ISSUE 1 | JANUARY 2024

EMPLOYEE ENGAGEMENT AND TRAINING TIPS TO PUT WORKPLACE HEALTH & SAFETY FIRST

How Engaging Employees Can

Help Resolve Your Workplace
Temperature Challenges
We review the legal requirements and outline practical
ways you can help improve the working environment
for your staff.
SEE PAGE 8 >>

6 Changes of Circumstances which

Should Prompt You to Review Your
Emergency Risk Controls
Help your teams know what ‘a change of circumstances’
means and their role in keeping themselves safe and the
business legally compliant.
SEE PAGE 5 >>

5 Toolbox Talks to Boost Your

Employees’ Understanding of their
H&S Responsibilities
Improve your safety culture by helping staff understand
how their acts and omissions impact on others.
SEE PAGE 6 >>
Have the Courage
to Challenge Unsafe
Behaviour
Dear Reader,
At work I recently heard someone mention the phrase
‘professional courage’. They were talking about doing
the right thing at the right time and not turning a
blind eye to unsafe behaviours or conditions. I do like
this way of putting ethics into a modern turn of phrase.
No-one likes conflict and seeing a challenge looming
in front of you knowing that it is going to lead to
an uncomfortable discussion can make you doubt
yourself and stall for time. Our advice is to find a way
that works for you and for your personality. I have in
the past approached a team and said ‘There must be
a better way of doing this. Can I take a photograph
so I can devise a way to make this easier and safer
for you all?’ It’s my way of deflecting but letting the
team know I have identified an unsafe behaviour or
condition and I want to help them change it.
Having this type of safety conversation can open up
your workers’ acceptance and willingness to change as
you’re showing that you understand their situation and
are keen to support them and find a solution.
Yours Sincerely,
Carolyn Dukes CMIOSH
& Linda Crossland-Mead CFIOSH
Editors-in-Chief, Risk Assessment & Compliance
About the Editors
Carolyn is a registered OSHCR consultant. Her
occupational health and safety management
experience is wide-ranging and includes
time spent working in the education sector,
healthcare and law enforcement.
Linda is an occupational health and safety
consultant, specialising in risk assessment and
health and safety training.
2 www.risk-compliance.co.uk/resources
Inside this Issue:
6 Changes of Circumstances to Prompt You to
Review Your Emergency Risk Controls
SEE PAGE 5 >>
5 Toolbox Talks to Show Staff their
Responsibilities to Improve Safety
SEE PAGE 6 >>
How Engaging Employees Can Resolve Your
Workplace Temperature Challenges
SEE PAGE 8 >>
Latest Health and Wellbeing Report Reveals
Reduced Focus of Senior Leaders
SEE PAGE 10 >>
Safeguard Against Hazardous Substances
with Your Industrial Hygiene Checklist
SEE PAGE 11 >>
Online Resource Centre
You can download and customise all of the tools
found in this issue at:
www.risk-compliance.co.uk/resources
Access hundreds of risk assessment documents, Toolbox Talks,
checklists and records covering the core risk assessment areas and
stakeholder training. You can download these immediately, edit and
customise these to your organisation’s needs.
Go to: www.risk-compliance.co.uk/resources and enter your
personal password. Or, if you have not yet created a password, simply
follow the instructions on screen.
Ask the Experts Email Helpdesk
Get free personal, 1:1 advice from our team of experts,
including the Risk Assessment & Compliance
Editors-in-Chief, Carolyn Dukes and Linda Crossland-Mead,
our Health & Safety Adviser Editor-in-Chief, Ian Bollans
and the HR Adviser Editor-in-Chief, Jackie Le Poidevin. Just email your
query to editorial@risk-compliance.co.uk on any risk assessment,
general health & safety, HR or employment law issue you are facing
and you will receive an answer within 48 hours.

