CONSTRUCTION HEALTH & SAFETY CONSULTANTS &TRAINERS CONSULTANTS &SAFETY HEALTH CONSTRUCTION WWW.CALLSAFE-SERVICES.CO.UK ISSUE 199 • JANUARY 2020 editorswelcome Duncan Cooper | Director, Callsafe Services Welcome to the January 2020 • Latest Prosecutions edition of Callsafe Today. I wonder what’s in store for the Free Telephone Compliance next few months with EU Exit in Check Offer the limelight and Coronavirus Callsafe are offering a free making major headlines. The compliance health check, by Grenfell Tower Inquiry continues, telephone, to discuss your current and we await a ruling on whether and future health and safety corporate witnesses can be given needs. Please see page 6 for the immunity from prosecution. ‘Health Check Your Compliance – Can We Help? News Some of the News in this edition Best wishes include exciting articles on: • Workplace Wellbeing Duncan Cooper • HSE & Brexit Guidance for H&S Director | Callsafe Services • IOSH Brexit Hopes A Yardley House, 11 Horsefair, Rugeley, Staffordshire WS15 2EJ T 01889 577 701 E [email protected] W www.callsafe-services.co.uk callsafeservicesltd @callsafesvcsltd callsafe-services-limited 3 IOSH Brexit Hopes Brexit must build, not erode, the UK’s world-leading safety and health system,’ the Institution of Occupational Safety and Health (IOSH) has urged recently. A transition period until 31 December 2020 will follow the UK’s departure from the European Union, with trade and other negotiations taking place in the coming months and years. The EU (Withdrawal) Act 2018 transfers EU-derived laws into UK law, meaning workers continue to have the same workplace protections. The Health and Safety (Amendment) (EU Exit) Regulations 2018 came into force on Friday 31st January 2020 at 2300 hours, (Brexit-day), to ensure existing protections and regulatory frameworks and The EU (Withdrawal Agreement) Act 2020 gives effect to the transition period. Richard Jones, IOSH Head of Policy and Regulatory Engagement said: “During this transition period, there should be minimal effect on occupational safety and health law, given the UK Government’s commitment to maintain and enhance workers’ rights and that the UK’s risk-based system is both fit for purpose and well-respected worldwide. You can read the full article from IOSH at https://www.iosh.com/ more/news-listing/brexit-must-build-not-erode-workplace- safety-and-health-standards/ 4 Launch of ‘Safety Grenfell Tower Inquiry Backs Protection Steps’ - Working at for Refurbishment Firms Giving Evidence Height Guidance The chairman of the Grenfell Tower THE GRENFELL TOWER INQUIRY inquiry has backed a request from The Construction Industry Advisory RULING firms that refurbished the building on an Committee (CONIAC) Managing Risk that evidence they give should not APPLICATION Well Working Group has developed by certain persons for the Panel to seek an be used against them in criminal UNDERTAKING from the ATTORNEY-GENERAL the ‘Safety Steps’ guidance jointly prosecutions. ___________________________________________________ with leading industry organisations dedicated to keeping people who The Application Some firms had threatened to stay 1. On Thursday last week Mr Jonathan Laidlaw Q.C. made an application on behalf of need to work at height safe. certain persons who are expecting to be called to give evidence in Module 1 of Phase silent in the inquiry into how Grenfell 2 of the Inquiry seeking to persuade the Panel that we should invite the Attorney-General to give a formal undertaking that nothing said by a witness in the was covered in flammable cladding. course of giving evidence to the Inquiry would be used in furtherance of a prosecution Hosted and launched by the Access against that person. In the course of his submissions Mr Laidlaw made it clear that in Sir Martin Moore-Bick said he had the absence of an undertaking those whose interests he represented would be likely to Industry Forum, the guidance claim privilege against self-incrimination in response to any question which touched asked Attorney General Geoffrey on the way in which they performed their functions in relation to the design of the provides essential messages that refurbishment, the choice of materials used in it or the way in which the work was Cox for the assurance “as a matter of carried out. It now appears likely that others who were involved in the refurbishment can be used - in whole or part - by are likely to adopt a similar position. urgency”. those who aim to produce any type of Privilege against self-incrimination output for the five target audiences: 2. It is a fundamental rule of law that, with certain limited exceptions, none of which Read the full article at here applies in relation to the Inquiry, a person cannot be required in any legal proceedings designer; client; manager; supervisor; other than criminal proceedings to answer any question or produce any document or The ruling from the inquiry can be thing if to do so would tend to expose that person to proceedings for an offence. The and operative. rule is of ancient origin but is now enshrined in section 14 of the Civil Evidence Act read in full here From toolbox talks to checklists, providing a structure for training material content to informing flowcharts, Safety Steps, has a wide range of uses. Further information about CONIAC/ CONIAN and its Working Groups is available from the CONIAN web community. 