Saturday, October 21, 2006

21 October 2006 - Department of Health Report aims to Deliver Better Wheelchair Services

21 October 2006 - Department of Health Report aims to Deliver Better Wheelchair Services

A new document published by they Department for Health has been published which provides an overview of the current state of wheelchair provision. It makes recommendations on how the NHS, working with partners, can improve outcomes for wheelchairs users.

The document - Out and About: Wheelchairs as part of a whole systems approach to independence - has been welcomed by the Care Services Minister, Ivan Lewis.

The document contains key recommendations which will help with the development of a new model for delivery for wheelchair services and they include:

  • Benchmarking of services to ensure all users receive the same high standard
  • Promotion of voucher schemes so wheelchair users can exercise more choice

Ivan Lewis commented:

"Wheelchairs provide a significant gateway to independence, promoting well-being and quality of life for thousands of adults and children.

"We want to move to a position where wheelchair services are more flexible and responsive to individual need."

Sam Gallop, double amputee Advisor to the Associate Parliamentary Limb Loss Group and Chair of emPOWER said:

"This welcome consultative report rightly raises the profile of our wheelchair services and the many accomplished and compassionate health professionals and healthcare organisations involved. I believe that the Department and the Minister, in collaboration with users, will rapidly move forward and open new doors to independent living."

The report can be found on the Department for Health's website by clicking the following link:

Out and about - Wheelchairs as part of a whole systems approach to independence

21 October 2006 - Remember Remember Fireworks Safety

21 October 2006 - Remember Remember Fireworks Safety

The fireworks season is almost upon us once again and with it comes the many heartbreaking accidents, maiming and killing of family and friends on what is supposed to be a happy time.

We all love the surge of excitement within, as the sky lights up with the beauty of the coloured twinkling starry fireworks, so please enjoy bonfire night, but do it with safety as your first priority.

Please click on the HSE webpage link below, which is full of simple safety advice, for a firework night to remember and remember with laughter instead of sadness.

HSE website: Fireworks

Article by Alexandra Johnston

21 October 2006 - Approval of CDM Regulations

21 October 2006 - Approval of CDM Regulations

Approval, from the Health and Safety Commission (HSC), of the proposed revised Construction (Design and Management) (CDM) Regulations and Approved Code of Practice (ACoP) to be formally submitted to the Minister was announced, following a meeting of the members this week.

The Regulations will revise and bring together provisions in the existing CDM Regulations 1994 and the Construction (Health Safety and Welfare) Regulations 1996 into a single regulatory package.

Members discussed concerns from SME's and noted that the Regulations did not impose any new duties upon stakeholders. The new Regulations merely clarify what stakeholders should be doing already under the Health and Safety at Work etc Act 1974 (HSWA) and the Management of Health and Safety at Work Regulations 1999.

However, clear simple guidelines are being developed to assist SME's, in a bid to alleviate concerns and misconceptions and the HSE will report back to the HSC in January 2007 with a progress report on the issues raised.

Following the meeting, Mr. Richard Boland, Head of Construction Policy, said:

''I am delighted that the revised regulatory package has been approved by the Commission. We remain on target for the Regulations coming into force in April next year.

"Over the last four years we have worked in partnership with the industry to simplify and add clarity to construction health and safety law so that risks on site can be properly managed.

"We will continue to work together to make sure that the new provisions and ACoP improve standards of health and safety management in our industry."

The meeting discussion paper can be accessed from the HSE webpage, by clicking the following:

HSE - Agendas, Papers and Minutes

Further information on the HSE's Construction Division can be accessed from their webpage by clicking the following:

HSE Construction homepage

Article by Alexandra Johnston

21 October 2006 - HSC HSE Paperwork Simplification Plan

21 October 2006 - HSC HSE Paperwork Simplification Plan

The Health and Safety Commission (HSC) and Health and Safety Executive (HSE), as part of their commitment to assist businesses by reducing costs of paperwork whilst maintaining or improving health and safety policies, have published their simplification plan.

The main focus of the plan is to cut the health and safety paperwork costs associated with compliance to legislation, in order that businesses can focus more attention on maintaining or improving their health and safety standards.

Lord Hunt of Kings Heath, Minister for health and safety, said of the plan:

"This is an excellent way forward for health and safety. I believe that HSC/E has prepared a robust, challenging plan, balancing both administrative burden reduction and wider better regulation initiatives.

"The plan outlines its commitment to delivering real and significant reductions in the costs to business of compliance with legislation. It aims to maintain or improve health and safety outcomes, while reducing costs of unnecessary paperwork to duty holders."

This is the first year of the plan which has focused on key elements affecting the largest number of employers and includes the following:

  • Sensible risk management - simplifying HSE guidance to and encourage a proportionate approach to risk assessment and management.
  • Gas Safety Review - a review of the current regulatory regime, to improve and modernise the system on a risk and evidence basis.
  • Forms-projects to reduce the number and burden of HSE forms by stripping out all out-of-date forms and providing electronic versions of all those remaining.

The simplification plan will be monitored, developed and updated by the HSE over the next four years and they will be reporting on progress.

Continued development of the plan will be enhanced by stakeholders providing feedback, ideas or suggestions to the HSC/HSE, who will be only too pleased to assess for new simplification initiatives which may enhance the current plan.

Dr Janet Asherson, Head of Health and Safety at the CBI said:

"CBI supports the removal of unnecessary administrative and bureaucratic burdens on business and welcomes the Health and Safety Executive contribution to the overall Government Better Regulation Initiative.

"The hard work put into this simplification plan will pay off when businesses notice the difference resulting from the actions it outlines."

Hugh Robertson, Senior Health and Safety Officer at the TUC said:

"The TUC has always supported strong effective regulation. However if regulation can be simplified without reducing the level of protection it affords, that is in the interests of employees, employers and regulators.

"We believe the HSE/C have recognised this in their simplification plan which stresses that good regulation must be fit for purpose and effective."

Hilary Armstrong and Pat McFadden jointly provided a Ministerial statement on the HSC/HSE Simplification Plan as follows:

"Better regulation is vital to the continued economic success of the country. Britain is already one of the best places to do business, but to be the best we need to find more effective ways of easing unnecessary burdens.

"The Health and Safety Executive has made an excellent start today towards ensuring employees remain protected but not at the expense of organisations being over regulated. It is the first to publish its plan and it has not shied away from committing to an ambitious programme of regulatory reform."

The HSC/HSE Simplification Plan can be accessed from the HSC/E Webpage by clicking the following:

HSE - Simplification plan

Article by Alexandra Johnston

21 October 2006 - HSC HSE Paperwork Simplification Plan

21 October 2006 - HSC HSE Paperwork Simplification Plan

The Health and Safety Commission (HSC) and Health and Safety Executive (HSE), as part of their commitment to assist businesses by reducing costs of paperwork whilst maintaining or improving health and safety policies, have published their simplification plan.

