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The concept of this site is to bring information for the logisitics, warehousing and transport industries to a single location. It will cover law, best practice and relevent government information. I hope you find this site useful and return regularly.
It will include acts and regulations in raw form and explain the relevant points in plain english.
The CSCSA Trade Union
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Two haulage companies have been sentenced for safety failings after an HGV driver was left paralysed from the chest down following an incident at a transport yard in Sandy, Bedfordshire.
The 51-year-old man, from St Ives, Cambridgeshire, was crushed as he was closing the rear doors of his HGV when another lorry reversed into the area he was working in at the yard on Tyne Road, which was being rented by his employers H & M Distribution Ltd.
The worker, who does not wish to be named, suffered life-changing injuries and will be unable to work again. As well as his paralysis, he suffered a brain injury which has affected his sight and has lost most of the use of his arms.
The incident was investigated by the Health and Safety Executive (HSE), which today (29 July) prosecuted H & M Distribution Ltd and H E Payne Transport Ltd – the owners of the yard.
The court heard that before setting out on a delivery, the driver pulled his loaded HGV forward of the loading bay so he could close the rear doors. As he was doing so, a curtain-sided lorry reversed alongside the bay into the area he was working in, crushing him between the two vehicles.
HSE’s investigation revealed that despite both companies being road hauliers, there was no documented procedure for vehicle movements in the transport yard. An Improvement Notice was served on both companies requiring them to organise movements in the yard so pedestrians and vehicles could circulate in a safe manner, which was complied with.
H & M Distribution Ltd of Sankey Valley Industrial Estate, Newton-le-Willows, was fined a total of £150,000 and ordered to pay costs of £13,996 after pleading guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974.
H E Payne Transport Ltd of The Lane, Wyboston, Bedfordshire, was fined a total of £100,000 and ordered to pay costs of £13,996 after pleading guilty to breaching Section 3(1) of the Health and Safety at Work Act 1974.
After the case, HSE Inspector Emma Rowlands said:
“This was a horrific and entirely preventable injury caused by the shared failure of both companies to recognise the hazards arising from loading operations at the transport yard and their duty to protect the people working there.
“Our investigation found that there was no documented procedure which allowed workplace transport and pedestrians to circulate the site in safety, and a dangerous lack of segregation between vehicles and workers on foot. Tragically, as a result an employee is now paralysed for life.”
For more information and guidance about workplace transport visit: http://www.hse.gov.uk/workplacetransport/index.htm
Figures at a record low on the 40th anniversary of the Health and Safety at Work Act
The number of people who lose their lives at work has dropped sharply by 85 per cent over the past forty years, from over 650 every year in 1974 to a record low of 133 today, new figures reveal.
The number of injuries at work has also reduced considerably by 77 per cent over the same time period, from 336,701 to 78,222. The statistics illustrate the enormous impact of an act that created a flexible, proportionate and world class regulatory system.
The 1974 Act paved the way for the creation of the Health and Safety Commission and the establishment of the Health and Safety Executive as we know it today – which regulates health and safety law working with industry to help them manage their health and safety risks effectively and also bringing irresponsible employers to justice.
Minister of State for Health and Safety Mark Harper said: “Britain has come an incredibly long way over the past forty years in protecting its workforce. Our workplace safety record is now the envy of the world, with businesses and governments queuing up to tap into our expertise.
“Any death at work is a death too many. But few can dispute that the reduction in fatalities and injuries over the past 40 years is a significant step forward. Britain is now officially one of the safest places in Europe – and the world – to work.
“So, while we all rightly curse false health and safety excuses, it’s worth thinking how fortunate we are today that we can go out to do a hard day’s work safe in the knowledge that our safety is being taken seriously.”
Judith Hackitt, Chair of the HSE, said: ”Our health and safety law places responsibility on those who create risk to manage that risk in a proportionate practical way. It sets standards in terms of outcomes to be achieved, not by straitjacketing dutyholders and business into doing things in a particular way according to prescriptive rules.
