Listen in to the outcomes of Enhesa’s 2010 regulatory trends forecast and a study of how companies seek to ensure regulatory compliance, and join the opportunity to take part in live polls and Q & A session with a top International expert. 

Register for this live event here.

The best advice for driving in bad winter weather is not to drive at all, if you can avoid it.

Barbour health and safety‘s advice is to not go out until the snow ploughs and gritting vehicles have had a chance to do their work, and allow yourself extra time to reach your destination.

If you must drive in snowy conditions, make sure your car is well prepared and that you know how to handle your car
in dangerous road conditions.

It is helpful to practice winter driving techniques in a snowy, open car park, so you are familiar with how your car
handles.

Consult your owner’s manual for tips specific to driving your vehicle in slippery conditions.

This guide is to help you with your journeys in severe weather, especially as it gets worse over winter.

Make sure you listen out for weather warnings and be prepared to change or delay your journey depending on advice
being given.

It is recommended that you always check your route before you set out. Check the real-time traffic information
provided for your routes.

Driving safely on icy roads

• decrease your speed and leave yourself plenty of room to stop. You should allow at least three times more space
• than usual between you and the car in front of you
• if your tyres are making virtually no noise this could be a sign that you are driving on ice
• brake gently to avoid skidding. If your wheels start to lock up, ease off the brake
• turn on your lights to increase your visibility to other motorists
• keep your lights and windscreen clean
• using low gears will help you keep traction, especially on hills. Higher gears can be used for better overall control
• do not use cruise control on icy roads
• be especially careful on bridges and infrequently travelled roads, which will freeze first. Even at temperatures
  above freezing, if the conditions are wet, you might encounter ice in shady areas or on exposed roadways like
  bridges
• do not pass snow ploughs and gritting vehicles. The drivers have limited visibility, and you are likely to find the
  road in front of them worse than the road behind
• do not assume your vehicle can handle all conditions. Even four-wheel and front-wheel drive vehicles can
  encounter trouble on winter roads
• clear any snow off the roof of the vehicle before you drive off. It can slip down over the windscreen and obscure
  your view or blow onto the vehicle behind you
• if your vehicle skids depress the clutch and turn the steering wheel into the direction of the skid. When the vehicle
  straightens, steer along the road. Do not brake – it will just lock up your wheels and you will skid further.

Rear wheel skids 

• take your foot off the accelerator
• steer in the direction you want the front wheels to go. If your rear wheels are sliding left, steer left. If they are
  sliding right, steer right
• if your rear wheels start sliding the other way as you recover, ease the steering wheel toward that side. You might
  have to steer left and right a few times to get your vehicle completely under control
• if you are forced to brake and have standard brakes, pump them gently
• if you are forced to brake and have anti-lock brakes (ABS), do not pump the brakes. Apply steady pressure to the
  brakes. You will feel the brakes pulse — this is normal.

Front wheel skids

• take your foot off the accelerator and depress the clutch but do not try to steer immediately.If your vehicle starts to skid:
  
• depress the clutch. Do not brake
• turn the steering wheel into the direction of the skid
• when the vehicle straightens, steer along the road, release the clutch and accelerate gently.

If you get stuck

• do not spin your wheels. This will only dig you in deeper
• turn your wheels from side to side a few times to push snow out of the way
• use a light touch on the accelerator, to ease your car out
• use a shovel to clear snow away from the wheels and the underside of the car
• pour sand, cat litter, gravel or salt in the path of the wheels, to help get traction
• try rocking the vehicle. (Check your owner’s manual first — it can damage the transmission on some vehicles.)
• Shift from forward to reverse, and back again. Each time you’re in gear, give a light touch on the accelerator until the vehicle gets going.

