poll positions - iirsm

9
INTERNATIONAL INSTITUTE OF RISK AND SAFETY MANAGEMENT Visit our website at www.iirsm.org Issue 06/2017 Poll positions The UK will once again be heading to the polls on 8 June after Prime Minister Theresa May called a snap General Election as she seeks a stronger mandate before embarking on the EU exit negotiations. Though it was broadly welcomed by trade unions and business lobby groups, there are fears that the pre-election Whitehall shutdown could put government business – including Brexit planning – in hiatus. In 2015, at the time of the last General Election, the main talking points in the risk management profession were Labour’s and the Green Party’s commitments to a public blacklisting inquiry, the Conservatives’ pledge to cut £10 billion of red tape, as well as plans from the Liberal Democrats and UKIP to exempt small businesses from some EU rules. So what are the parties offering this time around? Well as Brexit is firmly at the top of the agenda, risk and safety management falls into that category – it was expected that EU derived safety law would be converted into UK legislation whoever wins the election, but Labour’s manifesto has promised to drop the Great Repeal Bill, which would allow EU laws to be scrapped. The Bill intends to ensure all laws stemming from EU directives – including health and safety regulations such as the “Six Pack” and the Construction (Design and Management) Regulations – are transferred into UK law, allowing the UK to leave the political bloc without opening gaps in the statute book. The Conservatives insist that once the process is complete, parliament “will be able to decide which elements of that law to keep, amend or repeal”. The Liberal Democrats, meanwhile, want another vote on the final Brexit deal. As your organisation, looking after your interests, we will keep a close eye on how any government protects the health and safety of Britain’s workforce, and will continue to work with other bodies to raise concerns should any arise. Are injured workers entitled to access accident reports? 14 INSIDE THIS ISSUE DHL worker hit by untrained driver at JCB site 02 Worker engagement: bursting the bubble of compliance 06 Whistleblower wins $5.4m and gets job back 12 We will keep a close eye on how any government protects the health and safety of Britain’s workforce, and continue to work with other bodies to raise concerns” © IStockphoto/jpique

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Page 1: Poll positions - IIRSM

INTERNATIONAL INSTITUTE OFRISK AND SAFETY MANAGEMENT

Visit our website at wwwiirsmorgIssue 062017

Poll positionsThe UK will once again be heading to the polls on 8 June after Prime Minister Theresa May called a snap General Election as she seeks a stronger mandate before embarking on the EU exit negotiations

Though it was broadly welcomed by trade unions and business lobby groups there are fears that the pre-election Whitehall shutdown could put government business ndash including Brexit planning ndash in hiatus

In 2015 at the time of the last General Election the main talking points in the risk management profession were Labourrsquos and the Green Partyrsquos commitments to a public blacklisting inquiry the Conservativesrsquo pledge to cut pound10 billion of red tape as well as plans from the Liberal Democrats and UKIP to exempt small businesses from some EU rules

So what are the parties offering this time around Well as Brexit is firmly at the top of the agenda risk and safety management falls into that category ndash it

was expected that EU derived safety law would be converted into UK legislation whoever wins the election but Labourrsquos manifesto has promised to drop the Great Repeal Bill which would allow EU laws to be scrapped

The Bill intends to ensure all laws stemming from EU directives ndash including health and safety regulations such as the ldquoSix Packrdquo and the Construction (Design and Management) Regulations ndash are transferred into UK law allowing the UK to leave the political bloc without opening gaps in the statute book The Conservatives insist that once the process is complete parliament ldquowill be able to decide which elements of that law to keep amend or repealrdquo The Liberal Democrats meanwhile want another vote on the final Brexit deal

As your organisation looking after your interests we will keep a close eye on how any government protects the health and safety of Britainrsquos workforce and will continue to work with other bodies to raise concerns should any arise

Are injured workers entitled to access accident reports

14INSIDE THIS ISSUE

DHL worker hit by untrained driver at JCB site

02 Worker engagement bursting the bubble of compliance

06 Whistleblower wins $54m and gets job back

12

We will keep a close eye on how any government protects the health and safety of Britainrsquos workforce and continue to work with other bodies to raise concernsrdquo

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wwwiirsmorg | 06170617 | wwwiirsmorg 32

News Prosecutions

CHIEF EXECUTIVE Phillip PearsonDIRECTOR OF MEMBERSHIP AND COMMUNICATIONSClare FlemingMANAGING EDITOR Louis Wustemann

EDITOR Kellie Mundellkelliemundelllexisnexiscouk DESIGNER Jo Jamieson

ADDRESSIIRSM 77 Fulham Palace Road London W6 8JA UK Tel +44 (0)20 8741 9100 Fax +44 (0)20 8741 1349Website wwwiirsmorgEmail infoiirsmorg

Registered in England and WalesCharity No 1107666Company No 5310696

PUBLISHED BY LexisNexis copy Reed Elsevier (UK) Limited 2017Printed by Stones Ashford Ltd Kent

This publication is intended to be a general guide and cannot be a substitute for professional advice Neither the authors nor the publisher accept any responsibility for loss occasioned to any person acting or refraining from acting as a result of material contained in this publication

Reproduction copying or extracting by any means of the whole or part of this publication must not be undertaken without the written permission of the publishers

ISSN 1746-1359

News Prosecutions

WORKPLACE TRANSPORT

DHL worker hit by untrained driver at JCB site

Firms were fined a total of pound641000 after worker suffered lsquomultiple injuriesrsquo in accident

Plant manufacturer JCB and delivery firm DHL have appeared in court after a worker was hit from behind by a truck and falling machinery

Martin Addison was at JCB World Headquarters in Rocester auditing incoming deliveries of equipment in an outside yard

A trolley carrying hydraulic rams was being towed by an electric tug when it toppled on its side trapping Addison between the 770kg load and a stillage He suffered multiple serious injuries including fractures and internal injuries

The auditor was working for logistics firm DHL which transports building

supplies around JCBrsquos Rocester factory when the accident happened in October 2013

HSE investigators found there were a number of safety failures relating to the auditing activity and the segregation between employees and vehicles using the area

The court heard the driver of the Bradshaw truck which hit Addison was not properly trained It also accepted DHL was not correctly following safety procedures by carrying out the audit in the north yard

Stafford Crown Court fined the digger giant pound375000 plus costs of pound37235 while DHL was handed a pound266000 penalty and ordered to pay costs of pound23370

HSE Inspector David Brassington said after the court hearing ldquoThe dangers of failing to provide effective segregation between pedestrians and vehicles are well known Both of these companies were well versed in transport risk management and both fell well below the required standard in ensuring that such risks were effectively managed in this area

ldquoThese failings allowed a pedestrian worker into a busy area where vehicles were coming and going and as a result the worker sustained serious injuries from which he has still not recoveredrdquo

REGULATION

Departure from Euratom after Brexit lsquoshould be delayedrsquoPower supplies nuclear trade and research could be at risk if the government does not establish alternative arrangements to membership of the European Atomic Energy Community (Euratom) MPs have warned

Euratom promotes the growth of the nuclear industry ensures safety standards and funds research and development A common market enabling free movement of nuclear professionals materials equipment and investment exists alongside it

The UK joined Euratom along with the European Economic Community in 1973 The Government has argued that membership of the EU and Eurotom are legally entwined therefore Brexit means that it must leave both

However MPs on the Business Energy and Industrial Strategy (BEIS) select committee pointed out in its latest report that legal opinion on this area was divided

Rupert Cowen a Nuclear Energy Specialist at law firm Prospect Law told the committee that the Governmentrsquos aim to leave Euratom was political rather than legal caused by the requirement for members to be under the jurisdiction of the European Court of Justice The Government has stated that the UK would no longer be subject to the court after leaving the EU

Any gap between ceasing to be a member of Euratom and the entry into force of new arrangements could severely inhibit nuclear trade and research cooperation MPs said

Martin Addison was auditing incoming deliveries of equipment in an outside yard at this site in Rocester

RAIL SAFETY

ORR requests process for improving Network Railrsquos route risk managementThe Office of Rail and Road (ORR) is to request that Network Rail puts in place a process to improve risk management at a local level across all its devolved routes ensuring that any changes occur safely and in compliance with health and safety law its business plan for 2017ndash18 has stated

In the regulatorrsquos plans which set out its aims and strategy for the next year ORR also said that it will introduce more proportionate intervention on routes in

order to lighten the regulatory burden on operators

ORR also emphasised that it will continue to work to instil Safety by Design into projects before they become operational in particular on large scale projects like HS2 and the new Elizabeth Line

The regulator also confirmed that it would be responding to findings from the Rail Accident Investigation Branch (RAIB)

and the British Transport Police (BTP) about the Croydon Tram accident that occurred in November 2016 and caused the death of seven people (see page 5)

In her foreword to the plan Joanna Whittington ORR CEO said that the past year had seen customer satisfaction drop in part due to continued industrial action on franchises across the country and that the ORR was looking to change its plan to address this growing concern

The regulator also said that it would continue pushing Network Rail to be a more ldquopredictablerdquo organisation under the ORRrsquos Risk Management Maturity Model (RM3) saying ldquoThis will be particularly important as route devolution takes placeldquoWhere we see weaknesses in different areas and between different routes we will encourage and if necessary enforce changerdquo

InBriefNew ISO 45001 draft publishedThe International Organisation for Standardisation has published ISODIS 4500122017 the second version of the draft management standard for occupational health and safety for an international consultation process

Balloting on the text by National Standards Bodies (NBS) in around 70 countries will begin on 19 May and is expected to be completed by the end of July

If the ballot delivers 75 support for the draft text known as DIS2 then this could be the final meeting with publication of the standard following shortly afterwards

The text of the second draft was compiled by ISO Project Committee 283 reflecting more than 3000 comments submitted by NBSs in response to the first draft

The Office of Rail and Road has published its business plan for 2017ndash18

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Both of these companies were well versed in transport risk management and both fell well below the required standard in ensuring that such risks were effectively managed in this areardquo

[Being predictable] will be particularly important as route devolution takes placerdquo

SAFE SYSTEMS OF WORK

Food giant fined pound2m after worker was crushed by plastic bale

Bakkavor failed to implement a safe system of work for stacking bales

Food manufacturing giant Bakkavor has been fined pound2m after a worker was fatally crushed when a plastic bale weighing 700kg collapsed on him

Manchester Crown Court heard that Hitchen Foods which is owned by the Bakkavor Group failed to consider and properly plan how the bales of compressed waste plastic were stacked and stored at the factory in Ince Greater Manchester

On 4 February 2015 29 year old Polish national Jacek Adamowicz was sweeping up in a storage yard when

the top bale of a stack of three which weighed 703kg fell on him and trapped him against the ground

When HSE inspectors visited the site they found unsafe stacking of bales of plastic Bakkavor Foods had failed to implement a safe system of work for stacking the bales failed to formally train workers on how to stack the bales and did not monitor work in the area where the bales were stored

Bakkavor Foods ndash whose customers include KFC Marks amp Spencer and Pizza Express ndash pleaded guilty to breaching of Section 2(1) of the Health and Safety at Work Act It was ordered to pay pound32595 costs

wwwiirsmorg | 06170617 | wwwiirsmorg 54

News ProsecutionsNews Prosecutions

DRIVERSrsquo FATIGUE

Croydon tram crash drivers admit to falling asleep on fatal lineTram drivers operating on the Croydon line where seven people were killed last year have admitted falling asleep at the controls amid claims that safeguards meant to prevent accidents do not work

During an investigation four drivers said a safety device known as ldquoa dead manrsquos handlerdquo failed to activate and stop their trams

Following the incident on 9 November 2016 ndash which left seven people dead and 51 injured ndash driver Alfred Dorris 42 was arrested on suspicion of manslaughter and bailed until May Initial investigations found there was no emergency braking and the tram had been travelling at 46mph before it crashed in a 13mph zone near the Sandilands Junction area of Croydon

While an interim report into last yearrsquos crash suggested Dorris may have ldquolost awarenessrdquo his employer Tram Operations Limited (TOL) has insisted that driver fatigue is monitored and the tramrsquos controls were ldquofully functionalrdquo at the time

However three other cases of drivers being incapacitated have also been uncovered with one nearly resulting in a head-on collision

Konrad Turner a retired Croydon driver of 16 years told the BBCrsquos Victoria Derbyshire programme that he had once passed through a stop while sleeping adding that passersby had been ldquovery fortunaterdquo not to be ldquorun overrdquo

He said the safety device which is

supposed to trigger when pressure is relieved from the accelerator did not activate

Others said that they felt unable to express concerns over the mechanismrsquos reliability because it would have forced them to admit falling asleep while driving ndash a sackable offence

Six drivers have so far come forward to criticise the device which they claim is not ldquofit for purposerdquo

Commenting TOL said that passengers were not at risk and that speed checks across the network had been increased since the crash

EQUALITY

Govt to publish workplace dress code guidance following petition

Receptionist was sent home from agency job for wearing flat shoes

New guidance on workplace dress codes will be published by the Government but there will be no changes to the law following a receptionistrsquos petition to make it illegal to require women to wear high heels at work

Nicola Thorp an agency worker at accounting firm PricewaterhouseCoopers was sent home without pay for wearing flat shoes after being told it was her agencyrsquos ldquogrooming policyrdquo for women to wear two- to four-inch heels She pointed out that men were not required to wear similar attire and launched a petition which attracted 152420 signatures

The Government Equalities Office working with Acas the Equality and Human Rights Commission (EHRC) and the Health and Safety Executive (HSE) will publish workplace dress code guidance for employers this summer

In developing the guidance the Government said it would consider controversial dress code requirements including high heels and footwear make-up manicures and hairstyle It will also consider hosiery see-through clothing skirt length and low-fronted or unbuttoned tops

But the Government rejected the petitionrsquos call for a new law saying that ldquoscope for redress already existsrdquo in the Equality Act 2010 which makes it unlawful for an employer to discriminate or harass a person because of or for reasons related to gender

ldquoIn particular the Act prohibits direct sex discriminationrdquo said the Governmentrsquos response adding ldquoWe are clear that a dress code that makes significantly more demands of female employees than of their male colleagues will be unlawful under this provisionrdquo

Maria Miller MP Chair of the Women and Equalities Committee said ldquoEquality legislation is not sufficient to achieve equality in practice This petition and the Committeesrsquo inquiry have reinforced the need for effective enforcement of legislation and for employers and employees to be aware of their obligations and rights

ldquoWe welcome the commitments made by the Government to increasing

awareness of those rights and hope that the next Government will monitor how this changes womenrsquos experiences of the workplacerdquo

Meanwhile a TUC report has found that women in the workforce continue to encounter poorly fitting and uncomfortable PPE with fewer than one in three using protective clothing specifically designed for women

Only 29 told a TUC survey ndash conducted across workers in the emergency services retail and manufacturing engineering and scientific research industries ndash that the PPE they wear at work has been designed with the needs of women in mind

ldquoIrsquom shocked that so many women ndash even those working in frontline emergency services ndash do not have the right protective clothing to do their jobs safelyrdquo said TUC General Secretary Frances OrsquoGrady ldquoBossesrsquo complacency risks serious injury It shouldnrsquot be hard to ensure protective uniforms come in menrsquos and womenrsquos sizesrdquo

HEALTH AND SAFETY EXECUTIVE

HSE launches consultation on FFI disputes process

The HSE has set out its plans to overhaul its Fee for Intervention (FFI) disputes procedure launching a consultation on proposals to appoint an independent panel that would oversee appeals

The scheme was originally launched in October 2012 and allows the executive to recover its costs from those it regulates If an inspector identifies serious health and safety failings in the workplace about which they need to write to the dutyholder then that party has to pay the costs of the visit If they wish to dispute the amount charged or disagree that there has been a material breach they can make

a written ldquoqueryrdquo to the HSEIf the dutyholder is not satisfied with

the response to the query and wishes to escalate the matter then a ldquodisputerdquo can be raised in writing Until now disputes were considered by a panel which consisted of two members from the HSE and one independent person

However following widespread criticism of the process as well as recent proceedings for judicial review (as reported in Health and Safety at Work magazine ndash read the interview at wwwhealthandsafetyatworkcomfee-for-interventionocs-reluctant-campaigners)

the HSE is now consulting on a revised and fully independent process for considering disputes in relation to the scheme and how it should operate

The six-week consultation which closes on 2 June asks six questions about how the new disputes process will operate how to ensure that all sizes of business can use it and how to ensure that the process is proportionate to the fees charged under FFI

Seven people were killed and 51 were injured when a tram in Sandilands Croydon derailed in November last year

The Government rejected calls to change the law

LONE WORKING

South West Water fined pound18m after lone worker drowned

Devon and Cornwallrsquos water supplier South West Water has been ordered to pay almost pound2m after a worker drowned when he fell into a filtration tank

Robert Geach was found floating face down in a sand filtration unit at a South West Water facility at Falmouth Docks on 30 December 2013

Truro Crown Court heard that Geach who was working alone at the time was carrying out a routine task when he slipped and fell into a narrow opening and was then left with no means of escape or way to call for help

The 54 year old was left lying in the tank for four and a half hours until a colleague found him

Prosecutor Sean Brunton told Truro Crown Court that the circumstances were ldquoan accident waiting to happenrdquo and said that South West Water ndash which has an annual turnover in excess of pound500million ndash failed to act on warnings that an employee could fall into the tank and be left without a way to escape

He also made reference to a previous incident where an employee lost his footing and fell into a tank where he remained for an hour until he was rescued

The incident brought to attention the risks associated with this way of working and Brunton said that the problems ldquoshould have been addressedrdquo

During the HSErsquos investigation criticisms were levelled at the lone worker alarm system Despite it being set off at 1653 on the fateful day Geach was not found by his colleague until 1950

In mitigation the company said it accepted responsibility and acknowledged that more should have been done to keep workers safe

It was also pointed out that South West Water had never been convicted of any health and safety breaches before and that drastic steps have since been taken to address the failings that contributed to Geachrsquos death

InBriefWaltham Forest chief joins HSE board to represent councilsThe Department for Work and Pensions has appointed Waltham Forest Council Chief Executive Martin Esom to the HSErsquos non-executive board

Esom has been in post at Waltham Forest since October 2010 having previously been Deputy Chief Executive and Executive Director for Environment and Regeneration

He has served as a board member and trustee at the Chartered Institute of Environmental Health and also holds technical qualifications in health and safety and noise control and an MBA degree

New guide on gender differencesThe TUC has published a new guide for trade union representatives to help them take gender differences between men and women into account when identifying health and safety concerns at work

lsquoGender in occupational health and safetyrsquo says that a gender-stereotyped or lsquoone size fits allrsquo approach to risk assessment is now out of date The new guide which will equally be of benefit to employers outlines some of the main health and safety risks women can face at work such as back pain because of repetitive work

The guide is available at wwwtucorguksitesdefaultfilesGenderHS2017pdf

Hours Robert Geach was left lying in the filtration tank

45

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Equality legislation is not sufficient to achieve equality in practicerdquo

View the consultation document at wwwhsegovukconsultcondocscd284htm

Worker engagement Worker engagement

Bursting the bubble of compliance

Many working environments are operating within such obstinate bubbles of compliancerdquo

I spend much of my working life influencing managers and leaders to create a safer and more productive

place It has long been my belief that this goal can be achieved by health and safety managers leaders and employees on the techniques methods behaviours and attitudes that we associate with safe practice However in my role as a safety and health leadership professional I see ndash almost on a daily basis ndash stark examples of poor and unsafe practices and working cultures that donrsquot appear to have got the message

This is not to disparage the efforts of health and safety trainers and safety practitioners it is clear that over the last

two decades we have made great progress Nevertheless it is equally clear that in many cases this improvement has levelled off When we see that our efforts can no longer be relied upon to produce sustainable improvements we must ask ourselves some questions How do we explain lack of progress And what can we do differently so that we can engage people in a different and progressive manner

A different angleDuring a conversation with a senior police officer not long after the introduction of speed cameras I asked for his opinion on how the speed camera contributed to road safety I will never forget his reply He

said ldquoSpeed cameras create a bubble of compliancerdquo I found this really interesting He explained that speed cameras influence driver behaviour but only in a well-defined bubble stretching about 50 metres before the camera and 100 metres afterwards When behaviour did change people only briefly complied with the law and it was only because of the threat of sanction

So we have a situation where numerous people only change their behaviour when someone is watching Where health and safety is concerned many working environments are operating within such obstinate bubbles of compliance After all safety is about doing the right thing when no one is looking

Our challenge then is what can we do to pop ndash or at least dramatically expand ndash the boundaries of that bubble How can we influence people to move from compliant behaviour to committed behaviour

The simple answer is better leadership But this seems to me to be too simplistic Whilst few would argue with the assertion that leaders play an important role in establishing and sustaining an environment where safe practice can thrive we also need to recognise that many non-compliant incidents are the result of individual actions based on choices made in the moment when people are not in the bubble of observation and sanction

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0617 | wwwiirsmorg wwwiirsmorg | 06176 7

IIRSM Council member Dan Terry explains how to move on from a culture that values task accomplishment to see the true value in relationship building and reduced injuries and ill health

Emotional engagement leadershipLeadership is the capacity to cause in an engagement a personrsquos lsquoFaithrsquo in the organisationsrsquo mission and methods Whereas lsquoBeliefrsquo gives people something to hold onto in a crisis the lsquoFaithrsquo instilled by true leadership giving them the moral courage and dedication to let go of any attitudes beliefs and behaviours that could deter them from their course

Does your communicative style of leadership engage or disengage other peoplersquos emotional investment

Does it promote emotional security and satisfaction

Does it encourage by demonstration self-respect and secure feelings of being respected that arise from social and emotional enjoyment

wwwiirsmorg | 06170617 | wwwiirsmorg

What lies beneathThink back to the speed camera example and analyse your own driving behaviour Does your right foot automatically stray towards the brake pedal when you see a camera Does your right foot quickly move back to the accelerator as soon as you see the camera diminishing in your rear-view mirror If you answered yes you are operating in a bubble of compliance

We all know the law and we also know the potential consequences of speed and unsafe driving but this is only brought to the front of our consciousness when we are inside the lsquobubblersquo we donrsquot moderate our behaviour because we are committed to safe driving ndash we comply with the law only when we are being watched Individuals make choices in the moment and what is in the front of our minds at that moment will influence the choices we make

At the end of the day behaviour comes from what we see or witness But itrsquos what lies beneath the surface that we need to work on in many organisations Our behaviour is constantly being influenced by internal and external stimuli It is estimated that we have about 60000 thoughts a day ndash around 95 of them we have the very next day We are creatures of habit which can be useful at times but not at other

Reinventing the way we do thingsThe world is changing and we have to move with the times ndash regulations

Worker engagement Worker engagement

and procedures have their place but we need to go further to engage staff membersrsquo hearts and minds to really engage them So what can leaders do to increase the likelihood that safety and health is at the front of workersrsquo minds when we make choices lsquoin the momentrsquo By adopting a few simple practices you will go some way to popping the bubble and engendering a committed approach rather than compliant behaviour

We must endeavour to be more relationship focused and engage with all staff at all levels The main challenge is to move on from a culture that values task accomplishment to see the true value in relationship building and reduced incident and ill health This might involve drawing a line in the sand and holding an informal meeting of what needs to happen ndash what you want to happen and attempting to break down the attitudes of the past

Many people think that if something has always been a certain way itrsquoll never change ndash particularly senior management ndash but good behaviour is an indicator of good engagement It is not about being soft as a leader itrsquos about going the extra mile and learning what makes people tick through building rapport and building trust The building of trust within your teams is at the heart of any cultural change journey After all if you go about changing whatrsquos below the surface this will then potentially change whatrsquos visible ndash the behaviour

People need to feel that they are in proportionate control of their

We must endeavour to be more relationship focused and engage with all staff at all levelsrdquo

98

development with less one-upmanship positive peer pressure

Transformative engagement and the invisible leaderThe next time you are tempted to react negatively to a particular situation event or remark stop and consider if there is a better way to respond The attitude we use to respond with will ultimately determine how our character is built The question isnrsquot how can we implement more procedures to get peopleteams to be compliant but rather how can we support the teams we have in finding the best solutions and be more committed How can we strengthen the possibilities of the various team members so that they need the least amount of direction-setting from above

Generally speaking people will engage in something they believe gives meaning to their lives the stronger the sense of meaning the greater the personal stake in the engagement What gives meaning is personal authority over onersquos future and a secure sense of belonging of fellowship contribution personal significance and self-value recognition of onersquos unique individuality being valued by others and pride in onersquos skills and their invaluable contribution to the organisationrsquos mission

Instilling personal pride in promoting a sense of partnership in an enterprise is emotional engagement

So moving from compliance to commitment is an essential process for senior managers managers leaders and personnel in all organisations for a sustainable future especially in our fast paced ever changing work environment letrsquos burst the bubble once and for all

Physical engagement influenceThe meaning of a life of leadership is to awaken in others the meanings of their lives The purpose of engagement is to lead workers to seek find and share meaning in their work by breaking down for themselves any disassociations of the meaning of lsquoworkrsquo from that of lsquolifersquo Such disassociations are lsquodisengagesrsquo they can block engagement in between and across the organisationrsquos upstream downstream and lateral structural components As a leader engager or influencer

does your physical presence your manner with other people tend to engage or disengage commitment from them

Do you make people feel physically secure about engaging with you in fulfilling the organisationrsquos mission How do you know

Do you use the power of your position in the organisation legitimately to encourage or illegitimately to cause fear in others

Are the environmental contexts of the organisation such as workplaces access security welfare ergonomics etc engagingly uplifting or disengagingly depressing The conditions of these contextual boundaries are important aspects of your securing a personrsquos physical engagement

What mistakes do companies make the most when managing their

employees

41cited a lack of

communication between staff and

management

28cited a lack of recognition

and praise

wwwiirsmorg | 06170617 | wwwiirsmorg 1110

Institute NewsInstitute News

United Arab Emirates17 May 2017Symposium and AGM Book wwwiirsmorgeventsuae-branch-symposium-and-agm-17-may-2017

Qatar23 May 2017 | Doha Discussion on HSE Philosophy with Simon Pratt Viv Turner and Mark Stephens plus a training presentation on tower crane safety by Andy WallRegister qatarbranchiirsmorg

North Scotland25 May 2017 | AberdeenldquoYour biggest risk factor ndash people Six ways to manage that riskrdquo by Bill RobbRegister northscotbranchiirsmorg

East Midlands7 June 2017 | Ashby de la ZouchRegister eastmidbranchiirsmorg

Nigeria15 June 2017 Register nigeriabranchyahoocom

United Arab Emirates5 July 2017 Electrical safety best practicestesting inspection and certificationRegister uaebranchiirsmorg

West Midlands13 July 2017 Topics include ten tips drawing from 15 months of sentencing under the health and safety guidelines (Sue Dearden) health and safety within a local authority (Karl Mills) laser safety (Simon Wharmby) and a review of data protection offences and the new GDP Regulations 2018 (Roger Silvers)Register westmidbranchiirsmorg

WEST MIDLANDS BRANCH UPDATE

Inaugural meeting a successIIRSM West Midlands Branch Chair Roger Silvers and Committee Member Andrew Hinton were pleased to welcome those members who attended the inaugural meeting on 23 March 2017 The County Hotel in Walsall provided excellent facilities and good discussions were held between the members

The presentations on sentencing guidelines for health and safety offences and managing health issues in the transport and logistics industry were

well received as well as a detailed presentation given by Sophie Cox (IIRSMrsquos Head of Member Services) on the Institutersquos strategic developments

The next Branch Meeting will be held on 13 July 2017 at the same venue There is a packed agenda and interesting presentations lined up for the event and there will also be time to network

Donrsquot forget to book your place early at wwwiirsmorgbook-a-branch-meeting

UPCOMING BRANCH MEETINGS

Dates for your diary

EAST SCOTLAND BRANCH UPDATE

ldquoHuman error is not rarerdquoEdinburgh University recently played host to a IIRSM Branch meeting for members of the East Scotland Branch Rosie Russell Branch Secretary stood in for Branch Chair Lawrence Green as he is recovering from a hip replacement operation

Rosie gave a presentation on the management of human factors and human error which she developed when she worked for the then Institute for Animal Health now known as the Pirbright Institute following the 2007 foot and mouth outbreak

ldquoNo-one shows up to work planning to make a mistakerdquo she reminded delegates ldquoBut human error is not rarerdquo

