Personal Protective Equipment at Work (Amendment) Regulations 2022

Personal Protective Equipment at Work (Amendment) Regulations 2022

The UKCA marking is the product marking used for products being placed on the market in Great Britain as a result of Brexit.  The UKCA marking applies to most products for which the CE marking could be used.  The mark indicates that all relevant health and safety regulations and applicable standards have been met by the manufacturer and that it’s safe and legal to use.

The date by which products placed on the GB market must be UKCA-marked has been amended to 1 January 2025.

Exceptions

There are two specific exceptions to this requirement:

  1. Qualifying Northern Ireland goods can continue to be placed on the GB market bearing the CE marking or CE and UKNI markings after 1 January 2025.
  2. CE-marked PPE that was placed on the UK or EU markets before 1 January 2025 (before the expiry of the Transition Period) and has not yet reached its end user may continue to circulate on either market until it reaches them.

What are the implications?

From 1 January 2025, employers should ensure that any PPE they buy bears the ‘UKCA’ mark and complies with Regulation (EU) 2016/425 (as incorporated into UK law).

As well as the UKCA mark on the product (or its packaging/accompanying documentation until 1 January 2028), a supplier would be expected to be able to provide a UK Declaration of Conformity.

PPE that is CE-marked and was placed on the market on or before 31 December 2024, can continue to be used, providing that it is otherwise suitable.

The HSE’s revised PPE guidance explains how to comply with the Regulations. It includes:

  • Details of the types of PPE available.
  • The hazards that may require PPE to be used.
  • Advice on the selection, use and maintenance of PPE.

The revised version of the guidance also includes information on conformity marking, following the UK’s exit from the EU.

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Feel free to contact us if you need any advice regarding these changes. Don’t forget to update policies with the legislation date change if you haven’t already.

Stress in the Workplace

Stress in the Workplace

The HSE defines work related stress as: ‘The adverse reaction people have to excessive pressures or other
types of demand placed on them at work.’

If stress becomes excessive and prolonged, mental and physical ill health may develop

Line managers play a crucial role in supporting staff that experience
distress and/or mental health problems. 

Employers are not responsible for managing the stress that an employee
may experience outside the workplace. However, such stress is likely to
impact work performance and the ability to manage any stress encountered at work.

Signs of stress

Excessive pressure or stress can cause changes in behaviour or performance. The kinds of change that may occur include:
Work performance: declining/inconsistent performance, uncharacteristic errors, loss of motivation/commitment, lapses in memory.
Conflict and emotional signs: crying, arguments, unusual sensitivity, irritability/moodiness, over-reaction.
Aggressive behaviour: criticism of others; bullying or harassment; temper outbursts.
Physical signs: nervous stumbling speech; sweating; tiredness/lethargy – trouble sleeping; tension headaches; rapid weight gain.

Legal duties

The prevention of stress is included in the general duty of care that an employer has to his or her employees:
• Equality Act 2010
• Health and Safety at Work etc Act 1974; ‘health’ includes mental health
• Management of Health and Safety at Work Regulations 1999 (as amended).

Civil law; an employer owes a ‘duty of care’ to individual employees in the course of their employment. This
is the area of law with the most important implications for work-related stress.

Recommendations for employers

• Undertake and regularly review stress assessments and implement their recommendations.
• Support those experiencing stressful situations – via in house support or signposting to other resources.
• Provide staff with access to a confidential counselling service or helpline – but recognise that providing such services is unlikely to fully discharge the responsibility to effectively manage stress in the workplace.
• Offer training and development opportunities – so that people feel confident in both their ability to perform work tasks and progress.
• Maintain good communications with staff.
• Monitor and review workloads – so people aren’t overloaded.
• Manage poor performance and attendance to prevent a burden on other staff.
• Ensure staff are not working excessive or unreasonable hours.
• Lead by example – by not overworking and promoting work:life balance.
• Ensure that bullying and harassment are not tolerated.

Guidelines to help employees

Employers should take appropriate measures to control the risk of stress-related ill health arising from work activities. The HSE have established Six Management Standards to help employers appropriately direct their attention and resources:
• Demand: workload, work pattern and the work environment.
• Control: what influence the individual has about the way they do their
work.
• Support: the encouragement, sponsorship and resources provided by
the employer, line management and colleagues.
• Relationships: the promotion of positive working to avoid conflict and dealing with unacceptable
behaviour.
• Role: whether employees understand their role within the organisation and whether the organisation
ensures that the person does not have conflicting roles.
• Change: how organisational change is managed and communicated in the organisation.

Case law

A council administrative assistant who fell ill with anxiety and depression was awarded £157,541 after a County
Court judge heard in evidence that she had to work ‘grossly excessive hours’ [Jones v Sandwell Metropolitan District Council]. However, the Courts have held employers not to be liable when reasonable precautions have been taken and the employer could not reasonably know that the employee was particularly susceptible to stress.

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Feel free to contact us if you need support with undertaking your Stress Risk Assessments,writing Stress Policies and Stress Toolbox Talks.

