www.thomascarroll.co.uk

A new survey of tradespeople commissioned by HSE has revealed that many are ignorant of the risks posed by asbestos.

In one of the most worrying findings of the survey, 14% of respondents believed that drinking a glass of water would help protect them from the deadly dust, while 27% thought that opening a window would help keep them safe.

Equally concerning, only 30% were able to identify all the correct measures for safe asbestos working, and 57% made at least one potentially lethal mistake in trying to identify how to stay safe.

The findings raise serious concerns, especially in light of the fact that tradespeople, including construction workers, carpenters, painters and

decorators, could come into contact with the deadly asbestos on average more than 100 times a year.

HSE figures reveal that 20 tradespeople, on average, die every week from asbestos-related diseases.

The lethal microscopic fibres of asbestos have been linked to lung disease and cancer.

The material can be found in walls and ceilings, or the structure of a building, as well as a host of other places like floor tiles, boilers, toilet cisterns, guttering and soffits. Even basic maintenance work such as drilling holes and sanding can disturb it.

In a drive to raise awareness of the dangers faced by the 1.3 million tradespeople at risk, HSE has launched a new safety campaign to improve preparations for dealing with asbestos. These include a new app for phones, tablets and laptops to help tradespeople identify potential areas of contact with the material and advice on dealing with the risks.

To download the app, visit www.beware-asbestos.info/news

Risky Business at a Glance

Shocking Ignorance of Asbestos

New Health and Safety Regulations

Changes to Employment Law

Unique Employment Tribunal Service Launched for Employers

National Stress Awareness Day

Myth Busters

Frequently Asked Questions

Health, Safety and Employment Law Training Courses

In Court

Shocking Ignorance of Asbestos

Figures reveal that 20 tradespeople die every week from asbestos-related diseases.

For further information on Asbestos Awareness training courses available from Thomas Carroll, please contact Victoria Vaughan on 029 2085 3752 or at victoria.vaughan@thomas-carroll.o.uk

Wales’ First Health, Safety and Employment Law Consultancy to be awarded BS: OHSAS 18001*

03ISSUE

2014

Changes to Employment LawNew Health and Safety Regulations

EXPLOSIVES

The Explosives Regulations 2014 (ER 2014) came into force on October 1st.

ER 2014 consolidates and revokes a number of existing explosives regulations. It brings together the requirements of health and safety related explosives legislation into a framework based around common topics such as authorisation, safety, security and placing on the market.

As a result of the consolidation, the Approved Code of Practice to the Manufacture and Storage of Explosives Regulations 2005 (L139) has been withdrawn.

Guidance relating to the security of explosives (HSE Circular 1/2005), and guidance on the placing of civil use explosives on the market (L66) have also been withdrawn.

For further guidance, please visit http://www.hse.gov.uk/pubns/priced/l150.pdf

SAFE USE OF ACETYLENE

The Acetylene Safety Regulations 2014 (ASR 2014) came into force on October 1st.

ASR 2014 has taken the current fragmented legislative regime and put the same requirements into a single set of regulations, which regulate the manufacture, importation, sale, use and transportation of liquid, solid and compressed acetylene gas.

For further information on working safely with acetylene visit

http://www.hse.gov.uk/pubns/indg327.htm

STORING PETROL SAFELY

The Petroleum (Consolidation) Regulations 2014 (PCR 2014) came into force on October 1st.

The new regulations combine, update and replace all previous legislation on petrol storage and apply to workplaces that store petrol where petrol is dispensed. They also cover non-workplace premises storing petrol, such as private homes or clubs and associations.

New guidance on portable petrol storage containers giving practical advice on the design, construction, materials and marking or labelling of containers, is available at http://www.hse.gov.uk/fireandexplosion/ portable-petrol-storage-containers.pdf

We have launched our new No Win No Fee* Employment Tribunal Service, designed specifically for employers.

Building on our employment team’s reputation for innovation over many years, the new service aims to provide financial certainty to employers for whom the average cost of defending themselves at a Tribunal is £8,500. The maximum award made by the Employment Tribunal last year was £387,472.

Our cost guarantee service applies to any of the following claims:

• unfair dismissal • wrongful dismissal • discrimination (race, sex, disability, religion

or belief; sexual orientation, age) • deductions from wages

We will review any case and provide a free, no obligation assessment of the likelihood of success.

If we win the case, we will only charge for our time at our normal hourly rate. However, if you lose the case, you pay us nothing.

Kevin Price, Managing Director said: “We recognise that the uncertainty associated with defending an Employment Tribunal can have a detrimental impact on organisations. Our aim with the launch of our No Win No Fee service is to provide employers with peace of mind at what is already a very difficult time.”

