NEBOSH Inspection 1

APPENDIX 5

UNIT GC3 – THE HEALTH AND SAFETY PRACTICAL APPLICATION

Candidate report template

Student number: 00247428 Location: Festival Supplies & Training Solutions _ Date of review: 20/08/14

Introduction including overview of area inspected and activities taking place NEBOSH Practical Health and Safety Inspection. Inspection Location: Festival Supplies & Training Solutions, Chester. Date of inspection: 20/08/14 The purpose of the inspection was to identify strengths and weakness within the organisations health and safety management system and to suggest suitable recommendations for improvement. The Health and Safety workplace inspection was conducted at a small company employing 8 full time workers and 6 part time staff. The company is located on the edge of a large industrial estate just on the outskirts of Chester. The company is housed in 3 adjoining buildings, 1 building comprises of offices, training classrooms and several storerooms. The other 2 buildings are warehouses storing various festival items. The company comprises of three businesses. A sales business that sells festival and garden party supplies, a busy lease and hire business providing festival and garden party supplies. The final part of the company is a training solution, that provides training for outdoor caterers. The company is located on the edge of bustling industrial estate. The out-door technical working areas comprises of two separate car parks linked by the industrial estate trunk and link roads and single lane one-way systems. The warehouse area has a sizeable vehicle manoeuvre area. The main building is a 1970s build, accommodating the majority of the company staff, this building is predominately a single storey bricked built structure comprising of 3 offices, 2 classrooms, 2 storerooms and a double storey height conference / lecture theatre. This building is the focal point for the day-to-day operations of the business, housing the managing director, clerical staff and sales personnel / instructors. This is a multi purpose building and is used as a training / conference centre, having a purpose built 50 seat theatre and a 40m x 30m outdoor area. The two remaining building are identical in construction and size. Both are double storey in height, constructed of pressed metal sheeting, having roller door access enabling the use of folk lift trucks. These buildings contain double storey height racking and shelving. These two buildings have a mixture of sales and leasing products. The products range from marquees, garden and outdoor structure heating systems, cooking sets, flooring, lightings sets, tables and chairs, and numerous other items for use in the festival and outdoor entertaining sector. A schematic of the company location is at Annex A. Executive Summary On the completion of the health and safety inspection and subsequence comprehensive reporting process it is evident there are many significant health and safety issues. These issues can be rectified with relatively little cost in terms of time, effort, resources and money. Without doubt the cost of resolving these will produce benefits to the company but ensuring compliance with current legal

requirements, increased productivity and most importantly, the protection of visitors, clients and the workforce. With strong managerial commitment to the resolution of these recommendations and observations this will undoubtedly influence the health and safety culture of this business. The key issues revolve around the development of current practices and implementation of management and supervision controls. The conclusion is based on six area: 1. The development of the current fire safety system, the simple repair of damaged resources and managerial control and recording of actions. 2. The repair and maintenance of the internal fabric of the building, including the development of the reporting responsibilities. 3. The improvement of movement within the warehouse areas as well as the use of PPE. 4. The management of leased vehicles and the control measures to ensure the safety of employees whilst using this vehicles. 5. The awareness of the entire staff on the importance of good house keeping. 6. Managerial controls, the recording of training, the adherence to legislation and change in the health and safety culture. Main findings of the inspection Over the past few years with economic down turn Festival Supplies & Training Solutions has reduced in terms of workforce, sales and leasing. This without doubt has had an impact on the levels of health and safety within the company however it would appear that in many areas a disregard for the law is common place. There are numerous areas for concern with health and safety some of these hazards present the potential of death and serious injury. 1. Fire protection and fire precautions Throughout the workplace there has been provided numerous facilities and items of safety equipment for the control and response to fire. This includes in-date and the appropriate number and type of fire extinguishers located in identifiable areas near to associated hazards. The majority of containment precautions are maintained this includes the safe condition signage and available fire exits. Although this is commendable, fire provisions have been severely compromised by inadequate inspections, reporting, neglect and unawareness of management and the workforce. There is evidence of repair to fire control measures and fire response equipment. This maintenance has potential caused greater risks. A fire partitions door observation panel has been obscured with the use of gaffer tape, this has impeded the view along a busy corridor. A fire call point has been repaired with self adhesive tape this has potentially compromised the functionality of this device, making its condition unpredictable. All of the fire extinguishers and fire blankets are located in the correct positions however a powder fire extinguisher located near to a high risk fire source (electricity cupboard) has been compromised as the extinguisher safety pin is missing. There is a significant failing in the Heath and Safety At Work At 1974 (HASWA 1974) as the main building has an obstructed fire escape. A marquee has been erected next to the building and has completely rendered the fire escape door useless. This in the event of a major fire could lead to serious injury or death. These issues would also then breach subsequent supporting Regulations including The Workplace (Health, Safety and Welfare) Regulations 1992 and The Management of Health and Safety at Work Regulations 1999 All of these issues can have been easily rectified with minimal cost and effort; collectively they present a huge fire prevention and control risk. The impact to the business could be devastating in terms of stopped production, loss of revenue and building damage.

