Hullo and welcome to the first issue of the Ryder Partnership Ltd fortnightly newsletter
“The Alchemist” in which we will keep you up to date on all the latest developments
in the world of health and safety.
We will provide a mix of News, Legal Updates, recent Court Cases, HSE Initiatives
and Best Practice articles.
So, without further ado, let’s get look at what the Health and Safety Executive are up to
and their latest initiative on employee wellbeing which as we know is a key part of
their future focus.
Thrive at Work – Create a Healthy and Happy Workplace
Thrive at Work is a workplace commitment with criteria and guidelines on creating an environment that promotes employee health and wellbeing. It focuses on key organisational enablers such as attendance management, policy, and procedures.
It also covers health areas such as mental, musculoskeletal, and physical.
To boost team happiness, increase retention rates, and enhance productivity sign up today! There is just enough time to complete the Foundation Level before the prestigious Annual Awards Event held in November.
If you have 8 employees or more and your primary office is located in the Midlands, you meet the criteria for this fully funded programme.
For further information from the Health and Safety Executive on mental health and work relates stress, go to:
www.hse.gov.uk/stress/mental-health.htm
Of course, the Health and Safety Executive not only offer advice on best practice they, also challenge companies which break the rules and people get hurt. Here is an interesting recent prosecution which could happen to any organisation, when not taking care of their electrical equipment and ignoring previous visits.
Health and Safety Executive inspectors visited UK Express Valeting Limited’s premises at Abraham Industrial Estate, Bishop Auckland, on 22 March 2022 after a previous visit in March 2020 resulted in enforcement action being taken. This was in relation to unsafe electrical installations and inadequate welfare facilities.
During the inspection in March 2022, several electrical installations were found to be badly maintained and dangerous. A prohibition notice was served by HSE, preventing the use of some of the work equipment which posed a risk of electric shock or electrocution.
The HSE also served UK Express Valeting Limited with an improvement notice requiring them to arrange for an electrically competent person to undertake a thorough electrical inspection and test of the fixed electrical installation and associated electrical equipment. The company was required to arrange for any defects identified to be rectified by an electrically competent person.
However, despite four other visits taking place over the following seven months, the company failed to take any action. At one these visits, it was noted that the electrical installations had further deteriorated, and two further prohibition notices were served on 26 July 2022, prohibiting the use of a roller shutter garage door control and a vacuum cleaner, as both had exposed live conductors which could cause an electric shock or electrocution.
Lack of maintenance put workers at ‘significant risk’
The HSE found workers at UK Express Valeting Limited were put at significant risk of electric shock or electrocution by the lack of maintenance and failure to put right the faults found with the electrical installations. It was also found that the company did not have valid employers’ liability compulsory insurance.
UK Express Valeting of Abraham Enterprise Park, Bishop Auckland, Durham, pleaded guilty to breaching the Health and Safety at Work etc. Act 1974 – for failing to comply with an Improvement Notice, Section 33(1)(g) and section 1(1) of the Employers Liability (Compulsory Insurance) Act 1969.
The company was fined £6,000 and ordered to pay £4,239.80 in costs at Peterlee Magistrates’ Court on 16 May 2023.
This case also raises the question of what the legal status of PAT Testing is.
Could an improvement notice or worse be avoided if it has not been done and the HSE make a visit. The answer in theory is yes you could because as the HSE themselves say
“PAT testing is not a legal requirement. The law simply requires an employer to ensure that their electrical equipment is maintained in order to prevent danger. It does not say how this should be done or how often”.
Employers should take a risk-based approach, considering the type of equipment and what it is being used for. If it is used regularly and moved a lot e.g., a floor cleaner or a kettle, testing (along with visual checks) can be an important part of an effective maintenance regime giving employers confidence that they are doing what is necessary to help them meet their legal duties. HSE provides guidance on how to maintain equipment including the use of PA Testing.
On the theme of inspections, I recently visited a company where a discussion was held on the standard of ladder required in the workplace. The company had purchased, in good faith, a number of sets of ladders which stated that they were manufactured to EN131 standard.
It was then confirmed with them, that this did not give sufficient information on which to categorically state that the ladders were fit for purpose, which was in question, due to their apparent instability and the use of lightweight materials.
Always check with your suppliers, that equipment is fit for purpose, before purchasing.
Health and Safety Legal Update – Thursday 21st September 2023; Stafford
COSHH Risk Assessment Training – Wednesday 15th November 2023; Telford
Mental Health First Aid, Level 2 – Thursday 16th November 2023; Telford
Manual Handling ‘Train the Trainer’ – Wednesday 22nd November 2023; Telford
For more information on our training courses,
please contact Rebeckah on reb@ryderpartnership.co.uk or call 07956734831