For further information, contact Victoria Vaughan on 029 2085 3752 or at victoria.vaughan@thomas-carroll.co.uk *subject to terms and conditions

Unique Employment Tribunal Service Launched for Employers

A number of significant changes to employment law came into force on October 1st, including:

PARENTAL LEAVE

Expectant fathers and partners of pregnant women, may take time off work to attend two antenatal appointments with the expectant mother.

UNFAIR DISMISSAL

Employees are exempted from the two year qualifying period for making unfair dismissal claims, where the reason or principal reason for dismissal is the employee’s reservist service.

This is an additional exemption from the already long list of exceptions to the two year qualifying rule for unfair dismissal.

There is also provision for the Secretary of State to make payments to small and medium-sized employers of reservists who are called out for service.

NATIONAL MINIMUM WAGE

The National Minimum Wage will increase to the following rates:

• Employees aged 21 and over will be entitled to £6.50 per hour

• 18-20 year olds will be entitled to £5.13 per hour

• 16-17 year olds will be entitled to £3.79 per hour • Apprentices will be entitled to £2.73 per hour

EQUAL PAY

Employment Tribunals will have the power to order employers found to be in breach of equal pay law under the Equality Act 2010 (i.e. those who have lost an equal pay claim brought on or after 1st October 2014) to carry out equal pay audits.

The audit will have to identify any differences in pay between men and women and the reasons for these, as well as those for any equal pay breach and how the employer plans to avoid further breaches in the future.

The employer will be required to publish the relevant gender pay information and make it available on its website for at least three years – therefore making it available to competitors, customers and potential job applicants.

For further information, please contact employment@thomas-carroll.co.uk

A number of significant changes to health and safety law came into force on October 1st, including:

Thomas Carroll

Risky Business

2

Health and Safety Training Courses

• Accident Reporting and Investigation • Asbestos Awareness • CDM Awareness • Confined Space Entry • Conflict Management • COSHH Awareness • Developing Method Statements • Display Screen Equipment Risk Assessment • Directing Safely • Employee Safety Awareness • Event Management • Fire Warden • Fire Safety Awareness • Health and Safety Awareness for Line Managers • Health and Safety Awareness

for Trade Apprentices • IOSH Managing Safely • IOSH Managing Safely Refresher • IOSH Working Safely • IOSH Working Safely Refresher • Managing Contractors • Manual Handling Awareness • Manual Handling Train-The-Trainer • NEBOSH National General Certificate • Needlestick and Sharps Awareness • Office Safety • Managing Permits to Work • Principles of Risk Assessment • Representatives of Employee Safety • Safe Use of Ladders • Safe Use of Work Equipment • Stress Management • Stress Management for Managers • Working at Height • Working Alone Safely

Employment Law Training Courses

• Employment Law Essentials • Absence Management • Unfair Dismissal • Employment Law Awareness for Managers • Recruitment and Selection • Managing Disciplinaries and Grievances • Age Discrimination • Compensation and Settlement

in the Industrial Tribunal • Disability Discrimination • Race Discrimination

For further information, please contact Victoria Vaughan on 029 2085 3752 or email victoria.vaughan@thomas-carroll.co.uk

Frequently Asked Questions

Myth Busters

The Working Time Regulations 1998 state the following provision for rest breaks at work and time off:

REST BREAKS AT WORK

Employees are entitled to an uninterrupted break of 20 minutes when daily working time is more than six hours. It should be a break in working time and should not be taken either at the start, or at the end, of a working day.

DAILY REST

Employees are entitled to a rest period of 11 consecutive hours rest in each 24 hour period during which they work for their employer.

There are a number of special circumstances in which the entitlement to rest periods does not apply. These include activities that involve a need for continuity of service or production or where there is a foreseeable surge of activity.

Also, if a shift worker changes shift, it may not be possible for them to take their full rest entitlement before starting the new pattern of work. In such a case the entitlement to daily and weekly rest does not apply.

WEEKLY REST

An adult worker is also entitled to one day off a week; this can be averaged over 2 weeks.

YOUNG OR ADOLESCENT WORKERS

If a young worker is required to work more than four and a half-hours at a time, they are entitled to a break of 30 minutes. A young worker is also entitled to twelve uninterrupted hours in each 24-hour period in which they work. Both these entitlements can only be altered or excluded in exceptional circumstances. Young workers are also entitled to 2 days off each week and this cannot be averaged over 2 weeks.

The HSE Myth Busters Challenge Panel provides a mechanism to independently challenge potentially disproportionate or inaccurate advice or decisions, made in the name of health and safety.

Below is another example of one of the cases to go before the Myth Busters Challenge Panel.

Motorcyclist told to remove helmet whilst refuelling

ISSUE

A motorcyclist, refuelling a motorcycle at a filling station, was asked to remove their safety helmet before the pump was switched on. The motorcyclist wrote to the supermarket filling station CEO requesting an explanation and was told this was for ‘Health and Safety’ reasons.

