Batteries Not Included: Aviation Regulator Issues Christmas Warning

The danger posed by lithium batteries to the safety of passenger aircraft was highlighted this week by the UK Civil Aviation Authority (CAA), as it issued advice on sending Christmas presents by airmail or carrying them in luggage on flights. The aviation safety regulator reminded anyone posting gifts, or taking them on board an aircraft as either hand or hold baggage, that certain items are dangerous in the confined, pressurised surroundings of an aircraft.

Lithium batteries, in particular, are a growing safety concern to the aviation industry. This follows a number of incidents in which batteries that had not been treated appropriately are believed to have started fires on aircraft. Such batteries are used in the majority of portable electronic devices, such as MP3 players, digital cameras, electronic readers, camcorders and laptop computers.

Last month a mobile phone caught fire on a Boeing 747 inbound to London Heathrow after being crushed by a seat as a passenger reclined. Cabin crew were able to extinguish the fire before any serious damage occurred.

When installed correctly, lithium batteries are unlikely to cause a problem, but they do pose a serious risk of short circuiting - which can lead to a fire - if packed loose. Overheating can also occur if the device in which they are installed activates inadvertently in-flight. Lithium batteries, even when contained in equipment, are not permitted in airmail and, since letters and parcels sent in the post will often be carried on aircraft even for relatively short domestic journeys (particularly `next day' services), such items are not permitted at all by Royal Mail. Counterfeit batteries, without the necessary inbuilt safety features, are also a serious and growing concern.

Geoff Leach, Manager of the Dangerous Goods Office at the CAA, said: "Over the coming weeks many people will be sending gifts in the post. If these presents are electronic devices, we urge the sender not to include any lithium batteries. We have seen a number of serious incidents in the last couple of years in which these batteries are believed to have started fires in cargo shipments. Some lithium batteries are permitted in passenger baggage, but specific conditions apply; details of these can be found on the CAA web site."

Lithium batteries are not the only concern for airlines, however. Dangerous goods that must not be sent in the post or carried as checked or hand luggage are:

• explosives, such as fireworks, flares, toy gun caps;
• gases, such as culinary blowtorches, camping or compressed gas cylinders, tear gas, mace or CS gas devices;
• flammable materials such as petrol, lighter fuel, paint, thinners, non-safety matches, firelighters;
• poisons, such as weed killers, insecticides; and
• corrosives, such as filled car batteries.
  

Goods that may be carried by passengers include:

• safety matches or a single lighter when carried on the person. One lighter per person may be carried through central search. Lighters form part of the passenger allowance permitted in the one litre capacity transparent bag and can either be placed inside the bag or screened separately. It is very important that passengers do not place the lighter into their cabin bag after screening - it must be carried on the person for the duration of the flight. Separate lighter refills are not permitted. Lighters and matches must not be placed in checked in baggage.
• battery powered wheelchairs subject to certain safety conditions, including ensuring the battery is securely attached to the wheelchair, protecting the battery from short circuiting, and ensuring that the wheelchair cannot become switched on during transport. Passengers should contact their airline in advance to check whether special conditions apply; and
• Toiletry or medicinal articles (including aerosols). Each item is limited to 500g/500mL with a maximum of 2kg or 2 Litres per passenger.
  

Passengers can obtain further information on what they can and cannot transport on aircraft from the dangerous goods section of the CAA website, or, by contacting the CAA Dangerous Goods Office on 01293 573900.

Team CRS congratulates driver Caroline Gilbert

Team CRS congratulates driver Caroline Gilbert on her performance in the 2011 BRSCC Mighty Mini Championship contested over twelve hard-fought rounds across the UK.  Finishing runner-up in the ladies championship, Caroline finished a very creditable 10th overall from a field of 34 drivers and cars.  Her best races were both at the Rockingham Circuit in the two events raced there, so she’ll be looking forward to going back there on 30 June and 1 July for round 7 of the twelve-race 2012 series (see all of the dates listed below).  This will be the eight season where CRS has sponsored Caroline in the series.  Read more about it HERE at  and Caroline’s own site HERE
Once again, Caroline and her car will be present at the Health and Safety Expo at Birmingham’s National Exhibition Centre on 15-17 May 2012, where she will be happy to chat and sign autographs.
We also can obtain race tickets for our guests, and do regular track days where our clients can enjoy ‘fast laps’ in the car with Caroline.  Let us know if you would like more information on how to join in by contacting Ros Stacey at rs@crsrisk.com

Events	Dates		DH	Venue
1	March	31		Oulton Park
2	April	21		Donington Park
3	May	13	X	Cadwell Park
4	June	4	X	Castlecombe
5	June / July	30 / 1		Rockingham
6	July	28 / 29	X	Silverstone (Nat)
7	September	1 / 2		Snetterton
8	October	20 / 21	X	Donington Park

Cyber Attacks could "Cost Lives" and "Cause Huge Damage" says Shell

The oil industry has been warned that cyber-attacks could "cost lives" and cause "huge damage".  Ludolf Luehmann, an IT manager for Shell, told the World Petroleum Conference in Doha this week that the company had suffered an increased number of attacks. He said the hacks had been motivated by both commercial and criminal intent.

Security researcher David Emm said that such attacks were "not only possible, but they're now real".

Mr Luehmann said Shell and others in the industry were experiencing a "new dimension" of attack which could leave physical machinery at serious risk.  He made reference to Stuxnet, a targeted "worm" which was designed to attack industrial systems in the summer of 2010.  Mr Luehmann said Stuxnet showed energy giants that cyber-attacks could have a real-world consequence on business processes.  "If anybody gets into the area where you can control opening and closing of valves, or release valves, you can imagine what happens.  It will cost lives and it will cost production, it will cost money, cause fires and cause loss of containment, environmental damage - huge, huge damage."

He added: "We see an increasing number of attacks on our IT systems and information and there are various motivations behind it - criminal and commercial."

When contacted by the BBC, Shell said it would not comment further on Mr Luehmann's statements.

BP, itself a target of high-profile cyber-attacks following the Gulf oil spill, said it did not speak publicly about security issues as a matter of company policy.  Dennis Painchaud, director of international government relations at Canadian energy company Nexen, said targeted attacks such as Stuxnet and the more recent threat Duqu form a "very significant risk to our business".  "Cybercrime is a huge issue. It's not restricted to one company or another - it's really broad and it is ongoing.  "It's something that we have to stay on top of every day. It is a risk that is only going to grow and is probably one of the pre-eminent risks that we face today and will continue to face for some time."

Moscow-based security experts Kaspersky, said the past 18 months had seen a dramatic change in how cyber-threats were perceived by large companies.  "The scene used to be dominated by speculative attacks - people being at the wrong place at the wrong time, but it was nothing personal," Mr Emm told the BBC.  "But we certainly are in a different world than where we were 18 months ago. What we're starting to see is an increase in targeted attacks. We know critical systems, like those in oil production, are vulnerable to attack.  "A lot of countries now are pumping money into research - the last 18 months have shown these people are after not just the public's money, but they're after larger organisation's information.  Organisations like Shell and others are hopefully taking steps to minimise that risk."

ISO Guide 83 - A revolution for Management System Standards?

Stephen Asbury, our Managing Director and a widely-published author on management systems and auditing, introduces a new ISO guide which is set to impact all management system standards

Standards users who have adopted standards such as ISO 9001, ISO 14001 and OHSAS 18001 and have successfully implemented them into their organization may not have heard of ISO Guide 83 – but this new document is likely to impact on all management system standards when published (expected Spring 2012?). Once in use, this guide could revolutionize the way that management system standards are written. While this might sound alarming, it will make life simpler in the long term. If this sounds interesting, then read on…

Guide 83 is not a standard, but a guide to help standards developers write management systems standards.  It was circulated for review by the International Standards Organisation (ISO) in September 2011 and supported by a majority of ISO members. It provides a high-level structure and common text for all management system standards (MSS). It was developed in response to standard users’ criticism that, while current standards have many common components, they are not sufficiently aligned, making it difficult for organizations to rationalise their systems and to interface and integrate them.

Guide 83 was developed by the Joint Technical Coordination Group, set up by ISO with representatives drawn from its technical committees dealing with major management systems standards.

Once in use, all new and revised MSS could have the same architecture and use the same language and clause structure in areas common to all the standards. Despite the common approach, Guide 83 allows sufficient flexibility to incorporate unique components for different disciplines, by allowing additional text to be incorporated in a structured manner. The need for requirements, with respect to customer focus in any ISO 9001 revision and issues such as prevention of pollution in any ISO 14001 revision, will be accommodated in this manner.