The Branch currently requires volunteers to fill the following positions on the Committee

Vice Chair Branch Treasurer Events Co-ordinator Branch Committee Member

The next meeting will be held on 19 July and the topic will be risk and safety management in extreme environments

Members and non-members are welcome and are asked to register their attendance by emailing eastscotbranchiirsmorg

THOUGHT LEADERSHIP

Jack of all trades master of oneSmall and medium sized businesses are booming ndash numerically at least At the start of last year there were a record 55 million private sector businesses in the UK employing nearly 16 million people Yet a breakdown of these figures shows many of these businesses may have been created from post-austerity necessity rather than creative ambition While the number of new SMEs employing staff grew by 14000 there were six times as many operating as sole traders With average wages falling behind inflation and the rise of zero hour employment itrsquos not surprising that many people are discovering their inner entrepreneur and starting out on their own

Itrsquos a courageous decision Running an SME has never been an easy option between 45 ndash 55 of new businesses fail in their first five years and many struggle to grow For every BrewDog craft brewery attracting pound100m from private equity backers there are thousands of small shopkeepers one-or-two man trades and tiny tech start-ups making small incremental profits or just about breaking even

And Brexit throws up new complications Despite 43 of small business owners

voting to leave the European Union nearly a quarter of them now think the subsequent devaluation of the pound has hindered their business and 57 are primarily concerned about the impact of withdrawal on foreign

currency and exchange rates Time-poor and in the face of so many

risks it can be easy for small business owners to lose sight of their advantages While they donrsquot have the resources of larger corporates SMEs are not hindered by involved chains of sign-off and complicated internal bureaucracy Small may not be easy but it can be faster and more responsive

Putting this advantage into practice however can seem like an uphill struggle for a small business owner juggling VAT suppliers and marketing while actually doing the day job with limited time and finite resources

Yet the difference between SMEs that succeed and those that donrsquot is being equipped to know whatrsquos coming and having the tools to manage it Whether itrsquos failing to adapt to evolving customer needs overlooking new export markets or skimping on supplier due diligence most

failure is the result of not knowing how to anticipate identify and manage risk

Mastering the basics of practical risk management allows SMEs to deal with threats and grasp opportunities as an intrinsic part of running their businesses rather than as a box ticking exercise or inconvenient afterthought Knowing whatrsquos around the corner allows small business owners to plan strategically using the

best tools to maximise opportunities and see off threats

We all know the UK has a productivity problem Since 2008 UK productivity has stalled and is at least 6 lower than other G8 economies What is often less well-publicised is that SMEs could have a major role in solving this problem A joint report by Goldman Sachs the Enterprise Research Centre and the British Business Bank identified a critical but underexplored factor to improving UK productivity ndash the ambition of SME owners to grow Just 28 of British firm innovate even less than Serbia The report concludes that education for the UKrsquos small business owners has a vital role to play in realising this pool of untapped productivity

By mastering the techniques and tools to manage the risks and opportunities SME owners could add enormous value to their businesses local communities as well as boosting UK growth

IIRSM TRAINING APPROVAL

wwwiirsmorgIIRSM is a charitable company limited by guarantee registered in England amp Wales

Charity Reg No 1107666 Company Reg No 5310696 VAT No 153 909 104

INTERNATIONAL INSTITUTE OFRISK AND SAFETY MANAGEMENT

IIRSMrsquos Training Approval will set you apart from your competitors by certifying your training meets the standards demanded by industry

For more information and to apply visit wwwiirsmorgapply-training-approval

Use of IIRSMrsquos lsquoApproved Coursersquo

logo on promotional

material

BENEFITS OF APPROVAL INCLUDE An

independent mark of quality

assessed by industry peers

Ability to issue delegate certificates

of attendance baring IIRSMrsquos logo

Are you looking for an independent quality assurance scheme for your training courses

ldquoMastering the basics of practical risk management allows SMEs to deal with threats and grasp opportunitiesrdquo

wwwiirsmorg | 06170617 | wwwiirsmorg 1312

International News International News

JAPAN

Moves to limit overwork culture

A top level government panel has set out a plan to reduce long working hours and ensure equal treatment for regular and non-regular employees in Japan as part of broader labour reforms

The panel headed by Prime Minister Shinzo Abe is calling for a cap on overtime hours and penalties on violators in an action plan based on an agreement between Japanrsquos most powerful business lobby Keidanren and the union federation Rengo

USA

2 dead and 20 injured at Colorado mineTwo workers were killed and 20 others were injured Sunday in a mining accident near the southwestern Colorado town of Ouray

Rory Williams project manager for Star Mine Operations told the newspaper The Ouray Watch that the accident was not related to a cave-in or mine collapse but was apparently a ldquopowder-smoke incidentrdquo and that a release of chemicals in the smoke injured the miners

HAITI

Initiative to improve working conditions for deaf employees

Better Work a collaboration between the International Finance Cooperation (IFC) and the International Labor Organization has joined forces with an innovative foundation to improve factory clinics and boost the quality of life for a group of deaf workers in Haiti

Share Hope is a unique social enterprise that is part foundation and part for-profit business operating in Haiti The foundation works within garment factories to improve the well-being of factory workers while the business supplies retailers with value-added apparel ensuring that the products are made with in its own words ldquothe highest level of social and corporate responsibilityrdquo

The Levi Strauss Foundation has provided funding and support

EUROPE

How ICT will affect the future of OSH

EU-OSHA has published a report under its current foresight activity The project is looking at how changes in information

and communication technologies and work location will affect occupational safety and health (OSH)

Key trends and drivers of change in information and communication technologies and work location presents the results of the first phase of the project and is available at httpbitly2pIhkxP

IRELAND

Worker feared job loss if safety concerns were voiced

A concrete company employee whose co-worker died said he had safety concerns but feared he would lose his job if he voiced them an inquest has heard

Barry Gargan from Piercetown Dunboyne Co Meath was crushed beneath a cleaning arm inside a safety cage containing production machinery at a Kilsaran concrete plant in Meath in September 2011

Witness Chris Bagnall who was operating a control panel outside the cage said he had safety concerns around the production methods for a particular type of concrete kerbing but was afraid to raise the issue according to the Irish Examiner

ldquoI didnrsquot say anything to anyone because I was afraid I would lose my jobrdquo Bagnall said at Dublin Coronerrsquos Court

The company was fined euro1m at the Court of Appeal recently

USA

Whistleblower wins $54m and gets job backBanking giant Wells Fargo has been ordered to pay $54 million to a former manager who said he was fired in 2010 after reporting to his supervisors and to a bank ethics hotline what he suspected was fraudulent behaviour

The bank must also rehire him the Labour Departmentrsquos Occupational Safety and Health Administration (OSHA) said

The $54 million intended to cover back pay compensatory damages and legal fees is the largest individual award ever ordered through OSHArsquos whistle-blower protection programme according to Barbara Goto the agencyrsquos regional administrator in San Francisco

Wells Fargo which is based in San Francisco has been in turmoil since admitting that its employees under pressure to meet aggressive sales goals opened as many two million fraudulent accounts The bank fired at least 5300 employees who were involved and paid $185 million to settle lawsuits

Wells Fargo said it would fight the ruling

CANADA

Insecure work hits mental and physical health

A new survey of nearly 5000 workers in Ontario has revealed that precarious work is bad for workersrsquo mental and physical health

Almost a third of survey respondents cited mental and physical health issues as impacts of precarious work According to the survey results carried out by the Ontario Federation of Labour (OFL) young people (18 to 34 years) precarious workers and women are more likely to experience mental health distress

ldquoWe need to consider the whole picture when it comes to employment instead of just businessesrsquo bottom linerdquo said OFL President Chris Buckley ldquoI think thatrsquos what business critics are missing when we talk about changing the employment laws to make improvements for workers Precarious work makes people sick ndash periodrdquo

Buckley said that this is why the OFL and labour unions across Ontario with

the Fight for $15 and Fairness campaign are determined to make changes to the Employment Standards and Labour Relations Acts to make sure workers donrsquot face the overwhelming stress of long-term precarious employment

ldquoThe government must have the courage to chart a different direction for our economyrdquo said Buckley

QATAR

ILO grants more time to improve human rights record

A UN agency has granted Qatar until November to address allegations of ldquoforced labourrdquo before deciding whether the country should be sanctioned

The International Labor Organization (ILO) decided to continue monitoring Qatar for human rights violations until later this year

When it convenes in a few monthsrsquo time it will revisit whether to open a Commission of Inquiry its highest investigative mechanism

GLOBAL

IndustriALL demonstrates against asbestos on Workersrsquo Memorial DayOn Workerrsquos Memorial Day which took place on 28 April IndustriALL Global Union affiliate trade unions from all corners of the globe demonstrated in Geneva Switzerland demanding an end to the asbestos trade

Around 100 IndustriALL affiliates who were in Geneva for IndustriALLrsquos Executive Committee meeting were joined by representatives from global unions BWI and UNI and the Australian Council of Trade Unions in the demonstration outside the United Nations Trade unions want the Rotterdam Convention a UN treaty to put chrysotile asbestos on its list of hazardous substances to help stop the asbestos trade

The demonstration held a minutersquos silence for those who have died from asbestos exposure and then marched from the UN to the conference centre in Geneva where the eighth conference of the parties to the Rotterdam Convention is currently meeting

The Rotterdam Convention requires that dangerous substances on its list be traded with prior informed consent from importing countries and with full disclosure of their harmful properties However chrysotile asbestos has been repeatedly blocked from being added to the Conventionrsquos list by a handful of countries that profit from the asbestos trade such as Russia and Kazakhstan according to IndustriALL

Global union IndustriALL representatives outside the United Nations in Geneva

GLOBAL

Renewables reach record capacity research reveals

A record level of renewable energy capacity was installed globally last year even though investment in clean energy was 23 lower than in 2015

Research commissioned by the UN found that new investment in renewables excluding large hydro totalled $2416bn the lowest since 2013

However falling costs resulted in a record 1385 gigawatts of wind solar and other renewables being added 8 more than in 2015 This extra capacity ndash which includes wind solar biomass and waste-to-energy geothermal small hydro and marine sources but excludes large hydro ndash is roughly equal to total installed electricity capacity of Canada

This record addition of new renewables capacity accounted for 55 of all new electricity generation capacity of any kind created in 2016 the highest proportion for renewables to date

It means renewables now account for almost 17 of global power capacity up from 15 last year

It also boosted the overall proportion of global electricity coming

from renewable sources from 103 in 2015 to 113 in 2016

Despite the record additions though the renewable share of generation still only inched forwards by one percentage point This is a far slower pace than what will be needed to keep global temperatures well under 2degC as set out in the Paris Agreement

A recent analysis by the International Energy Agency (IEA) of how to achieve this said wind and solar would together need to become the largest source of electricity by 2030

Significantly the record rise in renewable capacity came despite an overall fall in investment compared to the previous year

The world invested $242bn in 2016 (excluding large hydro) 23 less than 2015 and the lowest since 2013 Around $23bn was invested in large hydro down 48

The fall in investment was in large part due to falling costs UNEP said with the average per megawatt cost of solar photovoltaics and wind dropping by more than 10 compared to 2015

copy T

wit

ter

Indu

stri

ALL

copy IS

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oim

acoc

onut

The growth in renewables comes despite a fall in investment

wwwiirsmorg | 06170617 | wwwiirsmorg 1514

Membersrsquo Pages Membersrsquo Pages

If you are looking for advice call the health and safety information helpline with your questions on +44 (0)1296 678 465 or email iirsmhelplinealcumusgroupcom for information on any health and safety related topic Here are just a few of your recent queries

QampAsACCIDENT INVESTIGATION DATA

I recently completed an accident investigation involving an agency employee I have received a request from the injured person asking for a copy of all reports and information relating to the accident and investigation including the F2508 I have never had this request directly from an injured person before I appreciate under data protection he may be able to ask for information but I am sure he is looking for a compensation claim Do I have to give him copies of the documentation or can I wait for the claim and accompanying requests for information

Under the Data Protection Act individuals are entitled to copies of data held on them by organisations therefore in our opinion this means that they would be entitled to copies of documents such as accident book entries and RIDDOR (Reporting of Injuries Diseases and Dangerous Occurrences Regulations) forms such as the F2508 relating to their accident

While there isnrsquot anything definitive within health and safety legislation or guidance on this matter the HSErsquos publication Investigating accidents and incidents does recommend that the results of the investigation and action plan should be communicated to everyone who needs to know Visit wwwhsegovukpubnsbookshsg245htm for the document

Therefore this means that while it would be reasonable for the injured person to be informed of the findings and results of the investigation they would not be entitled to copies of all the documents relating to the accident such as accident investigation reports witness statements etc For a more definitive opinion it may be worth contacting the Information Commissionerrsquos Office visit httpsicoorgukglobalcontact-us

DANISH REGULATORS

Can you point me in the direction of the Danish environmental health and safety regulators

Environmental legislation regulations and guidance can be found on the Environmental Protection Agency website

at httpengmstdktopicsindustryenvironmental-inspectiondanish-regulations

The International Labour Organisation provides the contact details for all 109 Countries including Denmark and further details of the Danish Working Environment Authority is at wwwatdk

REACH EXEMPTION REQUESTS

I am looking to extend an exemption request under REACH for use of PXT (lead crystal) in our product which is unique How do I set up an exemption request

According to the HSErsquos REACH exemption certificates section the exemption application process includes

Application contents full name and job title of applicant full company address including

registration number (if applicable) details of sectornature of business

Details of exemption requests nature of request type of exemption (ie class exemption

single exemption) reasons why exemption is required details of asbestos-containing article(s) purpose of exemption (ie loan out

exhibitsale etc) date for exemption to commenceend

(if short term)

Justification and evidence details and justification of need for exemption (to include socioeconomic risk assessment) demonstration in writing of how a high level of protection of human health will be ensured if the application were successful ie risk assessmentmethod statementcompetent personnel involved

Submit application submit application to the HSE by email

reacharticle67exemptionhsegovuk the HSE will send acknowledgement of

receipt of application additional information may be

requested by HSE the HSE will aim to make a decision

within six weeks of receipt of all information required

See wwwhsegovukasbestosexemptionhtm for advice on the application of REACH obligations You can also contact the UK REACH Competent Authorityrsquos national helpdesk by emailing UKREACHCAhsegovuk

DOMESTIC BUILDING WORKS

Can you confirm what duties if any a relative arranging to have some building works done on their house might have under health and safety

As a domestic client they would not be exempt from the duties of clients under CDM but these duties will be transferred from them to the contractor or principal contractor in charge of the works

ACCIDENT RECORDS

Please advise which regulations relate to the keeping of a company accident book Irsquom trying to find out whether there should be one per department or a single central document

The relevant legislation regarding the keeping of an accident book is regulation 25 of the Social Security (Claims and Payments) Regulations 1979 which is concerned with the obligations of employees and this statesldquo(3) Every owner or occupier (being an employer) of any mine or quarry or of any premises to which any of the provisions of the Factories Act 1961 applies and every employer by whom 10 or more persons are normally employed at the same time on or about the same premises in connection with a trade or business carried on by the employer shall subject to the following provisions of this paragraph ndash(a) keep readily accessible a book or books in a form approved by the Secretary of State in which the appropriate particulars (as defined in regulation 24) of any accident causing personal injury to a person employed by the employer may be entered by that person or by some other person acting on his behalf and(b) preserve every such book when it

is filled for the period of three years beginning with the date of the last entry thereinrdquo

This information can be found at wwwlegislationgovukuksi1979628regulation25sldmade

With regards to your second question if an organisation can ensure that the single central accident book they keep meets the above requirement of being lsquoreadily accessiblersquo to all their employees then this should be sufficient

ACCIDENTS OVERSEAS

If an incident happened on an installation off the German coast is it correct that this wouldnrsquot be reportable under the Reporting of Injuries Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR)

You are correct the incident wouldnrsquot be reportable under RIDDOR We suggest you contact the German authorities to check whether it is required to be reported under German legislation

RESPONSIBILITY OF THE BOARD

Where an Association has a President Vice President Secretary Treasurer and Committee followed by Chief Executive and Board who has responsibility for the Health and Safety Policy and signing of Statement of Intent

As there is no legal requirement for a health and safety policy to be signed there is nothing specific within health and safety legislation or guidance regarding this matter However the following information provided by the HSE may be useful

Does the health and safety policy have to be signed and if so by whoIt is lsquohighly recommendedrsquo that it is signed as signing it is like an act of good faith to say that the company will adhere to what is stated Someone as high up in the company as possible for example a director should be the person to sign it

How many people can sign the policy In the leaflet lsquoLeading health and safety at workrsquo it is recommended that a health and safety director is appointed who could sign the policy however there is nothing preventing several people signing

the policy for example three signatures Therefore it could be signed by any or all of the people within the organisation that you mentioned in your enquiry

The HSE publication referred to above can be freely downloaded from wwwhsegovukpubnsindg417pdf

SAFETY FOOTWEAR

One of our employees has presented a doctorrsquos note stating he is unable to wear safety footwear due to an ingrowing toenail I believe that we need to offer alternative footwear and if he still canrsquot wear them then he should be removed from that task Am I right in that he would be exempt

If the employee was unable to wear any suitable safety footwear then he would need to be removed from the task There is no exemption from wearing PPE if the risk assessment indicates that is what is required

FIRST AID KITS

We have a food store a dry store and general store Are we required to provide first aid boxes in each store

It is unclear which country you are based in However within the UK the relevant legislation is the Health and Safety (First-Aid) Regulations 1981 These require you to provide adequate and appropriate first-aid equipment facilities and people so your employees can be given immediate help if they are injured or taken ill at work

What is lsquoadequate and appropriatersquo will depend on the circumstances in your workplace and you should assess what your first aid needs are

The minimum first aid provision on any work site is

a suitably stocked first aid kit an appointed person to take charge of

first aid arrangements information for employees about first

aid arrangements

The following information has been taken from the HSErsquos guidance document to the Health and Safety (First Aid) Regulations 1981

ldquoThe aim of first aid is to reduce the effects of injury or illness suffered at work whether caused by the work itself or not First aid provision must be adequate and appropriate in the circumstancesrdquo

This means that sufficient first-aid equipment facilities and personnel should be available

to give immediate assistance to casualties with both common injuries or illness and those likely to arise from specific hazards at work

to summon an ambulance or other professional help

How much first aid provision an employer must make depends on the circumstances of each workplace There is no fixed level but each employer needs to assess what equipment facilities and personnel are appropriate

L74 First aid at work the Health and Safety (First Aid) Regulations 1981 Approved Code of Practice and Guidance is available at wwwhsegovukpubnspricedl74pdf

Regarding health and safety in other countries some general information about regulatory systems and contact details to the relevant national bodies can be found within the country profiles section at wwwiloorgsafeworkcountrieslang--enindexhtm

Join the conversation The opinion corner is designed to gauge exactly what our members are thinking on current issues in the industry If you have a question you would like us to ask members please email kelliemundelllexisnexiscouk

This month wersquore asking

Are your political preferences influenced by your profession

Have your say visit httpbitly2oV9nBNto join in the discussion

0617 | wwwiirsmorg16

Page 2: Poll positions - IIRSM

wwwiirsmorg | 06170617 | wwwiirsmorg 32

News Prosecutions

CHIEF EXECUTIVE Phillip PearsonDIRECTOR OF MEMBERSHIP AND COMMUNICATIONSClare FlemingMANAGING EDITOR Louis Wustemann

EDITOR Kellie Mundellkelliemundelllexisnexiscouk DESIGNER Jo Jamieson

ADDRESSIIRSM 77 Fulham Palace Road London W6 8JA UK Tel +44 (0)20 8741 9100 Fax +44 (0)20 8741 1349Website wwwiirsmorgEmail infoiirsmorg

Registered in England and WalesCharity No 1107666Company No 5310696

PUBLISHED BY LexisNexis copy Reed Elsevier (UK) Limited 2017Printed by Stones Ashford Ltd Kent

This publication is intended to be a general guide and cannot be a substitute for professional advice Neither the authors nor the publisher accept any responsibility for loss occasioned to any person acting or refraining from acting as a result of material contained in this publication

Reproduction copying or extracting by any means of the whole or part of this publication must not be undertaken without the written permission of the publishers

ISSN 1746-1359

News Prosecutions

WORKPLACE TRANSPORT

DHL worker hit by untrained driver at JCB site

Firms were fined a total of pound641000 after worker suffered lsquomultiple injuriesrsquo in accident

Plant manufacturer JCB and delivery firm DHL have appeared in court after a worker was hit from behind by a truck and falling machinery

Martin Addison was at JCB World Headquarters in Rocester auditing incoming deliveries of equipment in an outside yard

A trolley carrying hydraulic rams was being towed by an electric tug when it toppled on its side trapping Addison between the 770kg load and a stillage He suffered multiple serious injuries including fractures and internal injuries

The auditor was working for logistics firm DHL which transports building

supplies around JCBrsquos Rocester factory when the accident happened in October 2013

HSE investigators found there were a number of safety failures relating to the auditing activity and the segregation between employees and vehicles using the area

The court heard the driver of the Bradshaw truck which hit Addison was not properly trained It also accepted DHL was not correctly following safety procedures by carrying out the audit in the north yard

Stafford Crown Court fined the digger giant pound375000 plus costs of pound37235 while DHL was handed a pound266000 penalty and ordered to pay costs of pound23370

HSE Inspector David Brassington said after the court hearing ldquoThe dangers of failing to provide effective segregation between pedestrians and vehicles are well known Both of these companies were well versed in transport risk management and both fell well below the required standard in ensuring that such risks were effectively managed in this area

ldquoThese failings allowed a pedestrian worker into a busy area where vehicles were coming and going and as a result the worker sustained serious injuries from which he has still not recoveredrdquo

REGULATION

Departure from Euratom after Brexit lsquoshould be delayedrsquoPower supplies nuclear trade and research could be at risk if the government does not establish alternative arrangements to membership of the European Atomic Energy Community (Euratom) MPs have warned

Euratom promotes the growth of the nuclear industry ensures safety standards and funds research and development A common market enabling free movement of nuclear professionals materials equipment and investment exists alongside it

The UK joined Euratom along with the European Economic Community in 1973 The Government has argued that membership of the EU and Eurotom are legally entwined therefore Brexit means that it must leave both

However MPs on the Business Energy and Industrial Strategy (BEIS) select committee pointed out in its latest report that legal opinion on this area was divided

Rupert Cowen a Nuclear Energy Specialist at law firm Prospect Law told the committee that the Governmentrsquos aim to leave Euratom was political rather than legal caused by the requirement for members to be under the jurisdiction of the European Court of Justice The Government has stated that the UK would no longer be subject to the court after leaving the EU

Any gap between ceasing to be a member of Euratom and the entry into force of new arrangements could severely inhibit nuclear trade and research cooperation MPs said

Martin Addison was auditing incoming deliveries of equipment in an outside yard at this site in Rocester

RAIL SAFETY

ORR requests process for improving Network Railrsquos route risk managementThe Office of Rail and Road (ORR) is to request that Network Rail puts in place a process to improve risk management at a local level across all its devolved routes ensuring that any changes occur safely and in compliance with health and safety law its business plan for 2017ndash18 has stated

In the regulatorrsquos plans which set out its aims and strategy for the next year ORR also said that it will introduce more proportionate intervention on routes in

order to lighten the regulatory burden on operators

ORR also emphasised that it will continue to work to instil Safety by Design into projects before they become operational in particular on large scale projects like HS2 and the new Elizabeth Line

The regulator also confirmed that it would be responding to findings from the Rail Accident Investigation Branch (RAIB)

and the British Transport Police (BTP) about the Croydon Tram accident that occurred in November 2016 and caused the death of seven people (see page 5)

In her foreword to the plan Joanna Whittington ORR CEO said that the past year had seen customer satisfaction drop in part due to continued industrial action on franchises across the country and that the ORR was looking to change its plan to address this growing concern

The regulator also said that it would continue pushing Network Rail to be a more ldquopredictablerdquo organisation under the ORRrsquos Risk Management Maturity Model (RM3) saying ldquoThis will be particularly important as route devolution takes placeldquoWhere we see weaknesses in different areas and between different routes we will encourage and if necessary enforce changerdquo

InBriefNew ISO 45001 draft publishedThe International Organisation for Standardisation has published ISODIS 4500122017 the second version of the draft management standard for occupational health and safety for an international consultation process

Balloting on the text by National Standards Bodies (NBS) in around 70 countries will begin on 19 May and is expected to be completed by the end of July

If the ballot delivers 75 support for the draft text known as DIS2 then this could be the final meeting with publication of the standard following shortly afterwards

The text of the second draft was compiled by ISO Project Committee 283 reflecting more than 3000 comments submitted by NBSs in response to the first draft

The Office of Rail and Road has published its business plan for 2017ndash18

copy N

igel

Spo

oner

Ala

my

Stoc

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oto

copy IS

tock

phot

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amm

uth

Both of these companies were well versed in transport risk management and both fell well below the required standard in ensuring that such risks were effectively managed in this areardquo

[Being predictable] will be particularly important as route devolution takes placerdquo

SAFE SYSTEMS OF WORK

Food giant fined pound2m after worker was crushed by plastic bale

Bakkavor failed to implement a safe system of work for stacking bales

Food manufacturing giant Bakkavor has been fined pound2m after a worker was fatally crushed when a plastic bale weighing 700kg collapsed on him

Manchester Crown Court heard that Hitchen Foods which is owned by the Bakkavor Group failed to consider and properly plan how the bales of compressed waste plastic were stacked and stored at the factory in Ince Greater Manchester

On 4 February 2015 29 year old Polish national Jacek Adamowicz was sweeping up in a storage yard when

the top bale of a stack of three which weighed 703kg fell on him and trapped him against the ground

When HSE inspectors visited the site they found unsafe stacking of bales of plastic Bakkavor Foods had failed to implement a safe system of work for stacking the bales failed to formally train workers on how to stack the bales and did not monitor work in the area where the bales were stored

Bakkavor Foods ndash whose customers include KFC Marks amp Spencer and Pizza Express ndash pleaded guilty to breaching of Section 2(1) of the Health and Safety at Work Act It was ordered to pay pound32595 costs

wwwiirsmorg | 06170617 | wwwiirsmorg 54

News ProsecutionsNews Prosecutions

DRIVERSrsquo FATIGUE

Croydon tram crash drivers admit to falling asleep on fatal lineTram drivers operating on the Croydon line where seven people were killed last year have admitted falling asleep at the controls amid claims that safeguards meant to prevent accidents do not work

During an investigation four drivers said a safety device known as ldquoa dead manrsquos handlerdquo failed to activate and stop their trams

Following the incident on 9 November 2016 ndash which left seven people dead and 51 injured ndash driver Alfred Dorris 42 was arrested on suspicion of manslaughter and bailed until May Initial investigations found there was no emergency braking and the tram had been travelling at 46mph before it crashed in a 13mph zone near the Sandilands Junction area of Croydon

While an interim report into last yearrsquos crash suggested Dorris may have ldquolost awarenessrdquo his employer Tram Operations Limited (TOL) has insisted that driver fatigue is monitored and the tramrsquos controls were ldquofully functionalrdquo at the time

However three other cases of drivers being incapacitated have also been uncovered with one nearly resulting in a head-on collision

Konrad Turner a retired Croydon driver of 16 years told the BBCrsquos Victoria Derbyshire programme that he had once passed through a stop while sleeping adding that passersby had been ldquovery fortunaterdquo not to be ldquorun overrdquo

He said the safety device which is

supposed to trigger when pressure is relieved from the accelerator did not activate

Others said that they felt unable to express concerns over the mechanismrsquos reliability because it would have forced them to admit falling asleep while driving ndash a sackable offence

Six drivers have so far come forward to criticise the device which they claim is not ldquofit for purposerdquo

Commenting TOL said that passengers were not at risk and that speed checks across the network had been increased since the crash

EQUALITY

Govt to publish workplace dress code guidance following petition

Receptionist was sent home from agency job for wearing flat shoes

New guidance on workplace dress codes will be published by the Government but there will be no changes to the law following a receptionistrsquos petition to make it illegal to require women to wear high heels at work

Nicola Thorp an agency worker at accounting firm PricewaterhouseCoopers was sent home without pay for wearing flat shoes after being told it was her agencyrsquos ldquogrooming policyrdquo for women to wear two- to four-inch heels She pointed out that men were not required to wear similar attire and launched a petition which attracted 152420 signatures

