Injury Compensation News

A report published this week by the Irish Business and Employers Confederation (IBEC) has revealed that absenteeism is costing the country 1.5 billion Euros each year in lost productivity.

The findings were based on a survey conducted in 2010 in which absenteeism levels in 2009 were examined across 635 companies employing a total of 110,000 people.  It was estimated in the report that 11 million working days were lost annually due to “unplanned” sick days although the report gave no indication of how many of these were due to accidents in the workplace and work illnesses.

Defining absenteeism as an “unscheduled disruption of the work process due to days lost as a result of sickness or any other cause not excused through statutory entitlements or company approval”, the report revealed that high-pressure rewards driven call centres recorded the highest absence rate (3.67%), while software companies had the lowest rates of absenteeism (1.56%). It also cited the main reason given for absence from work was minor illnesses.

However, the figures are much higher than those issued each year by the Health Safety Authority (HSA) in their annual “Summary of Workplace Injury” which, although a more accurate reflection of occupational health in Ireland (the IBEC conclusions were drawn by studying less than one half of one per cent of the workforce), are reliant on employers reporting work injury and illnesses of four or more days to the HSA.

The wide difference between the HSA figures and those estimated by IBEC could be due to an employer´s reluctance to report injuries and illness caused by their negligence. Although claims for injuries at work are declining in the farming and construction industries, those related to falls at work and repetitive strain injuries are on the increase, and if an employer reports injuries which are due to his breach of health and safety regulations, he could be inviting a visit from HSA investigators.

The publication of the report also coincides with a similar Health and Safety Executive release in the UK, which estimated that 560,000 employees in England and Wales took a total of 13.4 million days off last year due to stress in the workplace. Proportionately, it would appear that the situation is far worse in the Republic.

A conference in Dublin, organised by the Health and Safety Authority, Teagasc and the Farm Safety Partnership Advisory Committee has heard that the number of fatal farm accidents has already reached 16 this year, and is on its way to passing the twenty year high of 26 farm-related deaths in 2010.

Key speaker at the event, Minister for Agriculture Simon Coveney, heard that the highest proportion of deaths on farms was due to accidents with machinery, but that other hazards – such as the handling of livestock and the prevention of falls – also had to be tackled.

The Minister responded by stating that “People working on farms need to be more conscious of safety requirements, in particular since in many instances they are working on their own. A significant change in mindset is required if we are to prevent further serious farm accidents”.

He continued by commenting “By continuously talking about and being aware of farm safety we can together bring about a change of culture and farmer thinking in this area”, and concluded his speech by saying “changing farmers´ attitudes is ultimately about self-regulation”.

The conference, which was hosted in Castleknock marked the first time that an international meeting on agricultural occupational health and safety had been held in Ireland, and representatives from the United States, Norway, Denmark, Italy and Great Britain were also in attendance.

A report released by the Health and Safety Authority has revealed an increase of 127% in fatal accidents on Irish farms in 2010. The number of deaths in the agriculture industry rose from 11 in 2009 to 25 in 2010 and represents more than half of all workplace fatalities occurring in Ireland.

Commenting on the high fatal accident rate in agriculture, Chief Executive of the HSA, Mr. Martin O´Halloran stated “Farming is a difficult and challenging occupation, many involved are self-employed and the pressures that farmers are under can be intense at times. However, the fact is that the types of farm accidents that are causing deaths and serious accidents, such as those involving machinery and livestock, can be prevented.”

He also urged farmers and farm proprietors to follow the example of the construction industry, which has seen a substantial drop in workplace fatalities (from 10 to 6 in 2010), and which Mr. O´Halloran attributed to everybody “buying-in” to the concept of health and safety. Reaffirming the HSA policy that increased compliance results in a sustained reduction in accidents, Mr O´Halloran announced an increase in planned farm inspections in 2011 from 1,700 (in 2010) to a minimum of 3,000.

Acknowledging that many types of farm accidents which cause death and serious injury can be prevented, Mr. O’Halloran concluded, “We want to work with farmers by taking a sensible approach to health and safety management. We will support those that genuinely want to improve and take enforcement action against those that refuse to do so”.

The Health and Safety Authority (HSA) has urged employers to ensure the health and safety of their employees and visitors to their premises during cold weather. Writing on the HSA web site, Anne Maria O’Connor, Senior Inspector with the Authority said –

“Last year approximately one in five reported accidents to the Authority were as a result of a slip, trip or fall. With approximately a quarter of these accidents resulting in absences from work of more than a month, it’s in everyone’s interest that simple safeguards are taken to reduce the risk of workplace falls.”