Firm Fined £200k for Maintenance Failures
Resulting in Serious Chemical Burns
E
ffective site and plant maintenance procedures are essential to ensure that workplaces are safe for employees
and anyone else who visits them. We review a recent case where both these and hazardous substance risk
management were inadequate, resulting in one visitor to the premises suffering serious chemical burns.
In this case, a delivery driver offloading his tanker at the Grimsby
site of minerals manufacturer, Tronox Pigment UK Ltd, stood in what
he thought was a puddle of rainwater but was, in fact, a pool of
water containing caustic, a corrosive chemical substance. The
pool of water and caustic had been caused by blocked drains and
the chemicals had leaked from the company’s scrubber system and
secondary containment. The driver didn’t realise at first that the
puddle was causing him injury and the subsequent burns required
skin grafts to the underside of both feet. The smallest toe on each
foot was amputated and he was unable to work for 12 weeks.
Tronox Pigment UK pleaded guilty to breaching Sections 3(1) and 33(1)
(a) of the Health and Safety at Work Act 1974. The company was
fined £200,000 and ordered to pay costs of £7,500. HSE inspector
Angus Robbins said: ’This was a disturbing incident given that an
innocent worker was suffering severe burns without, at first, realising.
Other delivery drivers visiting the area could also have been put at risk.
The incident could so easily have been avoided by simply carrying
out correct control measures and safe working practices.’
5 Key Risk Management
Compliance Failures
While the case was taken under general health and safety duties,
there were several key risk management compliance failures in this
case which contributed to the incident, the driver’s injuries and the
subsequent prosecution of Tronox Pigment Ltd. We look at 5 of them
and the relevant regulations:
1 Hazardous Substances (Control of Substances Hazardous
to Health Regulations 2002 [COSHH] regulation 7,
prevention or control of exposure).
Caustic is a highly corrosive substance which can cause
chemical burns or destroy things, especially anything made of
living cells. The controls for such substances must be effective
and robust. Employers must ensure that employees are aware
of the potential for harm to both themselves and anyone else
who may be exposed to the substance, including accidental
releases. The COSHH risk assessment must identify everyone
who is potentially at risk of harm in all scenarios, not just those
who work directly with the substance.
Action: Review your COSHH risk assessments to check if
potential exposure of non-employees has been identified as a
hazard, including as part of the emergency plan for accidental
releases where relevant.
2 Maintenance of Plant and Equipment (Provision and Use
of Work Equipment Regulations 1998 [PUWER] regulation
5, maintenance).
Under PUWER, employers must ensure that all work equipment
is maintained in an efficient state, in efficient working
NEWS AND TRENDS
order and in good repair. In this case, sump pumps had failed
causing a highly hazardous substance to escape containment
and be accidentally released.
Actions: Check your preventive and reactive maintenance
procedures for plant and equipment to ensure they are up to
date. Encourage employees to report faults or concerns
about the condition or operation of the equipment.
3 Maintenance of the Workplace (The Workplace [Health, Safety
and Welfare] Regulations 1992, regulation 3 maintenance
of workplace, and of equipment, devices and systems).
Businesses must maintain the workplace so it is in a safe
condition for all site users, whether they are employees or
visitors. In this case, blocked drains caused corrosive pools of
water containing caustic to build up. Routine clearance of the
drains would have prevented the puddles being formed.
Action: Complete regular workplace inspections to spot
site hazards such as poor drainage, seasonal problems (e.g.
fallen leaves) and surface deterioration. Investigate root causes
as well as clearing up the immediate effects.
4 Emergency Planning (COSHH, regulation 13, dealing with
accidents, incidents and emergencies).
Businesses must have effective emergency procedures
for dealing with foreseeable hazardous substance incidents,
including accidental release. This includes the right equipment
to deal with the emergency, including protective equipment and
decontamination products, the right procedures to deal with a
casualty, the right people in place to take action and the right
arrangements to deal with the waste created.
Action: Review hazardous substance emergency
procedures to ensure there are clear roles and responsibilities.
Follow a precautionary approach to spread of contamination
and shut off areas which may be hazardous to users.
5 Site Visitor Procedures (Health and Safety at Work Act,
section 3, general duties of employers to persons other
than their employees).
Businesses must ensure their sites are safe for anyone visiting
them, including contractors, drivers or members of the public
as well as for their own employees. Visiting drivers must be
made aware of site layout, the route they need to take, relevant
procedures for safe working and any site hazards. As well as
providing safe access to vehicles for loading and unloading, site
owners must ensure that the vehicles and the ground they have
to use are suitable for safe working.
Action: Review your site procedures for visitors, including
delivery drivers who may be at greater risk from site hazards
due to their unfamiliarity with them.
www.risk-compliance.co.uk/resources 3
NEWS AND TRENDS

Worker Put at Risk of Ionising Radiation

Exposure when Repairing Machine

A
n employee of Gemini Technology (Reading) Ltd was put at risk of exposure to ionising radiation while
working on an irradiator at a calibration facility operated by the Ministry of Defence (MOD). The risks
of exposure to ionising radiation are high; even small doses of radiation can lead to an increased risk of
developing cancer longer term. Although work with ionising radiation is highly specialist and strictly regulated, this
case illustrates that even recognised industry brands like Gemini Technology can get basic risk management wrong.

The company was called to the MOD site to fix a problem with the
irradiator for which it was the service agent. A high-activity Caesium-
137 source had become stuck in an unshielded position within the
irradiator. The employee had to remove the top of the machine’s
shielded housing, raise the radioactive source and manually rotate a
carousel which contained a number of radioactive sources. This put
him at risk of exposure to dose rates of up to 500 mSv per hour. The
Ionising Radiations Regulations 2017 specify a limit on effective
dose of 20mSv a calendar year, doses over 100mSv can lead to a
change in red blood cells.
Gemini Technology pleaded guilty to breaching Section 2(1) of the
Health and Safety at Work Act 1974 and Regulation 9(1) of the
Ionising Radiations Regulations 2017. The company was fined
£16,000 and ordered to pay costs of £25,000. A HSE specialist
inspector said the main risk management shortfalls of the company
had been their failure to:
● 
Properly assess the risks of ionising radiation to their employees
and others.
● 
Consult a competent radiation protection adviser to inform the
risk assessment.
● Put in place required and effective control measures.
● Ensure that safe working practices were in place.
Your Takeaways
There are risk management lessons here not only for the contracted
company but also for those who employ them. Always ask to see
a customised and specific risk assessment (or RAMS) from
contractors for high-risk work activities. If they can’t produce
one, ask them why and consider whether they are the right contractor
for the job. If a contractor exposes their own employees to risk of
harm, they may well expose your site occupants to the same risk.

