Great Britain Archives - Work Comp Roundup

Union Opposes Push to Exempt Businesses From Safety Inspections

October 22, 2012 by Michael B. Stack Leave a Comment

Push for Workplaces to Be Exempt from Health & Safety Inspections

Protecting workers saves money as well as lives, British union UNISON said recently in its response to the Department for Business, Innovation and Skills announcement that hundreds of thousands of workplaces should be exempt from health and safety inspections.

According to UNISON, the government intends to introduce binding new rules on the Health and Safety Executive (HSE) and councils from April 2013, exempting hundreds of thousands of workplaces that have been designated 'low risk' from regular health and safety inspections.

Exemptions Include Offices, Schools, Catering & Cleaning

Its interpretation of low risk encompasses most of the workplaces where UNISON members are employed including offices and schools, and sectors such as health and social care, catering and cleaning.

Unison Opposes Exemptions

"The government does not take into consideration occupational ill health such as musculoskeletal disorders (aches and pains in joints and soft tissue) and work-related stress, which are the most common types of ill-health in so-called low risk workplaces, and account for more than three quarters of all work-related injuries and illness currently suffered in the UK." commented UNISON assistant national officer James Randall. "It also intends to scrap health and safety regulations which it claims are a burden on business.

Health and Safety Can Be Driver for Growth

However, in 2011 a survey conducted by the Institution of Occupational Safety and Health found that health and safety can be used as a driver for growth, given that protecting workers saves money, according to Randall.

Work-related accidents and ill health costs businesses nearly $12.83 Billion a year through absenteeism, low productivity and legal bills. The research found the overall cost of health and safety failures to the public purse, including welfare and health bills, is estimated at $35.28 billion.

UNISON believes that by reducing inspections by one-third and slashing regulations, business and the taxpayer will face the bigger burden of an injured and unwell workforce.

"We must organize and campaign to defend against the government's attack on health and safety at work, added Randall. "If you share our belief that everyone should be able to work without having their health damaged by their job, then join UNISON in speaking up for health and safety."

Author Michael B. Stack, CPA, Director of Operations, Amaxx Risk Solutions, Inc. is an expert in employer communication systems and part of the Amaxx team helping companies reduce their workers compensation costs by 20% to 50%. He is a writer, speaker, and website publisher. www.reduceyourworkerscomp.com. Contact: mstack@reduceyourworkerscomp.com.

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Fine More Than Doubles For Sick and Disabled Claimants Failing to Take Return to Work Steps

September 27, 2012 by Michael B. Stack Leave a Comment

Sick & Disabled Claimants Could Lose 70% of Pay

The British government recently put together plans to withdraw £71 a week from sick and disabled benefit claimants if they fail to take steps to return to the workplace.

According to information from the Guardian, a leaked draft of a Department for Work and Pensions (DWP) template letter warns sick and disabled claimants they will part with 70% of their weekly employment support allowance (ESA) if they do not take part in work-related activities, more than doubling the present fine. The DWP is also reportedly finishing up plans on whether to make unpaid and unlimited work experience placements part of work-related activity.

No Regulation More Than Doubles Current Penalty

At this time, those claiming ESA who have also been deemed fit to eventually go back to the workplace following controversial health assessments under the direction of private firm Atos, can only be docked a maximum of £28.15 a week if they break their agreement with their job advisers minus “good cause”.

According to the draft letter, expected to be passed on to all those in the ESA work-related activity group (Wrag), reportedly claims that from Dec. 3, the penalty will increase to £71 a week out of a maximum allowance award of £99.15.

Claimants can be directed into a pair of groups – the support group, who are deemed to be much further away from the workplace and have minimal conditions placed on their benefit claim; and the Wrag group, who are assessed to be able to take steps towards moving into work immediately, undertaking a number of activities to help get them back to work.

