Empire's new Training Calendar provides an easy way to add relevant courses to your calendar

We're delighted to announce this year's Training Courses from Empire; we have a comprehensive range of courses to help you keep up to date with employment law legislation and health & safety responsibilities.  In addition we have a number of courses designed to help you manage your business.  Take a look at the list below which include links to our Training Calendar that will give you booking details and an easy way to add relevant courses to your own calendar.

If you need any further information on our courses please email us or, visit the web site which is updated on a regular basis with all the latest details.

EMPLOYMENT LAW UPDATE
Employment Law has recently been in the headlines for the ‘radical’ changes being contemplated by the coalition government; but these aren’t the only changes to affect Employment Law – what about Agency Workers; Holiday Pay; National Minimum Wage Law; Redundancy Law, TUPE Law and Unfair Dismissal to name a few areas which have seen changes in the past year.
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RESTRUCTURING, REDUNDANCY & MERGERS
A practical workshop highlighting key legislative and employee relations considerations for any business undergoing change with a focus on legal compliance.
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DIRECTOR’S RESPONSIBILITIES
Empire’s in-house Barrister, Craig Bennison will look at Director responsibilities from an HR; HSE perspective, while restructuring and business improvement expert, Neil Armour from Eagle Orchid Management Services will share some of his vast experience of advising management in distressed and rapidly growing organisations.
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WITNESS FAMILIARISATION
If you are facing an Employment Tribunal and are unsure about what will happen on the day, you can turn to Empire for support. We currently offer a new specialist preparation day of Witness Familiarisation Training, in readiness for any forthcoming cases. The course is recommended for anyone who has not previously given evidence at an Employment Tribunal or who may be feeling nervous about the prospect of doing so.
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HEALTH & SAFETY
IOSH Managing Safely, NEBOSH General Certificate and CIEH Health & Safety courses are available to enable people to assess and control workplace hazards and understand their health and safety responsibilities.
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CUSTOMER SERVICE
Delivering good customer service for any business is a learned skill and a key point of difference. Our workshop has been developed using two methods “you make the difference” and the world famous “fish” customer service experience.
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EFFECTIVE INVESTIGATION SKILLS
Effective Investigations are an integral part of any disciplinary or grievance procedure. This workshop will give guidance on the scope of investigations, sources of evidence, witness statements and questioning skills.
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MANAGING CHALLENGING SITUATIONS
This session will offer guidance on conduction sensitive discussions with employees with a focus on attitude and behavioural issues, capability and underperformance.
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INTRODUCTION TO MEDIATION
An introduction to the resolution of workplace conflict through alternative path, with a ‘How to’ guide for managers on conducting information mediation.
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Has or will your business be affected by these issues? Empire welcome all feedback and comments. Please visit our facebook page where we regularly hold discussions relating to the topics covered in our blog posts.

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ACCIDENT AND INJURY STATISTICS

HSE figures identify that there were 171 fatal injuries in the year to March 2011, up from 147 in the previous 12 months.

Experts are worried that cutting back on training and maintenance during the recession could be partly responsible for the rise and the Institution of Occupational Health and Safety (IOSH) warning that ongoing “belt-tightening” could be causing the rise in deaths at work.


Construction and agricultural industries report the highest levels of work-related injuries, with disproportionately high numbers of incidents, however the figures show a continued fall in the number of people injured at work.

These were:

• Just over 90,000 injuries serious enough to keep people off work for four or more days - a rate of 363.1 injuries per 100,000 workers - down from the 96,427 the previous year.
• A rate of 99 major injuries per 100,000 workers, such as amputations, fractures and burns, also down slightly from the previous year.
• An estimated 1.2 million people said they were suffering from an illness caused or made worse by their work, down from 1.3 million in 2009/10.
• The total injuries and ill-health resulted in 26.4m working days being lost which equates to an average of 15 days per case, 22.1m of which were ill-health and 4.4m of which were injury related.

Experts are concerned that this could be a delayed knock-on effect of recession and belt-tightening resulting in the cutting back on training and maintenance.


Has or will your business be affected by these issues? Empire welcome all feedback and comments. Please visit our Facebook page where we regularly hold discussions relating to the topics covered in our blog posts.  

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BAN ON SMOKING IN CARS

The British Medical Association is calling for the ban on smoking in public places to be extended across the UK to protect people from second-hand smoke in cars after reviewing evidence of the dangers.

It has highlighted research results which demonstrate the toxins levels in a car can be up to 23 times higher than in a smoky bar.

