News from NIPSA Health & Safety Committee
Spotlight Topics ●● Workers Memorial Day Ceremony ●● NIPSA Condemns Cuts ●● Economic Blues ●● Stress and the Workplace ●● Health & Safety Rep ●● Violence and Aggression at Work ●● Care in the Sun
June 2012
Court Victory for Asbestos Victims The Supreme Court has handed down a judgement which will affect many of the 2,500 people who are diagnosed with mesothelioma each year. The highest court in the land upheld the Unite general union’s appeal and rejected arguments by insurance companies which would have denied compensation to victims of the terminal disease mesothelioma. The Supreme Court agreed with the union that the insurers of an employer at the time of the exposure to asbestos should pay compensation. Unite appealed to the Supreme Court after insurance companies were partly successful in an earlier appeal to the Court of Appeal. The companies argued that in some cases the employers’ liability insurance is “triggered”
not by the exposure to asbestos but by the development of the disease which is always decades later when there is no insurance in place to respond to the claim. In his judgement, Lord Clarke concluded that: “The whole purpose of these policies was to insure employers against liability to their employees. That purpose would be frustrated if the insurers’
submissions on this point were accepted.” Lord Phillips added that diseases are contracted when the process that leads to them is initiated as a result of wrongful exposure to the noxious substance that causes the disease. The judgement went on to emphasise that these principles apply not only to mesothelioma but also to other industrial diseases.
Thousands still suffering from the deadly legacy of asbestos.
Workers Memorial Day Ceremony David had only been married three months before this tragic loss of life, and had been working outside on the site rather than in an office mainly because he could earn more money for his family. At the event David’s father spoke of the hope of better regulations and harsher penalties in such cases. In his closing statement the judge Tom Burgess said: “This case should warn employers of the need to place health and safety measures at the top of their list”. “Norman Gray, NIPSA Health and Safety Committee member commented: “It is for this reason that we must defend Health and Safety from the attacks on regulation, enforcement, cuts and refusal to tackle the massive toll that Health and Safety breaches take on workers. Our Health and Safety is under attack like never before and we must defend it for ourselves and that of future generations”. Above; Left to Right: Ken and Derek Layland , pictured at Stormont after attending the Workers Memorial Day tree planting ceremony.
Thousands of trade unionists, workers and safety campaigners came together at events throughout the world to mark International Workers Memorial Day. A day to remember the dead and fight for the living. Here in Northern Ireland the Northern Ireland Committee of the Irish Congress of Trade Unions held a tree planting ceremony in the grounds of Stormont Estate to remember all workers who had lost their lives through work-related injuries and especially to remember David Layland who sadly lost his life at work in August 2008.
David was found under tons of waste at the BIFFA waste site at Cottonmount Mallusk after going missing for some 30 hours after he was last seen alive. Prior to his death David had brought to Management’s attention concerns he and his fellow workers had about site safety. At the inquest it was discovered that the company had all the right paperwork including safe working practices for the site. At the Belfast Crown Court, the Judge Tom Burgess said: “the dangers on the site were both obvious and recognised”. He also found that there was a substantial failure regarding BIFFA’s health and safety measures.
Above: Mr. Alban Maginness who attended the Tree Planting Ceremony.
NIPSA condemns cuts in Inspections and Regulations NIPSA has raised its concern with the DETI Minister, Arlene Foster, at the government’s attack on health and safety laws and inspections in Great Britain. In our letter we provided evidence which clearly indicated that less inspections and enforcement activity will mean more deaths, injuries and illness and if the proposed 30% cut in unannounced workplace inspections is to go ahead in Great Britain it will result in a decrease in health and safety standards and ensuing cuts to society. We also argued that to suggest a cut of 35% in the number of regulations in order to reduce the ‘burden on business’ was completely irresponsible and an unsubstantiated claim. That regulations should not been seen as a burden on business. It is a responsibility, just as paying taxes is a responsibility, and no business should be able to operate unless it can do so safely. NIPSA called on the Executive to provide an assurance that the health and safety standards and regulations, including the level of inspections and enforcement, which currently apply in Northern Ireland will not be eroded or taken away from us under the guise of necessary recessionary measures.
