Minutes: 20th February 2020 – Select (Regulation & 18th Edition)

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There were 24 members and guests present. Robert Bradford informed the Group that it has been three years since we discussed Electrical as a topic and subsequently introduced Dave Forrester Director of Select.

SELECT is the trade association for the electrical contracting industry in Scotland. Founded in 1900 as The Electrical Contractors’ Association of Scotland, SELECT became the first trade association in the world to serve the Electrical Industry. (Electrical Contract Association in England). SELECT is the largest Trade Association in Scotland with over 1200 member businesses who employ over 15,000 electricians. They operate the largest construction Modern Apprenticeship scheme in Scotland with the 2 main objectives being to:

  • Protect public safety by driving up industry standards
  • Provide for the future of the industry by training apprentices

The Current situation:

The SJIB (Scottish Joint Industry Board for the Electrical Contracting Industry) has a register of 15,000 electricians but independent research suggests there are around 23,000 electricians operating in Scotland. SELECT’s own research suggests that around 3500 of those are not qualified. The work that they might be doing accounts for about 7% of all fires in Scotland (relates to 360 incidents) and costs £9.6m to rectify, usually through insurance claims which pushes all of our premiums up.

SELECT commissioned a report on the economic impact of regulating electricians in Scotland. The report estimated that the “human cost” of faulty electrical work in damage from electrical fires, human costs of injury and death caused by electric shock and the general costs of replacing poor or dangerous work is around £120m per year.  That report also pointed out that regulation would offer an opportunity to grow the industry by attracting more aspirational entrants, where reward and reputation is enhanced, and the value of an electrical apprenticeship is more widely accepted.

As things stand at the moment, anywhere in the UK, anyone can call themselves an electrician.  Buy a van, buy some tools, set up a trade account at a wholesaler and start trading as an electrician.  No insurance, no comeback for the customer, perhaps dealing in cash only etc. These people generally charge less than qualified electricians and so undermine those who have got themselves qualified and keep their knowledge up to date.

British Standard BS 7671 “Requirements for Electrical Installations. … The current version is BS 7671:2018 (the 18th Edition) issued in 2018 hich came into effect 1 January 2019.

Unqualified electricians have little or no knowledge of up to date industry standards and as the majority of the installation is hidden in the fabric of the building, who’s to know what dangers might be hidden?

In the Gas Industry there is a Gas Safe Register – this provides both business and individual registration. In other countries such as US and Canadian states who operate a licensing scheme. Stats show that there was a reduction in the number of injuries and deaths of electricians after licensing was introduced. Closer to home, European countries operate different types of schemes. One of the best known throughout Europe is the German “Meister” scheme which requires those who run businesses to hold technical and business skills qualifications.

The Scottish Government has therefore set up an Electricians Working Group and has committed to three things:

  • To first and foremost protect consumers
  • Secondly, to protect scrupulous traders and create an inhospitable environment for miscreants i.e. the cowboys of the industry
  • And finally, to maintain an environment that allows competition within the provision of electrical services to thrive

The benefits of implementing these are obvious. We estimate the net reward to the Scottish Economy of regulating the industry would be around £58m. There has been a great deal of support:

SELECT has been pursuing this goal for many years.  The next steps is for Select to arrange a meeting with the new Minister responsible for Business, Fair Work and Skills, Jamie Hepburn.  This will take place soon –

SGT has started two strands of the work

  1. working with the sector to develop options for a consumer mark or register and
  2. independently assessing the current risk and build a business case to determine if this is a proportionate response.

Alongside that Jamie Halcrow Johnston MSP is preparing a Motion for Debate in Scottish Parliament on the subject to gain further Cross Party Support.  That motion asks the Scottish Government to consider how the Parliament’s powers over protection of title could be utilised to reassure the public of the safety of electrical work, in domestic and non-domestic premises.

If you want to follow SELECT’s campaign or indeed add your support, you can do so via the SELECT website https://www.select.org.uk/safer/ or through the SELECT social media account #itsashocker.

Details of most recent amendments to British Standard BS 7671 “Requirements for Electrical Installations, can be found in the Presentation on the SCSG website.

Part 7 – Section 704 – Construction & Demolition Site Installations

Section 704 prohibits the protective measures of obstacles and placing out of reach (Section 417), non-conducting location (Regulation 418.), and earth-free local equipotential bonding (Regulation 418.2). (IET, 10/2018)

A note in the regulation also refers the reader to BS 7375 (Distribution of electricity on construction and demolition sites. Code of practice.)

It is usually impracticable with Protective Multiple Earthing (PME) to comply with the bonding requirements of the Electricity Safety, Quality and Continuity Regulations 2002 (ESQCR) on construction sites, and a PME earthing terminal should not be provided.

Where a construction site is part of an existing building and the building is supplied using a PME earthing facility the construction site will have to be separated from the PME building earth and be part of a TT system having a separate connection to earth that is independent from the PME building earth, unless the bonding requirements of Regulation 704.411.3.1 can be met.

