December 2009 ~ Edition 32

December 2009

Edition no. 32

 
 

In this issue:

  1. Proposed new Paternity leave & pay
  2. Changes to First Aid training & the HSE's new sample Health & Safety Policy

If you would like more information about any of the issues raised in this newsletter or any other people management query please contact The HR Tap on 

 01604 604471

or by email on

enquiries@thehrtap.co.uk

Melissa Ritchie

The HR Tap 

www.thehrtap.co.uk

 

 

John Bartlett

JRB Consulting

www.jrbconsulting.co.uk

 This newsletter is written for general interest only.  The HR Tap can accept no liability for any reliance placed on its content without further advice.  Please contact us for specific advice before acting.

If you do not wish to receive further copies of The HOT Tap News please use the 'unsubscribe' facility by following this link:

www.thehrtap.co.uk

 

 
 

The HOT Tap News

December again; it only seems like a few months since we were last preparing for Christmas.  

In our winter edition of The HOT Tap News we are looking at one of the new pieces of legislation destined to affect us next year.  

John gives you a gift of 2 articles regarding changes to first aid requirement and changes to the HSE’s sample Health & Safety Policy. 

We are taking a well earned rest and the office will be closed from 16th to 26th inclusive but Melissa will be available on the mobile for any issues that cannot wait until 27th December! 

We would like to thank all of our clients for their business over the past year and wish you all a very profitable and successful 2010.

Proposed new Paternity leave & pay

 - Melissa Ritchie

Legislation likely to come in April 2010 but be effective for parents of babies born after April 2011. 

While the consultation period has only just drawn to a close and therefore final amends will be made before it goes onto the Statute Books next year. 

The key proposals are: 

  • Eligible fathers must have 26weeks continuous service with their employer at 15weeks before the EWC.
  • Fathers can take from 2 to 26 weeks leave within the period of time when the baby is over 20 weeks old but less than 1 year old. Mothers and fathers cannot be on maternity/paternity leave at the same time, the mother would therefore be required to return to work before the father can take his additional paternity leave. 
  • Fathers will get paid paternity leave (at the same rate as maternity pay) for the remainder of the 39 weeks paid maternity period that he is on leave for. 

For example a mother with company A begins her maternity leave 10 weeks before her baby is due, she then takes 20 weeks off after the birth and then returns to work.  The father, an eligible employee of company B begins his paternity leave as his wife returns to work and takes 20 weeks leave.  Company B is obliged to pay him 9 weeks paternity pay, the remaining 11 weeks leave is unpaid. 

If however the mother starts her maternity leave the week the baby is born and then returns to work after 20 weeks when her husband takes 20 weeks leave her company (A) has to pay her 20 weeks maternity, her husband’s company (B) has to pay him 19 weeks money. 

Putting the modern man’s urge to be involved in the early upbringing of his children aside it is clear that a couple’s decision regarding who takes what leave will hinge on which of them earns the most money.  If he earns less than her Company B will end up with a bigger cost and longer loss of their employee than if he earns more than his wife.

Changes to First Aid training & the HSE's new Sample H&S Policy

 - John Bartlett

First Aid 

The Health and Safety Executive (HSE) is making changes to the first aid at work (FAW) training regime to make it more flexible – saving businesses time and money without compromising health and safety. 

The new guidance will see the mandatory four-day FAW training courses reduced to three days and there will also be an option for a one day course for smaller businesses. All FAW qualified first aiders will still have to attend a two-day requalification course every three years. 

The changes have been made following feedback from businesses across Great Britain . Employers recognised the need for first aid training but were concerned about releasing employees for four days training. 

The revised guidance will help employers to get first aid training that suits their business needs and saves them both time and money.” 

The new guidance also suggests [note only suggests] that refresher training taken annually would be beneficial to first aiders and their employers, with staff feeling better placed to deal with an incident in their workplace. 

New guidance is available at www.hse.gov.uk/firstaid 

All FAW training companies have to be approved by HSE and there is a current approval list totaling around 1200 companies which can all be contacted via HSE’s website. 

Note 

The Health and Safety (First-Aid) Regulations 1981 require employers to provide suitable first aid equipment, facilities and personnel to enable immediate assistance to be given to employees if they are injured or taken ill at work. 

For more information on the review of the regulations visit: www.hse.gov.uk/firstaid/program.htm 

There are no changes to current legislation which governs employers’ legal responsibilities on FAW. The only changes that have been made are to the guidance and if this is followed employers should be best placed to meet their legal responsibilities.  

 

Safety Policy 

The HSE has recently published a new sample health and safety policy. What’s different about this document and can you learn anything from it? 

In September, the HSE gave its sample health and safety policy a significant face-lift. 

The result is something quite different from its predecessor. In fact, it’s unlike any health and safety policy I’ve ever seen. It’s set out in a similar way to the HSE’s sample risk assessments; it includes the names of those with specific safety responsibilities and it has a brief summary of the necessary actions/arrangements to make the workplace safer. 

The requirement for companies that have five or more employees to have a formal health and safety policy was introduced by the Health and Safety at Work etc. Act 1974 (HSWA). 

This requirement hasn’t changed, or been amended. The HSE has introduced this new document to make it shorter and more user-friendly. The previous sample policy document ran to eleven pages; this one covers everything on a single page. 

Tip 1. Follow the HSE’s lead and keep your health and safety policy as short as possible. In fact, there’s nothing stopping you from using this new layout as a template. It’s short, simple and clear, and will be favoured by inspectors. 

Tip 2. To comply with the HSWA, your policy must state that you will: (1) consult with your employees on health and safety issues; (2) identify significant risks and appropriate ways of managing them; (3) provide staff with adequate training; (4) implement emergency procedures; and (5) maintain a safe workplace. 

Tip 3. It should also identify those with specific responsibilities, e.g. the individual who ensures that risk assessments are completed. 

Finally, it should be signed by a director. 

Follow the HSE’s lead and keep your health and safety policy short and simple. Identify those with specific responsibilities and include a summary of actions/ arrangements necessary to manage risks.

Be Safe

JB

The HR Tap Ltd

All rights reserved

The author hereby asserts the moral rights afforded by

S77-89 of the Copyright, Designs and Patents Act 1988

 The HR Tap Ltd