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Health & Safety Brief
June 2009

 

In This Issue:


• Welcome

• Two farming deaths in Staffordshire were accidental.

• Deaths in the UK from Asbestos related cancer are the highest in the world.

• Five Companies end up in Crown Court over Buncefield


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Ellis Whittam

 

 

Welcome!

Welcome to our June Health & Safety Brief - your plain English health & safety update.

In this edition, we provide information on:

  • Two farming deaths in Staffordshire were accidental.
  • Deaths in the UK from Asbestos related cancer are the highest in the world.
  • Five Companies end up in Crown Court over Buncefield

Two farming deaths in Staffordshire were accidental.

The deaths of two farmers who were involved in separate incidents with baling machinery were accidental, an inquest has ruled.

Staffordshire Coroner's Court heard that Anthony Mardling, 61, died after being pulled into baling machinery on August 29 2008 at a farm near his home in Hilderstone, Stone. In the second incident, a month later at a farm near Abbots Bromley, 50-year-old Malcolm Bennett was fatally injured when he was struck by part of a baling machine.

Many farmers work for themselves and have often been self taught on most of their agricultural equipment. This often carries forward when farmers take on farm workers to assist them in their work.
Equipment attached to a Tractors Power Take Off (PTO) can easily be put into action accidently, if the engine is running. Health and Safety Inspectors said that practising the “Safe Stop” procedure could have easily prevented the two fatal injuries in Staffordshire.

The “Safe Stop” procedure is:

  • Disengage the PTO drive
  • Switch off the engine
  • Ensure that the handbrake is properly applied
  • Put the vehicle into neutral
  • Remove the key from the ignition (or lock equipment off.)

Health and Safety law requires appropriate training of any workers in the safe use of any equipment that is used for their work, by a suitably qualified person. You would not expect someone to drive a car without proper training and driving or using any farming machinery should be thought of in the same way.

All equipment should also be suitably maintained and inspected by competent persons. It is very important that guards on dangerous parts should be maintained properly and replaced prior to use.
What can be done to improve agricultural safety?

  • Train all workers in the safe use of all equipment, including refresher training at suitable intervals.
  • Practice the “Safe Stop” procedure when working on any machinery.
  • Maintain equipment properly, only repair and maintain equipment yourself if you are properly trained and competent to do so.
  • Do not use any: faulty equipment, equipment with missing guards or interlocks.
  • Carry out risk assessments on any activities, with significant risks.
  • Do not allow untrained persons to use equipment.
  • Tell someone where you intend to work and how long for, so that they can raise the alarm, if you do not return from work.
  • Always carry a mobile phone or two way radio, so that you can call for assistance in an emergency.

Deaths in the UK from Asbestos related cancer are the highest in the world.

In 2006 the number of deaths in the UK from a disease called Mesothelioma were quoted as 1740 men and 316 women by the Health and Safety Executive (HSE.)

These figures were announced as part of the International Workers Memorial Day at a recent conference held by the Institute of Occupational Safety and Health (IOSH.)

A total of 4000 asbestos related deaths occur in the UK each year and will continue for many years to come. Many of these occur to construction workers such as electricians, carpenters, builders and plumbers. This is higher than the number caused by road traffic accidents each year.

What can be done to help eliminate workplace exposure to Asbestos?

  • Train all workers who may come into contact with asbestos.
  • Carry out surveys of any of your buildings or structures suspected to contain asbestos.
  • It is better to leave asbestos that is in good condition in place, rather than removing it.
  • Only remove asbestos containing substances using a licensed asbestos contractor.
  • Make anyone aware of the presence of asbestos, who may be affected, such as maintenance workers and contractors.
  • Do not disturb asbestos containing materials by drilling, sawing or breaking.
  • Instruct all workers what to do if asbestos is accidently damaged or disturbed.
  • Carry out a risk assessment on any work on or near asbestos containing materials.
  • Assume that suspect materials contain asbestos until you have proved otherwise.
  • Obtain information from customers and clients as to the whereabouts of any asbestos containing materials on their premises before you carry out any work for them.

Five Companies end up in Crown Court over Buncefield

Five separate companies are to be tried in Crown Court for the explosion and fire which occurred at the Buncefield storage depot at Hemel Hempstead in 2005 over breaches in Environmental, Health and Safety Laws.

No one was seriously hurt but forty three people were injured in the incident and millions of pounds of property damage occurred when 300 tonnes of petrol overflowed from a large tank and ignited. The fire burned for 5 days, 2000 people had to be evacuated from their homes and the M1 Motorway was closed for days.

The depot was used to store thousands of tonnes of petrol, aviation fuel, diesel and oil. A faulty level gauge was indicating that the tank was not full so the tank, which was being automatically filled, overflowed for around half an hour before a spark from the electrical circuits on a nearby lorry ignited the petrol fumes.

In addition to the widespread damage the local land and water courses were contaminated with fuel and fire fighting chemicals.

The Health and Safety Executive and Environmental Agency brought the charges against: Total UK, Hertfordshire Oil Storage, British Pipeline Agency, TAV Engineering and Motherwell Control Systems 2003.

Only one company entered a not guilty plea, TAV Engineering.

About Ellis Whittam

We are a leading firm of employment law advisers and health & safety consultants. We provide UK employers with fixed cost employment law solutions, HR support and health & safety systems. We guarantee certainty of cost, peace of mind and an unremitting commitment to service excellence. To find out how we can help your business please email Mark Ellis at markellis@elliswhittam.com or call Mark on 0845 226 8393.

Disclaimer

The information and any commentary contained in these bulletins is for general information purposes only and does not constitute legal or any other type of professional advice. Ellis Whittam Limited does not accept and, to the extent permitted by law, excludes liability to any person for any loss which may arise from relying upon or otherwise using the information contained in these bulletins. If you have a particular query or issue you are strongly advised to obtain specific, personal advice about your case or matter and not to rely on the information or comments in this bulletin.

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www.elliswhittam.com
Tel 0845 226 8393
Fax 0845 226 8384