Posted By I McDonald
Stephen

as I understand things, there is no legal requirement for the employer to pay whilst your sister was absent (certainly a moral argument, caring employer I think not). Your sister needs to confirm the company stance which should be clearly dealt with in her contract of employment (if she has been given such a thing). She may want to approach the company HR Department for clarification however; if she still does not get any joy, it sounds like the only route left for her to take is via a solicitor.

Ian

P.S. hope your sister made a full recovery

Posted By garyh
She should check her contract of employment / employee handbook etc for terms and conditions, which should define if sick pay is paid or not.

She may have to make a common law "compo" claim for the lost earnings.

Posted By steven123442
Thank you for your responses.

I'd like to add that I worked for this company about 5 years ago (not in an H & S position).

The health, safety and welfare of their employees is not a priority:

They have a permanent night shift (6pm-6am, same continental shift) but no regular health assessment programme.

Machinery (print machines, guillotines, mail inserting machines, etc.) is not locked off for maintenance work.

The quickest and easiest way to stop a machine (shown to me by a supervisor) is to put your hand into the machine whilst it is running. Sensor detects a break in the beam and the machine stops.

Very noisy environment (compressors, etc.), may not be over the limit but never been measured so who knows.

12 hour shift with one 20 minute break. As far as I know this is acceptable but not sure if it is right as a high level of concentration is needed.

Very poor house keeping - pallets of paper, envelopes, leaflets, etc. around machines and in walkways. There are designated areas for pallets by machines but not well managed.

I'd like to point out that I have no hidden agenda behind my question. The company treated me fairly and I left as I got a better offer elsewhere. I just think they need a kick up the backside with regards to H & S.

Ian, thank you, she hasn't made a full recovery but is getting there.

Posted By Darren J Fraser
Steve

Sounds like an anon call the HSE is in order.

I hope your sister recovers, and would suggest that she seek professional legal advice.
There are many avenues to pursue to do this including the CAB, No-win No-fee companies etc.

I would normally advise contacting the company first and discussing the situation with a senior manager, director or the owner and inform them of their responsibilities under the various pieces of legislation, as they may not be aware of their legal responsibilities, however from reading what you have written, I would guess that this would be a waste of time and breath.

If you are able to obtain pictures or video (legally) over a period of time, demonstrating various poor practice, that will assist with the building of your sisters case.

Posted By Phil Grace
Just a quick point. Your sister should not approach the employer's EL Insurer.

Civil claims for compensation as a result of workplace accidents must always be made by the injured person to the employer. It is the employer's responsibility to forward any such claim they receive to their EL insurer who will then take over the handling of the claim.
The injured person's "claim" is against their employer.
It must be remembered that buried in the wording of the Act an employer can dispense with the need to take out insurance if they lodge a bond with the appropriate Govt department - don't know of any who have done so..!!!

Posted By steven bentham
Steven123442

Whilst I feel sorry for your sister, 'a slip on some wet cardboard that has blown into the car park' should be kept in perspective.

I doubt if the HSE will rush out on this one.

I agree that the other matters may have been serious, but you did not see fit to report them to the HSE after you left!

It may seem to some that after the accident to your sister, it has caused you to remember a number of other unsafe working practices.

The ring HSE postings have overlooked the working together, consultation, self regulation approach. - Don't tell me all you that work in safety or train in safety or consult in safety have as your first response - "ring the HSE"

Posted By steven bentham
Bill

That may be true for a civil claim, but its hardly the crime of the year!

Posted By steven bentham
I bet that did wonders for health and safety.

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Posted By Merv Newman
Re comment on "machines not locked off for maintenance"

This appears to be standard practice in industry. Maintenance people sort of throw themselves at a broken down machine with the objective of getting it back into production as fast as possible. Lock-off ? your joking.

I know what I mean when I'm talking lock-off : Lock, Tag, Clear, Try (with a REAL padlock) How many of you manage to get that adopted as standard practice ?

Sorry, it's a bit off the "slipped on cardboard in the car park" original posting but it was an opportunity to vent one of my hot buttons.

Merv