law 31
Protecting safety of machine operators
Protecting the health and safety of workers and visitors to the premises is a legal responsibility placed on all employers and, according to David Thompson, managing partner at Moore Blatch, it is vital to have robust procedures in place
The latest statistics released by the Health and Safety Executive (HSE) reveal that 148 workers were killed at work, 78,000 other injuries to employees were reported under RIDDOR (the Report of Injuries, Diseases and Dangerous Occurrences Regulations) and 175,000 over-7-day absence injuries occurred in the year 2012/2013.
Commenting on the issue, Thompson, who also heads up the firm’s health and safety team said: “Under the Health and Safety at Work
Act, employers need to ensure that the workplace is a safe environment, for both employees and visitors alike, and that all reasonable steps are taken to prevent accidents.
“The introduction and use of machinery is one area that needs careful consideration, with steps being taken to manage safety long before equipment is put into use.”
The use of machinery presents many potential risks for employees, from injury caused by moving parts, to parts of the body being drawn in, trapped or crushed – such as between rollers, belts and pulley drives.
Failing to ensure that dangerous/ moving parts of machinery are adequately guarded is an absolute offence. In other words, a prosecution can follow where companies have not adhered to this requirement even in cases where no accident or injury has occurred. If the HSE visits premises and notices dangerous/ moving parts of machinery are
Majenta proves growth is beautiful
Franchising can provide an attractive option for businesses seeking to expand their business. With the help of Hedges Law, Oxfordshire-based cosmetics and skin care company Majenta Beauty is using franchising to take its inspirational beauty brand from strength to strength, writes Bea Longworth
Jayne Lyons, creator and founder of Majenta, launched the company in October 2013 and her daughter Laura-Jane has now joined as marketing director. It’s been an exciting time for the team. The brand’s first pop-up retail shop in Oxford’s Westgate Centre was very successful and already Majenta make-up has attracted attention from top fashion designers, stylists and retailers across the UK and beyond, not to mention appearing in catwalk fashion shows and glossy magazines.
Lyons said: “Between us we have a lot of extensive knowledge of the industry and, after spending years creating the brand, I wanted
to franchise the business concept we’d developed. LJ and I knew that, to give our growth plans strong foundations, we needed expert legal advice.”
That’s where Hedges Law came in. The firm’s Oxford office, opened just over a year ago, has a focus on supporting small business owners and Hedges director David Engwell has been working closely with Majenta. “Jayne and LJ were aiming to expand through franchising and together we put a company policy in place that will ensure they have a sound framework within which to grow. We also spent time clarifying Majenta’s business goals and devising a clear plan to achieve
THE BUSINESS MAGAZINE – THAMES VALLEY – APRIL 2014
them, as well as registering its trademarks.”
In recent years Hedges Law has seen increased interest in franchising linked to the challenging economic climate. With banks and other sources of capital perceived as less open to lending, it’s proved an attractive option for small businesses, enabling expansion with reduced risk. Engwell commented: “Good legal advice is vital not only for franchisors seeking to license their brand, product or business model, but also for franchisees who are effectively setting up their own small business.
“The team has put incredible knowledge and passion into Majenta. The work they’ve done with Hedges Law to underpin their business with a solid legal and strategic framework is already paying dividends and I feel privileged to play a small part in their success.”
Details: 01865-594265
www.hedgeslaw.co.uk
David Thompson
not adequately guarded, they can impose a prohibition notice preventing the machine being used until it is rectified, which can impact on work and productivity.
Companies prosecuted for health and safety offences can face financial penalties of up to £20,000 in the magistrates court or an unlimited fine in the crown court.
Thompson concluded: “The best way to protect your employees, your productivity and to protect the business against prosecution is to ensure you have adequate health and safety procedures in place and know your responsibilities. For these
issues it is always wise to seek the advice from qualified health and safety consultants and experienced legal professionals.”
Five key steps to take to reduce the risk of injury from machinery:
• Produce a process based risk assessment for carrying out the task itself
• Check the machinery is complete and free from defects
• Check all elements of possible safeguarding have been fitted - where possible use fixed guards to prevent access to moving parts and where fixed guards are not possible look for other measures, such as two- hand controls and interlocks
• Control any remaining risk by providing employees with all the necessary training, instruction and safety equipment they need
• Produce a safe system of work for using the machine and ensure there is a standard operating procedure handed out to all employees.
Details: David Thompson 023-8071-8037
david.thompson@
mooreblatch.com www.mooreblatch.com
www.businessmag.co.uk
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