Where the construction site earthing and the building earthing are separate the earthing arrangements must not be simultaneously accessible.

110 V reduced low voltage supplies, with the centre point of the secondary winding of the step-down transformer earthed, limit the voltage to Earth to 55 V for single-phase supplies and 63.5 V for three-phase.

Limiting the voltage to 55 V or 63.5 V between a live conductor and Earth effectively eliminates the risk of dangerous electric shock from exposed-conductive-parts

The value of earth fault loop impedance at every point of utilisation, including socket-outlets, must be such that the disconnection time does not exceed 5 seconds. Consideration to be given to the risk of damage to electrical equipment by corrosive substances, movement of structures and vehicles, wear and tear, tension, flexing, impact, abrasion, severing and ingress of liquids or solids.

Cables on a construction site location should preferably not be installed across walkways or site roads as they are susceptible to mechanical damage. If cables are installed in this manner they would require the appropriate level of protection against mechanical damage and contact with construction plant machinery. Surface-run and overhead cables must be protected against mechanical damage, taking into account the environment and activities of a construction site. These cables remain flexible at lower temperatures than standard PVC cables.  Commonly referred to as arctic grade cable sheathed yellow rather than blue.

Assembly for Construction Sites –

  1. overcurrent protective devices;
  2. devices affording fault protection; and
  3. socket-outlets, if required.

Safety and standby supplies must be connected by means of devices arranged to prevent interconnection of the different supplies.

Equipment for external use should be at least IP44; however equipment installed in a weather protected location such as an office being refurbished, would have no specific IP requirement.

I&T every 3 months with RCDs tested daily by pressing the test button.

Robert thanked Dave for his presentation before moving on to other business.

Any Other Business

 One question was raised from the group in relation to Inspection, Testing of Installations in Temporary Accommodation. A good discussion was had – Please note Section 704 does not apply to installations in administrative locations of construction sites (for example, offices and canteens).

Minutes: 21st November 2019 – Drilling Equipment

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There were 21 members and guests present at the meeting. Robert Bradford introduced Jon Christie a Health and Safety Advisor from BAM Ritchies who is the Chairman of the British Drilling Association (BDA) as well as being a representative on the BSI centre for EU normalisation which then brings together EU standards on the way to becoming ISO standards; currently they are working on EN 16228: Drilling and Foundation Equipment which is being revised.

The BDA was founded in 1976 and covers all sections of drilling except oil and gas and has representatives from all aspects of the industry including manufacturers and consulting engineers. The aim of the organisation is to improve health and safety and to establish a minimum standard that companies work too. The majority of the membership work in ground investigation and geotechnical areas. The BDA produces documents that are essential for those working in the industry including clients with the main document being the Health and Safety Manual although other guidance documents are also available. The BDA have also developed an NVQ covering drilling operations and member companies are regularly audited to ensure they meet minimum standards. Members of the drill crew should now all hold relevant CSCS cards for the operations they are undertaking.

The BDA run technical standards to keep industry up to date with developments in the industry and during meetings fully analyse incidents to ensure that member companies are aware of issues, information on incidents is then used to influence the standards committees such as EN 16228. Due to the influence of the BDA standards have been improved on shell and auger rigs where secondary winches have been introduced minimising the risk of collapse during erection and dismantling. They are also heavily involved in ensuring that guarding standards for rotary rigs are continuously improved. Drilling and blasting operations have recently become part of the remit of the BDA who now work closely with the Mineral Products Qualifications Council.

When working in drilling operations there are two types of rig that you are likely to encounter Shell and auger also known as cable percussion rigs (look like a tripod) and rotary rigs.

When working with a shell and auger rig clients should understand what they are looking at (BDA guidance can help with this).
When working with cable percussive rigs the rig should be sitting on a level surface and the horizontal bars (spreader aside stays) at ground level and above head hide should be fived in place using pins and R clips. Guards should be fitted over the open winch drum and clutch plate assembly but remember that the rope has to be able to freely move so the gap may be bigger than you expect. Older machines are having these guards retrofitted. At the top of the mast there should be a loop to prevent the wire rope from jumping off the pulley wheel. Secondary winches have been in use for many years so rigs should no longer be in use without these.

When a rotary rig turns up on site there should be guards in place to prevent people becoming entangled in any rotating parts. Generally these guards should be fitted with interlocked guards and the guards should cover all rotating parts (check when drilling inclined or horizontal holes that the guarding is adequate). In vertical drilling a space is permitted at the bottom of the mast and the guard should be positioned to prevent people from reaching over the top to the rotating shaft. The interlocked guard should stop rotation very quickly but not immediately as this may cause damage to the machine. In some circumstances for example when another drilling rod is being added to the drill string the operator will have to enter the area. In this case there should be a system in place to allow the rod to be screwed in place at very low rotation speeds. This control has various other controls built in to discourage use of the rig with the guard open.

The BDA is developing a guidance document to cover key points that clients should be aware of when a drill rig turns up on site.

