Everyone at, the moment is concerned about the closing of businesses, drops in revenue, disruption to everyday life, how can we improve our chances, VERY IMPORTANT – will out business interruption insurance cover us??
Can you reduce the risk of passing on the virus to customers, other staff members of staff, did you take ‘reasonable’ care and steps to protect staff? Do you need to record that the staff have washed and sterilised their hands? A record that you have cleaned down and sterilised door handles, handrails etc? These are the questions you should ask!!
Working from home provides a great opportunity for the workforce, reduces the risk of cross-contamination if your Company has the capacity and ability to do that then this will help, long passed are the days when bully bosses believed that ‘IF your not in the office you are not working’!.
Litigation
This risk is no different from any other risk, training should be recorded, even advice to staff should be recorded, definitely cleaning records should be checked and validated and this is where the better the records the better the defensibility. ISITCHECKED, real-time recording, time-stamped and GPS tagged – you cannot improve on this system with any other!
A waste management company pleaded guilty to causing a life-changing injury to one of its employees.
Folkestone Magistrates’ Court heard that, on 27 February 2017, an employee of Viridor Waste Management Limited was crushed by a reversing 22.5 tonne shovel loader driven by an on-site contractor at Viridor’s Crayford Materials Recycling Facility site in Crayford. The injured employee was working on foot in the area in his role as banksman, assisting a lorry to manoeuvre into a bay while a shovel loader reversed out of the bay independently, knocking him to the ground and driving over the lower half of his body. He suffered very serious internal injuries and multiple serious fractures, both with significant life-changing effects.
An investigation by the Health and Safety Executive (HSE) found that Viridor Waste Management Limited failed to organise the workplace in such a way that pedestrians and vehicles could circulate in a safe manner. This prosecution is the fourth in 4 years for this company, two of which related to fatal incidents.
Viridor Waste Management Limited of Crayford Creek, Dartford, was found in breach of Regulation 4(1) of the Workplace (Health, Safety and Welfare) Regulations 1992 by virtue of Regulation 17(1). The company was fined £400,000.
Speaking after the case HSE inspector Megan Carr said “This incident is a reminder to the waste and recycling industry as to the importance of good workplace transport control which can often be achieved by simple pragmatic steps to avoid such incidents from occurring. HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”
HSADD Says Yet another serious incident at a recycling station – When will these start being Pro-active for the safety!
A company specialising in roofing work has been fined after a self-employed roofer was seriously injured when he fell from a roof.
Edinburgh Sheriff Court heard that, on 1 September 2016, a self-employed roofer was carrying out work for Phoenix Roofing and Cladding Limited, placing new roof panels and other materials on a roof at an industrial unit at the Butlerfield Industrial Estate, Newtongrange. Whilst traversing the roof, the roofer slipped and fell through an existing roof light and landed on a suspended ceiling below.
An investigation by the Health and Safety Executive (HSE) found that the fall from height was possibly due to the unsafe working environment and unsafe methods of working being undertaken. It was established the main cause of the incident was insufficient identification of risk in the work being done.
Phoenix Roofing and Cladding Limited of Meeks Road, Falkirk pleaded guilty to breaching Section 3(1) of the Health and Safety at work etc Act 1974 and were fined £20,000.
Speaking after the hearing, HSE inspector Stuart Easson said: “Falls from height remain one of the most common causes of work-related fatalities in this country and the risks associated with working at height are well known.
“Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standard.”
HSADD Says: For a Company ‘Specialising’ in roofing work they took their eye off the ball here!! I would have liked to see a more detailed report on why they have a ‘self-employed’ roofer working for them, and also what training did he receive? Of course, this doesn’t by-pass the lack of risk assessment and safety equipment to prevent the fall!!
A construction company has been fined after a worker was injured when a water pump set weighing over 700kg fell on him at a construction site.