Check Load-bearing Capability Before Using

Above Ceiling Space for Storage

I
t’s a practice many of us follow at home – putting our excess storage into the attic or loft and then forgetting
about it. The same thing also happens in many workplaces. We summarise a recent case where storing old
furniture in an attic led to a ceiling collapse in an occupied classroom. Fortunately, there was no loss of life but
the children and teacher sustained upper limb fractures, cuts and concussion.

Your Takeaways ● 

In this case, items such as chairs and desks were being stored in the
school’s attic area. The ceiling was not designed to be load-bearing
and collapsed.
The HSE investigation found that Thurlow Educational Trust had
failed to:
●  Undertake any structural or load bearing capability
assessments of the areas being used to store the items.
Assess whether the area in question was appropriate to be used
for the storage of the items.
The incident also raises questions about working at height and
manual handling practices deployed when entering and using the
attic area.
The Thurlow Educational Trust pleaded guilty to breaching Sections
2(1) and 3(1) of the Health and Safety at Work Act 1974. The Trust
was fined £80,000 and ordered to pay £7,116 in costs.

RISK ASSESSMENT & COMPLIANCE

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This issue contains information adapted from official sources as permitted by Open Government Licence version 3.0.
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4 www.risk-compliance.co.uk/resources

6 Changes of Circumstances which Should Prompt
You to Review Your Emergency Risk Controls
P
roactively conducting regular risk assessment reviews, particularly upon a change of circumstances
and integrating them into your annual schedule is essential to ensure that workplace changes are not
inadvertently overlooked. Failure to do so can have serious consequences, particularly in emergency
situations such as evacuations, compromising the effectiveness of your emergency risk controls and jeopardising
the safety of your staff. It’s therefore vital to ensure your team understand what a ‘change of circumstances’
means. We outline 6 of the most common change of circumstances you can convey to your workers.
1. Neighbouring Activities
The activities of neighbouring businesses can impact on your ability
to protect your own workers in the event of an emergency. Make
your staff aware that if they see changes in neighbouring business
activities, they should bring it to your attention. For example:
● A neighbouring business may be expanding, perhaps undergoing
building works. Does this impact any of your emergency exit
routes? I have seen one site’s fire exits open into a pathway that
had a crane lifting loads over it, and another exit blocked with
pallets of bricks. Ensure that your risk assessment review considers
all your exit routes and whether they can be used. Also check they
are adequate for the number of people needing to exit the building.
● If your neighbours are using new chemicals in their processes
or are storing more stock than usual, this may impact on your
business if they then have a fire, explosion or another emergency.
Could the fire spread to your premises? Would a fire restrict
your staff’s ability to evacuate your premises, for example, if
there was a blocked road where the emergency services were
attending? Could it damage your utility supply? Asking them if
they are storing any hazardous materials and asking to see their
COSHH risk assessments isn’t a matter of you being nosey or
awkward – both businesses have a legal duty to co-operate and
communicate under the Management of Health and Safety
at Work Regulations 1999.
Tip
Keep a record of any questions and responses with neighbouring
businesses if you feel they are at risk of impacting your business
continuity or operations. In the event of an insurance claim, this
information will also be needed. We recommend that you review
the situation with your neighbours every year and evidence it.
2. Changes to Business Activities or
Work Processes
A change in your activities or work process e.g. a change in stock
type, storage amounts or locations, may mean that your emergency
risk assessment will not take into account these new hazards. Hot
work, such as bringing welding repairs in-house, or using a new
chemical that is categorised as explosive, can put staff at risk as well
as you not being legally compliant.
3. Updates to COSHH Risk Assessments
There’s a risk that changes to chemical or COSHH risk assessments
by one department have not been fed into your emergency risk
assessment. Collate these assessments to see if there are any updates
or new ones and be aware of the risk controls outlined for storage.
RISK ASSESSMENT
For example, under the Dangerous Substances (Notification and
Marking of Sites) Regulations 1990, businesses are required to notify
the fire authority when at least 25 tonnes of dangerous substances
are held. Large quantities of chemicals are not as easy to control in an
emergency situation and the fire service needs to be made aware of such
storage, along with your controls to fight a fire or contain a leak.
4. Building Repairs
Engaging contractors for building repairs can impact on your evacuation
routes, for example, if they undertake hot work or erect scaffolding
around the side of a building. Ensure contractors are fully inducted
into your workplace and company procedures. They not only need to
know what action to take in the event of an emergency but also if
their work is going to impede a fire escape route or exit. Company
procedures may require a ‘permit to work’ for hot work activities and
evidence that your contractor has arrangements to deal with a fuel
spill or fight a fire arising from their activities. All your procedures
need to be explained to the contractors when they arrive on site.
5. Shift Pattern Changes
Changes to shift patterns may mean that your shift systems are
extended over more hours, or even reduced during quieter periods.
As a result, exit doors could be locked at the usual times, preventing
ease of exit for the shift that is running late. Ensure you have your
fire wardens and first aiders available to cover all shifts and that they
understand when to challenge an unsafe exit route.
