News from NIPSA Health & Safety Committee
May 2017
Raymond, NIPSA Health and Safety Rep, receives top Award Rise in Attacks on NIPSA Members When is a Reasonable Adjustment reasonable? Working Alone: How Safe Are You? Dealing with Drug Abuse in the Workplace Major Victory for Workers’ Health and Safety Resilience: The New Buzzword
2
Spotlight on Health and Safety
May 2017
NIPSA Health Representat Raymond Nelson, a NIPSA Health and Safety Representative with the Belfast Health and Social Care Trust, was awarded joint winner of the 2017 Health and Safety Representative Award. The winners of the award, run by the Health and Safety Executive Northern Ireland and the Northern Ireland Committee of the Irish Congress of Trade Unions (NIC/ICTU) were announced on 26th April 2017 at an event in the Stormont Hotel. The award recognises the contribution made by health and safety representatives to the safety of employees in the workplace. In accepting the award Raymond said: “I believe this award is for all Health and Safety Reps across NIPSA for their continued hard work and dedication to both protecting their members and raising health and safety awareness in their place of work. In receiving this award I hope it will encourage more members to take up the role of Health and Safety Rep within their branch. I would like to acknowledge the support I received from Branch 730 members. Without their support I don’t believe I could have received this award. Thank you.” NIPSA Assistant Secretary, Geraldine Alexander said: “NIPSA is exceptionally proud of Raymond on achieving this prestigious award. It is a fitting tribute and recognition of all his hard work in advancing the health and safety agenda in the workplace. Raymond has worked tirelessly on behalf of not only NIPSA members but all workers, patients and visitors to Knockbracken Health Care Park and other areas within the Belfast Trust and beyond to ensure their lives are not put at risk. His enthusiasm and dedication to health and safety is an inspiration to us all.
Raymond speaking after the award presentation.
As a union and as health and safety reps we face very real challenges ahead with the deregulation agenda, ongoing cuts to jobs and public services
Latest news from the NIPSA Health and Safety Committee
h and Safety tive receives top Award and the implications of Brexit on our current and future Health and Safety laws. We need to develop a strong defence against these cuts and the risks they pose for the health, safety and welfare of workers and society as a whole. We also need to ensure that in the Brexit negotiations our Northern Ireland Assembly represents the interests of all workers and the community by ensuring no existing health and safety, employment, equality or any other rights and protections will be lost or eroded and that any new rights gained under the European Pillar of Social Rights will be applied to Northern Ireland.”
…this award is for all Health and Safety Reps across NIPSA for their continued hard work and dedication…
Joint winner of the HSENI/ICTU Health and Safety Rep of the Year award, NIPSA Health and Safety Rep Branch 730, Raymond Nelson. Pictured left to right: Aidan McDonnell, NIPSA Executive Officer; Damien Maguire, Branch Secretary NIPSA Branch 730; Geraldine Alexander, NIPSA Assistant Secretary; Tanya Killen, Vice Chair, NIPSA Branch 730; and Gerard McCallan, Divisional Estates Manager, Belfast Trust.
3
4
Spotlight on Health and Safety
May 2017
2017-18 NIPSA Health and Safety Committee
From left to right: Allen Craig (Branch 127), John McKeever (Branch 94), Raymond Nelson (Branch 730), Catherine Cleary (Branch 13), John McKeegan (Branch 560), Janette Murdock (Branch 517), Davin Mullan (Branch 734), Margaret Loughran (Branch 110), Chris Henderson (Branch 124), Denise Crilly (General Council Liaison Officer), Norman Chittick (Branch 186), Karen Burch (Branch 118), Eamonn McLaughlin (Branch 71) and Melannie Edmondson (Branch 521).
Managing Attendance Policies and Workplace Stress The NICS managing attendance statistics have shown that anxiety and stress account for 49% of absences in the workplace. This is an alarming figure but what is more alarming is that many of those suffering from stress and anxiety will be issued a warning under the managing attendance policy yet there is no policy in place to help to address the causes of workplace stress. How can we be proactive in protecting our members? ●● Check the managing attendance statistics for your department. ●● Is stress an issue in your workplace? ●● Request a stress risk assessment.
