HEALTH AND SAFETY Guide - Unite the Union

1 UniteHEALTH AND SAFETYG uide 20145511 H&S Guide Reprint_Layout 1 15/09/2014 16:22 Page 1 Unite HEALTH and SAFETY GuideFirst published July 2011 Reprinted February 2013 with minor revisions (5511) and September 2014 Published by: Unite the UnionGeneral Secretary: Len McCluskeyUnite the UnionUnite House, 128 Theobalds RoadLondon WC1X 8 TNThis book and associated resources is downloadable in pdf format from H&S Guide Reprint_Layout 1 15/09/2014 16:22 Page 2 Contents pageForeword by Unite General Secretary 5 Publisher s Note and Acknowledgements6 List of abbreviations7 Introduction91. SAFETY representatives and SAFETY committees 112. HEALTH and SAFETY legislation (1) HEALTH and SAFETY at Work Act and Regulations173. HEALTH and SAFETY legislation (2) : six regulations in more detail25 Management of HEALTH and SAFETY at Work Regulations 1999 Workplace ( HEALTH , SAFETY and Welfare) Regulations 1992 Control of Asbestos Regulations 2012 Control of Noise at Work Regulations 2005 Control of Substances Hazardous to HEALTH Regulations 2002 Personal Protective Equipment at Work Regulations 1992 4.

2 Inspections, investigations, surveys455. Report! RIDDOR and the accident book516. Enforcement and HEALTH and SAFETY inspectors557. How Unite is organised598. Organising around HEALTH and SAFETY and extending SAFETY reps rights639. Campaigning and networking6910. Bullying, harassment and violence7311. Stress7712. Fix the hazard Don t blame the worker! 7913. Gender sensitive HEALTH and safety8314. Disability and HEALTH and safety8715. Occupational HEALTH and rehabilitation9316. Environmental issues at work9917. Resources and further H&S Guide Reprint_Layout 1 15/09/2014 16:22 Page 12 Unite HEALTH and SAFETY Guide Introductionthis briefing is issued to update members on recenthealth and SAFETY changes, most of which are effectivefrom 1 October briefing highlights changes to legislation toupdate the Unite HEALTH and SAFETY Guide which waslast issued with minor revisions in february currently plans to carry out a full revision of theGuide in 2014 and members are advised to keep acopy of this briefing with their H&S Guide .

3 It is alsoposted on the Unite website alongside the is strongly opposed to deregulation and allweakening of HEALTH and SAFETY legislation and willcontinue to fight further attacks on workers rights andprotections by the tory led coalition attacks on HEALTH and safetyMembers will be aware of the sustained attack by theCoalition government on workers employment rightsincluding HEALTH and SAFETY protection for workers:Hostile rhetoricfrom the Prime Minister and others ingovernment about HEALTH and SAFETY protection being red tape , and a burden on business , pledging to kill off HEALTH and SAFETY culture for good , andattacking facility time for Union representatives,particularly those working in the public cutsto the budgets of the HEALTH and Safetyexecutive and local authority categorising as lower risksome industries,including transport, general manufacturing and servicesectors, which renders them not worthy of proactiveinspection by the self-employed exemption.

4 The governmentplans to amend the HEALTH and SAFETY at Work etc act1974 to exempt an estimated 800,000 self employedpeople whose work activities pose no potential risk ofharm to others from HEALTH and SAFETY legislation at anestimated saving to business of a paltry 300,000 a the government has already taken this action:Weakening legislationsuch as the removal of strictliability from HEALTH and SAFETY regulations, reducingaccident and ill HEALTH reporting requirements andremoving the requirement for the HSe to approvehealth and SAFETY approved codes of practice such asthe code supporting the Management of HEALTH andSafety at Work Regulations 1999 and replacing itwith guidance and weakening other harassmentand violence at work byrepealing the equality act 2010 provisions on thirdparty harassment so that employers will not be liableunder equality legislation for third party harassmentof staff for example, by customers or members of thepublic.

5 These provisions were repealed under theenterprise and Regulatory Reform act 2013 and witheffect from 1 October 2013. Weakening of HEALTH and SAFETY legislationtwo revised HEALTH and SAFETY regulations took effecton 1 October 2013. these are:Reporting of Injuries, diseases and dangerousOccurrences Regulations 2013 (RIddOR 2013)amended HEALTH and SAFETY (first aid) 2013the HEALTH and SAFETY executive (HSe) has formallyimplemented changes to reduce the scope ofmandatory reporting of workplace injuries new regulations include the change which tookeffect on 1 October 2012 when the requirement toreport accidents which result in a worker beingincapacitated for more than three days was changed toseven days. However, the employer must still record over three day and SafetyBriefinglegal and political update5511 H&S Guide Reprint_Layout 1 15/09/2014 16:22 Page 2 1.

