IOSH EDINBURGH BRANCH

Minutes of 171^st  Edinburgh Branch Meeting

Craighouse Campus, Napier University, Edinburgh – Thursday 13 April 2006 - 130pm

Sederunt:  M Hinchcliffe S McMorland J Davis S Heesom I Murray L Crichton A Bell D Gillispie B Byrne I Sinclair G Lyall J Fisher S Boucher S Morton N MacDonald J Robertson P Quill I Hepburn G Oxtoby C Shiels R Brownlie A James D Cawkwell K Driscoll K Lloyd V Stewart G Dickson A Curran G Dick C Armstrong B Hamilton A Dick C Castell A Finnie L Young A McLeod B Chisholm M Bancroft M Johnstone A Green J Hamilton P Keogh N Kelly R Hall B Morris N Barclay M Crowston S Daly C Wilmott T Thom M Galloway R Walker A A Pittendrigh C J Foggo S McPhillie P Brown J McMahon D Burns T Neilson P Graham S Stanfield K Breen R Bradford R Thomson B Davies S McColm H McCrea C Black

Apologies: Andrew Reid, Andrew Sharman, Simon Hunter, Dave Sinclair, Allan Thomson, Laura Polson, Harry Gardner, Bob Stainton, Dick Morrison, Bob Hammond, Shumba Njerere – Mambo, Alastair Baily, Russell Brownlie

1. Chair: Marion Johnstone took the Chair and outlined the Safety arrangements (Fire) and reminded people to switch off Mobiles

2. Minutes of previous meeting - March 2006

• Accuracy: Agreed correct: Proposed – Graeme Lyall; Seconded – Allan Dick.

• Matters arising not on the Agenda 

     None from the Exec

3 Correspondence

3.1 Job Spot

· Shirley Parsons Associates Ltd H&S OFFICER VACANCY Salary £27 - 33k (negotiable dependant on experience) + car + final salary pension. Closing date: 17th April 2006. Contact: Gerry Pearson Tel: 0129 661 1303 email: gerry.pearson@shirleyparsons.com

· Shirley Parsons Associates Ltd Experienced health and safety consultant/trainer required to deliver a variety of training courses, conduct audits, site visits and consultancy work throughout Scotland and the north of England. £35k, based in Central Belt of Scotland. Job Reference GP230 E gerry.pearson@shirleyparsons.com P 01296 611303

· An established architectural company is looking for a planning supervisor to join their team. Salary is £25k.
Please contact Liam Tiddy at Shirley Parsons Associates for more details. Email liam.tiddy@shirleyparsons.com or tel number 01296 611302

3.2  HQ

Membership

National: 29180    Branch: 821

Chartered Fellows -17;   Fellows – 5; Chartered Members – 165;   Members – 219;    Graduates – 11;

Technician Members – 284;  Affiliates + Retired – 119.

3.3 Forthoming events

• April 18. Accelerating Change in Construction. How will the revision to the CDM Regulations support your Construction Team? In association with the CIOB Dundee Centre, law firm Burness: Moira Boyd: 01382 228545  admin@dundeechamber.co.uk. Details on Tayside Construction Forum: www.taysideconstructionforum.co.uk

• 19 April: IEMA Scotland Central: A Practical Approach to Improving Environmental Performance: Working on Attitudes: Bell College

• 26th April:  Free seminar – asbestos, cdm, personal safety,  behavioural safety. Dundee 9-1: Best Western Invercarse Hotel. www.sypol.com  01383 749600

• Friday 28th April: West Lothian Council/West Lothian Trade Union Council/Scottish Hazards Campaign Group: International Workers’ Memorial Day Seminar: 10-12: Bathgate Sports Centre. Email Branch Secretary.

4. Group Reports

• Branch Education Development Officer    – Liz Young

• Groups

Public Services: Marion Johnstone

The National Safety Sympsium would be held at the Holiday Inn, Leicester 4/5 Sept..

The recent HSE guidance on asbestos is schools implied that it only applied to England and Wales – she was seeking clarification from the HSE.

29 Local Authorities were working to implement the HSE stress standards using a 3 tier support system.

The Group were trying to set up an open forum on the IOSH website for all PS members.

Environment:  Julian Davis – reminded members of the monthly newsletter he circulated plus information received via HQ – those interested in receiving this should email him.

Construction: Allan Dick – would be attending the next meeting in June and would report back.  Noted the possibility of a new Group: “Major Hazards” being formed.

• Forth & Tay District:

Had had a successful meeting with Jake Fention speaking on the Scottish Parliament: Health, Safety and the Work Environment. This encompassed migration of MSPs etc to the building, issues associated with populating the building, on-going maintenance and building management.

The Site visit to the Binn Ferin Landfill Site on 1 June was well subscribed.