●● Inform staff of the results of the risk assessment. ●● Request adjustments and reviews of adjustments to ensure they are having an impact. ●● Keep records of all correspondence, results and adjustments. Enter into negotiations to adopt a policy for managing workplace stress. Highlight the benefits of the risk assessment process above and its ability to identify and mitigate common causes of stress which may lead to absences in the workplace. The benefits therefore would be the reduction in workplace absences.
Latest news from the NIPSA Health and Safety Committee
Rise in Attacks on NIPSA Members as a Result of Cuts More and more safety reps are reporting increased branch reps on how to tackle the problem. We need levels of work-related violence and abuse as a result to ensure employers adopt a zero tolerance approach of cuts to public services. to all forms of violence at work. Members also need The situation has become so bad in some workplaces to ensure such incidents are reported. If members that members have considered taking strike and don’t report these types of incidents nothing will change. other action. Just recently at the NIPSA Health Service Conference a motion was passed condemning the rise in attacks on staff which was being fuelled by increased pressure on the health service resulting from cuts to services and staff shortages. According to figures published in December 2016 by NHS Protect, which leads on work to safeguard NHS staff and resources from crime, show that the number of violent assaults against health service employees in England has increased by over a fifth (22%) in the last five years. There were 70,555 assaults on NHS staff in 2015-16, compared to 57,830 five years ago. In NIPSA Guide to Tackling Violence at Work we set out the role of the employer and what members should do if an incident occurs. We also provide Rise in attacks on staff which was being fuelled by increased an overview of the relevant law and a checklist for pressure from cuts to services and staff shortages.
The Stress of it All Working and looking after someone else is no laughing matter especially when you are competing with the demands of work and undertaking the responsibility of a carer. Did you know that?
Parents, and other people who combine work with caring for dependants, have some specific rights protected by law. The right to request flexible working, part time working, flexitime, job sharing and shift work. If you are an employee but also have caring responsibilities for elderly relatives, children or dependants you:
Key points of the right to request flexible working. ●● Requests should be in writing stating the date of the request and whether any previous application has been made and the date of that application; ●● Requests and appeals must be considered and decided upon within three months of the receipt of the request; ●● Employers must have a sound business reason for rejecting any request;
●● Can apply for the right to request flexible working;
●● Employees can only make one request in any 12 month period.
●● Are entitled to time off for dependants to deal with unforeseen circumstances.
Please seek further advice from your trade union representative.
5
6 
  Spotlight on Health and Safety
May 2017
When is a Reasonable A
Installing access ramps for wheelchair users.
What is a Reasonable Adjustment?
A reasonable adjustment is an adjustment to the workplace which is identified when a member is experiencing a difficulty within the workplace. This can be environmental, physical or mental. They are specific to the individual. Employers would lead us to believe that reasonable adjustments are only applicable to members with a disability. Whilst they are for people with a disability, they are also relevant and sometimes invaluable for members without a registered disability. For members with a disability, under the Disability Discrimination Act (NI) 1995, a reasonable adjustment should be considered whenever any features of the employer’s premises, or any arrangements made by the employer, put an individual with a disability at a substantial disadvantage in comparison with their non-disabled colleagues. The purpose of an adjustment is to create a level playing field; it is not special treatment; it is a right. The addition of a elevated desktop or standing desk can help those with back problems.
Latest news from the NIPSA Health and Safety Committee
Adjustment reasonable? Some examples of adjustments which can be made for members with a disability: ●● Making structural or physical changes such as widening a doorway, providing a ramp or moving furniture for a wheelchair user; ●● Acquiring or modifying equipment, e.g. altering the height of a computer workstation, providing a suitable chair, voice activated software etc; ●● Modifying instructions or reference manuals, e.g. providing them in Braille or large print; ●● Providing additional or tailored training, coaching or mentoring, for example for
someone with dyslexia; ●● Providing a reader or interpreter, e.g. for someone who is deaf; ●● Changing the method of doing the job, e.g. allowing an employee who cannot drive due to epilepsy to use public transport or where appropriate taxis for business travel; ●● Allocating some minor aspects of the role to another/other individuals without overburdening other individuals.