The main focus of the plan is to cut the health and safety paperwork costs associated with compliance to legislation, in order that businesses can focus more attention on maintaining or improving their health and safety standards.

Lord Hunt of Kings Heath, Minister for health and safety, said of the plan:

"This is an excellent way forward for health and safety. I believe that HSC/E has prepared a robust, challenging plan, balancing both administrative burden reduction and wider better regulation initiatives.

"The plan outlines its commitment to delivering real and significant reductions in the costs to business of compliance with legislation. It aims to maintain or improve health and safety outcomes, while reducing costs of unnecessary paperwork to duty holders."

This is the first year of the plan which has focused on key elements affecting the largest number of employers and includes the following:

  • Sensible risk management - simplifying HSE guidance to and encourage a proportionate approach to risk assessment and management.
  • Gas Safety Review - a review of the current regulatory regime, to improve and modernise the system on a risk and evidence basis.
  • Forms-projects to reduce the number and burden of HSE forms by stripping out all out-of-date forms and providing electronic versions of all those remaining.

The simplification plan will be monitored, developed and updated by the HSE over the next four years and they will be reporting on progress.

Continued development of the plan will be enhanced by stakeholders providing feedback, ideas or suggestions to the HSC/HSE, who will be only too pleased to assess for new simplification initiatives which may enhance the current plan.

Dr Janet Asherson, Head of Health and Safety at the CBI said:

"CBI supports the removal of unnecessary administrative and bureaucratic burdens on business and welcomes the Health and Safety Executive contribution to the overall Government Better Regulation Initiative.

"The hard work put into this simplification plan will pay off when businesses notice the difference resulting from the actions it outlines."

Hugh Robertson, Senior Health and Safety Officer at the TUC said:

"The TUC has always supported strong effective regulation. However if regulation can be simplified without reducing the level of protection it affords, that is in the interests of employees, employers and regulators.

"We believe the HSE/C have recognised this in their simplification plan which stresses that good regulation must be fit for purpose and effective."

Hilary Armstrong and Pat McFadden jointly provided a Ministerial statement on the HSC/HSE Simplification Plan as follows:

"Better regulation is vital to the continued economic success of the country. Britain is already one of the best places to do business, but to be the best we need to find more effective ways of easing unnecessary burdens.

"The Health and Safety Executive has made an excellent start today towards ensuring employees remain protected but not at the expense of organisations being over regulated. It is the first to publish its plan and it has not shied away from committing to an ambitious programme of regulatory reform."

The HSC/HSE Simplification Plan can be accessed from the HSC/E Webpage by clicking the following:

HSE - Simplification plan

Article by Alexandra Johnston

18 October 2006 - HSE Issues Safety Alert on use of Tower Cranes

18 October 2006 - HSE Issues Safety Alert on use of Tower Cranes

The Health and Safety Executive (HSE) has issued a safety alert document on the use of tower cranes in the construction industry. The alert aims to remind people who are working on projects where tower cranes are in use of the importance of the safe erection, operation, maintenance and dismantling of these types of cranes. The alert has been issued due to a number of serious incidents involving tower cranes in recent years.

You can read the document by clicking the following link: Safety alert on the use of tower cranes

13 October 2006 - DRC Publishes Guidance on Disability Equality Duty

13 October 2006 - DRC Publishes Guidance on Disability Equality Duty

From 4 December 2006 The Disability Discrimination Act (DDA) 1995 places a duty on all public bodies to promote disability equality. This will affect all public bodies from local councils to government departments, to universities and hospitals.

The Disability Equality Duty (DED) will require the public sector to actively promote disability equality and is a positive duty which builds in disability equality at the beginning of the process, rather than make adjustments at the end.

The DED has two components:

  • General Duty Component - applies to all bodies carrying out a public function
  • Specific Duty Component - is there to help listed public bodies carry out their General Duty.

The new duty requires public authorities to:

  • Eliminate unlawful discrimination.
  • Promote equal opportunities.
  • Eliminate disability related harassment.
  • Promote positive attitudes towards disabled persons.
  • Encourage participation by disabled persons in public life.
  • Take steps to meet disabled peoples needs, even if this requires more favourable treatment.

The Specific Duty sets out what public bodies should do to plan, deliver and evaluate action to eliminate discrimination. They should also promote equality and report on the activity which they undertake which should be set out in a Disability Equality Scheme (DES).

A DES sets out how a public body intends to address the strands contained in the new DED and must be supported by an action plan.

These schemes and action plans should:

  • Identify the barriers faced by disabled people.
  • Set priorities for action plans.
  • Assist planning activity.
  • Assess the impact of existing and proposed policies and monitor the success of initiatives undertaken.
  • Review and revise the Scheme.

Bert Massie, Disability Rights Commission Chairman commented:

"The Disability Equality Duty is a new way for public authorities to tackle disability discrimination in a practical way by introducing policies that actively promote opportunities and so prevent discrimination taking place. By taking an organisation-wide approach you can achieve tangible outcomes and improvements for disabled people. It will need the personal commitment from the top of your organisation and will make a real, positive change to your employees and service users."

The Disability Rights Commission (DRC) has recently published guidance and information to support public authorities, disabled people and disabled people's organisations when implementing this new duty.

The guidance can be accessed by clicking the following link:

Disability Equality Duty - The DRC

Friday, October 13, 2006

13 October 2006 - Free Better Backs Event at Grantham

13 October 2006 - Free Better Backs Event at Grantham

A free event as part of the Health and Safety Executive's (HSE) national initiative, Better Backs, has been organised by the HSE and South Kesteven District Council. The event will take place on Tuesday 17 October from 8.00am at Jacksons Builders Merchants, South Parade, Grantham.

The event aims to encourage workers and managers of construction businesses in Lincolnshire to be aware of risky manual handling, how to reduce it, how to help people with bad backs get back to work, and further information on the best way to prevent back pain.

Samantha Peace, HSE Principal Inspector commented:

"I am delighted that Jackson's Builders Merchants are supporting local business and I would encourage any small and medium sized businesses in the construction industry to take up this offer of free information and advice in an informal setting.

"It's estimated that around 34,000 people across the East Midlands currently suffer from back pain caused or made worse by work, but many are suffering unnecessarily, or even making their condition worse.

"This event will give employers the chance to find out how to work together with their employees to manage the risks and overcome the impact of back pain on individuals and businesses, provide information on simple, cost-effective solutions to reduce the risk of back pain, as well as advice about rehabilitation and managing return to work."

