From windscreens to carpet - IIRSM

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March/April 2018 ROAD SAFETY Hazards of roadworks KEEPING AHEAD OF THE GAME Membership restructure INTERVIEW Judge Barry Cotter www.iirsm.org IN THIS ISSUE From windscreens to carpet How Interface is reducing its carbon footprint

Transcript of From windscreens to carpet - IIRSM

Page 1: From windscreens to carpet - IIRSM

March/April 2018

ROAD SAFETYHazards of roadworks

KEEPING AHEAD OF THE GAME

Membership restructure

INTERVIEWJudge Barry Cotter

www.iirsm.org

IN THIS ISSUE

From windscreens to carpetHow Interface is reducing its carbon footprint

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CHIEF EXECUTIVE Phillip Pearson

DIRECTOR OF MEMBERSHIP AND COMMUNICATIONSClare Fleming

MANAGING EDITOR Louis Wustemann EDITOR Kellie [email protected]

DESIGNER Jo Jamieson

ADDRESSIIRSM, No 1 Farrier's Yard, 77-85 Fulham Palace Road, London W6 8JA, UK Tel +44 (0)20 8741 9100 Fax +44 (0)20 8741 1349Website www.iirsm.orgEmail [email protected]

Registered in England and WalesCharity No 1107666Company No 5310696

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© Reed Elsevier (UK) Limited 2018

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This publication is intended to be a general guide and cannot be a substitute for professional advice. Neither the authors nor the publisher accept any responsibility for loss occasioned to any person acting or refraining from acting as a result of material contained in this publication.

Reproduction, copying or extracting by any means of the whole or part of this publication must not be undertaken without the written permission of the publishers.

ISSN 1746-1359

Reproduction, copying or extracting by any means of the whole or part of this publication must not be undertaken without the written permission of the publishers.

This publication is intended to be a general guide and cannot be a substitute for professional advice. Neither the authors nor the publisher accept any responsibility for loss occasioned to any person acting or refraining from acting as a result of material contained in this publication.

Cover: © IStockphoto/Ricpe

© 2018 IIRSM.

March/April 2018

ROAD SAFETYHazards of roadworks

KEEPING AHEAD OF THE GAME

Membership restructure

INTERVIEWJudge Barry Cotter

www.iirsm.org

IN THIS ISSUE

From windscreens to carpetHow Interface is reducing its carbon footprint

March/April 2018 | www.iirsm.org2

Risk appetite and futureproofing

W elcome to your Spring edition of Insight. The world of risk management moves at a fast pace, and the Institute endeavours to respond to that. Our members have historically worked in health and safety, but through

the introduction of the specialist grade, we have seen an increase in those working in other risk-related disciplines and different business functions choosing to join IIRSM. Therefore we are changing the way our membership is structured. Sophie Williams, IIRSM’s Director of Professional Development, explains how we’re becoming more accessible, inclusive and ‘fit for purpose’ to meet the changing needs of our current and future membership on page 18.

This month’s cover feature looks at how one global manufacturer’s bold vision enabled it to become the vanguard of corporate sustainability, frequently using its initiatives and performance to promote the business case for change. Turn to page eight for more.

How organisations react to risk and opportunity is directly linked to an organisation’s sustainability, culture and the health and wellbeing of the workforce as a whole. We are currently undertaking a survey of risk appetite, with the aim of exploring a wide range of personal, team and organisational characteristics. Your responses are anonymous, but it is important that you answer them honestly. The results will be presented at IIRSM’s conference in London on 24 May 2018, and will be published in a future edition of Insight. They will also form part of a new training course being developed by us to help individuals and organisations deal with uncertainty in a changing world. At the end of the survey you will have the option to register your interest in receiving further information about this course. There are 40 multiple choice questions and the survey will take 5–10 minutes to complete. You’ll find the survey at www.surveymonkey.co.uk/r/LP2876K. Your help is greatly appreciated.

Phillip Pearson | IIRSM Chief Executive [email protected]

NEWS 4

Carphone Warehouse fined £400,000 over data breach

INTERNATIONAL NEWS 6

European Parliament in crucial vote on future of renewables

FEATURES

CLIMATE CHANGE 8

A global carpet manufacturer’s sustainaibility goals

ROAD SAFETY 12

Why we are all responsible for the hazards and risks of roadworks

Q&AS 16

Your queries from our technical helpdesk

INSTITUTE NEWS 18

Changes to IIRSM’s membership structure; AGM report;

new Fellows; forthcoming events

INTERVIEW 22

Judge Barry Cotter on the risks employers should be focusing onCON

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GLOBAL NEWSMANAGEMENT STANDARDS

ISO 45001 to be launched this MarchThe International Standards Organisation has announced that ISO 45001 will be launched on 15 March 2018.

The new health and safety management standard will replace the existing OHSAS 18001, which will be withdrawn after its publication.

“IIRSM has been supporting the development of ISO 45001 and believes the new standard will make a significant contribution to improved health and safety performance around the world”

The upcoming standard will follow in the footsteps of ISO’s other management systems approaches, such as ISO 14001 (environment) and ISO 9001 (quality). It will also take into account other international standards in this area including OHSAS 18001, ILO-OSH guidelines, various national standards and the International Labour Organization’s (ILO) standards and conventions.

The process of developing the standard included seeking input from more than 75 countries. IIRSM has been supporting the development of ISO 45001 through contributions by two Council members, Dr Su Wang and Paul Simpson to HS/1,

BSI’s mirror committee for the ISO Project committee, PC 283.

“IIRSM believes an ISO standard for occupational health and safety

management will make a significant contribution to improved health and safety performance around the world,” Paul Simpson told Insight. “The approval

vote from the 59 countries participating in development of ISO 45001 confirms its status and should lead to strong uptake of the standard globally.

“The standard covers requirements for a management system where the organisation considers risks arising out of its context and then requires the organisation leaders to establish and monitor a system to manage all occupational health and

safety risks arising.”David Smith, Chair of ISO/PC 283, the

project committee developing the standard, said that alignment of ISO 45001 to the suite of ISO

management system standards will come as a welcome addition. “We now have an International

Standard for OH&S, aligned with other business standards such as ISO 9001, ISO 14001 and ISO/IEC 27001, that helps organisations manage this key risk as part of their business processes.

“ISO 45001 is a significant improvement on OHSAS 18001, which has established that standardization using the risk-based approach works across the world and business sectors,” he added. “Effective application of ISO 45001 will reduce the risk of harm in the workplace.”

There will be a three-year transition period for registrants.

IIRSM supported the development of the new management standard

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UK NEWS

ENVIRONMENT

Theresa May proposes plastic-free supermarket aisles in green strategy

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The British PM pledged to eliminate all avoidable plastic waste in the UK by the end of 2042

Read the strategy at www.gov.uk/government/news/prime-minister-launches-25-year-environment-plan

● Research into plastic innovations will receive a £7 billion boost

The UK Prime Minister has announced a war on plastic waste, with proposed policies including plastics-free aisles in supermarkets and a tax on takeaway containers.

Theresa May set out her ambition to eliminate all avoidable plastic waste within 25 years in a speech in which she promised the UK would lead internationally on environmental issues.

