In Brief

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NEW EA SANCTION POWERS
The Environment Agency (EA) is consulting on new civil sanction enforcement powers likely to come into use for some offences by September 2010. They will not replace existing powers to prosecute.

The powers would include:
  • Compliance Notice - a written notice requiring actions to comply with the law, or to return to compliance, within a specified period;
  • Restoration Notice - a written notice requiring steps to be taken, within a stated period, to restore harm caused by non-compliance, so far as possible;
  • Fixed Monetary Penalty - a low-level fine fixed by legislation that may be imposed for a specified minor offence - to be used sparingly;
  • Enforcement Undertaking - an offer by an organisation to counter a non-compliance and its effects, that is formally accepted by the EA;
  • Variable Monetary Penalty - a proportionate monetary penalty for more serious offences while the EA is seeking to ensure that restoration is carried out and any financial gains or savings are removed without using the criminal system; and
  • Stop Notice - a written notice which requires an immediate stop to an activity that is causing serious harm or presents a significant risk of causing serious harm.

In general, criminal proceedings cannot be pursued for an offence where a civil sanction has been served or agreed. Typically, civil sanctions require a ‘notice of intent' to be served. This provides the recipient with the opportunity to make representations before a decision is taken to impose a civil sanction. Any civil sanctions can be appealed.

The EA will be required to publish the details of any enforcement action taken.

The consultation is available from https://consult.environment-agency.gov.uk/portal/ho/br/civil/sanctions?pointId=1269274583252

SUPPLY CHAIN RESEARCH
A literature review carried out for IOSH IOSH finds that overall there was a notable lack of rigorous evidence on how supply chains affect health and safety management and performance.

There was considerable support for the suggestion that supply chain dynamics often have adverse health and safety effects through downward cost pressures leading to suppliers having more fragmented health and safety management arrangements. Adverse indirect effects can also occur alongside initiatives by organisations at the top of the supply chain to directly influence and improve how their suppliers manage health and safety. These initiatives included:

  • procurement strategies that use health and safety standards to select contractors;
  • certification schemes aimed at verifying the competences of contracting organisations and those working for them; and
  • requirements for risk assessment and communication on work sites involving multiple contractors and subcontractors.

The findings suggest that the potential to use the supply chain to improve health and safety management and performance is unlikely to be harnessed, solely for market-based reasons.

The attention paid to health and safety-related issues by supply chain buyers varies considerably. Attempts by buyers to influence their suppliers' health and safety management will be more effective where:
  • they are supported by adequate monitoring and penalty arrangements; and
  • the relationship is relatively collaborative and trust based.

‘Understanding the role of supply chains in influencing health and safety management and regulation' can be downloaded from www.iosh.co.uk

ISO 9001
Guidance on the standard used as a framework for providing assurance about the supplier's ability to satisfy quality requirements is now available. ‘ISO 9001 - What does it mean in the supply chain?' can be obtained from www.iso.org

SUBSIDISED HSE TRAINING
Two new heavily subsidised or free health and safety training courses to help organisations achieve the potential benefits associated with a collaborative approach to health and safety at work (lower accident rates, increased productivity, efficiency and quality) are available from the HSE in association with a third party training provider, Premier Partnership.

The courses are:
  • HSE subsidised introduction to worker involvement for health and safety representatives course to help organisations get started with worker involvement (where 75% funding is available), or;
  • HSE funded joint training courses for managers and health and safety reps to improve existing arrangements for involving workers (where 100% funding is available).

To register visit www.hse.gov.uk/involvement/doyourbit/subsidised-training.htm or call 01302 349629.

RIGHT TO TRAIN NOW IN FORCE

Workers in businesses which employ more than 250 people now have the legal right to request time off to take up relevant training. The right will be made available to all employees from April 2011.

The legal right allows employees to request time to undertake relevant study or training that employers are required to consider seriously. T The training should improve the employee's effectiveness in their job and contribute to improved business performance and productivity. Employers are not obliged to approve every request - they can be turned down if there is a good business reason to do so.

Guidance for employers on the right to time to train is available on the Business Link website: www.businesslink.gov.uk/timetotrain

ENGAGING EMPLOYEES GUIDANCE
New guidance published on www.businesslink.gov.uk/employeeengagement is designed to help employers reap the benefits of effective engagement. These are said to include greater productivity, higher levels of innovation and lower rates of sickness and absence. The guidance includes downloadable tools and templates that employers can use to put principles into practice.

FIRE CAPABLITIES
New Regulations in force from last month require every employer entrusting tasks to employees to take into account their health and safety capabilities, so far as those capabilities relate to fire.

The Regulations apply to England only and mirror reg.13(1) of the MHSWR.

Copies of The Fire Safety (Employees' Capabilities) (England) Regulations 2010 can be obtained from www.opsi.gov.uk/si/si2010/uksi_20100471_en_1

FIRE FAILURE
Research from insurer RSA RSA says that a quarter of workers have never participated in a full fire evacuation of their workplace, despite government guidelines suggesting full drills be undertaken once a year. One in 20 UK workers also admitted their workplace had no marked fire exits at all. In addition 6 per cent of people questioned admitted they would stop to pick up a cup of tea or coffee when the fire alarm sounds before heading out of the building.

Of the 2,044 UK adults questioned, one in ten workers said they sit at their desks for more than a minute before getting up to leave the building upon hearing the alarm go off, regardless of whether they believe there is a real fire or not. The average time that an employee waited before reacting to an alarm was 36 seconds. Nearly half said they would spend time retrieving personal belongings or work documents before vacating the building.

LEGIONELLA STANDARD
The BSI is consulting on BS 8580 which gives recommendations and guidance on the assessment of the risk of legionellosis presented by artificial water systems. It applies to risk assessments being undertaken on premises, plant and systems for the first time.

Copies of ‘BS BS BS 8580:2010 Water quality - Risk assessments for Legionella control - Code of practice' can be obtained from http://shop.bsigroup.com/en/

Copyright Schofield Publishing 2005-2008. www.healthandsafetymonitor.com

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