Archive for the ‘Health and Safety’ Category
By Emma - Thursday, April 3rd, 2008
This case is an useful reminder of the need for employers to conduct risk assessments where they employ women of child bearing age. Paragraph 34 onwards of the decision outlines the process involved in undertaking a risk assessment in relation to a pregnant employee in an office environment - identifying the risks posed by lifting, bending over etc and then assessing steps to mitigate those risks. The case illustrates the practical steps that need to be taken to meet the legal requirements under health and safety law.
What is noteworthy is that under the snappily titled Management of Health and Safety Regulations 1999 there is a requirement on the employer to make a record of the risk assessment but no requirement to give that record to the pregnant employee. An oral notification is sufficient.
Readers are reminded that if an employer fails to undertake such a risk assessment that failure could constitute sex discrimination and be actionable in the employment tribunal
Posted in Health and Safety, Maternity, Sex/Race Discrimination | No comments »
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By Sarah - Wednesday, January 23rd, 2008
The European Heart Journal has reported on a study into the effects of heart disease. The study found that those with stressful jobs under 50 years of age are 70% more likely to develop heart disease. Apparently a stressful job has a direct biological impact on the body. You can read the full story here. With special thanks to my client for sending me this story for its relevance in a Protection from Harassment Claim.
Posted in Health and Safety | 2 comments »
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By Sarah - Monday, January 14th, 2008
Smoking inspectors are on the rampage having issued over £1,000 written warnings to employers for failing to prevent smoking in their premises in the first four months of the ban leading to eight court hearings. Over £6,000 warnings were issued for failing to display the correct signs in their premises or vehicles.
Companies need to ensure they have the correct framework in place. We have had reports from one Company client of the police camping out at the end of the industrial estate stopping vehicles leaving the estate and checking for signs. Nothing to do with a quick buck I’m sure!
Posted in Health and Safety | No comments »
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By Sarah - Thursday, December 20th, 2007
The laws have today been tightened on using the mobile phone whilst driving. It has been banned for sometime but today a new law will come into effect that means the penalty might not just be a fine and points but a jail sentence of up to two years. This is if the use of the mobile causes dangerous driving.
In reality this option has always existed for the police because they could prosecute for dangerous driving previously. The purpose of the change is however in my opinion more to highlight the seriousness of the actions and the consequences to try and discourage people from doing it.
Employers need to ensure, if they have not already done so, that they have a policy which deals with use of the mobile telephone whilst driving or not as the case may be. Most employers ban use of the mobile telephone whilst driving unless on hands free although the news suggested this can be just as dangerous. Employers should also ensure that their policy covers the use of sat nav as many a person can be seen fiddling with this whilst on the move.
Posted in Health and Safety | No comments »
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By Sarah - Friday, November 30th, 2007
The Government has launched a review of health and safety laws and is seeking views from employers, workers and experts on how the laws of health and safety can be revamped. This is in particular from the small employer persepctive and there is also an aim to reduce the amount of form filling by 50%.
You can have your say here. So if you have any gripes and think things can be done better any better now’s the time to have your say. Consultation closes on 31st January 2008.
Posted in Categories, Health and Safety | No comments »
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By Sarah - Tuesday, August 28th, 2007
New research has found that nearly a third of British workers admit to moonlighting. Of these around 47% say they do it for the money, 25% as their talents are not recognised in their day job and 20% to broaden their horizons.
According to the survey, most workers keep their employers in the dark about their behaviour with 70% saying that their main employer was unaware of their other jobs. Of those surveyed 43% stated that holding multiple jobs was forbidden by their main employer.
It is not uncommon for there to be such clauses in contracts of employments, which require employees to devote their whole time to the main employer and not to hold other employment. Working a few hours in a bar at the weekend may not cause many employers too much of a problem but an issue can arise however in a number of ways.
The first way, is where the second job starts to impact on the first job. Ways we have seen this occur are with nightclub doormen or other moonlighting which is just that. The employee then finds it difficult to get to work on time or pulls false sickness etc to rest. These are of course matters of conduct which could land an employee in disciplinary proceedings.
The second way this can impact on the first job, is where the employee is working for a competitor or in a way which which may be detrimental to the business. Where the contract expressly forbids such action, this again may be a disciplinary matter. The other issue is where the employee is not taking sufficient rest periods between jobs which can impact on their health and safety.
