CRS Launch New Online Booking System at - BFRS - Catterick

Ian Cliffen and Ros Stacey attended the British Forces Resettlement Service Event yesterday at Catterick, N Yorks.

CRS used this opportunity to launch their new MOD online booking system, which will enable MOD Personnel to find out about our Health Safety & Environmental Courses from their PC, IPAD, or Mobile Phone, they will also be able to download fact sheets, book on-line and get immediate confirmation of Courses, Dates & Venues at the touch of a button.

We had a fantastic time, and got to meet many of the MOD Personnel who will be leaving the forces over the next year or so. Many of them face being made redundant, the Government will announce just how many and who will be effected in the next few weeks, they are  now looking for a new career in civvy street, and needed advice on our Health Safety and Environmental Training Courses.

We had lots of people come to  our exhibition stand to talk about the options open to them, we were able to answer questions like, What options are open to me? How can I get the best value for money and utilise my Enhanced Learning Credits? What jobs will I be able to apply for once I have undertaken the training?

For more information about our NEW ONLINE BOOKING SYSTEM please click here.

So a Big thank you to everyone we met and we look forward to meeting you again on one of our Training Courses soon at a Venue near you.

Leading construction firm fined £295K as surveyor killed by reversing lorry

A leading engineering and construction company has been fined £250,000 for safety failings after a surveyor was killed by a reversing lorry during work to widen the M25 near Dartford.
Richard Caddock, 38, from Bexleyheath, London, was talking on a mobile phone and could not hear the approaching truck above the noise of nearby motorway traffic, when he was hit from behind on 8 April 2008.  The Health and Safety Executive today prosecuted his employer Costain Limited for failing to ensure adequate precautions were in place to separate the movements of people and vehicles.  Maidstone Crown Court heard that Mr Caddock, of Bexleyheath, London, had left a parked van and was walking northbound along a section of the central reservation closed off as part of a £65 million scheme to ease congestion between junctions 1b to 3. As he talked on the phone, a tipper lorry delivering crushed stone entered the same section and reversed northbound. Mr Craddock had walked approximately 30m when the truck hit him.  The surveyor sustained multiple injuries as a result of being run over by the eight wheel vehicle and was pronounced dead at the scene.
After the hearing HSE Inspector Melvyn Stancliffe said:  "This was a terrible tragedy that could easily have been avoided had Costain Limited implemented basic safety precautions.  Mr Caddock may have been distracted on the phone, but the drone of nearby traffic was such that he would have struggled to hear the reversing alarm on the lorry regardless. Quite simply the two should never have been allowed to be in the same place at the same time.  The movement of people and vehicles on construction sites requires careful planning and effective control. It must be considered a critical part of transport management. This case highlights that a failure to be in control can have devastating consequences."
Costain Limited, of Vanwall Business Park in Maidenhead, pleaded guilty to breaching 2(1) of the Health and Safety at Work etc Act 1974 in connection to the death. In addition to the £250,000 fine, the company was ordered to pay £45,000 in costs

Gas leak at Total platform in North Sea

Efforts are under way to control a gas leak from a platform in the Elgin field of the North Sea.

Operators Total E&P UK said "a well control problem" occurred on the wellhead platform in the Central Graben area, 240km off Aberdeen, at 12:15 today.

Total said all personnel had been accounted for and no injuries had been reported. Arrangements were being made to evacuate the installation of non-essential personnel.

Emergency procedures have been activated and the Coastguard and Grampian Police have been informed.

http://www.bbc.co.uk/news/uk-scotland-north-east-orkney-shetland-17505448

Army in training to deliver to petrol stations if 2000 tanker drivers strike

Army drivers are being trained to deliver fuel to petrol stations in case of a possible strike by tanker drivers.

The Unite union is balloting on industrial action, saying there have been "unrelenting attacks" on drivers' terms and conditions.

Cabinet Office minister Francis Maude said the government had "learnt the lessons" of the past and stood "ready to act" in case of a walkout.

Unite said the government should be putting pressure on oil companies. Len McCluskey, Unite's general secretary, said: "For over a year we've been desperately trying to bring about some stability in the sector and urging government ministers to persuade contractors and oil companies to engage in meaningful discussions with us. Unfortunately, it's proving difficult to get them to respond. That leads to frustration as workers feel that no one is listening to them."

The vote closes on Monday and any agreed strike could be held next month.
This means any industrial action could possibly be over the Easter weekend.
Mr McCluskey said a positive result was expected on the ballot.

"We'll need to analyse the turnout and feeling of members before deciding whether to take any industrial action, but we always hope that negotiations can resolve the situation," he added.

The 2,000 drivers being balloted account for 90% of those supplying petrol to UK forecourts.

Ministers say the training of army drivers will begin next week as part of contingency plans being drawn up to avoid major disruption to fuel supplies. Mr Maude said the government had learnt lessons from the fuel blockades of 2000 - which caused chaos and almost brought the country to a standstill.

"We are calling on the trade union Unite and the employers involved to work together to reach an agreement that will avert industrial action," he said.
"Widespread strike action affecting fuel supply at our supermarkets, garages and airports could cause disruption across the country. The general public should not and must not suffer from this dispute, and strike action is manifestly not the answer. Although we are pushing for an agreement, we have learnt the lessons of the past and stand ready to act to minimise disruption to motorists, to industry and, in particular, to our emergency services, in the event of a strike."

