Accidents
This guidance for members of UNISON Scotland Further Education Branch on Accidents is part of a suite of Health & Safety guidance for members. If you do not find answers you are looking for here you should:
- Contact your local UNISON Steward or
- Contact the Branch at help@unisonfe.scot
- Call the UNISONdirect call centre on 0800 0 857 857
Responsibility for health and safety in the workplace
Your employer has two main responsibilities when it comes to preventing accidents in the work place:
- they should take measures to protect anyone in the workplace from harm (including employees, agency staff, outsourced workers, students, contractors and members of the public visiting the college)
- they should inform the Health and Safety Executive (HSE) (or in certain situations, the local authority) in the case of specific incidents including accidents that prevent workers from returning to work for seven days or more or non-employees, as described above, the employer should inform the HSE of any accidents to members of the public or others who are not at work must be classed as RIDDOR reportable incidents and reported if they result in an injury and the person is taken directly from the scene of the accident to the hospital for treatment to that injury.
It is an employer’s duty to conduct risk assessments, take into account the capabilities of their workers as regards health and safety, provide adequate health and safety training, conduct emergency planning and provide adequate first aid.
All workers also have responsibility for health and safety at work and must make sure they work safely and do not put themselves or others at risk.
If you have an accident at work
If you have an accident at work, you must make sure you:
- record it in the accident book; or Accident Reporting System.
(If your manager takes responsibility of recording the accident, it is good practice for you to check with your college H& S Department that the accident has been recorded)
- tell your safety representative or steward.
- report any associated risks or ongoing problems to your employer.
If the risk or hazard that caused your accident is not addressed, then contact your UNISON safety rep who can advise you on the next course of action.
Claiming for an injury sustained through an accident at work
If you think your employer is to blame for an injury sustained at work, contact the UNISONdirect call centre on 0800 0 857 857. You should also contact your UNISON rep, who can take you through the next steps. Remember to report accidents to your UNISON Rep as soon as you can. Your UNISON H&S Rep is entitled to investigate accidents just as much as the college H&S function is.
If you make a claim, you are likely to require legal assistance. UNISON can support you with this and can supply legal services. Claims must be made within three years of the incident, however, it is advisable to submit a claim as soon as possible, so that memories of the incident from you or witnesses are fresh in mind.
Your employer must have liability insurance for this kind of claim, and must display a copy of the certificate of insurance at the workplace or make it available in electronic form or, in certain circumstances, provide a copy upon request.
UNISON Accident Benefit
UNISON Accident benefit is payable to full members with a minimum of 4 weeks membership who have had an accident either at work or travelling to or from work, or whilst attending a UNISON business which has resulted in them having to have time off work.
A member can be compensated £6.25 per day, £43.75 per week maximum during the whole period in which the member is unable to work by reason of the accident up to a maximum of 30 days or £187.50 in any calendar year.
Members must complete the UNISON Accident Benefit Form. Contact your local College UNISON Steward or Health & Safety Rep.
National COVID Circular
It would appear that some colleges have decided that they no longer need to follow the agreed circular 01/20 and instead will treat COVID similar to any other illness in relation to sickness “trigger points” and contributing to half pay full / pay periods.
The employers have agreed at the NJNC Central Committee, that any college treating staff like this should be reminded of the circular and if they persist a reference should go to the national machinery to resolve.
This is a national agreement which has not changed.
On Behalf of College Employers Scotland
Sent: Tuesday, October 24, 2023 3:08 PM
Subject: Circular 01/20 – COVID-19 – Guidance on Paid Leave for Lecturing and Support Staff –
Approval
Dear Chairs, Principals, College Employers Scotland (CES) Representatives, Finance
Directors and HR Leads (copied to CES Executive Group Members, Management Side
Representatives, PAs, and Stuart Brown, Staff Side Joint Secretary)
Further to discussion at the Central Committee on Thursday 28 September 2023, the staff
side raised a concern that colleges were not implementing Circular 01/20 on COVID 19 –
Guidance on Paid Leave for Lecturing and Support Staff, therefore breaching a National
Agreement. It was agreed by the management side and the staff side that the Joint
Secretaries would remind all colleges that this circular has not been replaced or recalled,
therefore, colleges should be continuing to follow the guidance as set out in the circular.
Any issues should be discussed through local negotiation fora and instances where
agreement cannot be reached; the matter should be referred to the Joint Secretaries.
Regards Katrina Daly Joint Secretary Stuart Brown Joint Secretary
If you have been absent from work and unable to work from home due to either a positive LFT (Lateral Flow Test) aka SARS-CoV-2 Antigen Rapid Test or with symptoms consistent with COVID-19, and your college has treated the absence similar to any other illness, in relation to sickness “trigger points” and contributing to half pay full / pay periods, contact your local UNISON Steward immediately.
