Current Industry Safety & Health News
Better Building Conference
The ‘Better Building’ Conference is on April 24th. Further information on the conference
is available here . A special discount rate is available for CIF members
17th. February 2013 – FAS issue statement regarding UK CPCS scheme”
FAS wish to advise that the mutual automatic recognition agreement between FAS CSCS and UK based CPCS (Construction Plant Certification Scheme) scheme has been temporarily suspended for plant cards.
Discussions between FAS CSCS and CPCS are ongoing to finalise a new agreement.
The HSA position on CSCS and Schedule 4 of the Safety, Health and Welfare at Work (Construction) Regulations 2006-2012 has not changed and the Authority will be kept advised on the progress of discussions.
Interested parties holding an EU qualification (including FAS CSCS qualifications) should note, if they intend to use their qualification to work in any EU country, there are mechanisms in place in all member countries ( as required by EU Directive 2005/36/EC) to facilitate applications for recognition of these qualifications.
Should an individual seek recognition for a CSCS equivalent qualification in Ireland
– please contact CSCS/QSCS Operations or email trs@fas.ie
Note: In the Northern Ireland and England, Scothland and Wales, it is not a legal requirement to hold any one type of card. The legal obligation is to demonstrate competence – a FAS CSCS card is a demonstration of competence in the discipline for which it was issued
Safe-T-Cert Retains SSIP Accreditation for Great Britain
Safe-T-Cert is delighted to announce that the scheme have retained our Safety Schemes in Procurement (SSIP) (see www.ssip.co.uk) accreditation following an annual audit on 31 August 2012.
SSIP is a group of health & safety pre-qualification schemes in Great Britain which has formalised mutual recognition across the schemes to meet the UK’s CDM requirements. Accreditation greatly increases the recognition of Safe-T-Cert amongst clients in Great Britain and therefore assists contractors in the procurement process.
Tom Parlon, CIF Director General commented, “Re-accreditation by SSIP has confirmed that Safe-T-Cert is comparable with any health and safety management system in Great Britain. This, coupled with the support of the Institute of Occupational Safety & Health (IOSH), highlights the quality of the Scheme”.
Accreditation to Safe-T-Cert is especially beneficial to companies seeking to procure work in Northern Ireland as it meets the mandatory Build Safe NI requirements.
For further information on Safe-T-Cert, please contact;
Dermot Carey
Scheme Manager
T: 014066 057 M: 086 832 0648
The Safety, Health and Welfare at Work Construction Regulations 2006 (to be revised to meet European Union requirements)
Safety, Health Welfare at Work (Construction) Regulations 2006 – European Commission infringement action.
In 2011, the Health and Safety Authority was advised by the European Commission that the manner in which Ireland had transcribed the Mobile Sites Directive was defective. The Commission instructed that changes be made to the corresponding regulations to accurately transpose the original Directive. The principal issue related to the definition of a “client” of a construction project.
As transcribed at the moment, a client - under Irish legislation a client is defined;
“As a person or company for whom a project involving construction work is undertaken for the purposes of trade, business or undertaking”
This definition deliberately excludes construction work being carried out for private purposes – i.e. a homeowner. Therefore, under Irish legislation, homeowners are exempt from the legal requirements set out for Clients under the above regulations – e.g. notification of projects, appointment of Project Supervisors Design & Construction.
Ireland is not unique in this approach – UK, Denmark, Italy all have adopted this methodology.
Ireland to date has opposed any changes to our regulations and an in-depth report was commissioned by the Health and Safety Authority to advise the Minister on this position – this recommended that the Irish approach should remain. Despite ongoing discussions, the European Commission has stood fast on its position and we have been advised that changes will be made to the Regulations in 2012.
The impact of this will result in increased liabilities for homeowners when procuring construction work.
Outlook – this may have positive impacts as follows;
- It may make it less attractive for homeowners to procure construction services from the black market.
