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Occupational health and safety review 2005
Introduction
This review reports on the work carried out by the Health and Safety Inspectorate in
2005 and provides information on work related accidents and ill health which occurred in
the year.
Prosecutions
2005 saw the highest fine ever imposed by the Royal Court for a health and safety
offence on a local Company, SGB (CI) Limited, who admitted a charge under Article 3(1)
of the Health & Safety at Work (Jersey) Law, 1989. The prosecution of the Company
followed the death of a 23 year old employee on the 20th December 2004, at their
workshop at Rue des Pres Trading Estate, St Saviour, when he was crushed as a result
of the sudden collapse of a vehicle lift. SGB (Channel Islands) Limited were fined
£50,000 with £3,000 costs.
The Royal Court also imposed a fine of £1,000, following the death of a man on the 2nd
July 2004, when he fell from a flat roof of an office building in St Helier. He was
assisting a friend, Dean Philip Ackland, at the time when, it is believed, he walked
backwards off the edge of the roof, falling a distance of over 20’-0”. Mr Ackland admitted
a charge under Article 5(1) of the Health & Safety at Work (Jersey) Law, 1989.
Both these prosecutions resulted from a tragic and unnecessary loss of life which will
leave a lasting impact on the families and friends of the individuals involved.
There were also two other prosecutions in the Royal Court in 2005, both of which
resulted from persons being needlessly exposed to asbestos during construction work.
Julian Smith was fined a total of £6,000 with £2,500 costs, and Francis Dempsey a total
of £10,000 with £2,500 costs, for offences under the Health & Safety at Work (Jersey)
Law, 1989 and Asbestos (Licensing) (Jersey) Regulations, 1997.
The outcome of these prosecutions reinforces the seriousness with which the Royal
Court regards offences under Health and Safety at Work legislation.
In enforcing the Law, the Inspectorate work within their enforcement policy which
identifies that the ultimate purpose of the Health and Safety Inspectorate is to ensure
that persons with duties under the Law manage and control risks effectively. The policy
sets out the response that the Inspectorate will take based on a number of principles
which are taken into account, including taking action which is proportional to the risks to
health and safety, or breach of health and safety law. The enforcement policy can be
accessed at
http://www.gov.je/SocialSecurity/Employment/HSI/Health+and+Safety+Inspectorate/Enforcement+Policy+Statement.htm
Prohibition and Improvement Notices
Inspectors are able to issue legal notices, termed Prohibition Notices, which stop work
where there is a serious risk of injury and Improvement Notices which requires that an
identified breach of health and safety legislation be complied with in a set time period.
In 2005 Inspectors issued 8 Prohibition Notices on issues ranging from the power
washing of pitched roofs in an unsafe manner, the guarding of machinery and the
demolition of redundant refrigeration plant which contained residues of ammonia.
There were also 5 Improvement Notices served during 2005, seeking to improve
arrangements in which employers managed risks to specific health and safety issues
including fork lift truck operation and asbestos.
The work of the Inspectorate
The impact of preparing and supporting prosecutions had a knock on effect on the level
of proactive work that the Inspectorate were able to carry out in 2005, but, nevertheless,
the Inspectorate carried out 833 visits and dealt with over 5158 telephone contacts
during the year, including responding to over 3000 requests for advice. The
Inspectorate is staffed by 3 Inspectors, a Technical and Administrative Officer and part
time administrative support.
The Inspectorate also dealt with 195 complaints in the year. The Inspectorate is not
considered to be an emergency service but will respond in a manner which is
proportionate to the risks involved, with the Inspectorate committed to responding to
95% of complaints within 5 working days. This commitment was met in 2005.
The work of the Inspectorate includes investigating accidents and reports of ill health,
carrying out proactive initiatives and preventative visits, contributing to the Bailiff’s
Entertainment Panel on Public Event Safety and raising awareness and promoting
health and safety.