“In years to come, I think people will be shocked at how today we allow so much plastic to be produced needlessly”

May outlined how research into innovative plastic solutions will receive funding from the government’s £7

billion research and development budget; while Britain will also provide more aid to help developing nations tackle plastic waste.

Other proposals include: ● creating 500,000 hectares of new

habitat for endangered species and providing £5.7 million for a new northern forest

● investigating the feasibility of an anti-poaching taskforce to tackle illegal wildlife trade

● consulting on a new environmental watchdog to hold the government to account after Brexit, and setting out a new approach to agriculture and fisheries management.

“In years to come, I think people will be shocked at how today we allow so much plastic to be produced needlessly,” May added. “The UK will demonstrate global leadership and take action at every stage of the production and consumption of plastic.”

However, while the plan has been broadly welcomed by environmental groups, it has also drawn criticism. Environmental groups criticised the lack of proposed legislation and the lengthy timescales for dealing with problems in the new strategy.

DATA PROTECTION

Carphone Warehouse fined £400,000 over data breachDixons Carphone subsidiary Carphone Warehouse has been fined a joint-record £400,000 by the UK’s data watchdog, after “rudimentary” security failures allowed hackers to access the personal data of more than three million customers in 2015.

The Information Commissioner’s Office (ICO) said it had found “multiple inadequacies” in Carphone’s security processes, including basic failures such as using old software and failing to carry out routine security testing.

Intruders were able to access personal information including the names, addresses, phone numbers, dates of birth, marital status and, in more than 18,000 cases, historical payment card details of Carphone Warehouse customers.

The £400,000 fine matches the penalty levied against telecoms group TalkTalk for another data breach in 2015.

Pressure is growing on large companies to improve their security systems in the wake of multiple high-

profile data breaches. On 25 May new EU regulations will come into force that threaten companies with significantly larger fines – worth up to 4% of annual global turnover – if they are found to have broken security rules. See the November/December 2017 issue of Insight for a detailed article.

Carphone Warehouse used old software and failed to carry out routine testing

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UK NEWS

SAFETY

Contractors fined £1.1m for CDM breaches over 5.5m walkway fall

● Tenant fractured her pelvis in five places

Two construction firms have been fined after a tenant suffered serious injuries when she fell through a fragile surface.

Southwark Crown Court heard how the tenant was injured when, walking to her flat, she fell 5.5 metres through a fragile cement sheet to the balcony walkway below. She fractured her pelvis in five places.

The balcony walkway was the tenant’s sole access to and from her flat and, although construction workers had been working on it for the previous four days, the tenant had not been informed of the work; neither were there physical barriers in place to prevent her from stepping into the balcony walkway.

An investigation by the HSE into the June 2015 incident found that Engie Regeneration (Apollo) was undertaking refurbishment works at the Du Cane Estate in the London Borough of Hammersmith and Fulham, including replacement of top floor balcony walkways throughout the estate.

Engie appointed Superior Roofing & Building Services to replace the balconies and it started this work in June 2014. In August 2014, it came to both companies’ attention that the balcony replacement work involved exposing, and then working around, a fragile surface, when operatives partially fell through the cement soffit within the balcony. It was only after the incident in 2015 that the companies put steps in place to protect workers and members of the public from falling from height.

Engie was found to have failed to plan, manage, monitor, and coordinate the balcony refurbishment works to ensure the work was carried out without putting workers and the public at risk.

The HSE also found that Superior had failed to ensure the balcony replacement works were properly planned.

Engie Regeneration pleaded guilty to breaching Regulation 22(1)(a) of the Construction (Design and Management) Regulations and Regulation 13(1) of the Construction (Design and Management) Regulations. It was fined £800,000 and ordered to pay costs of £17,518.

“This incident could easily have been avoided if the companies had ensured that workers and members of the public were protected”

Superior Roofing & Building Services pleaded guilty to breaching Regulations 4(1)(a) and 4(1)(c) of the Work at Height Regulations. It was fined £300,000 and ordered to pay costs of £11,693.

HSE inspector Sharon Boyd said after the case: “This incident could easily have been avoided if the companies had ensured that workers and members of the public were protected. Companies should be aware that they are at risk of being prosecuted by the HSE if they do not do what is reasonable to protect people.”

The remedial refurbishment works at the Ducane Estate in Du Cane Road, London W12, included the replacement of the top floor balcony walkways throughout the estate

HUMAN RESOURCES

Gender pay gap reporting duty imminent

● Just 821 organisations have published their data so far

Private sector employers with 250 or more employees must publish statutory calculations showing how large the pay gap is between their male and female employees by 4 April 2018 or by 30 March 2018 for public sector employers.

The Equality Act 2010 (Gender Pay Gap Information) Regulations 2017 (SI 2017/172) sets out the details of the gender pay gap reporting duty for private- and voluntary-sector employers. Under the Regulations, employers are required to publish:

● the difference in mean pay between male and female employees;

● the difference in median pay between male and female employees;

● the difference in mean bonus pay between male and female employees;

● the difference in median bonus pay between male and female employees;

● the proportions of male and female employees who were paid bonus pay; and

● the proportions of male and female employees in each quartile of their pay distribution.

Meanwhile, our sister publication Health and Safety at Work has revealed that the average hourly rate for female staff at the UK’s safety regulator, the HSE, is 22.9% lower than that of their male colleagues.

The HSE’s data show how the unequal distribution of roles held by men and women at the regulator led to a relatively wide pay gap.

Women only hold 27.3% of jobs that make up the top quarter of the HSE’s payroll; on the other hand, they fill 66.9% of roles in the bottom pay quartile.

On 6 February 2018, just 821 organisations had made their submissions, though around 9,000 will be subject to the new rules.

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INTERNATIONAL NEWS

GLOBAL

Pollution linked to one in six deaths worldwide

Pollution has been linked to an estimated nine million deaths in 2015 – equivalent to one-sixth of all

fatalities that year, according to a report published in The Lancet.

Air pollution is by far the largest contributor to early death, according to the new research produced by The Lancet Commission on Pollution and Health. This form of pollution is linked to 6.5 million fatalities in 2015.

Water pollution, responsible for 1.8 million deaths, and workplace-related pollution, which led to 0.8 million deaths, pose the next largest risks, the report noted.

The data came from The World Health Organization and The Institute for Health Metrics and Evaluation, which is based at Seattle’s University of Washington and is funded by the Gates Foundation. Data is collected by satellites and other monitoring technologies, which, due to increasing sophistication, provide more information today than in the past.

CHINA

Site manager jailed over scaffold collapse

A construction project manager has lost his appeal against a three and a half year

sentence following a criminal negligence conviction after a scaffolding collapse left four workers dead on Christmas Eve 2009.

Vadim Kazenelson, 40, was found guilty in 2015 of four counts of criminal negligence causing death and one count of criminal negligence causing bodily harm. Five of his workers were not wearing safety harnesses to repair balconies at a Toronto apartment building, but he still allowed them to board a swing stage 13 storeys high. It collapsed, causing the men to plummet to the ground. Kazenelson managed to hold onto the 13th-floor balcony when the swing stage split in two.

COLOMBIA

Workers die in motorway bridge collapse

At least ten people have been killed after one of the world’s highest motorway bridges collapsed near Bogota, the Colombian capital.The 446 metre-long Chirajara bridge was close to the final stages of

construction when its central section appeared to snap without warning, crashing into the valley 280m below.