Arguments about the ‘process’ approach versus ‘plan, do, check, act’ (PDCA) have also been overcome by using a framework that is compatible with both approaches without using either model.

Although the revision of standards such as ISO 9001 and ISO 14001 in the new format will take some years, other standards will appear sooner; for example, ISO 27001 on information security and ISO 39001 on road traffic safety, have followed the approach given in Guide 83 as they have been developed. Organisations with well-developed and effective systems should not have any problem with the new approach and may find it a breath of fresh air.

There are new items in the guide, in particular, greater emphasis on top management, its role, and the need to understand the context of the organization. The overall framework is provided below:

1. Scope
2. Normative references
3. Terms and definitions
4. Context of the organization
5. Leadership
6. Planning
7. Support
8. Operation
9. Performance evaluation
10. Improvement.
    

Clause 4 is interesting, and requires:

• understanding the organization and its context (4.1)
• understanding the needs and expectations of interested parties (4.2)
• determining the scope of the management system (4.3)
• X management system (4.4), where ‘X’ denotes where the specific discipline is included within the common text – e.g. ‘quality’ for ISO 9001 and ‘environmental’ for ISO 14001.
  

Clause 5 clearly spells out what is expected of top management, no matter the discipline:

5.1 General: ‘Persons in top management and other relevant management roles throughout the organisation shall demonstrate leadership with respect to the X management system’.

Risk-based approach

One area that has been hotly debated within the committees charged with the responsibility for writing standards has been the use of the word ‘risk’. Some have thought the term should not be associated with some standards. Common sense seems to have prevailed and Clause 6.1 deals with ‘Actions to address risks and opportunities’ and follows with ‘Objectives and plans to achieve them’ under clause 6.2. All the requirements that relate to documents and records are dealt with in 7.5.

The standard writers are hopeful that this new document will address the concerns expressed over many years, about a perception (real or otherwise) that there was conflict and unnecessary duplication in the various MSS. It is not yet known yet whether the guide will be mandatory or how it will be applied.  British Standards Institution (BSi), following consultation with its management system committees, has submitted suggestions to ISO in the hope that this will help standards developers implement the guide effectively.

The next step will be for the development group to incorporate all the comments and suggestions for implementation from National Standard Bodies into a revised draft being prepared for discussion in February 2012 – it is expected that a final version will be ready for standards writers to use soon after that.

How these changes will affect standards outside the control of ISO such as OHSAS 18001 remains to be seen. Hopefully, these will follow the same route over time, so that consistency can be developed and maintained.

It is expected that PAS99 will be revised to reflect this new structure in order to help those with integrated systems to migrate with ease, as and when new standards are published.

Business Travellers at Risk

A large scale survey has reported that a third of global companies do not understand their duty of care to employees travelling abroad for business. The survey of more than 600 companies, which was conducted by International SOS, found that 95 percent had sent staff on business trips to high risk locations in the last year. Lawlessness, terrorism, political upheaval, civil unrest and pandemics were identified as among the top-20 risks faced by employees abroad.

Our Comment

The Health and Safety at Work Act 1974 only applies in the UK. However, under common law, companies have a duty of care to staff anywhere in the world. If an employee died on a business trip to a high risk location as result of a gross breach of that duty, a company could be found guilty of Corporate Manslaughter.  Employers should make certain that staff are insured, that they check in on a regular basis and that they have the necessary vaccinations. Companies also need to assess the potential risks of travel destinations and take appropriate measures to minimise them. An assessment might take into account, for example, whether someone is travelling alone. The Foreign and Commonwealth Office (FCO) can advise on particular overseas threats. If business travellers are visiting regions known to present risks, companies may need to take extra security steps, which might even include consulting a specialist security agency.

A Victory for Common Sense - Court rules that assessment of every risk is not realistic

In the case of Hodgkinson v Renfrewshire Council, the Scottish Courts rejected a claim for personal injury saying that it was, “clearly not realistic to expect an employer to risk assess every single detail of an employee’s work”.

Heather Hodgkinson, who was employed as a gardener, made a claim for personal injury after being hit in the face by a park gate. The gate was fitted with a metal lug about five feet above ground level to stop it swinging beyond the gate post into the street. The court heard arguments from Ms Hodgkinson’s legal team to the effect that a risk assessment should have been carried out on the operation since opening the gate was a necessary part of her work.

It was agreed the gate was work equipment and the park a workplace. Both the Provision and Use of Work Equipment Regulations 1998 and the Workplace (Health, Safety and Welfare) Regulations 1992 impose an absolute duty but define suitability as “suitable in any respect which it is reasonably foreseeable will affect the health and safety of any person”.

Judge Lady Wise held that no damages were due to Ms Hodgkinson because she had failed to prove that the construction of the gate gave rise to more than a mere possibility of injury if opened carelessly. In handing down her judgement she said that “the particular gate in question, fitted with the lug at eye level, had been opened each day for many years without any incident taking place” and furthermore “there was nothing to suggest it posed a risk of harm to employees.” The judge attributed blame for the accident to the actions of Ms Hodgkinson herself, not to the presence or absence of the lug.

Our Comment

The case has been hailed a victory for common sense. While each personal injury case will turn on its specific facts, Hodgkinson v Renfrewshire Council does show that the courts are willing to take a pragmatic view on liability for accidents which involve employees engaging in routine low risk activities. The gate was found to be suitable and there was no evidence of deterioration or lack of maintenance. Therefore, there was no breach of the relevant regulations. As the judge observed, in these circumstances the claimant could only have succeeded if liability attached to an employer whenever an accident happened, whatever its cause.

New Business Development Manager

Corporate Risk Systems Limited (CRS) are delighted to announce the new appointment of Ros Stacey as Business Development Manager. Ros comes to CRS with over 19 years’ experience of Sales, Marketing and Business Development within the Training Industry, recently working for AGE UK Training. Ros takes over this position from Charles Ford who after six years with CRS has decided to take up a new post in London.

Ros says “I am looking forward to working with CRS, I have the experience and skills to develop the business and take it to the next level, and I am looking forward to introducing myself to all old and new clients of CRS and working closely with them to discuss their training needs”.

CRS are the market leaders in Safety, Health & Environmental Training and offer courses across 51 countries and at 11 training centres in the UK. NEBOSH, IOSH CIEH are just a few of the course programmes available. Ros can be contacted on 01283 509175 or email rs@crsrisk.com

Carbonfund.org e-Certificates for Corporate Risk Systems

Corporate Risk Systems Limited (CRS) is a Risk Management Consultancy providing Consultancy and Training Solutions across Health, Safety and Environmental Sectors.  From its UK base it supports many International Clients in insurance markets, the public sector, and commercial organisations. Our tailor made approach is designed to meet the needs of all organisations offering company wide training programs, to specific project based support, and open courses.

As a responsible organisation offering environmental and health and safety support to our clients we recognize the need for all organisations to reduce their environmental impact, but at Corporate Risk Systems we know that Policies need to be implemented to be effective. This is why we have developed a Carbon Reduction and Offset Policy, using Carbonfund.org to make Corporate Risk Systems Carbon Free. At Corporate Risk Systems we don’t just give advice to others on reducing their environmental footprint; we take action to reduce it. Please visit crsrisk.com for more information.

Commitment

Corporate Risk Systems Limited (CRS) has offset its entire corporate emissions.

Partner Quote

“It’s down to each individual and organisation to accept its environmental impact, if sustainable development is to turn from a concept into reality. Climate Change is one of the most serious threats facing the world today, and it is all our responsibility to reduce carbon emissions at source where possible, and offset our residual carbon footprint.”

Richard Ball – Head of Environment
Carbonfundorg Certificate

Horror as Sheffield Carvery Fills Toddlers' Drinks Bottles with Bleach

The parents of two toddlers have described their horror after the youngsters became violently ill when restaurant staff accidentally filled their drinks bottles with cleaning fluid.

According to their lawyers, the mix-up happened when Philip and Claire Martin went for a meal with their friends Stuart and Diane Watkinson at the Toby Carvery, on Ecclesall Road South, in Sheffield.

Sophie Watkinson, then 16 months, and Daniel Martin, one, were left violently coughing, choking and vomiting when staff mistook a jug of fluid used to clean the drinks pipes for water. Claire Martin, 37, and Stuart Watkinson, 36, were horrified to find it smelled like bleach.

Both children were taken to Sheffield Children's Hospital for cautionary treatment for burns to their mouths and were kept in for observation before being discharged.