In her reply the Minister gave an assurance that there were no plans to reduce the number of health and safety interventions by HSENI. However the Minister went on to state that the proposal to reduce the number of regulations by consolidation is to be welcomed as this will make the regulatory framework simpler and easier to understand, while maintaining the same standards of protection for those in the workplace or those affected by work activities. The Minister also points out that the HSENI has a longstanding commitment to maintaining legislative parity with Great Britain and this means that much of the outworking of the Great Britain reviews regarding legislation will have a direct read across to Northern Ireland. The Minister concludes by stating: “I am convinced that this streamlining of regulations will enhance the efforts of those who endeavour to improve health and safety standards not diminish them”. NIPSA’s Health and Safety Committee will be maintaining a close eye on any proposed changes to the health and safety legislation arising out of various Great Britain reviews and will, of course, respond through the normal consultation process.
Annual Health & Safety Reps Award 2012 HSENI (Health and Safety Executive for Northern Ireland) and NIC ICTU (Northern Ireland Committee of the Irish Congress of Trade Unions) have joined forces to present an award that recognises the achievement and contribution Health and Safety Representatives make in improving health and safety standards in workplaces across Northern Ireland.
Who can enter for the award?
The award is open to both trade union appointed health and safety representatives and elected representatives of employee safety*, who are committed to working together with management to improve workplace health and safety, with all the associated positive benefits this can bring for colleagues, the working environment and the economic viability of the organisation itself.
How do I get an application form? Just contact
0800 0320 121
to get an application form posted out or emailed to you.
Closing date for entries is Thursday 30th August 2012
Economic Blues makes workers more stressed One in four workers experience work-related stress during a recession, according to a new study. Researchers from the Universities of Nottingham and Ulster examined the levels of stress suffered by tens of thousands of civil servants in Northern Ireland. The study examined data collected in 2005 before the recession and in 2009, once the economic downturn was in full-swing. The study found that during a recession the incidence of work-related stress increased by 40%. It also found that the number of workers taking time off as a result of work-related stress, increased by 25%, and that the amount of absence due to stress increased by a third. Geraldine Alexander, NIPSA Assistant Secretary, said: “When workers face reduced job security and an increased workload it is no surprise that depression and anxiety increase, along with absences from work. People feel afraid, uncertain, less supported by managers, and less in control of their lives.” The study did, however, find that organisations that recognised the particular pressures facing workers in a downturn and took steps to support individuals were rewarded. Jonathan Houdmont, lead author of the study, said: “Those businesses which seek to reduce work-related stress during austere economic times are likely to experience lower staff absence and greater productivity.” Geraldine Alexander said that workers “need to feel they are being treated fairly”. Involving “union health and safety reps is pivotal” as they “can ensure that workers’ rights to consultation and information are upheld and press for open and fair procedures”. The following article explains the triggers and indicators of stress.
Stress and the Workplace Employers have a duty of care towards their employees and to “ensure , so far as is reasonably practicable, the health, safety and welfare of employees and others affected by their work” Under the heading of welfare in the above statement we are going to look at stress and work. Stress is becoming the most common cause of absenteeism from the workplace. So, what is work related stress, what causes it, what makes it worse but more importantly what can we do to prevent it?
