSB). The 2003 European week for safety and health, which ran from 13-20 October 2003, focused on dangerous substances in the workplace. HSE free action pack: www.hse.gov.uk/euroweek or tel: 0800 0850050.

IOELV Directives

Proposals for a second Indicative Occupational Exposure Limit Values (IOELV) Directive are close to being finalised. After much negotiation, adoption by the European Commission is expected in the near future. IOELV Directives establish lists of substances with agreed exposure limit values that member states must take into account when setting domestic limits. The first IOELV Directive was implemented in the UK in December 2001 (Health and safety: the state of play ) through EH40, Occupational Exposure Limits. The draft Directive currently lists 34 substances; the number of substances has recently been reduced from 43 because of uncertainties over the scientific basis of their proposed limits. The removed substances will remain in the annex of the first IOELV Directive (91/322/EEC) for the time being. The latest draft of the second IOELV Directive has been agreed by representatives of member states and is currently subject to consultation within the European Commission. Implementation is likely to be required 18 months after adoption. Details: 020 7717 6216 or email: richard.pedersen@hse.gsi.gov.uk.

Published

The role of occupational exposure levels in the health and safety systems of EU member states, RR 172, ISBN 0 7176 2776 4, £25¹ ; Safety in motor vehicle repair: working with 2-pack isocyanate paints, DG 388, free¹; new website on latex at www.hse.gov.uk/latex; 70 industry-specific guidance sheets at www.coshh-essentials.org.uk ; Development of a method to assess biologically relevant dermal exposure, RR 117, ISBN 0 7176 2223 1, £20¹; How to reduce exposure to dioxins in aluminium recycling, INDG 377, free¹; Safe handling of cytotoxic drugs, MISC615, tel: 0151 951 4863; In vitro determinants of particulate toxicity: the dose-metric for poorly soluble dusts, RR 154, ISBN 0 7176 2747 0, £15¹; Safe use of cleaning chemicals in the hospitality industry, Catering information sheet no.22, free¹; Questionnaire predictors of asthma and occupational asthma, RR 164, ISBN 0 7176 2759 4, £15¹; Infection at work: controlling the risks, at www.hse.gov.uk//pubns/danpath.htm or www.doh.gov.uk/acdp/publications.htm , free; Safe handling of combustible dusts: precautions against explosions, HSG 103, ISBN 0 7176 2726 8, £10.95¹.

Construction

See also Workplace, Work equipment

Revitalising

The HSE produced an action plan for improving health and safety in the construction industry (HSE targets three "Cs" for construction ). Acting on responses to HSE's discussion document: Revitalising health and safety in construction, www.hse.gov.uk/consult/2002.htm . The plan, which incorporates almost 50 action points in nine areas, arises from the HSE's analysis of 300 responses to its 2002 discussion document on the industry. The number and rate of construction workers killed in the year to April 2003 was the second lowest on record.

Legislation

At its meeting on 16 September 2003, the HSC agreed to issue a consultative document in spring 2004 proposing revisions to the Construction (Design and Management) Regulations 1999 (CDM) and the Construction (Health, Safety and Welfare) Regulations 1996 (CHSW). The HSC had always intended an early review of the Regulations, but the consultation has gained impetus from the requirement to implement the temporary work at height Directive by July 2004 (see Work equipment), which will introduce major changes to the CDM Regulations. The HSC intends that the CDM/CHSW document will cover issues that arose from the responses to the Revitalising construction initiative (see above) and that are not within the scope of the planned Work at Height Regulations. It is possible that the CDM and CHSW Regulations may be merged. HSE position paper¹⁰.

Health

The HSC's attempt to create an occupational health support pilot scheme for construction - Constructing better health - is making limited progress. The "action forum", which will bring the scheme into existence, has met once. The scheme will offer employees and employers: best-practice management solutions to reduce exposure to key health risks; free on-site risk assessments; and free advice and guidance and a "gateway" to specialist support. In March 2003, the HSC's Construction Industry Advisory Committee (CONIAC) decided to set up an independent forum that would raise £1 million for the pilot, determine the most suitable provider and establish a project consortium. The pilot will run in a single geographical area, with the money sought from the industry and the government.

Falls from height

The HSC is consulting on proposed Work at Height Regulations (see Work equipment). In June and September 2003, HSE inspectors stopped work at almost one in four construction sites visited during two two-week blitzes on reducing falls from height. The blitzes were part of the HSE's "Don't fall for it" response to an EU inspection campaign (Stop falling for it )². Together, the results indicate that "Don't fall for it" has had little effect, at least in the short-term. Also published: Falls from height action pack, includes Height safe video and poster, tel: 08457 181819, free;A head for heights, video, ISBN 0 7176 2217 7, £25 + VAT¹.

Warnings

The HSE warned clients and contractors to use cable plans before digging near buried services (HSE targets three "Cs" for construction ). HSE advice: Avoiding danger from underground services, HSG47, ISBN 0 7176 1744 0, £7.50¹ .The death of a two-year-old boy at a Leicester construction site in July forced the HSE again to warn contractors of their responsibility to keep children off sites and to store materials and plant safely. The past five years have seen 530 children killed or injured on UK construction sites².

