Friday, April 1, 2005
5 people are dying per week as a result of their job
The Government published a draft Bill, which will apply to England and Wales, and is aimed at introducing a new offence of corporate manslaughter last week.
It sets out proposals designed to tackle the difficulties that currently arise when prosecuting large corporations for the present offence of manslaughter.
The draft Bill will create a new offence that targets very serious failings in the strategic management of a company’s activities that have resulted in death. The government aim is to focus on wider management failings within an organisation. At present, liability hinges on the conduct of one individual at the very top of a company.
The new offence would cover deaths at work and is linked to the standards required under existing health and safety legislation.
The Bill targets corporate, not individual, liability. The accompanying press release states ‘The criminal liability of individual directors will not be affected by the proposals. Corporate manslaughter is an offence committed by organisations rather than individuals and will therefore carry a penalty of an unlimited fine rather than a custodial sentence.’
Every week an average of five workers are killed at work. Almost all of these are a result of management failures, and all of them are avoidable. These are killings that are caused by employers and it is high time that something was done to bring to account the people who cause these deaths.
At present it is necessary to show a director or senior manager of a organisation is liable. This requires evidence of “gross negligence”, and without that there is no case against a organisation. This means that unless a senior manager can be found guilty of manslaughter a company can get away without facing charges. This is a particular problem with big companies.
The TUC believes that the Government must, either through this Bill or separately, look at the responsibilities of directors. It is not companies that are responsible for killing workers, it is people. Workplace fatalities are avoidable and are usually caused by fundamental health and safety shortcomings throughout the organisation which can properly be laid at the door of the Managing Director, Board of Directors, Chief Executive, etc as appropriate.
We want to avoid scapegoating of front line employees or middle managers, but it is fundamental that criminal liability for management applies not only to the corporate body or undertaking concerned, but also to owners, directors, and very senior personnel who are ultimately responsible for the management failure. We hope that the Government will consider the issue of director’s responsibilities, either as part of the draft Bill, or in a parallel process.
They will be seeking comments on the draft by 19th June 2005.
More
above: Every week an average of five workers are killed at work.
£2 million ‘zero tolerance’ crackdown on dumpers
Details of a £2 million ‘zero tolerance’ crackdown on dumpers who fly-tip and companies that get caught giving them their rubbish have just been unveiled by the Environment Agency.
The campaign, which is being paid for with money earned through Government increases in the landfill tax, is aimed at cracking down on the problem of illegal dumping and fly-tipping right down the waste chain, from businesses that flout the law and turn a blind eye to where their rubbish is going, to the dumpers who are making a profit from an illegal trade.
New figures show that, somewhere in England, rubbish is illegally dumped every 35 seconds and costs local authorities and the Environment Agency around £100 a minute to clear.
Goals include:
- target information to help businesses keep within the law when disposing of their waste, and understand that they can be held responsible if their rubbish ends up dumped
- work with police, local magistrates and local authorities to enforce ‘zero tolerance’ fly-tipping zones
- Employers should use the legislation as an opportunity to address the internal communications needs of their business.
- put the Environment Agency’s database of all those properly authorised to carry waste in England and Wales online
- Advise employees of their legal right to be informed and consulted.
- Discuss with employees their preferred procedures for workplace communication. Employers may wish to set up a Communications Council through which employees can air their views and select representatives to communicate with the employer.
- The employer is not legally obliged to comply with employee demands, and the legislation is not intended to create a medium for collective bargaining. However, they must acknowledge and consider employees’ views before taking action.
From April 2005, the tax on disposing of waste in landfill sites will rise each year, with the extra revenue going back to business through a new Defra managed Business Resource Efficiency and Waste (BREW) fund.
The fund, worth £43million 2005/06, is being distributed to organisations and projects that will help businesses make more efficient use of resources and waste less water, energy and materials. More
Nepalese trade unionists arrested and imprisoned for being trade unionists.
After being refused a meeting with the Nepalese Ambassador to the UK, the TUC has this week reissued its call to the Nepalese Government to release immediately Bhakta B. Karki, Deepak Tamang, Ms Sarita Boon, Ms Gita Pathak and Chandra Bhattari. The trade union leaders who have recently been arrested and imprisoned for nothing other than being trade unionists.
And as part of a global trade union day of action on Nepal, the TUC is calling on the International Labour Organisation in Geneva (the UN arm that deals with the world of work) to condemn the Nepalese government over the imprisonment of trade union leaders and severe restrictions on the operation of trade unions; and calling on the IMF and the World Bank for an immediate halt to all loans and financial assistance to Nepal.
