Crossrail death and injury leads to prosecution

Three incidents that took place during the construction of the new Crossrail railway tunnel construction, which runs east to west across London have resulted in the Health and Safety Executive (HSE) informing BAM Nuttall Limited, Ferrovial Agroman (UK) Ltd, and Keir Infrastructure and Overseas Ltd that they will be prosecuted.

All three companies will appear at Westminster’s Magistrates Court in January 2017 to face four charges, each. Two relating to the death of Rene Tka’cik on the 7 March 2014 and one each relating to injuries to Terrence Hughes on the 16 January and Alex Vizitiu on 22 January 2015.

Rene Tka’cik died after he was crushed by falling concrete on the 7 March 2014 while working on the Fisher street cross-over tunnel. An inquest into Mr Tka’cik’s death revealed that:

  • a physical barrier to demarcate the exclusion zone, in which no one should enter, was not in place at the time of Mr Tkacik’s death. He was found in the zone following the accident at Fisher Street in Holborn;
  • the definition and supervision of the exclusion zone was unclear. The lack of physical demarcation caused confusion; and
  • the translation of daily briefings took place on an ad hoc basis.

The incident involving Terrance ‘Ian’ Hughes, took place while he was working between the Bond Street and Paddington section of the tunnel on the 16 January 2015 when he was crushed by a tipper truck. He suffered severe leg injuries.

Alex Vizitiu was working in the same stretch of the tunnel on 22 January 2015. He suffered head and hip injuries when he was struck by a high pressure mixture of water and concrete during a routine operation to clean concrete lines.

HSE’s Head of Operations, Annette Hall said:

“We have today informed the three contractors that they will each be prosecuted for the death of a worker and injuries sustained by two others, in three separate incidents on the construction project.

These were all serious incidents and resulted in the death of one of their workers.  We have concluded following thorough investigations that there is sufficient evidence to prosecute and it is in the public interest to do so.”

 

BAM Nuttall Limited, Ferrovial Agroman (UK) Ltd and Keir Infrastructure and Overseas Ltd will each face four charges:

  • One charge under section 2 of the Health and Safety at Work etc Act 1974.
  • One charge under section 3 of the Health and Safety at Work etc Act 1974
  • Two charges under Regulation 22 (1)(a) of the Construction (Design and Management) Regulations 2007.

All three companies will appear at Westminster’s Magistrates Court in January 2017.

Fire Safety Doors – CE Markings

Will fire doors soon have CE markings? Read the review by Per Adolfsson of Brandposten Magazine

The EN 16034:2014 product standard, which covers, for example, fire doors, fire shutters, fire curtains, fire gates, and openable fire windows (not fixed fire windows), was made both a European and Swedish standard in 2014.

However, CE markings are permitted only when the European Commission has cited the standard in the Official Journal of the European Union (OJEU). The European Commission cited the EN 16034:2014 with some conditions in 2015, and the starting date was set to December 1, 2015, and involved a three-year coexistence period.

These conditions were not met by December 1, 2015, so the starting date was first moved to September 1, 2016 and then to November 1, 2016. The conditions are now met so probably there will be no more delay.

However, it is most likely that CE-marking cannot be done to the EN 16034 alone. It must be combined with other standards: windows and external doors must be CE-marked according to EN 14351-1, internal doors to EN 14351-2, industrial/garage/commercial doors and gates to EN 13241-1 and power operated pedestrian doors to EN 16361.

However EN 14351-2 is not approved by CEN and EN 16361 is approved but not cited in the OJEU. This means that internal doors and power operated pedestrian doors cannot be CE-marked from the starting date of the EN 16034. The time schedule for EN 14351-2 and EN 16361 is unclear and hopefully we will have more information soon.

During the co-existence period, CE marking and national certification systems can be used in parallel, but a product cannot be simultaneously CE marked and marked according to a national approval system. In Sweden, this will mean that type approvals that include resistance to fire (for example EI 30) and/or smoke control (Sa/Sm) will be discontinued at the end of the co-existing period, which is November 1, 2019.