Mr Watkinson, from Sheffield, said: "When I took a sip of the water Sophie had been drinking I couldn't believe it, it felt like I was drinking bleach, the taste was horrific and I immediately spat it out.

"To know my child had drunk such a dangerous substance through no fault of her own made me absolutely furious. A moment's carelessness could have devastated our lives. It just doesn't bear thinking about how things could have turned out. "I want assurances that steps will be taken so an incident like this cannot happen again."

The restaurant firm, which is owned by parent company Mitchells & Butlers, told the journalists it had admitted liability and was in contact with Mr and Mrs Martin's solicitors. It said: "The safety and well-being of our customers is our primary concern."

Looking to compete in the jobs market in 2012?

Corporate Risk Systems is a leading provider of environmental courses for those looking to enter the sector with our highly successful NEBOSH Environmental Certificate course, or those looking to move on in the sector with or unique AIEMA environmental management course by applied learning. Figures from NEBOSH show that increasing numbers of people are seeking an environmental management qualification.
NEBOSH revealed that in the last two years the number of people registering to take its Environmental Management qualifications had more than doubled. In 2009, around 1,100 people registered for a NEBOSH environmental qualification. Last year, the number of registrations rose to almost 2,200. Registrations so far in 2011 indicate a further rise this year to around 2,700, an increase of almost 150% on 2009.
“Our figures show that more and more people are seeking a specialist qualification to go with their environmental management responsibilities,” said NEBOSH Chief Executive, Teresa Budworth. “And judging by the willingness of employers to fund and support their staff with this, it is clear that more and more employers want them to be qualified in this field.” Around two thirds of those who take a NEBOSH Environmental Management qualification are employed in a health and safety role. The majority of the rest are environmental specialists.  (Source NEBOSH)
Our NEBOSH Environmental course is now taking bookings throughout the UK and has a pass rate in 2011 of over 97 % and in July we ran two courses, with different tutors and achieved 100% credit s or distinctions, with rates like that it makes you wonder if we need the CRS Sure Pass Promise.
Our AIEMA course is unique in that it 100% exam and assignment free, the course is now in its fifth year and has had delegates from across the UK Canada, Malaysia and Romania. The Course focuses on understanding environmental issues, systems and legislation in the context of you organisation. This is an ideal qualification for those looking to take on Environmental Responsibilities such as an ISO14001 Environmental Management System.
(1) Research carried out among 46 recently qualified NEBOSH
Environmental management students in September 2011.

FREE Lead Paint Test

The Lead Paint Safety Association is delighted to offer its 'FREE Lead Paint TEST' service to anyone living and working in the UK that might need it.  Families, schools, contractors, construction and Health and Safety professionals and their clients, as well as medical professionals and their patients, now have ready access to 100% reliable analysis of dust wipes COMPLETELY FREE OF CHARGE. Click here for more details
Posted by Kerry Edwards

iPhone probe following fire on Sydney flight

A probe has been launched after a passenger's iPhone mysteriously caught fire on-board a plane as it came into land.

The Apple iPhone 4 model started smoking and glowing red before self-combusting on the Australia's Regional Express Flight ZL319 destined for Sydney on Friday, according to flight attendants.

As black smoke filled the cabin, cabin crew rushed to put out the fire. A photo taken after the incident shows the back of the smartphone looking as though it had melted away.

Regional Express said in a statement: "Regional Express flight ZL319 operating from Lismore to Sydney today had an occurrence after landing, when a passenger's mobile phone started emitting a significant amount of dense smoke, accompanied by a red glow.  In accordance with company standard safety procedures, the Flight Attendant carried out recovery actions immediately and the red glow was extinguished successfully."

After landing in Sydney, the phone was handed over to officials from the Australian Transport Safety Bureau as well as the Civil Aviation Safety Authority for investigation – which claimed that they had no previous records of iPhones undergoing spontaneous self-ignition.

Nobody was hurt during the incident.

An Apple spokeswoman in Australia responded saying the tech firm was looking "forward to working with officials".

Apple devices have caused trouble before, with a reported six iPods catching fire in Japan last year leaving four people with minor burns.

Only two weeks ago, first generation iPod Nanos were recalled by Apple over fears that their batteries can catch fire - with the firm also offering a free replacement.

Recent HSE Construction Enforcement Activity

CRS has gathered together for the interest of our readers details of some recent HSE prosecutions and enforcement actions in the construction sector.

We have also provided links to associated sources of information under each heading for reference by our readers.
Roof work

3 November 2011 – Three roofers were spotted working on top of a Nottingham cash and carry store without any safety equipment.

Roofing contractors SPV Road Carpet Ltd were fined £14,000 with £6,659 costs.  An SPV employee was fined £480 and ordered to pay costs of £650.
Read more HERE


7 November 2011 - Two roofers have received suspended sentences after a Derbyshire office worker was injured when a roll of roofing felt crashed through the ceiling of her office.

Jason Lunt and Gregory Wright, both of Bloxwich , West Midlands, and pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974. They both received sentences of 18 weeks, suspended for 12 months on the condition that they complete 280 hours of community service. In addition, they were both ordered to pay £2,114 costs each. Read more HERE

11 November 2011 – A roofing contractor, Hawarden Roofing Supplies & Contractors Limited, of Flintshire, has been fined £4,000 and ordered to pay costs of £2,500.95p after one of its employees was injured when he fell from a garage roof. Read more HERE

14 November 2011 - A member of the public reported a roofer to HSE after photographing him working on an industrial unit roof in Newark without any safety equipment.

Mr Hallwood, of Oldham, and his son, pleaded guilty to breaching section 4(1)(c) of the Work at Height Regulations 2005. They were fined £2,500 each and ordered to pay costs of £2,604 between them. Read more HERE

14 November 2011 – A Carmarthenshire man has been fined after his employee was injured when he fell 5.5m through a fragile PVC skylight at a Carmarthenshire farm.

Anthony William John Daniel, trading as Towy Valley Fabrications was fined £6,500 and ordered to pay £2,651 in costs. Read more HERE



Further information

Assessing all work at height - Read more HERE

Roof work - Read more HERE
Transport on site

25 November 2011 - Three construction companies were fined after a worker helping build Arsenal’s Ashburton Grove stadium was injured so badly, his leg had to be amputated.

A dumper truck drove over the right leg of Michael O’Donovan, 41, from Bromley, while he was kneeling to clean steel ‘shuttering’ used to form reinforced structures and pillars.

Principal contractor Sir Robert McAlpine Limited was fined £19,000 and ordered to pay costs of £10,000.

Sub-contractors McNicholas Plc (now Skanska Utilities Ltd) was fined £17,000 and ordered to pay costs of £10,000.

Maylim Limited, sub-contracted by McNicholas Plc to undertake the work on the South Bridge area of the site, was fined £18,000 and ordered to pay costs of £10,000. Read more HERE



Further information

Traffic management on site - Read more HERE
Asbestos

7 November 2011 – A Birmingham handyman has been prosecuted after releasing asbestos fibres while refurbishing a kitchen at a flat in Solihull. William Rogers, of Yardley, was fined £600 and ordered to pay £1,799 costs. Read more HERE



Further information

Asbestos - Read more HERE
Asbestos health and safety - Read more HERE
Asbestos surveys – Read more HERE
Gas

4 November 2011 – A Cheshire builder has been fined £2,500 and ordered to pay £3,500 in prosecution costs after a worker was badly burned in a gas explosion at Macclesfield Town's training ground. Read more HERE

4 November 2011 - An engineer called in to investigate a gas leak in an office block was nearly killed by carbon monoxide poisoning following faulty work on a boiler. Gas engineers, BR Greenwell Heating and Plumbing Services of Llantrisant, were fined £5,000 in total and ordered to pay costs of £8,000. Read more HERE