The Government Equalities Office working with Acas the Equality and Human Rights Commission (EHRC) and the Health and Safety Executive (HSE) will publish workplace dress code guidance for employers this summer

In developing the guidance the Government said it would consider controversial dress code requirements including high heels and footwear make-up manicures and hairstyle It will also consider hosiery see-through clothing skirt length and low-fronted or unbuttoned tops

But the Government rejected the petitionrsquos call for a new law saying that ldquoscope for redress already existsrdquo in the Equality Act 2010 which makes it unlawful for an employer to discriminate or harass a person because of or for reasons related to gender

ldquoIn particular the Act prohibits direct sex discriminationrdquo said the Governmentrsquos response adding ldquoWe are clear that a dress code that makes significantly more demands of female employees than of their male colleagues will be unlawful under this provisionrdquo

Maria Miller MP Chair of the Women and Equalities Committee said ldquoEquality legislation is not sufficient to achieve equality in practice This petition and the Committeesrsquo inquiry have reinforced the need for effective enforcement of legislation and for employers and employees to be aware of their obligations and rights

ldquoWe welcome the commitments made by the Government to increasing

awareness of those rights and hope that the next Government will monitor how this changes womenrsquos experiences of the workplacerdquo

Meanwhile a TUC report has found that women in the workforce continue to encounter poorly fitting and uncomfortable PPE with fewer than one in three using protective clothing specifically designed for women

Only 29 told a TUC survey ndash conducted across workers in the emergency services retail and manufacturing engineering and scientific research industries ndash that the PPE they wear at work has been designed with the needs of women in mind

ldquoIrsquom shocked that so many women ndash even those working in frontline emergency services ndash do not have the right protective clothing to do their jobs safelyrdquo said TUC General Secretary Frances OrsquoGrady ldquoBossesrsquo complacency risks serious injury It shouldnrsquot be hard to ensure protective uniforms come in menrsquos and womenrsquos sizesrdquo

HEALTH AND SAFETY EXECUTIVE

HSE launches consultation on FFI disputes process

The HSE has set out its plans to overhaul its Fee for Intervention (FFI) disputes procedure launching a consultation on proposals to appoint an independent panel that would oversee appeals

The scheme was originally launched in October 2012 and allows the executive to recover its costs from those it regulates If an inspector identifies serious health and safety failings in the workplace about which they need to write to the dutyholder then that party has to pay the costs of the visit If they wish to dispute the amount charged or disagree that there has been a material breach they can make

a written ldquoqueryrdquo to the HSEIf the dutyholder is not satisfied with

the response to the query and wishes to escalate the matter then a ldquodisputerdquo can be raised in writing Until now disputes were considered by a panel which consisted of two members from the HSE and one independent person

However following widespread criticism of the process as well as recent proceedings for judicial review (as reported in Health and Safety at Work magazine ndash read the interview at wwwhealthandsafetyatworkcomfee-for-interventionocs-reluctant-campaigners)

the HSE is now consulting on a revised and fully independent process for considering disputes in relation to the scheme and how it should operate

The six-week consultation which closes on 2 June asks six questions about how the new disputes process will operate how to ensure that all sizes of business can use it and how to ensure that the process is proportionate to the fees charged under FFI

Seven people were killed and 51 were injured when a tram in Sandilands Croydon derailed in November last year

The Government rejected calls to change the law

LONE WORKING

South West Water fined pound18m after lone worker drowned

Devon and Cornwallrsquos water supplier South West Water has been ordered to pay almost pound2m after a worker drowned when he fell into a filtration tank

Robert Geach was found floating face down in a sand filtration unit at a South West Water facility at Falmouth Docks on 30 December 2013

Truro Crown Court heard that Geach who was working alone at the time was carrying out a routine task when he slipped and fell into a narrow opening and was then left with no means of escape or way to call for help

The 54 year old was left lying in the tank for four and a half hours until a colleague found him

Prosecutor Sean Brunton told Truro Crown Court that the circumstances were ldquoan accident waiting to happenrdquo and said that South West Water ndash which has an annual turnover in excess of pound500million ndash failed to act on warnings that an employee could fall into the tank and be left without a way to escape

He also made reference to a previous incident where an employee lost his footing and fell into a tank where he remained for an hour until he was rescued

The incident brought to attention the risks associated with this way of working and Brunton said that the problems ldquoshould have been addressedrdquo

During the HSErsquos investigation criticisms were levelled at the lone worker alarm system Despite it being set off at 1653 on the fateful day Geach was not found by his colleague until 1950

In mitigation the company said it accepted responsibility and acknowledged that more should have been done to keep workers safe

It was also pointed out that South West Water had never been convicted of any health and safety breaches before and that drastic steps have since been taken to address the failings that contributed to Geachrsquos death

InBriefWaltham Forest chief joins HSE board to represent councilsThe Department for Work and Pensions has appointed Waltham Forest Council Chief Executive Martin Esom to the HSErsquos non-executive board

Esom has been in post at Waltham Forest since October 2010 having previously been Deputy Chief Executive and Executive Director for Environment and Regeneration

He has served as a board member and trustee at the Chartered Institute of Environmental Health and also holds technical qualifications in health and safety and noise control and an MBA degree

New guide on gender differencesThe TUC has published a new guide for trade union representatives to help them take gender differences between men and women into account when identifying health and safety concerns at work

lsquoGender in occupational health and safetyrsquo says that a gender-stereotyped or lsquoone size fits allrsquo approach to risk assessment is now out of date The new guide which will equally be of benefit to employers outlines some of the main health and safety risks women can face at work such as back pain because of repetitive work

The guide is available at wwwtucorguksitesdefaultfilesGenderHS2017pdf

Hours Robert Geach was left lying in the filtration tank

45

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Equality legislation is not sufficient to achieve equality in practicerdquo

View the consultation document at wwwhsegovukconsultcondocscd284htm

Worker engagement Worker engagement

Bursting the bubble of compliance

Many working environments are operating within such obstinate bubbles of compliancerdquo

I spend much of my working life influencing managers and leaders to create a safer and more productive

place It has long been my belief that this goal can be achieved by health and safety managers leaders and employees on the techniques methods behaviours and attitudes that we associate with safe practice However in my role as a safety and health leadership professional I see ndash almost on a daily basis ndash stark examples of poor and unsafe practices and working cultures that donrsquot appear to have got the message

This is not to disparage the efforts of health and safety trainers and safety practitioners it is clear that over the last

two decades we have made great progress Nevertheless it is equally clear that in many cases this improvement has levelled off When we see that our efforts can no longer be relied upon to produce sustainable improvements we must ask ourselves some questions How do we explain lack of progress And what can we do differently so that we can engage people in a different and progressive manner

A different angleDuring a conversation with a senior police officer not long after the introduction of speed cameras I asked for his opinion on how the speed camera contributed to road safety I will never forget his reply He

said ldquoSpeed cameras create a bubble of compliancerdquo I found this really interesting He explained that speed cameras influence driver behaviour but only in a well-defined bubble stretching about 50 metres before the camera and 100 metres afterwards When behaviour did change people only briefly complied with the law and it was only because of the threat of sanction

So we have a situation where numerous people only change their behaviour when someone is watching Where health and safety is concerned many working environments are operating within such obstinate bubbles of compliance After all safety is about doing the right thing when no one is looking

Our challenge then is what can we do to pop ndash or at least dramatically expand ndash the boundaries of that bubble How can we influence people to move from compliant behaviour to committed behaviour

The simple answer is better leadership But this seems to me to be too simplistic Whilst few would argue with the assertion that leaders play an important role in establishing and sustaining an environment where safe practice can thrive we also need to recognise that many non-compliant incidents are the result of individual actions based on choices made in the moment when people are not in the bubble of observation and sanction

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0617 | wwwiirsmorg wwwiirsmorg | 06176 7

IIRSM Council member Dan Terry explains how to move on from a culture that values task accomplishment to see the true value in relationship building and reduced injuries and ill health

Emotional engagement leadershipLeadership is the capacity to cause in an engagement a personrsquos lsquoFaithrsquo in the organisationsrsquo mission and methods Whereas lsquoBeliefrsquo gives people something to hold onto in a crisis the lsquoFaithrsquo instilled by true leadership giving them the moral courage and dedication to let go of any attitudes beliefs and behaviours that could deter them from their course

Does your communicative style of leadership engage or disengage other peoplersquos emotional investment

Does it promote emotional security and satisfaction

Does it encourage by demonstration self-respect and secure feelings of being respected that arise from social and emotional enjoyment

wwwiirsmorg | 06170617 | wwwiirsmorg

What lies beneathThink back to the speed camera example and analyse your own driving behaviour Does your right foot automatically stray towards the brake pedal when you see a camera Does your right foot quickly move back to the accelerator as soon as you see the camera diminishing in your rear-view mirror If you answered yes you are operating in a bubble of compliance

We all know the law and we also know the potential consequences of speed and unsafe driving but this is only brought to the front of our consciousness when we are inside the lsquobubblersquo we donrsquot moderate our behaviour because we are committed to safe driving ndash we comply with the law only when we are being watched Individuals make choices in the moment and what is in the front of our minds at that moment will influence the choices we make

At the end of the day behaviour comes from what we see or witness But itrsquos what lies beneath the surface that we need to work on in many organisations Our behaviour is constantly being influenced by internal and external stimuli It is estimated that we have about 60000 thoughts a day ndash around 95 of them we have the very next day We are creatures of habit which can be useful at times but not at other

Reinventing the way we do thingsThe world is changing and we have to move with the times ndash regulations

Worker engagement Worker engagement

and procedures have their place but we need to go further to engage staff membersrsquo hearts and minds to really engage them So what can leaders do to increase the likelihood that safety and health is at the front of workersrsquo minds when we make choices lsquoin the momentrsquo By adopting a few simple practices you will go some way to popping the bubble and engendering a committed approach rather than compliant behaviour

We must endeavour to be more relationship focused and engage with all staff at all levels The main challenge is to move on from a culture that values task accomplishment to see the true value in relationship building and reduced incident and ill health This might involve drawing a line in the sand and holding an informal meeting of what needs to happen ndash what you want to happen and attempting to break down the attitudes of the past

Many people think that if something has always been a certain way itrsquoll never change ndash particularly senior management ndash but good behaviour is an indicator of good engagement It is not about being soft as a leader itrsquos about going the extra mile and learning what makes people tick through building rapport and building trust The building of trust within your teams is at the heart of any cultural change journey After all if you go about changing whatrsquos below the surface this will then potentially change whatrsquos visible ndash the behaviour

People need to feel that they are in proportionate control of their

We must endeavour to be more relationship focused and engage with all staff at all levelsrdquo

98

development with less one-upmanship positive peer pressure

Transformative engagement and the invisible leaderThe next time you are tempted to react negatively to a particular situation event or remark stop and consider if there is a better way to respond The attitude we use to respond with will ultimately determine how our character is built The question isnrsquot how can we implement more procedures to get peopleteams to be compliant but rather how can we support the teams we have in finding the best solutions and be more committed How can we strengthen the possibilities of the various team members so that they need the least amount of direction-setting from above

Generally speaking people will engage in something they believe gives meaning to their lives the stronger the sense of meaning the greater the personal stake in the engagement What gives meaning is personal authority over onersquos future and a secure sense of belonging of fellowship contribution personal significance and self-value recognition of onersquos unique individuality being valued by others and pride in onersquos skills and their invaluable contribution to the organisationrsquos mission

Instilling personal pride in promoting a sense of partnership in an enterprise is emotional engagement

So moving from compliance to commitment is an essential process for senior managers managers leaders and personnel in all organisations for a sustainable future especially in our fast paced ever changing work environment letrsquos burst the bubble once and for all

Physical engagement influenceThe meaning of a life of leadership is to awaken in others the meanings of their lives The purpose of engagement is to lead workers to seek find and share meaning in their work by breaking down for themselves any disassociations of the meaning of lsquoworkrsquo from that of lsquolifersquo Such disassociations are lsquodisengagesrsquo they can block engagement in between and across the organisationrsquos upstream downstream and lateral structural components As a leader engager or influencer

does your physical presence your manner with other people tend to engage or disengage commitment from them

Do you make people feel physically secure about engaging with you in fulfilling the organisationrsquos mission How do you know

Do you use the power of your position in the organisation legitimately to encourage or illegitimately to cause fear in others

Are the environmental contexts of the organisation such as workplaces access security welfare ergonomics etc engagingly uplifting or disengagingly depressing The conditions of these contextual boundaries are important aspects of your securing a personrsquos physical engagement

What mistakes do companies make the most when managing their

employees

41cited a lack of

communication between staff and

management

28cited a lack of recognition

and praise

wwwiirsmorg | 06170617 | wwwiirsmorg 1110

Institute NewsInstitute News

United Arab Emirates17 May 2017Symposium and AGM Book wwwiirsmorgeventsuae-branch-symposium-and-agm-17-may-2017

Qatar23 May 2017 | Doha Discussion on HSE Philosophy with Simon Pratt Viv Turner and Mark Stephens plus a training presentation on tower crane safety by Andy WallRegister qatarbranchiirsmorg

North Scotland25 May 2017 | AberdeenldquoYour biggest risk factor ndash people Six ways to manage that riskrdquo by Bill RobbRegister northscotbranchiirsmorg

East Midlands7 June 2017 | Ashby de la ZouchRegister eastmidbranchiirsmorg

Nigeria15 June 2017 Register nigeriabranchyahoocom

United Arab Emirates5 July 2017 Electrical safety best practicestesting inspection and certificationRegister uaebranchiirsmorg

West Midlands13 July 2017 Topics include ten tips drawing from 15 months of sentencing under the health and safety guidelines (Sue Dearden) health and safety within a local authority (Karl Mills) laser safety (Simon Wharmby) and a review of data protection offences and the new GDP Regulations 2018 (Roger Silvers)Register westmidbranchiirsmorg

WEST MIDLANDS BRANCH UPDATE

Inaugural meeting a successIIRSM West Midlands Branch Chair Roger Silvers and Committee Member Andrew Hinton were pleased to welcome those members who attended the inaugural meeting on 23 March 2017 The County Hotel in Walsall provided excellent facilities and good discussions were held between the members

The presentations on sentencing guidelines for health and safety offences and managing health issues in the transport and logistics industry were

well received as well as a detailed presentation given by Sophie Cox (IIRSMrsquos Head of Member Services) on the Institutersquos strategic developments

The next Branch Meeting will be held on 13 July 2017 at the same venue There is a packed agenda and interesting presentations lined up for the event and there will also be time to network

Donrsquot forget to book your place early at wwwiirsmorgbook-a-branch-meeting

UPCOMING BRANCH MEETINGS

Dates for your diary

EAST SCOTLAND BRANCH UPDATE

ldquoHuman error is not rarerdquoEdinburgh University recently played host to a IIRSM Branch meeting for members of the East Scotland Branch Rosie Russell Branch Secretary stood in for Branch Chair Lawrence Green as he is recovering from a hip replacement operation

Rosie gave a presentation on the management of human factors and human error which she developed when she worked for the then Institute for Animal Health now known as the Pirbright Institute following the 2007 foot and mouth outbreak

ldquoNo-one shows up to work planning to make a mistakerdquo she reminded delegates ldquoBut human error is not rarerdquo

The Branch currently requires volunteers to fill the following positions on the Committee

Vice Chair Branch Treasurer Events Co-ordinator Branch Committee Member

The next meeting will be held on 19 July and the topic will be risk and safety management in extreme environments

Members and non-members are welcome and are asked to register their attendance by emailing eastscotbranchiirsmorg

THOUGHT LEADERSHIP

Jack of all trades master of oneSmall and medium sized businesses are booming ndash numerically at least At the start of last year there were a record 55 million private sector businesses in the UK employing nearly 16 million people Yet a breakdown of these figures shows many of these businesses may have been created from post-austerity necessity rather than creative ambition While the number of new SMEs employing staff grew by 14000 there were six times as many operating as sole traders With average wages falling behind inflation and the rise of zero hour employment itrsquos not surprising that many people are discovering their inner entrepreneur and starting out on their own

Itrsquos a courageous decision Running an SME has never been an easy option between 45 ndash 55 of new businesses fail in their first five years and many struggle to grow For every BrewDog craft brewery attracting pound100m from private equity backers there are thousands of small shopkeepers one-or-two man trades and tiny tech start-ups making small incremental profits or just about breaking even

And Brexit throws up new complications Despite 43 of small business owners

voting to leave the European Union nearly a quarter of them now think the subsequent devaluation of the pound has hindered their business and 57 are primarily concerned about the impact of withdrawal on foreign

currency and exchange rates Time-poor and in the face of so many

risks it can be easy for small business owners to lose sight of their advantages While they donrsquot have the resources of larger corporates SMEs are not hindered by involved chains of sign-off and complicated internal bureaucracy Small may not be easy but it can be faster and more responsive

Putting this advantage into practice however can seem like an uphill struggle for a small business owner juggling VAT suppliers and marketing while actually doing the day job with limited time and finite resources

Yet the difference between SMEs that succeed and those that donrsquot is being equipped to know whatrsquos coming and having the tools to manage it Whether itrsquos failing to adapt to evolving customer needs overlooking new export markets or skimping on supplier due diligence most

failure is the result of not knowing how to anticipate identify and manage risk

Mastering the basics of practical risk management allows SMEs to deal with threats and grasp opportunities as an intrinsic part of running their businesses rather than as a box ticking exercise or inconvenient afterthought Knowing whatrsquos around the corner allows small business owners to plan strategically using the

best tools to maximise opportunities and see off threats

We all know the UK has a productivity problem Since 2008 UK productivity has stalled and is at least 6 lower than other G8 economies What is often less well-publicised is that SMEs could have a major role in solving this problem A joint report by Goldman Sachs the Enterprise Research Centre and the British Business Bank identified a critical but underexplored factor to improving UK productivity ndash the ambition of SME owners to grow Just 28 of British firm innovate even less than Serbia The report concludes that education for the UKrsquos small business owners has a vital role to play in realising this pool of untapped productivity

By mastering the techniques and tools to manage the risks and opportunities SME owners could add enormous value to their businesses local communities as well as boosting UK growth

IIRSM TRAINING APPROVAL

wwwiirsmorgIIRSM is a charitable company limited by guarantee registered in England amp Wales

Charity Reg No 1107666 Company Reg No 5310696 VAT No 153 909 104

INTERNATIONAL INSTITUTE OFRISK AND SAFETY MANAGEMENT

IIRSMrsquos Training Approval will set you apart from your competitors by certifying your training meets the standards demanded by industry

For more information and to apply visit wwwiirsmorgapply-training-approval

Use of IIRSMrsquos lsquoApproved Coursersquo

logo on promotional

material

BENEFITS OF APPROVAL INCLUDE An

independent mark of quality

assessed by industry peers

Ability to issue delegate certificates

of attendance baring IIRSMrsquos logo

Are you looking for an independent quality assurance scheme for your training courses

ldquoMastering the basics of practical risk management allows SMEs to deal with threats and grasp opportunitiesrdquo

wwwiirsmorg | 06170617 | wwwiirsmorg 1312

International News International News

JAPAN

Moves to limit overwork culture

A top level government panel has set out a plan to reduce long working hours and ensure equal treatment for regular and non-regular employees in Japan as part of broader labour reforms

The panel headed by Prime Minister Shinzo Abe is calling for a cap on overtime hours and penalties on violators in an action plan based on an agreement between Japanrsquos most powerful business lobby Keidanren and the union federation Rengo

USA

2 dead and 20 injured at Colorado mineTwo workers were killed and 20 others were injured Sunday in a mining accident near the southwestern Colorado town of Ouray

Rory Williams project manager for Star Mine Operations told the newspaper The Ouray Watch that the accident was not related to a cave-in or mine collapse but was apparently a ldquopowder-smoke incidentrdquo and that a release of chemicals in the smoke injured the miners

HAITI

Initiative to improve working conditions for deaf employees

Better Work a collaboration between the International Finance Cooperation (IFC) and the International Labor Organization has joined forces with an innovative foundation to improve factory clinics and boost the quality of life for a group of deaf workers in Haiti

Share Hope is a unique social enterprise that is part foundation and part for-profit business operating in Haiti The foundation works within garment factories to improve the well-being of factory workers while the business supplies retailers with value-added apparel ensuring that the products are made with in its own words ldquothe highest level of social and corporate responsibilityrdquo

The Levi Strauss Foundation has provided funding and support

EUROPE

How ICT will affect the future of OSH

EU-OSHA has published a report under its current foresight activity The project is looking at how changes in information

and communication technologies and work location will affect occupational safety and health (OSH)

Key trends and drivers of change in information and communication technologies and work location presents the results of the first phase of the project and is available at httpbitly2pIhkxP

IRELAND

Worker feared job loss if safety concerns were voiced

A concrete company employee whose co-worker died said he had safety concerns but feared he would lose his job if he voiced them an inquest has heard

Barry Gargan from Piercetown Dunboyne Co Meath was crushed beneath a cleaning arm inside a safety cage containing production machinery at a Kilsaran concrete plant in Meath in September 2011

Witness Chris Bagnall who was operating a control panel outside the cage said he had safety concerns around the production methods for a particular type of concrete kerbing but was afraid to raise the issue according to the Irish Examiner

ldquoI didnrsquot say anything to anyone because I was afraid I would lose my jobrdquo Bagnall said at Dublin Coronerrsquos Court

The company was fined euro1m at the Court of Appeal recently

USA

Whistleblower wins $54m and gets job backBanking giant Wells Fargo has been ordered to pay $54 million to a former manager who said he was fired in 2010 after reporting to his supervisors and to a bank ethics hotline what he suspected was fraudulent behaviour

The bank must also rehire him the Labour Departmentrsquos Occupational Safety and Health Administration (OSHA) said

The $54 million intended to cover back pay compensatory damages and legal fees is the largest individual award ever ordered through OSHArsquos whistle-blower protection programme according to Barbara Goto the agencyrsquos regional administrator in San Francisco

Wells Fargo which is based in San Francisco has been in turmoil since admitting that its employees under pressure to meet aggressive sales goals opened as many two million fraudulent accounts The bank fired at least 5300 employees who were involved and paid $185 million to settle lawsuits

Wells Fargo said it would fight the ruling

CANADA

Insecure work hits mental and physical health

A new survey of nearly 5000 workers in Ontario has revealed that precarious work is bad for workersrsquo mental and physical health

Almost a third of survey respondents cited mental and physical health issues as impacts of precarious work According to the survey results carried out by the Ontario Federation of Labour (OFL) young people (18 to 34 years) precarious workers and women are more likely to experience mental health distress

ldquoWe need to consider the whole picture when it comes to employment instead of just businessesrsquo bottom linerdquo said OFL President Chris Buckley ldquoI think thatrsquos what business critics are missing when we talk about changing the employment laws to make improvements for workers Precarious work makes people sick ndash periodrdquo

Buckley said that this is why the OFL and labour unions across Ontario with

the Fight for $15 and Fairness campaign are determined to make changes to the Employment Standards and Labour Relations Acts to make sure workers donrsquot face the overwhelming stress of long-term precarious employment

ldquoThe government must have the courage to chart a different direction for our economyrdquo said Buckley

QATAR

ILO grants more time to improve human rights record

A UN agency has granted Qatar until November to address allegations of ldquoforced labourrdquo before deciding whether the country should be sanctioned

The International Labor Organization (ILO) decided to continue monitoring Qatar for human rights violations until later this year

When it convenes in a few monthsrsquo time it will revisit whether to open a Commission of Inquiry its highest investigative mechanism

GLOBAL

IndustriALL demonstrates against asbestos on Workersrsquo Memorial DayOn Workerrsquos Memorial Day which took place on 28 April IndustriALL Global Union affiliate trade unions from all corners of the globe demonstrated in Geneva Switzerland demanding an end to the asbestos trade

Around 100 IndustriALL affiliates who were in Geneva for IndustriALLrsquos Executive Committee meeting were joined by representatives from global unions BWI and UNI and the Australian Council of Trade Unions in the demonstration outside the United Nations Trade unions want the Rotterdam Convention a UN treaty to put chrysotile asbestos on its list of hazardous substances to help stop the asbestos trade

The demonstration held a minutersquos silence for those who have died from asbestos exposure and then marched from the UN to the conference centre in Geneva where the eighth conference of the parties to the Rotterdam Convention is currently meeting

The Rotterdam Convention requires that dangerous substances on its list be traded with prior informed consent from importing countries and with full disclosure of their harmful properties However chrysotile asbestos has been repeatedly blocked from being added to the Conventionrsquos list by a handful of countries that profit from the asbestos trade such as Russia and Kazakhstan according to IndustriALL

Global union IndustriALL representatives outside the United Nations in Geneva

GLOBAL

Renewables reach record capacity research reveals

A record level of renewable energy capacity was installed globally last year even though investment in clean energy was 23 lower than in 2015

Research commissioned by the UN found that new investment in renewables excluding large hydro totalled $2416bn the lowest since 2013

However falling costs resulted in a record 1385 gigawatts of wind solar and other renewables being added 8 more than in 2015 This extra capacity ndash which includes wind solar biomass and waste-to-energy geothermal small hydro and marine sources but excludes large hydro ndash is roughly equal to total installed electricity capacity of Canada

This record addition of new renewables capacity accounted for 55 of all new electricity generation capacity of any kind created in 2016 the highest proportion for renewables to date

It means renewables now account for almost 17 of global power capacity up from 15 last year

It also boosted the overall proportion of global electricity coming

from renewable sources from 103 in 2015 to 113 in 2016

Despite the record additions though the renewable share of generation still only inched forwards by one percentage point This is a far slower pace than what will be needed to keep global temperatures well under 2degC as set out in the Paris Agreement

A recent analysis by the International Energy Agency (IEA) of how to achieve this said wind and solar would together need to become the largest source of electricity by 2030

Significantly the record rise in renewable capacity came despite an overall fall in investment compared to the previous year

The world invested $242bn in 2016 (excluding large hydro) 23 less than 2015 and the lowest since 2013 Around $23bn was invested in large hydro down 48

The fall in investment was in large part due to falling costs UNEP said with the average per megawatt cost of solar photovoltaics and wind dropping by more than 10 compared to 2015

copy T

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Indu

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ALL

copy IS

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phot

oim

acoc

onut

The growth in renewables comes despite a fall in investment

wwwiirsmorg | 06170617 | wwwiirsmorg 1514

Membersrsquo Pages Membersrsquo Pages

If you are looking for advice call the health and safety information helpline with your questions on +44 (0)1296 678 465 or email iirsmhelplinealcumusgroupcom for information on any health and safety related topic Here are just a few of your recent queries

QampAsACCIDENT INVESTIGATION DATA

I recently completed an accident investigation involving an agency employee I have received a request from the injured person asking for a copy of all reports and information relating to the accident and investigation including the F2508 I have never had this request directly from an injured person before I appreciate under data protection he may be able to ask for information but I am sure he is looking for a compensation claim Do I have to give him copies of the documentation or can I wait for the claim and accompanying requests for information

Under the Data Protection Act individuals are entitled to copies of data held on them by organisations therefore in our opinion this means that they would be entitled to copies of documents such as accident book entries and RIDDOR (Reporting of Injuries Diseases and Dangerous Occurrences Regulations) forms such as the F2508 relating to their accident

While there isnrsquot anything definitive within health and safety legislation or guidance on this matter the HSErsquos publication Investigating accidents and incidents does recommend that the results of the investigation and action plan should be communicated to everyone who needs to know Visit wwwhsegovukpubnsbookshsg245htm for the document

Therefore this means that while it would be reasonable for the injured person to be informed of the findings and results of the investigation they would not be entitled to copies of all the documents relating to the accident such as accident investigation reports witness statements etc For a more definitive opinion it may be worth contacting the Information Commissionerrsquos Office visit httpsicoorgukglobalcontact-us

DANISH REGULATORS

Can you point me in the direction of the Danish environmental health and safety regulators

Environmental legislation regulations and guidance can be found on the Environmental Protection Agency website

at httpengmstdktopicsindustryenvironmental-inspectiondanish-regulations

The International Labour Organisation provides the contact details for all 109 Countries including Denmark and further details of the Danish Working Environment Authority is at wwwatdk

REACH EXEMPTION REQUESTS

I am looking to extend an exemption request under REACH for use of PXT (lead crystal) in our product which is unique How do I set up an exemption request

