Since the tragic events of the Manchester bombing where sadly 22 persons were killed and as a result of the inquest and various campaigns, we now have a draft bill, the Terrorism (Protection of Premises) Bill otherwise known as Martyn’s Law.
‘Martyn’s Law’ will place a requirement on those responsible for certain venues to consider the threat from terrorism and implement appropriate and proportionate mitigation measures. The legislation will ensure that people are prepared, ready to respond and know what to do in the event of an attack.
Who will be in scope?
Premises will fall within the scope of the duty where “qualifying activities” take place. This will include locations for purposes such as entertainment and leisure, retail, food and drink, museums and galleries, sports grounds, public areas of local and central government buildings (e.g. town halls), visitor attractions, temporary events, places of worship, health, and education.
It is proposed that the duty will apply to eligible premises which are either:
a building (including collections of buildings used for the same purposes, e.g. a campus); or
a location/event (including a temporary event) that has a defined boundary, allowing capacity to be known.
Eligible locations whose maximum occupancy meets the above specified thresholds will then be drawn into the relevant tier. Therefore, premises will be drawn into the scope of the duty if they meet the following three tests:
That the premises is an eligible one – i.e., building or event with a defined boundary.
That a qualifying activity takes place at the location; and
That the maximum occupancy of the premises meets a specified threshold – either 100+ or 800+
This bill is not yet enacted, predictions are that it may be in the Autumn, so it may change and we will keep you updated with developments. More detail on the tiers and the requirements can be found below.
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 touchhere.
Chronic obstructive pulmonary disease is the name for a group of lung conditions that cause breathing difficulties when the lungs become inflamed, damaged and narrowed.
These include:
Emphysema – damage to the air sacs in the lungs.
Chronic bronchitis – long term inflammation of the airways.
How is it caused?
Smoking is known to be the main cause of COPD, however long term exposure to harmful dust and fumes is also a known cause. You are considered to be more at risk if you work within certain industries. A few are listed below:
Agriculture
Construction
Flour and grain milling
Foundry workers
Petroleum workers welders
Pottery and ceramic workers
So what are harmful dusts and fumes?
Cadmium dust and fumes – associated with silver soldering and the manufacturing of batteries.
Grain and flour dust – found in grain/flour mills and the manufacture of animal feeds.