The standard prescribes the use of the AVCP (‘Assessment and Verification of Constancy of Performance’) 1 system, which means that the manufacturer must, among others, have a certificate issued by a notified product certification body (hereafter a ‘Notified Body’) as part of the documentation that is required to CE mark a product. SP has applied to become a Notified Body, although we are already able to perform the tests, assessments, classifications, and factory production inspections that are prescribed by the standard.

 

The road to CE marking

According to EN 16034, Appendix ZA, which relates to CE marking, a manufacturer can choose to declare the following essential characteristics:

  • Resistance to fire
  • Smoke control
  • Ability to release
  • Self-closing
  • Durability of ability to release
  • Durability of self-closing against degradation (cycle testing)
  • Durability of self-closing against ageing (corrosion)
  • All essential characteristics are subject to the AVCP 1 system, which, among other things, states that the Notified Body is responsible for sampling in connection with testing.

We recommend that SP is contacted prior to sampling being performed in order to ensure that it is undertaken in a manner that conforms to the requirements of the Construction Products Regulation (CPR). Prior to sampling, the Notified Body shall assess the need for testing, which is based on categorisation into product families and performed according to any relevant assessment (EXAP – ‘EXtended APplication of test results’) standards.

Categorisation into product families is normally done for each essential characteristic, which means that all similar doors in a range of doors are considered to be one product family.

Thus, one door in the product family is tested, and the results are considered to be applicable for all other doors in the family. The categorisation into product families and use of assessment standards are important tools for minimising the amount of testing to be performed.

The EN 14600 standard, which relates to all essential characteristics and which is referred to in, for example, EN 13501-2 and EN 1634-1, has recently been abolished, and parts of it have been added to EN 16034.

 

Resistance to fire

Resistance to fire is declared in classes (e.g. EI2 30), which are defined in classification standard EN 13501-2. A Notified Body issues a classification report based on fire tests performed according to EN 1634-1 and, if applicable, an EXAP report according to relevant standards in the EN 15269-x series. EXAP signifies an extension of the test result (assessment) according to regulations which are common throughout the entire EU.

According to Swedish building regulations, it is possible to replace a door belonging to the EI XX class with two classes in accordance to the European system, EI2 15/EW XX, where XX represents the time in minutes of resistance to fire. If, for example, the requirement on the door is EI 60, this is considered to be the equivalent of EI2 15 and EW 60.

It is the responsibility of manufacturers to ensure that doors function in conjunction with all possible hardware. This can be verified through manufacturers’ own test reports, or those of the manufacturers of the hardware that can be used as a basis for the EXAP report.

That a hardware is itself CE marked for use with fire-resistant and/or smoke control doors is normally not sufficient, as it is not guaranteed that the CE marking of the hardware is valid together with any given door type.

Performance tests should be carried out for doors that are to be fire tested by opening and closing them 25 times. For doors that have been equipped with a self-closing function, the door should be opened manually and allowed to close normally. A special shakedown test (5000 cycles) should be performed for doors which contain material that can be compressed, for example loose-fill insulation, or that is in any other way sensitive to shaking and vibration.

Doors equipped with a self-closing function are normally fire tested with the closing function disconnected, in order to facilitate classification of the door both with and without the self-closing function.

 

Smoke control

There are two classes for smoke control – Sa and S200 – which are defined in the classification standard EN 13501‑2. Sa applies to smoke control at room temperature and S200 to smoke control at a temperature of 200°C. A Notified Body issues a classification report based on testing performed according to EN 1634-3 and, where applicable, the EXAP report.

Performance testing should be performed for the door that is to be fire tested. The door is opened and closed 25 times. If the door has been equipped with a self-closing function, the door should be opened manually and allowed to close normally.

 

Ability to release

This performance characteristic is to be tested if the door is delivered with electrically controlled door holders, for example electromagnetic door holders.

This testing is best performed in connection with fire-resistance or smoke control testing. As a rule, the testing is simple to perform, and involves holding the door open using the powered door holder and simulating a fire alarm by, for example, cutting the power, after which the door is to close.

This is repeated three times, and the door should close during all three tests. Passing the test is expressed as ‘released’.

 

Self-closing

This performance characteristic is tested only for self-closing doors. Testing is performed prior to fire-resistance and/or smoke control testing, and involves opening the door 10 or 30 degrees, after which it is released and the door is then to close.

