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US health and safety laws are good for business

February 16, 2011/0 Comments/in , , , /by

Workplace health and safety regulations not only save lives, they benefit the economy, the USA’s top safety official said yesterday.

In stark contrast to the UK’s government’s stance on health and safety in the workplace, David Michaels, assistant secretary of labor for the US Department of Labor’s Occupational Safety and Health Administration (OSHA), said:

‘Despite concerns about the effect of regulation on American business, there is clear evidence that OSHA’s commonsense regulations have made working conditions in this country today far safer than 40 years ago when the agency was created, while at the same time protecting American jobs.

The truth is that OSHA standards don’t kill jobs. They stop jobs from killing workers. OSHA standards don’t just prevent worker injuries and illnesses. They also drive technological innovation, making industries more competitive.’

Speaking ahead of a Republican-driven formal government committee hearing ‘Investigating OSHA’s regulatory agenda and its impact on job creation’, Dr Michaels said: ‘Many OSHA standards cost little and easily can be adopted by employers with nominal effect on the bottom line. OSHA, by law and by practice, always looks at both the overall cost of compliance with a proposed regulation and at the expected benefits. The evidence shows that OSHA generally overestimates the cost of its standards.

Congress’ Office of Technology Assessment, comparing the predicted and actual costs of eight OSHA regulations, found that in almost all cases ‘industries that were most affected achieved compliance straightforwardly, and largely avoided the destructive economic effects’ that they feared.’

He concluded ‘OSHA’s job isn’t over. More than 3 million workers in America are injured every year. Every day 12 workers die on the job. OSHA’s commonsense regulations are helping to drive these numbers down and, at the same time, helping American businesses modernise and compete in the global economy.’

At a time workplace safety campaigners are on the back foot in the UK, we implore the government to take heed of the US example and in its own words, apply ‘commonsense to common safety’, as it purported to do last year when Lord Young was comissioned to review health and safety regulations. 

Unfortunately, when the noble Lord took careful aim at the so-called ‘compensation culture’ and hit the wrong target, the government rushed to congratulate him (as he had produced the justification for draconian budget cuts) and quickly began the systematic dismantling of the regulations that protect workers’ lives and help industry become more – not less – competitive.

Bonnar & Company is very concerned about the dilution of health and safety legislation in the UK and we lend our voice to those campaigning on behalf of worker safety.

McDonalds prosecuted over acid injury to worker

December 2, 2010/0 Comments/in , , , /by

Fast food giant McDonalds has paid out more than £20,000 after one of its employees was partially blinded by an acid-based cleaner.

According to Wandsworth Council, the court fine was the result of the first successful prosecution against McDonalds in the UK over an accident in the workplace.

The burger chain was taken to court by the council under safety at work laws after a member of staff suffered burns to his face and eyes that has left him with only around 55 per cent vision in his left eye. The injuries were caused when the man, who was working as a maintenance operative at the company’s Wandsworth Bridge drive-thru restaurant, used an acid-based drain cleaner to unblock a waste pipe.

Last month, South Western magistrates court heard that on June 23, 2008, the employee, with the full knowledge of his manager, bought a corrosive chemical drain cleaner from a nearby DIY store. The first attempt at using the sulphuric acid-based cleaner did not work and so the employee was given money by a manager to buy a second bottle. When this bottle was poured into the pipe, its contents blew back into the employee’s face and both his eyes. He was given first aid at the scene before being taken to hospital by ambulance.

Following treatment he recovered almost all the vision in his right eye but much less in his left eye.

The council’s environment spokesman Councillor Sarah McDermott said: “Their member of staff was given money by his managers to buy a very hazardous product.

“No risk assessment was carried out to ensure this product was safe to use, he was not properly supervised while using it, he was not given any training to reduce the risk of an accident, nor was he provided with protective clothing. This was a serious lapse in the company’s internal procedures.”

A spokesman for McDonalds said: “We are very sorry for the eye injury incurred by our staff member. We regret that on this occasion our stringent safety procedures were not followed and we have taken steps to make sure this doesn’t happen again.”

So, despite Lord Young’s pronouncement that retail environments are basically low risk and his recommendation to government that employers should be allowed to cut back on risk assessment, reality bites back in the shape of a partially blinded worker.

If highly successful ‘public spirited’ firms are committing such breaches of health and safety legislation, we fear for the welfare of the hundreds of thousands of workers employed by small firms when our government seems hell-bent on allowing a laissez-faire attitude to health and safety issues to prevail.

If you have been hurt or injured at work please contact us for a completely free, no obligation review of your case on 0800 163 978.
 

Lord Young of ‘Gaffem’…

November 19, 2010/0 Comments/in , , /by

So farewell then Lord Young of Graffham.

You resigned after you made a gaffe.

You claimed that most people had ‘never had it so good.’

Unfortunately this just isn’t true,

Like much of your ‘Common Sense Common Safety’ review.

Adieu.

Cuts to legal aid bill deny workers access to justice says TUC

November 18, 2010/0 Comments/in , , /by

Major government reforms intended to cut the legal aid bill by £350m a year by 2015 will deny many workers injured or made ill by their work access to justice, unions have warned today.

The proposals announced by justice secretary Kenneth Clarke will dramatically reduce access to legal support, with employment and personal injury costs on the government hit list. Mr Clarke said: ‘I believe that the taxpayer should continue to provide legal aid to those who need it most and for serious issues.’ Justice minister Jonathan Djanogly was left to spell out changes to make life easier for defendants. ‘One of our key proposals is reforming the current ‘no win no fee’ regime,’ he said, adding the ‘proposals are designed to prevent the situation in which, regardless of the merits of their case, defendants are forced to settle for fear of prohibitive costs.’

