Latest Newsletter - December 11, 2019
Accidents and Incidents.
The latest statistics compiled by the Health and Safety Executive
….indicate there were 144 workers killed at work in one year with a further 72,702 other injuries to employees being reported under the Reporting of Injuries Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR).
All accidents and incidents, no matter how minor, need to be investigated to some degree to ensure that it can be assured that they are less likely to reoccur in the future and to assist in the monitoring of the health and safety management system.
Certain types of more serious incidents need to be recorded or reported using the online form to the HSE Incident Contact Centre under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013. So, this week I thought that I would look at this topic and provide guidance as to what you need to have in your company.
Accidents and Incidents.
What is reportable?
Deaths and injuries
If someone has died or has been injured because of a work-related accident this may have to be reported. Not all accidents need to be reported, other than for certain gas incidents, a RIDDOR report is required only when:
- the accident is work-related
- it results in an injury of a type which is reportable
Types of reportable injury
The death of any person
All deaths to workers and non-workers, with the exception of suicides, must be reported if they arise from a work-related accident, including an act of physical violence to a worker.
Specified injuries to workers
The list of ‘specified injuries’ in RIDDOR 2013 replaces the previous list of ‘major injuries’ in RIDDOR 1995. Specified injuries are (regulation 4):
- fractures, other than to fingers, thumbs and toes
- amputations
- any injury likely to lead to permanent loss of sight or reduction in sight
- any crush injury to the head or torso causing damage to the brain or internal organs
- serious burns (including scalding) which:
- covers more than 10% of the body
- causes significant damage to the eyes, respiratory system or other vital organs
- any scalping requiring hospital treatment
- any loss of consciousness caused by head injury or asphyxia
- any other injury arising from working in an enclosed space which:
- leads to hypothermia or heat-induced illness
- requires resuscitation or admittance to hospital for more than 24 hours
For further guidance on specified injuries is available.
Over-seven-day incapacitation of a worker
Accidents must be reported where they result in an employee or self-employed person being away from work, or unable to perform their normal work duties, for more than seven consecutive days as the result of their injury. This seven day period does not include the day of the accident, but does include weekends and rest days. The report must be made within 15 days of the accident.
Over-three-day incapacitation
Accidents must be recorded, but not reported where they result in a worker being incapacitated for more than three consecutive days. If you are an employer, who must keep an accident book under the Social Security (Claims and Payments) Regulations 1979, that record will be enough.
Non fatal accidents to non-workers (eg members of the public)
Accidents to members of the public or others who are not at work must be reported if they result in an injury and the person is taken directly from the scene of the accident to hospital for treatment to that injury. Examinations and diagnostic tests do not constitute ‘treatment’ in such circumstances.
There is no need to report incidents where people are taken to hospital purely as a precaution when no injury is apparent.
If the accident occurred at a hospital, the report only needs to be made if the injury is a ‘specified injury’ (see above).
Occupational diseases
Employers and self-employed people must report diagnoses of certain occupational diseases, where these are likely to have been caused or made worse by their work: These diseases include (regulations 8 and 9):
- carpal tunnel syndrome;
- severe cramp of the hand or forearm;
- occupational dermatitis;
- hand-arm vibration syndrome;
- occupational asthma;
- tendonitis or tenosynovitis of the hand or forearm;
- any occupational cancer;
- any disease attributed to an occupational exposure to a biological agent.
Further guidance on occupational diseases is available.
Specific guidance is also available for:
Dangerous occurrences
Dangerous occurrences are certain, specified near-miss events. Not all such events require reporting. There are 27 categories of dangerous occurrences that are relevant to most workplaces, for example:
- the collapse, overturning or failure of load-bearing parts of lifts and lifting equipment;
- plant or equipment coming into contact with overhead power lines;
- the accidental release of any substance which could cause injury to any person.
Further guidance on these dangerous occurrences is available.
Gas incidents
Distributors, fillers, importers & suppliers of flammable gas must report incidents where someone has died, lost consciousness, or been taken to hospital for treatment to an injury arising in connection with that gas. Such incidents should be reported using the Report of a Flammable Gas Incident – online form.
Registered gas engineers (under the Gas Safe Register,) must provide details of any gas appliances or fittings that they consider to be dangerous, to such an extent that people could die, lose consciousness or require hospital treatment. The danger could be due to the design, construction, installation, modification or servicing of that appliance or fitting, which could cause:
- an accidental leakage of gas;
- incomplete combustion of gas or;
- inadequate removal of products of the combustion of gas.
Unsafe gas appliances and fittings should be reported using the Report of a Dangerous Gas Fitting – online form.
Recommendations for employers
Legal obligations
- The and Safety at Work etc Act 1974
- Health and Safety (First Aid) Regulations 1981
- Management of Health and Safety at Work Regulations 1999
- Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR)
- Social Security Administration Act 1992
- Social Security (Claims and Payments) Regulations 1979.
Case Law
Supermarket giant Tesco was prosecuted for not reporting staff accidents properly at two of its Berkshire stores for incidents, which took place in 2009 and 2010.
Council officers discovered Tesco had failed to report two employee accidents at its Warfield store and another at its store at The Meadows in Sandhurst.
The failures were uncovered during an investigation into the retailer’s failure to stop an unsafe working practice that involved using a metal plate to unload vehicles at the Warfield store.
Tesco was fined £34,000 after pleading guilty to three breaches of Regulation 3 of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995. (These Regulations were those in force prior to the current 2013 Regulations).
If you want guidance as to your duties re Accidents and Incidents please contact us by phone 01458 253682, email or via our Facebook page or by Twitter.