Violence at Work

Violence at Work

The Health and Safety Executive’s definition of work-related violence is: ‘Any incident in which a person is abused, threatened or assaulted in circumstances relating to their work’. 

 

HSE figures for 2019/20 reveal that there were 688,00 incidents of violence at work. These comprised 299,000 assaults (of which 37% resulted in physical injury) and 389,000 threats.

Risk factors for violence

According to the HSE the following issues represent key risk factors:
• Drink, drugs or inherent aggression/mental instability.
• Resentment (having no right to appeal decisions).
• Impatience.
• Frustration (due to lack of information or boredom).
• Anxiety (lack of choice, lack of space).
• Target for robbery (eg. money handling or retail premises).
• Poor design of premises.

Violence at work tends to be perpetrated by:
• disgruntled colleagues
• clients/customers
• patients
• residents
• pupils
• members of the public

Anyone who experiences violence at work should be encouranged to contact agencies outside the workplace to help them recover from the incident, in additon to receiving support from their employer.  Vicitim Support offers a support line. Tel: 0808 1689 111 https://www.victimsupport.org.
uk

Lone workers are at greater risk of violence at work. 

Ensure your risk assessment reflects this.

 

Jobs that expose workers to the risk of violence

Based on the experience of its members, the Trade Union UNISON has highlighted certain work activities that predispose workers to a risk of violence. Such work activities include:
• Handling money.
• Handling drugs, or having access to them.
• Carrying expensive equipment such as laptops, mobile phones, expensive tools for professional trades.
• Giving care to people who are ill, distressed, afraid, in a panic or on medication.
• Associating with people who have a great deal of anger, resentment or feelings of failure.
• Dealing with people who have unrealistically high expectations of what an organisation can offer and who are seeking quick easy solutions to long term and complex problems.
• Dealing with the friends and families of clients who may be concerned or feel inadequate in relation to the large organisation from which they are seeking help.
• Working with people who have previously used violence to express themselves or achieve their needs.
• Exercising power to restrict the freedom of individuals, eg in the case of an arrest.
• Enforcing legislation – eg EHOs, bailiffs, social workers.
• Working alone, in clients’ homes, in physically isolated units, or at hours when few other employees are around – eg care workers.
• Following procedures which do not provide much information to clients about what is happening.
• Working in units which do not have a human image – often crowded, busy, uncomfortable and lacking in essentials for the public such as refreshments, telephones and children’s toys.
• Working under pressure created by increased workloads, staff shortages, and the absence of alternative support for the client.

Recommendations for employers:

• Assess the risks to workers (including the risk of foreseeable violence), decide how significant these risks are, prevent or control the risks, and develop a clear management plan.
• Consult with the workforce and their representatives about risk assessments and actions.
• Develop and implement a violence prevention policy and ensure everyone is aware of their responsibilities.
• Establish clear grievance and disciplinary procedures.
• Establish debriefing and support mechanisms for those who are subject to a violent attack and potentially, for those who witness an incident.

Case law

A council was fined £100k following a lone worker policy failure. The prosecution came after two social workers were assaulted on a home visit by the mother of a vulnerable child they were visiting. Whilst note taking both
social workers were struck over the head with a metal object by the mother, resulting in one being knocked temporarily unconscious.
The HSE found that the local authority had failed to follow its corporate lone working policy or violence and aggression guidance. No risk assessment was completed and staff were not trained accordingly.
Employers must do all they can to provide their staff with a safe working environment.

Contact Us

Feel free to contact us if you need support with managing violence within your team.  We can offer risk assessments, toolbox talks and policy writing.

A HSE Inspector Calls

A HSE Inspector Calls

A HSE INSPECTOR CALLS.

It isn’t unusual for a Health & Safety Executive Inspector to visit your business without warning and the law allows them to visit at any reasonable time.  Throughout the year the HSE run targeted campaigns.  Currently these are a health initiative inspecting manufacturing businesses who specialise in materials such as stone, rocks, clay and sand. This initiative highlights the respiratory risks of respirable crystalline silica (RCS), a natural substance found in most stone, rocks, sand and clay, and in products such as bricks and concrete.  An additional current campaign is looking how workers are moving heavy or bulky materials, particularly within the construction industry.

During a visit an inspector will want to know how you ensure the health, safety and welfare of your workers, and anyone who may be affected by your work.

An inspector will ask about:

  • Tasks undertaken by workers and the potential risks associated with the work.
  • Specific health and safety issues in your workplace
  • What your knowledge and experience is in regard to health and safety
  • Specific standards and legislation regarding your industry.

They may want to:

  • Look at machinery or other work equipment
  • See evidence of documents, e.g. a health and safety policy, risk assessments, safe systems of work.
  • Take photographs
  • Talk to your employees whilst on site
  • Provide some advice and guidance on how you can make improvements in your health and safety practice.

Examples of when things go wrong:

  • Dangerous practice is observed.
  • No evidence of any risk assessments or other health and safety documents
  • No evidence of training for workers
  • Poorly maintained or unsafe machinery/work equipment is observed
  • Unsafe work environment eg, unsecure racking, poor housekeeping, trailing cables, poor ventilation, or lighting
  • No evidence of any statutory inspections being undertaken eg Electrical installation condition testing, gas safety checks, asbestos surveys, legionella surveys, fire risk assessments

During or following a visit the inspector may offer advice and guidance on what improvements you can make, this could be verbal or written.