Published

Passport schemes for health safety and the environment: a good practice guide, INDG381, free¹ or www.hse.gov.uk/pubns/indg381.pdf ; Preventing falls from boom-type mobile elevating work platforms, MISC614, free¹ or www.hse.gov.uk/pubns/misc614.pdf; Safe erection, use and dismantling of falsework, Construction information sheet no.56, free¹; High 5¹ or wwt.uk.com, free (aimed at small firms); Sample analysis of construction accidents reported to HSE, RR 139, ISBN 0 7176 27241, £20¹; Causal factors in construction accidents, RR 156, ISBN 0 7176 2749 7, £25¹; 18 practical guides by designers for designers: www.safetyindesign.org; HSE advice for designers: www.hse.gov.uk/construction/designers/do.htm.

Contractors

Safety impact

HSE-commissioned research revealed that subcontracting and supply chains generally have no negative effects on health and safety. Contractorisation - aspects of health and safety in the supply chain, RR 112, ISBN 0 7176 2213 4, £10¹.

Corporate Social Responsibility

Advice for investors

The HSC was expected to discuss an index of health and safety management and performance at its December 2003 meeting. The index was recommended by HSE-commissioned research: Health and safety indicators for institutional investors: a report to the HSE, Mark Mansley, Claros Consulting, February 2002 (Corporate social responsibility )². The HSC endorsed the Claros report in May 2002. In January 2003, the HSE commissioned Greenstreet Berman to develop an index. Two versions were piloted; feedback was positive and the HSC is likely to endorse further development work.

Display screen equipment

Published

Working with VDUs, INDG36 rev2, single copies free, priced packs, ISBN 0 7176 2222 3¹.

Enforcement

See also Construction, HSC/E, Local authorities, Manslaughter, Small firms, Transport - roads

Fines

The HSE said it was disappointed at the low level of fines imposed in the year to April 2003 (HSE "disturbed" as Courts get into another fine mess ). Health and safety offences and penalties 2002/2003, www.hse.gov.uk/enforce/index.htm , free.There were 12 fines of £100,000 and over in the period covered by the table: Ford, £300,000; Bimid Holdings, £262,000; Cleansing Services Group Ltd, £250,000 (includes environmental offence); Cleanaway Ltd, £200,000; Royal Mail, £200,000; Forth Ports Ltd, £200,000; Imerys Ltd, £175,000; Aggregate Industries UK Ltd, £175,000; McLean Homes North West and Cheshire Ltd, £150,000; 24 Seven Utility Services Ltd, £150,000; Corus UK Ltd, £150,000; Royal Ordnance £100,000. A Private Members' Bill sponsored by Laurie Quinn that would have stiffened the penalties for most health and safety crimes ran out of parliamentary time. The government will again support any MP who picks up the Bill in the 2003/04 private members' ballot.

Prison sentences

Two people received prison sentences for health and safety offences (excluding manslaughter) in the period covered by the table: Paul Timson, forging safety certificates, 15 months; and Paul Ellis, teacher, pupil drowned during outdoor activity, six months. (This was a mis-sentence; a breach of s.(7) of the HSW Act does not provide for a prison sentence. Ellis also received a 12-month sentence for manslaughter).

Safety Bill

The long-anticipated Safety at Work Bill was not mentioned in the November 2003 Queen's Speech and its chances of appearing before the next General Election look slender. Although the Government announced the Bill in the 2000 Queen's Speech, it did not act on this commitment. Two of the Bill's main provisions - on railways and substance abuse - are now included in the Railways and Transport Safety Act 2003 (see Railways and Substance abuse below). The remaining provisions of the Safety Bill would implement recommendations from Revitalising health and safety, notably an increase in the penalties available to magistrates for health and safety offences and the removal of Crown Immunity from statutory enforcement. Although the government remains committed to implementing these recommendations, it has not yet found the parliamentary time. The most likely route for an increase in fines is through a government-backed private members' Bill (see Fines above).

Investigation and inspection

An internal HSE paper revealed that it is reducing the number of injuries it investigates in order to get a better balance between preventive inspections and investigations (HSE redresses prevention-investigation imbalance ). Details: www.corporateaccountability.org/. The HSE is making available temporarily its operational circulars and minutes that provide guidance on inspection and enforcement for inspectors: www.hse.gov.uk/enforce/opguidance.htm. The Home Office laid an Order on 11 September 2003 that renews HSE powers to obtain information on names, addresses and telephone usage as part of its investigations. Details: www.homeoffice.gov.uk/inside/consults/closed/papers2003.html.

Directors

The HSC agreed in September 2003 not to press for specific health and safety duties on directors, although it is keeping its options open in case the government proposes more general legislation on directors' duties. Revitalising health and safety had stated that voluntary guidance on directors would be made statutory at some stage. HSE-commissioned research revealed a small increase in the number of companies where health and safety is directed at board level. Health and safety responsibilities of company directors and management and board members, RR 135, ISBN 0 7176 2713 6, £20¹.

Human rights

The Court of Appeal dismissed an appeal against a conviction for a breach of the HSW Act, ruling that the s.40 defence, which requires defendants to prove their innocence, is not incompatible with the European Convention on Human Rights (R v Davies (David Janway).