Construction officials said not many workers were on the bridge at the time of the collapse as staff were receiving a safety briefing.

The bridge is part of a programme to improve the route leading from Bogotá to the eastern plains by turning parts of it into a dual carriageway. The planned works include the construction of 18 new tunnels and 42 bridges and viaducts as well as new lighting and CCTV cameras.

The existing, winding, narrow road faces frequent closures with lorries supplying the capital with produce often breaking down, blocking traffic.

The company tasked with the works is Coviandes, a firm which is majority-owned by a Colombian investment corporation.

Coviandes issued a statement saying it would do everything it could to help the families of the workers who died or were injured in the collapse.

EUROPE

Revealed: the longest working weeks in the EU

On average, a full-time employee in the EU works 40.3

hours per week, according to the Irish Independent.

Research shows that full-time employees in the UK spend the highest number of hours per week at their main job (42.3 hours), a full two hours more per week than the EU average.

Employees in the UK are followed by those working in Cyprus (41.7 hours per week), Austria (41.4 hours), Greece (41.2hours), and Poland and Portugal, where employees in both countries work an average of 41.1 hours per week.

Irish employees find themselves at the lower half of the scale, with employees here working an average of 39.1 hours per week, just below the EU average.

FIJI

Sexual harassment in workplaces ‘a prevalent issue’

One in five Fijian women experienced sexual harassment in the workplace in 2016 compared

to one in three women in 2002.According to the Fiji Women’s Rights Movement annual report between June 2016 to June 201, while progress has been made over the last decade, with sexual harassment policies in the workplace made mandatory by the Fiji Employment

40.3average number of hours worked per

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INTERNATIONAL NEWS

Regulations Act (2007) and decreased incidences, it still remained a prevalent issue.

“More awareness is needed on having workplace sexual harassment policies and avenues of redress. The 2016 research found that the highest incidences of sexual harassment in the workplace occurred in the Food, Beverage and Hospitality sector,” the report stated.

The Sexual Harassment in the Workplace in Fiji 2016 study prompted FWRM to start an awareness campaign titled, ‘Not OK! Stop Sexual Harassment’.

There were 92 organisations targeted for awareness on the campaign and information was also disseminated through social media platforms.

GLOBAL

Rana Plaza settlementGlobal unions have reached a US$2.3 million settlement with a multinational brand under the

Bangladesh Accord – one of the largest payments made by a brand to remedy workplace dangers in its supply chain.

The brand, which cannot be named under the terms of the settlement, has agreed to pay $2 million towards remediation of more than 150 garment factories in Bangladesh.

The Accord was established in the wake of the Rana Plaza building collapse that led to the death of more than 1,100 people and injured more than 2,000.

CHINA

Suicide at iPhone factory reignites concerns over working conditions

US-based Chinese workers’ rights organisation has claimed that a factory worker at a firm that

produces Apple’s iPhones in China, died after jumping from a building recently.

China Labor Watch (CLW) said that Li Ming, 31, jumped to his death from a building in the city of Zhengzhou, in the east-central Chinese Henan province,

EUROPE

European Parliament in crucial vote on future of renewables

Members of the European Parliament have given a resounding vote in favour of renewables in Europe.MEPs called for a renewable energy target of 35% for 2030 – rather than the

27% which the European Commission proposed in 2016.The Parliament also voted for Member States to submit their national energy

and climate action plans by 1 June 2019 and that these should show how they intend to contribute to the collective European target. The Parliament also voted for Member States to give five years’ visibility up front on their public support for renewables.

1in5Fijian women suffer sexual harassment

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where he had been working for Foxconn.The death has triggered comparisons

with a wave of suicides in 2010 and 2011 at Foxconn factories in China

amid concerns over working conditions.

GLOBAL

ITUC announces International

Workers’ Memorial Day theme

The International Trade Union Confederation (ITUC) has announced its worldwide theme

for International Workers’ Memorial Day, on 28 April 2018.

The ‘Organised workplaces are safer workplaces’ theme echoes the UK and ETUC themes announced earlier, with ITUC saying variants on the tagline could include ‘Unions make workplaces safer and healthier’ and ‘Union organisation saves lives’.

More information is available at http://28april.org

AUSTRALIA

Truck drivers ‘should get electric shocks’

The roads minister for New South Wales has been criticised after suggesting truck drivers could be

zapped with electric shocksif they look away from the windscreen, after it was revealed the region has seen a 45% increase in heavy vehicle fatalities over the past year.

“The technology is now so advanced, a driver can be driving and get an electric shock if they look away from the windscreen for more than two seconds,” Melinda Pavey said on ABC radio.

She was discussing automated driving technology after five people died in truck-related crashes across the state in just 24 hours, but the Transport Workers Union slammed her “offensive” suggestion as “heartless, arrogant and completely incompetent”, stating that drivers put under unreasonable pressure to make deadlines.

Last year, Macquarie University found 80% of truck drivers worked more than 50 hours a week, while 10% did more than 80 hours each week.

MEPs called for a renewable energy target of 35%

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CLIMATE CHANGE

Climate change

Turning broken windscreens into carpet tiles is just one way global flooring firm Interface is reducing its carbon footprint

Smashing sustainability

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CLIMATE CHANGE

“D oing no harm is not enough” is one of the central tenets of global carpet tile manufacturer Interface’s latest sustainability programme Climate

Take Back. The initiative builds on and extends the firm’s existing Mission Zero vision, but aims to move on from looking at how to limit the damage caused by climate change and “start thinking about how to create a climate fit for life”.

A core element of the new agenda is “Love carbon”, a phrase that may seem counter-intuitive to a generation of environmental professionals more used to talking about cutting carbon or going carbon neutral. But Jay Gould, Interface’s president and CEO, recently told an audience at Bloomberg’s Third Sustainable Business Summit in New York that the language used in Climate Take Back is “deliberately” provocative. “Carbon is other people’s waste. We have to think about carbon as a resource, not as an enemy,” he said, and he further urged businesses to think about shifting from the old industrial model of “take, make, waste” to a new framework of “waste, make, retake”.

Early adopterInterface, which was established in 1973 and employs 3,500 people globally, has a long history as a sustainability leader. As early as 1994, its founding CEO Ray Anderson had the foresight to set up Mission Zero, promising to be the “first company that, by its deeds, shows the entire industrial world what sustainability is in all its dimensions: people, process, product, place and profits – by 2020 – and in doing so we will become restorative through the power of influence.”

This mission evolved into a distinct set of goals to “eliminate any negative impact Interface has on the environment by 2020.” While this remains an impressive objective by most organisations’ current standards, at the time it was a commitment that was cutting edge in its breadth and scale.

As the firm approaches the 2020 target, it is well on the way to achieving many of its Mission Zero commitments. Latest figures for 2016 show:

● the average carbon footprint of carpet is down 35% since 2008;

● energy efficiency at manufacturing sites has improved by 43% since 1996;

● 87% of energy used at manufacturing sites is from renewable sources;

● GHG emissions intensity at manufacturing sites is down 95% since 1996;

● 58% of raw materials used to make carpet are either recycled or biobased;

● total water intake intensity at manufacturing sites is down 86% since 1996; and

● the total accident frequency rate is down 77% from 1999.