The venue at Dewar’s Ice Rink in Perth would continue to be used for another year.

5. Members Items

• Risk Assessment: assistance needed for pillion passengers on tours of the city on the back of a motorbike: chris@asensio.co.uk

• Secretary’s Sipper Golf Tournament: Fri 19^th May: Haddington: £27 (bacon roll, golf, two course meal). Need minimum 8 people. Andy Finnie: finnie8855@btinternet.com

• AGM – nominations needed – forms available.  Nominations received after today would only be accepted if there were no valid nominations received by today.

• Site Visit – 30 June Royal College of Surgeons of Edinburgh – need to book soon.

• Branch Exec propose to support the nomination of Dave Sinclair to be a member of IOSH Council.

• IOSH Today – daily paper from IOSH06 – available on IOSH06 website and will also be on Branch website. [Secretary’s Note – these are pdf files too large for the Branch website but any member who wants a copy can email me].

· Derek Cawkwell mentioned that Speedyhire were in the business of hiring equipment for work at height and had spent considerable time/expense developing compliant options.  They were willing to run seminars on equipment for safe working at heights for small groups at their site.  Sessions would consist of a talk and practical session, including hands-on time trying out equipment. He would collate requests to attend these – email Derek.Cawkwell@cronerconsulting.co.uk.

• 10 minute presentation – D Cawkwell - Control of Vibration at Work Regulations 2005.

Derek’s presentation is available by email from the Secretary.  This sparked a discussion on the difficulties of measuring vibration on the actual job as opposed to the laboratory situation.  Members mentioned websites where information was available.  The Secretary agreed to distribute details.

6. Guest Speaker

Brian Chisholm, BSc,FSS, G.I. Fire E. formerly Group Manager: Community Safety, Business and Commerce: Lothian and Borders Fire and Rescue Service

New Fire Bill Scotland - how the Fire and Rescue Service intends to audit it

Chapter 1

Fire Safety Duties

Fire Safety Enforcement Implications

What premises does the Act apply to?

• Confirmation that ALL workplaces are included and further clarification that.

• H.M.O. premises (78)(5)(a)

• Care premises (78)(5)(b)   Are included

• Section 78

Responsible Person
definition?

• Term does not exist in the Act

Section 53 of the Fire (Scotland) Act 2005 identifies

‘Duties of employers to employees’

Section 54(1)(3) and (4) clarifies other persons who would have these duties so It is more relevant to think in terms of

    ‘the person who has the duty to comply with the appropriate sections’

Who is responsible?

• Compliance is your responsibility if you are;

• Employer or;

• Owner of premises or;

• Person who has control to ANY extent (duty manager / area manager) or;

• Contract or Tenancy agreement (franchise) or;

• All of the above (joint responsibility)

Section 53, Sec 54(1) (3) (4)

Competent Person!

The ‘Fire Safety in Scotland’ draft regulations offer the following guidance;

Regulation 2(1). ‘competent’ means that the person has sufficient training and experience or knowledge and other qualities to enable that person-

2 (1) (a)             ‘in relation to regulation 9(3)(b), properly to implement the measures referred to in that regulation;

• That is-            “NOMINATE COMPETENT PERSONS TO IMPLEMENT MEASURES FOR FIGHTING FIRE IN PREMISES, THEIR TRAINING AND ADEQUATE EQUIPMENT”

       Reg. 9(3)(b)

Competent person!

Regulation 2 (1) (b)

In relation to regulation11(1)(b)

     ‘Properly to implement the evacuation procedures referred to in that regulation’

“nominate a sufficient number of competent persons        to implement those procedures in so far as they   relate to the evacuation of relevant persons from the           relevant premises”

            Reg. 11(1)(b).

Competent person!

• Regulation 2(1)(c) in relation to regulation 13 (1), ‘properly to assist in undertaking fire safety measures’

This means that a competent person with duties under Section 53 or 54 of ‘The Act’;-

• must nominate one or more competent persons to assist him/her in undertaking fire safety measures.

• Must ensure adequate co-operation between them

• Must ensure that they have adequate time and means at their disposal to allow them to carry out these duties.

    Reg. 13(1)

What am I responsible for? 

• Consider effect of fire on;

• Employees

• Any person who may lawfully be in the premises

• Any person who may be in the immediate vicinity of the premises

Section 54 and 79 (interpretation of “relevant person”)

What am I responsible for?

• Any part of a premises to which an employee has access while at work

• Any relevant premises (other than a public road) which provides a means of access to or egress from a place of work; or

• Where facilities are provided for use in connection with the place of work

 Section 79 (interpretation of “workplace”)

What are my duties?

• Carry out a Fire Risk Assessment

• Review the Fire Risk Assessment

 Section 53(2)(a) and 53(3)(a)

What should be considered in completing a Fire Risk Assessment?