Police

The HSE decided not to seek a retrial of two metropolitan police commissioners over injuries sustained by two police officers, one of whom was killed, while chasing suspects across roofs.

Explosives

Legislation

In November 2003, the HSC approved new Regulations on the safe manufacture and storage of explosives. The proposals were revised in light of a 2002 consultation exercise. The Regulations should go to ministers shortly and come into force on 1 May 2004. Consultation followed a major review of explosives legislation, which recommended the replacement of the Explosives Act 1875 with new Regulations, an Approved Code of Practice and guidance. Over 100 replies were received, and they were generally supportive of the proposals. Proposals for new Regulations on the manufacture and storage of explosives, CD174, www.hse.gov.uk/condocs/closed/CD174.

Fire

See also MHSW Regulations

Legislation

Despite an autumn 2003 target, the government has not published an Order to consolidate and rationalise workplace legislation on fire precautions (Prescott gives order to fire). The government still hopes that the Order will come into force in autumn 2004. Of the 276 responses received in response to the 2002 consultative document, none were opposed to reform. The consultation, which followed 10 years of delays and deliberation, proposed that the Office of the Deputy Prime Minister use an Order under the Regulatory Reform Act "to simplify, rationalise and consolidate" up to 120 pieces of existing fire safety legislation. (A Bill, as primary legislation, would have to find a major space in the always-crowded parliamentary timetable, whereas an Order can be made far more quickly.) The Order will result in a single, simple regime applying to all buildings that the public might use. Importantly for health and safety professionals, the regime, insists the Government, "will be based on a modern, risk assessment approach that will be more in line with health and safety legislation and will provide for greater emphasis on fire prevention". The complexity of the fire safety regimes has been the subject of a Home Office review in 1993, an interdepartmental review in 1994 and a Home Office consultative document in 1997. All agreed that things had to change. During that period, an already difficult situation was exacerbated by the implementation of European Directives, which resulted in parallel and sometimes conflicting fire safety regimes (Workplace legislation on fire precautions ). A Home Office working party started in 2000 to develop a coherent regime.

Published

Effects of flash fires on building occupants, RR 084, ISBN 0 7176 2181 2, £15¹.

First aid

Evaluation

The HSE started a major review of the UK's first-aid regime (First aid: time for surgery?). Consultation ended on 30 November 2003 on an HSE discussion document that covers legislation, guidance, training and first-aid equipment. It is too early to comment on the tenor of the responses. A full consultation document will follow if the HSE's analysis of responses deems it necessary. A review and evaluation of the effectiveness of the Health and Safety (First-Aid) Regulations 1981, DDE21, free¹. The review follows an HSE-commissioned evaluation of the regime that found that awareness among employers was high, but that compliance was more in spirit than to the letter of the law.

Health

See also Insurance

Ill-health prevalence

The HSE estimated the prevalence of self-reported work-related illness in 2001/02 at 2.3 million (Work-related ill health 2001/02). Self-reported work-related illness in 2001/02 - results of a Household Survey, www.hse.gov.uk/statistics/causdis/swi0102.pdf. Also published: Occupational health statistics bulletin 2002/03, www.hse.gov.uk/statistics/overall/ohsb0203.pdf (HSE names high health hazard industries).

Tax rules

The HSE and the Inland Revenue produced a leaflet on Tax rules and the purchase of occupational health support, www.hse.gov.uk/pubns/ohindex.htm.

HSC/E

See also Enforcement, Local authorities

Strategy

Consultation closed on 1 December 2003 on a draft HSC strategy that would see the most radical reform yet of the UK's health and safety system (HSC heralds health and safety shake-up). The HSE was due to start analysis of the responses in December 2003. Strategy for workplace health and safety in Great Britain to 2010 and beyond, free¹ or www.hse.gov.uk. The draft strategy followed a preliminary consultation exercise that ended on 13 August 2003. Strategic thinking - work in progress¹. The delivery plan for the current strategy is set out in the HSC business plan for 2003/04, misc 601¹ or www.hse.gov.uk/aboutus/plans/hscplans/plan0304.htm (HSC sees safety as society's cornerstone). Also published: Delivering health and safety in Great Britain: HSC annual report and the HSC/E accounts 2002/03, ISBN 0 10 292347 7, £22.60¹ or free at www.hse.gov.uk/aboutus/reports/annreport0304.htm (HSC claims progress but has work to do).

Revitalising

Progress on the HSE's implementation of the 44 action points from the government's core Revitalising health and safety can be found throughout this table. The HSE's online summary of its Revitalising progress is a year out of date: www.hse.gov.uk/revitalising/progress/summary.htm.

Securing health together

The HSE held a conference in November 2003 to discuss the Securing health together initiative (see Securing health reloaded). The conference considered reports from the action groups charged with tackling Securing's five programmes of work, on compliance, continuous improvement, skills, support and knowledge. Securing was launched in July 2000 and represents the HSE and government's 10-year occupational health strategy (Healthy at work, healthy for life: HSC/E goes holistic). Details are given throughout this table (see, for example, Stress below) and are available on the strategy's website, which also has a monthly news update, the programme of work and a best practice database: www.ohstrategy.net/.