Nowhere in the UK has implemented this extended ban although ministers in Northern Ireland are planning to launch a consultation on the issue and Wales has begun a public awareness campaign to highlight the dangers of smoking in cars with a plan to introduce a ban if the campaign does not succeed. Neither England or Scotland are currently considering introducing legislation at the moment.

Reclaiming health and safety
Lord Löfstedt’s report ‘Reclaiming health and safety for all - An independent review of health and safety legislation’, was published on 28 November. His review of the fitness of the 17 acts and 200 regulations as part of the Department for Work and Pensions document, Good Health and Safety, Good for Everyone concludes the UK’s health and safety law framework is broadly sound but he says the problem “lies less with the regulations themselves and more with the way they are interpreted and applied”.

A welcome recommendation is that that the HSE should provide more guidance for business on what constitutes reasonably practicable safety and the report makes further recommendations relating to four regulations relating to tower cranes and celluloid cinema.

As a result the HSE will begin work to amend the 53 Approved Codes of Practice (ACoPS) to reduce their complexity and will highlight the main changes necessary by June 2012.

The wider recommendation on consolidation of safety law is for the HSE to commission research by January 2012 to help decide if the core set of health and safety regulations could be consolidated in such a way that would provide clarity and savings for businesses. An agreed new ‘Challenge Panel’ will be set up for businesses wishing to challenge enforcement decisions they believe are not proportionate.

Work at Height Regulations
The review also recommends reviews of Work at Height Regulations in relation to the current inclusion of stepladders and permanent workplaces and seeks clarity in the requirement to organise portable appliance testing for electrical equipment in the workplace under the Electricity at Work Regulations. There are further proposals to remove the requirement for self-employed persons in low-risk occupations whose activities pose no risk to others to comply with health and safety legislation.

Judith Hackitt, HSE chair, has stated “Poor regulation - that which adds unnecessary bureaucracy with no real benefits - drives out confidence in good regulation. We welcome these reforms because they are good for workers and employers but also for the significant contribution they will make to restoring the rightful reputation of real health and safety.”

How do you think your business will be affected by these issues? Empire welcome all feedback and comments. Please visit our Facebook page where we regularly hold discussions relating to the topics covered in our blog posts.

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CHRISTMAS PARTIES AND THE CONSEQUENCES

Welcome to a bumper edition of the Empire blog, the last one for 2011! This edition provides some useful tips on how to get through office Christmas party season.

In the our next blog post we will explore issues concerning opening hours over the festive period and how to deal with conflicting holiday requests. we will also highlight the possible consequences to those looking to scrap Christmas bonuses. Look out for this post coming in the next few days. For now we would like to discuss the consequences of Christmas Parties

CHRISTMAS PARTIES AND THE CONSEQUENCES
Office parties can be a challenge for some businesses, with many having to decide how they ensure their employees behave appropriately and/or how they deal with staff who turn up late the morning after.

As the Christmas season approaches, many employees look forward to their office ‘Christmas do’, as it is an opportunity for them to let their hair down. However, it comes with the risk that if things do get out of hand there can be consequences that impact on the employment relationship. Employers should consider implementing some ‘rules’ for members of staff about the behaviour expected. With increasing pressure at work, there is the risk that people may drink too much and do something they might regret in the morning or which the employer could be held responsible for.

According to a survey from the Chartered Institute for Personnel and Development (CIPD), 46 per cent said disciplinary action had been taken for unorthodox use of the office photocopier, amorous activity on company premises or insulting the boss. Of the 2,000 staff surveyed, 29 per cent said action had been taken for fighting, 17 per cent for sexual harassment and 12 per cent for bullying.

With this in mind, it is worth taking into consideration the following points:

INAPPROPRIATE BEHAVIOUR
A survey by Contact Law revealed that 28% of people have been on the receiving end of unwelcome advances from a co-worker at the office Christmas party. Of these, 15% were advances made by a boss or senior colleague. This could place companies in an extremely precarious legal position, especially if the incidents lead to an official complaint about inappropriate behaviour.But it’s not just senior members of staff who need to be on their best behaviour. The survey also found that 18% of those polled have made an inappropriate comment to their boss after a few festive drinks. With this in mind, it is not surprising that one-in-ten said that they have considered not attending the Christmas party in case they embarrass themselves in front of colleagues.

DISCIPLINE
Employees may assume that their conduct outside of work hours is nothing to do with their employer, but with the office Christmas party often viewed as an extension to the workplace, any misconduct out of work could lead to disciplinary action.

