Ellis Whittam - Corporate Support Ellis Whittam - Corporate Support

Health & Safety Brief
November 2009

 

In This Issue:


• Welcome

• Changes to Hazardous Substance Classification and Labelling

• Asbestos Survey Guide to change

• Broken or Wonky Ladder?

• Ladder Checks

• Supermarket prosecuted and fined for failure to maintain scissor lift

Featured Links:


Ellis Whittam

 

 

Welcome

Welcome to our November Health and Safety Brief – your plain English health and safety update.
In this edition we provide information on:

  • Changes to Hazardous Substance Classification and Labelling
  • Asbestos Survey guide to change
  • Ladder Exchange Programme
  • Supermarket Prosecution for failure to maintain Scissor Lift

Changes to Hazardous Substance Classification and Labelling

One chemical – One label worldwide.

Different countries and different laws have led over the years to many variations on how the hazardous properties of chemicals and the information about these hazards are passed to users. The consequence being the confusing array of signs and symbols because the same chemical can have different hazard descriptions in different countries.

The UN brought together experts from different countries to create the Globally Harmonized System of Classification and Labelling of Chemicals (GHS).

The aim of the GHS is to have, worldwide, the same:

  • criteria for classifying chemicals according to their health, environmental and physical hazards; and
  • hazard communication requirements for labelling and safety data sheets.

Implications

  • New classification will mean hazardous substances may change current classification and will therefore need to be updated
  • Change of signs will mean new labeling
  • Safety and Risk Phrases will be changed to new codes for Warning and Precautionary Statements
  • Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 (known as CHIP) will be amended and repealed when new legislation is introduced.

All this change is going to take some time and therefore the new legislation is not expected to be fully in force until June 2015.

Watch this space.

Asbestos Survey Guide to change

The Methods for the Determination of Hazardous Substances series (MDHS 100) – the asbestos surveyor’s guidance – is being updated.

The new guidance is aimed at both surveyors and those clients who commission surveys, particularly those who have a duty under the Control of Asbestos Regulations 2006 to manage premises or to provide information about premises under the Construction (Design and Management) Regulations 2007.

This new guidance which is yet to be published but is due out in December or January gives more information to clients and clarifies the areas of responsibility.

Main changes:

1. Survey Type

There are now to be two types of survey which replace the three current types, these are :

  • A management survey (to replace the Types 1 and 2 in MDHS 100)
  • A refurbishment and demolition survey (to replace the Type 3 in MDHS 100).

A Management Survey aims to ensure that nobody is harmed by the continuing presence of Asbestos in the premises or equipment; that the Asbestos remains in good condition; and that nobody disturbs it accidentally
The Survey must locate Asbestos that could be damaged or disturbed by normal activities, by foreseeable maintenance, or by installing new equipment.  It involves minor intrusion and minor asbestos disturbance to make a Materials Assessment.  This shows the ability of Asbestos, if disturbed, to release fibres into the air.  The survey should guide the client, eg in prioritising any remedial work.

The duty-holder can make a Management Survey where the premises are simple and straightforward.  Otherwise, a surveyor is needed.

It’s emphasised that to arrange a survey is only part of the duty to manage asbestos in premises.

The Refurbishment / Demolition Survey is required where the premises, or part of it, need upgrading, refurbishment or demolition.  Normally, a surveyor is needed for Refurbishment / Demolition Surveys.

A Refurbishment / Demolition Survey aims to ensure that:

  1. nobody will be harmed by work on Asbestos in the premises or equipment;
  2. such work will be done by the right contractor in the right way.

2. Surveyor Competency

The revised document will include an expanded section aimed at helping you to agree with the surveyor the survey’s scope and planning so that the most appropriate type is conducted. The survey needs to be as comprehensive as possible and the data must be used effectively so that asbestos is adequately managed. In this context, the document provides guidance to clients on items including:

  • the role of the survey in helping to comply with the ‘duty to manage’
  • how to select a competent surveyor
  • what you should expect from a surveyor and what you should provide to the surveyor
  • what checks should be made on the surveyor’s report.

You shouldn’t appoint a surveyor unless they are competent. The HSE strongly recommends the use of surveyors accredited by UKAS (United Kingdom Accreditation Service) to BS EN ISO 17020, or individuals certificated by ABICS (Asbestos Building Inspectors Certification Scheme) (http://www.abics.org/). In any case, you will need to ask questions as detailed in the guidance and seek references.

When the guide is published we will revisit this subject to keep you up to date on any further changes.

Broken or Wonky Ladder?

Just in case you missed it in our September issue, to promote HSE’s award winning Shattered Lives Campaign the Ladder Exchange Initiative was re-launched on 1st September 2009 and will be continuing until end of the year, so time is running out and don’t wait for Santa to get your early Christmas present...!

From now until 31st December 2009 anyone with a broken, damaged or bent ladder can part exchange it for a new one with discounts of up to 50%. To find out more about those involved visit:

  • ABRU
  • A-Plant
  • Browns Ladders and Ceilings Ltd
  • Clow Group
  • Globe Ladders Ltd
  • HSS Hire
  • Ladderstore.com
  • Ladder & Fencing Industries (Newent) Ltd
  • Lansford Access Limited
  • SGB Hire & Sale
  • Slingsby
  • Speedy Hire
  • TB Davies
  • The Ladder Association
  • Youngman Group
  • Zarges UK

Details of discounts being offered by partners can be found on their websites via Ladder Exchange Initiative 2009 - how to get involved.

The campaign intends to help reduce the number of deaths and injuries resulting from falls from height.

Despite a sustained long term reduction, falls from height remains the most common type of fatal injury.     
The message remains simple - "Don’t let a dodgy ladder shatter your life”. If it’s not the right ladder exchange.

Ladder Checks

Every time you use a ladder you should do a pre-use check beforehand to make sure that it is safe for use.
A pre use check should be carried out by:

  • The user;
  • At the beginning of the working day; and
  • After something has changed i.e. ladder dropped or moved from a dirty area to a clean area (check state or condition of feet)

The benefit of conducting daily pre-use checks is that they provide the opportunity to pick up any immediate/serious defects before they cause an accident.

Ellis Whittam clients use our online Ladder Inspection Checklist to check all your ladders and stepladders now... before the HSE or Local Authority call to check them!

Supermarket prosecuted and fined for failure to maintain scissor lift

TESCO Supermarket has been fined following a dangerous incident involving the collapse of their scissor lift whilst in use at its store in South Wales in March 2008.

Staff were using the scissor lift at a supermarket in South Wales when it buckled. Although the supermarket chain had a risk assessment form for using scissor lifts, the company had not implemented it at the store. Tesco had also failed to maintain the lift and to have it thoroughly examined at six-monthly intervals - it had not been checked for over four and a half years.

Tesco were fined a total of £9,600 with costs of £3,000 under Management of Health and Safety at Work Regulations 1999, Provision and Use of Work Equipment Regulations (PUWER) 1998 and Lifting Operations and Lifting Equipment Regulations (LOLER) 1998

The law requires that:

  • Employers must ensure that sufficient risk assessments are made and any preventative and protective measures detailed in their risk assessment are implemented.
  • Employers must maintain work equipment in efficient working order and good repair
  • Employers must ensure thorough examinations are carried out periodically by a competent person in accordance with the Examination Schedule.

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.

Ellis Whittam Limited, Woodhouse, Aldford, Chester, CH3 6JD.

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