Quick facts on back pain:

  • Back pain will affect 80% of us at some point in our lives.
  • One in six working days lost in the UK is due to back pain.
  • In 2004/05 an estimated 452 000 people in Great Britain suffered, in their opinion, from a musculoskeletal disorder mainly affecting the back that was caused or made worse by their current or past work.
  • It is estimated that 4.5 million working days (full-day equivalent) were lost in the previous 12 months due to work-related musculoskeletal disorders which mainly affected the back. Each person suffering from such a condition took an estimated 17.4 days off work on average in this period.
  • The charity BackCare estimates that back pain costs the NHS, business and the economy over £5 billion a year.

  • It is estimated that 34,000 people across the East Midlands currently suffer from back pain caused or made worse by work.
  • Most of us have back pain at some time. Usually the pain is not due to anything serious. If treated correctly it can disappear within a matter of days or weeks. Those who experience severe pain, those worried about their back pain or those for whom the pain persists or suddenly gets worse, should see a doctor. When the back is painful, activity may be limited for a short time but that does not necessarily mean that continuing to stay active, or at work, will do any harm.
  • In the past, the accepted response to back pain was bed rest. Evidence now shows that rest does not help recovery.
  • Trying to reduce the pain by avoiding activity can lead to a much longer recovery time and possibly long-term back pain. It is much better to keep to normal levels of day-to-day activity.

HSE - Better Backs campaign

BackCare, the Charity for Healthier Backs

12 October 2006 - New Government Agency to Champion the Natural Environment

12 October 2006 - New Government Agency to Champion the Natural Environment

A new and powerful government agency has been launched which has been created to champion the natural environment. Natural England has announced four major new campaigns which aim to inspire, motivate and engage people across England.

Natural England was established by the Natural Environment and Rural Communities Act 2006. Its purpose is to ensure that the natural environment is conserved, enhanced and managed for the benefit of present and future generations, thereby contributing to sustainable development.

Amongst its responsibilities, it has, for the first time, responsibility for protecting and enhancing biodiversity and landscapes, as well as promoting greater access and recreation. Other responsibilities include the provision of incentives to farmers and land managers to help them manage their land in a more environmentally friendly way; and will also be a key regulator and the government’s independent watchdog.

The four campaigns are:

  • Climate Change
  • Health
  • Sustainable Land Management
  • Marine

The campaigns will be launched over the next two months with targets including the establishment of a network of marine protected areas by 2012 and championing the provision of accessible green space within five minutes walk of every home.

Natural England's headquarters are based in Sheffield and has been formed by bringing together English Nature, the landscape, access and recreation elements of the Countryside Agency and the environmental land management functions of the Rural Development Service. It has a budget of £500 million and employs 2500 people.

Sir Martin Doughty, Chair of Natural England commented:

“The creation of Natural England is a landmark moment for the natural environment. No other organisation in Europe matches the breadth of our legislative remit, and the scale of our challenge. By uniting responsibility for landscapes and biodiversity, Natural England will be working to build resilience into our natural systems in the face of climate change.”

Helen Phillips, Chief Executive of Natural England commented:

“Natural England is about four things: having a healthy natural environment, people’s enjoyment of the natural environment, sustainable use of our natural resources and a secure environmental future. We will be about the urban as well as rural environment and as much about tomorrow as we are about today.”

Natural England's website can be accessed by clicking the following link: Natural England

Details of Natural England’s four campaigns can be found by clicking the following link: Campaigns - Natural England

11 October 2006 - Review of HSE CHaPSI Tool

11 October 2006 - Review of HSE CHaPSI Tool

A review of the Health and Safety Executive's (HSE's) voluntary Corporate Health and Safety Performance Indicator (CHaSPI), launched in July 2005, has been undertaken by Greenstreet Berman Ltd/Enable Infomatrix Ltd. and a report has been published outlining recommendations for further improvements to the web-based tool.

The CHaSPI measuring tool, which uses qualitative and quantitative data, was introduced to assist large organisations with over 250 employees to measure effectiveness of their internal controls over their own health and safety performance.

The aim of the tool was to encourage and help organisations improve their health and safety performance beyond the legal minimum.

Some of the recommendations for further improvements are as follows:

  • Alternative Injury Rate schemes, with a number of different calculations depending on whether a user selects between UK and US injury reporting standard.
  • A low-risk organisation version to determine if an alternative question set would have more validity and predictive power for these companies.
  • Merging the occupational health and the health and safety management indicators together.

The background and CHaPSI tool can be viewed from the HSE Website by clicking the following:

How does your business measure up?

Article by Alexandra Johnston

13 October 2006 - HSfB Site News

Site News

11 October 2006

Tuesday, October 10, 2006

10 October 2006 - HSfB Site News

Site News

10 October 2006

10 October 2006 - HSE Launches REACH Helpdesk to Support UK Businesses

10 October 2006 - HSE Launches REACH Helpdesk to Support UK Businesses

The Health and Safety Executive (HSE) has launched a helpdesk to support UK business in the run-up to the Registration, Evaluation and Authorisation of CHemicals (REACH) regulations which is expected to undergo its second reading in the European Parliament this autumn and could enter into force in April 2007.

REACH aims to address a number of serious short-comings in the current legislation, which include:

  • the lack of available information on risks to human health and the environment for the majority of chemical substances on the EU market
  • the slow and resource-intensive nature of the current system
  • transferring the responsibility for the assessment of chemicals from the regulatory authorities to industry
  • the distortions of the internal market inherent in the current fragmented legislative regime

The Regulation requires Member States to set up a Competent Authority (CA) which will be tasked to the HSE to fulfil a number of tasks including:

  • Provide a Helpdesk for (national) duty holders and other stakeholders under REACH
  • Enforce compliance with Registration, at least reactively in response to whistle-blowing
  • Evaluate substances and suggest to relevant EU REACH committees appropriate regulatory consequences (eg Classification & Labelling, restrictions on use)
  • Nominate candidates to sit on the various EU REACH decision-making committees and provide support for such people in their performing of such roles
  • Liaise as appropriate with relevant enforcing organisations in relation to "downstream" responsibilities under REACH, eg the implementation by users of the risk management measures designated by suppliers; the adherence to restrictions or Authorisation

The legally designated CA will be the Secretary of State in England, Minister for Scotland, Minister for Wales and relevant Minister for Northern Ireland who will then together delegate the functions to the HSE. Their representative departments will then support the HSE as the CA.

Jeff Rooker, Minister with responsibility for REACH policy commented:

"I am pleased to announce that together with my counterparts in Wales, Scotland and Northern Ireland, I have asked the Health and Safety Executive (HSE) to take on the responsibilities of UK Competent Authority for the proposed new EU chemicals legislation REACH (Registration, Evaluation and Authorisation of CHemicals) and that they will today be launching a helpdesk for UK business.

