Regional Health & Safety – “Violence at Work” compensation

Last week I went to the UNISON London regional health & safety committee meeting. First, we have a normal “business” meeting regarding safety issues in London. Then we usually have a guest speaker. This month we were pleased to see again Henrietta Phillips from the trade union solicitors Thompsons. Henrietta in fact spoke at the last meeting on “work related stress, bullying and harassment”. This time she talked about legal remedies following “Violence at Work” (see new UNISON safety guide here).

During the committee meeting we discussed planning for this year’s European Health & Safety week (20-24 October) and National Inspection Day. It’s too late for this year, but to encourage inspections we talked about buying clip boards and reflective safety bibs with UNISON logos for London safety reps. Maybe all new safety reps should get these things included in the “Welcome Pack” they automatically receive when they become reps?

My favourite agenda item is when each committee member gives a local report on issues in their workplace. For some reason one committee member recalled the issue he came across in his housing department where they had to deal with a tenant who kept his horse in his home. Now, this is not a particularly sensible thing for anyone to do, especially since he lived on the 9th floor of a tower block and he used to take the horse up and down in the lift.

On a far more serious issue it was reported that 104 housing officers in one employer were tested for exposure to TB and 4 (all British born) were found to be in danger of developing the disease and had to be given 6 month courses of treatment. I think we should all review risk assessments for visiting officers to take account of such biological hazards.

Another committee member reported that in their workplace they were getting rid of unnecessary safety signage. These just cause clutter and confuse people. For example, in their main office staircase there was a sign saying “Hold the rail on your Left”. Which is just plain silly - such things give health & safety a bad image.

One organisation had not only introduced home working and hot-desking but had got rid of all desk telephones and issued staff with mobile phones (with email etc). There was an issue regarding the risk to pregnant women from using such phones. Any risk is hotly denied by the mobile companies themselves, but there have been a number of reports about theoretical dangers. It would therefore appear to make sense that such staff should be issued with a normal desk phone for purely precautionary measures.

There is one issue that UNISON needs to get sorted ASAP. Many UNISON branch offices are not accessible to disabled members. This should not happen in this day and age.

Next item was report backs from conferences attended by committee members. Two had gone to this year’s Hazard Conference in the University of Keele. This is probably the most important conference for safety reps. Both committee members found the conference very useful and would encourage people to attend the conference in the future. One mentioned being shocked at a presentation made by the widower of a teacher who had died of an asbestos related disease despite the fact that she had been a teacher all her life and had no other known risk factors. Many, many schools are riddled with asbestos containing materials. Between 2001-2005 nationally 62 teachers were reported to have died of such diseases. A sobering thought.

The meeting agreed that I could attend a conference on 24 November run by the CCA on the “Future of Safety Enforcement”.

I gave a report as the London representative on the UNISON national health & safety committee. I had already been asked to bring up safety concerns over “hot-desking” and to ask UNISON if there are any plans for up-to-date guidance on this topic.

After the close of the committee meeting Henrietta gave her presentation on “Violence at Work” to the Health & Safety network, to which all UNISON branch safety officers are invited.

All UNISON members injured in an accident or assault at work are entitled to free legal advice and assistance form Thompsons. Members can contact UNISON direct on 0845 355 0845 to be referred.

There are 3 possible routes to compensation – claim against the employer, the assailant (not normally any use) or via the Criminal Injuries Compensation Authority (CICA).

The key issue with regard to any possible legal case against an employer is to establish “failings”. An employer has a duty of care to provide a safe place of work and a safe system of work. To win a claim you have to prove that the employer was in breach of that duty, either by breaching safety law or by being negligent and that breach or negligence caused injury.

Usually it is difficult to win since you have to persuade a court that the employer is responsible for a third party assailant. However, if you can establish a pattern of “failings” and negligence you can be successful. Henrietta suggested a checklist of things that should be done after an assault.

Such as report attacks to the Police and record details of crime numbers etc, write you account about what happened as soon as is possible, take copies of all reports you make, ask for copy of employer investigation and RIDDOR reports (if applicable) get full contact details of any witnesses, have photographs taken of injuries, record details of any visits to doctors or hospital, keep any receipts for any expense you incur.

She encouraged all “near misses” or incidents of aggressive behaviour to be recorded. This may help prove that the employers should have been aware of the risk.

At the beginning Henrietta had pointed out that personal injury cases are for workers who have already been hurt, while the whole point of safety reps is to try and prevent injuries occurring in the first place. While I am in favour personally of a “no fault” compensatory payments scheme rather than resorting to legal claims for compensation. If a claim is strong and compensation is paid then this would have the welcome effect of encouraging the employer to change and improve its working practices. As usual - Money talks.