Since the launch of Mission Zero Interface has remained in the vanguard of corporate sustainability, frequently using its initiatives and performance

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Climate change

EMPOWERING COMMUNITIESInterface and the Zoological Society of London (ZSL) set up Net-Works in 2012 to “empower people” in coastal communities in developing countries to collect and sell discarded nylon fishing nets. The project removes these nets from the oceans, where they harm marine life, and puts them into a global supply chain where they are recycled into yarn to make carpet tiles.

The project, which began in the Philippines and expanded to Cameroon in 2015, helps Interface source material that meets its Mission Zero goal to use 100% recycled material for its tiles. For ZSL, the main impetus is to develop a new model of community-based conservation that breaks the cycle of donor dependency.

Local communities collect, aggregate and clean the nets, which are then sold through Net-Works. They are baled using a mechanical baler that uses no electricity and the nets are shipped to Aquafil, which uses a depolymerisation process to turn nets and other waste material into 100% recycled carpet yarn.

A key element of the initiative is local community banks run by community members. These provide local access to finance and help people save money. Since 2012, Net-Works has been established in 36 communities in the Philippines and Cameroon and 142 metric tons of waste nets have been collected for recycling. Sixty-six banks have been set up, with women making up two-thirds of members, and 1,500 families have been given access to finance.

More information is available at www.net-works.com

to promote the business case for change. The company spends a surprising 20 to 25% of its operating income on sustainability initiatives, which, is something almost unheard of in most other firms.

Gould told the Bloomberg summit that, in his view, performance and purpose are symbiotic. He explained to the audience: “We have to perform along the way – it’s really dangerous to say, ‘I’m not going deliver in the top quartile financial performance because I’m purpose-driven or focused on sustainability.”

He particularly highlighted the value of board vision and commitment, noting: “It’s kind of cool to have really crazy, ambitious goals… but give yourself a timeframe that makes sense.” He added that he was “fortunate to work with a board of directors that is willing to entertain a conversation about a 20 or 30 year time horizon”.

With evidence increasingly showing that to attract and retain the best talent, companies need to inspire and engage employees, the way in which a company does business is important. According to a 2017 survey by PwC, 70% of respondents globally say they want to work for an organisation with a “powerful social conscience”, up from 65% in 2014.

Interface stresses its “unmistakable” culture. When Gould was asked what his labour pool

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CLIMATE CHANGE

Factory as forestInterface believes industry now needs to work with nature, rather than against it and to create “new business models to drive positive change”. It cites as an example the transformative power of its Net-Works initiative (see box), which sources new waste material for carpet tiles from discarded fishing nets.

The “Let nature cool” pillar is based on the belief that “nature has the power to regulate the climate, but only if humanity doesn’t get in the way”. Interface takes the stance that “we’re interfering with the earth’s regulation systems by polluting our air with excess carbon and undermining life’s ability to regulate the climate. We need to change our business practices and allow nature to do its job: cool.”

To this end, the company is exploring new practices that allow its factories “to run like ecosystems”, including a pilot programme known as “Factory as a forest, which aims to find ways to “go beyond doing less harm and actively do more good”. In this vein, Interface is also highlighting innovations from other companies such as Urchinomics, which is turning sea urchins – whose grazing destroys kelp forests, an important carbon sink – into food, thereby helping to preserve kelp forests; and BioCarbon Engineering, a UK-based company transforming how tree seeds are planted by using drones to dispense seed pods across large areas.

Start with optimismResearch carried out for Climate Take Back found that some of the biggest barriers to change are attitudes and expectations. When Interface asked climate experts “What would make Climate Take Back impossible? 34% said it was a “business as usual” mentality. They talked about “policy markets caught by the tragedy of the horizons” and “complacency and continuation of the business as usual lifestyle”.

Another, perhaps more unexpected barrier, was identified by 15% of experts: “We will never take back the climate unless we believe we can”. Comments included: “not believing it is possible”, “focusing on the negatives” and “people not being inspired to make changes”. The research showed that emerging business leaders (aged 18 to 35) are particularly disappointed with existing action on climate change, with more than half (52%) saying they wanted to see raised ambition levels within organisations and one in five (19%) mentioning developing “new ways of doing business”.

Interface knows it does not alone have the means to reverse the effects of climate change. But it believes its role in encouraging others to go beyond traditional thinking is critical, which is where the fourth pillar comes in. So the firm is challenging every business to get involved in Climate Take Back. “Start with optimism,” says Gould. “That we can in fact reverse the impact of global warming by bringing carbon from the atmosphere and sequestering it into our products and back into the earth.”

looks like, he described the majority as “very passionate” about sustainability. “It is the DNA of the company... We have a group of people who really want to make a difference,” he told the Bloomberg summit. Likewise, when Interface asked employees for their thoughts on the company, they saw it as unique not only because of the professional challenges and its international character but also because of Mission Zero.

Carbon love-inInterface is optimistic that the “right mindset and the right plan” can create a climate fit for life and that one of biggest barriers to change “is our inability to imagine how we get there”. With this in mind, Climate Take Back outlines a framework based around four key areas:

● Live zero – continuing efforts towards having no negative impact on the earth, Interface plans to take only what can be replaced.

● Love carbon – start using carbon as a resource. Interface plans to have products that capture carbon and processes that sequester carbon.

● Let nature cool – support our biosphere’s ability to regulate the climate. Interface plans to convert its facilities “to act like positive members of their local bio-economies”.

● Lead industrial re-revolution – transform industry into a force for climate progress. Interface plans to continue to show that doing the right thing creates superior value.

As part of the “Love carbon” pillar, Interface is currently exploring raw materials that use waste carbon or sequester carbon to make products. “The aim is to prove to ourselves and others that carbon negativity is actually achievable,” explains John Bradford, chief science and technology officer. “It caused us to start to actually look for and find materials that have a negative carbon footprint.”

The firm is already developing a carbon negative prototype carpet tile that it believes is “proof positive” of the potential of this approach. Interface claims that “through the use of plant-derived carbon and creating closed loops for the materials’ reuse and recycling, this prototype locks in carbon to the extent that this tile stores more carbon than it emits during its production”.

Interface recognises that changing its relationship to carbon is not something it can do on its own and is constantly monitoring new techniques and taking inspiration from other innovators. These include Carbon8, which has developed a process that combines atmospheric CO2 and thermal waste to create a carbon-negative aggregate used for construction materials.©

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ROAD SAFETY

Road safety

The hazards and risks of traffic management and roadworks

A shared responsibility

B ritain’s roads are some of the busiest in the world. They are also some of the safest. In terms of overall road safety, current national figures show casualties are at their lowest

level in more than 40 years. But 24,610 people were still killed or seriously injured in the year ending March 2016, up by 2% from the previous year, and some of them were just doing their job – improving our highways.

The purpose of traffic management during roadworks is to delineate the live traffic from the works area, by providing information and an easily identifiable passage past the works while maintaining a safety zone between the traffic and the work zone.

Temporary traffic management on high speed and high traffic volume roads is a hazardous activity. The selection of the actual method of work should be made by careful planning that reflects the risks and site specific circumstances of the planned work, while giving regard to the needs and types of valuable road users such as the elderly, children and parents with buggies plus the disabled, all who may be adversely affected by the works.