Robert thanked Jon for his presentation before moving on to other business.

Minutes: 24th October 2019 – Sygma Solutions, Service Avoidance

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There were 22 members and guests present at the meeting. Ricky Guy introduced Peter Ashcroft of Sygma Solutions who was giving a presentation service detection. Much of the presentation was based on drawings and videos.

Peter began his presentation by advising that Sygma are a training provider focussing on one topic the detection of underground services. During the training they also cover the interpretation of service drawings. Peter started his career with Radiodetection and has only worked in the service detection industry. Sygma was formed in 2005 and provides courses to the NVQ level 2.

It is important to recognise that the CAT and Genny are used for service location not service avoidance and that users are not confident when using the Genny. For this reason Sygma start the training with the Genny so that the users fully understand the importance of the Genny. The Power and Radio modes are passive detection modes whilst the Genny is an active mode.

The CAT alone in Power mode is not necessarily totally accurate as it can be difficult to identify individual cables (this is partly due to the design of modern cables where each current leakage is minimised and each phase sends its own signal which interferes with the other phases all of which can cause confusion with other cables signals and can give the strongest signal to the side of the actual line of the cable). The detection also depends on the
• current draw, at the extreme if there is no current you cannot detect an example given was when a survey is carried out at breakfast time you will find more services than at mid-morning and
• background magnetic field

A problem in Power mode is that there are two sensors for picking up the magnetic field the first at ground level and the second near the top and when a service is being traced during a trial dig when the CAT is used in the hole if there is a cable at a higher level the signal may be cancelled out.

In Radio mode the signal being traced is a MOD signal and this is switched off every Thursday morning making service detection in Radio mode more difficult at this time (may also switch off at other times, times listed on a website – didn’t get the web address). Services being traced in Radio mode require to be continuously earthed, however modern cables to homes are only earthed only at one end. Radio mode is more accurate as you dig.

The Genny mode is therefore the most accurate as a signal is induced either by direct clamping, wrapping the clamp cable around a service when clamping isn’t possible, setting the Genny above the service or through the use of a sonde in a pipe. Peter then went on to give a demonstration in the room in the various modes and gave advice such as
• when connecting to a lamp post keep the earth spike as close to the post as possible to allow the cable to be identified closer to the post.
• Placing the earth spike at a distance when a pipe is being followed (there is an extension earth cable available)
• Moving the location of the earth spike to get a better idea of some services
• Laying the earth spike on the ground and pouring water on it if there are concerns about services (or on hard standing where the spike wont penetrate the ground e.g. concrete)
• Pulling the earth spike partly out of the ground if the signal is too strong and an accurate position can’t be found
• The Genny should be at least 10 metres from the area of concern to minimise interference
• Careful use of the drawings can help you to trace individual services
• High voltage cables have a low magnetic field and due to this can be difficult to locate
• As the Cat reaches the Genny or clamp it can be swung on its side to cause a blank spot when they are too close. It should be noted that this will show up as misuse on the record of use.
• If a CAT with data logging is used the split of the functions would ideally read 80% genny, 10% power and 10% radio and although these will vary with the specific location the genny mode should always be the dominant function.

Minutes: 19th of September 2019 – Occupational Hygiene – Exposure Hazards in the Construction Industry

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There were 19 members and guests present at the meeting. Robert Bradford introduced Carolyn McGonagle from the Institute of Occupational Medicine who was giving a presentation on exposure hazards in the construction industry.

Carolyn began by advising that she was the section head of the Chemistry and PPE division within the IOM. The IOM was started by the National Coal Board in 1969 to work on pneumoconiosis in mineworkers and from that base improved sampling techniques and improved knowledge including on silicosis. The IOM became independent of the NCB in 1983. They have three offices in the UK – Edinburgh, Chesterfield and Stafford with three divisions consultancy where they carry out analytical services, occupational hygiene, asbestos surveyors, H&S advice, consultancy and act as expert witnesses; a research division where they are currently carrying out research in to exposure, mineralogy and examining nano particles. The final division is the services division.

The chemistry laboratory carries out high performance liquid chromatography (HPLC); Ion chromatography (IC), Gas chromatography (GC), Inductively coupled plasma (ICP), Atomic emissions spectroscopy (AES), Ultra violet spectroscopy (UV) and Wet chemistry techniques. The mineralogy lab carries optical fibre counts (PLM), differential fibre counting (SEM / EDXS), elemental composition of dusts by SEM / EDXS, crystalline silica by XRD, quartz by FTIR, bulk asbestos analysis (PCOM) and asbestos in soils as well as dust and fibres. There is also a PPE testing facility.

The main hazards in the construction industry are dust, silica, welding fume, diesel particulate, lead, isocyanates, solvents, fibres and carbon monoxide. Monitoring is required to protect workers, help set the correct controls. Where exposure is a serious health risk check exposure levels are not exceeded, check the control levels are working, help choose the correct PPE and identify any need for health surveillance. Monitoring can also help when an organisation is served with an Improvement Notice. Before requesting sampling from the IOM the organisation should consider the risk and COSHH assessments as well as information in the hazard data sheets. They should provide information on the accessibility of the site and any previous sampling information. The requirements should be discussed with the IOM to determine the most appropriate analytical method, sampling media, whether substances can be sampled together, detection limits and delivery time of sampling media: the IOM should be provided with enough time to set up the filters as this can take a few days.