Health services

Concordat

The HSE and NHS Estates (an executive agency of the Department of Health) signed a "Concordat" that describes how both will improve the health and safety of patients, visitors and staff: www.hse.gov.uk/healthservices.

Insurance

See also Asbestos

NHS costs

The Health and Social Care (Community Health and Standards) Act 2003 (ISBN 0 10 544303 4, £16.503) received Royal Assent. The Act allows the NHS to recoup the costs of treating those injured in work-related incidents. The insurance industry is likely to pass the costs on to employers, with public liability and employers' liability insurance premiums expected to rise by 5%-7%. Consultation ended in November 2002 on the Department of Health proposals, which came almost three years after the Law Commission recommended the move to government.

Premiums

The Association of British Insurers (ABI) launched a scheme that could reduce premiums for businesses with good health and safety management. Making the market work: ABI initiative for the assessment of trade association health and safety schemes, email: makingthemarketwork@abi.org.uk.

Employers' liability

On 4 December 2003, the Department for Work and Pension (DWP) published its final report on the crisis in employer's liability (EL) insurance. Although it did not propose concrete reforms, it committed the government to help link insurance with health and safety performance and to increase the importance of rehabilitation. Review of EL compulsory insurance - second stage report, www.dwp.gov.uk. The first stage reported on 3 June 2003, along with a broader Office of Fair Trade study into the liability insurance market (Safe, not sorry: EL Insurance). The reports reflected concern that employers were either facing significant premium hikes or were unable to obtain cover at all.

Legionellosis

ACoP

HSE-commissioned research found that duty holders were generally satisfied with the legionella Approved Code of Practice (ACoP) and guidance. Evaluation of HSC's ACoP and guidance: Legionnaires disease. Control of legionella bacteria in water systems, L8, RR140, ISBN 0 7176 2723 2, £20¹.

Local authorities

See also Small firms

Enforcement

The HSC announced on 10 December 2003 that it was embarking on a "new and genuine partnership" with local authorities (LAs) (see LAs to get more carrot, less stick). Earlier in the year, the HSC had expressed further concern at the approach of LAs to health and safety enforcement (The end of the road for LAs?). HELA national picture 2003, C10; Health and safety in LA-enforced sectors, Annual report 2003, C12; HELA supplementary report 2003: health and safety offences and penalties in LA-enforced sectors, HSE/LA Unit, free, tel: 020 7717 6438, or www.hse.gov.uk/lau; HELA Health and safety activity bulletin 2003: Inspection and enforcement in LA-enforced sectors, www.hse.gov.uk/statistics/industry/iebltn03.pdf.

Major hazards

See also Chemicals

Seveso II

The proposed amendment to the Seveso II Directive completed the conciliation procedure and is awaiting formal adoption by EC ministers. Ministers had earlier failed to reach agreement on the 11 amendments introduced by the European Parliament at its second opinion on 18 June 2003. Ministers adopted a common position on 20 February 2003. The Seveso II Directive is implemented in the UK through the Control of Major Accident Hazards Regulations 1999 (COMAH). The amendment to Seveso II adds seven carcinogens to the list of substances that trigger the Regulations and makes other changes affecting petrol, explosives and substances dangerous to the environment. The HSE will have 18 months in which to implement the Directive. Common position (EC) No.15/2003 with a view to the adoption of a Directive of the European Parliament and the Council amending Directive 96/82/EC on the control of major-accident hazards involving dangerous substances, OJ C102/29.4.2003⁹.

Published

Major incident investigation report: BP Grangemouth Scotland: 29 May - 10 June 2000. A public report prepared by the HSE on behalf of the Competent Authority, www.hse.gov.uk/comah/bpgrange/index.htm (Lessons from Grangemouth); Organisational change and major accident hazards, www.hse.gov.uk/pubns/chis7.pdf, free; COMAH major accidents notified to the European Commission, England, Wales and Scotland 2001 - 2002 and a summary, www.hse.gov.uk/comah.

MHSW Regulations

Civil liability

Regulations came into force on 27 October that allow employees and employers to claim civil damages for breaches of the Management of Health and Safety at Work Regulations 1999 (MHSW) and the fire precautions Regulations (MHSW Regs lose civil liability exclusion). The MHSW and Fire Precautions (Workplace) (Amendment) Regulations 2003, SI 2003 No.2457³.

Competence

HSE-commissioned research found that one in five competent persons had received no health and safety training (MHSW Regs lose civil liability exclusion). Benchmarking the competent person in manufacturing and engineering sectors, RR 121 ISBN 0 7176 2227 4, £15¹.

Manslaughter

Prosecutions

There were two convictions for manslaughter in the period covered by the table: Ian Morris, owner of ENG Industrial Services, two workers poisoned by fumes, nine months' prison; and Paul Ellis, teacher, pupil drowned during outdoor activity, 12 months (School trip teacher jailed for boy's death). The British Transport Police charged six individuals, Network Rail Infrastructure Ltd and Balfour Beatty Rail Maintenance Ltd with the manslaughter of the four people killed in the 2000 Hatfield train crash. Preliminary hearings took place in July 2003, with the full trial expected later in 2004.

