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Are you complying with Health and Safety regulations?

Are you complying with Health and Safety regulations?

According to research by RIDDOR, 123 employees died in work-related accidents in 2021/2022.

What are the full statistics?

Fatal injuries to workers by industry are as follows:

  • Construction – 30
  • Agriculture, fishing, and forestry – 22
  • Manufacturing – 22
  • Transport and storage – 16
  • Admin and support services – 12
  • Wholesale, retail, motor repair – 11
  • Waste and recycling – 1
  • Other – 9

Fatal injuries to workers by age

  • 60 plus – 29
  • 16-59 – 93
  • Unknown – 1

Main reasons for fatal injuries

  • Fall from height – 29
  • Struck by moving vehicle – 23
  • Struck by moving object – 18
  • Contact with moving machinery – 15
  • Trapped by something collapsing or overturning – 14

Unfortunately, the workers were not the only one victims of workplace accidents as 80 members of the public lost their lives too during 2021/2022.

With this in mind, it is vital that employers are keeping on top of the Health and Safety at Work etc Act 1974.

This guidance sets out an employers’ general duties towards:

  • Their employees
  • Members of the public
  • Themselves

Please note, certain self-employed workers also have a duty towards themselves and others.

Below are two main regulations to remember, one of which has become more widely known since the start of the Covid-19 pandemic.

The Workplace (Health, Safety and Welfare) Regulations 1992

Employers must provide staff with:

  • Sufficient lighting, heating, ventilation, and workspace (which are kept clean)
  • Facilities, such as a toilet, washing facilities and refreshment
  • Safe passageways, to prevent slipping and tripping hazards

The Personal Protective Equipment at Work Regulations 1992

Employers must:

  • Ensure that appropriate personal protective equipment (PPE) is provided free of charge “wherever there are risks to health and safety that cannot be adequately controlled in other ways”
  • Provide information and training for this equipment

Jeremy Sirrell, a Director at Palmers and a Health and Safety advisor, said: “Before starting projects, construction and engineering companies must ensure they have Health and Safety procedures in place to avoid any casualties.

“If you are concerned about your business’ safety obligations, then it is important that you seek specialist advice at the earliest convenience.”

For help and guidance on all aspects of Health and Safety Law, including putting in place strategies to protect your workforce, please contact our expert team today.

Why exit interviews are important conversations for businesses

Why exit interviews are important conversations for businesses

Is it the money? Is it the working environment? Do you have problems with the boss? Was the training sufficient?

These are the kind of questions companies need to pose to employees who have decided to leave the business.

With recruitment particularly tough now, it is key for the employer to know what the leaver has been thinking.

Losing a valued team member has a detrimental effect on the business, but if you identify the problems, you are much better placed to encourage others to stay.

Key questions in an informal setting

In the case of conducting an exit interview, the company has already lost this member of staff, but by posing key questions in an informal environment you can help avoid losing other staff for similar reasons.

It will almost certainly be a full and frank dialogue as people rarely decide to leave jobs for trivial reasons, and the interviews exist to help give a clear oversight of everything that goes on at the company.

The best time to conduct the interview is as they leave or shortly afterwards. If they are prepared to come back for the interview, the company should give them an idea of what questions will be asked. They will feel more relaxed in a less formal venue like a café.

Some other questions and guidance could include:

  • How can the company improve in the future?
  • What would have persuaded you to stay?
  • What do you think are the company’s strong points?
  • Did you feel properly supported by management?
  • What was the most difficult thing you had to deal with?
  • Make sure it is a two-way conversation, listen more than talk.
  • Let them know that the process is confidential.

Samantha Randall, an Employment Law expert at Palmers, gives her tips: “Keep it personal and let them choose who they would like to talk to. The immediate superior might not be the best option.

“Once the interview is complete, the business needs to analyse the feedback and it could be painful reading. But it is also an opportunity to improve the HR structure, adjust, and take any necessary steps with personnel who may have been the cause of the departure.

“It’s also a case of not burning your bridges, for both parties. It is an opportunity to thank the leaver for their services and for them to leave on good terms. They may wish to come back.”

For help and advice on matters relating to employment law, contact our expert team today.

