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HEALTH
& SAFETY MANAGERS ARE THE MOST STRESSED
Health and safety
(H&S) managers - the people charged with measuring and managing
workplace stress - experience more stress and related issues at work
than other staff.
40% of H&S
managers are unable to cope with the demands of their work,
according to a new survey. The poll of 500 H&S managers
also found that only a third felt they could meet the requirements
of their job without regularly working excessive hours. This is 22%
lower than the national average of 55%.
Less than a third
said their organisations were committed to tackling the issue of
work-related stress.
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While two-thirds
(65%) of respondents have a clear idea of what is expected of them
in their job, less than half feel that the people they work with
co-operate to get the work done. Again, this is much lower than the
national average of 80%.
A recent report by
the Work and Pensions select committee recommended that the number
of safety inspectors should be doubled to cut deaths, injuries and
illness at work.
The committee of MPs
backed calls for a £48m expansion plan for the Health and Safety
Executive, which would increase the number of inspectors from 540 to
more than 1,000.
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stress
claims more likely with changes in disability law
More
than 13 million days a year are lost to work-related stress, costing
society about £3.7bn a year. In 2001-02, in excess of half a
million people in the UK experienced stress at levels that made them
ill, according to the HSE.
Forthcoming
changes in the law will make it easier for staff to make legal
claims against employers on the grounds of stress, according to
legal experts.
Under the new Disability Discrimination BilI, it is proposed that
disability discrimination protection be extended to people suffering
from non-clinically recognised mental illness within the workplace.
This would mean claimants would no longer need to prove that their
condition was clinically recognised.
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Individuals are likely to use the disability discrimination laws to
bring stress claims rather than having to rely on the common law
relating to personal injury.
The
head of the employment department at a London based law firm said:
"Stress is one of the most frequently cited complaints in the
workplace, although many people do not realise that stress itself
rarely results in an actionable claim. Employees therefore have to
show that they are additionally suffering from a clinically
recognised illness if they are to be successful.
“The proposed changes are likely to mean that it will be easier
for those suffering from stress to claim under the disability
discrimination legislation,”.
“With
payouts unlimited, employers could face costly claims, and this may
lead to a change in public attitude."
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corporate
killing warning for firms, including small businesses
Companies
are being urged to seek expert advice as pending legislation means
that for the first time it will be possible for a firm to be
convicted of killing by gross carelessness.
Under new legislation due to be introduced in the near future, an
offence of "corporate killing" will be created which,
warns Norwich Union Risk Services, is likely to open the legal
floodgates.
In the past, a company could only be held responsible if an
individual such as a company director was found personally guilty of
involuntary manslaughter – often difficult to prove. The new
category of "corporate killing" will allow a company to be
sued without first needing to establish the guilt of an individual.
The
Training and Consultancy Manager
at Norwich Union Risk Services, said: "It is usually extremely
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difficult to pinpoint
one individual who is the embodiment of the company and prove he or
she is guilty of involuntary manslaughter, particularly within a
large organisation. The new law makes it easier to establish guilt
in relation to a whole company - and easier to bring legal
proceedings against an organisation. This loophole has allowed
tragedies such as the Herald of Free Enterprise disaster, the King's
Cross fire and the Clapham rail crash to escape legal action, even
though a verdict of unlawful killing was returned."
She added: "Small businesses are
equally likely to be brought to trial. We would recommend
that all companies consult a competent person to advise them on how
to control the risks arising from their activities. Risk
assessment is a legal requirement and is a key part of any strategy
to prevent accidents at work. Quite apart from the human
costs, accidents have a major impact on a company's bottom line. A
policy of controlling risks will usually make a company more
competitive." |
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WINTER
& COMPANY HEALTH & SAFETY TRAINING COURSES
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Training
courses are provided on these topics:-
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For
your convenience training sessions are delivered at client's on-site
locations, or at our home training venue at the Law Society, London.
For
further information or to book a training course, email us at training@health-safety.net
or call Eve Horgan Free on 0800 169 1554
For
information on health & safety matters in your office, including
“questions & answers”, see our web site at
www.health-safety.net.
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