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Workplace Law Legal Update September 2011

Published: 1st September 2011

Health and safety issues dominate this month with a major change in the frequency of RIDDOR reporting and the Prime Minister using the aftermath of the August riots to take a swipe at over-zealous regulation.

Sara Bean of Workplace Law reports.

HSE recommends RIDDOR reporting extension

The HSE has agreed that the absence period that triggers an accident report to the HSE or local authority under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) should increase from three days to seven days.

At a recent board meeting the HSE agreed to recommend the change to the Secretary of State, following a recommendation in Lord Young’s 'Common Sense, Common Safety' report and a consultation.

Over 775 responses to the consultation were received. It found that 67% supported the proposal.

Key themes identified by respondents who agreed with the proposed change included that:

• Administrative burdens would be reduced; 
• Aligning with the 'fit note' would make sickness absence easier to manage;
• The medical examination would assist with rehabilitation and the management of the  injured person’s return to work;
• Some employers felt that some employees extended their absence in order to have an incident officially reported.  The need to obtain a 'fit note' and therefore undergo a medical examination before reports were made, would do much to eliminate this and, thus, there would be a positive impact on the 'claims culture';
• The extended period would allow more time for employers to investigate the incident internally;
• Uncertainty when the period of absence goes into a weekend or other rest period would be removed;
• The quality of information about the injury provided in the RIDDOR report would improve as this would be confirmed by a medical professional when the fit note was issued; and
• It would focus RIDDOR on the more serious injuries.


BIFM considers becoming a chartered body

The British Institute of Facilities Management (BIFM) has announced that it is actively considering applying for chartered body status. The Institute’s Board has agreed to set up a working group to look at the costs, benefits and feasibility of the change. This group will make a recommendation to the Board no later than summer 2012.

The Board’s decision marks a change in the BIFM’s previous position which was that, while chartership was not being actively pursued, the Institute would not take any actions that would preclude the possibility of becoming chartered.

Commenting on the new stance, BIFM Chairman, Ian Broadbent said:

“The Institute has reached a size, level of maturity, engagement and influence where it is logical to explore Chartership.”


Microsite focuses on workplace facilities

The HSE’s ‘Health and Safety Made Simple’ microsite has highlighted the need for employers to provide the right workplace facilities.
 
It states:

“You must protect the safety and health of everyone in your workplace, including people with disabilities, and provide welfare facilities for your employees.”
 
Employers must provide welfare facilities such as toilets and hand basins, with soap and towels or a hand-dryer; drinking water; a place to store clothing (and somewhere to change if special clothing is worn for work); and somewhere to rest and eat meals.
 
To have a healthy working environment, the site reminds employers that they must also make sure there is:

• good ventilation – a supply of fresh, clean air drawn from outside or a ventilation system;
• a reasonable working temperature (usually at least 16°C, or 13°C for strenuous work, unless other laws require lower temperatures);
• lighting suitable for the work being carried out;
• enough room, space and suitable workstations and seating; and
• a clean workplace with appropriate waste containers.


'Broken society' review to address health and safety

In a speech in the aftermath of the August riots, Prime Minister David Cameron pledged a ‘no holds barred’ review of what the Government is doing about what he called “the broken society”.

He said the review would tackle specific issues such as security and policing, parenting and families, schools, human rights and health and safety.

On the latter, Cameron said:

“Let me be clear: in this country we are proud to stand up for human rights, at home and abroad.  It is part of the British tradition,” but added: “The truth is, the interpretation of human rights legislation has exerted a chilling effect on public sector organisations, leading them to act in ways that fly in the face of common sense, offend our sense of right and wrong, and undermine responsibility.

“It is exactly the same with health and safety – where regulations have often been twisted out of all recognition into a culture where the words ‘health and safety’ are lazily trotted out to justify all sorts of actions and regulations that damage our social fabric.”



 



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