TUC General Secretary Brendan Barber said: ‘Cracking down on trade unions is what dictators always do, regardless of their politics. If the Nepalese authorities want to beat the Maoist guerrillas, then rounding up trade unionists, stopping their meetings and preventing them operating means that the Maoists have already won. Trade unions are an essential element of any democracy, and the King of Nepal should realise that international protests won’t go away until democracy is restored, union rights respected and trade union leaders and others freed.’
Under the pretext of ending the prolonged conflict between the authorities and the Maoist insurgency and tackling corruption and inefficiency, the King has stopped all legitimate trade union activity as part of a broader assault on civil liberties. Several trade unionists, including Laxman Basnet, President of the ICFTU-affiliated NTUC, are on a list of around 1,400 persons targeted for arrest or close surveillance.
As part of the international day of action, MPs are tabling an Early Day Motion in Parliament saying: ‘That this House regrets the suspension of democracy in Nepal and urges the King of Nepal to restore democracy immediately; notes with particular concern the restrictions on free, independent and democratic trade unions and the arrest of many of the leaders of the Nepalese trade union Movement; welcomes the global day of action to protest this situation called by the International Confederation of Free Trade Unions and the World Confederation of Labour; and calls upon the King of Nepal to restore freedom of association and free speech and release forthwith those arrested for their trade union activities.’
The Nepalese Trade Union Congress President, Mr Laxman Basnett — who is a member of the ILO Governing Body and will be pressing the case for a strong condemnation of the Government of Nepal today (Tuesday) — is expected in the UK next week for meetings with the Foreign Office, union leaders and other campaigners.
Companies warned to bin mailshot from fake ‘Health and Safety’ agencies
The Health and Safety Executive (HSE) today urged companies and other organisations to ignore information they receive from three firms purporting to regulate health and safety legislation.
HSE has received hundreds of complaints from companies across the country that have been sent requests for payment in return for compliance with health and safety law.
The three firms, all based in north-west England, have written to companies all over Great Britain asking for between £125 and £249 to ensure they comply with health and safety law.
A Liverpool firm calling itself the Health and Safety Enforcement Agency (HSEA) demands £125 for a health and safety compliance pack. The Manchester-based Health and Safety Compliance Agency (HSCA) says a health and safety compliance register will become law on 1 May and that all businesses should apply for registration, for a fee of £129.25. A third company, the Health and Safety Registration Enforcement Division (HSRED), which gives a Rochdale address, tells recipients to pay up to £249 for health and safety registration.
Anyone receiving literature from any of these companies can ignore it; there is no legal need for anyone to buy literature or services from these companies.
Justin McCracken, HSE’s Deputy Directory General, said: “None of these companies is connected to HSE. Organisations should be very wary of any approach from these firms, or any company ‘offering’ similar services. All three firms use wording suggesting they are official enforcement bodies, but they are not.
“HSE never writes indiscriminately to firms seeking advance payment for services which it has not provided. “These companies are asking for significant sums of money, claiming they will send out information, much of which HSE provides free of charge,” added Mr McCracken. “HSE’s legitimate Health and Safety Starter Pack is available to any business for £30. Not only does the pack cost a lot less than the information provided by these companies, but it is also the real thing.”
HSE is liaising with trading standards offices and the police, who are investigating all three companies.
- More information on The Health and Safety Starter Pack: Health and Safety Advice and Guidance for New and Small Businesses.
- Anyone receiving literature from any of these firms should report it to HSE’s Infoline on 0845 345 0055, or their local HSE office.
- HSE and local authorities (LAs) are responsible for the enforcement of health and safety in Great Britain under the general direction of the Health and Safety Commission (HSC). HSE and LAs work in partnership to secure HSC’s objectives.
Public Equiries: Call HSE’s InfoLine, tel: 0845 345 0055, or write to: HSE Information Services, Caerphilly Business Park, Caerphilly CF83 3GG.
Kami Evans Gives Career Changers The Next Step
Author and consultant, Kami Naraghi Evans, announces the launch of her book, The Next Step. Billed as ‘A Guide to Professional Responsibility’ and available from 29 March, the book gives recent graduates and career changers a wealth of practical advice on how to realise their ideas and achieve success.
In the thought-provoking book, Kami Evans — who has successfully worked in international technology sector management consulting and training since 1995 — shares her experiences and gives examples of how to overcome limitations and fears to achieve a ‘go getting’ lifestyle.
The book gives readers advice on assessing their life, knowing their audience, investing in themselves, managing expectations, learning to fail, dealing with responsibility and authority, building influence, and putting plans into action - amongst other invaluable insights drawing from historical, economic, political, racial, ecological and medical concepts.
