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#1 Posted : 01 March 2007 09:56:00(UTC)
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Posted By Brian Marsh I read with interest the article entitled "Under Pressure" in the latest issue of SHP. I think there will always be a problem with H&S officers/managers image as long as law continues to be allowed to be applied in the manner it is currently. As we all know our society is becoming more and more litigious. No-one is responsible for their own actions any longer and the desire/need to blame someone else (i.e. the "company/organisation")is always the first reaction as it will nearly always produce some form of financial result. I am not in any way defending the "bonkers conkers" incident but you can understand why it was enforced given that some parent would have looked to take action if little Johnny(or Jane)had come home with a particle of conker in their eye. A drastic overhaul of the compensation system is needed and this includes the ambulance chasing lawyers who promise "No win, no fee" then promptly charge the claimant for insurance against losing the claim! Until we get away from the apparent ease of submitting a claim, (where, lets not forget, the claimant only has to submit a case, not proof) we cannot get away from the "bonkers conkers" tab we all have to carry. This of course does not mean we do not recognise the genuine case and deal with it in an appropriate manner, but let's at least discuss how we get back to some form of normality.
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#2 Posted : 01 March 2007 10:29:00(UTC)
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Posted By Jim Walker I've just finished reading this too, as you say, a good article (warning). H&S aside, has anyone ever read a report in a newspaper (local or national)of an event that you have direct knowledge of, where the report has been accurate? because I haven't. I was reading a article in the Times yesterday about the general public's ignorance of science ( evidently, most think its dangers of science, do not outweigh the benefits). The author's (a scientist) complaints about the press were the same as we (H&S professionals) have. Newspapers are entertainment and journalists are entertainers. They find the real world too boring to live in.
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#3 Posted : 01 March 2007 10:52:00(UTC)
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Posted By David Bannister Hi Brian, I too read the article with interest and have a slightly different point of view. Whilst I believe that the contingency fee arrangements have probably resulted in more claims being made ( I have no figures to back this up) and it is certainly easier to initiate a claim, I am not sure that curtailing the activities of the ambulance chasers is the answer. Safety and health practitioners spend their working day attempting to remove or control the significant risks in their area of responsibility and are very succesful for most of the time. We create effective systems to manage all this and use much of our employers resources in the process. Why then, when a solicitor's letter comes in do we roll over and play dead? We are bamboozled by a combination of media-hype and pub-talk in to thinking that if we attempt to defend ourselves the sky will fall in, even if we know we have done what is reasonable. How often is it said by us that we are removed from the claims process? Too often in my view. It is likely that the claims function is within a financial department whilst we sit in another corporate structure and the bean counters take the line of least resistance ie let the insurers deal with it and pay. Why not defend when we know we have done a good job? If our systems have genuinely failed and the result is a tragic accident then clearly we need the insurers to underwrite our losses. But for small, attritional claims we perhaps should be stronger in our defences (if our systems are OK) and give more of a fight to the dodgy claimants, even to the extent of the court steps or beyond. It is our work that is being challenged yet we often allow others to meekly acknowledge that we failed. That can't be right. This then is a plea to all of us to seek a more active role in the claims process, to be prepared to be proud of and stand by own good work and in the process gain stature in our employing organisations as truly making a difference in what the bean counters see. To those who are doing it, shout loudly so others may learn from you. Rant over - forgot the bp tablets last night!
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#4 Posted : 01 March 2007 11:22:00(UTC)
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Posted By Jim Walker David, Spot on! The ambulance chasers exist because the insurance companies & beancounters enable them to.
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#5 Posted : 01 March 2007 11:48:00(UTC)
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Posted By Jon Vitta Morning I think its a the the blame culture exists throughout our society these days recent examples are the parent of the eight year old over weight child blames the doctors, a parent was on television last year blaming the government because all of her under age daughters were pregnant. It just too easy to pass the buck and undoubtedly gain a few bucks at the same time!