"The Competent Authority will provide advice and support to UK business for dealing with the requirements of REACH, liaise with the new European Chemicals Agency in Helsinki and coordinate enforcement of the regulations in the UK."

The helpdesk will initially provide information and advice to enquirers on REACH from the perspective of the developing Competent Authority and can be contacted on 0845 408 9575 or UKREACHCA@hse.gsi.gov.uk

10 October 2006 - HSE Better Backs Campaign - HSE Present Bäackpain

10 October 2006 - HSE Better Backs Campaign - HSE Present Bäackpain

The Health and Safety Executive (HSE) has launched it's new website aimed at reducing back pain at work as part of the 'Better Backs' campaign. The new website uses a different approach to any usual HSE campaign.

The British rock band, Bäackpain has been created by the HSE to highlight various methods of reducing back pain at work and to deliver the various statistics surrounding back pain and musculoskeletal injuries such as:

  • 2 million people in Great Britain suffered from work related ill health in 2004/05 - one in five of those involved a bad back
  • Around 4½ million working days were lost through bad backs in 2001/02. On average each sufferer took 17.4 days off in that 12 month period
  • At least 5 million adults consult their GP annually about back pain
  • NHS physiotherapy costs are estimated at £150.6 m
  • One in eight unemployed people say that back pain is the reason they're not working

Bäackpain consists of Kylie Crouch (vocals), David Bent (bass), Stoop Williams (drums), and Ben Yorney (guitar).

The new website can be found by clicking the following link: Better Backs - Bäackpain

Saturday, October 07, 2006

7 October 2006 - HSfB Site News

Site News

7 October 2006

7 October 2006 - HSfB Site News

Site News

5 October 2006

2 October 2006

1 October 2006

September 2006 Site News Archive

September 2006 Site News Archive

28 September 2006

  • Discussion forums now have a giant blue button which links directly back to the home page of HSfB.
  • The Legislation News pages have been updated where you can read more on the following:

24 September 2006

18 September 2006

17 September 2006

3 September 2006

August 2006 Site News Archive

August 2006 Site News Archive

20 August 2006

  • Our Downloads pages have been upgraded to make it easier to navigate. You will now see individual categories which will contain downloads relating to that category. This should hopefully speed up our pages and help you find what you are looking for much more easily. If you have any comments or feedback on this, please don't hesitate to Contact Us
  • A new download has been added to the Downloads section.

16 August 2006

14 August 2006

7 October 2006 - TUC Urges Employers to be 'Sensible' Regarding Upcoming Smoking Ban

7 October 2006 - TUC Urges Employers to be 'Sensible' Regarding Upcoming Smoking Ban

The Trades Union Congress (TUC) is urging employers not to wait until next summer before banning smoking in their workplaces. The TUC have published a new guide - 'Negotiating smoke-free workplaces' - in which it says that 'rather than put off the inevitable for a few months, employers should be sitting down now with employees to work out the most sensible ways of implementing the new smoke-free regulations.'

The guide also says that 'around a quarter of all employees smoke. Most workers are already employed in factories, shops and offices that are free from tobacco smoke, but some two million work in establishments where smoking is still permitted everywhere, and another ten million where smoking is allowed somewhere on the premises.'

The guide identifies the need for a smoking policy in every workplace, compiled through consultation with staff which will offer help for smokers who want to give up. The smoking policy should also cover what happens to smokers who persistently breach the ban as well as what breaks will be available for staff who will soon have to go outside to light up.

TUC General Secretary Brendan Barber commented:

"For every month that employers wait to introduce a ban more employees will die or become seriously ill as a result of second-hand smoke at work.

'With around 700 workers dying every year from smoking-related diseases caused by passive smoking at work, there is no sensible reason why employers can't be sitting down with staff now to talk about how the ban will happen and how to make every workplace a safer, healthier place to be.
"

The guide - Negotiating smoke-free workplaces - can be found by clicking the following link: Trades Union Congress - negotiating smoke-free workplaces - a guide for union representatives

6 October 2006 - HSE Latest Research Reports

6 October 2006 - HSE Latest Research Reports

The Health and Safety Executive (HSE) have produced the following research reports, which can be accessed from their webpage by clicking the relevant link:

The HSE have also produced the following free leaflets, in pdf format, which can be accessed by clicking the relevant link:

An HSE Webpage containing COSHH guidance publications can be accessed by clicking the following:

Article by Alexandra Johnston

6 October 2006 - DRC Figures Show Employers Still Discriminating

6 October 2006 - DRC Figures Show Employers Still Discriminating

Figures from the Disability Rights Commission (DRC) show that employers are still discriminating against workers with long-term disabilities and cancer despite the Disability Discrimination Act (DDA) 1995 introduced in December 2005.

The amendment to the DDA 1995 was introduced to ensure that anyone having cancer, HIV or multiple sclerosis, from the point of diagnosis, would now be protected under legislation against discrimination by employers.

Prior to the DDA amendment in 2005, employers could dismiss workers with cancer or long-term health conditions, with the implication that their condition could affect their ability to carry out normal day to day work activities.

However, figures from the Disability Rights Commission’s (DRC’s) helpline show that discrimination against cancer sufferers still remains amongst some employers.

Since December 2005, the DRC on average have taken calls of unfair dismissal from cancer sufferers as follows:

  • An average of 2 calls each week from women with breast cancer:
  • Totalling more than 70 women with breast cancer complaining of unfair dismissal.
  • 103 people with other forms of cancer have also called the DRC Helpline complaining of problems with their employers.

Some of the experiences of women discriminated against due to breast cancer include the following:

  • A woman working for a major high street retailer dismissed because she was not able to give a date to return to work after her radiotherapy treatment finished.
  • A care assistant in a residential home wanting to return to work after having breast cancer but instead being asked to resign and subsequently receiving her P45 in the post.
  • A woman who worked for a security firm for 19 years being told she was a “bad investment” because she needed more time off for reconstructive surgery.

The DRC helpline also received callers suffering from other types of cancers. These figures are as follows:

  • 82% cited employers failing to make reasonable adjustments that would keep them in work.
  • Almost one in five callers reported having been dismissed.
  • 13% complained of facing threats of dismissal.
  • Almost 6% were facing disciplinary action.

Under the DDA 1995, employers must comply by not treating a disabled person or a person with long-term health condition unfairly because of their disability. Employers are also required to make "reasonable adjustments" such as the following:

  • Provide additional support that is considered necessary to enable a disabled employee to carry out their work.
  • For workers with cancer, "reasonable adjustments" may include flexible working, alterations to working hours and time off for medical treatment.

Agnes Fletcher, Assistant Director of Communications at the DRC said:

“Despite changes in the law to protect people with cancer and long-term health conditions from unfair treatment at work, many employers still haven’t got the message.

