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27 Mar

Legislation Tool Box Talk – Management of Health and Safety at Work Regulations 1999

 By Admin    Blog

These regulations were introduced to reinforce the Health and Safety at Work Act 1974. The MHSW

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These regulations were introduced to reinforce the Health and Safety at Work Act 1974. The MHSWR places duties on employers and employees including those who are clients, designers, principal contractors or other contractors.

Many of the duties overlap with those of CDM but where they go beyond CDM (for example concerning young people and expectant mothers) additional measures will be needed to comply fully with MHSWR.

They require the employer to:

  • Undertake an assessment of all the risks to health and safety of their employees and others who may be affected by their work activity. Employers with 5 or more employees should record the significant findings of this risk assessment.

The following principles of prevention should be applied;

  • avoiding risks
  • evaluating the risks which cannot be avoided
  • controlling the risks
  • adapting the work to the individual, such as the design of workplaces, the choice of work equipment and the choice of working and production methods, with a view, in particular, to alleviating monotonous work and work at a predetermined work-rate and to reducing their effect on health
  • replacing the dangerous by the non-dangerous or the less dangerous
  • developing a coherent overall prevention policy which covers technology, organisation of work, working conditions, social relationships and the influence of factors relating to the working environment
  • giving collective protective measures priority over individual protective measures
  • giving appropriate instructions to employees.
  • To make appropriate arrangements for managing health & safety. Employers of 5 or more should record these arrangements
  • Undertake any health surveillance as is necessary regarding the employees when it has been determined by the risk assessment
  • To appoint competent people, preferably their own employees, to assist in the above measures. Where there is more than one competent person appointed there must be adequate communication.
  • Establish procedures to be followed by any employee should situations arise which could present serious or imminent danger.
  • Provide relevant information on health & safety in a way which can be understood.
  • Ensure co-operation and co-ordination between employers and the self-employed sharing a workplace
  • Ensure employees are given adequate health and safety training and are not given tasks beyond their competence or physical capabilities
  • Provide temporary workers with the appropriate health & safety information to enable them to carry out the work safely

Employees also have duties under MHSWR to:

  • Report any defects in health & safety arrangements
  • Report dangerous situations
  • Use equipment in accordance with training and instruction
  • Take reasonable care of their own health & safety and those of others who may be affected by their acts or omissions
 
4 Sep

HSE Warn Schools not to use Heatproof Mats

 By Admin    Blog

Secondary schools across the UK are starting the new school year with a warning not to use their stock of heatproof mats used with Bunsen burners after the HSE discovered that two major suppliers had illegally sold mats containing asbestos.

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HSE Warn Schools not to use Heatproof Mats

Secondary schools across the UK are starting the new school year with a warning not to use their stock of heatproof mats used with Bunsen burners after the HSE discovered that two major suppliers had illegally sold mats containing asbestos.

The HSE and education officials are currently working to identify the customers of two UK laboratory supply companies that sold gauze mats containing asbestos in breach of EU REACH regulations, with a warning that “enforcement action may follow”.

But because it is impossible to tell which mats contain asbestos and which pose no risk, the HSE is advising schools and colleges not to handle, use or move metal gauze mats until their certification can be checked with suppliers, or a laboratory test gives them the all-clear. 

All schools are being advised to not to move mats from drawers or cupboards “then seal them with tape”. 

The customers of the two suppliers are due to be contacted this week, according to HSE and CLEAPSS, the Consortium of Local Education Authorities for the Provision of Science Services. 

The metal gauze mats, placed on tripods above Bunsen burners during science lessons, have a white heat-resistant pad at the centre. The presence of tremolite asbestos, in the range of 20-30% of the heat-resistant material, was discovered after testing. 

Tremolite, which has needle-like fibres, is considered as toxic as chrysotile or white asbestos, the most common form of asbestos in the UK and worldwide. It is generally found as a contaminant when other minerals, such as vermiculite, are mined. 

Typically, suppliers sell mats made of “asbesto-free calcium silicate”. While it is a common alternative to asbestos, many products made of calcium silicate have historically been found to be contaminated. 

“We are working closely with Department for Education, education departments in Scotland and Wales as well as the Consortium of Local Education Authorities for the Provision of Science Services. This will help us ensure that schools, colleges, local regulators, and others who may have supplied or purchased similar products are directed to our advice”

The Health and Safety Executive

The alert was first raised by a school that identified the presence of asbestos in its mats during an asbestos survey. When the school ordered replacements, it had them tested by a laboratory accredited by the UK Accreditation Service (UKAS), revealing that the new mats also contained asbestos.

The school contacted the HSE, which responded with an investigation by its Chemical Regulation Division, which is responsible for enforcing the EU regulation on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH).

While the import of all asbestos products has been banned in the UK since 1999, the adoption of the EU-wide REACH regime in 2008 means that the most up-to-date legislation on the import and supply of asbestos are the REACH Enforcement Regulations 2008.

According to its website, CLEAPPS expects its helpline to be very busy during the first week of the new school year, and it is urging schools not to call before studying all the guidance available online.

According to the guidance, the risk to health is low, as any fibres or particles from damaged mats are unlikely to become airborne. The HSE does not consider the situation to be reportable under RIDDOR, and, if schools decide to inform parents, the guidance suggests that they should take a “reassuring” stance. 

However, CLEAPSS tells teachers and technicians to stop using all gauzes then to “prevent access to cupboards or drawers where gauzes are stored by sealing them securely with tape”. 

To dispose of mats, “trays of gauzes from open storage could be removed from labs, double-bagged and stored securely.”

The HSE says that disposal of the gauze mats does not have to be carried out by a licensed contractor, but the work should still be carried out in accordance with “Sheet EM7 etc of Asbestos Essentials”.

If the mats are stored in a container, they should be disposed of in that container to prevent further handling. Alternatively, they should be carefully wetted, placed in a heavy-duty polythene waste bag, placed in a second bag and labelled accordingly. 

As disposal work is considered to be low-risk and short duration, the HSE says that using respiratory protective equipment (RPE) is not a legal requirement, but it says that “duty-holders may wish to adopt a precautionary approach regarding the use of RPE and personal protective clothing (PPE)”. 

When sourcing replacement mats, the HSE says that buyers should not to take suppliers’ claims that mats are asbestos-free at face value, and should “seek a copy of a valid UKAS test certificate for the gauze from your supplier”.

“The only certain way of assuring this is for items originating outside the EU to be analysed by a laboratory accredited for asbestos identification by the UK Accreditation Service (UKAS),” the HSE says.

The HSE adds UK-based suppliers must comply with their legal duty not to import or supply articles which contain asbestos. “Irrespective of assurances from global non-EU suppliers, UK suppliers should commission accredited laboratory testing on samples of articles from outside the EU which are liable to contain asbestos before placing orders and should arrange repeat testing periodically.”

In its press release, the HSE says that: “We are working closely with Department for Education, education departments in Scotland and Wales as well as the Consortium of Local Education Authorities for the Provision of Science Services (CLEAPSS). This will help us ensure that schools, colleges, local regulators, and others who may have supplied or purchased similar products are directed to our advice.

“We are also investigating how these particular gauze mats came into circulation. Breaches of the restrictions on the supply of asbestos are taken very seriously by HSE.”