Using cement as an example the hazards are irritation of the eyes, nose, upper respiratory system etc. as well as skin irritation and burns with the silica component resulting in silicosis and lung cancer. The MSDS lists quartz (WEL resp 0.1mg/m3), chromium (0.5) and dust (Resp 4 and total 10) as constituents. Discussions with the lab will give guidance on the analytical method, sampling media, delivery time, information on samples gathered together and detection limits. The detection limit is important to help decide on the sampling period e.g. silica has a WEL of 0.1mg/m3 and a detection limit of 0.01 therefore a sample of 960 litres is required (sample drawn through the filter at 2 litres / minute). The lab will supply an IOM cassette with filter which can sample for total respirable and inhalable dust, silica and chromium. To supply this the IOM would require 2 – 3 day’s notice to allow the filters to be prepared.

When sampling it is always preferable to collect more than one sample as a single sample
• isn’t representative,
• would not show any sampling error
• may be damaged in transit
• isn’t cost effective
A field blank should also be included as a check.

Each sample should have a unique identifier (the simpler the better) and there should be a chain of custody record. Other information should include temperature, weather wind speed, tasks undertaken, sampling sites information and information on the 8 hour TWA. After sampling the samples should be stored correctly and in a way to prevent contamination (the IOM can provide guidance). When the samples are sent to the lab there should be clear information on the analytes, information on what is required in the report and contact information. In the lab the samples will be stabilised and weighed twice before the silica analysis is carried out using FTIR followed by chromium and total dust analysis where the filter is dissolved and analysed by ICP. The report will be issued covering all of the topics.

Other hazards include
• fibres where different methods cover different fibres such as asbestos and MMMF.
• Solvents
• Metals which includes weld fumes, lead in water, paint and air
• Carbon dioxide and monoxide

The IOM is accredited to ISO 17025 and is audited by UKAS annually and take part in external proficiency schemes. All activities are not fully compliant with the above however in the few cases where full compliance is not met the IOM has internal proficiency management ad all analysts are trained. All analysis meets the IOM’s stringent quality system.

Robert thanked Carolyn for her presentation before moving on to other business.

Revised editions of HSG 133, 144 and 168 are to be released by the end of October.

Minutes: 23rd of May 2019 – Occupational Health

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There were 19 members and guests present at the meeting. Robert Bradford introduced Roseanne Nixon the Business Development Manager for the occupational health provider SALUS who are owned by NHS Lanarkshire.

Roseanne began her presentation by advising the meeting that she has started working in occupational health in 1996 when companies were relatively new to the provision of occupational health services. And has worked for a number of companies before joining SALUS. SALUS is a part of NHS North Lanarkshire who provide an Occupational Health service as well as a Safety and Return to Work Department. Any profit made is returned to the NHS. Occupational health is defined by the World Health Organisation as “the promotion and maintenance of the highest degree of physical, mental and social well-being of workers in all occupations by preventing departures from health, controlling risks and the adaptation of work to people and people to their jobs”. When a company employs an occupational health provider there is a higher probability that you will comply with the law, improve the health and wellbeing of the workforce, reduce absence costs and risks to the business. Prevention of an illness due to the provision of occupational health results in a reduction in lost wages of about 57%. Employer’s costs can be reduced by approximately 19% due to savings in productivity, sick pay and insurance costs. Government savings as a result of reduced benefits and NHS costs can be around 24%.

Health surveillance is a statutory risk based programme of ongoing health checks where workers are exposed to substances or activities that may cause them harm. It aims to identify work related ill health symptoms early to allow employers to know if their existing controls measures are adequately managed. To allow this to be carried out efficiently the employer should identify health hazards, staff exposed, have controls in place and understand the efficiency of the controls. When the exposure to noise, vibration and hazardous substances cannot be reduced below the stipulated levels then occupational health surveillance is required. The health provider should be given information on exposures, controls etc. Health surveillance results should be monitored to determine whether there are specific issues (anonymized data analysis), the same information can be used to brief the workforce. Good reporting by the provider is essential. When an occupational disease is suspected it must be confirmed by a suitably qualified occupational health physician.

The requirements for surveillance are
Noise – baseline audiometry pre-employment, annual for the first two years (new employees) thereafter at three yearly intervals.
Vibration – baseline (Tier 1) pre-employment, Annual Tier 2 paper screen and at year three a Tier 3 assessment
Respiratory irritant / sensitizer – baseline pre-employment, 6 weeks post exposure, 12 weeks post exposure and 6 months post exposure.
Skin sensitizer /irritant – baseline pre-employment and thereafter an annual assessment.