Taunton & Somerset CPD Group at The Exchange House Taunton
Please remember that we now run these CPD events at the Exchange House, 12 – 14 The Crescent, Taunton TA1 4EB on a fortnightly basis
Please Note: These will commence again in January 2020
Some of our Online Training courses are CPD Certified
As regular readers will be aware, we run Online training courses which are being well received. Well we are now pleased to be able to report that 24 of these have just been CPD Certified the list of these are:
- Accident Investigation Interactive
- Anti – Bribery & Corruption Interactive
- Anti – Money Laundering Interactive
- Asbestos Awareness Interactive
- COSHH Interactive
- Display Screen Equipment (DSE) Interactive
- Driver Safety Interactive
- Environmental Awareness Interactive
- Equality Diversity Interactive
- Fire Safety Interactive
- Fire Warden Interactive
- Food Hygiene Level 2 Interactive
- GDPR and Data Protection Interactive
- Health And Safety Induction Interactive
- Infection Prevention and Control
- Information Security Interactive
- Lone Working Interactive
- Manual Handling Interactive
- Mental Health Awareness Interactive
- Office Safety Essentials Interactive
- Risk Assessment Interactive
- Safeguarding Children Interactive
- Slips, Trips and Falls Interactive
- Working at Height Interactive
COURSE COSTS:
Prices exclude VAT – price reduction includes multiple users across multiple courses. Remember – There is no limit on the time it takes to use the credits
Special Offer!
All online training courses are reduced by 20% for the next few weeks. The discount will be applied at the checkout automatically.
Introducing a new member to our team.
Julia Talbot-Williams
Julia is joining the team in the new year. She has for many years been working as Health and Safety, Environment, Quality and Compliance Manager in the food and cold storage facilities business. As well as being well qualified Julia has a sound knowledge of CDM regulations and management of the Health and Safety file and Construction Phase Plan. She is also fully trained in workplace transport – tachos, working time directive, drivers’ hours, defect reporting. Julia can also help you reach ISO 45001 accreditation.
She has extensive training in Environmental matters and can help you put procedures in place to ensure compliance with an environmental permit and can help you manage and review your environmental management system to ensure attainment and continued certification to ISO14001. Julia can also assist clients implement and manage various management systems including BRC Storage, ISO 9001, PAS110. ISO 14001: 2015 and ISO 45001 in order to attain certification.
Halfords fined
…after employee pinned to wall by boxes 
Bike and car parts retailer Halfords Ltd has been ordered to pay a total of £213,406.35 by Blackburn Magistrates’ Court for breaching a number of health and safety provisions following an accident in which an employee was injured.
The Court heard that on 11 December 2016 an employee was working at the store on Mariners Way, Preston and he had been asked by the store manager to start moving a delivery of boxed bikes from the ‘goods in’ area to another location upstairs in order for them to be assembled.
A total of 72 boxed bikes had been delivered to the store the previous day and they had been stacked two or three high on their narrow ends. There was a variety of sizes of bikes, each weighing between 10-20 kg. No supports had been used to secure the bikes or to prevent them from toppling over.
Whist removing a boxed bike from the stack, some of the boxes fell forwards onto other boxes causing a domino-type effect, culminating in the employee being pinned to the wall by a number of heavy boxes. They fell on his chest causing him difficulty with breathing. He managed to call to a colleague who helped to free him. It was later learnt that the employee had suffered a suspected cracked rib.
An investigation by health and safety inspectors from Preston City Council revealed that there were a number of failings, including failing to:
- Undertake a risk assessment for stacking boxed bikes;
- Provide employees with appropriate training in relation to boxed bikes;
- Adequately control and manage the stock of boxed bikes.
It was found during the investigation that the store was overstocked by 91 bikes and the bike storage areas were overcrowded.
Past incidents
During the investigation health and safety inspectors were misled by Halfords Ltd who told them that this was an isolated incident. However, further enquiries by the council found this not to be the case. It was also discovered that Halfords Ltd had not learnt from past incidents in Hemel Hempstead, Letchworth Garden City and Blackburn stores and had failed to implement recommended control measures.
Mr Jonathan Laidlaw QC defending for Halfords Ltd said Halfords had instructed outside experts to conduct a full manual handling risk assessment, that Halfords had employed a new Group Head of Health and Safety, launched a new training programme and had reviewed its storage arrangements and lowered the numbers of bikes being stored on site. The Court was also shown evidence that Halfords had reduced bike stock in all stores by approximately 65,000 units. Mr Laidlaw also said that the company had a good health and safety record having never previously been prosecuted for health and safety offences since the company was formed in 1909.
In his remarks District Judge Clarke said that Halfords had substantial health and safety systems in places but they had not been fully adhered to, in that they were shown to be inadequate during the seasonal period. He was concerned by the fact that the company were slow to react to the circumstances. However, he recognised the level of investment by Halfords in risk assessment and the way in which they have tackled this issue by sourcing outside experts and reviewing their stock management procedures.
Craig Sharp, Chief Environmental Health Officer at Preston City Council, said:
“We are pleased that the outcome reflected the seriousness of this case and the Court imposed a substantial fine on Halfords Ltd. It was fortunate that more serious injuries were not suffered by the employee.
“Undertaking risk assessments and implementing robust training measures for staff should be priorities for all businesses.
“It is particularly important that retailers carefully control their stock levels during this busy festive period and ensure back-of-house storage areas are not over-stocked and hazardous. Any employees with serious workplace safety concerns should raise those with their employer, or if necessary contact the council’s Environmental Health service.”
Halfords Ltd was fined £200,000 for breaching Section 2 (1) of the Health and Safety at Work etc Act 1974 with costs of £13,286.35 and a victim surcharge of £120.
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If you have any queries on any health and safety matter, please contact Jon Wilkins on 01458 253682 or by email on [email protected]