Further Information

Domestic gas health and safety - Read more HERE

CRS welcomes the findings of the Löfstedt Review into UK health and safety

Corporate Risk Systems Limited (CRS) welcomes the findings of the Löfstedt Review into UK health and safety legislation which was published this week [Download full report HERE].  The review - called ‘Reclaiming health and safety for all: An independent review of health and safety regulation’ - confirms that the present legal framework for health and safety is broadly fit for purpose, but says that the challenge now is to embed a proportionate approach to accident and ill health prevention across the entire health and safety system.
The Löfstedt review was commissioned by the coalition Government in March 2011, following the recommendations in the earlier report ‘Common Sense Common Safety’ report by Lord Young published in October 2010 [View report HERE].  The review was led by Professor Ragnar Löfstedt of King’s College London, who was aided by an independent panel, and investigated opportunities for “reducing the burden of health and safety legislation on UK businesses while maintaining the progress made in improving health and safety outcomes”.
Professor Löfstedt has made recommendations aimed at reducing the burden of unnecessary regulation on businesses while maintaining Britain's health and safety performance, which is thought to be the best internationally. The Government has accepted in full his recommendations.
Stephen Asbury, Managing Director of CRS said: “I am pleased and relieved that Professor Löfstedt has rejected the mass deregulation recommended by some, and has confirmed that the present legal structure is broadly fit for purpose. His detailed recommendations for technical change show there is always scope for some tidying up of the law and eradicating unnecessary red tape without removing the essential protection for workers and the public that it provides.  But like the previous reviews of this subject, he has confirmed that not only has the UK got the regulatory balance about right but we also have much to be proud of.”
CRS fully supports the recommendations to reduce repetitive and clumsy regulatory requirements.  We are pleased that although the report points to the UK’s relatively good accident record, it also recognises the continued need for managing health and safety risks in the workplace. The report cites estimates that suggest the cost of injury and ill health to UK business alone could be just over £3billion, while the overall cost to society of workplace accidents and ill health has been estimated to be up to a jaw-dropping £20billion a year.
We welcome the report’s proposals for bringing local authority enforcement under the control of the Health and Safety Executive (HSE) and we’re also pleased that it identifies the very significant influence that third party “semi-regulators”, such as insurers, clients and funders, can have on duty holders. We believe the positive, helpful influence needs to be encouraged and the negative influence, which can increase bureaucracy unnecessarily, reduced. We also welcome the report’s recommendations to improve the understanding of ‘risk’.
CRS believes the proposed exemption from health and safety law of the self-employed “whose work does not impact on others” will need careful handling, as we do not wish to see an increase in serious injuries in this sector of our economy.
Judith Hackitt, Chair of HSE, said: "Professor Löfstedt's insightful report will go a long way to refocusing health and safety in Great Britain on those things that matter - supporting those who want to do the right thing and reducing rates of work-related death, injury and ill health.  We must have a system of health and safety which enables employers to make sensible and proportionate decisions about managing genuine workplace risks.  Simplifying and streamlining the stock of regulations, focusing enforcement on higher risk businesses, clarifying requirements, and rebalancing the civil litigation system - these are all practical, positive steps.  Poor regulation - that which adds unnecessary bureaucracy with no real benefits - drives out confidence in good regulation.  We welcome these reforms because they are good for workers and employers but also for the significant contribution they will make to restoring the rightful reputation of real health and safety."
Stephen Asbury added: “We are delighted that Professor Löfstedt has emphasised the importance of a proportionate, risk-based approach to safety and health assurance rather than an inflexible one based on prescriptive rules. It is vital that this message is now embedded once and for all across the wider system, including in the activities of third parties, because there are many fresh opportunities for cutting harm and loss and making health and safety easier just waiting to be grasped.”
Professor Löfstedt accepts that more work is needed is in tackling the very real difficulties which some smaller firms seem to face in responding in a proportionate way to goal-setting duties informed by risk assessment.  It seems that SMEs are ‘making a meal of things’ or accepting ‘over-the-top’ advice uncritically, and this points to the need for such firms to get effective diagnosis and signposting so they can access the information, training and advice they need to manage their health and safety problems effectively. CRS recommends that firms use consultants on the official ‘OSHCR’ register of occupational safety and health consultants’ for proper advice and assistance, such as ours [View HERE].
Another Government regulatory reform initiative, the Red Tape Challenge, will report in the New Year on further possible changes to the stock of health and safety regulations.

Rail Deaths - Prosecution Planned

A prosecution is being brought against Network Rail over the deaths of two teenage girls heading out on a Christmas shopping trip in December 2005.

Olivia Bazlinton, 14, and Charlotte Thompson, 13, died when they were hit by an express train at a level crossing in Elsenham, Essex. They were on their way to do some shopping in Cambridge.

The father of one of the girls said the Office of Rail Regulation was planning to lodge charges over the deaths. Chris Bazlinton said a senior prosecutor would lodge the summons at Chelmsford Magistrates' Court.

Mr Bazlinton said the families "never felt that we had heard the whole story". He added there seemed to be "unanswered questions" from various inquiries which were held in the year after the girls died.

Network Rail Chief Executive David Higgins said that since the accident there had been a major programme to update the assessments of 7,000 level crossings - improving risk management and safety. He added that the company had closed more than 500 crossings since 2009.

The first hearing is due to take place at Chelmsford Magistrates' Court in Essex on 31 January 2012.

Mistakes Led to Helicopter Deaths

A problem was highlighted with a North Sea helicopter a week before it crashed killing 16 people, according to an accident report published this week.

Operators had planned to replace the main rotor gearbox of the Eurocopter Super Puma a week before the unit suffered a "catastrophic failure" and caused the crash.

The Air Accidents Investigation Branch (AAIB) reported that a magnetic particle had been discovered on the chip detector within the gearbox.

As a result, there were plans to remove the gearbox and replace it with a spare, but this was subsequently changed when it was not recognised as an indication of the second stage planet gear's degradation.

The report said: "The gearbox was declared serviceable by the operator and its planned replacement cancelled."

But it was the failure of the second stage planet gear, due to a fatigue crack, that contributed to the main rotor gearbox's problems and caused the death of all 14 offshore workers and two crewmen.

The helicopter was flying from the Miller Platform in the North Sea on April 1, 2009, when the main rotor separated from the fuselage, sending the aircraft into the sea.

Fire Service Managers in Court on Manslaughter Charges

Three fire service managers have been bailed until next year after appearing in court charged in connection with the deaths of four colleagues in a Warwickshire blaze.

Station Manager Timothy Woodward and Watch Managers Paul Simmons and Adrian Ashley have been charged with gross negligence manslaughter. The charges followed a probe into the deaths of their colleagues in November 2007.

Fire fighters Ian Reid, John Averis, Ashley Stephens and Darren Yates-Badley all died in the fire. They had been battling a warehouse blaze in Atherstone-on-Stour.

The defendants were not required to enter a plea to the charges at the hearing at Warwick Crown Court. Warwickshire County Council also faces a charge of failing to ensure the health and safety of its employees in relation to the blaze.

Simmons, 50, from Hampton Magna, Warwickshire, Ashley, 45, from Nuneaton, and Woodward, 50, from Leamington Spa, are next expected to appear at Stafford Crown Court in January 2012.

CRS raises concerns about rising work deaths

Corporate Risk Systems Limited (CRS) raises concerns today over rising work-related deaths, suggesting the figures could be a delayed effect of the recession and ‘belt-tightening’.
Health and Safety Executive (HSE) annual statistics show that from April 2010 to March 2011, workplace fatalities have risen to 171 – up from 147 last year. Overall, 26.4 million working days were lost to injury and ill-health across the 12 months, but encouragingly, incidents of injury and ill-health are down overall.
CRS Managing Director Stephen Asbury said: “It’s disappointing that the drop in fatal injuries from last year hasn’t been maintained - even one death is too many. We’re concerned that this could be a delayed knock-on effect of recession and ‘belt-tightening’ – like cutting back on training and maintenance – that could now be beginning to bite.
“The solution is better health and safety management. With this, employers can play a part in reversing the tide once again - saving lives, supporting business and sustaining the UK economy.“
While fatalities have increased, the number of major injuries is down from 26,268 in 2009/10 to 24,726, and where injuries have kept people off work for four or more days, these show a drop of six per cent to 90,653. And where illness is concerned, an estimated 1.2 million people said they had a condition that had been caused or made worse by work, compared to 1.3 million last year.
Stephen added: “These slightly improved figures on injury and ill-health are welcome and it’s positive that fewer people returned home from work with conditions that are preventable. However, far more still needs to be done. In the current climate it can be difficult to tell whether these figures show genuine improvement in occupational safety and health management, or whether they reflect lower levels of industrial activity during this period of austerity.”
Following these new statistics, Britain continues to have the lowest rate of fatal occupational injuries in Europe, as well as one of the lowest levels of work-related ill-health.
In the announcement this week, HSE chair Judith Hackitt said: “Britain can be proud that it has one of the best health and safety records in Europe, but as the increase in the number of fatalities makes clear we can never let up in our commitment to addressing the serious risks which continue to cause death and injury in workplaces.
“HSE will continue to work with employers, employees and other organisations to maintain and, where necessary improve, health and safety standards. We all have a responsibility to make sure serious workplace risks are sensibly managed."
Among other statistics, the construction and agricultural industries have the highest levels of work-related injuries.