6. Personnel Changes
Employee absence, departure or promotion can impact on
the procedures you have in place. For example, if one of your fire
wardens is promoted and/or moves departments, this may mean
they are no longer in the area that they have been allocated to be a
fire marshal for, or their increased responsibilities could mean they
don’t have the time to do their regular checks.
Check your lists of competent persons with each department’s
manager and ensure that all days and shifts are covered by fire
marshals, first aiders, mental first aiders, rescue staff (for
working at height activities and environmental spillages, etc). Discuss
with the employee’s manager your authority to schedule practice
emergency situations and drills.
Download
Check if your emergency controls are suitable and sufficient by
reading your Emergency Risk Assessment Controls Guide.
You can download this from your Online Resource Centre at:
www.risk-compliance.co.uk/resources
www.risk-compliance.co.uk/resources 5
KEY TOPIC
5 Toolbox Talks to Help Staff Understand their
Responsibility to Improve Workplace Safety
C
ompliance with the Health and Safety at Work Act 1974 entails a collective responsibility within the
workplace, where each individual is legally obliged to ensure their own safety and that of their colleagues.
This means taking proactive safety measures and, equally importantly, refraining from actions that may
endanger others. Regrettably, a ‘that’s not my job’ mindset can sometimes hinder proactive safety efforts. Explore
our 5 suggested training topics or Toolbox Talks to empower your team leaders and supervisors in fostering a
safety-centric culture, emphasising the importance of team-wide responsibility.
Toolbox Talk 1. Personal Hygiene
Personal hygiene is not just about keeping healthy, it’s also about
teamwork.
Dirty hands and clothes could be contaminated with germs,
bacteria from vermin bacteria or even oils and chemicals, depending
on the person’s job. Contamination can be transmitted to others by
handshakes, sharing cigarettes, using door handles and kettles, or
perhaps dust falling off overalls in the canteen.
Some chemicals are carcinogenic (e.g. mineral oils can cause skin
cancer), some are an irritant (e.g. petrol fuel can cause skin burns),
whereas some dusts that can be collected on work clothing are
biological hazards resulting in health issues, such as breathing
problems caused by dried pigeon faeces (causing psittacosis) and
hands coming into contact with rats’ urine can cause Weil’s disease.
Manager’s Tip
Put up notices in your welfare or changing area to remind staff
to wash their hands or take off contaminated clothing before
entering the canteen. Explain the reasons why to increase their
awareness of health issues. Rotate these notices every couple of
weeks to keep them fresh.
Staff should ask themselves the following questions:
● Are my hands clean/washed when I return from the toilet?
I think that we’ve all heard the urban myth about the peanuts on
the bar being tested for urine because people don’t wash their
hands after going to the toilet!
● Do I smell? Even something as simple as body odour can put
people off working with you. It may not be you personally but it
could be your clothes.
● Should I have washed my hair last night? Dirty hair attracts
dust which can mean cross contamination of workspaces as well
as the welfare facilities.
If an individual feels they couldn’t ask a colleague one of these
questions, perhaps they already know the answer they’ll give!
Having a good personal hygiene routine both in and out of work
benefits your own health, as well as that of your colleagues, and can
strengthen team communication.
Toolbox Talk 2. Omissions or
Lack of Action
Regularly reminding staff that their employment contract states
that they must follow company procedures and they must do so
by law, may sound a little heavy-handed but it’s always useful
6 www.risk-compliance.co.uk/resources
for supervisors to know where they stand if they are managing a
recalcitrant employee. Not doing something to keep the team safe is
just as legally binding as doing an unsafe act that can directly
cause someone to be injured. For example, taking a guard off a
machine or not wiping up or reporting a spillage, which could lead
to a colleague slipping and potentially breaking an arm.
Did You Know…?
Under Section 7 of the Health and Safety at Work Act 1974,
employees have a legal duty to take reasonable care for the
health and safety of themselves and of other persons who may
be affected by their acts or omissions at work. Legally, they
have to co-operate with their employer and follow the company
procedures in place to keep themselves and their team safe.
Using the scenario of picking up litter may explain things a little
better. Staff shouldn’t drop litter in the workplace or its grounds.
Whilst this may not directly put people at risk, food-based litter, if
not placed in a rubbish bin with a lid, will attract vermin such as
wasps or rats. It’s possible that a colleague may go into anaphylactic
shock if they are stung or develop Weil’s disease from rats’ urine
being on the litter when picked up.
Preventing vermin and pests from taking residence is the proactive
safety approach, and this legally means that supervisors expect
everyone to work together to prevent litter occurring and pick it up
when they see it – even if it’s not their litter. By omitting to pick up
litter, they are technically breaking the law!
Did You Know…?
The Broken Window Theory states that visible signs of
crime and anti-social behaviour create an environment that
encourages further crime and disorder, including an
escalation to more serious crimes or breaches of law. By
omitting to make the workplace healthy and safe, individuals are
contributing to a deterioration in their company’s safety culture,
leading to accidents and injuries as well as ill health.
Toolbox Talk 3. Ask Yourself ‘Am I Fit
for Work?’
Illness
This question has been drilled into all of us during Covid – do not
to come into work if you have a cough or are experiencing Covid
symptoms. This should be extended to other illnesses that could be
contagious, as well as poor health conditions that can affect the
safety of you and your team. For example, if you have an ear problem