Partygate puts the spotlight on alcohol abuse in the workplace

Partygate puts the spotlight on alcohol abuse in the workplace

The long-running Partygate affair put a spotlight on the drinking culture in 10 Downing Street, but it also highlighted a problem faced by many businesses.

Is it okay to go out for a pint at lunchtime? Can alcohol be consumed on the premises? How do you deal with staff who turn up for work with a hangover?

In the past, a lot of business was done in the pub or restaurant, or on the golf course and then in the bar, with bosses often leading the way, oiling the wheels of industry.

But times have changed, and employers not only have a legal duty to protect staff, but arguably a moral duty to lead the way in curbing excesses.

Under the Health and Safety at Work Act, employers must ensure the health, safety and welfare of their employees, who must also take reasonable care of themselves and anyone who could be affected by their work.

How can businesses deal with alcohol and drug abuse?

Managers and HR departments need to be able to spot the signs of drug and alcohol misuse in the workplace and develop a policy to deal with it.

Employees must also be consulted over health and safety matters, whose input could form a more effective policy.

Be aware of warning signs which could indicate drug or alcohol misuse, including:

  • Changed or erratic behaviour
  • More frequent and unexplained absences
  • Lower productivity and conduct issues
  • Potentially dangerous behaviour leading to accidents.

What can employers do?

Drug and alcohol screening: Some employers have adopted screening as part of their drug and alcohol policy, particularly in certain jobs like drivers or machinery operators.

This is a complex area, and you should seek advice from your legal professional before implementation.

Support for those employees with a problem: Once a policy has been adopted in the workplace, it’s important all staff are aware of it and what support can be offered through:

  • Training and awareness courses for managers
  • Learning to understand the signs of drink/drug abuse
  • Helping an employee who admits to having drug or drink problems.

What to do if you suspect an employee is misusing drugs or alcohol

Employees with a drug or alcohol problem may ask for help at work if they are sure their problems will be dealt with discreetly and confidentially.

Samantha Randall, an Employment Law expert at Palmers, said: “If you are given information that suggests drug misuse has involved breaking the law at work, you might wish to consider your own legal position because of that.

“Not every employer will have access to occupational health services or an HR department, but employers can provide information about where staff can go for advice and help if they’re concerned about drug or alcohol misuse.”

For help and advice on drink and drug abuse in the workplace and matters relating to employment law, contact our expert team today.

Asbestos-covered site sees two Directors fined and sentenced

Asbestos-covered site sees two Directors fined and sentenced

A refurbishment project at a former department store that was found to have asbestos-containing materials (ACMs) during the demolition in October 2017 has seen two former company Directors sentenced and fined.

Due to the age of the building and the previous work it had done, there were vast amounts of ACMs, which were broken up using sledgehammers and other means of brute force during the several months of demolition and refurbishment work.

As a result, asbestos fibres spread across five floors of the building and outside of the property.

The ACMs were discovered during a health and safety report at the site, and by then there were 1,315 square metres of contaminated waste found across the shop floors and in the stairwell.

The former Directors (Alan Barraclough, of Hutton Lane, Guisboroug and James Keegan, of Larkspur Road, Middlesbrough) were subsequently handed out the following fines and sentences:

  • Found guilty of breaching two counts of Section 37 of the Health and Safety at Work Act 1974 etc.
  • Received a 14-month sentence
  • Suspended for 2 years
  • Ordered to carry out 120 hours of unpaid community work within 12 months
  • Suspended as a director for 10 years
  • Ordered to pay costs of £44,774.21

Jeremy Sirrell, a Director at Palmers and a Health and Safety advisor, said: “Before starting projects, construction and engineering companies must ensure they have Health and Safety procedures in place to avoid any casualties.

“If you are concerned about your business’ safety obligations, then it is important that you seek specialist advice at the earliest convenience.”

For help and guidance on all aspects of Health and Safety Law, including putting in place strategies to protect your workforce, please contact our expert team today.

Health and safety at work: The benefits of technology

Health and safety at work: The benefits of technology

All employers have a legal duty of care when it comes to the health and safety of their employees.

Therefore, it is important to think about your health and safety policies as often as possible, along with what you can do to enhance them.

As World Day for Health and Safety at Work highlighted on 28 April, businesses must adapt to the expectations of new generations entering workforces across the country.

So, where does technology come into this?