When an Occupational Health Provider is contacted ask about their experience in your industry, obtain references, ensure competencies e.g. physicians should be members of the Faculty of Occupational Medicine (FOM)), ensure staff are trained (including update training). Note that there is a FOM approved vibration course. Ask whether they are SEQOHS accredited as this demonstrated that they can have systems in place that are audited. (A List of accredited providers is on their website)Ask about membership of the B&CE scheme for occupational health as this may be very useful in the future if it can be made to work. SEQOHS and B&CE membership are now being specified in tender documents.When writing / agreeing a contract with the provider make sure everything is covered and that all statutory requirements are being met – some providers only want to deliver a service managing absence which covers personal or mental health.

Make sure that the premises to be used by the provider are suitable or check whether the provider has a service from a van with an acoustic booth. Ensure that the provider has relevant risk assessments and COSHH assessments before they make the visit.

After conducting the health surveillance you should receive a health record which will not contain clinical information but will advise you on the fitness of the individual to carry out work e.g. fit, fit with restrictions or unfit. These records should be kept with other records held about the individual including exposures. When a company changes ownership the records should be transferred as well. At periodic intervals you should receive a report giving details on what has been done in the previous period. This information will show trends in work related ill health which can identify problem areas you were unaware of. The information should also be used to brief the workforce. If an employee is classed as unfit to carry on with a task, ensure the employee is informed, review the risk assessment, review other employees carrying out the same task and assign the affected person to other tasks. It may also be necessary to report the problem to the HSE under RIDDOR.

When you change OH provider you should inform, the employees of the change to the OH provider and the incumbent provider is responsible for transferring the records to the new provider.

Free access to complimentary services is available from
Healthy Working Lives (HWL’s) are funded by the Scottish Government and provide free OH, H&S & wellbeing advice, support and some services . HWL’s are a SEQOSH registered NHS provider of telephone, email & web chat services. Funding is available in some health boards to deliver free workplace visits to <250 sized organisations. Contact www.healthyworkinglives.com or telephone Tel: 0800 019 22 11
Working Health Services Scotland (WHSS) is a case management Scottish Government funded programme delivered throughout Scotland it is a free and confidential specialist health care supportive programme (mainly telephone) for employees of SME’s (<250) to support employees to remain in work. Employees can access the programme by self-referral or GP referral via National Advice line: 0800 019 22 11 or
www.healthyworkinglives.scot/workplace-guidance/illness-absence/Pages/employees-with-health-conditions.aspx
Access to Work – Mental Health is a Department of Work and Pensions service. It aims to assist people living with mental health difficulties have more good days than bad ones, it offers up to 9 months support either telephone or face to face throughout UK. Access is via www.able-futures.co.uk or telephone 0800 321 3137.

Suggested steps to take when commissioning an OH service
www.som.org.uk/sites/som.org.uk/files/Suggested-steps-commissioning-OH-service.pdf
Top tips for purchasing OH services
www.hse.gov.uk/chemicals/workshop/occupational-dermatitis
Example health surveillance pack
www.healthyworkinglives.scot/resources/publications/Documents/health-surveillance-employers-pack.pdf
Tips for purchasing Occupational Health Services (HSE NI)
www.hseni.gov.uk/sites/hseni.gov.uk/files/tips-for-purchasing-occupational-health-services-2019.pdf
Occupational Health: the value proposition Society of Occupational Medicine (SOM)
www.som.org.uk/sites/som.org.uk/files/Occupational_health_the_value_proposition.pdf

Minutes: 18th of April 2019 – The Group

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There were 20 members and guests present at the meeting. Robert Bradford advised that at this meeting we would be discussing the way forward for the Group.

Roy Jackson gave a brief description of the Group which was formed after a number of Scottish safety officers were called together by Mr Wade H.M. District Inspector of Factories “to discuss common problems, exchange ideas, information, techniques etc.. with the underlying motive being to help safety officers increase their knowledge and experience and thereby improve their own firms performance on site”.  Mr Sparkes writing on behalf of Mr Wade advised that the Factories Inspectorate would attend the meeting in an informal capacity and that the meetings should be informal. The first meeting was held on the 25th of April 1969 and was chaired by Mr Wade. It was agreed at this meeting that the meetings should not clash with the IISO meetings (IOSH). At a later date IOSH and the SCSG agreed dates for meetings with the SCSG, at a later date being allocated the second last Thursday of each month – a date that is still used.

The Group has always tried to hold events that meet the criteria listed above and have tried to help SME’s when requested after HSE interventions. Since those early days until last October there has generally been a presence from the HSE but in November we were advised that the HSE could no longer attend due to staff shortages and a change in focus.