Reasonable Adjustments are not just for members with a disability. They can be applied to members returning from a sick absence to help transition back into the workplace. Examples of this are: ●● Adjusting targets or workloads; ●● Adjusting/changing working hours, e.g. allowing someone whose medication’s side effect is fatigue a later or flexible start time, or more frequent rest breaks, or variation in working patterns; ●● Relocation where appropriate and practical;
●● Considering the possibility of working from a different location; ●● Adjusting the lighting in the area surrounding the individual; ●● Adjusting the temperature in the office ●● Providing wrist supports to the keyboard or mouse.
Identifying or requesting a Reasonable Adjustment. There are a number of ways the need for an adjustment in the workplace can be identified: ●● Member raises an issue with their line manager; ●● Member raises an issue with their Trade Union Representative; ●● Part of the managing attendance process;
●● During review meetings regarding performance; ●● Through general observation or other meetings with colleagues.
HR Connect provides guidance on the process of applying for a reasonable adjustment in the section - 7.01 Referrals and Interventions v11.0. The Equality Commission has also produced guidance on reasonable adjustments. However members are strongly encouraged to avail of the advice and support of their NIPSA representatives in this process.
It is recommended that adjustments regarded as permanent are reviewed annually. Review dates of temporary adjustments should be more frequent and agreed with the member when the adjustment is put in place.
Reviewing the Reasonable Adjustment
It is important to review the impact of any adjustments at agreed timescales with management, to ensure they continue to be appropriate. Some health conditions are progressive and can deteriorate over a period of time.
Trade Union representatives also play an important role in the review stage to ensure that the member’s interests and wellbeing are at the forefront of any agreements. If it is not possible to accommodate an adjustment, the Employer must prove that it has explored all avenues and must present justifiable reasoning why a measure could not be taken, for example, a valid business reason or a health and safety issue.
7
8
Spotlight on Health and Safety
May 2017
Working Alone: How Sa The Health and Safety Executive (HSE) defines lone working as “someone who works by themselves without close or direct supervision”. Croner on the other hand defines it as “a worker whose activities involve a large percentage of their working time operating in situations without the benefit of interaction with other workers or without supervision”. In today’s world more and more workers are working for lengthy periods away from their base – a trend that has increased in recent years. This is due to a number of factors including cutbacks in funding and resources in the public sector. Working alone can place people in very vulnerable situations and it may be more difficult for them to summon help if something goes wrong. Lone workers cover a wide spectrum including social workers, housing officials, SSA inspectors, community nurses, farmers, tradesmen, cleaners, security staff, telephone engineers, traffic wardens, car park attendants, vets, library and certain school-based staff etc. All of these jobs entail a certain percentage of lone working (some significantly higher than others) and it is incumbent on the employer to assess any potential risk especially if the lone worker is working in a remote location or in a client’s home. This would include checking a client’s background to determine if they have any history of violence or sexual assault or any mental health issues that need to be addressed. There is no specific law that deals with lone working. However all health and safety legislation applies equally to lone workers as well as other employees and there is a duty on employers to carry out a risk assessment under the Management of Health and Safety at Work Regulations (Northern Ireland) 2000 to determine whether or not an employee should work alone. Such risk assessments must take account of: ●● Fire risk; ●● Adequate provision (or lack of ) for rest, hygiene and welfare facilities; ●● Violence/abuse from members of the public;
●● Theft/intruders; ●● Manual handling issues; ●● Sudden illness/emergencies; ●● Effects of social isolation; ●● Risks related to driving; ●● COSHH issues; ●● Lack of supervision and training. It is not enough for employers simply to assume that by carrying out these risk assessments that lone workers are covered by the same policies that apply to other workers/employees. They must: ●● Involve the relevant staff when undertaking the risk assessment(s); ●● Ensure control measures are put in place; ●● Carry out an annual review of the risk assessment(s); ●● If a risk assessment is not possible then provide help or back up to the lone worker; ●● Where a lone worker is working at another employer’s workplace, it is the duty of that employer to advise the lone worker’s employer of any risks and required control measures ●● Supply of PPE. Carrying out these risk assessments helps the employer to decide on the correct level of supervision required for the lone worker to execute their duties in a safe and efficient manner bearing in mind that in some cases such as high risk activities (eg. electrical work and work in high risk confined spaces) it would be advisable to have another person present. Employers mostly use a standard checklist and assess the physical environment but not the actual work. For lone workers who are away from their base for extended periods of time the employer should implement measures to minimise the risk to that worker and these could include:
Latest news from the NIPSA Health and Safety Committee
afe Are You? ●● Mobile phone or communication;
radio
means
of
●● Controlled periodic checks; ●● Automatic warning advices such as panic alarms, automatic distress message systems ie: pre-recorded message sent if not actively cancelled by operative; ●● Instruction and training in proper procedures eg: code words for potentially violent situations when combined with mobile phone communication; ●● Use of personal protective equipment (PPE); ●● Health surveillance; ●● Provision of first aid kits and adequate training; ●● Implementing Standard Procedures (SOP’s);
Operating
●● Locking and securing places of work; ●● Implementing correct incident reporting procedures; ●● Provision/access to counselling; ●● Ensuring as far as is practicable that the lone worker has returned to their home or base following completion of a particular task. Employers must include lone workers on their Employers Liability (Compulsory) Insurance cover under the ELCI Act 1969. Working alone: Health and safety guidance on the risks of lone working available from the HSE. http://www.hse.gov.uk/pubns/indg226.pdf Advice on personal security when working alone is also available from the Suzy Lamplugh Trust.