An employee’s behaviour can affect your reputation and although a venue is not going to expect the same level of etiquette as a business meeting, if there is trouble or damage caused, the employer could face a hefty bill or be barred. The employer is then probably going to want to investigate and take the appropriate disciplinary action. Where misconduct has occurred at a Christmas do, the normal requirements to carry out a fair disciplinary process still apply.

GRIEVANCE
Misbehaviour at a ‘Christmas do’ might prompt a grievance by one employee against another as the risks of a complaint about sexual harassment or violent conduct is heightened in an alcohol fuelled environment. Not only might the employer face the need to investigate, but they might have to deal with resulting sickness absence and possibly even a claim of sex discrimination or constructive dismissal.

ABSENTEEISM
Whether the employee has attended the works ‘Christmas do’ or another seasonal celebration, an employer with a number of employees off the next day, due to overindulgence, may face difficulties which they wanted to avoid.

The employer should address absence issues and manage employees who come to work a bit frail, following a ‘heavy’ night. Just because it is holiday season you should not avoid dealing with employees who are not fit for work. Presenteeism at work is estimated to cost businesses more than absenteeism!

HARASSMENT AND DISCRIMINATION
The risk of harassment occurring almost certainly increases when colleagues are drinking. Harassment is defined broadly as any unwanted conduct that has the purpose or effect of violating dignity or creating a hostile or intimidating environment, where the conduct occurs on the grounds of sex, race, disability, sexual orientation, religion, age or belief. Even one relatively minor comment may amount to unlawful harassment. If decorating the office, you may want to use seasonal decorations rather than religious ones, i.e. tinsel instead of a nativity scene and using seasonal rather than religious Christmas cards.

Other forms of discrimination are less obvious. Third-party harassment may be relevant if, for example, clients or suppliers are also invited to the party. You should consider and cater to the needs of everyone who will be attending which could include ensuring that there is food that meets employees’ religious and cultural requirements and sufficient non-alcoholic drinks, and considering any physical assistance or adjustments for disabled staff.


HEALTH & SAFETY
As with most health and safety issues, assessment of the risk before the event is essential: both to reduce the risk of accidents or injuries and to help defend a claim should anything happen. It may be sensible to have one or more nominated managers who are not drinking alcohol, to keep an eye out for any unacceptable or potentially dangerous behaviour. You may also want to limit the amount of alcohol available or at least limit the free bar, and give some thought to how your staff get home safely.

To ensure your Christmas decorations are not breaching health and safety rules, you should carry out a proper risk assessment looking at where and how decorations are sited, particularly those that could pose a potential fire hazard. It would also be wise to check your insurance to ensure you are covered if any damage is caused by untested electrical equipment. So make sure you switch off the tree lights before going home!

CRIMINAL OFFENCES AND DRUGS
It is an offence for an employer to knowingly permit or even to ignore the use, production or supply of any controlled drugs taking place on their premises. In addition, drink driving may also damage your reputation or undermine trust and confidence and in these cases you may well be justified in taking disciplinary action against the employee.

With an organisation likely to have the same legal responsibilities for what happens during the Christmas party as it does during normal working hours, planning and clear communication will ensure any concerns are minimised or avoided altogether.

It would be sensible, before the festivities begin, to remind staff of the level of behaviour that is acceptable, without becoming too much of a spoilsport.

Empire HR would like to wish all our readers a very merry Christmas and happy New Year! We also hope everyone enjoys the festive period. Look out for the next Empire post. If you have any questions or queries relating to any of the issues covers we welcome all feedback and comments.

Please visit our Facebook page where we regularly hold discussions relating to the topics covered in our blog posts

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HR Case Study Law Updates

Human Resource: HR Case Study Law Updates

The case of Adams and another V Harwich International Port Ltd ET/1503084/10 has confirmed that employees who are off sick over the start/finish of an annual leave year are entitled to carry all of their accrued leave to the following annual leave year. It was previously thought that this rule would only apply to the 4 weeks of holidays granted by the European Directive relating to holidays, but the case confirmed that it also applies to the additional 1.6 weeks granted by the UK Government via the Working Time Regulations.

The case of Williams and others v British Airways Plc has clarified that holiday pay should include supplementary payments and allowances, not just basic pay.

Has or will your business be affected by these issues? Empire welcome all feedback and comments.

Please visit our facebook page where we regularly hold discussions relating to the topics covered in our blog posts.  

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Health & Safety and Human Resources

Human Resources: Flexible working not a burden on employees

The latest statistics released by the CIPD reveals that only 10 tribunal claims relating to the right to work flexible working were successful in 2010/11. Although 277 claims were placed, only 48 reached the tribunal stage and of those, just 10 were won by the employee.

