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Rupert Dingley
Member - 16 posts
17.4 Notwithstanding the other terms in this Agreement the Supplier will fully indemnify Smith Ltd for and against any claims brought by one of its employees or (where permitted) sub contractors which in any way alleges or suggests any breach or potential breach by Smith Ltd of Health and Safety legislation or any of Smith Ltd?s policies.
This indemnity shall not extend to any case where Smith Ltd is found by a court of competent jurisdiction to have actually been criminally in breach of the Health and Safety legislation unless that breach is itself caused by the Supplier or any of its employees or (where permitted) sub contractors and shall not extend so as to limit or exclude any liability of Smith Ltd for death or personal injury caused by the negligence of Smith Ltd, its employees, agents or subcontractors.
The above is used by my legal Dept for all contracts and the company name has been changed.
I thought that Smith Ltd, as the customer is ultimately liable for any breaches of Health & Safety, and could not assign this risk to it's suppliers.
Who is correct my legal Dept or me?
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Rupert Dingley
Member - 16 posts
We pay permanent staff to have the test and £50 towards glasses as required.
Should we do the same for temporary workers?
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Rupert Dingley
Member - 16 posts
Andrew
Thank you for your helpful comments.
My question did relate to our Legionella Assessment, which has recently been done, as I was concerned that whilst the water in the boilers were hot enough to prevent legionella, it is too hot when it comes out of the taps. Temperature was recorded as 62 degrees C at the taps
We already have signage in place, but it seems to be rather pointless having hot water if we can not actually use, as it is so hot.
Seems a mixer tap would be the solution.
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Rupert Dingley
Member - 16 posts
Does anyone have suggestions as to what the temperature of the hot water should be from the taps in washrooms?
I'm informed that the temperature of the water delivered from any hot water cylinder should be a minimum of 60C (according to the ACOP L8).
The hot water that comes out of our taps is currently to hot to even use.
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Rupert Dingley
Member - 16 posts
I have now produced a Stress PowerPoint presentation for management and am happy to share it with anyone. NB All references to my employer have been removed. Please send an email to rupert.dingley@gmacrfc.co.uk
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Rupert Dingley
Member - 16 posts
I am sure most companies pay for an eye sight test for their staff and make a contribution towards spectacles if they are required.
But how often can an employee claim for an eye sight test, ie. every other year, yearly or six monthly?
I would be interested to know what other companies policy is with regards to payments for contact lens?
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Rupert Dingley
Member - 16 posts
The simple solution would be to fit a mobile phone jamming device into company cars that is controlled by the ignition switch. Therefore companies would be able to ensure that their drivers complied with the law and there would not be any come back on their directors.
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Rupert Dingley
Member - 16 posts
I am currently putting together a Stress Policy and more importantly the methodology behind this.
I understand we have to do a Risk Assessment, but what else? Do we do a questionnaire to all staff (low cost but high risk), train mangers and get them to cover stress in thier one to ones with their team members (low risk but expensive to train and longer meetings), do nothing (not an option!) or another approach?
I would be interested to find out how your company is dealing with the stress issue. Any information gratefully received and please advise if you would like me to share with you my findings/approach.
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Rupert Dingley
Member - 16 posts
We have just had new exterior signage installed and the sign for the disabled parking is titled "Invalid Parking". Is this the correct wording or should it be "Disabled Parking" or something else?
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Rupert Dingley
Member - 16 posts
The Traffic Advisory Leaflet, published by the Department of Transport, reprinted Oct 02, quotes for employees and visitors to business premises that the ratio of bays for disabled employees (upto 200 bays) should be 5% of total capacity.
This is different to the above advice, so which one is correct.
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Rupert Dingley
Member - 16 posts
Any thoughts on how to monitor stress in the workplace?
If an employee complains of stress by the amount of work they have to do, then do they have a right to go on sick leave?
Who can this be controlled, cause otherwise all staff could complain of stress!
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Rupert Dingley
Member - 16 posts
We have a sports and social club, to which employees pay a monthly fee and the club pays for certain activities, such as the hire of footabll pitches, kit etc.
As the employer do we have any responsibility for our players and would we be liable if one of them had an accident, either caused by one of the other members of our team or by the opposition?
What is our position is one of our team caused injury to the other team?
Thanks
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Rupert Dingley
Member - 16 posts
All of our waste, except IT equipment & fluorescent tubes, are put into an on site compactor, which is removed by our waste contractor.
Apart from the Waste Transfer Note as provided by the waste contractor, is there anything else I need to do?
I am told by my waste contractor that they separate all waste out at the tip. Do I need to know if they really do this?
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Rupert Dingley
Member - 16 posts
Can my director who is responsible for Health and Safety be sent to prison if the HSE brings a prosecution against us?
If the company is found guilty then does responsibility lie with just the one director or is shared between all of the board?
Thanks
Rupert Dingley
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Rupert Dingley
Member - 16 posts
I have a member of staff, who is trained to give Indian Head Massages, has her own insurance and would like to give massages at work, in her own time.
We would insist that our employees who go for a massage, sign a disclaimer; so they can't claim against their employer, that the employee has the massage in their own time, but works to make up for any lost time.
My major concern is who is liable if the employee is injured.
Any thoughts would be much appreciated.
Rupert Dingley
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