"Direct discrimination and failures to make adjustments is turning the world of work into a very hostile environment for workers with these disabilities.

“We cannot tolerate people with cancer and long-term health conditions being prevented from making their contribution to the workplace.

"There are many employers who are meeting their duties under the law and demonstrating good practice and many disabled people playing their part in successful organisations.”

Further information on the DDA can be accessed from the DRC Website by clicking the following:

DDA and related statutes - The DRC

Article by Alexandra Johnston

2 October 2006 - HSE Becomes Sole Electricity Safety Watchdog

2 October 2006 - HSE Becomes Sole Electricity Safety Watchdog

Following the transfer of part of the Department for Trade and Industry (DTI) Engineering Inspectorate, the Health and Safety Executive (HSE) is to become the sole regulator for all safety issues associated with electricity transmission and distribution.

In 2004, the Chancellor asked Philip Hampton, Chairman of J Sainsbury plc, to lead a review into regulatory inspection and enforcement. The aim was to reduce the administrative cost of regulation to the minimum consistent with maintaining the UK's excellent regulatory outcomes. Hampton's report, 'Reducing administrative burdens: Effective inspection and enforcement', published in March 2005, included recommendations for the HSE's role to expand to take in a number of other regulatory bodies, including the Engineering Inspectorate (EI).

The report can be viewed at : http://www.hm-treasury.gov.uk/hampton

The HSE and DTI have agreed that this recommendation is best achieved by HSE taking on the Engineering Inspectorate's public safety role with respect to the electricity transmission and distribution industry.

Initially the transfer will be achieved through an agency agreement with permanent transfer following a Regulatory Reform Order under the Legislative and Regulatory Reform Bill, which is expected to be enacted later this year.

Lord Hunt of Kings Heath, minister for health and safety commented:

"The transfer shows the continuing commitment to the principles of better regulation set out in last years Hampton report, it ensures that safety remains paramount whilst simplifying matters for industry by ensuring that there will now be only one safety regulator to report incidents or injuries to."

2 October 2006 - Falkirk Stadium to hold Machinery Safety and Standards Seminar

2 October 2006 - Falkirk Stadium to hold Machinery Safety and Standards Seminar

An event is being organised at The Falkirk Stadium by Pilz and Alex Nangle Limited which is aimed at people with an interest in, or who have responsibility for, machinery safety to provide an update on machinery safety legislation and standards. The Health and Safety Executive's John Madden, HM Principal Specialist Inspector, will give a presentation at the event.

The event will take place on 25 October 2006 and further information and booking forms are available from david@nangle.co.uk.

2 October 2006 - HSE Website on New CDM Regulations

2 October 2006 - HSE Website on New CDM Regulations

The Construction (Design and Management) (CDM) Regulations 1994 are being revised and are expected to come into force in April 2007. The Health and Safety Executive's website has been created to provide as much information as possible on the changes.

The new website area can be found by clicking the following link:

New Construction (Design and Management) Regulations

1 October 2006 - Age Discrimination in the Workplace Outlawed from Today

1 October 2006 - Age Discrimination in the Workplace Outlawed from Today

As from today, Sunday 1 October 2006, The Employment Equality (Age) Regulations 2006 will protect workers of all ages from discrimination in the work place by giving important new rights and responsibilities to every employee and business in Britain.

The Regulations outlaw unjustified age discrimination in employment and vocational training. They apply to all individuals in work or seeking work or access to training, to all employers, and to all providers of vocational guidance. The regulations include a number of exemptions such as, in relation to retirement and service related benefits, and provide for other differences of treatment if they can be objectively justified.

The Regulations prohibit direct discrimination, indirect discrimination, victimisation, instructions to discriminate and harassment. Further details of which can be found on our Legislation News pages by clicking the following link:

The Employment Equality (Age) Regulations 2006

Trade and Industry Secretary, Alistair Darling commented:

"Ageism is discrimination, pure and simple and we're putting a stop to it. From today it will be against the law for workers to miss out on recruitment, promotion or training because of prejudice about their age.

" As a country we are getting older. In 15 years, the over-50s will make up more than a third of the population. Casting a whole generation to one side makes no sense. The individual loses, the company loses and the economy loses a wealth of talent and experience. What matters is the person, their skills and abilities not their birth certificate.

"We are determined to create an economy where the best person for the job is the best person. These measures will help deliver that."

The regulations (which will not affect the age at which people can claim their state pension) will:

  • End age discrimination in terms of recruitment, promotion and training
  • Ban unjustified retirement ages of below 65
  • Remove the current age limits for unfair dismissal and redundancy rights

They will also introduce:

  • A right for employees to request working beyond retirement age and a duty on employers to consider that request
  • A new requirement for employers to give at least six months notice to employees about their intended retirement date so that individuals can plan better for retirement, and be confident that "retirement" is not being used as cover for unfair dismissal.

1 October 2006 - Fire Safety Law Guidance for Businesses

1 October 2006 - Fire Safety Law Guidance for Businesses

New fire safety rules affecting all non-domestic premises in England and Wales are now in force from today, 1 October 2006.

A set of guides has been developed by the Department for Communities and Local Government (DCLG) on how to comply with fire safety law, help with carrying out a fire risk assessment and how to identify the general fire precautions that need to be in place.

The Minister responsible for the fire and rescue service, Angela Smith, commented:

“Risk assessment is a process that should be familiar to all businesses and the self-employed across England and Wales. These new rules will remove burdens from business - replacing over 70 separate pieces of fire safety legislation with a single reform.

“If your premises complies with current fire safety regulations, then the major difference you will notice is that new rules are cheaper and easier to follow especially as, in most cases, you will now been dealing with one regime and one enforcer.”

CFO Iain Cox, chairman of the Chief Fire Officers Association National Fire Safety Committee, commented:

“Compliance with the new Order should be straightforward for those businesses that meet the existing standards. All employers and others who have a responsibility for fire safety are urged to check their procedures by using the self assessment available on the Fire Gateway website (www.fire.gov.uk).

“Fire and Rescue Services will be carrying out audits to check compliance and where standards are not acceptable they will work with the responsible person to identify a suitable solution.

“Formal enforcement action using notices or the courts is very much the option of last resort other than in the most serious of cases.

“Our over-riding aim is to reduce the numbers of fires, the number of people killed and injured and the risk to business from fire.”

The guides can be found on the DCLG website by clicking the following link: Fire safety law and guidance documents for business - Department for Communities and Local Government

1 October 2006 - New Gangmaster Law Now in Force

1 October 2006 - New Gangmaster Law Now in Force

From today, 1 October 2006, a new law comes into force requiring all gangmaster businesses in agriculture and food processing to be licensed. Gangmasters who continue to trade without a licence will be acting illegally and face potential penalties of up to 10 years imprisonment and an unlimited fine.