This is a managerial failing, as there is a lack of evidence supporting managerial checks, inspections and safety supervision. This is a breach by management of The Regulatory Reform (Fire Safety) Order 2005 which requires employers to assess the risk from fire and then take reasonable action to reduce the risk of fire starting and put into place procedures to ensure the safety of employees should a fire start. 2. Risk of fall from height- conference room / lecture theatre The general condition of the building is to an adequate standard and there is evidence of on going maintenance with contractors currently replacing the main building facia boards. Although these currents spend will enhance the exterior presentation of the building and will undoubtedly improve it weather protection. It is unfortunately that it cannot be said for the internal fabric of the build as a lack of expenditure has resulted in significant risks to employees and clients safety. The conference /lecture theatre has a mezzanine elevation with an unsafe safety rail; this is a result of poor maintenance and inspection. The rail has become extremely unstable and posses a significant fall from height hazard. Again this is failing in managerial procedures and indicates a lack commitment towards health and safety, a review of the management inspection regime and the implementation of a comprehensive reporting process should minimise any future risks. The lack of maintenance is dereliction of employer duty under the HASWA 1974 and posses a risk to the company, potentially prosecution as a fall could result of serious injury or death to workers and clients. The Workplace (Health, Safety and Welfare) Regulations 1992, the management of Health and Safety at Work Regulations 1999 and The Working at Height Regulations 2005 have also been breached. With minimal cost this mezzanine can be easily be repaired enabling the full use of the lecture theatre. 3. Pedestrian folk lift truck separation The business utilises just one Folk Lift Truck (FLT) this predominately works in both of the warehouse buildings and the vehicle manoeuvre park, occasionally it will transit on to the visitor’s car park to dispose of warehouse waste. The workers that use the FLT have attended the appropriate driver operator courses and are aware of the immediate hazards that are associated with working in and around the warehouse location. It would appear the workforce that work in the warehouse have been briefed on the dangers of pedestrian and FLT collision. Near misses in the warehouse have occurred in the past, the majority of the near misses have happened in similar locations in both warehouse. The roller shutter doors in both warehouses are used for both pedestrian and vehicle access this appears to be vulnerable position and the area of most near misses. Even though management have identified this risk and control measures have been put in place, a staff briefing no risk assessment would reflect this risk, nor have any physical safety measures have been put into place. The lack of risk assessment and physical protection measures are a breach of the employer’s duties, under the HASAWA 1974, as an employer should ensure a safe place of work using safe equipment for all employees. The identification of this hazard is not sufficient to protect the workforce from the risk of serious injury from collision with the FLT. A simple and cost effective control measure should be with the use of PPE, by ensuring all warehouse workers wear high visibility vests this will immediately increase situational awareness, if these items are not supplied it will be a breach of The Personal Protective Equipment Regulations 1992. Separation by clear floor markings and improved lighting in the less vulnerable areas will reduce the risks associated with the moving FLT, the high risk area next to the roller shutter doors will require physical barriers to ensure both pedestrian and FLT remain separated.

