News

A major airport services company has been fined £90,000 after a man was crushed to death at Heathrow Airport in 2008. The Health and Safety Executive (HSE) prosecuted Aviance UK Ltd, which is based in Newcastle upon Tyne, for its role in the incident. They pleaded guilty to breaching the Health and Safety at Work etc. Act 1974, at the City of London Magistrates' Court on 27 November 2009.

The Court heard that on 25 March 2008, Mohammed Taj, a vehicle maintenance specialist from Hayes, was repairing a defective vehicle used to pull baggage trolleys, also known as a baggage tug, which had broken down near Heathrow Airport Terminal 1. The vehicle was raised 60cm in the air on a single trolley jack as its only means of support. The worker was underneath the tug when the trolley jack moved backwards, dropping the tug onto him. He died at the scene shortly afterwards from head injuries.

The HSE investigation showed that the maintenance van supplied by Aviance UK routinely carried a trolley jack but never carried axle stands or other means of support which should be used. In addition, they did not have an adequate system for ensuring that the maintenance van returned to the workshop for axle stands, or that defective vehicles were recovered and proper vehicle hoists used.

HSE inspector Stephen Kirton said, "Mr Tajs death could have been avoided if axle stands were routinely carried in the company maintenance van and were used by staff. Mr Taj could be alive today if just £30 had been spent on a pair of axle stands. Working under poorly supported vehicles has been recognised as a serious problem for many years. We have recently published guidance in this area which clearly states that people should never work below vehicles supported only by jacks. This should be read by all managers in the motor vehicle repair industry."

A Wales construction company has been fined after one of its employees had his head crushed at a site in Gloucestershire. Macob Administration Limited, based in Bridgend, was charged by the Health and Safety Executive (HSE) after Lance Taylor was killed while working on a site at Chestnut Walk, Abbeymead on 11 February 2005.

Mr Taylor was driving a mini digger, which he was not qualified to operate, and unintentionally hit a lever as he leaned out of the cab window. The digging arm of the vehicle was raised, crushing his head between the cab and the arm. He suffered fatal injuries and was pronounced dead on site. Gloucester Crown Court heard Macob pleaded guilty to breaches under two sections of the Provision and Use of Work Equipment Regulations SI 1998/2306.

Speaking after the hearing, HSE inspector Martin Lee said, "This terrible incident highlights the extremely serious risks posed by equipment and vehicles on site if the workers using them don't have adequate training or are not versed in safe working procedures. Mr Taylor and the other site workers were not all properly trained to use the equipment they were handling and, just as seriously, vehicle keys were routinely left in the machines. As a result, they were accessible to anyone on site, regardless of their qualifications."

"It is imperative that on any construction site using plant and machinery there are systems in place to control access to the vehicles. Construction site managers need to know which workers on site are qualified to operate the machinery and that their control systems are working effectively."

The Planning (Control of Major-Accident Hazards) Regulations (Northern Ireland) SR 2009/399.

They amend the Planning (Control of Major-Accident Hazards) Regulations (Northern Ireland) SR 1993/275, in order to increase the range of dangerous substances for which consent must be obtained for storage or processing, the definitions of those substances and the amounts allowed before consent must be obtained.

As a result, they implement the amendments made to Annex 1 to Directive 96/82/EC, on the control of major accidents involving dangerous substances, by Directive 2003/105/EC.  The amended Annex 1 increases the range of dangerous substances, and revises their definitions and qualifying quantities.  Among those substances now included are those associated with risks from certain storage and processing activities in mining.

To take into account those amendments, these Regulations substitute a new Schedule 3 setting out the substances that are hazardous substances and their controlled quantities.

The recent cold snap has no doubt led to plenty of queries regarding temperatures in the workplace.

The Workplace (Health, Safety and Welfare) Regulations SI 1992/3004 and the Workplace (Health, Safety and Welfare) Regulations (Northern Ireland) SR 1993/37 detail the requirements for the temperature in indoor workplaces, stating that during working hours it should be kept "reasonable." In addition, guidance recommends that the temperature in the workplace should normally be at least 16 degrees Celsius unless the work requires severe physical effort, in which case the temperature should be at least 13 degrees Celsius. The temperature in workrooms should provide reasonable comfort without the need for special clothing.

These temperatures however do not apply to rooms where it is impractical to maintain such temperatures, such as those which have to be open to the outside or where food has to be kept cold. In such cases, the temperature should be as close to those mentioned above as is practical.

A thermometer must be provided so that workers can check the temperature in any workplace inside the building. The availability of a thermometer is a requirement under the Regulations.

In general, employers should try to make sure that the temperature at the workplace is pleasant, rather than too hot or too cold. The atmosphere should also be dry rather than damp or humid. The best that can be realistically achieved is a thermal environment which satisfies the majority of the people in the workplace, or put simply provides "reasonable or thermal comfort." A simple way of estimating the level of comfort in the workplace is to ask the workers or their representatives. If the percentage of workers dissatisfied with the thermal environment is above a certain level then the employer needs to take action. The Health and Safety Executive considers 80% of occupants as a reasonable limit for the minimum number of people who should be thermally comfortable in a given environment.

There is no legal minimum outdoor working temperature, so employers must rely on thermal risk assessments in such cases.

On 29 December 2009, the Supply of Machinery (Safety) Regulations SI 2008/1597 came fully into force.

The aim of the Regulations is to make sure machinery is safe and manufactured in accordance with certain safety principles.  They set out the key obligations on manufacturers or their authorised representatives who place machinery on the market or put it into service, which include:

• ensuring the safety of products by reference to certain essential health and safety requirements;
• following a "conformity assessment procedure"; and
• documenting their compliance in various ways, notably by drawing up an "EC declaration of conformity" and affixing the CE marking to the product.

As a result, they implement Directive 2006/42/EC, on machinery, which sets out the essential health and safety requirements in relation to the design and manufacture of machinery, which the manufacturer or their authorised representative must follow in order to improve the safety of machinery placed on the market.

Inspectors from the Health and Safety Executive for Northern Ireland, and the 26 District Councils have begun an enforcement initiative, in order to ensure compliance with health and safety legislation by businesses using woodworking equipment. The hazards associated with using woodworking machinery where cutting tools or blades are exposed are well known. In addition, a variety of health problems are common in those who work with, or near such equipment. Such health problems can be caused by noise, dust and manual handling.

A survey conducted by the Health and Safety Executive in Great Britain estimated that 27% of major injuries in the woodworking industry were caused by machinery. In addition, other major injuries were caused by kickback of timber and ejected cutters. By comparison, only 10% of major injuries were caused by machinery in the general manufacturing industry. The cause of accidents in the woodworking industry can largely be attributed to inadequate guarding and poor systems of work, often resulting from a lack of training and supervision.

The proper use of guards and safe working practices are essential in reducing the risk of serious accidents and health problems. During the initiative, inspectors will pay particular attention to guarding, braking and limited cutter projection tooling on woodworking machinery, the control of wood dust in the working environment and the handling of materials.

The enforcement initiative will be carried during January and February, and business operators are advised that comprehensive free information can be found at www.hse.gov.uk/woodworking.

For more information see:

• Provision and Use of Work Equipment Regulations (Northern Ireland) SR 1999/305.