- It should allow closer supervision of this sector of the construction market, by the Health and Safety Authority – in the last number of years there has been an increasing number of accidents arising from this sector.
Timescale:
This is to come into effect by end March 2013
Visibility from plant – Schedule 6 Construction Regulations
Schedule 6 of the Construction Regulations sets out the auxiliary devices required on certain mobile plant on construction sites for visibility purposes. This was developed and agreed in 2005 with the Irish Contractors Plant Association (ICPA) following protracted discussions with the Health and Safety Authority. The legal status of this regulation has been challenged by the EU and following on going discussions, Ireland Inc. has been advised that it breaches EU law and it has to be altered.
Therefore, Schedule 6 is to be withdrawn, and Regulation 87 (1) (e) below to be altered to read;
“In circumstances where operators visibility is restricted, have appropriate devices , that comply with the provision of any relevant enactments, implementing any relevant Directive from the EU in relation to machinery, installed to improve visibility”
Schedule 6 - Regulation 87
List of Vehicles Requiring Auxiliary Devices and Visual Aids.
Machine Type | Reversing & Visual Aids Required |
Off-road Dump Trucks (trailer to rear of driver), payload greater than 7 tonnes. | Reversing alarm and flashing beacon with CCTV or Convex mirrors or a combination of both to allow vision from the driver’s seat of all points more than 1 metre high and 1 metre from the machine at each side and at the rear of the driver. |
Dumpers (front tip) no cab. | Reversing alarm and flashing beacon |
Dumpers (front tip) with cab. | Convex mirrors, reversing alarm and flashing beacon. |
Wheel Loaders (Loading Shovels), including Skid Steer Loaders. | Reversing alarm and flashing beacon with CCTV or Convex mirrors or a combination of both to allow vision from the driver’s seat of all points more than 1 metre high and 1 metre from the machine at each side and at the rear of the driver. |
Backhoe Loaders. | Convex mirrors, reversing alarm and flashing beacon. |
All 360º Excavators. | Movement alarm and flashing beacon with CCTV or Convex mirrors or a combination of both to allow vision from the driver’s seat (Without slewing) at all points more than 1 metre high and 1 metre from the machine. |
Scrapers | Reversing alarm and flashing beacon with CCTV or Convex mirrors or a combination of both to allow vision from the driver’s seat of all points more than 1 metre high and 1 metre from the machine at each side and at the rear of the driver. |
All Tracked Type Tractors (Bulldozers) | Reversing alarm and flashing beacon with CCTV or Convex mirrors or a combination of both to allow vision at all points more than 1 metre high and 1 metre from the machine at each side and at the rear of the driver. |
Graders | CCTV, convex mirrors, reversing alarm and flashing beacon. |
Telescopic Handlers. | Reversing alarm and flashing beacon with CCTV or Convex mirrors or a combination of both to allow vision from the driver’s seat of all points more than 1 metre high and 1 metre from the machine at each side and at the rear of the driver. |
Compactors / Rollers without cab and seat to rear. | Reversing alarm and flashing beacon. |
Compactors / Rollers with cab and seat to rear. | Convex mirrors, reversing alarm and flashing beacon. |
All Compactors / Rollers | Reversing alarm and flashing beacon with CCTV or Convex mirrors or a combination of both to allow vision at all points more than 1 metre high and 1 metre from the machine at each side and at the rear of the driver. |
Road Planer. | Convex mirrors, reversing alarm and flashing beacon. |
Corporate Manslaughter update on proposed legislation
Introduction:
In 2006, the Law Reform Commission (LRC) recommended the introduction in Ireland of Corporate manslaughter legislation holding a corporate entity and directing individuals liable in the event of a death at work resulting from grossly negligent management at work.
The result of introduction of such legislation would be to put on the statute book legislation to hold both firms and individuals liable for new offences of;
- Corporate manslaughter (indictable)
- Grossly negligent management causing death.