Corporate killing

The November 2003 Queen's Speech did not include a Bill introducing a new offence of corporate killing. Nevertheless, the Home Office says that it still intends to publish its proposals for the new offence by the end of 2003. This would be followed by pre-legislative scrutiny early in 2004 and publication of the draft Bill thereafter. The Home Office was unable to say whether the government would find parliamentary time to take the Bill onto the statute book in the current session. The Home Office had earlier announced in May 2003 that it would publish a Bill and timetable in autumn 2003. Consultation on the proposals ended on 1 September 2000. The Home Office received 166 responses - nearly all favoured change. Home Office Minister Keith Bradley said in June 2001 that the Government had not yet made "final decisions" in the light of the comments received. Unresolved issues concerned the sanctions that can be taken against individual directors, although a Home Office September 2002 letter indicated that individual directors would not now become liable under the new offence. Home Secretary David Blunkett's statement in May 2003 announcing the Bill appeared to confirm this. The reform is a Labour Party manifesto commitment. The new offence would avoid the problems of securing a conviction of a company under the current law of manslaughter. Sanctions would include (unlimited) fines and remedy orders. Disqualification of directors (although it is provided for in existing legislation) and imprisonment, floated at proposal stage, would not be included in the Bill. Reforming the law of involuntary manslaughter: the government's proposals. The HSC supports the new offence.

Manual handling

Website

The HSE launched a website to help reduce the incidence of manual handling injuries. The website contains a Manual handling assessment chart. Website: www.hse.gov.uk/msd/mac.

Noise

See also Physical agents

Directive

The HSE will issue a consultative document in March 2004 on implementing the new noise Directive, which was adopted in February 2003. Implementation will result in the replacement of the Noise at Work Regulations 1989 and significantly reduce the sound pressure levels that are deemed to be without risk to workers' health (New noise Directive will halve sound pressure levels). The HSE hopes to publish guidance in October 2005, with the Regulations in force in February 2006. The Directive replaces the 1986 noise Directive. The HSE reports that it secured significant improvements to the original proposal. Directive 2003/10/EC of the European Parliament and of the Council of 6 February 2003 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (noise), OJ L42/15.2.039.

Nuclear

See also Major hazards

Permissions

The HSE gave permission to British Nuclear Fuels plc (BNFL) to re-route the future production of a radioactive liquid process stream, Medium Active Concentrate (MAC), at Sellafield².The HSE completed its assessment of Rolls-Royce Marine Power Operations Ltd's periodic safety review of its manufacturing site at Raynesway, Derby. The site can now operate to 2012. Security considerations mean the review and its evaluation cannot be published².

Published

HSE Nuclear Safety Directorate strategic plan 2003-2006, www.hse.gov.uk/nsd/stratplan14.pdf; Statement of nuclear incidents at nuclear installations: first quarter and second quarter 2003, free⁵ (nb there were no nuclear incidents in the first six months of 2003); The decision on the application to carry out a decommissioning project at Hinkley Point: A Power Station under the Nuclear Reactors (Environmental Impact Assessment for Decommissioning) Regulations 1999: a report prepared by HMNII on behalf of the HSE5, or www.hse.gov.uk/nsd/hinkley.pdf.

Offshore

See also Major hazards

Brent Bravo

The HSE's investigation into the deaths of two men on the Brent Bravo offshore production platform on 11 September is continuing. The men suffocated while working in the utility leg of the platform, which is operated by Shell UK Exploration and Production (Shell Expro). The HSE was due to submit a report to the Procurator Fiscal by mid-December 2003.

PPE

Review

The HSE's review of the Personal Protective Equipment at Work Regulations 1992 concluded that they have proved beneficial and have been well received. Nevertheless, the HSE plans to revise its guidance and leaflet (see UK laws on workplace and PPE are just fine, says HSE). The review also concluded that there are no problems with the Directive that require urgent attention and no technical considerations that need to be met. The review was informed by 224 responses to a spring 2003 questionnaire. The Directive requires member states to review the Regulations after five and 10 years.

Product Directive

The review of the PPE product Directive 89/686/EEC continues at European level, having been delayed due to Commission work priorities. The review is looking at clarifying the scope and making it easier to understand. The PPE experts committee will meet in January 2004 to look again at a revised text, after when the Commission hopes to be in a position to finalise the text. The UK is now awaiting the final Commission proposal. The Department of Trade and Industry (DTI) will then consult over a three-month period and engage consultants to carry out a regulatory impact assessment on the proposed changes. Comments sent to the DTI's 2002 informal consultation on an early draft of the revised text have been used in discussions on the amendment. Working paper - draft text for a proposal to amend Directive 89/686/EEC, www.dti.gov.uk/strd/.

Pesticides

See also Agriculture

Incidents

HSE inspectors investigated 215 reported pesticide incidents in the year to 31 March 2003 - an increase of 48 on the previous year's total. Pesticides incident report 2002/03, www.hse.gov.uk/agriculture/information.htm or tel: 02476 698350.

Published

Urban rodent control and the safe use of rodenticides by professional users1or at www.hse.gov.uk/pubns/misc515.pdf, free.