Law Changes December 3, 2012

According to the reported draft letter: “From December 3, 2012, the law is changing and you could lose more money, for a longer period of time, if you do not:

Attend and take part in work-focused interviews, without a good reason.
Carry out work-related activities that your adviser asks you to do, without a good reason.”

Under a heading titled: What is the change?, the two-page letter reportedly adds that there will be increased penalties and punishments for individuals “who do not take the actions requested by the adviser”.

<pAuthor Michael B. Stack, CPA, Director of Operations, Amaxx Risk Solutions, Inc. is an expert in employer communication systems and part of the Amaxx team helping companies reduce their workers compensation costs by 20% to 50%. He is a writer, speaker, and website publisher. www.reduceyourworkerscomp.com. Contact: mstack@reduceyourworkerscomp.com.

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Filed Under: Workers Comp News Tagged With: british, Department for Work and Pensions, DWP, Great Britain

Britain Court Says You Could Be Liable For Your Employees Violence

September 21, 2012 by Michael B. Stack Leave a Comment

Ruled Outcome Depends on Closeness of Violent Act to Employment

Great Britain’s Court of Appeal recently ruled that, where an employee inflicts violence on another employee or third party, the vicarious liability of the employer for the employee’s violent act will depend on the closeness of the violent act to the employee’s employment, according to labor union UNISON.

The Court of Appeal concluded that a broad view must be taken of the nature of an employee’s employment and what was reasonably incidental to the employee’s duties when considering his or her violent act.

Danger in Violent Reaction to Lawful Instruction

The Court of Appeal acknowledged that the possibility of friction is inherent in any employment relationship. The danger of a violent reaction to a lawful instruction is therefore a risk created by the employment. On this basis, a violent reaction may be connected to the employment rather than unrelated or independent of it.

Employer Could be Vicariously Liable

If an employee inflicts violence on a fellow employee or third party, where there is a sufficient connection between the violent act and the wrong doer’s employment, there is a real risk that the employer will be vicariously liable for the wrong doer’s violent act.

Should Take Active Steps to Reduce Risk of Violence

Safety reps should negotiate to ensure that their employer takes active steps to reduce the risk of violence in the workplace by reviewing their policies on this issue, ensuring that these policies are brought to the attention of all staff and, where there is violence, taking action in line with the disciplinary policy.

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Filed Under: Workers Comp News Tagged With: Domestic Violence in Workplace, Great Britain, Unison, Workplace Violence

Landmark Case Draws Line in the Sand on Holiday Pay

August 31, 2012 by Michael B. Stack Leave a Comment

Case Ruled Employee Entitled to Holiday Pay, Even if Off Whole Year

A landmark British case involving NHS Leeds has ruled that an employee is still entitled to paid annual holidays, even if they have been off sick for the whole of that year, according to a report from Unite, Britain and Ireland’s largest union.

The Court of Appeal recently ruled that part-time, 20 hour-a-week NHS Leeds clerical worker Janet Larner was entitled to her paid leave for the year 2009/10 when she was off sick for the whole year.

Unite national officer for health Barrie Brown noted, “This case was being watched by a number of NHS trusts for its outcome – and, in this respect, it is a landmark judgment.

Holiday Pay Part of Contract of Employment

“It reinforces the principle that if you are off sick for a lengthy period you are still entitled to paid annual holidays and that they can’t be withheld from you by an employer. It is part of your contract of employment.”

Larner, who lives in Leeds, worked for NHS Leeds from 2000 and went off on sick leave in January 2009 and never returned. The trust dismissed her in April 2010. But in the compensation package it did not include the untaken paid leave for 2009/10 on the grounds Larner had neither requested it, nor asked for it to be carried forward.

But lawyers for Larner, a Unite member, had argued that she had been too ill during that year and was not even thinking of taking holidays. Her case had been upheld by the Employment Tribunal and the Employment Appeal Tribunal.

In its judgement, the Court of Appeal stated, “She was entitled to carry her untaken paid leave forward to the next leave year in 2010/11 without making a prior request to do so.”