The following points were discussed:-
• The non-attendance of the HSE as all felt that the benefits were two way. The Group gained an understanding of the workings of the HSE whilst the HSE received intelligence and gained an understanding of best practices in the industry.
• The time spent by members of the Group and from industry in general assisting with Working well Together initiatives such as SHADS where many make time from very busy schedules to assist the HSE reach the smaller end of the business. This includes time spent by procurement teams from companies who advertise the events.
• Time spent by the industry on committees such as Site Safe Scotland which the Group has actively participated in since its inception in the mid 1980’s.
• The launch of CDM 2015 jointly with CECA where we donated all of the profits to the lighthouse Club (the construction charity)
• Membership fees where it was explained that we do not charge membership fees because of the problems getting payment and the difficult gaining access to preferred supplier status do to pre-tender evaluations being applied. The way we gain finances to survive is to run an event every so often which members are encouraged to attend.
• The meeting format was discussed; a number of options were considered but we settled on the current format and content.
• The web-page which is only updated occasionally. A request for a web master was made and John Feeley of BAM Nuttall volunteered for uploading the minutes and calendar.
• Other electronic communications such as linked in, facebook etc. was discussed although there was no clear agreement.
• Involvement of members as it was felt that more assistance could be provided
• Data protection Act – where we advised that all correspondence is sent blind copy and we advised that speakers are not given contact information
• Graeme Johnstone of the Robertson Group, Ricky Guy of Farrans and Scott Harvey of MacKenzie Construction have volunteered to help with the Group’s organisation.

Actions from the discussion were:-
• Roy Jackson is to contact Sarah Shore to try to get her to attend a meeting and also to allow Inspectors to participate.
• Roy Jackson is to contact other Groups with a view to reducing meeting clashes.
• John Feeley to update the web pages.
• John Feeley to attempt to identify a way to place meeting dates in members calendars without compromising data security

Post meeting note
At the Site Safe Scotland meeting on the 13th of May the HSE announced that they would likely respond to a specific invitation in recognition that the Group has always represented a strong peer to peer support group with a wide circulation membership and links providing significantly better opportunity for messages to get to the sector of our industry that is the particular target for the HSE i.e. fewer than 15 employees

Minutes: 21st of March 2019 – Scaffolding

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There were 22 members and guests present at the meeting. Roddy McLean introduced Richard Cassidy and Paul Mullholland from BrandSafway / Lyndon SGB who gave a scaffolding awareness presentation.

Richard and Paul gave an introduction to scaffolding and the related legislation, mainly the Work at Height Regulations. The main responsibilities of the duty holders in these regs were identified with the focus being on planning the work, Paul suggested that early involvement with scaffolding contractors allows for better planning to meet this duty and also better results. Early involvement will also allow time for specific designs which can take 2 weeks (required if any more than a ‘basic’ scaffold) and application for any permits that may be required which can take 4 weeks. The planning should also include preparation of the area prior to the erection of scaffolding as a stable surface of sufficient strength for the scaffold structure is required, all scaffolding contractors should (and most will) refuse to start work without a suitable surface on which to construct the scaffolding. As well as the ground conditions a pre scaffold site inspection should, as a minimum, cover the nature of the supporting structure (stability, suitability for anchors and obstructions), access, space available (for erection of scaffolding and for storage) and potential for damage (wind funnelling, vehicle movement etc.)

Unless a scaffold is a basic configuration described in recognised guidance e.g. TG20, the scaffold should be designed by calculation, by a competent person, to ensure it will have adequate strength and stability. All scaffolding is to be erected, dismantled and altered in accordance with either SG4 or the manufacturers’ erection guide for system scaffolds. TG20-13 is the current revision of the guidance for tube and fitting scaffolding, TG20 is reviewed every 5 years and the next revision was due last year but has been delayed and should be released later this year.

When a scaffold is incomplete warning signs and a physical means of preventing access should be in place and alterations to scaffolding should only be by those competent to carry out the alterations.

The items to be considered when identifying the requirements of a scaffold were detailed, these are; what is needed, the purpose of the scaffold, tasks it is to be used for, sequencing (who needs to use it, when and their specific needs), access (stairs are always the preferred option) and platform heights (including the sequence of works, restrictions, use of hop-ups etc.). These are important to ensure that it is fit for purpose and the amount of alterations required are minimised.

The effects of wind on a scaffold should always be considered and the area of the country as well as the local topography of the area will determine the maximum height for each load class of scaffolding. Any requirements for cladding, sheeting or netting of scaffolding must have a specific design and therefore must be specified to the scaffolding contractor at an early stage as this will need to be included in the design.

Competencies for companies and individuals were discussed. The industry body is NASC and scaffolding contractors are audited before they are able to gain membership, therefore members are able to show that they meet the requirements. Non NASC registered companies can still use and follow NASC guidance and may be able to demonstrate their competency but this may require more scrutiny and therefore it would be beneficial to encourage scaffolding contractors to become NASC members if they are not already. Individual competencies are demonstrated through the CISRS card scheme, this is affiliated to and of a similar standard to the more general CSCS scheme. A variety of CISRS cards are available from scaffolding labourer and trainee through to advanced scaffolder and scaffolding supervisor. It was noted that the scaffolding supervisor card requires completion of training similar to the SSSTS qualification but specific to scaffolding and can be considered as an alternative to SSSTS when supervising scaffolding works, at the moment there are only around 1400 scaffold supervisor card holders in the UK partly due to it not being accepted by many as an alternative to SSSTS.