Winter preparation
Prepare your car for winter. A check-up should include:

• check ignition, brakes, wiring, hoses and fan belts
• changing and adjusting the spark plug
• check air, fuel and emission filters
• inspect the distributor
• check the battery. Most batteries last between two and four years. Make sure yours is fully charged and replace itif you are not sure it is reliable
• check the tyres for air, sidewall wear and tread depth
• check antifreeze levels
• service the vehicle
• keep lights clean and check bulbs regularly so you’ll be prepared for lower visibility and shorter days
• ensure your tyres are inflated to the manufacturers’ recommended pressure and have at least 3mm of tread depth– enables a better grip on the road
• make sure wiper blades aren’t worn so you can keep your windscreen as clean as possible for
  the extra spray, ice and rain

Necessary equipment

An emergency situation on the road can arise at any time and you must be prepared. In addition to making sure you
have a full tank of fuel, and fresh anti-freeze, it is recommended you should carry the following items in your boot if you become stranded:

• properly inflated spare tyre, wheel wrench and functional jack
• shovel
• bag of salt or cat litter
• tool kit
• ice scraper, de-icer and snow brush
• torch and extra batteries
• warm clothes, woollen hat and gloves and a woollen blanket or sleeping bag
• a pair of boots
• first-aid kit
• battery jump leads
• food and a warm drink in a flask for particularly cold weather
• a pair of sunglasses in the glove compartment to protect from the glare from the low winter sun
• reflective triangles
• compass
• exterior windscreen cleaner
• wooden stick matches in a waterproof container
• scissors and string/cord
• fluorescent or brightly coloured cloth.
• dirty windows and mirrors can make it hard to see as the low winter sun hits. Make sure they are kept clean and
  free of ice and snow in colder weather. Ensure windows are clear and de-misted before setting off!
• finally, take a map to help in any unplanned diversions.

If you become stranded

• do not leave your car unless you know exactly where you are, how far it is to possible help, and are certain you
  will improve your situation
• to attract attention, hang a brightly coloured cloth from your radio aerial
• if you are sure the car’s exhaust pipe is not blocked, run the engine and heater for about 10 minutes every hour or
  so depending upon the amount of fuel in the tank
• to protect yourself from frostbite and hypothermia use the woollen items and blankets to keep warm
• keep at least one window open slightly. Heavy snow and ice can seal a car shut
• eat and drink food carried in vehicle.

Updates

The latest information on road conditions on UK motorways and trunk roads is available from the Highways Agency
website at www.highways.gov.uk or from the Highways Agency Information Line on 08457 50 40 30

Traffic Radio is available on Digital radio or via the internet at: trafficradio.org.uk or on local radio bulletins.  Information on weather conditions is available from the Met Office or local radio
broadcasts.

Further information

If you require further information visit www.barbour-ehs.com or contact Barbour directly here.

alternatively,

Sign up today for a free trial of Barbour’s services.

www.brake.org.uk/facts/winter-driving www.theaa.com/motoring_advice/seasonal/winter

Sources
The AA online
TWC – Travel Smart

January 2010
Disclaimer
This guide is provided by Barbour for general guidance on matters of interest. In making this document available to a
general and diverse audience it is not possible to anticipate the requirements or the hazards of any subscriber’s
business. Users are therefore advised to carefully evaluate the contents and adapt the information to suit the
requirements of each situation. Barbour does not accept any liability whatsoever for injury, damage or other losses
which may arise from reliance on this information and the use of these documents.

Copyright of these documents remains with Barbour and whilst subscribers are permitted to make use of them for their own purposes, permission is not granted for resale of the intellectual property to third parties.

Preparing court cases is expensive and a drain on resources for any regulator. But as fewer cases are brought it becomes harder to justify why particular organisations and individuals are singled out for prosecution, while others escape scot-free. Rationing prosecutions sacrifices fairness.

Rationing prosecutions sacrifices fairness

Regulators face the same budgetary pressures as most of the public sector, and even the criminal justice system is not exempt from proposed spending cuts. For example, the Government wants to axe up to 103 magistrates’ courts.

The time is ripe to question whether a system that relies on criminal fines is not just unaffordable but fails to hold dutyholders properly to account.