Physical agents

See also Noise and Vibration

Directives

In 1993, the European Commission issued a proposal for a physical agents Directive covering four areas. The proposal failed to make progress, and the Commission has pursued the matter via four separate Directives; those on noise and vibration have been adopted; that on EMFs is making progress (see below); and a proposal on optical radiation is still to be published.

EMFs

EC Ministers reached political agreement on a common position on 20 October 2003 on a proposed Directive on electromagnetic fields (EMFs). The European Parliament is now considering the text and the first initial exchange of views took place on 3 November 2003. The HSE has revised its regulatory impact assessment, but would still welcome views on the proposal. The HSE had earlier amended the proposal into a form that it can support (HSE wins limited concessions on draft EMF Directive and HSE fights "gold-plated" EMF Directive). The proposal is based on risk assessment, exposure control, health surveillance and the provision on information, instruction and training. The HSE says that the proposal is based on the values incorporated in the occupational exposure guidelines issued by the International Commission on Non-ionising Radiation Protection, which are broadly in line with those of the NRPB. Proposal for a Directive of the European Parliament and European Council on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (EMFs), amended proposal 92/0449/C/(COD), 14 October 2003, available from Kirsty Marshall, HSE, tel: 020 7717 6254, email: kirsty.marshall@hse.gsi.gov.uk.

Railways

Legislation

The Railways and Transport Safety Act (ISBN 0 1054 2003 43) received Royal Assent on 10 July 2003. It created a new independent body, the Rail Accident Investigation Branch (RAIB), to investigate serious rail accidents. Consultation closed on 31 December 2003 on an HSC discussion document on the renewal and updating of railway safety legislation. Safety on the railway - shaping the future, www.hse.gov.uk/consult/live.htm.

Inquiries

The rail industry has still to implement 79 of the 295 recommendations of the Cullen and Uff inquiries into the Southall and Ladbroke Grove rail crashes and train protection systems. The rail public inquiries: HSC report on overall progress as of April 2003 on the remaining recommendations from the rail public inquiries: www.hse.gov.uk/railways/railpublic2.pdf.

Contractors

"Reputational problems" caused by rail accidents helped force engineering firm Jarvis to pull out of its three mainline rail maintenance contracts with Network Rail. The company will continue with its more lucrative track renewal contract.

Prosecutions

Thames Trains Ltd pleaded guilty on 10 December 2003 to breaches of the HSW Act in connection with the 1999 Ladbroke Grove rail collision. Sentencing was deferred. The HSE announced in 2002 that it would also prosecute Network Rail (formerly Railtrack plc), although subsequent progress has stalled while the British Transport Police continues to investigate the company's role in the crash.

Train protection systems

The industry-wide fitment programme of the Train Protection and Warning System (TPWS) is now largely complete. The longer term will see the development of the European Rail Traffic Management System. Details on TPWS exemptions: www.hse.gov.uk/railways/liveissues/tps.htm.

Published

Published: Railway safety: HSE's annual report on the safety record of the railways in Great Britain during 2002/03, www.hse.gov.uk/railways/annual report; Railways (Safety Case) Regulations 2000 including 2001 and 2003 amendments, HSE guidance, L52, ISBN 0 7176 2186 3, £20¹.

Risk

Published

Literature review on the perceived benefits and disadvantages of UK safety case regimes, www.hse.gov.uk/research/subject/p/permissioning.htm, free; Good practice and pitfalls in risk assessment, RR 151, ISBN 0 7176 2732 2, £15¹.

Safety reps

Review

The HSC decided not to proceed with replacing the Safety Representative and Safety Committees Regulations 1977 and Health and Safety (Consultation with Employees) Regulations 1996 with a single set of harmonised Regulations. Instead, the Regulations will remain in place, with the HSE planning to issue a statement of intent in early 2004 (see HSC drops harmonised safety reps regs). Publication of the proposals had been continually delayed for almost three years. The replacement was to have been part of a two-part strategy to improve employers' consultation with workers (HSC confirms repeal of safety reps Regs). The strategy followed the HSE's analysis of 850 responses to a 1999 discussion document. The consultation document was originally due to be published in spring 2001. In the medium term, the HSE will examine ways of persuading management to respond to genuine concerns that are raised by safety representatives. The HSE will also look at enforcement initiatives and training requirements for its inspectors.

Pilot

Evaluation of the HSE's nine-month Workers' Safety Advisors (WSA) pilot project deemed it a success (see Worker Safety Advisers are go): The WSA pilot, RR 144, York Consulting/Fife College of Further and Higher Education, ISBN 0 7176 2728 4, £20¹ or free at www.hse.gov.uk/research/rrhtm/index.htm. The DWP is setting up a £3 million WSA fund to continue the work (Successful safety advisers pilot secures more money and Health and safety: the state of play). The scheme ran from February to November 2002 in nine areas and covers the retail, hospitality, voluntary, construction and automotive/fabrication sectors.

Small firms

Culture

Organisational culture is the most important cultural influence on health and safety behaviour in small businesses, according to research commissioned by the HSE. Cultural influences on health and safety attitudes and behaviour in small businesses, RR 150 ISBN 0 7176 2742 X, £20¹ or www.hse.gov.uk/research/rrhtm/rr150.htm.