There are three main sources of stress in the workplace; these are referred to as stressors. Physical:
heat, noise, VDU, mechanical
Psycho-social: relationships, behaviours, attitudes, perceptions of socio economic status Organisational: work systems, working conditions, working time arrangements, organisational structures and resources, management and supervision, staffing levels etc Work is not the only source of stress and events outside the workplace must also be considered. Employers may not be able to control these external factors but they should consider them in relation to duties within the workplace to reduce the risk of further stress. E.G If an employee hurt their back at home an employer would need to ensure that their duties would not further exacerbate their condition and may need to consider a temporary change of duties. The same principle should be considered when dealing with stress. To tackle stress in the workplace the focus needs to be on the causes (stressors) and not the symptoms caused by the stressors. Risk assessment aims to address risks at source and as with other forms of risk assessment a Stress risk assessment will be looking at the sources in order to introduce measures to prevent and control the risks. It is only by doing this that risks can be prevented. Health and safety reps and the relationships they form in the workplace are also a key factor in reducing work place risks. What can working together deliver? Meaningful consultation Agreed goals and actions Shared knowledge and understanding Opens communication
Improved working relationships Positive change Better trust Better risk assessment
Risk assessments carried out as a paper exercise are not worth the paper they are written on. Whichever way a risk assessment is approached and whichever way the causes of stress are tackled, the key to success is involvement and working together. Effective action to stop stress at work means raising awareness, recognising the issues, meaningful consultation and involving everyone. It needs real commitment to action from the TOP and as Health and Safety Reps our participation in this is vital. “One of the cardinal sins in the area of occupational health is to conduct elaborate studies, describing in considerable detail the work-related stress of the employees, its causes and consequences - and then leave it at that. To diagnose, but not to treat and even less to prevent. If this is done it adds insult to injury”. (European Commission Guidance on Work-Related Stress 2000)
Trade Union Health and Safety Representative The Safety Representatives and Safety Committee Regulations 1977 give recognised trade unions the legal right to appoint workplace safety representatives. As an appointed Workplace Safety Representative you have the legal right to: ●● represent members in talks with the employer, or the Health and Safety Executive for Northern Ireland (HSENI), or other safety or environmental enforcement agencies; ●● investigate complaints, possible hazards and dangerous incidents; ●● carry out regular inspections of the workplace ●● take part in workplace risk assessments; and attend meetings of the Safety Committee.
Employer’s Duties
Appointment
Protection
Your employer has a legal duty to:
How do you become a safety representative?
The rights and functions of safety reps do not place any legal duties on them. This means that a safety rep has no greater liability in law for health and safety breaches than any other employee.
●● consult about anything that may affect health and safety in the workplace ●● give you, as the appointed Workplace Safety Representative, the chance to state your views. They must take account of these views when making a decision. Your employer must consult on: ●● changes in working practices or procedures that could affect health and safety ●● arrangements for using qualified people to help the business comply with health and safety legislation ●● information to be made available on health and safety risks in the workplace ●● planning of health and safety training ●● health and safety issues with new technology. If you employer doesn’t consult as the law requires, they’re committing an offence.
Speak to your Branch Secretary about how to get yourself elected or appointed to represent the workforce. As a safety rep, you have the right to: ●● the use of a phone and office equipment to perform your role ●● reasonable paid time off work to meet staff and other reps to carry out inspections ●● time off for relevant training and to be paid for the time off if it’s during normal working hours. Your employer is required to provide you with and pay for relevant training in health and safety matters. If the training is during your normal working hours you have the right to time off with pay.
If you report something, are you protected from being penalised for it? Under the law you are protected as a safety ‘whistleblower’ if there has been: ●● a criminal offence ●● a breach of a legal obligation ●● a miscarriage of justice ●● a danger to the health and safety of any individual ●● damage to the environment ●● deliberate covering up of information about any of these.
Violence and Aggression at Work The Health and Safety Executive defines violence and aggression at work as any incident in which an employee is abused, threatened or assaulted by a member of staff or the public in circumstances arising out of the course of their employment. This may include; verbal abuse, threatening behaviour, serious or persistent harassment and physical assault. Workplace violence is an unfortunate reality that all workplaces face today. Employers have a responsibility to themselves, their co-workers and their families to manage and minimize potential workplace violence as part of a total health and safety program. In recent years, creating a safe place for employees to work has not only become important, it’s now law!
What the law says Health and safety law applies to risks from violence, just as it does to other risks from work activity. Relevant legislation includes: The Health and Safety at Work etc Act 1974. Employers have a legal duty under this Act to ensure, so far as it is reasonably practicable, the health, safety and welfare at work of their employees. The Management of Health and Safety at Work Regulations 1999. Employers must consider the risks to employees (including the risk of reasonably foreseeable violence); decide how significant these risks are; decide what to do to prevent or control the risks; and develop a clear plan to achieve this. The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR). Employers must notify their enforcing authority in the event of an accident at work to any employee resulting in death, major injury.