In urban situations, the needs of vulnerable road users can be varied as you interact with a greater number of non-motorised road users. There has also been a large increase in cyclists as the roads become more congested for commuters.

Mark Smith FIIRSM

SHEQ Manager at FM Conway

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ROAD SAFETY

The hazards and risks of traffic management and roadworks

A shared responsibility

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Though there has been a strong move away from putting operatives at risk by reducing the amount of time workers spend on the carriageway, the deployment and removal of temporary traffic management arrangements usually necessitates the presence of stationary/slow-moving vehicles and/or members of the workforce on the carriageway, and this creates a potential point of conflict with high speed traffic.

PlanningIn today’s traffic conditions, the live carriageway of any highway could be a deadly place to work without proper planning and control measures in place. Just

last December South West Highways was convicted of safety failings following the death of a 48 year old worker who was struck by a vehicle. And a division of major contractor Kier, the UK’s third largest construction business, was fined £1.8 million at the end of 2017 after a worker was fatally struck while working on roadworks near Lidgate in Suffolk.Working on the highways can be a dangerous occupation and we are dependent on a highly trained workforce with the appropriate risk controls being in place to protect them and the public from harm.

Those whose job it is to lay asphalt, repair pot holes or carry out maintenance on the roads experience high risk situations every day.

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In today’s traffic conditions, the live carriageway of any highway could be a deadly place to work without proper planning and control measures in place. Working on the roads can be a dangerous occupation and we are dependent on a highly trained workforce with the appropriate risk controls being in place to protect them and the public from harm.

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TRAFFIC COUNTSRoad use has grown dramatically since the 1950s, this has been driven by individuals travelling further on average by road. However, over the last two decades the rate of car traffic growth has decreased.

For an average person, car use fell throughout the 2000s, but this was partially offset by an increase in population using the roads. Recent trends show a resumption of traffic growth after the recession. Growth has been strongest on the Strategic Road Network (SRN) and for van traffic across all roads. Britain’s roads were at their busiest ever in 2015.

Figures released by the Department for Transport (DfT) show that vehicles travelled 317.8 billon miles on British roads in 2015, edging past the previous record from 2007. Traffic grew by 2.2% over the year, with vans accounting for most of the growth. The growing coverage of online shopping and home delivery appears to have brought a surge in light goods vehicles on to the road, up 6% in a year and 10% on rural roads. The data showed that 72% more vans were on the roads than in 1995.

Congestion has reduced average speeds, with vehicles on local A-roads in the morning peak averaging 23.4mph across the country, and just 15mph on London A-roads. The DfT said the higher traffic reflected growth in the UK economy, while lower fuel prices may also have contributed.

Source: Department for Transport

Mark Smith FIIRSM, a SHEQ Manager at infrastructure services company FM Conway, is a passionate advocate of promoting safety measures to improve the safety of our roadworkers. Here he offers some suggestions.

Approach to worker safetyThe planning of roadwork operations should consider a number of points:

● Elimination Seek to eliminate the potential risks and conflicts. However, it is clearly not possible to control the reactions of the public to roadworks, diversions and possible delays, we should seek to reduce and control the risks.

● Reduction and control Working on busy, often densely populated areas requires a lot of planning and investment in the type and methods of providing traffic management on the UK’s roads. The number of roadwork zone activities and road infrastructure repairs are on the increase and are further complicated by night work to reduce the impact on daytime traffic congestion. Further complexity and confusion is added due to poor lighting and visual clutter, growing traffic volumes, inclement weather, narrow lanes and pedestrian workers operating close to moving vehicles. Technology such as temporary signage, road markings and average speed control have all helped to reduce these risks. Advancements such as optimising construction zones before they’re created, and improving communication and equipment functionality, is what the future of road construction safety hinges on.

● Control measures Traffic management consists of closures of roads

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and lanes, mobile lane closures, cones, signs and barriers, and site workers’ high visibility clothing. Traffic management systems are designed to protect both site workers and road users.

● Air lock systems Air lock systems utilise a double closure including gate marshals to minimise the chance of unauthorised incursions. On the drawing of traffic management arrangements below the green section of road is barriered off at both ends and provides a safety buffer zone, known as an air-lock. The purpose of this air-lock is to provide additional line of defence to prevent unauthorised incursions.

● Conflict management Conflict and anger management training has been delivered to our traffic management operatives to help diffuse heated and difficult situations. A one day training course based on managing difficult situations involving angry members of the public or residents has been designed to give our operatives the skills to diffuse conflict before it escalates.

● Health and wellbeing of operatives To work on the highways it is essential that the operatives are fit and able to perform their jobs safely. For this reason it is paramount that the health of the traffic management crews are assessed through safety critical medicals and ongoing health surveillance. Essential areas of health for the crews include hearing, eyesight and other issues such as blood pressure and neurological illnesses and fatigue to operatives who, in the past, have tended to work double shifts. Health concerns including those caused by dust and silica, noise and vibration, stress, depression and fatigue, skin and respiratory sensitisers and musculoskeletal injuries should all be on the agenda.

● Body cameras The industry also makes use of CCTV for operatives and filming of the work sites, from near misses reported or physical and verbal abuse. A study of roadworkers revealed that 80% have been physically or verbally abused by motorists, and 40%are abused on either a daily or weekly basis. Companies are actively encouraging their traffic management department to pursue legal action and assist the police in bringing law breakers to justice and sharing the news with the wider traffic management arena.

Raising standardsIn a time of rapid change, we must commit to raising the standards of occupational health and behavioural safety, improving driver awareness of roadworks through better education, and more effectively communicate knowledge of innovation. Now, more than ever there is a need for industry to come together, share best practice and equip themselves with the tools to ensure that our roads are a safe place on which to work and travel.

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Q&A

QUESTIONS & ANSWERSFROM YOUR TECHNICAL HELPDESK

Replacing ladder parts

I’m looking for advice on replacing feet on ladders. Many ladder manufacturers keep the rubber feet in place with half circle pressings on the sides of the aluminium stiles, which are impossible to release when replacing worn feet. Therefore, can the lower inch or two of the stiles be cut off square so new feet can be installed?

While there is nothing specific within health and safety legislation which would necessarily prohibit this practice, in my opinion it would not be considered good practice because you are affecting the structural strength and stability of the ladder potentially making it unsafe. I also believe that it is likely that doing so would mean that the ladder would no longer be considered compliant with the relevant British or European standard.

If an employer wishes to modify a piece of equipment then we suggest they speak to the manufacturer to see it they would recommend, and whether there is anything it can suggest in relation to replacing worn feet. However, if you are looking for what the stance of the HSE and the BSI would be on this topic we can only suggest is contacting them directly. The HSE’s advisory team can be contacted via www.hse.gov.uk/contact/information-advice.htm. Alternatively, you can try contacting them by telephone on 0300 003 1747. The BSI’s contact details can be found at www.bsigroup.com/en-GB/contact-us.

Refusal to wear PPE

Is it legal/possible to send/issue an employee with a formal warning letter for not following company policies

and procedures in terms of following company rule and using the controls and mandatory PPE issued to them? We have one employee who has been told numerous times about not following procedures or wearing PPE. Therefore, I would like to issue a written warning stating that; if he is not willing to follow company rules he will be suspended without pay. Another colleague has raised concerns regarding this; but I cannot see how this is not possible to do? Any advice you can offer would be much appreciated.