Southwark Crown Court heard that, on 15 January 2016, a pipe fitter working for Fascel Group Limited was working on the transfer of a pump set from its pallet to a raised platform in Goodman’s Fields, East London. The pump set fell on him. As a result, the worker was pinned beneath the unit, and he sustained serious injuries including multiple fractures and dislocations.
An investigation by the Health and Safety Executive (HSE) found that Fascel Group Limited had been contracted to do mechanical and engineering works on the project that included the installation of the pump set. The company had failed to ensure that a safe system of work for the moving and positioning of the pump set was communicated to the operatives undertaking the work.
Fascel Group Limited of Sundon Park, Luton pleaded guilty to breaching Regulation 15(2) of the Construction (Design and Management) Regulations 2015 and were today fined £36,000 with £34,235.45 costs.
Speaking after the hearing, HSE inspector Gabriella Dimitrov said: “Those in control of work have a responsibility to devise safe methods of working and to provide the necessary information, instruction, and training to their workers.
“Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”
HSADD Says: The cost of doing a proper plan, method statement and written Risk Assessment, then providing the safe method to do the job would have cost at most a couple of hundred GBP! Instead, shortcuts have been made resulting in failure and luckily no fatalities, this is likely to be more by luck than judgement
This seems to be a total anomaly of ‘justice’ and very much an imbalance.
I have covered the issues surround involvement of S.I.A Security staff in stopping fights and then their involvement leads to prosecution or loss of badge. In some areas of the UK, it is a total ‘NO WIN’ situation, in other words, you cannot do right for doing wrong.
I have just been looking through the details from a case in 2019, two groups of males started fighting with each other outside a venue, within feet of the Security team, both groups had been refused entry due to conduct and behaviour.
The Security team stepped in, and as expected, became the focus of attention from the more aggressive group, the result was over in 2-3 minutes without any injuries, one of the security team was over-enthusiastic and his actions could be considered an assault (if he actually made contact with anyone) (despite no complaint)! the other was more defendable as he was clearly controlled and defending a member of the public.
The inbalance
In this case, the persons who were without any doubt the aggressors and the people who started the fighting received an £80.00 Police fixed penalty notice. Done and finished
The two Security staff – both lost their badge and with it their job with an income loss of around £250.00 per week. To me, this does not seem to be a ‘fair and just’ outcome by any means and whilst I agree that the conduct of Security staff must be exemplary, the delays investigation and the speed at which the badge is removed leads to the Security staff being ‘guilty’ and having to prove his innocence, rather than the principle of Innocent until proved guilty.
It seems that neither the Police or S.I.A (Security Industries Association) have not taken into consideration the impact of the suspension of the security staff badge and right to work, they clearly announce ‘Guilty’ until proved innocent.
I would welcome any comments or experiences of this, particularly if you are from the Merseyside area where there seems to be a higher than normal rate of ‘suspensions’ requested by Merseyside Police.
In 1993 I started working in a Night-club in North Wales, the premises had ‘issues’ with the Police and Licensing Authority that needed fixing. I was able to bring a couple of totally off the wall solutions that not only fixed the problem but over the following years turned the venue into a massive success – weekly hours worked around 50-70 hours per week!
2001 I moved and bought a share in a large Liverpool based venue, this again was doing two things – 1. expanding, 2. having issues with Police and Local Authority (same senior Directors – same issues)! – Average hours now 80-90 to 110 hours per week.!
Again – new solutions and bring the venue from the ‘old’ ways to the ‘new ways’.
2005 – We are suffering a huge hike in Insurance claims, almost one per day, 90% claims are fake (remember the Accident Group), our excess is now £5,000.00 per claim and insurance renewal excess of £78,000.00, changes HAD to be made rapidly.
2005 I become a Consultant for a Compliance Management system that covers Health & Safety, Fire risk assessment, Risk assessments, staff training and much more. I introduce a total accident and reporting system, everything that occurs gets reported and investigated. I am now able to start defending these claims.