Sick Leave "A Big Problem for UK Firms"

A soon to-be-published-report looking at ways of slashing the £60 billion cost of poor health among workers will state the rules around sick leave and GPs signing patients off work should change.

The director for health and work, Dame Carol Black, and the former director of the British Chambers of Commerce, David Frost, were asked by ministers to undertake the research.

Their report will argue that independent assessors should have the final say on absences for illness and not GPs, and businesses that hire people with continuing health problems should be given tax breaks.

The British Chambers of Commerce director-general John Longworth said: "Sickness absence and the rules that surround it are a big problem for UK firms - 70% of businesses believe that the rules on how to handle sickness absence are burdensome. On that basis, we welcome the deregulatory measures recommended in this review."

Lord Freud, Welfare Reform Minister, added that people on long-term sick leave were not given any help or guidance for up to 24 weeks and this then meant people were unnecessarily drifting onto state support.

Man to Spend Five Years in Jail for Storing Waste in his Back Yard

A California man has been ordered to spend five years behind bars - the longest prison term ever handed down by a California federal judge in a hazardous waste case - for illegally storing toxic and explosive hazardous waste in his backyard, posing a threat to neighbours. Edward Wyman, 64, was also ordered to pay $800,000 to the U.S. Environmental Protection Agency for costs associated with the 47-day clean-up response.



Wyman was convicted in April of violating the federal Resource Conservation and Recovery Act, along with a special finding that his conduct knowingly placed another person in imminent danger of death or serious bodily injury. In handing down the
sentence this week, U.S. District Judge George H. King said Wyman's crimes were "not victimless or hyper-technical offenses," but rather constituted "a real and present danger" to the defendant's family and neighbours. During the clean-up, EPA contractors were forced to call out the Los Angeles Police Department's bomb and arson squad seven separate times to deal with possible explosives mixed into the burned debris, prosecutors said. Wyman was charged in June 2009, soon after fire fighters responded to a report of a fire and explosions at his home. Investigators discovered a large cache of toxic materials, such as thousands of rounds of corroded ammunition, lead-contaminated waste from shooting ranges, hundreds of pounds of decades-old gunpowder and military M6 cannon powder, and industrial solvents that contained 1,1,1-trichloroethane and tetrachloroethylene, which are potent chemicals listed as hazardous substances under US laws, prosecutors said. Wyman did not have a permit to store any of the materials, authorities said.



Because ammunition was exploding in the fire, fire fighters had to wear bulletproof vests. The sentence "demonstrates the serious nature of federal environmental crimes," U.S. Attorney Andre Birotte Jr. said. "Federal environmental regulations exist to protect both public safety and the environment," he said. "The Department of Justice is committed to protecting the environment and to prosecuting persons who threaten the community through their illegal actions."

CRS Mighty Mini Raises over £2000 for Local Charities

A good day was had by all at the 2011 Castle Combe Mini World Action day, where drivers from the Mightys and Supers racing series took their race Mini’s out for fast passenger laps. Team CRS were represented with the CRS Mighty Mini and team drivers Caroline and David. Despite the bad weather over 120 people paid for a fast passenger laps and over £2300 was raised for local charities.

Rodney Gooch, Castle Combe Director emailed “As always it was a pleasure having all you guys here, I know I say it each year but for you all to turn up, wear out your race Minis and tyres, spend a lot on fuel and then give all the money away, it always seems a very British thing to do.
You are all very much part of the event and will always be very welcome.”

Rare Toy Car accepted into museums collection

BP reveals British Oil Spill Planning for Shetland, UK

BP has drawn up contingency plans to tackle an oil spill off Shetland, twice the size of its Deepwater Horizon disaster in the Gulf of Mexico.

The oil giant revealed its "worst-case scenario" Oil Pollution Emergency Plan in a submission to the UK government. The company is seeking approval to start drilling a new exploratory well 80 miles north west of the islands early next year.

WWF Scotland claimed BP's plans would not prevent a major impact on wildlife.

BP has been exploring the deep waters west off Shetland since the 1970s and producing oil from the area for more than 15 years.  Its latest plan is to drill a new well, known as the North Uist, in a depth of nearly 1,300m of water.

BP has outlined a potential situation involving a leak of 75,000 barrels a day for 140 days - a total of 10.5 million barrels of oil.  It said it had incorporated the lessons learnt from the Deepwater Horizon incident into the overall planning for the well.

Dr Richard Dixon, from WWF Scotland, told BBC Scotland the risks involved in drilling were too great. He said: "This is a worst case scenario, but it is a realistic scenario. So this could happen.

Worse than 'Braer'

"If things went wrong in the same way they went wrong in the Deepwater Horizon disaster, and the measures that BP tried to put in place didn't work very well, we could have 140 days worth of very significant oil spill.  "This could be a 100-times worse than the Braer disaster.". That disaster, in 1993, saw a tanker run aground off the coast of Shetland resulting in an oil spill of 85,000 tonnes.

Bureau of Safety and Environmental Enforcement files "incidents of non-compliance" on BP, Transocean and Halliburton

The U.S. offshore drilling regulator on Wednesday formally issued sanctions
against BP and the major contractors for the 2010 explosion on the Deepwater
Horizon rig that killed 11 workers and unleashed more than 4 million barrels
of oil into the Gulf of Mexico.

The newly formed Bureau of Safety and
Environmental Enforcement filed 15 "incidents of non-compliance" to the
companies. It did not release details of how much the companies may face in
fines.

By law, the companies face fines of up to $35,000 a day, per incident for the violations. The infractions uncovered during the federal probe of the accident were outlined in the Interior Department's final report on the disaster, released last month.

BP, owner of the ruptured Macondo well, received seven sanctions, notices for violations ranging from failure to protect health and property to failing to keep well under control at all times.

In a first for the department, BP's contractors Transocean, which owned the Deepwater Horizon rig, and Halliburton, which carried out cementing on the well, also face sanctions. The contractors each received four notices of violations.

Traditionally, the department has only litigated against a well's operators for rule infractions. But after last year's spill, the department has asserted its has authority to regulate contractors too. The decision to sanction Transocean and Halliburton reflects the "severity of the incident, the findings of the joint
investigation, as well as Secretary Ken Salazar and Director (Michael)
Bromwich's commitment to holding all parties accountable, " the regulator
said in a statement this week.

Health and safety and very very short skirts

This coverage appeared on BBC ‘Look North’ on 5 October 2011, with a school official blaming a skirt ban on health and safety. David Hampson, Chief Executive of the Tollbar Academy said: "There is a health and safety issue in this day and age with young ladies and very, very short skirts."
HSE Chair Judith Hackitt responded this week saying: "This is one of the worst examples we've seen of health and safety being used in completely the wrong context. There is nothing in health and safety legislation that allows schools to ban hemlines that aren't to a school's liking. Child protection and avoiding the sexualisation of young girls is important but it is a very different matter to preventing death, injury and ill health in the workplace which is what health and safety legislation aims to do. There are too many examples of health and safety being blatantly used as an excuse and we will continue to challenge it at every turn."
CRS says that schools are repeat myth-makers on health and safety. Banning school trips and sports days present safety in the wrong context to both students and parents, and we recommend that they should consult a properly-qualified health and safety professional for sensible safety advice. This generally means someone with Chartered membership (CMIOSH / CFIOSH) of the UK professional body IOSH.

CRS says that schools are repeat myth-makers on health and safety. Banning school trips and sports days present safety in the wrong context to both students and parents, and we recommend that they should consult a properly-qualified health and safety professional for sensible safety advice. This generally means someone with Chartered membership (CMIOSH / CFIOSH) of the UK professional body IOSH.

Locals Angered by Damage to Astrolabe Reef from 'Rena' Oil Spill

Prime Minister John Key is flying into Tauranga today to view the looming
environmental disaster that is the stricken container ship as anger grows
over the time it has taken to respond.

The widespread criticism comes as
expert crews prepare to start work cleaning up the 20 tonnes of oil
estimated to have leaked out of the 236m Rena - four days after it hit
Astrolabe Reef. Maritime New Zealand says oil recovery teams are heading out
on the water this morning to collect oil spilled from the cargo vessel Rena.
The fuel vessel Awanuia is due to arrive today to help offload the 2000
tonnes of oil threatening to spill into the Bay of Plenty. By tomorrow, four
naval vessels will be present. 10 Australian Defence personnel who'd had
experience working on the Montara oil spill response in the Timor Sea in
2009 will be helping with the on-water recovery operation.