Important Principle Draws Line in the Sand for Employers

According to Brown, “Even though the sum involved in this case is less than £1,000, it shows that employers, not just in the NHS, can’t deduct holiday pay from sick employees in this fashion. The Court of Appeal ruling upholds an important principle and draws a line in the sand for other employers thinking along these lines.”

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Filed Under: Workers Comp News Tagged With: Great Britain, Holiday Pay, Ireland, Sick Pay

Powerful British Union Opposing Spending Cuts for Workers Safety

July 25, 2012 by Michael B. Stack Leave a Comment

Public Sectors Workers Being Assaulted

It is an outrage that public sector workers continue to be assaulted while carrying out their duties, and urgent action is needed to prevent and deter these attacks, British public sector workers’ union UNISON recently noted.

Following a parliamentary debate on attacks against NHS workers recently, the UK’s largest union called for the government to take urgent action to recognize the human cost of verbal and physical assaults on public sector workers.[WCx]

Government Cutting Spending, Union Opposes

The 2010/11 NHS Staff Survey revealed that 7% of NHS staff were victims of assault during that year, but the union fears that under-reporting is hiding the true extent of the problem. Yet, despite this, the government is reportedly continuing with a cuts agenda that will threaten initiatives to prevent these attacks and the ability of the police to find and prosecute the perpetrators.

Staff Nurse Assaulted and Suffered Needlestick Injury

According to UNISON, a staff nurse from Scunthorpe reported an assault – including a horrific needlestick injury – at the hands of a patient in January 2012:

“A patient had attacked a nurse earlier in the day, after which no one felt able to approach him. When, with colleagues, I went to clean the patient up, I was subjected to a violent attack that left me on sick leave for three months. I have had intensive physiotherapy and still regularly attend physio sessions.

“I suffered a needlestick injury while trying to sedate the patient and will be tested for blood borne viruses in the next few weeks. During the time I was off work and, for some time since, I have been in constant pain, I had limited use of my right arm and restricted movement of my neck. I could not hold a pen to write or brush my teeth.

“Everyday tasks took hours and I became depressed and withdrawn. Even now I am unable to perform all my duties as a nurse. Yet, mine was not a serious injury. I have made considerable improvement but will always have some level of pain and restriction of movement.”

Unison Union Lobbying Against Cuts

Dave Prentis, UNISON general secretary remarked, “It is right that the police have special protection under the law from assaults, but all public sector workers should be protected from attacks in the line of duty.

“Cuts to public services mean that it is hard working public services that often bear the brunt of frustration and anger from the public. Assaults of any kind – whether verbal or physical – are unacceptable, and it is important that prosecution rates, and resulting sentences, reinforce that message.

“Public sector cuts are hindering efforts by employers and the authorities to prevent these attacks happening in the first place. Health & safety is not just red tape, it saves lives, but how can the Health & Safety Executive protect workers when their budgets are being cut by more than a third?”

Prentis added, “The parliamentary debate shows that this sort of violence is on the radar, but more needs to be done urgently. UNISON demands that the government cracks down on this sort of crime and provides our public servants with the protection they deserve.” [WCx]

UNISON is Britain and Europe's biggest public sector union with more than 1.3 million members.

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Filed Under: Uncategorized, WC in Other Countries (International) Tagged With: Employee Safety, Great Britain, Labor and Union Issues, Safety Issues

Are Doctors Missing Asthma Caused On The Job

May 29, 2012 by Michael B. Stack Leave a Comment

New guidance launched recently in Great Britain calls on doctors to explore the potential job-related causes of asthma when diagnosing patients. An estimated one in six cases of asthma in people of working age is either caused or aggravated by work-related factors.

