Manslaughter sentence for driver
A driver who killed his best friend by running him over with a 20-tonne dumper truck has been jailed for 18 months. Newcastle Crown Court heard that James Johnston hit David Liddle with his overloaded vehicle as he walked across the works yard at waste firm Alex Smiles Ltd in December 2007. Johnston’s vision was obscured and he admitted to “driving by instinct” at the time.

Alex Smiles Ltd had previously been sentenced for failing to manage site traffic safety and fined £18,000.
Johnson was convicted of manslaughter by gross negligence. He pleaded guilty to the offence.

• The first prosecution under the Corporate Manslaughter and Corporate Homicide Act 2007 is due to be heard in June.

Contractor fined for allowing workers to sleep on site
A principal contractor who allowed five migrant Polish workers to use a site as sleeping accommodation has been fined £1,000 by Hull Magistrates Court.

The court was told that premises in Edgecumbe Street in Hull contained a large amount of flammable material such as wood and rubbish, and also many sources of ignition. These included the unsafe electrical system, the workers smoking and drinking on site, and the need for heaters in the sleeping accommodation. There was no means of escape or of raising the alarm in the event of a fire. This endangered not only the men sleeping on site but also, potentially, the residents of the nearby terrace of houses.

Principal contractor Asaad Al-Helu had also failed to prepare a construction plan before the start of construction work, which should have brought to light the risks from fire, work at height and site electrics. The plan would have enabled safe working practices to be used. Al-Helu pleaded guilty to two offences under s.33(1) of the HSWA and was ordered to pay costs of £1,149 plus a Victims’ Surcharge of £15.

Noise and vibration on construction sites
Building site noise and vibration certainly disturbs neighbours and the public but it is also a sure sign that site exposures need close attention. The BSI has just issued two new Standards in this area:

• BS 5228-1:2009 ‘Code of practice for noise control on construction and open sites’;
• BS 5228-2:2009 ‘Code of practice for vibration control on construction and open sites’.

Legislation around noise and vibration control is described in the standards, along with construction-specific guidance. Recommendations are given on procedures for working with developers, site operators and local authorities to reduce environmental noise and vibration. Although environmental controls can also help to reduce worker exposure, these Standards do not cover techniques for measuring or controlling individual exposures to these two ‘physical agents’.

BS 5228-1:2009 gives basic methods of noise control relating to construction and open sites. It applies to significant noise levels. It also provides guidance on methods of predicting and measuring noise and assessing the impact on those exposed to it.

BS 5228-2:2009 recommends basic methods of vibration control relating to construction and open sites where work activities/operations generate significant vibration levels. Guidance is also provided on methods of measuring vibration and assessing its environmental impact.

Both Standards be obtained via: www.bsigroup.com/Shop/Publication-Detail/?pid=000000000030141423
or by calling 0845 080 9000

Code of practice on designing buildings to meet disabled people's needs
The BSI has released BS 8300:2009 ‘Design of buildings and their approaches to meet the needs of disabled people. Code of practice’ which explains how the built environment can be designed to anticipate, and overcome, restrictions that prevent disabled people making full use of premises and their surroundings.

An accessible environment is one which a disabled person can enter and make use of independently or with help from a partner or assistant, including being able to escape in the event of fire or other emergency (See BS 9999 ‘Code of practice for fire safety in the design, management and use of buildings’).
Some facilities can be designed in such a way as to incorporate access for disabled people. In other situations, additional features such as grab bars, touch legible signs and hearing enhancement systems might be needed.

The guidance in BS 8300 covers a wide range of disabilities and the use of the built environment by disabled people who can be residents, visitors, spectators, customers, employees, or participants in sports events, performances and conferences.

BS 8300 gives recommendations for the design of buildings and their approaches to meet the needs of disabled people (including, where appropriate, disabled children). It applies to car parking provision, setting-down points and garaging, access routes to and around all buildings, and entrances to, and interiors of, new buildings. The recommendations also apply to routes to facilities associated with and in the immediate vicinity of buildings.

Copies cost £240 or £120 for BSI members.

Amendment to PPE standard
The BSI has issued BS 8405:2003+ Amendment 1:2009 ‘Personal protective equipment against falls from a height. Descender devices. Single-hand operated descender devices for self or assisted rescue’. BS 8405 specifies performance requirements for descender devices used for protection from falls. It specifically applies to those that are controllable by one person using one hand only, to be used for self-rescue, rescue assisted by a second person, or where the rescuer and rescuee descend in tandem.

Copies can be obtained from www.standardsuk.com

Working time opt-out talks continue
The ongoing saga that is the debate over the UK’s right to opt out from working a 48 hour week continues. The European Parliament has voted for the opt out to end, but disagreement with the Member States over whether this should happen has led to the EU’s Conciliation Committee attempting to resolve differences. However, talks on the matter had broken down as we went to press. The Parliament has called for the opt out to end in three years time. The UK Government has said that it will not give up the opt out.

Pleural plaques change likely
The British government has given a strong hint that legislation will be put in place to allow those with pleural plaques to claim compensation. Pleural plaques indicate exposure to asbestos, but do not necessarily predict that a person with them present will suffer from any of the fatal illnesses such as mesothelioma associated with the substance. A change in the law would overturn a House of Lords ruling preventing those with pleural plaques from claiming compensation. Prime Minister Gordon Brown said in Parliament that asbestos sufferers deserve “the best of help” from the Government, and admitted it was right to re-consider compensation. If such legislation is put in place Britain will follow the Scottish Parliament which has already introduced similar legislation. Insurers have indicated their intention to oppose the legislation in Scotland as the potential for claims is high.

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