This is an extremely worrying time for businesses and workers. We know many workers, union reps and employers have questions and concerns about safe working – especially for those continuing to attend a place of work away from their homes.

This statement by the Partnership on Health and Safety in Scotland¹ (PHASS) is intended to clarify the position. The health and safety of workers remains paramount. Employers are and must continue to provide workers with information about risks to their health and the actions their employers must take.

We have high expectations of how fair work principles should be applied during the current crisis. This means an approach where workers, trade unions and employers work together constructively to reach the right decisions on all workplace issues that arise throughout this crisis.  The dimensions of fair work as defined by the Fair Work Convention: effective voice; security; respect; opportunity and fulfilment, applied to the current context, offer a framework for taking these decisions.

Social distancing is a key public health measure supported by the Scottish Government to reduce the spread of infection but certain businesses are required to close by law.  Businesses unsure of the guidance should visit: https://www.gov.scot/news/social-distancing-guidance-for-business/.  Those that can safely stay open, keeping the country running, must also follow government guidance.

Most employers are going to great lengths to ensure social distancing.  PHASS wishes to publicly support these efforts.  But if it comes to the HSE’s attention that employers are not complying with the relevant public heath guidance (by enabling social distancing when it is practical to do so before personal protective measures), HSE will consider a range of actions ranging from providing specific advice to employers through to issuing enforcement notices, including prohibition notices.  Local authorities also have enforcement powers in specific premises under health and safety legislation and also powers – including to be able to close non-essential businesses – under new public health Coronavirus legislation in Scotland.

Where a worker has a genuine concern about health and safety which cannot be resolved through speaking with their employer or trade union, they should contact the relevant enforcement agency – either their local authority, or the HSE through https://www.hse.gov.uk/contact/concerns.htm

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¹ British Occupational Hygiene Society, CBI Scotland, , Federation of Small Business, Scotland, Health and Safety in the Voluntary Sector Scotland, Heath and Safety Executive, Institution of Occupational Safety and Health, Professional Organisations in Occupational Safety and Health in Scotland, Public Health Scotland, Royal Environmental Health Institute of Scotland, Scottish Council for Development and Industry, Scottish Government, Scottish Hazards, Society of Chief Environmental Health Officers, Scotland, Society of Personnel Directors, Scotland, STUC.

ENDS

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This is an extremely worrying time for firms and workers. We know many workers, union reps and employers have questions and concerns about safe working – especially for those continuing to work away from home.

This joint statement between the Health and Safety Executive, the TUC and the CBI is intended to clarify the position. The health and safety of workers remains paramount. Employers are and must continue to provide workers with information about risks to their health and the actions their employers must take.

Social distancing is a key public health measure introduced by Public Health England to reduce the spread of infection. Most employers are going to great lengths to ensure social distancing wherever possible. The HSE, CBI and TUC wish to publicly support these efforts. Firms that can safely stay open and support livelihoods should not be forced to close by misunderstandings about government guidance.

But If it comes to the HSE’s attention that employers are not complying with the relevant Public Health England guidance (including enabling social distancing where it is practical to do so), HSE will consider a range of actions ranging from providing specific advice to employers through to issuing enforcement notices, including prohibition notices.

Where a worker has a genuine concern about health and safety which cannot be resolved through speaking with their employer or trade union, they should contact the relevant enforcement agency – either their local authority, or the HSE through https://www.hse.gov.uk/contact/concerns.htm

For firms who are unsure about the guidance, please visit https://www.hse.gov.uk/news/social-distancing-coronavirus.htm

ENDS

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The Health and Safety Executive (HSE) has taken steps to support hand sanitiser manufacturers as UK production is increasing to tackle Coronavirus.

Due to unprecedented demand for biocidal hand sanitiser products during the coronavirus outbreak, HSE is providing derogations that will assist the UK manufacture and supply of biocidal hand-sanitiser products that use propanol as their active ingredients.

During the temporary exemption, biocidal hand sanitiser products containing Propan-2-ol will not be required to obtain a product authorisation if they meet the relevant WHO-specified formulation II.

Article 55 (1) of the Biocidal Products Regulation (BPR) enables HSE, in cases of danger to public health, animal health or the environment which cannot be contained by other means, to provide short term derogations from the requirements for product authorisation.

Manufacturers in scope of the derogation should read the advice provided in the link below.