It will be an offence for gangmasters to operate without a licence from October 1st and that it will be an offence to use an unlicensed gangmaster from December 1st. The definition of a gangmaster includes traditional gangmasters and recruitment and employment agencies.

The Gangmasters Licensing Authority (GLA) who started accepting licence applications in April, have welcomed the applications from businesses who were set up to curb the exploitation of workers in the agriculture, horticulture, shellfish gathering and associated processing and packaging industries.

Mike Wilson Chief Executive of the GLA commented:

“It is simple to separate the legal operators who are licensed from the illegal operators who are not. There are no excuses for anybody in this industry to deal with the rogue operators.”

“The GLA will start enforcing the new law immediately. We will use all means available to find illegal operators and prosecute them.”

Gangmasters who applied for a licence before the GLA cut off date of 1 September will be allowed to trade without a licence until a decision has been made to grant a licence.

The GLA will be contacting anybody who has applied for a licence and are still awaiting a decision to let them know what action they should take after 1 October.

The new powers will be used to investigate, gather information, interview, arrest and prosecute those operating in the sector without a licence.

The Prime Minister commented at the TUC conference:

“The Gangmasters ' Licensing Act must not simply be in effect, but must be enforced and vigorously.”

Jeff Rooker, Minister for Food and Farming commented:

“The Government has given the GLA the resources and powers to ensure a level playing field for legitimate operators. Workers coming into our food processing and farming industries deserve assurance that they will be treated fairly.”

Jack Dromey, T&G Deputy General Secretary also commented:

"It was the daily experience of our members in food and agriculture that led the T&G to fight for the gangmasters licensing act. The abuses workers reported were not limited to shaving a few pounds here and there off wage packets - they were enduring systemic and organised exploitation where rogue labour providers had neither respect for their workers nor regard for the law.

"So we welcome the fact that from today these abuses will be regarded as criminal and those food and agricultural labour providers caught exploiting their workers, and labour users deliberately using unlicensed providers, will face severe punishment, including up to ten years in jail.

"Tough penalties and robust enforcement of the law are the only way to tackle the rogues who abuse workers and undermine good employers. We fully support the GLA in its drive to locate these menaces and deny them a livelihood built on the misery of others."

A list of licensed labour providers can be found on the GLA website by clicking the following link: Gangmasters Licensing Authority

27 September 2006 - ECA and HCVA Launch Health and Safety Competency Initiative

27 September 2006 - ECA and HCVA Launch Health and Safety Competency Initiative

Working together with the Health and Safety Executive (HSE), the Electrical Contractors' Association (ECA) and the Heating and Ventilating Contractors' Association (HVCA) have launched a health and safety competency initiative.

The aim of the initiative is to explain to contractors what should be covered when carrying out a competence assessment which meets with the "core criteria" of basic health and safety requirements based on the Management of Health and Safety at Work Regulations 1999.

When tendering for work, a "pre-qualification" basic health and safety credential assessment is often requested from major contractors and potential clients, in order to prove competency.

With this in mind, the HSE commissioned a study by J Z Carpenter Ltd, "Developing guidelines for the selection of designers and contractors under the Construction (Design and Management) Regulations 1994, Research Report 422", followed by a consultation with industry businesses, in order to develop a set of "core criteria" for the assessment of contractors.

HSE's Richard Boland said of the launch:

"I am pleased that we have been able to work with the ECA/HVCA to launch this initiative to their members and clients.

"I hope that it will prove useful in explaining what should be covered when carrying out a competence assessment.

"This is a good example of how HSE is working together with industry to deliver good health and safety practice."

Paul Reeve, Health Safety and Environment manager at the ECA said:

"We appreciate the HSE's support for this competency initiative based on the core criteria, which will help both clients and contractors in construction and importantly in other contracted activities.

"Both the ECA and the HVCA are working to ensure that our members have the know how to meet these standards and we urge clients to recognise compliance with the new criteria."

Adding his comments, Bob Towse, HVCA Head of Technical and Safety said:

"Along with all other interests within construction, the mechanical and electrical sectors have established stretching targets in terms of improving our health and safety record.

"Anything that can help ECA and HVCA in meeting - and ideally exceeding - these targets is therefore both welcome and valuable."

The research report by J Z Carpenter Ltd can be accessed, in pdf format, by clicking the following:

RR422 - Developing guidelines for the selection of designers and contractors under the Construction (Design and Management) Regulations 1994

Article by Alexandra Johnston

27 September 2006 - From On the Beat to Highway Code

27 September 2006 - From On the Beat to Highway Code

The residents of a small village in Cerney Wick, Gloucestershire have expressed their concerns over the removal of their Community Support Officer Lesley Pooley, from patrolling the village on foot. Police patrols will now be made within the safety of vehicles.

Police bosses confirmed to the local residents, that lanes in the area were considered to be dangerous due to their narrowness and high hedges, which would pose a problem with drivers being unable to see the officer on patrol.

Officer Pooley has been on foot patrol around the village for a period of three months and has built up good community relations amongst the residents.

Maurice McKee, clerk of the parish council said:

"Do criminals need footpaths to carry out crimes? If they don't, why do the police need a footpath to patrol?

"It was precisely because the area was so rural that it needed a bobby on the beat.

"This is a small, commuter village so there are a lot of vulnerable, empty properties during the day. This is the world gone mad.

"Lesley is a superb PCSO and she's being stopped from doing her job by red tape. It's not her fault that her superiors take this ludicrously fussy attitude to health and safety."

Gloucestershire Police have commented on the situation and said:

"There are legitimate safety concerns about the roads in Cerney Wick that are particularly narrow and haven't got any pavement or street lighting.

"For safety reasons those roads don't lend themselves to foot patrols so in future we'll be doing them in vehicles."

As employees, Gloucestershire Police bosses must consider the risks to officers involved in patrolling on foot, in order to comply with the employers "duty of care" as stated in the Health and Safety at Work etc Act (1974).

Article by Alexandra Johnston

19 September 2006 - HSE Latest Research Reports and Guidance

19 September 2006 - HSE Latest Research Reports and Guidance

The Health and Safety Executive (HSE) have produced the following research reports and guidance, which can be accessed by clicking the relevant link:

The HSE, as part of their Better Backs Campaign and in partnership with the TUC, have also provided a Tools for Safety Representatives webpage, where they can get involved in the campaign.

The webpage can be accessed by clicking the following:

HSE Tools for Safety Representatives Webpage - What can you do

Article by Alexandra Johnston

18 September 2006 - Corporate Manslaughter Bill and Effects on Fleets

18 September 2006 - Corporate Manslaughter Bill and Effects on Fleets

The Royal Society for the Prevention of Accidents (RoSPA), in conjunction with the Transport Research Laboratory (TRL) are to hold a seminar on 18 October 2006, at Loughborough University, Leicestershire, Road Deaths and Corporate Manslaughter – Fleet Impact, where speakers will provide information to bosses of fleets on how the new corporate manslaughter bill will affect them.