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#6 Posted : 01 March 2007 11:58:00(UTC)
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Posted By John Allen Once again I am forced to correct a misunderstanding. If society is becoming more and more litigious it is not in the category of accident claims. The number of claims has decreased year on year since the late 90s. Most people who have accidents at work (about 90%) don’t claim. If someone does claim, and is successful, the courts impose strict rules which limit the amount which can be claimed. It sometimes takes years to take a case through to completion with no guarantee of success. The government introduced “no win – no fee” cases to reduce the amount paid out by the taxpayer in legal aid. You can’t have it both ways. The real cause of the current anti- H&S attitude in the media has nothing to do with litigation. I believe it is because we live in a society where people, of all ages and all walks of life have no respect for authority and won’t “take a telling” from anyone on any issue, ever. At one end of the scale is the hoodie spraying paint on a wall, at the other the other the businessman who speeds through a built up area while talking on his phone. Both are symptoms of the same malaise. Look at the hostility to any road safety or environmental measures including the recent increase in penalties for using a handheld mobile phone while driving. Another interesting symptom of the culture is the growth in conspiracy theories. No one ever believes the “official” explanation anymore. Now I don't think this is an entirely negative thing. It is not wrong in itself to question authority: the decisions of government, local authorities and business should always be open to scrutiny. But within the media what was once legitimate investigative journalism has in many cases deteriorated into invasion of privacy and petty finger pointing. We are often in the position of telling people what they can and cannot do, or H&S is often used as a justification by others in authority for what can or cannot be done. This puts H&S professionals, like it or not, in the same authority figure category as police, traffic wardens, speed cameras, council officials and tax inspectors. Most of the so-called “conkers bonkers” stories are either lies, or gross distortions of the truth. Unfortunately, unlike we safety professionals, the media has no responsibility towards the public or people at work, and can continue to take cheap shots at our expense, devaluing our profession and undermining improvements in safety at work. The least we can do is not give credence to the myths ourselves and that includes the myth of the litigious society.
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#7 Posted : 01 March 2007 12:19:00(UTC)
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Posted By John_Webster I could not agree more with David. I also believe that to use claims data is misleading - this will only identify those claims presented to court. I think the public is becoming aware - and the no win no fee lawyers certainly are - that small claims are just not defended anymore. I have been involved in claims where the legal advice was to go up to £5000 to settle out of court. Not because there was anything wrong with with the evidence which I could provide on behalf of the organisation I was working for, but because it would cost at least that amount to mount a defence with no absolute guarantee of winning, and, even if we did win, no guarantee of being awarded costs. Unfortunately, and particularly in the public services, the bean counters only have sight of income and expenditure within the current financial year. With a certain £5000 expenditure now against an unknown liability spread over an unknown number of future financial years, the "economic settlement" wins every time. And it does seem that most of the tales of extreme risk avoidance, accurate or otherwise, come out of the public sector. Can they really have such a low level of confidence in the competence of their H&S people? Trying to claim against a private sector company is usually far far more difficult. Even when the company really is on shaky ground, one is much more likely to be forced to go at least to the court steps. The result is that, for a minor incident in the private sector, most people will not bother to sue, will accept that it is not reasonably practicable to guard against every eventuality, and will be satisfied to know that any underlying problem is being dealt with to avoid recurrence. And the organisation's investment in Health & Safety can be seen to pay long term dividends. Whereas the steady drip drip of small out of court settlements in the public sector has actively encouraged the view that every uneven paving slab, every minor cut, bruise or hurt feeling is a potential source of a bit of extra tax free dosh - and after all, milking the public sector is hurting nobody, is it? Time that all this documentation we produce and keep to ensure that we are doing all that is reasonably practicable to avoid harm was actually put to some good use in defending some of these claims. In the long term it is bound to save a fortune, and help to ensure that the energy is spent is deciding those claims where someone HAS been significantly harmed as the result of a failure to adequately control a significant risk.
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#8 Posted : 01 March 2007 12:52:00(UTC)
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Posted By Arran Linton - Smith Unfortunately there is a hole in the conditional fee system for personal injury, which means that the majority of small claims (greater than £1000) are never contested. Basically as the threshold for whither cases are heard in small claims courts and county courts is as low as £1,000 if there is no question that plaintive was injured as a result of the defendants negligence no matter how slight this was, my experience is that this is always going to be a lose, lose situation for the defendant no matter how ridicules the claim is. If this threshold were higher (say £5,000) and the balance of risk was shifted, then I am sure that many more claims would be examined in more detail.
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#9 Posted : 01 March 2007 13:25:00(UTC)
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Posted By David Bannister Arran, the key is, in your words "as a result of the defendants negligence" Once this is accepted then the only negotiation is on quantum. My argument is that we too readily concede liability.
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#10 Posted : 01 March 2007 16:01:00(UTC)
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Posted By J Knight Hi Folks, The thing that's missing from the cries that 'society is becoming too litigous' and 'what happened to personal responsibility' is that corporations and employers also have responsibility, and in most of the cases I know of where my employer has been succesfully sued it is because they have failed to adequately discharge that responsibility. There is no way, other than a legal hearing, to screen claims in terms of justified or vexatious, and I would hate to see it tried. Jim, you ask if people know of any other area where the meeja gets its facts wrong. Well, there are a couple of things I know about, in particular evolution and taxonomy, cycling and european history. Whenever journos talk about any of these, especially the first, they are almost always dead wrong, unless they are one of the few in each case who can be described as a real specialist. Hence my extreme cynicism about the state of the UK's press, John
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#11 Posted : 01 March 2007 17:59:00(UTC)
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Posted By Dave Wilson Missing the point about the article as Journos are after one thing only 'GOOD COPY' what sells papers. If you are not aware of the likely outcomes of what you say when you are 'door-stopped' you can drop your self and your employer in the poo. That is why you hear people in a full interview repeating themselves over and over with what their point is as if this is only what the media get it is only what they can print or broadcast - The soundbite! A good journo will tie you up in knots and will only print what you have said and will take t out of context if it suits their story - classic mother contracts asbestos disease from hugging dad! actually employer allowed dad to bring home contaminated overalls which contaminated his house and everyone who entered! same story different slant!