This appears to demonstrate that flexible working legislation has been successfully implemented without imposing an excessive burden on businesses. This is likely to encourage those campaigning to extend the right to work flexibly to all employees.

Health & Safety: The cost of not separating transport from pedestrians

Separation of pedestrians and forklift trucks could have prevented a serious industrial accident when a 61-year old employee had both his ankles and lower legs broken by a fork lift truck reversing into him at Verplas Ltd’s Dorset site.

The company pleaded guilty to breaching S.2(1) of the Health and Safety at Work etc. Act 1974 at Bournemouth Magistrates’ Court and was fined £10,000 with costs of £2,407


Has or will your business be affected by these issues? Empire welcome all feedback and comments. Please visit our facebook page where we regularly hold discussions relating to the topics covered in our blog posts.  

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GAS SAFETY - HAVE YOU ASSESSED YOUR CONTRACTORS?

A man claiming to be a registered gas engineer from Accrington has received a two year prison for endangering people’s lives at two properties in Lancashire. The Health and Safety Executive successfully prosecuted for six offences, after his work was classified as being ‘immediately dangerous’. It was reported that Burnley Crown Court heard the 35-year-old’s actions had put residents at risk of being killed or seriously injured in a gas explosion or from carbon monoxide poisoning.

Mr Jonathan had falsely claimed he was a registered gas engineer when he installed a new boiler at a community nurse’s home on Willows Lane in Accrington on 22 October 2010. Unbeknown to the occupiers the boiler was left operating dangerously. He then failed to return to fix continuing problems and it was then reported to the manufacturer as being faulty who sent an engineer to repair the boiler. The engineer classified the installation as being ‘immediately dangerous’, and disconnected it from the gas supply straight away and Mr Jonathon’s work was reported to Gas Safe Register, which holds the official list of legal and safe gas engineers. The HSE carried out an investigation and found other work he had carried out in the area to also be dangerous.

The defendant pleaded guilty and was sentenced to 24 months in prison at Burnley Crown Court. Paul Johnston, Chief Executive of Gas Safe Register stated “Gas fitters working unregistered like Stephen Jonathan are far more common than you think - we estimate they’re doing 250,000 illegal jobs each year, causing fires, explosions, gas leaks, carbon monoxide poisoning and leaving people out of pocket.

“All gas engineers have to be Gas Safe registered - it’s the law. Our message to everyone is clear - check the engineer’s Gas Safe Register ID card before letting them work on gas.”

Has or will your business be affected by these issues? Empire welcome all feedback and comments. Please visit our Facebook page where we regularly hold discussions relating to the topics covered in our blog posts.  

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TEENAGER LOSES FINGERS

An eighteen year old machinist, who worked with lathes, grinding and milling machines, lost half his index finger, most of his middle finger, and both his ring and little finger of his left hand while he was was changing a cutter on a milling machine. He accidentally switched the machine on while the cutter was still in his hand but despite attempts, surgery failed to re-attach the fingers.

The HSE told the court the system of work for changing cutters was not safe and risks from operating the mill- ing machine and changing cutters had not been adequately assessed. Their investigation also concluded that there was insufficient guarding around the machine to protect body parts during its operation and also found interlocks and the start buttons were not covered which would have prevented inadvertent activation during setting up and maintenance.

The HSE Inspector said: “For a young man to lose four fingers in an incident like this at the start of his career is serious and severely affects his future employment prospects.“If safe systems of work, sufficient guards on the machinery and adequate supervision had been in place, this would not have happened.” The company has been fined £10,000 and ordered to pay costs of £7,376.40.

What are your thoughts on this? We welcome all feedback and comments. Please visit our facebook page where we regularly hold discussions relating to the topics covered in our blog posts.

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London Riots, First Aid and Empire HR

There have been many current affairs that have been featured in the press recently, where Empire have identified issues concerning HR, including the News of the World Scandal. In addition the recent events in London and the riots that took place, also raise issues relating to HR. 

In this blog we explore issues from the riots as well as guidance on First Aid in the workplace.

RIOTING AND HR

The riots that hit London last month have highlighted the crucial role of HR in a crisis. The spontaneity and unpredictability of the riots meant that those affected had to react swiftly in circumstances that they had probably never encountered before.

Having a good HR manager or department within a business would undoubtedly have been an invaluable asset during the crisis, providing immediate and commercially viable solutions to the problems faced.

For example, many affected businesses had to consider what to do with employees who no longer had a viable place of work. Larger business could rely on their HR departments to organise the redeployment of employees to alternative stores or offices. Smaller businesses could temporarily lay off employees, or perhaps enforce a period of annual leave. Some may even be forced to make employees redundant if the business is no longer operating and will not be viable for the foreseeable future.