The issue of moonlighting can be a difficult one to manage. Share your experiences with us.
Posted in Breach of Contract, Health and Safety | 1 comment »
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By Sarah - Tuesday, August 14th, 2007
Today I was musing hypothetically over one of those ‘What If…?’ scenarios and applied to the formula the ‘What if the Tories came into power and removed the Red Tape?’
The answer? Employers would be affected as the balance between them and their employees swings towards favouring those running the show; less rules regarding redundancy procedure would mean they could get rid of staff more easily, employees would be the ones to lose out with Britain opting out of the EU Social Charter and changes being implemented in those well-known (and dreaded?) Health and Safety Regulations.
The idea behind all this chopping and cutting is there being a reduction in costs by an estimated £14bn, termed by Redwood who came up with the idea as a ‘tax cut by any other name’, termed by the Labour Party who oppose it ‘giving up any claim to be a credible party of the centre ground.’
Now the real things to ponder over: are the Conservative Party right or centre? blue or green? or red for that matter? What if…
Posted in Government Publications, Health and Safety | 4 comments »
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By Sarah - Friday, August 3rd, 2007
Statistics released today show that one in five workers do not take a lunch break. I have to confess often myself included. However, employers may be rubbing their hands with glee at the thought of getting more out of staff but they need to think of the bigger picture.
In fact, they could be failing in their obligations under the Working Time Regulations which state that where a worker’s daily working time is more than six hours, they are entitled to a rest break of not less than 20 minutes. Also in the long term this can affect their health and ability to do the job.
Interestingly, the same survey team in a different survey found that nearly one quarter of those employees surveyed enjoy an alcoholic drink during their lunchbreak. It would seem there for that since 20% do not take lunch breaks, that actually, it is 25% of the remaining 80% that enjoy a tipple or too. Normally this is more often the case in the summer as employees enjoy sitting outside down the pub in their lunchbreak.
There is a fine line however to be drawn and the employee must be careful that he/she is not contravening health and safety by working in the afternoon under the influence of alcohol. This is particularly the case when they are due to get behind the wheel or operate machinery.
Posted in Health and Safety, Working Time Regs | No comments »
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By Sarah - Tuesday, June 26th, 2007
It is the countdown to stubbing out that cigarette for good. In 5 days time on the 1st July 2007 smoking will be banned from all public places. We have heard of reports from clients of bike shelters loosing two of their sides to turn them into smoking shelters and other clients who have gone for an outright ban.
If you have not already begun to plan for the ban - you need to act quickly. Free guidance is available from most local councils since they will be the ones enforcing the law next week. Employers may also want to consider making the offence of smoking on site Gross Misconduct in their policies given the penalties involved for a violation of the law. Employers may also want to consider whether they want to have a policy for helping staff kick the habit. This is in addition to the legal requirement concerning signs and any smoking roooms/shelters.
For those of us that do not smoke we cannot wait until Sunday when we can go to the pub without passive smoking. Smokers have one more Saturday night on the town and workers in pubs and restaurants, where smoking is still permitted, have only a few more days before the workers can be smoke free too! As the law comes into force on 1st July 2007 it will be interesting to see what will happen with venues that open beyond midnight. Will they implement it suddenly at 12.01am or will they allow smoking until they open for business on the 1st July?
Either way no doubt the news will be dominated next week with smoking ban stories. Have your say on the smoking ban and the effect on your workplace on this site.
Posted in Health and Safety | 6 comments »
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By Liam - Monday, April 16th, 2007
ACAS have published guidance on the cunningly named Health Act 2006 which will at lastintroduce the smoking ban in public places and workplaces in England from 1 July 2007. The guidance can be found here.
Amongst other things, some of the traps that could lead to employers being fined as easily as motorists, include the requirement to put a no smoking sign on every entrance to a no smoking premises. It is not just any no smoking sign that will do. Subject to finalisation of the Regulations which are currently being considered by Europe under the Technical Standards Directive, the sign must be A5 (not A4 or A6, but A5) and must contain the words “No smoking. It is against the law to smoke in these premises”. How many readers of this blog have that wording on their current signs? I wonder who will receive the revenue from the £1,000.00 fine for employers caught not displaying the correct signs, or the £2,500.00 fine for failing to ensure premises are smoke free?
Posted in Health and Safety, Miscellaneous | No comments »
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