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#12 Posted : 01 March 2007 20:09:00(UTC)
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Posted By Pete48 Brian, I take a different view of this. I am in the camp that says the "claim for everything" society is a street myth, the data does not support this. Making access to justice for all was a vitally needed improvement in our legal system that should never be allowed to be taken away. It may need some tweaking as outlined by previous posters but it must not be lost. As to the media matters, it is too easy to blame them for the societal failures they report. Our modern "news" media is designed to produce stories with messages, not to report the facts and if they can "break" a story open then even better. Almost every story will inevitably contain inaccuracies, opinion, facts and plain old-fashioned prejudice and/or vested interest. Ratings drive "being first" rather than "being right". Nothing wrong with any of that, if the viewers and readers did not want it and switched off it would stop. However, what I cannot understand is quite why modern society accepts, almost without question, what the media produce as representing truth, the only truth...?" How many people have told you in the last few days that they "know " what caused the train derailment in Cumbria??? And finally, and somewhat ironically, according to this months IIRSM newsletter; a recent study by the Int Fed of Journos reports that last year was the bloodiest year with at least 155 killed and 22 accidental deaths. Strange that I don't remember seeing that in headlines all over the UK press, why not I wonder? They seemed delighted to print stories about the HSE safety failures after all.
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#13 Posted : 02 March 2007 09:22:00(UTC)
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Posted By J Knight Pete, Agree with you about the role of compensation in delivering a just society. Can't agree with you about the meeja reporting today's social failures though. They mainly report (and manufacture) moral panics devoid of context. For example, the post-war period is often portrayed as a halcyon time of zero crime when you could leave a wheelbarrow full of gold in a pub and still find it there next day. I just recently read a compilation of diaries from that period, and believe me, that's not how people saw it then. Their moral panics were just the same as ours, they even use the same sort of terms, though with considerably more casual racism. On a H&S and thread related topic if anybody can stomach it today's Daily Mail has a cover story offering some statements about a judgement against a claimant. The Mail sees this as restoring 'common sense', to me it reads more like a judgement on the facts of a particular case, and of no especial import, though one thing of some interest is that the judge said 'sometimes accidents happen'. No, I don't buy the Bile, it gets delivered to some of the people who live here, and the headline caught my eye, John
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#14 Posted : 02 March 2007 11:09:00(UTC)
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Posted By John Lewis I agree wholeheartedly with David Bannister that we should fight everything.In my last role I carried on a policy already in place of fighting every claim made against the company. Together with HR, our claims adjusters and the line managers we succesfully reduced EL claims from about 50 a year to (I think) 4 in my last year there. Allied with this was a strict policy also of looking after anyone genuinely and verifiably injured at work to the best of our ability. This extended to sending a pool car to take people to outpatients appointments. Over the years the good people saw that the company cared and that people generally seen to be "wasters" were being challenged, the number of claims reduced dramatically. It coincided with a period when we achieved OHSAS 18001 so systems were improving anyway, however I believe that the reductions in claims would still have been worthwhile. In the current job I am not even told if a claim has been submitted, challenged or paid. Strange world we live in. John
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#15 Posted : 02 March 2007 11:55:00(UTC)
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Posted By Diane Thomason Going back to the SHP article, I note that the safety professional's words were quoted (evidently very inaccurately) to the press by a third party. The press wrote that she had said it was OK for kids to play in asbestos - she had actually said (to the residents) that the area was safe to play in, because there was NO detectable asbestos in the dust samples taken. None of us could stop this happening to us if someone chose to "quote" us. I was dismayed that she was advised not to contact the paper to correct this. The rationale was that they'd then ask the "other side" for a reply to her reply and it would escalate and get nasty. I'm not sure I buy this. Surely a simple letter to say "in fact, what we told the residents that the area was safe because there were no asbestos fibres" would not spark a big row and more exposure? (press exposure I mean.) After all, the story wasn't just a distortion of what she had said - it was a complete falsehood. Maybe Ruth Doyle (IOSH) can advise? I'd hate to think that if I was falsely quoted, I'd have to let them get away with it, in the knowledge that a very large people (including my peers) might be led into thinking I'm a complete incompetent idiot.
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