This would be an internal matter as to what disciplinary measures you apply to individuals not following company rules and procedures. An organisation should set up its own policy on whether there are a number of stages in the disciplinary procedure such as informal and formal verbal warnings, written warnings, suspension or termination of contract depending on the nature and severity of the alleged misconduct. You may need to contact your internal HR department to confirm your organisations policy and process for disciplinary issues. Via your membership of IIRSM you have access to a legal helpline that covers health and safety, HR and employment law. For advice on this issue you will need to contact them directly, you will need your membership number available when you call.

From a health and safety point of

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view all employees have a duty of care to co-operate with their employer on matters of health and safety and not to put themselves or others at risk from their acts or omissions (Section 7 of the Health and Safety at Work Act). If your risk assessment has identified that employees need to wear the appropriate provided PPE and if an accident or incident occurred when the employee was not wearing the correct PPE then they may be liable for any injuries sustained. However, liability can only be determined by a court of law but an organisation can implement its own disciplinary procedure against an individual as stated in their own disciplinary or misconduct policy.

Racking safety

We are planning to have a new warehouse as cold storage where mobile (motorised) racks will be in use. Can you provide any safe protocols for the use of such racks or do you have a risk assessment to guide employees about the hazards of operating such racks?

Mobile racking incorporates powered mobile bases with adjustable pallet racking generally supplied as an integrated package. The equipment runs on support rails and guidance rails which are lined and levelled into the floor. A mobile racking system provides very high-density storage in a very safe and efficient manner and yet retains 100% accessibility to product.

Control systems may be ‘simple’ which allow initiation of each mobile rack individually or ‘cascade’ which allows the operator to nominate which aisle is to be opened and thereby initiates several mobile racks to move sequentially away from the designated aisle. It is always a prerequisite that a check is made to ensure that an aisle is clear of personnel or product before the mobile racks are initiated to move. The method of aisle selection and confirmation of aisle clear may be by manual pushbutton infra-red or radio.

The mobile racking system will allow linking to a computer storage management system. A mobile racking system falls within the scope of the EC Machinery Directive and should therefore be certified by a CE mark. Mobile racking systems should be designed in accordance with the SEMA Code of Practice for the Design of Mobile Racking. Mobile

TECHNICAL HELPDESKAlcumus offers a health and safety helpdesk service which is available to all IIRSM members. Its experienced consultants understand the minefield of evolving legislation and the potential impact of non-compliance on a business. All are suitably skilled to offer guidance and act as your “competent person” if required.

So if you are looking for advice, call the health and safety information helpline with your questions on +44 (0)1296 678 465 or email [email protected] for information on any health and safety related topic. We’ll publish a selection of your queries in every issue, as members have told us the information is invaluable. We’re always grateful to receive feedback on our advice lines – if you have any comments on the service you received, please email [email protected].

systems are not limited to APR they may incorporate cantilever arm racking or shelving.

Mobile shelving systems tend to be lighter duty and provide many options of rail installation motive power and control system. Generally, they should be designed in accordance with the SEMA Code of Practice for the Design of Mobile Shelving. Operation and maintenance of mobile racking should be carried out in a similar manner to that described for basic pallet racking. The mobile bases themselves require a more specialised and detailed inspection to ensure that on-board safety features including trip bars photo-barriers, etc are providing adequate protection to personnel and that drives wheels base geometry and rails are in satisfactory condition to provide safe and effective performance.

As a priced document, it is not freely available online anywhere but copies can be purchased from www.fsdf.org.uk/product/material-handling-safety-guide. The Code of Practice for the Design of Mobile Shelving Systems produced by the Storage Equipment Manufacturers’ Association (SEMA) is also a priced document that isn’t freely available online but can be purchased from www.sema.org.uk/codes-of-practice/publications

The Institute of Refrigeration (IOR) has produced a code of practice for cold stores part 2 of which contains a section on mobile racking systems; this is also a priced document – copies can be purchased from www.ior.org.uk/cold-store-code-of-practice. The information relating to storage racking in general starting on page 110 of the online version of the HSE publication Warehousing and Storage that can be freely downloaded via the relevant link available at www.hse.gov.uk/pubns/books/hsg76.htm may also be useful.

Retrofitting green warning beaconsI am aware that new pieces of mobile plant have green beacons fitted to indicate that the operator is (or isn’t) wearing their seatbelts. Is there a requirement to retrofit green beacons to older pieces of plant?

There is no specific requirement to install and fit green beacons on plant and machinery to indicate that the operator is wearing their seat belt. This may be a recommendation from an industry body or machinery manufacturer as a visible means of identifying if operators are using seat belts and restraints where fitted and necessary. As such there is no need to retrofit green beacons to older pieces of plant and machinery unless this has been identified as a specific risk of operators not wearing seat belts where fitted and are at risk of falling from machinery while it is operating.

An organisation can introduce its own site policy that all drivers must wear seat restraints and in order to enforce this may decide that the use of coloured beacons as a visible means of identifying good practice is suitable for the individual site where the work is taking place.

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Sophie Williams

IIRSM Director of Professional Development

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INSTITUTE NEWS

Keeping ahead of the game

C ustomers and regulators take less on trust and expect more assurances than ever before. The changing nature of working practices and events once thought remote,

such as climate change, wide-spread terrorism, cyber-crime, artificial intelligence, mass migration and political uncertainties, means organisations need more than ever, competent people with the right knowledge, skills, experience and behaviours.

Everyone within an organisation manages risks, from board members and CEOs to front-line workers. Risk management is integral to strategy development, business planning, organisational culture and decision-making. The risks being managed might be different, but principles, systems, working practices, culture and language should be compatible.

IIRSM helps both individuals and organisations effectively manage the risks and opportunities they face – from saving money to saving lives. Risk management, is after all, all about building resilience, being innovative, achieving objectives and managing reputation.

Our members have historically worked in health and safety, but through the introduction of the specialist grade, we have seen an increase in those working in other risk-related disciplines and different business functions choosing to join IIRSM.

An integrated approachIn 2016, we carried out research and consulted extensively with industry and our members on what the challenges individuals and organisations were facing, and what they required from a professional risk

institute. It was clear that managing risks effectively cannot be considered the responsibility of just one person or function. Developing organisational culture and systems that incorporate risk-based thinking at its centre are paramount, and managing health and safety risks should be part of an overall integrated approach to risk management.

Increasingly heads of risk are taking responsibility for health and safety and there has been a change in the traditional health and safety role, with many taking on additional responsibility for other risk areas such as security, business continuity, insurance, emergency planning, as well as a greater focus on health and wellbeing.

Today, everyone needs a good understanding of the context and impact of wider corporate risks. For example, a key strategic risk is attracting and retaining talent – and recognising the health and wellbeing of that talent, is critical to increased productivity, reputation, competitive edge and resilience. Therefore,

More and more health and safety practitioners – our core membership – are managing other risk-related functions and increasingly heads of risk are taking responsibility for health and safety. We believe this should be reflected in our membership structure, as Sophie Williams, IIRSM’s Director of Professional Development, explains.