Kami Evans, author, comments: “I wrote The Next Step to provide those who are venturing into fresh careers with a guide that tackles all the uncertainties they’re likely to face. My aim is to communicate what to look out for in new businesses and in life.”
She adds: “The world can look rather limited to job changers. However, anything is possible as long as you understand the rules and have a strategy to support your goals and reach for success.”
The business portal, Startups, described The Next Step as ‘a great book for recent graduates and career changers that need a little guidance once entering the unfamiliar and intimidating working world’.
Kami Evans will appear on ITV Meridian’s Focus programme, screened in June 2005, on which she gives her views about the transition from school to working life.
With a RRP of £7.99, The Next Step (ISBN 1412012686) can be bought on Amazon or from Global Investor.
Another compliance obligation
UK companies trail their European neighbours when it comes to consulting with staff over changes to the way they work. Now that’s about to change with the arrival of the EU’s Communication and Consultation Directives on April 6th.
There will be an obligation for employers of 150 people or more to set up a “staff consultative committee”. Only 10% of staff have to request it to force a firm to set up this type of staff council. This means that for the first time some sectors which up until now have been untouched by trade unions will have to listen to the views of its staff.
White collar professions, such as banking — which have in the past gained negative media for their alleged treatment of staff — will be faced with having to listen to and involve staff before strategic decisions such as redundancies and restructuring are reached.
And 74% of you are not aware of this!
Employers Not Ready for New Information & Consultation Legislation
Employees could be more likely to learn of company redundancies through hearsay or the media than from their employer, as new research, commissioned by leading business adviser Croner, reveals that 74 percent of employees are not aware of new rights to be consulted on major employment issues in the workplace.
Furthermore, over three-quarters (76%) of the 790 respondents who took part in the YouGov poll say they would like to have the opportunity to express an opinion about major issues surrounding their employment and the company in which they work.
Andrew Auld, HR development manager at Croner, believes employers aren’t doing enough to make staff aware of their new legal right to be involved in significant workplace changes. They could soon be caught out by the impending Information and Consultation legislation, due 6 April, and facing fines of up to £75,000.*
Croner is advising employers to use the introduction of the new legislation as an opportunity to look at how they can achieve best practice by improving the way they communicate with their employees, which could ultimately lead to a more productive and competitive business.
Auld says that lack of communication within organisations can create a boss/worker divide, and that by setting best practice internal communications standards, companies can actually enhance employees’ commitment and support of the business - and crucially, help meet the requirements of the new legislation.
The new law means that, in certain circumstances, companies will be legally required to communicate with their employees on significant employment issues, such as redundancies or restructuring. But today’s research from Croner reveals that most organisations have a long way to go before they meet its requirements.
Auld says: “Even some of the largest corporates have been criticised for failing to communicate properly with employees on issues as serious as redundancy. But the new Information & Consultation law means they now have a legal right to collectively demand to be involved in such decisions.
“And with our survey revealing the vast majority of employees want the opportunity to air their views, employers are best advised to set up proactive channels of communication whereby staff have an opportunity to collectively express opinions on major company developments, and through which employers can communicate with them.
“Allowing TV or radio to take the place of good HR practice could see the employer facing grave fines, or having their name dragged through the media mud - with potential negative impact on their share price and reputation.”
After 6 April, companies with 150 or more employees must act upon an employee request to be informed and consulted on major employment issues.
The request must be made by at least ten percent of employees in the organisation (subject to a minimum of 15 employees and a maximum of 2,500 employees). The legislation will include companies with 100 or more employees in April 2007, and those with 50 or more employees in April 2008.
Auld says: “From a best practice point of view, it makes good business sense that employers communicate with their staff. There is a strong argument to say that when employees feel involved they will be more productive and dedicated in their work, and more supportive and resilient even if redundancies need to be made.
“Even though the legislation doesn’t yet cover smaller businesses, all employers should view it as an opportunity to put in place effective internal communications, which is a key characteristic of many of the UK’s best performing workplaces.”
Croner is offering more in-depth information and guidance on the legislation in a new report, Information & Consultation, released mid-April. To obtain a copy of the executive summary, call 0208 247 1632.
Croner is providing employers with some practical advice on best practice in workplace communication and the new legislation:
- The new legislation is intended to stamp out unacceptable behaviour towards employees, such as finding out from the media that their job is at risk.
- The best performing companies are successful communicators with their employees. Benefits of creating a good working environment include reduced absenteeism and staff turnover, improved innovation, improved productivity and competitiveness.
- Employers should use the legislation as an opportunity to address the internal communications needs of their business.