Better visibility

Employing digital tools can help boost visibility and productivity, both of which are essential for growth and success.

For instance, a virtual platform that allows employees to report and record incidents, request assistance, and notify those who need to know about the problem could be highly beneficial.

The use of technology will also help track the journey to resolution by leaving a data trail.

Not only will incidents be seen and dealt with promptly, but employers will be able to assess and develop their health and safety protocols to avoid problems in the future.

Innovative PPE

Personal Protective Equipment (PPE) has come a long way in recent years.

These days, it is no longer just about helmets and high-vis clothing, but also technology and digital equipment.

Smart PPE comprises wrist bands to observe vital signals and environmental factors, anti-dozing collars for drivers, and location devices that send out alert calls in the event of risk or harm.

These wearable pieces of equipment are highly advantageous, connecting to the internet or Bluetooth to collect data and deliver safety information.

Portable health and safety training

Firms are using Augmented Reality (AR) and Virtual Reality (VR) technology to train their staff much more frequently than they have done previously.

To onboard workers remotely and rapidly, as well as retain current talent, training should be accessible and digestible.

If employees can access training on devices such as a smartphone, they can easily consume the information and return to it whenever and wherever they choose.

Employers must stay ahead of the curve as much as possible, keeping on top of health and safety as a top priority, and ensuring potential legal disputes are avoided.

Jeremy Sirrell, a Director at Palmers and a Health and Safety advisor, said: “Ensuring you have the right tools in place for your employees to remain safe in the workplace is vital, and keeping them updated is necessary.

If you need help looking over your current policies to see what might need amending and revising, get specialist advice at the earliest convenience.”

For help and guidance on all aspects of Health and Safety Law, please contact our expert team today.

Businesses face the challenge of persuading staff to return to the office

Businesses face the challenge of persuading staff to return to the office

Employers who would like to get their staff back to the office on a voluntary basis are facing resistance, with travelling costs a major obstacle.

Research from YouGov and management solutions company Emburse found 68 per cent of British workers would return to the office full-time if their commuting costs were paid for in full, but 27 per cent said they wouldn’t return even if costs were covered.

The survey also found that the offer of a four-day week was the most popular incentive at 59 per cent, while 51 per cent could be tempted by more paid holidays.

While employers can insist on workers returning to the office, there is the risk they could lose top quality staff, who would be prepared to move on to other employers who could guarantee home or at least ‘hybrid’ working.

At a time when the cost of living is at the highest level in decades, it follows that few workers will be unhappy with the return of commuting costs.

Different commuting patterns and distances involved would vary dramatically from one worker to another depending on distance and working location, and then there is also the impact of taxation on such payments to consider too.

Employers could offer incentives to attract staff back, which could include:

Making the office a pleasant place to be

Having a pleasantly designed interior and exterior gives staff places to unwind. This could include a brightly decorated interior or even a garden area to relax during breaks. Everything from the choice of colours and furniture plays a role in persuading staff to return.

Subsidised meals

Another benefit that might be offered is covering the costs of lunches. Although again there could be taxation issues involved here.

Keep up with technology
The latest technology attracts the best staff and is more efficient. Faulty equipment can be costly, slows down operations and demotivates staff.

Maintain a clean environment
The coronavirus outbreak has shown the necessity for cleaning. Regular cleaning will lead to a more pleasant environment while cutting the risks of contracting infections. Also, make sure shared areas like toilets and kitchen need to be cleaned regularly.

Emburse’s General Manager and Senior Vice President EMEA Kenny Eon added that businesses should do their best to ease the financial concerns of their employees during the cost-of-living crisis.

He said: “Given the sharp increase in the cost of living, businesses should consider how they can support staff by reducing the financial burden of attending the office in person. Reimbursing travel and lunches can certainly help do this. “

Samantha Randall, an Employment Law expert at Palmers, said: “After the devastating effects that the Covid-19 pandemic has had on many people, employers must remember that returning to the office can be difficult for some. Many will still face anxiety about the virus, and some may find it hard to adjust to the other factors.

“Therefore, it is vital that employers should have in writing a workplace policy. It must be in line with the organisation’s existing policies and follow discrimination law.

“Employers should be sensitive towards personal situations and must keep any concerns confidential. They must be careful to avoid discrimination.”

For help and advice on related employment matters, contact our expert team.