5 DEAR READER As one of our readers we would like to arrange with you a free telephone As one of our Callsafe Today readers, consultation to discuss your current we wanted to reach out to you in order position and review any additional to review your current and future needs you may have. health and safety needs. As one of the few Health and Safety Following the dreadful events of Consultancies in the UK that specialises Grenfell Tower and the outputs from in CDM 2015 and the Construction The Hackitt Review there are industry Industry (with a pedigree of more than wide concerns that there is a lack of 30 years), Callsafe Services Ltd is able knowledge of the Construction (Design to help businesses of all sizes to remain and Management) Regulations 2015 compliant and to help all Duty Holders (CDM 2015). to have a better understanding of the specific needs of CDM 2015. Despite companies carrying out health and safety training, we have found Please feel free to view our website at that this does not always transpire www.callsafe-services.co.uk to see the into adequate/compliant Policies, range of services we can provide. Procedures and practices. This, along with the transient nature of If you would like to take us up on this construction type workers, means that offer, please contact Gemma Esprey many organisations are left exposed by email or telephone, so that we can and potentially negligent. arrange a convenient time best suited to yourselves for one of our health and There is an incorrect perception that safety consultants to contact you to “Construction” means specifically discuss your needs. ‘building something’. However, the definition of “Construction” contained Gemma Esprey in the CDM Regulations is far more Senior Office Administrator wide-ranging and incorporates the repair and maintenance of the Tel: 01889 577701 structure and the eventual removal, Email: gemma.esprey@callsafe- demolition and dismantling, if, and services.co.uk when necessary. EH40/2005 Workplace Working Well Exposure Limits Together (WWT) Revision Published Events On 17 January 2020, HSE published Improve your business by a revised version of EH40/2005 attending a health and safety ‘Workplace exposure limits’. event near you. Most Working Well Together (WWT) events This has been updated in order to listed are FREE and all provide an implement amendments to the opportunity to meet like-minded Carcinogens and Mutagens Directive people, see interesting new (2004/37/EC) which introduces equipment and get confidential or revises 13 binding occupational advice. exposure limit values for a number of carcinogenic substances. Safety Training Expo for Small Brexit: Builders (5 Feb, Bolton) Occupational exposure limits are Transition Period implemented in the UK via the ‘When things go wrong – the true Control of Substances Hazardous cost’ Work at Height event (5 The UK has now left the EU. The to Health (COSHH) Regulations Feb, Bolton) transition period is in place while as Workplace Exposure Limits the EU and UK negotiate new (WELs) via Table 1 of EH40/2005 Painters and Decorators event arrangements for a trade deal. It will ‘Workplace exposure limits’ for use (7 Feb, Leeds) end on 31 December 2020. with COSHH. Health risks in construction Your responsibility to protect the COSHH requires exposure to event (13 Feb, Durham) health and safety of people affected by carcinogenic substances to be your work activities remain the same reduced to ‘as low as is reasonably Welding Fume event (19 Feb, during the transition period. practicable’. Bransford, Worcester) The guidance health and safety made IMPORTANT NOTE: The WELs listed Designer Awareness Day – simple: the basics for your business, in Table 1 of EH40/2005 ‘Workplace Preventing Occupational Disease will help you to comply with the law. Exposure Limits’ supersede any limits through Design (25 Feb, St You should continue to manage risk in contained in other HSE guidance or Albans) your business in a proportionate way. publications. Find your nearest WWT Group Guidance from the Gov.uk website can and get involved also be found at https://www.gov.uk/ transition Are you compliant with PAS 1192-6? Along with a whole host of additional features, BIMsafe is fully compliant with the NEW PAS 1192-6 BIMsafe provides a best-practice solution to incorporate health and safety information into the BIM process and 3D models, as required by PAS 1192-6, with compliance methods for CDM 2015 and BS 5795.