The opening angle is 10 degrees for doors with a closing function that features a controlled closing speed (normal door closers) and 30 degrees for doors with an uncontrolled closing speed (such as those fitted with spring hinges). For double doors with a door coordinator, testing is performed for both leaves together and also each door leaf separately. Passing the test is expressed by ‘C’.

 

Durability of the ability to release

This performance characteristic is satisfied if the electrically controlled door holder meets the requirements of the EN 1155 or EN 14637 standards. Compliance with the standards is expressed as ‘release maintained’.

 

Durability of self-closing against degradation (cycling testing)

Testing of resistance to repeated opening and closing is performed according to the EN 1191 standard for pedestrian doors and the EN 12605 standard for industrial doors, garage doors, etc, and involves opening and closing the door for a number of cycles, dependent on the desired use category.

There are six categories – 0 to 5 – which are defined in EN 16034. Category 0 means 1-499 cycles; 1, at least 500 cycles; 2, at least 10,000 cycles; 3, at least 50,000 cycles; 4, at least 100,000 cycles; 5, at least 200,000 cycles.

Swedish building regulations recommend category 1 as a minimum. However, a ‘better category’ can be necessary, depending on the intended use of the door.

The test result is expressed with a digit of 0 to 5 according to the use categories.

 

Durability of self-closing against ageing (corrosion)

Hardware should meet the ageing (corrosion) requirements of the hardware standards, which are listed in EN 16034, and, if possible, be CE marked. If there is no relevant standard, the hardware should be tested and assessed according to EN 1670.

Door manufacturers that have hardware that they have developed themselves (hinges, for example) and that are only used in their own doors are exempt from the requirement relating to CE marking, but the products should still meet the requirements of the relevant standard.

Compliance with the standards is expressed as ‘achieved’.

 

Factory production control (FPC)

The manufacturer should have systems in place for production control in the factory (FPC systems) so as to ensure that products that are CE marked continually fulfil the characteristics of the Declaration of Performance (DoP). FPC-systems must include, among other things, a test plan and routines for the handling of non-complying products, control and testing, and modifications to products.

A manufacturer who has a quality management system that is certified by an accredited certification body according to EN ISO 9001:2015 can be considered to fulfil some of the basic requirements of the FPC system. This includes, for example, control of document, responsibilities and authorities, the management of measuring equipment, and so on.

An initial inspection of the FPC system and the factory should be made by the Notified Body, and all nonconformities must be resolved by the manufacturer prior to the issuing of the certificate. Subsequently, inspections are normally performed at yearly intervals. Additional inspections may have to be performed if modifications are made to the production process, FPC system, or product.

The manufacturer is obligated to consult the Notified Body prior to making modifications to any of these if these modifications would in any way affect the performance of the product as stated in the Declaration of Performance.

 

CE marking certificate

When all aspects are satisfactory and in accordance with the above, the Notified Body issues a certificate of constancy of performance of the construction product.

The certificate is not a public document, and should be used by the manufacturer as a basis for the Declaration of Performance. There are, however, no restrictions on the manufacturer distributing copies of the certificate to, for example, its clients on a voluntary basis.

During market surveillance, the manufacturer must submit certificates and other documentation, which form the basis for the Declaration of Performance, to the responsible government authority.

The certificate is valid until further notice under the condition that the FPC system is maintained and the product remains unchanged. If changes are made to the product or the standard is updated, a new or revised certificate is normally required.

 

System houses

System houses such as Forster, Sapa, Schüco, and Stålprofil do not, unlike in the type approval system currently in place in Sweden, receive their own certificates within the CE marking system.

They may, however, submit documentation (classification reports, test reports, and so on) for one or more essential characteristics to systems manufacturers (also called assemblers), who in turn can use these as a basis for certificates.

These assemblers should have a FPC system which includes the manufacturing instructions of the system house, their own Declaration of Performance, CE mark under their own name, and so on – that is, everything that is required of a ‘regular’ manufacturer.

Agreements that regulate responsibilities, obligations, and other terms should be drawn up between the system house and the assembler.

