Duty of Care
Worker Strategy
Date 09/05/2012 Page 1 of 2 Issue 1.0
Directive 2002/14/EC of the European Parliament established a general framework for improving the information and consultation rights of employees within the European Community. Key Red = Legal Framework Blue = Regulated Activity
1: There are two important Principles to this directive; 1.1 Practical arrangements for information and consultation must be defined and implemented in accordance with national law and industrial relations practices in individual Member States. 1.2 When defining or implementing this strategy, employers and employees' representatives must work in a spirit of cooperation and with due regard for each other's rights and obligations. 2: Employee information and consultation covers three areas in relation to undertakings; 2.1 Economic, financial and strategic developments; 2.2 The structure and foreseeable development of employment, and related measures; 2.3 Decisions likely to lead to substantial changes in work organisation or contractual Relations 3: Key terms used in the Act 3.1 'Undertaking' means a public or private undertaking (task or project) carrying out an economic activity, whether or not operating for gain, which is located within the territory of the Member States. 3.2 'Establishment' means a unit of business defined in accordance with national law and practice, and located within the territory of a Member State, where an economic activity is carried out on an ongoing basis with human and material resources. 3.3 'Employee' means any person who, in the Member State concerned, is protected as an employee under national employment law and in accordance with national practice. 3.4 'Workers' representatives' means the employees' representatives provided for by national laws and/or practices. 3.5 'Information' means transmission by the employer to the employees' representatives of data in order to enable them to acquaint themselves with the subject matter and to examine it. 3.6 'Consultation' means the exchange of views and establishment of dialogue between the employees' representatives and the employer. 3.7 'Employer' means the natural or legal person party to employment contracts or employment relationships with employees, in accordance with national law and practice; 3.8 “Duty of Care� Under National Law The Corporate Manslaughter and Corporate Homicide Act 2007 is a landmark in law. For the first time, companies and organisations can be found guilty of Corporate manslaughter as a result of serious management failures resulting in a gross breach of a duty of care.
Issued by: Len Gair: Director of Group Projects
Approved by: John Hodgkinson: Managing Director
Duty of Care
Worker Strategy
Date 09/05/2012 Page 2 of 2 Issue 1.0
4: Information, Consultation and Communication 4.1 In order to comply with our legal and regulatory obligations we shall provide workers with information that has come directly from UK Government and EU resource to develop knowledge, Business and technical skills. 4.2 In order to comply with our commitment to provide equality of opportunity for all citizens. We shall encourage and promote social dialogue and work opportunities internally and externally. 4.3 In order to communicate more effectively with our workforce, clients and contractors. We shall Place our “Duty of Care” Quality Manual on social networking sites to develop and encourage whole organisation participation in the activities as defined by the directive. 4.4 We shall design and implement a occupational safety framework for managers, trainers and workers to follow which is relevant to their occupational role. 4.5 We shall design and implement a vocational pathway to make competency training and qualifications more transparent and accessible 4.6 We shall use the vocational pathway as an instrument for the promotion of the
4.7 4.8 4.9 4.10
European Qualifications Framework to lifelong learning to workers. The core element of the EQF Is a set of eight reference levels describing; 4.6.1 What the trainee needs to know 4.6.2 What the trainee understands 4.6.3 What the trainee is able to do, regardless of the system under which a particular Qualification is awarded. We shall train our workforce to use current black box technology and design new technology Solutions where necessary to protect lone workers, vulnerable workers and hard to reach workers We shall use black box technology to monitor conformity to safety, quality and vocational standards, individual performance, efficiency, business performance and environmental savings. We shall use black box technology to monitor Skills, Competency and Knowledge at all levels of Training. We shall use external verification of all processes, procedures , training and quality control points in order to comply with EU Decision No. 768/2008/EC “Guidance for regulators and Conformity Assessment bodies” on the conformity assessment aspect of the decision.
Issued by: Len Gair: Director of Group Projects
Approved by: John Hodgkinson: Managing Director