The Petrol Retailers' Association represents around 5,500 forecourts and its chairman, Brian Madderson, said he did not think the government was prepared for a strike. He told the BBC: "We have had no word from the Department of Energy and Climate Change whatsoever. So we have not been asking our members to keep their stocks at a high level. We just haven't heard anything from the Department of Energy at all."

http://www.bbc.co.uk/news/uk-17502973

Retailer does not learn £540,000 lesson in pollution control

Well-known west country retailer Trago Mills has been fined £10,000 for polluting waterways near its Cornish outlet, less than six months after being prosecuted for illegally dumping and burning waste at the site. In September 2011, Trago Mills was fined more than £185,000 by Torquay Magistrates’ Court after the EA found it had dumped more than 6,000 tonnes of waste, including asbestos, paints and chemicals, and illegally burned waste at its Liskeard and Newton Abbot sites.
The fine was later reduced to £65,000 by Exeter Crown Court to take into consideration the £475,000 the retailer had spent on cleaning up the sites.
In the latest offence Charles Robertson (Developments), the owner of Trago Mills, pleaded guilty to breaching its environmental permit by allowing poisonous, poor-quality effluent to be released from sewage treatment works at the group’s Liskeard out-of-town complex.
The firm is allowed to discharge treated sewage into a nearby waterway, however, during a routine inspection of the works in July 2011, an Environment Agency (EA) inspector found sewage sludge near to the discharge point and samples revealed levels of pollution 14 times higher than the site’s permit allowed.
Workers at the Trago Mills site halted the discharge of sewage immediately, in accordance with the officer’s request, but a further sample taken at the end of August revealed pollution remained, with high levels of ammonia still present.
The company blamed the poor quality of the discharge on the hot weather, which its representative said had caused a “sludge blanket” in the works, and a split pipe for agitating the sewage.
Bodmin Magistrates’ Court were told that Charles Robertson (Developments) was taking steps to improve the treatment process at the site, but it was also asked to take account of a further breach in January in sentencing the firm.
Responding to the case, EA officer Phil Christie said: “It is important sewage treatment works are regularly maintained and monitored to ensure they comply with their permit conditions. The Trago Mills sewage treatment works discharges into a tributary that flows for only a short distance before it converges with the River Fowey, a valuable salmon and sea trout river.”

Environmental Legal Review goes further than Loftstead

Defra has pledged to alter 70 % of legislation scraping 53 environmental regulations and improving 132 more, in response to the government’s red tape challenge review of legislation
Just 70 pieces of environmental regulation will be left untouched by Defra’s plans, with the department proposing to streamline the environmental permitting process, reduce the paperwork associated with managing and transferring waste, and scrap obsolete wildlife regulations.
Environment secretary Caroline Spelman said the plans will help to ensure the UK’s natural environment is protected by being “cheaper and easier for companies to follow”.
“This exercise was about getter better rules, not weaker ones…The results of the red tape challenge will be good for the environment and good for business,” she said.
As well as confirming the end of the Landfill Allowances Trading Scheme, which was outlined in its review of waste policy last year, Defra proposes repealing legislation requiring large construction sites to create a waste management plans, arguing the regulations are ineffective.
It also pledges to reduce the number of waste transfer notes that need to be completed by businesses, allowing instead for other forms of evidence instead and revealing plans for a new electronic system from January 2014.
Other potential changes to waste legislation include reviewing how the costs allocated to processing waste electrical and electronic equipment (WEEE) is passed on to producers and exempting more small businesses from the Battery Producer Regulations. These changes come despite Defra suggesting extending producer responsibility to cover WEEE in its action plan to improve the UK’s resource efficiency, published last week.
While the majority of reforms to the planning regulations will be published with the National Planning Policy Framework (NPPF) alongside the 2012 Budget, Defra has confirmed it will be expanding exemptions for development projects on common land, so fewer will have to apply to the Planning Inspectorate for consent. The environment department will also be releasing new guidance to reduce incidences of contaminated land being remediated unnecessarily.
Defra’s plans also include changes to the environmental permitting regime by aligning planning and permitting applications – to allow businesses to apply for both simultaneously – and by incorporating water abstraction licenses and flood risk consents.
The Environment Agency (EA) has been tasked to take a lighter touch approach to enforcement, focusing on those operations that pose the greatest environmental risk and those with poor performances, with Defra confirming its expectations that third-party audits could reduce the number of EA inspections in future and highlighting the current EMS+ pilots.
Another important area of reform, according to Defra, is legislation related to air quality and industrial emissions, but the department does not confirm how it intends to improve regulations, confirming instead that it plans to review the impact of all existing legislation, including the Clean Air Act, over the next year, ahead of a public consultation.
The department does, however, confirm that it will pursuing reforms of European air quality legislation, in particular, seeking amendments for requirements related to nitrogen dioxide emissions, which the UK is unlikely to meet.
The reforms, according to Spelman, will help to save UK businesses £1 billion in the next five years. Estimated savings include £140 million annually from avoiding unnecessary contaminated land remediation and £29 million saved each year by scrapping REACH provisions that require the removal of asbestos from second-hand articles.
Initial reactions to the proposals have been broadly positive, with Peter Young, managing director of the Aldersgate Group, describing them as largely sensible.
“I see relatively little weakening of environmental protection for the savings and efficiencies identified… For those who still see this process as deregulation it is what is not said which fails to put that concern to rest,” he said.
“Points which trouble me by their absence include where new regulation is the right way to help the environment and competitiveness (for example mandatory carbon reporting) it would be introduced without hesitation.”
The Environmental Services Association’s head of regulation, Sam Corp, said: “The [measures] seem to have a struck a good balance between protecting vital environmental standards and reducing unnecessary regulation. We particularly welcome the proposals to streamline environmental permitting and increase its alignment with the planning regime.
“We will be looking carefully at the proposals for waste transfer notes, to ensure that any alternative system of recording waste movements does not make life easier for the minority who deliberately flout waste law.”
Defra will now begin a review of the 10,000 pages of environmental regulatory guidance currently available and, in a similar way to the forthcoming NPPF, look to cut it down substantially.

