Mobile devices more of a distraction than a screaming child

A recent study has exposed the distraction and danger to drivers of just having a mobile phone in the car, with a fifth of participants in a simulator situation moving their eyes from the road for more than seven seconds after simply hearing their phone ring.

The simulator study commissioned by esure car insurance reveals that motorists take 23% longer to respond to an unexpected occurrence on the road when trying to send a text message while driving – which equates to the vehicle moving 8.5metres ‘blind’ while driving at 70mph. This lag in reaction times proved larger than the increased reaction times of distractions of arguing children in the backseat (13%) or feeling stressed (4%).

The simulator study further revealed that posting a short status update on, for example facebook - an everyday temptation to those with a smartphone - had various effects in driver performance mainly causing motorists to move across their lane to a greater extent (up to one metre more than in controlled conditions), being less consistent in following distance and driving closer to the vehicle ahead.

These decreases in motoring performance occurred despite drivers slowing down – proving that a reduction in speed does not offset the true dangers of being on a smartphone and the dangers of updating a social networking status.

Continue reading

Fraudsters trick school over asbestos cleaning

Two men colluded with each other to commit fraud by falsifying a record stating that a school in Abingdon had been properly cleaned of asbestos.

The "unusual fraud" was confirmed by detective work by one of the men’s employers using GPS tracking technology on the employee’s company van, which proved he had not attended the school when he claimed he had.

The deception by the two men was uncovered after an engineer went to the school to start plumbing work but could see that asbestos material had been left, putting him and others at risk of exposure to dangerous fibres.

He reported it to the Health and Safety Executive (HSE), which investigated and brought a prosecution against both men.

After the hearing, HSE Inspector Andrew Moore said:

"HSE takes exposure to asbestos very seriously. Currently 4,000 people die every year from asbestos-related disease and the onset of these debilitating diseases can occur many years after exposure. That is why there are clear rules and regulations governing its removal and site decontamination, and that is why HSE will prosecute those who flout the legislation."

Continue reading

Consultation launched on NHS compensation claims

The Scottish Government has launched a consultation on plans to reform the system of NHS compensation claims by introducing a no-fault compensation scheme in Scotland.

The change would mean patients who have suffered loss, injury or damage as a result of healthcare treatment could be compensated without having to resort to court action.

The proposed new system would still require proof that harm was caused by treatment but would remove the need to prove negligence.

Minister for Public Health Michael Matheson said:

"We know that the vast majority of the care delivered in our NHS is of the highest quality, but it is important that people who have suffered as a result of clinical mistakes should have some form of redress.

"It's in no-one's best interests to have that redress delayed because a compensation claim can take years to go through the courts and nor is it in anyone's interests to have precious NHS resources spent on expensive legal fees.

“That is why we are considering the introduction of a no-fault compensation system. It is important that we seek wider views in order to help in our understanding of what the practical implications would be and to ensure that those affected receive appropriate redress without the need to go through a lengthy court process.”

No-fault systems are already in place in countries such as Sweden, New Zealand, Finland, Denmark and Norway, and parts of the United States.

Continue reading

Reported road casualties Great Britain

The Department of Transport has published statistics on personal injury accidents in the year ending March 2012 on public roads (including footways) in Great Britain.

The statistics show that:

Continue reading

Campaign against compensation cuts

An assault victim has spoken out in support of a not-for-profit group’s campaign against Government plans to slash compensation payments for victims of crime.

Continue reading

AUGUST 2012 NEWSLETTER: Employment tribunal costs, unfair dismissal, property sales, LIBOR and more

Employment Tribunal Costs

The Government has now announced the new fee structure that will apply for Employment Tribunal claims. They have opted for a two tier system. Those claims that will be deemed First tier claims are straightforward cases such as claims for arrears of pay including claims for redundancy pay and notice pay. For first tier claims, there will be a charge of £160 to lodge a claim and a further £230 hearing fee payable when a hearing is assigned.

Continue reading

Companies prosecuted after asbestos exposure

A Cheltenham contractor and a retailer have been prosecuted after a construction worker was exposed to asbestos during a refurbishment project.

Continue reading

Government consults on discount rate

The Government has launched a consultation on methodology to be used by the Lord Chancellor and his counterparts in Scotland and Northern Ireland in independently setting the discount rate for personal injury damages in their respective jurisdictions.

Continue reading

Scottish safety camera figures

The Royal Society for the Prevention of Accidents (RoSPA) in Scotland has welcomed a reduction in the number of people killed or seriously injured at safety camera sites following camera enforcement, but is concerned that some drivers are still not heeding the safety messages at 40-, 50- and 60mph locations.