The importance of ties or alternative support such as raking shores or buttresses was highlighted. Unless otherwise specified in the design, ties should be positioned every other lift and every 2 bays and 1 in 20 (or a minimum of 3) should be pull tested by a competent person and noted on the handover cert. If attachment to the building or structure is not possible or impractical then buttresses or shores can be used but these can take up much more space and therefore limit access.

Access to scaffolding should be by stair towers wherever possible, if not possible then the following hierarchy should be followed; ladder access bays with single lift ladder, ladder access bays with multiple lift ladders, internal ladder access with a protected ladder trap and finally, external ladder access using a ladder gate. When ladders are used they should extend a maximum of 2 lifts without a break.

All public protection walkways, fans and netting need to be designed and must consider to work being carried out to allow the correct level of protection to be calculated in the design.

Inspections of scaffolding must be carried out as detailed in Regulations 12 & 13 of the Work at Height Regulations, the first inspection before the scaffolding is put into use is covered by the handover certificate, as the site manager will now be responsible for the scaffolding from this point on they should take the opportunity to have a walk over with the scaffolder and ensure they are satisfied with what they are accepting. Regular inspections are then required at a frequency of no more than 7 days and following any exceptional circumstances that could affect its stability, these can be carried out by the scaffolding contractor who erected the scaffold but this will not normally be included in the contract and it is the responsibility of the site manager to ensure this is carried out. Non scaffolders can obtain a separate qualification for basic scaffold inspection but this will require evidence of experience to obtain the CISRS competency card. Competent scaffolders will have received the training and experience of inspection as part of their regular competency so will not require the separate scaffold inspection competency card. The scaffold inspection should be a written report covering the requirements of Schedule 7 of the Work at Height Regs and should be kept on site until the work is complete and then at an office of the Principal Contractor for a further 3 months.

Richard and Paul ask any members to contact them if would like any further information or advice.

Roddy thanked Richard and Paul before moving on to other business.

A new Principal Inspector is due to start with the HSE out of the Edinburgh office.

The Group is looking for assistance from any member who would like to devote some time to assisting the industry.

Minutes: 21st of February 2019 – CITB Site Safety Plus

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There were 21 members and guests present at the meeting. Roddy McLean introduced John Bissett from the CITB who was giving an update on site Safety Plus and changes within the CITB.

John advised that he was looking for feedback on Site Safety Plus to take back to the CITB before the system has been finally agreed. As most people know the CITB is selling off most of its centres although the outcome of the sale isn’t yet known. The main centre of the CITB will be moving to an office complex in Peterborough and the centre at Inchinnan may not be the office in the future. The CITB will mainly focus on grants, funding and Site Safety Plus. The CITB is pulling out of the management of CSCS (they will still manage cards and provide information) which is being sold and CPCS which has been sold.

To date Site Safety Plus has delivered 72,100 safety awareness courses, 28,300 SMSTS courses, 16,000 SSSTS courses and 1100 Directors awareness courses as well as refresher courses e.g. 5,200 SSSTS refreshers. The numbers attending these courses is more or less static over each year. Site Safety Plus has been running for approximately 40 years after being introduced to raise safety awareness standards. It has grown over the years from the SMSTS to all of the other topics covered including all the one day and specialist courses requested by the industry. The number of courses will remain the same with the exception of the courses for shopfitters and interior workers. The standard required for trainers has been raised significantly to the extent that some sectors have difficulty finding trainers.

The consultation on the health and safety awareness course exams has now closed with the papers now including safety critical questions (always the first three questions). To gain a CSCS card the individual must complete a touchscreen test and the health and safety awareness course exam.

The SSSTS course and exams have been reviewed and there are four safety critical questions and instead of a case study there is now a small suite of drawings that can be used. These drawings are used to look at tasks and the project. On the second day there is a five minute presentation. The SSSTS course gives supervisors a basic knowledge which can be supplemented by attending the more detailed SMSTS course.

For providers there is easier access to materials through log in to the website; the site also gives news, updates and has a FAQ’s section to assist. There are new short video clips covering asbestos, work at height, CDM, manual handling, accident prevention, waste materials and confined spaces.

Site Safety Plus accounts managers are being appointed throughout the country.
Tutors must have qualifications and experience and there will be more quality assurance.
To aid development CITB requires more industry feedback.
There will be a greater focus to ensure that training is accessible to all.
Courses may have bolt-on’s for example to suit the demolition and building maintenance sectors.
All courses have a scheme of works.
All scaffolding courses will be delivered by CISRS accredited providers.

When asked about common problems John advised that many companies send attendee’s who are not ready for the course and do not meet the minimum requirements, often to fill a space that has been paid for. Many clients demand for example that all supervisors must attend the SMSTS course as they are unaware that more appropriate course (SSSTS) might be more appropriate for some staff. Although most tutors can cope with the problems they encounter.