Source IEMA

Cruise Ship Costa Concordia - work to remove fuel is 'complete'

Work to remove fuel from the wreck of the Italian cruise ship Costa Concordia has been completed, the Italian authorities have announced.

More than 2,000 tonnes of fuel and sewage have been drained from the ship which capsized after hitting rocks off the Tuscan island of Giglio on 13 January. There had been fears that pristine waters in the area might be polluted.

Thirty people died in the disaster and a further two remain missing, presumed dead.

The ship was carrying 4,200 passengers and crew when its hull was torn open by rocks. Captain Francesco Schettino
faces charges of causing the incident by steering the Costa Concordia too close to the island's shore, charges he denies.

The next stage of the salvage operation will involve cleaning up the sea bed and the area around the ship's hull before work begins to lift the wreck.

The removal of the Costa Concordia itself is expected to take up to a year.

Large 23 tonnes UK oil spill - ADNOC 'Tern' platform, Shetland

A large spill of oil happened at a platform off Shetland this week. Twenty-three tonnes of oil was discharged from the Tern platform, 100 miles from Lerwick, on Tuesday.

It is not being treated as an ongoing incident as the spill is understood to have been dispersed by rough weather in the area.

The platform is operated by Taqa Bratani, a subsidiary of the Abu Dhabi National Energy Company.

The Department of Energy and Climate Change said the incident was being attributed to process problems rather than drilling and did not involve a deep-sea installation.  A spokesman said investigations into the incident were taking place.

Labour's Shadow Energy Minister Tom Greatrex said the department must ensure there was no lasting environmental damage. He added: "It is concerning that news of the spill is only coming to light now, four days after the incident happened. The government must be fully transparent about what caused the spill, and the steps it has taken to resolve the matter."

http://www.bbc.co.uk/news/uk-scotland-north-east-orkney-shetland-17493694

Budget 2012 - De-regulation of health and safety legislation

The following has been published in the Budget 2012 on page 81  under the heading ‘Supply-side reform of the economy’ - http://cdn.hm-treasury.gov.uk/budget2012_complete.pdf

2.238 Health and safety – The Government will scrap or improve 84 per cent of Health and Safety regulation, including by:

• introducing legislative change in 2012 so that health and safety law will no longer hold employers to be in breach of their duties in civil law where they have done everything that is reasonably practicable and foreseeable to protect their employees;
• giving the Health and Safety Executive (HSE) authority to direct all local authority health and safety inspection and enforcement activity, in order to ensure that it is consistent and targeted towards the most risky workplaces. A code based on existing powers will be introduced in April 2013;
• amending the Health & Safety (First Aid) Regulations 1981 to remove the requirement for HSE to approve the training and qualifications of appointed first-aid personnel. Revised guidance aimed at small business will be published by May 2012, and provisions repealed by October 2012;
• amending the Reporting of Injuries, Diseases and Dangerous Occurrences Regulation (RIDDOR) and its associated guidance to provide clarity for businesses on how to comply with the requirements by October 2013. This is in addition to the legislative change being made in April 2012 to extend to seven days (from three) the period an employee needs to have taken off work before an injury or accident needs to be reported;
• HSE redesigning information on its website in 2012 to distinguish between the regulations that impose specific duties on businesses and those that define ‘administrative requirements’ or revoke or amend earlier regulations;
• HSE providing further help to businesses by summer 2012 on what is ‘reasonably practicable’ for specific activities where evidence demonstrates that they need further advice to comply with the law in a proportionate way;
• aiming to start health and safety prosecutions within three years of an incident occurring by April 2013;
• HSE inputting ideas for micro-exemptions or lighter touch EU health and safety regulation for SMEs to the European Commission, based on ideas raised during the Red Tape Challenge;
• agreeing that the insurance industry will produce guidance for SMEs setting out what is and is not required to demonstrate compliance with health and safety law when obtaining insurance cover as agreed at the Prime Minister’s insurance summit in February 2012;
• agreeing that the insurance industry also commits to challenge vexatious civil claims in order to tackle the compensation culture;
• and working with business and the ABI to build confidence in challenging such claims and ensure businesses have access to the right guidance and support.

Edinburgh tram bosses knew about toxic pollution risk two years ago

Bosses of the firm building ­Edinburgh's scandal-hit trams project were told TWO YEARS ago that they risked dumping toxic waste illegally.

It was revealed earlier this month that main contractors Bilfinger Berger dumped 800 tons of ­contaminated soil in ordinary landfill in a move that could have saved the firm up to £1million.
Evidence has now emerged showing the German firm were warned the stockpile contained heavy metals and chemicals and regarded the waste as contaminated until days before it was dumped in a facility for "clean" soil.

Edinburgh City MSP Neil Findlay said the revelation "beggars belief" and called for action to be taken against Bilfinger.
It is the latest in a long line of disasters to hit the trams project, which is already more than five years behind schedule and £200million over budget. A document seen by a Scottish newspaper shows Bilfinger Berger manager Brian Walker was warned in March 2010 that a stockpile of soil at the Baird Street site, close to ­Murrayfield stadium, contained heavy metals and chemicals. In their Waste Acceptance Classification report, experts Raeburn Drilling stated it contained harmful quantities of cadmium, fluoride, ­antimony and other materials such as mineral oil.

