Comments by Iain MacLeod

Iain MacLeod
Member - 54 posts

1. This could only happen with a council who are given taxpayers hard earned council tax to fritter away.
2. A 17 page report to deal with a hazard that should pose a trivial risk to any organisation who enforces workers safety rights.
3. How many H&S Officers does that council employ, and how many times was a blind eye turned to the trip hazards on the floor.
4. The consultant must have been laughing all the way to the bank having earned the easiest £200.00 of his/her life.

Iain MacLeod
Member - 54 posts

Of course this will all change in October under the new ageism legislation.

Iain MacLeod
Member - 54 posts

Unfortunately the HSE don't have the consultation document online yet.

Iain MacLeod
Member - 54 posts

Having read the article above, I cannot identify anywhere in the report evidence to suggest "racial" discrimination which was the reason for the damages being paid to Mr Husian.
Perhaps Workplace Law can enlighten us a bit more on this matter.

Iain MacLeod
Member - 54 posts

As this is a COMAH site who will be investigating the effectiveness of the HSE and Environment Agency as the competent authority who licensed the site to operate?
Is it right that they should be investigating themselves?

Iain MacLeod
Member - 54 posts

I would suggest the following issues be considered.

1. The monitors you refer to have serial numbers identifying them. I would ensure that when it is handed to the employee it is signed for against that number. I would also make them aware that this is an environmental project to reduce waste through re-use of equipment and if after taking it they decide they don't require it they should dispose of it iaw local authority guidelines. The monitors have gas in the tubes and may have lead solder present.
2. The monitor should have been subject to electrical testing within the workplace. I would advise that this should be re-done by a competent person prior to hand over. Again a record of the test should be held against each individual monitor's serial number.
3. I would also refer you to check with the local EA/SEPA prior to going ahead with this or other projects to ensure you are not breaching any environmental regulations with regards to waste products.
Hope this helps, it is not complicated but the employer would still have a duty of care when passing over the goods.

Iain MacLeod
Member - 54 posts

Smokers still have a civil right to smoke. Unfortunately they don't have a civil right to force others to do the same through passive smoking.
In the same context it is legal to buy a knife, but illegal to carry it about in your pocket.
Wear surgical masks, this would be classed as Personal Protective Equipment under law and as such the onus is on the duty holder to eliminate the hazard where this is reasonably practicable. By banning smoking in public places the duty has been met and we don't have to rely on one of the last control measures i.e. the PPE.
I think it is time that smokers realised the damage they not only do to themselves but others through their addiction. They should also realise the ban is law in place and will not be amended to suit their cry of "Civil Rights".

Iain MacLeod
Member - 54 posts

Suggest you visit the IOSH Website and use the study forum for assistance.
You can access from the following link.
http://www.iosh.co.uk/
Best of luck.

Iain MacLeod
Member - 54 posts

Not even 1 year per fatality. Rough justice or what?

Iain MacLeod
Member - 54 posts

Darren

I agree with the RTW interview to gather the facts, but it appears to me from the tone of the posting that the employer may have more going on than they want to reveal.
In the term "discrimination" I read this as discriminating against a female for taking 1.5.days off sick in the last 18 months due to a stomach cramp.
Why does the employer see this as a "totally unacceptable absence"?
How does this compare to the rest of the workforce?
What about "we shouldn't have to pay our employee" well I think this falls under statutory sick pay rules anyway.

Iain MacLeod
Member - 54 posts

I would have thought that the originator of this point would have had some sympathy since she is a female.

I was on a business trip last week and took stomach cramp for over 8 hours and had to suffer the consequences on my trip home by train and plane.

I self certificated the next day (only the 2nd day off sick in 35 years) as a result of this to ensure that I got re-hydrated and also because I was unaware how my stomach would handle any food. The last thing I wanted was to go to work and spend the day on a toilet.

It was nice to return to work with people asking how you were rather than slating you for taking a day off.

Joanna, be realistic and a bit more caring towards your employees or you might find yourself on the wrong side of an employment tribunal.

Iain MacLeod
Member - 54 posts

Are there any guidelines on what justifies retirement under the age of 65? e.g. A firefighter, airline pilot or civil servant whose terms and conditions of employment state 60 or less. Is an employer mandated to amend their Ts&Cs to give them the right to work till a minimum age of 65?

Iain MacLeod
Member - 54 posts

Hi Jason

Perhaps you need to enlighten us a bit. Is it photocopier toner or ink jet cartridges from printers connected to a PC?

Normally the photocopier toner bottle empties, and as this is a plastic bottle it could either be recycled or in your case put in the bin as controlled waste.

Ink jet cartridges will fall under the Waste Electrical and Electronic waste regulations when they come into force and therefore depending upon the legislation it could be that you will not be able to bin them in the future.

Why bin it anyway? the photocopying machine supplier might be able to help recycle toner bottles or if it is inkjet cartridges they can be collected on site and arrangements made through local charities to be uplifted as waste for recycling. We do this with ours and the money raised goes to the Children's Hospice Association Scotland. it averages out that they get about £50.00/quarter for the amount we hand back. They also do the same for old mobile phones.

Iain MacLeod
Member - 54 posts

Phil I think you are missing some very important points.
1. The actual time taken to take this case to conclusion. Is it fair, obviously from the first trial the jury could not agree whether she should have been convicted or not. In Scotland the Not Proven verdict would have probably applied to this case.
2. As with other major cases in relation to Corporate Manslaughter the system currently in place has failed because of the necessity to prove a directing mind. That is why the law is being amended so obviously it is wrong.
3. With respect to the the individual case it would probably have been more beneficial for a prosecution under the HSWA 1974, which will be the next step if the next trial is unsuccessful in proving its case of manslaughter.

Iain MacLeod
Member - 54 posts

BP seem not to be content with ripping off the motorists but also their employees pension fund.

Iain MacLeod
Member - 54 posts

Surely a retrial including the delay to hold it, the continuous publicity of this case, the failure to convict the council and other big organisations and Senior Managers of corporate manslaughter is going to affect the outcome of the re-trial.

Iain MacLeod
Member - 54 posts

I was out running last night and as I passed the local McDonalds there was a young child who appeared no older than 10 years of age sitting on a miniature motorcycle fully booted and spurred. he was sitting revving the engine whilst waiting for someone who I would guess was a parent. This was outside the front door where other young children access the premises.

Further to this you see them riding in industrial estates on the main roads without and personal protection.

One has to ask where are the police as the places that they use are well known and you can hear them for quite a distance.

They should be banned from this country however, it will probably take several fatalities for the authorities to sit up and take notice of these lethal machines being driven not only by children but adults to.

Iain MacLeod
Member - 54 posts

As part of the risk assessment review, perhaps a more deeper analysis requires to be carried out. This would include aspects such as the internal work environment, external factors e.g. is the room near a busy road. The person's lifestyle may also be a factor.

As a trial why not network the user to another printer outwith the affected room and remove the desktop. You could also get the affected person to detail specific times or situations when the chest is affected. This might help get to the cause of the complaint.

Iain MacLeod
Member - 54 posts

I recently ordered and received a new 512mb data transfer stick. You know the type,about 3"x1/2"x1/4". (probably get done for using imperial rather than metric. Who cares?)

It cam in a sealed plastic wrapping about 6"x4". This was packed in a cardboard box 10.5"x8.25"x3.5" full of polythene. This box was then packed inside another cardboard box 12.5"x9"x5" which also had air filled poly bags in it to pack it out.

What a waste and added cost to the product. What would have been wrong with a padded jiffy bag. The stick was hand delivered therefore would not have been subjected to the rigours of the postal system.