Administrative fines for health and safety offences (where the defendant does not actually appear in court for trial and sentencing) are used in the US and some EU and Commonwealth countries. In these jurisdictions, the regulators have the power to impose whatever fines they deem appropriate, up to a maximum limit. The fines may be subject to appeal and most of these countries also retain prosecution in criminal courts as an option for serious cases.

These fines have a number of advantages. Firstly, they result in streamlined investigations, since the regulator is encouraged to focus on the reasons for the contravention.

Empty court houses will make everyone happy

Secondly, the investigation is faster because there is no need for regulators to assemble extensive formal evidence (witness statements, expert reports, etc), or to involve lawyers. Contraventions are also dealt with swiftly, and a penalty is imposed as soon as an investigation is complete.

Thirdly, offenders have an incentive to admit breaches promptly, since their case will be diverted from the criminal process and they will avoid disproportionate legal costs. And finally, legislators can set out in advance the criteria for realistic fine levels.

If we adopted this approach in the UK, money raised from safety fines could be re-directed to a fund managed by the HSE. It could help to better fund inspection and investigation – and encourage regulators to reverse the decline in enforcement. In these straightened times, is it such a bad thing if offenders have to bear a greater share of the cost of enforcement?

Mark Tyler
Partner, Shook Hardy & Bacon, legal practice

All the contents of the Barbour Blog posts, constitute the opinion of the Author, and the Author alone; they do not represent the views and opinions of the Author’s employers, supervisors, or organisation nor do they represent the view of Barbour EHS, or businesses / institutions associated with Barbour EHS.

The Report also aims to assist small, low-risk businesses in reducing perceived health and safety bureaucracy. All of these are welcome objectives.

The cutting of red tape for small businesses is most welcome

The report fails, however, to address one of the real issues in health and safety today – the often disproportionate, over-bureaucratic and impractical approaches of many enforcement officers.

These people have little understanding of business, and often do not have a sound understanding of the legal requirements they enforce.

Do you know your legal requirements?

The attempt by the HSE to make a simple interactive risk assessment tool for small businesses illustrates a political response to the simplification challenge, as opposed to any serious attempt to assist small businesses, or reduce risks, or indeed meet legal requirements.

Any small business owner using the assessment (taking only 20 minutes) will be given a wonderful sense of security. Confident in thinking they have done the right thing.

They will be assured that if they have tested the fire alarm ‘regularly’, instructed staff in the use of potentially dangerous machinery within a month of starting work and had a ‘check’ on their gas appliances at least annually; they will be fully compliant on such issues.

Happy times – but are they?

They will, therefore, receive a nasty surprise when they find that their regular, six monthly testing of the fire alarm was inadequate (it should have been weekly), the check on the gas appliance carried out by their handyman was meant to have been undertaken by a gas-safe, registered engineer, and the new starter amputated their fingers when clearing the blockage in the office shredder on their first day at work, weeks before being given the planned instruction at the end of the month.

They will also be shocked when there is a Legionella outbreak, or their passenger lift falls down the shaft, injuring their staff, that the risk assessment did not seem to have any questions about Legionella controls or statutory inspections.  As their business burns down, due to an electrical fault, they will be somewhat annoyed that the assessment did not seem to mention that their electrical installation should have been tested and inspected by a competent electrician at least every five years and their insurers are refusing to pay out.

And that will be your company finished

The small business owner will then wish that, instead of wasting their own time trying to unravel the guidance from the HSE website, or being guided by officials with dubious competence, they had focussed their minds on running their day-to-day business activities and obtained some competent advice from a pragmatic, but qualified, health and safety consultancy which would have quickly kept them on the right track and saved them a small fortune.

The small business owner will conclude, as their business goes into liquidation and their house is repossessed by the bank, that in the same way as managing their accounting and employment law issues this would have been better served by obtaining professional advice and assistance rather than trying to find the (wrong) answer themselves!

Ian Clements
Ian Clements is Managing Director of Quadriga Health and Safety and has extensive experience in advising Boards of Directors about Health and Safety. Quadriga provides specialist health and safety consultancy and training to a wide range of clients including Lloyd’s Register, Nuffield Health, Priory Healthcare and Virgin Media.