Bilfinger began talks to have 10,000 tons of toxic soil taken 15 miles to a specialist landfill site, Avondale, in Polmont, near Falkirk, where it would be handled by a specially licensed hi-tech environmental clean-up firm – preventing toxins from seeping into the environment.

But this treatment costs 10 times more than dumping at a conventional facility.
Bilfinger turned instead to engineers Stanger and have claimed their report, dated January 31 this year, led them to believe the soil was clean. Days later, 40 lorry loads of tainted soil were sent to a facility in Pumpherston, West Lothian, where only clean – or "inert" – soil can be taken.

The Stanger analysis was contested by government environment agency SEPA after whistle-blowers contacted them.
SEPA's own analysis of the data suggested the soil was contaminated – leading them to stop the removal operation on February 8, causing a five-week shutdown at the Murrayfield site.
They warned the material risks getting into drinking water and could cause an environmental disaster.

The stockpile has remained at the site, yards from scores of homes and a primary school, ever since.

Labour MSP Findlay is to present a damning dossier on the dumping scandal to Local Government Minister Derek Mackay. He wants heads to roll if laws or regulations have been broken.
He said: "I'm stunned and extremely concerned that the original report seems to be getting swept under the carpet. "As each day goes on I am more and more concerned about what has gone on. It seems to me that Bilfinger got a report from Raeburn and didn't like the look of it, as dealing with the soil in the correct manner would cost a lot of money.

"Why have Bilfinger ignored the Raeburn report and said that no one has ever pointed out that the soil is contaminated? The dangerous materials in the soil don't just evaporate, they remain in the soil, which is the whole point of having the materials treated by specialists. The facts are quite plain – 10,000 tons of soil that was judged to be contaminated by a highly reputable company are sitting just yards from people's houses and a primary school. It beggars belief that a company of this size, handling a project of vital importance to Edinburgh and Scotland, should operate like this."

When Bilfinger Berger was asked about the Raeburn report, the newspaper was originally told it was commissioned "for estimation purposes" and that "it didn't include a WAC test" – which the report itself contradicts.

Motherwell firm Raeburn yesterday confirmed they had been commissioned to carry out a WAC report. A spokeswoman said: "We were asked to carry out a waste classification for material at the site. We stand by our report, on what was tested and what was found."

Edinburgh City Council told the newspaper three weeks ago there was "absolutely no doubt" that the soil is contaminated.

When Bilfinger Berger was asked to explain why they chose to ignore the Raeburn report, they repeatedly refused to answer directly. A spokesman for the firm said yesterday: "Bilfinger Berger continue to cooperate fully with SEPA and are keeping the council fully up to date with the situation as it develops. In the meantime, we would like to ­reassure local residents that there is no risk to public health."

The trams project, connecting Edinburgh airport to the city, has been a financial disaster. It should have cost £375million, with trams running by summer 2009. But after a catalogue of blunders and four route changes, the cost has rocketed to £776million and the line will be less than half the size intended.

The line, which will now run from Edinburgh airport to York Place via stops including Murrayfield stadium, will not be ready until 2014. Taxpayers across Scotland are paying £500million, with the rest paid by ­Edinburgh City Council.

The tram project has been mired in controversy throughout its life.

Bilfinger Berger are a multinational German construction and engineering company. The firm's involvement with the Edinburgh trams project has been hugely controversial, with hundreds of disputes emerging between them, Edinburgh City Council and other contractors. The works have been dogged by delays and a dispute between the firm and now defunct tram company TIE, which pushed the project hundreds of millions of pounds over budget.

The original budget for taking the line from ­Edinburgh airport to Newhaven was £545million. However, the cost has grown steadily as the length of the line has reduced dramatically. Estimates for partial completion now approach £800million, leading critics to brand the project a "white elephant".

Alex Salmond has said a public inquiry will be held into the project once there is "greater clarity" about the scheme.

http://www.dailyrecord.co.uk/news/scottish-news/2012/03/23/tram-project-bosses-knew-dumped-soil-was-toxic-two-years-ago-confidential-report-reveals-86908-23798556/2/

WWII Explosives found at Nairn East Beach

Part of a Highland beach used to train troops for the D-Day landings in World War II has been shut off following the discovery of rusting explosives.

The two devices found by a member of the public at about 09:45 today were thought to have been exposed by shifting sand at Nairn's East Beach. Bomb disposal experts are heading for the scene from Edinburgh.

Nairn's beaches were used to prepare soldiers and sailors for the Allied landings in Normandy in June 1944. Military personnel were based at nearby Fort George at the time.

The remains of tanks used in the rehearsals have previously been found further east along the coast from Nairn. A Valentine tank was lost by the Royal Hussars at Culbin Forest and two others in Burghead Bay.

Northern Constabulary said a 100m (328ft) cordon was in place at East Beach. A spokesman said: "The ordnance was discovered by a member of the public in shifting sands at East Beach in the Kingsteps/Culbin area of Nairn. "A cordon remains in place and members of the public are being asked to avoid the area at this time. The area is popular with walkers and dog walkers and police are advising people not to visit that particular spot until it is made safe."

http://www.bbc.co.uk/news/uk-scotland-highlands-islands-17459234

Seven hurt in explosion at Croydon police station

Seven people have been injured in an explosion in the basement of a police station in south London.

About 50 fire fighters are tackling a resultant blaze, which began at about 11:20 today at Croydon police station.  Five people were taken to hospital, one of them said to be in a serious condition.