No further oil has been reported as seeping from the vessel overnight. Fresh oil found yesterday afternoon had dispersed by last night. Another oiled little blue penguin has been recovered and taken to the wildlife facility in Te Maunga. That brings the total number of oiled birds recovered to eight.

The 5km oil slick across the sea is already being cited as exposing the dangers of deep sea oil exploration. Green Party oceans spokesman Gareth Hughes said the inability of New Zealand to cope was exposed by the need to call on Australia for help. "We have to put a moratorium on even testing [oil] wells in New Zealand waters until we can prove that our oil spill response plans are adequate."

Environment Minister Nick Smith said yesterday it was possible to manage the risks of exploration. He said proposed laws would ensure the proper protection was in place when they were passed. Maritime pollution response co-ordinator Mick Courtnell said it had the potential to be similar to the Gulf of Mexico disaster which left the Florida coast
knee-deep in thick oil.

Cracks were visible in the hull of the Rena yesterday and boaties had learned through the marine radio that the front
compartment had been crushed by 2m. "We're not mopping up spilt milk in the
kitchen. It could be a long term beach clean-up. If the ship breaks in half and all the oil comes to shore, it will be buckets and spades sort of stuff."

Bay of Plenty residents told of their outrage over the time it was taking to respond. Brett Keller, of Tauranga. Marine Charters, said the past
four days of calm weather should have been used to get containers off. "From
what I've seen so far they're woefully under-prepared, " he said. "People
here are getting more annoyed by the day by the lack of action. It's been
four days now and still nothing." Earth 2 Oceans dive centre owner Rachel
Rolston said she was "horrified" by the amount of time it was taking. "There
seem to have been slow, ill-equipped and inefficient responses from the
organisations and departments that should have been doing something about this. People here are angry. They're really angry." Mark Tucker, operator of sight-seeing company Orca Explorer, said he felt authorities were not doing enough to soak up the oil already in the water. "If the wind turns on shore it will hit the beaches. It's like tar, it'll be impossible to clean up." On
Thursday, Tucker heard Maritime NZ officials trying to reach Rena's captain
through maritime radio channel 12. "The officer said the captain was
sleeping in his cabin and refused to wake him up."

The oil spill was not enough to put off Mt Maunganui's Gary Plane, 52, from taking his 90hp runabout out yesterday. He steered clear from Astrolabe, his favourite spot, but still came home with 19 snapper and tarakihi. "I'm worried about that ship breaking," he said. "That whole area is a very unique eco-system. It will be a disaster. That ship must have been miles off course. It should never have happened."

BP Deepwater Horizon Final Investigation Report (Volume I II and Appendices)

The Bureau of Ocean Energy Management, Regulation and Enforcement (BOEMRE)/U.S. Coast Guard Joint Investigation Team (JIT) this week released its final investigative report on the 20 April 2010 ‘Deepwater Horizon explosion, loss of life, and resulting oil spill. The report is comprised of Volume I, covering the areas of investigation under the jurisdiction of the Coast Guard; Volume II, covering the areas of the investigation under BOEMRE jurisdiction; and a supplement to Volume I – the Final Action Memo from Coast Guard Commandant Adm. Bob Papp.

The JIT was formed on April 27, 2010, by a convening order of the Departments of the Interior and Homeland Security to investigate the causes of the Deepwater Horizon explosion, loss of life, and resulting oil spill, and to make recommendations for safe operations of future oil and gas activities on the U.S. Outer Continental Shelf (OCS). The JIT held seven sessions of public hearings, received testimony from more than 80 witnesses and experts, and reviewed a large number of documents and exhibits
pertaining to all aspects of the investigation.

Volume I, released April 22, 2011, includes findings on five aspects of the disaster under Coast Guard jurisdiction – including the explosions on the Mobile Offshore Drilling Unit (MODU) Deepwater Horizon; the resulting fire; evacuations; the flooding and sinking of the Deepwater Horizon; and the safety systems of the MODU and its owner, Transocean. The Coast Guard's Final Action Memo details actions directed by Adm. Papp, as a result of the JIT's work, reflecting the Coast Guard's commitment to all of those affected by this tragic yet historic event and underscoring its commitment to the stewardship of our maritime environment.

Volume II includes findings on the causes, both direct and contributing, of the Macondo blowout and the resulting explosion and fire aboard the Deepwater Horizon. In Volume II, the JIT details evidence developed during the investigation and concludes that BP, Transocean and Halliburton’s conduct in connection with the Deepwater Horizon disaster violated a number of federal offshore safety regulations under BOEMRE’s jurisdiction. Volume II also includes recommendations for the continued improvement of the safety of offshore operations.

In the wake of the Deepwater Horizon tragedy, BOEMRE launched the most aggressive and comprehensive reforms to offshore oil and gas regulation and oversight in U.S. history. The reforms strengthen requirements for everything from well design and workplace safety to corporate accountability. An additional rule, which will be made available for public comment in the coming weeks, will incorporate additional safety requirements that are related to the findings of the investigation.

For more information on BOEMRE's new heightened safety standards, go to http://www.boemre.gov/Reforms.htm.

Chapters of the final JIT Investigative Report can be downloaded below:

Volume I - View Here
Volume II - View Here
Appendices - View Here
Adm. Papp/Director Bromwich Covering Memo - View Here

More information regarding the JIT investigation can be found Here

Sustainable Business Practice Case Study - Corporate Risk Systems Ltd

As a Health, Safety and Environmental Consultancy and Training Organisation Corporate Risk Systems where looking for a way to demonstrate their environmental credentials and tackle some of their environmental impacts. The organisation decided that a Carbon Reduction and Offset programme, would deliver environmental improvements and raise the profile of its environmental services. In 2005 the organisation set about developing an internal carbon management plan, carbon footprinting calculation and offset programme with a third party verified organisation. CRS is possibly the first environmental consultancy to offset its carbon footprint, and has continued to Offset its footprint every year since. The Offset programme logo was published on all of the organisations emails, newsletters and training materials. In 2009 the organisation the organisation used the Think Global, Act Local ethos, to celebrate its tenth Anniversary supporting habitat creation in the National Forest where Corporate Risk Systems is based, and also supported the Pacific Whale Foundation, through the sponsorship of dual branded promotional materials.  These initiatives supported key marketing messages for the expansion of the range of the organisations environmental training and consultancy services. The approach paid dividends in 2010 organisation when the organisation won a global oil and gas sector contract, a major contract in the emergency services sector,  expanded its delivery of open courses, and was acknowledged by being a finalist in the 'Most Effective Environmental or Green Initiative' category of the Burton Mail Business Awards 2010.

CRS awarded Preferred Supplier Status with Career Transition Partnership

Stop Press ………
CRS has just been awarded Preferred Supplier Status within the Career Transition Partnership (CTP) which is the Ministry of Defence working with Right Management.
Service leavers of all ranks from the Royal Navy, Army, Royal Air Force and Royal Marines will all benefit from CRS’s resettlement support, career transition advice and training opportunities.
This status is highly sought after as it is recognition that as an effective supplier of health, safety and environmental training that our accredited courses are approved to the highest of standards and all service leavers throughout the UK and the world seeking a new career can be assured that they are in safe hands.
Charles Ford, Business Development and Marketing Director stated “I am thrilled with the news of the approval as it is a vindication of CRS providing quality training and education to a wide range of companies and students at various training locations throughout the UK. It also provides CRS a platform to assist the Armed Forces with the correct unbiased career advice they need and whether a health and safety profession is the correct career route.  I am very proud to have a built a reputation based upon honesty; integrity and trust where I receive many referrals as evidence of the support and guidance I have given to previous service leavers who are now working in the health and safety industry. Distinctions are a measure of application and pre-course preparation that is within the grasp of every service leaver who starts a training course with CRS and one I recommend at every opportunity. I am looking forward to working closely with CTP in being able to provide an enjoyable and rewarding learning experience where obtaining the correct qualifications will furnish the service leaver with a better opportunity of future employment and a new career with new horizons.“
Charles Ford
BD&MD

New waste law in force from today!

Regulation 12 of the Waste (England and Wales) Regulations 2011 – comes into force today which states that businesses who import or produce, collect, transport, recover or dispose of waste, or who operate as dealers and brokers, must take all reasonable measures to apply the waste hierarchy when waste is transferred. For more information join one of Corporate Risk Systems Range of Environmental Courses.