PANEL DECISION

Requiring motorcyclists to remove their helmets at filling stations is not a health and safety issue. It appears to be a measure to discourage and prevent fuel theft. This is understandable, but the filling station should be clear about the real reason.

National Stress Awareness Day

Taking place on November 5th, National Stress Awareness Day aims to increase understanding of the effects of psychological distress in the workplace.

The day will also highlight the coping strategies available to employees to help prevent stress from becoming a problem.

Stress can hit anyone at any level of an organisation and recent research shows it is increasing and is not confined to any particular sector, job or industry.

Although work is good for us when well-designed, organised and managed, when insufficient attention to job design, organisation and management has taken place, it can result in work related stress.

For further information on the Stress Management training courses available from Thomas Carroll, please contact Victoria Vaughan on 029 2085 3752 or at victoria.vaughan@thomas-carroll.co.uk

What breaks am I entitled to under the working time regulations?

Risky Business

www.thomascarroll.co.uk 3

Risky Business

Thomas Carroll Group plc, Pendragon House Crescent Road, Caerphilly CF83 1XX

029 2088 7733 www.thomascarroll.co.uk info@thomas-carroll.co.uk

Feedback Please The feedback you give us about our services is vital to us. We send out service questionnaires and are grateful to our clients who complete them.

But why wait until then? Kevin Price is always available to hear your views, call him on 029 2085 3732

Disclaimer:

This newsletter is designed to keep readers abreast of current developments.

It is not intended to be a comprehensive statement of law and specialist

legal advice should always be sought in relation to any particular

circumstance. Therefore, Thomas Carroll Management Services is unable to

accept liability for any errors or facts or opinion contained within.

* Awarded by the British Standards Institution.

Cardiff Swansea Haverfordwest Hereford

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Recycling Firm Sentenced after Worker Loses Arm

Company Fined after Worker Loses Fingertip

A waste recycling firm was fined £118,000 after an agency worker severed his left arm at the shoulder while clearing a conveyor belt blockage in an accident the HSE said was entirely preventable.

Steven Dawson, aged 28, was working as a line supervisor separating paper and plastic items for Lowmac Alloys Ltd at its premises in Irvine, when the incident happened.

Mr Dawson was alerted to a problem with the conveyor belt and noticed a metal container had caught on the edge of the conveyor belt’s pulley.

He opened an unsecured hinged guard to access the blockage, but when he attempted to remove the container his left hand and arm came into contact with the moving belt and the bottom of the pulley – resulting in his arm being severed at the shoulder.

On hearing his screams, one of his colleagues pulled the ‘stop cord’ that was fitted along the conveyor to switch off the machinery.

Mr Dawson was taken to hospital but doctors were unable to reattach his arm. Over the following weeks he underwent two operations and has been told he needs further surgery to repair the nerves in his shoulder.

Following the case, HSE inspector Mark Carroll, said: “This incident was entirely preventable. Lowmac Alloys Ltd had identified there was a high risk of

crushing and trapping in the machinery, however, the company failed to provide interlocking guarding to the gate over the conveyor which would have cut power to the machinery when it was opened.”

“Had this been in place, then employees would not have been exposed to the risk from the dangerous parts of the machine.”

A West Midlands fabrications company has been fined £13,000 after an employee lost the tip of his finger in an unguarded drill.

Black Country Magistrates’ Court heard that the 32-year-old man from Dudley, was drilling holes into metal components at H&H Alloy Sales Ltd when the incident happened.

As he pushed a piece of metal, which was not moving properly, his hand shot across it and his middle finger became caught on the drill bit. His glove became entangled so he was unable to pull it out.

He had to have the tip of his middle finger amputated and was off work for three months. However, when he returned to work, he suffered considerable discomfort and surgeons decided to amputate the finger further, to the first joint.

A HSE investigation found the company had a documented safe system of work for the drill which stated that as part of the preparations for work, the guard should be placed in position and then checked by the operator to make sure it is correct.

However, the guard had been removed at some point previously and never replaced. It was subsequently re-fitted after being found in a box.

Speaking after the hearing, HSE inspector Judith Lloyd said: “The incident was entirely preventable.

The underlying cause was that it was custom and practice to use the drill without a guard in place. Instruction for employees was lacking and there was no system in place to check that guards were being used correctly, despite having a written procedure.

It was reasonably practicable to guard the drill and it had in fact been guarded in the past. Wearing gloves without an appropriate guard significantly increased the risk of entanglement, something the company had been provided with advice on during a previous inspection.

Following the incident the job was completed on a programmable automatic drilling machine which begs the question, why didn’t the company use this method from the start? If it had, a man would have been spared a painful injury.”

Instruction for employees was lacking and there was no system in place

In Court