“This means that it is universally applicable – regardless of whether you’re farming, fracking for shale gas or working with nano-materials in an ultra high-tech laboratory. The Heath and Safety at Work Act may be 40 years old but it – and our regulatory system - are world class.”
You will see many articles in the news about Health and Safety gone mad, most of these articles are more about avoiding insurance claims and a smoke screen to justify poor customer service, there is a section on the Health and safety Executive website dedicated to highlighting instances where this has reached the media and possible reasons that the relevant company has blamed Health and Safety for their short comings, Their site can be reached by clicking this link.
The reason many people choose to avoid health and safety issues (unless it suits them) is because "it will never happen to me" and to tell you the truth they are probably correct it is not likely to happen to you! but in the 2012/2013 period there were 148 deaths at work, this is a reduction from previous years but that is still 148 people who went to work and never returned home to their families at the end of their shift, I wonder how many of them went to work thinking "I am going to die at work today best make sure I have a will and insurance to look after my family after my death" how many do you think thought "it wont happen to me"?
148 deaths the chance of it being you is remote but the chance is there, there were 78,000 injuries that were reportable under RIDDOR, (Reporting of Injuries, Diseases and Dangerous Occurance Regulations 2013), these are injuries that the HSE consider sufficient in magnitude that they need to be aware of, these include broken limbs, back, neck etc, 78,000 and the chances of it happening to you is increasing, IT CAN HAPPEN TO YOU.
This does not include the estimated 2,000 deaths caused by asbestos every year.
Taken from the ACAS website.
The Employment Tribunals are an independent judicial body established to resolve disputes between employers and employees over employment rights. The tribunal will hear claims about employment matters such as unfair dismissal, discrimination, wages and redundancy payments.
Employment Tribunals are less formal than a court, for example no one wears a wig or gown. However, like a court, tribunals cannot give out legal advice, almost all hearings are open to the public, and evidence will be given under oath or affirmation.
Before lodging an Employment Tribunal claim, Acas must be notified first and this can be done through Early Conciliation. An independent, impartial Acas Conciliator will then attempt to help both parties to resolve their differences. Whilst these discussions are taking place the time limit for making a tribunal claim is extended. The Early Conciliation period can be up to a month initially, and can be shorter or up to 14 days longer according to need.
Experience shows that resolving a dispute through conciliation is faster, cheaper and less stressful than going to the tribunal. However, in some cases Early Conciliation will not resolve the dispute, so we will bring it to a close. Evidence that Acas has been notified will be provided in the form of a unique Acas Early Conciliation Reference Number.
We can provide further conciliation help before a tribunal claim is presented if both parties want it, and we will offer our services again as or when an application is made to the tribunal. Wherever possible, the same conciliator will try to help the parties.
More information is available from Early Conciliation.
Subject to Parliamentary approval all claims made to the Employment Tribunal and Employment Appeals Tribunal since Monday 29 July 2013 are liable to a fee or an application for a fee remission. Fees are payable in advance and there are two levels of fees depending on the type of claim.
|Fee type||Type A claim||Type B claim|
Type A claims are generally claims for sums of money due on termination of employment such as payment in lieu of notice, unpaid wages, redundancy payments etc, or for unpaid holiday pay or unlawful deductions. Type B claims will relate to more complex claims such as unfair dismissal, discrimination and equal pay claims. For lodging an appeal the issue fee is £400 and the hearing fee of £1,200, and this is regardless of the type of claim.
Financial penalties on employers who lose at tribunal
The Employment Tribunal will be able to order losing employers to pay a penalty on top of any award made to the claimant. These penalties will be payable to the Secretary of State if the tribunal finds the employer has breached the employees' employment rights and has "one or more aggravating feature". The minimum amount will be £100 and no more than £5,000, the amount shall be 50% of the amount of compensation awarded with a 50% discount for employers who pay within 21 days of the tribunal's decision. The tribunal will look at the employer's ability to pay in deciding whether to order the employer to pay a penalty.