Are you at risk? Complete our questionnaire on the next pages
9
Lone Working Questionnai Lone workers may wish to use the following survey as a guide to assessing potential risks in carrying out their daily tasks: 1. As part of your job do you ever have to work:
Yes
a. On your own in the community..................................................................................................................................
b. On your own visiting other employers’ premises....................................................................
c. In isolation from others in the workplace...............................................................................................
d. In isolation from others out of doors................................................................................................................
e. On your own at home.......................................................................................................................................................................
No
2. If you answered yes to any of the above, do you work like this: a. All the time..............................................................................................................................................................................................................
b. Most of the time...........................................................................................................................................................................................
c. Some of the time.........................................................................................................................................................................................
d. At certain periods of the day or night.............................................................................................................
Or do you work like this: e. As a normal part of your job................................................................................................................................................
f. Because of staff shortages.......................................................................................................................................................
3. If you work away from base: a. Is your daily itinerary known at base.................................................................................................................
b. Is there a procedure for reporting in..................................................................................................................
4. Have you been given information and training about the health and safety risks of your job and the preventative measures in place, e.g. a. How to lift safely...........................................................................................................................................................................................
b. How to use equipment safely...........................................................................................................................................
c. How to use chemicals safely...............................................................................................................................................
d. How to avoid infection hazards....................................................................................................................................
e. What to do if a violent situation occurs.......................................................................................................
f. Other (please specify) 5. Have you been given training and information on what to do in an emergency.......................................................................................................................................................................................................
ire 6. Is there a policy which ensures you work in pairs if the job involves: Yes a. Lifting or handling heavy or awkward loads.....................................................................................
b. Using hazardous equipment..............................................................................................................................................
c. Using ladders or scaffolding................................................................................................................................................
d. Working with live electricity................................................................................................................................................
e. Working in or near water............................................................................................................................................................
f. Potential exposure to harmful substances or infectious organisms...........................................................................................................................................................................
g. Providing care or other services to people with a known history of violence or aggressive behaviour.........................................................
7. Do you know how to summon assistance...................................................................................................................
No
8. If you work at a fixed location but in isolation from others: a. Is there a procedure for checking in and out...................................................................................
b. Have you been given information and training about the safety risks of your job and the precautions in place......................................................
c. Is there a means of raising the alarm or calling for help...........................................
9. If you work on your own at home: a. Has your workstation been assessed by your employer and proper equipment provided...............................................................................................................................................
b. Have you been given information and training about the health and safety risks of RSI form excessive keyboard work or prolonged awkward postures and the need for frequent breaks.........
c. Are there procedures for keeping in regular.....................................................................................
d. Contact with your work base so that you don’t..........................................................................
e. Feel isolated and suffer stress...........................................................................................................................................
f. Do you know what to do if things go wrong...................................................................................