The HSA has issued further advice on its web site to prevent slips, trips and falls due to treacherous conditions in freezing weather. These include identifying areas of the workplace where employees and visitors are most likely to be affected by ice and snow – such as car parks and exposed walkways – and making sure that floor areas are kept as dry as possible. Employers are also encouraged to monitor weather forecasts to plan ahead for inclement weather and plan accordingly.

Employees are also offered advice by the HSA to prevent the incidence of slips, trips and falls due to icy conditions. It is suggested that employees take care when getting out of their vehicles – holding onto its door to support themselves when the ground may be frozen. Furthermore, employees should also wear appropriate footwear for the weather and dry them thoroughly when entering a workplace to avoid causing wet and slippery conditions inside the premises.

Employers have an obligation under the Safety, Health and Welfare at Work Act to provide a safe environment in which to work. Failing to take heed of the advice issued by the HSA could result in an employer being liable for any injury sustained in the workplace. You should mention this to a solicitor if you are in the unfortunate position where you have to make a claim for personal injury compensation due to the lack of care by an employer.

The Health and Safety Authority (HSA)  has launched new farm safety guidelines with the support of farming organisations. Farms are the most dangerous workplaces in Ireland in terms of fatal accidents. The focus of the HSA’s efforts are to help farmers identify and negate the key risks and hazards in farms. For example, it is not generally known that farm animals are one of the main causes of farm deaths. The new farm safety initiative includes an improved code of practice for child safety on farms, guidelines on the safe use of tractors, guidance on safety around overhead power lines, and guidance on livestock safety at marts and lairages. The objective is to reduce the number of farm accidents.

The Health and Safety Authority (HSA) has launched Construction Safety Week to reduce the number of construction accidents and construction accident claims. The focus of the safety week will be construction vehicles, presumably because the HSA as identified this aspect of construction sites as needing improvement. HSA staff will conduct construction site inspections this week.  As well as inspecting construction sites, HSA staff will also try to educate construction firms on the hazards posed by construction vehicles in an effort to prevent future accidents.

The HSA points out that accidents involving construction machinery and vehicles are responsible for very serious accidents and construction worker deaths.

Two construction workers have lost their lives so far this year, a much improved safety record compared with 2009.

The Health and Safety Authority (HSA) of Ireland has published a new guide, Stop Slips and Trips – Get a Grip, for employers and employees to help reduce workplace injuries caused by simple slips, trips, and falls. Although this type of injury might initially seem very minor compared with industrial accidents involving heavy machinery, about one fifth of the workers injured from falls stay absent from work for over one month.
Injuries at work due to falls account for about half of all claims for injuries at work that are made by the Injuries Board Ireland.
As with all types of workplace injury prevention programs, the HSA recommends that employers should track all incidents, assess the risks, and concentrate on prevention.  The preventative measure for slips or trips are fairly obvious: placing safety signs in places where trips might occur like unexpected steps, providing protective equipment and appropriate shoes to staff that might regularly be exposed to the risky areas like loading bays, ensuring that there is sufficient lighting so hazards are visible, ensure workers can dry any wet shoes, deal with liquid spills immediately, and most obviously, ensuring there are no bumps and holes on the floor.

The HSA always highlights that workplace safety is a joint responsibility between workers and employers, with both groups responsible for ensuring that there are as few accidents as possible.  However, employers have a responsibility to ensure the safety of their workers.  Not just to prevent injury claims and because it’s a legal requirement, but because employers have a duty of care for their employees.

The Health and Safety Authority has launched a three year plan to improve workplace safety and reduce injuries at work. The HSA estimates that about 150 Irish workers suffer an injury at work every day. The HSA also estimates that workplace accidents cost the Irish economy over three billion euros annually, not including the cost of injury claims.

The Health and Safety Authority and Road Safety Authority have issued new guidelines “Driving for Work Guidelines”  that provide “an overview of legislation, how to carry out risk assessments and highlights the significant benefits for businesses and the wider community when work related road safety is managed effectively”.

The Safety, Health and Welfare at Work Act of 2005 means that employers have a legal duty to protect the health and safety of workers who drive for work.

About one third of all road traffic accidents involve a work vehicle and about 76 people die in work-related crashes annually.

The HSA reports that 42% of Irish businesses have no driving for work policy as part of their health and safety management system.  This raises questions about the liability of employers when employees are involved road traffic accidents.