The guidance, produced by the Royal College of Physicians (RCP) and funded by NHS Plus, advises hospital doctors to question patients with respiratory problems about their job, the materials they work with and whether their symptoms improve when they are away from work. They also need to be aware of those that carry particular risks, such as laboratory workers, and workers in the chemical industry. Doctors are also being urged to not solely rely on the patient’s history, but to conduct tests such as peak flow measurements at work and away from work, and skin-prick tests for allergy to substances that could potentially be causing the illness.[WCx]

More than 200 substances have been shown to cause occupational asthma; these include plant substances, chemicals and certain metals, with contributing factors such as cigarette smoking making some workers more susceptible.

Dr. Paul Nicholson, lead author of The Guidance, noted, “Highlighting the prevalence of occupational asthma is absolutely key, as too often work-related factors are overlooked leading to unnecessary delays in proper investigation and management. When a patient displays signs of asthma, doctors should be enquiring about the patient’s job, the materials they work with, and whether their symptoms improve regularly when away from work.

According to Professor John Harrison, director of NHS Plus, “About 70% of the UK workforce does not have access to occupational health care. This makes it vital that hospital doctors and respiratory specialists are assessing asthma patients for potential work-related causes and advising appropriate treatment and preventative measures. By following this guidance they will offer their patients the best chance of recovery. The guidelines will benefit all doctors and healthcare professionals caring for people of working age, a long standing goal of NHS Plus.”

Dr. Sian Williams, clinical director of the RCP Health and Work Development Unit, added, “Whilst failing to spot the disease early can hinder a patient’s recovery, an incorrect diagnosis of occupational asthma can also have negative consequences; the worker may be required to change their ways of working, or even their job.. We recommend that doctors assess their patient’s symptoms, history and conduct tests so they can make a fully informed diagnosis.[WCx]

The Guidance, published in the Journal of Clinical Medicine, recommends that doctors seek consent from sufferers to communicate with the employer to advise them of the diagnosis and of the need to protect the patient from further exposure. Also Consult the LexisNexis/Matthew Bender most recent edition of Occupational Injuries and Illnesses for more information on Asthma and other illnesses.

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Filed Under: Medical Issues, WC in Other Countries (International) Tagged With: asthma, Great Britain, Journal of Clinical Medicine, NHS Plus, Occupational Asthma, Royal College of Physicians

British Retail Marketer Fined after Worker is Crushed to Death

May 18, 2012 by Robert Elliott, J.D. Leave a Comment

A British retail marketing company has been ordered to pay £118,500(188,000 USD) in fines and costs for serious safety failings after a worker at its Wakefield printing site was crushed to death, according to the Health and Safety Executive (HSE). Bezier Ltd., which employs some 700 people across nine UK sites, failed to heed warnings that could have saved the life of 49-year-old William Aveyard. [WCx] The platen press involved in the incident is being modified by Bezier to improve the safety features of the machine

William Aveyard, of Shipley, Bradford, was trapped in a hand-fed press at the print site in Balne Lane, Wakefield, and pronounced dead at the scene. Leeds Crown Court heard this month that Aveyard was using the press to cut out signs printed on corrugated card. It is thought he had climbed onto a moveable platen to remove waste following a misfeed. Aveyard received fatal injuries when the platen activated and crushed him against the fixed press.

An investigation by HSE found that Bezier failed to act on the knowledge they had of a fatal incident at a separate company a year earlier when a worker died after being crushed between the fixed and moveable parts of a similar hand-fed platen press.

Although Aveyard was experienced in the print industry, Bezier had failed to ensure he was adequately trained to use the machine. In addition there was no written safe system of work for the machine operators to access the press and deal with misfeeds. HSE Inspector Andy Denison noted, “The sudden – and avoidable – death of Mr. Aveyard was a devastating blow for his family.