A fire which engulfed this oxy- acetylene gas cylinder welding set resulted in the evacuation of the neighbouring area because of the threat of an explosion. Advice on the safe use of this type of equipment can be accessed online at http://www.hse.gov.uk/pubns/indg297.pdf
A supermarket worker suffered a fracture to her leg when an overloaded roll container fell onto her. Advice on the safety of roll containers is available in the Health and Safety Executive (HSE) research report which can be accessed online at http://www.hse.gov.uk/research/rrpdf/rr009.pdf
An employee using a gin wheel was struck by a falling corrugated sheet whilst raising the material which was to be used in the construction of a temporary roof. When using a gin wheel, persons should not stand below the load being lifted and be able to move away from the area should material become dislodged.
.
A farm worker sustained injuries to his hand when his glove was drawn into the machine whilst attempting to clean the machine as it was running. Machinery should always be stopped before such cleaning is carried out.
The overturning of this construction vehicle resulted in a safety campaign, supported by the Inspectorate, by the owners of the equipment, Hewden Hire Express.
Advising on public entertainment, such as the funfair which took place in December 2005, is part of the work carried out by the Inspectorate. The booklet Health and Safety Guidance for Organisers of Public Events can be downloaded from the Inspectorate website www.ess.gov/hsi
Following an accident in which a 14 year old boy suffered a serious neck injury, the Inspectorate issued guidance on the standard of supervision which should be provided for commercial trampoline activities. Advice on the use of trampolines is also available from the Royal Society for the Prevention of Accidents http://www.rospa.com/playsafety/info/34_trampolines.pdf
Approved Code of Practice on the Management of Exposure to Asbestos in Workplace Buildings and Structures A new Approved Code of Practice made under the Health and Safety at Work
(Jersey) Law 1989, was introduced on the 1st January 2005.
Breathing in asbestos fibres can result in individuals suffering a range of respiratory
diseases including cancer. Asbestos is a material which has been commonly used in
the construction of buildings in Jersey and it was recognised that additional practical
guidance, in the form of an Approved Code of Practice, was required to provide duty
holders with information on the steps that they should take to comply with the legal
requirements set out under the Health and Safety at Work (Jersey) Law, 1989.
The Approved Code of Practice sets out standards not only for the construction industry
that may come into contact with asbestos during maintenance and refurbishment works,
but also those with responsibilities for workplaces. They are required to prepare an
asbestos management plan for the premises which identifies the location of the material
and the way it is managed to reduce the risks of exposure.
The Approved Code of Practice can be accessed online at:-
http://www.gov.je/SocialSecurity/Employment/HSI/Health+and+Safety+Inspectorate/List
+of+Publications/Asbestos+in+Workplace+Buildings.htm
Accident and work related ill health statistics
The new computer system which has been introduced in the Social Security Department
to process claims for benefit, also enables statistics on accidents and work related ill
health to be compiled. This new system provides more flexibility in being able to identify
trends in accidents and work related ill health, which will provide the Inspectorate with
information from which it can carry out further enquiries. The information provided by
the system has already been used by the Inspectorate to review the manner in which
employers were approaching the management of work related health.
The statistics are based on claims which have been paid through the Social Security
Benefit Scheme for 2 days or more off work. 2005 was the first full calendar year that
information on accidents and work related ill health was able to be collated in this
manner, and it is therefore not possible to draw a direct comparison between the
statistics for 2005 and previous years.
In 2005, the total number of work related accidents and ill health recorded through the
Social Security Benefit System was 1226, of which 854 were as a result of accidents and
372 due to ill health. 1059 of the total number of the 1226 were employees, with 256
(24%) of employees working in the construction industry.
The following pie chart shows the main industries in which the 1059 employees were
employed.
Accidents and Ill Health to Employees by Industry
Wholesale/Retail, Repair of Vehicles
and Personal Goods19%
Transport, Storage & Communications
6%
Health and Social Work6%
Hotels & Restaurants
7%
Construction24%
Agriculture & Arboriculture
6%
Public Administration
14%
Figure 1 Classification of accidents and ill health to employees by main industry categories Additional information on accidents and work related ill health On receipt of a claim for benefit, the individual claimant is sent a short questionnaire
seeking additional information. Of the 757 claimants who responded to this request, 434
claims were identified as being due to accidents with 323 due to work related ill health.