Unfortunately those with no HR support may now face the additional burden of potential tribunal claims if they simply sent employees home with no pay for an indefinite period of time.

The basic starting point for business owners and managers is that where an employee opts not to come into work, there will normally be no obligation to pay them. However, where the decision is taken out of their hands and they are willing to come into work, they must be paid. The uniqueness of the circumstances means that there is no hard and fast rule – all absences should be investigated in full before any pay is withheld.

It is essential that business owners seek legal advice on the options available to them before assuming that they can dismiss employees. The ability to temporarily lay off employees is largely dependent on the inclusion of a ‘lay off’ clause in their contract. Redundancy is also dependent on the circumstances facing each particular business, and a consultation process must be followed prior to any redundancy dismissal.

Some HR Managers will need to deal with employees who have been convicted of an offence related to the rioting. In general, a criminal conviction is not sufficient justification for a dismissal unless the employee works with vulnerable service users or is in a sensitive role.

A lot would depend on whether the conviction has affected the reputation of the business (perhaps the media named and shamed the employee), and whether the conviction has undermined the trust and confidence in the employee. For example, an employee convicted of looting in the area in which they work may lead to their retail employer losing trust in them.

Each case must be considered on its own merits, with the full ACAS Code on Discipline and Grievance being followed at each stage of the process. Given the current wave of public anger, it does seem likely that tribunals will be sympathetic to businesses but they will still consider whether a dismissal falls within the ‘range of reasonable responses of a reasonable employer’.

FIRST AID IN THE WORKPLACE GUIDANCE 

Guidance has been issued by the Health and Safety Executive in relation to the qualifications first-aiders in the workplace need and the responsibilities employers have when appointing them. The guidance defines a ‘first-aider’ as somebody who has undertaken training and has a qualification that The HSE approves;

Either a valid certificate of competence in either:

First aid at work, issued by a training organisation approved by HSE;
Emergency First Aid at Work, (issued by either a training organisation approved by The HSE or a recognised Awarding Body of Ofqual/Scottish Qualifications Authority.

Employers must undertake a first-aid needs assessment and should use the findings to determine which training in first aid and what number of trained personnel will be suitable and sufficient after taking account of all the relevant circumstances of their particular workplace.

A question often arises about liability of first-aiders, and while the HSE seeks to reassure that it is very unlikely that action would be taken against a first-aider who was using the first-aid training they have received (and in any case not by HSE as it is outside their jurisdiction), it is recommended that Employer’s should seek advice from their insurance brokers on whether their policies cover first-aiders’ liability.

What are your thought on this? Have you been affected by any of the issues raised in this blog? We would really like to hear your views and comments. Visit our facebook or twitter page to share your comments.

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Vehicle Safety is a must

There are many factors that are essential for all businesses to consider when it comes to Health and Safety. Therefore, Empire HR would like to raise some topical issues and welcome you to leave your comments and provide us with feedback. In this post we discuss the importance of Vehicle Safety, the indecent of a company being prosecuted for a reversing lorry. We also discuss and offer advice on helping foreign staff improve their English.

VEHICLE SAFETY
There are numerous safety issues to consider and risk assess with the use of vehicles at work. Not only are the licenses, roadworthiness, tax, insurance and safety checks to be undertaken on company vehicles, there is a need to include employee’s own vehicles in the equation when these are used for work purposes. The safe movement of vehicles on work premises, safety of pedestrians, planning of road trips, loading operations of vehicles and weather conditions to name but a few all add up to present a potentially lethal cocktail if not planned and controlled, regularly monitored and reviewed by competent persons.

PROSECUTION FOR REVERSING LORRY ACCIDENT
An Essex based company has been fined £150,000 and ordered to pay £19,000 costs following an accident which resulted in an employee being seriously injured, having his skull crushed by a reversing lorry at the company’s depot.

An articulated 45ft HGV trailer was being reversed into an open loading bay as the warehouse porter waited to unload it. He had noticed a positioning error and put his head around the back of the trailer to shout instructions to the driver. At that moment the trailer reversed further, crushing his head against the brick wall. He received severe head injuries and long term effects but has returned to work.

The subsequent HSE investigation found the company had not assessed, controlled, or properly managed the risks arising from vehicle and equipment movements and had also failed to provide a safe system of work for its employees.

HSE stated “This firm could have put in place a physical separation between the porters, moving vehicles and the loading bays and a safe way for porters and drivers to communicate with each other. None of these measures were evident and so a worker was seriously hurt for no good reason.”