More serious consequences:

Notification of Contravention

A notification of contravention letter may be sent to if the inspector thinks you have broken the law seriously enough for them to write to you about it. It will include:

  • Any health and safety laws you may have broken
  • Explaining how you’ve broken them.
  • Explain what you need to do to stop breaking the law.

Enforcement notices:

If during a visit an inspector identifies any areas where you are not complying with legislation or there are areas of the workplace which are deemed unsafe, you maybe issued with an enforcement notice.

There are two types of enforcement notice:

  • Improvement notice
  • Prohibition notice

Improvement notice

An improvement notice will explain what it is the inspector was not happy with following his visit, what you need to do to put things right and a deadline you must make the changes by, normally 21 days.

You commit a criminal offence if you don’t make the changes in the time we give you.

Prohibition notice

You may get a prohibition notice if there is a risk of serious personal injury now or in the future. A prohibition notice orders you to stop doing something until you have made it safe to continue. This could be, for example, unguarded machinery.

You commit a criminal offence if you don’t comply with a prohibition notice.

You can be prosecuted for breaking health and safety laws or for failing to comply with an improvement notice or a prohibition notice. The courts can fine you or in some cases send you to prison.

Costs – Fee for Intervention

If we give you a notification of contravention, an improvement notice or a prohibition notice you will have to pay a fee. This is called a ‘fee for intervention’ (FFI) which includes:

  • The costs for the time of the entire original visit.
  • Any time spent at your workplace preparing reports.
  • Obtaining any specialist advice.
  • Any support you require to make the changes required
  • Time spent Investigating the case
  • Time taken on taking action against you.

The current Fee For Intervention hourly rate is £163.

 Other possible consequences

  • Criminal conviction
  • Fines
  • Court costs
  • Increased insurance premiums
  • Lost productivity
  • Diminished reputation
  • Costs of making the changes which you hadn’t planned for.
  • Low morale amongst your work force

If you feel you require support, advice or guidance in making improvements to your health and safety practice in your workplace, to ensure you are compliant with current legislation please do not hesitate to contact us.  We also offer a service whereby we are on hand to liaise on your behalf with the enforcing authority should this be required.

Should you require any support or have any questions, then just get in touch here.

 

 

 

Extreme weather warning – are you prepared?

Extreme weather warning – are you prepared?

Severe heat health alerts issued in the UK due to high temperatures.

With the extreme weather warning issued by the Met Office, we just wanted to clarify what your legal duties are and provide you with some useful tips on reducing the associated risks.

We often get asked is there a legal maximum temperature in which people can work? 

The answer is no, but workplaces should ideally be at least 16C or 13C if the job is mostly physical. Guidance states workplace temperature must be ‘’reasonable’’ with ‘’clean and fresh air’’.  Additionally, the Health & Safety at Work Act means employees are generally responsible for employees’ welfare. As an employer, you have a legal duty to implement reasonably practicable controls.

So, what can you do?

Here’s a few examples of measures you can introduce to protect your workers:

  • reschedule work to cooler times of the day or another day
  • provide plenty of sun cream
  • encourage more frequent rest breaks
  • provide hats
  • ensure access to cool drinking water
  • introduce shading in areas where individuals are working
  • encourage the removal of personal protective equipment when resting to help encourage heat loss
  • ensure blinds are closed
  • provide air conditioning units or fans
  • open windows
  • ensure air conditioning is operational within vehicles
  • relax the company clothing policy/formal dress code
  • switch off electrical equipment that’s not in use or required (some of our clients only offer cold food on days when temperatures are extreme to avoid using the hobs and ovens)
  • educate workers about recognising the early symptoms of heat stress.

Are you responsible for any areas which have open water? Make sure you have done all that is reasonable, to prevent trespassers gaining access.

Symptoms of heat stress:

– Unable to concentrate
– Experiencing muscle cramps
– A heat rash
– Fainting
– Heat exhaustion – fatigue, giddiness, nausea, headache, moist skin
– Severe thirst – a late symptom of heat stress
– Heat stroke – hot dry skin, confusion, convulsions and eventual loss of consciousness. This is the most severe disorder and can result in death if not detected at an early stage.

In addition to the above physical symptoms, you also need to consider employees overall emotional wellbeing and ensure all staff are monitored and effectively supported.

If employees show any signs of heat exhaustion, you should immediately ensure you stop work and allow employees to recover.

Although we might consider outdoor workers to be more vulnerable to the risks of hot weather, it is important we remember our indoor workers as well. Those that may work in confined spaces or environments that are normally hot anyway eg, kitchens, bakeries, boiler rooms and to ensure suitable controls are implemented. 

Finally, do ensure your site risk assessments incorporate extreme weather.  With heatwaves becoming more likely and more extreme because of climate change, this is likely to be an ongoing risk that we’re all going to have to manage. 

Should you like any advice on how to apply the measures above, then just get in touch here.