“Bezier did not act on the knowledge they had of a similar incident. The need for a safe system of work was identified at a Bezier meeting in May 2007. In February 2008, an external health and safety consultant prepared a risk assessment and an action plan but again, the company failed to act. “Accessing the machine to retrieve misfeeds created a serious and foreseeable risk of death or serious injury. Bezier were fully aware of those risks before this incident and failed to implement the required controls.” [WCx]

Bezier Ltd, a specialist in point-of-sale marketing, of Silkwood Park, Wakefield, pleaded guilty at an earlier hearing to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. They were fined £80,000(127,000 USD with £38,501.83 (80,000 USD) in costs.

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Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.

Filed Under: WC in Other Countries (International) Tagged With: Beizer Ltd., Great Britain, Health and Safety Executive, HSE

Shop Workers Union Concerned Over Employee Conditions

April 4, 2012 by Robert Elliott, J.D. Leave a Comment

Great Britain’s shop workers Union Usdaw (Union of Shop Workers, Distributive and Allied Workers) reports it is extremely worried by the increase in reported incidents of abuse and threats against shop staff recorded by the British Retail Consortium’s (BRC’s) annual survey of retail crime which was published recently.

The BRC says that, excluding recent riots, the total number of reported incidents of verbal abuse, threats, and violence against shop workers rose by 83% in 2011, driven by a more than three-fold increase in threats and a five-fold increase in incidents of verbal abuse. [WCx]

On a more positive note, the total number of physical assaults against shop workers reduced by 62.8% in 2011 and the total number of incidents remains on a downward trend. Despite this year's increase, the BRC says the total number of incidents against shop workers has reduced by a compound annual rate of 30% in the past 7 years.

The BRC attributes part of the this year's overall increase to staff being encouraged to report all threats and incidents of verbal abuse, although the report also highlights the fact that retailers themselves still continue to report less than half of all incidents of shoplifting (46.9%) to the police.

The BRC's survey also details the human cost of the riots and the appalling levels of violence and fear of violence faced by shop workers in August. In total over more than 5,000 crimes were committed, including 1,860 incidents of arson and criminal damage, 1,649 burglaries, 141 incidents of disorder, 366 incidents of violence against the person and 5 fatalities. The vast majority of employers (81.5%) said their staff was fearful of violence with around a third reporting incidents of physical and verbal violence against staff.

John Hannett, Usdaw general secretary noted, "The huge leap in reported incidents of verbal abuse and threats against shop workers is extremely worrying and shows why we need to continue to work closely with the BRC, employers, police and other agencies to reduce all incidents of shop crime, create safer workplaces and ensure offenders are brought to justice. [WCx]

"While the reduction in the number of assaults and continuing downward trend in the total number of incidents is welcome news, our own survey figures indicate there continues to be a significant problem of under-reporting and that these figures remain the tip of a very large iceberg."

Author Robert Elliott, executive vice president, Amaxx Risk Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He is an editor and contributor to Workers Compensation Management Program: Reduce Costs 20% to 50%. Contact: Info@ReduceYourWorkersComp.com.

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Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.

Filed Under: Safety and Loss Control, WC in Other Countries (International) Tagged With: British Retail Consortium, Great Britain, Labor Relations, retail Workers, Unions, USDAW

UK Businessman Prosecuted for Dangerous Work Conditions

April 3, 2012 by Robert Elliott, J.D. Leave a Comment

A Kent-based partner of a development company was prosecuted after dangerous conditions were found at a demolition site in Dover, Great Britain.

According to a report from The Health and Safety Executive (HSE), Allan Smith was prosecuted for failing to undertake an asbestos assessment and for not securing a demolition site.

Canterbury Magistrates' Court heard that the Royal Oak Public House, Sandwich Road, Whitfield, Dover, was purchased for development. Over the next six months, Smith from ATS Developments acted as the principal contractor to demolish the building.

HSE was contacted by a member of the public who complained that the site was insecure and children were playing on the building site. An HSE inspector visited to find the pub partially demolished and the site unfenced, despite there being a public footpath running across the land.

The HSE investigation found that no asbestos survey had been carried out prior to demolition, which remained the case even after HSE sent a letter to the partners stating that a survey needed to be undertaken. An Improvement Notice was served about site security.