What you need to do! If risks from violence and aggression are to be managed successfully, there must be support from those at the top of the organisation, no matter what size. This can be expressed in a clear statement of policy, supported by organisational arrangements, to ensure that the statement is implemented. Key elements include: ●● recognition of the risks ●● commitment to introducing precautions to reduce that risk ●● a statement of clear roles and responsibilities ●● an explanation of what is expected from individual employees ●● a commitment to supporting people who have been assaulted or suffered violence and/or aggression at work.
Care in the Sun Cancer Focus Northern Ireland, the new name for the Ulster Cancer Foundation, uses their Care in the Sun campaign to raise awareness of sun protection here in Northern Ireland. As we move into the summer months, and with more bright, warm spells of weather likely, the charity reminds local people that they don’t need to go abroad to burn in the sun. The latest figures reveal that a total of 175 people in Northern Ireland attended hospital A&E units with sunburn in 2008/09, up 33 on the previous year. The shocking DHSSPS statistics also show that 42 of the 175 patients who presented at A&E with sunburn were aged 16 and under. Naomi Thompson, Cancer Focus Senior Cancer Prevention Officer, said, “People need to remember that the sun’s rays are strongest from May to September.
For further information about taking care in the sun please visit website www.careinthesun.org or call Cancer Focus on 028 9066 3281. If you are concerned about skin cancer you can also call Cancer Focus’ free information and support helpline on 0800 783 3339 or email one of the nurses on helpline@cancerfocusni.org
To minimise risk and stay safe in the sun, Cancer Focus advise the following: ●● Cover Up - Wear a hat; broad brims give the best protection. A ‘legionnaire’ flap on your baseball hat provides excellent protection. Wear loose fitting clothing to protect your shoulders, arms and legs when you are in the sun.
●● Seek Shade – Especially during the hottest part of “Research by Cancer Focus shows that 8 out of 10 people the day between 11am and 3pm. Limit the time you do not apply sunscreen at home unless they are ‘actively’ are exposed to the sun. sunbathing. Our message is that you don’t need to be sunbathing to get skin cancer - rather it is over-exposure ●● Use Sunscreen – In Northern Ireland a broadspectrum sunscreen which protect against both to ultraviolet radiation (UVR) which can cause serious UVA and UVB and with an SPF of at least 15 is damage over time. It is important for everyone to avoid recommended. Apply before going out in the sun getting sunburned, particularly children”. and reapply frequently. Naomi added, “Alarmingly, over a 25 year period the number of cases of malignant melanoma has almost ●● It is important to check skin regularly for suspected skin cancers. Check the whole body as skin cancer trebled. Melanoma is most common between the ages can occur in places not normally exposed to the sun. of 40-60 years but a significant number of cases occur in Be aware of any new spots, or existing spots that have people under 35. Taking action to reduce exposure to UVR changed colour, size or shape. A skin cancer may be now could make a significant contribution to preventing a spot that bleeds easily, never heals properly or is skin cancer developing later in life.” always itchy. Kirsty Thompson, from Lisburn, was in her early 20s when she found a mole on the back of her thigh. “It wasn’t overly ●● If an unusual spot is identified, show this to a doctor. Most skin cancers can be treated successfully if big but it was different from other moles - it was red treated early. around the outside – and made me feel that something wasn’t right”. “I went to see my doctor who removed it. It was confirmed as malignant melanoma in situ – so although it was cancerous, it was confined to the immediate area. I had further surgery to remove the area around the mole as a precautionary measure, and had regular check-ups to ensure the cancer had not returned.” “If you have any concerns about any moles see your doctor straight away. Early detection was the key to my recovery many others aren’t so lucky!”
Views expressed in this Newsletter are not, unless otherwise stated, the views of NIPSA.