Leading to sentencing options of;
- Up to 5 years imprisonment
- Unlimited fines.
- Community service orders.
- Adverse publicity orders.
These are higher level offences that the existing offences under the Safety, Health and Welfare at Work Act. At the time CIF made an in-depth submission opposing the legislation (copies available).
Update:
In the UK in 2007, the Corporate Manslaughter & Corporate Homicide Act was introduced and this introduced the above offences into UK legislation. The first cases were taken in 2011 and 12 in England and Northern Ireland. In the English case, a small company was fined £385,000. The sole director of the company was not proceeded against as he was terminally ill. IN Northern Ireland in May 2012, a pig farming company was fined £187,000.
Ireland:
Up until 2010, no action had been taken by successive governments regarding the LRC recommendations when the then Minister of Justice (Mr. Dermot Ahern) announced that the Government intended to revisit the recommendations.
In December 2011, Senator Mark Daly (FF) proposed the Corporate Manslaughter Bill in the Seanad and in May 2012, the Construction Industry Federation was approached to make a submission to be included in the regulatory impact assessment (RIA) relating to the proposed legislation.
The CIF Safety Sub Committee has prepared a response to a request for a submission but intends to maintain the position as stated in 2005 – i.e.
- Existing health and safety legislation is adequate for prosecution purposes as custodial sentences and fines of up to €3 million are available.
- The proposed legislation would leave many organisations exposed to prosecution with a low degree of culpability.
- That the behaviour that potentially constitutes the crimes is clearly, unambiguously and specifically identified in advance.
- That a high degree of actual culpability is required.
- That the prosecution should bear the burden of proof “beyond all reasonable doubt”.
Health and Safety Authority – Keep Safe Event – Monaghan
More than 120 children from Rackwallace National School, St Mary’s National School Threemile House, St Mary’s Boys National School and Scoil Mhuire Monaghan, attended a Health and Safety Authority ‘Keep Safe’ event in Corcaghan Hall, Monaghan on the 29th. March 2012.
“Keep Safe” involves a number of state agencies and national organisations coming together to deliver an interactive safety programme directed at fifth and sixth class pupils. It aims to promote safety and community awareness through involving the children in a series of interactive scenarios with a strong safety theme.
The CIF was represented by John Sisk and Son - Greg Hamill and Olympia O’Dea. The aim of the presentation was to raise the pupils awareness of the dangers of entering and playing in construction sites. Greg Hamill said, “We were happy to be involved and were surprised by the level of interest and inter action that the pupils demonstrated – it was a very satisfying sessions.
Vehicle Safety Pre-Checks
Vehicle daily checks are a simple and effective way to spot potentially dangerous issues or defects before vehicles are used. Employers and self-employed people should have a system of routine daily checks in place to ensure that vehicles are in good working order, safe and fit for purpose at the start of each working day or work shift.
The Health and Safety Authority, Road Safety Authority and An Garda Síochána have jointly developed resources to help employers manage vehicle risks for Buses, Cars, Vans and trucks. They include vehicle check posters and check sheets and videos. The FREE resources available at
H.S.A issues alert to manufacturers and installers of electronic gates.
Proposed New Regulations
As you are most likely aware a draft of proposed new Regulations relating to woodworking machines, abrasive wheels and abrasive blasting of surfaces has been published for public consultation on the HSA website at http://consultation.hsa.ie/general-applications/woodworking-machinery-and-abrasive/
These proposed new Regulations form part of a process of removing remaining provisions under the Safety in Industry Acts, 1955 and 1980, from the statute books. Following an analysis of the remaining provisions it was determined that some of them were worthy of retention in regulatory format, hence the current proposal to retain these proposed provisions under the Safety, Health and Welfare at Work Act, 2005, most likely as an amendment to the General Application Regulations. This public consultation process presents an opportunity to influence the content of future Regulations, and submissions are eagerly sought.