A police spokesman said the cause of the blast was unknown but said it was a "non-terrorist" incident.  At least some of those injured are understood to be builders carrying out work at the premises.  Cordons are in place around the building, on Park Lane.

The spokesman said the borough remains "fully operational" for police, adding "there has not been any disruption to service."  The force was unable to specify what building work has been taking place.  Health and safety investigators have been called in to investigate.

http://www.bbc.co.uk/news/uk-england-london-17447380

Pathway to MIEMA, another first from Corporate Risk Systems

Corporate Risk Systems has developed a Full Membership development programme to take delegates who have completed the Associate Certificate of IEMA to Full membership, and is an ideal final step for delegates looking to become the complete environmental professional.

The package will support individuals through action planning, written submission and the IEMA assessment for Full Membership (MIEMA). Support is also available to delegates who wish to become Chartered Environmentalist (CENV). This bespoke and unique product is a natural step for delegates completing the applied learning route to Associate membership but is open to all.  Head of Environment, Richard Ball highlights ‘ this unique product, allows Corporate Risk Systems to support candidates on the complete journey to becoming an environmental professional from underpinning knowledge in the NEBOSH Environmental Certificate, through to application in the AIEMA applied learning course, to professional with the Pathway to MIEMA’ . Corporate Risk Systems will be launching the Pathway to MIEMA at a summer event at Force India please contact Ros Stacey For more details.

IEMA Announces changes to Associate Certificate Syllabus

In a recent letter to all training providers of the AIEMA Certificate, IEMA have announced changes to the content of the course. The new standard will give delegates a range of knowledge more closely aligned to the demands of being an environmental professional.

Corporate Risk Systems’ unique Applied Learning approach to the course requires delegates to learn by doing rather than the ‘chalk and talk’ approach from other providers. The course is the next step for candidates who have an existing qualification such as the NEBOSH Environmental Certificate, but want to be able to learn how to put the knowledge into practice in the work place. The course can be completed in candidates own time and workplace with limited disruption and is based around six units:

1.    Global Environmental Issues
2.    Environmental Law
3.    Environmental Techniques
4.    Environmental Management Systems
5.    Environmental Communication
6.    Sustainability

The key changes to the course align with the CRS’s ‘learning by doing’ approach, incorporating a range of learning outcomes that focus of being an agent for change within an organisation rather that additional environmental academic knowledge, with new learning outcomes such as:

• Describe the main components of an environmental business case
• Explain the importance of environmental sustainability in value chain management
• Collect, analyse and report on environmental information and data
• Influence behaviour and implement change to improve sustainability
  

Corporate Risk Systems will be launching the new version of the qualification at a special event at Force India Formula One Team’s base this summer, if you are interested please contact Ros Stacey For more details

Camelford water poisoning - Authority 'gambled with lives' says coroner

The water authority responsible for the UK's worst mass water poisoning was "gambling with as many as 20,000 lives", a coroner has said.

West Somerset Coroner Michael Rose made his comments in a narrative verdict into the death of Carole Cross.

The 59-year-old lived in Camelford, Cornwall, when aluminium sulphate was added to the wrong treatment tank, polluting the drinking water in 1988. When she died in 2004, very high levels of aluminium were found in her brain.

Mr Rose criticised the then South West Water Authority for not informing the public about the poisoning for 16 days, describing the delay as "unacceptable". The coroner said Carole Cross had been exposed to the contaminated water and it may have contributed to - or caused - her death.

http://www.bbc.co.uk/news/uk-england- cornwall-17367243

MP presses for power to freeze company assets during accident investigations

A Labour MP has proposed a Bill that would give HSE the power to freeze part or all of a company’s assets if it was under investigation for a breach of regulations which had resulted in death or serious injury. The aim of the Bill would be to prevent companies from avoiding penalties by going into administration while being investigated.

Luciana Berger, Labour MP for Liverpool Wavertree, said, “It is vital that we have strong health and safety laws to protect workers and to punish negligent employers who ignore these protections. It is wrong that employers who have clearly broken the law can walk away without being properly punished. I hope the Government will take notice of my Bill and adopt this modest but vital measure, so that no company can avoid justice.”  The Bill received its first reading in parliament on 8 February 2012.

CRS Opinion:

The Bill has been introduced under what is called the 'ten minute rule', which means it is unlikely to get the parliamentary time necessary to make it onto the statute book. Nevertheless, the proposal is reported to enjoy some support, particularly from UCATT, the construction industry union, and could be advanced again in future.

More and more directors in the dock for safety offences

The number of directors and senior managers prosecuted under section 37 of the Health and Safety at Work Act 1974 has increased by more than 400 per cent in the last five years, according to figures released by the HSE in response to a freedom of information request.  In October last year, solicitor Lee Hughes asked HSE a number of questions regarding prosecutions of individual directors over the last 12 years. While HSE warns that the figures may not be completely accurate, it estimated that 43 directors, senior managers or company secretaries were

prosecuted under section 37 in 2010/11. This is the most since 1999/2000 and represents a significant increase on the lowest number of prosecutions during the 12-year period, which was just ten in 2005/06. There were 36 prosecutions in both 2008/09 and 2009/10.  The total number of individuals convicted under section 37 in 2010/11 was 35. In 2005/06 only five convictions were secured.

Interestingly, of the senior managers and directors prosecuted in 2010/11, seven faced charges as a result of a fatal accident investigation. In the remaining 36 cases there was either a non-fatal incident or the investigation had not been prompted by an accident of any sort. Following conviction, three directors were disqualified for periods of between four and five years under the Company Directors Disqualification Act 1986.