They will explain that the law, which will cover fatalities in the workplace, will also cover road deaths caused by organisations lack of care.

Charles Davis, RoSPA Head of Driver and Fleet Solutions, said:

“Companies that pay scant regard to managing health and safety are on notice. The corporate manslaughter law will mean that, where safety failure has been particularly bad, corporations can be successfully prosecuted following work-related deaths due to their recklessness.

“Such cases will not be limited to fatal accidents in fixed workplaces, but will include cases of death on the road.

“Driving as part of the job is the most dangerous work-related activity performed by most people in the UK. Employers have a duty of care to their employees. They can’t just abdicate responsibility and blame crashes on the driver.

“Our seminar will help organisations to check out their arrangements for health and safety risk management and to learn about new developments.

“Those with the correct people, policies and procedures in place to manage occupational road risk need have nothing to fear. Indeed, they will be reaping the major business benefits that are available by addressing this as part of mainstream health and safety management.”

There will be many speakers at the seminar, including Barrister Gerard Forlin, who will outline the Corporate Manslaughter Bill, including its effect on fleets.

Explaining how the Road Death Investigation Manual is applied and the liaison between the Police and the Health and Safety Executive, will be speaker Chief Inspector Ian Brooks of the Metropolitan Police.

Further information on the seminar can be accessed from RoSPA's Website by clicking the following:

RoSPA : Road Death and Corporate Manslaughter Seminar

Article by Alexandra Johnston

18 September 2006 - Teachers Plus Drawing Pins Equals Mesothelioma

18 September 2006 - Teachers Plus Drawing Pins Equals Mesothelioma

A warning to teachers has been issued by unions in the North of England stating that the pinning of children's work on boards which may contain asbestos, could cause fatal asbestos cancers.

Eight school staff are currently seeking compensation following contracting asbestos-related cancers, with many other claims having already been settled.

Owing to the period of time before asbestos cancers take their toll, teaching unions fear many more teachers will be affected in coming years.

Figures from the Health and Safety Executive (HSE) show that between 1991 and 2000, 147 people working in education died from the fatal asbestos-related disease mesothelioma.

Regional Secretary of the National Union of Teachers (NUT) Elaine Kay said:

"Every school should have an asbestos plan which says where it is and what's been done to seal it and render it safe.

"Everybody in the school should have information so teachers don't go sticking pins in it.

"It's when that information falls short that it becomes a serious risk, which is unacceptable because teachers stick pins in the wall all the time, as do children."

National Executive Member for the Teaching Union in the North East NASUWT, Mick Lyons, said:

"Most of our schools are held together by asbestos because they were built in the 1960s when there wasn't the knowledge of what it can do.

"I know of people drilling through walls to put in a telephone cable and disturbing asbestos. A school in Durham put in a whiteboard but forgot to mention that the ceiling panels were made of asbestos.

"Nowadays, most local authorities know where it is and schools have asbestos plans, but we're looking at a time-bomb from the sixties, seventies and eighties when it wasn't so well known."

Safety representatives are being urged to help by checking the following:

  • Demand a copy of the school or college’s asbestos policy, which should include details of where asbestos is located and the steps that have been taken to monitor the position.
  • Check that your employer, by virtue of regulation 4 of the Control of Asbestos at Work Regulations 2002, knows whether your premises contain asbestos.
  • Check where asbestos is located.
  • Check the condition of the asbestos.
  • Make sure your employer complies with regulation by ensuring the asbestos is managed effectively.
  • Employers should also make sure that employees are fully informed so staff are not at risk of disturbing asbestos.

An updated Guidance, produced by the HSE, "Asbestos: an important message for schools", can be accessed, in pdf format, by clicking the following:

Asbestos: An important message for schools

Further updated information on asbestos in schools, can be accessed from the HSE Webpage, by clicking the following:

HSE -Asbestos - updated information for schools

Article by Alexandra Johnston

18 September 2006 - CPS Decision to be Questioned in High Court

18 September 2006 - CPS Decision to be Questioned in High Court

The Crown Prosecution Service (CPS) will have to explain in London's High Court why they failed to charge the employers of a young worker, 17 year old Daniel Dennis, with manslaughter when an inquest jury in 2005 found that Daniel had been unlawfully killed.

Daniel, fell through a skylight on 8 April 2003, within the first week of his employment with North Eastern Roofing, of Bridgend.

In March this year, the CPS said they would not be pressing charges against Daniel's employer, which prompted Young Daniel's parents to seek an explanation, by means of a judicial review of the CPS' decision.

Representing Mr. & Mrs. Dennis, Mr. Mick Antoniw, said:

"This case will review the way in which the CPS investigated the accident and the way in which they took their decision not to bring manslaughter charges.

"If the judge finds the CPS did not carry out its duties properly I will ask them to reconsider their decision.

"Daniel had no safety training, had not been given training to work at heights, was not wearing a harness and the skylight area had not been fenced off."

Supporting Daniel's parents, Mr. Allan Garley, Regional Secretary of the GMB Union, said:

"Too many workers are killed because of inadequate safety by negligent employers. It is time for the CPS to justify their failure to bring charges in cases such as this.

"The union is not after vengeance, but employers have to be held to account for their actions."

Daniel's Father, Mr. Peter Dennis said:

"Because of the support we have had from the GMB we will at last be able to find out why no manslaughter charges were brought.

"We will then press the CPS to re-open the case and review their original decision."

Daniel's fall and events leading to his death, plus lots of information and advice on young workers, can be read on the Hazards Young Workers Webpage by clicking the following:

Hazards Young Workers Webpage - Daniel Dennis

Article by Alexandra Johnston

11 September 2006 - Keep Students Safe From Fire

11 September 2006 - Keep Students Safe From Fire

In a bid to keep University students residing in rented accommodation safe from fires, a network of students have been selected by the Department for Communities and Local Government, in order to raise awareness of fire safety, amongst fellow students.

The student ambassadors were selected from various Universities in England with the criteria being the population of second and third year students who tended to live in rented accommodation.

The "Fire Kills" Campaign will highlight the risk of fires by means of the following:

  • The distribution of leaflets and posters.
  • Coverage within magazines.
  • Coverage within websites.
  • Working with fire and rescue services organising a demonstration of just how quickly chip pan fires develop, become uncontrollable and how lives are put at risk.

Sir Graham Meldrum, HM Chief Inspector of Fire Services, said:

"It is so important for students to remember to fit and test a smoke alarm regularly as you are twice as likely to die in a fire if you do not have a working smoke alarm.