Continue reading

Companies told to improve their management of legionella

Businesses are being told to do more to protect workers and members of the public from exposure to legionella.

Continue reading

New fund for mesothelioma victims must go further

The announcement that the government is to make compensation claims easier for the thousands of people who have mesothelioma - as a result of asbestos exposure at work - but who until now have been unable to claim because their employer no longer exists, has been welcomed by the TUC.

Continue reading

Britain’s dockers at risk

Britain's dock workers could be left without the specialist safety protection they need if plans to water-down safety regulations go ahead.

The Association of Personal Injury Lawyers (APIL) says proposals by the Health and Safety Executive (HSE) to axe safety rules specific to dockyards could have “tragic consequences”.

“Five times more dock workers die than the national average for workplace deaths so the last thing the port industry needs is weaker safety measures,” said APIL president Karl Tonks.

Under the plans, regulations which are specific to docks, such as those ensuring ladders are in place as a means of escape if workers fall into the water, will be scrapped and replaced with guidance.

“Guidance isn't compulsory, and an industry as dangerous as this needs robust rules to protect its workers,” said Karl.

Continue reading

Consultation on help for victims of road accidents abroad

The European Commission has launched a public consultation to help victims of cross-border traffic accidents, who may currently face difficulties because of varying time limits for claiming compensation for damage in case of an accident abroad in the EU. The consultation will run until 19th November.

Vice-President Viviane Reding, the EU's Justice Commissioner said: "There are around one million road traffic accidents in the EU every year and some of these inevitably involve visitors from other EU countries. A road accident is a stressful experience for anyone, but it can get even worse if the victim is denied compensation due to complicated rules on bringing a claim.

“The European Commission wants to find out more so that we can offer effective solutions and make sure all victims have proper access to justice. European Citizens should feel at ease when using their car to go on holiday in another EU country."

Currently, different national rules lead to a confusing situation for victims, who may miss the sometimes short deadlines and end up receiving no compensation at all. The aim of the consultation is to get a better idea of the scale of the problem and to assess potential solutions.

Possible solutions that are addressed in the public consultation range from improving information to victims of cross-border road accidents, to harmonising limitation and prescription periods (the time limits for bringing legal action for damages following an accident).

The consultation is aimed at road traffic accident victims, all those who travel abroad with their car, legal practitioners, insurers and any other interested individual or organisation.

Continue reading

New statistics on fatal injuries at work

Recently published figures from the Health and Safety Executive (HSE) have shown that 173 workers were killed from April 2011 to March 2012 – a drop of two from the previous year. The rate of fatal injury remains the same at 0.6 per 100,000 workers.

The figures also show the rate of fatal injuries in several of the key industrial sectors:

Continue reading

Automatic emergency call system for new cars

MEPs have approved new European rules to ensure that, by 2015, all new cars must be fitted with eCall devices to alert the rescue services to road crashes automatically.

Continue reading

Contractor prosecuted after workers put at risk

An Edgware contractor has been fined after the routine inspection of a construction site discovered dangerous working conditions.

Health and Safety Executive (HSE) Inspectors saw contractors working some three metres above ground without measures in place to prevent them from falling. A Prohibition Notice was immediately served on the Principal Contractor, preventing further work at height until adequate safeguards were in place.

In a prosecution brought by HSE, Chelmsford Magistrates' Court heard that a follow-up inspection of the site later the same day, found working at height was still continuing, but no measures had been taken to comply with the Prohibition Notice.

The contractor pleaded guilty to breaching Regulation 6(3) of the Work at Height Regulations 2005 and Section 33(1)(g) of the Health and Safety at Work etc Act 1974 and was fined £2,000, and ordered to pay costs of £1,500.

Speaking after the hearing HSE inspector, David King, said:

"Last year 50 construction workers died following incidents on sites, with work at height being the largest factor in this. Therefore it is essential that everybody involved in the construction industry takes appropriate action to manage work at height safely, and other major hazards on their site, to prevent needless injury and loss of life."

http://www.hse.gov.uk/press/2012/rnn-e-86.htm

Continue reading

Road casualties lowest ever recorded

The lowest ever recorded figures for road casualties in Scotland have been published, according to Minister for Transport Keith Brown.

The latest figures for 2011 show road casualties are 4% lower than in 2010, and include an 11% drop in fatalities over the same period.

Mr Brown said:

“We in the Scottish Government are very aware of the tragic and personal cost of every fatality on our roads.  I am therefore encouraged by the very latest data which shows total reported road casualties are now at their lowest level since records began. The number of casualties last year dropped by 575 - a fall of 4% on 2010 figures. There has also been a drop of 5% on those seriously injured and a further reduction of 11% on fatalities.

