Organised crime TUC Occupational Health Welcome to the course

1 Theme of Workers Memorial Day 28 th April 2008 ‘Good occupational health for all workers’

Introductions Name Union and union positions(s) Job and workplace Previous health and safety courses Outcome of ‘things to find out’ pre-course activity Issues and concerns related to the course 2

A new priority? ‘Government, healthcare professionals, employers, trade unions and all with an interest in the health of the working age population should adopt a new approach to health and work in Britain based on the foundations laid out in this review’. Recommendation 1 in the Carol Black Government Review on Occupational Health: March

Definition of occupational health ‘The state of complete physical, mental and social well-being and not merely the absence of disease and infirmity’. World Health Organisation

Scale of the problem Long history but short on results Primary focus has been on safety 175 million working days lost to illness in million a year suffer from work-related ill health Costs to the taxpayer approx £60 billion Overall costs approx £100 billion 5

Scale of the problem ILO estimates that 2.3 million people killed by work worldwide every year Official figure: 241 killed by work Hazards campaign estimate: 1,600-1,700 Official figure: 10,200 dying from work-related diseases Hazards campaign estimate: 50,000 dying from work-related illnesses 6

Scale of the problem Breakdown of Hazards 50,000 figure Cancer: 8-16% work-related. 12% mid-point gives total of 18,000 Respiratory illness: 15-20% work-related gives total of 6,000 Heart disease: 20% work-related gives total of 20,000 Other illnesses: 6,000 7

Government targets Revitalising Health and Safety Strategy  Reduce the incidence rate of fatalities and major injuries by 10%  Reduce the incidence rate of cases of work-related ill health by 20%  Reduce the number of working days lost by 30%  The last 2 targets are not on target! 8

Identifying issues – the union role Long history of involvement Range of techniques available Employer’s duty to monitor Union rights to monitor Prevention the priority At risk from under-funding 9

Enforcement Problems  HSE and LA cuts  Average inspection once every 14 years  IOM ‘HSE under resourced to meet its core responsibilities’  Only 100 out of 410 Las secured any convictions in  Average fine £8,

Enforcement Opportunities  Construction blitz initiative  Corporate Manslaughter and Homicide Act 2007  Sentencing Advisory Panel  Union effect 11

Identifying the problem Inspections Ill health investigations Checking records Surveys Participation in safety committees Mapping techniques – hazard and body mapping Outside assistance – SRSC GN31 12

Rights to OH information MHSW Regs 1999: Reg 5 places a duty on the employer to have effective ‘monitoring and review of the preventive and protective measures’ SRSC Reg 7.1: SR right to ‘inspect and take copies of any document’ SRSC CoP 6: Details of Reg 7 SRSC Reg 9/GN41: Safety Committee functions 13

Occupational Health Services Only 3% of employers provide a comprehensive service Approx a third of workers are provided with basic support (estimates between 20-34%) Failure to meet duty under the Framework Directive Failure to sign up to ILO standard 14

OHS – legal position Range of laws have some relevance Some examples of enforcement action (ref. page 44) Functions delivered through:  Employers own schemes  Commercial providers  State services Consultation 15

Range of services Keeping medical records Involvement in risk assessments Involvement in risk control measures Health screening and surveillance Environmental monitoring Accident investigations Health education and counselling 16

Range of services Rehabilitation and return to work Supervising first aid Examining trends in ill health Assessing fitness for work Sickness absence monitoring TUC Safety Rep Survey 2006 – indicated that preventive role often neglected 17

Equality of access Gender Disabilities Migrant workers Older workers Categories of worker 18

Health issues – are they work- related? Onset Do any other workers have the same problem? Is it a known risk of this job? Is there a known risk from exposure? Has the exposure been enough? Family history and past medical history Does it have special marker features? 19

Rehabilitation No statutory right Provided by approx 25% of employers 20

Rehabilitation Policies should be:  Consistent with any related policies on return to work/sickness absence/capability  Separated from the disciplinary procedure  Linked to OH provision  Provide for the appointment of an independent case manager  Medical advice should be followed  Consideration to the full range of options like change of task/phased return/reduced hours etc  Pay protection if earnings affected by the above options  Workload reduced in line with cut in hours 21

Disability Discrimination Acts ‘Physical or mental impairment which has a substantial and long term adverse effect on her/his ability to carry out normal day-to-day activities’ Case law and 2005 amendments mean that can be based from point of diagnosis ‘Reasonable adjustments’ to employment practices and premises 22

Sickness absence Number of days lost has fallen Higher rates in public sector mainly due to long- term absence cases Sickness absence procedures increasingly linked to capability and discipline Operation of ‘trigger’ formulas aimed at short-term absences Exclusion of work-related sickness from absence achieved in some workplaces 23

Occupational Health Strategies 1980 Sir Douglas Black Report 2008 Dame Carol Black Report 28 years separating 2 ‘Black’ reports and yet on a number of measures the health gap between he rich and poor has widened Securing health together – government policy document has targets and references to safety rep involvement 24

Occupational health strategies The Black Review ‘Working for a healthier tomorrow’ – main proposals are:  Establishing a Fit for Work Service  GPs to refer to patients through an electronic fit note to the FfW Service  The fit note to replace the GP paper-based sick note  Review proposals criticised by unions and Hazards campaign as being inadequate 25