Do you agree with Ian’s comments? See him, along with an expert panel discuss the Lord Young Report live on Wednesday 10th November. All you need to do is click here to register.

All the contents of the Barbour Blog posts, constitute the opinion of the Author, and the Author alone; they do not represent the views and opinions of the Author’s employers, supervisors, or organisation nor do they represent the view of Barbour EHS, or businesses / institutions associated with Barbour EHS.

While there are improvements, there are equally black holes still, and getting the message across at all levels to every interested party is still difficult. We, of course, have to decide what the message is before that, and to some this is still a difficult challenge in its own right.

There is a huge amount of effort within the health and safety world to make some things much more complex than they need to be or to make it seem as if the future of the world depends on it. Neither is proportionate or true. Some things in health and safety can be immensely important but have to be taken into context.

Accreditation is one of these. This process has grown up as the need to ensure competence has passed from client to independent auditor. For all members of a professional body who are audited as part of their membership this is an imposition. But nonetheless, in order to even be placed on a directory to be considered for tender being passed by one of these companies is necessary.

It is a great irony that while the consultant needs to be fully accredited the company doing the auditing does not have to be. While the Safety Schemes in Procurement (SSIP) has helped here, there is still too much resource being put into this and not in improving the situation at site level.

It seems that often there is a parallel universe going on, in one we have the health and safety specialist who considers that no one moves with out a risk assessment, endless piles of paper and counter signatures to fill the Albert hall. However, in my opinion, all of this contributes nothing to the project or sadly to the improvement of safety.

In another equally bizarre world, we have (for example) the white van man who considers it will never happen to him and that he is made of kryptonite, so no accident will ever affect him. He may not be interested in safety equipment or regulations. And then there is the real world, that thankfully most of us occupy, where we do consider this a serious subject but not to the exclusion of all else.

We look at this in proportion, consider the other points of view and try to bring practicalities, proportionate responses and consensus building into the situation. This thereby increases the case for better and better standards and performance by everyone from client to design team to sub contractor. We hope that people will start getting the point.

Did you see Barbour’s CDM Webinar yet? If not, click here.

Peter Caplehorn

Peter Caplehorn is Technical Director and head of the technical services department supporting the technical quality of all Scott Brownrigg Projects. Leading the Technical Services Division of Scott Brownrigg he is responsible for technical decisions across the group. He is also the director responsible for Health and Safety including workplace compliance and CDM regulations.

Peter sits on several industry wide committees specialising in regulations and health and safety He was involved particularly with the industry guidance on the new CDM 2007 regulations. He gives regular seminars on a wide range of technical and health and safety and technical subjects.

Peter writes for several magazines on a regular basis including a column in Building, RIBAJ and Grand Designs Magazine. He has also given several seminars and regularly attends as an advisor to Grand Designs Live. He has taken part in several programs for the Einstein Channel now part of the RIBA active leaning scheme.

All the contents of the Barbour Blog posts, constitute the opinion of the Author, and the Author alone; they do not represent the views and opinions of the Author’s employers, supervisors, or organisation nor do they represent the view of Barbour EHS, or businesses / institutions associated with Barbour EHS.

With the announcement by Eric Pickles MP, Secretary of State for Communities and Local Government (CLG), that the Regional Development Agencies (RDA’s) are to be abolished and will be replaced by Local Enterprise Partnerships (LEPs), local government and businesses have been in a state of intense activity to develop proposals for LEPs in economic geographic areas by the first week of September this year.

The Secretary of State for Communities and Local Government

LEPs are intended to propose a flexible, locally-led approach to economic development that the Local Government Association has long argued for. The aim of the LEP is to allow local areas to determine their own economic growth and drive the creation of private sector jobs. It is expected that LEPs will cover the full range of inter-linked issues that underpin local economic performance such as local transport provision and infrastructure investment, housing, regeneration, business support, skills and employment and training provision.