Enforcement

An HSE partnership with some London local authorities is providing a coordinated and streamlined approach to inspections of small businesses. The initiative started with inspectors from the HSE and Camden Council visiting 60 workplaces over two days.

Smoking

ACoP

The government appears to have rejected an Approved Code of Practice on passive smoking at work and opted instead for a voluntary approach. The HSC recommended an ACoP to ministers on 5 September 2000, but they asked the HSC to reconsider the implications of an ACoP for the hospitality and small business sectors, and the role that the Public Places Charter might play. The HSE has been doing this. In March 2003, the government stated it had no plans to review legislation on worker safety dealing with the effects of passive smoking. The European Commission announced an initiative that, eventually, would result in a ban on smoking at work.

Asthma

A casino worker who attributed his asthma to passive smoking at his workplace in London's Leicester Square settled his claim against Napoleon's Casino for a reported £50,000. There was no admission of liability.

Stress

Standards

The HSE finally produced its draft standards for the management of work-related stress (Stress pilot takes off): www.hse.gov.uk/stress. The pilot was due to finish at the end of 2003, with evaluation in 2004 followed by a decision as to whether or not an Approved Code of Practice on stress should be introduced. The HSE published guidance on stress: Real solutions, real people - a managers' guide to tackling work-related stress, ISBN 0 7176 2767 5, £20¹; and research that informed the guidance: Beacons of excellence in stress prevention, RR 133, ISBN 0 7176 2709 8, £20¹ and Best practice in rehabilitating employees following absence due to work-related stress, RR 138, ISBN 0 7176 2715 2, £20¹ or free at www.hse.gov.uk/stress.

Compensation

The Court of Appeal's landmark judgment in Sutherland v Hatton is to be appealed in the House of Lords; no date has been set. In another important judgment, the Court of Appeal refused compensation to a social worker because her employer could have foreseen only that she would become ill through work overload, not that there was a risk of immediate collapse. Pratley v Surrey County Council

Enforcement

The HSE served an improvement notice on West Dorset General Hospitals NHS Trust, requiring it to make an assessment of the stress-related risks to its staff and to implement a work-related stress policy. The trust claims it is in the process of complying with the notice.

Published

Psychosocial risk factors in call centres: an evaluation of work design and well being, RR 169, ISBN 0 7176 1973 7, £15¹.

Substance abuse

Legislation

The Railways and Transport Safety Act (ISBN 0 1054 2003 43) received Royal Assent on 10 July 2003. The Act addresses alcohol and drug abuse by people who work on ships, air flight crew and air traffic controllers (Drowsy drivers face U-turn on sentencing).

Transport - dangerous goods

Consolidation

The HSE still hopes by spring 2004 to simplify and consolidate into one set of Regulations the 14 separate pieces of legislation on the carriage of dangerous goods by road and rail. The Regulations would implement two European Directives on the carriage of dangerous goods by rail and road (the RID and ADR framework Directives) and the outstanding provisions of the Transportable Pressure Equipment Directive (TPED) (Directives 2003/28/EC, 2003/29/EC and 1999/36/EC). Consultation on the HSC's June 2003 proposals closed on 2 September 2003. The 2004 target means the HSE missed the required implementation date: to offset this, the Carriage of Dangerous Goods and Transportable Pressure Vessels (Amendment) Regulations 2003 came into force on 30 June³.

Transport - roads

See also Working time

Work-related driving

The HSE published its long-awaited guidance on work-related road safety (HSE hits the highway): Driving at work: managing work-related road safety, INDG382, free¹ or www.hse.gov.uk/pubns/indg382.pdf. The guidance implements one of the recommendations of the 2001 report of the government's work-related road safety taskforce (HSC heads for the highway). The HSE is addressing the rest of the report by: working with industry to develop and promote best practice; awareness raising; intelligence and data collection; clarifying investigation and enforcement arrangements with the police and local authorities; and research. Task group report: Reducing at-work road traffic incidents¹ or www.hse.gov.uk/road/noframes/index.htm (Managers will have to face occupational road risk test). The group was established as a result of the government's 10-year road safety strategy: Tomorrow's roads: safer for everyone.

Mobile phones

New Regulations came into force on 1 December 2003 that mean employers commit an offence if they cause or permit their staff to use a hand-held mobile phone or similar device while driving on work-related business. The main aim of the Regulations is to ban drivers from using such devices. The Road Vehicles (Construction and Use) (Amendment) (No.4) Regulations 2003, SI 2003 No.2695, ISBN 0 11 048017 13. Consultation on the proposals closed on 25 November 2002 (Mobiles on the move).

Transport - workplace

See also Enforcement

Advice

The HSE and Freight Transport Association (FTA) set up a telephone service offering advice and guidance to vehicle operators, drivers and those responsible for site safety, tel: 0870 099 0099.

Vibration

Directive

The HSC issued two consultative documents on 17 November 2003 on draft Regulations and guidance implementing the vibration Directive (see New Regulations will set vibration limits). Consultation closes on 31 March 2004. Proposals for new Control of Vibration at Work Regulations implementing the physical agents (vibration) Directive (2002/44/EC) - Hand-arm vibration, CD190, and Whole-body vibration, CD191, free¹. EU ministers adopted the Directive on 21 May 2002 (OJ L177/6.7.02). It is the second individual physical agents Directive (see Physical agents above).