Find out more:
Working alone: Health and safety guidance on the risks of lone working available from the HSE. http://www.hse.gov.uk/pubns/indg226.pdf Advice on personal security when working alone is also available from the Suzy Lamplugh Trust.
12
Spotlight on Health and Safety
May 2017
Dealing with Drug Abuse
ce a l p k r o in the W
Drug abuse is a matter for concern in any society but what happens when drug abuse becomes a problem in your workplace? Statistics show that drug abuse has decreased in Northern Ireland since 2012 but there has been a 3% rise in the abuse of injectable drugs such as heroin. It should be noted however that these statistics only reflect data from declared abusers and participants in schemes such as the needle exchange programmes. As public sector workers many of our workplaces are open to the public and some of our facilities have been used by drug users to inject themselves. This is a major concern as Northern Ireland, unlike the rest of the UK, does not have any structures in place for the safe disposal of drug paraphernalia.
What should you do if you are confronted with this in your workplace? ●● Do not attempt to dispose of items yourself; ●● Ensure the area is secured so no one else can come into contact with items; ●● Inform your manager/premises officer to make arrangements for items to be disposed of securely.
What should happen if this becomes a common occurrence in your workplace? ●● Organise a health and safety committee meeting; ●● Explain your concerns; ●● Agree a strategy for dealing with the problem and introduce control measures; ●● Ensure that review mechanisms are put in place to measure the effectiveness of these controls.
Latest news from the NIPSA Health and Safety Committee
Major Victory for Workers’ Health and Safety As a result of robust representations made by NIPSA we are delighted to report the former Minister for the Department for the Economy has taken a decision that the Health and Safety Executive for Northern Ireland (HSENI) move to develop and consult on a Northern Ireland Approved Code of Practice (ACoP) to the Management of Health and Safety at Work Regulations. In September 2014 the HSENI consulted on proposals to remove the Management of Health and Safety at Work Regulations (MHSWR) 1999 ACoP (L21) and replace it with a new suite of lower level on-line guidance in order to bring Northern Ireland into line with changes adopted in GB. In its response NIPSA robustly argued against the downgrading of one of the pillars in our health and safety systems to a “nice to have” status in the form of guidance. The MHSWR ACoP imposes the requirement to conduct a risk assessment, consult with health and safety representatives on the risk assessment and to manage the risks identified, therefore to dilute this requirement to a lower level legal status we argued was totally unacceptable. We also argued that an ACoP had a special legal status which was admissible in evidence, whereas guidance was not (unless introduced by an expert). Reflecting widespread concern in the health and safety community and among our own health and safety reps we stated: “… removal of the ACoP would be a major mistake. Embedding of the ACoP in health and safety law at least provided a statutory minimum; a benchmark for companies lacking mature health and safety management systems who can
benefit from the interaction with their workforce that duty to engage elicits. So it was nonsensical for HSENI to disempower the very people (health and safety reps) who can help them improve standards in health and safety compliance and the number of deaths, injuries and ill-health in Northern Ireland workplaces.” This is a major victory for NIPSA and the trade union movement in its continued campaign of opposition against a deregulation agenda which poses a threat to the health, safety and welfare of all workers. It demonstrates through collaborative working with the Health and Safety Executive for Northern Ireland and our devolved Assembly we can effect change for the betterment of all workers.
13
14
Spotlight on Health and Safety
Employers’ love this type of concept as it falls into the category of “quick fix”, while making them appear to be proactive in the fight against workplace stress. It is another component of the well-being agenda used by some employers as an alternative to preventing injury and ill-health by removing and controlling risk (Hazards 121). Employees cannot be turned into robots and the solution is not to train people to cope with stress but rather to look at the causes of stress and to reduce and manage it. We want to see workers protected by their employer, reducing and managing the stress that they face. Applying the Stress Management Standards (see Stress section of the NIPSA Health and Safety Representatives Essential Toolkit, pages 46-55 http://www.nipsa.org.uk/NIPSA-in-Action/Healthand-Safety) is a positive step towards this.