According to the HSErsquos REACH exemption certificates section the exemption application process includes

Application contents full name and job title of applicant full company address including

registration number (if applicable) details of sectornature of business

Details of exemption requests nature of request type of exemption (ie class exemption

single exemption) reasons why exemption is required details of asbestos-containing article(s) purpose of exemption (ie loan out

exhibitsale etc) date for exemption to commenceend

(if short term)

Justification and evidence details and justification of need for exemption (to include socioeconomic risk assessment) demonstration in writing of how a high level of protection of human health will be ensured if the application were successful ie risk assessmentmethod statementcompetent personnel involved

Submit application submit application to the HSE by email

reacharticle67exemptionhsegovuk the HSE will send acknowledgement of

receipt of application additional information may be

requested by HSE the HSE will aim to make a decision

within six weeks of receipt of all information required

See wwwhsegovukasbestosexemptionhtm for advice on the application of REACH obligations You can also contact the UK REACH Competent Authorityrsquos national helpdesk by emailing UKREACHCAhsegovuk

DOMESTIC BUILDING WORKS

Can you confirm what duties if any a relative arranging to have some building works done on their house might have under health and safety

As a domestic client they would not be exempt from the duties of clients under CDM but these duties will be transferred from them to the contractor or principal contractor in charge of the works

ACCIDENT RECORDS

Please advise which regulations relate to the keeping of a company accident book Irsquom trying to find out whether there should be one per department or a single central document

The relevant legislation regarding the keeping of an accident book is regulation 25 of the Social Security (Claims and Payments) Regulations 1979 which is concerned with the obligations of employees and this statesldquo(3) Every owner or occupier (being an employer) of any mine or quarry or of any premises to which any of the provisions of the Factories Act 1961 applies and every employer by whom 10 or more persons are normally employed at the same time on or about the same premises in connection with a trade or business carried on by the employer shall subject to the following provisions of this paragraph ndash(a) keep readily accessible a book or books in a form approved by the Secretary of State in which the appropriate particulars (as defined in regulation 24) of any accident causing personal injury to a person employed by the employer may be entered by that person or by some other person acting on his behalf and(b) preserve every such book when it

is filled for the period of three years beginning with the date of the last entry thereinrdquo

This information can be found at wwwlegislationgovukuksi1979628regulation25sldmade

With regards to your second question if an organisation can ensure that the single central accident book they keep meets the above requirement of being lsquoreadily accessiblersquo to all their employees then this should be sufficient

ACCIDENTS OVERSEAS

If an incident happened on an installation off the German coast is it correct that this wouldnrsquot be reportable under the Reporting of Injuries Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR)

You are correct the incident wouldnrsquot be reportable under RIDDOR We suggest you contact the German authorities to check whether it is required to be reported under German legislation

RESPONSIBILITY OF THE BOARD

Where an Association has a President Vice President Secretary Treasurer and Committee followed by Chief Executive and Board who has responsibility for the Health and Safety Policy and signing of Statement of Intent

As there is no legal requirement for a health and safety policy to be signed there is nothing specific within health and safety legislation or guidance regarding this matter However the following information provided by the HSE may be useful

Does the health and safety policy have to be signed and if so by whoIt is lsquohighly recommendedrsquo that it is signed as signing it is like an act of good faith to say that the company will adhere to what is stated Someone as high up in the company as possible for example a director should be the person to sign it

How many people can sign the policy In the leaflet lsquoLeading health and safety at workrsquo it is recommended that a health and safety director is appointed who could sign the policy however there is nothing preventing several people signing

the policy for example three signatures Therefore it could be signed by any or all of the people within the organisation that you mentioned in your enquiry

The HSE publication referred to above can be freely downloaded from wwwhsegovukpubnsindg417pdf

SAFETY FOOTWEAR

One of our employees has presented a doctorrsquos note stating he is unable to wear safety footwear due to an ingrowing toenail I believe that we need to offer alternative footwear and if he still canrsquot wear them then he should be removed from that task Am I right in that he would be exempt

If the employee was unable to wear any suitable safety footwear then he would need to be removed from the task There is no exemption from wearing PPE if the risk assessment indicates that is what is required

FIRST AID KITS

We have a food store a dry store and general store Are we required to provide first aid boxes in each store

It is unclear which country you are based in However within the UK the relevant legislation is the Health and Safety (First-Aid) Regulations 1981 These require you to provide adequate and appropriate first-aid equipment facilities and people so your employees can be given immediate help if they are injured or taken ill at work

What is lsquoadequate and appropriatersquo will depend on the circumstances in your workplace and you should assess what your first aid needs are

The minimum first aid provision on any work site is

a suitably stocked first aid kit an appointed person to take charge of

first aid arrangements information for employees about first

aid arrangements

The following information has been taken from the HSErsquos guidance document to the Health and Safety (First Aid) Regulations 1981

ldquoThe aim of first aid is to reduce the effects of injury or illness suffered at work whether caused by the work itself or not First aid provision must be adequate and appropriate in the circumstancesrdquo

This means that sufficient first-aid equipment facilities and personnel should be available

to give immediate assistance to casualties with both common injuries or illness and those likely to arise from specific hazards at work

to summon an ambulance or other professional help

How much first aid provision an employer must make depends on the circumstances of each workplace There is no fixed level but each employer needs to assess what equipment facilities and personnel are appropriate

L74 First aid at work the Health and Safety (First Aid) Regulations 1981 Approved Code of Practice and Guidance is available at wwwhsegovukpubnspricedl74pdf

Regarding health and safety in other countries some general information about regulatory systems and contact details to the relevant national bodies can be found within the country profiles section at wwwiloorgsafeworkcountrieslang--enindexhtm

Join the conversation The opinion corner is designed to gauge exactly what our members are thinking on current issues in the industry If you have a question you would like us to ask members please email kelliemundelllexisnexiscouk

This month wersquore asking

Are your political preferences influenced by your profession

Have your say visit httpbitly2oV9nBNto join in the discussion

0617 | wwwiirsmorg16

Page 3: Poll positions - IIRSM

wwwiirsmorg | 06170617 | wwwiirsmorg 54

News ProsecutionsNews Prosecutions

DRIVERSrsquo FATIGUE

Croydon tram crash drivers admit to falling asleep on fatal lineTram drivers operating on the Croydon line where seven people were killed last year have admitted falling asleep at the controls amid claims that safeguards meant to prevent accidents do not work

During an investigation four drivers said a safety device known as ldquoa dead manrsquos handlerdquo failed to activate and stop their trams

Following the incident on 9 November 2016 ndash which left seven people dead and 51 injured ndash driver Alfred Dorris 42 was arrested on suspicion of manslaughter and bailed until May Initial investigations found there was no emergency braking and the tram had been travelling at 46mph before it crashed in a 13mph zone near the Sandilands Junction area of Croydon

While an interim report into last yearrsquos crash suggested Dorris may have ldquolost awarenessrdquo his employer Tram Operations Limited (TOL) has insisted that driver fatigue is monitored and the tramrsquos controls were ldquofully functionalrdquo at the time

However three other cases of drivers being incapacitated have also been uncovered with one nearly resulting in a head-on collision

Konrad Turner a retired Croydon driver of 16 years told the BBCrsquos Victoria Derbyshire programme that he had once passed through a stop while sleeping adding that passersby had been ldquovery fortunaterdquo not to be ldquorun overrdquo

He said the safety device which is

supposed to trigger when pressure is relieved from the accelerator did not activate

Others said that they felt unable to express concerns over the mechanismrsquos reliability because it would have forced them to admit falling asleep while driving ndash a sackable offence

Six drivers have so far come forward to criticise the device which they claim is not ldquofit for purposerdquo

Commenting TOL said that passengers were not at risk and that speed checks across the network had been increased since the crash

EQUALITY

Govt to publish workplace dress code guidance following petition

Receptionist was sent home from agency job for wearing flat shoes

New guidance on workplace dress codes will be published by the Government but there will be no changes to the law following a receptionistrsquos petition to make it illegal to require women to wear high heels at work

Nicola Thorp an agency worker at accounting firm PricewaterhouseCoopers was sent home without pay for wearing flat shoes after being told it was her agencyrsquos ldquogrooming policyrdquo for women to wear two- to four-inch heels She pointed out that men were not required to wear similar attire and launched a petition which attracted 152420 signatures

The Government Equalities Office working with Acas the Equality and Human Rights Commission (EHRC) and the Health and Safety Executive (HSE) will publish workplace dress code guidance for employers this summer

In developing the guidance the Government said it would consider controversial dress code requirements including high heels and footwear make-up manicures and hairstyle It will also consider hosiery see-through clothing skirt length and low-fronted or unbuttoned tops

But the Government rejected the petitionrsquos call for a new law saying that ldquoscope for redress already existsrdquo in the Equality Act 2010 which makes it unlawful for an employer to discriminate or harass a person because of or for reasons related to gender

ldquoIn particular the Act prohibits direct sex discriminationrdquo said the Governmentrsquos response adding ldquoWe are clear that a dress code that makes significantly more demands of female employees than of their male colleagues will be unlawful under this provisionrdquo

Maria Miller MP Chair of the Women and Equalities Committee said ldquoEquality legislation is not sufficient to achieve equality in practice This petition and the Committeesrsquo inquiry have reinforced the need for effective enforcement of legislation and for employers and employees to be aware of their obligations and rights

ldquoWe welcome the commitments made by the Government to increasing

awareness of those rights and hope that the next Government will monitor how this changes womenrsquos experiences of the workplacerdquo

Meanwhile a TUC report has found that women in the workforce continue to encounter poorly fitting and uncomfortable PPE with fewer than one in three using protective clothing specifically designed for women

Only 29 told a TUC survey ndash conducted across workers in the emergency services retail and manufacturing engineering and scientific research industries ndash that the PPE they wear at work has been designed with the needs of women in mind

ldquoIrsquom shocked that so many women ndash even those working in frontline emergency services ndash do not have the right protective clothing to do their jobs safelyrdquo said TUC General Secretary Frances OrsquoGrady ldquoBossesrsquo complacency risks serious injury It shouldnrsquot be hard to ensure protective uniforms come in menrsquos and womenrsquos sizesrdquo

HEALTH AND SAFETY EXECUTIVE

HSE launches consultation on FFI disputes process

The HSE has set out its plans to overhaul its Fee for Intervention (FFI) disputes procedure launching a consultation on proposals to appoint an independent panel that would oversee appeals

The scheme was originally launched in October 2012 and allows the executive to recover its costs from those it regulates If an inspector identifies serious health and safety failings in the workplace about which they need to write to the dutyholder then that party has to pay the costs of the visit If they wish to dispute the amount charged or disagree that there has been a material breach they can make

a written ldquoqueryrdquo to the HSEIf the dutyholder is not satisfied with

the response to the query and wishes to escalate the matter then a ldquodisputerdquo can be raised in writing Until now disputes were considered by a panel which consisted of two members from the HSE and one independent person

However following widespread criticism of the process as well as recent proceedings for judicial review (as reported in Health and Safety at Work magazine ndash read the interview at wwwhealthandsafetyatworkcomfee-for-interventionocs-reluctant-campaigners)

the HSE is now consulting on a revised and fully independent process for considering disputes in relation to the scheme and how it should operate

The six-week consultation which closes on 2 June asks six questions about how the new disputes process will operate how to ensure that all sizes of business can use it and how to ensure that the process is proportionate to the fees charged under FFI

Seven people were killed and 51 were injured when a tram in Sandilands Croydon derailed in November last year

The Government rejected calls to change the law

LONE WORKING

South West Water fined pound18m after lone worker drowned

Devon and Cornwallrsquos water supplier South West Water has been ordered to pay almost pound2m after a worker drowned when he fell into a filtration tank

Robert Geach was found floating face down in a sand filtration unit at a South West Water facility at Falmouth Docks on 30 December 2013

Truro Crown Court heard that Geach who was working alone at the time was carrying out a routine task when he slipped and fell into a narrow opening and was then left with no means of escape or way to call for help

The 54 year old was left lying in the tank for four and a half hours until a colleague found him

Prosecutor Sean Brunton told Truro Crown Court that the circumstances were ldquoan accident waiting to happenrdquo and said that South West Water ndash which has an annual turnover in excess of pound500million ndash failed to act on warnings that an employee could fall into the tank and be left without a way to escape

He also made reference to a previous incident where an employee lost his footing and fell into a tank where he remained for an hour until he was rescued

The incident brought to attention the risks associated with this way of working and Brunton said that the problems ldquoshould have been addressedrdquo

During the HSErsquos investigation criticisms were levelled at the lone worker alarm system Despite it being set off at 1653 on the fateful day Geach was not found by his colleague until 1950

In mitigation the company said it accepted responsibility and acknowledged that more should have been done to keep workers safe

It was also pointed out that South West Water had never been convicted of any health and safety breaches before and that drastic steps have since been taken to address the failings that contributed to Geachrsquos death

InBriefWaltham Forest chief joins HSE board to represent councilsThe Department for Work and Pensions has appointed Waltham Forest Council Chief Executive Martin Esom to the HSErsquos non-executive board

Esom has been in post at Waltham Forest since October 2010 having previously been Deputy Chief Executive and Executive Director for Environment and Regeneration

He has served as a board member and trustee at the Chartered Institute of Environmental Health and also holds technical qualifications in health and safety and noise control and an MBA degree

New guide on gender differencesThe TUC has published a new guide for trade union representatives to help them take gender differences between men and women into account when identifying health and safety concerns at work

lsquoGender in occupational health and safetyrsquo says that a gender-stereotyped or lsquoone size fits allrsquo approach to risk assessment is now out of date The new guide which will equally be of benefit to employers outlines some of the main health and safety risks women can face at work such as back pain because of repetitive work

The guide is available at wwwtucorguksitesdefaultfilesGenderHS2017pdf

Hours Robert Geach was left lying in the filtration tank

45

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phot

oso

lidco

lour

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copy R

EXS

hutt

erst

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Invi

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Kent

Med

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Equality legislation is not sufficient to achieve equality in practicerdquo

View the consultation document at wwwhsegovukconsultcondocscd284htm

Worker engagement Worker engagement

Bursting the bubble of compliance

Many working environments are operating within such obstinate bubbles of compliancerdquo

I spend much of my working life influencing managers and leaders to create a safer and more productive

place It has long been my belief that this goal can be achieved by health and safety managers leaders and employees on the techniques methods behaviours and attitudes that we associate with safe practice However in my role as a safety and health leadership professional I see ndash almost on a daily basis ndash stark examples of poor and unsafe practices and working cultures that donrsquot appear to have got the message

This is not to disparage the efforts of health and safety trainers and safety practitioners it is clear that over the last

two decades we have made great progress Nevertheless it is equally clear that in many cases this improvement has levelled off When we see that our efforts can no longer be relied upon to produce sustainable improvements we must ask ourselves some questions How do we explain lack of progress And what can we do differently so that we can engage people in a different and progressive manner

A different angleDuring a conversation with a senior police officer not long after the introduction of speed cameras I asked for his opinion on how the speed camera contributed to road safety I will never forget his reply He

said ldquoSpeed cameras create a bubble of compliancerdquo I found this really interesting He explained that speed cameras influence driver behaviour but only in a well-defined bubble stretching about 50 metres before the camera and 100 metres afterwards When behaviour did change people only briefly complied with the law and it was only because of the threat of sanction

So we have a situation where numerous people only change their behaviour when someone is watching Where health and safety is concerned many working environments are operating within such obstinate bubbles of compliance After all safety is about doing the right thing when no one is looking

Our challenge then is what can we do to pop ndash or at least dramatically expand ndash the boundaries of that bubble How can we influence people to move from compliant behaviour to committed behaviour

The simple answer is better leadership But this seems to me to be too simplistic Whilst few would argue with the assertion that leaders play an important role in establishing and sustaining an environment where safe practice can thrive we also need to recognise that many non-compliant incidents are the result of individual actions based on choices made in the moment when people are not in the bubble of observation and sanction

copy IS

tock

phot

o T

odor

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ikif

or

0617 | wwwiirsmorg wwwiirsmorg | 06176 7

IIRSM Council member Dan Terry explains how to move on from a culture that values task accomplishment to see the true value in relationship building and reduced injuries and ill health

Emotional engagement leadershipLeadership is the capacity to cause in an engagement a personrsquos lsquoFaithrsquo in the organisationsrsquo mission and methods Whereas lsquoBeliefrsquo gives people something to hold onto in a crisis the lsquoFaithrsquo instilled by true leadership giving them the moral courage and dedication to let go of any attitudes beliefs and behaviours that could deter them from their course

Does your communicative style of leadership engage or disengage other peoplersquos emotional investment

Does it promote emotional security and satisfaction

Does it encourage by demonstration self-respect and secure feelings of being respected that arise from social and emotional enjoyment

wwwiirsmorg | 06170617 | wwwiirsmorg

What lies beneathThink back to the speed camera example and analyse your own driving behaviour Does your right foot automatically stray towards the brake pedal when you see a camera Does your right foot quickly move back to the accelerator as soon as you see the camera diminishing in your rear-view mirror If you answered yes you are operating in a bubble of compliance

We all know the law and we also know the potential consequences of speed and unsafe driving but this is only brought to the front of our consciousness when we are inside the lsquobubblersquo we donrsquot moderate our behaviour because we are committed to safe driving ndash we comply with the law only when we are being watched Individuals make choices in the moment and what is in the front of our minds at that moment will influence the choices we make

At the end of the day behaviour comes from what we see or witness But itrsquos what lies beneath the surface that we need to work on in many organisations Our behaviour is constantly being influenced by internal and external stimuli It is estimated that we have about 60000 thoughts a day ndash around 95 of them we have the very next day We are creatures of habit which can be useful at times but not at other

Reinventing the way we do thingsThe world is changing and we have to move with the times ndash regulations

Worker engagement Worker engagement

and procedures have their place but we need to go further to engage staff membersrsquo hearts and minds to really engage them So what can leaders do to increase the likelihood that safety and health is at the front of workersrsquo minds when we make choices lsquoin the momentrsquo By adopting a few simple practices you will go some way to popping the bubble and engendering a committed approach rather than compliant behaviour

We must endeavour to be more relationship focused and engage with all staff at all levels The main challenge is to move on from a culture that values task accomplishment to see the true value in relationship building and reduced incident and ill health This might involve drawing a line in the sand and holding an informal meeting of what needs to happen ndash what you want to happen and attempting to break down the attitudes of the past

Many people think that if something has always been a certain way itrsquoll never change ndash particularly senior management ndash but good behaviour is an indicator of good engagement It is not about being soft as a leader itrsquos about going the extra mile and learning what makes people tick through building rapport and building trust The building of trust within your teams is at the heart of any cultural change journey After all if you go about changing whatrsquos below the surface this will then potentially change whatrsquos visible ndash the behaviour

People need to feel that they are in proportionate control of their

We must endeavour to be more relationship focused and engage with all staff at all levelsrdquo

98

development with less one-upmanship positive peer pressure

Transformative engagement and the invisible leaderThe next time you are tempted to react negatively to a particular situation event or remark stop and consider if there is a better way to respond The attitude we use to respond with will ultimately determine how our character is built The question isnrsquot how can we implement more procedures to get peopleteams to be compliant but rather how can we support the teams we have in finding the best solutions and be more committed How can we strengthen the possibilities of the various team members so that they need the least amount of direction-setting from above

Generally speaking people will engage in something they believe gives meaning to their lives the stronger the sense of meaning the greater the personal stake in the engagement What gives meaning is personal authority over onersquos future and a secure sense of belonging of fellowship contribution personal significance and self-value recognition of onersquos unique individuality being valued by others and pride in onersquos skills and their invaluable contribution to the organisationrsquos mission

Instilling personal pride in promoting a sense of partnership in an enterprise is emotional engagement

So moving from compliance to commitment is an essential process for senior managers managers leaders and personnel in all organisations for a sustainable future especially in our fast paced ever changing work environment letrsquos burst the bubble once and for all

Physical engagement influenceThe meaning of a life of leadership is to awaken in others the meanings of their lives The purpose of engagement is to lead workers to seek find and share meaning in their work by breaking down for themselves any disassociations of the meaning of lsquoworkrsquo from that of lsquolifersquo Such disassociations are lsquodisengagesrsquo they can block engagement in between and across the organisationrsquos upstream downstream and lateral structural components As a leader engager or influencer

does your physical presence your manner with other people tend to engage or disengage commitment from them

Do you make people feel physically secure about engaging with you in fulfilling the organisationrsquos mission How do you know

Do you use the power of your position in the organisation legitimately to encourage or illegitimately to cause fear in others

Are the environmental contexts of the organisation such as workplaces access security welfare ergonomics etc engagingly uplifting or disengagingly depressing The conditions of these contextual boundaries are important aspects of your securing a personrsquos physical engagement

What mistakes do companies make the most when managing their

employees

41cited a lack of

communication between staff and

management

28cited a lack of recognition

and praise

wwwiirsmorg | 06170617 | wwwiirsmorg 1110

Institute NewsInstitute News

United Arab Emirates17 May 2017Symposium and AGM Book wwwiirsmorgeventsuae-branch-symposium-and-agm-17-may-2017

Qatar23 May 2017 | Doha Discussion on HSE Philosophy with Simon Pratt Viv Turner and Mark Stephens plus a training presentation on tower crane safety by Andy WallRegister qatarbranchiirsmorg

North Scotland25 May 2017 | AberdeenldquoYour biggest risk factor ndash people Six ways to manage that riskrdquo by Bill RobbRegister northscotbranchiirsmorg

East Midlands7 June 2017 | Ashby de la ZouchRegister eastmidbranchiirsmorg

Nigeria15 June 2017 Register nigeriabranchyahoocom

United Arab Emirates5 July 2017 Electrical safety best practicestesting inspection and certificationRegister uaebranchiirsmorg

West Midlands13 July 2017 Topics include ten tips drawing from 15 months of sentencing under the health and safety guidelines (Sue Dearden) health and safety within a local authority (Karl Mills) laser safety (Simon Wharmby) and a review of data protection offences and the new GDP Regulations 2018 (Roger Silvers)Register westmidbranchiirsmorg

WEST MIDLANDS BRANCH UPDATE

Inaugural meeting a successIIRSM West Midlands Branch Chair Roger Silvers and Committee Member Andrew Hinton were pleased to welcome those members who attended the inaugural meeting on 23 March 2017 The County Hotel in Walsall provided excellent facilities and good discussions were held between the members

The presentations on sentencing guidelines for health and safety offences and managing health issues in the transport and logistics industry were

well received as well as a detailed presentation given by Sophie Cox (IIRSMrsquos Head of Member Services) on the Institutersquos strategic developments

The next Branch Meeting will be held on 13 July 2017 at the same venue There is a packed agenda and interesting presentations lined up for the event and there will also be time to network

Donrsquot forget to book your place early at wwwiirsmorgbook-a-branch-meeting

UPCOMING BRANCH MEETINGS

Dates for your diary

EAST SCOTLAND BRANCH UPDATE

ldquoHuman error is not rarerdquoEdinburgh University recently played host to a IIRSM Branch meeting for members of the East Scotland Branch Rosie Russell Branch Secretary stood in for Branch Chair Lawrence Green as he is recovering from a hip replacement operation

Rosie gave a presentation on the management of human factors and human error which she developed when she worked for the then Institute for Animal Health now known as the Pirbright Institute following the 2007 foot and mouth outbreak

ldquoNo-one shows up to work planning to make a mistakerdquo she reminded delegates ldquoBut human error is not rarerdquo

The Branch currently requires volunteers to fill the following positions on the Committee

Vice Chair Branch Treasurer Events Co-ordinator Branch Committee Member

The next meeting will be held on 19 July and the topic will be risk and safety management in extreme environments

Members and non-members are welcome and are asked to register their attendance by emailing eastscotbranchiirsmorg

THOUGHT LEADERSHIP

Jack of all trades master of oneSmall and medium sized businesses are booming ndash numerically at least At the start of last year there were a record 55 million private sector businesses in the UK employing nearly 16 million people Yet a breakdown of these figures shows many of these businesses may have been created from post-austerity necessity rather than creative ambition While the number of new SMEs employing staff grew by 14000 there were six times as many operating as sole traders With average wages falling behind inflation and the rise of zero hour employment itrsquos not surprising that many people are discovering their inner entrepreneur and starting out on their own

Itrsquos a courageous decision Running an SME has never been an easy option between 45 ndash 55 of new businesses fail in their first five years and many struggle to grow For every BrewDog craft brewery attracting pound100m from private equity backers there are thousands of small shopkeepers one-or-two man trades and tiny tech start-ups making small incremental profits or just about breaking even

And Brexit throws up new complications Despite 43 of small business owners

voting to leave the European Union nearly a quarter of them now think the subsequent devaluation of the pound has hindered their business and 57 are primarily concerned about the impact of withdrawal on foreign

currency and exchange rates Time-poor and in the face of so many

risks it can be easy for small business owners to lose sight of their advantages While they donrsquot have the resources of larger corporates SMEs are not hindered by involved chains of sign-off and complicated internal bureaucracy Small may not be easy but it can be faster and more responsive

Putting this advantage into practice however can seem like an uphill struggle for a small business owner juggling VAT suppliers and marketing while actually doing the day job with limited time and finite resources

Yet the difference between SMEs that succeed and those that donrsquot is being equipped to know whatrsquos coming and having the tools to manage it Whether itrsquos failing to adapt to evolving customer needs overlooking new export markets or skimping on supplier due diligence most

failure is the result of not knowing how to anticipate identify and manage risk

Mastering the basics of practical risk management allows SMEs to deal with threats and grasp opportunities as an intrinsic part of running their businesses rather than as a box ticking exercise or inconvenient afterthought Knowing whatrsquos around the corner allows small business owners to plan strategically using the

best tools to maximise opportunities and see off threats

We all know the UK has a productivity problem Since 2008 UK productivity has stalled and is at least 6 lower than other G8 economies What is often less well-publicised is that SMEs could have a major role in solving this problem A joint report by Goldman Sachs the Enterprise Research Centre and the British Business Bank identified a critical but underexplored factor to improving UK productivity ndash the ambition of SME owners to grow Just 28 of British firm innovate even less than Serbia The report concludes that education for the UKrsquos small business owners has a vital role to play in realising this pool of untapped productivity

By mastering the techniques and tools to manage the risks and opportunities SME owners could add enormous value to their businesses local communities as well as boosting UK growth

IIRSM TRAINING APPROVAL

wwwiirsmorgIIRSM is a charitable company limited by guarantee registered in England amp Wales

Charity Reg No 1107666 Company Reg No 5310696 VAT No 153 909 104

INTERNATIONAL INSTITUTE OFRISK AND SAFETY MANAGEMENT

IIRSMrsquos Training Approval will set you apart from your competitors by certifying your training meets the standards demanded by industry

For more information and to apply visit wwwiirsmorgapply-training-approval

Use of IIRSMrsquos lsquoApproved Coursersquo

logo on promotional

material

BENEFITS OF APPROVAL INCLUDE An

independent mark of quality

assessed by industry peers

Ability to issue delegate certificates

of attendance baring IIRSMrsquos logo

Are you looking for an independent quality assurance scheme for your training courses

ldquoMastering the basics of practical risk management allows SMEs to deal with threats and grasp opportunitiesrdquo

wwwiirsmorg | 06170617 | wwwiirsmorg 1312

International News International News

JAPAN

Moves to limit overwork culture

A top level government panel has set out a plan to reduce long working hours and ensure equal treatment for regular and non-regular employees in Japan as part of broader labour reforms

The panel headed by Prime Minister Shinzo Abe is calling for a cap on overtime hours and penalties on violators in an action plan based on an agreement between Japanrsquos most powerful business lobby Keidanren and the union federation Rengo

USA

2 dead and 20 injured at Colorado mineTwo workers were killed and 20 others were injured Sunday in a mining accident near the southwestern Colorado town of Ouray

Rory Williams project manager for Star Mine Operations told the newspaper The Ouray Watch that the accident was not related to a cave-in or mine collapse but was apparently a ldquopowder-smoke incidentrdquo and that a release of chemicals in the smoke injured the miners

HAITI

Initiative to improve working conditions for deaf employees

Better Work a collaboration between the International Finance Cooperation (IFC) and the International Labor Organization has joined forces with an innovative foundation to improve factory clinics and boost the quality of life for a group of deaf workers in Haiti