Violence

Lone workers

The HSE published 19 case studies showing how employers have tackled violence against lone workers: www.hse.gov.uk/violence. The case studies form part of the HSE's three-year programme to tackle work-related violence, which was due to end in December 2003.

Women

Shift work

HSE-commissioned research concluded that evidence to support a link between shift working and breast cancer is "appreciable, but not definitive". The HSE said that the results meant it could not "develop definitive guidance on the risks from nightshift work". Shift work and breast cancer: a critical review of the epidemiological evidence. RR 132, ISBN 0 7176 2708 X, £10¹.

Information

The HSE added to its website a dedicated section on protecting the health and safety of new and expectant mothers at work: www.hse.gov.uk/mothers.

Work equipment

Directive

Consultation will close on 2 April 2004 on proposed Regulations and guidance to improve the management of work at height (see next HSB). The Regulations would harmonise existing law and implement the EC temporary work at height Directive. Proposals for Work at Height Regulations, CD192¹, www.hse.gov.uk/consult/live.htm, free. The European Council adopted the Directive on 27 June 2001. Implementation is required by 27 June 2005. Directive 2001/45/EC of the European Parliament and of the Council of 27 June 2001 amending Council Directive 89/655/EEC concerning the minimum health and safety requirements for the use of work equipment by workers at work (second individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC), OJ L195/19.7.2001⁹.

Use of work equipment

Regulations implementing two Directives on the use of work equipment resulted in safety improvements and a more competent workforce, according to research carried out for the HSE. Evaluation of the implementation of the use of work equipment Directive and the amending Directive to the use of work equipment Directive in the UK, RR 125, ISBN 0 7176 2702 0, £20¹.

Power presses

The HSE warned that engineering workers are at risk of serious or fatal injuries because guards on turning machines (lathes) are not being properly maintained (HSE gives engineers warning on the need to maintain machinery). Power presses: maintenance and thorough examination, HSG236, ISBN 0 7176 2171 5 £8.50¹; Power presses: a summary of guidance on maintenance and thorough examination, INDG375, free¹; and Procedures for daily inspection and testing of mechanical power press and press brakes, INDG 316, free¹.

Machinery

The HSE warned machinery buyers and sellers that "sold as seen" is no protection from liabilities under health and safety laws².

Published

Roll cages and wheeled racks in the food and drink industries: reducing manual handling injuries, food information sheet 33, free¹ or www.hse.gov.uk/pubns/fis33.pdf; Choosing a welding set? Make sure you can handle it, IND G 390, free¹ or at www.hse.gov.uk/pubns/indg390.pdf.

Working time

Directive

Implementation of the 1998 Working Time Directive is in its final stretches. New Regulations came into force on 1 August 2003 extending provisions of the Directive to around 770,000 workers previously excluded (Lorry and coach drivers face limits on working hours). The Regulations implement the EC Horizontal Amending Directive and cover: non-mobile workers in the road, rail, air and sea transport sectors; mobile workers in the rail and non-HGV road transport sectors; offshore oil and gas workers. The Regulations will be phased in for doctors in training. The Working Time (Amendment) Regulation 2003, SI 2003 No.1684³. Consultation on the proposals closed on 31 January 2003. Consultation will close on 23 January 2004 on the government's "preliminary" proposals for extending provisions of the 1998 Directive to lorry and coach drivers (Lorry and coach drivers face limits on working hours). Consultation on draft Regulations will follow later in 2004. The Directive's provisions must be in force by 23 March 2005, although self-employed drivers will not be affected until 2009. Consultation on the UK's proposal for implementing the Working Time Directive for mobile workers in the road transport sector (2002/15/EC) and Partial regulatory assessment for the RTD, www.dft.gov.uk/freight/rtd. workingtime@dft.gsi.gov.uk. Details of the extension of the 1998 Directive are provided in Health and safety: the state of play.

Workplace

See also Work equipment

Falls from height

Failures to prevent falls from height forced HSE inspectors to serve enforcement notices at one in 10 London workplaces they visited during a two-week inspection blitz in September. The figures exclude construction sites (see Construction above)². The HSE also published research that gives companies practical tools to control the risks: Falls from height - prevention and risk control effectiveness, RR116, ISBN 0 7176 22221 5, £50 or free online (Stop falling for it)¹.

Directive

The HSE has completed its 10-year review for the European Commission of the Workplace (Health, Safety and Welfare) Regulations 1992. The HSE concluded that, in general, the Regulations were working well and so has decided not to proceed with a full review. The submission to the Commission followed analysis of 235 responses to a spring 2003 online questionnaire. The main issue to arise concerned the absence of a maximum workplace temperature.

Published

Heat stress in the workplace: what you need to know as an employer, General information sheet no.1, free¹ or www.hse.gov.uk/pubns/whswindx.htm; Safety in window cleaning using suspended and powered access equipment, MISC 611¹; Safety in window cleaning using rope access techniques, MISC 612¹; and Safety in window cleaning using portable ladders, misc 613; or at www.hse.gov.uk/pubns/fallindx.htm, free.