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Don’t crack under the credit crunch was the message to SHP Arena
delegates from Peter Forshaw, partner with law firm Weightmans, who
outlined the importance of accident prevention and claims containment
in a recession.
Reminding delegates that we are now apparently in the grip of the worst
recession since the 1930s, with 2.2 million out of work, and rising,
Peter said the implications for employers are manifold: “Increased
absenteeism, the potential for reduced expenditure on health and
safety, the loss of skilled personnel, a shift in workforce perceptions
of health and safety, a possible increase in outsourcing, and in
workplace violence — all of which adds up to more demands on health and
safety managers.”
As to whether all of this is creating an upsurge in the number of
personal-injury claims, Peter said there is no universal agreement.
Evidence from the last recession, in the 1990s, shows there was no
significant increase but, he warned, things are different this time:
“There are more claims management companies, more ‘no-win, no-fee’
arrangements, and people know more about their rights, and how to,
claim.”
The key to defending claims, and particularly spurious ones, is to make
sure you have a strong health and safety culture and systems. In fact,
argued Peter, this is actually the best time for employers to focus on
health and safety. He explained: “When things are quiet at work, and
there are maybe fewer people, that is the best time to take stock and
to prepare for when the green shoots of recovery eventually appear.
Also, there is generally greater diligence among employees not to put a
foot wrong.”
Among the things Peter suggested employer should do were to review all
risk assessments and systems of work to make sure they remain suitable
and sufficient in changed circumstances; ensure all staff are trained
and that training is understood; check all PPE and don’t be tempted to
purchase less suitable alternatives; and ensure regular maintenance of
work equipment.
He added: “Do have the courage of your convictions — don’t be tempted
into knee-jerk reactions, and don’t make changes for change’s sake.”
Elaborating on the issue of perception of health and safety, he
referred to a recent statistic from the National Accident Helpline,
which revealed that 62 per cent of employees believe their employers
are scrimping on health and safety as a cost-cutting measure. Warned
Peter: “Perceptions that health and safety is not of high concern will
generate claims, so employers need to do all they can to prevent these
from arising. Health and safety must be done, and be seen to be done.
Let employees know that it remains at the top of the agenda.”
In terms of anticipating future claims — because many are lodged years
down the line after an incident is said to have occurred, Peter had the
following advice: “Go through your accident records for the last three
years to identify possible incidents for claims — for example, RIDDOR
incidents and other serious injuries, as well as any serial claimants.
Then, collate the evidence on any claims you might have to defend —
bring together in one place things like your accident book, the
accident investigation report, photos, training records, etc.”
Finally, he reminded delegates that the health and safety and human
resources functions must work closely together, particularly in terms
of keeping track of any employees who are made redundant, or leave the
company, and who may have witnessed any incidents.
Peter concluded: “Clearly, these are challenging times for those in
health and safety. Yes, the recession adds extra pressure on existing
workloads but it also provides opportunities to review and improve
systems. Health and safety must remain at the top of the agenda.”
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SHE09- Nip accidents and claims in the bud via a strong H and S cultureDon't crack under the credit crunch was the message to SHP Arenadelegates from Peter Forshaw, partner with law firm Weightmans, whooutlined the importance of accident prevention and claims containmentin a recession. <p></p><br><br>
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