Hand Vibration Issues Brief
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Hand Vibration Issues Brief

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QBE ran a HAVS Workshop on 13 September 2007, where the UK’s leading experts on the subject of HAVS presented to QBE clients. They set out what employers need to do in order to demonstrate, to the ...

QBE ran a HAVS Workshop on 13 September 2007, where the UK’s leading experts on the subject of HAVS presented to QBE clients. They set out what employers need to do in order to demonstrate, to the satisfaction of both the criminal and civil courts, that all reasonable steps were taken to both prevent the development of HAVS and minimise the impact where HAVS symptoms were presented by employees

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Hand Vibration Issues Brief Hand Vibration Issues Brief Document Transcript

  • QBE’S HAND ARM VIBRATION SYNDROME RISK MANAGEMENT WORKSHOP QBE ISSUES FORUM NOVEMBER 2007
  • INTRODUCTION Hand Arm Vibration Syndrome (HAVS) continues to pose problems to many employers, reflected in new cases being reported under RIDDOR as well as both new and exacerbated personal injury claims being made. Whilst many of those cases relate to a historical legacy exposure, many employers continue to operate processes which present a foreseeable risk of HAVS injury and fall short of the requirements of recent legislation, The Control of Vibration at Work Regulations 2005. QBE’s experience reflects this in the intake of HAVS claims gap between what clients do to satisfy current legislation received. From 1995 to 2003, the average intake rose from and best practice advice, and what the civil courts’ 100 per month to over 200 per month before falling back to interpretation of those same standards might be when some 50 claims per month currently. Over a similar timescale, retrospectively determining future compensation awards average costs of HAVS claims have risen five-fold from under for HAVS injuries. £2,000 to over £8,500, with extreme cases of HAVS injury In recognition of that potential gap, QBE ran a HAVS attracting awards well into six figures. Notwithstanding the Workshop on 13 September 2007, where the UK’s leading claims picture, the organisational, personal and often hidden experts on the subject of HAVS presented to QBE clients. financial costs of those injuries continues to rise. They set out what employers need to do in order to Given the accumulative nature of Hand Arm Vibration demonstrate, to the satisfaction of both the criminal and civil (HAV), it may be some time before breach of duty under the courts, that all reasonable steps were taken to both prevent new regulations is alleged and this is QBE’s experience thus the development of HAVS and minimise the impact where far. We nevertheless recognise that there exists a potential HAVS symptoms were presented by employees. 2 QBE’S HAND ARM VIBRATION SYNDROME NOVEMBER 2007
  • PRESENTATIONS Giles Quartly Bob Mitchell Employers’ Liability Portfolio Manager, QBE MD, RH Mitchell & Associates LLB Giles gave an objective overview of the insurance impact of Bob looked at vibration risk assessments and considered HAVS claims, looking at defensibility and claims costs before what satisfies “suitable and sufficient”, manufacturers’ data, finally emphasising the importance of capturing symptoms the variability of measurements and how that collective at an early stage to prevent its onward progression into a information should be used by the employer to establish disabling condition. a safe system of work. Dr Chris Nelson Dr Roger Cooke HM Specialist Inspector Consultant in Occupational Medicine (Noise and Vibration), HSE Roger provided his views on the occupational health aspects Chris described how the HSE expects employers to identify of HAVS looking at symptomology and reporting, applicable and control the risks, providing practical examples and standards, arrangements companies should make for dispelling some common myths. identifying and dealing with HAVS and the potential flaws in these systems. Jayne Adams Barrister, The Ropewalk Chambers, Nottingham David Wilson Jayne highlighted common shortcomings in employers’ Group HSEQ Manager, HSS HAVS management systems with her presentation, five easy David delivered a client case study sharing HSS’s experience ways to lose a HAVS claim. of managing the maintenance of its hire tools. He suggested ways in which organisations may be able to improve their own planned preventative maintenance and documentation arrangements, being a key component of an effective HAVS risk management approach. Matthew Harrington Senior Litigation Partner, Cartwright Black Matthew discussed the financial pitfalls of failing to deal sensitively and appropriately with employees made disabled by their work. He looked particularly at the significant increase in value of the personal injury claims and also the uninsured awards associated with a Disability Discrimination Act tribunal. The key message from each of the presenters was that prevention is better than cure and that a risk managed approach to HAVS will achieve this aim. Should injury occur, employers will be better placed to demonstrate they had done all that was reasonable. The presentations from the day can be viewed and downloaded from QBE’s liability risk management website: http://www.qbeeurope.com/insurance-europe/insurance/uk-corp-employers-liability/lrm/lrm_sep_2007.htm 3 QBE’S HAND ARM VIBRATION SYNDROME NOVEMBER 2007