Dr Richard Daniels, HSE’s Chemicals Regulation Director said: “It is vital that workers and members of the public are able to protect themselves and others from the spread of Coronavirus. The correct use of safe and effective biocidal hand sanitisers are part of the range of government measures to protect the NHS and UK citizens.

“Amid this national effort, we are working closely with other government agencies, manufacturers and their trade associations to help remove obstacles to the manufacture and supply of safe and effective biocidal hand sanitiser products and reduce supply chain issues.

“While this action will enable manufacturers to place hand sanitiser products on the UK market quickly, we still expect them to meet their responsibilities to adhere to the correct standards which protect the people and the environment from potentially harmful chemical effects.”

HSE’s updated guidance has been published on https://www.hse.gov.uk/news/hand-sanitiser-manufacture-supply-coronavirus.htm

Notes to editors

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise. www.hse.gov.uk
2. More about the legislation referred to in this case can be found at: www.legislation.gov.uk/
3. HSE news releases are available at http://press.hse.gov.uk
4. Visit HSE Biocides website^[5].

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A manufacturing company has been fined after an employee’s arm was dragged into a press roller.

Chelmsford Magistrates’ Court heard that on 19 June 2019, an agency worker at E.G.L. Homecare Limited suffered a severe crush injury to his arm as he attempted to remove dirt from a press roller at the address on Campfield Road, Shoeburyness. He was working on a production line that glued sponge to abrasive sheets to make scourer sponges. His job was to remove the sheets of scourer sponges from the conveyor onto a pallet when his right hand got dragged into the nip point of two in-running rollers up to his shoulder. He was diagnosed with forearm compartment syndrome, a painful condition caused by bleeding or swelling within an enclosed bundle of muscles. He had an operation on his arm and had to stay in hospital for six days.

An investigation by the Health and Safety Executive (HSE) found that the company failed to provide a tunnel guard on the press roller to prevent access to the rollers.

E.G.L. Homecare Limited of Campfield Road, Shoeburyness has pleaded guilty of Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998. The company has been fined £80,000 and ordered to pay costs of £5,314.08.

Speaking after the case, HSE inspector Carla Barron, said: “This incident could have been avoided had the company properly assessed the guarding arrangements on the machine when it was installed. Unfortunately access to in-running rollers is a common cause of injury but it can be easily avoided by providing effective control measures such as the provision of tunnel guards.”

Notes to Editors:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise. www.hse.gov.uk
2. More about the legislation referred to in this case can be found at:www.legislation.gov.uk/
3. HSE news releases are available at http://press.hse.gov.uk
4. Picture illustrates the press roller with and without a guard.

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Tayside Health Board has been fined following three incidents where patients completed suicide using ligature points.

Perth Sheriff Court heard that, between 1 April 2012 and 4 November 2015, on the Moredun Ward at general adult psychiatry ward of Murray Royal Hospital, Muirhall Road, Perth, three patients were able to utilise ligature points to take their own lives. Patients on Moredun Ward are acutely unwell and often not in a position to ensure their own safety.

An investigation by the Health and Safety Executive (HSE) found that Tayside Health Board failed to assess, manage and control the risk of severe injury and death associated with ligature anchor points. Private bedrooms within the facility had multiple ligatures points which could have been removed to reduce the risk to patients on the ward. The Health Board failed to effectively communicate risks associated with the ligature points to staff who were required to monitor and assess patients. A previous attempt by one patient to secure a ligature to a ligature anchor point was not communicated to the staff who monitored her. She later successfully completed suicide by the same method.

Tayside Health Board of Ninewells Hospital, Clepington Road, Dundee pleaded guilty to breaching Sections 3(1) and Section 33(1)(a) of the Health and Safety at Work Act and was fined £120,000.

After the hearing, HSE inspector, Kerry Cringan said: “These tragic incidents led to the avoidable deaths of three women. These deaths could have been prevented if the Health Board had acted to ensure their ward met the required standards for acute mental health facilities.  This requires providers to ensure that spaces where service users are not continually supervised are designed, constructed and furnished to make self-harm or ligature as difficult as possible. HSE will not hesitate to take appropriate enforcement action if providers fail to meet these standards.”

Notes to Editors:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise. www.hse.gov.uk
2. More about the legislation referred to in this case can be found at: www.legislation.gov.uk/
3. HSE news releases are available at http://press.hse.gov.uk

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