Brodies Health & Safety Blog

Safety experts RoSPA, the Royal Society for the Prevention of Accidents, have claimed that many small companies place their employees’ lives at risk due to a lack of understanding of occupational road risk. They claim that health and safety legislation has not had the desired impact on many companies outwith the transport industry, despite their employees requiring to travel significant distances for work purposes.

RoSPA’s Scottish Road Safety Officer, Kathleen Braidwood, highlighted research showing that individuals are more likely to die as a result of “at-work road accidents” than any other work place activity. Her perception is that many smaller firms consider health and safety issues to be confined to the work place and do not appreciate the requirement to carry out risk assessments for all staff who drive for work purposes.

Should you require any advice in relation to occupational road risk,  please contact a member of our team.

The MAIB have recently issued a report following a collision between a RIB, Morfil, and a passenger vessel, Sun Clipper, on the River Thames in June 2011.

The MAIB concluded that there were a number of factors which contributed to the collision, and identified that the coxswain of the Morfil was under the influence of alcohol and did not take avoiding action until 1 -2 seconds before the collision.

We are all aware that alcohol limits that apply to those in charge of motor vehicles, bicycles and even horses. However, legislation to introduce an alcohol limit for those in charge of pleasure vessels has yet to be enacted. Provisions were made in the Railways and Transport Safety Act 2003, but the relevant sections have not been commenced.

The MAIB have now formally recommended that the Department for Transport expedite the commencement of the relevant sections of the 2003 Act, so that an alcohol limit is introduced for those in charge of pleasure crafts.

However, in the interim, the possibility of prosecution remains open. In this case, the coxswain of the Morfil was prosecuted under section 108 of the Port of London Act for navigating in a manner liable to injure or endanger persons and was fined £2,500 plus costs.

Sheriff Anderson’s determination following a fatal accident inquiry into the deaths of Niamh Lafferty and Georgia Rowe was published today.  You can access the deteremination here.   The girls committed suicide whilst in residential care and the determination makes several recommendations.  There is no doubt that this was a tragic case for everyone concerned.  Sheriff Anderson highlights the need for the need “for a ‘stand alone’ risk assessment in documentary form for each young person in the care of a residential institution with separate consideration given to the issues of ‘self-harm’ and ‘suicide’” and good communication between those responsible for day to day care decisions.  A very sad case.

Greg recently blogged about the independent panel set up by the HSE to deal with complaints against HSE and local authority inspectors.   This month the HSE has launched a second panel to address complaints against health & safety decisions taken by non-regulators such as insurance companies and health & safety consultants.

The Myth Busters Challenge Panel is chaired by the HSE chair, Judith Hackitt and members include small businesses, trade unions and insurers.  Hackitt said:

“When people hear about children being ordered to wear goggles to play conkers or the dangers of candyfloss on a stick it undermines public confidence in the true task of health and safety, which is to manage serious risks to life and limb in Britain’s workplaces.”

The Panel will aim to respond to any complaint within 48 hours and will publish their decision on the HSE website.

Laura Brain

The Government’s commitment to slim down our legislative framework continues.  HSE have announced consultations to repeal/update certain legislation in line with the Lofstedt recommendations.  Find out more here.