Accidents
37% of the 434 accidents on which additional information was provided resulted from
overexertion or strenuous movements, with 25% due to falls, either from a height (14%)
or as a result of slips or trips on the same level (11%). 59% of these accidents resulted
in sprains and strains and 13% resulted in fractures and dislocations
Accident by Cause
Struck by Falling Objects
8%
Falls on Same Level11%
Falls from Heights14%Overexertion or
Strenuous Movements
37%
Caught In or Between Objects
6%
Stepping on, Striking Against or Struck by Objects, Excluding Falling
Objects17%
Figure 2 Major causes of accidents
Accident by Injury
Lacerations and Open Wounds
11%
Fractures and Disclocations
13%
Sprains and Strains
59%
Figure 3 Major categories of injury
Work related ill health
53% of the 323 reports of work related ill health on which additional information was
provided were due to musculoskeletal disorders, a category which includes such issues
as hand arm vibration and work related upper limb disorders. Stress related illness was
identified as the next highest cause of work related ill health with 31%.
Ill Health by Illness
Stress Related31%
Occupational Musculoskeletal
Disorders53%
Figure 4 Main causes of work related ill health
Health and safety - bureaucracy or necessity?
The experiences of the Inspectorate over the year, together with the analysis of work
related accidents and ill health, provide an insight into the effects on individuals that can
result from the poor management of occupational health and safety.
However, “Health and Safety” is a term which, at times, is associated with petty issues,
increasing bureaucracy and burdens on business. The alternative view which is also
expressed is that nobody should ever be exposed to risks from their work, with
prescriptive health and safety legislation in place to cover all areas of employment. As
always, the truth and practical approach is somewhat different from these commonly
held diverse views.
The Red Tape Reform project, aimed at reducing the burden of legislation on business
which was carried out in 2005, did not receive any submissions critical of excess health
and safety legislation. This would appear to reflect the position in Jersey where the
States have, over the years, only supported the introduction of health and safety
legislation which is appropriate for the Island. At present there is one main occupational
health and safety law, the Health and Safety at Work (Jersey) Law, 1989, which contains
the overall general duties placed on all those involved with working activities, with 16
sets of Regulations, which address specific high risk industries such as construction, or
specific known areas of concerns, such as the storage and use of flammable liquids.
Whilst the amount of health and safety legislation that is in force in the Island is
considerably less than in the UK, the main duties under the Health and Safety at Work
(Jersey) Law, 1989, do set out an equivalent standard of health and safety in the
workplace to that in the UK, with the prime responsibility for assessing and controlling
risks placed on those who create them. This responsibility extends to both employers
and employees.
The outcome of work related accidents and illness can have a severe impact on the
individual concerned and their families with recent research carried out by the UK Health
and Safety Executive, (Research report 464 – Identifying and evaluating the social and
psychological impact of workplace accidents and ill-health incidents on employees),
finding that many of those affected will be unable to return to their work, or need a
change of job or role to accommodate their incapacity. There are also likely to be both
immediate and longer term economic consequences. Sadly, these issues are also seen
in Jersey, and it is not difficult to understand the call from those affected for legislation to
require the absence of all risk from the workplace.
In reality, the desire to remove all risk would be impossible to achieve and result in the
business having to close down. Nevertheless, this argument should not be used as an
excuse by those with responsibility in the workplace to justify the need to take no action.
Employers should consider health and safety as an integral part of their business
activity, and actively manage health and safety within the working areas under their
control. This includes the need to evaluate the risks created as part of their activities,
both of their everyday work and future projects.
“Health and safety” should therefore be seen as an important part of everyone’s working
life, with appropriate arrangements in place that are proportionate to ensure that, as far
as possible, no one is exposed to the unnecessary risk of a work related accident or
illness. The statistics and experiences of the Inspectorate demonstrate that everyone
involved with the workplace has much to do to achieve this aim.
Colin Myers MA, Dip Mgmt (Open), CMIOSH Director of Health and Safety