- Employers shouldn’t wait for employees to make a request. They should be proactive and engage in dialogue with employees about significant business changes and development. It’s likely that this is already taking place if good internal communication is being practised.
- Advise employees of their legal right to be informed and consulted.
- Discuss with employees their preferred procedures for workplace communication. Employers may wish to set up a Communications Council through which employees can air their views and select representatives to communicate with the employer.
- The employer is not legally obliged to comply with employee demands, and the legislation is not intended to create a medium for collective bargaining. However, they must acknowledge and consider employees’ views before taking action.
*Financial penalties are expected to be rare. Employers have one month to respond to a request. If this is refused, a complaint can be made to the Central Arbitration Committee, which will decide if the employer has broken the law. More
No change in small claims limit
Welcoming the announcement last week from Lord Falconer that he is not to raise the small claims limit for personal injury, TUC General Secretary Brendan Barber said:
“We’re very pleased to hear that the small claims limit for personal injury is not to be increased from £1,000 to £5,000, as had originally been proposed. Any increase would have denied many thousands of workers access to justice and legal compensation or forced people into the arms of ‘no-win, no fee’ companies.”
A series of TUC rights leaflets are available on their website and from the know your rights line 0870 600 4 882. Lines are open every day from 9am-9pm. Calls are charged at the national rate. More
Company Directors Now Liable for Fire Safety Legislations in the Workplace
Company directors are to ensure their businesses fully comply with the new Fire Safety Bill, which is set to come into force on 20 May 2005, or face the consequences. The new legislation has implications for companies from a personnel safety and insurance perspective and companies with at least five employees will be duty-bound to comply with the new regulation.
Under the new Regulatory Reform Fire Safety Order (RRFSO), the ‘person responsible’ for each property will be required to carry out a thorough Risk Assessment, which will need to be monitored and strictly adhered to. If during an annual or spot-check assessment by the Local Fire Authority, the building does not comply with the new standards, not only will liability fall to the director, but fire officers can choose whether they enter building, if called to the scene of a fire.
Existing fire certificates will become void as the new legislation commences and therefore may impact on buildings insurance, which is another consideration, so it is vital steps are taken now to ensure compliance, come 20 May.
As part of the introduction of the new Fire Safety Bill, Elmoore Property Management is offering businesses a one-day fire safety consultation and preliminary buildings audit for £250. Training courses are also available on the fire safety requirements, and how to undertake in-house risk assessments.
For more information, please contact Elmoore on 01420476329 More
Choose which EU law you follow?
The TUC has called for the EU to take the Services Directive ‘back to the drawing board’
Speaking to a European Trade Union Confederation demonstration in Brussels, TUC General Secretary Brendan Barber said: ‘The game’s up for the Services Directive in its current form. Rather than draw out the slow death of the Directive, the Commission must accept the inevitable and go back to the drawing board. The people of Europe didn’t sign up to the EU for wages to fall, health services to go private or workplace protections to disappear. The EU’s job is to help us survive and thrive in a global economy.
‘Unions can support the free market, but only if it’s fair, too. That’s why we want a social and environmental Europe as well as a common market. The Services Directive would fire the starting gun on a race to the bottom. It would create flags of convenience across the whole of Europe, in every part of the service sector. It would undermine the very point of the European social model.’
The ETUC demonstration will bring trade unionists from all over the European Union together in Brussels to demonstrate for a social Europe and against the Services Directive which, while aiming to remove obstacles to the trade in services, would mean that companies could effectively choose which country’s laws to follow and whose enforcement regime to abide by. More
The Best of British Customer Service goes on display at Disney World, Florida
Stevenage businessman and creator of The wow! Awards, Derek Williams, is set to tell the world about the Best of British Customer Service at the Disney World Swan Hotel on 5th of April.
‘This may seem a little like selling coals to Newcastle!’ says Derek. ‘But the UK has some fabulous examples of truly amazing customer service. And it’s about time that we started to publicise it.’
Derek’s feelings run strong. ‘Only 21% of Americans hold a passport! That means at least 79% have never visited the UK. Tourism from America and the rest of the world represents a huge opportunity for the UK. We have to continue raising our standards and letting the world know about it!’
The Society of Consumer Affairs Professionals symposium is being held at the very heart of Disney World, Florida, in the Swan Hotel from 3rd to 6th of April 2005. This international gathering of more than 400 customer care executives will be sharing and defining best practice from around the world.
Derek’s personal mission is to raise standards of customer service in the UK to the point that visitors from Florida say, ‘WOW! Have you seen what a great job the Brits are doing!’ More
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