This week’s blog from Lauren is about your legal responsibilities when the new legislation comes out in April.

Read it all here and let us know what you think!

We’ve now got a blog on Building – check out Lauren’s post below:

http://blog.building.co.uk/2010/02/26/ice-ice-baby-%e2%80%a6-heavy-snow-retur...

A Glasgow-registered recycling company and a director have been fined a total of £145,000 for exposing workers to toxic mercury fumes at a site in West Yorkshire.

Twenty employees had levels of mercury in their system above UK guidance levels, and five of them showed extremely high levels following the exposure between October 2007 and August 2008. Electrical Waste Recycling Group Ltd (EWR), formerly known as Matrix Direct Recycle Ltd, recycles electrical equipment, including fluorescent light tubes containing mercury and TV sets and monitors containing lead.

The court heard that ventilation problems at a plant on School Lane, Kirkheaton, Huddersfield, meant employees were being exposed to potentially harmful emissions from both substances.

EWR was fined £140,000 and ordered to pay £35,127 costs at Bradford Crown Court after pleading guilty to breaching Section 2(1) of the Health and Safety at Work etc Act 1974, three separate breaches of the Control of Substances Hazardous to Health Regulations 2002, and one breach of the Control of Lead at Work Regulations 2002.

You can find more about this prosecution and others here: www.barbour.info

Man Jailed for Fly-Tipping

The operator of an illegal waste site has been given a four-week prison sentence by Bristol magistrates. The case was brought by the Environment Agency and Bristol City Council.

Appearing before Bristol magistrates, Gregory Moreton, 54, of Orland Way, Longwell Green, Bristol received a four week custodial sentence after pleading guilty to three offences under the Environmental Protection Act 1990 and Environmental Permitting Regulations 2007, including operating a waste site without an environmental permit, failing to remove controlled waste and failing to provide documentation for consignments of hazardous waste.
 

Moreton also received a four-week prison sentence, to run concurrently, for a fly-tipping offence. The fly-tipping prosecution was brought by Bristol City Council. Mr Moreton is appealing both sentences.

To read more, sign up to our briefing here: http://www.barbour.info

New Asbestos Guidance 
The new asbestos survey guide HSG 264 which replaces the existing guide for bulk sampling of asbestos in commercial and domestic properties, MDHS 100, is now available on the Barbour service. Barbour have also provided some expert advice on what these changes mean for you.

Click here to find out more: http://barbour.cmp-info.com/c/16J3E8fb2cVspm1n8

The CIPD have said employers must be flexible during the harsh weather conditions and should not force staff to ‘risk life and limb’ getting to work. With schools across the country closed, many parents have been left with care problems, and with trains being cancelled and motorists being warned only to make essential journeys many staff have been unable to get to work or have opted to work from home.

Whilst many people may not be able to travel to their workplaces; business does not have to stop entirely. With good business continuity and safety policies in place, together with a good communication system, business can continue to operate.

Employers have many things to consider, including safety within the workplace, minimum temperatures (see below for our Do Not Forget box), arrangements if the office needs to close, business continuity, the safety of employees (plus the general public and contractors) and ensuring good communication.

These aspects are featured in more detail below.

It may be necessary to make quick decisions about closing the office or sending people home. These should be made considering risks and hazards, likelihood and severity, and ensuring that safety always comes first. You may wish to make decisions in conjunction with your health and safety representative and office manager.

Advice to Those with Responsibility for Health and Safety

At times of extreme and dangerous weather it is essential that communication is retained throughout the workforce. Staff must be instructed as to what company policy is, how to follow it and who to communicate with if they have any queries. A model policy is available, from Barbour, which can be tailor-made for your company’s individual needs.

A number of health and safety issues may need to be addressed:

* risk assessment - it must be made clear who the final decision makers are in times of bad weather, in terms of when people should leave the workplace or if a workplace should close down entirely for a specified period. The five stages of risk assessment should be applied, as always, and a decision made by a competent person

* safety in the workplace - with fewer people in the workplace, lone working situations may arise and it should be ensured that communication is maintained with any employees in this situation and that non essential high risk tasks are avoided. Consideration should also be given to vulnerable workers such as pregnant and disabled employees

* emergency arrangements - due to low staffing levels consideration needs to be given to arrangements for dealing with emergencies such as failures of safety critical systems, persons trapped in lifts, first aid incidents, fire evacuations, power failures, workplace temperatures falling below the minimum guidelines etc (see Do Not Forget)

* working from home - this type of working might be seen as a solution, but employers should be aware that it is also their responsibility to ensure their employees' health and safety if they are working from home. Home working risk assessments should be undertaken to ensure employees are able to comfortably and safely work from home

* driving for work - it should be ensured drivers are allowed extra time to complete journeys and factor in alternative routes and that they are not pressurised to complete any journeys made dangerously difficult by the weather. A detailed guide is available

* slips trips and falls - walking to and from car parks or between buildings at work during this weather requires special attention to avoid slipping and falling. Slips and falls are some of the most frequent types of injuries during the winter months. Employees should be reminded to avoid boots or shoes with smooth soles and heels, such as plastic and leather soles and instead, wear a pair of well insulated boots with good rubber treads and to walk slowly and with shorter steps when on icy surfaces. Main pathways and steps should be cleared as far as possible of snow and ice to allow safe access to the buildings. Employees should be reminded to remove as much snow and water from their boots as they can when entering buildings as water from melting ice on the floor can also lead to slippery conditions. updates - any company specific news should be sent out by email and published on any intranet sites

* employees trapped at work - employers should keep an eye on the weather throughout the day, taking care that employees don't get trapped at work and put at risk if snow starts to fall. Communication lines need to be in place to ensure a workplace can be closed down relatively quickly if necessary

* contractors - it is important to consider contractors, freelancers and part time staff. Make sure you have a list of ways to contact all people who usually work within your workplace

* members of the public - ensure that suitable and sufficient signage is displayed to inform the public of important information

* PPE - if outdoor working is required, ensure that suitable and sufficient PPE is provided, including suitable gloves control methods reasonable methods to lower risk, where possible. Methods should be put in place for lone and home working (as above).

Do Not Forget

* communication is paramount. Make sure everyone is kept informed of changes

* contractors, freelancers and part time workers may also need contacting

* it is important to consider inside temperature and comfort for staff. Workplaces should not drop below 16 degrees Celsius (13 degrees Celsius where work requires severe physical effort)

* snow and ice are hazards that may result in slips, trips and falls. Advise staff of the correct footwear, use signage where possible, and ensure that icy surfaces are gritted accordingly

* driving to and from the workplace can be dangerous in times of extreme weather.

Further Information

The TUC has also advised companies to ensure they have a bad weather policy, which sets out what is expected of staff and what they should do when snow, ice and a lack of transport prevents them from getting to work. A model policy is available, which can be tailor-made to your companies needs. Information on weather conditions is available from the Met Office or local radio broadcasts.

For more information, check out this link: http://www.barbour-ehs.com/downloads/coping-with-snow--ice-kit.aspx