With the implementation of improved lighting floor markings will significantly reduce the likelihood of a serious injury, it will increase the productivity of the warehouse as the movement of the FLT will be able to move in a more efficiently. 4. Folk lift truck maintenance The companies FLT is a hire vehicle and is an essential for the day-to-day operations within the warehouse areas. Even though this is a hired vehicle the maintenance and reporting of damage is a managerial responsibility. The FLT is the workhorse of this organisation however is unsafe for use due to damage this is a failing of the organisation. On inspection it is clear that damage has not been reported and rectified. The operator’s seatbelt is frayed and the warning light is defective. Again this is a breach of the HASAWA 1974 as an employer should provide safe equipment. Workers are also in breach of legislation as they have a legal responsibility to inform their employer of any defects in safety equipment. It is a managerial responsibility that the company adheres to legislation and regulations. There is no evidence of maintenance records more importantly there are no documents to indicate that operators are conducting user checks. The failings identified are most certainly a breach of the Lifting Operations and Lifting Equipment Regulations 1998 (LOLER) The only documentation held are the driver / operators FLT qualifications and the leasing agreement. The immediate risk to operators is considerable as the frayed seatbelt is a serious injury waiting to happen. In this already high risk-working environment, the poorly functioning warning light posses an increased hazard to those operating the FLT and pedestrian workers. With the leased FLT being out of use this could pose a finical burden on the company, with the loss of production and an increased likelihood risk of manual handling related injuries to the workforce. This can be avoided with no cost to the company by adopting simple measures to ensure damages are identified, reported and repaired. 5. General house keeping and awareness The general house keeping with the company presents serious hazards, not just from slips, trips and falls they also present an increase in the likelihood of fire. The majority of these hazards have occurred from a lack of knowledge, understanding and training these risks are compounded by a lack of supervision and management. Without doubt a breach of management responsibilities under HASAWA 1974. The presence of asbestos is not necessarily a serious concern in all situations, however for several reasons, due to neglect the presence of asbestos has placed a significant risk to all who work or visitors to this company. The loss of a previous asbestos survey report has made the hazards present and is the condition of asbestos unknown. The evidence of damage to the identified asbestos places doubt on the amount of exposure that workers have been potentially exposed to. This is clearly a breach of The Control of Asbestos at Work Regulations 2002. The lack of available PPE is an issue within the warehouse, of great concern is the lack of training the workforce has received. Workers repairing hazardous substances in poorly ventilated areas whilst not wearing appropriate PPE is a series breach of regulations. This could have been avoided by the use of adequate control measures with supervision and management, again a breach of legislation The Personal Protective Equipment Regulations 1992. A small investment in terms of training and cost will enable the company to comply with the law. The lack of reporting faults and hazards within the workplace is of concern, with the lack of electrical testing, obvious hazards such as the sides of computers missing and overloading of sockets. These are simple fixes with awareness training and very minimal cost, compliance will ensure there are no further breaches of The Electricity at Work Regulations 1989. Poor control of control of substances hazardous to health, this is evident with the lack of training for the workforce, poor storage and no supporting documentation. Specific COSHH training including the correct use of PPE is essential, the procurement of a new storage cabinet and the repair of existing