such as labyrinthitis, this could affect your hearing and balance. Not
hearing warning signals or being unable to work safely at height
could lead to you being injured and your team potentially having to
rescue you, so putting their health and safety at risk.
Injury
Being unable to do your job as a result of an injury received
outside of work e.g. a sports injury, means that you may not be
able to lift or carry items as you would normally. In this instance,
the person should discuss it with their supervisor to get their duties
changed to prevent exacerbating this injury.
Alcohol
Your worker should be honest and ask themselves if they are safe to
drive the morning after an evening’s tipple, after a bad night’s sleep
or when using prescription drugs. If they are due to drive during
the day for work or operate safety-critical machinery, their skill
levels may not meet every risk control listed in their company’s risk
assessment.
Fatigue
Fatigue can cause the best of us to have poor decision-making
skills and also reduced reaction time and if, for example, they
have to take evasive action, they may not act quickly enough, which
could cause an injury to them or another person on the road.
Drugs
Drug use can cover a wide range of situations, from recreational use
through to prescription drugs or even self-medication. Individuals
should talk to their GP or pharmacist if they are using drugs, ask
if they have any contraindications such as drowsiness which can
cause a slow reaction time, impairments to their decision-making
abilities or even dizziness, all of which can pose a hazard when
operating machinery or tools at work.
Risk assessments will have risk controls and polices that state ‘no
drug use’ or that tools and machinery must be used by a ‘competent
Your Latest HSE Safety Alerts and Notices
Round-up
F
rom time to time, the HSE publish Safety Alerts and Safety Notices. Safety Alerts are for major faults that
would result in a serious or fatal injury and where immediate remedial action is required. Safety Notices
are usually issued to facilitate a change in procedure or require action to be taken to improve the level of
protection or instruction in a potentially dangerous situation. Both tend to be on very safety-specific issues. We
summarise the recent ones with links for further information should they be relevant to your business.
● 
Motorsport/leisure track safety: trackside vehicle restraint
barriers (EPD03-2023). This is aimed at motorsport/leisure track
owners, operators, events organisers and is particularly relevant to
leisure track/circuits (permanent and temporary). See:
tinyurl.com/5xd9dnmv
● 
Offshore installations: manage the risk of damage to grating
systems (walkways and deck areas) on offshore installations
during rig moves (ED09-2023). See: tinyurl.com/jsbhd5cm
● 
Motor trade: unsafe bolts on BendPak XPR series two-post
vehicle lift (FOD02-2023). See: tinyurl.com/hfj84zfe
KEY TOPIC
person’ – this means that they need to be able to employ their full
knowledge of the job and its surrounding process, their skills to do
the job and rely on their experience when making decision if the job
isn’t going to plan.
Toolbox Talk 4. Ask for Help
‘I don’t know how to. I don’t understand this process. Can you help
me with?’ are welcome questions as it shows employees are trying
to work safely. Any colleague should be happy to help anyone who is
asking for assistance to work more safely.
Keep this in the forefront of employees’ minds by using a poster
campaign, supported by toolbox talks and supervisor meetings to
encourage workers to ask questions and provide mentoring.
Toolbox Talk 5. Intervening in an
Unsafe Act or Unsafe Condition
This is the message to put out to all staff; that they are part of a
team and any one of them should be able to stop a job when they
think something may be wrong or unsafe. Some people may be able
to offer assistance to make the task safe; others may be walking by
and realise part of the risk assessment isn’t being followed. People
may realise that other workers in an adjacent area may be at risk and
the job needs to be stopped.
The best way to approach this it to discuss ‘how can we do this
more safely?’ By coming up with a solution, improved control
measures can be discussed, the risk assessment can be reviewed and
updated and safer controls put in place.
Tip
Get more mileage out of your company’s personal
responsibility message by including it into your new starter
induction process to ensure that you set off your new hires
on the right foot.
● 
Pop up toilets: a risk of crushing was identified after someone
was killed when working underneath a raised telescopic pop-up
toilet ((FOD01-2023). See: tinyurl.com/ypj52zet
LPG
●  forklift trucks: fire risk on and around LPG powered forklift
trucks and other similar vehicles during starting (EPD02-2023).
See: tinyurl.com/ykakvmcx
While these are the latest alerts and notices at time of writing, our
advice is that you check the Health and Safety Executive’s news
homepage regularly to ensure you don’t miss any that are relevant
to your business.
www.risk-compliance.co.uk/resources 7
EMPLOYEE ENGAGEMENT