“My deepest sympathies are of course with all of those who have been affected by incidents on our roads and we accept one death is simply one too many. That is why we are doing everything we can to reduce the numbers of casualties further.”

http://www.transportscotland.gov.uk/news/Road-casualties-Scotland-lowest-figures

Continue reading

Study of Medical Negligence Claiming in Scotland

The Scottish Government has recently published its study into the current system for medical negligence claiming in Scotland.

The study was commissioned to inform the work of the No-fault Compensation Review Group which was established in 2009 to consider the potential benefits to patients of the introduction of a no-fault compensation scheme for medical negligence claims in Scotland.

According to the Executive Summary, findings suggest that patients' grievances, complaints and even claims are not necessarily related to a specific medical event but rather to communication problems, staff attitudes and poor general care. An improved complaints procedure would give complainants a greater sense that they were listened to and that lessons were learnt from their complaint.

The settlement of a claim is influenced by a range of factors. This includes the level of experience of the pursuer’s solicitor in medical negligence claiming and the financial value of the claim. Relatively small value claims appear less likely to result in settlement. In those which settle, the cost of dealing with the claim often exceeds the award. The research suggests that small financial claims might be better dealt with through a complaints system which permitted a moderate level of financial payment in some claims.

The study explored the potential expenditure implications of a no-fault scheme based on the analysis of data on closed cases. Estimates were calculated based on a range of assumptions about how a no-fault system might operate as well as costs of the current system in recent years. At the lower end estimates for a no-fault compensation scheme would be similar to the cost of existing schemes whilst at the upper end, costs could increase by one half.

A no-fault scheme will not necessarily address non-clinical aspects of care. It is therefore important that any new scheme is linked into the wider process by which patients attempt to resolve disputes.

Contains public sector information licensed under the Open Government Licence v1.0.

http://www.scotland.gov.uk/Publications/2012/06/2348

Continue reading

Government must act over new workplace cancer study

The TUC has called for urgent action from the government to deal with the huge death toll from work-related cancer as research is published in the British Journal of Cancer Supplement into the incidence of cancers caused by work.

The study was was funded by the Health and Safety Executive, and found that every year around 8,000 cancer deaths in Britain each year are linked to occupations which equates to around 5% of all cancer deaths in Britain.

Researchers used a list of work-related cancer causing substances identified by the International Agency for Research on Cancer to calculate the impact of work on cancer cases and deaths, and discovered around 13,600 new cancer cases are caused by risk factors related to work each year.

After asbestos, the main work-related risk factors were night shift-work - linked to around 1,960 female breast cancer cases, mineral oil from metal and printing industries - linked to around 1730 cases of bladder, lung and non-melanoma skin cancers, sun exposure - linked to around 1540 skin cancer cases, silica exposure - linked to 910 cancer cases and diesel engine exhaust - linked to 800 cases.

Click here for more

Continue reading

Timber repair firm responsible for spread of asbestos fibres

Potentially deadly asbestos fibres were spread in part of a shop by unqualified workmen and left on the premises for three weeks.

In a prosecution by the Health and Safety Executive (HSE), Cardiff Magistrates heard that the company, which specialises in damp and timber repairs, committed four offences and was fined a total of £18,000 and ordered to pay £5,314 in costs.

The company was contracted to carry out the work in an antiques shop in the Vale of Glamorgan. Employees were sent to work on the site to survey and strip out parts of the building affected by damp and wood rot, without checking for the presence of asbestos.

None of the workers had received sufficient information, instruction or training in asbestos awareness or removal and the company did not have a license to remove or handle asbestos containing materials.

Asbestos insulation boards were removed in a back room by one of the workers and the ceiling was demolished. The uncontrolled removal of the asbestos boards and demolition work caused the disturbance and spread of potentially deadly asbestos fibres.

Instead of arranging for the proper disposal of the asbestos, the dust was swept into rubble bags and dumped in a skip lorry, along with the asbestos insulation boards. The asbestos material was immediately identified at the waste transfer site and were collected by the company and left in the backyard of the shop.

The owners of the building contacted the HSE and then arranged for a licensed removal company to undertake a full environmental clean of the building.

HSE Inspector, Steve Richardson, speaking after the case, said: "This incident was entirely preventable and would not have happened if the company had provided adequate information, instruction and training to its staff.

"The company had no procedures to check for the presence of asbestos and as a result, has put the health of its workers and the shopowners at risk of potentially fatal asbestos-related lung diseases."

Continue reading