 

Doors partially manufactured on the construction site

CE marking is valid for complete doors that are manufactured in a factory. If a door is sold without essential components, such as hardware or a glass, a Declaration of Performance cannot be made and CE marking cannot take place.

If the manufacturer sells a complete door but the hardware and/or glass are installed at the construction site, the door can be CE marked if the door manufacturer assumes responsibility for the completion of the door within their own FPC system.

It is as yet unclear how other variants will be handled within CE marking, for example if the door manufacturer prepares the door for hardware which are subsequently installed by the contractor on the construction site.

Installation of the completed door in the connecting wall is not part of CE marking, but the door manufacturer must provide installation instructions (see below).

 

Declaration of performance

The manufacturer should draw up a Declaration of Performance of their own accord, the contents of which should adhere to the CPR and Appendix ZA of EN 16034. The manufacturer can choose to declare ‘NPD’ – that no performance has been determined – for one or more essential performance characteristics.

The Declaration of Performance is a public document and must accompany the product, either on paper or electronically. Alternatively, the Declaration of Performance can be published on a website if certain conditions are met. However, a paper copy should always be available on request.

 

Examples of CE marking for which SP is a Notified Body

cE
0402

(SP’s identification number as Notified Body)

Manufacturer Ltd, P.O. Box 11, SE-103 50, Lund, Sweden (The manufacturer’s name and address)

16 (The last two digits of the year when the CE marking was affixed the first time)

Q54-2016-05-17 (Reference number of the DoP)

EN 16034:2014 (No. of CE marking standard)
Q54-2016-05-17 (Unique identification code of the product-type)

Fire and/or smoke compartmentation and/or escape routes (Intended use of the product according to EN 16034:2014)

(Level or class of the performance declared)

Resistance to fire (for fire compartmentation uses):

E: 90

EI1: 60

EI2: 90

EW: 60

Smoke control (only for applications where limitation of smoke spread is required): S200

Ability to release: released

Self-closing function (only for self-closing fire resistant and/or smoke control doorsets and/or openable windows): C

Durability of ability to release: release maintained

Durability of self-closing (only for self-closing fire resistant and/or smoke control doorsets and/or openable windows):

– against degradation (cyclic testing): 2

– against ageing (corrosion): achieved

 

Product marking

It is the responsibility of manufacturers to affix a CE marking such that it meets the requirements of the CPR and Appendix ZA of EN 16034.

The marking should be placed on the door and present information in a manner similar to the example opposite. If this is not possible, it should be given on the packaging or in the accompanying documentation.

 

Dangerous substances

Manufacturers are in some instances required to provide information regarding dangerous substances, in accordance with the REACH chemicals regulation, together with the Declaration of Performance. This information is not checked by the Notified Body.

Manual and safety regulations

According to the CPR, the manufacturer must include instructions for users and safety information with the door. These documents are not inspected by the Notified Body.

 

Language requirements

For construction products that are sold in Sweden, the marking label with the CE marking should be in Swedish, but this is not a requirement. The Declaration of Performance, instructions for users and safety information must be in Swedish, however. Language requirements in other member states can be obtained at ‘contact points’, which are listed at www.boverket.se.

Remark: The Swedish National Board of Housing, Building and Planning will provide Swedish translations of essential performance characteristics, which are currently only available in English, in the future.

 

The CPR applies

The configuration of the Declaration of Performance and CE marking, retention period for the technical documentation, and other such matters should conform to the requirements of the CPR. The CPR may contain information that contradicts that which is given in CE marking standards.

This is especially true for older standards, which were drawn up in relation to the Construction Product Directive (CPD), but it is the CPR that takes precedence, as it is an EU regulation and has the power of national laws.

More information on CE marking can be found in the EU Commission’s folder ‘CE Marking of Construction Products Step by Step’, which is available in English and other EU languages and can be downloaded from the EU Commission’s website. Find out more.

Brief review of the Oakland Warehouse Fire that killed 36

Sadly, the fire that broke out during a dance party in Oakland, California on Friday has now killed at least 36 people.  The building was ablaze from about 11.30pm on Friday night and was not extinguished until 4am, despite firefighters reached the warehouse within three minutes of being called. District attorney Nancy O’Malley initially said the ruins of Ghost Ship – a warehouse turned performance space – were “a potential crime scene” but that “it’s too premature to know where the investigation will lead us”.