US Court rules against Chevron in Ecuador case - further update

Ecuadorans suing ChevronTexaco over pollution in the Amazon rain forest are now one step closer to collecting a $9.5 billion judgment against the San Ramon
company.  This week, a U.S. appeals court lifted a lower court's order that had blocked the Ecuadorans from collecting money in the long-running lawsuit.

In February, a judge in Ecuador ruled that Chevron should pay to clean up contamination in the oil fields where Texaco, bought by Chevron in 2001, once worked. But the company persuaded a U.S. judge to block enforcement, arguing that the verdict was the result of fraud. Chevron even
filed a criminal conspiracy case against the Ecuadorans. Monday's order by
the Second U.S. Circuit Court of Appeals in New York put that case on hold.  It also lifted the injunction, issued by U.S. District Court Judge Lewis Kaplan, that had prevented the Ecuadorans from collecting the massive judgment against Chevron.

"We are very excited that the court has reached this decision," said Jim Tyrrell, an attorney representing the Ecuadorans. "It represents a triumph of the rule of law over the sensationalism created by Chevron's PR department."

The appeals court, however, denied the
Ecuadorans' request to remove Kaplan from the case. They consider him
biased, based on comments he has made in court.

A Chevron spokesman could not be reached for comment. The order does not mark the end of the marathon lawsuit. Nor does it mean that the Ecuadorans can immediately try to collect on the verdict against the oil company. Chevron has appealed
the case in Ecuador, and under that country's legal code, the plaintiffs
can't enforce the judgment until the appeals run their course, said Karen
Hinton, a spokeswoman for the Ecuadorans and their legal team. It's
impossible to know, she said, just when the appeals will wrap up. "It could
be tomorrow, it could be 2012," Hinton said.

In addition, Chevron took its grievances to an international arbitration tribunal in The Hague, Netherlands, arguing that courthouse corruption in Ecuador had denied the company due process. The tribunal issued an order instructing the Ecuadoran government to suspend enforcement of the judgment, although the people suing Chevron insist that as private citizens, the order does not apply to them.

Texaco drilled for oil in northeastern Ecuador from 1964 to 1992, working in
partnership with the state-owned oil company, Petroecuador. When Texaco
pulled out of the country, it reached an agreement with the government to
clean up a portion of the area, leaving the rest to Petroecuador, which continued operating there. Chevron blames Petroecuador for the area's
current pollution. Chevron no longer has any assets in Ecuador. As a result,
the Ecuadoran plaintiffs must try to enforce the judgment in other countries
and have drafted detailed plans to do so. The first version of the lawsuit was filed in 1993. In February, a judge in the oil-patch town of Lago Agrio fined the company $9.5 billion.

The fine will jump to $18 billion if Chevron doesn't publicly apologise for its actions within 15 days after the end of the first appeal in the case.

Disaster victim's daughter relives Glasgow blast from 40 years ago

On Rosemarie Strain's 14th birthday, they buried her mother Jean. The shop assistant was one of 22 people who died in the Clarkston disaster – Scotland's worst peace-time explosion.

Next month marks the 40th anniversary of the gas blast, which ripped through the shopping precinct at Clarkston Toll on the south side of Glasgow. Many of the casualties, including at least 100 injured, were women – shop workers and mums – doing their messages before their kids came home from school.

Days before, workers complained about an overwhelming smell of gas but, despite inspections through the night, no source was found and the all-clear was given on the morning of the catastrophe.

Jean and her husband John had eight children, ranging from five to 22 years old, and she had just started a job in a grocer's that Monday. After her first day, she said the smell of gas was giving her a headache and, by the Wednesday, the fumes and her pain were much worse. Rosemarie said: "My dad wanted her to quit the job on the Thursday because he was worried but she insisted on finishing out the week. "The explosion happened that afternoon. If only she had listened."

Rosemarie was off school that day and was at home in Arden, a few miles away, with her dad. Although they heard ambulances pass, they knew nothing until they switched the TV on at teatime and saw the carnage unfold.

The explosion happened at 2.52pm but it was 2am before police arrived to confirm Jean had died. John and Jean had been pen-pals when she was 15 and they married at 16. She was 38 when she died. When John passed away four years ago, he was buried next to her. Rosemarie said: "My dad was in a terrible state. He later married another lovely woman but I don't think he ever got over it."

Rosemarie remembers vividly the last time she saw her mum as she ran out of the door, telling her teenage daughter: "Get something for tea and fix that hair of yours." Rosemarie said: "It was my birthday on the day of the funeral. I was looking after my wee sister Valerie, who was only five. We all rallied but losing mum was devastating for all of us. "We had to tell the little ones that mum had gone to Heaven and they grew up without her.

"She was a lovely woman, my mum. She was so loving and we all missed her so much. We still do. It makes me so angry to know there was obviously a leak and the explosion should never have happened."

The force of the blast, equivalent to a 300lb bomb, blew out the front of 10 shops. It was October 21, 1971, a typical rainy afternoon, and thankfully the bus-loads of children who normally disembarked at the Toll were not due for another half an hour.

George Weir, then 19, was a few hundred yards away from the shops when he heard "a dull thump". As he crossed the nearby bridge, he caught sight of the carnage below. He said: "The one thing that stays in my mind was there was no sound. "People were mulling around, dazed and shocked, but there was silence – it was so strange."

The car park above the shops had collapsed, sending an avalanche of rubble hurtling to the street below.
George hooked up with a police officer and they ran into the mountain of debris. The 59-year-old said: "People were tearing at the rubble with their hands. It was very hot in there. It was a dusky darkness.

"The policeman found a girl trapped by a wall that was on her legs. I literally picked the wall up. I will never know where my strength came from. "Bodies were lying everywhere. We were moving rubble and I picked up what I thought was rubbish but it was a dead woman lying behind a shop counter. She was crushed."

The floor of the shopping centre had fallen in and, from the depth of a crater below, George heard the screams of a girl and he managed to drag her out.
A fleet of 22 ambulances were dispatched to pick up the injured and dead. Young nurses wept as they fought beside firefighters and police to save as many lives as they could.

Ambulance man David Wright, then 20, described how he saw a mother crumpled on the ground shielding her little girl. He said: "It was very difficult to work. The screaming and moaning in the background made it hard to concentrate. "

One casualty, Charlie Cully from Dundee, was blown out of the top of a bus parked outside the Toll after the shop fronts came flying towards him.
He said: "When I came to, I was lying on the pavement. There was a woman close to me. "Her legs were twisted and she was very still. I knew she was dead." Florence Joseph, then 35, was on the bus that had stopped at the Toll on the way to East Kilbride. She said: "There was a thump and I bounced off my seat. There had been a woman serving behind the counter in the baker's but she had vanished and so had the shop front."

Ann Orr, then 16, was working in a grocer's. She was in the basement counting tins of food when there was a huge bang. The shop collapsed around her, burying her in a hail of shattered brick and glass. Ann was unconscious and would have died without the arrival of petrol pump attendant Alex McCluskey, who saw her head as he dug in the rubble, searching for survivors. Ann said: "The only way he could get me out was to pull me by the hair. It came out in big clumps. "I am so grateful he got me out. There was so much confusion and I could have died. I was lucky."

It took 30 years for a plaque to be
erected to honour the dead and many of the bereaved think their lost loved ones have been forgotten. Rosemarie said: "It is like it never happened. So many people died, they deserved to be remembered properly and they simply weren't."

No one blamed for explosion:

It has always angered the loved ones of the dead that a fatal accident inquiry held in 1972 found no one to blame for the disaster. Lasting 19 days, it was one of the biggest legal tribunals to take place in Scotland. The inquiry made legal history with the use of closed-circuit TV and more than 50 witnesses appeared, with another 700 questioned.

The blast was caused by gas escaping from the main into an un-ventilated space below the shops, which was why it was so hard to detect. But those acting for the victims claimed the shops should have been evacuated anyway as workers and customers had complained for days about the intense smell of gas.
There was compensation paid to those left behind but it was minimal.

Jean Strain's son David said: "The gas board were clearly to blame and it should never have happened. People had complained for so long about the smell, there was clearly a leak. "Many people were too upset to fight through the courts and any compensation was a pittance. The victims deserved a greater justice and deserve to be remembered."

US Report Outlines BP Oil Spill Failures in Gulf of Mexico

Poor risk management and a failure to respond to warning signs were behind the BP oil spill in the Gulf of Mexico last year, US investigators have said.

A US government report found BP made operational changes and didn't tell Transocean, the contractor that owned and ran the doomed Deepwater Horizon rig.