How Engaging Employees Can Help Resolve Your
Workplace Temperature Challenges
I
t’s one of the most popular questions from our readers who use the Ask The Experts Email Helpdesk – what is
the legal minimum or maximum (depending on the season) indoor workplace temperature? We review the legal
requirements and outline practical ways you can help improve the working environment for your staff.
Discover the Legal Requirements
and HSE Guidance
The Workplace (Health, Safety and Welfare) Regulations 1992,
regulation 7, states that: ‘During working hours, the temperature
in all workplaces inside buildings shall be reasonable’. The HSE
Approved Code of Practice to the workplace regulations is L24 and
provides the following guidance on temperatures:
● 
The temperature inside the workplace should provide
reasonable comfort without the need for special clothing.
● The temperature in a workplace should normally be at least
160C.
● If work involves rigorous physical effort, the temperature
should be at least 130C.
There is no stated maximum temperature for workplaces but all
workers are entitled to an environment where risks to their health
and safety are properly controlled. Heat is classed as a hazard
and comes with legal obligations like any other hazard.
Why it’s Important to Tackle the
Contentious Issue of Workplace
Temperature
Thermal discomfort in the workplace can affect both the mental
and physical health of your workers. It can even become a source
of workplace conflict and poor working relationships. People
feeling uncomfortably hot or cold are also more likely to behave
unsafely and their ability to make decisions and/or perform manual
tasks can deteriorate. For example, concentration may drop off,
increasing the risk of error, or PPE is not worn because it’s too hot.
Take Account of Vulnerable Workers
Some individuals may be more adversely affected by workplace
temperatures than others. For example, those on medication, who
have a health condition, pregnant or menopausal women may all
experience more thermal discomfort. In some cases, this could mean
an employer being obliged to make ‘reasonable adjustments’ to
improve the situation.
Your 3-step Practical Action Approach
for Employers
There is a simple approach that employers can follow. Ideally steps 1
and 2 should be done at the same time.
Step 1. Consult your workers in order to develop a sustainable
and reasonable solution. You could do this by asking employees to
complete a survey with the opportunity to provide suggestions for
improvement.
Step 2. Assess the risks of indoor workplace temperatures. As part
of your assessment consider the following:
8 www.risk-compliance.co.uk/resources
● 
What your workers think: have there been complaints about
temperature? Consider any survey results.
● 
Air temperature: measure the temperature to find out what it is,
whether it changes during the day and the seasonal fluctuations.
● 
Radiant temperature: is there a heat source in the environment
such as machinery?
● 
Humidity: do workers complain of the air being too dry or humid?
Take humidity readings at different times of the day and when the
office opens after being closed e.g. on a Monday morning.
● 
Air movement: is cold or warm air blowing directly into the
workplace? Do employees complain of draughts?
● 
Workers metabolic rates: check how much workers move or
physically exert themselves while in the workspace. If they are
mainly seated (e.g. office computer work) then they will be more
likely to feel cold.
● 
Clothing and PPE: is PPE or company uniform being worn? If
so, are alternative versions available for different temperatures/
seasons?
Step 3. Act on findings of the risk assessment and consultation by
putting controls in place, including temporary or seasonal ones.
Provide a Range of Simple Individual
Temperature Tools
Workplace temperature control that caters for individual comfort
levels doesn’t have to mean providing a state-of-the-art heating
system! The ambient temperature can be set at an agreed
temperature level and thermostatically controlled. You can then
offer individual adjustments and simple equipment such as:
desk or pedestal fans, seats near windows that open or under an
air-conditioning unit, window blinds for shade, insulating materials
for pipework, and cold water dispensers. For those who are cold,
consider offering heated pads or hot water bottles, portable heaters
or corporate fleeces.
Working practices could also be reviewed. Corporate clothing
guidelines should be able to be adapted to seasonal conditions,
moving workers to parts of the building where they find the
temperature most comfortable, facilitating homeworking for some or
all of the time, allowing breaks, encouraging movement and so on.
Implement and Review Your Control
Measures
Once you have developed or proposed a solution, share it with
your workers. Explain your rationale and be prepared to be
adapt your plans if there are more workable suggestions from
employees. Review the measures and their effectiveness after a
period of implementation. Engaging your workers in identifying the
problems and helping to develop solutions is the best way you can
take effective and lasting action.