H.S.A Programme of Work for 2012
H.S.A released it programme of Work for 2012 today 31st. January 2012. Attached is a weblink to the document on the H.S.A website. For more information click here
Manual handling one of the biggest causes of injury in the workplace
HSA produces sector specific guides to reduce manual handling injuries
24th January 2012
With many employers looking for ways to reduce costs, increase productivity and generally do more with less, nowadays it is even more important to ensure that the costs associated with workplace accidents don’t become a major issue for any business.
According to the Health and Safety Authority’s (HSA) Statistics Summary for 2009 – 2010, manual handling injuries accounted for one third of all reported injuries in 2010. These injuries are serious enough to keep the injured party out of work for 3 days or more often at significant expense to the injured party and their employer. In order to raise awareness of this issue and assist employers the HSA has published a wide range of manual handling guidance and produced on-line video case studies. There is guidance specifically for the Healthcare, Hospitality and Retail Sector where workers are particularly vulnerable to back injury. One of the main contributory causes of back injury in workplaces has been the lack of risk assessment of manual handling. The HSA guidance gives illustrated examples of simple solutions including the use of appropriate handling aids and/or better organisation of work.
The principles identified in the HSA guidance involve identifying the risks and developing a solution that either avoids manual handling or reduces it. Manual handling video case studies and sector specific guidance are available freely from www.hsa.ie.
H.S.A Injury Statistics 2011
Year | 2008 | 2009 | 2010 | 2011 |
Total National Non Fatalities | 8,058 | 6,977 | 7,213 | 6,481 |
Construction Injuries | 1,152 | 690 | 620 | 437 |
Construction injuries as a % | 14% | 10% | 9% | 7% |
H.S.A Fatality Statistics for 2011
Year | 2008 | 2009 | 2010 | 2011 |
Total National Fatalities | 57 | 43 | 48 | 55 |
Total National Fatality Rate* | 2.5 | 1.96 | 2.3 | - |
Construction Fatalities | 15 | 10 | 6 | 6 |
Construction Fatality Rate* | 5.6 | 6.6 | 4.5 | - |
Construction Fatalities as % of Total | 26% | 23% | 13% | 11% |
*Rate per 100,000 worker employed
H.S.A Fatality/InjuryStatistics for 2008-2010
CONSTRUCTION | 2008 | 2009 | 2010 |
Number employed | 179,000 | 129,100 | 109,900 |
Fatalities | |||
Employed | 10 | 8 | 4 |
Self -employeed | 3 | 1 | 0 |
Family worker | 0 | 0 | 1 |
Non-worker | 2 | 1 | 1 |
Total | 15 | 10 | 6 |
Fatality rate per 100,000 workers | 5.6 | 6.6 | 4.5 |
Accidents/Injuries/Illnesses | |||
HSA reported accidents | 1,178 | 688 | 571 |
CSO Rate of 4+ days absence per 1,000 workers | |||
Injuries | 17.9 | n/a | n/a |
Illness | 2.4 | n/a | n/a |
Inspections | |||
Accident/complaint investigation | 1,196 | 448 | 478 |
Compliance inspection | 5,823 | 5,930 | 5,227 |
Total | 7,019 | 6,378 | 5,705 |
New Class VI mirror rules announced
All Heavy Goods Vehicles (HGV’s) with a Design Gross Vehicle Weight (DGVW) exceeding 7500kg, regardless of age must be fitted with Cyclops mirrors as of the 1st October 2012, the Road Safety Authority has announced.
The decision comes following a public consultation process and approval from the Minister for Transport, Tourism and Sport. The fitment of a class VI front mirror, often called a Cyclops mirror, has the potential to reduce fatalities and serious injuries from collisions between HGV’s, cyclists and pedestrians.
In Ireland the number of such incidents is disproportionately high, according to the RSA, in particular incidents involving older people. In the 12 year period between 1996 and 2008, 21 deaths and 14 serious injuries can be attributed to the inability of a HGV driver to see the pedestrian / cyclist as they passed in front of the vehicle’s blind zone.
