News

It has been announced that nearly one in five construction sites visited across Britain have been subject to enforcement action after failing safety checks.

Between 18 February and 15 March, Health and Safety Executive (HSE) Inspectors visited 2,363 sites where refurbishment or repair work was taking place and saw 2,976 contractors. As a result, 631 enforcement notices were served across 433 sites for poor practices that could put workers at risk, with 451 notices ordering that work stop immediately until the situation was rectified.

During the inspections, HSE inspectors looked at things like work at height, good site order and welfare and considered whether:

• jobs that involve working at height had been identified and properly planned to ensure appropriate precautions are in place;
• equipment was correctly installed, assembled, inspected, maintained and used properly;
• sites were well organised to avoid trips and falls;
• walkways and stairs were free from obstructions;
• work areas were clear of unnecessary materials and waste;
• suitable PPE was provided and worn appropriately.

The HSE have put up an image gallery to show the sort of things they found: http://cedr.ec/pt.

Natural Resources Wales (NRW), a new regulatory body responsible for the environment and natural resources in Wales, officially began its work on 1 April. It became Wales' largest public body after it merged the Environment Agency in Wales, the Forestry Commission Wales and the Countryside Council for Wales.

Although three regulatory bodies in Wales have now disappeared, NRW will continue the work they did as one single body rather than three separate bodies.

Alun Davies, Minister for Natural Resources in Wales, said, "The Welsh Government has created Natural Resources Wales because we believe one body will result in a more streamlined way of working and will ensure more effective delivery and improved value for money."

Peter Matthews, chairman of NRW, said, "The natural environment is worth £8bn to the Welsh economy and as Natural Resources Wales, we want to build on this."

He added, "We will focus on maintaining the important services that people and businesses rely on, like our flood warning services, maintaining timber supply and protecting valuable sites."

For more information, see the:

• NRW website, available at http://cedr.ec/ps.

The owner of a hairdressing salon in the Kentish seaside town of Herne Bay has found himself on the wrong side of the law after failing to produce a valid Employers' Liability Compulsory Insurance (ELCI) certificate.

Canterbury Magistrates' Court heard how a Health and Safety Executive (HSE) investigation was prompted in August 2012 by an employee who was concerned that there was no cover in place. It was then confirmed that Rajan Patel had neglected to arrange ELCI for "Inspirations" when he took over the business last year.

As Mr Patel was unable to produce a valid ELCI certificate, this meant his staff had no means of pursuing a civil claim against the business had they been injured at work, or contracted a work-related illness or disease, in the interim period.

Mr Patel was fined £3,900 and ordered to pay £3,000 towards costs after pleading guilty to breaching the Employers' Liability Compulsory Insurance Act 1969.

After the hearing HSE Inspector Caroline Fullman said, "Thankfully none of Mr Patel's employees suffered a work-related injury or illness that warranted a claim for damages, but had they done so they would have been denied a chance to claim the compensation as recompense for whatever pain and suffering they had endured.

That is the purpose of ELCI. It is not a trivial optional extra, it is a compulsory requirement that is designed solely to protect employees.

The law expects employers to take all reasonably practicable steps to prevent their workforce from being injured or becoming ill, but if incidents do occur then Employers' Liability Compulsory Insurance cover is vital."

For more information, see:

• HSE Leaflet40 - Employers' Liability (Compulsory Insurance) Act 1969: A guide for employers;
• INDG233 - Preventing contact dermatitis at work;
• COSHH essentials SR11 - hairdressing.

Michael Galloway, trading as M.G. Construction has been fined £2,500 and given a 12 month conditional discharge after pleading guilty at Newry Crown Court to three breaches of health and safety legislation.

The case arose when asbestos containing materials were disturbed, spread and removed during the demolition of a bungalow at a site in Dromore, County Down between 22 September 2010 and 7 October 2010. A Health and Safety Executive for Northern Ireland (HSE NI) investigation found that during the demolition work there was asbestos insulation board removed by Mr Galloway, who did not hold the necessary licence to allow him to do the work. Samples had previously been taken from the bungalow which were analysed and found to be grey insulation board containing amosite and chrysotile asbestos.