Investigations have since revealed that a faulty refrigerator may be the cause.

There were many immediate risk factors within the building, inherent in nightclubs, theatres and other buildings of ‘assembly occupancy’.  The crowded, often dark spaces with combustible interior décor and heat sources like candles, stage lights or pyrotechnics, a warren of artist studios across two floors and their connection by a rickety staircase comprised of wooden pallets, with only two exits.

City records, which the investigators are trawling through, show a history of fire-code violations at the building.  A century ago fires that killed hundreds in theatres and nightclubs were not uncommon in the US.

It was the loss of 146 lives in New York’s Triangle fire of 1911 was one of several watershed moments that prompted changes to the fire code, the first standards for sprinkler installation and the construction of fire escape routes in the early 1900s.  Speaking to the New York Times, James Pauley, president of the National Fire Protection Association said:

“The adoption and implementation of fire codes, having an effective enforcement system that’s been put in place at the city, county or state level — those have been the key elements that have made the difference we have seen. When a deadly fire happens it is usually because something isn’t followed or something goes wrong or we learn something new.”

 

Victims of the Oakland fire so far appear to be in their 20s and 30s and include a teacher, musicians, the son of a deputy sheriff and university students.

Deputy fire chief Darren White said the search, which was paused amid fears the ruins were structurally unsound, had now covered about 70% of the warehouse and they were homing in on the origin of the blaze.

To download any of our free resources, Fire Safety Services, Fire Risk Assessment Specification, Fire Strategy Specification or Passive Fire Specification, please visit our Fire Safety Page,

Work Related Stress – are you aware of the statistics?

Work related stress remains one of the top causes of sickness absence.  The Health and Safety Executive (HSE) has published its latest Health and Safety at Work statistics for 2015-16:

Key figures for Great Britain (2015/16)

  • 1.3 million working people suffering from a work-related illness
  • 2,515 mesothelioma deaths due to past asbestos exposures (2014)
  • 144 workers killed at work
  • 72,702 other injuries to employees reported under RIDDOR
  • 621,000 injuries occurred at work according to the Labour Force Survey
  • 30.4 million working days lost due to work-related illness and workplace injury
  • £14.1 billion estimated cost of injuries and ill health from current working conditions (2014/15)

    Work Related Stress, Anxiety & Depression Statistics GB 2016

 

There is a separate set of statistics that specifically detail the figures for work related stress

 

The latest estimates from the Labour Force Survey (LFS) show:

  • The total number of cases of work related stress, depression or anxiety in 2015/16 was 488,000 cases, a prevalence rate of 1510 per 100,000 workers.
  • The number of new cases was 224,000, an incidence rate of 690 per 100,000 workers. The estimated number and rate have remained broadly flat for more than a decade.
  • The total number of working days lost due to this condition in 2015/16 was 11.7 million days. This equated to an average of 23.9 days lost per case. Working days lost per worker showed a generally downward trend up to around 2009/10; since then the rate has been broadly flat.
  • In 2015/16 stress accounted for 37% of all work related ill health cases and 45% of all working days lost due to ill health.
  • Stress is more prevalent in public service industries, such as education; health and social care; and public administration and defence. By occupation, jobs that are common across public service industries (such as healthcare workers;teaching professionals; business, media and public service professionals) show higher levels of stress as compared to all jobs.
  • The main work factors cited by respondents as causing work related stress, depression or anxiety were workload pressures, including tight deadlines and too much responsibility and a lack of managerial support.

Government proposals to imprison Killer Drivers

Motorists who cause death by dangerous driving could be sentenced to life in prison under plans put forward by ministers.  The Ministry of Justice (MoJ) has published a consultation (5th December), Driving offences and penalties relating to causing death or serious injury, on proposals that those who cause death by speeding, street racing or while using a mobile phone should face the same sentences as those charged with manslaughter.

Offenders who cause death by careless driving while under the influence of drink or drugs could also be handed life sentences – an increase on the current 14-year upper limit.