How a Potentially Catastrophic Incident
Sowed the Seed for Safety
A
fter Martin Marmoy-Haynes had a near miss while working in the chemicals
industry, he has been focused on one thing – protecting people from danger in the
workplace. Here, he talks to Risk Assessment & Compliance and shares the essential
steps he has learned to keep workers safe, including a simplified, yet comprehensive,
approach to risk assessment.
Kellie Mundell,
Case Study Editor Kellie Mundell, Case Study Editor
With degrees in Environmental Science and Accident Investigation
and a Diploma in Occupational Safety & Health Management earned
throughout his 34 years in the profession, Martin is more than
qualified to ensure the safety of workforces up and down the land.
But his career in the industry happened by pure chance.
A Risky Mix
When he joined a chemicals company early in his career, Martin was
told to ‘keep his hands in his pockets’ for the first 3 weeks. He was
tasked with mixing and boiling raw materials, synthesised with active
ingredients for tablets, capsules, creams, suppositories and injections
to be made. But one day the lid to the large stainless steel mixing
vessel – containing more than 100 litres of alcohol among other
chemicals – was left open.
Martin inadvertently opened the wrong valve, blowing high-pressure
nitrogen gas into the liquid, which erupted, showering him with
chemicals. It was methanol: highly toxic. But fortunately for Martin,
not yet boiling. ‘I was able to use the emergency shower and change
into clean overalls in the changing rooms. If the methanol had
reached boiling point I would have been burned and my soaked
clothing could easily have ignited and I might not be here today.’
Martin had experienced his first accident and thankfully wasn’t
harmed. But the seed was sown for a career in safety.
Changing the Culture: Taking Safety
Seriously
Fast-forward a few decades and Martin is a fully-fledged chartered
health and safety professional with lots more stories to tell. One
involved a food manufacturing facility, employing about 80 staff
across two sites. He was asked to evaluate and recommend
improvements to its health and safety management.
‘The culture was very outdated and the previous health and safety
adviser had perhaps grown tired and didn’t appear to be bothering
to carry out risk assessments or engage with staff,’ explains Martin.
‘He seemed to blame staff in reports after accidents or incidents,
citing that: ‘Staff must be more careful!’ The organisation was not
used to spending much on health and safety improvements. It must
have been a shock for management to realise there was a vast
amount to do for big issues such as asbestos surveys, electrical
testing, DSEAR, and legionnaires disease risk assessment. These
things cost money and I’m not sure I was popular.’
Safety is a Collaborative Journey
To start with, Martin conducted regular tours of the entire facility.
He made sure to always talk to staff at every level and report
CASE STUDY
Martin Marmoy-Haynes,
Director of JEM Safety
Management Limited,
Upminster, Essex.
everything observed, even the uncomfortable subjects and
findings, like no guarding on machinery, stress, alcohol issues,
property damage and disagreements between staff, he says. All of his
observations were justified with no ‘empty boxes’ in the report and
he avoided the use of bland recommendations such as ‘monitor’ or
‘ongoing’ which leave the operator wondering what to actually do.
Significant changes in policy and practice were suggested on
how to approach the health and safety committee effectively and
protect staff from the most dangerous hazards, such as vehicle and
pedestrian movements and work at height. ‘I was invariably ignored,
but I persisted. It was slow work but after several years and with
some staff turnover, I saw some of the changes I had hoped for.’
Practical Ways to Improve Risk
Assessment
Martin’s latest approach is to aim for a risk assessment which
fits on one side of A4 paper. He uses a traffic light system for
reporting, comprising identifying hazards as Red, Amber, or Green. ‘I
like to list carefully – with exacting precision – the control measures
already in place and the further control measures required,’ he
explains.
There has been a clearly measurable reduction in accident rates
although Martin believes overall improvement in culture is still
some way off. He plans to create a risk assessment compendium
containing 100-150 common risk assessments adapted to each
facility to make them site-specific for or by an individual client. He
also plans to produce training videos to free up his time to focus on
higher hazards.
‘It’s important to encourage businesses to embed health and safety
at an early stage, rather than when they’ve grown to several hundred
staff and had many accidents,’ says Martin.
From a close-call to calling companies to account on safety by
providing practical, common-sense health and safety support without
allowing it to become bureaucratic or used as an excuse for inaction,
he’s certainly the person for the job.
Download
You can download dozens of risk assessment documents from
your Online Resource Centre, ranging from risk assessments
covering COSHH and DSEAR to risk assessment checklists,
forms, policies and Toolbox Talks – all of which you can adapt
to your own needs. Go to:
www.risk-compliance.co.uk/resources
www.risk-compliance.co.uk/resources 9
WORKING WITH THE BOARD

