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Construction companies: A reminder of health and safety obligations

Palmers Solicitors Article Left, Business News, Employment Law Business, Employment Law Individual 23 May 202230 May 2022

Recently a few construction and engineering-based projects have been in the news as some workers involved suffered from work-related injuries.

Tunnellers were trapped by a fire while working on HS2 in Chilterns. Two workers became injured, one critically and both remain in the hospital during a collapse of a steel frame at an Ardmore site in London. And the Network Rail received a £1.4 million fine after its workers sustained life-changing injuries.

What is the Health and Safety legislation?

Since 1974, the Health and Safety at Work, etc Act 1974 (HSWA) has been in place to put legal responsibility on all employers “to ensure, so far as is reasonably practicable, the health, safety, and welfare at work” for all their employees and people working on their sites.

To encourage ‘Successful Health and Safety Management’, the Health and Safety Executive (HSE) released guidance which consisted of its slogan ‘Plan, Do, Check, Act’. This motto promotes the need for construction bosses to think out their projects and consider any risk factors.

What other legislations must construction bosses consider?

When planning and performing any work, some other laws must be considered, such as the following:

The Building Act 1984 – “secure the health, safety, welfare, and convenience of persons in or about buildings and others who may be affected by buildings or matters connected with buildings”.
The Construction Design and Management Regulations 2015 – read about it here.
The Construction (Head Protection) Regulations 1989
The Health and Safety (Consultation with Employees) Regulations 1996
The Reporting of Injuries, Diseases, and Dangerous Occurrences Regulations 2013

Additionally, now that the UK has left the EU, many UK legislations now no longer need to follow EU law and have therefore experienced changes.

Jeremy Sirrell, a Director at Palmers and a Health and Safety advisor, said: “Before starting projects, construction and engineering companies must ensure they have Health and Safety procedures in place to avoid any accidents and injuries.

“If you are concerned about your business’ safety obligations, then it is important that you seek specialist advice at the earliest convenience.”

For help and guidance on all aspects of Health and Safety Law, including putting in place strategies to protect your workforce, please contact our expert team today.

Stress Awareness Month is a reminder of workplace health obligations

Palmers Solicitors Business News, Employment Law Business, Employment Law Individual 27 April 2022

The pandemic it seems has left more people than ever before feeling stressed, with disrupted social lives, cancellation of large gatherings, travel restrictions and working home alone for long periods.

Stress Awareness Month has been held every April since 1992 to increase public awareness about both the causes and cures for our modern stress epidemic.

A survey by the Stress Management Society has found that 65 per cent of people in the UK have felt more stressed since the COVID-19 restrictions began in March 2020.

The Stress Management Society is a non-profit organisation created in 2003 and dedicated to helping individuals and companies recognise and reduce stress.

Major cause of long-term absence

Stress can manifest itself in the workplace and can place immense demands on employees’ physical and mental health and affect their behaviour, performance and relationships with colleagues.

It’s a major cause of long-term absence from work, and it’s important that employers know how to manage the factors that can cause work-related stress. Stress-related absence can also have a detrimental effect on the business and its profitability.

Employers should conduct stress risk assessments and manage workplace activities to reduce the likelihood of stress developing.

Reducing work-related stress

The legal duty to ensure the mental wellbeing of staff means taking appropriate action in response to any employee who is suffering from stress and taking steps to prevent work-related stress from becoming commonplace across the workforce.

There are several ways for employers to meet their responsibilities and fulfil their duty of care towards their employees. These could include:

Implementing a work plan that promotes good mental health of all employees and outlines the support available for those who may need it.

Developing mental health awareness among employees by making information, tools and support accessible.

Encouraging open conversations about mental health and the support available when employees are struggling.

Providing employees with good working conditions and ensure they have a healthy work/ life balance and opportunities for development.

Promoting effective people management and training and supporting line managers in effective practices.

Routinely monitoring employee mental health and wellbeing by understanding available data, talking to employees, and understanding risk factors.

Make sure legal requirements are met

Work-related stress is a widely recognised health and safety issue, and failure to take appropriate action to prevent work-related stress or to support an employee suffering with stress could have far-reaching consequences for the business.

Samantha Randall, an Employment Law expert at Palmers, said: “This month’s event reminds employers to ensure they are putting policies in place for their workers to manage workload and their wellbeing at work.

If you need advice on related matters, speak to our employment law team today.”

Ladder incident caused fractures to worker

Palmers Solicitors Business News, Employment Law Business, Employment Law Individual 27 April 202229 April 2022

Welsh jam and preserve manufacturer, The Clarendon Food Company Limited was prosecuted after a worker fell off a ladder on its site in Pwllheli, sustaining multiple fractures, including his right arm, left leg, cheekbone, and backbone.

On 6 April 2020, the employee was installing a security camera on the outside of the company building using an unsecured ladder. Llandudno Magistrates’ court heard how the ladder slipped, causing the worker to fall approximately 15ft to injury.

This installation work was not properly or safely planned out, nor was there a discussion of an alternative option to complete this task. Plus, no training had been provided to any workers, including the injured man, in relation to duties that involve height.

The company, therefore, pleaded guilty to breaching section 2 of the Health and Safety at Work Act 1974 and were fined £40,000. They also ordered to pay costs of £5,344.30.

Jeremy Sirrell, a Director at Palmers who deals with prosecutions for health and safety matters, said: “The failure to ensure that the equipment was suitable for use has led to this avoidable incident.

“If you are concerned about your businesses’ safety obligations, then it is important that you seek specialist advice at the earliest convenience.”

