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Thompsons Seminar On Health And Safety And the Cuts - Full Report
With the successful completion of the half day seminar looking at how the Tory led coalition government’s cuts will drastically diminish health safety culture in the UK, this message was clearly received: A combination of the cuts and proposed legislation in a climate of deregulation and privatisation will create a health and safety gap which trades unions and their health and safety reps are going to have to try and fill in order to protect their members. The seminar also made it clear to those attending that in light of these cuts and proposed legislation it has never been more important to be a member of a trades union.
“I want to put on record the TUC's appreciation of the role of union safety reps. It is well documented that the rate of accidents is halved when union safety reps are active in a workplace, union reps literally save lives.” After welcoming the 80 trade union activists, safety reps and branch officers attending the half day seminar, Alan concluded his introduction by saying, “This seminar aims to ensure that reps are aware of their rights as safety reps and the obligations on employers - the law is no substitute for strong trade union organisation but at a time when we are all under pressure from the cuts it is essential that we are aware of all the tools that are available to protect members in the workplace." Phil Liptrot a personal injury lawyer took the first session of the seminar going into the detail, of the current situation and the effects that the cuts will have on the health, safety and welfare of the UK’s workforce. Highlighting Lord Young’s recent review into health and safety as the beginning of the attacks on health and safety culture, Phil gave an outline of the recommendations made by Lord Young saying, “Lord Young was one of Thatcher’s trusted advisers and employment minister in the 80’s presiding over 3 million plus unemployment figures.” His recent review of health and safety included the following recommendations: * Simplify risk assessments for “low risk” workplaces – offices, classrooms and shops * RIDDOR reporting – 3 to 7 days before employer has to report * Raise standards of health and safety inspections done by other bodies such as local authorities
* 2100 assaults on teachers in 10 years * 40% of teachers victims of aggression * 44 serious injuries * 207 teachers needed more than 3days off work and the fact that * Musculoskeletal and stress related illness is one of largest causes of absence in offices Commenting on the proposals for RIDDOR, Phil said, “Hazards reports that already only 50% employers comply with the current requirement to report accidents which result in sick absences of 3 days or more, but Young wants to increase period of time off work from 3 to 7 days. This will inevitably lead to: * Fewer inspections and investigations * Employers less accountable * Perception of safety increasing and therefore complacency Workers’ safety will be put at further risk!” Phil pointed out that the excuse given for these changes and the attack on employment legislation and risk assessments was to reduce small business burdens, but again it will simply create an increased risk to workers. Giving an example of a campaign which was about to be cut by the government, Phil reminded the seminar about the Hidden Killer campaign which is an education and information campaign for construction workers warning of the dangers of asbestos exposure. Despite TUC Risks figures of 20 construction workers a week dying of asbestos related disease, the budget cuts will result in the campaign being shelved. Phil raised concerns about the possibility that emergency services being free from prosecution by the HSE for example, despite failure by the employers to carry out risk assessments, and provide proper training etc. He gave the example of Paul Metcalf, a firefighter who drowned whilst carrying out water rescue. No proper risk assessments, or equipment and training had been provided by the employer. The subsequent HSE prosecution failed but within 6 months risk assessments, training and appropriate equipment had been put into place which the judge at the hearing commented cost next to nothing. Turning to the Health And safety executive, Phil said, “Young did recognise in his report that “The Health and Safety Executive (HSE) plays a vital role in the promotion of health and safety” yet 5 days later …. 35% cuts to the HSE budget were announced! His report was entitled “Common sense, Common Safety”. He suggested an alternative title: Unionised workplaces are safer workplaces!” Phil showed that a 35% cut in the HSE budget would result in fewer inspections, fewer investigations and fewer prosecutions, making employers even less accountable than they are now. In considering whether Lord Young was in touch with ordinary working people, Phil reminded the seminar of Young’s comments on 18 November last year: “For the vast majority of people in the country today, they have never had it so good ever since this recession - this so-called recession - started...” The very next day the anger that this caused amongst MPs and the general population caused Lord Young to write to David Cameron, “I feel that it would be right to resign forthwith from my position as your adviser” The NHS was the next area of discussion, with Phil stating that the TUC had recently made it clear that up to 50,000 jobs in the NHS over the next 5 years would go, with a further 6,346 jobs at risk across 53 mental health trusts. “This increased pressure on existing already overworked and vulnerable workers, combined with announcement from Ken Clarke of reduction in prison population of 3000 many of whom will have mental health problems, will add increasing pressure on mental health units and community care services.” In addition it was pointed out that 25% cuts in fire authority funding would result in: * Fewer firefighters * Fewer fire engines * Fewer whole-time stations * Increased response times “This will place firefighters and the public at further risk.”, Phil concluded.
Phil’s session was concluded by a discussion on the myths and realities of health and safety in the UK's workplaces, highlighting some of the more ridiculous media stories such as children having to wear goggles whilst playing conkers, and pancake raced being stopped on health and safety grounds. When it came to the realities, some graphics images were provided of injuries caused to workers as a result of the lack of protection and proper training. One example being of a road worker laying tarmac when the ramp used to put the roller on to the truck collapsed. Investigations showed that no steel ramps were available, only wooden planks available. No risk assessments had been carried out and the victim had to endure 28 operations as a result the injuries sustained. The image shows the injury sustained by the employee as a result of this lack of duty of care shown by the employer. In the next session, personal injury lawyer Naheed Akhtar discussed the Rights of H&S representatives and the law. Opening the session Naheed said, " The law recognises the importance of H & Safety representatives in reducing accidents and promoting health and safety in the workplace. H & S representative’s role is to act as a form of communication between the employer and employees, as the law recognises that the employee can give a very good insight into health and safety issues. Importance of safety reps role in reducing accidents is therefore paramount." Given the reduction in the HSE budget, Naheed reminded the seminar that, " The Health and Safety at Work Act 1974 remains the main legislation dealing with health and safety in the UK and operates to tackle health and safety issues in the workplace. The Act created the HSE and allows further legislation to be created under it. As the HSE budget is being reduced by 35%, it is even more important that H & S reps are aware of their rights under these laws." The seminar was also reminded that Civil law gives those employees who have been injured a remedy and this also reduces accidents. Safety Representatives & Safety Committees Regulations 1977 Regulation 3 - Appointing Health and Safety representatives Regulation 4 - The function of the Health and Safety representative Regulation 5 – Rights to other facilities, Rights to consultation and information Safety committees – purpose is to meet and address H & S issues, eg. review previous accidents, consider whether there is a pattern in relation to certain accidents, look to see how these can be reduced. The guidance notes encourage co-operation between the safety reps and employers, although this can be difficult try and work with the employer to promote health and safety. Important rights are: - Legal provisions for time off work Right to paid time off work - for necessary time to carry out function and reasonable time off for attending course. This is an issue that members have as often employers refuse to give time off. Other employees in the workplace can also be resentful about this. If there is any dispute should seek to reach a facilities agreement on what is reasonable. Seek parity with other unions to see how much time they take off. - Provisions as to employment tribunals Naheed concluded by raising an important point about risk assessments, " Make sure the employer is carrying out risk assessments. It is important to understand that it is employers responsibility to carry out risk assessments and not safety representatives. Safety representatives should be carrying out inspections which is not the same as risk assessment. However, It is good practice for safety reps to get involved with the risk assessment. Make sure it is not just a paper filling exercise for your employer and they are implementing the recommended steps, and reviewing the risk assessments. Litigation is a last resort." Michael Tighe, PI/employment lawyer, former shop steward and H&S rep took up the final session of the seminar to discuss The changing role of Health & Safety Representatives and give some practical steps that USR's can take. Mike introduced himself and detailed his background as a H&S Rep and Shop Steward, representing 400 members working two shifts in the manufacturing industry. This gives him the benefit of seeing H&S issues as both a H&S Rep and as a legal Rep pursuing personal injury cases from Union members injured in the workplace. Mike continued: “Health and Safety Reps are at the absolute front line when it comes to H&S in the workplace. There has over the years been a significant decrease in the amount of prosecutions, prohibition notices and fines brought against failing employers by the HSE. This decrease is more evident in the private sector however; there is a decrease across all sectors.” Focusing mainly on the pro-active role of H&S Rep’s Mike urged the seminar attendees to understand that, “The pro-active approach will not only hopefully prevent accidents from occurring but it will also assist members who are injured pursue successful claims against their employer should they wish. Referring to the previous session on H&S reps rights, Mike said, “I would like to revisit some of the rights in Naheed’s presentation that are granted to you as H&S Rep’s by the 1977 Act and give you some practical tips on how to make the most of your rights.” He continued: “Don’t assume your employer knows your rights – if you are having problems then show them the 1977 regs and the associated guidance notes. Download the booklet on Safety Reps and Safety Committees and check out the guidance notes.” Mike then covered a number of the rights: * The right to take necessary time off in order to perform your duties. Refer to the guidance notes. Reasonable – what is reasonable? Well it clearly depends on what side of the fence you are on. Discussion on reasonableness. Main point - Let your employer make the unreasonable argument. * Inspection - the important point for H&S reps when they do the inspection is to make sure that it is recorded and dated and that any issues are notified to your employer, and make a record of when your employer was notified and how and who was notified. * Format of inspection record – no real format but booklet from the TUC website within which there is a copy of a form that you can use. * Useful information on the steps that should take when there has been an accident was given out as part of the Thompson's H&S Manual handout which provided check lists of information which would be useful to obtain in the event of an accident. Mike Then went into the detail of the H&S Rep pro-active approach, pointing out that consultation is key. He gave an example of workplace layout changes, the moving of a workplace, and the environmental factors to take into consideration. Referring to the Safety Committee’s regulations, Mike urged safety reps to familiarise or re-familiarise themselves with the accident book, not only the format but in particular the accidents. He reminded the seminar that the right to inspect this was given in Regulation 7. “You may see that there have been recent accidents that have occurred and since that particular job, procedure or machinery is still a hazard and thus there is every chance that there may be another accident.”, he told the seminar. He continued, “Review the accident book prior to your H&S Committee meeting so you have time to investigate any recent accidents prior to the meeting. Agree a procedure with your employer in which you are automatically informed of any accidents in the workplace. After all you are entitled to this information.” Mike added, “ The main concern is the accident circumstances and location. Conduct the investigation and other information should become apparent. Remind employer of your right to see this and so suggest that they black line over the injured members personal details. Report all accident and importantly all complaints and Near misses - One member’s near miss is potentially the next member’s accident.” Mike then discussed communication channels between the safety rep and his/her members and also with the employer. He also said it was important for H&S reps to submit their own items to be added to the agendas of health and safety meetings, ensuring adequate time is set aside, to discuss these as the relevant people are there to make decisions. He also suggested putting a copy of the items raised on the union notice board to build confidence with the members and show them you are bringing the items up they ask about. He enforced this point saying, “Importantly when you are in the meeting don’t just raise issues, make suggestions and ensure that your employer assigns an action to the issue and gives somebody ownership of the action and issue it so that it will be seen to its resolution.” He added, “Another good idea is to display copies of the minutes on the notice board or by emailing them to your members. I personally found this very helpful as this builds your members confidence in you as their representative as they will see that you are bringing their issues to the attention of your employer and will lead to them being more open with you in the future.” With regard to the use of health and safety as a recruitment tool, Mike said, “I member my first day working in the factory, getting information on the benefits of joining the union. Speak to your regional organisers, and recruitment officers. Get them to send you packs of information to give to non members and new employees and remind all that union workplaces are safer workplaces.” Mike concluded his session by saying, “In closing I would just like to say that the cuts are coming, it’s up to you to ensure that your members Health and Safety in your workplace is considered when your employer is deciding on how to implement such cuts. If you are going to do one thing after today ensure that your employer knows that they have a duty to consult with you on any proposals that have an effect on the H&S of your members. Give them specific examples from any current proposals on how your members H&S will be effected. Make yourself a promise now that when you go back to your workplace you will take one or two of the ideas discussed today and implement it into your role as your members workplace H&S Rep.” Report by Chris Ingram, Unionsafety based on notes from Phil Liptrot, Naheed Akhtar, Michael Tighe of Thompsons Solicitors
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Following last weeks seminar on 28th February in Manchester dealing with the government cuts and the effects upon the health and safety of the UK's 15 million workers, Unionsafety reports in full on the half day seminar: 
Introducing the seminar, Alan Manning TUC North West Regional Secretary said,