Share Hope is a unique social enterprise that is part foundation and part for-profit business operating in Haiti The foundation works within garment factories to improve the well-being of factory workers while the business supplies retailers with value-added apparel ensuring that the products are made with in its own words ldquothe highest level of social and corporate responsibilityrdquo

The Levi Strauss Foundation has provided funding and support

EUROPE

How ICT will affect the future of OSH

EU-OSHA has published a report under its current foresight activity The project is looking at how changes in information

and communication technologies and work location will affect occupational safety and health (OSH)

Key trends and drivers of change in information and communication technologies and work location presents the results of the first phase of the project and is available at httpbitly2pIhkxP

IRELAND

Worker feared job loss if safety concerns were voiced

A concrete company employee whose co-worker died said he had safety concerns but feared he would lose his job if he voiced them an inquest has heard

Barry Gargan from Piercetown Dunboyne Co Meath was crushed beneath a cleaning arm inside a safety cage containing production machinery at a Kilsaran concrete plant in Meath in September 2011

Witness Chris Bagnall who was operating a control panel outside the cage said he had safety concerns around the production methods for a particular type of concrete kerbing but was afraid to raise the issue according to the Irish Examiner

ldquoI didnrsquot say anything to anyone because I was afraid I would lose my jobrdquo Bagnall said at Dublin Coronerrsquos Court

The company was fined euro1m at the Court of Appeal recently

USA

Whistleblower wins $54m and gets job backBanking giant Wells Fargo has been ordered to pay $54 million to a former manager who said he was fired in 2010 after reporting to his supervisors and to a bank ethics hotline what he suspected was fraudulent behaviour

The bank must also rehire him the Labour Departmentrsquos Occupational Safety and Health Administration (OSHA) said

The $54 million intended to cover back pay compensatory damages and legal fees is the largest individual award ever ordered through OSHArsquos whistle-blower protection programme according to Barbara Goto the agencyrsquos regional administrator in San Francisco

Wells Fargo which is based in San Francisco has been in turmoil since admitting that its employees under pressure to meet aggressive sales goals opened as many two million fraudulent accounts The bank fired at least 5300 employees who were involved and paid $185 million to settle lawsuits

Wells Fargo said it would fight the ruling

CANADA

Insecure work hits mental and physical health

A new survey of nearly 5000 workers in Ontario has revealed that precarious work is bad for workersrsquo mental and physical health

Almost a third of survey respondents cited mental and physical health issues as impacts of precarious work According to the survey results carried out by the Ontario Federation of Labour (OFL) young people (18 to 34 years) precarious workers and women are more likely to experience mental health distress

ldquoWe need to consider the whole picture when it comes to employment instead of just businessesrsquo bottom linerdquo said OFL President Chris Buckley ldquoI think thatrsquos what business critics are missing when we talk about changing the employment laws to make improvements for workers Precarious work makes people sick ndash periodrdquo

Buckley said that this is why the OFL and labour unions across Ontario with

the Fight for $15 and Fairness campaign are determined to make changes to the Employment Standards and Labour Relations Acts to make sure workers donrsquot face the overwhelming stress of long-term precarious employment

ldquoThe government must have the courage to chart a different direction for our economyrdquo said Buckley

QATAR

ILO grants more time to improve human rights record

A UN agency has granted Qatar until November to address allegations of ldquoforced labourrdquo before deciding whether the country should be sanctioned

The International Labor Organization (ILO) decided to continue monitoring Qatar for human rights violations until later this year

When it convenes in a few monthsrsquo time it will revisit whether to open a Commission of Inquiry its highest investigative mechanism

GLOBAL

IndustriALL demonstrates against asbestos on Workersrsquo Memorial DayOn Workerrsquos Memorial Day which took place on 28 April IndustriALL Global Union affiliate trade unions from all corners of the globe demonstrated in Geneva Switzerland demanding an end to the asbestos trade

Around 100 IndustriALL affiliates who were in Geneva for IndustriALLrsquos Executive Committee meeting were joined by representatives from global unions BWI and UNI and the Australian Council of Trade Unions in the demonstration outside the United Nations Trade unions want the Rotterdam Convention a UN treaty to put chrysotile asbestos on its list of hazardous substances to help stop the asbestos trade

The demonstration held a minutersquos silence for those who have died from asbestos exposure and then marched from the UN to the conference centre in Geneva where the eighth conference of the parties to the Rotterdam Convention is currently meeting

The Rotterdam Convention requires that dangerous substances on its list be traded with prior informed consent from importing countries and with full disclosure of their harmful properties However chrysotile asbestos has been repeatedly blocked from being added to the Conventionrsquos list by a handful of countries that profit from the asbestos trade such as Russia and Kazakhstan according to IndustriALL

Global union IndustriALL representatives outside the United Nations in Geneva

GLOBAL

Renewables reach record capacity research reveals

A record level of renewable energy capacity was installed globally last year even though investment in clean energy was 23 lower than in 2015

Research commissioned by the UN found that new investment in renewables excluding large hydro totalled $2416bn the lowest since 2013

However falling costs resulted in a record 1385 gigawatts of wind solar and other renewables being added 8 more than in 2015 This extra capacity ndash which includes wind solar biomass and waste-to-energy geothermal small hydro and marine sources but excludes large hydro ndash is roughly equal to total installed electricity capacity of Canada

This record addition of new renewables capacity accounted for 55 of all new electricity generation capacity of any kind created in 2016 the highest proportion for renewables to date

It means renewables now account for almost 17 of global power capacity up from 15 last year

It also boosted the overall proportion of global electricity coming

from renewable sources from 103 in 2015 to 113 in 2016

Despite the record additions though the renewable share of generation still only inched forwards by one percentage point This is a far slower pace than what will be needed to keep global temperatures well under 2degC as set out in the Paris Agreement

A recent analysis by the International Energy Agency (IEA) of how to achieve this said wind and solar would together need to become the largest source of electricity by 2030

Significantly the record rise in renewable capacity came despite an overall fall in investment compared to the previous year

The world invested $242bn in 2016 (excluding large hydro) 23 less than 2015 and the lowest since 2013 Around $23bn was invested in large hydro down 48

The fall in investment was in large part due to falling costs UNEP said with the average per megawatt cost of solar photovoltaics and wind dropping by more than 10 compared to 2015

copy T

wit

ter

Indu

stri

ALL

copy IS

tock

phot

oim

acoc

onut

The growth in renewables comes despite a fall in investment

wwwiirsmorg | 06170617 | wwwiirsmorg 1514

Membersrsquo Pages Membersrsquo Pages

If you are looking for advice call the health and safety information helpline with your questions on +44 (0)1296 678 465 or email iirsmhelplinealcumusgroupcom for information on any health and safety related topic Here are just a few of your recent queries

QampAsACCIDENT INVESTIGATION DATA

I recently completed an accident investigation involving an agency employee I have received a request from the injured person asking for a copy of all reports and information relating to the accident and investigation including the F2508 I have never had this request directly from an injured person before I appreciate under data protection he may be able to ask for information but I am sure he is looking for a compensation claim Do I have to give him copies of the documentation or can I wait for the claim and accompanying requests for information

Under the Data Protection Act individuals are entitled to copies of data held on them by organisations therefore in our opinion this means that they would be entitled to copies of documents such as accident book entries and RIDDOR (Reporting of Injuries Diseases and Dangerous Occurrences Regulations) forms such as the F2508 relating to their accident

While there isnrsquot anything definitive within health and safety legislation or guidance on this matter the HSErsquos publication Investigating accidents and incidents does recommend that the results of the investigation and action plan should be communicated to everyone who needs to know Visit wwwhsegovukpubnsbookshsg245htm for the document

Therefore this means that while it would be reasonable for the injured person to be informed of the findings and results of the investigation they would not be entitled to copies of all the documents relating to the accident such as accident investigation reports witness statements etc For a more definitive opinion it may be worth contacting the Information Commissionerrsquos Office visit httpsicoorgukglobalcontact-us

DANISH REGULATORS

Can you point me in the direction of the Danish environmental health and safety regulators

Environmental legislation regulations and guidance can be found on the Environmental Protection Agency website

at httpengmstdktopicsindustryenvironmental-inspectiondanish-regulations

The International Labour Organisation provides the contact details for all 109 Countries including Denmark and further details of the Danish Working Environment Authority is at wwwatdk

REACH EXEMPTION REQUESTS

I am looking to extend an exemption request under REACH for use of PXT (lead crystal) in our product which is unique How do I set up an exemption request

According to the HSErsquos REACH exemption certificates section the exemption application process includes

Application contents full name and job title of applicant full company address including

registration number (if applicable) details of sectornature of business

Details of exemption requests nature of request type of exemption (ie class exemption

single exemption) reasons why exemption is required details of asbestos-containing article(s) purpose of exemption (ie loan out

exhibitsale etc) date for exemption to commenceend

(if short term)

Justification and evidence details and justification of need for exemption (to include socioeconomic risk assessment) demonstration in writing of how a high level of protection of human health will be ensured if the application were successful ie risk assessmentmethod statementcompetent personnel involved

Submit application submit application to the HSE by email

reacharticle67exemptionhsegovuk the HSE will send acknowledgement of

receipt of application additional information may be

requested by HSE the HSE will aim to make a decision

within six weeks of receipt of all information required

See wwwhsegovukasbestosexemptionhtm for advice on the application of REACH obligations You can also contact the UK REACH Competent Authorityrsquos national helpdesk by emailing UKREACHCAhsegovuk

DOMESTIC BUILDING WORKS

Can you confirm what duties if any a relative arranging to have some building works done on their house might have under health and safety

As a domestic client they would not be exempt from the duties of clients under CDM but these duties will be transferred from them to the contractor or principal contractor in charge of the works

ACCIDENT RECORDS

Please advise which regulations relate to the keeping of a company accident book Irsquom trying to find out whether there should be one per department or a single central document

The relevant legislation regarding the keeping of an accident book is regulation 25 of the Social Security (Claims and Payments) Regulations 1979 which is concerned with the obligations of employees and this statesldquo(3) Every owner or occupier (being an employer) of any mine or quarry or of any premises to which any of the provisions of the Factories Act 1961 applies and every employer by whom 10 or more persons are normally employed at the same time on or about the same premises in connection with a trade or business carried on by the employer shall subject to the following provisions of this paragraph ndash(a) keep readily accessible a book or books in a form approved by the Secretary of State in which the appropriate particulars (as defined in regulation 24) of any accident causing personal injury to a person employed by the employer may be entered by that person or by some other person acting on his behalf and(b) preserve every such book when it

is filled for the period of three years beginning with the date of the last entry thereinrdquo

This information can be found at wwwlegislationgovukuksi1979628regulation25sldmade

With regards to your second question if an organisation can ensure that the single central accident book they keep meets the above requirement of being lsquoreadily accessiblersquo to all their employees then this should be sufficient

ACCIDENTS OVERSEAS

If an incident happened on an installation off the German coast is it correct that this wouldnrsquot be reportable under the Reporting of Injuries Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR)

You are correct the incident wouldnrsquot be reportable under RIDDOR We suggest you contact the German authorities to check whether it is required to be reported under German legislation

RESPONSIBILITY OF THE BOARD

Where an Association has a President Vice President Secretary Treasurer and Committee followed by Chief Executive and Board who has responsibility for the Health and Safety Policy and signing of Statement of Intent

As there is no legal requirement for a health and safety policy to be signed there is nothing specific within health and safety legislation or guidance regarding this matter However the following information provided by the HSE may be useful

Does the health and safety policy have to be signed and if so by whoIt is lsquohighly recommendedrsquo that it is signed as signing it is like an act of good faith to say that the company will adhere to what is stated Someone as high up in the company as possible for example a director should be the person to sign it

How many people can sign the policy In the leaflet lsquoLeading health and safety at workrsquo it is recommended that a health and safety director is appointed who could sign the policy however there is nothing preventing several people signing

the policy for example three signatures Therefore it could be signed by any or all of the people within the organisation that you mentioned in your enquiry

The HSE publication referred to above can be freely downloaded from wwwhsegovukpubnsindg417pdf

SAFETY FOOTWEAR

One of our employees has presented a doctorrsquos note stating he is unable to wear safety footwear due to an ingrowing toenail I believe that we need to offer alternative footwear and if he still canrsquot wear them then he should be removed from that task Am I right in that he would be exempt

If the employee was unable to wear any suitable safety footwear then he would need to be removed from the task There is no exemption from wearing PPE if the risk assessment indicates that is what is required

FIRST AID KITS

We have a food store a dry store and general store Are we required to provide first aid boxes in each store

It is unclear which country you are based in However within the UK the relevant legislation is the Health and Safety (First-Aid) Regulations 1981 These require you to provide adequate and appropriate first-aid equipment facilities and people so your employees can be given immediate help if they are injured or taken ill at work

What is lsquoadequate and appropriatersquo will depend on the circumstances in your workplace and you should assess what your first aid needs are

The minimum first aid provision on any work site is

a suitably stocked first aid kit an appointed person to take charge of

first aid arrangements information for employees about first

aid arrangements

The following information has been taken from the HSErsquos guidance document to the Health and Safety (First Aid) Regulations 1981

ldquoThe aim of first aid is to reduce the effects of injury or illness suffered at work whether caused by the work itself or not First aid provision must be adequate and appropriate in the circumstancesrdquo

This means that sufficient first-aid equipment facilities and personnel should be available

to give immediate assistance to casualties with both common injuries or illness and those likely to arise from specific hazards at work

to summon an ambulance or other professional help

How much first aid provision an employer must make depends on the circumstances of each workplace There is no fixed level but each employer needs to assess what equipment facilities and personnel are appropriate

L74 First aid at work the Health and Safety (First Aid) Regulations 1981 Approved Code of Practice and Guidance is available at wwwhsegovukpubnspricedl74pdf

Regarding health and safety in other countries some general information about regulatory systems and contact details to the relevant national bodies can be found within the country profiles section at wwwiloorgsafeworkcountrieslang--enindexhtm

Join the conversation The opinion corner is designed to gauge exactly what our members are thinking on current issues in the industry If you have a question you would like us to ask members please email kelliemundelllexisnexiscouk

This month wersquore asking

Are your political preferences influenced by your profession

Have your say visit httpbitly2oV9nBNto join in the discussion

0617 | wwwiirsmorg16

Page 4: Poll positions - IIRSM

Worker engagement Worker engagement

Bursting the bubble of compliance

Many working environments are operating within such obstinate bubbles of compliancerdquo

I spend much of my working life influencing managers and leaders to create a safer and more productive

place It has long been my belief that this goal can be achieved by health and safety managers leaders and employees on the techniques methods behaviours and attitudes that we associate with safe practice However in my role as a safety and health leadership professional I see ndash almost on a daily basis ndash stark examples of poor and unsafe practices and working cultures that donrsquot appear to have got the message

This is not to disparage the efforts of health and safety trainers and safety practitioners it is clear that over the last

two decades we have made great progress Nevertheless it is equally clear that in many cases this improvement has levelled off When we see that our efforts can no longer be relied upon to produce sustainable improvements we must ask ourselves some questions How do we explain lack of progress And what can we do differently so that we can engage people in a different and progressive manner

A different angleDuring a conversation with a senior police officer not long after the introduction of speed cameras I asked for his opinion on how the speed camera contributed to road safety I will never forget his reply He

said ldquoSpeed cameras create a bubble of compliancerdquo I found this really interesting He explained that speed cameras influence driver behaviour but only in a well-defined bubble stretching about 50 metres before the camera and 100 metres afterwards When behaviour did change people only briefly complied with the law and it was only because of the threat of sanction

So we have a situation where numerous people only change their behaviour when someone is watching Where health and safety is concerned many working environments are operating within such obstinate bubbles of compliance After all safety is about doing the right thing when no one is looking

Our challenge then is what can we do to pop ndash or at least dramatically expand ndash the boundaries of that bubble How can we influence people to move from compliant behaviour to committed behaviour

The simple answer is better leadership But this seems to me to be too simplistic Whilst few would argue with the assertion that leaders play an important role in establishing and sustaining an environment where safe practice can thrive we also need to recognise that many non-compliant incidents are the result of individual actions based on choices made in the moment when people are not in the bubble of observation and sanction

copy IS

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phot

o T

odor

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ikif

or

0617 | wwwiirsmorg wwwiirsmorg | 06176 7

IIRSM Council member Dan Terry explains how to move on from a culture that values task accomplishment to see the true value in relationship building and reduced injuries and ill health

Emotional engagement leadershipLeadership is the capacity to cause in an engagement a personrsquos lsquoFaithrsquo in the organisationsrsquo mission and methods Whereas lsquoBeliefrsquo gives people something to hold onto in a crisis the lsquoFaithrsquo instilled by true leadership giving them the moral courage and dedication to let go of any attitudes beliefs and behaviours that could deter them from their course

Does your communicative style of leadership engage or disengage other peoplersquos emotional investment

Does it promote emotional security and satisfaction

Does it encourage by demonstration self-respect and secure feelings of being respected that arise from social and emotional enjoyment

wwwiirsmorg | 06170617 | wwwiirsmorg

What lies beneathThink back to the speed camera example and analyse your own driving behaviour Does your right foot automatically stray towards the brake pedal when you see a camera Does your right foot quickly move back to the accelerator as soon as you see the camera diminishing in your rear-view mirror If you answered yes you are operating in a bubble of compliance

We all know the law and we also know the potential consequences of speed and unsafe driving but this is only brought to the front of our consciousness when we are inside the lsquobubblersquo we donrsquot moderate our behaviour because we are committed to safe driving ndash we comply with the law only when we are being watched Individuals make choices in the moment and what is in the front of our minds at that moment will influence the choices we make

At the end of the day behaviour comes from what we see or witness But itrsquos what lies beneath the surface that we need to work on in many organisations Our behaviour is constantly being influenced by internal and external stimuli It is estimated that we have about 60000 thoughts a day ndash around 95 of them we have the very next day We are creatures of habit which can be useful at times but not at other

Reinventing the way we do thingsThe world is changing and we have to move with the times ndash regulations

Worker engagement Worker engagement

and procedures have their place but we need to go further to engage staff membersrsquo hearts and minds to really engage them So what can leaders do to increase the likelihood that safety and health is at the front of workersrsquo minds when we make choices lsquoin the momentrsquo By adopting a few simple practices you will go some way to popping the bubble and engendering a committed approach rather than compliant behaviour

We must endeavour to be more relationship focused and engage with all staff at all levels The main challenge is to move on from a culture that values task accomplishment to see the true value in relationship building and reduced incident and ill health This might involve drawing a line in the sand and holding an informal meeting of what needs to happen ndash what you want to happen and attempting to break down the attitudes of the past

Many people think that if something has always been a certain way itrsquoll never change ndash particularly senior management ndash but good behaviour is an indicator of good engagement It is not about being soft as a leader itrsquos about going the extra mile and learning what makes people tick through building rapport and building trust The building of trust within your teams is at the heart of any cultural change journey After all if you go about changing whatrsquos below the surface this will then potentially change whatrsquos visible ndash the behaviour

People need to feel that they are in proportionate control of their

We must endeavour to be more relationship focused and engage with all staff at all levelsrdquo

98

development with less one-upmanship positive peer pressure

Transformative engagement and the invisible leaderThe next time you are tempted to react negatively to a particular situation event or remark stop and consider if there is a better way to respond The attitude we use to respond with will ultimately determine how our character is built The question isnrsquot how can we implement more procedures to get peopleteams to be compliant but rather how can we support the teams we have in finding the best solutions and be more committed How can we strengthen the possibilities of the various team members so that they need the least amount of direction-setting from above

Generally speaking people will engage in something they believe gives meaning to their lives the stronger the sense of meaning the greater the personal stake in the engagement What gives meaning is personal authority over onersquos future and a secure sense of belonging of fellowship contribution personal significance and self-value recognition of onersquos unique individuality being valued by others and pride in onersquos skills and their invaluable contribution to the organisationrsquos mission

Instilling personal pride in promoting a sense of partnership in an enterprise is emotional engagement

So moving from compliance to commitment is an essential process for senior managers managers leaders and personnel in all organisations for a sustainable future especially in our fast paced ever changing work environment letrsquos burst the bubble once and for all

Physical engagement influenceThe meaning of a life of leadership is to awaken in others the meanings of their lives The purpose of engagement is to lead workers to seek find and share meaning in their work by breaking down for themselves any disassociations of the meaning of lsquoworkrsquo from that of lsquolifersquo Such disassociations are lsquodisengagesrsquo they can block engagement in between and across the organisationrsquos upstream downstream and lateral structural components As a leader engager or influencer

does your physical presence your manner with other people tend to engage or disengage commitment from them

Do you make people feel physically secure about engaging with you in fulfilling the organisationrsquos mission How do you know

Do you use the power of your position in the organisation legitimately to encourage or illegitimately to cause fear in others

Are the environmental contexts of the organisation such as workplaces access security welfare ergonomics etc engagingly uplifting or disengagingly depressing The conditions of these contextual boundaries are important aspects of your securing a personrsquos physical engagement

What mistakes do companies make the most when managing their

employees

41cited a lack of

communication between staff and

management

28cited a lack of recognition

and praise

wwwiirsmorg | 06170617 | wwwiirsmorg 1110

Institute NewsInstitute News

United Arab Emirates17 May 2017Symposium and AGM Book wwwiirsmorgeventsuae-branch-symposium-and-agm-17-may-2017

Qatar23 May 2017 | Doha Discussion on HSE Philosophy with Simon Pratt Viv Turner and Mark Stephens plus a training presentation on tower crane safety by Andy WallRegister qatarbranchiirsmorg

North Scotland25 May 2017 | AberdeenldquoYour biggest risk factor ndash people Six ways to manage that riskrdquo by Bill RobbRegister northscotbranchiirsmorg

East Midlands7 June 2017 | Ashby de la ZouchRegister eastmidbranchiirsmorg

Nigeria15 June 2017 Register nigeriabranchyahoocom

United Arab Emirates5 July 2017 Electrical safety best practicestesting inspection and certificationRegister uaebranchiirsmorg

West Midlands13 July 2017 Topics include ten tips drawing from 15 months of sentencing under the health and safety guidelines (Sue Dearden) health and safety within a local authority (Karl Mills) laser safety (Simon Wharmby) and a review of data protection offences and the new GDP Regulations 2018 (Roger Silvers)Register westmidbranchiirsmorg

WEST MIDLANDS BRANCH UPDATE

Inaugural meeting a successIIRSM West Midlands Branch Chair Roger Silvers and Committee Member Andrew Hinton were pleased to welcome those members who attended the inaugural meeting on 23 March 2017 The County Hotel in Walsall provided excellent facilities and good discussions were held between the members

The presentations on sentencing guidelines for health and safety offences and managing health issues in the transport and logistics industry were

well received as well as a detailed presentation given by Sophie Cox (IIRSMrsquos Head of Member Services) on the Institutersquos strategic developments

The next Branch Meeting will be held on 13 July 2017 at the same venue There is a packed agenda and interesting presentations lined up for the event and there will also be time to network

Donrsquot forget to book your place early at wwwiirsmorgbook-a-branch-meeting

UPCOMING BRANCH MEETINGS

Dates for your diary

EAST SCOTLAND BRANCH UPDATE

ldquoHuman error is not rarerdquoEdinburgh University recently played host to a IIRSM Branch meeting for members of the East Scotland Branch Rosie Russell Branch Secretary stood in for Branch Chair Lawrence Green as he is recovering from a hip replacement operation

Rosie gave a presentation on the management of human factors and human error which she developed when she worked for the then Institute for Animal Health now known as the Pirbright Institute following the 2007 foot and mouth outbreak

ldquoNo-one shows up to work planning to make a mistakerdquo she reminded delegates ldquoBut human error is not rarerdquo

The Branch currently requires volunteers to fill the following positions on the Committee

Vice Chair Branch Treasurer Events Co-ordinator Branch Committee Member

The next meeting will be held on 19 July and the topic will be risk and safety management in extreme environments

Members and non-members are welcome and are asked to register their attendance by emailing eastscotbranchiirsmorg

THOUGHT LEADERSHIP

Jack of all trades master of oneSmall and medium sized businesses are booming ndash numerically at least At the start of last year there were a record 55 million private sector businesses in the UK employing nearly 16 million people Yet a breakdown of these figures shows many of these businesses may have been created from post-austerity necessity rather than creative ambition While the number of new SMEs employing staff grew by 14000 there were six times as many operating as sole traders With average wages falling behind inflation and the rise of zero hour employment itrsquos not surprising that many people are discovering their inner entrepreneur and starting out on their own

Itrsquos a courageous decision Running an SME has never been an easy option between 45 ndash 55 of new businesses fail in their first five years and many struggle to grow For every BrewDog craft brewery attracting pound100m from private equity backers there are thousands of small shopkeepers one-or-two man trades and tiny tech start-ups making small incremental profits or just about breaking even

And Brexit throws up new complications Despite 43 of small business owners

voting to leave the European Union nearly a quarter of them now think the subsequent devaluation of the pound has hindered their business and 57 are primarily concerned about the impact of withdrawal on foreign

currency and exchange rates Time-poor and in the face of so many

risks it can be easy for small business owners to lose sight of their advantages While they donrsquot have the resources of larger corporates SMEs are not hindered by involved chains of sign-off and complicated internal bureaucracy Small may not be easy but it can be faster and more responsive

Putting this advantage into practice however can seem like an uphill struggle for a small business owner juggling VAT suppliers and marketing while actually doing the day job with limited time and finite resources

Yet the difference between SMEs that succeed and those that donrsquot is being equipped to know whatrsquos coming and having the tools to manage it Whether itrsquos failing to adapt to evolving customer needs overlooking new export markets or skimping on supplier due diligence most

failure is the result of not knowing how to anticipate identify and manage risk

Mastering the basics of practical risk management allows SMEs to deal with threats and grasp opportunities as an intrinsic part of running their businesses rather than as a box ticking exercise or inconvenient afterthought Knowing whatrsquos around the corner allows small business owners to plan strategically using the

best tools to maximise opportunities and see off threats

We all know the UK has a productivity problem Since 2008 UK productivity has stalled and is at least 6 lower than other G8 economies What is often less well-publicised is that SMEs could have a major role in solving this problem A joint report by Goldman Sachs the Enterprise Research Centre and the British Business Bank identified a critical but underexplored factor to improving UK productivity ndash the ambition of SME owners to grow Just 28 of British firm innovate even less than Serbia The report concludes that education for the UKrsquos small business owners has a vital role to play in realising this pool of untapped productivity

By mastering the techniques and tools to manage the risks and opportunities SME owners could add enormous value to their businesses local communities as well as boosting UK growth

IIRSM TRAINING APPROVAL

wwwiirsmorgIIRSM is a charitable company limited by guarantee registered in England amp Wales

Charity Reg No 1107666 Company Reg No 5310696 VAT No 153 909 104

INTERNATIONAL INSTITUTE OFRISK AND SAFETY MANAGEMENT

IIRSMrsquos Training Approval will set you apart from your competitors by certifying your training meets the standards demanded by industry

For more information and to apply visit wwwiirsmorgapply-training-approval

Use of IIRSMrsquos lsquoApproved Coursersquo

logo on promotional

material

BENEFITS OF APPROVAL INCLUDE An

independent mark of quality

assessed by industry peers

Ability to issue delegate certificates

of attendance baring IIRSMrsquos logo

Are you looking for an independent quality assurance scheme for your training courses

ldquoMastering the basics of practical risk management allows SMEs to deal with threats and grasp opportunitiesrdquo

wwwiirsmorg | 06170617 | wwwiirsmorg 1312

International News International News

JAPAN

Moves to limit overwork culture

A top level government panel has set out a plan to reduce long working hours and ensure equal treatment for regular and non-regular employees in Japan as part of broader labour reforms

The panel headed by Prime Minister Shinzo Abe is calling for a cap on overtime hours and penalties on violators in an action plan based on an agreement between Japanrsquos most powerful business lobby Keidanren and the union federation Rengo

USA

2 dead and 20 injured at Colorado mineTwo workers were killed and 20 others were injured Sunday in a mining accident near the southwestern Colorado town of Ouray

Rory Williams project manager for Star Mine Operations told the newspaper The Ouray Watch that the accident was not related to a cave-in or mine collapse but was apparently a ldquopowder-smoke incidentrdquo and that a release of chemicals in the smoke injured the miners