2006 – After a huge row with our insurers over the settlement of fake claims I had had enough and I change over to NDML Insurance, our agent Mike Dawson, promised faithfully that they had a different approach and defended cases strongly, WHAT A DIFFERENCE THAT MADE!
By this time if we get a claim for slip/trip I can immediately (15 minutes is close enough), I was able to provide from the Cloud around 120 pages of due diligence, staff training, checks, maintenance etc
2007 to 2018 – NOT one claim has been paid out in 11 years after we defended the first two claims then the number of claims received dropped off a cliff, I realised that the Insurance Companies who provided ‘after event’ insurance must have realised we strongly defended and went elsewhere to easier targets
Paper checklist -v- ISITCHECKED
2014 – I took part in the development of ISITCHECKED, our own real-time checklist system, this really closed the loop on potential claims. As an example, if you have a paper list in a toilet people will check the toilet and sign a piece of paper every half hour, 6 hours open 12 checks signed. With ISITCHECKED, you have a QR code outside the toilet, any staff checking the toilets, whether cleaners, security or managers scan and record a check. So 6 hours open around 84 different checks, so only minutes apart, all signed and time-stamped with GPS tag.
One of the unexpected results from ISITCHECKED system is that unlike a paper checklist no-one can see when the toilet or other check has been done, so if a Manager checks the toilets for instance 5 minutes after a cleaner and then a member of security checks 2 minutes later all three have recorded their checks in the past 10 minutes.
So IF you want to be as claim-free as possible, reduce claims against your business, reduce your insurance premiums, stop paying insurance excesses then get in touch!
This also applies if you have had conditions placed on your premises licence by the Police or LA that you need to evidence that you have completed, this system, if used correctly, will give you the protection you need.
Another of our Clients today passed a Fire Inspection with minimum fuss and a message of satisfaction from the Fire Officer.
This inspection follows a fire safety audit which identified a number of points that ‘may’ come up during a full fire inspection, having this completed a week before the actual inspections help our Clients to successfully correct any issues and relieve the stress of an inspection, which could have caused them additional inspections.
HSADD SAYS: How many times have I repeated ‘IF you fake a report, training, checklists, eventually it will send you to Jail’!! For some reason lots of people, Managers and business owners seem to think that the Courts will be fooled by these practices – far from it, the evidence HAS TO BE irrebuttable high-quality defence – or you lose!!
2 hours ago
Image captionMark Francis Bray faked a dead man’s signature
A roofing boss forged the signature of a worker who fell to his death to cover up safety errors, Manchester Crown Court heard.
Mark Francis Bray, 38, of Warrington, was jailed for two years after admitting health and safety laws and perverting the course of justice.
Ken Drake, 54, fell through a fragile roof in Rochdale in September 2015 and died from severe head injuries.
Det Ch Insp Richard Eales said Bray’s “sole thought was to cover his tracks”.
Greater Manchester Police (GMP) said Mr Drake was working for Roofing Consultants Limited when he was killed and Bray was its contracts manager.
The company should have taken practical steps such as installing netting, said Health and Safety Executive investigators, but Bray insisted it was not needed
Experts who assessed the site advised that if the netting had been installed at an estimated cost of about £1,250, it would have saved Mr Drake’s life.
‘Cutting corners’
Detectives who examined Bray’s computer found he altered a risk assessment document “to contain Ken’s forged signature” in an attempt to justify his actions.
Mr Drake’s wife Ingrid said: “We shared so many memories and it’s heartbreaking to know we can’t share any more.”
“It’s sad to know he’s missed out on such magical moments in our lives, like watching our daughter get married.”
Det Ch Insp Eales said: “Cutting corners in this way is dangerous and can ultimately rip families apart because it was these actions that had absolutely cataclysmic consequences.”
Roofing Consultants Limited was fined £100,000 with £30,000 costs after admitting breaching health and safety legislation.
Another company, High Ridge Roofing Solutions Limited, was fined £12,000 with £33,000 costs after its conviction for breaching design regulations.
HSADD SAYS: Not only is this a tragic accident I believe that this is amplified by the age and that it was the ‘first’ day at work.