  • THE HAVS WORKSHOPS Part of the day involved dividing delegates into workshop groups to consider one of three scenarios and report back their collective findings for discussion and debate by the wider group. Delegates were encouraged to discuss particular aspects of their current HAVS risk management strategies that they felt were either problematic or conversely, seemed to work well. The scenarios and summaries of the various discussions are set out below along with the conclusions that each group made. Consequently, this represents the groups’ interpretation of what constitutes best practice for each of the scenarios described, in the context of injury prevention, statutory compliance and claims defensibility: SCENARIO 1 Within your factory, several spot 1. Very briefly outline what actions are welding machines have been used for required to comply with the Control the last six years, which require the of Vibration at Work Regulations operator to use the palm of the 2005. NB. This is NOT a test of dominant hand to push a component in-depth knowledge. A brief outline through the welding machine, during only is required of the key which, vibration is transmitted into the requirements. palm. Typically, this would be the only 2. Do you consider that the above duty undertaken by those operators, scenario presents a foreseeable risk throughout an eight hour shift. of injury that is potentially Following a complaint to the Safety compensatable and if so, outline Committee when one employee what actions would be prudent to reported HAVS symptoms to his GP, support a defence against such a search of available data from the future claims? machinery manufacturers, various websites and engineering trade 3. List the departments or functions groups’ literature, indicated a likely that will need to interact closely for A(8) of 2.3 m/s². No further symptoms this to be effective. have been reported by the complainant nor have any similar reports been made throughout the time that these machines have been in use. For the purposes of this exercise, assume that the operation is business critical and that current technology does not offer an alternative machine for undertaking the task at reduced A(8) exposures. 4 QBE’S HAND ARM VIBRATION SYNDROME NOVEMBER 2007
  • RESPONSES AND DISCUSSIONS Outline the actions required to comply with The Is there a foreseeable risk of injury that is potentially CVW Regulation 2005: compensatable and if so, outline what actions would • Review existing systems, policies, tools, risk assessment, be prudent to support a defence against future claims? exposures etc, to ensure compliance with the minimum • Given the variability of data readings, (measured or standards set out in L140: Hand-arm vibration: Control otherwise), 2.3m/s2 is sufficiently close to the exposure of Vibration at Work Regulations 2005 action value (EAV) to be treated as being at or above the • Reduce risk to the lowest level as is reasonably practicable EAV and hence action is required (the ALARP principle) • Manufacturers’ data has been found to underestimate true • If not possible to get below action level, review control exposure by up to a factor of two, three or more. It is systems and take a hierarchical approach to control prudent to undertake tool measurement to more methodology (Schedule 1, Management of Health & accurately determine the A(8) values, though ultimately, Safety at Work Regulations 1999) this does not change the need for urgent action to reduce exposure • Measure and review the reliability of readings • The competence of the risk assessor is paramount and may • Training for operators be challenged in the civil courts. Assessments should be a. Warning of hazard and risks done by a credible and experienced expert who is familiar with your activities/equipment and carries out such b. Correct use of tools assessments on a sufficiently regular basis c. Symptomology – recognition and reporting • In many cases, it would be beneficial to use external consultants to periodically audit, and thus validate • Occupational health facilities: pre-employment internally-derived measurements questionnaires, surveillance, monitor ongoing exposures • From a claims perspective, the courts’ rule of thumb is that • Alternative tools, jigs, etc if elimination not possible exposure below 1m/s2 A(8), there is unlikely to be risk of • Job rotation as a last resort injury. Where exposure is greater than 1m/s2 A(8), there is an increasingly foreseeable risk of injury; hence potentially • PPE - there is no PPE proven to reduce the vibration compensatable transmitted to the hand • Inter-departmental liaison is critical – see below • Good documentation to prove what was done – see Scenario 3 List the departments or functions that will need to interact closely for this to be effective • Internal: occupational health, human resources, unions and/or workers’ H&S representatives, manufacturing production and engineering, management, procurement • External: insurance company, solicitors, engineers, HSE, contractors, customers, suppliers 5 QBE’S HAND ARM VIBRATION SYNDROME NOVEMBER 2007