HAITI

Initiative to improve working conditions for deaf employees

Better Work a collaboration between the International Finance Cooperation (IFC) and the International Labor Organization has joined forces with an innovative foundation to improve factory clinics and boost the quality of life for a group of deaf workers in Haiti

Share Hope is a unique social enterprise that is part foundation and part for-profit business operating in Haiti The foundation works within garment factories to improve the well-being of factory workers while the business supplies retailers with value-added apparel ensuring that the products are made with in its own words ldquothe highest level of social and corporate responsibilityrdquo

The Levi Strauss Foundation has provided funding and support

EUROPE

How ICT will affect the future of OSH

EU-OSHA has published a report under its current foresight activity The project is looking at how changes in information

and communication technologies and work location will affect occupational safety and health (OSH)

Key trends and drivers of change in information and communication technologies and work location presents the results of the first phase of the project and is available at httpbitly2pIhkxP

IRELAND

Worker feared job loss if safety concerns were voiced

A concrete company employee whose co-worker died said he had safety concerns but feared he would lose his job if he voiced them an inquest has heard

Barry Gargan from Piercetown Dunboyne Co Meath was crushed beneath a cleaning arm inside a safety cage containing production machinery at a Kilsaran concrete plant in Meath in September 2011

Witness Chris Bagnall who was operating a control panel outside the cage said he had safety concerns around the production methods for a particular type of concrete kerbing but was afraid to raise the issue according to the Irish Examiner

ldquoI didnrsquot say anything to anyone because I was afraid I would lose my jobrdquo Bagnall said at Dublin Coronerrsquos Court

The company was fined euro1m at the Court of Appeal recently

USA

Whistleblower wins $54m and gets job backBanking giant Wells Fargo has been ordered to pay $54 million to a former manager who said he was fired in 2010 after reporting to his supervisors and to a bank ethics hotline what he suspected was fraudulent behaviour

The bank must also rehire him the Labour Departmentrsquos Occupational Safety and Health Administration (OSHA) said

The $54 million intended to cover back pay compensatory damages and legal fees is the largest individual award ever ordered through OSHArsquos whistle-blower protection programme according to Barbara Goto the agencyrsquos regional administrator in San Francisco

Wells Fargo which is based in San Francisco has been in turmoil since admitting that its employees under pressure to meet aggressive sales goals opened as many two million fraudulent accounts The bank fired at least 5300 employees who were involved and paid $185 million to settle lawsuits

Wells Fargo said it would fight the ruling

CANADA

Insecure work hits mental and physical health

A new survey of nearly 5000 workers in Ontario has revealed that precarious work is bad for workersrsquo mental and physical health

Almost a third of survey respondents cited mental and physical health issues as impacts of precarious work According to the survey results carried out by the Ontario Federation of Labour (OFL) young people (18 to 34 years) precarious workers and women are more likely to experience mental health distress

ldquoWe need to consider the whole picture when it comes to employment instead of just businessesrsquo bottom linerdquo said OFL President Chris Buckley ldquoI think thatrsquos what business critics are missing when we talk about changing the employment laws to make improvements for workers Precarious work makes people sick ndash periodrdquo

Buckley said that this is why the OFL and labour unions across Ontario with

the Fight for $15 and Fairness campaign are determined to make changes to the Employment Standards and Labour Relations Acts to make sure workers donrsquot face the overwhelming stress of long-term precarious employment

ldquoThe government must have the courage to chart a different direction for our economyrdquo said Buckley

QATAR

ILO grants more time to improve human rights record

A UN agency has granted Qatar until November to address allegations of ldquoforced labourrdquo before deciding whether the country should be sanctioned

The International Labor Organization (ILO) decided to continue monitoring Qatar for human rights violations until later this year

When it convenes in a few monthsrsquo time it will revisit whether to open a Commission of Inquiry its highest investigative mechanism

GLOBAL

IndustriALL demonstrates against asbestos on Workersrsquo Memorial DayOn Workerrsquos Memorial Day which took place on 28 April IndustriALL Global Union affiliate trade unions from all corners of the globe demonstrated in Geneva Switzerland demanding an end to the asbestos trade

Around 100 IndustriALL affiliates who were in Geneva for IndustriALLrsquos Executive Committee meeting were joined by representatives from global unions BWI and UNI and the Australian Council of Trade Unions in the demonstration outside the United Nations Trade unions want the Rotterdam Convention a UN treaty to put chrysotile asbestos on its list of hazardous substances to help stop the asbestos trade

The demonstration held a minutersquos silence for those who have died from asbestos exposure and then marched from the UN to the conference centre in Geneva where the eighth conference of the parties to the Rotterdam Convention is currently meeting

The Rotterdam Convention requires that dangerous substances on its list be traded with prior informed consent from importing countries and with full disclosure of their harmful properties However chrysotile asbestos has been repeatedly blocked from being added to the Conventionrsquos list by a handful of countries that profit from the asbestos trade such as Russia and Kazakhstan according to IndustriALL

Global union IndustriALL representatives outside the United Nations in Geneva

GLOBAL

Renewables reach record capacity research reveals

A record level of renewable energy capacity was installed globally last year even though investment in clean energy was 23 lower than in 2015

Research commissioned by the UN found that new investment in renewables excluding large hydro totalled $2416bn the lowest since 2013

However falling costs resulted in a record 1385 gigawatts of wind solar and other renewables being added 8 more than in 2015 This extra capacity ndash which includes wind solar biomass and waste-to-energy geothermal small hydro and marine sources but excludes large hydro ndash is roughly equal to total installed electricity capacity of Canada

This record addition of new renewables capacity accounted for 55 of all new electricity generation capacity of any kind created in 2016 the highest proportion for renewables to date

It means renewables now account for almost 17 of global power capacity up from 15 last year

It also boosted the overall proportion of global electricity coming

from renewable sources from 103 in 2015 to 113 in 2016

Despite the record additions though the renewable share of generation still only inched forwards by one percentage point This is a far slower pace than what will be needed to keep global temperatures well under 2degC as set out in the Paris Agreement

A recent analysis by the International Energy Agency (IEA) of how to achieve this said wind and solar would together need to become the largest source of electricity by 2030

Significantly the record rise in renewable capacity came despite an overall fall in investment compared to the previous year

The world invested $242bn in 2016 (excluding large hydro) 23 less than 2015 and the lowest since 2013 Around $23bn was invested in large hydro down 48

The fall in investment was in large part due to falling costs UNEP said with the average per megawatt cost of solar photovoltaics and wind dropping by more than 10 compared to 2015

copy T

wit

ter

Indu

stri

ALL

copy IS

tock

phot

oim

acoc

onut

The growth in renewables comes despite a fall in investment

wwwiirsmorg | 06170617 | wwwiirsmorg 1514

Membersrsquo Pages Membersrsquo Pages

If you are looking for advice call the health and safety information helpline with your questions on +44 (0)1296 678 465 or email iirsmhelplinealcumusgroupcom for information on any health and safety related topic Here are just a few of your recent queries

QampAsACCIDENT INVESTIGATION DATA

I recently completed an accident investigation involving an agency employee I have received a request from the injured person asking for a copy of all reports and information relating to the accident and investigation including the F2508 I have never had this request directly from an injured person before I appreciate under data protection he may be able to ask for information but I am sure he is looking for a compensation claim Do I have to give him copies of the documentation or can I wait for the claim and accompanying requests for information

Under the Data Protection Act individuals are entitled to copies of data held on them by organisations therefore in our opinion this means that they would be entitled to copies of documents such as accident book entries and RIDDOR (Reporting of Injuries Diseases and Dangerous Occurrences Regulations) forms such as the F2508 relating to their accident

While there isnrsquot anything definitive within health and safety legislation or guidance on this matter the HSErsquos publication Investigating accidents and incidents does recommend that the results of the investigation and action plan should be communicated to everyone who needs to know Visit wwwhsegovukpubnsbookshsg245htm for the document

Therefore this means that while it would be reasonable for the injured person to be informed of the findings and results of the investigation they would not be entitled to copies of all the documents relating to the accident such as accident investigation reports witness statements etc For a more definitive opinion it may be worth contacting the Information Commissionerrsquos Office visit httpsicoorgukglobalcontact-us

DANISH REGULATORS

Can you point me in the direction of the Danish environmental health and safety regulators

Environmental legislation regulations and guidance can be found on the Environmental Protection Agency website

at httpengmstdktopicsindustryenvironmental-inspectiondanish-regulations

The International Labour Organisation provides the contact details for all 109 Countries including Denmark and further details of the Danish Working Environment Authority is at wwwatdk

REACH EXEMPTION REQUESTS

I am looking to extend an exemption request under REACH for use of PXT (lead crystal) in our product which is unique How do I set up an exemption request

According to the HSErsquos REACH exemption certificates section the exemption application process includes

Application contents full name and job title of applicant full company address including

registration number (if applicable) details of sectornature of business

Details of exemption requests nature of request type of exemption (ie class exemption

single exemption) reasons why exemption is required details of asbestos-containing article(s) purpose of exemption (ie loan out

exhibitsale etc) date for exemption to commenceend

(if short term)

Justification and evidence details and justification of need for exemption (to include socioeconomic risk assessment) demonstration in writing of how a high level of protection of human health will be ensured if the application were successful ie risk assessmentmethod statementcompetent personnel involved

Submit application submit application to the HSE by email

reacharticle67exemptionhsegovuk the HSE will send acknowledgement of

receipt of application additional information may be

requested by HSE the HSE will aim to make a decision

within six weeks of receipt of all information required

See wwwhsegovukasbestosexemptionhtm for advice on the application of REACH obligations You can also contact the UK REACH Competent Authorityrsquos national helpdesk by emailing UKREACHCAhsegovuk

DOMESTIC BUILDING WORKS

Can you confirm what duties if any a relative arranging to have some building works done on their house might have under health and safety

As a domestic client they would not be exempt from the duties of clients under CDM but these duties will be transferred from them to the contractor or principal contractor in charge of the works

ACCIDENT RECORDS

Please advise which regulations relate to the keeping of a company accident book Irsquom trying to find out whether there should be one per department or a single central document

The relevant legislation regarding the keeping of an accident book is regulation 25 of the Social Security (Claims and Payments) Regulations 1979 which is concerned with the obligations of employees and this statesldquo(3) Every owner or occupier (being an employer) of any mine or quarry or of any premises to which any of the provisions of the Factories Act 1961 applies and every employer by whom 10 or more persons are normally employed at the same time on or about the same premises in connection with a trade or business carried on by the employer shall subject to the following provisions of this paragraph ndash(a) keep readily accessible a book or books in a form approved by the Secretary of State in which the appropriate particulars (as defined in regulation 24) of any accident causing personal injury to a person employed by the employer may be entered by that person or by some other person acting on his behalf and(b) preserve every such book when it

is filled for the period of three years beginning with the date of the last entry thereinrdquo

This information can be found at wwwlegislationgovukuksi1979628regulation25sldmade

With regards to your second question if an organisation can ensure that the single central accident book they keep meets the above requirement of being lsquoreadily accessiblersquo to all their employees then this should be sufficient

ACCIDENTS OVERSEAS

If an incident happened on an installation off the German coast is it correct that this wouldnrsquot be reportable under the Reporting of Injuries Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR)

You are correct the incident wouldnrsquot be reportable under RIDDOR We suggest you contact the German authorities to check whether it is required to be reported under German legislation

RESPONSIBILITY OF THE BOARD

Where an Association has a President Vice President Secretary Treasurer and Committee followed by Chief Executive and Board who has responsibility for the Health and Safety Policy and signing of Statement of Intent

As there is no legal requirement for a health and safety policy to be signed there is nothing specific within health and safety legislation or guidance regarding this matter However the following information provided by the HSE may be useful

Does the health and safety policy have to be signed and if so by whoIt is lsquohighly recommendedrsquo that it is signed as signing it is like an act of good faith to say that the company will adhere to what is stated Someone as high up in the company as possible for example a director should be the person to sign it

How many people can sign the policy In the leaflet lsquoLeading health and safety at workrsquo it is recommended that a health and safety director is appointed who could sign the policy however there is nothing preventing several people signing

the policy for example three signatures Therefore it could be signed by any or all of the people within the organisation that you mentioned in your enquiry

The HSE publication referred to above can be freely downloaded from wwwhsegovukpubnsindg417pdf

SAFETY FOOTWEAR

One of our employees has presented a doctorrsquos note stating he is unable to wear safety footwear due to an ingrowing toenail I believe that we need to offer alternative footwear and if he still canrsquot wear them then he should be removed from that task Am I right in that he would be exempt

If the employee was unable to wear any suitable safety footwear then he would need to be removed from the task There is no exemption from wearing PPE if the risk assessment indicates that is what is required

FIRST AID KITS

We have a food store a dry store and general store Are we required to provide first aid boxes in each store

It is unclear which country you are based in However within the UK the relevant legislation is the Health and Safety (First-Aid) Regulations 1981 These require you to provide adequate and appropriate first-aid equipment facilities and people so your employees can be given immediate help if they are injured or taken ill at work

What is lsquoadequate and appropriatersquo will depend on the circumstances in your workplace and you should assess what your first aid needs are

The minimum first aid provision on any work site is

a suitably stocked first aid kit an appointed person to take charge of

first aid arrangements information for employees about first

aid arrangements

The following information has been taken from the HSErsquos guidance document to the Health and Safety (First Aid) Regulations 1981

ldquoThe aim of first aid is to reduce the effects of injury or illness suffered at work whether caused by the work itself or not First aid provision must be adequate and appropriate in the circumstancesrdquo

This means that sufficient first-aid equipment facilities and personnel should be available

to give immediate assistance to casualties with both common injuries or illness and those likely to arise from specific hazards at work

to summon an ambulance or other professional help

How much first aid provision an employer must make depends on the circumstances of each workplace There is no fixed level but each employer needs to assess what equipment facilities and personnel are appropriate

L74 First aid at work the Health and Safety (First Aid) Regulations 1981 Approved Code of Practice and Guidance is available at wwwhsegovukpubnspricedl74pdf

Regarding health and safety in other countries some general information about regulatory systems and contact details to the relevant national bodies can be found within the country profiles section at wwwiloorgsafeworkcountrieslang--enindexhtm

Join the conversation The opinion corner is designed to gauge exactly what our members are thinking on current issues in the industry If you have a question you would like us to ask members please email kelliemundelllexisnexiscouk

This month wersquore asking

Are your political preferences influenced by your profession

Have your say visit httpbitly2oV9nBNto join in the discussion

0617 | wwwiirsmorg16

Page 5: Poll positions - IIRSM

wwwiirsmorg | 06170617 | wwwiirsmorg

What lies beneathThink back to the speed camera example and analyse your own driving behaviour Does your right foot automatically stray towards the brake pedal when you see a camera Does your right foot quickly move back to the accelerator as soon as you see the camera diminishing in your rear-view mirror If you answered yes you are operating in a bubble of compliance

We all know the law and we also know the potential consequences of speed and unsafe driving but this is only brought to the front of our consciousness when we are inside the lsquobubblersquo we donrsquot moderate our behaviour because we are committed to safe driving ndash we comply with the law only when we are being watched Individuals make choices in the moment and what is in the front of our minds at that moment will influence the choices we make

At the end of the day behaviour comes from what we see or witness But itrsquos what lies beneath the surface that we need to work on in many organisations Our behaviour is constantly being influenced by internal and external stimuli It is estimated that we have about 60000 thoughts a day ndash around 95 of them we have the very next day We are creatures of habit which can be useful at times but not at other

Reinventing the way we do thingsThe world is changing and we have to move with the times ndash regulations

Worker engagement Worker engagement

and procedures have their place but we need to go further to engage staff membersrsquo hearts and minds to really engage them So what can leaders do to increase the likelihood that safety and health is at the front of workersrsquo minds when we make choices lsquoin the momentrsquo By adopting a few simple practices you will go some way to popping the bubble and engendering a committed approach rather than compliant behaviour

We must endeavour to be more relationship focused and engage with all staff at all levels The main challenge is to move on from a culture that values task accomplishment to see the true value in relationship building and reduced incident and ill health This might involve drawing a line in the sand and holding an informal meeting of what needs to happen ndash what you want to happen and attempting to break down the attitudes of the past

Many people think that if something has always been a certain way itrsquoll never change ndash particularly senior management ndash but good behaviour is an indicator of good engagement It is not about being soft as a leader itrsquos about going the extra mile and learning what makes people tick through building rapport and building trust The building of trust within your teams is at the heart of any cultural change journey After all if you go about changing whatrsquos below the surface this will then potentially change whatrsquos visible ndash the behaviour

People need to feel that they are in proportionate control of their

We must endeavour to be more relationship focused and engage with all staff at all levelsrdquo

98

development with less one-upmanship positive peer pressure

Transformative engagement and the invisible leaderThe next time you are tempted to react negatively to a particular situation event or remark stop and consider if there is a better way to respond The attitude we use to respond with will ultimately determine how our character is built The question isnrsquot how can we implement more procedures to get peopleteams to be compliant but rather how can we support the teams we have in finding the best solutions and be more committed How can we strengthen the possibilities of the various team members so that they need the least amount of direction-setting from above

Generally speaking people will engage in something they believe gives meaning to their lives the stronger the sense of meaning the greater the personal stake in the engagement What gives meaning is personal authority over onersquos future and a secure sense of belonging of fellowship contribution personal significance and self-value recognition of onersquos unique individuality being valued by others and pride in onersquos skills and their invaluable contribution to the organisationrsquos mission

Instilling personal pride in promoting a sense of partnership in an enterprise is emotional engagement

So moving from compliance to commitment is an essential process for senior managers managers leaders and personnel in all organisations for a sustainable future especially in our fast paced ever changing work environment letrsquos burst the bubble once and for all

Physical engagement influenceThe meaning of a life of leadership is to awaken in others the meanings of their lives The purpose of engagement is to lead workers to seek find and share meaning in their work by breaking down for themselves any disassociations of the meaning of lsquoworkrsquo from that of lsquolifersquo Such disassociations are lsquodisengagesrsquo they can block engagement in between and across the organisationrsquos upstream downstream and lateral structural components As a leader engager or influencer

does your physical presence your manner with other people tend to engage or disengage commitment from them

Do you make people feel physically secure about engaging with you in fulfilling the organisationrsquos mission How do you know

Do you use the power of your position in the organisation legitimately to encourage or illegitimately to cause fear in others

Are the environmental contexts of the organisation such as workplaces access security welfare ergonomics etc engagingly uplifting or disengagingly depressing The conditions of these contextual boundaries are important aspects of your securing a personrsquos physical engagement

What mistakes do companies make the most when managing their

employees

41cited a lack of

communication between staff and

management

28cited a lack of recognition

and praise

wwwiirsmorg | 06170617 | wwwiirsmorg 1110

Institute NewsInstitute News

United Arab Emirates17 May 2017Symposium and AGM Book wwwiirsmorgeventsuae-branch-symposium-and-agm-17-may-2017

Qatar23 May 2017 | Doha Discussion on HSE Philosophy with Simon Pratt Viv Turner and Mark Stephens plus a training presentation on tower crane safety by Andy WallRegister qatarbranchiirsmorg

North Scotland25 May 2017 | AberdeenldquoYour biggest risk factor ndash people Six ways to manage that riskrdquo by Bill RobbRegister northscotbranchiirsmorg

East Midlands7 June 2017 | Ashby de la ZouchRegister eastmidbranchiirsmorg

Nigeria15 June 2017 Register nigeriabranchyahoocom

United Arab Emirates5 July 2017 Electrical safety best practicestesting inspection and certificationRegister uaebranchiirsmorg

West Midlands13 July 2017 Topics include ten tips drawing from 15 months of sentencing under the health and safety guidelines (Sue Dearden) health and safety within a local authority (Karl Mills) laser safety (Simon Wharmby) and a review of data protection offences and the new GDP Regulations 2018 (Roger Silvers)Register westmidbranchiirsmorg

WEST MIDLANDS BRANCH UPDATE

Inaugural meeting a successIIRSM West Midlands Branch Chair Roger Silvers and Committee Member Andrew Hinton were pleased to welcome those members who attended the inaugural meeting on 23 March 2017 The County Hotel in Walsall provided excellent facilities and good discussions were held between the members

The presentations on sentencing guidelines for health and safety offences and managing health issues in the transport and logistics industry were

well received as well as a detailed presentation given by Sophie Cox (IIRSMrsquos Head of Member Services) on the Institutersquos strategic developments

The next Branch Meeting will be held on 13 July 2017 at the same venue There is a packed agenda and interesting presentations lined up for the event and there will also be time to network

Donrsquot forget to book your place early at wwwiirsmorgbook-a-branch-meeting

UPCOMING BRANCH MEETINGS

Dates for your diary

EAST SCOTLAND BRANCH UPDATE

ldquoHuman error is not rarerdquoEdinburgh University recently played host to a IIRSM Branch meeting for members of the East Scotland Branch Rosie Russell Branch Secretary stood in for Branch Chair Lawrence Green as he is recovering from a hip replacement operation

Rosie gave a presentation on the management of human factors and human error which she developed when she worked for the then Institute for Animal Health now known as the Pirbright Institute following the 2007 foot and mouth outbreak

ldquoNo-one shows up to work planning to make a mistakerdquo she reminded delegates ldquoBut human error is not rarerdquo

The Branch currently requires volunteers to fill the following positions on the Committee

Vice Chair Branch Treasurer Events Co-ordinator Branch Committee Member

The next meeting will be held on 19 July and the topic will be risk and safety management in extreme environments

Members and non-members are welcome and are asked to register their attendance by emailing eastscotbranchiirsmorg

THOUGHT LEADERSHIP

Jack of all trades master of oneSmall and medium sized businesses are booming ndash numerically at least At the start of last year there were a record 55 million private sector businesses in the UK employing nearly 16 million people Yet a breakdown of these figures shows many of these businesses may have been created from post-austerity necessity rather than creative ambition While the number of new SMEs employing staff grew by 14000 there were six times as many operating as sole traders With average wages falling behind inflation and the rise of zero hour employment itrsquos not surprising that many people are discovering their inner entrepreneur and starting out on their own

Itrsquos a courageous decision Running an SME has never been an easy option between 45 ndash 55 of new businesses fail in their first five years and many struggle to grow For every BrewDog craft brewery attracting pound100m from private equity backers there are thousands of small shopkeepers one-or-two man trades and tiny tech start-ups making small incremental profits or just about breaking even

And Brexit throws up new complications Despite 43 of small business owners

voting to leave the European Union nearly a quarter of them now think the subsequent devaluation of the pound has hindered their business and 57 are primarily concerned about the impact of withdrawal on foreign

currency and exchange rates Time-poor and in the face of so many

risks it can be easy for small business owners to lose sight of their advantages While they donrsquot have the resources of larger corporates SMEs are not hindered by involved chains of sign-off and complicated internal bureaucracy Small may not be easy but it can be faster and more responsive

Putting this advantage into practice however can seem like an uphill struggle for a small business owner juggling VAT suppliers and marketing while actually doing the day job with limited time and finite resources

Yet the difference between SMEs that succeed and those that donrsquot is being equipped to know whatrsquos coming and having the tools to manage it Whether itrsquos failing to adapt to evolving customer needs overlooking new export markets or skimping on supplier due diligence most

failure is the result of not knowing how to anticipate identify and manage risk

Mastering the basics of practical risk management allows SMEs to deal with threats and grasp opportunities as an intrinsic part of running their businesses rather than as a box ticking exercise or inconvenient afterthought Knowing whatrsquos around the corner allows small business owners to plan strategically using the

best tools to maximise opportunities and see off threats

We all know the UK has a productivity problem Since 2008 UK productivity has stalled and is at least 6 lower than other G8 economies What is often less well-publicised is that SMEs could have a major role in solving this problem A joint report by Goldman Sachs the Enterprise Research Centre and the British Business Bank identified a critical but underexplored factor to improving UK productivity ndash the ambition of SME owners to grow Just 28 of British firm innovate even less than Serbia The report concludes that education for the UKrsquos small business owners has a vital role to play in realising this pool of untapped productivity

By mastering the techniques and tools to manage the risks and opportunities SME owners could add enormous value to their businesses local communities as well as boosting UK growth

IIRSM TRAINING APPROVAL

wwwiirsmorgIIRSM is a charitable company limited by guarantee registered in England amp Wales

Charity Reg No 1107666 Company Reg No 5310696 VAT No 153 909 104

INTERNATIONAL INSTITUTE OFRISK AND SAFETY MANAGEMENT

IIRSMrsquos Training Approval will set you apart from your competitors by certifying your training meets the standards demanded by industry

For more information and to apply visit wwwiirsmorgapply-training-approval

Use of IIRSMrsquos lsquoApproved Coursersquo

logo on promotional

material

BENEFITS OF APPROVAL INCLUDE An

independent mark of quality

assessed by industry peers

Ability to issue delegate certificates

of attendance baring IIRSMrsquos logo

Are you looking for an independent quality assurance scheme for your training courses

ldquoMastering the basics of practical risk management allows SMEs to deal with threats and grasp opportunitiesrdquo

wwwiirsmorg | 06170617 | wwwiirsmorg 1312

International News International News

JAPAN

Moves to limit overwork culture

A top level government panel has set out a plan to reduce long working hours and ensure equal treatment for regular and non-regular employees in Japan as part of broader labour reforms

The panel headed by Prime Minister Shinzo Abe is calling for a cap on overtime hours and penalties on violators in an action plan based on an agreement between Japanrsquos most powerful business lobby Keidanren and the union federation Rengo

USA

2 dead and 20 injured at Colorado mineTwo workers were killed and 20 others were injured Sunday in a mining accident near the southwestern Colorado town of Ouray

Rory Williams project manager for Star Mine Operations told the newspaper The Ouray Watch that the accident was not related to a cave-in or mine collapse but was apparently a ldquopowder-smoke incidentrdquo and that a release of chemicals in the smoke injured the miners

HAITI

Initiative to improve working conditions for deaf employees

Better Work a collaboration between the International Finance Cooperation (IFC) and the International Labor Organization has joined forces with an innovative foundation to improve factory clinics and boost the quality of life for a group of deaf workers in Haiti

Share Hope is a unique social enterprise that is part foundation and part for-profit business operating in Haiti The foundation works within garment factories to improve the well-being of factory workers while the business supplies retailers with value-added apparel ensuring that the products are made with in its own words ldquothe highest level of social and corporate responsibilityrdquo

The Levi Strauss Foundation has provided funding and support

EUROPE

How ICT will affect the future of OSH

EU-OSHA has published a report under its current foresight activity The project is looking at how changes in information

and communication technologies and work location will affect occupational safety and health (OSH)

Key trends and drivers of change in information and communication technologies and work location presents the results of the first phase of the project and is available at httpbitly2pIhkxP

IRELAND

Worker feared job loss if safety concerns were voiced

A concrete company employee whose co-worker died said he had safety concerns but feared he would lose his job if he voiced them an inquest has heard

Barry Gargan from Piercetown Dunboyne Co Meath was crushed beneath a cleaning arm inside a safety cage containing production machinery at a Kilsaran concrete plant in Meath in September 2011

Witness Chris Bagnall who was operating a control panel outside the cage said he had safety concerns around the production methods for a particular type of concrete kerbing but was afraid to raise the issue according to the Irish Examiner

ldquoI didnrsquot say anything to anyone because I was afraid I would lose my jobrdquo Bagnall said at Dublin Coronerrsquos Court

The company was fined euro1m at the Court of Appeal recently

USA

Whistleblower wins $54m and gets job backBanking giant Wells Fargo has been ordered to pay $54 million to a former manager who said he was fired in 2010 after reporting to his supervisors and to a bank ethics hotline what he suspected was fraudulent behaviour

The bank must also rehire him the Labour Departmentrsquos Occupational Safety and Health Administration (OSHA) said

The $54 million intended to cover back pay compensatory damages and legal fees is the largest individual award ever ordered through OSHArsquos whistle-blower protection programme according to Barbara Goto the agencyrsquos regional administrator in San Francisco

Wells Fargo which is based in San Francisco has been in turmoil since admitting that its employees under pressure to meet aggressive sales goals opened as many two million fraudulent accounts The bank fired at least 5300 employees who were involved and paid $185 million to settle lawsuits

Wells Fargo said it would fight the ruling

CANADA

Insecure work hits mental and physical health

A new survey of nearly 5000 workers in Ontario has revealed that precarious work is bad for workersrsquo mental and physical health