I have for so many years expressed the absolute need to induct staff when they are starting work, whether a bar staff member, Security staff, cleaner or a mechanic, it matters not, ‘IF’ you do not carry this out then you will lose the case and possibly your business and your liberty!
A vehicle recovery and repair company has been sentenced after a new worker suffered fatal crush injuries during maintenance work, only hours after he’d started his new job.
Birmingham Magistrates’ Court heard that on 24 November 2014, Albert Road Recovery and Repair Limited employee John Glenn was fatally injured when a rigid vehicle fell suddenly from an inadequate axle support prop at Siskin Parkway East, Middlemarch Business Park, Coventry.
An investigation by the Health and Safety Executive (HSE) found that a cable reel drum jack was used to support the vehicle, which was not an appropriate piece of equipment for the task being undertaken.
Now dissolved, Albert Road Recovery and Repair Limited of Warley Hill Business Park, Brentwood, Essex was found guilty of breaching Section 2 (1) of the Health and Safety at Work Act 1974 and was fined £20,000, the highest amount available to this court.
Speaking after the hearing, HSE inspector John Glynn said: “This incident led to the tragic death of John Glenn and occurred within hours of him starting his new job. It was completely avoidable.”
“Not only did the company fail to adequately induct the new starter into their business, it failed to adequately instruct and supervise him on his first day and provided him with completely unsuitable tools and equipment. Had the company considered the risks properly, they would have had safe systems of work and approved vehicle repair equipment in place.”
It is far too easy for Local Authorities to blame violence and disorder on bars and clubs then after encouraging venues to open, with suitable high council taxes, making it more difficult to trade.
Sometimes Licensing authorities have to look closer to home to solve these issues!
HSADD Says: This item from Worcester News makes for an interesting read as they seem to have statistical data that indicates that if you stand in a club or bar rather than be seated then the people tend to commit acts of violence more Is this true?
I would like to see if they aligned the data for violence against the numbers of uniformed Police Officers on duty in the area (Not just driving around in vans) but on actual foot around the venue. I strongly suspect that if this data was aligned you would see an increase in crime directly related lack of Police due to cutbacks.!
One Police force indicated that they were ‘trying out’ a new method which actually deliberately reduced the numbers of Police Officers on foot around bars and night clubs as in the opinion of the senior Police officers, ‘The presence of uniform Police can lead to increased violence’.
That initiative worked well – NOT, the increase in violence and robberies went off the charts, groups of feral youths age between 14 and 21 roamed the streets in packs, committing robberies and selling drugs plus Paracetamol! – it was a disaster.
This line of thinking indicates that when you see a Police officer you decide yes I’m going to really go for it here and look forward to a night in the cells and all that follows, doesn’t every driver who sees a Police car put the pedal to the metal?!
All licenced premises should be controlling the numbers inside and also having sufficient security staff on duty, they should also consider becoming a member of NTIA and have good legal cover within their insurance from specialists like NDML who have an excellent package and have robust due diligence systems like HSADD Compliance Management and ISITCHECKED.
If I had premises in this licencing authority I would definitely be making sure that I had my bases covered with the above recommendations, don’t wait for the ‘review’ to land on your desk!
#NTIA #NDML #DUEDILIGENCE #INSURANCE
Article
THE number of city-centre bars where drinkers mostly stand up could be held to stricter licensing policies by the council, it has been revealed.
Worcester City Council has recommended it changes its policy to limit the number of “vertical drinking establishments” looking to open between midnight and 6 am it grants licences to in a bid to put a stop to irresponsible drinking and increased alcohol-related crime.
Late-night takeaways would also be held to the stricter rules.
According to Public Health figures from last year, there are almost 11 premises selling alcohol per square kilometre in Worcester – nearly 10 times higher than the national average.
The council’s review of its licensing policy found that the majority of bars and clubs that had little or no seating were associated with the majority of crime and disorder.
Recent Comments