  • SCENARIO 2 RESPONSES AND DISCUSSIONS: Following a recent increase in orders Specifically in relation to detecting What additional arrangements and consequent increase in demand the onset or worsening symptoms would you consider when for skilled labour, your organisation is of HAVS, outline the arrangements recruiting new employees? advertising vacancies in the local press. There are several activities routinely that should be in place. • To an extent this will be governed by undertaken where the operator would • Occupational health pre-employment the specific peculiarities and dynamics be exposed to high levels of HAV questionnaire of the local labour market. However, above the EAV of 2.5m/s2, determined the company’s policy for managing • Periodic repeat questionnaire for using manufacturers’ published data. existing employees HAVS should be sufficiently robust to There have already been individual ensure new employees’ benchmark reports of HAVS symptoms via the • Training of both the workforce and status is established and that they organisation’s external occupational management tiers in HAVS risk, are automatically included in the health function. symptomology and reporting occupational health programme for arrangements managing HAVS. The pre-employment 1. Specifically in relation to detecting • HAVS policy in place and interview process and medical the onset or worsening symptoms communicated to workforce arrangements should be tailored of HAVS, outline the arrangements to ensure this is addressed by that should be in place. • If the civil courts consider considering past work history, past 2. What, if any, additional arrangement that exposure of >1m/s2 is HAV exposure and any known medical would you consider when recruiting compensatable, then it follows condition or symptomology. No new employees? that health screening should be additional arrangements are necessary arranged for all employees routinely 3. List the departments or functions exposed to >1m/s2 A(8) per se that will need to interact closely for • If additional arrangements need • In line with L140 recommendations these strategies to be effective. to be made, then that in itself is regarding redeployment of personnel whose condition has deteriorated to indicative that the primary policy Late Stage 2 (Stockholm scale), a is flawed in its detail or its execution robust redeployment policy needs to and should be amended accordingly be in place and fully communicated • Full documentation of the above to all potentially affected by it arrangements • Records to reflect all of the above • Consider obtaining a signed mandate to access new employees’ GP records to satisfy concerns where previous symptomology is reported List the departments/functions that will need to interact closely for these strategies to be effective • HR • H&S • Occupational Health • Line management • Production planners • Workers’ representatives 6 QBE’S HAND ARM VIBRATION SYNDROME NOVEMBER 2007
  • SCENARIO 3 REPONSES AND DISCUSSIONS Your organisation is about to begin Create a list of documents and • Risk assessment implementing its HAV management records that might be useful for • Ergonomic study strategy, which has full board support demonstrating to interested parties and is being rolled out across all • HAVS policy locations. how you manage HAV exposure. • Measurement results/data 1. Create a list of documents and records that might be useful for • Work instructions relating to safe demonstrating to interested parties, tool usage (safe system of work) such as the HSE, how you manage • Tool selection criteria HAV exposure. • Tool purchasing policy 2. How do you think these records should be archived so they are • Planned preventative maintenance accessible and useful in assessing schedule and records of the any future personal injury claims? maintenance undertaken 3. List the departments, functions and • Tool specific training documents systems that will need to interact • HAVS training documents closely for this to be effective. • Record of job rotation by individual • Occupational health policy and arrangements • Occupational health records: pre-employment, regular checks, focused referrals, any symptomology and redeployment advice, and so on • Training: on a general point, it would be prudent to record the syllabus content for any training provided, such as what training was delivered, along with evidence of the competence level attained, e.g. post-training test to validate understanding,... • Workplace inspections and/or behavioural observations to demonstrate adherence to the safe system of work 7 QBE’S HAND ARM VIBRATION SYNDROME NOVEMBER 2007
  • How do you think these records should be archived such that they are accessible and useful in assessing any future personal injury claims? The groups considered: 1. Security – theft, malicious damage, trespass, vandalism 2. Fireproof container 3. Environmentally/climatically secure 4. Retention period, minimum of 40 years recommended 5. Easily retrievable, by task, location or individual 6. Indexed to aid easier retrieval 7. Site closure – record retention needs to be properly owned and resourced Two general points were made: • If records are not readily retrievable, they are unlikely to be of use to claims inspectors who have a very limited time frame in which to investigate a claim and arrive at a decision on liability, i.e. to either admit or deny liability • BS ISO 15489 and BS 5454 will be of interest when considering the design parameters for an archiving and document retrieval system List the departments, functions and systems that will need to interact closely for this to be effective • IT • HR • H&S • Occupational health • Management • Maintenance • Unions • Insurers 8 QBE’S HAND ARM VIBRATION SYNDROME NOVEMBER 2007