In many places the models for LEPs and the partnerships with business already exist, and it is expected that councils and businesses will wish to continue with them. The precise form and geographical coverage of LEPs will vary from place to place.

The Government has confirmed that it has received 56 proposals for LEPs from across the country.

The Government has received, to date, 56 proposals

Ministers have been impressed by many of the proposals which are radical in their approach. They identify the variety of challenges facing individual local economies and put forward innovative ways of tackling them – reflecting the importance of allowing local areas to determine their own economic development and drive private sector job growth.

The Government has said it is keen to see partnerships remain proactive and maintain momentum. Over the coming weeks Ministers will consider the proposals in detail, looking at how they will support economic growth, before providing feedback to partnerships ahead of the publication of the White Paper on sub-national economic growth and the introduction of the Localism Bill.

Government also considers that Local Enterprise Partnerships can rewrite the economic geography of the country – unconstrained by arbitrary boundaries of Regional Development Agencies and the top-down prescription approach taken previously. Proposals include partnerships that cut across existing regional boundaries and include universities or community groups among them.

Universities may be involved

The Local Government Group, led by Local Government Improvement and Development (LGID) is leading on the support and advice to councils including peer networks to develop their propositions, an online seminar, a communities of practice for the sector, an expert panel to advise on key issues with their thinking, and an advice note for councils.

A role for regulation and regulatory services in the future LEP’s
This is unclear at the moment and may become clearer when the White Paper is published. However, notwithstanding this, local regulators including councils and national regulators who deliver services in localities e.g. the Environment Agency and the Health and Safety Executive, have the opportunity to develop together comprehensive support and advice services in LEP areas that help businesses with the most important  elements of  regulatory compliance.

This may include gateway services, where first call advice is provided to businesses for all local regulatory services, freeing up resources to focus on high risk, non compliant businesses, particularly those who deliberately flout the law and thereby undermine those businesses who are in the majority and who look to ensure they meet their statutory obligations.

The majority want to meet their obligations

Local Government Regulation, as part of the Local Government Group, will be exploring opportunities to develop good practice with councils and their regulatory partners and will look to promote this across the sector in the future.

It is also not clear how LEPs will impact on individual businesses including their regulatory responsibilities but having access to sensible, proportionate, risk based regulation and compliance advice may become part of the offer from a LEP.

For local authorities and other local regulators it provides an opportunity to work in a joined-up and coordinated way, ensuring resources are targeted across the LEP in business activities where the highest risks and hazards occur and importantly ensure there is consistency in approach and a level playing field.

For colleagues who specialize in regulatory advice for their companies and organizations including health and safety, it makes sense to keep up to date with developments, which may be through their professional bodies, membership of business group representatives e.g. the CBI, the British Retail Consortium, the British Chambers of Commerce and Federation of Small Businesses.

Further information can be found on the BIS and CLG websites.

Derek Allen

Derek Allen became Executive Director of LGR in March 2002. He was previously Head of Regulatory Services at Thurrock Council; a role which included town planning, environmental health, trading standards and highways enforcement services. He trained as an Environmental Health Officer at the London Borough of Barking and Dagenham where he specialised in food safety and private sector housing.

Discuss Derek’s blog on Barbour’s group on Linkedin.

Will this soon be a shot of the past?

Trading Standards are no doubt caught somewhere in the middle, already working routinely on underage sales of cigarettes, and now facing further legislation to become involved with.

Figures from WHO (The World Health Organisation) illustrate why smoking remains such a powerful issue; with 5.4 million people dying each year globally from tobacco-related illnesses, and the expectation that this will rise to 8 million in just two decades time. In the UK, Cancer Research report that whilst less than 1% of 11 year olds smoke regularly, this rises to 15% by the age of 15. These figures alone show the importance of tackling underage sales. But whilst work on underage sales has been prevalent for some years, with good results, new tactics are now being tried in an attempt to further reduce smoking generally.

No smoking – ever

Next year the tobacco display ban comes into force for large retailers in Scotland (and for small shops in 2013). Under the Tobacco and Primary Medical Services Act, cigarette vending machines will also be banned and retailers will have to join a registration scheme. Health officials hope this will reduce the amount of young people taking up smoking as they will no longer be subject to the large displays of cigarettes when they enter a shop.

