OCCUPATIONAL HEALTH - 28.09.2020

Employees’ health at risk from incompetent advice

Two health and safety consultants have been fined relating to their inadequate advice on occupational health. What happened and how can you avoid sharing the blame when an advisor gets it wrong?

Poor job

Clive Weal (C) worked as a self-employed independent health and safety consultant. However, despite a lack of qualifications he gave advice to a client on the risks of hand-arm vibration, workplace noise and the control of substances hazardous to health. It’s unclear how the HSE became involved, whether it was due to a complaint or a report of occupational disease, but inspectors uncovered some major errors on C’s part. He incorrectly informed the client to control hand-arm vibration risks by issuing anti-vibration gloves (the scientific evidence suggests that they are ineffective in reducing the ill effects of vibration and it was a very long way from the comprehensive advice he should have provided). It was also found that C had failed to identify the occupational asthma risk from isocyanates in paints. This knowledge is pretty basic for any health and safety professional.

His down-playing of the hazards of noise, hand-arm vibration and substances hazardous to health was deemed to have led to ineffective remedial action by the client, putting their employees at risk of ill health. C pleaded guilty to breaching s.3(2)Health and Safety at Work etc. Act 1974(HSWA) and received a fine of £1,400.

Worker damaged by vibration

In another case a vehicle sales company and an occupational health and safety consultant were fined after a worker developed hand-arm vibration syndrome (HAVS). The employee, who regularly used handheld power tools to make small area repairs to car panels, was diagnosed with HAVS in 2013. The HSE found that Perrys Motor Sales Ltd (P) had not adequately assessed or controlled the health risks and that even following the diagnosis, appropriate action was not taken to protect the worker. Contributing to the situation, consultancy firm S & Ash Ltd (previously known as Sound Advice Safety and Health Ltd) (S) had been engaged to provide HAVS health surveillance for employees. However, S’s advice in response to the health surveillance results was inadequate. The company also failed to provide the worker with the result of the health surveillance even though he had requested it. In court S pleaded guilty to breaching s.3(1)(HSWA) . It received a £4,000 fine and was ordered to pay costs of £8,716.

In it together

However, P was also charged with breaching s.2(1)(HSWA) and Regulation 8Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 . The company pleaded guilty and was fined £140,000 with £7,658 in costs.

Tip. Employers cannot simply pick any consultancy firm advertising that they “do” occupational health and leave them to get on with it. If they’re incompetent or do a really bad job you might be implicated. Select carefully, ensuring the firm is a member of a relevant professional body, then work with them to develop a programme of health surveillance (see The next step ). Allow time in the contract for the firm to advise on the next steps you need to take after the health surveillance has been completed.

For HSE information on finding a consultancy to help with health surveillance, visit https://www.tips-and-advice.co.uk, Download Zone, year 19, issue 02.

One advisor just didn’t know the basics, whilst the second undertook health surveillance but didn’t give adequate advice on what to do with the results. The company that hired the second consultant was fined £140,000. Check for a relevant professional membership and ensure there’s provision in your contract for follow-up advice.

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