After the hearing, HSE's Inspector Caroline Penwill noted, “Mr. Smith did not think about the risks he may have exposed his workers and members of the public to by cutting corners.

“Before anyone undertakes any demolition works they must consider whether asbestos is present and take precautionary steps such as carrying out an asbestos survey.

“The site was also very unsecure and exposed local children to the hazards of a building site. What makes this case all the more disappointing is that Mr. Smith continued to work after the HSE advised him to undertake an asbestos survey.

Allan Smith, from Bowling Green Lane, Deal, Kent, pleaded guilty to Regulation 5 of the Control of Asbestos Regulations 2006 and Regulation 27(2) of the Construction (Design and Management) Regulations 2007. He was fined £7,000 ($11,000) and ordered to pay costs of £7,000 ($11,000).

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Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.

Filed Under: WC in Other Countries (International) Tagged With: England, Great Britain, HSE

British Manufacturer Sentenced after Worker Has Hand Crushed

March 28, 2012 by Robert Elliott, J.D. Leave a Comment

A British manufacturing firm has been sentenced after a worker's hand was crushed in a metal press at a St Helens factory, according to a report from the Health and Safety Executive (HSE).

Barry Kelleher lost his little finger and part of the palm on his right hand as a result of the incident at Crane Building Services and Utilities. The 47-year-old from Leigh also needed two skin grafting operations.

The owner of the factory, Crane Ltd, was prosecuted by HSE after an investigation found the machine could still be operated when a workers hand was underneath the mould. Note: Physical guards and light curtains generally prevent a workers hand from entering the pinch point area.

Knowsley Magistrates Court in Huyton was told the machine had been installed at the factory on Delta Road in St Helens in 1967, but had not been upgraded to comply with modern health and safety laws.

Kelleher does not remember the incident on Jan. 19, 2011, which occurred while he was using the press to mold metal parts, used by the gas industry.

However, the HSE investigation concluded that the most likely explanation is that he inadvertently pressed the foot pedal on the machine while his hand was under the mould.

Crane Ltd pleaded guilty to a breach of the Provision and Use of Work Equipment Regulations 1998 by failing to prevent workers from being able to access the dangerous parts of the machine while it was operating.

The company, of West Road in Ipswich, was fined $15,530 and ordered to pay $7,080.77 in prosecution costs.

Kelleher was off work for seven weeks as a result of his injuries, before returning to work initially for one day a week.

Kelleher was one of more than 3,800 workers who suffered a major injury while at work in the manufacturing industry in Great Britain in 2010/11. Another 27 lost their lives.

Note: machines should be designed so that when body parts are in or near a pinch point, the machine will not operate; machines are then said to be "fail safe." If an adjuster sees such an injury, they must make serious inquiry into whether the machine manufacturer should be brought into the situation as a third party or subrogee.

Author Robert Elliott, executive vice president, Amaxx Risk Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. See www.LowerWC.com for more information. Contact: Info@ReduceYourWorkersComp.com.

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Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.

Filed Under: Legal Doctrines, Medical Issues, Safety and Loss Control, WC in Other Countries (International) Tagged With: Fail safe guards, fines, Great Britain, Health and Safety Executive, HSE, Legal Issues, Medical Issues, Product Liability

Union Opposes Push to Exempt Businesses From Safety Inspections

Fine More Than Doubles For Sick and Disabled Claimants Failing to Take Return to Work Steps

Britain Court Says You Could Be Liable For Your Employees Violence

Landmark Case Draws Line in the Sand on Holiday Pay

Powerful British Union Opposing Spending Cuts for Workers Safety

Are Doctors Missing Asthma Caused On The Job

British Retail Marketer Fined after Worker is Crushed to Death

Shop Workers Union Concerned Over Employee Conditions

UK Businessman Prosecuted for Dangerous Work Conditions

British Manufacturer Sentenced after Worker Has Hand Crushed

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