All Health & Safety Reps - Briefing Note 03/08

Health and Safety Law Poster to be Amended
On 19th May 2008, the HSE published CD218, Proposals for amendments to the Health and Safety Information for Employees Regulations 1989. It sets out proposals for amending the Health and Safety Information for Employees Regulations 1989, which require employers to provide information to their employees relating to health, safety and welfare at work, generally by display of a poster or by distributing leaflets.

A recent review of the current approved poster found that employees thought it was boring and seldom read it. The proposed amendments would allow the HSE to approve and publish new posters and leaflets which do not require the addition of updating information by employers displaying them, while maintaining or improving employees' access to useful information.

The existing posters may continue to be displayed under the proposals, provided they are readable and provide up-to-date information on contacting the enforcing authority and the Employment Medical Advisory Service (EMAS).

RIDDOR Guidance Updated
The HSE has published a new edition of A Guide to the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995. It contains the same Regulations (with minor changes to Regulation 2) but brings the associated guidance up to date, particularly in relation to the changes in reporting arrangements and the need to use the Incident Contact Centre.

Other amendments have been made to reflect changes in legislation, such as the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2007, and the Control of Substances Hazardous to Health Regulations 2002, among several others. Schedule 2 has been revised to take into account the Manufacture and Storage of Explosives Regulations 2005.

The new guidance is available from HSE Books.

Buncefield Civil Action Commences
At a preliminary hearing in May 2008, a High Court summary judgment was made against Total UK and Hertfordshire Oil Storage Ltd (HOSL), ruling that the Buncefield depot fire, which engulfed 20 large fuel storage tanks and injured 43 people, was the result of negligence. The civil action was brought by victims of the 2005 explosion and fire. HOSL is a joint venture between Total and Chevron, and the companies had conceded earlier that negligence by a supervisor was responsible for the fire, but refused to admit either civil or criminal liability for the incident.

The negligence ruling means that the issue will not have to be argued when the case goes to a full hearing in October 2008. Total UK intends to argue that it should not be liable for damages because it could not reasonably have foreseen that the incident would cause the destruction it did. The seat of the fire was in the HOSL compound at Buncefield and subsequent investigations found that faulty safety equipment and human error were responsible.

The claimants seeking damages asked the Court for permission to amend their case, adding an allegation of public nuisance to the existing charge of private nuisance. This was granted by the judge, giving the claimants an additional chance of securing compensation. If no settlement is reached prior to the hearing date, the judge will rule on liability and the size of any damages.

Buncefield Investigation Board Publishes 8th Report
On 15th July 2008, the Health and Safety Executive published online the Buncefield Investigation Board’s 8th report, entitled Recommendations on land use planning and the control of societal risk around major hazard sites.

The report can be downloaded here.

Prosecution Follows Firework Factory Fire
On 3rd December 2006, two fire-fighters died while tackling a blaze at the Festival Fireworks premises near Ringmer in East Sussex. Twelve other people were injured in the explosions and fire, including nine fire-fighters and a police officer. The owner of the company and his son have now been charged with manslaughter. The company, now known as Alpha Fireworks Ltd, has been summonsed for breaches of the Manufacture and Storage of Explosives Regulations 2005. It has a previous conviction for a breach of explosives regulations.

UK Working Time Directive Opt-Out to Continue
In June 2008, the UK Government reached an agreement with the EU Employment Council to continue its opt-out from the Working Time Directive (WTD) and the Agency Workers’ Directive, despite opposition from the TUC who claim that progress on excessive working hours has been slow following the implementation of the WTD in 1998. More than 3.3 million people now work for more than 48 hours per week. The UK has the longest average hours in Western Europe, without any noticeable increase in productivity.

An agreement on agency workers was reached by a joint CBI and TUC declaration in May 2008, to the effect that subject to a 12-week qualifying period, agency workers will be given equal treatment in their employment.

Phill Grimes
National Lead on Health and Safety