At present only HGVs registered after 2007 are obliged to have these safety enhancing mirrors, however many older HGV’s may already have a mirror fitted. The RSA is also reminding all cyclists to understand the dangers that exist when sharing the road with HGVs and to avoid placing themselves in the danger zone around HGVs.
Pedestrians are reminded to use pedestrian crossings and to never cross in front of HGVs in stationary traffic. Detailed advice for cyclists and pedestrians is available at www.rsa.ie and a video on HGV and cycling Safety is also available.
From the 1st October 2012 the HGV annual roadworthiness test will be updated to include a check for conformance with the new regulations.
Further details are available at www.rsa.ie
Additional information is also available from vehiclestandards@rsa.ie or alternately at 096-25014.
Is your company working or tendering for work in Northern Ireland?
– if so, read on;
Buildsafe is an initiative in Northern Ireland to improve safety on construction sites in that jurisdiction and all public procurement takes into account this scheme. Buildsafe 2011 has introduced two requirements relating to third party accredited safety management systems – as follows;
Requirement No. 1: From September 2011, all contractors seeking to tender for public sector works must have a health and safety management system certified by a third party.
Requirement No. 2: By December 2011 the main contractor must only appoint a first tier subcontractor (with 10 or more workers / employees) which has a health and safety management system certified by a third party.
For the Health and Safety Management System to be considered eligible, the third party certification must satisfy the following criteria;
- Certification must be obtained / renewed every 3 years
- An annual verification audit must be undertaken in intervening years.
- It must be construction focussed and incorporate site inspections.
- The third party certification body must recognised by a professional health and safety body or institution as having the knowledge and skill to undertake construction focussed third party health and safety audits
How can you meet these requirements?
Recognition of Professional Qualifications - Experienced Operator Programmes
FÁS (CSCS) Experienced Operator and UK (CPCS) Experienced Operator Cards
A formal recognition agreement exists between FÁS and the CPCS for the recognition and exchange of Experienced Plant Operator cards within both schemes. The agreement is limited to plant operator categories specified in the Safety, Health and Welfare at Work (Construction) Regulations 2006.
Recognition of Professional Qualifications in EU Member States
Recognition of professional qualifications in EU Member States is provided for by Directive 2005/36/EC. A citizen of an EU and EEA Member State wishing to have their professional qualifications recognised in another EU or EEA Member State may do so by applying to the Competent Authority within the relevant State. FÁS is the Competent Authority in Ireland for CSCS regulated categories. Details of qualification recognition and Competent Authorities in other EU and EEA Member States are available through the following Internal Market Information System website:http://ec.europa.eu/internal_market/imi-net
Intoxicants at Work
Information Sheet for Employers and Employees on Requirements under Health and Safety Legislation Released September 2011 from H.S.A
From time to time both employers and employees ask questions of the Health and Safety Authority (HSA) about intoxicants at work and specifically the duties that arise for the employer and for the employee. The HSA can answer only those questions that arise under our legislation – i.e.The Safety, Health andWelfare at Work Act 2005, which we will call “The Act”.Intoxicants at Work September 2011 Information Sheet for Employers and Employees on Requirements under Health and Safety Legislation.
Driving for Work
Driving for work involves risks not only for the driver but also for fellow workers, members of the public and road-users, especially vulnerable road-users such as pedestrians and cyclists. Employers, managers and supervisors must, by law, manage the risks that employees face and create when they drive for work. These seminars will be of particular interest to
organisations and companies, big and small, whose employees drive on the road as part of their work in either a company vehicle or their own vehicle.
organisations and companies, big and small, whose employees drive on the road as part of their work in either a company vehicle or their own vehicle.
For seminars details go to http://www.drivingforwork.ie/
Health and Safety Authority – Keep Safe Event – Monaghan
