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In brief
CHANGES TO
WORK CAPABILITY ASSESSMENT
The Work Capability Assessment (WCA), which assesses whether someone is fit for work, is to be changed following an independent review by Professor Malcolm Harrington. The WCA is used to assess new claims for benefits including the Employment Support Allowance. Some groups have voiced concerns that the WCA will force those not fit for work onto the labour market before they are ready to do so. Changes include:
Meanwhile research carried out by XpertHR HR suggests that employers support fit notes but do not believe doctors are completing them correctly. Under the fit note arrangements a GP GP GP GP can suggest changes that the employer can make to a job role or working environment to enablean employee to remain in or returnto work. The report found that two-thirds of employers did not fully implement the recommendations made in every fit note they received. O Organisations said that the main problems they faced were that doctors did not understand the nature of individual jobs, did not fill in the notes correctly and made suggestions that were impossible forthe company to accommodate. More information available from www.personneltoday.com/articles/2010/12/03/57033/gps-do-not-fill-out-fit-notes-correctly-say-employers.html WHISTLEBLOWING CASES The EAT has made a favourable decision for whistleblowers (Fecitt & ors v NHS NHS NHS NHS Manchester). I I It held that once less favourable treatment amounting to a detriment has been shown to have occurred following a protected disclosure, the employer has to prove that the treatment was "in no sense whatsoever on the ground of the protected disclosure". CHEMICALS LINKED TO MALE BREAST CANCER Research into the rare disease of male breast cancer suggesting that some environmental chemicals are possible mammary carcinogens has been published in ‘Occupational and Environmental Medicine'. Petrol, organic petroleum solvents or polycyclic aromatic hydrocarbons are suspect because of the consistent elevated risk of male breast cancer observed in motor vehicle mechanics. Endocrine disruptors such as alkylphenolic compounds may play a role. Male breast cancer incidence was particularly increased in motor vehicle mechanics with a dose-effect relationship with duration of employment. ‘Occupation and occupational exposure to endocrine disrupting chemicals in male breast cancer: a case-control study in Europe' Occup Environ Med 2010;67:837-844 doi:10.1136/oem.2009.052175 http://oem.bmj.com/content/67/12/837.abstract MOST CHEMICALS REGISTERED Well, they said this day would come. A After 10 years of negotiation, expenditure and preparation, 24,675 REACH registration dossiers were successfully submitted by the first registration deadline of 30 November 2010. These registrations covered 4,300 ‘high tonnage' and other substances, which are now subject to the full supply chain requirements of the REACH regulations. The E ECHAHA's website will regularly update the numbers of substances on the REACH register. For more information to: http://echa.europa.eu/news/pr/201012/pr_10_23_registration_deadline_20101201_en.asp SKIP ALERT The HSE has issued a safety notice about the potential for unexpected release and hazardous uncontrolled swinging of skips and overbalancing of skip lorries. This can occur when the tipping hooks fail to engage with the catch bar on the skip but temporarily snag on a lip protruding from the base of the skip instead. E Existing skips should be examined and where a protrusion exists that could give rise to false engagement with the tipping hooks it should be removed from that area and the fabrication made good. See www.hse.gov.uk/safetybulletins/tippinghooks.htm SHIFT WORK DOUBLES INJURY RISK Research from the University of British Columbia suggests that Canadians who work night and rotating shifts are almost twice as likely to be injured on the job as those working regular day shifts. Night shift work was associated with a higher incidence of work injury for both women and men. However, only women had a higher risk of work injury related to rotating shifts, increasing their risk overall compared to men. The researchers suggest that because women are more likely to have childcare and household responsibilities, they may have more difficulties adjusting to shift work and getting enough good quality sleep. Shift work can disrupt normal sleep patterns and cause drowsiness or fatigue, which can lead to workplace injuries. Canadian safety organisation CCOHS suggests two basic levels where improvements can be made to help reduce the effects of shift work:
An abstract of the research, published in the ‘Scandinavian Journal of Work, Environment & Health', is available at: www.sjweh.fi/show_abstract.php?abstract_ id=3124 See also www.ccohs.ca/newsletters/hsreport/issues/2010/11/ezine.html?id=22555&link=2#inthenews NEW MENTAL HEALTH PROMOTION PORTAL A site dedicated to supporting the implementation of mental health promotion in different settings, including the workplace can be found at: www.mentalhealthpromotion.net The portal will extend the range of information available on the existing ProMenPol website to include a site dedicated to e-learning in relation to mental health promotion and a site dedicated to supporting the implementation of mental health promotion in different settings. CIVIL SANCTIONS FOR ENVIRONMENTAL BREACHES The Environment Agency will start to use its new civil sanction powers from 4 January 2011. This will enable the Agency to issue:
The Agency will also be able to issue fixed and variable monetary penalties without the requirement of a full court hearing. However, as with most of the sanctions, the Agency must be satisfied beyond reasonable doubt that an offence has been committed. More information: http://myinfo.shoosmiths.co.uk/reaction/RSGRSGenPage.asp?RSID=qRkMRnF0ysttGP5NlY10zhWsO4zUMg2fecYdi0qlABo QUALITY ORGANISATION CONSULTS ON HEALTH AND SAFETY AUDITING ISO 19011on management systems auditing is currently being revised. The revised version has been expanded beyond quality and environmental management to include health and safety auditing. One of the parties participating in this activity is the European Organization for Quality (the EO EOQ). The EOQ recently advised the ISO 19011 ISO WISO Working Group that it has been developing its own documents on auditor competence, including one on the competence of healthand safety auditors. Draft EOQ Competence Specification 18000 ‘Requirements for occupational health and safety management personnel' is open for comments. These are requested by 1 February 2011. The document is freely available on the EO EOQ's website: www.eoq.org/index.php?id=563 |
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