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March/April 2023 issue

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Construction
News

HSE to consult on new FFI disputes procedure ahead of court action

Open-access content Thursday 9th February 2017
From the archive:  Just so you know, this article is more than 3 years old.

hse-logo-hero__2

Introduced in 2012, the HSE's FFI scheme inspectors who find material breaches of regulations that fall short of warranting prosecution or enforcement notices are required to issue businesses with notices of contravention, which trigger invoices for the enforcement activity.

Businesses will be charged for all work, including any letters written, any notices drafted and issued, and any checks undertaken. Should the case end up in the courts, all of the HSE's work up to that point will be charged.

Appeals against FFI bills are first judged by the issuing inspector's manager but complainants can move to a second stage where the complaint is adjudicated by a three-person panel consisting of two HSE staff and an independent person. If the panel does not approve the appeal, the complainant must pay the costs of adjudication at £129 an hour.

OCS Group UK launched its application for a judicial review, in which the court rules on the fairness of an administrative action by a public body, after failing to overturn a decision on an FFI bill issued for its management of hand-arm vibration.

It argued the disputes panel does not have the independence required to fairly scrutinise the inspectors' decisions and its complaint will be heard at the High Court on 8 and 9 March.

The HSE, which says it has "always kept the dispute process under review", now plans to consult with stakeholders "with a view to making the process fully independent".

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 HSA plans 11,000-plus workplace inspections and investigations for 2017

Wednesday 8th February 2017
The full total of 11,220 inspections proposed by the agency for 2017 also includes more than 1,400 to check compliance with chemicals regulations.The agenda – which provides details of planned actions, priorities and inspection objectives for the year – says 4,000 construction site inspections will take place. The HSA says it will pay particular attention to small construction companies, self-employed workers, one-off builds and smaller sites through the development of initiatives to further raise safety and health awareness.
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 Jail sentence for director after fireball burned worker

Thursday 9th February 2017
The Health and Safety Executive (HSE) investigation found that David Gordon Stead, of Mildred Street, Beddau, had failed to ensure that the burning of waste material was being carried out safely. On the day of the incident, a young worker was instructed to stand on top of a skip and pour a drum of flammable thinners onto the burning waste to aid the burning process.
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 Roofer handed ‘merciful sentence’ after hotel fire

Friday 10th February 2017
Roy Cross, the owner of Roofcraft, was repairing the roof of Mount Murray Hotel and Country Club’s accommodation block, which included replacing lead sheets with fibreglass in the roof valleys.   Cross and two of his employees had stripped some of the lead and were laying flammable fibreglass resin onto plywood sheets in the valley on 6 November 2013 when it started to rain. Work was halted for the day and the area was covered to keep it dry.
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 Builder jailed for worker’s fatal fall

Monday 13th February 2017
Manchester Crown Court heard last week that the 45-year-old labourer had been carrying out repair work at Witney Mill, a warehouse in Manchester, when the incident occurred on 23 November 2013.Building contractor Saleem Hussain had been hired by the warehouse owner, who believed him to be competent, to carry out repair and maintenance work on the warehouse roof. Hussain then hired two workers to undertake the repairs.
Open-access content

 CO exposure on construction site left worker hospitalised

Tuesday 31st January 2017
The workers were using a petrol saw to cut out an existing concrete floor at a fish factory in Hull. In order to protect the factory’s surfaces from dust, they created a sealed enclosure from timber and polythene. The space was not ventilated and in October 2015 there was a build-up of carbon monoxide from the saw, which left one worker hospitalised. The Health and Safety Executive’s (HSE) investigation found Westland had not planned the work and failed to consider the dangers of an un-ventilated tent.
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 *UPDATE* Jail term for director after fireball burned worker

Monday 20th February 2017
The Health and Safety Executive (HSE) investigation found that David Gordon Stead, director of Stead Construction Services (SCS), had failed to ensure that waste material was burned safely. On 28 May 2015, Bradley Rossiter was instructed to stand on top of a skip and pour a drum of flammable thinners onto the burning waste to aid the burning process.
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  Morrisons’ £3.5m fine is ‘a warning to all employers’, says council

Friday 24th March 2023
Morrisons supermarket has been fined £3.5 million for failing to ensure the health and safety of an epileptic employee who died after falling from a shop stairway.
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 IOSH launches new five-year strategy

Tuesday 21st March 2023
IOSH launches its new five-year strategy this spring. It will build and act on the reshaped purpose and ambition gained during WORK 2022, which ran from 2017 to 2022.
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 Risk & Compliance software provider collaborates with HSE and Costain to improve risk management on worksites

Friday 17th March 2023
A Belfast-based Risk & Compliance software provider has been collaborating with the Health and Safety Executive (HSE) and construction giant Costain as part of an ongoing project to unlock artificial intelligence’s (AI) potential in improving the management of risks on worksites.
Open-access content

Latest from Construction

web_Cranes-on-construction-site_credit_iStock-1352083784.jpg

 Risk & Compliance software provider collaborates with HSE and Costain to improve risk management on worksites

Friday 17th March 2023
A Belfast-based Risk & Compliance software provider has been collaborating with the Health and Safety Executive (HSE) and construction giant Costain as part of an ongoing project to unlock artificial intelligence’s (AI) potential in improving the management of risks on worksites.
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 Musculoskeletal disorders in construction

Thursday 2nd March 2023
Ian Whittles, an HSE construction inspector, reveals the cultural challenges in the sector, the drive behind the Work Right campaign and the musculoskeletal benefits it hopes to achieve.
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 Principal contractor handed £146k fine for fatal excavator crush goes into liquidation

Tuesday 14th February 2023
Birch Brothers (Kidderminster) Ltd was the principal contractor on a construction project in Derbyshire that was building a concrete overflow weir structure on the site. The Midlands firm had brought in steel fixers and joiners to undertake the work.
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Latest from Regulation/enforcement

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 A reasonable balance to strike

Friday 24th March 2023
Safety interventions should be practicable and cost-effective, but too much of an imbalance towards safety does not make economic sense for employers, argues Geoff Vaughan, who suggests ‘gross disproportion’ provides a practical limit.
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 Spring budget and occupational health

Friday 17th March 2023
Richard Jones CFIOSH, comments on the occupational health aspects of the Chancellor Jeremy Hunt's first budget statement.
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 Health and safety regulations at risk under draft law

Monday 13th March 2023
A proposed new law aims to revoke EU-derived legislation, including life-saving protections, by December 2023, unless specifically kept or replaced – Richard Jones CFIOSH explains how OSH practitioners can get involved.
Open-access content
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