Month: September 2017

  • Older Workers are More Likely to Suffer Serious Workplace Accidents

    Older Workers are More Likely to Suffer Serious Workplace Accidents

    Nowadays, many people want to keep working past 50. The state pension age has been put up, the default retirement age has been removed and life expectancy has gone up. Aside from the financial necessity for some people to continue working late into life, a lot of people just don’t feel old by the time they reach 60 and feel more than capable to keep going. According to demographic trends, older workers are a large and important part of the workforce. Birth rates are going down and we live in an increasingly ageing society – we’re more dependant on older workers than ever!

    Older people want to keep working, can perform as well as a younger person and they’re relied upon to work, but what does that mean for their workplace safety?

    Older Workers are More Likely to Suffer Severe Injuries

    While older people do not have more accidents at work than their younger colleagues, they are more likely to have serious accidents which may result in permanent disabilities and death. They are at higher risk of slips, trips and falls. They generally need more recovery time from an accident too.

    Because their accidents are usually more severe, this can come at great cost to them, meaning that they could have to take long periods off work or retire before they are ready.

    Health and Safety Should be Used to Protect, Not Discriminate

    Workplace safety should not be used as an excuse to discriminate against older workers and there are discrimination laws in place to protect employees. Employers have a duty by law to protect vulnerable employees. Under the Management of Health and Safety at Work Regulations 1999; employers have to make an assessment of workplace risks. This includes identifying employees who could be at more at risk, such as older workers.

    Age can increase your movement and response times and decrease your joint mobility, particularly if you have a condition such as arthritis or have poor hearing or eyesight. If you have a condition which may affect your work, you should tell your employer so that they can include this in their risk assessment. If you’re over 60, you may need more time allowed for training or learning new health and safety information. If you’re injured and need to take time off work, you might need a little bit longer in your recovery time.

    Older People are Entitled to Make Workplace Accident Claims

    If your employer does not make the proper risk assessments and you and your employees are doing incorrect manual handling, for example, you may be more likely to become injured because you are older than them. This does not mean that your injury is your fault, or that the injury was not the fault of your employer because of your age.

    If you have an accident at work which causes you to become injured, do not automatically blame yourself and do not allow your employer to pass the blame onto you. If you have suffered a more severe injury than you would have if you were younger, your employer could still be liable for this. Take a look at our complete guide to making a workplace accident claim. If you’re unsure about whether your employer was to blame for your accident, you can always call us on 0114 267 8780 between 8 am – 9pm. One of our solicitors will be able to arrange a face to face visit with you to discuss your queries. We work on a no win, no fee basis so if you aren’t able to make a claim, you will not have to pay us a thing.

  • Injuries Cause By Manual Handling at Work

    Injury statistics

    According to the Health and Safety Executive approximately 120,000 people were injured at work from manual handling incidents last year. Over 30% of food and drink industry injuries reported to HSE are manual handling injuries such as back injuries, this represents around 1700 acute injuries per year. Manual handling injuries are caused by handling and lifting – 60% of the injuries involve lifting heavy objects.

    Main causes of injury

    In the food and drink industries, most musculoskeletal injuries arise from just 5 causes:

    • stacking/unstacking containers (such as boxes, crates and sacks)
    • pushing wheeled racks (such as oven racks and trolleys of produce)
    • handling drinks containers (such as delivery of casks, kegs and crates).
    • packing products (such as cheese, confectionery and biscuits)
    • cutting, boning, jointing, trussing and evisceration (such as meat and poultry)

    The duty owed by employers is set out clearly in UK legislation.

    Section 4 – Duties of employers

    4.—(1) each employer shall—

    (a) so far as is reasonably practicable, avoid the need for his employees to undertake any manual handling operations at work which involve a risk of their being injured; or

    (b) where it is not reasonably practicable to avoid the need for his employees to undertake any manual handling operations at work which involve a risk of their being injured—

    1. i) make a suitable and sufficient assessment of all such manual handling operations to be undertaken by them, having regard to the factors which are specified in column 1 of Schedule 1 to these Regulations and considering the questions which are specified in the corresponding entry in column 2 of that Schedule,

    (ii) take appropriate steps to reduce the risk of injury to those employees arising out of their undertaking any such manual handling operations to the lowest level reasonably practicable, and

    (iii) take appropriate steps to provide any of those employees who are undertaking any such manual handling operations with general indications and, where it is reasonably practicable to do so, precise information on—

    (aa)  weight of each load, and

    (bb) the heaviest side of any load whose centre of gravity is not positioned centrally.