For help and guidance on all aspects of Health and Safety Law, including putting in place strategies to protect your workforce, please contact our expert team today.

Worker’s finger crushed at sheet metal fabrication company

Palmers Solicitors Article Right, Business News, Employment Law Business, Employment Law Individual 3 March 20223 March 2022

In October 2019, an apprentice of R Briggs Sheetmetal Fabrication Ltd, a company specialising in manufacturing canopies and ventilation ducting, had their finger crushed while operating a swaging machine.

This machine consists of two rotating wheels controlled by a foot pedal. The apprentice was instructed by another apprentice and a trainee on how to use the machine. After carrying this process out on approximately four pieces of tubing, the apprentice was left to proceed on their own, unsupervised. Whilst continuing the task, the fabric safety glove worn by the apprentice caught in the rotating wheels of the machine. On releasing the foot pedal, the wheels took a few seconds to stop, drawing the apprentice’s hand between them and causing a crushed fingertip and a fracture. As a result of the incident, the worker was unable to work for two months.

R Briggs Sheetmetal Fabrication Ltd had not performed an appropriate risk assessment or provided staff with adequate training or assessed the additional hazards presented by a young, inexperienced person working with machinery and being unaware of existing or potential risks.

The company pleaded guilty to breaching Section 2 (1) of the Health and Safety at Work etc. Act 1974, were fined £13,000 and ordered to pay costs of £2,682.

Jeremy Sirrell, a Director at Palmers and a Health and Safety expert, said: “The failure to ensure that the equipment was suitable for use has led to this avoidable incident.

“If you are concerned about your businesses’ safety obligations, then it is important that you seek specialist advice at the earliest convenience.”

For help and guidance on all aspects of Health and Safety Law, including putting in place strategies to protect your workforce, please contact our expert team today.

Protecting staff from COVID-19 and supporting them over vaccinations

Palmers Solicitors Article Left, Business News, Employment Law Business, Employment Law Individual 3 March 2022

With the lifting of most COVID-19 restrictions in England, many employers have been encouraging staff to return to the office.

Many will also be considering whether they should impose a mandatory vaccination policy on staff members and what are the potential legal pitfalls of doing so. If members of staff contract COVID-19 at work, could the employer be found liable and sued?

Although most restrictions have been lifted, employers still have a duty of care to look after their staff’s health.

During the height of the pandemic Government guidance was for employers to put in place all necessary health and safety measures like sanitisers, PPE where required, screens at workstations and working from home arrangements. Many employers still have these measures are still in place.

So for staff members to prove they caught COVID-19 at the workplace might be difficult, as they could have picked it up at home or travelling to their place of work. For an employee to sue the employer they must prove that some form of negligence occurred on the employers’ part.

As far as introducing mandatory vaccination to protect staff, before making any decision, employers may find it useful to talk with their staff about the vaccine and share the benefits of being vaccinated.

Guidance from Acas, the Advisory, Conciliation and Arbitration Service, says employers should include recognised trade union or staff representatives in any discussions.

It could help to discuss things like:

The Government’s latest vaccine health information
How staff can access the vaccine
If staff will need time off work to get vaccinated
Pay for time off work related to the vaccine
Whether the employer plans to collect data on staff vaccinations, and if so, how this will follow data protection law (UK GDPR)

To encourage staff to get the vaccine, employers might consider:

Sharing government vaccine health information with staff
Offering paid time off for vaccination appointments
Paying staff their usual rate of pay if they’re off sick with vaccine side effects, instead of Statutory Sick Pay (SSP)
Not counting vaccine-related absences in absence records or towards any ‘trigger’ system the organisation may have

Talking with staff can help to:

Agree a vaccine policy that’s appropriate for both staff and the organisation
Support staff to protect their health
Keep good working relationships and avoid disputes in the future

Samantha Randall, an Employment Law expert at Palmers, said: “Any decision after that discussion should be put in writing, for example in a workplace policy. It must also be in line with the organisation’s existing disciplinary and grievance policy and follow discrimination law.

“Employers should be sensitive towards personal situations and must keep any concerns confidential. They must be careful to avoid discrimination.”

Spending gap between state and private education sectors widens

Palmers Solicitors Business News, Education 21 February 2022

New research has revealed that the gap in per-pupil spending between the state and private sectors has almost doubled in the past 10 years.

The Institute for Fiscal Studies, which carried out the research, found that average independent school fees, which stands at around 13,600 per year are over 90 per cent higher than the £7,100 spent on state-school pupils during the current school year.

This compares with a spending gap of just 39 per cent a decade ago.

Researchers discovered that independent school fees have typically increased year on year, by around 20 per cent more than inflation rates. However, schools in the state sector have seen their per-pupil funding fall by around 9 per cent in real terms.

Responding to the report’s findings, Association of School and College Leaders General Secretary, Geoff Barton, said: “It is pretty outrageous that the Government has cut funding in real terms to schools and colleges over the past decade, while independent school fees have increased over the same period.

“The funding gap between the two sectors has always been there of course but the fact it has widened to such a huge extent does stick in the throat.

“Surely the Government should want the same opportunities for all children and young people.

“It may be naive to think that state education funding could match the independent sector, but it surely shouldn’t actually go into reverse.”

Palmers Solicitors’ Director, Luke Morgan, said: “Schools in both the state and independent sector have struggled with the ongoing financial impact of Covid-19.

“It is therefore important to seek advice and practical support from specialist advisors who can provide guidance on a range of measures that will help your school not only survive but also thrive in the long-term.”

At Palmers, our experts are able to assist with: