BRISTOL EVENING POST - 03 FEBRUARY 2006

FIRM FACES MASSIVE FINE OVER GATE-CRUSH INJURIES

An Avonmouth firm is facing a massive fine after a worker was crushed by a metal gate weighing more than a third of a ton. North Avon magistrates heard Lionel Power, 61, from Thornbury, suffered multiple injuries when the 365kg gate fell on him. He was left permanently disabled.

They heard yesterday that Mr Power was one of three workers from Bideem Construction asked to move five large metal gates at the British Red Cross Depot in Warmley. The job went wrong and Mr Power finished up with a crushed hip, a ruptured bowel, a broken leg, broken ribs, internal bleeding and severe bruising to internal organs.

The firm admitted it was to blame, but the court decided the maximum £25,000 fine it could impose was too low to reflect the gravity of the offence. It sent the case to Bristol Crown Court, where a judge will be able to hand out an unlimited fine.

A health and safety expert estimated the men exceeded the safe manual lifting guidelines by between 12 and 24 times. Bideem Construction, now owned by John Sisk and Sons, based in St Albans , admitted two offences of failing to ensure the safety of its workers.

HEALTH AND SAFETY EXECUTIVE (WALES) - 13 JANUARY 2006

DEATH OF DUMPER DRIVER COSTS PORT TALBOT COMPANY £142,000

The Health and Safety Executive (HSE) have today welcomed a heavy fine imposed on a Port Talbot based company following the death of one of its employees when the dump truck he was driving overturned. Carl Parsons, 55, from Cardiff was driving the vehicle laden with red-hot slag for Short Brothers (Plant) Ltd at an industrial area in East Moors, when it overturned. Fuel leaked from the vehicle, made contact with the hot material and ignited, engulfing both the vehicle and Mr Parsons in flames.

HSE brought the prosecution on the basis that the vehicle was in an unfit condition, and having entered a guilty plea at a previous court hearing, Short Brothers (Plant) Ltd were today fined £100,000 at Cardiff Crown Court , and ordered to pay full costs of £42,000.

The company were prosecuted because they had failed to take reasonably practicable measures to ensure the safety of its employees. The vehicle had not been properly maintained, no effective risk assessments had been carried out for the operation and there were no systems in place to ensure that the vehicle was not overloaded and its brakes were effective.

HSE principal inspector Steve Scott said: "HSE will take the strongest action against any companies who fail to give proper attention to health and safety matters."

HOW HR2all CAN HELP...

Meeting Your Health and Safety Responsibilities

An employer is ultimately responsible for the health and safety of their employees and may face significant financial and custodial penalties for failure to operate within regulatory guidelines.

If you're uncertain where or how to start, beprofessional provides a simple to use checklist to make you aware of the main steps you must take to comply with health and safety regulations.

Already aware of your responsibilities? beprofessional gives you access to the information and documentation you need to fulfil them.

TIMES ONLINE - 24 FEBRUARY 2006

BIRD FLU AND YOUR BUSINESS

The French Agriculture Minister confirmed today that turkeys on a farm in south-east France are infected with the highly pathogenic H5 strain of bird flu.

In London yesterday, police, fire, health and ambulance chiefs met at the Cabinet Office to discuss plans for a human bird flu pandemic in Britain . Head of the civil contingencies unit, Bruce Mann, warned them that as many as 30 per cent of their staff could be missing from work during a pandemic.

Company bosses at a separate conference were urged to agree new staff employment contracts making clear what would be expected of their workforces during a pandemic. Failing to do so, and dismissing staff for staying away from work, could result in a big increase in legal action and employment tribunals.

Companies were urged to ensure safety for staff at work, and to be reasonable, by employment lawyer Dan Cooper

HOW HR2all CAN HELP...

Plan, Prepare and Protect

When it comes to bird flu, businesses acting like a bird, with their head buried in the sand, are likely to be the businesses worst affected. You've planned to grow your business, now plan to secure it.

beprofessional will help you:

• Create a sickness and absenteeism policy
• Create parental leave and compassionate leave policies - remember your staff may need time off to look after loved ones
• Assess and minimise risk - for example, are there adequate hand washing facilities which can reduce the spread of infection
• Create a business continuity plan to formulate how your business will survive on a severely reduced workforce and disrupted supplies

You may have spent a life time building up your business - don't allow lack of planning to destroy it.

PERSONNEL TODAY - 21 FEBRUARY 2006

ENGLISH FA WARNED TO MIND LANGUAGE IN AD FOR TOP JOB

Specifying that only 'British' or 'English' candidates will be considered for the England coach position could mean that the Football Association (FA) are breaking the law. It is unlawful for employers to discriminate against a person on racial grounds when recruiting new staff under the Race Relations Act (1976).

"Employers should avoid drafting person specifications that could potentially be discriminatory." said Michael Ball, employment partner at law firm Halliwells. "They are advised to include only the criteria needed to perform the duties in the job satisfactorily. Only where there is a genuine occupational requirement for a person to be of a certain nationality is it legal to advertise this. But it would be difficult to prove this is the case for the England coach."

If a tribunal decides in favour of a claimant in a discrimination case, a business can be fined up to £25,000 plus an additional amount to cover injury to feelings and loss of opportunity.

HOW HR2all CAN HELP...

Getting the Right Person for the Job

Race is not the only grounds on which it is unlawful to discriminate against a person. Other areas include religious belief, sex, disability, marital status and, come October 2006, age. To operate within the law means you must ensure all areas of your recruitment process stand up to scrutiny including:

Use beprofessional to produce these, and other, documents, and take the worry out of getting it right.