DO YOU HAVE ANY FOREIGN STAFF WHO NEED HELP WITH THEIR ENGLISH?
If you run an international company you will understand the importance of effective communication, dealing with customers on the telephone, writing reports and meeting clients. All these situations require non-native employees to speak and understand English clearly. Do you encounter any of the following problems in your workplace?

• Our employees do their day-to-day duties well but their ability to communicate is poor. We’re particularly worried about health & safety issues.

• My boss keeps asking me to do presentations in English and I’m finding it stressful!

• My English is good but clients don’t understand me over the phone. I need help with my pronunciation! I can speak English well but I find it difficult to write technical reports!

Whatever problems your staff may have with English language, International House Aberdeen can help.
International House Aberdeen, Grampian’s premier English language school can offer tailor-made one-to-one or group tuition for your employees.

Their flexible study programme allows us to offer courses at any time convenient to you or your staff, either at our premises on Union Street or on-site.

If you think the services of International House, Aberdeen would be of benefit to you or some of your staff, please contact IH Aberdeen on 01224 634006 or email directly on info@ihaberdeen.com and quote “EMPIRE HR”. 

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New appointment at Empire...

Gill Hutchinson has joined the team as Health & Safety Manager to support the company’s continuing growth in this area.

Empire currently employs 23 members of staff at their headquarters in Aberdeen.

Gill has been a H&S Professional since 2000, initially as a Health & Safety Manager for a large voluntary organisation in London before taking on a consultancy role with a large Manchester based company.

With her experience in the industry, she brings a wealth of knowledge to Empire, which will be beneficial to their clients across the country.

Her role will see her lead and develop the H&S division of the business and she will be working closely with the company’s wide client base to ensure they are updating and reviewing their policies as required by law.

Gill says: “I made a commitment to make a difference to safety standards in the workplace after being exposed to ill-managed industry related hazards and health and safety is an area which every employer should be managing.  At Empire I am going to initially focus on making that process easier for our clients to understand through updating and reviewing policies to make them more concise and easier to comply with.”

Gill has relocated to Scotland from Cumbria with her 14-year-old daughter to take on the new position.

Here's what Operations Director, Peter-Jon Chalmers had to say about Gill\s appointment: “Gill is an excellent addition to the team at Empire and her expertise in the health and safety arena is excellent and her skills and ability to explain policies in simple terms will be hugely beneficial to all of our clients.”

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Food and Drink Manufacturing Injury Statistics

HSE recently published its latest HSE Statistics (2009/10) on workplace injuries, work-related ill health and enforcement in the UK. During 2009/10, in food and drink manufacture, there were 4185 'over-3-day absense' injuries plus 856 'major' injuries (eg broken bones or requiring hospitalisation). Expressed as injury rates, 'O-3-D absense injuries' reduced from 1197 (2008/09) to 1165 injuries/100,000 workers, a drop of 2.7%. The combination rate for 'O-3-D absense' plus 'major injuries' fell by 1% during 2009/10 which, when added to an earlier 3% drop in 2008/09, makes an overall reduction of 4% during the period 2008/10.

Builder Prosecuted for Ignoring Health and Safety Rules

A builder whose employees were forced to work in unsanitary conditions, with no toilet or washing facilities, in Rochdale has appeared in court.

Michael Connolly, 46, was prosecuted by the Health and Safety Executive (HSE) after he repeatedly ignored calls to improve his conditions at the site in Littleborough where he had employed contractors to convert a house into flats and shops.

HSE inspectors who visited the site in Church Street found that there were no toilets or washing facilities. They also discovered live wires sticking out of lug sockets, unsafe scaffolding and plaster and rubble scattered all over the site.

Inspectors deemed the site to be so dangerous that Mr Connolly was immediately served with three improvement notices and two prohibition notices following the visit on 4 November 2009.

Despite Mr Connolly's assurances that he had complied with all the notices, when inspectors revised the site on several occasions over a 10-week period, they discovered he had still not provided adequate facilities for workers, including soap and hot running water.

HSE Inspector Alan Pojur said:

"In failing to provide basic amenities like hot water, especially when workers would have been covered in building site dust and plaster, Mr Connolly showed a complete lack of regard for the welfare of the people he employed".

Minimum workplace temperatures

Regulation 7 of the Workplace (Health, Safety and Welfare) Regulations 1992 (SI1992/3004) states that, during working hours, the temperature in all workplaces inside buildings shall be reasonable. However, the Regulations do not provide a minimum workplace temperature. Whether or not a temperature is reasonable will depend on factors such as the nature of the workplace and the type of work that is being carried out.