• Avoiding risks

• Evaluating risks which can’t be avoided

• Combating risks at source

• Adapting to technical progress

• Replacing dangerous with non dangerous or less dangerous

Section 55(3)(a)-(e)

What should be considered in completing a Fire Risk Assessment?

• Develop coherent overall fire prevention policy which covers technology, organisation of work and the influence of factors relating to the working environment

Section 55(3)(f)

What should be considered in completing a Fire Risk Assessment?

• Giving collective fire safety protective measures priority over individual measures

• Giving appropriate instructions to employees

• Section 55 (3)(g)-(h)

What can I use to help me comply?

• Comprehensive building information

• Occupant information

• Passive and active fire safety measures

• Management procedures and attitudes (evidence)

• Training and maintenance records

• Building fire safety manual

Section 57 Regulations to compliment Part 3

   Matters to be taken into account in relation to:

• Substances

• Other matters

• Reviews before employing persons of specified description

• Record keeping

• Circumstances where reviews must be carried out

   Section57(2)(a)-(e)

Section58 Regulations may be made for the following

• Precautions which must be taken or observed

• Imposing requirements on ‘persons’

• Provision, maintenance and keeping free from obstruction of any means of escape in case of fire

Section 58(2)(a)-(c)

Section58 Regulations may be made for the following

• Provision and maintenance of means for securing that any means of escape can be safely and effectively used at all material times

• Provision and maintenance of means for fighting fire and means for giving warning in event of fire

• Internal construction of premises and the materials used in that construction

Section 58(2)(d)-(f)

Section58 Regulations may be made for the following

• Prohibiting the presence or use in relevant premises of equipment of a description specified in regulations or prohibiting its presence or use unless standards or conditions so specified are complied with

Section 58(2)(g)

Section58 Regulations may be made for the following

• Where relevant premises form part of a building, enabling arrangements to be entered into with owners or occupiers of other parts of the building for the purpose of enabling persons who are subject to duties imposed by this act

Section 58(2)(h)

Section58 Regulations may be made for the following

• Ensuring that employees receive appropriate instruction or training in what to do in the event of a fire

• Securing that in circumstances so specified numbers of attendants so specified are stationed in parts of the building so specified

Section 58(2)(i)-(j)

Section58 Regulations may be made for the following

• The keeping of records of instruction or training given or other things done in pursuance of the regulations

• The giving of assistance or information by any person concerned in the enforcement of requirements imposed to any other person so concerned for the purposes of any requirement

Section 58(2)(k)-(l)

Provision for protection of firefighters

• Section 59(1) makes regulations which will confer a duty to ensure that as well as safety for employees in event of a fire you must make provision for the safety of firefighters in event of a fire in premises

How will the Fire Authority enforce the Regulations?

Enforcement Policy and procedures

How will Fire Authority enforce Legislation?

• Determine level of Risk in premises

• Determine level of Compliance by responsible person/premises

• Determine Frequency of Future Audit

• Determine appropriate Enforcement Action after audit

How will F.A. Enforce Regulations?

Methodology

• May be audited by appointment

• On complaint

• After fire inspection

• 30-45 minute interview with responsible person at the time of audit

• Sample inspection of premises

• Full inspection of premises

Methodology

• Each question answered will have a numerical value

• Initial enforcement expectation (compliance level) will be assessed pre audit

• Some questions will determine a risk weighting

• Total score added to risk weighting determines final compliance level and risk rating

• This final figure is compared to a compliance level/enforcement action table

Objectives

• Drive down risk of fires in workplace

• Raise level of responsibility by owners/occupiers/employers

• Transparency of enforcement expectation

• Robust enforcement based on evidence

• Follow where applicable good enforcement concordat

• Work WITH owners/occupiers/employers to achieve compliance where possible

Miscellaneous

• All premises previously inspected by F.A. on request under ‘consultative’ legislation now categorically inspected by legitimate ‘Enforcement powers’

• Onus is on occupier/employer to show compliance

• L&B model has been recommended by CFOA Scotland and is currently being promoted in all 8 Scottish Brigades

• Compatible with changes to Licensing (Scotland) Act, Building Scotland Act 2003, Changes to BS5588 and BS5839, Regulation of care Scotland Act 2001etc

7. Closing details

• Dates of next meetings

Edinburgh Branch

11 May: AGM - IOSH President-Elect: Lisa Fowlie. Interest speaker – Ian MacIntyre: Vice-president of Royal College of Surgeons of Edinburgh.
Free buffet lunch from 1230pm. Anyone with special dietary needs please let us know.

Closure – Take away literature -Tea/Coffee – Mingle

Max Bancroft, MRSC, MIOSH  

Branch Secretary

Brian receiving a small gift from Branch Chair Marion Johnston