    (2) Any assessment such as is referred to in paragraph (1)(b)(i) of this regulation shall be reviewed by the employer who made it if—

    (a) there is reason to suspect that it is no longer valid; or

    (b) there has been a significant change in the manual handling operations to which it relates;

    And where as a result of any such review changes to an assessment are required, the relevant employer shall make them.

     

    Manual handling operations” = any transporting or supporting of a load (including the lifting, putting down, pushing, pulling, carrying or moving thereof) by hand or by bodily force.

     

    Section 5 – Duty of employees

    1.  Each employee while at work shall make full and proper use of any system of work provided for his use by his employer in compliance with regulation 4(1)(b)(ii) of these Regulations.

    What do the Manual Handling Operations Regulations require?

    The Regulations require employers to:

    • Avoid the need for hazardous manual handling, ‘so far as is reasonably practicable’;
    • Assess the risk of injury from any hazardous manual handling that can’t be avoided;
    • Reduce the risk of injury from hazardous manual handling, ‘so far as is reasonably practicable’.

     

    The Regulations do not set specific requirements such as weight limits.

    While weight is an important factor, there are many other risk factors which you need to take into account. Where hazardous manual handling cannot be avoided, the Regulations require a risk assessment to determine the risk of manual handling injury and to help identify what remedial action is required. Medical and scientific knowledge stress the importance of an ergonomic approach to manual handling, taking into account the nature of the task, the load, the working environment and individual capability, and this approach requires worker participation. It is central to the European Directive on manual handling and to the Regulations.

     

    Avoiding manual handling

    If the general assessment carried out under regulation 3(1) of the Management Regulations indicates a possibility of injury from manual handling operations, first consider whether the manual handling operation can be avoided altogether. You may not need to assess the risk in great detail if the operations can easily be avoided or the appropriate steps to reduce any risk of injury to the lowest level reasonably practicable are obvious.

    Eliminating manual handling

    When trying to avoid manual handling the first questions to ask are whether the load(s) needs to be handled at all, or could the work be done in a different way? For example, can a process such as machining or wrapping be carried out without lifting the loads? Can a treatment be brought to a patient rather than taking the patient to the treatment?

    Automation or mechanisation

    If, ‘so far as is reasonably practicable’, handling the load cannot be avoided, then consider whether the operation(s) can be either automated or mechanised to eliminate the manual aspect of the handling.

    If you have been injured at work as a result of manual handling call Richard Meggitt, Solicitor on 0114 2678780 for free advice.

     

  • Defective Work Equipment in the Workplace

    Defective Work Equipment in the Workplace

    137 workers were killed at work last year. The majority died as a result of defects in their work equipment. The legislation regarding maintaining work equipment is clear.

    Workplace (Health, Safety and Welfare) Regulations 1992

    Regulation 5 – Maintenance of workplace, and of equipment, devices and systems

    5 (1) the workplace and the equipment, devices and systems to which this regulation applies shall be maintained (including cleaned as appropriate) in an efficient state, in efficient working order and in good repair.

    (2) where appropriate, the equipment, devices and systems to which this regulation applies shall be subject to a suitable system of maintenance.

    (3) the equipment, devices and systems to which this regulation applies are—

    (a) equipment and devices a fault in which is liable to result in a failure to comply with any of these Regulations; and

    (b) mechanical ventilation systems provided pursuant to regulation 6 (whether or not they include equipment or devices within sub-paragraph (a) of this paragraph). The only thing that the claimant  

    ‘Efficient’ in the view of health, safety and welfare (not productivity or economy).

    If a potentially dangerous defect is discovered, it should be rectified immediately or steps should be taken to protect anyone who might be put at risk e.g. prevent access until repaired or replaced.

    ‘System of maintenance’ = involves ensuring that regular maintenance testing, cleaning, inspection etc. is carried out at suitable intervals. Potentially dangerous defects are remedied and access is prevented in the meantime, regular maintenance and remedial work is carried out properly and a suitable record is kept to ensure the system is properly implemented.

    Provision and Use of Work Equipment Regulations 1998

    Regulation 5 – Maintenance

    5 (1) every employer shall ensure that work equipment is maintained in an efficient state, in efficient working order and in good repair.

    (2) every employer shall ensure that where any machinery has a maintenance log, the log is kept up to date.

    It is important that equipment is maintained so that its performance does not deteriorate to the extent that it puts people at risk.

    There is no requirement to keep a maintenance log, but it is recommended for high-risk equipment. If a maintenance log is kept, it should be kept up to date.

    Maintenance procedures should be performed in accordance with the manufacturer’s recommendations e.g. replacement or adjustment of parts.

    Maintenance work should only be carried out by those competent to do the work.  

    If you have been injured at work as a result of defective work equipment call Richard Meggitt, Solicitor on 0114 2678780 for free advice.