Almost a third of survey respondents cited mental and physical health issues as impacts of precarious work According to the survey results carried out by the Ontario Federation of Labour (OFL) young people (18 to 34 years) precarious workers and women are more likely to experience mental health distress

ldquoWe need to consider the whole picture when it comes to employment instead of just businessesrsquo bottom linerdquo said OFL President Chris Buckley ldquoI think thatrsquos what business critics are missing when we talk about changing the employment laws to make improvements for workers Precarious work makes people sick ndash periodrdquo

Buckley said that this is why the OFL and labour unions across Ontario with

the Fight for $15 and Fairness campaign are determined to make changes to the Employment Standards and Labour Relations Acts to make sure workers donrsquot face the overwhelming stress of long-term precarious employment

ldquoThe government must have the courage to chart a different direction for our economyrdquo said Buckley

QATAR

ILO grants more time to improve human rights record

A UN agency has granted Qatar until November to address allegations of ldquoforced labourrdquo before deciding whether the country should be sanctioned

The International Labor Organization (ILO) decided to continue monitoring Qatar for human rights violations until later this year

When it convenes in a few monthsrsquo time it will revisit whether to open a Commission of Inquiry its highest investigative mechanism

GLOBAL

IndustriALL demonstrates against asbestos on Workersrsquo Memorial DayOn Workerrsquos Memorial Day which took place on 28 April IndustriALL Global Union affiliate trade unions from all corners of the globe demonstrated in Geneva Switzerland demanding an end to the asbestos trade

Around 100 IndustriALL affiliates who were in Geneva for IndustriALLrsquos Executive Committee meeting were joined by representatives from global unions BWI and UNI and the Australian Council of Trade Unions in the demonstration outside the United Nations Trade unions want the Rotterdam Convention a UN treaty to put chrysotile asbestos on its list of hazardous substances to help stop the asbestos trade

The demonstration held a minutersquos silence for those who have died from asbestos exposure and then marched from the UN to the conference centre in Geneva where the eighth conference of the parties to the Rotterdam Convention is currently meeting

The Rotterdam Convention requires that dangerous substances on its list be traded with prior informed consent from importing countries and with full disclosure of their harmful properties However chrysotile asbestos has been repeatedly blocked from being added to the Conventionrsquos list by a handful of countries that profit from the asbestos trade such as Russia and Kazakhstan according to IndustriALL

Global union IndustriALL representatives outside the United Nations in Geneva

GLOBAL

Renewables reach record capacity research reveals

A record level of renewable energy capacity was installed globally last year even though investment in clean energy was 23 lower than in 2015

Research commissioned by the UN found that new investment in renewables excluding large hydro totalled $2416bn the lowest since 2013

However falling costs resulted in a record 1385 gigawatts of wind solar and other renewables being added 8 more than in 2015 This extra capacity ndash which includes wind solar biomass and waste-to-energy geothermal small hydro and marine sources but excludes large hydro ndash is roughly equal to total installed electricity capacity of Canada

This record addition of new renewables capacity accounted for 55 of all new electricity generation capacity of any kind created in 2016 the highest proportion for renewables to date

It means renewables now account for almost 17 of global power capacity up from 15 last year

It also boosted the overall proportion of global electricity coming

from renewable sources from 103 in 2015 to 113 in 2016

Despite the record additions though the renewable share of generation still only inched forwards by one percentage point This is a far slower pace than what will be needed to keep global temperatures well under 2degC as set out in the Paris Agreement

A recent analysis by the International Energy Agency (IEA) of how to achieve this said wind and solar would together need to become the largest source of electricity by 2030

Significantly the record rise in renewable capacity came despite an overall fall in investment compared to the previous year

The world invested $242bn in 2016 (excluding large hydro) 23 less than 2015 and the lowest since 2013 Around $23bn was invested in large hydro down 48

The fall in investment was in large part due to falling costs UNEP said with the average per megawatt cost of solar photovoltaics and wind dropping by more than 10 compared to 2015

copy T

wit

ter

Indu

stri

ALL

copy IS

tock

phot

oim

acoc

onut

The growth in renewables comes despite a fall in investment

wwwiirsmorg | 06170617 | wwwiirsmorg 1514

Membersrsquo Pages Membersrsquo Pages

If you are looking for advice call the health and safety information helpline with your questions on +44 (0)1296 678 465 or email iirsmhelplinealcumusgroupcom for information on any health and safety related topic Here are just a few of your recent queries

QampAsACCIDENT INVESTIGATION DATA

I recently completed an accident investigation involving an agency employee I have received a request from the injured person asking for a copy of all reports and information relating to the accident and investigation including the F2508 I have never had this request directly from an injured person before I appreciate under data protection he may be able to ask for information but I am sure he is looking for a compensation claim Do I have to give him copies of the documentation or can I wait for the claim and accompanying requests for information

Under the Data Protection Act individuals are entitled to copies of data held on them by organisations therefore in our opinion this means that they would be entitled to copies of documents such as accident book entries and RIDDOR (Reporting of Injuries Diseases and Dangerous Occurrences Regulations) forms such as the F2508 relating to their accident

While there isnrsquot anything definitive within health and safety legislation or guidance on this matter the HSErsquos publication Investigating accidents and incidents does recommend that the results of the investigation and action plan should be communicated to everyone who needs to know Visit wwwhsegovukpubnsbookshsg245htm for the document

Therefore this means that while it would be reasonable for the injured person to be informed of the findings and results of the investigation they would not be entitled to copies of all the documents relating to the accident such as accident investigation reports witness statements etc For a more definitive opinion it may be worth contacting the Information Commissionerrsquos Office visit httpsicoorgukglobalcontact-us

DANISH REGULATORS

Can you point me in the direction of the Danish environmental health and safety regulators

Environmental legislation regulations and guidance can be found on the Environmental Protection Agency website

at httpengmstdktopicsindustryenvironmental-inspectiondanish-regulations

The International Labour Organisation provides the contact details for all 109 Countries including Denmark and further details of the Danish Working Environment Authority is at wwwatdk

REACH EXEMPTION REQUESTS

I am looking to extend an exemption request under REACH for use of PXT (lead crystal) in our product which is unique How do I set up an exemption request

According to the HSErsquos REACH exemption certificates section the exemption application process includes

Application contents full name and job title of applicant full company address including

registration number (if applicable) details of sectornature of business

Details of exemption requests nature of request type of exemption (ie class exemption

single exemption) reasons why exemption is required details of asbestos-containing article(s) purpose of exemption (ie loan out

exhibitsale etc) date for exemption to commenceend

(if short term)

Justification and evidence details and justification of need for exemption (to include socioeconomic risk assessment) demonstration in writing of how a high level of protection of human health will be ensured if the application were successful ie risk assessmentmethod statementcompetent personnel involved

Submit application submit application to the HSE by email

reacharticle67exemptionhsegovuk the HSE will send acknowledgement of

receipt of application additional information may be

requested by HSE the HSE will aim to make a decision

within six weeks of receipt of all information required

See wwwhsegovukasbestosexemptionhtm for advice on the application of REACH obligations You can also contact the UK REACH Competent Authorityrsquos national helpdesk by emailing UKREACHCAhsegovuk

DOMESTIC BUILDING WORKS

Can you confirm what duties if any a relative arranging to have some building works done on their house might have under health and safety

As a domestic client they would not be exempt from the duties of clients under CDM but these duties will be transferred from them to the contractor or principal contractor in charge of the works

ACCIDENT RECORDS

Please advise which regulations relate to the keeping of a company accident book Irsquom trying to find out whether there should be one per department or a single central document

The relevant legislation regarding the keeping of an accident book is regulation 25 of the Social Security (Claims and Payments) Regulations 1979 which is concerned with the obligations of employees and this statesldquo(3) Every owner or occupier (being an employer) of any mine or quarry or of any premises to which any of the provisions of the Factories Act 1961 applies and every employer by whom 10 or more persons are normally employed at the same time on or about the same premises in connection with a trade or business carried on by the employer shall subject to the following provisions of this paragraph ndash(a) keep readily accessible a book or books in a form approved by the Secretary of State in which the appropriate particulars (as defined in regulation 24) of any accident causing personal injury to a person employed by the employer may be entered by that person or by some other person acting on his behalf and(b) preserve every such book when it

is filled for the period of three years beginning with the date of the last entry thereinrdquo

This information can be found at wwwlegislationgovukuksi1979628regulation25sldmade

With regards to your second question if an organisation can ensure that the single central accident book they keep meets the above requirement of being lsquoreadily accessiblersquo to all their employees then this should be sufficient

ACCIDENTS OVERSEAS

If an incident happened on an installation off the German coast is it correct that this wouldnrsquot be reportable under the Reporting of Injuries Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR)

You are correct the incident wouldnrsquot be reportable under RIDDOR We suggest you contact the German authorities to check whether it is required to be reported under German legislation

RESPONSIBILITY OF THE BOARD

Where an Association has a President Vice President Secretary Treasurer and Committee followed by Chief Executive and Board who has responsibility for the Health and Safety Policy and signing of Statement of Intent

As there is no legal requirement for a health and safety policy to be signed there is nothing specific within health and safety legislation or guidance regarding this matter However the following information provided by the HSE may be useful

Does the health and safety policy have to be signed and if so by whoIt is lsquohighly recommendedrsquo that it is signed as signing it is like an act of good faith to say that the company will adhere to what is stated Someone as high up in the company as possible for example a director should be the person to sign it

How many people can sign the policy In the leaflet lsquoLeading health and safety at workrsquo it is recommended that a health and safety director is appointed who could sign the policy however there is nothing preventing several people signing

the policy for example three signatures Therefore it could be signed by any or all of the people within the organisation that you mentioned in your enquiry

The HSE publication referred to above can be freely downloaded from wwwhsegovukpubnsindg417pdf

SAFETY FOOTWEAR

One of our employees has presented a doctorrsquos note stating he is unable to wear safety footwear due to an ingrowing toenail I believe that we need to offer alternative footwear and if he still canrsquot wear them then he should be removed from that task Am I right in that he would be exempt

If the employee was unable to wear any suitable safety footwear then he would need to be removed from the task There is no exemption from wearing PPE if the risk assessment indicates that is what is required

FIRST AID KITS

We have a food store a dry store and general store Are we required to provide first aid boxes in each store

It is unclear which country you are based in However within the UK the relevant legislation is the Health and Safety (First-Aid) Regulations 1981 These require you to provide adequate and appropriate first-aid equipment facilities and people so your employees can be given immediate help if they are injured or taken ill at work

What is lsquoadequate and appropriatersquo will depend on the circumstances in your workplace and you should assess what your first aid needs are

The minimum first aid provision on any work site is

a suitably stocked first aid kit an appointed person to take charge of

first aid arrangements information for employees about first

aid arrangements

The following information has been taken from the HSErsquos guidance document to the Health and Safety (First Aid) Regulations 1981

ldquoThe aim of first aid is to reduce the effects of injury or illness suffered at work whether caused by the work itself or not First aid provision must be adequate and appropriate in the circumstancesrdquo

This means that sufficient first-aid equipment facilities and personnel should be available

to give immediate assistance to casualties with both common injuries or illness and those likely to arise from specific hazards at work

to summon an ambulance or other professional help

How much first aid provision an employer must make depends on the circumstances of each workplace There is no fixed level but each employer needs to assess what equipment facilities and personnel are appropriate

L74 First aid at work the Health and Safety (First Aid) Regulations 1981 Approved Code of Practice and Guidance is available at wwwhsegovukpubnspricedl74pdf

Regarding health and safety in other countries some general information about regulatory systems and contact details to the relevant national bodies can be found within the country profiles section at wwwiloorgsafeworkcountrieslang--enindexhtm

Join the conversation The opinion corner is designed to gauge exactly what our members are thinking on current issues in the industry If you have a question you would like us to ask members please email kelliemundelllexisnexiscouk

This month wersquore asking

Are your political preferences influenced by your profession

Have your say visit httpbitly2oV9nBNto join in the discussion

0617 | wwwiirsmorg16

Page 6: Poll positions - IIRSM

wwwiirsmorg | 06170617 | wwwiirsmorg 1110

Institute NewsInstitute News

United Arab Emirates17 May 2017Symposium and AGM Book wwwiirsmorgeventsuae-branch-symposium-and-agm-17-may-2017

Qatar23 May 2017 | Doha Discussion on HSE Philosophy with Simon Pratt Viv Turner and Mark Stephens plus a training presentation on tower crane safety by Andy WallRegister qatarbranchiirsmorg

North Scotland25 May 2017 | AberdeenldquoYour biggest risk factor ndash people Six ways to manage that riskrdquo by Bill RobbRegister northscotbranchiirsmorg

East Midlands7 June 2017 | Ashby de la ZouchRegister eastmidbranchiirsmorg

Nigeria15 June 2017 Register nigeriabranchyahoocom

United Arab Emirates5 July 2017 Electrical safety best practicestesting inspection and certificationRegister uaebranchiirsmorg

West Midlands13 July 2017 Topics include ten tips drawing from 15 months of sentencing under the health and safety guidelines (Sue Dearden) health and safety within a local authority (Karl Mills) laser safety (Simon Wharmby) and a review of data protection offences and the new GDP Regulations 2018 (Roger Silvers)Register westmidbranchiirsmorg

WEST MIDLANDS BRANCH UPDATE

Inaugural meeting a successIIRSM West Midlands Branch Chair Roger Silvers and Committee Member Andrew Hinton were pleased to welcome those members who attended the inaugural meeting on 23 March 2017 The County Hotel in Walsall provided excellent facilities and good discussions were held between the members

The presentations on sentencing guidelines for health and safety offences and managing health issues in the transport and logistics industry were

well received as well as a detailed presentation given by Sophie Cox (IIRSMrsquos Head of Member Services) on the Institutersquos strategic developments

The next Branch Meeting will be held on 13 July 2017 at the same venue There is a packed agenda and interesting presentations lined up for the event and there will also be time to network

Donrsquot forget to book your place early at wwwiirsmorgbook-a-branch-meeting

UPCOMING BRANCH MEETINGS

Dates for your diary

EAST SCOTLAND BRANCH UPDATE

ldquoHuman error is not rarerdquoEdinburgh University recently played host to a IIRSM Branch meeting for members of the East Scotland Branch Rosie Russell Branch Secretary stood in for Branch Chair Lawrence Green as he is recovering from a hip replacement operation

Rosie gave a presentation on the management of human factors and human error which she developed when she worked for the then Institute for Animal Health now known as the Pirbright Institute following the 2007 foot and mouth outbreak

ldquoNo-one shows up to work planning to make a mistakerdquo she reminded delegates ldquoBut human error is not rarerdquo

The Branch currently requires volunteers to fill the following positions on the Committee

Vice Chair Branch Treasurer Events Co-ordinator Branch Committee Member

The next meeting will be held on 19 July and the topic will be risk and safety management in extreme environments

Members and non-members are welcome and are asked to register their attendance by emailing eastscotbranchiirsmorg

THOUGHT LEADERSHIP

Jack of all trades master of oneSmall and medium sized businesses are booming ndash numerically at least At the start of last year there were a record 55 million private sector businesses in the UK employing nearly 16 million people Yet a breakdown of these figures shows many of these businesses may have been created from post-austerity necessity rather than creative ambition While the number of new SMEs employing staff grew by 14000 there were six times as many operating as sole traders With average wages falling behind inflation and the rise of zero hour employment itrsquos not surprising that many people are discovering their inner entrepreneur and starting out on their own

Itrsquos a courageous decision Running an SME has never been an easy option between 45 ndash 55 of new businesses fail in their first five years and many struggle to grow For every BrewDog craft brewery attracting pound100m from private equity backers there are thousands of small shopkeepers one-or-two man trades and tiny tech start-ups making small incremental profits or just about breaking even

And Brexit throws up new complications Despite 43 of small business owners

voting to leave the European Union nearly a quarter of them now think the subsequent devaluation of the pound has hindered their business and 57 are primarily concerned about the impact of withdrawal on foreign

currency and exchange rates Time-poor and in the face of so many

risks it can be easy for small business owners to lose sight of their advantages While they donrsquot have the resources of larger corporates SMEs are not hindered by involved chains of sign-off and complicated internal bureaucracy Small may not be easy but it can be faster and more responsive

Putting this advantage into practice however can seem like an uphill struggle for a small business owner juggling VAT suppliers and marketing while actually doing the day job with limited time and finite resources

Yet the difference between SMEs that succeed and those that donrsquot is being equipped to know whatrsquos coming and having the tools to manage it Whether itrsquos failing to adapt to evolving customer needs overlooking new export markets or skimping on supplier due diligence most

failure is the result of not knowing how to anticipate identify and manage risk

Mastering the basics of practical risk management allows SMEs to deal with threats and grasp opportunities as an intrinsic part of running their businesses rather than as a box ticking exercise or inconvenient afterthought Knowing whatrsquos around the corner allows small business owners to plan strategically using the

best tools to maximise opportunities and see off threats

We all know the UK has a productivity problem Since 2008 UK productivity has stalled and is at least 6 lower than other G8 economies What is often less well-publicised is that SMEs could have a major role in solving this problem A joint report by Goldman Sachs the Enterprise Research Centre and the British Business Bank identified a critical but underexplored factor to improving UK productivity ndash the ambition of SME owners to grow Just 28 of British firm innovate even less than Serbia The report concludes that education for the UKrsquos small business owners has a vital role to play in realising this pool of untapped productivity

By mastering the techniques and tools to manage the risks and opportunities SME owners could add enormous value to their businesses local communities as well as boosting UK growth

IIRSM TRAINING APPROVAL

wwwiirsmorgIIRSM is a charitable company limited by guarantee registered in England amp Wales

Charity Reg No 1107666 Company Reg No 5310696 VAT No 153 909 104

INTERNATIONAL INSTITUTE OFRISK AND SAFETY MANAGEMENT

IIRSMrsquos Training Approval will set you apart from your competitors by certifying your training meets the standards demanded by industry

For more information and to apply visit wwwiirsmorgapply-training-approval

Use of IIRSMrsquos lsquoApproved Coursersquo

logo on promotional

material

BENEFITS OF APPROVAL INCLUDE An

independent mark of quality

assessed by industry peers

Ability to issue delegate certificates

of attendance baring IIRSMrsquos logo

Are you looking for an independent quality assurance scheme for your training courses

ldquoMastering the basics of practical risk management allows SMEs to deal with threats and grasp opportunitiesrdquo

wwwiirsmorg | 06170617 | wwwiirsmorg 1312

International News International News

JAPAN

Moves to limit overwork culture

A top level government panel has set out a plan to reduce long working hours and ensure equal treatment for regular and non-regular employees in Japan as part of broader labour reforms

The panel headed by Prime Minister Shinzo Abe is calling for a cap on overtime hours and penalties on violators in an action plan based on an agreement between Japanrsquos most powerful business lobby Keidanren and the union federation Rengo

USA

2 dead and 20 injured at Colorado mineTwo workers were killed and 20 others were injured Sunday in a mining accident near the southwestern Colorado town of Ouray

Rory Williams project manager for Star Mine Operations told the newspaper The Ouray Watch that the accident was not related to a cave-in or mine collapse but was apparently a ldquopowder-smoke incidentrdquo and that a release of chemicals in the smoke injured the miners

HAITI

Initiative to improve working conditions for deaf employees

Better Work a collaboration between the International Finance Cooperation (IFC) and the International Labor Organization has joined forces with an innovative foundation to improve factory clinics and boost the quality of life for a group of deaf workers in Haiti

Share Hope is a unique social enterprise that is part foundation and part for-profit business operating in Haiti The foundation works within garment factories to improve the well-being of factory workers while the business supplies retailers with value-added apparel ensuring that the products are made with in its own words ldquothe highest level of social and corporate responsibilityrdquo

The Levi Strauss Foundation has provided funding and support

EUROPE

How ICT will affect the future of OSH

EU-OSHA has published a report under its current foresight activity The project is looking at how changes in information

and communication technologies and work location will affect occupational safety and health (OSH)

Key trends and drivers of change in information and communication technologies and work location presents the results of the first phase of the project and is available at httpbitly2pIhkxP

IRELAND

Worker feared job loss if safety concerns were voiced

A concrete company employee whose co-worker died said he had safety concerns but feared he would lose his job if he voiced them an inquest has heard

Barry Gargan from Piercetown Dunboyne Co Meath was crushed beneath a cleaning arm inside a safety cage containing production machinery at a Kilsaran concrete plant in Meath in September 2011

Witness Chris Bagnall who was operating a control panel outside the cage said he had safety concerns around the production methods for a particular type of concrete kerbing but was afraid to raise the issue according to the Irish Examiner

ldquoI didnrsquot say anything to anyone because I was afraid I would lose my jobrdquo Bagnall said at Dublin Coronerrsquos Court

The company was fined euro1m at the Court of Appeal recently

USA

Whistleblower wins $54m and gets job backBanking giant Wells Fargo has been ordered to pay $54 million to a former manager who said he was fired in 2010 after reporting to his supervisors and to a bank ethics hotline what he suspected was fraudulent behaviour

The bank must also rehire him the Labour Departmentrsquos Occupational Safety and Health Administration (OSHA) said

The $54 million intended to cover back pay compensatory damages and legal fees is the largest individual award ever ordered through OSHArsquos whistle-blower protection programme according to Barbara Goto the agencyrsquos regional administrator in San Francisco

Wells Fargo which is based in San Francisco has been in turmoil since admitting that its employees under pressure to meet aggressive sales goals opened as many two million fraudulent accounts The bank fired at least 5300 employees who were involved and paid $185 million to settle lawsuits

Wells Fargo said it would fight the ruling

CANADA

Insecure work hits mental and physical health

A new survey of nearly 5000 workers in Ontario has revealed that precarious work is bad for workersrsquo mental and physical health

Almost a third of survey respondents cited mental and physical health issues as impacts of precarious work According to the survey results carried out by the Ontario Federation of Labour (OFL) young people (18 to 34 years) precarious workers and women are more likely to experience mental health distress

ldquoWe need to consider the whole picture when it comes to employment instead of just businessesrsquo bottom linerdquo said OFL President Chris Buckley ldquoI think thatrsquos what business critics are missing when we talk about changing the employment laws to make improvements for workers Precarious work makes people sick ndash periodrdquo

Buckley said that this is why the OFL and labour unions across Ontario with

the Fight for $15 and Fairness campaign are determined to make changes to the Employment Standards and Labour Relations Acts to make sure workers donrsquot face the overwhelming stress of long-term precarious employment

ldquoThe government must have the courage to chart a different direction for our economyrdquo said Buckley

QATAR

ILO grants more time to improve human rights record

A UN agency has granted Qatar until November to address allegations of ldquoforced labourrdquo before deciding whether the country should be sanctioned

The International Labor Organization (ILO) decided to continue monitoring Qatar for human rights violations until later this year

When it convenes in a few monthsrsquo time it will revisit whether to open a Commission of Inquiry its highest investigative mechanism

GLOBAL

IndustriALL demonstrates against asbestos on Workersrsquo Memorial DayOn Workerrsquos Memorial Day which took place on 28 April IndustriALL Global Union affiliate trade unions from all corners of the globe demonstrated in Geneva Switzerland demanding an end to the asbestos trade

Around 100 IndustriALL affiliates who were in Geneva for IndustriALLrsquos Executive Committee meeting were joined by representatives from global unions BWI and UNI and the Australian Council of Trade Unions in the demonstration outside the United Nations Trade unions want the Rotterdam Convention a UN treaty to put chrysotile asbestos on its list of hazardous substances to help stop the asbestos trade

The demonstration held a minutersquos silence for those who have died from asbestos exposure and then marched from the UN to the conference centre in Geneva where the eighth conference of the parties to the Rotterdam Convention is currently meeting

The Rotterdam Convention requires that dangerous substances on its list be traded with prior informed consent from importing countries and with full disclosure of their harmful properties However chrysotile asbestos has been repeatedly blocked from being added to the Conventionrsquos list by a handful of countries that profit from the asbestos trade such as Russia and Kazakhstan according to IndustriALL

Global union IndustriALL representatives outside the United Nations in Geneva

GLOBAL

Renewables reach record capacity research reveals

A record level of renewable energy capacity was installed globally last year even though investment in clean energy was 23 lower than in 2015

Research commissioned by the UN found that new investment in renewables excluding large hydro totalled $2416bn the lowest since 2013

However falling costs resulted in a record 1385 gigawatts of wind solar and other renewables being added 8 more than in 2015 This extra capacity ndash which includes wind solar biomass and waste-to-energy geothermal small hydro and marine sources but excludes large hydro ndash is roughly equal to total installed electricity capacity of Canada

This record addition of new renewables capacity accounted for 55 of all new electricity generation capacity of any kind created in 2016 the highest proportion for renewables to date

It means renewables now account for almost 17 of global power capacity up from 15 last year

It also boosted the overall proportion of global electricity coming

from renewable sources from 103 in 2015 to 113 in 2016

Despite the record additions though the renewable share of generation still only inched forwards by one percentage point This is a far slower pace than what will be needed to keep global temperatures well under 2degC as set out in the Paris Agreement

A recent analysis by the International Energy Agency (IEA) of how to achieve this said wind and solar would together need to become the largest source of electricity by 2030

Significantly the record rise in renewable capacity came despite an overall fall in investment compared to the previous year

The world invested $242bn in 2016 (excluding large hydro) 23 less than 2015 and the lowest since 2013 Around $23bn was invested in large hydro down 48

The fall in investment was in large part due to falling costs UNEP said with the average per megawatt cost of solar photovoltaics and wind dropping by more than 10 compared to 2015

copy T

wit

ter

Indu

stri

ALL

copy IS

tock

phot

oim

acoc

onut

The growth in renewables comes despite a fall in investment

wwwiirsmorg | 06170617 | wwwiirsmorg 1514

Membersrsquo Pages Membersrsquo Pages

If you are looking for advice call the health and safety information helpline with your questions on +44 (0)1296 678 465 or email iirsmhelplinealcumusgroupcom for information on any health and safety related topic Here are just a few of your recent queries

QampAsACCIDENT INVESTIGATION DATA

I recently completed an accident investigation involving an agency employee I have received a request from the injured person asking for a copy of all reports and information relating to the accident and investigation including the F2508 I have never had this request directly from an injured person before I appreciate under data protection he may be able to ask for information but I am sure he is looking for a compensation claim Do I have to give him copies of the documentation or can I wait for the claim and accompanying requests for information

Under the Data Protection Act individuals are entitled to copies of data held on them by organisations therefore in our opinion this means that they would be entitled to copies of documents such as accident book entries and RIDDOR (Reporting of Injuries Diseases and Dangerous Occurrences Regulations) forms such as the F2508 relating to their accident

While there isnrsquot anything definitive within health and safety legislation or guidance on this matter the HSErsquos publication Investigating accidents and incidents does recommend that the results of the investigation and action plan should be communicated to everyone who needs to know Visit wwwhsegovukpubnsbookshsg245htm for the document

Therefore this means that while it would be reasonable for the injured person to be informed of the findings and results of the investigation they would not be entitled to copies of all the documents relating to the accident such as accident investigation reports witness statements etc For a more definitive opinion it may be worth contacting the Information Commissionerrsquos Office visit httpsicoorgukglobalcontact-us

DANISH REGULATORS

Can you point me in the direction of the Danish environmental health and safety regulators

Environmental legislation regulations and guidance can be found on the Environmental Protection Agency website

at httpengmstdktopicsindustryenvironmental-inspectiondanish-regulations

The International Labour Organisation provides the contact details for all 109 Countries including Denmark and further details of the Danish Working Environment Authority is at wwwatdk

REACH EXEMPTION REQUESTS

I am looking to extend an exemption request under REACH for use of PXT (lead crystal) in our product which is unique How do I set up an exemption request

According to the HSErsquos REACH exemption certificates section the exemption application process includes

Application contents full name and job title of applicant full company address including

registration number (if applicable) details of sectornature of business

Details of exemption requests nature of request type of exemption (ie class exemption

single exemption) reasons why exemption is required details of asbestos-containing article(s) purpose of exemption (ie loan out

exhibitsale etc) date for exemption to commenceend

(if short term)

Justification and evidence details and justification of need for exemption (to include socioeconomic risk assessment) demonstration in writing of how a high level of protection of human health will be ensured if the application were successful ie risk assessmentmethod statementcompetent personnel involved