CRS Opinion:

These provisional figures support our own impression that there has been an increased willingness by HSE in recent years to prosecute individual directors and senior managers.  Section 37 of the Health and Safety at Work Act 1974 allows for the prosecution of an individual director, manager or similar officer if a health and safety offence has been committed with their consent or connivance or can be attributed to their neglect. Recent case law has confirmed that directors cannot avoid a charge of neglect under section 37 by arranging their organisation’s business so as to leave them ignorant of circumstances which would trigger their obligation to address health and safety breaches.

People found guilty are liable for fines and, in some cases, imprisonment. In addition, the Company Directors Disqualification Act 1986 empowers the court to disqualify an individual convicted of an offence in connection with the management of a company. This includes health and safety offences. However, disqualification is not confined to section 37 breaches. Other reasons could include breaches of sections 3(2), 7, 8 and 36 of the 1974 Act, as well as contravention of Improvement or Prohibition Notices.  Individual directors are also potentially liable for other related offences, such as the common law offence of gross negligence manslaughter. Under common law, gross negligence manslaughter is proved when individual officers of a company (directors or business owners) by their own grossly negligent behaviour cause death. This offence is punishable by a maximum sentence of life imprisonment.

Worker killed by modified machine

Kimberley-Clark, the toilet tissue manufacturer, has been fined £180,000 after a night-shift worker was killed at its Barrow-in-Furness factory in November 2007. The company was also ordered to pay costs of £20,000.  Christopher Massey, 28, was struck by a piece of machinery which had been left unguarded after modifications were made to it. HSE’s investigation found that the machine, which was used to produce rolls of Andrex toilet tissue, had been adapted four months earlier so that it could handle both two-ply and single-ply paper. The gap created by this modification was used by operators to check that the tissue was being fed correctly.

Mr Massey was killed when the machine began to move a two-metre wide reel of tissue into position as he was making a check through the gap. Mr Massey was struck on the head and died at the scene.  Preston Crown Court heard that the factory had been short-staffed on the night of the incident, with two of the four workers in the team off sick. Mr Massey was moved to work on the part of the machine that fed through the giant reels, despite not having had training on how to operate it since its modification.  Kimberly-Clark Ltd pleaded guilty to a breach of Section 2 of the Health and Safety at Work Act.  Following the accident the company fitted two sheets of clear plastic over the gap, which allowed employees to check the machine without being put at risk.

CRS Opinion:

Unfortunately we have heard of a number of accidents involving modified machinery. Modifications are often made to speed up production, for example to allow a jam to be cleared on the run without the need to stop and reset the whole machine. Sometimes a modification can be forgotten about for years and only comes to light after an accident.  One problem is that daily machinery start-up checks only show that the guards fitted are working as expected. They do not show that the guards are correct for a particular application or test their effectiveness in preventing access to dangerous parts.  Where changes are made to the design, function or safety of machinery, the modifications should be assessed against the requirements of the Provision and Use of Work Equipment Regulations (PUWER) 1998. Among other things, PUWER

requires that work equipment is safe, suitable and used only by people trained to do so.  If a machine is altered substantially, for example significant new hazards or control methods are introduced, it may be considered a ‘new’ machine, in which case a conformity assessment should be carried out.

Panel to challenge inspectors' safety advice

The government has set up a new committee to look into complaints about the health and safety advice given by HSE or Local Authority inspectors. The Independent Regulatory Challenge Panel was announced by Employment Minister, Chris Grayling, in his response to last year’s review of health and safety legislation by Professor Löfstedt of King’s College, London.  The panel currently has five members, all with regulatory experience, and is chaired by Tricia Henton, a former director at the Environment Agency. Further appointments to the panel may be made in the future.

If businesses feel that they have suffered because of incorrect or disproportionate advice from an inspector, they can refer the matter to the panel using an online form.

Before making a referral, complainants should first have tried to resolve the problem with the inspector or with his or her manager. If they are not satisfied with the findings of the panel, they can follow existing complaints procedures, which include writing to the chief executive of the HSE, or relevant LA chief executive, as well as contacting their MP or local councillors.  The panel will only consider cases from 30 June last year onwards. A summary of the cases and the panel’s findings will be made available on the HSE website (noted below).

http://www.hse.gov.uk/contact/challenge-panel.htm

The CRS Opinion:

The establishment of the Independent Regulatory Challenge Panel was not a direct recommendation of the Löfstedt report, which only suggested in passing that the government consider some process for addressing mistaken over-application of health and safety legislation. Its sudden announcement as a headline initiative in the government’s crusade against excessively burdensome health and safety regulation did appear a bit precipitous and ill-thought out.  In reality the powers and the scope of the panel are limited. Concerns about an inspector’s advice will only be considered once the usual complaint procedures have been exhausted and the panel will not look at enforcement action. In other words, the panel will not be able to take a view on decisions to prosecute or to serve prohibition or improvement notices, which have their own appeals mechanisms.

Furthermore, while HSE is keen to stress the independence of the panel, its members all have regulatory backgrounds. Business interests are not represented. Even the timescales to which the panel will operate are not defined. HSE simply says that it expects most case cases to be decided promptly.

IOSH event at BBC Manchester - Communicating health and safety as an enabler to business success

Event name: Getting the job done

Location: Quay House, BBC Media City UK, Salford Quays, Manchester, M50 2QH

Date/Time: 26/04/2012 12:30

End Date/Time: 26/04/2012 16:30

Organised by: Communications and Media Group

Event type: Network Event

Overview
How do you get things done in your company? How do you ensure that good health and safety management acts and is perceived as an enabler to the success of the business?

