Duty of Care

1. Duty of Care No one should leave work at the end of the day, less healthy than they were when they arrived …… Vision Work should be health-enhancing ……………….. SMP

2. £? Cost of Stress • 13 million days a year, work-related stress is the biggest occupational cause of lost working days across the economy • Over half a million individuals in Britain experience work-related stress at levels which makes them ill. • CBI survey of 500 PRIVATE firms, average 7.2 days off sick per year. • Nationally sick-leave costs £1.75 billion with the loss of 25 million working days last year. • What impact is this having? Strategic Management Partners

3. Duty of care TUC Safety Representative Survey SMP

4. Duty of Care • Legal Case • HASAWA 1974 and Management Regulations 1999 • Common Law duty of care • Business Case • Business benefits to be gained • Impact of long-term sickness absences • Moral & Ethical case • Physical and psychological damage • Employer’s responsibilities for Personal Injury claims SMP

5. Duty of care • HSE stress management standards • Historical background, wide consultation programme produced overwhelming call (over 70%) for regulation, ACoP etc • Time delays, HSE response call for more research • Outcome, introduction of management standards • Voluntary code, technically enforceable H&S law SMP

6. Duty of care • HSE Stress Management Standards • Demand – including workload, work patterns and environment • “employees indicate that they are able to cope with the demands of their jobs” • Control – how much say a person has in the way they do their work • “employees indicate that the are able to have a say about the way they do their work” • Support – includes sponsorship, encouragement and resources provided by the organisation and colleagues • “employees indicate they receive adequate information and support from their colleagues and superiors” • How many workplaces address these? SMP

7. Duty of care • HSE Stress Management Standards • Relationships – including with all levels of co-employees, managers etc • Employees indicate that they are not subject to unacceptable behaviours • Role – relating to all aspects of job requirements • Employees confirm they have full understanding of role and duties • Organisational Change – structural and organisational changes • Employees confirm that the organisation engages with them when undergoing organisational change SMP

8. Duty of care • Directors’ Duties • HSC set out general expectations of Directors in respect of health and safety (2006) • IOD launched Guidance to Directors 2007 – “Leading on health and safety at work” www.iod.com • “This guidance sets out an agenda for the effective leadership of health and safety. It is designed for use by all directors, governors, trustees, officers and their equivalents in the private, public and third sectors. It applies to organisations of all sizes.” SMP

9. Duty of care Directors’ Duties – IOD Guidance “Board level involvement is an essential part of the 21st century trading ethic. Attitudes to health and safety are determined by the bosses, not the organisation’s size. “Health and safety is integral to success. Board members who do not show leadership in this area are failing in their duty as directors and their moral duty, and are damaging their organisation.” SMP

10. Duty of care • HSC calls for Boardroom Leadership Health and Safety Commission assesses board level engagement and ownership on health and safety issues. “With the latest figures showing 241 workplace fatalities, 146,000 serious injuries and two million reported cases of work-related ill-health, there is no room for complacency. More needs to be done in addressing the enormous challenges of improving health and safety in our workplaces. To improve our safety record we need strong and committed boardroom leadership that focuses on real causes of harm in the workplace and not trivia.” SMP

11. Duty of care • Where is the evidence? • Sickness Absence data • Return to duty meetings • Exit Interview data • Staff surveys • HSE Audits • Other Assessment Tools • Independent research • Is it safe not to act? SMP

12. Duty of care • The costs of doing nothing • Walker vs. Northumberland CC • Improvement Notice and subsequent publicity • The issuing of an Improvement Notice by HSE on West Dorset General Hospitals NHS Trust, highlighted the legal requirements for undertaking risk assessments and managing stress at work. • Trust did not have a work related stress policy or a risk assessment of work related stressors. The improvement notice was about systems of work and risk assessment. • Hatton, Barber and other recent cases SMP

13. Duty of care • The benefits of taking action to address the problem • Stress Policy • Targets on reducing sickness absence • ACC set in place its stress policy and secured a significantly improved level of sickness absence over just 2 years SMP

14. Duty of care • Where next? • Workplace discussion • Risk Audit • Safety Committee Agenda • Workplace-wide survey • Implementation of Management Standards through use of Assessment Tool SMP

15. Duty of care • Where next? • Legislation, Regulation and ACoP • Improved monitoring and data published • Increased inspection and focus on Stress • Improved sanctions • Dignity at work and caring, supportive culture • Zero tolerance of Bullying, victimisation and stress inducing work procedures SMP

16. Duty of care • Corporate Manslaughter debate? • Penalties? • Custodial sentences? • Adverse publicity orders • Highlighting causes and the transgressors SMP

17. Duty of care • Simple facts • Too many days lost in stress-related illness • Too much substantiated evidence of bullying • Too many uncounted sickness days • Increasing levels of un-counted health problems • Long hours and high work pressures SMP

18. they must be fit for it;they must not do too much of it; andthey must have a sense of success in it. Duty of care And finally … … … In order that people may be happy in their workthese three things are needed … SMP