The Health and Safety Executive provides guidance on the Regulations, which recommends a minimum temperature of 16'C for workplaces where the activity is mainly sedentary, such as offices. For workplaces where much of the work involves physical effort, the minimum recommended temperature is 13'C.

UCATT warns on site safety in cold weather

With the cold weather still looming about, construction union UCATT are warning construction employers that extra checks need to be made on sites, to ensure that work can be conducted safely, during the current extremely cold weather.

Employers need to undertake additional risk assessments during extreme weather in order to ensure that sites are safe before work progresses. Employers also need to ensure that:

- Appropriate protective equipment is used
- Mobile facilities for warming up and warm fluids such as hot chocolate or soup are provided
- They introduce more frequent rest breaks
- Workers are educated on recognising the early symptoms of cold stress/ early signs of hypothermia. These include shivering, loss of co-ordination, slurred speech, memory loss and pale cold skin.


Alan Ritchie, General Secretary of UCATT, said: "cold weather brings additional dangers to the construction industry. It is essential that employers ensure sites are safe and proper facilities are provided during cold weather working. If employers do not believe that their site is safe they should stop work immediately until problems are resolved".

Too fat to drive?

A bus company in Lancashire has suspended two drivers because of their weight. They have been ordered to lose 7lbs in a month and then new targets will be set. The company claims the decision is justified on the grounds of health and safety but it has been criticised by some local politicians who point out that driving a bus is a sedentary role.

Spooky halloween tips from Empire HR

Halloween celebrations are increasing in popularity in the UK, with many businesses planning office based Halloween themed parties.

These spooky parties are viewed as a bit of fun by most and managers often embrace the opportunity to participate in a bit of team building entertainment.

Whilst team building events are a good thing, it is important to bear in mind the potential pitfalls associated with Halloween celebrations.

Empire has provided some tips on how to prevent trouble brewing at work:

Stick to scary, not garish!

Think carefully about the dress code. If fancy dress is in order, consider making it clear that outfits shouldn't be revealing or inappropriate. Is a skimpy Tarzan outfit really suitable for an office Halloween party? After all, you don't want people to be scared for the wrong reasons! Some common sense is also required. Dressing up as the Grim Reaper isn't a good idea of you work in the medical profession!

Be eerie but not creepy!

Office parties are nutorious for resulting in gossip and unprofessional behaviour. It doesn't become acceptable to leer at ot harass colleagues just because you are wearing a pumpkin outfit. The last thing you want is to have to deal with complaints about colleagues the morning after the celebrations. Therefore, ensure all employees are aware that the office party is a bit of fun and not an opportunity to break the rules.

Ghost and ghouls are not loved by all!

Bear in mind that Halloween is actually quite a controversial celebration. Many people don't celebrate Halloween and some have strong opinions on the issue. It's important to respect the views of all employees and it should be made clear that participation in anything Halloween related is optional.Halloween parties may not be appropriate in some sectors such as childcare due to the scaryt nature of the celebrations and the possibility thats some parents will not want their children to participate.

Keep the drinks chilled

If the celebrations are office based and/or take place in working time, consider whether alcoholic drinks are appropriate. If alcohol will be on offer, ensure your employees have arranged lifts or taxis home. Also remember than non alcoholic drinks should be made available too.

Delete frightening photos

Do you want photos on the internet of your employees dressed up as witches/ghosts/pumpkins with the Company logo in the background? If not, consider hosting the party out of the office, or ban the use of cameras. A surge in the use of social networking sites means there's a strong likelihood of less than professional photos being circulated to thousands of people.

No chainsaws allowed!

Consider the health and safety implications of the celebrations. Many Halloween themed costumes include plastic knives, fake blood and other similar fake weapons. Make sure tht no one brings a real weapon to accessorise their outfit!

Health Questionnaires

Due to the large amounts of phone calls this month relating the health questionnaires we have decided to provide some information on the topic.

The Equality Bill generally prohibits the use of pre-employment questionnaires, although there are some exceptions. These are set out in Section 60(6) of the Bill. Amongst the 5 exceptions is:

S(60)(6)(b) establishing whether the applicant will be able to carry out a function that is intrinsic to the work concerned.

This exception is the one that is likely to have most relevance for employers but it is a narrow exception.

Therefore, I would only advise the use of a pre employment questionnaire intended to fall within this exception where:

1) There is a genuine requirement for the employee to carry out a task of a physical nature.