  • CONCLUSIONS HAV continues to pose a number of challenges to employers and their insurers. The Control of Vibration at Work Regulations 2005 will serve to focus employers’ attention on managing HAV exposure such that future disease incidence and severity will be reduced – a move that has to be welcomed by all. The new regulations replace implicit actions with explicit duties but the associated liabilities placed on companies remain essentially unchanged in principle, albeit lower action levels and thresholds have been introduced. In order to prevent HAVS and to be in a better position to defend Eur Ing Philip Bladon CEng CMIOSH MIMMM any future personal injury claims, employers need to have: Risk Manager, Casualty • Risk assessments that accurately indicate likely exposure QBE Insurance (Europe) Plantation Place • Systems of work that minimise exposure 30 Fenchurch Street • Employees properly trained in HAVS risk control London • Work equipment; suitable for the task, properly maintained EC3M 3BD and properly used Mobile +44 (0)7786 396 380 • Health monitoring for all those at risk pbladon@qbe-europe.com • Effective record retention & archiving protocols www.qbeeurope.com Organisations that adopt such an approach will see a reduction in their incidence of HAVS and accordingly, will present themselves as a more attractive risk to liability insurers. Further advice and guidance is available on QBE’s Liability Risk Management website or alternatively, by contacting your QBE Liability Risk Manager, Claims Manager or Underwriter. http://www.qbeeurope.com/insurance-europe/insurance/uk-corp-employers-liability/liability_risk_managent.htm 9 QBE’S HAND ARM VIBRATION SYNDROME NOVEMBER 2007
  • Dear reader Thank you for taking the trouble to read this publication. QBE Risk Management believe that best practice organisations are those where senior individuals facilitate and engage in the processes of sensible risk management. We make this document available to all interest parties in an effort to share knowledge and promote good practise. Our services are available only to clients insured by QBE in Europe. Our insurance products are sold through insurance brokers. We cannot offer advisory services to anyone else, however we would be delighted to hear if you have found this document useful or believe there are risk management issues that do not receive appropriate attention in the media. Regards QBE Risk Management Team email: RM@uk.qbe.com www.QBEeurope.com/RM Disclaimer This document has been produced by QBE Insurance (Europe) Limited (“QIEL”). QIEL is a company member of the QBE Insurance Group. Readership of this Forum does not create an insurer-client, advisor-client, or other business or legal relationship. This Forum provides information about the law to help you understand and manage risk within your organisation. Legal information is not the same as legal advice. This Forum does not purport to provide a definitive statement of the law and is not intended to replace, nor may it be relied upon as a substitute for specific legal or other professional advice. QIEL has acted in good faith to provide an accurate Forum. However, QIEL and the QBE Group do not make any warranties or representations of any kind about the contents of this Forum, the accuracy or timeliness of its contents, or the information or explanations (if any) given. QIEL and the QBE Group do not have any duty to you, whether in contract, tort, under statute or otherwise with respect to or in connection with this Forum or the information contained within it. QIEL and the QBE Group have no obligation to update this report or any information contained within it. To the fullest extent permitted by law, QIEL and the QBE Group disclaim any responsibility or liability for any loss or damage suffered or cost incurred by you or by any other person arising out of or in connection with your or any other person’s reliance on this Report or on the information contained within it and for any omissions or inaccuracies. QBE European Operations Plantation Place 30 Fenchurch Street London EC3M 3BD tel +44 (0)20 7105 4000 fax +44 (0)20 7105 4019 QBE European Operations is a trading name of QBE Insurance (Europe) Limited, no.01761561 ('QIEL'), QBE Underwriting Limited, no. 01035198 ('QUL'), QBE Management Services (UK) Limited, no. 03153567 ('QMSUK') and QBE Underwriting Services (UK) Limited, no. 02262145 ('QSUK'), whose registered offices are at Plantation Place, 30 Fenchurch Street, London, EC3M 3BD. All four companies are incorporated in England and Wales. QIEL and QUL are authorised and regulated by the Financial Services Authority. QUL is a Lloyd's managing agent. QMSUK and QSUK are both Appointed Representatives of QIEL and QUL.