Forgive me if I’m missing the obvious here, but don’t the defendants have their own legal team who fight for their interests? Who, pray tell, is forcing these poor, maligned, fearful and mercilessly bullied corporate behemoths into coughing up when there is no case to answer ‘regardless of the merits of the case’? It certainly isn’t our clients.

Mr. Djanogly’s statement epitomises this government’s attitude to the rights of disadvataged people seeking justice for personal injury. He seeks to demonise and bully accident victims whilst pedling the myth of a nation under seige from legions of fraudulent and spurious compensation claims.

Mr. Clark would appear to have so little faith in the justice system that he thinks the defendants, aka the insurance industry, need a little bit of help to keep their costs down, bless ’em. However, being a man of the people he wants to keep legal aid for those who need it most – well here’s a headline Ken – it’s only those who can prove they need it most, ie. people on very low incomes, who have even the slightest chance of getting legal aid for a personal injury action today.  

TUC head of safety Hugh Robertson said the personal injury system already worked in favour of defendants, pointing out claims had fallen dramatically in recent years and only a minority of those with a genuine case actually pursue compensation. He added: ‘Workers rights to compensation are being attacked on all fronts. When ‘no win no fee’ arrangements for personal injury claims were introduced the government slashed access to legal aid, saying that it was no longer needed. Now, however, they are both reducing workers ability to access no win no fee arrangements and at the same time cutting legal aid even further.’

Rachael Maskell, Unite national officer for the not for profit sector, said what Kenneth Clarke had done was ‘silence the voices of the weak in British society in a brutal bid to reduce his department’s budget by 23 per cent over the next four years.’ She added Unite would redouble the efforts of its Justice for All campaign.

Hear, hear.

If you have been hurt or injured in an accident or have been diagnosed with an industrial illness or disease, you can discuss your case FREE OF CHARGE with a personal injury specialist at Bonnar & Company on 0800 163 978. We will advise you of your rights and give you impartial expert legal advice.

RoSPA warns Lord Young to focus on safety not cost

October 25, 2010/0 Comments/in , , , /by

The Royal Society for the Prevention of Accidents (RoSPA), has today warned Lord Young to keep the emphasis on safety, not cost cutting, when he starts consulting on the implementation phase following his recent report, published on 15th October.

We are pleased to read that in response to Lord Young’s report Tom Mullarkey, RoSPA’s chief executive, echoed the views of trades unions and health and safety professionals that accident prevention not only saves lives but it saves money – a point hopefully not lost on the noble peer as he seeks to reduce the ‘burden’ on industry of complying with the nation’s health and safety laws.

Mr. Mullarkey said:

“We welcome the opportunity provided by Lord Young’s review to open debate into how accident prevention can contribute to the wellbeing of the nation and reduce costs. There is a great opportunity here for the Government to come up with something progressive and positive – this is a rare silver bullet moment with the opportunity to save lives, reduce injuries and cut costs. As we have said many times, good health and safety is good for everyone. And we’re not just talking about health and safety in workplaces, we are urging the Government to see the bigger picture of accident prevention; for example, if we can save one small child from being seriously burnt that will save the tax payer £250,000 as well as a lifetime of suffering for the child.”

Despite RoSPA’s warning shot we are sorry to say that we are not at all encouraged that Lord Young is aiming to focus on the economic benefits of robust health & safety legislation. The evidence of the report points to an entirely different mindset. Lord Young panders to the myth of a compensation culture and then, bizarrely, perfoms a u-turn by dismissing it as a myth. He goes on to wax lyrical about the cost savings of REDUCING the scope of existing workplace safety regulations and ‘streamlining the bureaucracy’ associated with assuring the safety of members of the public who participate in sports and leisure pursuits.

Furthermore, in a sweeping generalisation comprised of of half truths and ill-judged prejudice, he permits himself to distinguish between low-risk and high-risk situations in a rambling discourse on the perceived  dangers and relative safety of industrial workplace and office environments. We wonder whether Lord Young actually read ANY of the numerous and freely available independent reports on accident cause and prevention when he was compiling his report. If he had he would have noticed that offices and shops can also be hazardous and unhealthy places if safety standards are allowed to slip.  

Lord Young’s report is worryingly biased in scope and worryingly short on ideas which will have a positive impact on the nation’s health and safety. Worker safety is clearly at risk during the up-coming consulting phase on the report’s implementaion. We are very concerned that the voices of reason will be drowned out by the forces of self-interest that would seek to re-create a dismissive, laissez-faire attitude towards health & safety in this country more befitting owners of ‘dark satanic mills’ where worker injury and death were commonplace and accepted norms.

The British public at work and at play deserves much better than to have 150 years of hard won progress on health & safety undermined by the creation of a new mindset which empathises with employers who plead for a less ‘restrictive’ legal framework and outdoor activity organisers who bleat about cost and spurious barriers to their operation.

Bonnar & Company exists to fight for the rights of hurt and injured people and we vigorously oppose any attempt to water down the standard of health and safety regulations in the UK.  We deal with the damage caused by those who choose to bypass or ignore the existing laws, so heaven knows what’s in store if we allow our health and safety legislation to be pared back to suit short-term and woefully misguided commercial interests.

If you have been hurt or injured in an accident at work, on the road or in a public place, or if you have developed an industrial illness or disease, you can call us FREE on 0800 163 978 for no obligation expert legal advice from a personal injury solicitor.