Welcome Guest! The IOSH forums are a free resource to both members and non-members. Login or register to use them

Postings made by forum users are personal opinions. IOSH is not responsible for the content or accuracy of any of the information contained in forum postings. Please carefully consider any advice you receive.

Notification

Icon
Error

Options
Go to last post Go to first unread
EyeSee  
#1 Posted : 25 June 2012 14:21:27(UTC)
Rank: Forum user
EyeSee

Im involved with a case against us at the moment (wont go into too many details etc.)

Basically, he's worked with us for a number of years, since about 1990, using many tools. A few years ago he'd been diagnosed with HAV, and Ive been asked to provide details of what measures were taken into account at around that time. To cut a long story short - not a lot.

Was there any legislation on vibration in place prior to the Control of Vibration at Work Regs in 2005? Where do we stand on this? If there wasn't (I suspect there will be, but maybe vague?!) any legislation, how do we defend ourselves against something that didn't exist?

I await your responses....

cheers everyone :)
kdrew  
#2 Posted : 25 June 2012 14:46:11(UTC)
Rank: Forum user
kdrew

Not to my knowledge, just guidance in HSG88 and a general duty under the HASWA.
Kevin
Ron Hunter  
#3 Posted : 25 June 2012 15:02:03(UTC)
Rank: Super forum user
Ron Hunter

The general catch-all of HASAWA applies. The risk has been known since the advent of powered hand-tools in the earlier part of the last century. The absence of specific legislation is really irrelevant to your situation.
Richard5665  
#4 Posted : 25 June 2012 15:06:17(UTC)
Rank: New forum user
Richard5665

Here's a potted history of vibration, but agree with kdrew - HASWA 1974 placed general duties on employer, more specific info in 1994 with HSG88 ...
Vibration - A Brief History
•Hand-arm vibration began to affect workers once powered hand-held machinery was introduced for various tasks in the first half of the 19th century.
•1839 - pneumatic tools were first used in French mines.
•1862 - Primary Raynaud's Phenomenon (Raynaud's Disease) identified. Dr Maurice Raynaud wrote thesis which identified clinical condition of "white finger" or "dead hand".
•1911 - Professor Loriga first described vascular spasm in the hands of Italian miners using pneumatic tools.
•1918 - Alice Hamilton studied miners using drills in limestone quarries in Bedford Indiana and described spastic anaemia of the hands.
•1930 - Factory Inspectorate reported cases of dead-finger amongst the operators of pounding machines in the boot and shoe industry.
•1930-40s - Cases of white finger were identified studies in fettlers, riveters, boot and shoe industry workers and users of electrical powered rotating tools.
•1950s - research links signs and symptoms in nerves, bones, joints and muscles with vibrating tools.
•1968-69 - After 12-14 years of continuous chain saw use widespread complaints of VWF in operators.
•1970 Forestry Commission issue anti-vibration chain-saws to its employees.
•1975 - Scale for assessing the extent of vascular injury associated with vibration white finger published by Taylor-Pelmear in "Vibration white finger in industry".
•1975 – Employers duties to safeguard workers health (including the effects of vibration) undet the Health & Safety at Work, etc Act 1974;
•1985 - VWF becomes a prescribed disease for Industrial Injuries Disablement Benefit purposes and reportable under RIDDOR.
•1987 - Stockholm scale for assessing both vascular and sensorineural components of VWF published. Standard for measurement of vibration published in BS 6842.
•1988 - HSE research on exposure to HAV in a number of industries in Great Britain published. Further research on exposure in mines and quarries and in railway maintenance published in 1991 and 1994.
•1989 - EC Machinery Directive adopted; includes requirements on HAV.
•1992 - Supply of Machinery (Safety) Regulations implement Machinery Directive in GB.
•1992 - HSE produce guidance on VWF in Foundries
•1993 - Carpal tunnel syndrome associated with use of vibrating tools becomes a prescribed disease
•1994 - HSE publish generic guidance on HAV ‘HSG88’
•1997 - HSE publish a book of vibration-reduction case studies
•1997 - 30 September High Court awards £127,000 compensation for VWF to 7 miners, 12,500 more cases in the pipeline.
•1997/8 Interim results from HSE’s research, indicate that the numbers of people exposed to high levels of vibration may exceed 1 million.
•1998 Phase 3 of HSE's Good Health is Good Business began in Spring and encouraged better management of the risks from HAVS.
•BS EN ISO 5349 – 1: 2001 Mechanical vibration - Measurement and evaluation of human exposure to hand-transmitted vibration - Part 1: General requirements.
•BS EN ISO 5349 – 2: 2002 Mechanical vibration - Measurement and evaluation of human exposure to hand-transmitted vibration - Part 2: Practical guidance for measurement at the workplace
•2002 The Council of Ministers adopted the text of the Physical Agents (Vibration) Directive on 21 May 2002. The UK has 3 years in which to implement the Directive as Legislation.
•L140 ‘The Control of Vibration at Work Regulations 2005’ came into force 6 July 2006

bob youel  
#5 Posted : 25 June 2012 15:07:24(UTC)
Rank: Super forum user
bob youel

If I remember it correctly there was a civil case in 1976 and thereafter we all had to have a stronger defence - No I cannot remember the case reference and in those days we had no computers especially hand held kit that could site measure

The measurement of vibration in engineering is not new but human vibration measurement is - that I can recall its only since ~the early 90's that we have the tools to measure and only very recently the ability to 'on site' measure

Your defence is against civil, common law & HSWA 74 and lack of knowledge is no defence
chris42  
#6 Posted : 25 June 2012 15:10:41(UTC)
Rank: Super forum user
chris42

The claim letter from the solicitor should spell out what legislation etc they feel covers this situation. Some years ago a claim came in from an ex employee who worked for the company in 1965 ish for a HAV issue , but I forget now what was listed in the letter. The thing is you don't need specific legislation, just that the effects of vibration were generally known about. It's all about awareness and then the HASAW act 1974 kicks in.




Phillips20760  
#7 Posted : 25 June 2012 15:27:39(UTC)
Rank: Forum user
Phillips20760

Agree with previous posters. A hazard still "exists" even if there is no specific legislation covering it. If the presence of a hazard is common knowledge within industry then the employer has a legal duty to prevent exposure and reduce risk ounder the general provisions of HASAWA s3 etc.

As vibration is a forseeable and accepted risk (see previous posts) since at least the 50's & 60's the employer has a duty of care towards employees to prevent exposure.

This test of "forseeability" was famously tested in Roward v National Coal Board (1986) & Brooks v Coates (1984)

BR
Ian
A Kurdziel  
#8 Posted : 25 June 2012 16:50:31(UTC)
Rank: Super forum user
A Kurdziel

You cannot sue for a breach of duty under Health and Safety at Work Act 1974 (See Section 47) but as the issue was known about the general duty in common law would come into play before the current regs came into force. In addition the Management of Health and Safety at Work Regulations might also apply in particular the duty to carry out suitable and sufficient risk assessment.
Users browsing this topic
Guest
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.