Newsletter October 2009
Excellent Practitioner Awards
We are pleased to announce the very first winners of the Ai Solutions Excellent Practioner award which was highlighted in last month's newsletter. They are Trevor Olsson from The City of Bradford Metropolitan District Council and Margaret Sackey of Transport for London.
This is a new award and is given to recognise expert, exceptional and excellent performance by individuals using our ToolKit Compliance System.
Both Trevor and Margaret have consistently demonstrated their expertise and professionalism in the implementation and process management of CDM compliance, (using ToolKit) within their organisations. They have been, and continue to be, real "movers and shakers" as well as leaders, in ensuring that good CDM management is adhered to and maintained.
Consultancy Services
Many of our users are aware that we have enhanced our ability to provide consultancy services rather more widely than our software origins might indicate. This has been an important year for us in several respects. We now have two fully qualified NEBOSH personnel on board and are able to supply training and consultancy in matters connected with the CDM and Asbestos health & safety regulations. This means we are able to supply on site training for instance in the CDM regulations.
Our involvement with the development of CDM Guidance Documents with some of the larger CDM users in the UK has again been very successful this year. The provision of the documentation has provided step by step processes through the management cycle of CDM projects and orientation to the CDM Management Console in our ToolKit CS™ product. The Console becomes the focus for managers who are keen to ensure compliance with the regulations; the one remit for many to get involved with CDM management in the first place.
A third area of particular interest to us as suppliers is the Auditing process. Again, with in-house resources qualified in delivering auditing consultancy, we are able to advise on and deliver external audits where these are required.
ToolKit CS™ September 2009 Release
I am pleased to announce that our September 2009 release for ToolKit CS™ has again been distributed as scheduled. Our developers have continued to do a sterling job in getting the release ready for you our users and we ask that you install the product update without delay as per our agreement with you.
On Line Free ACoP
The HSE have recently announced that they now want everyone to have free access to their advice, guidance and regulations by making around 50 publications available on their web site in pdf format. More will follow. This is good news and follows the thinking of the earlier CDM policy makers who had been trying to establish this principle for many years.
Corporate Manslaughter - first case
Our colleagues at Callsafe report in their latest newsletter that the first Corporate Manslaughter case to be brought to court is to be tried in February 2010. The case against Gloucestershire-based Cotswold Geotechnical Holdings is due to the death of one of their Junior Geologists in September 2008. He was killed when a pit in which he was taking soil samples as part of a site survey collapsed on him.
The company has been charged under the Corporate Manslaughter and Corporate Killing Act 2007 with the unlawful killing of their employee by gross negligence. Director, Peter Eaton, is also charged with gross negligence manslaughter and for a breach of s37 of the HASAWA.
Although the trial is set to take place at Bristol Crown Court, opening on 23 February 2010 and is likely to last six weeks, the company and the Director have yet to enter a plea. The plea hearing, originally planned for August, is now due to take place in October; subsequent to the defendants' barrister requesting more time.
Prosecutions by the HSE
Reading the excellent Callsafe Newsletter this month, I am struck by the rise in prosecutions reported there. In addition to the corporate manslaughter case reported on elsewhee, there are three this month:
- Truck Driver strikes power cables - site owner fined £1,600 plus costs
- Firm failed to report asbestos - company fined £12,000 plus costs of £28,000
- Crane collapse death - company fined £389,299
The HSE tend to work progressively with regulations, starting with a honeymoon period for the first months following changes in legislation. With the last major changes taking to the statute books in April 2007, we appear to be well past any honeymooning.
The next review of CDM is imminent to tie in with a five year review cycle. And interesting, the EU have apparently got an input next time round as part of their own inter-member state review process too.
More Information
We regularly receive updates from our customers and contacts about changes to legislation, the latest rumours and so on. We try to be selective with what we pass on and acknowledge our sources as appropriate. If you have information of general interest in the Health & Safety, and particularly, CDM and Asbestos Management arena, then please let us know by e-mail if possible.