Injury at work!

dickydonkin

covlass wrote: »

A risk assessment should be in place when using a corrosive product along with a COSHH sheet. A valid risk assesment for slip, trips and floor including what the policy is during routine maintenance ie floor cleaning, SHOULD BE IN PLACE. You should be aware of the company policy for accidents, and location of accident book. If the injury causes a 3 day leave from work then you should also be aware of what to do under RIDDOR

Re person using the chemical were they compliant with the need for correct PPE needed whilst using it ?

The 'COSHH Sheet' you refer to is in fact a material data sheet which is a requirement under packaging an labelling regulations (currently in a transition period).

Material data sheets are legally required by chemical manufacturers and suppliers to comply with packaging and labelling regulations when their products are classed as 'dangerous for supply'.

A MDS will assist in compiling a COSHH assessment, however, a COSHH (Control of Substances Hazardous to Health) assessment needs to consider how and where a product is used. For sure, a MDS will identify any hazardous properties, however if that product is safely stored and unused - it will never cause harm.

It is only when there is human involvement when a product constitutes a risk to the user (and others) - and that is what needs to be assessed.

There are no MDS's available (in the true sense) for 'self generated' substances such as wood dust for example as by virtue of the fact such a material is not 'supplied' - however, some are carcinogenic therefore it is important to ensure that these are covered in a COSHH assessment as well.

Custard Powder and Flour may seem innocuous products, however they can (and do) cause explosive environments in confined areas or respiratory disorders if inhaled. Although the explosive element may potentially come under different regulations (DSEAR), every aspect of a substance, how and where it is used needs to be considered.

The 'C' word is key in COSHH - CONTROL.

Strider590

Im assuming in was the result of cleaning? do you have a cleaning company? if so it's their fault and they who are responsible!!!

Had an incident years ago where the cleaners used a chemical on the gents toilet (obviously because we're so dirty we need industrial strength cleaning agents) which burnt though our clothes as we sat doing the first S (reference to the 3 S's).

The cleaning company had to pay for the damage!!

SueC_2

Strider590 wrote: »

which burnt though our clothes as we sat doing the first S (reference to the 3 S's).

I'm intrigued as to which items of clothing come between flesh and a toilet seat...?

covlass

As it is the employers responsibility to ensure the safety of his/her employees They should ensure that employees are informed, trained, and supervised in the use of cleaning chemicals. Employeers must ensure that employees understand the hazards and the measures needed to control any risks and that appropriate protective clothing is available when using the cleaning chemical. If there is a risk then an assessment should be done, correct information available and measure in place to reduce the hazard.

Googlewhacker

covlass wrote: »

As it is the employers responsibility to ensure the safety of his/her employees They should ensure that employees are informed, trained, and supervised in the use of cleaning chemicals. Employeers must ensure that employees understand the hazards and the measures needed to control any risks and that appropriate protective clothing is available when using the cleaning chemical. If there is a risk then an assessment should be done, correct information available and measure in place to reduce the hazard.

Actually its both the employees and employers responsibility

covlass

Googlewhacker wrote: »

Actually its both the employees and employers responsibility

Yes it is employers are responsible for making sure risk assesments are done and by who then training give and the employees responsibility to ensure the follow the H&S guidelines through.

If we were to get rid of cleaning staff and expect our staff to do cleaning (putting aside contacts job description...) We would be expected to
Risk assessment for staff to do the work
Sourcing and supply of suitable chemicals (COSHH Regs)
Chemical training (often given for free or at a reduce rate by the chemical supplier/manufacturer) (COSHH Regs)
Need to provide clean workplace (Workplace Regs)
Machinery training
Insurance - for storing/using cleaning chemicals and your employees carrying out these duties (some insurers will give certain rules, such as bleach not allowed)
Suitable Personal Protective Equipment (PPE Regs and COSHH Regs)

sho_me_da_money

You give ring sting a new meaning. I'm clenching my cheeks after reading this.

Knowing that the ground was unsafe, you saw your manager slip followed by another colleague slipping trying to help him up. Still you decided to make your mark. And make your mark you did indeed.

You can claim but I think your employer would have great grounds to allege contributory negligence. The injury itself was in an area that is generally covered.

I would assess the value of your damages to be no more than £1500 or less (after taking into account any percentage agreed as part Con Neg).

Are you prepared to walk away with about £1000 in compensation whilst running the risk of being fired due to 6 months service? I dunno maynnn.

Walk around with a ring sting and a job? or walk around with a ring sting, £!000 and no job? - Your choice.

dickydonkin

Yes it is employers are responsible for making sure risk assesments are done and by who then training give and the employees responsibility to ensure the follow the H&S guidelines through.

And what about monitoring, supervision and reviewing?

Despite many organisations having risk assessments in place and appropriate training given etc. all of this is meaningless if the control measures, systems of work that are in place are not monitored (proactive and reactive) to ensure they actually work and are fit for purpose.

It is a fact that after many accidents, lack of monitoring of the companies H&S management system (assuming there is one of course) turns out to be an underlying cause in many of them.

As Googlewhacker has pointed out - H&S is the responsibility of employers AND employees and it is also essential that both parties co-operate and communicate in ensuring 'H&S Guidelines are followed through' - a burden that cannot be placed solely on the employee, but should be an aspect of the companies H&S management system by everyone frequently monitoring and reviewing their policies and procedures.

You can claim but I think your employer would have great grounds to allege contributory negligence.

Maybe I have missed something, but where has the OP contributed to his own injury?

geri1965_2

sho_me_da_money wrote: »

I would assess the value of your damages to be no more than £1500 or less (after taking into account any percentage agreed as part Con Neg).

Nobody can value his injury at this stage, the accident only happened a few days ago! How do you know he will not be left with permanent scarring from the chemical burns, or an increased sensitivity to any of the ingredients in the chemical?

covlass

As I previously said employers are responsible for putting things in place and employees for carrying things through that they SHOULD have been taught.

Employees take care of your own health and safety and that of people who may be affected by what you do (or do not do). · Co-operate with others on health and safety, and not interfere with, or misuse, anything provided for your health, safety or welfare.

And what about monitoring, supervision and reviewing?

That should be out lined in their health & safety policy, should it not ? Did the OP state that this was a large company they worked for ?
Employees have the right to work in places where all the risks to your health and safety are properly controlled.

If Employers are not updating policies and risk assessments then they are at fault.