Latest Health and Wellbeing Report Reveals

Reduced Focus of Senior Leaders

T
he latest survey report on health and wellbeing from CIPD and Simplyhealth shows that employee
wellbeing has fallen off the agenda of some senior managers, decreasing from a high of 75% in 2021 during
the pandemic to 69% in 2023. It also reveals a marked increase in sickness absence across a wide range of
industries. The 2023 data shows that each employee took an average of 7.8 days’ sick leave per year, the highest
level in a decade and 2 days more than recorded in 2019. We look at the survey’s findings you can use to work
with your board and reboot their interest in employee health and wellbeing.

The 23rd annual CIPD survey supported by Simplyhealth (provider of Identify Work-related Causes
health plans for business) explores issues of health, wellbeing and
of Ill Health
absence in UK workplaces. Data was collated from 918 organisations
covering more than 6.5 million employees. The survey was completed There are both proactive and reactive ways to identify the causes
by HR and L&D professionals. Respondents came from a range of of work-related ill health in your business. Proactive methods will
industries and from organisations of all sizes. enable early intervention and support which could prevent the ill
health either happening or resulting in sickness absence.
Engage Senior Leaders with Targeted
Proactive methods include:
Data and Focused Solutions
● 
Consulting employees to find out the causes of work-related ill
The survey showed that senior management’s focus on employee
health e.g. by a staff survey.
health and wellbeing is waning post-pandemic. We believe that now
is a good time to remind your board that even though the pandemic ● 
Line manager 1-2-1s which discuss health problems linked to
is no longer the most immediate of health hazards for workers, the work.
increase in sickness absence is a strong indicator that more, not less, ● 
Line manager observations of their employees to pick up on
focus is needed now to support employee health and wellbeing. the early signs of health problems, followed by 1-2-1 discussion.
High sickness absence levels mean high costs and reduced ● 
Work-related adjustments to support attendance.
productivity for business, as well as lowering staff morale. You ● 
Takingaction to identify and reduce presenteeism and
can use this report, supported by sickness absence data from your leaveism.
own organisation, to show senior leaders why they must ensure that ● 
Health screening.
any work-related causes of ill health are investigated and tackled.
Reactive monitoring of work-related ill-health includes:
Understand the Most Common ● 
Analysis of company sickness data and trends.
Causes of Sickness Absence ● 
Return to work interviews which specifically identify if the
The survey results showed the most common causes of employee absence was work-related or if work was a contributory factor.
sickness absences were:
Get the Backing of Your Board to
Most Common Causes of Sickness Absence
(% of respondents who include in their top three causes) Focus on a Proactive Approach
The greatest benefit to both your employees and the business will
Short-term absence Long-term absence
be gained from investing in a proactive approach to preventing
(up to 4 weeks) (4 weeks or longer)
work-related ill health. Training line managers to have open
Minor illness e.g. colds/ Mental ill health e.g. conversations about mental and physical health with their team
flu, headaches. 94% clinical anxiety. 63% members and to be able to spot warning signs will enable early
Musculoskeletal injuries Musculoskeletal injuries interventions.
e.g. repetitive strain e.g. back pain. 51%
injury, back pain. 45% Healthy role-modelling by senior leaders can also have high
Mental ill health e.g. Acute medical conditions impact on employees. Directors who talk about their mental health,
depression, anxiety. 39% e.g. cancer. 46% for example, or ensure that they take lunch breaks and holidays
will normalise a healthy work culture. Likewise, if they don’t show
Covid-19, including Stress. 37%
shielding. 37% their commitment to employee health and wellbeing or role-model
unhealthy working practices, this is likely to have a negative effect on
Stress. 26% Recurrent medical
those beneath them and undermine efforts at line management level.
conditions e.g. asthma. 19%
And, finally, use the findings of this latest report to boost senior
All these common causes of sickness absence could be either a result management interest in proactive investment in employee health
of, or exacerbated by, an employee’s work. There are also direct links and wellbeing and the positive business benefits it will bring to your
between mental ill health and musculoskeletal disorders. company.

10 www.risk-compliance.co.uk/resources
 CHECKLIST

Safeguard Against Hazardous Substances with

Your Industrial Hygiene Checklist

W
hen most people hear the word ‘hygiene’, the first thought that comes to mind is personal cleanliness.
However, when you work with chemicals or other hazardous substances, ‘industrial hygiene’ is the
practice of minimising your exposure to hazardous substances. Use our checklist to identify both the
legal requirements and best practice for good industrial hygiene, which will minimise the potential for unsafe
exposure to hazardous substances and for exposing others to hazardous substances through cross-contamination.
You can download this from your Online Resource Centre at: www.risk-compliance.co.uk/resources

Industrial Hygiene Checklist Download

A ‘yes’ answer confirms that the correct measures are in place, whilst a ‘no’ may indicate a need for further training and a risk
assessment review.

1. Welfare Yes No
Do workers wash their hands before smoking, eating, drinking, or applying make-up?
Do workers smoke, eat and drink only in designated areas?
Do workers have the ability to change out of contaminated work clothing in a different area to the eating facilities?
Are welfare facilities equipped with the ability to clean chemicals and dust with soap from the hands/skin?
2. First Aid
Are workers free from dry, cracking or itchy skin on their hands, face and in their ears?
Do workers know to report skin conditions to the health and safety team?
Do workers understand how to wash off chemical splashes?
Do people who work with chemicals cover all exposed cuts/breaks in the skin with waterproof plasters (even those
gained outside of work)?
3. Workwear and PPE
Is Personal Protective Equipment (PPE) and Respiratory Protective Equipment (RPE) provided free of charge if
specified for use in the risk assessment?
Do workers understand which PPE/glove/glasses type to use when handling hazardous substances?
Is PPE/RPE being used properly?
Do workers remove contaminated clothing before going home?
Is there suitable provision for the safe and hygienic storage of all types of PPE?
4. Workplace (Areas that Can Cross-contaminate)
Is the work free from any airborne dust, fumes or mist?
Has local exhaust ventilation been tested (every 14 months) to ensure it is effective and legal?
Are work areas regularly cleaned to reduce greasy, mouldy or dusty surface areas?
Are dust, pests and fumes prevented from entering the workplace (through open doors or loading bays)?
Are any air-intake entry points (through which outside contaminants could get into the building) cleaned and free
from blocked filters?
Is the work area for hazardous substances illuminated sufficiently to see any spills, leaks and potential
contamination?
Do you have work equipment that should be reserved for a specific use?
Is segregated work equipment colour coded or tagged to identify that it shouldn’t be moved to a different work area?

www.risk-compliance.co.uk/resources 11
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