articles will ensure compliance with regulations. The lack of management and supervision is a clear breach of the Control of Substances Hazardous to Health 2002 (COSHH) and The Personal Protective Equipment Regulations 1992 6. General risk management and development There is no doubt that Festival Supplies & Training Solutions has been a well managed company from a business point of view, however the vast number of the hazards present indicate that the management of health and safety has been at best been neglected or potentially ignored. Issues, such as those previously mentioned, indicate that management and supervision is a concern this is further supported by other observations such as a lack of daily check and poor maintenance of the fork lift truck which would be seen as a breach of the LOLER 1998, the failure to provide adequate PPE for various activities such as battery maintenance, a breach of The Personal Protective Equipment Regulations 1992 and the lack of action taken for the damage to asbestos containing material which would be a breach of The Control of Asbestos at Work Regulations 2002. The biggest concern is the lack of documentation and the lack of any form of recording of safety critical data. There is no information on the basics such as electrical inspections (PAT), fire logs, COSHH safety data sheets, near misses etc. The health and safety file containing risk assessments is several years out of date and in several cases no longer reflects the companies working practices, clearly a breach of the HASAWA 1974. More recently effort has been made by updating the company’s health and safety policy and health and safety noticeboard. Further work is required on documentation and the need to get outside health and safety professional assistance will be necessary. Re-training will be needed for the entire workforce, additional training will be needed with the management to prevent any future breaches of health and safety legislation and the associated regulations. Conclusions: As already mentioned the company has been managed well in terms of a business. Unfortunately heath and safety has taken a back seat with several serious breaches of legislation. With minimal training, the purchase of health and safety resources and the full commitment from management, Festival Supplies & Training Solutions will become compliant with the law and will become a safer and more efficient organisation. Recommendations – include as a table in the following format: Recommendation Fire protection and fire precautions needed to be overhauled and developed. Clear obstructions. Repair fire safety equipment. Produce a fire log.

Repair of the conference room safety rail. Managerial checks and inspections.

Likely resource implications Risk of prosecution as there is a breach in fire regulations. Therefore its imperative that urgent action is taken to rectify numerous fire safety issues. Fire safety contractors will be required to repair the damaged fire safety equipment. Cost £300 - £500.

Priority High This should be carried out first out of all recommendations.

Responsible: Sales manager. Fire contractors 1 month, from date reported

Immediate action is required by the workforce to make safe the obstructed fire escape. This will involve either replacement parts or professional repair. Cost £50 - £80.

Target date Clear the fire obstruction 1-2 days from date reported.

High this action is to be carried out as soon as possible. The upper viewing area is not be used

Responsible: MD & Sales manager. Repair, 1 week from date reported. Responsible: Sales manager.

The development of safe working areas within both warehouses. Improve separation purchase and install barriers. Purchase and improve internal floor markings, signage and lighting. FLT driver and warehouse worker safety training. Repair of the Folk Lift Truck. Operator revision training on the FLT. Managerial checks to be implemented.

The management of the health & safety systems within the workplace is in need of review and developed. The requirement for workplace inspections, safety tours and regular H&S committee meetings. An asbestos survey is required to be conducted by asbestos professionals. The production of a health and safety file.

This will involve the use of contractors to fit and install pedestrian barriers; they will also be required to paint on the floor markings. Cost of barriers £2000 - £3000. Whilst waiting for contractors to produce and install barriers, internal action can be implemented, this should incorporate, replace signage, updated risk assessments and worker awareness training. Cost of signs £50. This is a leased FLT vehicle, a leasing responsibility. No cost. Cost to business of the FLT being off the road.

until this repair is completed. High as there is a significant risk of major injury and collision, on discussion with the workforce near misses have occurred in the past.

High As this possess a significant risk to the operators and workforce.

It is evident the FLT operators are not conducting operator checks. There is no evidence of managerial checks on operators. This will involve the use of an H&S professional. This should incorporate managerial H&S training, workers awareness training. A review and development of all of the H&S documentation. This will have an anticipated cost of £1000 £2000.

This will involve the employment of asbestos professionals to conduct a site asbestos survey. They should implement new control measures on managing the current asbestos risk. Cost of the survey £500 £1000.

Improvement of good house keeping throughout the organisation.

Many of the observations are very quick fixes and will take minimal time, effort and financial cost. Cost