Links to Updated Coronavirus Scot Gov Guidance
Coronavirus (COVID-19): universities, colleges
Safer Workplaces and Public Settings
NHS COVID Guidance Scotland
Coronavirus (COVID-19) | NHS inform
Ventilation
https://www.gov.scot/publications/coronavirus-covid-19-ventilation-guidance/pages/introduction/
Manual Handling
Accidents involving manual handling can have a long-lasting impact on personal and working lives. Manual handling is not just an issue for those members who are required to lift and carry on a regular basis, as almost every job will require you to move items at some point.
One in three accidents at work are caused by manual handling. Many manual handling incidents cause damage to the back, neck, shoulders, arms, hands, legs and feet. Although you would think that workers rarely lift with their feet, if a heavy object is dropped, it’s often the feet that receive the impact. Crushed, bruised or broken bones are common in both hands and feet when incorrect manual handling techniques are used.
Employer’s responsibilities
By law employers are required, among other things, to reduce risk of injury from manual handling operations to “the lowest level reasonably practicable”. Employers must also:
- so far as reasonably practicable, avoid the need for employees to undertake manual handling which involves a risk of their being injured;
- carry out a manual handling risk assessment prior to any manual handling tasks;
- provide training and information including specific information about the weight of the load and its heaviest side if its centre of gravity is not positioned centrally the equipment and techniques to be used when carrying out a manual handling tasks;
- assess the layout, structure or nature of the work and the individual capability of staff to reduce manual handling risks;
- retain accurate reports on any previous notifiable manual handling incidents and accidents;
- give equal consideration to those working away from the employer’s premises.
Key facts
You should not be asked to engage in lifting and carrying heavy or large loads without proper training.
Do not start a manual handling task if you feel unsafe or see potential risk to yourself or people around you.
Speak to your UNISON safety rep if you have raised with your manager your concerns but still have unresolved manual handling issues.
Your employer has a responsibility to avoid or at least minimise risk of harm to you while at work.
Working Environment
Your working environment is affected by factors including health and safety, security, working hours and workload. A poor working environment can include the physical environment such as cold, heat, lighting, workstations and seating, condition of floors, slips, trips, falls etc.
But your working environment can also include welfare and wellbeing.
Welfare includes sanitary conveniences – toilets etc, washing facilities – including shower facilities where appropriate. Welfare also includes drinking water, cleanliness, break and resting facilities, changing clothes facilities where appropriate and eating/hot drink facilities.
Wellbeing includes what’s known as psychosocial risks such as work-related stress and mental health welfare. Wellbeing at work includes how a person’s job affects their overall health, mental health state and fulfilment of their job.
In summary, A poor working environment can damage your health and put your safety at risk.
The Workplace Health, Safety and Welfare Regulations
The Workplace Health, Safety and Welfare Regulations lay down minimum standards for workplaces. Workplaces must be suitable for all who work in them, including workers with any kind of disability.
We listed above the main criteria of your work environment hazards, including welfare and wellbeing. Below is a synopsis of your employer’s duties towards ensuring you are not harmed by such hazards.
- Maintenance: make sure the workplace, equipment, devices and systems are maintained, in working order and in good repair.
- Ventilation: make sure enclosed workplaces are ventilated and have enough fresh and purified air.
- Temperature: maintain a reasonable temperature inside building during working hours. Enough thermometers must be provided.
- Lighting: must be suitable and efficient and natural so far is reasonably practical. Emergency lighting must be provided where lighting failure would cause danger.
- Cleanliness: keep workplaces and furnishings clean. Waste materials must not accumulate, except in suitable containers.
- Space: make sure workrooms have enough floor area, height and unoccupied space.
- Workstations: must be suitable for the worker and work. A suitable seat must be provided where necessary.
- Floors: must be suitable and not uneven or slippery, presenting a safety risk. They must be kept free from obstructions likely to cause a slip, trip or fall. Handrails must be provided on staircases, except where they would obstruct traffic.
- Falls: take suitable and sufficient measures to prevent people falling or being struck by falling objects. Tanks must be securely covered and fenced where there is a risk of a person falling into a dangerous substance.
- Windows: make sure that windows, and transparent and translucent surfaces, consist of safe material, are clearly marked, and safe when open.
- Traffic: organise workplaces to allow safe traffic circulation by pedestrians and vehicles.
- Doors: make sure doors and gates are suitably constructed and comply with certain specifications.
- Toilets: provide suitable and sufficient sanitary conveniences at readily accessible places.
- Washing: provide suitable and sufficient washing facilities at readily accessible places
- Water: provide an adequate supply of wholesome drinking water and cups, readily accessible and conspicuously marked.
- Clothing: provide suitable and sufficient accommodation for clothing, as well as changing facilities where special clothing is worn.
- Restrooms: provide suitable and sufficient rest facilities at readily accessible places. Rest rooms and areas must include suitable arrangements to protect non-smokers from discomfort. Suitable facilities must be provided for pregnant or nursing workers to rest and for workers to eat meals.
Psychosocial Hazards in the Workplace
- Job Demands: Excessive workload or conflicting demands can lead to stress and anxiety.