Submit application submit application to the HSE by email

reacharticle67exemptionhsegovuk the HSE will send acknowledgement of

receipt of application additional information may be

requested by HSE the HSE will aim to make a decision

within six weeks of receipt of all information required

See wwwhsegovukasbestosexemptionhtm for advice on the application of REACH obligations You can also contact the UK REACH Competent Authorityrsquos national helpdesk by emailing UKREACHCAhsegovuk

DOMESTIC BUILDING WORKS

Can you confirm what duties if any a relative arranging to have some building works done on their house might have under health and safety

As a domestic client they would not be exempt from the duties of clients under CDM but these duties will be transferred from them to the contractor or principal contractor in charge of the works

ACCIDENT RECORDS

Please advise which regulations relate to the keeping of a company accident book Irsquom trying to find out whether there should be one per department or a single central document

The relevant legislation regarding the keeping of an accident book is regulation 25 of the Social Security (Claims and Payments) Regulations 1979 which is concerned with the obligations of employees and this statesldquo(3) Every owner or occupier (being an employer) of any mine or quarry or of any premises to which any of the provisions of the Factories Act 1961 applies and every employer by whom 10 or more persons are normally employed at the same time on or about the same premises in connection with a trade or business carried on by the employer shall subject to the following provisions of this paragraph ndash(a) keep readily accessible a book or books in a form approved by the Secretary of State in which the appropriate particulars (as defined in regulation 24) of any accident causing personal injury to a person employed by the employer may be entered by that person or by some other person acting on his behalf and(b) preserve every such book when it

is filled for the period of three years beginning with the date of the last entry thereinrdquo

This information can be found at wwwlegislationgovukuksi1979628regulation25sldmade

With regards to your second question if an organisation can ensure that the single central accident book they keep meets the above requirement of being lsquoreadily accessiblersquo to all their employees then this should be sufficient

ACCIDENTS OVERSEAS

If an incident happened on an installation off the German coast is it correct that this wouldnrsquot be reportable under the Reporting of Injuries Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR)

You are correct the incident wouldnrsquot be reportable under RIDDOR We suggest you contact the German authorities to check whether it is required to be reported under German legislation

RESPONSIBILITY OF THE BOARD

Where an Association has a President Vice President Secretary Treasurer and Committee followed by Chief Executive and Board who has responsibility for the Health and Safety Policy and signing of Statement of Intent

As there is no legal requirement for a health and safety policy to be signed there is nothing specific within health and safety legislation or guidance regarding this matter However the following information provided by the HSE may be useful

Does the health and safety policy have to be signed and if so by whoIt is lsquohighly recommendedrsquo that it is signed as signing it is like an act of good faith to say that the company will adhere to what is stated Someone as high up in the company as possible for example a director should be the person to sign it

How many people can sign the policy In the leaflet lsquoLeading health and safety at workrsquo it is recommended that a health and safety director is appointed who could sign the policy however there is nothing preventing several people signing

the policy for example three signatures Therefore it could be signed by any or all of the people within the organisation that you mentioned in your enquiry

The HSE publication referred to above can be freely downloaded from wwwhsegovukpubnsindg417pdf

SAFETY FOOTWEAR

One of our employees has presented a doctorrsquos note stating he is unable to wear safety footwear due to an ingrowing toenail I believe that we need to offer alternative footwear and if he still canrsquot wear them then he should be removed from that task Am I right in that he would be exempt

If the employee was unable to wear any suitable safety footwear then he would need to be removed from the task There is no exemption from wearing PPE if the risk assessment indicates that is what is required

FIRST AID KITS

We have a food store a dry store and general store Are we required to provide first aid boxes in each store

It is unclear which country you are based in However within the UK the relevant legislation is the Health and Safety (First-Aid) Regulations 1981 These require you to provide adequate and appropriate first-aid equipment facilities and people so your employees can be given immediate help if they are injured or taken ill at work

What is lsquoadequate and appropriatersquo will depend on the circumstances in your workplace and you should assess what your first aid needs are

The minimum first aid provision on any work site is

a suitably stocked first aid kit an appointed person to take charge of

first aid arrangements information for employees about first

aid arrangements

The following information has been taken from the HSErsquos guidance document to the Health and Safety (First Aid) Regulations 1981

ldquoThe aim of first aid is to reduce the effects of injury or illness suffered at work whether caused by the work itself or not First aid provision must be adequate and appropriate in the circumstancesrdquo

This means that sufficient first-aid equipment facilities and personnel should be available

to give immediate assistance to casualties with both common injuries or illness and those likely to arise from specific hazards at work

to summon an ambulance or other professional help

How much first aid provision an employer must make depends on the circumstances of each workplace There is no fixed level but each employer needs to assess what equipment facilities and personnel are appropriate

L74 First aid at work the Health and Safety (First Aid) Regulations 1981 Approved Code of Practice and Guidance is available at wwwhsegovukpubnspricedl74pdf

Regarding health and safety in other countries some general information about regulatory systems and contact details to the relevant national bodies can be found within the country profiles section at wwwiloorgsafeworkcountrieslang--enindexhtm

Join the conversation The opinion corner is designed to gauge exactly what our members are thinking on current issues in the industry If you have a question you would like us to ask members please email kelliemundelllexisnexiscouk

This month wersquore asking

Are your political preferences influenced by your profession

Have your say visit httpbitly2oV9nBNto join in the discussion

0617 | wwwiirsmorg16

Page 7: Poll positions - IIRSM

wwwiirsmorg | 06170617 | wwwiirsmorg 1312

International News International News

JAPAN

Moves to limit overwork culture

A top level government panel has set out a plan to reduce long working hours and ensure equal treatment for regular and non-regular employees in Japan as part of broader labour reforms

The panel headed by Prime Minister Shinzo Abe is calling for a cap on overtime hours and penalties on violators in an action plan based on an agreement between Japanrsquos most powerful business lobby Keidanren and the union federation Rengo

USA

2 dead and 20 injured at Colorado mineTwo workers were killed and 20 others were injured Sunday in a mining accident near the southwestern Colorado town of Ouray

Rory Williams project manager for Star Mine Operations told the newspaper The Ouray Watch that the accident was not related to a cave-in or mine collapse but was apparently a ldquopowder-smoke incidentrdquo and that a release of chemicals in the smoke injured the miners

HAITI

Initiative to improve working conditions for deaf employees

Better Work a collaboration between the International Finance Cooperation (IFC) and the International Labor Organization has joined forces with an innovative foundation to improve factory clinics and boost the quality of life for a group of deaf workers in Haiti

Share Hope is a unique social enterprise that is part foundation and part for-profit business operating in Haiti The foundation works within garment factories to improve the well-being of factory workers while the business supplies retailers with value-added apparel ensuring that the products are made with in its own words ldquothe highest level of social and corporate responsibilityrdquo

The Levi Strauss Foundation has provided funding and support

EUROPE

How ICT will affect the future of OSH

EU-OSHA has published a report under its current foresight activity The project is looking at how changes in information

and communication technologies and work location will affect occupational safety and health (OSH)

Key trends and drivers of change in information and communication technologies and work location presents the results of the first phase of the project and is available at httpbitly2pIhkxP

IRELAND

Worker feared job loss if safety concerns were voiced

A concrete company employee whose co-worker died said he had safety concerns but feared he would lose his job if he voiced them an inquest has heard

Barry Gargan from Piercetown Dunboyne Co Meath was crushed beneath a cleaning arm inside a safety cage containing production machinery at a Kilsaran concrete plant in Meath in September 2011

Witness Chris Bagnall who was operating a control panel outside the cage said he had safety concerns around the production methods for a particular type of concrete kerbing but was afraid to raise the issue according to the Irish Examiner

ldquoI didnrsquot say anything to anyone because I was afraid I would lose my jobrdquo Bagnall said at Dublin Coronerrsquos Court

The company was fined euro1m at the Court of Appeal recently

USA

Whistleblower wins $54m and gets job backBanking giant Wells Fargo has been ordered to pay $54 million to a former manager who said he was fired in 2010 after reporting to his supervisors and to a bank ethics hotline what he suspected was fraudulent behaviour

The bank must also rehire him the Labour Departmentrsquos Occupational Safety and Health Administration (OSHA) said

The $54 million intended to cover back pay compensatory damages and legal fees is the largest individual award ever ordered through OSHArsquos whistle-blower protection programme according to Barbara Goto the agencyrsquos regional administrator in San Francisco

Wells Fargo which is based in San Francisco has been in turmoil since admitting that its employees under pressure to meet aggressive sales goals opened as many two million fraudulent accounts The bank fired at least 5300 employees who were involved and paid $185 million to settle lawsuits

Wells Fargo said it would fight the ruling

CANADA

Insecure work hits mental and physical health

A new survey of nearly 5000 workers in Ontario has revealed that precarious work is bad for workersrsquo mental and physical health

Almost a third of survey respondents cited mental and physical health issues as impacts of precarious work According to the survey results carried out by the Ontario Federation of Labour (OFL) young people (18 to 34 years) precarious workers and women are more likely to experience mental health distress

ldquoWe need to consider the whole picture when it comes to employment instead of just businessesrsquo bottom linerdquo said OFL President Chris Buckley ldquoI think thatrsquos what business critics are missing when we talk about changing the employment laws to make improvements for workers Precarious work makes people sick ndash periodrdquo

Buckley said that this is why the OFL and labour unions across Ontario with

the Fight for $15 and Fairness campaign are determined to make changes to the Employment Standards and Labour Relations Acts to make sure workers donrsquot face the overwhelming stress of long-term precarious employment

ldquoThe government must have the courage to chart a different direction for our economyrdquo said Buckley

QATAR

ILO grants more time to improve human rights record

A UN agency has granted Qatar until November to address allegations of ldquoforced labourrdquo before deciding whether the country should be sanctioned

The International Labor Organization (ILO) decided to continue monitoring Qatar for human rights violations until later this year

When it convenes in a few monthsrsquo time it will revisit whether to open a Commission of Inquiry its highest investigative mechanism

GLOBAL

IndustriALL demonstrates against asbestos on Workersrsquo Memorial DayOn Workerrsquos Memorial Day which took place on 28 April IndustriALL Global Union affiliate trade unions from all corners of the globe demonstrated in Geneva Switzerland demanding an end to the asbestos trade

Around 100 IndustriALL affiliates who were in Geneva for IndustriALLrsquos Executive Committee meeting were joined by representatives from global unions BWI and UNI and the Australian Council of Trade Unions in the demonstration outside the United Nations Trade unions want the Rotterdam Convention a UN treaty to put chrysotile asbestos on its list of hazardous substances to help stop the asbestos trade

The demonstration held a minutersquos silence for those who have died from asbestos exposure and then marched from the UN to the conference centre in Geneva where the eighth conference of the parties to the Rotterdam Convention is currently meeting

The Rotterdam Convention requires that dangerous substances on its list be traded with prior informed consent from importing countries and with full disclosure of their harmful properties However chrysotile asbestos has been repeatedly blocked from being added to the Conventionrsquos list by a handful of countries that profit from the asbestos trade such as Russia and Kazakhstan according to IndustriALL

Global union IndustriALL representatives outside the United Nations in Geneva

GLOBAL

Renewables reach record capacity research reveals

A record level of renewable energy capacity was installed globally last year even though investment in clean energy was 23 lower than in 2015

Research commissioned by the UN found that new investment in renewables excluding large hydro totalled $2416bn the lowest since 2013

However falling costs resulted in a record 1385 gigawatts of wind solar and other renewables being added 8 more than in 2015 This extra capacity ndash which includes wind solar biomass and waste-to-energy geothermal small hydro and marine sources but excludes large hydro ndash is roughly equal to total installed electricity capacity of Canada

This record addition of new renewables capacity accounted for 55 of all new electricity generation capacity of any kind created in 2016 the highest proportion for renewables to date

It means renewables now account for almost 17 of global power capacity up from 15 last year

It also boosted the overall proportion of global electricity coming

from renewable sources from 103 in 2015 to 113 in 2016

Despite the record additions though the renewable share of generation still only inched forwards by one percentage point This is a far slower pace than what will be needed to keep global temperatures well under 2degC as set out in the Paris Agreement

A recent analysis by the International Energy Agency (IEA) of how to achieve this said wind and solar would together need to become the largest source of electricity by 2030

Significantly the record rise in renewable capacity came despite an overall fall in investment compared to the previous year

The world invested $242bn in 2016 (excluding large hydro) 23 less than 2015 and the lowest since 2013 Around $23bn was invested in large hydro down 48

The fall in investment was in large part due to falling costs UNEP said with the average per megawatt cost of solar photovoltaics and wind dropping by more than 10 compared to 2015

copy T

wit

ter

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The growth in renewables comes despite a fall in investment

wwwiirsmorg | 06170617 | wwwiirsmorg 1514

Membersrsquo Pages Membersrsquo Pages

If you are looking for advice call the health and safety information helpline with your questions on +44 (0)1296 678 465 or email iirsmhelplinealcumusgroupcom for information on any health and safety related topic Here are just a few of your recent queries

QampAsACCIDENT INVESTIGATION DATA

I recently completed an accident investigation involving an agency employee I have received a request from the injured person asking for a copy of all reports and information relating to the accident and investigation including the F2508 I have never had this request directly from an injured person before I appreciate under data protection he may be able to ask for information but I am sure he is looking for a compensation claim Do I have to give him copies of the documentation or can I wait for the claim and accompanying requests for information

Under the Data Protection Act individuals are entitled to copies of data held on them by organisations therefore in our opinion this means that they would be entitled to copies of documents such as accident book entries and RIDDOR (Reporting of Injuries Diseases and Dangerous Occurrences Regulations) forms such as the F2508 relating to their accident

While there isnrsquot anything definitive within health and safety legislation or guidance on this matter the HSErsquos publication Investigating accidents and incidents does recommend that the results of the investigation and action plan should be communicated to everyone who needs to know Visit wwwhsegovukpubnsbookshsg245htm for the document

Therefore this means that while it would be reasonable for the injured person to be informed of the findings and results of the investigation they would not be entitled to copies of all the documents relating to the accident such as accident investigation reports witness statements etc For a more definitive opinion it may be worth contacting the Information Commissionerrsquos Office visit httpsicoorgukglobalcontact-us

DANISH REGULATORS

Can you point me in the direction of the Danish environmental health and safety regulators

Environmental legislation regulations and guidance can be found on the Environmental Protection Agency website

at httpengmstdktopicsindustryenvironmental-inspectiondanish-regulations

The International Labour Organisation provides the contact details for all 109 Countries including Denmark and further details of the Danish Working Environment Authority is at wwwatdk

REACH EXEMPTION REQUESTS

I am looking to extend an exemption request under REACH for use of PXT (lead crystal) in our product which is unique How do I set up an exemption request

According to the HSErsquos REACH exemption certificates section the exemption application process includes

Application contents full name and job title of applicant full company address including

registration number (if applicable) details of sectornature of business

Details of exemption requests nature of request type of exemption (ie class exemption

single exemption) reasons why exemption is required details of asbestos-containing article(s) purpose of exemption (ie loan out

exhibitsale etc) date for exemption to commenceend

(if short term)

Justification and evidence details and justification of need for exemption (to include socioeconomic risk assessment) demonstration in writing of how a high level of protection of human health will be ensured if the application were successful ie risk assessmentmethod statementcompetent personnel involved

Submit application submit application to the HSE by email

reacharticle67exemptionhsegovuk the HSE will send acknowledgement of

receipt of application additional information may be

requested by HSE the HSE will aim to make a decision

within six weeks of receipt of all information required

See wwwhsegovukasbestosexemptionhtm for advice on the application of REACH obligations You can also contact the UK REACH Competent Authorityrsquos national helpdesk by emailing UKREACHCAhsegovuk

DOMESTIC BUILDING WORKS

Can you confirm what duties if any a relative arranging to have some building works done on their house might have under health and safety

As a domestic client they would not be exempt from the duties of clients under CDM but these duties will be transferred from them to the contractor or principal contractor in charge of the works

ACCIDENT RECORDS

Please advise which regulations relate to the keeping of a company accident book Irsquom trying to find out whether there should be one per department or a single central document

The relevant legislation regarding the keeping of an accident book is regulation 25 of the Social Security (Claims and Payments) Regulations 1979 which is concerned with the obligations of employees and this statesldquo(3) Every owner or occupier (being an employer) of any mine or quarry or of any premises to which any of the provisions of the Factories Act 1961 applies and every employer by whom 10 or more persons are normally employed at the same time on or about the same premises in connection with a trade or business carried on by the employer shall subject to the following provisions of this paragraph ndash(a) keep readily accessible a book or books in a form approved by the Secretary of State in which the appropriate particulars (as defined in regulation 24) of any accident causing personal injury to a person employed by the employer may be entered by that person or by some other person acting on his behalf and(b) preserve every such book when it

is filled for the period of three years beginning with the date of the last entry thereinrdquo

This information can be found at wwwlegislationgovukuksi1979628regulation25sldmade

With regards to your second question if an organisation can ensure that the single central accident book they keep meets the above requirement of being lsquoreadily accessiblersquo to all their employees then this should be sufficient

ACCIDENTS OVERSEAS

If an incident happened on an installation off the German coast is it correct that this wouldnrsquot be reportable under the Reporting of Injuries Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR)

You are correct the incident wouldnrsquot be reportable under RIDDOR We suggest you contact the German authorities to check whether it is required to be reported under German legislation

RESPONSIBILITY OF THE BOARD

Where an Association has a President Vice President Secretary Treasurer and Committee followed by Chief Executive and Board who has responsibility for the Health and Safety Policy and signing of Statement of Intent

As there is no legal requirement for a health and safety policy to be signed there is nothing specific within health and safety legislation or guidance regarding this matter However the following information provided by the HSE may be useful

Does the health and safety policy have to be signed and if so by whoIt is lsquohighly recommendedrsquo that it is signed as signing it is like an act of good faith to say that the company will adhere to what is stated Someone as high up in the company as possible for example a director should be the person to sign it

How many people can sign the policy In the leaflet lsquoLeading health and safety at workrsquo it is recommended that a health and safety director is appointed who could sign the policy however there is nothing preventing several people signing

the policy for example three signatures Therefore it could be signed by any or all of the people within the organisation that you mentioned in your enquiry

The HSE publication referred to above can be freely downloaded from wwwhsegovukpubnsindg417pdf

SAFETY FOOTWEAR

One of our employees has presented a doctorrsquos note stating he is unable to wear safety footwear due to an ingrowing toenail I believe that we need to offer alternative footwear and if he still canrsquot wear them then he should be removed from that task Am I right in that he would be exempt

If the employee was unable to wear any suitable safety footwear then he would need to be removed from the task There is no exemption from wearing PPE if the risk assessment indicates that is what is required

FIRST AID KITS

We have a food store a dry store and general store Are we required to provide first aid boxes in each store

It is unclear which country you are based in However within the UK the relevant legislation is the Health and Safety (First-Aid) Regulations 1981 These require you to provide adequate and appropriate first-aid equipment facilities and people so your employees can be given immediate help if they are injured or taken ill at work

What is lsquoadequate and appropriatersquo will depend on the circumstances in your workplace and you should assess what your first aid needs are

The minimum first aid provision on any work site is

a suitably stocked first aid kit an appointed person to take charge of

first aid arrangements information for employees about first

aid arrangements

The following information has been taken from the HSErsquos guidance document to the Health and Safety (First Aid) Regulations 1981

ldquoThe aim of first aid is to reduce the effects of injury or illness suffered at work whether caused by the work itself or not First aid provision must be adequate and appropriate in the circumstancesrdquo

This means that sufficient first-aid equipment facilities and personnel should be available

to give immediate assistance to casualties with both common injuries or illness and those likely to arise from specific hazards at work

to summon an ambulance or other professional help

How much first aid provision an employer must make depends on the circumstances of each workplace There is no fixed level but each employer needs to assess what equipment facilities and personnel are appropriate

L74 First aid at work the Health and Safety (First Aid) Regulations 1981 Approved Code of Practice and Guidance is available at wwwhsegovukpubnspricedl74pdf

Regarding health and safety in other countries some general information about regulatory systems and contact details to the relevant national bodies can be found within the country profiles section at wwwiloorgsafeworkcountrieslang--enindexhtm

Join the conversation The opinion corner is designed to gauge exactly what our members are thinking on current issues in the industry If you have a question you would like us to ask members please email kelliemundelllexisnexiscouk

This month wersquore asking

Are your political preferences influenced by your profession

Have your say visit httpbitly2oV9nBNto join in the discussion

0617 | wwwiirsmorg16

Page 8: Poll positions - IIRSM

wwwiirsmorg | 06170617 | wwwiirsmorg 1514

Membersrsquo Pages Membersrsquo Pages

If you are looking for advice call the health and safety information helpline with your questions on +44 (0)1296 678 465 or email iirsmhelplinealcumusgroupcom for information on any health and safety related topic Here are just a few of your recent queries

QampAsACCIDENT INVESTIGATION DATA

I recently completed an accident investigation involving an agency employee I have received a request from the injured person asking for a copy of all reports and information relating to the accident and investigation including the F2508 I have never had this request directly from an injured person before I appreciate under data protection he may be able to ask for information but I am sure he is looking for a compensation claim Do I have to give him copies of the documentation or can I wait for the claim and accompanying requests for information

Under the Data Protection Act individuals are entitled to copies of data held on them by organisations therefore in our opinion this means that they would be entitled to copies of documents such as accident book entries and RIDDOR (Reporting of Injuries Diseases and Dangerous Occurrences Regulations) forms such as the F2508 relating to their accident

While there isnrsquot anything definitive within health and safety legislation or guidance on this matter the HSErsquos publication Investigating accidents and incidents does recommend that the results of the investigation and action plan should be communicated to everyone who needs to know Visit wwwhsegovukpubnsbookshsg245htm for the document

Therefore this means that while it would be reasonable for the injured person to be informed of the findings and results of the investigation they would not be entitled to copies of all the documents relating to the accident such as accident investigation reports witness statements etc For a more definitive opinion it may be worth contacting the Information Commissionerrsquos Office visit httpsicoorgukglobalcontact-us

DANISH REGULATORS

Can you point me in the direction of the Danish environmental health and safety regulators

Environmental legislation regulations and guidance can be found on the Environmental Protection Agency website

at httpengmstdktopicsindustryenvironmental-inspectiondanish-regulations

The International Labour Organisation provides the contact details for all 109 Countries including Denmark and further details of the Danish Working Environment Authority is at wwwatdk

REACH EXEMPTION REQUESTS

I am looking to extend an exemption request under REACH for use of PXT (lead crystal) in our product which is unique How do I set up an exemption request

According to the HSErsquos REACH exemption certificates section the exemption application process includes

Application contents full name and job title of applicant full company address including

registration number (if applicable) details of sectornature of business

Details of exemption requests nature of request type of exemption (ie class exemption

single exemption) reasons why exemption is required details of asbestos-containing article(s) purpose of exemption (ie loan out

exhibitsale etc) date for exemption to commenceend

(if short term)

Justification and evidence details and justification of need for exemption (to include socioeconomic risk assessment) demonstration in writing of how a high level of protection of human health will be ensured if the application were successful ie risk assessmentmethod statementcompetent personnel involved

Submit application submit application to the HSE by email

reacharticle67exemptionhsegovuk the HSE will send acknowledgement of

receipt of application additional information may be

requested by HSE the HSE will aim to make a decision

within six weeks of receipt of all information required

See wwwhsegovukasbestosexemptionhtm for advice on the application of REACH obligations You can also contact the UK REACH Competent Authorityrsquos national helpdesk by emailing UKREACHCAhsegovuk

DOMESTIC BUILDING WORKS

Can you confirm what duties if any a relative arranging to have some building works done on their house might have under health and safety

As a domestic client they would not be exempt from the duties of clients under CDM but these duties will be transferred from them to the contractor or principal contractor in charge of the works

ACCIDENT RECORDS

Please advise which regulations relate to the keeping of a company accident book Irsquom trying to find out whether there should be one per department or a single central document

The relevant legislation regarding the keeping of an accident book is regulation 25 of the Social Security (Claims and Payments) Regulations 1979 which is concerned with the obligations of employees and this statesldquo(3) Every owner or occupier (being an employer) of any mine or quarry or of any premises to which any of the provisions of the Factories Act 1961 applies and every employer by whom 10 or more persons are normally employed at the same time on or about the same premises in connection with a trade or business carried on by the employer shall subject to the following provisions of this paragraph ndash(a) keep readily accessible a book or books in a form approved by the Secretary of State in which the appropriate particulars (as defined in regulation 24) of any accident causing personal injury to a person employed by the employer may be entered by that person or by some other person acting on his behalf and(b) preserve every such book when it

is filled for the period of three years beginning with the date of the last entry thereinrdquo

This information can be found at wwwlegislationgovukuksi1979628regulation25sldmade

With regards to your second question if an organisation can ensure that the single central accident book they keep meets the above requirement of being lsquoreadily accessiblersquo to all their employees then this should be sufficient

ACCIDENTS OVERSEAS

If an incident happened on an installation off the German coast is it correct that this wouldnrsquot be reportable under the Reporting of Injuries Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR)

You are correct the incident wouldnrsquot be reportable under RIDDOR We suggest you contact the German authorities to check whether it is required to be reported under German legislation

RESPONSIBILITY OF THE BOARD

Where an Association has a President Vice President Secretary Treasurer and Committee followed by Chief Executive and Board who has responsibility for the Health and Safety Policy and signing of Statement of Intent

As there is no legal requirement for a health and safety policy to be signed there is nothing specific within health and safety legislation or guidance regarding this matter However the following information provided by the HSE may be useful

Does the health and safety policy have to be signed and if so by whoIt is lsquohighly recommendedrsquo that it is signed as signing it is like an act of good faith to say that the company will adhere to what is stated Someone as high up in the company as possible for example a director should be the person to sign it

How many people can sign the policy In the leaflet lsquoLeading health and safety at workrsquo it is recommended that a health and safety director is appointed who could sign the policy however there is nothing preventing several people signing

the policy for example three signatures Therefore it could be signed by any or all of the people within the organisation that you mentioned in your enquiry

The HSE publication referred to above can be freely downloaded from wwwhsegovukpubnsindg417pdf

SAFETY FOOTWEAR

One of our employees has presented a doctorrsquos note stating he is unable to wear safety footwear due to an ingrowing toenail I believe that we need to offer alternative footwear and if he still canrsquot wear them then he should be removed from that task Am I right in that he would be exempt

If the employee was unable to wear any suitable safety footwear then he would need to be removed from the task There is no exemption from wearing PPE if the risk assessment indicates that is what is required

FIRST AID KITS

We have a food store a dry store and general store Are we required to provide first aid boxes in each store

It is unclear which country you are based in However within the UK the relevant legislation is the Health and Safety (First-Aid) Regulations 1981 These require you to provide adequate and appropriate first-aid equipment facilities and people so your employees can be given immediate help if they are injured or taken ill at work

What is lsquoadequate and appropriatersquo will depend on the circumstances in your workplace and you should assess what your first aid needs are

The minimum first aid provision on any work site is

a suitably stocked first aid kit an appointed person to take charge of

first aid arrangements information for employees about first

aid arrangements

The following information has been taken from the HSErsquos guidance document to the Health and Safety (First Aid) Regulations 1981

ldquoThe aim of first aid is to reduce the effects of injury or illness suffered at work whether caused by the work itself or not First aid provision must be adequate and appropriate in the circumstancesrdquo

This means that sufficient first-aid equipment facilities and personnel should be available

to give immediate assistance to casualties with both common injuries or illness and those likely to arise from specific hazards at work

to summon an ambulance or other professional help

How much first aid provision an employer must make depends on the circumstances of each workplace There is no fixed level but each employer needs to assess what equipment facilities and personnel are appropriate

L74 First aid at work the Health and Safety (First Aid) Regulations 1981 Approved Code of Practice and Guidance is available at wwwhsegovukpubnspricedl74pdf

Regarding health and safety in other countries some general information about regulatory systems and contact details to the relevant national bodies can be found within the country profiles section at wwwiloorgsafeworkcountrieslang--enindexhtm

Join the conversation The opinion corner is designed to gauge exactly what our members are thinking on current issues in the industry If you have a question you would like us to ask members please email kelliemundelllexisnexiscouk

This month wersquore asking

Are your political preferences influenced by your profession

Have your say visit httpbitly2oV9nBNto join in the discussion

0617 | wwwiirsmorg16

Page 9: Poll positions - IIRSM

0617 | wwwiirsmorg16