The consultation, which closes on 1 February 2017,

“delivers on the government’s pledge to consider the sentencing powers available to the courts for the most serious driving offences”, the department said.

There are also proposals to create a new offence of causing serious injury by careless driving, with a maximum sentence of three years, and to increase the minimum driving bans for those convicted of causing death.

Justice Minister Sam Gyimah said:

“We are determined to make sure the punishment fits the crime. My message is clear – if you drive dangerously and kill on our roads, you could face a life sentence.”

The MoJ said it hopes the measures would increase custodial sentences for causing death by careless or dangerous driving.

In 2015, 122 people were sentenced for causing death by dangerous driving, with a further 21 convicted of causing death by careless driving whilst under the influence.  It said

“the government is committed to ensuring that deaths or serious injuries on the road continue to fall” and is working to make sure that “the legislative framework that the courts operate within reflects the seriousness of offending and the culpability of the offender”.

 

Quantum questions this issue and whether complying with the law is merely enough.  Do you use your phone in the car, even through your Bluetooth system?  Read our article and view our video.

December 2016 Newsletter – Care Home closures and Charity Failings

 

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Care Home Closes

Amid serious safety fears

The private care home, Clinton House Nursing Home in St Austell, Cornwall, run by the Morleigh Group and which cares for 30 “vulnerable” adults, has closed amid serious concerns for residents’ safety.  Morleigh, which runs six homes in Cornwall, has confirmed three others are being investigated.

The care home’s owner said the “best option” was to close Clinton House because of the “significant challenges” it faced.

 

Have you downloaded the FREE compliance app, Qcom Safety Portal yet?

Charitable company sentenced over injury to service user

The Action Group, a limited company in Edinburgh, provides housing support services for vulnerable adults and children.

It has been sentenced after a service user was burnt at one of its properties.  The group has a variety of residential properties that it operates or leases. One of those properties is at Greenbank Grove, in the Morningside area of Edinburgh.

Myth-busting by the HSE

Council landlord bans use of mains extension lead on health and safety grounds

Local council bans tenant from using a mains extension lead from within his house, citing health and safety reasons..

Read the Panel’s decision HERE.

The HSE Myth Busters Challenge Panel provides a mechanism to independently challenge potentially disproportionate or inaccurate advice or decisions, made in the name of health and safety.

“We think that communicating these decisions will help all our clients with a better insight into the ongoing ‘perception v’s reality’ arguments which appear in the media from time to time”.
Phil Jones

From the Team

This months News Video!  You won’t want to miss this.

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Water Safety

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Easy access videos available to help ensure compliance.

 

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November 2016 Newsletter – Qcom Safety Portal

 

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Qcom Safety Portal

NEW Health & Safety App

This is a free app available for all devices and provides users with accurate compliance information across four major sectors; Health and Safety, Fire Safety, Asbestos and Water Safety

The app can be downloaded from devices’ app stores, for free, by searching ‘Qcom Safety Portal’.

Watch our information video to understand more. Click on the image below.

Fall in the workplace

A man has been killed on 11th October in a fall down a lift shaft at technology company, Telent Technology Services.

Paramedics helped remove him from the shaft but despite treating him immediately, he was confirmed dead at the scene, an ambulance spokesman said.

Myth-busting by the HSE

Council bans Refuse collection workers from wearing Christmas hats

Refuse collection workers in Colchester have been banned from wearing Christmas hats or anything Christmassy on the grounds of health and safety. The council have stated drivers and other road users could be distracted.

Read the Panel’s decision HERE.

The HSE Myth Busters Challenge Panel provides a mechanism to independently challenge potentially disproportionate or inaccurate advice or decisions, made in the name of health and safety.

“We think that communicating these decisions will help all our clients with a better insight into the ongoing ‘perception v’s reality’ arguments which appear in the media from time to time”.
Phil Jones

From the Team

This months News Video

Watch News Videos

 

Fire Safety

Have you visited our YouTube Channel?

Easy access videos available to help ensure compliance.

 

Free Company Health and Safety Policy

We have put together example health and safety polices for your use.
Simply tailor the contents to suit your own circumstances.Read More

Our compliance advice helps clients manage their risk exposures both nationally and internationally.

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  Contact Us

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