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risk and safety professionals must continuously work beyond silos to facilitate and educate others about the importance of targeted and sustainable risk management.

IIRSM’s risk management competency frameworkThe research in 2016 fed into the development of IIRSM’s professional standards of competence in risk management, setting out the knowledge, skills and behaviours expected of those working in different roles, functions and levels. These standards have been developed into a competency framework which will be published in spring 2018 and will underpin our new membership structure and support CPD activities.

Changes to IIRSM’s membership structureCurrently IIRSM has two membership streams – health and safety, and specialist. The streams will be

merged to align with IIRSM’s strategic direction and to recognise that all members are risk management professionals. The new structure will consist of:

● Student ● Affiliate ● Associate (AIIRSM) ● Member (MIIRSM) ● Fellow (FIIRSM)

The new structure will be accessible, inclusive and ‘fit for purpose’ to meet the changing needs of our current and future membership, as well as employers, regulators and other key stakeholders in the risk, safety and business community.

To achieve a professional grade of membership, members will be required to demonstrate they meet all or a combination of the following four areas:1 A minimum level of risk knowledge and

competence through taking an IIRSM recognised third party qualification and/or have relevant demonstrable practical experience.

2 A minimum level of competence in business acumen, such as managing people (staff, clients, customers and volunteers), projects, resources, budgets and/or activities.

3 Compliance with IIRSM’s continuing professional development scheme.

4 Compliance with IIRSM’s Code of Conduct.

The proposed changes were approved by Council in September 2017 and ratified by the membership at the Annual General Meeting in December 2017. The exact requirements for each grade are being developed and competency statements setting out what will be typically expected from those applying for each grade of membership will be issued in due course.

Transitional arrangementsTransitional arrangements are being developed and will be communicated to members over the coming months. However, we can confirm that all existing Specialists will become Full Members and all Specialist Fellows will become Fellows. This change will be applied automatically and members do not need to take any action.

Transitional arrangements will be in place to enable existing Full Members and Specialists to upgrade to Fellowship and for Associates to upgrade to Full Member under the existing criteria and process, for a period of one year following the launch of the new membership structure in July 2018.

Communication is keyWe will keep you updated on the changes and what it means for you through regular communications over the coming months. Please look out for updates on IIRSM’s website, dedicated emails, Insight and our bi-monthly eNewsletter. We welcome your feedback, so please email [email protected]

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ANNUAL GENERAL MEETING AND PRESIDENT’S RECEPTION

Taking pride in our professionMEMBERSHIP

New FellowsCongratulations to the following members who were recently awarded Fellowship status:Melinda Lyons; Verappan Logesan; Andres Van Wyk; Qadir Mahmood; Mark Smith; Andrew Hinton; Geoffrey Price; and Gopakumar Nair.

IIRSM members and colleagues were invited to join the Council and team for the Annual General Meeting in December.

New IIRSM Preisdent Andy Hawkes was delighted to welcome honoured guests from a variety of institutes, trade associations and the HSE. He outlined his priorities as President for the next two years, which will see a particualr focus on growing the Branch network, collaborating with partner organisations, and organising informative events that deliver great education to our members.

Andy touched upon another area of focus – our need to be relevant. We need to be an organisation that health, safety and risk professionals want to join. And we need to reflect the needs of millennials.

explored how good or bad leadership can affect an organisation’s appetite to effectively manage risk, and involved a lot of audience participation, to the amusement of many.

A special award was presented to Honorary Vice President, Geoff Lloyd, in recognition of his 25 years as a member of IIRSM.

The seminar was followed by a networking drinks reception, where attendees enjoyed wine and mince pies while admiring the far reaching views over London.

Thanks to all who attended, and if you couldn’t make it this time, be sure to register your interest for our next event: [email protected]

“I want to excite the younger generation and let them see that joining our profession can offer a brilliant, important and energising career,” said Andy. “There are very few industries that can say they have an objective to save lives and at the same time can help capital get its required return.”

He used the success of the Olympic build as an example of why we should be proud of our profession, and reminded delegates of the need to be more vocal, promising that IIRSM will lead that charge.

The AGM was followed by a seminar by Kevin Hard, RyderMarsh, on leadership and its impact on organisational culture. Kevin Hard’s entertaining session

Left to right: Geoff Lloyd and Andy Hawkes; and delegates enjoyed an informative seminar by Kevin Hard

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OPINIONANDY HAWKES, IIRSM PRESIDENT

It is an honour to be elected as IIRSM President. As some of you know, I am not a health and safety professional but I do believe I am a risk professional, having working in the insurance profession for 35 years, and I’ve spent a third of that building and running a successful risk management business. As a CEO, wrapped up in FCA regulation and self-imposed ISO standards, BAFE and cyber essentials to name a few, I spend my life managing risk.

Organisations should be striving to create a positive environment in which employees don’t just survive, but thrive. Health and safety and wellness should be top priority for HR personnel, as illnesses and injuries, particularly those that are work related, lead to financial burdens for both employer and employee.

HR can play a role in health and safety compliance at work, by ensuring that every employee attends their induction prior to starting in their role. Having good health and safety working practices in place delivers many business benefits. In reducing your staff absence due to having effective control measures in place regarding illness or accidents at work, the business will benefit by saving time and costs associated with recruiting and training a new member of staff.

I have come to realise that successful risk management is successful business management. It underpins everything a business does – from the entrepreneurial spirit of a start up to the sustainability and maturity of a major long term organisation. So I may not be an obvious choice as President, but I am passionate that our profession is absolutely vital to global economics, business and the welfare of the global population at large. And I believe that IIRSM has a vital part to play.

EVENTS

For all IIRSM events visit iirsm.org/events

NORTH SCOTLAND BRANCH MEETING

22 February 2018 Aberdeen

Behavioural based safety by Bill Melvin, Attolo Offshore

EAST ENGLAND BRANCH MEETING

28 February 2018 Bury St Edmunds

Evacuation signing: do we really understand it? by Jim Creak, Means of Escape Publication

UNITED ARAB EMIRATES BRANCH MEETING

7 March 2018 Dubai

Fire safety management – practices and principles

EAST MIDLANDS BRANCH MEETING

14 March 2018 Nottingham

Man versus machine – the journey of complacency by Paul Mahoney, Inspiring Safety

NORTH WEST ENGLAND BRANCH MEETING

22 March 2018 Warrington

Just how secure in your site? by RedCat

WEST SCOTLAND BRANCH MEETING

27 March 2018 Glasgow

Stress Risk Health surveillance at work by Jessica Smyrl, YSM Solutions

NORTHERN IRELAND BRANCH MEETING

30 March 2018 Belfast

Health and Safety Executive for Northern Ireland – priorities for the future by Dr Bryan Monson, HSENI Deputy Chief Executive

For more information or to book your place, visit www.iirsm.org/book-a-branch-meeting

CDM 2015 Regulations – Back to Basics

Mar 2018 Cardiff, Manchester & Edinburgh

A half-day workshop looking back at the changes to the regulations and providing a refresher on key themes and responsibilities. Delegates will hear a recap on the regulations, including an update on basic legal duties and design risk management principles.www.iirsm.org/events/cdm-2015-regulations-back-basics