"We are using this innovative approach to reach students as they are more likely to take notice of their university peers. The ambassadors will also have excellent knowledge of their local student media."

There are very simple tips on keeping safe from fire both in student or any other accommodation, such as the following:

  • Fit smoke alarms on each level of the house and test them weekly.
  • Don't leave cooking unattended.
  • Take extra care with cigarettes and smoking materials.
  • Never leave candles unattended.
  • Check furniture has the permanent fire-resistant label.
  • Practice an escape route with your housemates.
  • If a fire starts get out, stay out and dial 999.

As well as all of the above, an excellent tip from one of our HSfB moderators, Stoker is as follows:

"When changing our clocks and watches twice a year, we should also change our smoke detector batteries as part of the routine. This way, our batteries will always be on the alert for our safety."

Further information on the Fire Kills Campaign can be accessed from the Government Website by clicking the following:

Fire kills you can prevent it.

As there are now a number of students with young children living at home, one of HSfB's recommended sites, Do2Learn, have a fun-filled fire safety page for young children worth checking out and can be accessed by clicking the following:

Do2Learn: Educational Resources for Special Needs

Article by Alexandra Johnston

11 September 2006 - HSE Say Don't Take The Gamble With Asbestos

11 September 2006 - HSE Say Don't Take The Gamble With Asbestos

The Health and Safety Executive's (HSE's) "Don't Take The Gamble" Campaign is aimed at both employers and employees working within the asbestos industry, such as following:

  • Workers who perhaps carry out work on asbestos falling outside the licensing regime.
  • A reminder to dutyholders and workers of the specific asbestos work which does require a licence.
  • Targeting dutyholders within the small and medium enterprise range and facilities management.

The "Don't Take The Gamble" Campaign highlights the risks involved in working with asbestos and takes place through the months of September and October 2006.

Further information on this worthwhile Campaign can be accessed from the HSE Webpage by clicking the following:

Asbestos campaign - Are you gambling with your life?

Further information on asbestos, "the greatest single cause of work related deaths in the UK", can be accessed from the HSE's Asbestos Webpage by clicking the following:

Asbestos health and safety in the workplace

Article by Alexandra Johnston

11 September 2006 - HSE Guidance to Cut Recycling Vehicle Incidents

11 September 2006 - HSE Guidance to Cut Recycling Vehicle Incidents

In a bid to cut the injuries and deaths from waste and recycling collection vehicles, the Health and Safety Executive (HSE) launched their new guidance, Waste and Recycling Vehicles in Street Collection, on 4 September 2006, at an event in Northampton.

Six people have been killed since December 2005 due to reversing waste and recycling vehicles and in a bid to eliminate these fatalities, the Guidance contains detailed information on the reversing of the vehicles with recommendations such as the following:

  • The use of reversing aids.
  • Trained assistants to make sure pedestrians do not enter areas surrounding reversing vehicles.
  • Information on vehicle safety checks.
  • Information on driver assessment.
  • Information on personal protective equipment (PPE).
  • Supervision and monitoring.
  • Responsibilities of individuals.

Commenting on the new Guidance, Chair of the Health and Safety Commission, Bill Callaghan said:

"We want to encourage these partnerships, using the skills and experience of key workers at grass roots level to develop solutions that will work for them.

"The challenge now is for the industry to implement the controls and ensure that tragic incidents are prevented in the future."

Chief Constable Meredydd Hughes, Head of the Association of Chief Police Officers Road Pricing Policy, commending the new Guidance said:

"There is a tragic history of pedestrians and particularly children and old people being run over by refuse collection vehicles.

"We welcome the systems of work set out in this guidance as they can greatly reduce the risk of pedestrians entering the reversing area whilst the vehicle is moving."

The HSE Guidance, in pdf format, can be accessed by clicking the following:

Waste and Recycling Vehicles in Street Collection

The HSE Guidance was developed with the assistance of the waste and recycling industries, local authorities and the Waste Industry Safety and Health Forum (WISH).

The WISH Forum can be accessed from the HSE Webpage, by clicking the following:

Health and Safety in the Waste Management and Recycling Industry

Article by Alexandra Johnston

11 September 2006 - Update on First DDA Prosecution

11 September 2006 - Update on First DDA Prosecution

The first prosecution under the Disability Discrimination Act (DDA), against the giant retailer Debenhams, has successfully resulted in a signed "formal agreement" between Debenhams and the Disability Rights Commission (DRC), to provide disabled access in all its retail stores in England.

The "formal agreement" commits Debenhams, within three months from the agreement date of 3 July 2006, to "have in place suitable means for disabled customers to access previously inaccessible mezzanine floor areas in its stores".

Debenhams will also provide a written report of measures implemented, to the DRC.

This, the first case under the new DDA, since the introduction of Part 3 in October 2004, was taken against Debenhams in July 2005, by Mr. Greg Jackson, a wheelchair user. Mr. Jackson had been denied access to the mezzanine section of the menswear department in their Derby store, only accessible via a set of stairs.

Mr. Jackson had made several requests to Debenhams regarding his difficulty, but no changes were made. Backed by the DRC, Mr. Jackson made the decision to proceed with legal action against the company.

Commenting on the new agreement, Mr Jackson said:

“I’m very happy today because now I can visit my local store to buy clothes and receive the same service as other shoppers.

"That is all that I wanted and by using the DDA and with this agreement it is what all disabled people can expect in future."

Mr. Bert Massie, Chairman of the DRC, said:

“The formal agreement, signed by Debenhams, to resolve Mr Jackson’s case is very important because it underlines the extent of the responsibilities for large retailers regarding what is reasonable under the requirements of the DDA.

"Debenhams now has a centrally managed action plan to provide independent access in all of its stores in England where disabled people, including Mr Jackson, experience difficulty getting up to mezzanine floor levels.

"This sends a strong signal to all high street retailers that it’s unacceptable to provide a second class service for disabled people. We are not second class citizens.”

A spokesperson from Debenhams’ said:

“We have today confirmed in a statement to the Disability Rights Commission Debenhams’ continuing commitment to providing disabled access to products situated on all floors in its stores throughout the country.

"In particular Debenhams has provided access platforms to the mezzanine floors in its Derby store and will resolve all issues of accessing mezzanine floors for its disabled customers in a further 17 stores with similar access issues at a cost of more than £300,000”.

The County Court proceedings, issued by Mr Jackson and represented by the DRC, will now no longer be pursued, as a satisfactory agreement has been reached.

You can read HSfB's news archive item on the plight of Mr. Jackson, by clicking the following:

29 July 2005 - First Prosecution Under DDA Against Debenhams

Further information on disability can be accessed from the DRC Website, by clicking the following:

Disability Rights Commission

Article by Alexandra Johnston