The investigation also found that Mr Galloway did not take adequate steps to prevent both exposure to and the spread of asbestos fibres by allowing workers to carry out demolition work in areas that were contaminated with asbestos debris.

Denise Donaghy, an inspector with the HSE NI commented, "The dangers of asbestos are well known. Exposure to asbestos fibres is the greatest cause of work related death in the UK and the correct procedures for working are long established. It is a legal requirement that these procedures and control measures are put in place to prevent the spread and exposure of asbestos."

For more information, see the:

• Health and Safety at Work (Northern Ireland) Order SI 1978/1039;
• Control of Asbestos Regulations (Northern Ireland) SR 2012/179.

While discussing revised proposals to reform the Reporting of Injuries, Disease and Dangerous Occurrences Regulations (RIDDOR) SI 1995/3163, the Health and Safety Executive (HSE) has decided against its proposal that employers and other dutyholders should not have to report occupational diseases.

They also agreed to keep the duty to report non-fatal work-related accidents to members of the public, again going against a suggestion set out in the same autumn 2012 consultation document. The reforms to major injuries, dangerous occurrences and self-employed workers will however go ahead. Duties to report fatal injuries to workers and the public, and over seven day injuries to workers remain unchanged.

Other reforms proposed in the consultation document will go ahead, including:

• simplifying and reducing the list of:
• major injuries to 10 types, so it is more closely aligned with the HSE's incident selection criteria,
• dangerous occurrences to 20, so they are focussed on higher-risk sectors and activities;
• self-employed workers will no longer have to report injuries to themselves.

The proposed revisions are expected to come into force on 1 October.

The results of a survey of over 70 Easter egg manufacturers show that many are using non-certified palm oil or derivatives in their products.

The survey undertaken by Ethical Consumer magazine and the Rainforest Foundation UK (RFUK) ranked companies' practices and policies in relation to their palm oil sourcing, using information already in the public domain, followed up with a further questionnaire.

Ranking at the top of the survey are Divine and Booja Booja, neither of which use any palm oil in their chocolate products.

However, chocolate giants Lindt, Thorntons and Guylian scraped their way into the bottom of the rankings, with Lindt reportedly supplying inaccurate figures, while Thorntons and Guylian failed to submit any documentation to the organisations.

Ethical Consumer magazine and RFUK are launching a campaign in response to the increasing threat that unsustainable palm oil is posing to the world's rainforests, their indigenous wildlife, and the people whose livelihoods depend on the forests. Having destroyed vast areas of forest in countries such as Indonesia, palm oil companies are now planning to expand in the rainforests of the Congo Basin in Africa.

Consumers are unaware of palm oil content, the campaign says, because of current labelling laws. Palm oil is a key ingredient in many food products – including chocolate and biscuits – but companies are not required by EU law to label products containing it until December 2014.

The aim of the campaign is to encourage consumers to buy the best-rated products, forcing those companies that are not taking their environmental responsibilities seriously to use more sustainably sourced palm oil.

The guide to chocolate is the first of a series of guides that will rate all consumer products using palm oil. Future guides will include biscuits, cereals and spreads.

According to a recent RFUK report, Seeds of Destruction, 1m acres of rainforest in the Congo Basin are being developed by palm oil producers. With 284m acres of suitable soil in the region, developers are actively seeking large sites.

Tim Hunt, co-director of Ethical Consumer, added, "Consumer power has the potential to help save the Congo's rainforests and its wildlife that are under threat from palm oil production. This Easter we're asking chocolate lovers to buy their Easter eggs from those chocolate companies that we've identified as taking an ethically responsible stance on this critical issue."

For more information, see:

• Appetite for Destruction? The Food Product Guide to Palm Oil Content - http://cedr.ec/pa