This networking event aims to give you some real examples of how to make sure you’re spending your time doing the right things by understanding what your internal stakeholders think of your approach. It will also look at what you can do to improve your customer’s experience.

What's in it for me
This event will give you practical advice on how to go about finding solutions to problems, as well as ‘selling’ health and safety management as a positive contribution to your business.

It will also provide the latest information on the status and implications of the EU Physical Agents Directive.

Who should attend?
This event is aimed at health and safety professionals and consultants.

Speakers
Steve Gregory - Head of Health and Safety, BBC
Kate Crittenden - Head of Compliance Risk, Virgin Media
Brett Stinton - Group Health and Safety Manager, Virgin Media
Speaker TBC - HSE

What you need to know - have a look at the programme and booking form.

Event fees
IOSH members: £20 + VAT (£4) = £24
Non members: £30 + VAT (£6) = £36

This fee includes lunch and refreshments.

Please post your completed booking form and payment to the Bookings team, IOSH, The Grange, Highfield Drive, Wigston, Leicestershire, LE18 1NN, UK

Alternatively, you can send your booking form and payment by emailing the bookings team. You can also over the phone by calling +44 (0)116 257 3197

CPD and renewal of OSHCR registration

A reminder that if you joined the then new OSHCR safety and health consultants’ register between 31st January 2011 and 30th April 2011, your membership will be due for renewal in early April 2012.

In order to comply with the eligibility criteria to remain on the register, your CPD must be up to date with your professional body at the time of your renewal application. If your CPD is not current at the time of your renewal, then your application will unfortunately be rejected and your OSHCR personal profile removed from the register.

Professional body IOSH has informed the board of OSHCR that a substantial number of their consultants have let their CPD lapse. If your CPD has expired, please contact IOSH and update it as a matter of urgency, and before the 30th April 2012.

This action will ensure that your renewal will be processed seamlessly via the automated service. Please also notify IOSH that you are an OSHCR registered consultant to assist with their administration process.

Major Accident Failure Rates Project RR915

The major accident failure rates project is a joint venture between the UK
and the Netherlands to address the feasibility of updating generic failure
rates used in risk assessment for major hazard chemical plants. The approach
addresses the two essential parts of a failure rate:

• accidents where there has been a loss of containment of a hazardous chemical; and
• the plant containment population from which the accidents originated.
  

The key parties working together are the Health and Safety Laboratory (HSL)
in the UK and the National Institute for Public Health and Environment (RIVM) in the Netherlands, coordinated by White Queen Safety Strategies. The
key stakeholders in the project are the Health and Safety Executive (HSE) in
the UK and the Ministry of Social Affairs and Employment (SZW) in the Netherlands.

While the ultimate aim of the project is to provide the foundation for developing failure rates there are other reasons for its inception, particularly concerns about major accident analysis and causation sharing that have arisen after the Buncefield and Texas City accidents.

This report (RR915) and the work it describes were funded by the Health and Safety Executive (HSE).

Read more at: http://www.hse.gov.uk/research/rrpdf/rr915.pdf

Train and tanker collide in fiery level crossing crash

A train and a tanker truck filled with diesel fuel collided near a chemical plant in Bartow earlier this week.

The truck driver was killed in the accident, according to Polk County Fire Rescue. Three people on board the train are accounted for and are fine. The crash happened just after 10 a.m. off US Highway 60 near Bonnie Mine Road, about a quarter mile west of Ashland Chemical. US 60 was closed for a time, but has reopened.

An eye witness at the accident scene said a fuel truck drove into the path of the freight train, which was pulling 5 cars. The collision caused an explosion and fire which burned for more than three hours, before firefighters were able to use a mixture of water and foam to bring it under control. The thick black smoke from the fire could be seen for miles.

The truck reportedly had a 3,000 gallon capacity, although it's unclear how much fuel was on board at the time of the crash. Railway officials say the train came out of Mulberry and serves local businesses.

Officials say gates are not required at the crossing, since it is located on private property. The train conductor, however, is required to sound two long warnings, one short warning and another long warning when approaching either a public or private crossing.

At this point, investigators are not sure how fast the train was travelling at the time of impact but officials hope to find that out after getting a GPS device located on the train.

Coma hiker poisoned in Scotland

A hiker from the Borders remains in a coma in hospital after being poisoned by carbon monoxide fumes in his tent.

Phil Morgan, 49, of Stow, was missing for 24 hours on Minch Moor before he was found by rescue services on Thursday night.

It is thought he was poisoned by fumes from a camping stove or a gas light. His partner Trudy Anderson has asked friends to record stories to be played to him in hospital in the hope he may respond to familiar voices.

Mr Morgan was reported missing after he failed to return home on Thursday.
He was found unconscious in his tent by rescue services having lain undiscovered for more than 24 hours. He remains in a critical condition in Borders General Hospital.

http://www.bbc.co.uk/news/uk-scotland-south-scotland-17284203

Great news from the Southern Ocean and Hong Kong Airlines - Sea Shepherds

It's a day to celebrate!

Operation Divine Wind is over and the Japanese whaling fleet is heading home early with a fraction of their quota! For eight years our friends at Sea Shepherds have obstructed the whale killers in the Southern Ocean, and we will continue to support them for another eight years if that is what it takes to end their illegal whale hunting.

