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HEALTH & SAFETY Q&A: JIM MILLER, IRIS COATINGS
Jim Miller has been the IRIS Coatings Programmes Manager for the last four years creating, implementing and continually updating the IRIS CARE Bodyshop Compliance System. During this time he has seen a vast number of changes in legislation and an increase in visits to repairers from the HSE and Local Authorities. Jim gives us an insight into the future of the industry and the ramifications of new legislation.
Q What changes are taking place with regard to the law, Jim?
A There have been many changes in current legislation. Recently, the introduction of new regulations, for example the Regulatory Reform (Fire Safety) Order 2005, which has replaced 118 pieces of legislation, repealing the Fire Precautions Act 1971 and revoking The Fire Precautions (Workplace) Regulations. Other new regulations include HSE requirements for spraybooths to be tested and for clearance times to be displayed.
Q How does this impact on the body repair industry?
A It incurs greater cost to the repairer and greater exposure to litigation for non-compliance to the law. Our industry is definitely on the enforcement authorities’ radar as they have become more active in recent years, which means repairers face greater challenges in maintaining lawful controls of their business.
Q What legalities affect repairers in particular?
A Over the past two to three years, IRIS CARE has had to actively deal with numerous notices being served on repairers (and in some cases, vehicle manufacturers) over a wide range of infringements such as hand arm vibration monitoring, health surveillance, asbestos in the workplace and manual handling. We have also had to deal with infringements of the Environmental Protection Act and, the Fire Safety (Reform) Order.
Q What happens during these events?
A Most notices are quickly resolved by repairers with guidance from the IRIS CARE team without the need for lower or higher court action being brought against the repairer. However, there has been a major change made to the law with the introduction of the Health And Safety (Offences) Act 2008. The purpose of this new act is to raise the maximum penalties available to the courts in respect of certain health and safety offences by altering the penalty framework set out in section 33 of the Health And Safety At Work Act 1974. This means the effect of the act is to raise the maximum fine, which may be imposed in the lower courts, to £20,000 for most health and safety offences, make imprisonment an option for more health and safety offences in both the lower and higher courts, and make certain offences, which are currently triable only in the lower courts, triable in either the lower or higher courts. This will introduce greater fines and greater potential for a custodial sentence being passed.
Q How can repairers avoid such potential fines and sentences?
A Best practice. Many repairers already have maintenance programs in place and do comply with some of the main requirements such as air quality checks, LEV tests, etc. However, sometimes this is not enough. The enforcement authorities want to see evidence of current risk assessments, maintained equipment records, continuous monitoring records, up-to-date training records and safe working practices. So repairers should try and put these into place. Better still, IRIS provides a free downloadable Bodyshop Compliance Gap Analysis document that will assist the repairer to ascertain their own level of compliance. This is available online from our website www.iriscoatings.com in the health and safety section.
Q Is it only the enforcement authorities the repairer has to worry about?
A No. As well as government authorities, many vehicle manufacturers, insurers, accident management companies, trade associations and fleet operators carry out audits for network approvals and legal compliance will inevitably be a part of that audit regime.
Q Where will it all end?
A It doesn’t. IRIS is currently developing protective management solutions for repairers’ ‘Relevant Duty of Care’ in the structural and cosmetic repair process of motor vehicles. PAS 125 goes a long way in achieving an audit trail of the repair but does not fully address more profound issues, such as the development of corporate responsibility and the possible risk of prosecution due to potential commercial conflict between cost of repair versus cost reduction by work providers. This could lead to unhealthy compromises being made in a repair that possibly could give rise to injury or even death of a driver and/or passenger(s). Therefore, breach of the Corporate Manslaughter and Corporate Homicide Act 2007 could be inevitable.
Q It sounds all doom and gloom for the industry. Are there any positives in all this?
A Most certainly. In comparison to the rest of the European States, the UK body repair industry is the most compliant and law abiding of them all, which in turn provides for healthier working conditions for our technicians and safer technical working practices and processes in the repair methods. Yes, stringent enforcement is in place and yes, the credit crunch is hitting our industry hard, but UK repairers are a tough bunch and are facing these challenges resolutely.
Q Why does IRIS provide such support services to repairers?
A As part of the marketing arm of a nationwide distribution supply chain, IRIS members no longer see distributors as just people who sell litres of paint, but as business partners with repairers, providing various business solutions, such as computerised IT, management information, training and work provision to help maintain profitability and security and, of course, staying out of jail.
Q Do you see IRIS CARE will be busy for the foreseeable future?
A With the amount of daily enquiries and requests for ‘fire fighting’ assistance from repairers, we are considering seeing if we can have flashing blue lights and sirens fitted to our vehicles.
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