It would not normally be appropriate to use a questionnaire where the work is office based, or where there are no tasks that are particularly physical. The first stage in considering the use of the questionnaire is to establish what the requirement is (e.g. heavy lifting, running, 20/20 eyesight etc). There should be some evidence that this requirement is genuine, and not simply a speculative requirement.

2)That task requiring the physical work is essential to carry out the job.

If the task resulting in the requirement is not essential, or it could be assigned to a different employee, or is not required to be carried out very often, it would not normally be appropriate to use the questionnaire. For example, even if there is some physically demanding work involved, I would advise carefully considering whether the use of a questionnaire is appropriate if it is possible that they could do most of the job without carrying out the physical work. Therefore, after you have established what the requirement is, you need to consider how important it is that the applicant can fulfill it.

3) The requirement is a proportionate means of achieving the aim.

This means that it is important to carefully consider whether the requirement is the best way to achieve the task. For example, if you are stipulating that the applicant must have 20/20 vision due to the work being technical and intricate you would need to be sure that the requirement for 20/20 vision was proportionate - consider the consequences of an employee without perfect vision carrying out the task – if there would be no serious consequences the requirement for 20/20 vision is not likely to be a proportionate requirement.

4) The questions are designed to ascertain whether there may be a problem in carrying out the particular task.

Therefore, it would not be appropriate to ask questions that will not relate to the particular task in question. For example, it would not be advisable to ask a question about skin problems such as eczema if the task that the questionnaire related to is heavy lifting. This means that it would not normally be appropriate to have a standard format for the questionnaire asking a series of general questions. The questions should be relevant to the specific task necessitating a particular requirement that you have established as being a genuine requirement that is essential to carry out the job.

It is worth noting that any questions should be designed to ascertain current ability to carry out the task. Therefore, questions asking about past health issues are likely to fall foul of the Act. I would recommend steering clear of questions starting with ‘have you ever …..’ and replacing them with ‘do you …’

As a very simple example, the Act’s explanatory notes state that a questionnaire may be relevant where "An applicant applies for a job in a warehouse, which requires the manual lifting and handling of heavy items. As manual handling is a function which is intrinsic to the job, the employer is permitted to ask the applicant questions about his health to establish whether he is able to do the job (with reasonable adjustments for a disabled applicant, if required). The employer would not be permitted to ask the applicant other health questions until he or she offered the candidate a job."

When considering whether to use a pre-employment questionnaire it is worth bearing in mind that while asking an applicant health questions will not in itself amount to discrimination against a job applicant, acting on the answers may well do. Where an unsuccessful job applicant brings a direct disability discrimination claim, and the employer asked a pre employment health question for a non-prescribed reason, the burden of proof will shift automatically to the employer to show that no discrimination took place.

In addition, the EHRC will be able to take enforcement action in relation to prohibited questions even where no discrimination is alleged to have taken place.

This prohibition only relates to pre-employment questionnaires. Once an applicant has been offered a job, an employer can ask questions relating to health in order to ensure health & safety obligations are being met, that appropriate reasonable adjustments are met etc.

If you find that you still require more information or guidance on this matter please contact our advice helpline on 01224 701383.

Agricultural Fatalities

New figures for the number of workers who were fatally injured in the agriculture sector have been released by the Health and Safety Executive (HSE) this month.


They show that between 1 April 2009 and 31 March 2010:

• 38 agriculture workers were killed at work, marking a return to average levels of previous years in contrast to the record low in 2008/09 when 25 workers died


• the rate of fatal injuries in the sector was 8.2 per 100,000 workers, making it the most dangerous industry in which to work


• of the 38 agriculture workers killed, 17 were employees and 21 were self employed people


• seven members of the public were also killed in work related accidents in the sector

Builders Fined

A building company and its director have been fined a total of £30,000 after a worker fell nearly thirty feet from scaffolding at a building site in Llanfairfechan, sustaining severe injuries.

JBB Homes Ltd of Stockport in Cheshire - which has subsequently gone into liquidation - pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974. It was fined £20,000 and ordered to pay costs of £10,835. The company's director, James Burt, pleaded guilty to breaching Section 37(1) of the Health and Safety at Work Act 1974 and was fined £10,000.

Llandudno Magistrates' Court heard that builder Nicholas Roberts, 28 years old from Rhyl, was working on scaffolding at a site in Gwylanedd, The Promenade, Llanfairfechan on 4 December 2007 when the incident happened.

The HSE investigation found that Mr Roberts was carrying out work to replace a lintel, when he fell from the scaffolding. He fractured his pelvis in three places, broke some teeth and bruised his pelvis and groin.