Meanwhile, Transocean missed vital opportunities to fix problems in the a cement casing when they misinterpreted a pressure test, it said.

On April 20 2010, an explosion on the Deepwater Horizon rig caused the death of 11 workers.  In the subsequent oil spill, 4.9 million barrels of oil flowed into the Gulf of Mexico before the leak was finally capped.

CRS Environmental courses - record results?

Corporate Risk Systems would like to congratulate all of its summer NEBOSH Environmental Management Certificate delegates on another fantastic set of results.  The CRS Environmental Team achieved a 100 % Credit plus rate (all delegates attending our July 2011 Courses achieved a credit or above grade) and a 53 % Distinction rate across a range of trainers, venues and delegates.  The course covers a broad range of environmental topics including:

• ISO14001 implementation
• Waste legislation and minimisation
• Air, water and land pollution control
• Emergency planning
• Carbon Management
  

Unable to attend one of our taught courses,? Looking or the next step?  Contact us about our unique IEMA applied learning Environmental Management Course; learn by doing in your own workplace, at your own pace with no exams find out more at www.crsrisk.com.

So whether you are from a forces, private or public sector background, new to environmental issues or experienced, isn’t it time you joined one of Corporate Risk Systems range of environmental courses, to expand your career potential, develop your organisation’s environmental management system and ensure legal compliance?

For more information drop us a line at advice@crsrisk.com or call 01283 509175.

South Wales inventor injured in Vodka blast

An inventor has been injured in an explosion, after apparently producing vodka in a house in Rhondda Cynon Taf.

Lawrence Toms, 44, from Tynewydd, near Treherbert, was taken to hospital with burns to his hands and face.

Ten terrace houses were evacuated as a precaution as the fire spread through three roof spaces.

Police said Mr Toms had not done anything illegal because it is not a criminal offence to produce alcohol for private use.

Four fire engines and a water bowser were called to the scene after the explosion.  A spokeswoman for South Wales Fire and Rescue Service said it took three hours to bring the fire under control.

Massive explosion

Neighbours described hearing a huge blast.  One, Gavin Rees, 28, said he then looked out of the window and saw Mr Toms in his underwear with serious burns to his arms.  "I took him in and ran his burns under the tap until the paramedics took him away."

Hannah Knowles, 63, who lives opposite, said: "I looked out the window and saw giant jets of flame shooting out of the roof of Mr Tom's house. I've never seen anything like it. "His windows were blown out but luckily for me his camper van was parked outside and that shielded me from the blast."

Entrepreneurship

Graduate Mr Toms runs his own small company which makes, among other things, gift paper and stationery from sheep droppings.  In 2006 he won a £20,000 Millennium Award for "social entrepreneurship" .

He is being treated at Morriston Hospital in Swansea where he was described as "stable".

South Wales Police said they believe the explosion was caused by home-made alcohol.  "The windows were blown out of the property and it was lucky no one in the street was injured," said a spokesman.  "We believe the explosion was triggered by a home-brewing kit. But officers are satisfied he was making it for his own consumption and this was not a commercial operation.". Officers took the apparatus away for examination.

http://www.bbc.co.uk/news/uk-wales- south-east-wales-14841777

Defra/DECC releases new guidance

Defra/DECC releases new guidance and 2011 conversion factors for GHG reporting, http://www.defra.gov.uk/publications/2011/09/01/ghg-conversion-factors-reporting/

Civil Sanctions Quick guide

Last month CRS blogged about the first use by the Environmental Agency of their new Civil Sanction powers, but when can civil sanctions be used?

Civil sanctions can be used for offences committed in England after 6 April 2010 or after 15 July 2010 in Wales. Civil sanctions are available for offences under the following regulations:

• Control of Pollution (Oil Storage) (England) Regulations 2001
• Environment Act 1995
• Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 2000
• Hazardous Waste (England and Wales) Regulations 2005
• Hazardous Waste (Wales) Regulations 2005
• Land Drainage Act 1991
• Nitrate Pollution Prevention Regulations 2008 (England only)
• Producer Responsibility Obligations (Packaging Waste) Regulations 2007
• Salmon Act 1986
• Salmon and Freshwater Fisheries Act 1975
• Sludge (Use in Agriculture) Regulations 1989
• Transfrontier Shipment of Waste Regulations 2007
• Water Industry Act 1991
• Water Resources (Environmental Impact Assessment) (England and Wales) Regulations 2003
• Water Resources Act 1991.
  

Civil Sanctions focus on investment in environmental clean-up rather than paying fines, they provide the Environment Agency (EA) with a more flexible range of options, so that they can choose the most appropriate enforcement action when an offence occurs.  Unlike prosecution, civil sanctions are imposed or accepted directly by the EA. There are six types of civil sanctions:

• Compliance Notice - a regulator's written notice requiring actions to comply with the law, or to return to compliance, within a specified period;
• Restoration Notice - a regulator's 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 the regulator may impose for a specified minor offence;
• Enforcement Undertaking - an offer, formally accepted by the regulator, to take steps that would make amends for non-compliance and its effects;
• Variable Monetary Penalty - a proportionate monetary penalty, which the regulator may impose for a more serious offence;
• 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.
  

Find out more on CRS’S range of Environmental Courses here.

Student of the Year 2011 – NEBOSH National General Certificate

Charles Ford, Business Development & Marketing Director presents the "NEBOSH Student of the Year Award" to Ian Hardbattle, Health and Safety Officer, Rsv Forces and Cadets Association for Yorkshire and the Humber.
Charles enjoyed presenting Ian with his award as he has very fond memories of Ian showing him around the Army Foundation College at Harrogate whilst still a serving member of HM Forces and joining him in the Officers' Mess for lunch.
“The prospect of completing both the NEBOSH Fire and General Certificate as a combined package seemed extremely daunting at first however the CRS approach to training did much to alleviate pre start nerves and worries. A comprehensive pre study package was provided along with a host of tips and pointers to ensure that students arrived on day one in the right frame of mind. I think it is that attention to detail coupled with the outstanding level of instruction provided that proved to be the main contributors in my achieving Distinctions in both elements of the course. The icing on the cake for me was to be contacted by Charles to be informed that I had been selected for the "NEBOSH Student of the Year Award" it goes without saying that I am delighted and honoured to receive this award.”
“I would like to thank Charles and CRS for the outstanding service that was delivered in an enjoyable, professional, knowledgeable, and friendly manner where the students came first. I have no hesitation in recommending Charles and CRS to other MOD or civilian candidates.”

Student of the Year 2011 - NVQ4

Charles Ford, Business Development & Marketing Director presents the 'NVQ4 Student of the Year Award' to Carolyn Dukes, Principal Health and Safety Adviser - Public Sector
Charles stated that he was delighted to present Carolyn the award as she had worked very well with Jackie Holder-Wooloff (CMIOSH), individual tutor assigned to Carolyn after a difficult start.
Carolyn stated “I am very pleased to have successfully completed the NVQ Level 4 in Occupational Health and Safety Practice with CRS, and proud to have been awarded "NVQ Student of the Year". The course is challenging at times and let me view my business' safety performance against a comprehensive set of health and safety performance criteria. As well as being a valuable development experience personally, it has provided my employer with tangible business benefits in improving safety management. The combination of academic work, researching each unit and producing reports, was well balanced with day to day practical application in the workplace.
I would like to thank CRS for managing the NVQ process, and in particular the encouragement, support and guidance from my assessor, Jackie Holder-Woolloff, who made the experience enjoyable and rewarding."

CRS Mighty Mini joins the National Trust's Collection

A 1:43 scale Corgi Lledo Mighty Mini as driven by Caroline Gilbert in the BRSCC Mighty Mini championships, and sponsored by Corporate Risk Systems Limited has been accepted into the National Trust collection at the Museum of Childhood, Sudbury Hall, Derbyshire.

Accepting the superb scale replica of the car (pictured) for the National Trust, Sue Fraser, Collections Assistant said “Thank you so much for kindly donating the limited edition Mini Cooper. At the moment, we are not in theory accepting objects into the collection as we have an embargo in place for 2011, but we have decided to make an exception in this case, as it comes with such an interesting background.”

Just 1001 of these cars were produced in 2006 for Corporate Risk Systems Limited to commemorate the Ladies Championships won by driver Caroline in 2005 and 2006.  They have gone on to become extremely collectible by Corgi and model car enthusiasts.  Stephen Asbury from CRS says he has heard of instances where they have changed hands for hundreds of pounds on auction sites.  He said that as there were now just a small number left in the company’s goody cupboard, that he had been pleased to donate one to the National Trust.