More information on the scheme can be found on the CITB website.
If you are interested in improving Site Safety Plus and are interested in assisting please contact John.

Roddy thanked John before moving on to other business.

Site Safe Scotland is on the 21st of March which clashes with the next meeting. If you have any topics you would like raised please contact Robert Bradford.

The Group is looking for assistance from any member who would like to devote some time to assisting the industry.

Minutes: 24th of January 2019 – Legal Update: Pinsent Masons

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There were 33 members and guests present. Robert Bradford introduced Charlotte O’Kane an associate with Pinsent Masons who was giving an update.

Charlotte mainly works mainly on health and safety law dealing with HSE investigations, appeals, accident investigations and reviews policies and procedures as well as working on commercial litigation.

Fee for intervention (FfI) is applied by the HSE when a material breach of health and safety law occurs in an inspectors opinion. The appeals process has changed after a review in March 2017 due to the original process being legally challenged by a company called OCS who had their notice withdrawn and expenses paid. This has resulted in an improved process not relying totally on HSE personnel hearing the appeal with the main changes being that the appeal is heard by a lay panel with an HSE Chairperson, there is an improved process for disclosure of information, the panel only considers information available to the inspector at the time, HSE arranges the time and place for the review, the panel can arrange a meeting with witnesses which is not a hearing, the HSE can add costs to the FfI if they win, the decision is non-binding (if the company still doesn’t pay the case can be heard through the courts.

There is a 21 day period to challenge the FfI notice. Always ensure that your accounts department discuss any invoice from the HSE.

The HSE has never agreed that payment of the FfI is not an admission of guilt therefore companies should always state they are paying the costs but that it is not an admission of guilt.

Enforcement notices. In the case HSE v Chevron. In April 2013 the HSE visited an offshore drilling rig and found corrosion in a staircase, they then carried out an impromptu test using fire axe and as a result of the findings served a notice. Chevron then tested the staircase using the relevant British Standard and the staircase passed. Chevron challenged the notice and the tribunal had to consider whether they should take in to account evidence not known by the inspector. They looked at the information and cancelled the notice. HSE appealed and were unsuccessful. This conflicted with another case in England and the HSE then went to the Supreme court who agreed all information should be considered. It has still not decided who is paying the costs for this.
For notices there is a 21 day appeals process, from a question asked we were advised that at a tribunal the challenger can win his case against the HSE but the HSE, or tribunal can amend the wording of the notice.

Cases

An 86 year old died from Legionnaires disease and it was found that the taps in the care home bathroom were the culprit. The company were charged under Section 3 of the HSWA and were fined £13 million as they had a turnover of £198 million and pre-tax profit of £51 million costs of £151,000 were also awarded.

Costain and Galliford Try each with a turnover in excess of £1 billion whilst upgrading a water treatment works had personnel trapped in a rotating screen resulting in a court appearance with a fine of £1.4 million each. They had systems in place but had neglected to take in to account concerns raised by the worker to his supervision. The court wanted to create an impact as the work was easily managed.

Balfour Beatty Utility Solutions failed to keep HAVS exposure as low as reasonably practicable and had no risk assessments. They reported a significant number of cases. They were fined £500,000 under section 2 of the HSWA and regulation 5 of RIDDOR (not reporting cases as they had no knowledge). They had carried out health surveillance but had not acted on the early warnings given by this.

A Tesco driver reversing in to a loading bay hit a person. Their turnover is £38.6 billion and profit £1 billion were fined £1.6 million with £50,000 costs under section 3 of the HSWA and regulation 3 of the Management regulations as they had not followed their own procedure. Since the incident Tesco has redesigned the parking arrangement as well as installing barriers.

A worker was crushed by a reversing lorry as a dock leveller had become stuck and they had known about this. They were fined £2 million.

There have been a number of recent personal prosecutions including;
Jonathan Gaskell who was imprisoned for 8 months after a worker was killed in an inadequately guarded baling machine. The guarding was still inadequate 5 years later. The company was fined £700,000 with £100,000 costs.

Michael Allen whose company was fined £267,000 after a worker fell whilst repairing a barn roof. The company was put in to liquidation and started a new company so that the fine was not paid. The case was investigated by the Insolvency Service and Michael Allan was banned from being a company director for six years.

There have been changes to the Sentencing Council Guidelines in England and Wales with new guidance being issued regarding sentences for manslaughter offences. For example a one to eight year sentence will apply if the defendants at the Hillsborough case are found guilty.

HSE inspectors are overstretched as a result investigations are taking far longer. There have been a lot of changes in the Procurator Fiscals office. The head left last year and the replacement has now moved on resulting in a temporary head being in charge. The Clutha Vaults enquiry will tie up the PF office for a long time. Decisions on cases is now taking far longer.

Robert thanked Charlotte for her presentation.

There was one other item of business

The Coniac Workplace Health Safety and Welfare regs refer tot the size of sinks does anybody know where this size came from.