6 The additional main changesare significant and areas follows:the classification of major injuries to workers isreplaced with a shorter list of specified injuriesthe previous list of 47 types of industrial diseases isbeing replaced with eight categories of reportablework-related illnessfewer types of dangerous occurrences There are no significant changesto the reportingrequirements for:fatal accidentsaccidents to non-workers (members of the public) 3. Amendment to the SAFETY Representatives andSafety Committees Regulations 1977:RIddOR 2013 also amends the SRSC regulations asfollows:Regulation 6(inspections following notifiableaccidents, occurrences and diseases) has beenamended as follows (additions in red):Reg 6(1)Where there has been an over three dayinjury, a notifiable accident or dangerous occurrencein a workplace or a notifiable disease has beencontracted there [regulation continues].

7 Reg 6(3) In this Regulation notifiable accident ordangerous occurrence and notifiable disease mean any accident, dangerous occurrence or disease,as the case may be, notice of which is required to begiven by virtue of any of the relevant statutoryprovisions within the meaning of section 53(1) ofthe 1974 act, and over three day injury means aninjury required to be recorded in accordance withRegulation 12(1)(b) of the Reporting of Injuries,diseases and dangerous Occurrences RegulationsRegulations informationRIddOR the leaflet: Brief Guide to RIddOR 2013 information about reportable aidthe HEALTH and SAFETY (first aid) Regulations 1981 havebeen amended to remove the requirement for HSe toapprove first aid training and qualifications. the newapproach applies to businesses of all sizes and from Informationthe regulations, and guidance for employers, areavailable on the HSe website of strict liability a further attackon workplace HEALTH and safetyProfessor l fstedt, in his review of HEALTH and SAFETY ,identified potential unfairness that arises in his viewwhere HEALTH and SAFETY at work regulations impose astrict liability on employers, making them legallyresponsible to pay compensation despite having doneall that was reasonable to protect their l fstedt recommended that regulatoryprovisions which impose strict liability should bereviewed.

8 No review took place. Instead the Government, withoutprior consultation, inserted a clause in the enterpriseand Regulatory Reform act 2013 (eRRa). eRRa becamelaw on 1 October 2013. Section 69 of eRRa amendsSection 47 of the HEALTH and SAFETY at Work act effect of Section 69 The government has:Weakened HEALTH and SAFETY legislation by removingstrict liability in HEALTH and SAFETY removed the right of injured people torely upon breaches of HEALTH and SAFETY regulationswhen pursuing a legal claim. an injured person willnow be left to rely solely upon proving his/her claimby reference to common law negligence, which willmake it much more difficult to succeed. UniteHealtH and SafetyBriefing5511 H&S Guide Reprint_Layout 1 15/09/2014 16:22 Page 3 Important advice regarding personal injury claimsMembers should not be deterred by this developmentfrom seeking advice from Unite s solicitors with regardto personal injury claims.

9 If a member requires legal assistance as a result of anaccident at work or being diagnosed with anoccupational disease or any other personal injury theyshould telephone Unite 's panel solicitors directly on0800 709 007 or telephone their local Unite office toobtain direct access to a Unite solicitor more information about legal services please go tothis link on the Unite website: briefing is issued by Unite the Secretary: len McCluskeyUnite House128 theobalds Roadlondon WC1X HEALTH and SAFETY Unit contactsnational HEALTH and SAFETY advisersBud Hudspith Murray HEALTH and SAFETY website resources pages 2014 UniteHealtH and SafetyBriefing5511 H&S Guide Reprint_Layout 1 15/09/2014 16:22 Page representatives are an integral part of Unite sworkplace team this is why organising aroundhealth, SAFETY and welfare issues is a key aspect of thesafety representative s role.

10 As is the ambition toachieve Unite s declared aim to organise, buildsolidarity and heighten our members politicalawareness our three and safe work places not only don t kill, injureor make people unwell but are characterised by goodpay, good conditions and non-alienating good work .They are characterised by high levels of job securitywith no or minimal fear of being pitched onto theunemployment line. As part of the Unite workplaceteam, the SAFETY Rep has a key part to play inimproving membership terms and conditions ofemployment. Organising, building and engagingmembership is of crucial importance in improvingworkplace HEALTH , SAFETY and welfare. And that is ourfirst Union s vision is of a fairer and therefore betterand healthier society and whether we like it or not,politics and political decisions affect almost everyaspect of our lives, within and beyond the demonstrates that HEALTH inequalities insociety are not a consequence of how wealthy asociety is but how equal it is.