Press reports have shown a strong opposition to the move by the Tobacco Retailers Alliance who believe that by moving cigarettes out of sight under the counter, makes people feel awkward about purchasing them, encouraging them to switch to purchasing their cigarettes at a cheaper price from illegal sources.   This is obviously a legitimate concern and one that the new Coalition Government are seriously considering while deciding whether to introduce the tobacco display ban in England.

It’s embarrassing for smokers to now ask

Many people believe that whilst new measures are needed to tackle the smoking problem, obvious solutions are being missed in favour of the display ban.  Trading Standards have only ever been able to tackle the straightforward problem of an underage person buying cigarettes. The situation of adults purchasing cigarettes for children is well known, but not easy to address with test purchase methods. Interestingly, both the Tobaccos Retailers Alliance and anti-smoking groups have both called for a law which would make such a purchase by an adult illegal. A recent poll by Ash (Scotland) revealed that 90% of people surveyed wanted this as a number one priority. Combine these findings with statistics from Canada which show that smoking actually increased after a tobacco display ban, and it’s easy to see why the law is proving so controversial.

Marketing of cigarettes on the internet has also been in the news recently, as it was found that the tobacco industry may be using sites such as YouTube to get around a ban on advertising. The tobacco companies deny using the internet in such a way, and there is no evidence to suggest adverts are showing up on social networking sites, such as Facebook.  Researchers claim though that pro-tobacco videos were found on YouTube, and this has prompted calls for better policing and regulation of the internet once again.

The fight has gone online

Unfortunately, it seems that the recent flurry of attention on smoking focuses on attempts to hide the product in a bid to make it ‘out of sight, out of mind’. Based on the alarming statistics above, it would appear that much more needs to be done. We will have to wait and see what the effects of the tobacco display ban will be in Scotland. One thing that will be certain is that Trading Standards will be relied upon to police whatever the regime.

Alison Ramsden
September 2010

Alison is a Trading Standards Expert and regularly contributes to Barbour’s weekly briefings. To find out more about our briefings, click this link here.

Would you like to write for our blog? If so, please click here to find out how.

The Webinars are an excellent way to learn more about a subject and discuss it. It is not only informative; it can also gain you CPD points by attending.

A key part of the Webinar is the chance for the people listening to interact and ask questions to the expert about the topic.

Below we have compiled a selection of questions from our most recent webinar: Fire Safety Strategy: Learning Lessons from Recent Incidents.

If you are interested in our Webinars, the next, free-to-register event is on Thursday 9th September 2010 at 11:00am BST and is covering Training Needs Analysis click her to register.

Please see below for a selection of Questions and Answers from the most recent Webinar:

Question: Can you please give me some further advice re ‘Purpose group’ what is this and where can I find further information to place into my fire strategy

Answer: Buildings are generally classified by purpose group. This summarises the use and hence the anticipated nature of risk, i.e. Hotels, Offices, Factories, etc. If you have access to the Barbour technical index system, or can access some other technical support, have a look in BS9999 and/or the Building Regulations. BS9999 gives you a whole list of uses and then a numerical ‘Risk Profile’ for each use. The risk profile can then be used to assess the required levels of management, occupancy factors and maximum numbers etc when balanced against the risk.

Question: What was the significance of the ‘New Look’ fire and the subsequent legal action and the penalty?

Answer: The New Look fire in November 2009 was significant in that it set a precedent in terms of case law and level of fine £250,000 for failing to provide a ‘suitable and sufficient’ fire risk assessment, and £150,000 for failing to carry out adequate staff training. The fire started in a second floor store room and the alarm was mysteriously turned off ‐ building was evacuated safely but was gutted and had to be demolished. The fine was the largest in UK since the RRO came into effect.

Question: With blocks of domestic/tenanted flats, what duties apply to evacuation drills & training for use of fire fighting equipment.

Answer: Generally speaking if you have a common fire alarm system throughout a building and you have an evacuate policy as opposed to a stay put one then you should be carrying out an evacuation drill at least once per year. You must demonstrate that if anything goes wrong you have done all you reasonably can to ensure that tenants are aware of the procedures etc. However, the RRO does not apply beyond the flat door and if the tenants choose not to take part then there is little you can do, but that is then down to them, and they would not be able to point a finger or accuse you of negligence . Mostly, by prior arrangement we find that tenants do take part and most tend to enjoy the occasional fire drill. Secondly, the RRO and supporting documentation implies that where portable equipment is provided then persons should be trained how to use it. That is almost impossible in blocks of flats etc so for that reason extinguishers are not favoured in sterile common parts of such buildings. They should not be provided for use in the case of a fire in a flat ‐ that is down to each tenant. Where it is a house in multiple occupation or staffed accommodation then you may have to consider some form of ‘familiarisation’ training. That does not need to be a commercial operation ‐ just someone to explain the type, purpose (classification), location and method of use would be appropriate.

Question: Is it safe or in breach of legislation to have fire doors pinned open during normal working hours, relying on the employees to shut in the event of an emergency?

Answer: The short answer is that it is a legal requirement to maintain fire doors in the closed position as part of the protection to the means of escape. You should not have any fire doors pinned open at all, but if it is essential to hold them open for ventilation or ease of working etc, then they may be held on approved magnetic devices that are interfaced into the fire alarm and detection system; or where there is a fire alarm but no detection then a ”Door guard type of’ fitting can be used. These operate off sound and at a specific decibel rating that is emitted by the fire alarm.

Question: How would Tony deal with the inconsistency of ‘opinion’ from fire officers in regards to what is a suitable and sufficient fire risk assessment?

Answer: This is very difficult to answer and it does vary from one fire authority to another. However the answer is to talk to each and try to understand what in their opinion is wrong with what you have in place. It is usually a format problem which may not be familiar or easy to read.

However without seeing the actual assessment, I could not offer anything further. If you have got an electronic copy and care to forward it to me, I will have a look and may be able to advise you further.

Question: PAS 79 and HSE both define competence and gives further guidance

Answer: I agree and am aware of both those definitions. However in conversation and live on a webinar they do not really tell people what they want to know ‐ what is an underpinning knowledge, or an acceptable level of experience. Neither of them talks about a defined qualification unlike Health & Safety. Competency is a very emotive and difficult word in terms of the RRO to try to explain. What I suggest people do is to cover themselves in that whoever undertakes their risk assessments knows what he or she is doing. Whatever the subject matter the answer is very much the same i.e. that the person carrying out the assessment has a relevant background, experience of the subject, underpinning knowledge of the subject, willingness to do the task and a genuine understanding of what is right or what can go wrong, plus any supporting teaching or qualifications.

That can only be judged on an individual basis and not as a generalisation. There is a distinct possibility that third party accreditation will come into the frame one day. However, it is as always tinged with commercial gain. So we have to wait for government leads. We ourselves are accredited onto the register of the Institute of Fire Safety Managers. That is based upon a candidates all round ability and presentation of a selection of recent risk assessments.

Would you like to see all the questions and answers? If so click here for the full list. And, if you’re interested in signing up for future webinars, click here.

This is based on the reported 15% rise of such complaints to Consumer Direct in the summer of 2009, compared to the year before. Yet with such prominent consumer warnings, high profile advice portholes, and a never ending list of websites designed to help consumers choose trustworthy traders, should the number of complaints not be on the decline?

The summer is a perfect time for renovation

A simple internet search of how to find a reliable trader will pull up a number of different schemes and sites for consumers to use. Trustmark is the government backed, not for profit scheme launched five years ago. Whilst it has built up an impressive database of traders, and is endorsed by Trading Standards and Consumer Direct, it has failed in its plan to be the one stop shop for all consumers, but instead is just one of many.