Protecting your People – Safety and Security

April 2018 Manchester, Glasgow & London

A one-day event which addresses new and emerging threats to businesses and people. Experienced speakers will discuss lone working, global travel safety, security training, identification of risk, reading behaviours, enforcement and developing policies to protect staff welfare and security when working, travelling or at leisure. www.iirsm.org/events/protecting-your-people-safety-and-security

Annual Conference and Dinner

24 May 2018 London

One day conference on future trends in risk and safety in the world of work. The conference will be followed by an evening of networking and fine dining with guests from the risk management community.www.iirsm.org/events/conference-and-dinner-24-may-2018

Design Risk Management Workshops

June 2018 London & Cardiff

Developed in partnership with the RIBA, these workshops will provide construction industry designers, clients, contractors and other practitioners and professionals with knowledge of how to facilitate a CDM project review process on a real case study of various scales and type.www.iirsm.org/events/design-risk-management-workshops

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INTERVIEW

Interview

35 people were killed in the 1988 rail crash at Clapham, while 484 were injured

A shift change in riskJudge Barry Cotter has been at the forefront of numerous high profile public inquiries and inquests, and here he tells us how he thinks the process of risk assessment has developed during his career.

J udge Barry Cotter is, in his own words, a little bit unusual. A comprehensive school boy from St Helens, he became a barrister at just

21 and – after a legal career practising in the fields of personal injury and health and safety – became a judge in early 2010.

“My dad was a health and safety officer at Pilkington Glass,” he explains, “and I grew up with health and safety, so I was interested in it from a very young age. Because of his job, my dad was sometimes involved in court cases, and that’s how I became interested in that area of law.”

In the course of his career, Judge Cotter has appeared in nine major public inquiries, including the Clapham rail crash inquiry, 11 large multi-party actions (concerning, among other areas, industrial deafness) and a number of high-profile inquests.

Sentencing for health and safety breaches has long been the subject of controversy and debate, with many advocates for health and safety pushing for the sort of eye-catching fines that might have an impact in the boardroom. Judge Cotter considers the revised Sentencing Council guidance for health and safety offences of February 2016 – which places greater emphasis on the risk of harm and level of culpability than on the outcome of the breach, and provides for significantly higher fines – to be a very welcome development.

“It was set out by the Court of Appeal in the Thames Water case in 2015 that the message had not got home to shareholders and directors,” recalls Judge Cotter. “That was the background to

the issuing of new guidance. And I have absolutely no doubt that having clear guidance in the new document on the financial implications for organisations of a breach – set out in black and white for the first time – is very powerful.

“In the corporate position, health and safety can easily be marginalised and passed over because of the need to make a profit – especially in smaller businesses. But if you can point out to directors,

‘These are the levels of fines that can be imposed’ then that must help those people – the safety managers – who are fighting the health and safety corner in businesses.”

Judge Cotter also welcomes the culpability element of the revised guidance.

“You can’t underestimate the ingenuity of man and woman to hurt themselves; you can’t prevent all accidents, full stop.

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Barry Cotter QC Designated Civil Judge

If an accident occurs where a minor fault leads to a devastating consequence, why should there be a huge fine?

“The difficulty in health and safety cases is that you always have to take the benefit of hindsight out of the equation. The risk has come to pass, if you like: there has been an accident. So there’s a natural bias to exaggerate the level of risk retrospectively, because something has happened. The focus of the new guidance is on the proper assessment of the risk at the time of the incident – because it’s all too easy to exaggerate the risk and the level of culpability. The focus should be on the level of foresight at the time of the alleged breach.

“The old guidance produced a disparate approach when it came to sentencing. I think the new document is comprehensive and impressive.”

A conservative approachDevelopments in employment and work styles and the introduction of new technology all bring changes to the risks employees will face in the workplace of tomorrow, and Judge Cotter believes employers need to be focusing on psychological risks as much as physical ones as they look to the future. In particular he cites stress and harassment

– and employers’ vicarious liability, for these issues.

“For a very long time – since Hatton in 2002 – in relation to stress there needed to be a foreseeable risk of harm before employers needed to act. There was what you might describe a conservative approach: there had to be a clear risk of psychological injury.”

“I have absolutely no doubt that having clear guidance in the new document on the financial implications for organisations of a breach – set out in black and white for the first time – is very powerful.”

But Judge Cotter believes that assumption is changing. Until recently, there wasn’t a legal expectation that employers should proactively risk assess stress; stress was “forgotten” in risk assessments. But his judgment in the Bailey case of 2014 (Bailey v Devon Partnership NHS Trust [2014]) changed that assumption, he suggests. Further, he argues, the Management Regulations confer on employers a clear duty to investigate stress risk alongside other safety and health risks.

“Employers have a duty to go looking for people suffering with stress, using stress questionnaires for example. It’s a route that is often neglected, but it’s not right any more that employers don’t tackle the problem until florid symptoms of stress are apparent.

“Take as an example an emergency call centre. Objectively we know that it’s a stressful working environment. So you you do not need to wait until someone has a complete nervous breakdown to know that stress is a risk you need to manage.”

Judge Cotter acknowledges, though, that managing stress is not as clear-cut as managing other risks. “The problem with stress is that we all struggle with it, whether it’s getting the children to school on time in the morning before you go to work, or stress at work.

“We’re looking at a shift change in risk assessment, where employers become proactive on stress and

harassment. In the post-Harvey Weinstein era, employers need to understand that where stress or harassment in the workplace produces a risk to health, they could be vicariously liable. Employers need to be proactive, and employees need to have the ability to complain.”

The risk revolutionOne area of law Judge Cotter is especially interested in is defining the point at which corporate responsibility ends and an individual’s personal responsibility for their own wellbeing takes over. This question will shortly be tested by the Court of Appeal in the Bellman case (Bellman v Northampton Recruitment Limited [2016]), where an employee was left with brain damage after being punched by the managing director at a Christmas event after-party. Judge Cotter found in the original case that the company was not vicariously liable for the employee’s injuries.

“It is about where the boundary is. On one hand, the company has the money, the insurance; and you can’t say they have no responsibility at a Christmas party. But it is a social event. Modern-day employment is a wide concept, but it is not a never-ending concept: there has to be a point where the company’s responsibility ends.

“Of course, where there is an expectation that employees must attend an event, then the company could be liable. This is an issue judges have been grappling with for decades: where should responsibility lie for errant employees? It’s an expanding concept.”

Concluding on an optimistic note, Judge Cotter believes the single greatest improvement in risk management in his career “has been, undoubtedly, the process of risk assessment”.

“In 1986, there wasn’t really any structure for the assessment of risk. There’s been a revolution: now there are regulations, people are trained to carry out risk assessments, and they are properly done.

“Risk assessment is the cornerstone of modern health and safety law.”

Page 24: From windscreens to carpet - IIRSM

PROTECTING YOUR PEOPLEIIRSM SAFETY & SECURITY WORKSHOPSBook your place at one of our regional workshops which address new and emerging threats to businesses and people from terrorism, aggression and potentially hostile environments.

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The workshop includes interactive sessions on behaviour recognition and positional effectiveness giving you great skills to take back to your workplace.

Where: Manchester 17 Apr 2018 Price: £175 + VAT (IIRSM members) Glasgow 19 Apr 2018 £199 + VAT (non-members) London 13 Jun 2018

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