- Low Job Control: When workers lack control over their tasks or decision-making, it can contribute to feelings of helplessness.
- Poor Support: Insufficient social support from colleagues or supervisors can increase stress levels.
- Lack of Role Clarity: Unclear job roles and responsibilities can lead to confusion and frustration.
- Poor Organizational Change Management: Inadequate handling of organizational changes (such as restructuring or redundancies) can cause anxiety.
- Inadequate Reward and Recognition: Lack of appreciation or recognition, cost of living pay increase can impact motivation and well-being.
- Poor Organizational Justice: Unfair treatment, favouritism, or perceived injustice can harm mental health.
- Traumatic Events or Material: Exposure to distressing incidents or disturbing content can lead to post-traumatic stress.
- Remote or Isolated Work: Isolation can contribute to feelings of loneliness and stress.
- Poor Physical Environment: Uncomfortable or unsafe workspaces can affect both physical and mental health.
- Violence and Aggression: Threats, harassment, verbal abuse or physical violence create a hostile environment.
- Bullying: Persistent negative behaviour from managers or colleagues can harm mental well-being.
- Harassment (including sexual and gender-based): Inappropriate behaviour can cause significant distress.
- Conflict or Poor Workplace Relationships: Interpersonal conflicts impact job satisfaction and mental health.
Risk Assessment – A Guidance to Members
What is a risk assessment
A risk assessment is the process of identifying what hazards currently or could exist in the workplace.
Risks need to be considered in all aspects of the working environment. Here are some examples of the things that should be included in a risk assessment:
Hazards: electrical safety, fire safety, manual handling, hazardous substances, risk factors for repetitive strain injury, stress, violence, infectious diseases (COVID-19)
Tasks: cleaning with chemical substances, maintenance work or dealing with students or the public.
Organisational factors: staffing policies, systems of work, workloads, consultation and participation, management techniques or working hours, shift patterns, lone working;
Carrying out a risk assessment?
It is the Employer’s responsibility to carry out a risk assessment. These are all things the EMPLOYER should be doing when carrying out a risk assessment. They must appoint people who:
- have expertise about health and safety alongside someone who knows the job.
For example, a manager may be tasked to carry out the risk assessment. They should know the job and you would expect them to have been trained in risk assessments. H&S law says that they should be competent and if not, they should seek advice from a competent person. That could be the local H&S Officer.
- consults with people who do the jobs and have practical understanding of the hazards and risks involved.
The manager may know the job, but the persons actually carrying out the tasks day in and day out will have a better idea of the hazards and risks i.e. You, the member. The manager should consult with you.
- observes what happens by inspecting the premises;
So, the manager should know the job, and the worker will know it inside out, but what if there are bad habits or shortcuts taken, or the worker could have reported a fault but it has still not been rectified or sign posted to warn others not to use etc. Good managers should be observing for bad practice and be involved in safety inspections.
- checks the written assessment and action plans and make sure that all the risks are being covered.
Again this is where talking to the workers is so valuable. The manager may think they know the job and all its risks, but the workers can flag up any gaps, as will safety reps. By talking to the workers the manager can check against their risk assessments and action plans to ensure nothing is missed.
- checks that it is clear who is responsible for implementing any identified action
So there may be some actions required so that a suitable control measure is put in place to mitigate the risk e.g. replace a faulty guard on a machine. The Employer has to appoint people who checks that the actions are implemented.
- consults with the safety rep
Employers have a legal duty to consult recognized trade union safety reps as part of Health & Safety Regulations.
The safety rep can help flag up risks that may not have been thought of by the risk assessor or the worker. For example, is the worker getting regular breaks, so that fatigue and complacency does not cause a hazard. Or a member may have complained to the safety rep about a H&S problem that is not in the risk assessment etc.
- implements a review date for the risk assessment
The risk assessment should always have a review date, things can change in time. New personnel, new ways of working, etc
Communicating the Results to you
Communicating the results of risk assessments to workers is crucial for fostering a safer work environment. Think of how many completed risk assessments you have seen. Too many managers think that completing a risk assessment is a tick box exercise.
Here are some effective ways to share the findings that you could suggest to your managers if they are not communicating the results of risk assessments back to you or your colleagues:
Clear Reports: Prepare concise and easy-to-understand reports that outline the identified risks, their severity, and recommended control measures. Use visual aids like charts or graphs to enhance clarity.
Meetings: Organize meetings or toolbox talks with workers. Present the assessment results, discuss potential hazards, and involve workers in brainstorming solutions. Encourage questions and feedback.
Training Sessions: Conduct training sessions specifically focused on risk assessment outcomes. Train workers on how to recognize risks, follow safety protocols, and use protective equipment.
Visual Aids: Use posters, infographics, or safety boards to display key risk assessment findings. Visual cues can reinforce safety messages and serve as reminders.
And, if Managers are not communicating the results of risk assessments to you and your colleagues, contact your local UNISON Safety Rep or Steward.