Other schemes include Rated People, Trust a Trader and Transpact, which run alongside other sources of information such as local authority schemes and Which surveys. Combine these with popular TV programmes such as Watchdog, and Rogue Traders and it’s difficult to understand how anyone could now be caught out by a cowboy builder or similar.

You only know they’re cowboys once they’ve left

Yet just over the last couple of months there are reports in the news of all different sorts of problems. Worcestershire Trading Standards are attempting to clamp down on people purporting to be social care professionals, using high pressure sales techniques to push unnecessary mobility equipment. Essex are warning people to refuse dealings with a trader offering to carry out unnecessary repairs on their homes, and Westminster have just successfully prosecuted a bogus locksmith who defrauded thousands of customers by deliberately causing more damage to the locks and fitting cheap replacements. Every week it is easy to find details in the press of the latest rogue trader to hit our streets.

But perhaps, rather than rogue traders themselves being on the increase, it is actually the reporting of them which has intensified. For a long time now, Trading Standards have worked to ensure that consumers are savvier, aware of their rights, and alert to being ripped off. The launch of Consumer Direct in 2004 has proved highly successful in both the providing of advice, and warning of scams and rogue trader activity. The success of the aforementioned TV programmes also ensures information reaches a wider audience. Generally, the existence of rogue traders and how to avoid them is of far greater profile now.

Cowboy builder’s profile have been raised by TV shows

A recent article in TS Today by Cumbria Trading Standards highlights the link between rogue trader information to the masses, and increased complaints. One of their dodgy traders was photographed and appeared in a daytime news item. He was recognised by three other people who had been duped by the same man and so they then complained. This will be repeated numerous times across the country, and figures of complaints about rogue traders will increase as if the problem is escalating. Yet in this case, more people were being astute enough to come forward and complain.

No doubt with the current economic climate, and warm dry summer, there will be more scope for rogue traders to have their opportunities. But hopefully what we can interpret from the figures is an increasing awareness from consumers of who they can turn to when things go wrong, and how to spot when they are being conned. Whilst the coalition government makes no specific reference to rogue traders in its manifesto, they do call for greater protection of consumers in general, particularly the vulnerable, and the promotion of more responsible consumer behaviour. Trading Standards must continue to highlight the dangers and how consumers can help protect themselves. This will be through partnership working on campaigns, but also in publicising action taken against the criminals.

Alison Ramsden
July 2010

Alison is a Trading Standards Expert and regularly contributes to Barbour’s weekly briefings. To find out more about our briefings, click this link here.

The UK is especially prone to moulds, with its lovely damp and cold weather. Stachybotrys chartarum is one mould that is considered to be particularly toxic, especially its spores, which are poisonous when they’re inhaled. The can grow in wallpaper, flooring, behind walls and tiles and on window frames.

Any poorly-ventilated house, be it a mansion in LA or a bedsit in Glasgow, can be susceptible – especially if moisture is leaking.

But how does it affect us?

If you’re a lucky, normal person, the immune system detects the spores, and the worst thing that will happen is that you’ll have a coughing or sneezing fit – ever done this when you’ve been in someone’s house for the first time? It’s not rude – they’re being rude by trying to poison you with spores…

People most at risk to household moulds are those who are in poor health, are children or the elderly. The spores harm you by weakening your immune system and making you liable to get sicker, more regularly, which is the theory behind Brittany Murphy’s death.

The mould can cause allergic reactions, asthma most noticeably, as the immune system reacts to the spores. It grows aggressively in the body and stops vital organs working.

Murphy’s death by mould theory is offered more credence when you consider that Simon Monjack, the husband of Murphy, died five months after his wife from respiratory problems.

How can you protect yourself? This stuff is invisible…

•    Open windows every day
•    Use extractor fans when cooking
•    Repair all cracks and chips in windows
•    Ventilate your bathroom
•    Keep an eye out for Wasp nests, they are prime locations for mould.

If you can smell anything damp, or have condensation on your windows, act immediately, as when you see the mould, it may be too late.

Have you ever been ill as a result of mould? Why not comment and let us know your thoughts.