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Legal Update - Importance of implementing a Safe System of Work policy

Road Legal
Ensuring safety in the workplace is now more crucial than ever and WM Russell & Sons Limited, a family-owned skip hire, waste, and recycling business, gained personal experience of the severe ramifications that failing to implement a safe system of work (SSOW) can have.
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On 9 April 2021, Barry Edward Pae, an employee of WM Russell & Sons, sustained serious and irreversible injuries from attempting to change the blades of a rapid granulator machine. These injuries include a complete amputation of his left index, middle and ring finger – and an open fracture to his left wrist.

Following an investigation by the Health and Safety Executive, it was concluded that the company had failed to provide sufficient information, instruction and training on how to isolate the granulator when changing the cutter blades or carrying out other maintenance. WM Russell & Sons pleaded guilty to breaching Section 2(1) and 33(1)(a) Health and Safety at Work etc Act 1974 and was fined £24,000.

This unfortunate accident illustrates how, regardless of the industry, creating and maintaining a SSOW should always be a priority. A SSOW is a thorough analysis of potential hazards followed by the development of competent procedures to mitigate those risks. Then, through review and effective communication among the workforce, these systems can be altered and improved. Although seemingly complex, SSOWs are indispensable as they are designed to reduce risk, protect employees and, ultimately, save lives.

 

TRAINING:

DRIVER CPC: CHANGES IN 2024 AND 2025

In 2023, the government consulted on making changes to Driver CPC. It has concluded that there will be alterations to make the training more flexible for people who only drive in the UK. The DVSA has published guidance on how this will change.

Subject to parliamentary approval, later in 2024, drivers will be able to choose to stay qualified using one of two routes: International Driver CPC or National Driver CPC. The former will be the new name for how Driver CPC currently works. Drivers will need to take 35 hours of International Driver CPC training every five years to be allowed to drive in the EU and the UK.

Meanwhile, National Driver CPC will be a more flexible version of the existing Driver CPC. If drivers only need to drive in the UK, they will be able to take either 35 hours of National Driver CPC training every five years, or a combination of 35 hours of National Driver CPC and International Driver CPC training over the same time period.

If their training deadline is before the changes are introduced, individuals must stay qualified using the options available to them at the time. Drivers can be fined up to £1,000 for driving professionally without Driver CPC.

Under the current rules, if the Driver CPC has expired and the individual wants to return to driving, they need to take 35 hours of training before being allowed to drive again. This situation is set to change under the proposed changes. The steps to take will depend on how long ago their International or National Driver CPC expired and the guidance sets out various options, all subject to parliamentary approval.

 

FACT FILE:

BACK ACADEMY TRAINING 

If you are an occasional driver and are looking to top up your Driver CPC hours, the two-day transport manager refresher course offered by Back Academy (the training arm associated with Backhouse Jones) is now fully DVSA accredited for the purposes of Driver CPC. This means that attendees will be entitled to D-CPC of 14 hours if they attend both days.

The academy recommends booking early as there are limited places and it anticipates a last-minute rush as many people have a deadline of 9 September to complete their hours, as mentioned in last month’s edition of the magazine.

 For further information, or for booking details, email info@backacademy.com.

 

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