As a result of these Antarctic Whale Defence Campaigns, nearly 3,500 whales continue to live and swim freely. This is all the motivation we require to support these campaigns in these remote, hostile, and terribly cold unforgiving seas.

Sea Shepherds says "We know that all of our efforts and success would not be possible without the incredible dedication and support from people like CRS all over the world".

"The Japanese whaling fleet has left the Southern Ocean Whale Sanctuary almost a month early and with an estimated 30% of their quota! Thank-you to everyone who has been a part of this valiant effort. This has been a tough campaign for us. We have endured the toughest weather we have ever seen in the Southern Ocean, and we suffered the temporary loss of our scout ship, the Brigitte Bardot, but we will not be deterred and we will not stop until whaling ends — the word 'sanctuary' actually means something to us. If the Japanese whalers return next year, we will launch Operation Cetacean Justice with four ships, two helicopters, four drones, and 120 volunteers."


Hong Kong Airlines

Thanks to the persistent efforts of Gary Stokes and several other activists, this is the last time you will see Hong Kong Airlines transporting dolphins or any other wild animals.

Hong Kong Airlines has released a public statement indicating it will no longer participate in the transport of dolphins and other wild animals. This action should send a message to all airlines that the consequences of transporting dolphins will result in global negative publicity and financial loss. Stopping the transport of dolphins will cripple the international dolphin trade and, in turn, stop the slaughter.

If you like whales and dolphins, support Sea Shepherds - click on their logo in our footer ribbon.

UK Boost as construction flourishes

British builders enjoyed their best month for almost a year during February, giving fresh boost to the UK economy.

Fears of a double-dip recession faded as the UK construction sector threw off the poor weather to beat even the most optimistic predictions.

The closely-watched Markit/CIPS construction Index – where anything over 50 represents growth – jumped to 54.3 in February, up from 51.4 in January.

It was the strongest reading since March last year and raised hopes that the economy has bounced back from the slump in the final quarter of 2011.

Last month new work flooded in at its fastest rate in almost two years, with demand rising for house-building, commercial construction and civil engineering.

The improved performance of the construction sector adds to other positive data released on the UK economy.

Optimism in the construction sector about future work rose to its sunniest levels in nine months, the survey showed.

Fire at Tilbury Biomass Power Station

A huge blaze which broke out at a power station in Essex, in an area containing about 4,000 tonnes of wood pellets, is still being tackled by fire-fighters. There was concern about the structure of the building at Tilbury Power Station, as water sprayed on the pellets was increasing their weight. But fire-fighters have since gone into the heart of the blaze with foam spray to deprive the fire of oxygen.

Plant owners RWE npower said: "All our employees have been accounted for."

Hugely challenging

Essex chief fire officer David Johnson said it was proving "physically and technically challenging" to bring the fire under control but this could be achieved by mid-afternoon, "We were able to establish it (the building) was safe so we put a few crews in." They reported back on the conditions they found.

"We're applying specialist high-expansion foam which we hope will starve the fire of oxygen. This won't cause the structural problems that putting water on it would. "It's very hot and it's very smoky in there and we still have fears for safety should the building collapse. "Assuming our tactics work, the bulk of the fire should be extinguished within the next two or three hours. "Then it's about whether the fuel is continuing to burn within the hoppers under the foam blanket - that could take anything up to about a day or two to extinguish. "This is a hugely challenging fire. I've only been to
another one of this kind once before in my 24-year career." More than 120 fire-fighters, 15 fire engines, three aerial ladder platforms and a mass foam attack unit have been tackling the fire.

No dangerous chemicals

Extra fire crews were called in from London and further afield to deal with a separate unrelated fire in a wood pile on a nearby dockside. Talking about the power station fire, witness Robert Richards told BBC Essex: "The whole of that north block just went completely up in flames. "It was on two sides that I could see. My daughter could see it from the other side of the river." Tilbury Power Station was built to burn coal but was recently granted consent to burn biomass fuel and wood materials. Biomass plants burn wood pellets, generally made from compacted sawdust or other wastes.
Mr Johnson said it was too early to say what caused the blaze. "Thankfully nobody has been hurt," he said. "We initially believed there were personnel from the power station missing but all have been accounted for, so everyone
is safe," he said. The smoke that's being given off is very similar to what you get from a bonfire, there are no dangerous chemicals involved, no pipes or liquids involved."

John Kent, leader of Thurrock Council, praised the efforts of fire crews. "Because it's in the process of being converted [to biomass], there shouldn't be any lasting impact to the National Grid and no shortage of power as a result," he said. "We just have to wait until the fire is under control and see what the situation is and how much damage has been done. "

No idea

Nigel Staves, power station manager said that it looked like only the north end of the power station was affected. The power station has already begun an investigation into the cause of the fire, which is likely to last several weeks. "Until we can actually get in to see the damage and understand what happened we have no idea how the fire started at the moment," Mr Staves said. "The bunkers are very strong, made of strong steelwork, designed to hold 1,000 tonnes of coal. "Until we can assess how many of the bunkers were on fire it will be difficult to say how much damage we have, but I'm hoping it is more superficial. "He hoped power could be generated from the unaffected south end of the site, possibly once the fire was out. "It could be two or three days, it could be a week. It will depend on the investigation when we go in and see the
damage," he said. Tilbury supplies the National Grid with less than 1% of the total electricity production in the UK. "As soon as we shut the power station down this morning, another power station was started to replace that energy. That will continue until we get Tilbury back on-line," Mr Staves said. A "minimal" number of staff remain on site in the control room
working alongside the fire-fighters.

http://www.bbc. co.uk/news/ uk-england-essex-17177035