What the Law says The Health and Safety at Work (Northern Ireland) Order 1978 is the primary piece of legislation covering work related health and safety in Northern Ireland. It sets out an employer’s responsibility to ensure the health, safety and welfare at work of their employees. The Management of Health and Safety at Work Regulations (Northern Ireland) 2000 sets outs more explicitly the duties imposed on employers to comply with the Health and Safety at Work (Northern Ireland) Order 1978.
May 2017
‘Resilience’ has become a new management ‘buzz word’ which is based on the concept that we can be trained to cope better with change and bounce back from the adverse affects that workplace demands put on us and work at our full potential for longer periods of time. The Regulations require employers to undertake suitable and sufficient risk assessments to identify hazards and risks, and put effective control measures in place to eliminate the risks or manage them to a level where they cannot cause harm. Employers are required to adopt a set of principles of prevention that require them to combat risks at source; adapt work to the individual; develop a coherent overall prevention policy that covers technology, the organisation of work, working conditions, social relationships, and giving priority
Latest news from the NIPSA Health and Safety Committee
to collective protective measures over individual protective measures. Resilience training and other techniques, with their focus on the individual do none of these. Having identified risks employers must inform the workers to whom the assessment relates, and review
the assessments when there is reason to believe it is no longer valid. Individual workers have a duty to tell the employer when they reasonably believe the measures in place to protect them from risks is not adequate, or when they are being exposed to serious and imminent danger.
What does it mean? ‘Resilience’ is defined by the Oxford Dictionary as “the capacity to recover quickly from difficulties; toughness”. According to Hazards ‘Resilience’ to employers means: ●● An individual has capacity to continue to operate effectively even when subject to the most adverse conditions; ●● An individual should be able to cope with grossly excessive workloads regardless of how much your workload was in the past; ●● An individual should be able to cope with the predatory attentions of the bullying manager who tries to force them to complete such excessive amounts of work. Employers are always looking for ways to motivate and control workers to ensure their compliance with employer-determined objectives such as improved productivity, even though the conditions at work may not be conducive to such motivation. Within the civil and public service the response has been (since the introduction of voluntary exit/ redundancy schemes) to deal with the shortfall in staff by training the remaining staff in ‘Resilience’.
What should be done An employer may feel that by offering resilience training they are fulfilling their statutory obligation in respect of stress. This however is not the case. If stress is an issue in your area of employment you should take the following steps: ●● Request a stress risk assessment to be carried out by a competent person. This should be done on an individual basis for all staff employed in that area; ●● If your employer has identified any risks they should make all staff aware of the risks that exist in that area; ●● Your employer should then advise staff that they will input measures to mitigate against the identified risks; ●● After a reasonable period of time a further risk assessment should be carried out to ensure that the mitigation measures are addressing the risk factors; ●● If the measures put in place are not improving the situation these should be re-evaluated and other methods adopted to address the risk factors; ●● It is the employer’s duty to take all reasonable steps to address risks in the workplace and it is only when all reasonable steps have been taken that the employer has fully complied with their statutory obligations. Many of the above issues should be dealt with at Health and Safety Committee meetings or by the Branch Health and Safety Rep. See also checklist on page 58 of the NIPSA Health and Safety Representatives Essential Toolkit, available to download from http://www.nipsa.org.uk/NIPSA-inAction/Health-and-Safety
15
The
Perfect
Storm
Stress at Work: A NIPSA Guide
Health& Safety PUBLICATIONS
The latest publications from NIPSA Health and Safety Committee are available in print from NIPSA Headquarters and also available to download from the NIPSA website. Back issues of Spotlight and Spotlight eZines are also available from the NIPSA website: https://www.nipsa.org.uk/NIPSA-in-Action/ Health-and-Safety/Newsletters .org.uk
www.
dignity work A Guide to
Also Available
@
We also have a new updated edition A Guide to Dignity at Work available from NIPSA Headquarters or a download from the NIPSA Website.
Ref A4_0695
Views expressed in this Newsletter are not, unless otherwise stated, the views of NIPSA.